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Thistle Ordinance 1862

8. The Thistle Ordinance 1862

Whereas great injury and loss may be occasioned to the cultivated and waste lands of the Province of Canterbury by the growth and spread of noxious Thistles, and it is expedient that provision be made to prevent the same:

Be it therefore enacted by the Superintendent of the said Province, with the advice and consent of the Provincial Council thereof, as follows:—

1. Noxious thistles to be destroyed under penalty.

Every person who shall neglect to eradicate or destroy any noxious Thistles growing upon land in his occupation or owned by him, or upon the half of any occupation road adjacent thereto, after seven days' notice in writing as

hereinafter provided, shall, on conviction, be liable to be fined any sum not less than Five Shillings nor more than Thirty Shillings for every day that such Thistles shall be permitted to grow; such fine or fines to be recovered in a summary way: Provided it shall be lawful for the Resident Magistrate or Justice of the Peace by whom such person is convicted, to suspend such conviction upon being satisfied that the person convicted has used and is using reasonable exertions to eradicate or destroy such Thistles.

2. Notice: how to be served.

It shall be lawful for any such person either in his own behalf or appointed by the Superintendent for that person, to serve a notice in the form marked A in the Schedule hereto or to the effect thereof, by delivering the same personally, or leaving the same at the last known residence of the person occupying or owning the land whereon such Thistles shall be growing.

3. Notice to be published if the land unoccupied.

In case such Thistles shall be growing upon unoccupied land, the ownership of which cannot be discovered or the owner thereof is not resident in the Province, it shall be lawful for any person in his own behalf, or appointed by the Superintendent for that purpose, to cause a notice in the form B in the Schedule hereto or to the effect thereof, to be published in the Provincial "Government Gazette," and in two consecutive numbers of at least one newspaper published within the Province.

4. Thistles to be destroyed at cost of Owner after lapse of time.

If such Thistles shall not be eradicated or destroyed within ten days from the first publication of such notice, any Resident Magistrate or any two Justices of the Peace shall, on application by the person made by the person at whose instance such notice was published, authorize the said Thistles to be eradicated or destroyed, and all expenses incurred therein shall be defrayed by the Superintendent out of the ordinary revenue of the Province, and recoverable by him from the owner of said unoccupied land when he is discovered and resident in the Colony, or from the first occupant of the same.

5. Provision for destroying thistles on waste lands of the Crown and public roads.

It shall be lawful for the Superintendent to advance any sums of money out of any appropriation made for such purposes by the Provincial Council towards eradicating or destroying the said Thistles growing upon.

1. Waste lands of the Crown.

2. Public roads, not being occupation roads, and lands held for the public uses of the Province.

6. Power of entry upon land for action under this Ordinance.

It shall be lawful for the Superintendent or any two Justices of the Peace to authorize any person or persons to enter upon any land for the purpose of ascertaining the existence of such Thistles thereon, and eradicating or destroying the same, and no person when acting under such authority shall be deemed a trespasser.

7. Word “thistle” interpreted.

That in the construction of this Ordinance, the word "Thistle" shall be held to mean and include these three genera —"Carduus," "Cnicus," "Onopordum."

8. Title.

This Ordinance shall be entituled and may be cited as "The Thistle Ordinance,

1862."


Schedule A.

To Mr.

Take Notice that there are certain noxious Thistles growing upon land in the district now in your occupation or owned by you in the

district or upon the half of the occupation road adjacent to land (in thedistrict) now in your occupation or owned by you, and that I am prepared to point them out to you, and that unless you eradicate or destroy the same within seven days from the serving hereof, I shall proceed against you under "The Thistle Ordinance, 1862," for the penalty or penalties imposed by the said Ordinance.

Dated thisday of 18 . AB.

(Signed) Schedule B.

Whereas certain noxious Thistles are growing on (rural or town) Section No.in thedistrict, (the owner of which land cannot be ascertained by me after reasonable enquiry, or is not resident in the Province.) This is to give notice that if the said Thistles are not eradicated or destroyed within the time limited by "The Thistle Ordinance, 1862," the said Thistles will be destroyed according to the provisions of the said Ordinance, the expenses thereof to be recoverable from

the owner of the said unoccupied land when he is ascertained and resident in the

Colony, or from the first occupant of the same. Dated this day of 18 .

AB.

(Signed)


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