STATE OF MICHIGAN

LAWS RELATING TO

ORCHARDS AND VINEYARDS

COMPILED IN

DEPARTMENT OF AGRICULTURE

BY AUTHORITY

LANSING, MICHIGA'IN
WYNKOOP HALLENBECK CRAWFORD CO., STATE PRINTERS
1921

Se OMe oblate bs ONS y ae " ; “

1921
STATE OF MICHIGAN. Lous totale,

LAWS RELATING TO

ORCHARDS AND VINEYARDS

COMPILED IN

DEPARTMENT OF AGRICULTURE

BY AUTHORITY

LANSING, MICHIGAN
WYNKOOP HALLENBECK CRAWFORD CO., STATE PRINTERS
1921

FA

"LIBRARY OF CONGRESS
REGCIVED

Auu id Wer

DOCUMENTS DIVISION

~—--

a

Re MIL 727

LAWS RELATING TO ORCHARDS AND VINEYARDS.

AN ACT to authorize and regulate a county agricultural de-
partment. , (Aet 67, BP. A. 1918:)

§ 7854. Section 1. The People of the State of Mich- Appropria-
igan enact: The boards of supervisors of the several #°"*:
counties of this state are hereby authorized to appro-
priate from funds of their respective counties, or to assess
and cause to be spread upon the taxable property of their
respective counties, a sufficient sum of money to carry out
the purposes of this act: Provided, however, That there shall ee
not be so appropriated, raised or assessed in any county in’
any one year more than fifty cents on each one thousand dol-
lars or major portion thereof of the assessed valuation of
the real and personal property of such county, but in no case
to exceed two thousand dollars, in addition to the salary
mentioned in this act.

§ 7855. Sec. 2. Each of said boards of supervisors SO Farm com-
making such appropriation. oF assessment, shall also elect ey ee
one qualified person for each» county, ‘respectively, to be
known as farm commissioner, who shall hold his office for
two years and shall receive such annual salary as said board
of supervisors shall determine, not exceeding two thousand
dollars. 2

§ 7856. Sec. 3. The fund so appropriated shall be Farm develop-
known as the farm development fund, and the same may be ae
used to enable said commissioner to defray his actual ex-
penses, aside from salary, and carry out the purposes of this
act.

§ 7857. Sec. 4. The salary of such commissioner shall a how
be paid out of the general fund of such county, and as other ?
county salaries are paid.

§ 7858. Sec. 5. Such commissioner shall be a person not Qualifications.
less than twenty-five years of age, an experienced practical
man who, in the opinion of said board, is versed in all mat-
ters pertaining to farming pursuits, the growing of agricul-
tural products and fruits suitable in such county, and one
who is versed in the knowledge of soil fertility, rotation of
crops, fertilizers and fertilizing, and possessing a knowledge
of the kind of crops best adapted to the various soils and
conditions of such county.

§ 7859. Sec. 6. Such commissioner shall, before enter- Oath of office.
ing upon the duties of his office, execute the constitutional
oath of office and file same with the county clerk of such
county; and shall also before entering upon such duties exe-
cute and enter into a bond in a sum to be fixed by said board

STATE OF MICHIGAN.

Fund, how
raised, etc.

Expenditures,
account of,
etc.

Duties of

commissioner .

of supervisors, not less than one thousand dollars nor to ex-
ceed double the sum appropriated in the then current year,
said bond to be signed by at least two sureties and approved
by the county treasurer of the county, conditioned for the
faithful performance of his duties and the accounting of all
funds and moneys, material and apparatus coming into his
hands; which bond shall run to the board of supervisors of
such county and shall be filed in the office of the county
clerk thereof, and action may be brought thereon for viola-
tions of its conditions and provisions, the same as on other
county officers’ bonds running to said board.

§ 7860. Sec. 7. The fund created by this act shall be
raised and collected as are other taxes for county expenses,
and paid over to the county treasurer, and by him kept sepa-
rate from all other funds, and to be paid out only on the
order of said farm commissioner or transferred to the general
fund of such county as hereinafter specified.

§ 7861. Sec. 8. Such commissioner shall keep an ac-
curate account of all of the expenditures by him made from
such fund and of the orders drawn thereon, and he shall make
annual report of all such expenditures and orders drawn,
and of his doings and actions in full to the board of super-
visors of such county at each annual October meeting thereof.

§ 7862. Sec. 9. The duties of such commissioner in gen-
eral shall be as follows:

a. To be of every material benefit and assistance to the
farming and fruit interests of his county;

b. To render advice and instruction to the people of the
county who need help most, to make for successful cultiva-
tion and cropping of the soil for all products grown there-
from ;

ec. To contract with farmers and fruit growers through-
out the county for demonstration and experimental purposes
for acreage of ground and orchards or small fruits, to the
end that each farmer or fruit grower so contracted with will
fertilize, fit for crops, plant and sow to crops and care for
and harvest the same in accordance with the instruction and
direction of such commissioner, but without compensation ;
such farmer to have the crop grown thereon and to keep such
records and data concerning the same, as to the kind of seed
and fertilizer used, cultivation, rain fall on same, harvest,
care and yield of crop and other information as such com-
missioner shall require;

d. Such commissioner to so manage and keep records of
each tract that each may be such a demonstration and experi-
ment station in itself as to tend to bettering future condi-
tions;

e. To instruct as far as possible the inhabitants as to im-
portant farm questions relating to soil fertility, crop rota-
tion, fertilizers (crop and commercial), kinds of crops best
adapted to various soils, and in every way to raise and im-
prove the standard of farming and fruit growing;

LAWS RELATING TO ORCHARDS AND VINEYARDS.

f. To work in conjunction with the Michigan agricultural
college (Commissioner of Agriculture) or any governmental
or state aid that may be secured by federal or state appro-
priations for similar purposes;

g. To stimulate interest for more scientific farming and
fruit growing, and in every reasonable and practical way
raise the standard of farming and fruit growing in such
county:

§ 7863. Sec. 10. Said commissioner shall keep an office Office.
in such county, and there keep on file and for public examina-
tion in systematic form, records, data and results of the
various experiments and demonstrations in such a way as
to be of the greatest benefit to the public, and to turn over
to his successor in office all the records, files and documents,
fixtures, apparatus and material of his said office which shall
belong to the county.

