Scab Act 1882 (WA)
WESTERN AUSTRALIA.
ANNO QTJADRA_GESIMO SEXTO
VICTORIA', REGINA:.
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No. XV.
AN ACT to amend and consolidate the Laws for preventing and exterminating the Scab in Sheep.
[Assented to, 21st September, 1882.]
HEREAS it is expedient to amend and consolidate the Laws
Preamble.
to make other provisions with reference thereto: Be it enacted byW for preventing and exterminating the Scab in Sheep, and His Excellency the Governor of Western Australia and its Depen- dencies, by and with the advice and consent of the Legislative
Council thereof, as follows:—
| 1. THE following Acts are hereby repealed, except so far as regards any proceedings commenced or offences committed, or the | Repeal of Acts. |
460 VICTORIA:, No. 15.
The Scab Act, 188,9.
recovery of contributions, or the appointment of any inspector or
other officer thereunder, namely:
The 30th Victoria, No. 13. The 36th Victoria, No. 6. The 41st Victoria, No. 13. The 43rd Victoria, No. 16. The 44th Victoria, No. 8. The 45th Victoria, No. 2.
| Short Title. | 2. | THIS Act may be cited as "The Scab Act, 1882." |
| Interpretation. | 3. |
THE following terms in inverted commas shall, for the pur-
poses of this Act, bear the meaning set against them respectively,
unless the context otherwise indicates:—
" Rim,"—Any station, squat, farm, paddock, yard, or other place where sheep are kept or depastured ; and in the absence of a quarantine boundary defined by an inspector in his declar- ation, includes the whole area of the land held in one block or in several contiguous blocks by an owner.
" SHEEP,"—Any ram, ewe, wether, or lamb.
" OwicEn,"—Any proprietor, lessee, licensee, overseer, superinten-
dent, manager, or person in possession or charge of any sheep, but shall not include the shepherd, unless such shep- herd shall also be the overseer, or bond fide owner of such sheep.
" 1NsrEcrox,"—Any inspector or assistant inspector of sheep appointed under this Act.
" INFECTED SHEEP,"—Any sheep actually infected with the disease called scab, or any sheep which may have formed part of a flock one of which is infected, or which has been infected within the next preceding six months, and all infected sheep within the aforesaid definition, until declared clean.
"SUSPECTED SHEEP,"—Any sheep, other than sheep coming within the definition of " infected sheep " prescribed by this Act, which from having been in contact or associated with "infected. sheep " from another flock, or from any other cause (although no certain indication of infection is observable on such sheep), may by an inspector be reasonably supposed to be likely to become " infected."
" CLEAN,"—Free from scab under the certificate of an inspector.
" BRAND " or " BRANDED,"—TO brand or be branded on the rump
with some suitable composition.
46° VICTORLE, No. 15.
The Scab Act, 1882.
"PUBLIC WAY,"—Any road within the meaning of " The District Roads Act, 1871," or any road or way dedicated to the public, or which shall have been ordinarily used by the public three years at least.
"TRAVELLING SHEEP,"—Any sheep driven or carried by land or water, or which have within one month next preceding been so driven or carried alon.g or over any place whatsoever other than the run on which they are ordinarily kept or depastured.
| DESTROY, "—To | destroy by entirely consuming by fire, or |
entirely burying at a depth of three feet at least under
ground, or boiling down.
" Jusnoe,"—Any Justice of the Peace.
| THE Governor may from time to time, by writing under his hand to be notified in the Government Gazette, establish and fix the | Scab Districts. |
| boundaries or limits of " Scab Districts " in suck parts of the Colony, | |
| and comprising such areas respectively, as may be considered most | |
| convenient for the purposes of this Act. And may from time to | Appointment of Inspectors. |
| time appoint inspectors of sheep and assistant inspectors : Provided that the Governor may delegate the power of appointing assistant inspectors to any Government Resident or Resident Magistrate. And such inspectors and assistant inspectors shall hold office during the Governor's pleasure. |
4.
