FAILURE TO CLEAR NOXIOUS WEEDS.

Colonist, Volume LII, Issue 12738, 9 March 1910, Page 4

FAILURE TO CLEAR NOXIOUS WEEDS.

Henry Montagu Field was charged , on the information of Hugh Cleland, Inspector of Noxious Weedsywith having failed to clear land at Glen Duan of noxious weeds — blackberry — at the proper season of the year. Jar Hayes appeared for the defendant, who pleaded not guilty. Mr Hayes pointed out that defendant, in iiis summons, was charged with failing to clear fennel from . iiis land. Mr Cleland asked that tho word fennel be struck out, and bkckberry substituted. '" ' Mr Hayes objected on the grounds that the substitution of tho word blackberry for fennel would bo charging defendant with a new offence. The Magistrate said that it was the same offence, "viz., failure to clear noxious weeds. There waß no mistake in the information — it was tho summons that was wrong. Mr Hayes contended that there were two distinct offences — blackberry came under the compulsory clause, and fennel had to be declared by the local body. He had two witnesses to prove that there was no fenncFon the land. !The Magistrate said that the mistake was made by the Court and not by the Inspector. He was satisfied that the inclusion of the word fennel in" the summons was not fatal to the proceedings. Hugh Clelandj Inspector of Noxious Weeds, then gave evidence that blackberries were growing on def'en- j dant's land at Glen Duan. Defendant was given notice that- his section must be cleared by the 14th of February. He gave defendant notice on January 28th, and received a reply from the Wilkins and Field Co. that defendant was away, but they understood that the land would he cleared on his return. December was the proper time to clear blackberries. By Mr Hayes: He did not know that farmers generally cleared blackberries in . the Nelson ' district in March. After February 21st he met, Mr Alborough, who told him that he had to clear the blackberries f or Mr Fields— lie may have said it was too late. Mr Hayes submitted that he had no case to meet. There was no evidence to show that Mr Field was the occupier of the land. Tho Magistrate said there was, and Mr Hayes should have objected when plaintiff stated in evidence that Mr Field was the occupier. It now laid on defendant to show that he was not the occupier. , Mr Hayes said he was in some difficulty—if the case was adjourned they should be entitled to costs. | The Magistrate asked ,whob further I evidence would defendant come back with that ho had not got theii. Mr Hayes said he did not know, he was taken" by surprise, and he would ask for an adjournment. The Magistrate said that Mr Hayes would have to show that he was prejudiced before he would adjourn the case. Mr Hayes then called William Henry Alborough, farmer, of Suburban North, who stated thai; towards the end of February he had a conversation with the Inspector abwrt' the 'noxious weeds growing on Field's estate at Glen Duan. Witness told him that he was going to clear the weeds as soon as he had finished work at Wastney's. The Inspector said that it was too late, as he was going to summons Field. He had done one day's work on the Glen Duan cs 5 tato clearing blackberries. The noxious weeds were principally gorse and brambles— not what he called blackberries. The best time of year he considered for clearing blackberries was the end of March, wliett * lie growth was down. Blackberries were not ripe in. Wakapuaka until the « n d of February. Inspector Cleland, called by Mr Hayes, said that he ascertained that defendant was occupier of the land from the Deeds Office. The proper time to clear blackberries was the end of' December, before they came into flower. The defendant said that he did not know whether he was the occupier of section 41 — he occupied some sections at Glen Duan. Ho did not know the proper time of year for clearing blackberries. He authorised Mr Munson in January to get noxious weeds cleared from tho Glen Duan estate. The Magistrate held that it had' been proved that defendant had failed to' clear "blackberries from his land. Owing to the unfortunate mistake in the summons, be would only inflict the minimum penalty of 10s without costs.