| G U L I E L M I | IV. | R E G I S . |
No. I.
An Act for regulating the slaughtering of Cattle.
[4th July, 1834.]
| WH E R E A S an Act was passed by the Governor of N e w South | Wales w i t h t he advice of t he Legis la t ive Council in t he |
| eleventli year of t h e re ign of | H i s la te Majesty K i n g George t h e |
| Four th | in t i tu led | "An | Act for | regulating | the | slaughtering | of | Cattle |
| " and for preventing | the improper | driving | of the same through- | the |
" Streets of Sydney and for other purposes " A n d whereas t he said reci ted A c t has been cont inued by two several Ac ts of t he Governor w i th t h e advice of t h e Legis la t ive Counci l passed in t he second and four th years of t h e re ign of H i s p resen t Majesty respectively b u t will expire on t h e thir ty-f i rs t day of A u g u s t in th is present year one t housand eight hund red and th i r ty- four A n d whereas it is expedient t o con t inue such of t he provisions of t h e said recited Act as relate; to t h e s l augh te r ing of Cat t le and to amend t h e same Be i t therefore
| enacted by H i s Excel lency | t h e Governor | of N e w South | W a l e s |
| wi th t h e advice of t h e Legis la t ive Council Tha t from and | after |
| t he | said thir ty-f i rs t | day of A u g u s t | one t housand eight hund red and |
| th i r ty- four no person shal l keep a s laughter -house or | place | for |
s l augh te r ing cat t le in tended for sale or ba r t e r or for sh ipping wi th out being duly licensed and t h a t if after the-said thir ty-f irs t day of A u g u s t one t h o u s a n d eight h u n d r e d and th i r ty- four any person or persons shall s laughter or cause to be s laughtered any cat t le as aforesaid in any house or place; no t l icensed as directed by th is Ac t such person or persons shall forfeit and pay the sum of t en pounds for each and every head of ca t t le so s laughtered .
| 15. A n d be i t fu r ther enacted T h a t i t shall and may be lawful for any Bench of Jus t i ces two or more be ing presen t to g ran t in man ne r as aforesaid a license for a s laughter -house or place for s laughter i ng cat t le wi th in t he district of such Bench to any unexcept ionable | person |
2. A n d be it fu r ther enacted Tha t any person or persons who m a y be desirous of ob ta in ing a license for a s laughter -house or place; for s l augh te r ing cat t le shal l on some day in t h e said month of A u g u s t n e x t apply for t h e same in wr i t i ng to t h e Bench of Jus t i ces of t h e Peace neares t t o his her or the i r u sua l place of residence and such Bench of Jus t i ces two or more be ing presen t if they be satisfied t h a t such appl icant or appl icants is or a rc of unexcept ionable charac ter shal l issue a n d deliver to t he person or persons so apply ing a license u n d e r t h e h a n d s of any two of t h e m in m a n n e r and form hereinafter set forth
| to be in force u n t i l t he thi r ty-f i rs t | day of December | nex t | t h e | person |
or persons so app ly ing pay ing in to t he h a n d s of t he Clerk of t h e said Bench of Jus t i ces t h e s u m of two shil l ings and sixpence tor every such license Provided always t h a t every such applicat ion for a license; shal l par t icu lar ly specify and describe t he house or place in tended to be so licensed and t h a t t h e Jus t i ces shal l consider t h a t t he s i tuat ion of such house or place shall not be objectionable.
person who m a y or shall apply for t he same at any mee t ing of such Bench and such license shall r emain in force un t i l t he thir ty-f irs t day of December following.
4. A n d be i t fur ther enacted Tha t it shall be lawful for H i s Excel lency t h e Governor to appoint or cause to be appointed wi th in t he towns of Sydney P a r r a m a t t a Liverpool Windso r and R ichmond B a t h u r s t and Mai t l and respectively and also wi th in such other
towns or distr icts as t h e said Governor shall from t ime to t ime
appoint by a notice to be publ ished in t h e Government Gazette some persons to be called " Inspec tors of S laughte r -Houses and of Cat t le in tended for S l a u g h t e r " and every person who shall be so appointed shall and he is hereby required and directed to repair wi th out delay to t h e place or places wi th in his district at which he shall have information of any cat t le hav ing been s laughtered or of any ca t t le be ing in tended to be s laughtered and also in all cases in which not ice shall have been given to h im or left a t his place of residence of t he in ten t ion to s laughter any cat t le and every such Inspector shall examine t h e said cat t le s laughtered or so intended to be s laugh tered in his dis tr ict and shall t ake a par t icu la r descript ion thereof wi th t he colour m a r k or m a r k s b rand or b rands sex and apparen t age toge ther wi th t h e n a m e of t he owner or owners thereof and of the t ime or place of s laughter which par t icu la rs he shall carefully enter or cause to be entered in a book to be kept by h im for t ha t purpose and which book such Inspec tor shall p roduce for examina t ion to t h e Jus t ices assembled a t every Cour t Of Q u a r t e r Sessions for his said distr ict and for t he information of any Jus t i ce or Jus t ices wi th in t h e said district whenever he shall be so requi red and such Inspec tor shall also m a k e a weekly r e t u r n to t h e Bench of Jus t i ces of t h e district of t he n u m b e r of cat t le so s laughtered as aforesaid.