5.
| EVERY inspector may at any time enter upon any run, and inspect and examine any sheep wherever in the Colony they may be | Power and duties of Inspec- |
| tors. | |
| kept or depastured, and may exercise and discharge all the powers | |
| and duties conferred upon him by or under this Act in any and | |
| every part of the Colony; And whosoever shall refuse to allow any | |
| inspector to enter upon any run, or to examine any sheep, or shall | Penalty for obstructing him |
| attempt to hinder any inspector from, or to impede him in the exercise of his powers and duties, or if the owner of such sheep shall not when required by an inspector forthwith discover and produce and drive or assist in driving them or cause them to be driven into some convenient place for examination, shall be deemed guilty of an offence. |
| EVERY inspector who shall refuse, or wilfully neglect, or unreasonably delay to perform any of the duties hereby imposed on | Inspector liable to penalty |
| for delay or misconduct in | |
| him, or who shall be guilty of misconduct in the performance | the discharge of his duty. |
| thereof, or who shall wilfully abuse the powers and authority hereby entrusted to him, shall be deemed guilty of an offence. |
6.
46° VICTORI2E, No. 15.
The Scab Act, 1882.
EVERY owner shall, within three days after he shall have become aware of any of his sheep being infected, affix at each point of entrance of any public way intersecting that portion of his where such sheep are kept or clepastured, a notice signed by him and written or printed in distinct legible characters not less than one inch in length, to the following effect—" Scab on this run." And every such notice shall be dated on the day on which it shall be first affixed, and shall be kept so affixed until such sheep shall be duly declared clean ; and every owner of infected, sheep who shall fail or delay to cause such notice to be so affixed or kept affixed, and every person who shall wilfully tear, deface, or remove such notice, shall be deemed guilty of an offence.
| Public notice of scab break- | 7. |
| mg out. | . | |
|
THE owner of any sheep which may be, or become infected telegraph, to the inspector of his district, and also to the Resident Magistrate of his district, a notice of such infection, with a correct account of the infected sheep, stating the number thereof, and describing their several marks or brands, and precisely defining the localities in which they are respectively kept or depastured. And if the owner of any sheep which have become so infected shall neglect
| given to inspector and Resi- | • | b |
| days. | dent Magistrate within ten sheep, send in writing by messenger, or through the post, or by |
| Pei It on neglect. or omit to give such notice as is hereby required, upon information |
being laid by any inspector of such default, if the justices before whom the case shall be tried shall be of opinion that such sheep had been infected for a longer period than ten days to the knowledge of the owner, and that the notice hereby required to be given was not given within the time above specified, such owner shall be deemed guilty of an offence on and for every day beyond the said ten days during which such neglect shall have continued. And such or any other inspector may examine such or any other infected sheep,
| be issued.cleaning infected sheep to satisfied with or without any inspection or examination, irrespective | A compulsory license for on being satisfied that the same are infected sheep, or on being |
of such notice, or in cases where such notice has not been received. that any sheep are infected, shall issue as of course to such owner a compulsory license to keep any infected sheep, for the purpose of cleaning the same, in quarantine.
9. SUCH compulsory license shall enure for the following
| Duration | of compulsory periods, or until such earlier period as the sheep shall be clean: |
| licenses. |
If issued in the months of May or June—for sixteen weeks ; If issued in the months of July or August—for twelve weeks;
46° VICTORVE, No. 15.
The Scab Act, 1882.
If issued in the month of September—for eight weeks ;
If issued in the month of October—until the 1st day of
December ;
If issued at any time between the first day of November and
first day of May—for six weeks.
If such sheep shall not be " clean " on the expiration of such com- pulsory license, an inspector shall continue such license for a furtherperiod of eight weeks upon payment of three pence per head for such sheep.
| 10. EVERY owner of sheep, in respect of which a compulsory | Compulsory dipping. |
license shall have been issued under the eighth section of this Act, shall cause the said sheep to be dipped in some liquid wash deemed sufficient, in the opinion of the inspector, for the eradication of scab ; and in no case shall an inspector declare any such sheep to be clean, within the meaning of the said Act, until he shall have been satisfied that such sheep have been well and sufficiently dipped 7.s aforesaid.
