Cattle Diseases Prevention Act 1866 No 22a (NSW)

No. XI

An Act to prevent the introduction or propaga­ tion of Infectious or Contagious Diseases amongst Cattle and other Animals. [4:th October, 1866.]

WH E R E A S it is expedient to prevent the introduction into or propagation within the Colony of all infections or contagious	diseases to which cattle or other animals are or may be subject and
for that purpose to regulate and control the importation and intro­ duction of all such animals and to ensure their destruction in certain cases Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :—
1. In the construction of this Act " Governor" shall mean the Governor with the advice of the Executive Council.

" Australian Colonies" shall include only those Colonies of Great Britain situate in the island known as Australia or New Holland and Tasmania.

" Minister " shall mean the Minister charged with the adminis­ tration of this Act and the Minister for Lands shall be such Minister.

" I n s p e c t o r " shall mean the Chief or any Inspector duly

appointed under this Act or under the Cattle Export Act
or any Scab in Sheep or Diseases in Sheep Act.

" Mas te r " shall mean the master of any vessel or other person in his absence or in his stead temporarily in charge of such vessel.

" Owner" shall mean any owner or proprietor whether jointly or in severalty superintendent or person in possession or charge of any cattle or other animals or the agent of any owner.

under.

" Market va lue" shall mean the value of any cattle animals or property calculated as at the run or premises whore such cattle animals or property may be when ordered to be destroyed.

" R u n " shall mean any station farm paddock yard or other

place where cattle or other animals graze or are kept.

" Premises" shall mean any building outhouse shed stable stall pen or enclosure—other than such as are above enumerated under the word " run "—in which cattle or other animals are or have been kept.

" Cattle " shall mean bull cow ox heifer or calf—and " animals "

shall mean cattle as above defined sheep goats and swine.

" Destroy" shall mean entirely to consume by fire or to slaughter and bury at a depth of not less than six feet under ground.
" This A c t " shall mean in addition to the enactments herein
contained any regulations or proclamations made here­

2. I t shall be lawful for the Governor to appoint a Chief and other Inspectors to carry out the provisions of this Act and all Inspectors appointed or that may hereafter be appointed under any Scab in Sheep Diseases in Sheep or Cattle Export Acts in force for the time being shall be Inspectors hereunder and shall so far as may be deemed necessary and applicable hereto exercise as Inspectors here­ under all powers and authorities which under such last-mentioned Acts or any Acts amending the same they now are or may hereafter be empowered to exercise.

3. No cattle or other animals as aforesaid stalls stall-fittings fodder litter manure or other substance matter or thing whatsoever that has been used with or about such cattle or animals or been found in such stalls shall be imported landed or otherwise introduced into or upon the Territory of New South Wales unless it shall be proved to the satisfaction of the Inspector or other person authorized by the Minister to act in that behalf that such cattle or animals have not within the next preceding six months been at any place other than the Australian Colonies Provided always that any Australian Colony may by proclamation by the Governor be for the purposes of this Act excluded from the number of Australian Colonies whence cattle or other animals may be introduced into the Colony of New South Wales and thereupon such Colony shall be excluded accordingly until such proclamation shall have been withdrawn or rescinded.

4. The Officer of Customs who shall board and take charge of any vessel upon arrival at any port or place in the Colony shall immediately upon his going on board such vessel require the master to sign one or other of the declarations in Schedule A hereto and in the event of his refusal shall as expeditiously as possible notify the fact of such refusal to the Collector or Chief Officer of Customs of the port or place of arrival of such vessel and also to the nearest Inspector and shall cause such vessel together with her crew passengers and cargo to be detained and shall prevent any communication being held with such vessel from the shore until the arrival on board of the Inspector or some person duly authorized in that behalf by the Minister and if such vessel is bound for the port of Sydney he shall prevent her from proceeding beyond Fort Denison.

5. The Collector or Chief Officer of Customs of the port or
place of arrival of such vessel upon the receipt of any such notifica­

tion or report as in the next preceding section mentioned shall

receipt thereof instruct the Inspector or some other person to	forward the same to the Minister who shall immediately upon
proceed on board any vessel so detained as aforesaid and ascertain by examination and inspection whether there is reasonable ground for ordering such vessel to be placed in quarantine by reason of her having or having had on board cattle or other animals herein­ before prohibited and to report thereupon to him the said Minister and the said Minister may order such vessel to be placed in quarantine or may release her from detention as in his judgment may seem requisite under the circumstances.
6. The owner of any cattle or other animals whatsoever infected with "The Cattle Plague" otherwise known as "Rinderpest" or "The Foot and Mouth Disease " otherwise known as "Vesicular Aphtha" shall immediately upon the existence of such infection becoming known to him give notification thereof in writing to the nearest Inspector to be left at his residence or transmitted by registered letter and such Inspector shall thereupon place in quarantine such infected cattle or animals and any run or premises infected by them and the owner upon the Inspector's written notice shall cause all the cattle

or

or animals specified in such notice to be destroyed and any premises stalls stall-fittings or other articles therein specified to be disinfected in manner therein directed.

