NO. 17 OF 1896. AN ORDINANCE RESPECTING WEED DIS TRICTS. [Assented to October 30, 1896.] The Lieutenant-Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows: Definitions. 1. When used in this Ordinance the expression 'Noxious Weed" shall mean hedge mustard, hare's ear mustard, black mustard, common mustard, tumble weed, red root, Canada thistle, Russian thistle, wild oats and French weed; Erection of noxious weed district. Weeds to be cut down to ripening. The term "Weed Inspector" shall mean the inspector of noxious weeds appointed by the LieutenantGovernor in Council; The term "Non-resident Lands" shall apply to all lands which are unoccupied, the owner of which is not resident within the weed district; The term "Resident Lands" shall apply to all lands which are occupied or owned by persons residing within the weed district. 2. The Lieutenant-Governor in Council may by proclamation erect any electoral district or any portion thereof into a Noxious Weed District," and appoint an inspector or inspectors therefor. 3. It shall be the duty of the owner of any land, or prevent seeds the occupant thereof if the owner is not resident within the weed district, to cut down or destroy all noxious weeds growing on his land so often in each and every year as is sufficient to prevent the ripening of their seed, duty. 4. It shall be the duty of the inspector to give, or Inspector's cause to be given, notice in writing to the owner or occupant of any land within the weed district whereon any noxious weeds are growing and in danger of going to seed (and in case of property of a railway company the notice shall be given to the nearest railway section foreman of the company), requiring him to cause the same to be cut down or destroyed within not less than five days from the service of the notice, and such notice shall be given by such inspector when and so often as may be necessary to prevent the ripening of the seed of any such noxious weeds. growing crops or burning of straw after 5. In case the inspector shall discover that noxious Destruction of weeds exist on land on which a crop has been sown it shall be optional for the inspector to order the growing threshing crop to be destroyed or notify the owner or occupant in writing to burn the straw grown upon said land within ten days after he shall have threshed said crop. 6. In case such owner or occupant of any land, or if it be railway property then the railway section foreman, upon whom such notice has been served, refuses or neglects to cut down or destroy, or t cause to be cut down and destroyed, any of the said noxious weeds within the time specified in such notice, and if such noxious weeds are not cut down and destroyed within the specified time, the owner or occupant or section foreman shall, on summary conviction before a justice of the peace, be liable for each offence to a fine not exceeding $100, together with the costs of prosecution, and in default of the payment thereof the person so convicted may be imprisoned in the nearest lock-up or common gaol for any term not exceeding thirty days, unless such fine and costs, together with costs of prosecution, be sooner paid. Penalty for refusal to neglect or destroy weeds. duty where 7. In the case of non-resident lands the inspector Inspector's may notify the owner thereof, requiring him to cut land is not down and destroy, or cause to be cut down and destroyed, all noxious weeds growing upon said, lands occupied. Penalty for neglect of or refusal to perform duty by inspector. Penalty for selling seed containing seeds of within not less than five days, and if such noxious weeds are not cut down and destroyed within the specified time, the inspector may enter upon the lands and cause such noxious weeds to be cut down and destroyed, and the expenses so incurred may be recovered from such owner by an action at law, to be brought in the name of the inspector. 8. Every inspector who refuses or neglects to discharge the duties imposed upon him by this Ordinance shall conviction be liable to a fine of not more upon than twenty dollars. 9. Any person who sells, or offers to sell, any grass, clover or other seed or any seed grain among which noxious weeds there is seed of any noxious weed, shall for every such offence upon conviction be liable to a fine of not more than $100. Germinating qualities of seeds of 10. Any person selling or otherwise disposing of any cleanings or other refuse containing seeds of in elevators or noxious weeds from any elevator or mill, without first noxious weeds mills to be destroyed. Ordinance No. 36 of 1892 repealed. Application of Ordinance No. 9 of 1893 and amendments. destroying the germinating qualities of such seed of noxious weeds, shall be liable to a penalty of not less than twenty-five dollars nor more than one hundred dollars. 11. Ordinance No. 36 of 1892 and the amendments thereto, are hereby repealed. 12. The provisions of Ordinance No. 9 of 1893 and and any amendments thereto shall not apply within any noxious weed district erected under this Ordinance. NO. 18 OF 1896. AM ORDINANCE RESPECTING THE USE OF [Assented to October 30, 1896.] The Lieutenant-Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows: tobacco minor under 1. Any person who, either directly or indirectly, Sale of sells or gives or furnishes to a minor under sixteen prohibited to years of age, cigarettes, cigars or tobacco in any form, sixteen years shall on summary conviction thereof before a justice of age. of the peace be subject to a penalty of not less than one dollar or more than ten dollars with or without costs of prosecution, or to imprisonment with or without hard labour for any term not exceeding ten days, or to both fine with or without costs and imprisonment to the said amount and for the said term, in the discretion of the convicting magistrate; and in case of a fine or a fine and costs being awarded and of the same not being upon conviction forthwith paid, the justice may commit the offender to the common gaol there to be imprisoned for any term not exceeding ten days unless the fine and costs are sooner paid. written 2. This Ordinance shall not apply to a sale to the Except on minor under a written request or order of his parent, request of lawful guardian or employer. parent, etc. of age. 3. A person who shall appear to the magistrate to Presumption be under sixteen years of age shall be presumed to be under that age unless it is shewn by evidence that he is in fact over that age. 4. Any person, except as provided in clause 2 of Penalty for procuring this Ordinance, to whom the sale of tobacco has been tobacco by prohibited under section 1 of this Ordinance, who minor. either directly or indirectly in any way procures or Ordinance to permits the sale, disposal, gift or delivery to him by any person of any cigarettes, cigars or tobacco in any form shall be liable on a summary conviction to a fine of not more than two dollars, and in default of payment to imprisonment for not more than one month. Limitation of 5. The provisions of this Ordinance shall only municipalities apply to municipalities and villages incorporated under The Village Ordinance 1895. and villages. Date of effect 6 This Ordinance shall go into effect on the first day of January, 1897. |