| 5. A n d be i t fur ther | enacted T h a t | every person | in t end ing to |
s laughter any cat t le in any town or dis t r ic t in which an Inspec tor shall be appoin ted as aforesaid shal l first give twelve hours not ice in wr i t ing to such Inspec tor of t he cat t le in tended to be so s laughtered specifying the place and t ime under t he pena l ty of five pounds for each and every head of cat t le which shall be so s laughtered wi thou t such not ice hav ing been given thereof as las t ment ioned unless i t shall be made to appear to t h e Jus t ices before w h o m such fine shall be sought to be recovered tha t such notice could not have been given and t h a t owing to some unforeseen accident it was necessary t h a t such cat t le should have been immediate ly s laughtered and in all cases in
| which any cat t le shal l have been s laughtered wi th in any such town |
or distr ict w i t h o u t hav ing been previously inspected as aforesaid notice thereof shall be immediate ly given to t he said Inspec to r and the skins of such cat t le shall be kep t or preserved for th ree days and be produced upon demand a t the place of s laughter to t he Inspector for t he town or distr ict where in such cat t le shall have been s laughtered under t he pena l ty of five pounds for every skin so neglected to be preserved and produced.
0. A n d be it fur ther enacted Tha t every keeper of a licensed house or place for s l augh te r ing cat t le except ing in any of t he towns or distr icts for which Inspec tors shall be appointed as aforesaid shall keep a book in which h e or she shall enter a par t icu la r account and
| descript ion of all cat t le s laughtered in such house or place | specifying |
| t h e | colour m a r k or m a r k s b rand or b rands | sex | and | apparen t age of |
such cat t le and if purchased conta in ing the n a m e of t h e person from w h o m t h e same shall have been so purchased and the t ime of s laughter a n d a repor t of all catt le s laughtered wi th t he par t icu la rs above s tated is to be t r ansmi t t ed mon th ly in wr i t ing unde r t h e h a n d of such keeper of each s laughter-house to t h e Bench of Jus t i ces of t he
I
distr ict a n d if any such keeper of a licensed s l augh te r -house shal l neglect to keep such hook or record or shall m a k e a false en t ry the re in or shal l fail or refuse to m a k e such m o n t h l y r epo r t to t he Bench of Jus t i ces of t h e distr ict or t o p roduce such hook or record when so required by any J u s t i c e h e or she for every such offence shall forfeit a n d pay a sum no t exceeding five pounds .
| 7. A n d | be i t fu r ther enac ted | T h a t | n o t h i n g | hereinbefore | con |
| ta ined shall ex tend to a n y person | or persons | s l augh te r ing a t his her |
| or the i r own residences or fa rms cat t le for h is he r or the i r | family |
| servants | or | l abo re r s . |
| 8. A n d be i t fu r ther enacted T h a t i t shall and may be | lawful |
for any J u s t i c e of t h e Peace to demand the skins of any ca t t le wha t soever t h a t m a y have been s laughte red w i th in one m o n t h previous to t h e da te of such demand or a full and sat isfactory account to whom the skin has been sold or in w h a t m a n n e r disposed of and any person or persons who upon such demand shall refuse or neglect to p roduce t h e skins of any ca t t le t h a t have been s laughtered or in case t h e same cannot be produced to give a full and satisfactory account of how and in w h a t m a n n e r t he skins have been disposed of shall on convict ion of every such offence forfeit and pay a s u m not exceeding ten pounds .