§ 7864. Sec. 11. Such commissioner may enter into con- May contract
tracts with farmers and fruit growers in his name of office, Wit? fammers.
and sue them for violations thereof in his name of office, and
may employ such assistants as he deems necessary to carry
on the work outlined by this act to the best advantage: Pro- Proviso.
vided, however, That said commissioner shall devote substan-
tially his whole time to said work, and shall not expend por-
tions of such development fund for other assistants, except
when the same are necessary to carry out the purposes of
this act to the best advantage and benefit of the people.

§ 7865. See. 12. Such commissioner is authorized to Office fixtures
purchase such reasonable office fixtures and supplies and ceenee.
record books as are necessary to carry out the provisions of
this act, and is authorized to purchase such reasonable sup-
ply of apparatus and chemicals and material as is necessary
for him to test soils, fertilizers, spraying materials and seeds,
and carry on experiments; but he shall make no charge for
such testing nor for any other services performed under this
act, and he shall receive no other or further compensation
or fees than such as are prescribed by this act; Provided, Proviso.
however, That if such commissioner can procure adequate
tests of above materials, soils, etc., at the agricultural college
of the state, it shall be the intent of this act that he shall
so do, and only purchase material for or hire such tests made
as are necessary for adequate and efficient service in the work
of his said office.

§ 7866. Sec. 18. The board of supervisors of each Supervisors

: 2 : : may discon-
county having appropriated or raised funds under this act tinue office.
may discontinue the office, and discontinue the raising of
further funds thereunder by a resolution of such board
adopted by a majority of the members thereof: Provided, Proviso.
however, That such action shall not terminate the office or
salary of any commissioner elected thereunder until the ex-
piration of his term of office as provided herein: Provided, Further

further, That the said office shall not be terminated except by feferendum.

2

STATE OF MICHIGAN.

Funds, where
applicable.

Proviso.

Further
proviso.

Referendum.

Ballots.

Infected trees,

unlawful to
keep.

a referendum vote the same as is provided in section fifteen
for its adoption.

§ 7867. Sec. 14. No funds appropriated or raised under
this act shall be used for contribution to agricultural so-
cieties or any other purpose than that prescribed in this act:
Provided, however, That if such office and work should be dis-
continued by resolution of the board of supervisors, then in
that case all moneys remaining in such development fund
shall thereupon be by such county treasurer transferred to
the general fund of such county: And provided further, That
funds raised under the act may, by resolution of the board
of supervisors or by order of said farm commissioner, be ap-
propriated or used to comply with and in cooperation with
any state or governmental requirements for agricultural de-
velopment, demonstration or experimental work in each
county respectively.

§ 7868. Sec. 15. The provisions of this act shall not ap-
ply in any county of this state until the question of adopting
the same shall have been submitted to the qualified electors
thereof. Such question may be submitted either by resolu-
tion of the board of supervisors or upon petition, signed by
not less than five per cent of the qualified electors resident
in such county, addressed to said board. Upon receipt of
such petition it shall be the duty of the board of supervisors
to submit the question at the first general election held after
the meeting of the board at which the petition is presented,
or at a special election called for that purpose. Ballots for
the submission of such question shall be prepared and dis-
tributed by the same officers as are required by law to pre-
pare and distribute ballots for county elections, and the can-
vass and return of the vote thereon shall be the same as is
provided by law for the canvass and return, of the vote upon
county officers. If upon the canvass of the votes upon
such question it shall appear that a majority of the electors
voting thereon, are in favor of the adoption of the provisions
of this act in their respective counties, then this act shall be
in full force and effect in such county and not otherwise.

[See Act 13, P. A. 1921, page 5.]

AN ACT to prevent the importation from other states and
the spread within this state, of dangerous insects and dan-
gerously contagious diseases affecting trees, shrubs, vines,
plants and fruits, and to repeal all acts or part (parts) of
acts that contravene the provisions of this act.

(Act No. 91 P. A. 1905.)

§ 7411. Section 1. The People of the State of Michigan
enact: It shall be unlawful for any person or persons, firm

LAWS RELATING TO ORCHARDS AND VINEYARDS.

or corporation, knowingly, to keep upon their premises, or
upon premises under their control or charge, any trees or
fruit infected with the diseases known as peach yellows, ros-
ette, or little peach, or any part of the tree infected with the
diseases known as black knot, or pear blight, or any tree,
shrub, plant, vine or fruit infected with any other danger-
ously contagious disease, or infected with the San Jose scale,
canker-worm, or any other dangerously noxious insect pest.
It shall be unlawful for any person or persons, firm or cor-
poration knowingly, to sell or offer for sale or give away,
any tree, shrub, plant, vine or fruit infected or infested with
any dangerously infectious disease or noxious insect. For
the purposes of this act, the following terms shall be con-
strued respectively to mean:

(a) (Nursery stock.—Trees, shrubs, vines, fruit plants and
hardy herbaceous perennials; also cuttings, grafts, scions
and buds for purposes of propagation;

(b) Nursery.—A place where nursery stock is grown for
sale. .

(c) Nurseryman.—The owner or manager of a nursery,
who issues a catalogue, advertises, or in other ways makes
a business of selling nursery stock;

(d) Dealer in nursery stock.—A person’ who does not
grow, but who buys and sells nursery stock;

(e) Nursery agent.—The representative of a nurseryman
or dealer in nursery stock;

(f{) Persons.—Individuals, associations, partnerships and
corporations ;

(g) Words used in this act shall be construed to import
either the plural or singular, as the case demands.

[Am. by Act 241, P. A., 1921.]