| ' IF upon the expiration of any continued (or second) com- | Owner of sheep not clean |
| pulsory license, the sheep specified in such license shall not be | pulsory license to be guiltyafter expiration of com- |
| clean, the owner of the sheep specified in such license, not | of an offence. |
| being the shepherd or mere servant in charge of such sheep, shall | |
| be guilty of an offence, and an inspector shall thereupon make com- | |
| plaint of the same to any Justice ; and any two or more Justices, | Justices shall make order |
| upon proof of the offence, shall, in addition to the penalty prescribed | to be cleaned or to be |
| in this Act, order an inspector to enter upon the run of the owner | destroyed. |
| of such sheep; and seize, take possession of, hold, and take such steps as he may think proper to endeavor to clean the said sheep, and for that purpose an inspector may seize, take possession of, and use all tanks, implements, and medicines on the run; Provided, nevertheless, that the said Justices may, in lieu of such order, adjudge the sheep specified in such license to be forfeited, and thereupon such Justices shall order them to be destroyed by an inspector, without compensation to the owner thereof, or any person having interest therein ; and the expense incident to such destruction shall be borne by such owner ; and on such destruction of the said sheep the owner shall not be liable to pay any penalty then due in respect thereof. |
12. SUSPECTED sheep shall, on the written order of an ill- suspected sheep shall on
| spector delivered to the owner, be kept by such owner isolated and written order of inspector | be kept apart. |
46° VICTORIIE, No. 15.
The Scab Act, 1882.
free from contact with other sheep, for a period not exceeding thirty days. And every owner not complying with the terms of such order shall be guilty of an offence.
| on unlicensedown- la | EVERY owner who, without a license as hereinbefore pro- laded, shall knowingly and without reasonable excuse have any infected sheep on his run during any period exceeding ten days, shall incur a penalty of not less than One shilling nor exceeding Five shillings in respect of every sheep so infected. Provided that if any such owner shall desire to destroy the said sheep, he shall have one month for so destroying them. |
| Penal | ty | . — |
ers of infected sheep.
License may be avoided by14. IT shall be lawful for any inspector at any time during the
inspector. continuance of a compulsory license, issued under the eighth section
hereof, by writing delivered to the owner of such sheep, to declare such license to be, and the same shall thereupon become, absolutely void, if at any such time such owner shall not have taken measures, to the satisfaction of such inspector, for the cleaning of the sheep mentioned therein; and any owner whose license shall have been so declared void, shall incur a penalty of not less than Sixpence, nor exceeding One shilling, in respect of every sheep so infected, to be recovered in a summary manner before any two or more Justices of the Peace on the complaint of the inspector ; Provided that on any such declaration of avoidance by an inspector it shall be lawful for such Justices, on the application of an inspector, and after hearing and inquiring into the matter of such application, and examining witnesses on oath if necessary, either to order such declaration of avoidance to be annulled or to order such inspector by writing under their hands, delivered to such inspector, thereupon to enter upon the run, seize, and take possession of, hold, and endeavor to clean the sheep specified in such license, by such means as he may think proper, and for that purpose the inspector may seize, take possession of, and use all tanks, implements, and medicines on the run; Provided, nevertheless, that the said Justices shall have power, in lien of making the order aforesaid, to adjudge the sheep specified in such license to be forfeited, and thereupon such Justices shall order them to be destroyed by an inspector, without compensation to the owner thereof, or any person having interest therein, and the expense incident to such destruction shall be borne by such owner, and on such destruction of the said sheep the owner thereof shall not be liable to pay any penalty then due in respect thereof.
46° VICTORVE, No. 15.
The Scab Act, 1882.
| AN inspector may employ any person to assist him in cleaning or destroying any sheep ordered to be -cleaned or destroyed | Inspector may employ any- |
| one to assist. | |
| under this Act. And if any owner refuses to pay the expenses incident to such cleaning or destruction, they may be recovered summarily in like manner as any penalty under this Act. |
15.
| IN every case where any penalty or penalties shall have been imposed under the fourteenth and fifteenth sections of this Act, | Where penalty inflicted, |
| sheep may be sold to satisfy | |
| r any expenses shall have been incurred by any inspector in the | the same. |
| performance of his duties imposed upon him by the said sections, such inspector shall give notice in writing of the amount of such penalty or penalties, and of such expenses (if any), to the owner of the sheep in respect of which such penalty and such expenses (if any) have been incurred; and if the amount of such penalty andexpenses shall not be paid by such owner within one month, it | |
| shall be lawful for such inspector to sell, or cause to be sold, so many of the said sheep, at public auction, as in his opinion may be neces- sary to cover the said penalty and expenses (if any); and the proceeds of such sale shall be applied in the first instance to the payment of such penalty or penalties, and of such expenses (if any) as shall have been incurred as aforesaid, and the surplus (if any) shall be paid to the owner of the said sheep. |
16.
