THE CODLIN MOTH ACT.

Waikato Times, Volume XXIX, Issue 2391, 5 November 1887, Page 2 (Supplement)

THE CODLIN MOTH ACT.

Ax Act to Provide kou tiik Destruction ok the Insect Known as Caupouama I'OSIONKU.A OIICoDUN MOTH. Dale,

Whereas it is expedient to provide measures for the destruction of the insect known as carpucapsa pmmmella or the codlio moth ;

Be it therefore enacted by the General Assembly nf New Zealand in Parliament assembled, and by the authority of the same, as follows ]. The short title of this Act is the Codlin Moth Act, 18S7.

2 fn this Act, if not inconsistent with the context.

"Orchard” means and includes every garden and piece of land in which fi nit trees of any description may be growing.

“ Infected” moans actually infected with the moth, and where the moth is nr has been present. “ The moth ” means the insect, known as carpucapsa pomonella or the codhn moth, in any form.

"Inspector" means an inspector appointed under this Act, and includes the General Inspector. “Notified,’and “notification” mean advertised in any newspaper circulating in the district. " Clean district ” and 11 unclean district " mean respectively districts notified as such by an inspector. “ Fruit” means apples, pears, quinces and medlars of all descriptions. "Tree” means any apple, pear, quince, or medlar tree of any age. “Prescribed” means prescribed by regulations under this Act.

3. As soon as conveniently may be after the passing of this Act, the GovernorinConncil may, for the purposes of this Act, divide the colony into Codlin Moth districts, and from time to time altar and amend such districts. Such districts shall be coterminous with the boundaries of boroughs, town districts, counties, or ridings of counties as defined by “The Counties Act, ISSU,” unless otherwise specially provided for by Order-in-Cnnncil, and in the case of harbours and rivers, the districts to which they shall be attached shall be fixed by Order-in-Cnnncil. The constitution of such districts shall be by notification in the Government Gazette. ■i. It shall be lawful for the Governor from time to time to appoint a fit and experienced person to be a general inspector fur the colony, and from time to time to dismiss or remove any such general inspector. 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 more districts than one.

5. There shall bo payable to the Codim Moth Fund by the occupier of every orchard in a clean district a contribution of a sum of not exceeding and by the occupier of every orchard in every unclean distinct a contribution of a sum of not exceeding Ad for every tree exceeding in age two yearn growing in the orchard occupied by him, the amount of such contribution in any one year not to exceed the aforesaid rates, and to be fixed by the general inspector by notification in the month of September in each year, and every occupier shall, on the iirst 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 recovered in the name of the general inspector in any Court of competent jurisdiction by an inspector or any person authorised in writing by him.

(I. The occnpior of every orchard shall on the , and on the same

day in each succeeding year deliver at snob place as the General Inspector may appoint by notification in one nr more newspapers circulating in the district, a return in the form of the first schedule of this Act stating the number and descriptions of trees growing in his orchard. And every occupier who refuses or neglects to makes such return shall forfeit and pay a penalty or not exceeding i's for each offence.

7. Every such return shall be verified by declaration in the form in the schedule that tbs matters contained in such return are true; and every person who wilfully makes any false return under this Act shall forfeit and pay a penalty not exceeding £5.

8. Any occupier in a clean district whose orchard is infected in any degree with Collin Moth, and shall not within twentyfour hours after becoming aware of such infection give notice thereof to the inspector of such district shall be liable to a penalty of five pounds for each offence. !). The General Inspector shall exercise all functions exercisable by inspectors under this Act in addition to his other functions and powers. 10. The salary of the general inspector and all other 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 sum 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 this Act notwithstanding any Act with reference to the audit of public accounts. 11. The general inspector and every in specter shall exercise and discharge the several powers, authorities, and duties prescribed by this Act, and may at any reasonable time enter upon any orchard in any district for the purpose of inspecting the trees in such orchard, and the fruit thereon and all other fruit, and may at any reasonable lime also enter any ship, boat, shop, store, or other building or place in any district in which ho may have reason to believe trees, fruit, cases, boxes, barrels, or other receptacles are deposited for the purpose of inspecting the state and condition thereof. If any person refuses to allow any inspector to enter at any reasonable time on his orchard, ship, boat, shop, store, or other building or place, or to examine any trees, fruit, cases, boxes, barrels, or other receptacles 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 other receptacles, such person shall forfeit and pay a penalty not less than £2, nor exceeding £ii for each offence. 12. Any inspector shall have power to declare the district in which he is authorised to act, a clean nr an unclean district, by notification, and if he shall be satisfied that codlin moth in any stage exists in such district it shall he, his duty to declare such district to be an unclean district. 13. Any inspector may serve, or cause to be served upon any occupier of any orchard in which ho is satisfied the codlin moth exists, notice in writing in the form or to the effect set forth in the sound schedule hereto requiring the destruction of the codlin moth in such orchards forthwith. Any notice shall be deemed to have been served if delivered personally to such occupier, or posted or left at his last-known place of business or abode. If any person upon whom such notice should ho served is unknown, or after duo enquiry cannot bo found, or is absent from the colony, then a service upon his known agent or attorney shall ho deemed a sufficient service, and if such person has no known agent or attorney in the colony, or such agent or attorney is unknown, or cannot after duo 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 part of the orchard in respect of which such notice is issued, or upon some public road adjacent thereto, shall ho sufficient service, and the cost of publishing such notification and the amount of all contributions due under this Act shall be a charge upon all the land comprised in the same allotment in which such orchard or any part thereof is situated, and so far as the same is not repugnant to this Act shall be recoverable in the same manner as rates are recoverable under “ The Rating Act, 1852,” and all procedure for the recovery of rates under the last-mentioned Act shall apply “ mutatis mutandis ” to the recovery of contributions under this Act.

