Unlawful for trees infected disease. subject to destruction. [ No. 112. ] AN ACT to prevent the spread of the contagious diseases known as yellows and black knot among peach, plum, cherry, prune, almond, apricot and nectarine trees, or the fruit thereof, by providing measures for the eradication of the same, and to repeal act number one hundred and fifty-eight of the public acts of eighteen hundred and ninety-one, entitled "An act to prevent the spread of the 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 thirty-two of the session laws of eighteen hundred and seventy-nine," approved April four, eighteen hundred seventy-nine. SECTION 1. The People of the State of Michigan enact, persons to keep That it shall be unlawful for any person to keep any peach, with contagious almond, apricot, plum, prune, cherry or nectarine tree, infected with the contagious disease known as the yellows or black knot, or to offer for sale or shipment, or to sell, or to ship any of the fruit thereof, except the fruit of the plum and Tree and fruit 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 upon the premises and destroying such diseased trees, or parts of trees or fruit, if done in accordance with the proDuty of persons visions 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, city or village in this State in commissioners, which 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 or village 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, village or city, as commissioners, who shall hold office during the pleasure of said board, village or city council, and such order of appointment and of 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 until their successors are appointed and qualified. Appointees to SEC. 3. It shall be the duty of said commissioners, within file accept ince. 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 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, Record of proceedings which shall be a part of the records of said township, village or city. to contagious SEC. 4. It shall be the duty of the commissioners, or any Duty of commis one of them, upon or without complaint, whenever it comes stoners in regard to their notice that either of the diseases known as yellows diseases. or black knot, or other contagious diseases 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 owner notified personally, or by a written notice left at his usual place of residence, or if the owner be a nonresident, 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, Sundays excepted, from the date of the service of the notice; and in [cases] 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. to remove trees SEC. 5. Whenever any person shall refuse or neglect to commissioners comply with the order to remove and destroy the tree or in certain cases. 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 How paid. trees or parts of trees, to be a charge 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 upon any and all premises within their township, village or city. a misdemeanor. SEC. 6. If any owner neglects to uproot and destroy, or Refusal of owner cause to be removed and destroyed as aforesaid, such dis- to remove trees eased 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 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 "parts of trees," wherever used in this act shall refer to the black knot only, and not to trees affected with the yellows. Compensation of SEC. 7. The commissioners shall be allowed for services under this act two dollars for each full day, and one dollar commissioners. 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, village or city council, all of which costs, charges, expenses and disHow charges to bursements 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 which said diseased trees stood, in action of assumpsit. be recovered. Act repealed. 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. This act is ordered to take immediate effect. Unlawful to use telephone or telegraph instruments or wires in certain manner. Penalty for violation. Prosecutions. [ No. 113. ] AN ACT to provide a penalty for malicious injury to or use of telegraph and telephone instruments and the unauthorized reading or copying messages therefrom. SECTION 1. The People of the State of Michigan enact, That whoever shall willfully and maliciously cut, break, tap, or make any connection with, or read, or copy, by the use of telegraph or telephone instruments, or otherwise, in any unauthorized manner, any message, either social or business, sporting, commercial or other news reports, from any telegraph or telephone line, wire or cable so unlawfully cut or tapped in this State; or make unauthorized use of the same, or who shall willfully and maliciously prevent, obstruct or delay by any means or contrivance whatsoever the sending, conveyance or delivery, in this State, of any authorized communication, sporting, commercial or other news reports, by or through any telegraph or telephone line, cable or wire under the control of any telegraph or telephone company doing business in this State, or who shall willfully and maliciously aid, agree with, employ, or conspire with any other person or persons to do any of the aforementioned unlawful acts shall be deemed guilty of a felony, and on conviction thereof shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the State prison for a period of not more than two years, or by both such fine and imprisonment in the discretion of the court. Prosecutions under this act shall be by indictment in any court having criminal jurisdiction. Approved