§ 7412. Sec. 2. The State Board of Agriculture (Depart-
ment of Agriculture) shall, upon the passage of this act, ap-
point some competent person to be known as state inspector
of orchards and nurseries, who’ shall hold office for two years,
and whose duties shall be as hereinafter prescribed. He
shall have power to appoint such number of deputy inspec-
tors as may be necessary, subject to the approval of the State
Board of Agriculture (Department of Agriculture.) Said
deputy inspectors shall act under the orders of, and shall
perform such duties as may be directed by the state inspec-
tor of orchards and nurseries. The salary, or per diem, of
the state and deputy inspectors shall be fixed by the State
Board of Agriculture (Department of Agriculture.)

§ 7413. Section 3. Any person or persons, firm or corpora-
tion, growing or offering for sale, in this State, any trees,
shrubs, vines, fruit plants, hardy herbaceous perennials, also
cuttings, grafts, scions and buds for purposes of propagation,
commonly known as nursery stock, shall, on or before the
first day of August in each year, apply to the Michigan State
Board of Agriculture (Department of Agriculture) for the in-

Unlawful to
sell.

Terms
construed.

State in-
spector of
orchards, who
to appoint.

Deputies.

Salary oF
per diem.

Inspection of
stock.

License fee.

List of pur-
chasers, to
whom
furnished.

Proviso.

Dealers must
secure license
and certificate.

When license
to be issued.

State inspect-
or, duty of.

When certifi-
cate of inspec-
tion given.

STATE OF MICHIGAN.

spection of said stock under the provisions of this act, and for
a license for its sale. A license fee of five dollars shall be paid,
and a bond for one thousand dollars, with sureties satisfac-
tory to said board (Commissioner of Agriculture) and condi-
tioned upon the compliance with the requirements of this
act, shall be filed. No nursery stock shall be shipped or
delivered until it has been examined by the State Inspector
of Orchards and Nurseries (Commissioner of Agriculture)
of a deputy inspector, and has received a certificate as here-
inafter provided. All growers or dealers in nursery stock,
shall, upon demand, file with the State Board of Agriculture
(Commissioner of Agriculture) a list of the persons to whom
they have sold or delivered any nursery stock, giving the
species, which list shall be for the sole use of the State In-
spector of Orchards and Nurseries (Commissioner of Agri-
culture) and his deputies: Provided, That the provisions of
this section shall not apply to persons engaged in fruit grow-
ing, who are not nurserymen, but desire to sell or exchange
surplus small fruit plants of their own growing: Providing
further, That the provisions of this section shall not apply
to farmers or other persons who may sell shade trees from
their own wood lots.

[Am,. by Act 241, P. A., 1921.]

§ 7414. Sec. 4. No person or persons, firm or corpora-
tion, residents of another state, territory, province or coun-
try, shall engage or continue in the business of selling, or
taking orders within this state for the sale of any trees,
plants, shrubs or vines, commonly known as nursery stock,
without first obtaining from the State Board of Agriculture
(Department of Agriculture) a license as provided for in sec-
tion three of this act, and filing a certificate of inspection
from a state or government officer, or some person designated
by the Michigan State Board of Agriculture (Department of
Agriculture. )

§ 7415. Sec. 5. The State Board of Agriculture, (De-
partment of Agriculture) shall, upon the receipt of the re-
quired fee and a satisfactory bond and certificate of inspec-
tion, issue a license to each applicant, whether a resident of
this state, or of another state, province, or country, permit-
ting the sale of nursery stock by the holder, or by his ae-
credited agents, for the period ending the thirty-first of July
following the date upon which said license goes into effect.

§ 7416. Sec. 6. It shall be the duty of the State Inspec-
tor of Orchards and Nurseries (Commissioner of Agricul-
ture) to examine all nurseries in the state, at least once each
year, for the presence of San Jose scale and other dangerous-
ly injurious insects and diseases. If found to be apparently
free from such dangerous insects and diseases, a certificate
to that effect shall be given the owner, upon the payment of
an inspection fee sufficient to defray the per diem of the in-
spector. Said certificate shall be void on the thirty-first

LAWS RELATING TO ORCHARDS AND VINEYARDS. 9

day of July following. In case any dangerous insect or in-
fectious disease is found upon any nursery stock, the inspec-

tor shall order and enforce such treatment as may be deem-

ed sufficient to exterminate such insects or diseases before
granting a certificate. If a subsequent examination shall Certificate
show the stock to be infected, or infested, the certificate may 223.2%.
be revoked.

§ 7417. Sec. 7. Whenever a nurseryman or other person Nurserymen
shall ship or deliver within this state, except for scientific tf Pace copy
purposes, any trees, shrubs, plants or vines, commonly known 0” packages,
as nursery stock, he shall place upon each car, box, bale or —
other package, a copy of a certificate of inspection, the ori-
ginal of which is signed by said inspector. Failure to do this, When liable
or the illegal use of said certificate by changing, defacing, or °°"
placing it upon uninspected stock, or using the same after
it has expired, or been revoked, shall render the shipper or
owner liable to the penalties prescribed for a violation of this
act. Dealers in nursery stock purchased from other firms How dealers
may, upon filing with the State Inspector of Orchards and Cethseate tor
Nurseries (Commissioner of Agriculture) duplicate copies of stock pur-
the certificates of inspection issued upon the stock grown by
said firms, and on the payment of a fee of one dollar, receive
a certificate showing that the stock has been inspected. Said
certificate may be used for the shipment of nursery stock that
has come to them accompanied by a certificate of inspection,
but for no other. Nurserymen may ship under their own cer- When nursery-
tificate of inspection any stock that has come to them later tijerthee
than the first day of the previous August accompanied by a Own certifi-
certificate of imspection, and, if from another stave, territory,
province or country, by a certificate of fumigation as requir-
ed by this act.

