Scab Act 1885 (WA)

.e tern aurtratia.

ANNO QUADRAGESIMO NONO

VICTORIIE REGI

*****************W:i***flflfl,A

No. XXI.

AN ACT to repeal " The Scab Act, 1882," and

to re-enact the same with amendments.

[Assented to, 24th September, 1885.]

. B E it enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and

consent of the Legislative Council thereof, as follows :-

1. "THE Scab Act, 1882," is hereby repealed, except so far as

regards any proceedings commenced or offences committed or the Repeal'

recovery of contributions or the appointment of any Inspector or

other officer thereunder.

2.	THIS Act may be cited as " The Scab Act, 1885."	Short	C.
3.	THE following terms in inverted commas shall, for the pur-

poses of this Act, bear the meaning set against them respectively,	Interpretation.
unless the context otherwise indicates:—

" RUN,"—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.

490 VICTORI1E, No. 21.

The Scab Act, 1885.

"SHEEP,"—Any ram, ewe, wether, or lamb.

" Ownx,"—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 he the overseer, or bond fide owner of such sheep.

" INSPECTOR,"—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.

"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 along or over any place whatsoever other than the run on which they are ordinarily kept or &pastured.

" DESTROY,"—To destroy by entirely consuming by fire, or en- tirely burying at a depth of three feet at least under ground, or boiling down.

" JUSTICE,"—Any Justice of the Peace,

4. THE Governor may from time to time, by writing under his

hour Dim i hand to be notified in the Government Gazette, establish and fix the boundaries or limits of " Scab Districts " in such parts of the Colony, and comprising such areas respectively, as may be considered most

Appointment of in. convenient for the purposes of this Act. And may from time to spectors.

time appoint inspectors of sheep and assistant inspectors: Provided that the Governor may delegate the power of appointing assistant

49° VICTORIIE, No. 21.

The Scab Act, 1885.

inspectors to any Government Resident or Resident Magistrate. And such inspectors and assistant inspectors shall hold office during the Governor's pleasure.

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
inspectors.
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 the owner of any sheep shall, when required by an inspector, forthwith muster his sheep in some convenient place or places as the inspector may direct for his examination. If upon examination of such sheep they shall be found to be infected, it shall be lawful for such inspector if he shall not be satisfied that the whole of the infected sheep on the run have been so mustered, and after having allowed such owner reasonable time to complete such mustering, to employ any person or persons to assist him in a thorough examin- ation of the run, and -all infected sheep then found remaining on such run and not mustered as aforesaid may be forthwith destroyed by such inspector without compensation to the owner. The ex- penses of and incident to such examination of the run, whether or not any further infected sheep shall be discovered thereon upon such examination, and of and incident to the destroying of any infected sheep so discovered, shall be paid by such owner to the inspector on his demand of the same with an account thereof in writing, and may be recovered summarily in like manner as any penalty imposed by this Act.

5.

ANY person who shall refuse to allow an inspector to enter upon any rim or to examine the same by himself or any person or	Penalty for obstruct-
ing inspector.
persons employed by him for such purpose, or to examine any sheep, or who shall hinder or attempt to hinder an inspector from or to impede him in the exercise of his powers and duties, and any owner of sheep who shall not, when required by an inspector, forthwith muster or cause his sheep to be mustered in some convenient place as the inspector may direct, shall be deemed guilty of an offence.

6.

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

him, or who shall be guilty of misconduct in the performance

misconduct in thedischarge of his duty.

thereof, or who shall wilfully abuse the powers and authority hereby

entrusted to him, shall be deemed guilty of an offence.

7.

EVERY owner shall, within three days after he shall have become aware of any of his sheep being infected, affix at each point	Public notice of scab
breaking out.
of entrance of any public way intersecting that portion of his run where such sheep are kept or depastured, 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."

8.

49° VICTORIIE, No. 21.

he Scab Act, 1885.

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.

9. THE owner of any sheep which may be, or become infected,

Notice of infection	shall, within ten days of the disease breaking out amongst such
to be given to in.
spector and Resi-	sheep, send in writing by messenger, or through the post, or by
dent Magistrate	telegraph, to the inspector of his district, and also to the Resident
within ten days.	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 shall also in such notice state the time and place when and where he proposes to clip such sheep, such time not being less than thirty clays, before the expiration of the first compulsory license to be issued by the inspector under this clause in respect of such sheep. And if the owner of any sheep which have become so infected shall
Penalty on neglect.	neglect or omit to give such notice as is hereby required, upon infor- mation 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, 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
A compulsory li-	may examine such or any other infected sheep, and on being satis-
cense for cleaning	fied that the same are infected sheep, or on being satisfied with or
infected sheep to be
Issued.	without any inspection or examination, irrespective 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.

