Diseases in Sheep Act of 1866 No 27a (NSW)

No. XVI.

An Act for the prevention and cure of Diseases

in Sheep. [6th December, 1866.]

BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legis­

lative Assembly of New South Wales in Parliament assembled and

by the authority of the same as follows :—

PRELIMINARY.

1. From and after the commencement of this Act the unrepealed sections of the Act twenty-seventh Victoria number six and the Act twenty-ninth Victoria number thirteen shall be and the same are hereby repealed, but all acts matters and things done commenced or purporting to be done in pursuance of any provision contained in the said repealed Acts shall except in so far as the same shall be incon­

sistent with the provisions hereof be as valid and effectual as if this

Act had not been passed.

2. The following terms in inverted commas shall for the pur­

poses of this Act unless the context otherwise indicate bear the

meanings set against them respectively—

" District "—Any Sheep District proclaimed under this Act
" Director "—Any Sheep Director during his term of office duly elected by the owners or appointed by the Minister-—and any person hereby authorized to act as a Director by virtue

of his office

" Chief Inspector "—The Chief Inspector of Sheep already appointed or that may under this Act be appointed

" Inspector"—The Chief Inspector or any Inspector of Sheep hereby authorized to act as Inspector

" Sheep "—Any ram ewe wether or lamb or any carcass skin

wool horn hoof or other portion of a sheep

" Flock "—Any number of sheep in one lot or in the charge of

" Infected sheep "—Any sheep suffering from or affected with scab—or any sheep which have formed part of a flock containing any sheep so suffering from or affected with scab—or any sheep which have been in direct or indirect contact with or have been on or carried over the same ground or have been kept in the same yard as such infected sheep

one person

" Run "—Any station farm yard road premises or other place where sheep are kept depastured travelled or dressed
" Owner "—Any owner whether jointly or in severalty—super­ intendent or person in possession or charge of any sheep
" Proprietor "—Any proprietor lessee licensee occupant over­

seer superintendent or person in possession or charge of
any land

"Brand"—A firebrand on the nose or face in letters or figures not less than one inch in length or a brand made with pitch tar or paint in letters or figures not less than three inches in length on the ribs back shoulder or rump of any sheep

"Disease "—The disease known as the Scab in Sheep

sheep within the next preceding six months or which have been dressed or dipped within the same period with medi­ caments commonly used for the cure of scab and all infected sheep within any of such definitions until declared clean

"Clean sheep"—sheep which have never been infected or sheep which have been infected and for which their owner has received from an Inspector a clean certificate in the form of the Schedule hereto marked A

"Infected run"—Any run on which any infected sheep have been within the next preceding six months and such run

until declared clean by the certificate of an Inspector

" Travelling sheep "—Any sheep whilst being driven or carried
by land or water or which have within one month next

preceding been so driven or carried along or over any place whatsoever other than the run on which they are ordinarily depastured

" Introduced sheep "—Any sheep introduced into this Colony

from any adjoining Colony in any other way than by sea
and for six months after they are so introduced

" Imported sheep "—Any sheep brought into any town port or place in the Colony by any sea-going or coasting vessel or

by any lighter or boat from such vessel and all such sheep
for six months after they are so imported

" Coast District sheep "—Any sheep for the period during which they shall be kept or depastured in the Coast Scab District and for six months after their removal inland therefrom

" Road "—Any proclaimed road or any road or way dedicated

to the public or which has been ordinarily used for three
years at least by the public

" Dressing"—Any dipping dressing spotting rubbing or applying

of a medicament used as a cure for scab

" Destroy "—To entirely consume by fire or to bury at a depth

of not less than three feet under ground or having pre­ viously consumed by fire the wool and skin to boil down the remainder of the carcass

" Justice "—Any Justice of the Peace

" Petty Sessions "—Any Court of Petty Sessions

" Minister "—The Minister charged with the administration of

this Act

" Governor "—The Governor with the advice of the Executive

Council

"This Ac t "—In addition to the enactments herein contained any regulations or proclamations made hereunder

"Market value of sheep"—Their value calculated as upon a sale with delivery on the run where such sheep shall be when ordered to be destroyed.

SHEEP DISTRICTS.

3. The Colony shall be divided into conveniently sized Sheep Districts to be defined by proclamation by the Governor from time to time.

ELECTION

ELECTION AND GENERAL POWERS AND DUTIES OF DIRECTORS.

4. In cach District there shall he elected annually in manner hereinafter directed five Directors who shall ho the Board of Directors of such District and remain in office until the next annual election of Directors Provided that in case a lesser number than five Directors shall be elected or if no election shall have taken place or if such election shall be in any respect invalid it shall be lawful for the Minister to appoint any person or persons as the case may require nominated by the Chief Inspector to be a Director or Directors and all such persons shall on the publication of such appointment in the Gazette be and be deemed to be Directors as fully to all intents and purposes as if duly elected hereunder.

5. Any person shall be competent to vote at elections of Directors and to be elected to the office of Director who is at the time of such election a bond fide owner of more than five hundred sheep or who is the superintendent of a bond fide owner of more than eight thousand sheep kept or depastured within the District for which such election of Directors is held and shall have been duly authorized by such owner to act in his absence as his deputy at such elections.

6. No owner or superintendent of infected sheep shall bo com­

petent to vote at any election of Directors or to be elected a Director

or having been so elected to hold office And no owner and his super­ intendent shall in any case hold office as Directors at the same Board.