| EVERY owner of infected sheep, not depasturing within 'secure enclosures, shall cause the same to be followed and kept in | Owners of infected sheep to |
| cause them to be followed | |
| sight when depasturing throughout the day, and if an inspector by | during the night.during the day and folded |
| writing under his hand delivered to such owner shall so order, to be kept within secure enclosures throughout the night ; And any owner who shall neglect so to do shall incur a penalty not exceeding Twenty-five pounds for every clay or night he shall so neglect. |
17.
| EVERY inspector on being satisfied that any sheep are infected shall, by writing under his hand delivered to the owner of Quarantine | e for | infected |
| such sheep, declare the MU, or any portion thereof to be defined in | ix | |
| such writing, as and to be the boundary within which the whole of such infected sheep shall be kept in quarantine, until clean, and within such boundary no other sheep shall be admitted, or shall be Permitted to remain until such run shall be clean ; Provided, nevertheless, that an inspector may, subject to such conditions as he may deem necessary, permit infected sheep to be removed•from one quarantine boundary to another, and for such purpose shall in granting such permission deliver to the owner an instrument M. writing under his hand, defining the route over and the |
18.
46° VICTORIIE, No. 15.
The Scab Act, 1882.
conditions under which such sheep shall be taken or driven during such removal ; Provided, however, that nothing herein contained shall empower an inspector to permit such sheep to be driven across lands or runs other than those belonging to or in the occupation of the owner of such sheep, nor over nor upon public roads intersecting or bounding lands other than those of the said owner, except with the consent of the owner or owners of such other lands, and except over waste lands of the Crown not held under lease or license ; and any owner wilfully infringing the terms of such instrument shall be guilty of an offence.
| Penalties for infringing qua- | 19. |
EVERY such declared quarantine boundary shall be binding on the owner and all other persons whomsoever ; and any owner who shall knowingly remove or cause to be removed beyond such boundary any sheep not clean, or who shall knowingly infringe any of the provisions of the last preceding section, shall be deemed guilty of an offence.
rantine.
| False report to be an | 20. | WHOSOEVER shall wilfully make any false report, or sign |
| offence. | any false certificate or return respecting any sheep, shall be deemed guilty of an offence. |
| Branding infected sheep. | 21. |
ALL infected sheep above the age of three months shall be legibly branded by the owner with the letter S, at least three inches in length, and shall be kept by him so branded until clean. And every owner neglecting any provision of this section shall be deemed guilty of an offence.
| Brands evidence of in- | 22. | FOR the purposes of this Act, all sheep branded as aforesaid |
| fection. | shall be deemed to be infected sheep, and such brand shall be prima |
| facie evidence of infection. |
| Return of license fee under | 23. |
AT any time within one month after any owner shall have obtained a certificate that his sheep are clean, he may apply in writing to an inspector for authority to receive back any license fee, upon the ground that at the time of his paying the same such sheep were, and had thenceforth continued to be, actually clean, although according to the terms of this Act he was not then yet entitled to such certificate. And if upon full inquiry by the inspector it shall be satisfactorily shown the fact was so, he shall state it in writing. And the Colonial Treasurer, upon the authority of such written statement, and with the approval of the Governor, shall pay to such owner the amount of such license fee.
special circumstances.
46° VICTORI/E, No. 15.
The Scab Act, 1882.
24.
| ANY owner not having a written permission therefor from "an inspector, who shall drive or conduct or shall cause or permit to give notice t | Persons d | rivin | g | to | sheep |
| o o | occupier. | c |
be driven or conducted any sheep upon or across any run, or upon
or along any public way which may intersect or form a boundary
line of any run, without having given not more than forty-eight nor less than twelve hours' previous notice to the owner of such run, of ids intention to drive or conduct such sheep as aforesaid, shall be deemed guilty of an offence ; Provided that notice given at the 'house, homestead, or principal station of the owner, shall be deemed ?Sufficient notice. And such permission shall be applicable only to the particular sheep so mentioned therein and so being driven or conducted; and shall not enure for a longer period than shall elapse from the time when such sheep shall leave their run until they shall the expected to arrive at their place of destination, computing five miles a day as the rate at which, if driven, such sheep shall travel.
| 25. | EVERY owner or inspector may examine any travelling _ | er ay examine sheep |
Sheep which may be driven through, over, or be found upon, any driven on his lands.
