[No. 141.]

AN ACT to amend act number two hundred twenty-seven of the public acts of nineteen hundred twenty-five, entitled "An act to provide for issuing and recording certificates of survivorship and of the termination of life estates", by adding a new section thereto to stand as section two.

The People of the State of Michigan enact:

amended.

SECTION 1. Act number two hundred twenty-seven of the Act public acts of nineteen hundred twenty-five, entitled "An act to provide for issuing and recording certificates of survivorship and of the termination of life estates", is hereby amended Section by adding a new section to be known as section two, said added section to read as follows:

added.

when issued.

SEC. 2. Whenever one joint tenant in any personal prop- Certificate, erty has died or may hereafter die leaving surviving his cotenant, the probate judge of the county of which the said deceased was a resident shall, upon application by duly verified petition of any person interested in such personal property and due proof of the facts, issue under the seal of such court, a certificate setting forth the fact of the death of such joint tenant, and other facts essential to a determination of the rights of the parties interested, which certificate or a certified Where copy thereof may be filed in the office of the township clerk of the township, or city clerk of the city, or city recorder of cities having no officer known as city clerk, where such personal property is located and also where the said deceased resided, and shall be prima facie evidence of the facts therein recited.

Approved May 11, 1927.

filled.

Short title.

Terms construed.

[No. 142.]

AN ACT to prevent the introduction into and the dissemination within this state of insect pests and plant diseases and to provide for their repression and control; to provide for license and to provide for inspection; imposing certain powers and duties on the commissioner of agriculture and providing penalties; and to repeal sections one, two, three, four, five, six, seven, eight, nine, ten, eleven and sections seventeen-a and nineteen of act number ninety-one of the public acts of nineteen hundred five, as the same is amended by act number one hundred eighty-seven of the public acts of nineteen hundred seventeen, and amended and added to by act number sixty of the public acts of nineteen hundred nineteen, and amended by act number two hundred forty-one of the public acts of nineteen hundred twenty-one, and further amended by act number two hundred seventynine of the public acts of nineteen hundred twenty-three.

The People of the State of Michigan enact:

SECTION 1. This act shall be known by the short title of "The Insect Pest and Plant Disease Act".

SEC. 2. For the purposes of this act, the following terms shall be construed, respectively, to mean:

(a) Insect pests-Insects injurious to plants and plant products.

(b) Plant diseases-Fungi bacteria and viruses, injurious to plants and plant products, and the pathological condition in plants and plant products caused by fungi, bacteria and viruses.

(c) Plants and plant products-Trees, shrubs, vines, fruit, forage and cereal plants and all other plants; cuttings, grafts, scions, buds and all other parts of plants; and fruit, vegetables, roots, bulbs, seeds, wood, lumber and all other plant products.

(d) Nursery stock-All trees, shrubs, vines and plants, either nursery-grown or wild, cuttings, grafts, scions, buds, fruit pits and hardy herbaceous perennials, peonies, iris, narcissus bulbs and roots; also other plants and plant products for, or capable of, propagation, excepting field, vegetable and flower seeds, bedding, plants, corns, and tubers. (e) Nursery-Any grounds or premises on or in which nursery stock is propagated and grown for sale.

(f) Nurseryman-Any person who owns, leases, manages or is in charge of a nursery.

(g) Plant grower-Any person who specializes in the growing of hardy herbaceous perennials, grape plants, or asparagus roots, and any party having small amounts of "heeled-in" nursery stock held over from the provious year. This does not include dealers in nursery stock.

(h) Native tree dealer-Any person digging, selling or offering for sale any native trees, shrubs, vines, or hardy perennials growing in wood lots or other forest lands.

(i) Landscape architect or landscape gardener-Any person making landscape plans, who uses wild trees, shrubs or vines, or who buys nursery stock directly or indirectly, or who negotiates in the purchase of same for his clients.

(j) Dealer in nursery stock-Any person, not a grower or an original producer of nursery stock in this state, who buys nursery stock for the purpose of reselling or reshipping independently of the control of any nurseryman.

(k) Agent-Any person selling nursery stock under the partial or full control of a nurseryman, or of a dealer or other agent. This term shall also apply to any person engaged with a nurseryman, dealer or agent in handling nursery stock on a cooperative basis.

(1) Places-Vessels, cars and other vehicles, buildings, docks, nurseries, orchards and other premises, where plants and plant products are grown, kept or handled.

(m) Property-Real estate, personal property and any thing or substance connected therewith, with or without value.

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

SEC. 3. The commissioner of agriculture or his deputies Authority to shall have authority to inspect any nursery, orchard, fruit inspect. or garden-plantation, field, park, cemetery, private premises, or public place, and any place which might become infested or infected with insect pests or diseases. He shall also have authority to inspect or to reinspect at any time or place any nursery stock shipped in or into the state, and to treat it as hereinafter provided. For the purpose of inspection and Access to carrying out the provisions of this act or any rule, regulation, nursery, etc. order or quarantine made or promulgated in pursuance of this act, the officers and employes of the department of agriculture shall have free access to any nursery, orchard, garden, field, packing ground, building, cellar, except cellar and rooms of private residences, freight or express office, warehouse, car or other vehicle, vessel, or other place where it may be necessary or desirable for them to go, or which it may be necessary for them to inspect or treat, in the performance of their duties. It shall be unlawful to deny such access to the officers and employes of the department of agriculture, or to offer any resistance to such officers and employes, or to thwart or hinder such inspection by misrepresenting or concealing facts or conditions, or otherwise.