May 25, 1893. [ No. 114. ] AN ACT to provide for a board of trustees for the management and control of the Michigan Industrial School for Boys and to repeal all acts in conflict with this act. Industrial School SECTION 1. The People of the State of Michigan enact, Management of That from and after the passage of this act, the supervision for Boys, and management of the Industrial School for Boys at Lansing, shall be vested in a board of trustees to consist of three members, to be appointed by the Governor, by and with the consent of the Senate, the members of which board shall Terms of office. hold their offices for the respective terms of two, four and six years from the first day of January, eighteen hundred ninety-three, and until their several successors are appointed and qualified, said respective terms to be designated in their several appointments, and thereafter there shall be one member of said board appointed every two years, for the term of six years as above provided. The members of said board To constitute shall constitute a body corporate under the name and style trustees. of the "Board of Trustees for the Industrial School for Boys," with the right of suing and being sued, of making Powers and and using a common seal and of altering it at pleasure, and of performing all acts and duties imposed by the laws of this State. board of duties. SEC. 2. In case of vacancy in said board of trustees from Vacancy. any cause, the Governor shall fill such vacancy by appointment to serve until the next session of the Senate. The Governor is made ex officio, a member of said board, and may remove any member of said board, for cause. organization. SEC. 3. Each of said board shall take and subscribe the oath of office. constitutional oath of office and file the same in the office of the Secretary of State. They shall meet on the call of Meeting and the Governor and organize by electing one of their number chairman, another secretary and another treasurer, who shall hold such offices for one year or until their successors are duly elected and qualified. When so organized they shall be Duules. entitled to receive all the books, property and effects of every kind and nature, belonging to said Industrial School for Boys from any and every other person or officer having the same in possession or control, and it shall be the duty of such other person, officer or board to turn over all such property, books, effects and belongings to said board of trustees upon demand, and in default shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment, or both in the discretion of any court of competent jurisdiction. When so seized and in possession of said Industrial School, and the property belonging thereto, said board of trustees shall have and exercise full and absolute control and management thereof, as provided by law, and may make such rules and regulations for the discipline and control of such Industrial School for Boys, appoint all such officers and servants as may be When board to meet to make settlement, etc. Compensation. Repealing clause. necessary and to remove the same for cause and do and perform all acts and duties provided and required by law, and necessary to carry out the purposes for which said board was created. SEC. 4. It shall be the duty of said board of trustees to meet monthly at such Industrial School for Boys and oftener if they shall deem necessary, to examine said institution, audit bills and perform such other duties as may from time to time be necessary in such management. They shall make settlements with all employés and others when necessary, and cause all reports, returns and inventories required by law to be made out, and shall biennially on or before the first day of December prior to the meeting of the Legislature, make a full report to the Governor, to be by him transmitted to the Legislature, of all the moneys received and expenditures made by said board, or their officers and employés, with all other matters and statements they may deem of interest to the executive or the Legislature. SEC. 5. The members of said board of trustees shall be allowed their necessary expenses incurred in the discharge of their official duties under this act, which shall be audited by the Board of State Auditors and paid by the State Treasurer out of the general fund of the State. They shall not be directly or indirectly interested in any contract made with such institution or furnish any supplies or draw any money or property therefrom while acting as such trustees. SEC. 6. All acts and parts of acts which conflict with the provisions of this act, are hereby repealed. This act is ordered to take immediate effect. Supervision of Trustees, terms of office. [ No. 115. ] AN ACT to provide for the government, management and control of the State Public School at Coldwater, and to repeal all acts or parts of acts inconsistent with this act. SECTION 1. The People of the State of Michigan enact, That the general supervision and government of the State Public School shall be vested in a board of control, to consist of three members, who shall serve without pay except for actual and necessary expenses incurred in the discharge of their official duties, which shall be audited by the Board of State Auditors and paid from the general fund, who shall be appointed by the Governor, by and with the advice and consent of the Senate, the members of which board shall hold their offices for the respective terms of two, four and six years, from the first day of January preceding their appointment, and until their successors shall be appointed |