7. At some convenient place and upon some day in the month

of February to be fixed by the Minister of which due notice shall

be given by publication in the Gazette any five or more bond fide owners and superintendents duly qualified as aforesaid shall meet and having chosen from among their number then present a Chairman to conduct the business of the meeting and to act as Returning Officer shall
give in to the Returning Officer before four o'clock on the afternoon of

the day of election their voting-papers each containing the names of
five persons qualified as aforesaid after which time no voting-paper shall

be received by such Returning Officer And the Returning Officer shall thereupon ascertain the five persons who have received the greatest number of votes and shall at some hour not later than six o'clock on the same day unless any objections to the qualification of any elector or candidate shall have been taken declare such persons to be duly elected Provided that in case of an equality of votes given for any

two or more persons the Returning Officer may give a casting vote Provided further that all such voting-papers shall lie open for the
inspection of the electors for one hour during which time all objections
as aforesaid shall be lodged And all such objections made to any voting-paper and all questions as to the qualifications of candidates and electors and all other matters necessary to be decided before the declaration of the result of the election shall be decided by the Returning Officer and such decision shall be final and conclusive.

8. Any vacancy in the Board of Directors shall be filled up by election at a special meeting to be convened by the Minister in like manner as hereinbefore provided with respect to annual elections And in the event of any vacancy not being filled up at such meeting it shall be lawful for the Minister to appoint some person nominated by the Chief Inspector to fill such vacancy But no vacancy shall affect the powers and proceedings of the Board provided that there is a quorum as hereinafter prescribed and the Director or Directors so elected or appointed shall hold office for such period only as the person or persons in whose absence default or stead he or they shall have been elected or appointed would have been otherwise entitled.

9. The Chief Inspector shall by virtue of his office be a Director in and for each district proclaimed under this Act as fully to all intents and purposes as if duly elected thereunder.

10. At any meeting two Directors shall form a quorum And at the first meeting after their election the Directors shall elect some one of themselves as Chairman of the Board who shall continue in

office until the expiration of his term of office as Director and in the

event of no such Chairman being elected or of such Chairman's absence from any such meeting the Directors then present shall
choose one of themselves as Acting Chairman And all questions and

other matters brought before any such meeting shall be determined by a majority of votes And in case of an equality of votes when more
than two Directors are present but not otherwise such Chairman or
Acting Chairman shall have a casting vote.

11. All meetings of Directors shall be called by a Director or the Chief Inspector by notice in writing either left at the residence of each Director or transmitted to him by registered letter And every such meeting shall be held at or near the place where the circum­ stances which shall have occasioned it took place and may be adjourned from time to time as the Directors shall deem necessary
And a record of the proceedings at every such meeting shall be

made in a book to be kept for that purpose to be called the Directors' Minute Book And the minutes of all such proceedings shall be signed by the Chairman or Acting Chairman and shall be conclusive evidence that such proceedings were duly held and taken under the provisions of this Act.

12. A Quorum of Directors present at a meeting to be specially called for that purpose shall nominate some fit person as District Inspector for the approval of the Governor but the Governor may decline to confirm such appointment either on account of the unfitness

of the person nominated or because an Inspector may not in the

opinion of the Minister be required for the District in question And whenever the Minister may consider that the services of one Inspector are sufficient for two or more Districts the Directors in such Districts shall meet together in some place to he appointed by the Minister and nominate an Inspector for such Districts.
13. Every Director shall be ex officio an Inspector of Sheep but without remuneration other than that directed in certain cases under Schedule B hereto.

14. In every District where disease exists the Directors shall meet at least once in every month to receive and consider the Inspector's report on the state of the District And when a District is free from disease the Directors thereof shall meet at least once a year.

15. On receiving information of the outbreak or suspected out­ break of disease in any part of a District the nearest Director shall visit the locality in question and in the absence of an official Inspector shall himself act and take all necessary steps in the capacity of Inspector under penalty in case of failure or neglect of removal from the Board

by the Minister.
16. Every Director acting as such or in the capacity of Inspector

as hereinbefore mentioned shall be allowed travelling expenses accord­
ing to the scale fixed by the Schedule hereto marked B.

17. No Director shall act as a Director or Inspector in any

matter or thing in which he is personally interested and no Director
shall act as a Director in any case where he has personally taken action as an Inspector or joined with an Inspector in directing the destruc­ tion of infected sheep under penalty of removal from the Board.

APPOINTMENT

APPOINTMENT AND GENERAL POWERS OF INSPECTORS.

18. The Chief Inspector shall be appointed by the Governor and shall exercise the powers and duties of his office throughout the

Colony and subject to the Minister shall have the control and super­

vision of the Inspectors.

19. It shall be lawful for the Governor to appoint as Inspectors competent persons to be nominated by the Directors and approved by the Governor and for the Directors or Chief Inspector to suspend and
for the Minister to dismiss or remove any Inspector.

20. Every Inspector is hereby empowered to enter at any time upon any run in order to inspect any sheep—to take possession of any sheep in respect of which their owner is committing any breach of

this Act and detain such sheep until the requirements of the said Act

shall have been complied with or until such sheep shall be released by order of the Directors on appeal as hereinafter provided—to carry out at the expense of the owner of any sheep when necessary any of the provisions of this Act with which such owner may fail to comply and to exercise and perform the several powers and duties herein authorized and directed And any person refusing to allow an Inspector to enter upon any run in the execution of his duty or hindering or impeding or attempting to hinder or impede him therein or refusing or delaying when requested to point out to an Inspector any sheep or to disclose whence any sheep have been taken or refusing to produce to the Inspector when required the Flock or Sheep Book or to wash or otherwise disinfect any premises yard vehicle or article found or used with or about any infected sheep to the satisfaction of the Inspector or to drive sheep in his charge to any place when required by an Inspector or to assist an Inspector in the examination thereof shall for every such offence incur a penalty not exceeding one hundred pounds.

