THE CODLIN MOTH PEST.

Waikato Times, Volume XXVII, Issue 2183, 6 July 1886, Page 3

THE CO DLIN MOTH PEST.

} Thk following is the amended draft bill tiO f amend the Codlin Moth Act, \\ hich was j considered and adopted at the adjourned meeting of tho members of the Horticultural Society, held in the Council Chambers,, 1 ' Hamilton, on Thursday, July 1. j ; . A Bill to Amend the Codlin Moth Act, 1884, UK IT ENAtfTEl>> &0. ' I.— The short title of this Act is the Codlin Moth Act 1,884, Amendment Act, 188(5. j * 2.— This Act shall be* read. witU™ andconsidered as a part of the Cnd!'"n Moth Act, 1884, hereinafter called the 'aaid Act, and shall come into operation 'on the 15th day of September, 188(5. 3. — In tho aaid Act and this Act, i£ not inconsistent with the context, inspector includes, general inspector; notified and notih'i\ition means advertised in any newspaper calculating in the distiict ; clean district wd unclean district me.in respectively district* notified as buch by an inspector ; fruit shall include quinces and medlars of all descriptions ; tree means any apple, pear, quince, or medlar tree of any age. ' » 4. —It shall be lawful for the Governor from time to time to appoint a tit and experienced person to be a general inspector for the colony, and from time to time to dismiss of remove any such general in;, spector. The general inspector shall have power to appoint fit and experienced persons to be inspectors, and from time to time to dismiss or remove any person so appointed.. Any inspector may be appointed to niore districts than one. 5. — All districts shall be coterminous with the boundaries of boroughs, district town boards, counties, or ridings ii f >f Counties as defined by the Counties Act, 1876, unless otherwise specially prayided. for by Order-in-Council, and in the cases of harbours and rivers, the districts to which * they shall be ' attached shall be fixed by Order-in-CoUncil. ' ■ 6.— The occupier of every orchard shall, on the Ist ' day of October, 1886, ' and on the same day in each succeeding year deliver at such place as the general inspector may appoint by notification in one or more newspapers circulating in the district, a return in the form of the schedule p> the said Act stating the number and descriptions ,of trees growing in his orchard. And every occupier who refuses or neglects to make such return shall forfeit and pay a penalty of irot'-exceeding ' £10 for each offence. Section 7 of the said Act sha}l apply to suctf return in the saine> manner as if this section, had been enacted in the' said Act. 7.— There' shall K be payable to the Codlin Moth Fund by the occupier of everyorchard in a clean district a contribution of a sum of not exceeding \d, and by fcjie occupier of every -orchard in every unoiean district a contribution of a sum of not ': exceeding id for every tree exceeding in age two years growing 'in the orchard occupied by hinr, the amount of such contribution in any one year not to exceed tho aforesaid, rates, and to be fixed by the general jtfs^ectorj by' notification in one or more 'newspapers', circulating in the district in the month of September in each year, and every occupier shall on the fir»t day, of November in every year pay to the inspector or such other person as may be authorised by the Governor to receive the same the amount of such contribution. All contributions due by the occupier, and all and every sum or sums of money payable as aforesaid shall be a debt owing by him to the Crown, and may be sued for and rec »vered in the name of the general inspector in any Court of competent jurisdiction by an inspector or any person authorised in writing by him. 8. — The salary of the general inspector and all inspectors shall be fixed by the Governor, and there shall be applied out of the Codlin Moth Fund, or if that, shall be insufficient out of the Consolidated Fund such sums of money as may be required for the salaries and allowances of a general inspector and all inspectors appointed or persons employed by him and for the carrying out generally of the provisions of the said Act and this Act notwithstanding any Act with reference to the mdit of public aCcouwt.s. 9.— The general inspector and every inspector shall exercise and discharge the several powers, authorities, and duties prpsciibed by the said Act and this Act, unJ may at any reasonable time enter upon ! ny orchard in any district for the purpose | of inspecting the trees in such orchard and the fruit thereon and all other fruit and n y at any reasonable time also enter any j <n p, boatj shop, store, or other buildine or pl, cc in any district in which he may have ie..son to believe trees, fruit, cases, boxes, luirels, or other receptacles are deposited 'or the purpose of inspecting the state mjd condition thereof. 'If any person -eiuses to allow any inspector to enter at any reasonable time on his orchard, liip, boat, shop, store, or other building or place, or to examine any trees, fruit, cases, boxes, barrels, or other recep tacles.'being therein or thereon, or impedes, hinders, or attempts to impede or hinder any inspector from examining any such trees, fruit, cases, boxes, barrels, or, Qtlier receptacles, such person shall forfeit and pay a penalty not less than £2, nor exceeding £20. >•• - : " ' \ 10.— Any inspector shall have^ power to declare the district -in which he is authorised to act, a clean or an unclean district, by notification in m a newspaper circulating in the said district, and if he shall be satisfied that Codlin " Moth in any stage exists in such district it shall be hrs duty to declare such district to ba an unclean district. 11. — The Governor-in Council tnay, from time to time, make, rescind, and alter regulations for the guidance of Inspector-*, and prescribing their duties : For prescribing the manner in which and the times at which the' 'occupier of every orchard in every district shall— Give notice' of his orchard being infected ; bandage, dress, or otherwise treat infected trees in his orchard ; for prescribing the manner in which infected fruit, cases, boxes, barrels, and other receptacles shall be destroyed, or rendered fit for the food of rtny anitihil ; for prescribing the manner in which bandages used upon infected trees shall be destroyed, or cleansed or otherwise rendered fit to be again used for such purpose; generally for., the destruction of the motli, and a^ to all other matters of detail for carrying this Act into full effect. And may by any regulation prescribe a penalty not exceeding live pounds for breach of or non-compliance k with any such regulation. , - $2.— Any occupier in a clean district whose orchard is infected in any de,gree with Codlin Moth and shall not within 24 hours after becoming aware of such infection give notice thereof to the Inspector of such district shall be liable to a penalty of £o for each offence. 13. — At the end of (Section 14 ot the said Act the words "five pounds " shall be struck out, and the words, , " twenty pounds " substituted therefor, *14.'— In any legal proceedings against any person for any breach of, or non-compliance with, any provision of the said Act, .'or this Act, or any. regulation proof that any tree| fruit, or other matter, or thing herein, or in any regulation mentioned, was infected with the moth shall rest upon the informant. 15.— A1l contributions, fees, fines, penalties, and sums of money imposed or made payable under tho said Act and this Act shall, when recovered," be paid into the Consolidated Fund, and if at any time the aforesaid monies shall be insufficient to defray all lawful charges under the said Act and this Act, the deficiency shall be paid from the Consolidate i Fund.' 1(5. — The General Inspector shall exercise all functions cxcrci^able by Inspectors under the said Act and this Act in addition to his other functions and powers. 17. — Any Inspector may berveor cause to bo .served upon any occupier ot any orchard in •• which he is satisfied the Codlin Moth exists, notice in wiiting in the form or to the effect set forth in the schedule hereto requiring the. destruction of the Codlin Moth in such orchards forthwith. Any notice shall bo deemed to have been served if' delivered personally to such occupier or posted to or left at his last known place of business or abode. If any person upon whom such notice should be served is unknown or after due enquiry cannot be found or is absent from the colony, then a service upon his known agent or attorney shall' be deemed a sufficient service, nnd if such person has no known agent or attorney in the colony or such agent or attorney is unknown or cannot, after due enquiry be found then a publication of such notice in a newspaper circulating in the district in which such notice is issued and posting a copy of the notice upon a conspicuous pait of the orchard in respect of which such notice is issued or on some public road adjacent thereto, shall be sufficient service and the cost of publishing such notification and the amount of all contributions due under the said Act or this Act shall be a charge upon all the land comprised in the banie allotment in which such orchard or