§ 7418. Sec. 8. If any nursery stock of species subject to When stock to
the attack of the San Jose scale, has been grown within one- °° @™s@ted.
half mile of where the San Jose scale exists, or has been
known to exist within two years, it shall, before it is shipped
or delivered, be fumigated with hydrocyanie acid gas of the
strength commonly used for such purpose, for not less than
thirty minutes. All trees, plants, shrubs and vines, of species Continents at
subject to the attack of the San Jose scale, shipped into this or car, what.
state from another state, territory, province or country, must '° Ste
be fumigated with hydrocyanic acid gas in the usual manner,
and each car, box or bale, in which said nursery stock is
shipped, shall have upon it a certificate signed by the shipper
stating that such fumigation has been given in addition to
the usual certificate of inspection.

§ 7419. Sec. 9. The owner of any nursery trees, vines, Duty of owner
shrubs or plants, upon receiving notice from the State In- of notice that
spector of Orchards and Nurseries (Commissioner of Agri- frefspre'™
culture) and that any, or all of them, are infected or infested
with dangerous insects or diseases, shall, within the time
specified in such notice, take such steps as will fully comply

10

STATE OF MICHIGAN.

Inspector to
make com-
plaint and
seize stock.

How seized
stock dis-
posed of.

Stock from
other states

to have label
and certificate
attached.

Railway com-
panies, etc.,
to report
violation.

Misdemeanor,
what deemed.

When in-
spector may
seize stock.

Notice to
shippers.
How stock
disposed of.

with the orders of the State Inspector of Orchards and Nurs-
eries (Commissioner of Agriculture) and he shall not ship
or deliver any such trees, vines, shrubs or plants, until after
they have received such treatment, and until they shall have
been re-examined and a certificate of inspection has been
granted.

§ 7420. Sec. 10. Whenever it shall happen that the State
Inspector of Orchards and Nurseries (Commissioner of Agri-
culture) shall give the notice heretofore required to the owner
of nursery stock, for the destruction of the insects or dis-
eases mentioned, and said owner shall fail or neglect to take
the measures necessary for the destruction thereof, within the
time mentioned in the notice given him, the State Inspector
of Orchards and Nurseries (Commissioner of Agriculture)
shall enter complaint against said owner and may seize and
take possession of said infected or infested nursery stock.
Such seizure may be made without a warrant. Said infected
or infested nursery stock shall be disposed of in such man-
ner as may be directed by the court before whom the offense
is tried, or by any court of competent jurisdiction.

§ 7421. Sec. 11. Whenever any trees, shrubs, plants or
vines, commonly known as nursery stock are shipped into this
state from another state, territory, province or country, every
package thereof shall be painly labeled on the outside with
the names of the consignor and consignee, and the character
of the contents, and certificates shall be attached to each pack-
age showing that the contents have been inspected by a state
and government officer, and that they have been fumigated
in the usual manner with hydrocyanic acid gas. If any trees,
shrubs, vines or plants, commonly known as nursery stock,
are shipped into this state without such certificates being
plainly fixed on the outside of the package, box or car contain-
ing the same, the fact must be reported within twenty-four
hours to the Michigan State Board of Agriculture (Depart-
ment of Agriculture) or its regularly appointed inspector,
by the railway, express or steamboat company, or the person
or persons carrying the same; and any agent of a railway,
express or steamboat company, or any other person or per-
sons, who shall fail to comply with the provisions of this see-
tion, shall be deemed guilty of a misdemeanor. The State
Inspector of Orchards and Nurseries (Commissioner of Agri-
culture) shall have authority, when he has reason to believe
that nursery stock, that has been shipped into the state, or
shipped by some nursery in the state, is infested or infected
with dangerous insects and diseases, to examine the same and,
if found to be infected by any dangerously contagious disease,
or infested with dangerous insects, such stock may be seized
without a warrant as a public nuisance. The shippers shall
be notified of the seizure, and orders shall be given him to
either destroy the stock or to give it effectual treatment. If

-!

— ar es SS

LAWS RELATING TO ORCHARDS AND VINEYARDS. 11

thi§ is not done within five days, complaint shall be made to
some court having competent jurisdiction and said infected
or infested stock shall be disposed of in such manner as may
be directed by said court.

§ 7422. Sec. 12. it shall be the duty of the State Inspector Investigation
of Orchards and Nurseries (Commissioner of Agriculture), sues
whenever it shall come to his knowledge that San Jose scale,
canker worm, peach yellows, rosette, little peach, black knot,
or pear blight, or any other noxious insects or dangerously
infectious diseases exist, or are supposed to exist, in any
orchard, or upon any trees, shrubs, vines, plants or fruits in
this state, to investigate the case and if such dangerous in-
sects are found, he shall notify the owner, or his agent, in
writing. The notice shall consist of a simple statement of the Order to
facts as found to exist, with an order to uproot and destroy Beat
in such manner as may be indicated, all trees infected with
yellows, little peach, or rosette, or to cut off and burn the
portions infected with black knot and pear blight, or if at-
tacked by San Jose scale or canker worm, to effectually spray
the trees, or to use such remedies as may be prescribed for
other dangerous insects and diseases within five days, or
such time from the date of the service of the notice as may
be designated: Provided also, That no such spraying shall Proviso,
be done while said fruit trees or vines are in blossom, except gpa
in case of canker worm. In the case of fruit infected with
yellows, the notice shall require its immediate destruction.
Failure to comply with the requirements of said notice shall
render the owner or agent liable to the penalties prescribed
for the violation of this act. The State Inspector of Orchards Quarantine
and Nurseries (Commissioner of Agriculture) is hereby au- ae
thorized and empowered to prohibit by proclamation the im-
portation into this state of any tree, shrub or plant which
has been grown or propagated in any state, province or coun-
try, or in any place where it shall be determined by the said
state inspector of orchards and nurseries, (Commissioner of
Agriculture) after due investigation, that there exists and
is prevalent to a dangerous extent any plant disease or de-
structive insect which is liable to, or capable of spreading to,
and infecting the trees, shrubs and plants of this state, and
which may be carried and transported to and into this state
on or in trees, shrubs or plants there grown. It shall be the Notice to
duty of said Inspector of Orchards and Nurseries (Commis- companies.
sioner of Agriculture) upon the making and promulgation
by him of any such proclamation to forthwith mail a copy
thereof to each railroad company doing business in this
state, and to publish a copy thereof in a newspaper published Publication.
in the city of Detroit, in the city of Grand Rapids, and in
the city’ of Lansing, and any person, firm or corporation, or
common carrier which thereafter knowingly or intentionally
introduces or transports in this state any tree, shrub or plant
grown or propagated in the territory described in such pro-

12

May destroy
or return.

