23 



to the eiipervisor of the township and by him collected iu an action of assumpsit, 

 before any justice of the peace having jurisdiction of the case; or, uijon the order of 

 the board, to be included iu the next annual tax list, and collected as a tax upon the 

 premises upon which such trees or fruit shall be grown. 



Sec. 11. The proceeds of all fines accruing under the provisions of this act shall 

 be paid into the treasury of the township, to the credit of the general fund; and the 

 commissioner and the members of the township board shall, for services rendered 

 under the provisions of this act, be allowed the same rate per diem that is by law 

 allowed for ordinary sessions of said board, which shall be paid from said general 

 fund. 



Sec. 12. This act shall take immediate effect. 



Approved, May 1, 1875. 



This act was in force four years. It was superseded by the act of 



1879. 



AN ACT to prevent the spread of the yellows, a contagious disease, among peach, nectarine, and other 

 trees, and to extirpate the same, and to repeal the local act 379 of the session laws of 1875, approved 

 May 1, 1875.1 



The people of the State of Michigan enact: 



Section 1. That it shall be unlawful for any person to kfeep any peach, nectarine, 

 or other trees infected with the contagious disease known as the yellows, or to offer 

 for sale or shipment, or to sell or ship to others, any of the fruit thereof; and no 

 damage shall be awarded in any court of this State for the destruction of such dis- 

 eased trees and fruit, as hereinafter provided; and it shall be the duty of every 

 citizen, as soon aa he becomes aware of the existence of such disease in any tree or 

 fruit owned by him, to forthwith destroy or cause the same to be destroyed. 



Sec. 2. In any township in this State in which such contagious disease exists, or 

 in which there is good reason to believe it exists, or danger may be justly appre- 

 hended of its introduction and spread, it shall be lawful for any five or more resident 

 freeholders of the same or of any adjoining township to set forth such fact, belief, 

 or apprehension in a petition addressed to the board of such township, requesting 

 them to appoint three commissioners, as hereinafter provided, to prevent the spread 

 or introduction of such disease, and to eradicate the same, which petition shall be 

 filed with and become a part of the records of the township to which such applica- 

 tion is made. 



Sec. 3. It shall be the duty of the township clerk, on receipt of the petition 

 specified in section 2 of this act, to call a meeting of the township board within ten 

 days thereafter, and upon the assembling of said board to lay such petition before 

 them, whereupon it shall be the duty of said board, upon the hearing of said petition, 

 to appoint three competent resident freeholders of such towushij) as commissioners, 

 who shall hold their office during the pleasure of said board, and such order of 

 appointment and revocation, when revoked, shall be entered at large upon the 

 records of the township. 



Sec. 4. It shall be the duty of said commissioners, within ten days after appoint- 

 ment as aforesaid, to file their acceptance of the same with the clerk of said tow^u- 

 ship, and said clerk shall be ex officio clerk of said board of commissioners, and he 

 shall keep a correct record of the proceedings of said board in a book to be pro- 

 vided for the purpose, and shall file and preserve all papers pertaining to the duties 

 of said commissioners, or either of them, which shall be a part of the records of said 

 township. 



Sec. 5. Any one or more residents of the same or adjoining township may make 

 complaint iu writing and on oath, addressed to said commissioners, delivering the 

 same to either of them, setting forth that said disease exists, or that ho has good rea- 

 son to believe it exists, upon lands within the township in w^hich said commissioners 



1 Public Acts, Michigan, session of 1879. Lansing, W. S. George & Co., printers, No. 32, p. 27. 