21. Every Inspector when acting under the provisions of this
Act relating to introduced or imported sheep or prosecuting for a

breach of any of the provisions of this Act in respect of any such sheep together with all other persons acting in his assistance shall possess so far as the same may be applicable to the case all the powers

rights privileges and indemnities possessed by Officers of Customs or
other persons duly authorized in that behalf when engaged in search­ ing for or seizing or prosecuting for any offence in respect of any un­

customed or prohibited goods And any person by force or violence
resisting or impeding an Inspector or his assistants in the execution

of his duty with respect to such sheep shall on conviction be liable at

the discretion of the Court to the infliction of a penalty not less than ten pounds and not exceeding two hundred pounds or to imprisonment for any term not exceeding three months.

22. In any case except in that of imported sheep where the fact

of the infection of any sheep as declared by any Inspector's notice shall

be disputed by the owner of such sheep such Inspector may kill one sheep in each flock which he may consider infected and shall take possession of the skin or any portion thereof and having marked and caused the owner to mark the portion thus taken he shall pack up the same securely in the presence of the owner sealing the package with his own and the owner's seal and such package shall be produced and opened before any Court or Board of Directors as the case may be whenever the fact of any such infection may be in issue - And any person preventing or impeding or attempting to prevent or impede an Inspector in carrying out the several provisions of this section shall be liable to a penalty not exceeding fifty pounds.

23. The Directors shall and they are here by empowered at any Inspector's request from time to time to sanction the occupation

of some land being the property of the Crown and whether the same

is then occupied under lease or not as a run where such Inspector may detain any sheep under the provisions of this Act and where such sheep may be kept and depastured while so detained with the greatest safety And the owner of such sheep shall repay and make good to the lessee (if any) of the run on which they are so kept and depastured every loss damage or expense he may thereby sustain to be assessed by the Directors upon application to them by such lessee And any lessee refusing to permit such sheep to be so kept or depastured or preventing or attempting to prevent them from being so kept or depastured shall
for every such offence incur a penalty not exceeding one hundred

pounds.

24. An Inspector may, whenever necessary, employ any person or persons to assist him in carrying out the provisions of this, Act and the owner through whose neglect omission or other default or by reason of the infection or removal of or other dealing with whose sheep the expense of such employment shall have been incurred shall repay the same to the Inspector on demand.

25. No Inspector, other than a Director acting as such under section thirteen shall be either directly or indirectly an owner of or dealer in sheep or shall act as the agent of an owner of or dealer in sheep and no Inspector shall receive any payment or consideration
for the depasturing of any sheep, or the performance of any act matter

or thing directed or authorized by this A c t , under a penalty not exceeding twenty pounds , Provided always that nothing in this section contained shall prevent any Inspector from demanding and receiving any fees and charges so authorized.

CATAPRHED SHEEP.

26. Inspectors shall possess and exercise all the powers rights

and duties conferred upon owners and constables by the Act seventeen Victoria number twenty-seven for the purpose of preventing the spread of influenza or catarrh in sheep and of prosecuting or enforcing any penalty or forfeiture incurred thereunder and shall when acting in that behalf in addition to such powers rights and duties possess and exercise all the powers authorities rights immunities and duties conferred by

this Act which may be applicable to the provisions of the first-

mentioned Act. INFECTED SHEEP.

1.—Owners' duties.

27. Every owner of infected sheep whether such sheep shall have been declared infected by an Inspector or not is hereby required and directed to execute and perform the several acts matters and things herein particularly enumerated under penalty of a fine not exceeding twenty pounds for each and every day that he shall neglect or omit to do the same after the day upon which the obligation in each case first attached to him—

(a.) To write out date sign affix on some conspicuous place and maintain till his Pun on which such infected sheep are kept or depastured be declared clean a notice in distinct legible characters not less than one inch in length at each point of entrance of any road intersecting such run and at each point where any road commences to

form

form the boundary line of such run and also at all other points directed by the Inspector stating that disease had broken out thereon.

(b.) To insert a similar notice in the nearest local newspaper

for three successive weeks.

(c.) To send a written notice in the form of the Schedule hereto marked C to the nearest Inspector that his sheep are or are supposed to be infected containing a correct account of their number description brands or marks and the places where such sheep are then running.

(d.) To send a similar notice to the nearest resident Director.

(e.) The like to the proprietors of adjoining runs.

( f . ) To cause his infected sheep to be carefully shepherded by

day and securely yarded at night and in no case by an
aboriginal till they are destroyed or declared clean.

(g.) To brand all his infected sheep above the age of one month with the initials of his name or with his known station brand and also in either case with the letter S three inches in length such letters or brand being branded with paint of a red colour and when more flocks than one on the same run are infected to use a distinguishing brand or mark

for each flock.

28. The obligation imposed upon an owner of infected or suspected sheep by the next preceding section to do each and every act

matter and thing therein enumerated and his liability in default thereof

shall commence and continue to attach to such owner upon the expira­ tion of twenty-four hours from the time when the fact of such infection or suspected infection as the case may be shall have come to his know­ ledge And in the absence of direct or other satisfactory evidence to fix such owner with such knowledge proof that any sheep belonging to such owner have been infected for more than one calendar month shall in all cases be conclusive evidence that the fact of such infection had come to such owner's knowledge.

2.—Quarantine.

29. The Inspector on being satisfied that any run or part of a

run is infected shall define the boundaries of the same and place it in

quarantine by giving written notice to the owner thereof in the form of

the Schedule hereto marked D and also by posting placards and by the insertion of a notice in the nearest local paper And such quaran­
tine shall extend for one mile at least in every direction beyond the
boundaries of such infected run or part of a run and shall continue

and be in force until such run or part of a run shall have been released therefrom in manner hereinafter mentioned And all sheep within the said defined boundaries shall also be included and kept in such quarantine until released in like manner.