Certain
species.

Duty of town-
ship, village
and city
officers in
infected dis-
tricts.

To appoint
inspectors.

Proviso.

Inspectors,
duty of.

Clerk to keep
record of pro-
ceedings.

When in-
spectors to ex-
amine trees.

Mark placed
on infected
trees.

STATE OF MICHIGAN.

clamation shall be guilty of a misdemeanor. In case any
trees, shrubs or plants are brought into this state contrary
to the provisions of this act, the State Inspector of Nurseries
and Orchards (Commissioner of Agriculture) is hereby auth-
orized to destroy the same, unless they can be effectually
treated, or return the shipment to the consignor. In case
the injury inflicted by said dangerous plant disease or de-
structive insect is confined to certain species of trees, shrubs
and plants the quarantine imposed by said proclamation
may be limited to the species of trees, shrubs and plants like-
ly to be infested by such destructive insect, or infected by
such dangerous plant disease.

[Am. 1917, Act 187.]

§ 7423. Sec. 13. In any township, village or city in this
state in which the insects known as the San Jose scale, and
canker worm, or the diseases known as peach yellows, rosette,
little peach, black knot and pear blight, or any other destruc-
tive insects or dangerously infectious diseases exist, or in
which there is good reason to believe they exist, or danger
may be apprehended of their introduction, it shall be the duty
of the township board, or the village, or city council, as soon
as such information becomes known to such board or council,
or any member thereof to appoint three competent freehold-
ers of said township, village or city, to be known as fruit and
orchard inspectors, who shall hold office during the pleasure
of said board or council: Provided, That inspectors already
appointed and in office under similar and previous acts shall
continue in said office under this act until the expiration of
the term for which they were appointed.

§ 7424. Sec. 14. It shall be the duty of said inspectors,
within ten days after appointment, as aforesaid, to file their
acceptance of the same with the clerk of said township, vil-
lage or city, and said clerk shall be ex-officio clerk of said
board of fruit and orchard inspectors, and he shall keep a
record of the proceedings of said board in a book to be pro-
vided for the purpose and shall file and preserve all papers
pertaining to the duties and actions of said inspectors, or
either of them, which shall be a part of the records of said
township, village or city. .

§ 7425. Sec. 15. It shall be the duty of the township,
village or city inspectors, or any one of them, whenever it
comes to their notice that any of the dangerously injurious
insects or diseases, mentioned in section thirteen of this act,
exist, or are supposed to exist, within the limits of their
township, village, or city, to proceed without delay to examine
the trees, shrubs, vines, plants or fruits, supposed to be in-
fested or infected, and, if destructive insects or a dangerously
infectious disease is found to exist, a distinguishing mark

shall be placed upon the trees, shrubs, vines or plants, and

a written notice shall be served upon the owner, or his agent.

at

LAWS RELATING TO ORCHARDS AND VINEYARDS.

This notice shall be as provided for in section twelve of this
act. In case the owner refuses to accept the opinion of a
single inspector, regarding the nature of an insect or dis-
ease, or the remedy that shall be employed, he may, within
two days, appeal to the other inspectors in the township, vil-
lage or city, by serving a written notice of such appeal upon
each of them. Upon receipt of such notice of appeal, it shall
be the duty of each and every inspector, if he has not already
done so, to examine the trees, shrubs, plants or vines, sup-
posed to be infested or infected, and if all or a majority of
said inspectors agree that -a dangerous insect or disease is
present, they shall serve notice upon the owner or his agent
as above. If the decision of the full board of inspectors is
still unsatisfactory to the person in charge, he may, within
twenty-four hours, make an appeal to the State Inspector of
Orchards and Nurseries (Commissioner of Agriculture), who
shall at once investigate the matter and order the proper
_ treatment, and his opinion and orders shall be final. If the
members of a township, village or city board of fruit and
tree inspectors are unable to agree, or are in doubt, regard-
_ ing the nature of an insect or disease, or the treatment that
should be given, they may call upon the State Inspector of
Orchards and Nurseries (Commissioner of Agriculture) for
information and advice. In cases where an owner appeals to
the full board of township, village or city inspectors, or to
the State Inspector (Commissioner of Agriculture), and the
findings of the original inspector are approved, the expense
incurred as the result of the appeal shall be paid by the owner,
and, in case of his refusal to do so, the amount shall be certi-
fied to the township board, or village or city council, which
shall allow the same and assess it as a special tax upon the
property.

§ 7426. Sec. 16. In case the owner, or the person in charge
of trees, shrubs, vines, or plants, infested with a destructive
insect, or a dangerously contagious disease, refuses or neg-
lects to carry out the orders of the State Inspector (Commis-
sioner of Agriculture), or of the township, village, and city
inspectors, within the period stated in the notice served upon
him, the state, township, village, or city inspectors, respective-
ly, shall employ such aid as may be necessary to carry out
their orders and recommendations. In case the owner refuses
to reimburse them for the expense incurred, it shall be certi-
fied to the township board, or village, or city council, who
shall allow it, and spread it as a special tax upon the property
concerned.

§7427.. Sec. 17. The State Inspector of orchards and
nurseries (Commissioner of Agriculture) and his deputies,
assistants and employes, shall have authority to enter upon
any premises in the state for the purpose of examining
the trees, shrubs, plants and vines, for the presence of
destructive insects and diseases, and, if any such insects

13

How owner
may appeal
from opinion
of inspector.

Duty of in-
spectors upon
appeal.

When owner
may appeal to
state in-
spector.

Inspectors
may obtain
advice from
state in-
spector.

