Page 2 Advertisements Column 1

Hawke's Bay Times, Volume XII, Issue 496, 29 July 1867, Page 2

gills. THISTLE BILL. (AS PARREL BY THE PROVINCIAL CDT7NCIZ.J Title. portions of the Province of Hawke's Bug. Preamble. e;C it CiliiCiCf) by the Superintendent of the Province of Hawke’s Bay with the advice and consent of tbs Provincial Council thereof as follows;— Short Title, I. The short title of this Act shall be the Thistle Act 18G7. Interpretation of certaifl words. II Ihe word “Thistle ”in this Act shall mean and include “ Carduus,” Cnicus,” “ OuojjorJum,” “Arctium,” or the plant commonly known as :he Australian Burdock. Too term “notice” shall mean, —(1.) In the rase where the ownership cf unoccupied land sought to be thereby afii cto.l cannot be ascertained after enquiry at the Land Cilice and Land Uegislry Ollice in Napier; or, where the owner is absent from the Province an .dvcrtiseineiu inserted for four successive weeks in a newspaper published in Napier. (2.J In ail 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 laud sought to he affected. The term “ owner,” shall mean owner in fee-simple. llow Act may be brought into operation. 111. This Act shall come into operation within any district in the Province of Hawke’s Hay upon requisition addressed to the Superintendent oi iwo-tnirds of the residents within such district, who shall he owners or occupiers of two-thirds of the land contained within such district, provided that any district sought to be brought under the operation cf this Act shall not contain less than one thousand acres in one block. And provided further

that this Act shall apply ia the cases of the five blocks described in the schedules 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. reunify for not eradicating thistles. Proviso. 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, ’-’•pen which land any stem-hearing thistles are growing, shall not, within fourwen days after notice that any of such thistles are growing upon such land, "igiicd 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 he liable to a penalty net exceeding Ten Bounds, and such penalty may be recovered and Uie matter thereof heard and determined by two or more Justices of the Peace in a summary way. Provided, also, that it shall be Icwhil lor any such Justices to su-omnd any comicti ai upon being salPhed that the person so receiving such notice has used ami is using reasonable exertions to destroy such thistles. Power to Justices of (ho Poaco (o nutlmrize finr person to eradicate Thistles where occupiers have neglected to do so. Saeii espouses how recoverable.

Y. If any occupier shall, for such space of .fourteen days, refuse or neglect to destroy the thistles specified in any such notice, it shall and way c lawful far any person authorised in that behalf by any order of any two iu-tiees of the Peace to destroy and eradicate the same, and for that purpose with swiicie-nt assistants to enter upon any lands in respect whereof any such w tice shall have been given as afmxsaid, ami every such person shall be en itl.-d to recover from any creepier the expense of and attendant upon such destruction and eradication, such expenses to be assessed and allowed by turn r more Jim ices of the Peace together with cjsls of the advertisement ano the cost cf suit by action or plaint in any count of competent jurisdiction, >c by proceedings in a summary manner before such Jr.-dices; ami which action, plaint, or proceeding- may bo commenced, instituted, had, and taken a the name ol the person so authorised, or by any person interested.

How to act i a case of tlicrc no occupier. I. If (here bo no occupier of any such lan.l?, then notice as aforesaid may be given by advertisement, and every notice so given shall be deeuieo and taken to be suiiicient notice to tire owner of such land. Pro- \ uied Unit 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 i "I- 0 that no owner of any suen land siia’i be liable to any payment beyond ; ;lic cxpoi.se of and occasioned by the distinction and era iicati'm of the" said ilnstles upon such land, as hereinafter provided, together with costs of tinmlvcrtiscuient and the costs of suit. Lawful for persons authorized by Justices of the Peace to proceed upon Land to ascertain if there are any thistles thereon. Proviso. 11. It shad bo lawful for any person authorised in that behalf by such eulor cl any Justice of the Peace, without notice 1 , to enter upon lauds, save as herein excepted, for the purpose of ascertaining if any thistles are theivoa, and no such pel sou shah be doomed a trespasser by reason ol such entry, or jljo liable Hr any damage thereby occasioned, unless the same was occasioned iby sucn person wilfully and without nect-s-.ity : Provided that no order shall gie given aaiiiorhiiig any person to enter into any gardens, orchards, or growing crops, fur ine purpose of such search. V.’lien Act shall ccr.ic into operation, III. This Act shall come into operation in any of the districts included in ritaer of the five blocks referred to in Clause HI, and described in the sCiiehine, * ssuu °t a proclamation by the Superintendent in the Pro \;:u'ial Government Gazette, notifying that the Act is in force in such district Provided tnat the Superintendent snail at once issue such proclamation upon lue conditions provided hy Clause Hi being complied with. Penalties pa.il into Provincial Treasury.—llovr expended. ' 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 me particular district contributing the same. The am a ants so accruing to be expended, under warrant of me Superintendent, and at Ins discretion, by way of grants in-aid to settlers who may untlertake me utuy of destroying thistles upon adjacent roads and river beds. Waste Lands of the Crown and Public Reserves excepted from the operation'of this Act. X. Koihicg in (his Act shall be construed as applying to Waste Lands of the Crown or Public Reserves. ' S