Cattle Slaughtering Act 1850 No 30a (NSW)

No. XXX.

l icens ing of s laughte r houses a n d places for s laughter ing cat t le A n d whereas i t is expedient t o a l ter t he law in th is respect in m a n n e r follow­ ing Be it therefore enacted by H i s Excellency t h e Governor of New South Wales wi th t he advice and consent of the Legislat ive Counci l thereof Tha t from and after the pass ing of t his Ac t no house or premises s i tuated

An Act to amend the Law relating to the slaugh­ tering of Sheep Cattle and other Animals within certain Towns in the Colony of New South Wales and for the prevention and removal of certain Nuisances therein. [Id October, 1850.]

W H E R E A S by an A c t of t he Governor and Legislat ive Council of N e w Sou th Wales passed in t h e fifth year of t h e r e ign of H i s

la te Majes ty K i n g Wi l l i am the Four th in t i tu led "An Act for regu­

lating the slaughtering of Cattle" cer ta in provisions were made for i lie

s i tua ted wi th in t h e l imi ts or r epu ted l imits of any city or t o w n to

which th is Ac t m a y be extended as hereinafter men t ioned or w i th in t h e dis tance of one mile from t h e l imits of such city or town shall be licensed as a s laughter house or place for s l augh te r ing cat t le any th ing

in t h e said reci ted Ac t to t h e con t ra ry no twi ths t and ing Provided

always t h a t n o t h i n g here in conta ined shal l be cons t rued to p reven t t h e renewal of any license already issued in pu r suance of t he said Act subject never theless to t h e provision hereinaf ter conta ined wi th respect

to exis t ing s laughte r houses and places for s l augh te r ing cat t le .

2. A n d be i t enacted T h a t it shall no t be lawful for any person to s l augh te r sk in scald or dress or cause to be s laughtered skinned scalded or dressed any an ima l in any house or place wi th in t he l imits or r epu t ed l imits of a n y city or t o w n to which t h e provisions of th i s Ac t shall be extended as hereinafter provided other t h a n in such s laughter houses or places for s l augh te r ing as are now licensed and shal l con t inue to be licensed under t h e provisions of the said reci ted A c t and every person who shall so offend shall forfeit and pay on con­ vict ion for every such offence any s u m no t exceeding t en pounds .

3. A n d be it enacted T h a t from and after t h e expira t ion of five years n e x t after t h e extension of th i s A c t to any ci ty or t own in m a n - ner hereinaf ter ment ioned no such license shall be issued or renewed for any s laughter house or place for s l augh te r ing which a t t h e da te of such extension m a y have been established and licensed wi th in t he l imits

or r epu ted l imi t s of such ci ty or t own or wi th in t h e distance of one

mi le therefrom.

4. A n d be it enacted Tha t t he business of a blood boiler bone boiler fel lmonger s laughterer of horses or boiler or s teamer of an imals or pa r t s of an imals for ex t rac t ing t h e ta l low or fat therefrom shal l no t be carried on in any bu i ld ing or place wi th in t h e l imits of any ci ty or t own to which th is Act shall be extended and whosoever offends aga ins t th i s enac tment shal l forfeit and pay on convict ion for every such offence before any two or more Jus t i ces of t he Peace in a s u m m a r y way any sum n o t exceeding fifty pounds and a fur ther penal ty of forty shil l ings for each day du r ing wh ich t h e offence is cont inued.

5. A n d be i t enacted Tha t t h e business of a soap boiler tal low mel te r t r ipe boiler t a n n e r or curr ier or any o ther t r ade or manufac tu re of an obnoxious or unwholesome n a t u r e dangerous to t h e hea l th of t h e i nhab i t an t s shal l no t be newly established or carr ied on in any

bu i ld ing or place wi th in t he l imi ts or r epu ted l imi t s of any such city

or t o w n as aforesaid a n d t h a t from a n d after t h e first day of J a n u a r y

in t he year of our Lord one t housand eight h u n d r e d and fifty-six t h e

bus iness of a soap boiler ta l low mel te r t r ipe boiler t a n n e r or curr ier or o ther t r ade or rnamifacture as aforesaid which has been already established shall no t be cont inued or carr ied on in any bu i ld ing or place wi th in t h e l imi ts or r epu ted l imi ts of any such city or t own as aforesaid and whosoever offends against th i s enac tment shall forfeit and pay on convict ion for every such offence before any two or more Jus t ices of t h e Peace in a s u m m a r y way any s u m not exceeding fifty pounds and a fur ther pena l ty of forty shil l ings for each day du r ing which the offence is cont inued.

