21 



tiie color thereof not solid, but mottled or variegated; 2d, wiry growtli of slioota 

 from the trunk or branches of the tree. 



Sec. 8. That said ''tree and fruit inspectors'' together, or any two or one of them, 

 may discharge the duties imposed by this act, and that they shall receive for each 

 day of actual service a per diem of two dollars and in the same ratio for a fraction of 

 a day, to be paid by the county commissioners of the county, as well as such other 

 charges and expense as they shall be put to in the discharge of the duties of this act, 

 which shall be paid by the county commissioners; all expenses, however, arising out 

 of the failure or refusal of the owner or occupant of any lands or premises to obey 

 the order of the ''tree and fruit inspectors," and that they shall be put to in the 

 removal and destruction of any tree or fruit, shall be and constitute a lien and 

 charge on the lands and premises where said trees and fruit were found, recoverable 

 by the county commissioners of the county for county purposes, through the agency 

 of tax collectors, as taxes are collected. 



Skc. 9. That if any person shall in anywise interfere with or hinder and impede 

 said "tree and fruit inspectors" or any of them, their agents or workmen, or the 

 constable and his assistants in the performance of their duties, under this act, such 

 persons shall be guilty of a misdemeanor and shall be punished by fine not exceeding 

 one hundred dollars, or by imjirisonment in county jail for not exceeding three 

 months, or by both fine and imprisonment. 



Sec. 10 (2). That this act shall take effect from the date of its passage. 



Approved, April 7 1892. 



I.AWS OF MICHIGAN. 



AN ACT to prevent the spread of the contagious disease of tlie peach tree known as the yellows in 

 the counties of Allegan, Van Buren, and Ottawa, and to provide measures for the eradication of 

 the same.' 



TJie jyeople of the State of Michigan enact: 



Section 1. That any and all trees in the counties of Allegan, Van Buren, and 

 Ottawa, whether peach, almond, apricot, or nectarine, infected with the contagions 

 disease known as the yellows, shall be held to be without pecuniary value and the 

 fruit unfit for use as food; and that, as the best-known means of preventing the 

 spread of such disease, both tree and fruit so infected shall be subject to destruction 

 as public nuisances. 



Sec. 2. In any township of the counties of Allegan, Van Buren, and Ottawa in 

 which the contagious disease of the peach, almond, apricot, or nectarine tree known 

 as the yellows is believed to exist, or in which danger may be apprehended of its 

 spread or introduction, it shall be competent for any five or more residents of the 

 same or of an adjoining township to make allegation of such belief or apprehension 

 in writing, addressed to the township board of such towjiship, and requesting them 

 to take measures, as hereinafter jDrovided, to prevent the spread of such contagious 

 disease and for the eradication of the same, which request must be filed by the clerk 

 of the township in which such application is made. 



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

 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 allegation and 

 request before them; whereupon it shall be the duty of said board to appoint a dis- 

 creet and suitable person as commissioner, who shall hold his office during the 

 pleasure of said board, and to said commissioner shall be submitted any and all 

 complaints of the existence or impending introduction of said contagious disease 

 arising under the provisions of this act within such township. 



Sec. 4. Complaints of the existence or impending introduction of said disease may 

 be made by any one or more residents of the same or of* any adjoining township, 

 and must be in writing, addressed to said commissioner, and must state distinctly 



1 Local Acts, Michigan, session of 1875. Lansing, W. S. George & Co., printers, No. 379, p. 726. 