When owner
to pay ex-
pense of
appeal.

How orders of
inspectors
made effect-
ive.

Expense,
levied as
special tax.

State in-
spector, etc.,
may enter any
premises.

14

STATE OF MICHIGAN.

Authority of
township, etc.,
inspectors.

No damage
awarded for
destruction of
trees.

Proviso.

Inspectors,
salary of.

Who not re-
quired to take
license.

Proviso.

Penalty.

or diseases are found, may, under the provisions of this act,
take such steps as may be necessary to exterminate them.
Township, village and city inspectors shall have the same au-
thority within the limits of their respective jurisdiction.
No damage shall be awarded for the destruction of any tree,
shrub, plant or fruit, or for injury to the same, if done by
the inspectors and their assistants in accordance with the
provisions of this act: Provided, It is deemed necessary in
order to suppress dangerous insects and diseases,

§ 7428. Sec. 18. The township, village and city fruit and
tree inspectors shall be allowed for services under this act
three dollars for each full day and one dollar fifty cents for
each half day, and their per diem and other charges and dis-
bursements hereunder shall be audited by the township
board or village or city council.

§ 7429. Sec. 19. Persons, firms or corporations engaged
in growing or selling plants commonly grown in greenhouses
shall not be required to take out a license: Provided, They
do not grow or handle nursery stock, and certificates of in-
spection are not required under this act for the shipment of
greenhouse plants.

§ 7430. Sec. 20. Any person or persons, firm or corpora-
tion, who may fail to comply with any of the provisions of
this act, shall be deemed guilty of a misdemeanor and shall
be punished by a fine of not less than ten dollars and not
exceeding one hundred dollars, or by imprisonment in the
county jail for not less than ten nor more than ninety days or
both such fine and imprisonment, in the discretion of the
court, and jurisdiction of the court, and jursdiction is here-
by conferred in these cases upon any justice of the peace, or
other competent court, of the township, village, or city, where
such trees, shrubs or plants may be, or where such nursery
stock or fruit is grown, sold, shipped, disposed of, or deliver-
ed, contrary to the provisions of this act. In all cases where
a complaint is made under the provisions of any section of
this act, by any State, township, village or city inspector, said
complainant shall not be required to furnish security for costs.
In construing and enforcing the provisions of this act, the act,
omission or failure of any official, agent or other person act-
ing for or employed by an association, partnership or @or-
poration within the scope of his employment or office shall, in
every case, also be deemed the act, omission or failure of such
association, partnership or corporation, as well as that of the
person.

[Am. 1917, Act 187.]
[Section 21 inoperative.]

LAWS RBLATING TO ORCHARDS AND VINEYARDS.

INSECTICIDES.
(Act 254, P. A. 1913.)

For preventing the manufacture, sale or transportation of
adulterated or misbranded Paris greens, lead arsenates,
and other insecticides, and also fungicides, and for regu-
lating traffic therein.

Section 1. The People of the State of Michigan enact:
It shall be unlawful for any person to manufacture, sell, of-
fer or expose for sale within the State of Michigan any insec-
ticide, Paris green, lead arsenate, or fungicide which is adul-
terated or misbranded within the meaning of this act; and
any person who shall violate any of the provisions of this act
shall be guilty of a misdemeanor and upon conviction there-
of shall be fined not to exceed two hundred dollars for the
first offense, and upon conviction for each subsequent offense
shall be fined not to exceed three hundred dollars, or sentenc-
ed to imprisonment in the county jail for a priod not exceed-
ing ninety days, or both in the discretion of the court.

Sec. 2. The State Board of Agriculture (Commissioner
of Agriculture) shall make uniform rules and regulations
for carrying out the provisions of this act, including the col-
lection and examinations of specimens of insecticides, Paris
green, lead arsenates, and fungicides manufactured or ofter-
ed for sale in the State of Michigan.

Sec. 3. The examination of specimens of insecticides,
Paris greens, lead arsenates and fungicides shall be made at
the Agricultural College (Department of Agriculture) by
such existing departments as may be directed by the State
Board of Agriculture (Commissioner of Agriculture) for
the purpose of determining from such examination whether
such articles are adulterated or misbranded within the
meaning of this act; and if it shall appear from any such
examination that any of such specimens are adulterated or
misbranded within the meaning of this act, the State Board
of Agriculture (Commissioner of Agriculture) shall cause
notice thereof to be given to the party from whom such
sample was obtained. Any party so notified shall be given
an opportunity to be heard, under such rules and regulations
as may be prescribed as aforesaid, and if it appears that
any of the provisions of this act have been violated by such
party, then the State Board of Agriculture (Commissioner of
Agriculture) shall at once certify the facts to the attorney
general, or prosecuting officer of the county in which the of-
fense is committed, with a copy of the results of the analysis
or the examination of such article duly authenticated by the
analyst or officer making such examination under the oath
of such officer. After judgment of the court, notice shall be
given by publication in such manner as may be prescribed
by the rules and regulations aforesaid.

Adulteration
unlawful.

Penalty.

Uniform
Tules, etc.

Examination
of specimens.

Hearing.

16

Prosecutions.

Terms
defined.

Adulterated
paris green
defined.

Proviso,
water.

Insecticides,
other than
Paris green.

STATE OF MICHIGAN

‘Sec. 4. It shall be the duty of the attorney general or
other prosecuting officer to whom the State Board of Agricul-
ture (Commissioner of Agriculture) shall report any viola-
tion of this act, to cause appropriate proceedings to be com-
menced and prosecuted in the proper courts of the State of
Michigan without delay, for the enforcement of the penalties
as in such case herein provided.