0. Provided always and be i t enacted Tha t if any ques t ion shall
arise whe the r any t r ade or manufac tu re is of an obnoxious or unwhole­

some n a t u r e dangerous to t h e hea l th of t h e inhab i t an t s t he same shall

be de termined b y t h e Jus t i ces as incident t o t he case Provided also

t h a t not ice in wr i t i ng shal l be given to t h e person engaged in such

t rade or manufac tu re and if he shal l d iscont inue t h e same after six

m o n t h s after t he receipt of such not ice he shall no t be liable to any pena l ty in t ha t regard and if any person after hav ing received such not ice and discont inued such t r ade or manufac tu re shall again renew

or

or re-establ ish t he same he shall be l iable to t he penal t ies in	t h a t
r ega rd imposed by th is Act .

7. A n d be i t enacted Tha t if upon the certificate of any two legally qualified medical prac t i t ioners verified on oath it shall appear to any two Jus t i ces of the Peace t h a t any shop bu i ld ing stall or place k e p t or used for t he sale of bu t che r s ' m e a t or as a s laughte r house or a n y place used for car ry ing on the business of a soap boiler tal low inci ter or t r ipe boiler or any place used for ca r ry ing on the business of a t a n n e r or curr ier or t h e premises occupied wi th t h e same or a p p u r t e n a n t the re to wi th in t he l imits of such city or t own is in such a filthy or unwholesome condit ion t h a t t h e hea l th of any person is l ikely to be affected or endangered the reby or t h a t t he whi tewash ing c leansing or pur i fying of any such place premises or appur t enances would t e n d to p reven t or check infectious or contagious disease the said two Jus t i ces shall give notice in wr i t i ng to t h e owner or occupier of such place or premises to whi tewash cleanse or purify t h e same as t he case may requ i re and if t h e person to w h o m notice; is so given fail to comply the rewi th wi th in such t ime as shall be specified in t h e said not ice he shall be l iable to a pena l ty not exceeding t e n pounds for every day du r ing which he cont inues to m a k e default and every such not ice m a y be served by affixing a copy thereof on a conspicuous p a r t of t h e house place or premises directed to be whi tewashed cleansed or purified as aforesaid.

8. A n d be it enacted Tha t whenever it shall be m a d e to appear on oath to t h e satisfaction of any Jus t i ce of t h e Peace t h a t there; is reasonable g round for believing t h a t any such shop bui ld ing stall or place as is hereinbefore ment ioned is in a filthy or unwholesome con­ dit ion it shall be lawful for such Jus t i ce to g r a n t a w a r r a n t unde r his h a n d au thor iz ing any Inspec tor of S laughte r houses or any Inspec tor of Police or Chief Constable w i th such assis tance as m a y be necessary to en te r in to such shop bui ld ing stall or place as aforesaid in t he day t ime a n d view the same and the s ta te and condi t ion thereof.

9. A n d be it enacted Tha t t h e said Jus t ices may if they shall t h i n k fit cause such s laughter houses and other places premises or appur t enances as aforesaid or any p a r t thereof to be whi tewashed cleansed or purified and the expense incur red by t h e m in so doing shal l be repaid by the owner or occupier thereof and in default of r epaymen t shal l bo recoverable in t he s u m m a r y m a n n e r hereinafter provided for t h e recovery of penal t ies incur red unde r th i s Act .

10. A n d he it enacted Tha t any Inspec to r or Chief Constable of respectively empowered at all reasonable t imes wi th or wi thou t

the Police Fo rce of such city or t o w n m a y and they are hereby

ass is tants to enter in to and inspect any shop bui ld ing stall or place kep t or used for t he sale of bu tche r s ' m e a t or as a s laughte r house and to examine any an imal carcass m e a t or flesh which m a y be therein and in case any an imal carcass mea t or flesh appear to h i m to be in tended for t h e food of m a n k i n d and to be unfit for such food the same may be seized and if i t appear to a Jus t i ce of t h e Peace upon the evidence of a competent person t h a t any such an imal carcass mea t or flesh is unfit for t he food of m a n k i n d he shall order t he same to be destroyed or to be so disposed of as to prevent i ts be ing exposed for sale or used for such food and t h e person to w h o m such an ima l carcass mea t or flesh belongs or in whose custody t h e same is found shal l be l iable to a penal ty not exceeding t en pounds for every an imal or carcass piece of m e a t or flesh so found.

