Bills before Provincial Council.

Hawke's Bay Herald, Volume 11, Issue 855, 2 July 1867, Page 2

Bills before Provincial Council.

THISTLE BILL, 1867. A Bill to prevent the g?;q.wth and spread of noxious Thistles toithih certain portions of the Province of Hawhe's Bay. WHEREAS it is expedient, to make provision for preventing the growth and spread of nbxjpus Thistles within certain portions of tli^Prpyince of Hawke's Bay. .- • . ' Be it therefore enacted by the Superintendent of the Province of Hawke's Bay with the advice and consent of the Provincial Council thereof as follows ; 1. The Superintendent shall, by proclamation, declare this Act to come into operation within the boundaries specified in the schedule A hereto. 2. On application being made to the Superintendent by two-tbirds of the owners or occupiers of land in any agricultural district, he shall, by proclamation, declare that the Act shall come into operation within such district, and shall proclaim the boundaries of the same. Always provided that the operation of this Act shall extend to a distance of five chains beyond such proclaimed boundaries. 3. Every person who shall neglect to eradicate or destroy any noxious Thistles growing upon land in his occupation or owned by him, provided the said Thistles are bearing flower stems, after three days' notice in writing as hereinafter provided, shall on conviction be liable to be fined any sum not less than five shillings or more than thirty shillings for every day such Thistles shall be permitted to grow, such fine or fines to be recovered in a summary way. Provided it shall be lawful for the Resident Magistrate or Justices of the Peace, by whom such person is convicted, to suspend such conviction upon being satisfied that the person convicted has eradicated or destroyed the Thistles on such land, to the distance of -five chains from his outer boundary during the first year, and ten chains from the said outer boundary during the second year. 4. The owner or occupier of any land abutting on a road or river bed, who shall, after notice as aforesaid, permit the said Thistles to grow on the half of such road or river bed adjoining to his land, shall be liable to the like penalty as if he had suffered the said Thistles to grow on land in his tenure or possession. 5. It shall be lawful for any person, either on his own behalf or appointed by the Superintendent for that purpose, to serve a notice in the form marked B in the Schedule hereto or to the effect thereof, by delivering the same personally or leaving the same at the last known residence of the person occupying or owning the land whereon such Thistles shall be growing. 6. In case any person or persons shall neglect to eradicate or destroy any noxious Thistles growing upon land in his occupation or owned by him, it shall be lawful for any Inspector of Thistles to eradicate and destroy the said Thistles, and such Inspector of Thistles shall be entitled to recover from the person or persons owning or occupying the said land the costs charges and expenses of and incidental to the eradication and destruction of such Thistles. 7. In case such Thistles shall be growing upon unoccupied land the ownership of which cannot be discovered, or the owner whereof is not resident in ths Province, it shttlL-be-lftw#ul-fbr any Inspector to eradicate and destroy the same and all expenses incurred therein shall be defrayed by the Superintendent out of the Ordinary Revenue of the Province and recoverable by him from the owner of the said unoccupied land when he is discovered and resident in the Colony, or from the first occupant of the same. 8. It sbail be lawful for the Superintendent from time to time to appoint fit persons to be Inspectors of Thistles, and from time to time to remove the same and to appoint others in their stead. 9. It shall be lawful for the Superintendent to advance any sums of money out of any appropriation made for such purposes by the Provincial Council towords eradicating or destroying the said Thistles growing upon Waste Lands of the Crown, and public reserves within any proclaimed district. 10. It shall be lawful for any Inspector of Thistles to enter upon any land for the purpose of ascertaining the existence of such Thistles thereon, and eradicating or destroying the same, and no person when acting under such authority shall be deemed a trespasser. 11. That in the construction of this Ordinance the word " Thistle " shall mean and include ''Carduus" "Cnicus" "Onopordom" '" Arctium " or the plant commonly known as the Australian Burdock. 12. This Act shall be intituled and may be cited as "The Thistle Act 1867." SCHEDULE A. SCHEDULE B. SCHEDULE C.