;part of the lands occupied by him ; and if such sheep, or any part of them, shall upon examination be found to be infected, then the Owner of such travelling sheep shall not forthwith destroy all such infected sheep and drive the remainder back to the run from which they were first driven, along the same track by which they came, in such case the owner of such land may detain and keep possession, as well of the sheep so infected, as of the whole flock in which such :Sheep are found, until an inspector shall examine such sheep and decide whether or not the same or any of them are infected ; and the owner or person in charge of such sheep shall forthwith give notice of such detention to an inspector, who is hereby required to
epair without delay to the place where such sheep are detained, and
!to examine the same and ascertain whether or not such sheep fare infected with the said disease ; and if upon such examination the said sheep or any of them shall be found by the inspector to be infected, then the owner of such sheep shall be liable to :a. penalty of not less than Fifty pounds or more than Two hundred, arnoiety whereof shall be paid to the owner of the run on which the said sheep are detained, as compensation. And immediately on finding any of the said travelling sheep actually infected, such inspector shall destroy all such sheep on which scab actually.
| iexists, without any compensation to the owner thereof, and shall,Person then in care of such travelling sheep, with all possiblef he deems it necessary or proper so to do, require the owner or | expedition, to drive the remainder thereof back to the run from |
| Which they were then first driven, which he may do without being |
46° VICTORLE, No. 15.
The Scab Act, 1882.
liable to further examination and detention under this section ; and on failure to comply with such request, any inspector is hereby authorised to destroy the same, without compensation as aforesaid. Provided that if upon examination by the inspector the sheep, detained shall be found not to be so infected with the said disease. then the owner or person detaining the same shall be deemed guilty of an offence. And provided also, that in case the person in charge of or driving sheep through, over, or found upon any part of the lands lawfully occupied by any other person, shall refuse to permit such sheep to be examined or detained in manner aforesaid, or shall not, if required, assist such inspector in destroying such sheep,. the owner of such sheep shall be deemed guilty of an offence. Provided further that, with the consent of the owner of any infected run, any infected sheep may travel over the same. Provided that any sheep not being infected sheep driven from one run to any other 11.1n of the same owner, not being more than twenty miles, shall not he deemed travelling sheep within this Act.
26. ANY owner may seize and destroy any infected sheep which
Infected sheep loose may be he finds off their own runs without a shepherd. Provided that
unless, when practicable, such owner shall within three days there- after deliver in writing, or send by registered letter through the post. a notice thereof, with particulars of the sheep destroyed, to an inspector of the district, he shall be deemed guilty of an offence.
27. EVERY owner of sheep imported into any seaport, either
Imported sheep to be re-
| ported immediately to in- | coastwise or from parts beyond seas, shall report in writing the filet |
| spector, and not removed | of such importation as soon as practicable after their arrival to some |
| without his certificate. | inspector or Resident Magistrate at or near to such seaport, and shall not remove such sheep from such seaport until they shall have been declared clean by the certificate of an inspector or of any other person appointed by the Governor for that purpose ; nor until they shall have been, to the satisfaction of an inspector or other person appointed as aforesaid, well and sufficiently clipped in some liquid wash usually deemed sufficient for the eradication of scab; Provided that such clipping may be dispensed with in any case at the discretion of the inspector or such other person. And every owner, any of whose sheep so imported shall be so removed without the written permission of the inspector or such other person as aforesaid, shall for every sheep so removed incur a penalty not exceeding Five pounds. |
| Communicating scab, an | 28. | WHOEVER shall wilfully or negligently communicate 01' |
| offence. | cause to be communicated to any sheep the disease called scab, shall be deemed guilty of an offence. |
| 46° VICTORI | No. 15. |
The Scab Act, 1882.
