THE RABBIT NUISANCE BILL.

New Zealand Times, Volume XXXIII, Issue 5446, 10 September 1878, Page 3

THE RABBIT NUISANCE BILL.

This Bill, as amended by a select committee of the Legislative Council, is as follows : The preamble states that it is expedient, to make provision for tho destruction of rabbits in New Zealand. The Babbit Nuisance Act? of 1876 and 1877 are repealed, but districts constituted under those Acts are to be districts under the new Act. Power is given ,to the. Governor i» Council to create districts for the purposesof the Act, and to alter or abolish them. For every district there are to be five trustees. Undischarged bankrupts, persons attainted of treason or convicted of felony, perjury, or any infamous crime, and persons of unsound mind, are incapable of being elected trustees. The piovisions for bringing the Act into force when a district is constituted are as follows : The Governor’ shall appoint a returning officer Jo hold-the first election of trustees, and shall appoint the day or days for such elections. The Governor shall appoint the day for the first meeting of the trustees/and shall have full power to do alf things of what kind soever necessary to provide for bringing this Act into operation in such district, according to the true intent and purpose of this Act ; and at Such first meeting every landowner in such district whose name appears on'any ratepayers’ list in such district as the owner of not less than one hundred acres shall beau elector, and entitled to one vote in the election of one trustee. Everylandownerinthe district is entitled to one vote. The trustees are toholdofficeuntllfcheappointmentof their successors ; but on the first Monday in March, 1880, and in each year afterwards, the electors of the district are to elect five persons to be trustees for the ensuing year. In case of failure to elect, or vacancies, the Governor may appoint. The trustees are Empowered to levy, in the first year after the coming into operation of the Act, a rate on all holdings of laudoWners of one halfpenny per acre, nod 5n each succeeding year may levy a rate not exceeding that amount. A ft Landowners' Li3b” is to be made yearly by the trustees, stating the quantity of land belonging to each landowner, which list, or a true copy, is to be deposited in some convenient place in the district for inspection without fee, and tho county and road board within the district must, on application of the trustees, furnish a list of all ratepayers in the district and tho extent of their holdings. The trustees are’ to give ten days’ notice of their intention tc make a rate/ 'and appoint a time and place at which they will sit and hear objections, and finally complete the list and levy the rate. In the case of pastoral tenants under the Crown whose leases expire within five years of the levying of, the rate the amount to be paid is to be oUo halfpf thorate. The trustees, or a majority of them, are to hear and determine all objections to list, and their decision is to bo final. Tho trustees are empowered to do all such acts and things as may appear to them- proper and necessary toibe done to insure the destruction of rabbits in the district, and for that purpose may, out of moneys received by them by virtue of this Act, offer rewards or bonuses for the destruction of such animals. If the trustees shall have reason to- behove' that there are rabbits .in a wild state upon any lands within the district, and that the owner or occupier of such lauds neglects-or refuse* to destroy the same,, the said trustees shall by notice in writing require him or his authorized agent ou his; behalf to do so ; and if after ten days such notice be neglected or not complied with, or no satisfactory evidence is> adduced that efficient steps are being taken* to carry out such notice, then it shall be lawful for any person or persona authorized in writing in that behalf by the.trustees to enter upon. .the i .said lands . and to use all such means, excluding poison, except with the •landowner’s consent, and take all such*mea'cures as may be necessary for taking or destroying inay bo found upon such lands/aud all such persons may take away rind remove from 'the said lauds tlia said;rabbits or any piirt thereof : Provided that nothing herein contained shall exempt any person acting in pursuance of the powers hereby conferred from any liability, for .damage occasioned by his wilful act or default. .It shall.be lawful for any person authorized- in writing in that . behalf by the

trustees, after, .having given .notice, to enter upon-any lands within - ; suchTclistiicfc; at“any reasonable hour in the daytime, ' whether enclosed or not, for the purpose of ascertaining if any rabbits are thereupon, aud no such person shall be deemed a trespasser by reason of such entry, or be liable for any damagethereby occ*sii»ned, unless trie same was occasioned by such person wilfully and without necessity : Provided that any person so authoriz d shall exhibit such written' authority if required to do'so, and if being. required he shall fail to.exhibit such authority, then'he shall be liable to be deemed and to be dealt with as a trespasser. 1 The trustees are - to appoint from amongst themselves a chairman and treasurer, and also a person as collector. The trustees are to meet and appoint a time and place for the payment of rates, which, if not so paid, .may without further notice bo recovered in any court of competent jurisdiction. Accounts are to be kept and be open for inspection. All moneys receive] are to bo paid into the bank. The accounts are to. be audited in January each year by nil auditor appointed by the Governor. A statement of accounts is to be annually prepared aud published. All. money received under tho authority of the Act is to be at tho solo aud absolute disposal of the trustees, to be applied by them.in tho destruction of rabbits, and generally in carrying but the provisions of the Act. Persons obstructing the trustees are liable to a penalty not exceeding £2O. All dogs kept by the trustees for the purpose of destroying rabbits are exempt from being taxed. Whenever under the provisions of this Act**the trustees, by themselves or their duly authorised agents, shall have entered upon lauds for the destruction of rabbits, which destruction has been neglected by the landowners of the same, the landowners having bo neglected shall be liable to the trustees for the • net co.-t incurred from time to time iu the process; tho amount so due may be recovered in any- court of. competent jurisdiction, aud realised by the sale, if necessary, of any sheep or cattle.depasturing on tho land. It shall he lawful for the Colonial Treasurer to issue nud pay, oat of moneys appropriated for that purpose by the General Assembly, to any person, for every rabbit skin exported from the colony by such person, the sum of one halfpenny per akin: Provided that such person shall first prove to the satisfaction of tho principal officer of Customs at the port where such skin is exported that the skin exported is that, of a rabbit taken or destroyed within a district constituted under the said Act or this Act.

In any part of the colony uot included within any district proclaimed under this Act it shall be lawful for any person authorized in writing in that behalf by a Resident Magistrate or two Justices of the Peace, at any reasonable hour of the daytime, to enter upon any land, whether enclosed or uot, after having given twenty-four hours’ notice to the owner or occupier thereof, for the purpose of ascertaining if there are rabbits in a wild state thereupon, and to use ail such mean*, excluding poison, except with the consent of the occupier, and to take all such measures as may be necessary for destroying any such rabbits as may bo found there; and auy such person may take away and remove from the said lauds the said rabbits or any part thereof, and no such person shall be deemed a trespasser by reason of such entry, or be liable for auy damage thereby occasioned unless the same was■ occadoned by such person wilfully aud without necessity *. Provided that any person so authorised shall exhibit such written authority if required to do so, and if, being so required, he shall fail to exhibit such authority, then he shall bo liable to be deemed and to-be dealt with a? a trespasser. If any person shall knowingly and’ wilfully liberate in any part of the colony auy live rabbit or rabbits, the person so offending shall upon conviction before any two justices, and at their discretion, be liable to be committed to gaol with or without hard labor for any term not exceeding six months, or to forfeit and pay a penalty not exceeding fifty pounds. All offences against this Act, and all penalties and sums of money imposed or made payable by this Act, shall, where no other mode of proceeding is by law provided, be heard and determined and recovered iu a summary way by and before any two or move Justices of the Peace, or in auy Resident Magistrate’s Court, ;