the same extent, as those that may be hereafter instituted and Further proviso. chartered under this act: Provided further, That in case the corporators, or persons associating in the first instance, shall by death, resignation, or for other cause, under the rules of the grand lodge, become ineligible to act in such capacity, their successors may, from time to time, be appointed by the grand lodge.

Subordinate lodges may incorporate.

Articles, where filed.

Shall be body corporate.

Evidence of incorporation.

Proviso.

May erect lodge building.

SEC. 6. Any five or more persons, residents of this State, being members of a subordinate lodge of the Independent Order of Odd Fellow, having been duly chartered by the grand lodge, desirous to become incorporated, may make and execute articles of association, specifying as provided in section two of this act, and file a copy of the same with the clerk of the county in which such corporation shall be formed, which shal! be recorded by such clerk in a book to be kept in his office for that purpose; and thereupon the persons who shall have signed said articles of association, their associates and successors, shall be a body politic and corporate, by the name expressed in such articles of association, and by that name they and their successors shall have succession, and shall be persons in the law capable to purchase, hold, enjoy, grant, sell, give, lease and demise, real and personal estate; of suing and being sued, and may have a common seal, and change and alter the same at pleasure; and a certified copy of the record of such articles of association, under the seal of the county where the said record is kept, shall be received as prima facie evidence in all courts of this State of the existence and due incorporation of such corporation: Provided, Said corporation shall be limited to the powers and provisions of sections three and eleven of this act, regarding real and personal estate, and the proceeds thereof, under the rules and regulations of the grand lodge, and may elect or appoint from among its members such officers, under such name and style, as shall be in accordance with its constitution.

SEC. 7. Any corporation formed in pursuance of this act, may erect and own such suitable edifice, building or hall, as to such corporation shall seem proper, with convenient rooms for the meetings of the fraternity of Odd Fellows; and for May create capi- that purpose may create a capital stock of not more than fifty

tal stock.

May own cemetery.

How grand encampment, or

incorporated.

thousand dollars, to be divided into shares of not more than twenty-five dollars each; and any such corporation may take, purchase, hold and own such suitable lot or parcel of ground as may be convenient, for the purpose of a cemetery, and may make all lawful rules and regulations for the disposition of lots, and the burial of the dead therein, as to such corporation may seem proper.

SEC. 8. Any grand encampment or grand canton of the Incanton, may be dependent Order of Odd Fellows of the State of Michigan, and any subordinate encampment or canton thereof, having been duly chartered, may be incorporated in like manner as grand and subordinate lodges of the Independent Order of Odd Fel

lows, and enjoy the same powers, privileges and benefits under the provisions of this act.

to govern.

SEC. 9. All corporations, formed under this act, shall be Certain chapter subject to the provisions of chapter two hundred thirty of the Compiled Laws of eighteen hundred ninety-seven of this State, so far as the same may be applicable to corporations formed under this act; and the legislature may alter or amend this act at any time.

business office,

SEC. 10. The location of the business offices of the grand How location of lodge and grand encampment of the Independent Order of changed. Odd Fellows, or either of them, may be changed at any time, upon filing a written notice of such change in the office of the Secretary of State, within twenty days from the time of the change of such location.

erty, may be

SEC. 11. Any lodge or encampment of the Independent Amount of propOrder of Odd Fellows incorporated under the provisions of held, conveyed, this act, may receive, purchase, and hold in its corporate ca- mortgaged. pacity, real and personal estate, and the same or any part thereof, demise, convey, mortgage, use and dispose of at pleasure to the amount of two hundred thousand dollars; and may subscribe to the stock of any incorporated company, for May subscribe the purpose of erecting a suitable edifice, building or hall, with convenient rooms for the meetings and use of the fraternity of Odd Fellows.

This act is ordered to take immediate effect.
Approved May 3, 1905.

stock for lodge

[No. 91.]

AN ACT to prevent the importation from other states and the spread within this State, of dangerous insects and dangerously 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.

The People of the State of Michigan enact:

SECTION 1. It shall be unlawful for any person or persons, Infected trees, firm 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, rosette, or little peach, or any part of a tree infected with the diseases known as black knot or pear blight, or any tree, shrub, plant or vine infected with any other dangerously contagious disease, or infested with the San Jose scale, cankerworm or any other dangerously noxious insect pest. It shall Unlawful to sell also be unlawful for any person or persons, firm or corpora

infected trees.

State Inspector of Orchards, who to appoint.

May appoint deputies.

Salary or per

diem, who to fix.

Growers or dealers to have stock inspected.

tion knowingly, to sell or offer for sale, or to give away, any tree, shrub, plant, or vine, infected or infested with any dangerously infectious disease or noxious insect, or any fruit infected with peach yellows.

SEC. 2. The State Board of Agriculture shall, upon the passage of this act, appoint 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 inspectors as may be necessary, subject to the approval of the State Board of Agriculture. Said deputy inspectors shall act under the orders of, and shall perform such duties as may be directed by the State Inspector of Orchards and Nurseries. The salary, or per diem, of the State and deputy inspectors shall be fixed by the State Board of Agriculture.

