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tiie premises on wiiicli siicli disease is alleged to exist, or the name and residency 

 of tlie owner, and the place of distribution, shijiment, or exposure for sale of the 

 fruit alleged to be so infected. 



Sec. 5. It shall be the duty of such commissioner, on the receipt of any such com- 

 plaint, to proceed without unnecessary delay to the examination of the alleged case 

 or cases; and if he shall become satished of the actual existence of the yellows in 

 standing trees he shall afHx a distinguishing mark to each tree so affected, and 

 immediately notify the owner or occupant of the premises on which such trees shall 

 be standing, iu person or by leaving a written notification at his usual place of resi- 

 dence, requiring him, within five days from the date of such notice, to uproot and 

 effectually destroy by fire or otherwise the trees so designated; and in the case of 

 affected fruit introduced into the township, or distributed, shipped, or offered for sale 

 therein, he shall in the same manner notify the owner or person in charge thereof to 

 withhold the same from distribution, shipment, or sale, and to destroy the same 

 within the above-named period of five days from such notice. 



Sec. 6. In case the trees decided to be so infected shall be upon nonresident lands 

 it shall be the duty of the commissioner to give the required notice by posting a copy 

 of the same at some conspicuous place upon said nonresident premises, and by serv- 

 ing a copy of the same upon any resident of the townshiiD or vicinity who may be 

 in charge of such premises, and by directing a copy of such notice by mail to the 

 owner of said i)remises, if his name and residence shall be known. 



Sec. 7. Whenever the person or persons who shall have been served with the notice 

 or notices provided in sections 5 and 6 of this act shall refuse or neglect to comply 

 with the requirements of the sauae within the period therein prescribed it shall be 

 the duty of said commissioners to immediately enter upon the premises and eftect- 

 ually uproot and destroy such affected or diseased trees or fruits. 



Sec. 8. Any owner or occupant of premises on which such condemned trees or fruit 

 shall be, who shall consider himself aggrieved by the decision of the commissioner, 

 may, within three days from the date of the notice served upon him, by a written noti- 

 fication, inform said commissioner of his purpose to contest the decision as to the dis- 

 eased or infected character of such trees or fruit; whereupon it shall be the duty of 

 such commissioner forthwith to notify the members of the township board to assem- 

 ble on the premises on which such trees or fruit shall be, on the day on which the 

 aforesaid notice requiring the destruction of such diseased trees will expire, then 

 and there to examine the trees or fruit in question, and to hear such evidence as 

 shall be presented bearing upon the question at issue; and if said township board, 

 or a majority thereof, shall, after a projier hearing of the case, decide that said trees 

 are so diseased or affected, they shall direct said commissioner, without unnecessary 

 delay to uproot and destroy the trees in question, or to destroy the fruit, as the case 

 may be, unless the owner or occupant shall forthwith proceed to do so. 



Sec. 9. In any case in which an o^Tier or occupant of premises, or a person in 

 charge thereof, shall be notified by a commissioner of the diseased or infectious 

 character of any trees or fruit thereon, whether grown thereon or imported, and 

 in which such owner, occupant, or person in charge shall refuse or neglect, in com- 

 pliance with such notice, after its confinnation by the township board, to destroy 

 such trees or fruit, the expenses of the commissioner in eff"ecting such destruction, 

 including the cost of the assembling of the township board and of the evidence 

 necessarily produced in the case, shall bo a charge, firstly, upon the defendant in the 

 case; or, secondly, upon the premises upon which such trees or fruit shall be grown. 



Sec. 10. Any owner, occupant, or person in charge of premises or fruit who shall 

 refuse or neglect to comply with the order of the commissioner for the destruction 

 of diseased or afiected trees or fruit, upon the confirmation of such order by the 

 township board, as provided in this act, shall be liable to a fine, to be imposed at the 

 discretion of such township board, not exceeding one hundred dollars with costs, to 

 include those of the commissioner and of the township board ; the same to be certified 