9. A n d be i t fur ther enacted T h a t if any person shall cut out b u r n or otherwise destroy or deface any b r a n d which shal l have been upon any skin or shall be in t h e possession of any such skin from which t h e b r a n d shal l have been cu t or b u r n t or otherwise destroyed or defaced wi thou t be ing able to give a satisfactory account thereof every such person shall upon convict ion of every such offence forfeit a n d pay a fine of t en pounds .
| 10. A n d be i t fu r ther | enacted Tha t every t anne r or o ther |
person pu rchas ing a r aw hide or skin from which any b r and shall have been cu t or b u r n t out or destroyed or otherwise defaced shall upon conviction of any such offence forfeit and pay a fine of t en pounds .
| 1 1 . A n d be it fur ther | enacted Tha t i t shall and m a y be lawful |
from and after t he said thir ty-f i rs t day of A u g u s t nex t for any J u s t i c e of t he Peace Inspec tor or any Constable to en te r any house or place licensed as aforesaid at any t ime of t h e day or n i g h t where the re shal l be good cause to suspect t h a t stolen cat t le have been s laughtered and to m a k e such search and enqu i ry the re in as shal l seem necessary for t he discovery of t he offence and of t h e offender.
| 12 . A n d be it fur ther enacted T h a t if the re shall be any obs t ruct ion or h ind rance given to any Jus t i ce of t he Peace Inspector | or |
Constable so as to p reven t h i m or t h e m or any of t h e m from en te r ing any premises l icensed as aforesaid for t he purpose of examin ing any ca t t le or skins t he person or persons so offending shall be deemed a n d t a k e n to be gui l ty of a misdemeanor a n d shall be dealt wi th accord ingly as in cases of misdemeanor a t common law.
13 . A n d be i t fur ther enacted T h a t it shall be lawful for any such Inspec to r appointed or t o be appointed as aforesaid to ask demand a n d receive t h e sum of threepence for each and every head of cat t le or skin inspected by h i m under t h e au thor i ty of th i s L a w or Ordinance to be paid by the keeper of such licensed house or place and to be recovered before any one or more Jus t i ce or Jus t ices of t he Peace .
1 1 . A n d be it fur ther enacted Tha t no s laughter -house or place
for s l augh te r ing cat t le shall be licensed in any town unless wi th in sixty feet of an accessible creek or r iver or if a sea-port on t h e sea- beach wi th in a l ike dis tance of h igh-water m a r k and if no t on t he banks of such waters or if t he re should be no such wafers as aforesaid wi th in or adjoining any such town t h e n not wi th in t h e boundar ies
thereof.
15. A n d be it fur ther enacted T h a t for preserving cleanliness in towns and the hea l th of persons res iding there in i t shall be lawful for any Jus t i ce of t h e Peace and for any Constable authorized and depu ted by any wr i t ing unde r t h e h a n d of any Jus t i ce from t ime to t ime a n d when and as often as he or e i ther of t h e m shall see occasion to visit and inspect any bu tche r ' s shamble or l icensed s laughter -house which may be s i tua te wi th in t he r e p u t e d boundar ies of any town and to give such directions concerning t h e cleansing any such shamble or s laughter -house bo th wi th in and w i t h o u t as to h im shall seem needful and any bu tche r and t h e owner or occupier of any such shamble or s laughter -house who shall obst ruct or molest any Jus t i ce or Constable in t he inspect ion thereof or who shall refuse or neglect to comply wi th such directions wi th in a reasonable t ime shall upon t h e view of such Jus t i ce or on conviction on t h e complaint of any such Constable forfeit and pay for every such offence a s u m not exceeding two pounds .
16. A n d be it fur ther enacted Tha t if any person or persons shall discharge any g u n or pistol or any k ind of fire-arms in any road street or marke t -p lace or in any town for t he purpose or under t he pre tence of ki l l ing or m a i m i n g any cat t le every person so offend ing shall u p o n convict ion of every such, offence forfeit and pay a line not exceeding five pounds or be subject to impr i sonment for a t e r m
| not exceeding one | m o n t h . |
| 17. A n d be i t fu r ther enacted Tha t in all offences | commit ted |
agains t t h e direct ions of th is Act except as hereinbefore provided it shall bo lawful for any Jus t i ce of t h e Peace to issue his s u m m o n s command ing the person against w h o m information has been given to appear before any two or more Jus t i ce s who arc hereby author ized to hea r and de termine t h e case in a s u m m a r y way and on conviction thereof to order and direct t he offender or offenders to forfeit and pay such sum as they in the i r discret ion shall t h i n k proper according to t h e l imi ta t ions and provisions of th i s Ac t respectively ment ioned and in case such sum so adjudged to be paid by such offender or offenders be nor paid w i th in th ree days i t shall and may be lawful for such Jus t i ces or e i ther of t h e m to issue the i r or his w a r r a n t to levy t h e same by distress of t h e offender's goods or effects and in default of effects to commit t h e offender or offenders to t he neares t common gaol within t h e said Colony for a t e r m no t exceeding th ree m o n t h s and if any person convicted as aforesaid shal l hold a license unde r th is Act
