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reside, designating tlie same with, reasonable certainty, or that trees or fruit infected 

 with such disease are oftered for sale or shipment, or have been introduced therein, 

 designating the person in whose possession or under whose control such trees or fruit 

 are believed to be. 



Sec. 6. It shall be the duty of the commissioner to whom such complaint is deliv- 

 ered to proceed without unnecessary delay to examine the trees or fruit so designated, 

 and if he shall become satisfied that the contagious disease actually infects such trees 

 or fruit he shall, without injuring the same, fix a distinguishing mark upon each of 

 the trees so infected, and immediately notify the person to whom such trees belong, 

 personally or by leaving a written notice at his usual place of residence, if he be a 

 resident of the county, and if such owner be a nonresident of such county, then by 

 leaving the same with the j)erson in possession of such trees, requiring him, within 

 fifteen days, Sundays excepted, from the date of the service of said notice, to effect- 

 ually remove and destroy, by lire or other means, the trees so marked, and in case of 

 fruit so infected such notice shall require the iierson in whose possession or control it 

 is found to immediately destroy the same or cause it to be done. 



Sec. 7. If any person neglects to destroy, or causes to be destroyed, such diseased 

 fruit, after such examination and notification, but sells, ships, or disposes of the same 

 to others, such person shall be deemed guilty of a misdemeanor, and punished by a 

 fine not exceeding a hundred dollars, or by imprisonment in the county jail not 

 exceeding three months, or both, in the discretion of the court; and any justice of 

 the peace in the township where such fruit is sold, shipped, or disposed of, as aforesaid, 

 shall have jurisdiction thereof. 



Sec. 8. "Whenever any person shall refuse or neglect to comply with the notice to 

 remove and destroy the trees marked by the commissioner as aforesaid, it shall be 

 the duty of said commissioner forthwith to notify the other commissioners to assem- 

 ble with himself on the premises on which said trees shall be, on the fifteenth day, 

 Sundays excejited, after he shall have made service of such notice, and then and there 

 personally to examine the trees in question, and the evidence bearing on the exist- 

 ence of said disease; and if said commissioners, or a majority of them, shall, after a 

 proper examination of the matter, decide that said trees are infected with said dis- 

 ease, they shall, in case such trees so infected do not exceed six in number, order the 

 same to be removed and destroyed forthwith, or cause it to be done, employing all 

 necessary aid for that purpose, if the person in charge thereof refuses or neglects to 

 do so ; and in case the trees found to be infected shall exceed six in number, and the 

 OAvner thereof shall, upon the serving of said notice, refuse or neglect to remove the 

 same in accordance Avith the provisions of the act and terms of such notice, then and 

 in that case the said commissioners shall petition the circuit court of the county for 

 an order directing and empowering said commissioners to remove or cause to be 

 removed such infected trees, aud the court shall direct the defendant to be summoned 

 and an issue joined therein, and the cause to be tried in a summary manner, and if it 

 shall appear on said trial that said trees are so infected, he shall grant the order 

 prayed for, with costs of prosecution against the owner of such trees; but in case 

 such trees are found not to be infected, he shall dismiss said proceedings, with costs 

 to be taxed against the township in which such commissioners reside. 



Sec. 9. Every person who shall wilfully refuse or neglect to comply with the 

 notice of the commissioners, as hereinbefore provided, to remove and destroy said 

 diseased trees, shall be liable for all the costs, charges, and disbursements made 

 upon the x^roceedings of said commissioners and of the board of commissioners to 

 effect such removal and destruction, together with a penalty of five dollars for each 

 and exerj day, but not exceeding one hundred dollars in all, such trees remain 

 undestroyed, which costs, charges, disbursements, and penalty shall be recovered of 

 him in an action of trespass upon the case, in the form of assumpsit, brought and 

 prosecuted by the supervisor, in the name aud for the benefit of the townsiiii"), and 

 before any justice of peace therein in the same manner aud with like proceedings as 