Sec. 5. The term “insecticide” as used in this act shall in-
clude any substance or mixture of substances intended to be
used for preventing, destroying, repelling or mitigating any
insects which may infest vegetation, man or animals, or
households, or be present in any environment whatsoever.
The term “Paris green” as used in this act shall include the
product sold in commerce as Paris green and chemically
known as the aceto-arsenité of copper. The term “lead arsen-
ate” as used in this act shall include the product or products
sold in commerce as lead arsenate and consisting chemically
of products derived from arsenic acid (H,AsO,) by replacing
one or more hydrogen atoms by lead. The term “fungicide”
as used in this act shall include any substance or mixture of
substances intended to be used for preventing, destroying,
repelling, or mitigating any and all fungi that may infest
vegetation or be present in any environment whatsoever.

Sec. 6. For the purpose of this act an article shall be
deemed to be adulterated, in case of Paris green:

First, If it does not contain at least fifty percentum of
arsenious oxide;

Second, If it contains arsenic in water-soluble forms equiv-
alent to more than three and one-half percentum of arsenious
oxide;

Third, If any substance has been mixed and packed with it
so to reduce or lower or injuriously affect its quality or
strength.

In the case of lead arsenate:

First, If it contains more than fifty percentum of water;

Second, If it contains total arsenic equivalent to less than
twelve and one-half percentum arsenic oxide (As, O,;) ;

Third, If it contains arsenic in water-soluble forms equiva-
lent to more than seventy-five one hundredths percentum of
arsenic oxide (As, O;) ;

Fourth, If any substances have been mixed and packed
with it so as to reduuce, lower, or injuriously affect its qual-
ity or strength: Provided, however, That extra water may
be added to lead arsenate (as described in this paragraph)
if the resulting mixture is labeled lead arsenate and water,
the percentage of extra water being plainly and correctly
stated on the label.

In the case of insecticides or fungicides, other than Paris
green and lead arsenate:

First, If its strength or purity falls below the professed
standard or quality under which it is sold;

—_

LAWS RELATING TO ORCHARDS AND VINEYARDS.

Second, If any substance has been substituted wholly or in
part for the article;

Third, If any valuable constituent of the article has been
wholly or in part abstracted ;

Fourth, If it is intended for use on vegetation and shall
contain any substance or substances which, although prevent-
ing, destroying, repelling, or mitigating insects, shall be in-
jurious to such vegetation when used as recommended by the
manufacturer.

Sec. 7. The term “misbranded” as used herein shall apply
to all insecticides, Paris green, lead arsenates, or fungicides
or articles which enter into the composition of insecticides or
fungicides, the package or label of which shall bear any state-
ment, design, or device regarding such article or the ingred-
ients or substances contained therein which shall be false or
misleading in any particular, and to all insecticides, Paris
green, lead arsenates, or fungicides which are falsely branded
as to the state, territory, or country in which they are manu-
factured. For the purpose of this act an article shall be
deemed to be misbranded, in the case of insecticides,

Paris greens, lead arsenates and fungicides:

First, If it be an imitation or offered for sale under the
name of another article;

Second, If it is labeled or branded so as to deceive or mis-
lead the purchaser, or if the contents of the packages as
originally put up shail be removed in whole or in part and
other contents shall have been placed in such packages ;

Third, If in package form, and the contents are stated in
terms of weight and measure, they are not plainly and cor-
rectly stated on the outside of the package; in this connec-
tion it is held to be permissible to state the average net
weight of the package.

In the case of insecticides (other than Paris green and lead
arsenates) and fungicides:

First, If it contains arsenic in any of its combinations or in

the elemental form and the total amount of arsenic present
(expressed as per centum or metallic arsenic) is not stated
on the label;

Second, If it contains arsenic in any of its combinations
or in the elemental form and the amount of arsenic in water-
soluble forms (expressed as percentum or metallic arsenic)
is not stated on the label;

Third, If it does not state plainly upon the label the cor-
rect names and percentage amounts of each and every in-
eredient of the insecticide or fungicide having insecticidal or
fungicidal properties and the total percentage of inert in-
gredients present.

Sec. 8. No dealer shall be prosecuted under the provisions
of this act when he can establish a guaranty signed by the
wholesaler, jobber, manufacturer, or other party residing in
the State of Michigan from whom he purchased such articles,
to the effect that the same is not adulterated or misbranded

17

False branding
defined.

Guaranty.

18

STATE OF MICHIGAN.

‘*Person”
defined.

Expense,
how paid.

Act repealed.

Penalties for
trespass.

Further
penalties.

within the meaning of this act, designating it. Said guar-
anty, to afford protection, shall contain the name and ad-
dress of the party or parties making the sale of such articles
to such dealer, and in such case, said party or parties shall
be amendable to the prosecutions, fines, and other penalties
which would attach in due course to the dealer under this
act.

Sec. 9. The word “person” as used in this act, shall be
construed to import both the plural and the singular, as the
case demands, and shall include corporations, companies, so-
cieties, and associations. When construing and enforcing
the provisions of this act, the act, omission, or failure of any
officer, agent or other person acting for or employed by any
corporation, company, society or association, within the
scope of his employment or office shall in every case be also
deemed to be the act, omission, or failure of such corporation,
company, society, or association as well as that of the other
person.

Sec. 10. The necessary expense incurred in carrying out
the provisions of this act, shall be paid by warrant of the
auditor general drawn upon the state treasurer. Such ex-

penses shall be certified to the auditor general by the State

Board of Agriculture (Commissioner of Agriculture) but
the total amount to be paid in any one fiscal year shall not
exceed five hundred dollars.

Sec. 11. Act number ninety-one and act number one hun-
dred sixty-three of the Public Acts of nineteen hundred nine,
and all acts er parts of acts in conflict with the provisions of
this act, are hereby repealed.

AN ACT to prevent trespass upon cranberry marshes.

(Act 38, S. L. 1869.)

