shall forfeit and pay for every such offence any sum not exceeding twenty shillings and if such dog be destroyed shall pay to the owner of the same the full value thereof and also forfeit and pay a penalty not exceeding five pounds.

All moneys to be paid to treasurer or other officer appointed.

71. All moneys raised by virtue of this Act in respect of that part of the Act headed “As to nuisances caused by dogs” shall be paid to the Treasurer or other officer appointed for that purpose by the several Boards of Highway Trustees of the several Highway districts created under this Act and shall after payment of expenses be applied for the general purposes of this Act and in the respective Districts.

Half of fines and penalties to be paid to informer or prosecutor.

72. One-half of all fines and penalties received under this Act shall be paid to the Informer or Prosecutor if the convicting Justice shall so direct.

Ownership of dog.

73. The owner of any dog shall for the purpose of this Act be deemed to be the person upon whose premises such dog may be kept or the person in whose care such dog may temporarily be whether loose or confined.

Nomination of constables.

74. It shall be lawful for each Highway Board of Trustees of the respective Districts either separately or in conjunction with others to nominate one or more constables for the approval of the Superintendent for the purpose of carrying out the provisions of this Act and laying all such informations or complaints as may be necessary for enforcing the provisions thereof and generally to do and perform all the duties of a police constable especially for the carrying out the provisions of the Rural Police Act 1866.

Date of Act coming into operation.

75. For the purposes of rating this Act shall be deemed to be in operation from the first day of October 1869 And all rates levied thereby shall be deemed to be due and payable on the day aforesaid for all other purposes of this Act the same shall come into operation on the passing thereof.

Power to make byelaws and regulations.

76. The several Boards of Trustees created under this Act may from time to time make such Bye-Laws rules and regulations for more effectually carrying out the provisions of this Act as they shall think fit provided that the same shall be first approved of by the Superintendent and his Executive Council and the same shall not take effect until the expiration of one month after they shall be published in the Provincial Government Gazette such rules shall enable each Highway District to make regulations for preventing the straying of cattle horses and pigs on the public highways within such respective Districts.

Penalty for breach of regulations.

77. Any person who shall be guilty of a breach of such regulations shall be liable to a penalty not exceeding five pounds to be recovered in a summary way.

Interpretation.

78. Nothing in this Act contained shall be construed so as to affect the past operation of the following Acts of the Auckland Provincial Legislature viz. The Highways Act 1867 The Thistle Act 1858 The Weeds and Watercourses Act 1866 and The Dog Nuisance Act 1854 or the validity or invalidity of anything done or suffered or any right title obligation or liability accrued under these Acts before the commencement of this Act.

SCHEDULE I.

Acts repealed—

Highways Act, 1867.

Thistle Act, 1858.

The Dog Nuisance Act 1854, as limited by clause 2.

The Weeds and Watercourses Act, 1866.

SCHEDULE II.

NOTICE TO CLEANSE DITCHES, &C., PURSUANT TO CLAUSE 46.

To Mr.

Take notice that you have failed to comply with the provisions of clause 43 44 45 (as the case may be) by not (state the nature of the complaint) And take further notice that unless you (state what is required to be done) within ten days from the service hereof upon you I shall proceed against you according to law.

Dated this day of ____ 186.

N.B. The land or highway referred to in the above notice is situate (describe the situation of land).

NOTICE AS REGARDS ABSENTEES OR UNKNOWN PROPRIETORS.

Whereas certain noxious thistles (or as the case may be) are growing on land in ___ district the owner of which land cannot be ascertained by reasonable inquiry.

This is to give notice that if the Thistles (or as the case may be) are not eradicated or destroyed within four weeks after the publication of this notice as required by law the said Thistles (or as the case may be) will be destroyed according to the provisions of the said Act and an order applied for under the said Act to charge the expenses on the said land.

Dated this day of ____ 186.

N.B. The land referred to in the above notice is situated (describe the situation of the land.)