10. SUCH compulsory license shall enure for the following

Duration of °output- periods, or until such earlier period as the sheep shall be clean: spry 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 ; 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.

49" VICTORIIE, No. 21.

The Scab Act, 188j.

If such sheep shall not be " clean " on the expiration of such com- pulsory license, an inspector shall continue such license for a further period of eight weeks upon payment of three pence per head for such sheep.

EVERY owner of sheep, in respect of which a compulsory shall cause the said sheep to be clipped in some liquid wash deemed sufficient, in the opinion of the inspector, for the eradication of scab, and as often and at such time or times as the inspector shall require and direct; and in no case shall an inspector declare any such sheep to be clean, within the meaning of this Act, until he shall have been satisfied that such sheep have been well and sufficiently dipped as aforesaid. And it shall be the duty of an inspector to personally superintend the dipping of all infected sheep.

license shall have been issued under the ninth section of this Act, Compulsory dipping. 11.

IF upon the expiration of any continued (or second) com- pulsory license, the sheep specified in such license shall not be	Owner of sheep not
clean after expir-
clean, the owner of the sheep specified in such license, not being	ation of compulsorylicense to be guilty
the shepherd or mere servant in charge of such sheep, shall be	of an offence.
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
upon proof of the offence, shall, in addition to the penalty prescribed	order to be cleaned
in this Act, order an inspector to enter upon the run of the owner	or to be 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 in- spector delivered to the owner, be kept by such owner isolated and	Suspectedsheep shall
on written order of
free from contact with other sheep, for a period not exceeding thirty	inspector be kept
days. And every owner not complying with the terms of such order	apart.
shall be guilty of an offence.

13.

EVERY owner who, without a license as hereinbefore pro-

his run during any period exceeding ten days, shall him a penalty fected sheep.

of not less than One shilling nor exceeding Five shillings in respect

of every sheep so infected. Provided that if any such owner shall

vided, shall without reasonable excuse have any infected sheep on eltaelaty wo onnersuonfliin, 14.

desire

49° ITICTORII-E, No. 21.

The Scab Act, 1886.

desire to destroy the said sheep, he shall have one month for so

destroying them.

IT shall be lawful for any inspector at any time within thirty days before the expiration of a first compulsory license, issued under the ninth section hereof, by writing delivered to the owner of such sheep, to declare such license to be, and the same shall there- upon become, absolutely void, if at the time of such declaration such owner shall not have taken measures, to the satisfaction of such in- spector, for the cleaning of the sheep mentioned in such license ; 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 mentioned in such license, to be recovered in a summary manner, before any two or more Justices of the Peace, on the complaint of the inspector ;

License may be 15.

avoided by inspector.

Provided that on any such declaration of avoidance by an inspector it shall be lawful for such Justices, on the application of any inspector, and after hearing and inquiring into the matter of such application, and examining witnesses on oath if necessary, 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 lieu 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.

16.

AN inspector may employ any person to assist him in 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.

bisPeet°1: may am' cleaning destroying any sheep ordered to be cleaned or destroyed

ploy anyone to assist.	a
Where penalty

sheep 17. IN every case where any penalty shall have been imposed

sold to satisfy the maybe under this Act, or any expenses shall have been incurred by any

same. inspector in the performance of his duties, such inspector shall give

49° VICTORI/E, No. 21.

The Scab Act, 1885.

notice in writing of the amount of such penalty, 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 and expenses shall not be paid by such owner within one month after such notice, 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 necessary 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, 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.

18. EVERY owner of infected sheep, not depasturing within Owners of inteoted

secure enclosures, shall cause the same to be followed and kept in	sheep to cause them to be followed during
sight when depasturing throughout the day, and if an inspector by	the day and folded
writing under his hand delivered to such owner shall so order, to be	during the night
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 day or night he shall so neglect.

EVERY inspector on being satisfied that any sheep are infected shall, by writing under his hand delivered to the owner of ft ted sheep.

Quarantine for in-

such sheep, declare the run, or any portion thereof to be defined in 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 in writing under his hand, defining the route over and the con- ditions 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.

19.

20. EVERY such declared quarantine boundary shall be . Penalties for Miring-

binding on the owner and all other persons whomsoever ; and any ing quarantine.

owner who shall knowingly remove or cause to be removed beyond

such boundary any sheep not clean, or who shall knowingly infringe

49° YICTORI}E, No. 21.

The Scab Act, 1885.

any of the provisions of the last preceding section, shall be deemed

guilty of an offence.

