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Penalty for injuring shade

ine between

or who cuts down or removes any such tree without having first obtained permission so to do by special resolution of the council of the municipality, shall, upon conviction thereof before a Justice of the Peace, forfeit and pay such sum of money, not exceeding $25 besides costs, as such Justice may award, and in default of payment the same may be levied of the goods and chattels of the person offending, or such person may be imprisoned in the cominon gaol of the county within which the municipality is situate for a period not exceeding thirty days.

(2) One half of such fine shall go to the person laying the information, and the other half to the municipality within which such tree was growing. 46 V. c. 26, s. 9.

9. Any person who ties or fastens any animal to, or inor ornamental jures or destroys any tree growing for the purposes of shade or trees growing ornament upon any boundary line between farms or lots or, on boundary who suffers or permits any animal in his charge to injure or farms or lots. destroy or who cuts down or removes any such tree, without the consent of the owner or owners of such tree, shall be subject to the like penalties and liable to be proceeded against and dealt with as provided in the preceding section. 47 V. c. S. 2.

By-laws respecting trees on highways.

36,

10. The council of every municipality may pass by-laws :
1. To regulate the planting of trees upon the public high-

way;

2. To prohibit the planting upon the public highways of any species of trees which they may deem unsuited for that

purpose;

3. To provide for the removal of trees which may be planted on the public highway contrary to the provisions of any such by-law. 46 V. c. 26, s. 10.

6. NOXIOUS WEEDS AND DISEASES AFFECTING FRUIT TREES.

CHAP. 202.-TO PREVENT THE SPREAD OF NOXIOUS WEEDS AND DISEASES
AFFECTING FRUIT TREES, p. 2249.

CHAPTER 202.

An Act to prevent the spread of Noxious Weeds, and of Diseases affecting Fruit Trees.

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HE

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

tion.

1. Where used in this Act the term " non-resident land" Interpretashall apply to all lands which are unoccupied, and the owner of Non-resi which is not resident within the municipality, and the term dent land." "resident lands" shall apply to all lands which are occupied or lands." which are owned by persons resident within the municipality. 47 V. c. 37, s. 13.

"Resident

2. It shall be the duty of every owner of land, or the occu- Duty of pant thereof if the owner is not resident within the local owners and municipality wherein the same is situate

1. To cut down or destroy all the Canada thistles, ox-eye daisy, wild oats, rag-weed and burdock growing on his land, and all other noxious weeds 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

occupants as to destruction of weeds, etc.

Operation of Act may be extended.

Appointment of Inspector.

waste or unoc

3. To cut 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. 47 V. c. 37, s. 2.

3.--(1) The council of any city, town, township, or incorporated village may, by by-law, 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 gardening 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.

(2) 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 charges 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.

Exemption of (3) The council of any township in which there are any cupied lands, large tracts or blocks of waste or unoccupied land, may upon the petition of not less than thirty ratepayers, by by-law, suspend the operation of this Act, in respect of such waste or unoccupied lands; the by-law to define with sufficient clearness the tracts or blocks of land so exempted; such by-law to remain in force until repealed by such council; and until repealed the lands therein described shall be exempt from the operation of this Act. 47 V. c. 37, s. 3.

Duty of
Inspector.

4.-(1) It shall be the duty of the inspector to give or cause to be given notice in writing to the owner or occupant of any land within the municipality whereon the said noxious weeds are growing and in danger of going to seed (and in the case of property of a railway company, the notice shall be given to any station master of the company resident in or nearest to the municipality), requiring him to cause the same to be cut down or destroyed within ten days from the service of the notice; and it shall be the duty of the inspector to give or cause to be given such notice for the first time not later than the 10th day of July in each year, or such other earlier date as may be fixed by by-law of the municipality.

(2) In case such owner or occupant of land (or, if it be railway property, then the station master upon whom notice has been served) refuses or neglects to cut down or destroy all or any of the said noxious weeds within the period aforesaid, the inspector shall enter upon the land and cause such weeds to be cut down or destroyed with as little damage to growing crops as may be, and he shall not be liable to be sued therefor; or the inspector, instead of entering upon the land and causing such weeds to be cut down or destroyed, may lay information before any Justice of the Peace as to such

refusal or neglect, and such owner or occupant shall, upon conviction, be liable to the penalties imposed by section 10 of this Act.