7. Any Inspector suspecting that any cattle or other animals whatsoever are infected as aforesaid shall forthwith examine such cattle or animals and if he shall find them to be so infected such Inspector shall place such cattle or animals and any run or premises infected by them in quarantine and shall give written notice thereof to the owner and require him to destroy such cattle or animals and to disinfect the premises occupied or infected by them in like manner as in the next preceding section described.
8. I t shall be lawful for the Inspector in any case to require the owner to destroy all stall-fittings fodder litter manure or other things which in his the said Inspector's opinion are infected with or in any way capable of transmitting either of the before-mentioned diseases by contagion or otherwise.

9. Upon any person failing to comply with any order of destruction or of disinfection given by an Inspector such Inspector shall carry out such destruction or disinfection at such person's expense.

10. Upon any cattle or other animals or property being destroyed or prevented from being landed in compliance with the provisions of this Act the owner of such cattle animals or property may within one month after the date of their destruction or prevention from landing make an application for compensation for such cattle animals or property in the form of Schedule B hereto to the Court of Petty Sessions nearest to the run or premises or place where such destruction or prevention from landing took place by delivering such application at the residence of the Clerk of such Court or trans­ mitting the same by registered letter to his address And upon the receipt by such Clerk of such application such Court shall appoint a day and hour not sooner than five nor later than fourteen days thereafter for the hearing of such application of which day and hour due notice shall be given to the applicant to the Inspector mentioned in such application and to any witnesses whose evidence may be required by personal service of such notice upon each such person or by leaving the same at his residence And upon the day so appointed inquiry shall be made in open Court touching the destruction or prevention from landing of such cattle animals or property and in cases of destruction their fair market value immediately before infec­ tion and in cases of prevention from landing the loss or injury thereby	sustained and such Court shall have authority to hear and determine	every such matter to hear receive and examine evidence summon wit­
nesses administer oaths and otherwise to act in that behalf as if the said inquiry were a proceeding instituted before such Court by way of summons issued upon application of the said owner and directed to the said Inspector And the assessment of such compensation by the Court in cases of destruction shall not exceed two-thirds of such valuation.

11. The said Court shall upon the determination of such

inquiry sign and give to the owner so applying as aforesaid a certifi­ cate under the hands and seals of the Justices before whom such inquiry was held according to the form in Schedule C hereto of the destruction or prevention from landing of and of the amount of com­ pensation assessed But no certificate shall in any case be given if it shall appear to such Court that such owner has not complied with all the provisions of this Act.

12. Upon the presentation or transmission to the Colonial
Treasurer of such certificate so signed as aforesaid and approved by

the Minister there shall be paid to the said owner or his order

D under

under warrant of the Governor out of the Cattle Diseases Fund hereinafter mentioned or in the event of such fund being inadequate out of the Consolidated Revenue the amount of compensation so assessed as aforesaid.

13. A special fund to be called the "Cattle Diseases Fund" shall be raised by annual contributions from all owners of cattle possessed of at least twenty-four head at the rate of one half-penny per head and such contributions shall be levied collected enforced and recovered as far as possible in the same manner and at the same time as contri­ butions under the Scab in Sheep Act or Diseases in Sheep Act in force for the time being and all such contributions shall be paid in each year to the Colonial Treasurer or to such other person as shall be authorized by regulations hereunder to receive such contributions and shall be carried over to the Consolidated Revenue Fund to the credit of the said Cattle Diseases Fund Account Provided that if at any time it shall appear upon balancing such account that the moneys so carried over exceed the requirements of this Act the Governor may reduce or remit such contributions for any period to be specified by proclamation in the Gazette.

14. All owners of cattle liable to contribution hereunder shall on or before the first day of January in each year deliver personally or transmit by registered letter to the Clerk of Petty Sessions nearest to the run or premises in which such cattle then are a return thereof accompanied by a declaration made before a Justice according to the form in Schedule D hereto And any owner failing to make such return shall incur a penalty not exceeding twenty pounds and a further penalty of a like amount for each several failure or neglect after notice by the Inspector Provided that no second or subsequent conviction shall be until one month after the preceding conviction.
15. The said Clerk of Petty Sessions shall thereupon make and transmit to the Colonial Treasurer such returns with respect to such contributions and the Colonial Treasurer and the said Clerk of Petty Sessions shall respectively execute and perform all such other duties for the purposes of this Act as are mutatis mutandis directed under the Acts twenty-seven Victoria number six twenty-nine Victoria number thirteen and any Act amending or repealing the same.
16. The Governor may from time to time as occasion shall require make all necessary regulations for carrying out the provisions of this Act—