ANY person employed in the capacity of a shepherd, who
nil the disease called scab breaking out in any flock of sheep in his Shepherd tpunishable for
"charge as such shepherd,, shall omit or neglect forthwith to inform
his master or employer thereof, or shall carelessly neglect any sheep
in his care, whereby they may become infected, every such offender
;shall on conviction before two justices forfeit any reasonable
damages for such sheep so neglected or infected as aforesaid, to be
'recovered in a similar manner as penalties under this Act, and in
'default of sufficient distress shall be committed to gaol by the
:convicting justices for any period not exceeding six calendar months,
with or without hard labor, at the discretion of the said justices ;
and the master or. employer of such shepherd so convicted may
.deduct the amount of such damages from the wages for the time
being due to such shepherd, or apply the whole thereof towards
''satisfaction of such damages, as the case may be.
29.
| WHOSOEVER shall cast or wash, or cause to be cast into pr washed, in any stream or waterhole or well, any infected sheep, or | Casting carcasses of infected |
| sheep into stream or water- | |
| the carcass or portion of the carcass of any infected sheep, shall | hole. |
| incur for every such infected sheep or carcass or portion of the {carcass a penalty of Ten pounds. |
30.
31. WHOSOEVER shall have in his possession for the purpose
Slaughtering or exposing
| 'of slaughter for sale, or shall slaughter or cause to be slaughtered for | for sale. |
| ;sale any infected sheep, or shall expose the carcass or any part thereof in any public place: shall be deemed guilty of an offence, and lithe convicting justices shall direct that the flesh of all such infected sheep so slaughtered or exposed shall be seized and destroyed. |
| WHOSOEVER shall remove or carry away the wool or `Skins of any infected sheep, otherwise than in bags or bales securely | How wool or skins of in- |
| fected sheep to be removed. | |
| packed and sewed up, shall be deemed guilty of an offence. |
32.
| FOR defraying the cost and expense of carrying this Act into effect, there shall in each year, on and after the first day of | Yearly contribution on |
| sheep. | |
| 7anuary, be levied and paid upon and in respect of all sheep dsheep a contribution of Two pounds, or such other less sum as theepasturecl and kept in any part of the Colony, for every One thousand | |
| Governor in Executive Council may determine and as may be notified in the Government Gazette, and so in proportion for any greater or smaller number possessed by one owner, such contribu- tion to be paid on or before the first day of April in each year, at the :Office of the Colonial Treasurer in Perth, or the Resident Magistrate | |
| ;6`f the district, or to such other officer, and at such other place, | |
| as the Governor may appoint. |
33.
46" VICTORTIE, No. 15.
The Scab Act, 1882.
34. EVERY owner of sheep shall, on the last Saturday in the
Returns of sheep to be month of December in each year, make a return in writing, signed made. by him, of all sheep kept and depastured by him ; and if such sheep
are kept and depastured by such owner in separate districts, then such owner shall make separate returns of all sheep so kept and depastured in such separate districts, and shall deliver or cause to be delivered such return or returns, within fourteen days after the same shall have been made, to the Resident Magistrate or Magistrates of the respective districts within which such sheep are so kept and depastured ; and any owner who shall make default herein shall be guilty of an offence within the meaning of " The Scab Act, 1882."
35. THE several Resident Magistrates shall within Twenty-one
Annual return of contribu- days after the first day of January in each year, from such returns Lion to be made. calculate the amount of contribution to be made by the several
owners within their respective districts, and shall on or before the first day of March then next, make a return thereof to the Colonial Treasurer, according to which return the contribution hereinbefore mentioned shall, upon notice as hereinafter provided, be due and payable as aforesaid by the owners therein named, except in so far as the same may be affected by any order made on appeal as herein- after provided.
36. THE said several Resident Magistrates shall also, not less
Notice of calculation of than One month previous to such contribution becoming due, cause contribution. a list of the amount of contribution to which each owner is liable, to
be affixed at some conspicuous part of the Police Office of his district, and requiring him to pay the same at the office of the said Resident Magistrate or Colonial Treasurer, or of such other officer as the Governor shall appoint to receive the same, from time to time, on or before the first day of April then next ensuing.
37.
ANY owner liable to contribute as aforesaid, who shall consider himself aggrieved by the amount charged to him, may appeal to the Petty Sessions of his district, on giving to the Resident Magistrate, by notice in writing, to be left for him at the Court House or Justices' Room of the district, or given to him in person, or sent to him through the post, Ten clays' notice of his intention to appeal, and the Petty Sessions shall determine the matter of the appeal.
| contributio | butio |
38. IN the absence of any such appeal within the time limited.
| Payment, how- enforced. | or in the case of such appeal being decided against the appellant, if |
46° VICTORLE, No. 15.
