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Bush Fires Ordinance 1863 (Disallowed)

17. The Bush Fires Ordinance 1863 D NZG 1864 p1

Analysis. Preamble.

1. Persons firing grass, scrub, bush, &c., for a certain period in each year, liable to a penalty.

2. Owner or Occupier of ground upon which fire is discovered deemed guilty of offence unless otherwise proved, &c.

3. Refuse of sawpits to be destroyed before First day of November in each year under penalty.

4. Offences determined by oaths of Witnesses, or confession of parties accused.

5. Penalties may not be recovered unless within six months after offence committed.

6. Interpretation Clause.

7. Title.

Whereas serious loss has arisen by reason of the negligent lighting of fires in that part of the Province of Canterbury described in the schedule to this Ordinance, and it is expedient to make provision to control the lighting of such fires:

Be it therefore enacted by the Superintendent of the Province of Canterbury, with the advice and consent of the Provincial Council thereof:

1. Persons firing grass, scrub, bush, &c., for a certain period in each year, liable to a penalty.

Every person who shall set fire to any grass, fern, scrub, underwood, or bush, or to the refuse of any sawpit in that part of the Province of Canterbury described in the Schedule to this Ordinance, from he first day of November in any one year, to the thirty-first day of March in the next succeeding year, shall forfeit and pay a sum of not less than forty shillings, nor more than twenty pounds for every such offence.

2. Owner or Occupier of ground upon which fire is discovered deemed guilty of offence unless otherwise proved, &c.

The Tenant, Possessor, or Occupier of the ground upon which any fire of grass, fern, scrub, underwood, or bush, or of the refuse of any sawpit, shall be made or discovered within the time aforesaid, shall be deemed and taken to be guilty of the offence, and shall be liable to the penalties aforesaid, unless such Tenant, Possessor, or Occupier shall perove to the satisfaction of the Resident Magistrate, or Justices before whom he or she shall be prosecuted, that such fire was communicated from some neighbouring ground, or was raised upon his or her own ground by some other person not in his or her service or family.

3. Refuse of sawpits to be destroyed before First day of November in each year under penalty.

All persons occupying or using any sawpit, within the hereditaments described in the said schedule, shall, before the first day of November in this present and each succeeding year, burn and consume, or otherwise destroy, all the waste material and refuse accumulated in and about such sawpit, and every person offending against the provisions of this section, shall forfeit and pay a sum not less than forty shillings nor more than twenty pounds.

4. Offences determined by oaths of Witnesses, or confession of parties accused. All offences against this Ordinance, shall, and may be enquired into and determined, either by the oath or oaths of one or more credible Witnesses, or by the confession or oath of the parties accused, before any two Justices of the Peace, or a Resident Magistrate.

5. Penalties may not be recovered unless within six months after offence committed.

No penalty or forfeiture under this Ordinance shall be recovered, unless the prosecution for recovering the same shall be commenced with six months after the offence committed.

6. Interpretation Clause.

Nothing in this Ordinance shall be construed to limit or deprive any person suffering loss or damage from any fire, of any remedy which he might have had at law, or otherwise for recovering the same provided this Ordinance had not been passed.

7. Title.

This Ordinance shall be entitled and may be cited as the "Bush Fires Ordinance,

1863." Schedule.

Port Victoria, Akaroa, Bays, and Wainui Districts, as set forth in the Schedule to

"The Provincial Council Extension Ordinance, Session XVII., No. 4."

Notes.

Passed by the Provincial Council 16th September 1863, and assented by the

Superintendent on 20th October. Ordinance disallowed. Disallowed NZG No. 1. 12th January, 1864, p 1.