The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1879-05-02

resident OF the country, anu IL sucu o"hot 10
non resident of such country, then by leaving
the same with the person in possession OF such
trees, requiring HIM within fifteen dsys, Sun
days excepted, from the date OF service OF
said notice, to effectually remove and destroy,
by fro or other means, the trees 80 marked,
and IN case Of 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.
SEC 7. II any person neglects to destroy, or
cause to be destroyed such diseased fruit, after
such examination and notification, but Sells
ships or disposes OF the ssmo to others, such
person shall be dee ned guilty OF a misdemeanor,
and punished by fine not exceeding one hun
dred 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 Of the township where such fruit is
sold shipped or disposed OF, as aforesaid, shall
have jurisdiction thereof.
SIC. s. Whenever any person shall refuse
or neglect to comply with the notice to remove
and destroy the trees marked by the com
missioner as aforesaid, it shall be the duty Of
SAID commissioner forthwith to notify the
other commissioners to assemble with himself
on the premises on which said trees shall be,
on the fifteenth day, Sundays excepted after
he shall have made service of such notice, and
then and there, personally to examine the
trees in question, and the evidence bearing
upon the existence of said disease, and If sad
commissioners or a majority OF them shall,
after representation OF the matter, de-
eide that said trees are infected with sad dis
ease, they shall, in case such trees 80 infected
60 not exceed six IL number, order the same
to be removed and destroyed forthwith or
cause it TO be done, employing all necessary
aid FOX that purpose, u the person in charge
thereof, refuses or neglects to do so, and in
case the trees found 70 be infected shall exceed
SIX in number, and the owner thereof shall
upon the service Of said notice, refuse or
neglect TO remove the same in accordance with
the provisions OF tue act and the terms OF
such notice, then and in that case said com
missioners shall petition the circuit court for
the county, for an order, directing and en-
powering said commissioners TO remove or
the court shall direct the defendant to be sum-
moned, and an issue joined therein, and the
cause to be tried in O summary manner, and
if it shall appear, on said trial, that SAID trees
are so infected, he shai! 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 pro-
ceeding With costs to be taxed against the
township IN which such commissioners reside.
SEC. 9. Every person who shall wilfully re-
fuse or neglect to comply with the notice Of
the commissioners, as herein before provided,
to remove and destroy said diseased trees,
shall be liable for all the costs, charges and
disbursements made upon the proceedings Of
said commissioners and OF the board OF COM
mIssioners to effect such removal and destruc-
ton, together with penalty of five dollars for
each and every day, but not exceeding one
hundred dollars IN all such trees as remain
undestroyed, which costs, charges. dsburse-
ments and penalty shall be recovered OF him in
au action OF trespass upon the case, in the
form OF assumpslt, brought and prosecuted by
the supervisor, in the name and for the benefit
OF the township, aud before any Justice of the
Peace therein, in the same manner and with
like proceedings as are applicable in civil cases
before such courts, and upon judgment being
rendered in favor OF said township, the said
Justice OF the Peace shall issue execution
against the defendant in said action, which
may be stayed, as in other cases, but when
collected he shall pay the amount thereof
forthwith, to the treasurer Of said township, to
the credit OF the general fund
SIC. 10. The form of the declaration in anv
suit instituted as aforesaid, may be as follows.
to-wit: In justice court, before A. b. justice
o. county--. the
township Oh, said county. COMPLAINS
OF {. d. in an action Of trespass upon the case
and says that Z. ID. justly owes the said town
ship - dollars, being the amount OF
expenses incurred by said township in the
removal and destruction OF trees infected with
the yellows, from designating the premises
with reasonable certainty, and the penalty
incurred by said G. d. for not removing and
destroying SAID trees pursuant to an act en-
titled "An act to prevent the spread of tho
yellows, contagious disease, among peach,
nectarine and other trees, and to extirpate the
same" wherefore the said township begins
suit. A. b., Supervisor.
SEC. IL. The commissioners shall be allowed
for the services under this act, two dollars for
each full day, and one dollar for each half day.
and their other charges and disbursements.
hereunder to be audited, as we'll as any other
charges and disbursements under this act. by
the township board.
SEC. IL. In all suits and prosecutions under
any Of the provisions of this act it shall he
necessary to prove that such trees or fruit
were diseased or infected.
SEC. Is. The act of local laws of Michigan