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ince of Alberta to hunt, take or kill any game under the provisions of the law in that respect, from the

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is a resident of the Province of Alberta) as his bona fide

guest.

2. The said

has not

directly or indirectly received nor is it expected that he will directly or indirectly receive any consideration, wages or compensation from the said

for or in respect of his residence with the said

Sworn before me at

in the Province of Alberta, this

day of

A.D. 1

(Signature)

(Signature)

Short title

1907

CHAPTER 15.

An Act respecting Noxious Weeds.

(Assented to March 15, 1907.)

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

SHORT TITLE.

1. This Act may be cited as "The Noxious Weeds Act."

INTERPRETATION.

Interpretation

2. In this Act unless the context otherwise requires—
1. The expression "noxious weeds" shall include-
Tumbling mustard (Sisymbrium Altissimum),
Hare's ear mustard (Conringia orientalis),
Common wild mustard (Brassica sinapistrum),
Ball mustard (Neslia paniculata),

Tansy mustard (Sisymbrium incisum),

Wormweed mustard (Erysimum cheiranthoides),
Flae flax (Camelina sativa),

Shepherd's purse (Capsella bursa-pastoris),

Red root (Amarantus Retroflexus),

Canada thistle (Cnicus arvensis),

Stink weed (Thlaspi arrense),

Russian thistle (Salsola kali v. Tragus),

Ragweed (Ambrosia trifida),

Wild oats (Avena fatua and A. Strigosa),
Russian pigweed (Axyris Amarantoides),
Blue bur (Echinospemum Lappula),
Tumble weed (Amarantus albus),

Cockle (Agrostemma Githago);

2. The expression "department" means the Department of Agriculture;

3. The expression "minister" means the Minister of Agriculture;

4. The expression "inspector" means any inspector appointed under this Act;

5. The expression "occupant" means a person occupying or having the right to occupy any land;

6. The expression "owner" includes every person who has any estate or interest in land, or who has any right to be vested with such an estate or interest;

7. The expression "earth work" means any dump or heap of earth, or place from which earth has been removed;

8. The expression "thresher" means any person in possession or charge of a threshing machine.

INSPECTORS, AND OTHER OFFICERS.

inspectors and

3. The minister may from time to time appoint such inspec- Appointment of tors and other officers as may be required to carry out the other officers provisions of this Act, fix their remuneration and define their duties.

DUTY OF OWNER OR OCCUPANT OF LAND.

to be destroyed

4. Every owner or occupant of land shall destroy all nox- Noxious weeds ious weeds thereon, and if he makes default in so doing he shall be guilty of an offence and on prosecution therefor by an inspector or other officer under this Act shall on summary conviction thereof be liable to a penalty not exceeding $50 and costs.

(2) Weeds on public roads shall be destroyed by the local Weeds on improvement district in which they are situated.

(3) White clover, timothy or western rye grass, or a mixture of all or either of these shall be grown:

public roads

(a) On earthworks made by railways or irrigation Weeds on companies and at the expense of these corporations. irrigation works

railway and

DESTRUCTION OF WEEDS.

to inspect

5. Any inspector shall have the right to enter upon any Right of entry land to inspect it for noxious weeds and any one obstructing him in the discharge of his duty shall be guilty of an offence and liable to a penalty not exceeding $25 and costs, and any inspector finding noxious weeds growing in any grain or hay crop may notify the owner:

(a) To pull by hand or cut and burn or plow under such Weeds on
crop or any part thereof within a stated time; or

(b) To burn the straw or screenings or both from any
crop or part thereof within ten days after it is threshed.
or at the option of the owner to fence the same
around with a legal fence and the same to retain in
good repair until necessary to be removed for the pur-
poses of sowing the crop or cultivating the land the
next following season.

cropped land

Notice to destroy weeds

Notice to

6. Any inspector finding noxious weeds growing on occupied lands shall notify the occupant thereof to destroy such weeds within ten days from the date of such notification.