(1.) As to the removal or destruction of cattle animals and

other matters hereby authorized to be removed or destroyed

(2.) As to the detaining of vessels and placing them in

quarantine

(3.) As to the placing of runs premises places and animals in

quarantine

(4.) As to the measures required for preventing the introduc­

tion of cattle or other animals as aforesaid by land

(5.) As to the cleansing and disinfection of any premises stalls stall-fittings enclosures and other matters articles and things hereinbefore mentioned
(6.) As to the mode of collection and of payment of con­ tributions leviable hereunder And generally as to all other matters of detail necessary for giving effect to the provi­ sions of this Act

And such regulations upon publication in the Gazette shall have the full force of law and copies thereof shall be laid before Parliament if in Session within fourteen days after such publication and if not then within fourteen days after the commencement of the next Session.

17. Any owner feeling aggrieved by the notice of an Inspector to destroy any cattle or other animals or property as aforesaid may appeal against such notice to the Court of Petty Sessions nearest the run or premises where such cattle animals or property ordered to be destroyed shall then be by giving notice of such appeal to the Clerk of Petty Sessions within twenty-four hours of the time of the receipt by him of such notice and entering into such recognizance before a Justice and on such other conditions as to costs as such Justice may require and such appeal shall be conducted before the said Court as far as possible in the same form and manner as the inquiry hereinbefore described with respect to applications for compensation and the decision of the Court thereon shall in all cases be final and conclusive.

18. Any owner may appeal from the decision of any Court of Petty Sessions in the matter of compensation to the District Court held nearest to such Court of Petty Sessions and the decision of such Court on such appeal shall be final and conclusive and the certificate of the Judge of such District Court if any shall have been granted shall be in the form of Schedule C hereto annexed and shall be dealt with in all respects as certificates granted by Courts of Petty Sessions Provided that such owner shall within two days after the decision of the said Court of Petty Sessions have lodged with the Clerk thereof a written notice of his intention to appeal against such decision.

19. If any person refuse to allow any Inspector or other person duly authorized as aforesaid to enter upon any run or premises or to board and examine any vessel or shall hinder or impede or attempt to hinder or impede him therein or shall act in contravention of any provision in this Act contained or of any proclamation or regulation made hereunder or of any adjudication award order or notice made or given by any District Court Judge Court of Petty Sessions Justice Inspector or other person authorized and empowered to do any act matter or thing he shall for each offence for which a special penalty is not elsewhere in this Act provided and directed incur a penalty not exceeding fifty pounds.

20. All cattle or other animals and all stalls stall-fittings fodder litter manure and other matters and tilings hereby prohibited from being landed or introduced into this Colony which may be landed or introduced contrary to the provisions of this Act and all such cattle or animals matters or things removed from quarantine in contravention of the provisions of this Act shall be destroyed at the owner's expense and without compensation.

21. Any person by force or violence resisting or impeding an

Inspector or other duly authorized person in the execution of his office or duty—any master of a vessel making a false declaration—any owner making a false return—and any person introducing landing or assisting at or being privy to the introducing or landing of any cattle animals or other matters hereinbefore prohibited from any vessel whether before or after such vessel is detained or placed in quarantine or removing or assisting at or being privy to the removal of any cattle or animals placed in quarantine under the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be liable at the discretion of the Court to a penalty not exceeding five hundred pounds or to imprisonment for any term not exceeding two years.

22. Any penalty for any offence other than such as are enumerated in the next preceding section hereof incurred under this Act or under any regulation or proclamation made thereunder may together with all costs be recovered in a summary way before any two Justices on information by any Inspector or owner at any time within twelve months after the commission of the offence omission or default upon which such penalty shall have been incurred and shall

after

after the deduction of expenses incurred in the recovery thereof be paid by the Clerk of Petty Sessions one half to the informer or pro­ secutor and the remaining half to the Colonial Treasurer to be placed by him to the credit of the Cattle Diseases Fund.

23. Any expenses hereby authorized to be incurred by an Inspector may be recovered by him in a summary way before any two Justices.

24. The provisions contained in any Customs or Quarantine Acts in force for the time being relating to the boarding of vessels shall be applicable to and be incorporated with this Act and the powers conferred upon Customs and Health Officers by the said Acts so far as the same may be applicable shall be applied possessed and enforced by all Inspectors and other persons authorized hereunder.