21.     IF in the opinion of an inspector, sheep cannot be kept on

Inspector may pr	0- a particular run without danger of their becoming infected owing to
hibit keeping of

sheep on a pea:Menlo	infected sheep having recently been depastured upon such run, or
1.1172.	to the uncertainty as to the presence of infected or suspected sheep thereon, it shall be lawful for the inspector, by notice in writing under his hand delivered to the owner, manager, or person in charge of such run, to prohibit the keeping or depasturing of sheep on any such run to be defined in such writing, for such term as he may thereby direct, and at any time to withdraw such prohibition, and the same to renew and extend from time to time. And any person keeping or depasturing or suffering sheep to be on any such prohibited rim shall be deemed guilty of an offence. Provided, always, that every such prohibition, renewal, or extension of the
same shall be forthwith published in the Government Gazette.

22.      ANY owner, manager, or person in charge of a prohibited

Appeal to Govern	r run within the meaning of the last preceding clause may apply by
in Council if ru
prohibited.	u petition to the Governor in Executive Council, praying for the removal of any such prohibition or a reduction of the term thereof, which removal or reduction the Governor in Executive Council may grant, and thereupon such prohibition shall be void or the ter

thereof reduced, as the case may be.

23.      WHOSOEVER shall wilfully make any false report, or

False report to he a

sign any false certificate or return respecting any sheep, shall be

deemed guilty of an offence.

offence.

ALL infected sheep above the age of three months shall be 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.

24.

Branding infected	legibly branded by the owner with the letter S, at least three inches
sheep.

25.      FOR the purposes of this Act, all sheep branded as afore-

Branch: evidence

infection. of said shall be deemed to be infected sheep, and such brand shall be

prime facie evidence of infection.

26.      AT any time within one month after any owner shall have

Return of license

under special cir-	obtained a certificate that his sheep are clean, he may apply in
cumstances.	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

490 Y1CTORIIE, No. 21.

The Scab Act, 1885.

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.

ANY owner not having a written permission therefor from an inspector, who shall drive or conduct or shall cause or permit to	Persons driving
sheep to give notice
be driven or conducted any sheep upon or across any run, or upon	permit.to occupier or obtain
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 his 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. Such permission shall be applicable only to the particular sheep so mentioned therein and so being driven or conducted in one flock and at the same time, and to no other sheep ; and shall not enure for a longer period than shall elapse from the time when such sheep shall leave their run until they shall be expected to arrive at their place of destination, computing five miles a day as the rate at which, if driven, such sheep shall travel. Provided that such permission shall be void unless the sheep therein mentioned shall begin to travel within twenty-one days from the date of such permission being given by the inspector, or within ten days from its receipt by such owner if received after a period of twenty-one days from such date.

27.

28.      EVERY owner may examine any travelling sheep which 2emeiper dmiciyen ertnies

may be driven through, over, or be found upon, any part of the

lands occupied by him ; and if such sheep shall upon examination lands.

be found in his opinion to be infected, then such owner may detain

and keep possession of such sheep until their examination by an

inspector ; 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 repair without delay to the place where such

sheep are detained, and to examine the same and ascertain whether

or not such sheep are infected; and if upon such examination the

said sheep shall be found by the inspector to be infected, then such Mound infected, may

inspector may, at the request of the occupier of the lands upon which ,bvedestroyed forth-

such sheep may be, destroy all such sheep, and the expenses of and ith

incident to the destroying of the same shall be paid to such inspector

out of the public revenue of the Colony, and the owner of such

sheep so destroyed shall be entitled to claim, and there shall be paid

to him out of the public revenue of the Colony, the sum of Five

shillings for every sheep so destroyed. Provided that if upon

examination by the inspector the sheep detained shall be found not

to be infected, then the owner or person detaining the same shall be

deemed guilty of au offence. And provided, also, that in case the

49° VICTORIIE, No. 21.

The Scab Act, 1885.

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. Any sheep not being infected sheep driven from one run to any other run of the same owner, not being more than-twenty miles, shall not be deemed travelling sheep within this Act.

29.

ANY owner may seize and destroy any infected sheep that unless, when practicable, such owner shall within three days thereafter 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.

Infected sheep loose	which he finds off their own runs without a shepherd. Provided
may be killed.

30.      EVERY owner of sheep imported into any seaport, either

Imported sheep to	coastwise or from parts beyond seas, shall report in writing the fact
be reported imme•
diately to inspector,	of such importation as soon as practicable after their arrival to some
and not removed	inspector or Resident Magistrate at or near to such seaport, and
without his certifi-
cate.	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 dipped in some liquid wash usually deemed sufficient for the eradication of scab : Provided that such dipping 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.

