appointed such Referee down by the and decide or inspector Min- and reeve shall ting down Minister to between as to cut growing crop. or by his authority; if, however, it is the opinion of reeve or councillor that said crop should not be cut or destroyed, the matter in issue shall be referred to determined by the provincial noxious weeds inspector some other person deputed for the purpose by the ister of Agriculture and Immigration, whose decision be final, subject to no new review or appeal, and thereupon, if so determined, it shall be the duty of the municipal noxious weeds inspector to immediately cause the said crop or portion thereof to be cut down and destroyed; and no action, claim or damage shall be allowed or shall be sustainable against any one in respect thereto; provided, however, that, in the case of growing crops wherein only Canada thistle weeds are found to Saving exist to a limited extent, not exceeding, however, one-half clause for acre in the whole, it shall be discretionary with the said only Canada municipal noxious weeds inspector as to carrying out the titles are provisions of this section; it shall nevertheless be the duty a limited of said inspector to notify the owner of the crop that, if in the next or any succeeding year any growing crop upon his land is affected to the same extent, the said provisions will be enforced. 1 Geo. 5, c. 42, s. 17. RENTING INFESTED LAND. cases where found to extent. of renting infested with owner 18. No owner, or agent of an owner, of any land shall Prohibition rent to any person any parcel of land upon which noxious of land weeds exist, or which contains the seeds of noxious weeds weeds if to a detrimental extent, after having been duly notified by any notified. noxious weeds inspector or any provincial inspector of noxious weeds, or by the clerk of the municipality in which such land is situate, pursuant to the report in the next succeeding section referred to, that such conditions prevail. violation. (2) Any person guilty of a violation of the provisions of Penalty for this section shall be liable to a fine of one hundred dollars, and in addition shall be liable to any person who has sustained damage by reason of such violation for the full extent of such loss or damage. 1 Geo. 5, c. 42, s. 18. REPORTS BY INSPECTORS. to make showing 19. Every municipal noxious weeds inspector shall make Inspectors his report in duplicate, indicating fully and clearly by plan report in or otherwise where noxious weeds or the seeds thereof are duplicate located, one copy of which shall, not later than the fifteenth where weeds day of November in each year, be filed with the clerk of the municipality and the other with the Minister of Agriculture and Immigration, and shall be open to public inspection. exist. Penalty for not making report. Providing funds to enable inspector to discharge his duties and pay men employed. Proving claims to mayor or reeve. Inspectors to keep accounts of expenses and deliver proper statements to clerk. Audit and payment. Charging up expenses as taxes against lands on which work done by inspectors. Provincial inspectors to see that local officers do their duties, and may do the work themselves. (2) Every inspector shall be liable to a fine of not less than twenty-five dollars nor more than fifty dollars for every case of failure or neglect to make such report. c. 42, S. 19. EXPENSES AND ACCOUNTS. 1 Geo. 5, 20. In order to enable municipal noxious weeds inspectors to effectually carry out the provisions of this Act, the council of every municipality shall in each year provide the treasurer of such municipality with funds to be paid out, on the order of any such municipal inspector, to men employed under his direction for the purpose of cutting down or destroying noxious weeds, and every such order shall be countersigned by the mayor or reeve on the inspector producing to him proof that the amount stated in the order is correct as to the number of days' work done, and that the rate of wages to be paid therefor is not excessive. 1 Geo. 5, c. 42, s. 20. 21. Every municipal noxious weeds inspector shall keep an accurate account of the expenses incurred by him in carrying out the provisions herein contained applicable to his duties, with respect to each parcel of land entered upon, and shall deliver to the clerk of the municipality from time to time as may be required by the council a statement of such expenses, describing the land entered upon, and the council. is hereby authorized and required to audit and allow the same, or so much thereof as to the council may seem just, and to pay so much thereof as has been so allowed to the persons entitled to the same. 1 Geo. 5, c. 42, s. 21. 22. The council of the municipality shall cause all such sums, as have been so allowed and paid by the council under the provisions herein contained, to be by the clerk severally placed upon the collector's roll of the municipality against the lands described in the said statement, or such of them as are taxable, to be collected in the same manner as other taxes imposed by the municipality, without the necessity of any by-law imposing the same. 1 Geo. 5, c. 42, s. 22. PROVINCIAL INSPECTORS. 23. The Minister of Agriculture and Immigration shall from time to time appoint one or more persons as provincial inspector or inspectors of noxious weeds, whose duty it shall be to see that every municipal noxious weeds inspector discharges the duties imposed upon him by this Act. prosecute inspectors (2) Every such provincial inspector shall, if any muni- May also cipal noxious weeds inspector or other officer refuses or local neglects to carry out such provisions, have, possess and when proper. exercise all the powers given to such municipal noxious weeds inspector or other officer herein, and shall have the authority and power to prosecute any municipal noxious weeds inspector or other officer for failing to strictly observe, perform and carry out any of his duties under the provisions of this Act, and within the time and in the manner therein prescribed. 