any part thereof is situated, and shall be recoverable in the same manner as rates are recoverable tinder the Rating Act v 'lBBg, and all procedure for the recovery of rAtes under * the last mentioned Act shall apply "mutatis mutandis" to the recovery of contributions ..under the said. Act and this Act. , . _ « 18. -^lf immediately fopon,,' the Service of such notice, such DccupfeY ' does not commence, (p do^U such,, acts, inatterfy 'and things as in* the' opinion' of the Inspec* tor, acting within the authority of the said Act and this Act and^the Regulations made thereunder, may be necessary to destroy the 4 Codtfn Moth in the or.chard, mentioned/ in such notice in tho .shortest time possible and having so - commenced; does not continue such action until such Codlin Moth is destroyed such occupier upon vvhoin such notice has been served shall be liable to a penalty not exceeding £20. 11). — That every 6ase, box, barrel, or receptacle of any kind cont lining fruit impoited into the colony flhall be examined by an Inspector at such port before being handed over to the consignee, and any consignment in which Codlin Moth is detected, and the ca^es, boxes, barrels, or other receptacles shall be destroyed in such manner as the Insnectoc niay direct. ' 20. — All penalties imposed or made payable by the said Act or this Act, or any Regulation made thereunder, shall bo recovered in the mode 1 prescribed by the Justices of the Peaco Act, ,1882, 21.— Jn Section 18 of the said Act the words 4< Commissioner of Trade and Customs " are hereby repealed, and the word* " Gdheral' lnspector" substituted therefor. • 22.--Sections 4, 5, 0, 8, 9, 10, 11, 12, % 16, and 17, of the said Act are hereby repealed.