THISTLE BILL.

Hawke's Bay Weekly Times, Volume 1, Issue 82, 8 July 1867, Page 160

THISTLE BILL.

f gitt to prevent the growth and spread of noxious Thistles within certain portions of the Province cf Hawke’s Bay. gf it. (SWECtd! by the Superintendent, of the Province of Hawke’s Bay, with the advice and consent of the Provincial Council thereof as follows : 1. The short title of this Act shall be the Thistle Bill 1867. 1. The word “Thistle” in this Act shall mean, and, include “Carduus,” “Gnicus” “Onopordom,” “Arctium,” or the plant • commonly known- as the Australian Burdock., The term “ Notice shall mean,—(l.)ln the case where the ownership, of unoccupied land sought to tie 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.) —ln all-other cases, a written notice attested by a Justice of tne Peace left at the homestead, or . delivered to the occupier, or ostensible agent of manager of the land sought to be affected. 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 1 certain districts of the Province the; boundaries, of which are specified in the schedules- hereto, one month after-notification ofthe Governor’s assent thereto in the New Zealand Gazette. •

HI. If at time after this Act comes into operation, any owner or occupier of land withimeither of the said districts upon which land, or upon: the adjacent half.of any road or river-bed any; stembearing thistles are growing,- shall not, wthin.' tw enty-one' :.days'!after notice that any of; such thistles are upon : such; land, or upon 1 any such adjacent half of 'any road or river bed, signed by any owner or occupier of land within either i of such districts* eradicate, or destroy all of such-thistles then growing and 4 being upon’ such land, or upon.such adjacent half of theroad or river bed,.every such owner or occu ; pier being convicted thereof shall be liable to alpenalty not exceeding Ten Pounds, and such penalty- may be recovered and .the matter thereof heard and determined by one or more Justices of the Peacetina-sumnraryway. Pro vide.dv.also,thatit shall, balawful for any; such,Justice or. Justices, to suspend anyiconviction upon being satisfied that the person so recemng such notice has used and is ; using Reasonable-exertions to destroynsuch thistles. - i ! \ IV.:, If there, be no occupier of; any such .lands,. A then,notice .as,.aforesaid may tie given tiy advertisement, and every notice'so given stidU be deemed and taken to: be sufficient-notice to the owner ;of such?, land,: Pr ovided: that it slialj. not be spdiinqtice to specify the, name } of any person as owner of the land therein refer red,to and that any puch land;:shall he diahle'itb -any payment-ihieyond ?tho expensei.of. and occapioned by the, destructjion and era-; dficatioif .of the said thistles „ upon such; liand and' upon such adjacent lhati of itieroad4r river^bed;ab ; htreinaftbr provided, together with’ cost ofthe<tid•V stitill; for such space of tweafy-pnedays refiweß>r tiejfebt'lb tffe'ihistles pe pifiled in any such it gfrall aud

may be lawfulfor autlidrilecf in that behalf by any order tice ofttoe Peace,' id c destroy ana era-;' a:nd for itjialfpttrposisf with sufiicient assistants, toentariupon? anylandsiih respect r y :Bu<;h,l, 1 notice shall have, been given as aforesaid, and every such person shall be entitled torecoverfiom such'-owhfer Or occupier ; the : ' and attending such destruction* and eradication, such expenses td'bejfasessed and by one or mpre Justices of the 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 one or more such 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. 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 bo 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 a warrant of the Superintendent and at his discretion, by way of grants in aid to settlers upon whom may devolve the duty of destroying thistles upon roads and river beds.

SCHEDULES, No. 1.

•HEAHEK AND PAPAKURA DISTRICTS.

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 Btream to the northern boundary of the. Papakura (South Meanee) Block; following that boundary along the road until it strikes the Tutaekuvi river near the Little Bush; up that river to the Bedclyffe cutting, thence along the base of the hills to .the Ahuriri harbor, so as to inelude all the hat 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 in- , elude 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 Have‘tlock j following that boundary in a ; southerly direction to the south-east corner of Suburban Section -ll; 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'southwestern' boundary of thesaid town-' ship, to the' N.E. boundary of thePu- • kahu Block,and: thence along the N.E; boundary of that Block to the Ngaruroro river, and down that river to the starting- point. 1 And -for- five - chains beyond all the ..said defined boundaries which form straight lines, excluding. those expressed -by rivers and watercourses.' - ■; No. 3. - divi district.!

Including the Township of Clive, 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 cours* es. ' , w

No: 4*.

: . MOHAKA DISTRICT. Theßlock tci include : nearly ail the land t .i ~A purchased from ‘the Government.on the south bank of the Mohaka river^j

from the mouth of .the said; ...river* and following the sea coast in a southerly direction to ,tHe south-Vvest •■ r: boundaries of Blqck : lti; thence fol- . :.j v) r; lowing' doing the southern: boundaries of Blocks 1 > W 2 !, to }

the. Mohaka iriverj down along-the ; southboupdories - of the said .rryerio *

j. its moutlijlffif&mig the starting I : ci And.3fdrafiye «Hain¥:l»yphd'BU»thft v l Ki f saiir etraigfinmea, excluding those expres* «ed by rivew tad wstwoowiee.