25. This Act may be cited as the " Cattle Diseases Prevention Act 1866" and shall remain in force until the thirty-first day of December one thousand eight hundred and sixty-seven and until the end of the then next Session of Parliament.

SCHEDULES.

SCHEDULE A.

Form of Declaration by Master of Vessel.

I Master (or Acting Master as the case may he)

do hereby solemnly declare that the vessel now under my charge has not during this present voyage at any time received or had on hoard any cattle sheep goats swine or any stalls stall-fittings fodder litter manure or other substance matter or thing that has been used with or about any such cattle or animals as above enumerated.

Dated this day of 18

(Signature in full)

Form of Declaration for Master of a Vessel arriving from an Australian	Colony.
I	Master (or Acting Master as the case may be)

do hereby-solemnly declare that the vessel	now under my charge
sailed on the commencement of her present voyage from	(here name
the port or place) in the Colony of	being an Australian Colony within

the meaning of the Cattle Diseases Prevention Act of 1866 and has not at any time since
the commencement of such voyage touched at any port or place not exempted by the said

Act And I further declare that no cattle or other animals or matters prohibited by the said Act have been transhipped on board the said vessel from any other vessel.

Dated this day of 1 8

(Signature in full)

SCHEDULE B.

No. 1 .

Form of Application to Clerk of Petty Sessions by Owner of destroyed Cattle &c.

To the Clerk of Petty Sessions for

I the undersigned (name in full) of (residence in full) haviug in compliance with a notice bearing date the day of 18 given by

an Inspector under the Cattle Diseases Prevention Act of 1866 destroyed (here state the number of cattle or animals destroyed and the date of the destruction) of which I am the owner (or a joint owner) then running (or kept) at (state the place) and branded (here

describe

describe brands if any) and having duly complied with all the requirements of the said Act in respect of such (cattle or animals) do hereby apply to the Court to ascertain and verify the fact of such destruction and to fix and determine the amount of compensation therefor to which I am entitled under section ten and to grant me the certificate of destruction and value directed by section eleven of the said Act.

Dated this day of 18

(Signature	in	full)
(Residence)

No. 2 .

Form of Application for Compensation in respect of Cattle &c. prevented from being landed.
To the Clerk of Petty Sessions for

I the undersigned (name in full) of (residence in full) having been prevented under the Cattle Diseases Prevention Act of 1866 from landing (here state the number of Cattle or other animals prevented from being landed and the date) of which I am the owner (or a joint owner) do hereby apply to the Court to ascertain and verify the fact of such prevention from landing and to fix and determine the amount of compensation to which I am entitled under section ten and to grant me a certificate thereof accordingly.

Dated this day of 18 .

(Signature	in	full)
(Residence)

SCHEDULE C.

Form of Certificate of Assessment of Compensation by Justices in Petty Sessions.

To the H o n o r a b l e t h e Colonia l Treasurer.

W e hereby cert i fy that at a Court of P e t t y Sess ions ho lden a t on the

day of 1 8 for the hear ing of an appl icat ion d u l y made under

sec t ion t e n of the Catt le D i seases P r e v e n t i o n A c t of 1 8 6 6 b y of

and bear ing date t h e	day of	1 8	i t was sat i s factori ly	proved	to u s
t h a t	(here state the number	and kind of cattle or animals	destroyed	or	prevented

from landing) w e r e des troyed b y the said app l i cant or prevented from l a n d i n g under the

said A c t and t h a t the sum of £ s. d. was assessed b y u s as compensat ion for such

(cattle or animals) W e fur ther cert i fy t h a t the said appl icant has in a l l

respects compl i ed w i t h the provis ions of the said A c t .

G i v e n under our hands and seals t h i s day of in the year of

our L o r d at

(L.S.)

Justices of the Peace {A.B C.D.	(L.S.)
Same form for Judge of District	Court.

To the Honorable the Colonial Treasurer.

I hereby certify that at a District Court holden at on the

day of	18	for the hearing of an appeal against the decision of a Court of
Petty Sessions holden at	on the	day of
18	on the application of	under section ten of the Cattle

Diseases Prevention Act it was satisfactorily proved that (here state the decision on appeal.)

(L.S.) Signed

Judge of the District Court

of the District.

SCHEDULE D.

SCHEDULE D.

Form of Return of number of Cattle to be made by Owner.

RETURN of all Cattle now depastured or kept at

made under the Cattle Diseases Prevention Act of 1866 to the Clerk of Petty

Sessions at

Name and residence

R u n or of Owner and of Descript ion Number . Brand. R e m a r k s .

place where kept .	Superintendent or	of	Catt le .
person in charge.

I do solemnly declare that the several matters

and things contained in the above Return are true to the best of my knowledge and belief.

Declared before me at Owner.

this day of (or Superintendent.)

J . P .