§ 15409. Section 1. The People of the State of Michigan

enact, That if any person shall enter the premises of any
other person, and take and carry away cranberries or cran-
berry vines there growing, shall tr ample or otherwise injure
or destroy the cranberry vines growing thereon, without the
permission of the owner or occupant of said premises, such
person shall be deemed guilty of a misdemeanor, and on con-
viction thereof, shall be punished by imprisonment in the
county jail not less than five days, or by fine not less than
five dollars, and costs of prosecution, or both such fine and
imprisonment, in the discretion of the court; and if any of
the offenses mentioned in this section shall be committed on
the first day of the week, or in disguise, or secretly in the
night-time, between sun-setting and sun-rising, on conviction
thereof the punishment shall not be less than twenty dollars

‘LAWS RELATING TO ORCHARDS AND VINEYARDS.

fine, or imprisonment in the county jail not less than ten
days, or both, at discretion of the court.

§15410. Sec. 2. Any person who shall commit any of the
acts of trespass in section one of this act, shall be liable in
treble damages, in an action of trespass to be brought in the
name of the owner or occupant of the land upon which said
trespass may have been committed.

AN ACT to prevent trespass upon huckleberry and black-
berry marshes and to provide a penalty therefor, and to
provide for the collection of damages growing out of such
trespass.

(Act 261, P. A. 1909.)

§ 15412. Section 1 The People of the State of Michigan
enact, If any person shall enter the enclosed premises of
another person and take and carry away from any huckle-
berry marsh or lands growing blackberries, huckleberries or
blackberries there growing, or shall trample, break down or
otherwise destroy the huckleberry or blackberry bushes grow-
ing thereon, without the permission of the owner or occupant
of such premises: Provided, That such owner or occupant
shall have previously posted a conspicuous notice in at least
three different places upon the premises forbidding any tres-
pass thereon, such person shall be deemed ouilty of a mis-
demeanor, and on conviction thereof, shall be punished by
imprisonment in the county jail not less than five days nor
more than fifteen days, or by a fine of not less than five dol-
lars nor more than twenty-five dollars and the costs of prose-
cution, or both such fine and imprisonment in the discretion
of the court.

§15412a. Sec. 2. Any person who shall commit any of
the acts of trespass mentioned in section one of this act, shall
be liable in treble damages in an action of trespass to be
brought in the name of the owner or occupant of the land
upon: which said trespass may have been committed.

AN ACT to protect vineyards, orchards and gardens, and to
repeal act number one hundred thirty-one, public acts of
eighteen hundred sixty-nine, entitled “An act to protect
vineyards in the state of Michigan,” being section nine
thousand one hundred and ninety-five of Howell’s Anno-
tated Statutes.

(Act 79, P. A. 1895.)

§ 15413. Section 1. The People of the State of Michigan
enact, That any person who shall enter a vineyard, orchard
or garden, without the consent of the owner, and pick, take,

Treble
damages.

Trespassing,
what deemed.

Proviso,
notice.

Penalty.

When liable
in treble
damages.

Penalty for
entering
viney ard,
orchard or
garden.

20

STATE OF MICHIGAN.

Wilful and
malicious in-
jury to fruit
or shade trees.

Wrongful
taking of fruit
trees, etc., how
punished.

carry away, destroy or injure any of the fruits, vegetables
or crops therein, or in anywise injure or destroy any bush,
tree, vine or plant, shall be guilty of a misdemeanor, and
on conviction thereof shall be punished by imprisonment in
the county jail not more than three months, or by fine not
less than one nor more than one hundred dollars, or by both
such fine and imprisonment, in the discretion of the court.

[Sec. 2 repeals Act 131 of 1869.]

AN ACT to prevent the wilful and malicious destruction of
fruit, shade or ornamental trees.

(Act 52, 8. L. 1853.)

§ 15415. Section 1. The People of the State of Michigan
enact, That every person who shall wilfully and maliciously,
or wantonly and without cause, cut down or destroy or other-
wise injure any fruit tree or trees, or any other tree or trees,
not his own, standing or growing for shade or ornament on
the land of another, the damage for which said cutting down,
destruction or injury to the owner or owners of said tree or
trees shall amount to the sum of twenty-five dollars, shall be
punished by imprisonment in the state prison not exceeding
five years, or by imprisonment in the county jail not exceed-
ing one year, or by fine not exceeding five hundred dollars, in
the discretion of the court.

AN ACT to prevent the wrongful taking, detaching from the
ground, or injuring any fruit tree, shade tree, ornamental
shrub, plant, vine or vegetable.

(Act 174, S. L. 1855.)

§ 15416. Section 1. The People of the State of Michigan
enact, That any person who shail wrongfully take and carry
away from any place, any fruit tree, ornamental tree, shade
tree, ornamental shrub, or any plant, vine, bush, or vegetable
there growing, standing, or being, with intent to deprive the
owner thereof, or who shall without right and with wrongful
intent, detach from the ground, or injure any fruit tree, orna-
mental tree, shade tree, ornamental shrub, or any plant, vine,
bush, or vegetable, shall be guilty of a misdemeanor, and on
conviction thereof be punished by imprisonment in the

LAWS RELATING TO ORCHARDS AND VINEYARDS.

county jail not more than six months, or by fine not exceed-
ing two hundred and fifty dollars, or by both such fine and
imprisonment, in the discretion of the court: Provided, That Proviso.
when the damage to the owner does not exceed the sum of

‘twenty-five dollars, the punishment shall be a fine not exceed-

ing one hundred dollars, or imprisonment in the said jail not
exceeding three months, or by both such fine and imprison-
ment, in the discretion of the court.

AN ACT to protect the growers and owners of certain medic-
inal plants and herbs, and to provide a penalty for the viola-
tion of the privisions thereof. (a)

(Act 74, P. A. 1905.)

§ 15411. Section 1. The People of the State of Mich- pistes who
igan enact: Any person, who shall without the permis-°""
sion of the owner enter the field, yard, building, garden
or other enclosure of another, and wilfully break down,
dig, destroy, take or carry away any ginseng or ginseng seed,
golden seal plants, golden seal roots, golden seal seeds or any
other medicinal plants, seeds or roots, there stored, growing,
drying or being, shall be guilty of a felony, and upon convic- Penalty.
tion thereof shall be punished by imprisonment not exceeding
six months, or by fine not exceeding five hundred dollars.

(Am. 1917, Act 360.)

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