Compensation of SEC. 7. The several commissioners shall be allowed for commissioners, service 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 well as any other charges and disbursements under this act by the township board, all of which costs, charges, expense and disbursements shall be recovered by the township from the owner of said infected or infested orchards or vineyards, [or] from the owner of the premises on which said trees or vines may be growing, in an action of assumpsit. The provisions of this act shall not apply to the contagious disease known as yellows. This act is ordered to take immediate effect. Unlawful for trees infected diseases. [ No. 109. ] AN ACT to prevent the spread of the contagious diseases known as yellows, black knot, peach rosette and pear blight among peach, plum, cherry, prune, almond, apricot, nectarine and pear trees or the fruit thereof by providing measures for the eradication of the same and to repeal act number one hundred twelve of the public acts of eighteen hundred ninety-three, approved May twenty-fifth, eighteen hundred ninety-three. SECTION 1. The People of the State of Michigan enact, persons to keep That it shall be unlawful for any person to keep any with contagious peach, almond, apricot, plum, prune, cherry, nectarine or pear tree infected with the contagious diseases known as yellows, black knot, peach rosette or pear blight or to offer for sale or shipment or to sell, or to ship any of the fruit thereof, except the fruit of the plum, cherry Trees and fruit and pear tree; that both tree and fruit so infected shall subject to destruction, be subject to destruction as public nuisances as hereinafter provided. No damages shall be awarded in any court in the State for entering upon the premises and destroying such diseased trees, or parts of trees, or fruit, if done in Duty of persons accordance with the provisions of this act. It shall be the duty of every person as soon as he becomes aware of the existence of such disease in any tree, parts of trees, or fruit owned by him, to forthwith destroy, or cause said trees or fruit to be destroyed. owning trees infected. Appointment of SEC. 2. In any township or city in this State in which commissioners, such contagious diseases exist or in which 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 board, or city council as soon as such information becomes known to either such board or council, or any member thereof, to appoint forthwith three competent freeholders of said township or city, as commissioners, to be known as yellows commissioners, who shall hold office during the pleasure of said board, or city council, and such order of appointment and of revocation shall be entered at large upon the township or city records: Provided, That the commissioners now appointed and in office shall continue in said office until their successors are appointed and qualified: Provided, That in case commissioners have already Proviso as to been appointed to prevent the spreading of bush, vine and former comfruit tree pests, such commissioners shall be ex officio commissioners under this act. missioners, SEC. 3. It shall be the duty of said commissioners, within To ale acceptten days after appointment as aforesaid, to file their accept- of township. ances of the same with the clerk of said township, or city, and said clerk shall be ex officio clerk of said board of Keep record commissioners and he shall keep a correct record of the proceedings. proceedings of said board in a book to be provided for the purpose, and shall file and preserve all papers pertaining to the duties and actions of said commissioners, or either of them, which shall be a part of the records of said township or city. to contagious SEC. 4. It shall be the duty of the commissioners, or Duty of commisany one of them, upon, or without complaint, whenever it stoners in regard comes to their notice that either of the diseases known as diseases. yellows, black knot, peach rosette or pear blight exist, or are supposed to exist within the limits of their township, village or city, to proceed 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 notified personally, or by a written notice left at his usual place of residence, or if the owner be a non-resident, by leaving the notice with the person in charge of the trees or fruit, or the person in whose possession said trees or fruit may be. The notice shall contain a simple statement of the facts Notice, what to as found to exist, with an order to effectually uproot and state. destroy, by fire, or as the commissioner shall order, the trees so marked or designated, or such parts thereof, within five days, Sundays excepted, from the date of the service of the notice, 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, or the commissioner may destroy the same. Said notice and order to be signed by one or more of the commissioners. interested to missioners that SEC. 5. In case any person who is interested in any In case persons tree or trees so ordered to be destroyed shall feel aggrieved serve written by such order and shall believe that such trees are not so notice on comdiseased, he may serve a written notice upon all of the trees are not commissioners in the township in which such trees are sit- diseased, uated, which notice shall specify the part of such order to which objection is made and the particular tree or trees included in such order which it is claimed are not 1897 122 May request to examine trees. When commis- revoke order for Commissioner to certain cases. so diseased and shall request an examination of such tree or trees by all of said commissioners, which notice shall be served personally upon each of said commissioners within the five days given for the destruction of said trees and it shall thereupon be the duty of all of said commissioners who have not already done so to personally examine such tree or trees as soon as practicable, and within said five days, and if a majority of all the commissioners shall agree that such tree or trees are so diseased, they shall order the same to be destroyed forthwith by the owner or custodian thereof, but if a majority shall decide that such tree or trees, or any of them, are not so diseased, they shall revoke the order of the commissioner to destroy the same so far as it relates to the trees so found to be free from disease, but this section shall not apply to fruit ordered to be destroyed. SEC. 6. Whenever any person shall refuse or neglect remove trees in to comply with the order to