40 



• 



to burn the trees so marked as hereiuljefore directed; and in case of friiit so infected 

 such notice shall require the person in whose possession it is found to immediately 

 destroy the same. 



7. In case any owner or occupier refuses or neglects to destroy such diseased trees 

 or fruit after such examination and notification he shall, ux>on couA-iction, be liable 

 to a fine of not less than five dollars nor more than twenty dollars, for every such 

 offense. 



8. Every offense against the provisions of this act shall be punished, and the pen- 

 alty imposed for each ofiense shall be recovered and levied, on summary conviction, 

 before any justice of the peace, and all fines collected shall be paid as follows : One- 

 half to the person laying the information or complaint, and the residue to the 

 treasurer of the municipality in which the offense is committed, for the use of the 

 municipality. 



Assented to, March 4, 1881. 



This act was repealed in 1884, the following taking its place : ^ 



AX ACT to prevent the spread of noxious weeds and of diseases affecting fruit trees. 



1. [This section repeals former acts.] 



2. It shall be the duty of every owner of land, or the occupier thereof, if the owner 

 is not resident within the local municipality Avherein the same is situated (1) to cut 

 down or destroy all the Canada thistles, ox-eye daisies, wild oats, ragweed, and 

 burdock growing on his land to which this act may be extended by by-law of the 

 municipality, so often each and every year as is sufficient to prevent the ripening of 

 their seed; (2) to cut out and burn all the black knot found ,on plum or cherry trees 

 on his land, so often each and every year as it shall appear on such trees; and (3) to 

 cnt down and burn any peach, nectarine, or other trees on his land infected with the 

 disease known as the yellows, and to destroy all the fruit of trees so infected. 



3. The council of any city, town, township, or incorporated village, may by. by- 

 laws extend the operation of this act to any other weed or weeds, or to any other 

 disease of fruit trees or fruit which they declare to be noxious to husbandry or gar- 

 dening in the municipality; and all the provisions of this act shall apply to such 

 noxious weeds and diseases as if the same were herein enumerated. 



Any such council may, and upon a petition of fifty or more ratepayers shall, appoint 

 at least one inspector to enforce the provisions of this act in the municipality, and 

 fix the amount of remuneration, fees, or charge he is to receive for the performance 

 of his duties; and in case a vacancy shall occur in the office of inspector, it shall 

 be the duty of the council to fill the same forthwith.- 



[Paragraph 3 provides that the council of any township may exempt waste or 

 unoccupied lands.] 



[Sections 4, 5, 6, 7, and 8 relate entirely to weeds.] 



9. If written complaint be made to the inspector that yellows or black knot exist 

 within the municipality, or in any loca.lity described in such complaint with reason- 

 able certainty, he shall proceed to examine the fruit trees in such locality, and if 

 satisfied of the j^resence of either disease he shall immediately give notice in writing 

 to the owner or occupant of the land whereon the aflected trees are growing, requir- 

 ing him within five days from the receipt of said notice to deal with such trees in 

 the manner provided by section 2 of this act. 



10. Any owner or occupant of land who refuses or neglects to cut down or destroy 

 any of the said noxious weeds, after notice given by the inspector as jirovided by 



1 statutes of Ontario, Canada, 47th Victoria. 1884, Chapter XXXVII, p. 119. 

 2In 1890 this section was amended by the followino- addition ; 



4. The council may pass a by-law dividing the municipality into such sections or divisions as may 

 be necessary for the carrying out of this act, and may appoint inspectors for such divisions, wliose 

 duties and powers shall in all respects be the same as that of the township inspector. (53rd Vic- 

 toria, Chapter LIX, p. 140.) 



