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OFFICERS

OF THE

STATE HORTICULTURAL SOCIETY FOR 1891.

PRESIDENT-T. T. LYON, South Haven.

VICE-PRESIDENT-CHAS. W. GARFIELD, Grand Rapids.
SECRETARY-EDWY C. REID, Allegan.

TREASURER-S. M. PEARSALL, Grand Rapids.
LIBRARIAN-THOMAS H. FORSTER, Lansing.

EXECUTIVE BOARD.

CHAS. W. GARFIELD, Grand Rapids, 1
year.
CHAS. A. SESSIONS, Mears, 1 year.

L. R. TAFT, Agricultural College, 2 years. L. W. WATKINS, Manchester, 2 years. R. MORRILL, Benton Harbor, 3 years. C. J. MONROE, South Haven, 3 years.

STANDING COMMITTEES.

ON FRUIT CATALOGUE-T. T. LYON, South Haven, Chairman; 1st district, L. B. RICE, Port Huron; 2d district, E. H. SCOTT, Ann Arbor; 3d district, D. G. EDMISTON, Adrian; 4th district, W. A. BROWN, Benton Harbor; 5th district, GEO. C. MCCLATCHIE, Ludington.

ON NEW FRUITS-T. T. LYON, Chairman; C. A. SESSIONS, Mears; S. R. FULLER, Eaton Rapids; C. ENGEL, Paw Paw.

ON FINANCE-C. J. MONROE, R. MORRILL, C. W. GARFIELD.

ON ENTOMOLOGY-ALBERT J. COOK, Chairman.

ON VEGETABLE PHYSIOLOGY-L. R. TAFT, Chairman.

ON LANDSCAPE Gardening-JAMES SATTERLEE, Chairman.

ON VEGETABLE GARDEN-W. W. TRACY, Chairman.

ON FORESTRY-C. W. GARFIELD, Chairman, Grand Rapids; L. R. TAFT, Agricultural College; C. A. SESSIONS, Mears.

THE NEW YELLOWS LAW.

AN ACT to Prevent the Spread of Yellows, a Contagious Disease among Peach, Almond, Apricot, and Nectarine Trees, and to Provide Measures for the Eradication of the same, and to Repeal Act Thirtytwo of the Session Laws of Eighteen Hundred and Seventy-nine.

SECTION 1. The People of the State of Michigan enact, That it shall be unlawful for any person to keep any peach, almond, apricot, plum, prune, cherry, or nectarine tree, infected with the contagious diseases known as yellows or black-knot, or to offer for sale or shipment, or to sell or ship to others any of the fruit thereof; that both tree and fruit so infected shall be subject to destruction as a public nuisance as hereinafter provided, and no damage shall be awarded in any court in the state for entering upon premises and destroying such diseased trees or parts of trees and fruit if done in accordance with the provisions of this act; and 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 fruit or trees to be destroyed.

SEO. 2. In any township in this state in which such contagious disease exists, or in which there is good reason to think it exists, or danger may be justly apprehended of its introduction, as such information becomes known to the township board or any member thereof, it shall [be] by the duty of said board to appoint forthwith three competent freeholders of said township as commissioners, who shall hold office during the pleasure of said board, and such order of appointment and of revocation shall be entered at large upon the township records.

SEC. 3. It shall be the duty of said commissioners, within ten days after appointment as aforesaid, to file their acceptance of the same with the clerk of said township, and said clerk shall be ex officio clerk of said board of commissioners, and he shall keep a correct record of the 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.

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 or black-knot exists, or is supposed to exist, within the limits of their townships, 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 should be placed upon the trees and the owner 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 as found to exist, with an order to effectually uproot and destroy by fire, or as the commissioner shall order, the trees so marked and designated, or such parts thereof within ten days, Sunday excepted, from the date of the service of the notice; and in case 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 tree, or parts of trees so designated and marked by the commissioners as aforesaid, it shall become the duty of the commissioners to cause said tree 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, and for the purpose of said removal and destruction, the said commissioners, their agents, and workmen, shall have the right and power to enter upon any and all premises within their township.

SEC. 6. If any owner neglects to uproot and destroy, or cause to be removed and destroyed as aforesaid, such diseased tree or parts of trees or fruit, after such examination and notification, and within the time herein before specified, 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 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 "parts of trees," wherever used in this act shall refer to black-knot only and not to trees affected with yellows.

SEC. 7. The commissioners shall be allowed for services under this act, two dollars for each full day and one dollar for each half day, and their other charges and disbursments hereunder, to be audited as well as any other charges and disbursments under this act, by the township board all of which costs, charges, expenses, and disbursments, may be recovered by the township from the owner of said diseased fruit, or from the owner of the premises on which said diseased tree stood, in an action of assumpsit. SEC. 8. All of act number one hundred and seventy-four of the public acts of eighteen hundred and eighty-one, be and the same is hereby repealed.

This act is ordered to take immediate effect.

Approved June 23, 1891.

CONSTITUTION

OF THE

MICHIGAN STATE
STATE HORTICULTURAL SOCIETY.

ARTICLE I.-NAME, TERRITORY, AND OBJECTS.

The name of the society shall be the Michigan State Horticultural society; and its territory shall be the state of Michigan. Its objects shall be the development of an adequate appreciation of the peculiar adaptation of the soils and climate of the state to the pursuit of horticulture in all its branches; and the collection and dissemination of information bearing upon the theory and practice of the same, as well as upon the arts and sciences directly or indirectly associated therewith, or calculated to elevate or improve the practice thereof.

ARTICLE II.-OFFICERS AND MODE OF ELECTION.

The officers of the society shall be a president, a secretary, and a treasurer, together with an executive board of six members, aside from the president, secretary, and treasurer, who shall be ex officio members of the said board.

Said board shall designate one of its members as vice-president. The officers shall be elected by ballot.

ARTICLE III. —A QUORUM.

Four members of the executive board shall constitute a quorum for the transaction of business at any meeting of said board: Provided, That each of the members thereof shall have been notified, in the usual manner of the time, place, and object of such meeting.

ARTICLE IV.-ANNUAL MEETING AND ELECTION OF OFFICERS.

The annual meeting of the society, for the election of the officers specified in Article II, shall occur on the first Wednesday of December in each year, and the officers then elected shall enter upon the discharge of their duties as such, on the first day of January next ensuing; but in case of a failure to elect at that time, such election may be held at a subsequent time at an adjourned meeting, or at a meeting of the society called for that purpose, in the usual manner.

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