SEC. 3. Any person or persons, firm or corporation, growing or offering for sale, in this State, any trees, shrubs, vines or plants, 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 for the inspection of said stock under the provisions of this act and for a license Amount of license for its sale. A license fee of five dollars shall be paid, and a

and bond.

No stock to be shipped without certificate of inspection.

Must furnish list of purchasers.

bond for one thousand dollars, with sureties satisfactory to said board, and conditioned 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, or a deputy inspector and has received a certificate as hereinafter provided. All growers or dealers in nursery stock, shall, upon demand file with the State Board 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 Inspector of Orchards and Nurseries and his deputies: Provided, That the provisions of this section shall not apply to persons engaged in fruit growing, who are not nurserymen, but desire to sell or exchange surplus small fruit Further proviso. plants of their own growing: Provided 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.

Proviso.

Dealers must secure license and certificate.

When license to be issued.

SEC. 4. No person or persons, firm or corporation, residents of another state, territory, province or country, 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 a license as provided for in section 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. SEC. 5. The State Board of Agriculture, shall, upon the receipt of the required fee and a satisfactory bond and cer

tificate of inspection, issue a license to each applicant, whether a resident of this State, or of another state, province, or country, permitting the sale of nursery stock by the holder, or by his accredited agents, for the period ending the thirty-first of July following the date upon which said license goes into effect.

of inspection

SEC. 6. It shall be the duty of the State Inspector of State Inspector, Orchards and Nurseries to examine all nurseries in the State, duty of. at least once each year, for the presence of San Jose scale and other dangerously injurious insects and diseases. If found to be apparently free from such dangerous insects and When certificate diseases, a certificate to that effect shall be given the owner, given." upon the payment of an inspection fee sufficient to defray the per diem of the inspector. Said certificate shall be void on the thirty-first day of July following. In case any dangerous insect or infectious disease is found upon any nursery stock, the inspector shall order and enforce such treatment as may be deemed sufficient to exterminate such insects or diseases before granting a certificate. If a subsequent examination shall Certificate may show the stock to be infected, or infested, the certificate may be revoked.

be revoked.

place copy of

packages, etc.

penalty.

receive certificate

chased.

SEC. 7. Whenever a nurseryman or other person shall ship Nurserymen to or deliver within this State, except for scientific purposes, any certificate on trees, shrubs, plants or vines, commonly known as nursery stock, he shall place upon each car, box, bale or other package, a copy of a certificate of inspection, the original of which is signed by said inspector. Failure to do this, or the illegal When liable to 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 How dealers may nursery stock purchased from other firms may, upon filing for stock purwith the State Inspector of Orchards and Nurseries duplicate copies of 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 When nurserycertificate of inspection any stock that has come to them later under their own than the first day of the previous August accompanied by a certificate of inspection, and, if from another state, territory, province or country, by a certificate of fumigation as required by this act.

men may ship

certificate.

fumigated.

SEC. 8. If any nursery stock of species subject to the attack When stock to be of the San Jose scale, has been grown within one-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 hydrocyanic acid gas of the strength commonly used for such purpose, for not less than thirty minutes. All trees, plants, shrubs and vines, of species subject to the

Certificate attached to box or car, what to

state.

Duty of owner upon receipt of

are infected.

attack of the San Jose scale, shipped into this State from another state, territory, province or country, must 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.

SEC. 9. The owner of any nursery trees, vines, shrubs or notice that trees plants, upon receiving notice from the State Inspector of Orchards and Nurseries, 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 with the orders of the State Inspector of Orchards and Nurseries and he shall not ship or deliver any such trees, vines, shrubs or plants, until after they have received such treatment, and until they have been re-examined and a certificate of inspection has been granted.

Inspector to make complaint and seize stock.

SEC. 10. Whenever it shall happen that the State Inspector of Orchards and Nurseries shall give the notice heretofore required to the owner of nursery stock, for the destruction of the insects or diseases 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 shall enter complaint against said owner and may seize and take possession of said infected or infested nursery stock. Such seizure How seized stock may be made without a warrant. Said infected or infested nursery stock shall be disposed of in such manner as may be directed by the court before whom the offense is tried, or by any court of competent jurisdiction.

disposed of.

Stock from other states, to have

cate attached.

Railway companies, etc., to

SEC. 11. Whenever any trees, shrubs, plants or vines, comlabel and certifi- monly known as nursery stock are shipped into this State from another state, territory, province or country, every package thereof shall be plainly 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 package 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, report violation. 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 containing the same, the fact must be reported within twenty-four hours to the Michigan State Board 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 persons, who shall fail to comply with the provisions of this section, shall be deemed guilty of a misWhen inspector demeanor. The State Inspector of Orchards and Nurseries shall have authority, when he has reason to believe that nur

Misdemeanor,

what deemed.

may seize stock.