Diseases in Vines Act 1881 (WA)

WESTERN AUSTRALIA.

ANNO QUADRAGESIMO QUINTO

VICTORIA] IR EGIN2E.

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No. VIII.

AN ACT for the Prevention and Eradication

of Diseases in Vines.

[ Assented to, 16th September, 188 1. ]

\ITHEREAS it is expedient to provide for the prevention and

eradication of Diseases in Vines : Be it therefore enacted by His Excellency the Governor of Western Australia and its Depend- encies, by and with the advice and consent of the Legislative Council thereof, as follows:— i

I rms Act may be cited for all purposes as " The Diseases in Short title.

Vines Act, 1881."

2 THE Governor may from time to time appoint such persons Appointment of inspectors ;

as he may deem fit to be inspectors of vineyards ; and every such who may enter upon vine-

persons and his assistants may, without notice, enter at all reasonable yards'

hours in the day-time into and upon any lands and tenements

(in this Act called vineyards), on or in which any grape vines may

be planted or growing, whether enclosed or not, for the purpose of

ascertaining

45° ITICTORIAR, No. 8.

Thseases in Vines.

ascertaining whether any such vines are infected with any disease or disorder detrimental to their health and growth ; and no inspector or his assistants shall be deemed to be trespassers by reason of any such entry, or be liable for any damage occasioned in the carrying out of this Act, unless the same was occasioned wilfully and without necessity.

3 IF any inspector is of opinion that any such disease as afore-

Inspector to make report if said exists in any vineyard he shall report the same in writing todisease be found to Sti- ,

pendiary Magistrate, who the Stipendiary Magistrate of the District in which such vineyard may direct remedy to be is situated, and in such report shall state what in his opinion theused.

disease is, as well as his opinion as to the most desirable means to adopt to effect its cure, in which case it shall be lawful for the Stipendiary Magistrate to whom the report aforesaid has been made to call upon the occupier of such vineyard to take such measures as the said Stipendiary Magistrate may deem efficient for the cure of such disease, whether by the use of sulphur or other known remedy, or by the priming of the grape vines in such vineyard, or otherwise as the case shall to him seem to require; Provided, nevertheless, that such measures shall aim at the restoration to health of the vines affected by disease, and not at their destruction.

4 IN every case where a Stipendiary Magistrate under the

Magistrate to give necessary provisions of the preceding section shall call upon the occupier of a.

instructions m writing to

occupier. vineyard in which disease shall be found to exist, to take measures for the cure of such disease he shall do so in writing, setting forth the measures to be adopted, and instructing the said occupier to carry them into effect.

5 IF the occupier of any vineyard shall neglect or omit to carry

inspector may carry oat .such time as shall be specified therein, it shall be lawful for the	on neglect by occupier, out such instructions as he shall have received as aforesaid within
such

Stipendiary Magistrate who shall have given such instructions, by writing under his hand, to authorise any inspector, together with such assistants as he, the said Stipendiary Magistrate, , may deem neces- sary, to enter upon the premises of such occupier at all reasonable times, and to perform all acts and things required to be performed by such instructions so neglected or omitted to be carried out as aforesaid.

6 ALL expenses incurred by any Stipendiary Magistrate in

Expenses recovered sum- carrying out the provisions of the preceding section in regard of any manly. vineyard may be recovered in a summary way before any Justice

or Justices of the Peace on the complaint of an inspector.

45° VICTORI}E, No. 8.

Diseases in Vines.

7 NOTHING in this Act contained shill prevent a tenant from between

making any agreement with his landlord, whereby such tenant shall Mutual agreement

be enabled to recover from his landlord any expenses which he may tenant and landlord,

have incurred in carrying out the instructions of a Stipendiary

Magistrate under the provisions of this Act.

8 THE words " Stipendiary Magistrate " wherever used in this Definition " Stipendiary a

Act shall be construed to mean any Government Resident, Resident

Magistrate, or Police Magistrate, and the term " District " shall trier"	an	is-
mean the district of any Government Resident, Resident Magistrate, or1:Police Magistrate.

Ordinance, 1853," shall be incorporated with and taken to form a 9 SECTIONS A, C, F, G, and H of " The Shortening shortening Ordinance.

part of this Act, to all intents and purposes and in as full and complete a manner as if the same had been introduced and fully set forth in this Act.

10 THIS Act shall continue in force, unless sooner repealed, Duration of Act.

until the 1st day of September, 1885.

In the name and on behalf a the Queen I hereby assent

to this Act.

WILLIAM C. F. ROBINSON, Governor.

By Authority : RICHARD PETEER, Government Printer, Perth.