1 1 . A n d be it enacted T h a t every s laughte r house w i th in t h e

l imi ts of any such city or town shal l be thorough ly washed and cleansed wi th in one hou r after any an imal or an imals shall be s laughtered the re in and t h a t the blood offal and filth of all such an imals as m a y

3 U — V O L . 3. be

be s laughtered in any s l augh te r house or t he premises or appur tenances t he reun to be longing shal l be removed once a t least in every twen ty - four hour s and any owner or occupier of any s laughter house who shall neglect to comply wi th th i s e n a c t m e n t shall forfeit and pay on convict ion for every such offence before any two or more Jus t i ces of t h e Peace in a s u m m a r y way any sum not exceeding t en pounds .

12. A n d be i t enacted Tha t t h e finding of any an imal on the

premises of any bu t che r or o ther person u n d e r c i rcumstances	denot ing
an in ten t ion of s l augh te r ing such an imal shal l be deemed evidence	of
such s l augh te r ing unless otherwise disproved by t h e person accused.

13 . A n d be i t declared and enacted T h a t no th ing in th i s Ac t

shall be const rued to render lawful any act m a t t e r or t h i n g whatsoever which b u t for th i s Act would be deemed to be a nuisance nor to exempt any person from any action l iabil i ty prosecution or p u n i s h m e n t to which such person would have been otherwise subject in respect

thereof.

14. A n d be i t enacted Tha t n o t h i n g in t h i s A c t contained shall

be const rued to repeal or a l ter t he provisions of t he said recited A c t passed in t h e fifth year of H i s la te Majes ty ' s re ign in any other

pa r t i cu la r t h a n is here in specified.

15 . A n d be it enacted That whenever appl icat ion to t h a t etfect

in wr i t ing shall be m a d e to t h e Police Mag i s t r a t e or t h e Bench of

Magi s t r a t e s of any city or town (except t h e City of Sydney) such

appl icat ion be ing signed by no t less t h a n twenty-five inhab i tan t s of

such city or t own qualified in m a n n e r hereinafter ment ioned it shall be lawful for such Police Mag i s t r a t e or Bench of Magis t ra tes to call a publ ic mee t ing of t h e i n h a b i t a n t s of such city or town being qualified

never theless in m a n n e r hereinaf ter ment ioned at such t ime and place;

there in as he or they m a y deem mos t convenient for t a k i n g in to con­ siderat ion t h e expediency of ex tend ing to such city or t own the operat ion of th is A c t and publ ic not ice of every such mee t ing shall be given at least seven days before the ho ld ing thereof by pos t ing t he same on the Cour t H o u s e or otherwise as he or they shall direct .

16. A n d be i t enacted Tha t t h e persons ent i t led to sign such

appl icat ion as aforesaid and the persons en t i t l ed to vote a t any such m e e t i n g shall be those persons who a t t h e t ime of such s igning or vo t ing reside wi th in t he l imi ts of such ci ty or town and whose names appear on the list in force for t he t ime be ing of persons ent i t led to vote

at elections for Member s of t h e Legis la t ive Council .

17. A n d be i t enacted Tha t t he Police Mag i s t r a t e if t he re be

one or if t he re be no Police Mag i s t r a t e t hen t h e Senior Mag i s t r a t e or

any o ther Mag i s t r a t e usua l ly a t t end ing t h e P e t t y Sessions of such

city or t own shall preside a t such mee t ing .

18. A n d be i t enacted T h a t if a t such publ ic mee t ing a resolu­
t ion be adopted by a majori ty in n u m b e r thereof in favor of t he exten­

sion of t h e provisions of th i s A c t t o such ci ty or town t h e same shall

be for thwi th communica ted by t h e Pol ice Mag i s t r a t e Mag i s t r a t e or

o ther person pres id ing a t such m e e t i n g to t h e Colonial Secretary for t h e information of H i s Excel lency the Governor and the reupon it shall be competen t for t he Governor wi th t h e advice of t he Execu t ive Counci l in his discret ion never theless to issue a P roc lamat ion unde r

his h a n d ex tend ing the provisions of th i s Ac t to such ci ty or t o w n and

upon and after the publ icat ion in t h e New South Wales Government

Gazette of such P roc lama t ion as aforesaid al l and s ingular t h e pro­ visions of th i s Ac t shal l apply to t h e city or town there in named as fully in all respects as if such city and town had been specifically named in this Act .

19. A n d for t he purpose of de te rmin ing whe ther t h e majori ty in

n u m b e r a t any such m e e t i n g is in favor of t h e extension of the provi­

sions

sions of tills Ac t to such city or town Be i t enacted T h a t t h e Police

Mag i s t r a t e or pres id ing Mag i s t r a t e shal l call for a show of hands of those respectively who are in favor of and opposed to t he extension of t he A c t aforesaid and he shall declare which has t h e majori ty and his decision shall he final unless a scrut iny be demanded.