31.     WHOEVER shall wilfully or negligently communicate or

Communicating scab,	cause to be communicated to any sheep the disease called scab, shall
an offence.	be deemed guilty of an offence.

32.

ANY person employed in the capacity of a shepherd, who 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 hi 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

Shepherd punishable	on the disease called scab breaking out in any flock of sheep in his
for misconduct.

49" VICTORIA, No. 21.

The Scab Act, 1885.

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.

WHOSOEVER shall cast or wash, or cause to be cast into or washed, hi any stream or waterhole or well, any infected sheep, or

Casting carcasses of

infected sheep into

the carcass or portion of the carcass of any infected sheep, shall

stream or waterhole.

incur for every such infected sheep or carcass or portion of the

carcass a penalty not exceeding Ten pounds.

33.

WHOSOEVER shall have in his possession for the purpose of slaughter for sale, or shall slaughter or cause to be slaughtered for	Slaughtering or
exposing 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 the convicting Justices shall direct that the flesh of all such infected sheep so slaughtered or exposed shall be seized and destroyed.

34.

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 infected sheep to
packed and sewed up, shall be deemed guilty of an offence.	be removed.

35.

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.
January, be levied and paid upon and in respect of all sheep depastured and kept in any part of the Colony, for every One thousand sheep a contribution of Two pounds, or such other less sum as the 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 contribution 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 of the district, or to such other officer, and at such other place, as the Governor may appoint.

36.

EVERY owner of sheep shall, on the last Saturday in the month of December in each year, make a return in writing, signed	Returns of sheep to
be 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 Magis- trates 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, 1885."

37.

49° VICTORIA, No. ?is

The Scab Act, 1885.

38.      THE several Resident Magistrates shall, within Twenty-one

Annual return of	days after the first day of January in each year, from such returns
contribution to he
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.

39.      THE said several Resident Magistrates shall also, not less

Notice of calculation

of contribution.	than One month previous to such contribution becoming due, cause
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.

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 days' notice of his intention to appeal, and the Petty Sessions shall determine the matter of the appeal.

40.

Appeal against

contribution.

IN the absence of any such appeal within the time limited, the owner liable to pay such contribution shall not on or before the fifteenth day of April pay the same to the Colonial Treasurer or other officer as aforesaid, the same, together with an additional sum

Payment, how 41.

enforced.	or in the case of such appeal being decided against the appellant, if
equal to one-fourth part thereof by way of penalty, may be
recovered summarily in like manner as any penalty under this Act.

42.      "WHEN any magisterial district shall have been reported

District may be	to the Governor by the board of advice, or such other authority as
declared "clean."
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 any sheep from any place without the boundaries of any such clean

Sheep not tobe driven district to any other place therein, without the written authority ofinto " clean" district

without certificate an inspector, stating that such sheep have not been infected or from inspector, suspected during the preceding twelve months. Provided that such

49° VICTORI1E, No. 21.

The Scab Act, 1885.

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 when
when first imported into the Colony travelling to their destination.	first imported.
And any person who shall infringe any of the provisions of this section shall be deemed guilty of an offence.

WHEN any magisterial district shall have been reported to the Governor by the board of advice, or such other authority as	When a district may
be exempted from
may appear sufficient, to have been " clean," during a period of three	contribution.
years, 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 pro- visions of this Act.

43.

THE Governor may, by writing under his hand, make all necessary regulations respecting the duties of inspectors ; and may

Regulations.

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 enact- ment, 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.

44.

THE notification in the Government Gazette of the appoint- ment of any inspector under this Act, shall be sufficient evidence of Evidence of appoint-	ment.
such appointment.

45.

ALL offences under this Act shall, in the absence of a specific

penalty, render the offender liable to a penalty not exceeding One Penalties for offen-

hundred pounds ; and a conviction for an offence shall not prejudice ces'

the right of any person aggrieved by the Act constituting such

offence, to recover damages in a civil action.

46.

ALL penalties under this Act may be recovered in a summary way before any two or more Justices on the complaint of Penalty, how re-

47.

an inspector. And such penalties shall in all cases go to the use of covered and applied.

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.

48.    IN every case where notice of appeal to the Supreme Court In cases of appeal,

shall have been given against any conviction or order made under Pgleca:70?' the otherwise! I

49° VICTORII-E, No. 21.

The Scab Act, 18861

the provisions of this Act, it shall be lawful for the Justices by 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.

Shortening Ordin• 49. SECTIONS A, D, 0, H, and I, of " The Shortening

anee. 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.

In the name and on behalf of the Queen I hereby assent

to this Act.

F. NAPIER BROOME, Governor.

By Authority RICHARD PETHER, Government Printer, Perth.