Cattle Slaughtering Act 1851 No 18a (NSW)

No. XIII.

An Act to amend the Laws for the s laughtering
of Cattle and to secure the immediate de­

struction of animals dying of disease. [22nd

December,	1851.]
i t therefore enacted by H i s Excel lency the Governor of New Sou th	WH E R E A S of Cat t le and to m a k e t h e provisions hereinafter contained Be
W a l e s wi th t he advice a n d consent of t h e Legislat ive Council thereof T h a t if any an imal shall die of any disease in any s laughter -house in t h e City of Sydney or in any yard or premises connected wi th any such s laughter -house a n d the owner or occupier of such s laughter ­ house shall no t cause such an ima l to be immedia te ly removed the re ­ from to some convenient place not less t h a n one mile from the b o u n d a r y of t h e said city and to be t h e n w i t h o u t delay destroyed by fire he shal l for every such offence forfeit and pay any s u m no t exceeding fifty pounds nor less t h a n t en pounds to be sued for and recovered as hereinafter ment ioned Provided always t h a t if on t he hea r ing of any informat ion unde r th i s section such owner or occupier shal l prove to t h e satisfaction of t h e Jus t i ces hea r ing t h e same t h a t
he has t a k e n due and ordinary precaut ion to prevent t he commission
of any such offence such informat ion shall be t he reupon dismissed.
2. A n d be it enacted T h a t if any an imal shall die of any disease in any p a r t of the City of Sydney no t being a s laughter -house nor any yard or premises connected wi th a s laughter -house and t h e owner of such an ima l or t h e occupier of t he place where such an imal shal l have died shal l no t immedia te ly cause such an imal to be removed and destroyed in t he same m a n n e r as is hereinbefore provided wi th respect to an imals dying a t s laughter -houses in t h e City of Sydney every such owner or occupier shall forfeit a n d pay for every such offence any sum no t exceeding t en pounds no r less t h a n two pounds to be sued for
and recovered as hereinaf ter ment ioned .
3. A n d be i t enacted T h a t if any an imal shall die of any disease in any p a r t of t h e Count ies of Cumber l and or Camden wi th in half a mile of any publ ic road or of any dwell ing-house and t h e owner of such an ima l or t he occupier of t h e place where such an ima l shall have died shal l no t immedia te ly cause such an imal to be destroyed as aforesaid on t h e spot where i t shal l have died if a qua r t e r of a mile from any
dwell ing-house or if such spot shal l no t be a qua r t e r of a mi le from
a n y dwel l ing t h e n if such owner or occupier shall no t immedia te ly cause such an ima l to be removed to some place no t less t h a n a qua r t e r of a mi le from any dwel l ing-house and the re destroyed as aforesaid every such owner or occupier shall for every such offence forfeit a n d pay any sum no t exceeding t en pounds nor less t h a n two pounds to be
sued for a n d recovered as hereinaf ter ment ioned .

it is expedient to amend t h e laws for t h e s laughte r ing

gui l ty

4. P rov ided a lways a n d be i t enacted T h a t if upon t h e hea r ing

of any informat ion u n d e r t h e two last preceding sections such owner

or occupier shall prove to t h e satisfaction of	t h e	Jus t i ces hea r ing t h e
same t h a t h e has not been gui l ty of u n d u e negl igence	such	informa­

t ion shal l be t he reupon dismissed.

5. A n d be i t enacted T h a t if any person shal l knowing ly t ake

or assist in t a k i n g in to any s laughte r -house in any p a r t of t h e Colony

used for t h e s l augh te r of an imals in tended for h u m a n food any	an imal
or p a r t of	a n a n i m a l which has died of any disease he shal l be deemed

gui l ty of a misdemeanor and shall on conviction thereof be imprisoned
for any period no t exceeding two years w i t h or wi thou t ha r d labor.

6. A n d be i t enacted Tha t if the owner or occupier of a n y s laughter -house in any pa r t of t he Colony used for the s laughte r of an imals in tended for h u m a n food shall knowingly cause or pe rmi t or suffer any an imal infected wi th any disease affecting the mel t or spleen to be s l augh te red in any such s laughter -house or if after the s laughte r of any an imal in any such s laughter -house t h e mel t or spleen of such an ima l shal l be found to be diseased and such owner or occupier as aforesaid shall not immedia te ly the reupon cause t h e en t i re carcass to be removed and destroyed as in t he case of an imals dy ing of disease such owner or occupier shall for every such offence forfeit and pay any s u m not exceeding fifty pounds nor less t h a n t e n pounds to be sued for a n d recovered as hereinafter ment ioned Provided always t h a t if upon t h e hea r ing of any information unde r th i s section such owner or occupier shal l prove to the satisfaction of such Jus t i ces t h a t he has t a k e n ord inary precaut ion to p reven t t he commission of any such offence such informat ion shall be t he r eupon dismissed.