20. Provided always and be it enacted T h a t if a scrut iny lie t hen and the re demanded by not less t h a n five persons duly qualified to vote a t such mee t ing as aforesaid the fact of such qualification to be decided by t h e Police Magis t r a t e or pres id ing Magis t r a t e t hen t h e said

Police Mag i s t r a t e or pres iding Mag i s t r a t e shal l cause a sc ru t iny to be

made in m a n n e r following t h a t is to say t h e said Police Magis t r a t e

or pres id ing Mag i s t r a t e shall appoin t from amongs t t h e persons present a n d qualified to vote two scrut ineers one from amongs t those who are favorable to t h e extens ion of th i s Ac t as aforesaid and one from amongs t those opposed to such extension a n d the scrut ineers so appoin ted shal l t he reupon t ake an account of t h e n u m b e r of persons vot ing for and against such extension as aforesaid and r e tu rn t he same to the Police Mag i s t r a t e or pres id ing Mag i s t r a t e who shall from t h e

n u m b e r s so r e tu rned to h im declare which has t h e major i ty Provided

further t h a t in case of an equal i ty of votes t h e Pol ice Mag i s t r a t e or

presiding Mag i s t r a t e shall have a cas t ing vote a n d t h a t t h e decision so

given in e i ther case shall be final.

2 1 .    A n d be i t enacted Tha t if any quest ion arise as to t h e r ight

of any person present at such mee t ing to vote the rea t in manner aforesaid t h e same shall for t he purposes of th i s Act be determined in

a s u m m a r y way by the scrut ineers appoin ted as aforesaid Provided

always t h a t in case of a difference of opinion be tween t h e scrut ineers in respect of any of t he m a t t e r s aforesaid t h e fact or ques t ion shall be finally de termined by t h e Police Mag i s t r a t e or pres id ing Mag i s t r a t e as t h e case m a y be.

22. A n d be i t enacted Tha t i t shall be competen t to H i s Excel ­ lency the Governor for t h e t ime be ing to declare by not ice in t he New South Wales Government Gazette w h a t shall for t he purposes of this Ac t be t he boundar ies of any ci ty or t own to which th i s Ac t shal l be or shall have been so extended.

23. A n d be i t enacted Tha t all act ions or suits in respect of any

ma t t e r or t h i n g done in pur suance of t he provisions of th i s A c t shall

be b rough t wi th in th ree calendar m o n t h s after t h e cause thereof and the defendant may plead the general issue and give t he special

d iscont inue t h e act ion or if upon a verdict or demur re r j u d g m e n t shall	ma t t e r in evidence and if t he plaintiff shall become nonsui ted or shall
bo given agains t t he plaintiff tin? defendant shall receive t reble costs and have remedy of the plaintiff as any defendant can have in other eases where costs arc given by law.
24. A n d be i t enacted Tha t no prosecut ion suit or compla in t shall be b rough t unde r or by v i r tue of th i s Ac t by reason of t h e breach of any of t h e provisions thereof after t h e lapse of t h ree m o n t h s from
t h e occurrence of t h e m a t t e r or t h i n g to which such prosecut ion suit
or complaint may relate.
25. A n d be it enacted Tha t all offences agains t th i s A c t not otherwise provided for may be hea rd and determined and every for­ feiture and penal ty in respect thereof be awarded and imposed by or before any two Jus t i ces or (where th is Act so directs) by and before any one Jus t i ce in a s u m m a r y way in t h e m a n n e r prescr ibed by the A c t of t h e Governor and Legislative Council of New South Wales passed in the fifth year of the re ign of His la te Majesty K i n g Wi l l i am the F o u r t h in t i tu led " An Act to regulate summary proceedings before
Justices of the Peace " or according to t h e law in force for the t ime
being r egu la t ing s u m m a r y proceedings before Jus t i ces of the Peace

and

a n d any person feeling aggrieved by any s u m m a r y j u d g m e n t or con­

viction under th i s Ac t m a y appea l therefrom in the m a n n e r provided by the said A c t or any o ther law in force for the t i m e being in t h a t behalf Provided always t h a t in al l cases in which a n y pena l ty or forfeiture hereby imposed is m a d e recoverable before any Jus t i ce or Jus t i ces of t he Peace i t shall and m a y be lawful for any Jus t i ce to