| such license shall become n u l l and void from and after t he date of | such conviction. |
| 18. A n d be i t fur ther enacted Tha t when any offence against th i s Act shal l be commit ted by a t r anspor t ed felon or offender such felon or offender be ing convicted of t he said offence shall and m a y a t t he discretion of t h e Jus t i ce or Jus t i ces before whom such convict ion shall t ake place be punished for t h e same as any t ranspor ted felon or offender convicted of a misdemeanor or of disorderly conduct is liable to be punished. |
| 19. A n d be it fur ther enacted Tha t if any person not be ing a t r anspor ted felon or offender convicted of any offence or offences punishable by th is Ac t before any one or more Jus t i ce or Jus t i ces of t h e Peace as aforesaid shall t h i n k himself or herself aggrieved by t h e j u d g m e n t of such Jus t ice or Jus t ices such person shall have l iberty to appeal from any such conviction to t he next Court of Q u a r t e r Sessions of t h e Peace which shall be held neares t to t he place where such offence shall have been commi t t ed and t h a t t h e execut ion of every j u d g m e n t so appealed from shall be suspended in case t he person so |
convicted
convicted shall wi th two sufficient suret ies immediate ly before such Jus t i ce or Jus t i ces enter in to a bond or recognizance to H i s Majesty H i s H e i r s and Successors in t h e penal s u m of double t he a m o u n t of t he pena l ty so incur red or forfeited which bond or recognizance respectively such J u s t i c e or Jus t i ces is a n d are hereby author ized and requi red to t ake and such bond or recognizance shall be condit ioned to prosecute such appeal w i th effect and to be for thcoming to abide the j u d g m e n t and de terminat ion of t he said Cour t of Q u a r t e r Sessions and to pay such costs as t he said Cour t should award on such occasion a n d t h e Jus t i ces of t h e said Court of Quar te r Sessions are hereby au thor ized and required to hear a n d de termine t he m a t t e r of t he said appeal and to award such costs as to t h e m shall appear j u s t and reasonable to be paid by ei ther pa r ty and such decision shall be final
| between t h e said par t ies to all in ten ts a n d | purposes . |
20. A n d be i t fur ther enacted Tha t no conviction before any Jus t i ce or Jus t i ces unde r th i s A c t nor any adjudication made on appeal therefrom shall be quashed for w a n t of form or be removed b y wr i t of certiorari or otherwise in to t h e Supreme Cour t and no w a r r a n t or commi tmen t shall be held void by reason of any defect there in provided i t be the re in alleged t h a t t h e pa r ty has been convicted and t h a t there be good and valid conviction to sus ta in t he same.
2 1 . A n d be it fur ther enacted Tha t all fines and forfeitures
levied or paid under and by v i r tue of th i s A c t shall a t t he discretion of t he Jus t i ces be paid half to t h e informer or a p a r t thereof and t h e r ema in ing par t toge ther w i th such sums as may be received for licenses unde r th i s Ac t be appropr ia ted to t h e use of H i s Majesty H i s He i r s and Successors for t he publ ic uses of t h e Colony and t h e suppor t of t he Government thereof.
| S C H E D U L E | R E F E R R E D | TO. |
| F O R M | O F | L I C E N S E . |
NEW SOUTH WALES.
| License | for | slaughtering | Cattle. |
| W e | t h e | u n d e r s i g n e d b e i n g | of | H i s | M a j e s t y ' s J u s t i c e s of | t h e | P e a c e | for |
| t h e | T e r r i t o r y of | N e w | S o u t h | W a l e s do | ce r t i fy | t h a t | b y | v i r t u e of | t h e | a u t h o r i t y ves t ed | in | u s |
| b y | a n | A c t | of t h e | G o v e r n o r | a n d | C o u n c i l | passed | i n | t h e | fifth | y e a r | of | t h e | r e i g n | of | H i s |
| M a j e s t y | K i n g W i l l i a m | t h e | F o u r t h | i n t i t u l e d | " | An | Act, | for | regulating | the | slaughtering | if |
| Cuttle" | M r . | is | h e r e b y | l i censed to | s l a u g h t e r | C a t t l e | in | h i s |
| s i t u a t e d | a n d | b e i n g | i n | a n d | t h a t | t h i s | l i cense | is |
| t o | r e m a i n | i n | force | from | t h e | d a t e | he reo f | u n t i l | t h e | t h i r t y - f i r s t | d a y | of | D e c e m b e r | one | t h o u s a n d |
| e i g h t | h u n d r e d | a n d |
| G i v e n | u n d e r | o u r | h a n d s a n d | seals | a t |
| t h i s | d a y | of | one |
| t h o u s a n d | e i g h t | h u n d r e d | a n d |
| A. | B. |
| C l e r k | t o | t h e | M a g i s t r a t e s . | |
No. I I .