The Scab Act, 1882.
the owner liable to pay such contribution shall not on or before the
fifteenth day of April pay the same to the Colonial Treasurer orother officer as aforesaid, the same, together with an additional sum
equal to one-fourth part thereof by way of penalty, may be recovered
Summarily in like manner as any penalty under this Act.
| WHEN any magisterial district shall have been reported to the Governor by the board of advice, or such other authority as p Jenn e | isi tirt | t„ may be declared |
| may appear sufficient, to have been " clean " during a period of one | ||
| year, the Governor may, by notice in the Government Gazette, | ||
| declare such district to be " clean," and may revoke and annul such notice if necessary ; and no person shall drive or permit to be driven |
39.
any sheep from any place without the boundaries of any such clean Sheep not to be driven into
`district to any other place therein, without the written authority of "clean" district withoutcertificate from inspector.
an inspector, stating that such sheep have not been infected or :suspected during the preceding twelve months. Provided that such written authority shall have no force and effect for a longer period than three months from the date thereof. Provided further, that
nothing contained in this section shall be deemed to apply to sheep As to sheep for slaughter,
which, not being infected or suspected, are being driven to market or when first imported.
for the purpose of slaughter, nor to sheep when first imported into
the Colony travelling to their destination. And any person who
shall infringe any of the provisions of this section shall be deemed
guilty of an offence.
40. WHEN any district shall have been reported to the "When a district may be ex-
Governor by the board of advice, or such other authority as may empted from contribution.
appear sufficient, to have been " clean," during a period of three
wears, and during such period only as such district shall continue to
be so clean, it shall be lawful for the Governor to declare that such
district shall not be liable to pay any contribution under the
provisions of this Act.
| 41. | THE Governor may, by writing under his hand, make all | Regulations. |
necessary regulations respecting the duties of inspectors; and may
make any special arrangements necessary to prevent the occurrence of any public inconvenience by reason of the establishment of any .quarantine boundary or otherwise ; and as to all other matters of detail for carrying this Act into full effect so far as the same are consistent herewith and are not herein provided for by express
enactment, and such regulations, being published in the Government
Gazette, shall have the force of Law ; and any person guilty of a
breach or non-observance thereof, shall be deemed guilty of an
offence.
48° VICTORIA, No. 15.
The Scab Act, 1882.
42. THE notification in the Government Gazette of the appoint.
| Evidence of appointment. | ment of any inspector under this Act, shall be sufficient evidence of such appointment. |
43. ALL offences under this Act shall, in the absence of a specific
| Penaltiee for offences. | penalty, render the offender liable to a penalty not exceeding Ono hundred pounds ; and a conviction for an offence shall not prejudice the right of any person aggrieved by the Act constituting such offence, to recover damages in a civil action. |
| M. ALL penalties under this Act may be recovered in a an inspector. And such penalties shall in all cases go to the use of Her Majesty, her heirs, and successors, for the public uses of the Colony, and the support thereof ; but the same may, to the extent of one moiety in each case, be paid and applied to the informer or complainant, as the Governor may direct. | |
| Penalty, how recovered and | summary way before any two or more Justices on the complaint of |
| applied, |
45. IN every case where notice of appeal to the Supreme Court
In cases of appeal, Justicesshall have been given against any conviction or order made under may stay proceedings, or the provisions of this Act, It shall!;be lawful for dm Justices by otherwise. whom such conviction or order shall have been made, in their
discretion, either to stay all proceedings under such conviction or order pending the hearing of such appeal, or to direct that such conviction or order, or any portion thereof, shall be carried out before such hearing, as to them may seem fit.
SECTIONS A, D, F, G, H, and I, of " The Shortening Ordinance, 1853," shall be incorporated with and taken to form a part of this Act to all intents and purposes, and in as full and complete a manner as if the said section or sections had been introduced and fully set forth in this Act.
46.
Shortening Ordinance.
In the name and on behalf of the Queen I hereby assent
to this Act.
WILLIAM C. F. ROBINSON, Governor.
By Authority: ETCUARD PETREL GOVer111110/1t Printer, Perth.
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