30. Such quarantine shall be binding on all persons whomsoever And if any person shall remove or cause to be removed or assist or be in any way concerned in removing any sheep beyond such quarantine or if any person shall take or assist or be in any way concerned in

taking any other sheep within such quarantine except as hereinafter
provided he shall for every such offence incur a penalty not exceeding one hundred pounds or be liable at the discretion of the Court to imprisonment for any term not exceeding six months And it shall be lawful for any person whomsoever to destroy all sheep taken in or out of such Quarantine contrary to the provisions of this Act.

31. Notwithstanding anything to the contrary hereinbefore;

contained every Inspector with the sanction of the Directors may remove all infected sheep back for any distance not less than two miles

from

from any road on or near which they are kept or depastured or to any other ground belonging to or occupied under lease by their owner where they can be kept with greater safety to other sheep than on the ground where they are so kept or depastured And such Inspector with the like sanction may also where necessary in order to obtain sufficient feed or water for any sheep placed in quarantine extend the boundaries thereof and may also with the like sanction and with the permission of the proprietor of the run placed in quarantine bring other infected sheep within such quarantine boundaries.

32. All runs and sheep placed in quarantine under the pro­ visions of this Act may be released therefrom on the certificate of an Inspector that such runs and sheep are clean and the proprietors or owners thereof may apply for such release to the Directors in the form of the Schedule hereto marked E Provided that notwithstanding anything hereinbefore contained any run or part of a run may be released from quarantine upon the sheep running thereon being declared clean.

3.—Destruction of sheep infected with scab.

33. On notice being given by an owner as hereinbefore directed or on reasonable ground of suspicion that any sheep are infected the

nearest Director and nearest Inspector shall immediately examine
such sheep and if they decide that such sheep or any of them are suffering from or actually affected with scab or that they have within the next preceding three months so suffered or been affected or have at any time during that period formed part of a flock wholly or in part

so affected such Director and Inspector shall make a memorandum
of the market value of such sheep and shall serve the owner thereof with a written notice in the form of the Schedule hereto marked F to destroy such sheep And unless an appeal shall be made by their owner as hereinafter provided against such notice such sheep shall be destroyed by him within the period therein stated to be computed according to the scale in the Schedule hereto marked G- And every owner failing to comply with any of the requirements of this section shall incur a penalty not exceeding one hundred pounds.

34. Any such notice to destroy infected sheep shall be held to be duly served upon an owner by being delivered to him personally or left at the head station of the run on which such sheep (not being travelling sheep) shall have been examined as aforesaid And when the

be held to be duly served on their owner on being delivered to the sheep so required to be destroyed are travelling sheep such notice shall	person in charge of such sheep And in the event of such owner
appealing to the Directors against such notice as hereinbefore provided the giving of a decision by such Directors confirmatory of such notice shall be deemed equivalent to the service thereof upon the owner so appealing.
35. Such owner may if he shall feel aggrieved by such notice to destroy appeal therefrom to the Board of Directors for the District in the form of the Schedule hereto marked S and thereupon the Directors shall make such order in the matter as to them shall seem proper And if the said Director and Inspector shall not have received such notice of appeal within the time in that behalf hereinafter provided such sheep shall be forthwith destroyed by the Inspector at such owner's expense.
36. In the event of any sheep being destroyed by an owner under the aforesaid notice to destroy such owner may at any time within two months thereafter lodge with some one of the Directors
for the District an application for compensation for the loss he may
have sustained by their destruction.

37. If after due inquiry by examination of the Director and In­ spector issuing the notice to destroy and of such other witnesses as the Directors may call such Directors shall be satisfied that the required notices have been given with respect to such sheep and that such sheep were infected and have been destroyed in compliance with the provisions

of this Act they shall fix and determine the market value of such

sheep supposing they had not been infected when destroyed and upon so doing such Directors shall sign and deliver to the owner thereof a certi­ ficate in the form of the Schedule hereto marked H awarding a sum

of money equal to two-thirds of such value as aforesaid as compen­

sation for the destruction of such sheep Provided that where any of such sheep shall have been boiled down the value of the net proceeds thereof shall also be inquired into by such Directors at the hearing of any such application and fixed and determined by them and two-thirds of such proceeds shall be deducted from the amount awarded as aforesaid and the amount remaining after such deduction shall be the amount of compensation to be paid.

38. Upon the presentation or transmission to the Colonial

Treasurer of such certificate of award of compensation and the approval

thereof by the Minister the Colonial Treasurer shall pay the amount
therein awarded to the owner or his order from the moneys standing

to the credit of the " Sheep Account" hereinafter described.

4.—Dressing infected sheep.

39. "Whenever sheep shall have been declared infected by an Inspector but no notice for their destruction shall have been served

on their owner as hereinbefore provided such owner shall dress such

sheep at such times and with such medicaments as the Chief Inspector may direct and upon such owner's default the Inspector shall dress such sheep at such owner's expense And any owner failing to comply with any of the requirements of this section shall incur a penalty not exceeding one hundred pounds Provided that no sheep shall be dressed without having been examined by an Inspector under a penalty not exceeding fifty pounds.

TRAVELLING SHEEP.

40. Any owner intending to travel sheep from any district in

which infection exists or has existed within a period of twelve months

previously or from a district adjoining any district in which infection
exists or has existed within a like period or from any district adjoin­

ing any Colony which may be notified in the Gazette from time to time by the Minister as a Colony in which infection exists shall before doing so apply for and obtain a certificate from an Inspector in the form of Schedule I hereto which such owner shall produce when required to any owner proprietor or Inspector and any owner intending to travel sheep from any other district shall give the Inspector notice of such intention stating the date of departure route and destination of such sheep And every owner failing to comply with any of the require­ ments of this section shall incur a penalty not exceeding fifty pounds.

