THISTLE BILL, 1867.

Hawke's Bay Herald, Volume 11, Issue 856, 6 July 1867, Page 2

THISTLE BILL, 1867.

A Bill to prevent the growth and spread of noxious Thistles within certain portions of the Province of Haioke's Bay. BE IT ENACTED by the Superintendent of the Province, of Hawke's Bay with the advice and consent of the Provincial Council thereof as follows : ] . The short title of this Act shall be the Thistle Bill 1867. I. The word " Thiatle " in this Act shall mean and include "Carduus," "Cnicus," " Onopordorn," "Arctium," or the plant commonly known as the Australian Burdock. The term "notice" shall mean,— (1.) In the case where the ownership of unoccupied land sought to be thereby affeoted cannot be ascertained after enquiry at the Land Office and Land Registry Oflice in Napier ; or, where the owner is absent from the province, an advertisement inBerted for four successive weeks in a newspaper published in Napier. (2.) In all other cases, written notice attested by a Justice of the Peace left at the homestead, or delivered to the occupier, or ostensible agent, or manager of the land sought to be aSected. The term "occupier" shall mean the person occupying or residing upon the land ; the term " owner," in the case of unoccupied land, shall mean the owner in fee simple of the same. 11. This Act shall come into operation within certain districts of the province the boundaries of which are specified in 'the schedules hereto, one month after notification of the Governor's assent thereto in the New Zealand Gazette. 111. If at any time after this Act comes into operation, any owner or occupier of land within either of the said districts, upon which land, or upon the adjacent half of any road or river bed, any stem-bearing thistles are growing, shall not, within twenty one days after notice that any of such thistles are growing upon such land, or upon any such adjacent half of any road or river bed, signed by any owner or occupier of land within either of such districts, eradicate or destroy all of such thistles then growing and being upon such land, or upon such adjacent half of the road or river bed, every such owner or occupier being convicted thereof shall be liable to a penalty not exceeding Ten Pounds, and such penalty may be recovered and the matter thereof heard and determined by one or more Justices of the Peace in a summary way. Provided, also, that it shall be lawful for any such Justice or Justices to suspend any conviction upon being satisfied that the person so receiving such notice has used and is using reasonable exertions to destroy such thistles. IV. If there be no occupier of any such lands, then notice as aforesaid may be given by advertisement, nnd every notice so given shall be deemed and taken to be sufficient notice to the owner of such land. Provided that it shall not be necessary for such notice to specify the name of any person as owner of the land therein referred to, and provided, also, that no owner of any such land shall be liable to any payment beyond the expense of and occasioned by the destruction and eradication of the said thistles upon such land and upon such adjacent half Of the road or river bed, as hereinafter provided, together with costs of the advertisement and the costs of suit. V. If any such owner or occupier shall, for such space of twenty-one days, refuse or neglect to destroy the plants specified in tiny such notice, it shall and may be lawful for any person authorized in that

behalf by any order of any Justine of th Peace, to destroy and eradicate the same' and for that purpose with sufficient assistants to. enter upon any lands in respect whereof arty such notice shall have been given as aforesaid, and every such person shall be entitled to recover from such owner or occupier f the expense of and attending such destruction and eradication, such expenses to be 'assessed and allowed by one or more Justices of the Peace together with costs of the advertisement and the costs of suit by action or plaint in any courfcof competent jurisdiction, or by-pro-ceedings in a summary manner before one or more such Justices 5 and which action, plaint, or proceedings may be commenced, instituted, had, and taken in the name of the person so authorized, or by any person interested. VI. It shall be lawful for any person authorized in that behalf by such, order of any Justice of the Peace, without notice, to enter upon lands, save as herein excepted, for the purpose of ascertaining if any thistles are thereon, and no such person shall be deemed a trespasser by reason of such entry, or be liable for any damage thereby occasioned, unless the same was occasioned by such person wilfully and without necessity : Provided that no order shall be given authorizing any person to enter into any gardens, orchards, or growing crops, for the purpose of such search. VII. All penalties recoverable under this Act shall be paid into the Provincial Treasury, and placed by the Provincial Treasurer to the credit of a separate account for the particular district contributing the same. The amounts so accruing to be expended, under warrant of the Superintendent and at his discretion, by way of gran ts-in -aid to settlers upon whom may devolve the duty of destroying thistles upon roads and river beds. SCHEDULES. No. 1. Meanee and Papahura District. Starting at the mouth of the Waitotara on the Waitangi (the S.W. boundary of the Papakura Block) ; following up the Waitotara to the Pakowhai fence, along that fence to the Tutaekuri Waimate ; up that stream to the northern boundary of the Papakura (South Meanee) Block; following that boundary along the road until it strikes the Tutaekuri river near the Little Bush; up that river to the Redclyffe cutting, thence along the base of the hills to the Ahuriri harbour, so as to include all the flat lands of Meanee ; thence along the water's edge to the mouth of the Tutaekuri ; up that river to the point where it strikes the road ; thence along the road to the- Waitangi, and up that stream to the mouth of the Totara, the starting point, so as to include the whole of the South Meanee Block. And for five chains beyond all the said defined boundaries which form straight lines, excluding those expressed by rivers and water-courses. No. 2. Havelock District, Commencing at the Ngaruroro at the N.E. boundary of the Township of Havelock ; following that boundary in a southerly direction to the south-east corner of Suburban Section 11 ; thence along the southern boundary of Suburban Sections 11, 10, 9, 8, 7, 6, 5, 4, 3, 2, 1, 23, 22 and 21, to the south-western boundary of the said township, to the N.E. boundary of the Pukahu Block, and thence along the N.E. boundary of that Block to the N^aruroro river, and down that river to the starting point. And for five chains beyond all the said defined boundaries which form straight lines, excluding those expressed by rivers and water-courses. No. 3. Clive District. Including the Township of Olive, West Clive, and Western suburban land (the two latter forming the Hikutoto Block). And for five chains beyond all the said defined boundaries which form straight lines, excluding those expressed by rivers and water-courses. No. 4. Mohaha District. The Block to include nearly all the land purchased from the Government on the south bank of the Mohaka river ; starting from the mouth of the said river, and following the sea-coast in a southerly direction to the south-western boundaries of Block 16 ; thence following along the southern "boundaries of Blocks 16, 20, 18, 31, 27, 29, 21, to the Mohaka river; down along the south boundaries of the said river to its mouth, forming the starting point. And for five chains beyond all the said defined boundaries which form straight lines, excluding those expressed by rivers and watercourses.