w h o m compla in t shall be m a d e of a n y offence agains t th i s A c t to

s u m m o n t h e pa r ty complained aga ins t before h i m or any other Ju s t i ce or Jus t i ces and on such summons such Jus t i ce or Jus t i ces are hereby empowered to hear and de termine t he m a t t e r of such complaint and on proof of t he offence to convict t h e offender and to adjudge h i m to pay t h e penal ty or forfeiture incur red a n d to proceed to recover t he same a l though no informat ion in wr i t ing shall have been exhibi ted or t a k e n by or before such Jus t i ce or Ju s t i ce s and all such proceedings by s u m m o n s wi thou t informat ion shall be as good valid and effectual

to all i n t en t s and purposes as if an informat ion in wr i t ing had been

exhibi ted and in all proceedings u n d e r th i s Ac t t h e informer or p a r t y

prosecu t ing shal l be deemed and t a k e n to be a competent witness.

20. A n d be i t enacted Tha t any Jus t i ce or Jus t i ces of t he

Peace before whom any informat ion shall be laid in wr i t ing agains t any person or before w h o m any person shal l be convicted in respect of any offence agains t th i s Act may cause t h e information and the conviction to be d rawn u p according to t he forms respectively given in Schedule; to th i s Ac t annexed or any o ther forms to t h e same effect as t he case m a y requi re Provided always t h a t th i s enac tmen t shall no t inval idate any informat ion or convict ion laid or d rawn in any o ther form which m a y be specially sui ted to t he case or may be provided by law and in every informat ion in wr i t i ng and in every convict ion for an offence cont ra ry to th i s A c t i t shal l be sufficient if t h e offence shall be s tated in t h e words thereof declar ing t h e offence or a t t a ch ing any penal ty there to .

27. A n d be i t enacted Tha t no informat ion conviction or o ther

proceeding before or by any Jus t i ce or Jus t i ces of t he Peace or on appeal therefrom for any offence u n d e r th i s A c t shall be quashed or set aside or adjudged void or insufficient for wan t of form or be removed by certiorari or otherwise in to H e r Majesty 's Supreme Cour t for t h e said Colony.

28. A n d be i t enacted Tha t all fines forfeitures and penal t ies imposed by th is A c t shal l be pa id one moie ty to H e r Majesty H e r H e i r s and Successors for t h e publ ic uses of t h e said Colony and in t h e suppor t of t h e Government thereof and shall be applied in such

m a n n e r as m a y be from t ime to t i m e directed by any Ac t s	of t he said
Governor and Legis la t ive Council and t h e o ther moie ty to t h e use	of

t h e informer or p a r t y prosecut ing who shal l be ent i t led to his or her costs a n d charges over and above such fines forfeitures and penal t ies t o be ascer tained and assessed by the Jus t i ce or Jus t ices before w h o m the case is heard.

29. A n d be i t enacted Tha t t he word " a n i m a l " in th i s Act

shal l be deemed to inc lude any horse m a r e gelding colt filly ass mi do bu l l cow ox heifer steer calf r a m ewe sheep l amb goat or p ig and the words " s laughter house " shal l inc lude boi l ing down es tabl i shments or places a t which any animals a re s laughtered for t he purpose of be ing converted in to ta l low and t h r o u g h o u t th i s Act every word and

t e r m used in the s ingular n u m b e r or mascu l ine gender only shall be

const rued equal ly to imply and inc lude t he p lu ra l n u m b e r and females as well as males and vice versa unless t he r e be someth ing in t h e con­

t ex t r e p u g n a n t to such const ruct ion .

30. A n d be i t enacted T h a t n o t h i n g conta ined in t h i s Act shall

apply or be deemed to apply to any city or t own wi th in t h a t p a r t of

t he said Colony k n o w n as the Dis t r ic t of P o r t Ph i l l ip .

S C H E D U L E

S C H E D U L E R E F E R R E D TO.

Form of Information.

New South Wales

to wit.

B E it remembered that	of	in the Colony of New South
Wales cometh on the	day of	in the year of our Lord

before me (or us) J . P . one (or more) of Her Majesty's Just ices of the Peace assigned to keep the peace in and for the Colony of New South Wales and giveth mc (or us) to under­ stand and bo informed that hath been guil ty of (here describe the offence).

Form of Conviction.

B E it remembered that on the day of

in the year of our Lord
is brought before mc (or us) J . P .
one (or more) of Her Majesty's Just ices assigned to keep the peace in and for the Colony of
New South Wales and is charged before me (or us) with having (here describe the offence)

and it appearing to me (or us) tha t the said is guil ty of the said

oi&ncc I (or wc) do therefore adjudge the said

(insert the adjudication).

Given under my (or our) hand (or hands) the day and year first above written.