41. Any owner intending to drive any sheep on ,or across,any run where sheep are kept or depastured or along any road which may intersect or form the boundary line of any such run shall give the proprietor thereof not less than twelve hours' notice of his intention
by leaving the same at such proprietor's house or homestead or at the

head station on such run under a penalty not exceeding twenty pounds provided that no such notice shall be required in any part of the Coast Scab District.

42. Every owner of travelling sheep which are not legibly branded with the letter T in addition to such owner's known or station brand shall for every such sheep so unbranded incur a penalty not exceeding sixpence and not less than one penny Provided that it shall not be necessary to brand with such letter any clean sheep intended to be driven from any one run to any other run not more

than forty miles distant belonging to the same owner or clean sheep
which may have strayed on to a neighbouring run or clean sheep
intended to be driven to pound.

43. Any proprietor may detain and examine travelling sheep approaching or being upon any part of his run upon reasonable suspicion of their being infected and upon his giving the owner of such sheep a written notice to that effect he may detain them until such owner shall call in the nearest Inspector to examine such sheep and determine whether or not they are infected And if such owner shall prevent them from being detained or examined as aforesaid or impede or hinder such proprietor in detaining or examining them or shall not within twenty-four hours after their detention give the

nearest Inspector written notice thereof by delivering the same to
him personally or at his residence such owner shall for every such

offence incur a penalty not exceeding one hundred pounds.

44. Any proprietor so detaining any travelling sheep shall

until the arrival of the Inspector either keep such sheep on his
own run or make such arrangements as shall prevent the further spread of the infection under a penalty not exceeding one hundred pounds And if such sheep shall be declared infected all necessary expenses incurred by such proprietor in the detention and keep of such sheep shall be paid to him by their owner Provided however
that if the sheep so detained shall be found on examination not to be

infected and that such proprietor detaining them had no reasonable grounds for suspecting them to be infected he shall pay to the owner

of such sheep the loss and expense occasioned by such detention.

INTRODUCED SHEEP.

45. No sheep shall be introduced from an adjacent Colony at any crossing-place other than those appointed from time to time by proclamation in the Gazette or specially sanctioned by the Directors

.of the district into which such sheep would pass on first crossing the Border And any sheep introduced contrary to the provisions of	this section shall be seized and disposed of as the Minister shall
direct.
46. No sheep intended to be introduced into this Colony shall be examined by an Inspector or brought across the boundary from any adjoining Colony until their owner shall first produce a certificate from the Inspector of that portion of such Colony contiguous to the crossing-place by which such sheep are to be so introduced stating that such sheep are not infected and when the said first-mentioned Inspector has obtained the said certificate and all.other necessary information he shall examine such sheep and shall determine whether or not they are infected and upon being satisfied that they are not infected he shall deliver to their owner a certificate in the form of the Schedule hereto marked J And any sheep introduced in violation of the provisions
of this section shall be seized and detained by any Inspector and
disposed of as the Minister may direct And any owner toll-keeper ferryman boatman or other person introducing or attempting to introduce or aiding or being concerned in the introduction of any sheep contrary to the requirements of this section shall on conviction of every

such

such offence be liable at the discretion of the Court either to imprison­ ment for any term not exceeding one month or to a penalty not exceeding two hundred pounds.

47. All sheep intended to be introduced shall before crossing the Border in addition to their owner's brand be legibly branded as follows—before passing the boundary line of Victoria with the letter

V—before passing the boundary line of South Australia with the

letter A—and before passing the boundary line of Queensland with

the letter Q—-and such sheep shall continue to be so branded for a period of six months after they shall have passed any such boundary And any owner failing to comply with any of the requirements of this section shall incur a penalty not exceeding one hundred pounds and a further penalty of ten pounds for every day that he shall neglect or delay to brand such sheep after notice from an Inspector.
48. Before any sheep shall be allowed to be introduced as aforesaid their owner shall obtain from the Inspector a permit in the form of the Schedule hereto marked K to travel such sheep to their destination by the nearest usual and practicable road and such sheep shall not during a period of six months after such introduction be removed from the place of destination specified in such permit except by the issue of a fresh permit And every owner shall incur a penalty of twenty pounds for every day that he shall travel such sheep or allow them to be travelled without such permit and also a penalty not exceeding one hundred pounds for every deviation they shall make from the route laid down in any such permit.

49. The Governor may by proclamation suspend the provisions

of any one or more of the four next preceding sections for any period

not exceeding six months in respect to sheep introduced or proposed to be introduced from any Colony in which disease is not known to exist and may for a like period and in like manner absolutely prohibit the introduction of sheep from any of the adjoining Colonies.

50. No owner shall obtain any compensation for introduced sheep destroyed under this Act which may be declared infected within six months of their introduction unless such owner can prove upon appeal to the Directors to their satisfaction that such sheep became infected after being introduced.
51. Notwithstanding the production of a certificate from the proper officer in a neighbouring Colony to the effect that any sheep proposed to be introduced into this Colony are clean it shall be

competent for the Inspector in this Colony provided there are any	circumstances which may cause him to suspect that the said sheep
are infected to refuse to admit such sheep until they shall have remained for a period of not less than three months at some place within such neighbouring Colony to be indicated by such Inspector
distant not more than ten miles from the crossing-place by which
they are intended to bo introduced and shall have undergone a course of three dressings to be prescribed by the Chief Inspector and such sheep shall then be introduced if after the expiration of such period they shall be found upon examination by the Inspector to be clean.

IMPORTED SHEEP.

52. The Governor may set apart a piece of ground near each

of the seaports of Sydney Newcastle Eden and Grafton and at such

other seaports as may from time to time be required as a quarantine ground to which all imported sheep (not being sheep brought coastwise
for slaughter) which have been examined by an Inspector and not found
to be infected shall be taken and where they shall be kept till they are dressed and certified to be clean as hereinafter provided and may also

set

set apart at each such seaport a piece of ground as a quarantine ground for the reception and dressing of such imported sheep found to be infected.