SEC. 4. Any person desiring to sell or give away nursery Inspection stock in this state shall make application in writing before before sale. March first of each year to the commissioner of agriculture for the inspection of his nursery stock, growing in this state, or failing to give such notice, such person shall be liable for the additional expense of the inspector for the inspection of

Proviso.

Stock from foreign country.

Annual inspection.

the nursery stock: Provided, That such application shall be made under the true name of the nursery or dealer, as the case may be. If an assumed name is used, the proprietor's name and address must also appear on the application. This proviso shall also apply in all advertising or printed matter used or distributed.

SEC. 5. Every person receiving directly or indirectly any nursery stock from a foreign country shall notify the commissioner of agriculture of the arrival of such shipment, of the contents thereof, and of the name of the consignor, and shall hold such shipment in the original container until duly inspected or released by the commissioner of agriculture.

SEC. 6. It shall be the duty of the commissioner of agriculture to cause to be inspected at least once each year during the growing season all nurseries in the state of Michigan, to ascertain whether they are infested with injurious insect pests or infected with injurious plant diseases. If upon the inspection of any nursery as above provided it shall appear that such nursery and its premises are apparently free from Certificate of injurious insect pests and plant diseases, it shall be the duty of the commissioner of agriculture to give, or send, to the owner of each nursery or the person in charge of the same, upon payment of an inspection fee sufficient to defray the per diem of the inspector, a certificate executed by the commissioner of agriculture, setting forth the fact of such inspection. Such certificate shall be valid until the fifteenth day of September of the following year, unless sooner revoked.

inspection.

Greenhouses excepted.

Sale before inspection unlawful.

When nursery infected.

(a) The provisions of this section shall not apply to florists' greenhouse plants nor to flowers or cuttings commonly known as greenhouse stock. Plants grown under glass and sold for outdoor planting are not exempted.

(b) It shall be unlawful for any person to sell or to offer for sale or to remove or ship from a nursery or other premises any nursery stock until such stock has been officially inspected and a certificate or permit covering it has been granted by the commissioner of agriculture, except that nursery stock may be shipped to the commissioner of agriculture without such inspection and certification.

SEC. 7. If the commissioner of agriculture shall find that part of a nursery is infested or infected with insect pests or plant diseases, and that the remainder of it is not so infested er infected, or if he shall have reason to believe that a nursery is liable, by reason of its proximity to infested or infected premises, to become so infested or infected before the next annual inspection, he may prescribe in writing such measures of precaution, or may make in writing such conditions as to the use of his certificate, as may in his judgment be necessary and he may withhold a certificate until such conditions have been accepted in writing by the owner of said nursery; and the use of such certificate without taking such measures of precaution or observing such conditions shall

subject the owner of said nursery to the penalties prescribed for a violation of this act.

SEC. 8. If any nursery stock of species subject to the at- Fumigation. tack of the San Jose scale has been grown within one-half mile of where the San Jose scale exists, 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. If the owner requests he may do the fumigating himself, under the direction of the commissioner of agriculture and to his satisfaction, and no fee or charge shall be made. All tags certifying that stocks have been fumigated shall be issued by the commissioner of agriculture. All trees, plants, shrubs and vines, of species subject to the attack of the San Jose scale excepting conifers and herbaceous plants, 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. Any person growing or desiring to sell any nursery License to stock in this state shall, on or before the fifteenth day of sell. September in each year, apply to the commissioner of agriculture for a license for its sale.

(a) The annual nursery license fee shall be five dollars. Fees. (b) The annual license fee for plant growers shall be three dollars.

(c) The annual license fee for native tree dealers shall be five dollars.

(d) The annual license fee for landscape architects or landscape gardeners shall be five dollars.

(e) The annual license fee for dealers in nursery stock shall be five dollars.

and payable.

(f) All license fees provided for in this act shall become when due due and payable at the offices of the commissioner of agriculture on or before September fifteenth, nineteen hundred twenty-seven, and on or before the same date in each year thereafter: Provided, That the provisions of this section Proviso. shall not apply to persons engaged in fruit growing who are not nurserymen but desire to sell or exchange surplus small fruit plants of their own growing: Provided further, 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.

architect,

SEC. 10. Every landscape architect or landscape gardener Landscape and dealer in nursery stock within the meaning of this act, etc., to proengaged in the selling of nursery stock in this state, shall cure license. secure a license and certificate, first furnishing an affidavit that he will buy and sell only stock which has been duly inspected and certified by the commissioner of agriculture, or by an inspector approved by the commissioner of agriculture,