THISTLE ACT, 1867.

Hawke's Bay Herald, Volume 11, Issue 858, 16 July 1867, Page 3

THISTLE ACT, 1867.

(ab passed by the provincial councbo.) An Act to prevent the growth and spread of noxious Thistles within certain portions of the Province of Hawkers Bay. BE IT ENACTED by the Superintendent of the Proviuce of Hawke's Bay with the advice and consent of the Provincial- Council thereof as follows : I. The short title of this Act shall be the Thistle Act 1867. 11. The word "Thistle" in this Act shall mean and include " Carduus," " Cnicus," " Onopordom," "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 affected cannot be ascertained after enquiry at the Land Office and Land Registry Office in Napier ; or, where the owner is absent from the province, an advertisement inserted 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 aftected. The term " owner" shall mean the owner in fee simple. HI. This Act shall come into operation within any district in the province of Hawke's Bay upon requisition addressed to the Superintendent of two-thirds of the residents within such district, who shall be owners or occupiers of two-thirds of the land contained within such district, provided that any district sotight to be brought under the operation of this Act shall uot contain less than one thousand acres in one block. And provided further that this Act shall apply in the cases of the - five blocks described in the schedule hereto, upon the conditions contained in this clause being fulfilled. But that no other districts shall be brought under the operation of this Act until they shall be defined by Act of the Provincial Council. IV. If at any time after this Act comes into operation, any owner or occupier of land within any district coming within the operation of this Act, upon which land any stem-bearing thistles are growing, shall not, within fourteen days afterjnotice that any of such thistles are growing upon such land, signed by any owner? or occupier of land within such districts, : eradicate or destroy all of such thistles then growing and being upon such land,- 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 two or more Justices of the Peace in a summary way. A Provided, also, that it shall be lawful for such 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. V. If any occupier shall, for such space of fourteen days, refuse or neglect to destroy the plants specified in any such notice, it shall and may be lawful for any person authorized in that behalf by any order of any two Justices of the Peace, to destroy and eradicate the same, and for that purpose with sufficient assistants to enter, upon any lands in respect whereof any ?|Jj|h notice shall have been given as aforesaid, and every such person shall be entitled to recover from any occupier the expense of and attendant upon such destruction and eradication, such expenses to be assessed and allowed by two or more Justices of tbe Peace together with costs of the advertisement and the costs of suit by action or plaint in any court of competent jurisdiction, or by proceedings in a summary manner before suoh Justices ; 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. If there be no occupier of any such lands, then notice as aforesaid may be given by advertisement, and every notice so given , shall be deemed and taken to be sufficient notice to the owner of such land. Pro- ' vided 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 ' ■'''■' \ r the expense of and occasioned by the destruction and eradication of the said thistles upon -Bitch land, as hereinafter provided,

together with costs of the advertisement niid the cosfs of suit. VII. It shall be lawful for any person authorized in that behalf by such order of any -■* • tice of the Peace, without notice, to enter upon lands, save as herein exeepted, 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. . Yin. This Act shall come into operation in any of the districts included in either of the five blocks referred to in Clause 111, and described in the schedule, upon the issue of a proclamation by the Superintendent in tho Provincial Government Gazette, notifying that the Act is in force in such district. Provided that the Superintendent shall at once issue such proclamation upon the conditions provided by clause three being complied with. IX. 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 4 district contributing the same. The amounts so accruing to be expended, under warrant of the Superintendent and at his discretion, by way of grants-in-aid to settlers who may undertake the duty of destroying thistles upon adjacent roads and river beds. K. Nothing in this Act shall be construed as applying to waste . lands of the Crown or public reserves. SCHEDULES. No. 1. Meanee District. Starling at the Meanee Bridge, on the north bank of the Tutaekuri river ; following up that river to the Redcliffeutting ; thence along the base of the hills to the Ahuriri harbour, so as to include all the flat lands of the Meanee ; thence along the water's edge to the mouth of the Tutaekuri river ; up the north bank of the said river to tlie starting point. No. 2. South Meanee District. Starting at the mouth of the Totava Creek on the Waitangi (the S. W. boundary of the South Meanee Block) ; following up the • Totara Creek to the Pakowhai fence . forming the S.W. boundary of the South Meanee Block; along that fence to the Tutaekuri Wnimate ; up that stream to the northern boundary of the South Meanee Block; following that boundary along the road until it strikes the Tutaekuri river ; down that river to its junction with the road at Torr's stockyard ; down that road to where it strikes the bridge over the Waitangi Creek ; and up that creek to the starting point — the junction of the Waitangi and Totara Creeks. No. 3. Havelock District. Commencing at the Ngaruroro at the N.E. boundary of the Township of Havelock 5 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 Ngaruroro river, and down that river to the starting point. No. 4. Clive District, Including the Township of Clive, West Clive, and West Clive suburban land (the two latter forming the Hikutoto Block). No. 5. Mohaka District Starting from the mouth of the Mohaka 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 the said river to its mouth, forming the starting point.