53. All necessary yards sheds and apparatus for dipping such

imported sheep may be erected on the quarantine grounds so set

apart And all quarantine grounds shall together with all erections

fixtures and appurtenances whatsoever be under the charge of the Inspectors of or nearest to the respective seaports at which they are
situated whose duty it shall be to see that the necessary sustenance is

provided for such sheep and that the dressings hereinafter described are properly applied And the owner of such sheep shall pay to such Inspector the charges fixed by Schedule hereto marked L.

54. Notice of the arrival of any such imported sheep shall

be given by their owner to the Inspector nearest to the port of

arrival and such sheep shall be examined before being landed

and if found infected they shall be forthwith removed to the

quarantine ground set apart for infected sheep where they shall be

dressed with such medicaments and at such times as the Chieflnspector shall direct and shall remain until they are thoroughly cleansed and until a period of not less than six months shall have elapsed from the date of their last dressing And any such imported sheep not found to be infected shall be removed to the quarantine ground set apart for that class of sheep where they shall remain for a period of not less than two months and on being conveyed to such ground they shall be dressed three times at intervals of ten days between each dress­ ing with the medicaments and in the manner directed by the Chief Inspector And if on the expiration of the said period such sheep shall be found clean the Inspector shall give to their owner a certi­ ficate of cleanness and permit for removal in the form of the Schedule hereto marked M And any owner of sheep or master of a vessel failing to comply with or aiding or being concerned in the breach of any of the requirements of this section shall for every such offence incur a penalty not exceeding one hundred pounds.

55. A notice similar to that directed in the next preceding section shall be given by the owner of imported sheep brought coast­ wise from any one port within the Colony to any other and such sheep may be landed at but not removed from the port of arrival previous to inspection and if intended for slaughter at such port and are found on examination not to be infected the Inspector shall grant the owner

hereto marked N Provided however that any sheep brought coastwise	of such sheep a permit to that effect in the form of the Schedule
which may be intended to be removed inland more than five miles from the quarantine ground of the port set apart for sheep not found infected shall be subject to all the provisions affecting imported sheep as set forth in the next preceding section And any person fairing to
comply with or aiding or concerned in the breach of any of the
provisions of this section shall incur a penalty not exceeding one hundred pounds.
56. Notwithstanding anything in this Act contained any sheep arriving at any port in this Colony for transhipment may be landed and kept for any period not exceeding twenty days at such port and may be shipped therefrom without being subject to the requirements as to dressing hereinbefore provided with respect to imported sheep Provided upon inquiry and examination by an Inspector they shall not be found, to be infected or suspected of being infected.

COAST DISTRICT SHEEP.

57. The Governor may by proclamation in the Gazette define a

district to be known as the " Coast Scab District" and may alter the

same from time to time. 58.

58. Every owner intending to remove any sheep inland from the Coast Scab District shall give the nearest Inspector three clear days' notice of such intention And before removing such sheep such owner shall dress them in the same manner as is hereinbefore provided with respect to imported sheep and shall obtain such Inspector's certificate and sanction for their removal in the form of the Schedule hereto marked O And any person failing to comply with or aiding or concerned in the breach of any of the provisions of this section shall incur a penalty not exceeding one hundred pounds Provided that sheep which have been treated as imported sheep if removed inland within twenty-eight days after the date of their clean certificate shall not be subject to the provisions of this section.

PENALTIES.

59. Any person wilfully communicating or attempting to com­

municate or aiding or being concerned in communicating any infectious disease to or among any sheep shall be guilty of a misdemeanor and shall on conviction thereof be liable at the discretion of the Court to imprisonment for any term not exceeding seven years with or without
hard labor.

GO. Any owner or proprietor may seize and destroy any infected sheep (provided they do not exceed two hundred in number) found straying off their own run without a shepherd or other person in charge of such sheep and the owner of such sheep shall if such stray­ ing shall have arisen from his culpable negligence incur a penalty not exceeding one hundred pounds Provided that such owner or proprietor seizing such sheep shall within twenty-four hours after such seizure give notice thereof in writing to the nearest Inspector under a penalty not exceeding ten pounds.

61. Every owner whose sheep (being infected sheep) shall
come in contact or mix with any other sheep or be put into the yard or

driven on to the run occupied by such other sheep whereby their owner shall incur any loss damage or expense shall make good and defray to such last-mentioned owner such loss damage or expense to be

fixed and determined on application as hereinafter provided by the
Directors of the District.

62. If any person shall cast any infected sheep into any stream

or water or if the owner of any such sheep shall leave the same

undestroyed for twenty-four hours on any road or within half a mile	thereof he shall incur a penalty not exceeding one hundred pounds.
63. Every person who has in his possession for the purpose of sale or who shall slaughter or cause to be slaughtered for sale or expose in any public shop stall market or other place any infected sheep knowing the same to be infected shall for every such offence incur a penalty not exceeding twenty pounds And upon any convic­ tion under this section the Court shall order and direct such infected sheep to be seized and destroyed.
64. No wool skins or other portion of a sheep shall be introduced or imported into this Colony otherwise than by sea from any other
Colony which the Governor may by proclamation declare to be infected And all wool skins or other portions of a sheep introduced contrary to
the provisions of this section may be seized and destroyed or otherwise disposed of as the Minister shall direct And any carrier or other person conveying or being in charge of such wool skins or other portions of any sheep as aforesaid shall incur a penalty not exceeding twenty pounds.

G 65.