remove and destroy the trees or parts of trees so designated and marked by the commissioner as aforesaid, it shall become the duty of the commissioner to cause said trees or parts of trees to be removed and destroyed forthwith, employing all necessary aid for that purpose. The expenses for such removal and destruction of trees or parts of trees to be a charge against the township or city, and for the purpose of such removal [and] or destruction, the said commissioners, their agents and workmen, shall have the right and power to enter upon any and all premises within their township or city. Expense, how Refusal of owner misdemeanor. Penalty. SEC. 7. If any owner neglects to uproot and destroy or to remove trees a cause to be removed and destroyed as aforesaid, such diseased trees, or parts of trees or fruit, after such examination and notification, and within the time herein before specified, or any other person who shall sell or offer for sale such diseased fruit, such person shall be deemed guilty of a 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 court, and any justice of the peace of the township or city where such trees may be, or where such nursery stock or fruit is sold, shipped, disposed of, or delivered as aforesaid, shall have jurisdiction thereof. The words I parts of trees, wherever used in this act, shall refer to black knot and pear blight only, and not to trees affected with yellows. Compensation of 66 SEC. 8. The commissioners shall be allowed for services commissioners. 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 well as any other charges and disbursements under this act, by the township board or How charges to city council, all of which costs, charges, expenses and disbursements may be recovered by the township or city from the owner of said diseased fruit or nursery stock, or from the owner of the premises on which said diseased trees stood, be recovered, in action of assumpsit: Provided, Said owner has refused or neglected to remove said diseased fruit or nursery stock in compliance with the order of said commissioner or commissioners. SEC. 9. All of act number one hundred and twelve of Act repealed. the public acts of eighteen hundred and ninety-three be and the same is hereby repealed. This act is ordered to take immediate effect. [Approved May 4, 1895. [ No. 110. ] S 1897 264 AN ACT for the organization of corporate Methodist Episcopal churches. Episcopal SECTION 1. The People of the State of Michigan enact, Who may organThat it shall be lawful for any number of persons of full ze as Methodist age, not less than five, with the consent of the presiding church. elder of the district in which the proposed church is to be located, to organize and procure the incorporation of a Methodist Episcopal church. SEC. 2. The persons desiring to organize such church Manner of shall execute and acknowledge, before any person author- organization. ized to take acknowledgment of deeds, articles of association in writing, whereby they shall agree to organize a church which shall be governed by the discipline, rules and usages of the Methodist Episcopal church. To such articles of Articles of association there shall be attached a certificate by the presiding elder of the district in which said church is to be located, that said church was organized by and with the consent of said presiding elder. association. SEC. 3. Said articles of association shall contain the fol- what the arti lowing items: First, The name of said church; Second, The township, village or city, and the county in which said church shall be located; Third, An agreement to worship and labor together according to the discipline, rules and usages of the Methodist Episcopal church. Said articles may be in the following form: cles of association to contain, of association, We, the undersigned, desiring to become incorporated Form of articles under the provisions of act number of the public acts of eighteen hundred ninety-five, entitled "An act for the organization of corporate Methodist Episcopal churches," do hereby make, execute and adopt the following articles of association, to wit: First, The name assumed by this corporation, and by which it shall be known in law, is "The Methodist Episcopal church." of Second, The location of said church shall be in the ..... county of ...... and State of Michigan. Third, The members of said church shall worship and labor together according to the discipline, rules and usages of the Methodist Episcopal church in the United States of America, as from time to time authorized and declared by the general conference of said church, and the annual conference within whose bounds said corporation is situated. In witness whereof, we, the parties hereby associating, for the purpose of giving legal effect to these articles, hereunto sign our names and places of residences. Done at the ......of A. D. (Signatures.) county of .. (Residences.) and Articles to be recorded, STATE OF MICHIGAN, } "On this before me, a ally appeared 88. day of A. D. ... in and for said county, personknown to me to be the persons named in, and who executed the foregoing instrument, and severally acknowledged that they executed the same freely and for the intents and purposes therein mentioned. I, the. annual conference of the Methodist Episcopal church, the same being the district in which the church mentioned in the foregoing articles of association is to be, or is now, located, do hereby certify that such church was organized by and with my consent and concurrence. Dated at Mich., A. D. .... Presiding Elder. SEC. 4. Said articles of association, with the said certificate of the presiding elder attached thereto, shall be recorded in the office of the county clerk of the county wherein such church, or their place of worship, shall be located, such record to be made in a book provided by said clerk for that purpose; and such clerk shall be entitled to ten cents for each folio for recording the Body corporate, same. When said articles of association and said certificate shall have been recorded or left for record in the office of the said county clerk, the said persons so signing said articles of association, and their associates and fellow members of said church, and all who may thereafter become members of said church, according to the discipline, rules and usages of the Methodist Episcopal church, shall thereby become, and thenceforth be, a body politic, or corporation, by the name expressed in said articles of association, with all the powers, rights and. |