The Short Title of this Act shall be “The Napier Swamp Nuisance Act, 1875.”

It shall be lawful for the said Corporation at any time within two years after the passing of this Act, to enter upon any of the parcels of land specified in the Schedule of this Act for the purpose of filling in and reclaiming the same: Provided always, that before entering upon the said parcels of land notice in writing shall be served upon the owner or owners of the said lands personally, or through the ordinary course of post, addressed to his or their last-known place or places of residence in the Colony of New Zealand, or in the event of his or their absence from the said colony, shall be so served upon or posted addressed to his or their authorized agent or agents: Provided always, that if such owner or owners cannot be ascertained, or in case such owner or owners shall be absent from the colony without having left any authorized agent, it shall be sufficient if such notice be published twice in the Government Gazette of the said Province of Hawke’s Bay, and twice in one newspaper published in the Town of Napier.

The said Corporation shall be entitled to recover the actual cost of filling in and reclaiming his or their said land, together with interest thereon after the rate of six pounds per centum per annum, and such actual cost and interest after deducting the expense of filling in and reclaiming the streets marked on the official plan of the Town of Napier as intersecting the several parcels of land described in Schedule I. to this Act, shall in each and every case be recoverable by sale of the same land after notice of such sale shall have been given six months previously in the New Zealand Gazette, and in one newspaper published in the Town of Napier. The amount of such cost shall be ascertained and certified in each case by the Resident Magistrate and Collector of Customs at Napier, and their certificate in favour of the said Corporation may be registered as a charge upon the land mentioned therein. The amount to be paid by each of the owners of the said lands shall be in proportion to the quantity of material used in filling in their respective parcels of land.

For the purpose of registration, the memorial may be in the form in Schedule II. hereto.