7. A n d he i t enacted T h a t if any person shal l knowing ly sell

or expose for sale any an imal or por t ion of any an imal which has died of any disease or any an imal or p a r t of any an imal t h e me l t or spleen of which shall have been diseased he shal l be deemed gui l ty of a mis­ demeanor and shall on conviction thereof bo imprisoned for any period not exceeding two years wi th or wi thou t ha r d labor.

8. A n d be it enacted T h a t if any person shall designedly blow wi th his b rea th into or upon any mea t in tended for sale or shal l eject any suet l iquid m a t t e r or o ther subs tance from his m o u t h the reon he shal l for every such offence forfeit and pay a pena l ty of no t exceeding t w e n t y pounds nor less t h a n two pounds to be sued for a n d recovered

as hereinaf ter ment ioned .

9. A n d be it enacted T h a t if a t any t ime i t shall be m a d e to appear on oath to t he satisfaction of any Jus t i ce of t he Peace t h a t t he re is reasonable g round to suspect and believe t h a t any sheep calves pigs or o ther an imals are s laughtered in any shop bu i ld ing stal l or place in violat ion of t h e provisions of any law in force re la t ing to s laughter -houses or t h e s laughte r ing of cat t le i t shal l be lawful for such Jus t i ce to g ran t a w a r r a n t unde r his h a n d au thor iz ing any Inspec tor of Nuisances or any Inspec to r of Pol ice or any Constable wi th the i r assis tants at any h o u r to enter in to any such shop bu i ld ing

s tal l or place for t h e purpose of ascer ta in ing w h e t h e r any violation of
t h e law has been commit ted	there in .

10. A n d be i t enac ted T h a t i t shall be lawful for any Inspec tor of Nuisances Inspec to r or Sergeant of Police to en te r upon any premises or place w i th in t he said city at any hou r w i th assis tants where any an ima l has died of disease and to requ i re t he owner or occupier of such premises or place immedia te ly to remove such an imal one mile beyond t h e l imi ts of t he said city to be destroyed then and the re by fire in default of which it shall be lawful for any one or more of such officers to cause such an imal to be removed for such purpose a t t h e cost of t h e owner or occupier of such premises or place such costs to be recovered in l ike m a n n e r as penal t ies are recoverable under

th i s Act .

1 1 . A n d be i t enacted Tha t if any an imal shall die u p o n any

road or publ ic place in t he Colony o ther t h a n in the City of Sydney and the owner of such an imal or t he person in charge of such an imal a t t h e t ime shall no t immedia te ly cause such an imal to be destroyed by fire upon t h e spot he shall forfeit and pay for every such offence any s u m no t exceeding t e n pounds to be sued for and recovered as

hereinafter ment ioned.

12. A n d be i t enac ted T h a t if any an ima l shal l die in any

publ ic street or place w i th in t h e City of Sydney a n d the owner or a n y person hav ing cha rge of such an imal canno t a t t he t ime be found or ascer tained i t shall be immedia te ly removed by any Inspec to r of Nuisances Chief or o ther Constable a n d destroyed in m a n n e r aforesaid

a t t h e publ ic cost.

13 . A n d be i t enacted T h a t in case of t h e neglect or refusal of

any person whose d u t y i t shal l be u n d e r th i s Ac t to destroy any an imal to perform such du ty b y des t roying any an imal i t shall and may be lawful for any Inspec to r of Nuisances Chief or o ther Consta­ ble to cause such an ima l to be destroyed a t t h e cost of t he person so neg lec t ing or refusing such costs to be recovered in l ike m a n n e r as

penal t ies are recoverable u n d e r th i s A c t a n d for t he purpose of so

des t roying such an imal such Inspec to r	Chief or other Constable may
lawfully enter u p o n a n y lands	whatsoever .

14. A n d be i t enacted Tha t all penal t ies imposed unde r th is

Ac t m a y be sued for and recovered in a s u m m a r y way before any two

Jus t i ce s of t h e Peace by any one w ho will sue for t h e same.

