Page:Halsbury Laws of England v1 1907.pdf/502

 — Agricultuee.

280

Sect. 3. bushes, or shrubs. The railway company, however, exercising these Destruction powers must make full compensation to the person injuriously by Railway affected thereby for all damage, including loss of amenity. SuciEi Fires.

compensation

will

justices in the

be determined, in case

manner provided by

Consolidation Act, 1845 Sect. 4. Prevention of importation of pests.

s.

of

24

difference,

by two

Lands Clauses

of the

{t).

Destructive Insects, Fungi, and Pests.

612. The Board of Agriculture and Fisheries may make such orders as they think expedient for preventing the introduction into Great Britain of any insect, fungus, or other pest destructive to agricultural or horticultural crops or to trees or bushes and any such order may prohibit or regulate the landing in Great Britain of any vegetable substance, or other articles, the landing of which may a^ppear likely to introduce such pests, and may direct or authorise the destruction of any such article, if landed. Any goods landed or attempted to be landed in contravention of such order may be forfeited, and the person offending is liable to such penalties as are imposed on persons importing goods prohibited by the Customs Acts (a). The Board may also make orders for preventing the spreading of destructive insects, fungi, or pests, and by any such order may direct or authorise the removal or destruction of any crops, trees, or bushes on which they are found in any stage of existence, or to or by which they may appear likely to spread and may prohibit the keeping, selling, or exposing or offering for sale, or the distribution of any living specimens of such insects, fungi, or and may impose penalties not exceeding ^OlO for any offence pests against such order, to be recovered summarily (b).

Eemoval or destruction of tainted crops etc.





Compensation for crops etc.

removed

or destroyed.

613.

When any

order of the Board directs or authorises

the

removal or destruction of any crops, trees, or bushes, the Board may authorise, or, with the consent of the local authority, may direct, payment by the local authority of compensation for such crops, trees, or bushes, subject as follows in the case of crops, bushes on which the destructive pests are found in any stage of existence, compensation is not to exceed one-half, and in other cases is not to exceed three-fourths of the value of the crops,

trees, or

which in each case is to be taken to be the value in ordinary circumstances they would have had at the time of their removal or destruction. The local authority may require the value to be ascertained by their officers or by arbitration (c).

trees, or bushes,

which

Local authorities.

614. The local authorities for executing these provisions, with their respective districts, local rates, clerks and committees, are {t)

Eailway Fires Act, 1905

(5

Edw.

7, c. 11), ss. 2, 5.

See

title

Compulsory

PUECHASE AND COMPENSATION-. (a)

Destructive Insects Act, 1877 (40

&

41 Yict.

c. 68), s. 1,

as extended

and

amended by the Destructive Insects and Pests Act, 1907 (7 Edw. 7, c. 4), s. 1 (1). The former Act applied only to the Colorado beetle [Doryphora decemlineata). The Board of Agriculture and Fisheries was substituted for the Privy Council in this Act by the operation of the Board of Agriculture Act, 1889 (52 & 53 Yict. c.'30), and the Board of Agriculture and Fisheries Act, 1903 (3 Edw. 7, c. 31). For the provisions of the Customs Acts, see title Revenue. {h) {c)

Destructive Insects Act, 1877 (40 s. 3. See note (a), supra.

Ibid.,

&

41 Vict.

c.

68),

s. 2.

See previous note.