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Thistle Ordinance 1866

15. The Thistle Ordinance 1865.

Analysis. Preamble.

1. Repealing Clause.

2. Noxious thistles to be destroyed under penalty.

3. Notice to be served.

4. Inspector may destroy Thistles and recover costs.

5. Costs to be defrayed by Superintendent and how recovered in case of unoccupied land.

6. Inspectors to be appointed and Regulation made and gazetted.

7. Penalty for false report or certificate of Inspector.

8. Superintendent may advance moneys for the destroying of Thistles in case of

Crown Lands.

9. Power of Entry to Inspector.

10. Interpretation Clause.

11. Title.

Whereas an Ordinance was passedd by the Superintendent and Provincial Council of the Province of Canterbury entituled “The Thistle Ordinance 1862” And whereas it is expedient that the said Ordinance should be repealed andd better provisions shouldd be made for preventing the growth and spread of noxious Thistles.

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

1. Repealing Clause.

The said recite Ordinance is hereby repealed.

2. 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,

after three 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 Justices 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.

3. Notice 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.

4. Inspector may destroy Thistles and recover costs.

It shall be lawful for any person either in his own behalf or appointed by the Superintendent for that purpose 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 lan whereon such Thistles shall be growing.

5. Costs to be defrayed by Superintendent and how recovered in case of unoccupied land.

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 Inspector to eradicate and destroy the same 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 the said unoccupied land when he is discovered and resident in the Colony or from the first occupant of the same.

6. Inspectors to be appointed and Regulation made and gazetted.

It shall be lawful for the Superintendent from time to time to appoint fit persons to be Inspectors of Thistles and from time to time to remove the same and to appoint others in their stead and it shall be lawful for the Superintendent with the advice of his Executive Council to make such Regulations as he may think fit for

the guidance of all such Inspectors in the execution of their duty and for the carrying of this Ordinance into effect Provided always that no such Regulations shall have any force until after they shall have been published in the Government Gazette of the Province of Canterbury.

7. Penalty for false report or certificate of Inspector.

If any Inspector of Thistles appointed under the provisions of this Ordinance shall wilfully make any false report or deliver any false certificae as to he condition of any land examined by him he shall be liable on convicion thereof before any two Justices of the Peace to a Penalty not exceeding Twenty Pounds sterling.

8. Superintendent may advance moneys for the destroying of Thistles in case of

Crown Lands.

It shall be lawful for the Superintendent to avance 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 Waste Lands of the Crown public roads not being occupation roads and lands held for the public uses of the Province.

9. Power of Entry to Inspector.

I shall be lawful for any Inspector of Thistles 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.

10. Interpretation Clause.

That in the construction of this Ordinance the word "Thistle" shall be held to mean and include "Carduus" "Cnicus" "Onopordum" “Arctium” or the plant commonly known as Australian Burdock.

11. 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 the district) 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 three days from the serving hereof I shall proceed against you under he provisions of "The Thistle Ordinance, 1866," for the penalty or penalties imposed by the said Ordinance.

Dated this day of 18 . (Signed) AB.

Schedule B.

Whereas certain noxious Thistles are growing on (rural or town) Section No. in the district, (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, 1866," 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 . (Signed) AB.