Scab (1844) (WA)

W ESTERN AUSTRALI A.

ANNO SEPTIMO,

VICTORIA] REGINA].

No. XV.

An Act to prevent the spreading of the In- fectious Disease called the Scab in Sheep in the colony of Western Australia.

HEREAS it is expedient to prevent the spreading of the Preamble.

Winsectious disease called Scab or Mange in sheep:—Be it

enacted by His Excellency the Governor of Western Australia, by

and with the advice and consent of the Lagislative Council thereof,	Any person driving o
that from and after the passing of this Act any proprietor or per-	infected with scab to shaysuffering sheep or lamb
son having Lae charge or management of sheep, who shall know-	on the land of any othe
ingly or wilfully turn out, keep, depasfure, drive, or conduct, or	pay a sum not exeeediniperson, shall forfeit am
permit or cause to be turned out, kept, depastured, driven, or	LIO.

7th Viet., No. 15. 1844.

conducted, or shall carelessly or negligently suffer to stray, any sheep ore lamb, infected -with the disorder called scab or mange upon any land whatsoever, except theland belonging to and farmed or rented, or occupied under license, by such person, shall on conviction thereof before any one or more Justice or Justices of the Peace of the said colony, forfeit and pay for every such offence aay sum not exceeding ten Pounds, together with all reasonable costs and charges, to be ascertained by the Justice or Justices before whom such conviction shall take place.

/Cot to prevent the driv• II. AND be it enacted, that nothing in this Act shall be taken

ing to or ft out market,

8k.: to apply to the driving of any such sheep or lambs either to or from any market or place of purchase or sale, or from any place where such sheep or lambs may have been imported to their gra- zing station, or from one grazing station to another belonging to

Provided notice shell always, that in every such case a cautionary notice shall have beenhave been given to the or rented, or occupied by hcense by the same individual—Provided

occupier./.handson which given beforehand by the person so driving such sheep or lambs to

tare are flocks. the owner or occupier of any lands upon which there may be any

flocks, apprising him of the day and time in which he intends to

drive such sheep or lambs over such lands as aforesaid.

Infected sheep. Penalty for abandoning M. AND be it enacted, that if any person shall wilfully set

at large and abandon any sheep or lamb infected with the said disease called the scab to the danger of infecting other sheep with such disease, every person so offending shall be liable upon com- plaint made upon oath by any proprietor or overseer in charge of any sheep, and upon conviction before any one or more Justice or Justices of the Peace, to forfeit and pay a penalty or sum not ex- ceeding Twenty Pounds.

Persons suffering infected

sheep to mix with the IV. AND be it enacted, that if any proprietor or person having

flocks of other persons, so	the charge or management of any sheep or lambs infected with the
na to communicate the
disease, liable to reim-	said disease shall permit or suffer such infected sheep or lambs to
burse such other persons.	mix with the sheep or lambs of any other person, and thereby communicate the said disease to any such sheep or lambs of any such other person or persons, then and in every such case such proprietor or person having the charge or management of sheep or lambs so infected as aforesaid, shall notwithstanding he shall have given any such notice as aforesaid, be subject and liable over and

1844.             7th Viet., No; 15.

above any other penalty imposed by this Act, to forfeit and pay to the person or persons to whose sheep or lambs such disease shall be so communicated, such sum of money in the judgment and dis- cretion of the Justice or Justices before whom complaint shall be made as shall be sufficient to reimburse such person or persons for the losses and expenses which he, she, or they shall have incurred or been put to thereby, so as that such sum shall not in any one case exceed the sum of Fifty Pounds ; and such sum shall be re- covered upon complaint brought by or on behalf of the injured person or persons, and duly proved before any two or more Justices of the Peace, in like manner as any fine or penalty imposed by this Act—Provided always, however, that every such complaint as last Proviso limiting the time

the cause of such complaint shall have arisen; and provided also; tifolirtibillId the amountaforesaid shall be brought within three calendar months next after of bringing such cotes.

that no action or suit at law shall be brought in any court of the said colony for or in respect of any loss expense, or damage which shall or may be incurred as aforesaid after the cause shall have been heard and determined in a summary way as hereby provided ; and if any such action or suit shall be brought for such cause it shall be lawful for the defendant or defendants to apply to the court wherein such action or suit shall be brought to stay proceedings, and such court is hereby required to stay proceedings accordingly, and to award such reasonable costs as shall be thereby incurred by such defendant or defendants.

V.     AND be it enacted, that if any person convicted of any Appeal.

offence or offences, or adjudged to pay any sum under the provi; sions of this Act, by any Justice or Justices of the Peace as afore- said, shall think himself or herself aggrieved by the judgment of such Justice or Justices, such person shall have liberty to appeal from any such conviction or judgment to the next Court of Quarter Sessions of the Peace.

AND be it enacted, that no conviction shall be had under this Act on any case which may have happened more than three iagt months before the time of laying the complaint. Limitation of proceed

VI.

VIII. AND be it enacted, that all fines, forfeitures, and penal- Recovery and ri-

ties imposed by this Act shall be sued for and recovered before one ation

or more Justice or Justices of the Peace, according to the provi-

sions of the Act of Council to regulate summary proceedings before

Justices of the Peace.

penalties.

7th Viet. No. 15. 1844.

Act may bo amended. VIII. AND be it enacted, that this Act may be altered, amended, or repealed by any Act to be passed during the present Session.

JOHN HUTT,

GOVERNOR.

Passed the Council the 13th

day of June, 1844.

EDWARD C. Selina,

Clerk of Council.

Printed by authority of the Government, by E. Stirling, Perth.