15 . A n d be i t enacted T h a t in cases of s u m m a r y conviction

unde r t h i s A c t t h e informer shall be deemed and t a k e n to be a com­

pe ten t	witness .
16. A n d be i t enacted Tha t t he word " a n i m a l " shal l for t h e

purposes of th i s Act be held to include horses cat t le sheep pigs calves and l ambs and t h e words " die of any disease " shal l be held to apply to all cases of dea th o ther t h a n deaths caused by k i l l ing or s l augh te r ing .

17. A n d be i t enac ted T h a t all penal t ies imposed by th is A c t

shal l be paid one moie ty to H e r Majesty H e r H e i r s a n d Successors for t h e publ ic uses of t h e said Colony a n d in suppor t of t h e Governmen t thereof and shal l be applied in such m a n n e r as m a y be from t ime to t ime directed by any Ac t of t he said Governor and Legis la t ive Council

and t h e o ther moie ty to t h e informer or p a r t y su ing for t h e same.

18.    A n d be i t enac ted T h a t in t h e event of any pena l ty imposed

under th i s Ac t n o t be ing pa id or satisfied according to law the person adjudged to pay t h e same shall be impr i soned for any period no t

exceeding twelve calendar m o n t h s .

19. A n d whereas i t has been found inconvenient and is
considered unnecessary to requ i re ca t t l e s laughtered a t places or

es tab l i shments for t h e ex t rac t ion of ta l low from the carcasses of such

cat t le or for t he sa l t ing of beef for expor ta t ion to be regular ly inspected

by the Inspec to r s of S laughter -houses Be i t therefore enacted Tha t

after t h e pass ing of th i s A c t i t shall n o t be necessary for t h e pro­

pr ie tors or m a n a g e r s of es tabl i shments for t h e ex t rac t ion of ta l low

from t h e carcasses of ca t t le or for sa l t ing beef for expor ta t ion	and
licensed as S laughter -houses to give not ice to any Inspec to r	of

S laughter -houses of t h e cat t le in tended to be s laughtered by t h e m nor shall any such Inspec to r be requ i red to examine any such ca t t le or t o t a k e or m a k e ent r ies of t h e descript ions or o ther pa r t i cu la r s now

by law requi red to be t a k e n	a n d entered by h i m upon	m a k i n g	such
examina t ions .

20.     P rov ided always and be i t enacted Tha t after t h e pass ing of

th i s A c t n o license shal l be g ran ted or be ing g ran t ed shal l be operat ive for or in respect of any house or premises used as a n es tabl i shment for t h e ext rac t ion of ta l low from the carcasses of ca t t le or for t h e sa l t ing of beef for expor ta t ion as aforesaid unless t h e propr ie tor thereof shall have en te red in to a recognizance to H e r Majes ty wi th two sufficient suret ies himself in two h u n d r e d pounds and the sureties in one hundred pounds each in t he form and wi th t h e condit ions in t he Schedule here to annexed.

S C H E D U L E

S C H E D U L E .

New South Wales

to wit.

B E it remembered that on the day of one thousand eight

hundred and A. B. of C. D. of and E. F of

came personally before us G-. H. and J . K. Esquires two of Her Majesty's Justices of the Peace acting in and for the District of in the said Colony and acknowledged themselves to owe to our Sovereign Lady the Queen to wit the said A. B. the sum of two hundred pounds the said C. D. the sum of one hundred pounds and the said. E. V. the sum of one hundred pounds of lawful money of Great Britain to be respectively levied upon their several goods and chattels lands and tenements to the use of our said Lady the Queen Her Heirs and Successors in case default shall be made in the performance of any of the conditions hereunder written.

The conditions of this recognizance are such that whereas the said A. B. is to be licensed to slaughter cattle on his premises situate at and the said A. B. intends to employ his said premises as a place or establishment for the extraction of tallow from the carcasses of cattle or for salting beef for exportation (as the case may be) if the said A. B. shall keep a book in which he shall enter a particular and faithful account and description of all cattle slaughtered on the said premises specifying the colours marks brands sex and apparent age of such cattle and the time of slaughter and the names of the persons by whom such cattle were delivered at the said premises and of the persons on whose account the said cattle were received and of the persons to whom or for whose use the tallow extracted from the same or the beef salted has been delivered and shall permit such book and all cattle intended to be slaughtered to be inspected by any person who may require to see the same and shall transmit once in each fortnight to the Bench of Justices at a report of all cattle slaughtered together with the particulars above mentioned in writing under his hand or in his absence under the hand of the manager of the said establishment Then this recognizance to be void otherwise to remain in full force.

Taken and acknowledged the day and year above written before us

G. II.	(L.S.)
J . K .	(L.S.)