(3) But no inspector shall have power to cut down or destroy noxious weeds on any land sown with grain; and where such noxious weeds are growing upon non-resident lands it shall not be necessary to give any notice before proceeding to cut down or destroy the same. 47 V. c. 37, s. 4.

expenses and

thereof.

5.-(1) The inspector shall keep an accurate account of Account of Inspector's the expense incurred by him in carrying out the provisions of the preceding sections of this Act with respect to each parcel payment of land entered upon therefor, and shall deliver a statement of such expenses, describing the land entered upon, and verified by oath, to the owner or occupant of resident lands, requiring him to pay the amount.

(2) If any owner or occupant of land amenable under the provisions of this Act deems such expense excessive, an appeal may be had to the said council (if made within thirty days after the delivery of such statement), and the said council shall determine the matter in dispute.

(3) In case the owner or occupant of resident lands refuses or neglects to pay the same within thirty days after such request for payment, the said claim shall be presented to the council of the municipality in which such expense was incurred, and the said council is hereby authorized and required to audit and allow such claim, and order the same to be paid from the fund for general purposes of the said municipality. 47 V. c. 37, s. 5.

to expenses in

6. The inspector shall also present to the said council Provisions as a similar statement, verified by oath, of the expenses incurred case of nonby him in carrying out the provisions of this Act upon any resident land. non-resident lands; 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.

47 V. c. 37, s. 6.

expenses by

7. The council of the municipality shall cause all such sums Collection of as have been so allowed and paid by the council under the sums paid for provisions of this Act to be by the clerk severally placed upon municipality. the collector's roll of the municipality against the lands described in the statement of the inspector, and to be collected in the same manner as other taxes imposed by by-laws of the municipality. 47 V. c. 37, s. 7.

special com

8. If written complaint be made to the inspector that yel- Duty of Inlows or black-knot exist within the municipality, in any locality spector on described in such complaint, with reasonable certainty, he shall plaint. proceed to examine the fruit trees in such locality, and if satisfied of the presence of either disease he shall immediately give notice in writing to the owner or occupant of the land whereon

Duty of over

ways.

the affected trees are growing, requiring him within five days from the receipt of the notice to deal with such trees in the manner provided by section 2 of this Act. 47 V. c. 37, s. 9.

9. It shall be the duty of the overseers of highways in any seers of high- municipality to see that the provisions of this Act relating to noxious weeds are carried out within their respective highway divisions by cutting down or destroying or causing to be cut down or destroyed at the proper times to prevent the ripening of their seed, all the noxious weeds growing on the highways or road allowances within their respective divisions; such work to be performed as part of the ordinary statute labour, or to be paid for at a reasonable rate by the treasurer of the municipality, as the council of the municipality may direct. 47 V. c. 37, s. 8.

Penalties.

Recovery and application of penalties.

Municipalities

to require offi

10.—(1) 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 provided by section 4, or who knowingly suffers any of the said noxious weeds to grow thereon, and the seed to ripen so as to cause or endanger the spread thereof, or who suffers any black-knot to remain on plum or cherry trees, or keeps any peach, nectarine or other trees infected with yellows or the fruit of trees so infected, shall upon conviction be liable to a fine of not less than $5 nor more than $20 for every such offence.

(2) Any person who knowingly sells or offers to sell any grass, clover or other seed, or any seed grain among which there is seed of Canada thistles, ox-eye daisy, wild oats, rag-weed, burdock or wild mustard shall, for every such offence, upon conviction, be liable to a fine of not less than $5 nor more than $20.

(3) Any person who knowingly offers for sale or shipment or sells or ships the fruit of trees infected with yellows shall, upon conviction, be liable to a fine of not less than $5 nor more than $20.

(4) Every inspector, overseer of highways, or other officer, who refuses or neglects to discharge the duties imposed on him by this Act shall, upon conviction, be liable to a fine of not less than $10 nor more than $20. 47 V. c. 37, s. 10.

11. Every offence against the provisions of this Act shall be punished and the penalty imposed for each offence shall be recovered and levied, on summary conviction, before any Justice of the Peace; and all fines imposed shall be paid to the treasurer of the municipality in which the offence is committed, for the use of the municipality. 47 V. c. 37, s. 11.

12. The council of every municipality in Ontario shall recers to enforce quire its inspector, overseer of highways and other officers to faithfully discharge all their duties under this Act. 47 V. c. 37, s. 12.

Act.

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