1 Geo. 5, c. 42, s. 23. Examination of grain, other seed purposes. 24. A provincial noxious weeds inspector may, during by provinthe daytime, enter any store, shop, warehouse, mill, elevator cial inspectors or other premises occupied by any person who vends grain, grass or grass or other seed for seeding purposes, and may inspect for seeding such seeds or grain to ascertain if they contain any seeds of noxious weeds to an undue extent, and may take away samples of such grain, grass or other seeds, if he considers it necessary for the purpose of establishing the fact that seeds of noxious weeds are contained therein. 1 Geo. 5, c. 42, s. 24. OTHER PENALTIES. seedmen sell having seeds weeds to 25. Any person or corporation who vends for seed pur-Penalty for poses any grain, grass or other seed, among which there is ing seeds any seed of noxious weeds to an undue extent, shall be liable of noxious to a fine of not less than ten dollars nor more than one hun-, dred dollars, and the justice of the peace making any conviction under this section may order that any grain, grass or other seed sold contrary to the provisions of this section shall be destroyed. 1 Geo. 5, c. 42, s. 25. an undue extent. offering for other feed 26. Any person, firm or corporation offering for sale Penalty for bran or other feed products in which are to be found seeds sale bran or of noxious weeds to an undue extent, either crushed or in products whole condition, shall be liable to a penalty of not less than twenty-five dollars nor more than one hundred dollars. Geo. 5, c. 42, s. 26. containing too many 1 seeds of noxious weeds shipping or exporting other refuse tors or mills, 27. Any person, firm or corporation consigning, shipping Penalty for or exporting, or causing to be consigned, shipped or exported, or carried out of the limits of this Province, any cleanings or cleanings or other refuse containing seeds of noxious weeds from elevato an undue extent, from any elevator or mill, shall be liable that are to a penalty of not less than twenty-five dollars nor more than affected. one hundred dollars. This provision shall apply to railway companies, express companies and other common carriers. 1 Geo. 5, c. 42, s. 27. similarly Penalty for throwing out seeds of noxious weeds on roads, lanes, etc. General penalty clause for cases of neg 28. Any person being the owner or operator, or the agent of any owner or operator, of any mill, grain elevator or grain warehouse who, either by his own act or by another person with his knowledge or consent, places or permits any seeds of noxious weeds, whether mixed with other things or not, to be placed on any road, highway, street or lane in any municipality, shall be liable to a penalty of not less than fifty dollars nor more than one hundred dollars, together with costs. This provision shall apply to railway companies and other common carriers. 1 Geo. 5, c. 42, s. 28. 29. Every municipal clerk, municipal noxious weeds inspector, mayor, reeve or councillor who refuses or neglects to lect of duty. discharge any of the duties imposed on them or any of them by this Act, shall be liable to a fine of not less than five dollars nor more than one hundred dollars. Penalty for councillor voting to remit fine imposed on inspector. Penalty if provisions of s. 4 disobeyed. Penalty if council dis visions of (2) Every member of the council of any municipality voting for any resolution remitting any fines or costs imposed upon any municipal noxious weeds inspector under this section, shall be liable to a fine of not less than fifty dollars nor more than one hundred dollars, and in addition shall be disqualified as a member of such council for the current year. 1 Geo. 5, c. 42, s. 29. 30. Every owner or occupant, or agent of an owner, of land, failing or neglecting to observe and carry out the provisions of section 4 shall be liable to a fine of not less than twenty-five dollars, nor more than one hundred dollars. Geo. 5, c. 42, s. 30. 1 31. The council of every municipality failing or neglectregards pro- ing to observe and carry out the provisions of section 5 shall be deemed to have committed a common nuisance, and shall be liable to a fine as set forth in the last preceding section. 1 Geo. 5, c. 42, s. 31. s. 5. Imprisonment. Disposition of fines when recovered. 32. If default be made in payment of any fine or penalty imposed under the provisions of this Act, the offender shall be liable to imprisonment for a period of not less than one day nor more than one year. (2) Every fine or penalty, when recovered, shall be paid over by the justice imposing the same to the proper officer of the municipality if the proceedings shall have been instituted by a municipal noxious weeds inspector, otherwise to the Provincial Treasurer. 1 Geo. 5, c. 42, s. 32. under Act quashed or want of 33. No conviction, warrant of commitment, order, or any Proceedings other proceeding, matter or thing made, done or transacted not to be in or relating to the execution of this Act shall be vacated, set aside for quashed or set aside for want of form or for any defect which form, etc. does not substantially affect the justice of the case, or be removed or removable by certiorari or other writ or process whatsoever into any superior court. 1 Geo. 5, c. 42, s. 33. may make to carry which shall 34. The Lieutenant-Governor-in-Council may from time Government to time make such further rules, orders and regulations as regulations may be required for the purpose of effectually carrying out out Act, the provisions of this Act; and every such rule, order or wave power regulation shall be read as part of this Act, and shall have the of law. same force and effect as if it had been enacted therein. 1 Geo. 5, c. 42, s. 34. SCHEDULE A-(Section 14). I hereby require you to cut down, or cause to be cut down, within days from this date, the noxious weeds growing in and upon the following described land (describe land) |