The Yellows And Black Knot Law

AN ACT to prevent the spread of the contagious diseases known as yellows and black knot aniong peach, plum, cherry, pruue, alinoud, apricot and nectarine trees, or the fruit thereof, by providing measures for the eradication of the sanie, and to repeal act nuinber one hundred and flfty-eight of the public acts of eighteen hundred an ninetyone, entitled "Au act to prevent the spread of yellows, a contagious disease among peach, alniond, apricot, and nectarine trees, and to provide measures for the eradication of the same, and to repeal act thirty-two of the sossion laws of eigliteen hundred and seventy-nine," approved April four, eighteen hundred and seventy-nine. Sec. 1. Thepeople of the state of Michigan enact, That it shall be imlawful for any person to keep any peach, almond, apricot, plum, prune, cherry or nectarine free, infected with the contagious diseases known as yellows or black knot, or to offer for sale or shipment, or to sell, or to snip any of the fruit thereof, except the fruit of the plum and cherry tree ; that both tree and fruit so infected shall be subject to destruction as public nuisances as hereinafter provided. No damages shall be awarded in any court in the state for entering upoo the premises and destroying such diseased trees, or parte of trees, or fruit, if done in accordance with the provisions of this act. It shall be the duty of every person as soon as he bccomes aware of the existence of such diseases in any tree, parts of trees, or fruit owned by him to forthwith destroy, or cause saiá trees or fruit to be destroyed. Sec. 2. In any township, city or vlllage in this state in wliich such contagious diseases .exist, or in wliich there is good reason to believe they exist, or danger may be justly apprehended of their introduction, it shall be the duty of the township or village board, or city couneil, as soon as such information becomes known to either such board or couneil or any member thereof, to appoint forthwitli three competent freeholders of said township, village, or city as commissioners, who shall hold office during the pleasure of said board, village or city couneil, and such order of appointment and revocation shall be entered at large upon the township, village or city records : Provided, That the commissioners now appointed and in office shall continue in said office üntil their successors are appointed and qualifled. Sec. 3. It shall be the duty of said commissioners, within ten days after appointment as aforesaid, to file their acceptances of the same with the clerk of said township, village or city, and said clerk shall be ex-officio clerk of said board of commissioners, and he shall keep a record of the proceedings of said board in a book to be provided for the purpose, and shall file and preserve all papers pertainjng to the duties and actions of said commissioners, or either of tliem, wliich shall be a part of the records of said township, village or city. Sec. 4. It shall be the duty of the commissioners or any one of them upon or without complaint, whenever it comes to their notice that either of the diseases known as yellows, black knot, or other contagious diseases exist, or are supposed to exist within the limite of their township, village or city, to procede without delay to examine, the tree or fruit supposed to be infected, and if the disease is found to exist, a distinguishing mark shall be placed upon the diseased trees and the owners notiiied personally, or by a written notice left at his usual p'lace of residence or if the owner be a non-resident, by leaving the notice with the person in whose possession said trees or fruit may be. The notice shall contain a simple statement of the facts as found to exist, with an order to eftectually uproot and destroy, by fire, or as the commissioner shall order, the tree so marked or designated, or such parts thereof within ten days, Sundays excepted, from the date of the service of the notice ; and in caee of trees known as nursery stock, or fruit so infected, such notice shall require the person in whose possession or control it is found to immediately destroy the same, or cause it to be done, said notice and order to be signed by the full board of commissioners. Sec. 5. Whenever any person shall refuse or neglect to comply with the order to remove and destroy the trees or parts of trees so designated and marked by the commissionsr as aforesaid, it shall become the duty of the commissioner to cause said trees or parts of trees to be removed and destroyed forthwith, emplo3'ing all necessary aid for that purpose. The expenses for such removal and destruction of trees to bo charged against the township, village or city; and for the purpose of such removal and destruction, the said commissioners, their agents and workmen, shall have the right and power to enter any and all premises within their township, village or city. Sec. G. If any owner neglects to uproot and destroy or cause to be removed and destroyed as aforesaid, such diseased trees or parts of trees or fruit, after such examination and notificatio'h, and within the time hereinbefore specified, such person shall be deemed guilty of misdemeanor, and punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding three months, or both, in the discretion of the courfc ; and any justice of the peace of the township or city where such trees may be, or where sueh n'ursery stock or fruit is sold, shipped, disposed of, or delivered as aforesaid, shall have jurisdictiou thereof. The words "parts of trees," wherever used in this act, sliull refer to black knot only, and not to trees affected with yellows. Sec. 7. Tlie coinniissioners shall be allowed for services under this act two dollars for each full day, and oue dollar for each half day, aud their other charges and disbursements hereunder, to be audited, as well as any other charges and disbursements under this act, by the township board, village or city council, all of whicfa costa, charges, expenses aud disbursements may be recovered by the township, village or city from the owner of said diseased fruit or nursery stock or from the owner of the premises on whicli said diseased trees stood, in action of assumpsit. Sec. 8. All of act number one hundred and fifty-eight of the public acts of eighteen hundred and ninety-one be and the same is hereby repealed. ïhis act is ordered to take immediate effect. Approved May 25, 1893.