11. If immediately upon the service of such notice such occupier dues not commence to do all such acts, matters, and things as in the opinion of the inspector, acting within the authority of this Act and the regulations made thereunder, may bo necessary to destroy the codlin moth in the orchard mentioned in such notice in the shortest time possible, and having so commenced does not continue such action until such codlin moth is destroyed, such occupier upon whom such notice has been served shall bo liable to a penalty not exceeding £5.

_ 15, The liovernor-in-Cmmcil, may, from time to time, make rescind and alter regulations for the guidance of inspectors 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 injins orchard, for prescribing the manner, in which infected fruit shall bo destroyed, or rendered fit for the fond ofjany animal, for prescribing the manner in which fruit-houses, rooms, casus, boxes, barrels, and other receptacles, and bandages used upon infected trees shall bo destroyed, or cleansed, or otherwise rendered fit to be again used for such purpose, generally for the deslruction of the moth, and as to all other matters of detail for carrying this Act into full effect. And may, by any regulation prescribe a penalty not exceeding (ivo pounds, for broach of or non-compliance with any such regulation. 16. No person shall send or convoy into any clean district, any fruit infected with the moth, or any case, box, barrel, or other receptacle so infected ; and if any person offends against this provision, he shall be liable to a penaltyfnot exceeding five pounds, and the person sending, as well as the person receiving any such fruit, case, box, barrel, or other receptacle, shall be liable to the penalty herein prescribed. 17. Any person selling, or offering, or exposing for sale any infected fruit, shall be liable to a penalty not exceeding five pounds. This section shall not come into operation until Ist April, 1890. 18. Every case, box, barrel, or receptacle of any kind containing fruit imported into the colony may be examined by an inspector at the port before being handed to the con signee, and any consignment in which codlin moth is detected, and the cases, boxes, barrels, nr other receptacles containing tha same shall be destroyed in such manner as the inspector may direct. 19. The Governor, from time to time, by Proclamation, may prohibit the importation into the Colony nf any fruit whatever, or fruit trees whore he may deem the importation thereof likely to cause the spread of any infection in the orchards nf the colony, and if any fruit or fruit trees so prohibited are imported, they shall bo forfeited to Her Majesty, together with the boxes, cases, barrels, or other receptacles in which the are contained, and be disposed ot as the General Inspector may direct.

20. If any inspector wilfully violates, or omits to comply with, or neglects or refuses to enforce any regulation, he shall be liable to a penalty not exceeding ten pounds. 21. The owner of any unoccupied orchard shall, for the purposes of this Act, be deemed to be the occupier thereof; and all the provisions of this Act shall be applicable to such owner in the same manner in all respects as if such owner were the actual occupier of such laud. 23. All contributions, fees, fines, penalties and sums of money imposed, or made payable under thin Act shall, when recovered, be paid into the Consolidated Fund.

23. All penalties imposed or made payable under this Act, or any regulation made thereunder, shall be recovered in the mode prescribed by the Justices of the Peace Act, 1882.

24. No action shall lie against any person for anything done in pursuance of this Act unless such action is commenced within three months after the causa of action has arisen ; and in any such action the defendant may plead the general issue, and give tins Aet and the special matter in evidence. 23. The Codlin Moth Act, 1884, is hereby repealed, but such repeal shall not in anyway affect or invalidate proclamations issued or things lawfully done under such

repealed Act,

FIRST SCHEDULE,

The Codlin Moth Act, 1887. Return of the number of trees in the orchard occupied by the undersigned on the day of , 188.

I, , of , do hereby solemnly and sincerely declare that the above return contains a just and true account of the several matters therein set forth, all which matters I conscientiously believe to be true. A. B. Witness.

SECOND SCHEDULE,

The Codlin Moth Act, 1887. Take notice that your orchard, situated on Allotment No. ,in the [Parish or Tawu], is infected with the codlin moth, and you are hereby required to forthwith destroy the same in manner prescribed by the Regulations made under this Act or otherwise as I may lawfully in writing direct.

Dated this day of 188,

(Signature of Inspector) Codlin Moth District. [Postal Addros] To

*0 Z "0 h A Description of Trees. Number ofeach description. Remarks.