65. Every owner intending to pack or remove any wool skins or other portion of any infected sheep shall give the nearest Inspector

three clear days' notice of such intention And if such owner shall
fail to give such notice or shall remove or carry away otherwise
than in bags or bales securely packed and branded "Infected" in

letters not less than three inches in length any such wool skin or other portion of such sheep (not liable under this Act to be destroyed) he shall incur a penalty not exceeding one hundred pounds And any Inspector having just cause for suspecting that any such wool skin or other portion of such sheep has been removed or is intended to be removed or is being exposed contrary to the provisions of this section may detain and examine and may also enter upon any premises and search for and examine any wool skin or other portion so suspected

of belonging to infected sheep.

66. Any owner who knowingly permits or connives at the tra­

velling of any infected sheep (except with the sanction of the Directors and Inspector as hereinbefore provided) shall be guilty of a misde­ meanor and be liable at the discretion of the Court to be imprisoned for any term not exceeding two years And such infected sheep wherever found shall be destroyed at the owner's expense without compensation.

67. Any owner wilfully leaving or abandoning any sheep on any run without the consent of the proprietor of such run shall incur a penalty not exceeding one pound for every sheep so left or aban­ doned and such sheep may be destroyed without compensation to the owner thereof Provided that any sheep left or abandoned on any road intersecting or forming the boundary line of any run shall be deemed and taken to be left and abandoned on such run.
68. The owner of the carcasses of any travelling sheep left for more than twenty-four hours undestroyed on or within a mile of any road shall incur a penalty not exceeding one pound for every such carcass so left undestroyed.

69. No owner or other person shall convey inland without the sanction of the Chief Inspector any wool skin or other portion of any sheep from any seaport in the Colony or from any place in the Coast Scab District under a penalty not exceeding five pounds.

70. No owner or other person shall brand any sheep with any

of the letters S T V A or Q or with paint or other ingredient of a red color unless to denote that such sheep are respectively infected sheep travelling sheep or introduced sheep as hereinbefore provided

under a penalty not exceeding ten pounds.

71. Every Inspector or other person who shall make any

return or report required or authorized by this Act or shall sign any

false certificate respecting any sheep knowing such return report or certificate respectively to be false or shall forge or alter or utter or put off any return report notice certificate permit brand or mark knowing the same to be forged or altered shall be guilty of a mis­ demeanor and shall at the discretion of the Court be liable to imprisonment for any term not exceeding three years.

72. All sheep above the age of six months depastured in any district shall be branded and kept legibly branded in a conspicuous way

by the owner thereof and every such brand shall be the station brand

of such owner and shall be registered by him in the Register Book of the Inspector of such District And if the station brands of any two such owners within the same district shall be identical the Inspector may require one of such owners to alter his brand And every such owner who shall fail to comply with any of the requirements of this section shall incur a penalty not exceeding fifty pounds.

73. Every duly authorized Inspector of Slaughter-houses shall

give to the nearest Inspector immediate notice of the fact of any infected sheep having been slaughtered or brought for slaughter and shall

give every information and assistance in tracing and detecting disease
and shall also in each case make a written memorandum of the symptoms of such infection under a penalty not exceeding twenty pounds.
74. Every sheep-salesman dealer in sheep or butcher and every owner not liable to contribute as hereinafter provided who shall keep or depasture sheep shall on or before the first clay of January in each year register his run or premises in the register book of the Inspector of the District under a penalty not exceeding ten pounds.
75. Every owner who shall put sheep on a run on which sheep shall not have been depastured within the next preceding six months with the intention of keeping such sheep thereon for any period over two months shall within ten days of the arrival of such sheep

on such run give the Inspector of the District notice of such arrival
under a penalty not exceeding ten pounds Provided that when any owner has registered his run as required by the next preceding section such notice may be dispensed with.

76. Any person who shall pull down deface or otherwise destroy any notice or placard required by this Act to be posted shall for every such offence incur a penalty not exceeding twenty pounds And any person who shall act in violation of any of the provisions of this

Act to which offence a penalty is not herein expressly attached shall for every such offence incur a penalty not exceeding ten pounds.

REGULATIONS.

77. The Governor may from time to time make alter or

repeal any regulations not being inconsistent with the provisions of this

Act for carrying out the same in respect of any of the following
matters or things namely :—

The place of meeting and mode of voting of owners
The powers and duties of Directors and of Inspectors

The placing of land and sheep in quarantine and releasing the

same therefrom

The destruction of infected straw and fodder

The detaining and keeping travelling sheep supposed to be

infected and while being dressed or cleansed and their

destruction where necessary

The keeping dressing and cleansing of imported sheep

The keeping and depasturing within the Coast District of sheep

brought to market for sale

All other matters of detail necessary for carrying this Act into

effect—

And all such regulations shall on being published in the Gazette have the full force of law and copies thereof shall be laid before Parliament forthwith if then sitting and if not then within one month after the commencement of the then next Session.

CONTRIBUTIONS

CONTRIBUTIONS AND EXPENSES.

78. In order to provide a fund for carrying into effect the pro­ visions of this Act and to defray the expenses connected therewith an

annual contribution at the rate of one pound for every one thousand

sheep or portion of a thousand sheep belonging to any owner shall be levied from such owner and paid by him on or before the thirty-first day of May in every year to the Colonial Treasurer or to such other person as may be authorized on his behalf Provided that no contribu­ tion shall be payable by any owner whose sheep do not exceed five hundred And the Colonial Treasurer shall carry such contributions over to the Consolidated Revenue Fund to the credit of a special account (to be called the " Sheep Account") and an account of all moneys paid out of such fund under the provisions of this Act shall be kept in the books of the Treasury And such contribution shall be an

annual preferential charge on all sheep into the possession of whom­

soever they may pass Provided however that any such rate of con­ tribution may be reduced or wholly remitted by the Governor should he deem it expedient to declare the same by proclamation.