7. Any inspector finding noxious weeds growing on unocdestroy weeds cupied lands shall notify the owner by registered letter addressed to his last known address, if any, to destroy such weeds within ten days of such notice.

Railway lands

Lands of irrigation company

Penalty for neglecting to destroy weeds

Procedure where notice

cannot be given

8. Any inspector finding noxious weeds growing on any railway fire guard, right-of-way, or any other earth work, or any unoccupied lands owned by or forming part of the land grant to any railway company shall notify the roadmaster or foreman of that section, or the nearest station agent, either personally or by registered letter to destroy such weeds within ten days from the date of such notice.

9. Any inspector finding noxious weeds growing in or upon any ditch, or other earth work, or right-of-way of any irrigation company shall notify the manager, superintendent or ditch rider of such company, either personally or by registered letter to destroy such weeds within ten days from the date of such notice.

10. Any person to whom notice has been duly given under any of the preceding sections who neglects to carry out the directions contained therein shall be guilty of an offence and on summary conviction thereof shall be liable to a penalty not exceeding $50 and costs.

11. In case noxious weeds are not cut down or otherwise disregarded or destroyed on any land pursuant to any notice given by an inspector under this Act or in case the name or address of the owner of such land is unknown, the said inspector or any person or persons directed by him forthwith enter upon the land with the necessary teams and implements and destroy such weeds in such manner as the inspector may see fit.

Recovery of costs of destruction

Sale, etc., of seed containing weed seeds

12. The amounts expended in the work performed under the next preceding section may be recovered from the owner or occupant of the land by action in the name of the Attorney General or the inspector, or by distress by the inspector or his agent of any chattels on the land.

SALE OR DISPOSAL OF GRAIN, ETC., CONTAINING WEED SEEDS.

13. No person shall sell or dispose of, or offer for sale or disposal, or have in his possession for sale, any grain, grass, clover or other seeds intended for the purpose of seed, in which there is more than five seeds of any noxious weed or weeds per thousand of such seed.

etc..of cleanings

14. No person shall purchase or sell, barter or otherwise Sale, purchase, dispose of or remove from any premises, any bran, shorts, containing chopped or crushed grain or cleanings containing seeds of noxious weeds, unless the germinating qualities of such seeds have been destroyed:

Provided that matter containing seeds of noxious weeds may be removed in closely woven and securely tied sacks from any grain elevator or warehouse to be burned or fed to sheep if such sheep are fed and kept within enclosures which are the property of the feeders; and

Provided also that such enclosures shall be subject to inspection by weed inspectors and that lists of the parties to whom screenings are sold shall be furnished monthly to the Minister of Agriculture by the managers of the elevators or warehouses:

And further provided that any farmer may at the time of marketing or warehousing his grain remove from any elevator or mill the screenings screened from such grain so marketed or warehoused, provided the same be by him taken home to his farm in closely woven and carefully tied sacks.

weed seeds

etc.

15. No person shall place outside any mill, elevator cr Mills, elevators grain warehouse, except in a securely constructed building, shed or covered bin, any matter containing the seeds of noxious weeds without first having destroyed the germinating powers of such seeds.

THRESHING MACHINES TO BE CLEANED BEFORE REMOVAL.

machines

16. Every thresher shall thoroughly clean his machine, Threshing both inside and out, immediately after threshing at each setting and before removing the machine or any part thereof to another setting.

17. Every thresher shall clean the grain threshed by him, and when it is delivered to the owner it shall contain not more than 100 seeds of noxious weeds other than wild oats, in one thousand of grain, and all screenings containing seeds of ndxious weeds shall be destroyed by the owner within five days after it is threshed or removed in closely woven and securely tied sacks.

18. Every thresher shall display in a prominent place upon his machine a card containing this and the two preceding clauses, which card shall be furnished free upon application to the department.

PENALTIES.

19. Every inspector or other officer who neglects to perform Neglect of duty any duty placed upon him by this Act shall in respect of each by inspector

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