79. Every owner of sheep liable to contribute as aforesaid shall on or before the first day of January in each year deliver per­ sonally ,or transmit by registered letter to the Clerk of Petty Sessions

nearest to the Pun on which such Sheep then are, (whether they be
travelling sheep or sheep kept or depastured on such owner's run) a return of such sheep accompanied by a declaration made before a Justice in the form of the Schedule hereto marked P 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 every continued failure or neglect after notice by the Inspector.

80. I f on or after the first day of May in any year no

return or an insufficient return shall have been made by any owner
in respect of any sheep as aforesaid the Inspector of the District in which such sheep are then kept or depastured shall furnish such Clerk of Petty Sessions with an estimated return of the number of sheep belonging to such owner within such district or of the number of sheep by which such insufficient return is deficient as the case may be And every such estimated return shall unless such owner shall have appealed therefrom as hereinafter provided be dealt with in all respects and shall be as binding upon such owner as if the same had been duly made by him.

81. Every Clerk of Petty Sessions upon the receipt of such

returns shall calculate the amount of contribution due by such
owners and shall in the case of returns duly made by the owners on or before the first day of March in each year and in the case of all other returns immediately on the receipt thereof transmit to the Colonial Treasurer to the Auditor General and to the Chief Inspector of Sheep a general return in the form of the Schedule hereto marked Q of all the owners making such returns as aforesaid, and of the amounts which they have respectively to contribute And such con­ tributions as specified in such general returns shall be due and pay­ able by the owners at the Treasury except in so far as the same may be affected by any decision on appeal.

82. The Clerk of Petty Sessions shall in the case of returns duly made by the owners not later than the thirty-first day of March in each year and in the case of all other returns immediately on their being made to him give the several owners mentioned in such returns to him notice in the form of the Schedule hereto marked P by regis­ tered letter of the amounts of their respective contributions and of the time and place of payment of such contributions.

83. Any owner considering himself aggrieved by the amount

of the contribution, or Inspector's estimated return, so notified to him may appeal therefrom to the Directors of his District on giving intimation in writing to that effect to the said Clerk of Petty Sessions and to the Inspector of such District, at any time within ten days of the

date of the receipt of such notice of contribution.

84. If no notice of appeal shall have been given within the time so specified as aforesaid or if such appeal shall have been decided against the appellant or if from any cause whatever the owner liable to a contribution shall not on or before the •thirtieth day of

June pay the same to the Colonial Treasurer or other person authorized

in that behalf as aforesaid—the Colonial Treasurer shall issue a warrant to the Clerk of Petty Sessions nearest to the residence of such owner directing him and his assistants to levy the amount of such contribution due from such owner together with an additional sum equal to one- fifth thereof as penalty by distress and sale of such a number of any sheep belonging to such owner or of the goods and chattels of such owner as shall be sufficient to pay such contribution and penalty and the costs of such warrant levy and sale And such Clerk of Petty Sessions and his assistants are hereby empowered to enforce such

warrant by distress and sale if necessary in like manner so far as

possible as warrants of distress issued by Justices upon an order for

the payment of money are by law enforced.

85. Prom the funds standing at the credit of the Sheep

Account hereinbefore described the Colonial Treasurer shall under

warrant of the Governor pay all compensation moneys salaries remu­

nerations travelling expenses and other sums authorized by this Act.

APPEALS AND APPLICATIONS.

86. Any owner feeling himself aggrieved by any notice or decision or refusal to issue any certificate or permit by an Inspector or by a Director and Inspector may appeal therefrom in the form of the Schedule hereto marked S to the Directors of the District in which the circumstances out of which such appeal may arise shall have taken place And in the case of an appeal against the destruction of infected sheep such appellant shall give notice of such appeal to the Inspector and Director named therein and shall lodge such appeal with one of

the Board of Directors of such District within ninety-six hours	after the time of the service upon such appellant of the notice
to destroy such sheep And in the case of an appeal against any other notice decision or refusal of an Inspector the appellant shall
give notice of such appeal to such Inspector and shall lodge the
same with one of the said Board within three days after the time when such notice has been served on him or such decision or refusal has been notified to him.
87. Any owner making any application for compensation for the destruction of infected sheep or any other application authorized under this Act shall make and lodge the same with the Directors of his District in the form of the Schedule hereto marked T and shall give the Inspector of such District concurrent notice thereof.
88. Every Board of Directors may receive hear and determine any appeal or application under this Act and issue summonses directing any Inspector witness or other person to attend the hearing of such appeal and application and receive and examine evidence upon oath
And on any such appeal or application being lodged with a Director
as hereinbefore provided against the destruction of infected sheep such Director shall appoint some daynot earlier than the third nor

any

later than the fifth after the lodging of such appeal—and in the case of

any other appeal or application some day not earlier than seven nor

later than fourteen after the lodging of such appeal or application—

and some convenient hour and place for the hearing thereof of which day hour and place he shall give due written notice to the appellant or applicant and to the other Directors of the District and also to the Inspector and to any witness whose evidence may he required at the hearing by causing the same to be delivered to them personally or left at their respective places of abode.
89. Such Directors shall hear and determine any such appeal or application as nearly as may be in the manner and form in which appeals are by law conducted at Quarter Sessions and shall assess and tax the costs thereof and the expenses of the witnesses attending the same as well as the travelling expenses of the Directors and Inspectors

this day of 1866.

SCHEDULE V .

DISEASES IN SHEEP ACT OF 1866.

Sustainment of Appeal or Application.

W E the undersigned being a quorum of the Directors for the Sheep District of

having this day heard an appeal [or application] lodged by of

[here state the matter of such appeal or application] and having heard and considered the evidence adduced to support the same do hereby adjudge the same to be sustained and do accordingly order [here stale the order],

Sheep Directors.

Given under our hands at )

this day of 1866.

No. X V I I .