Scab Act 1891 (WA)
aza maul. cittztralta.
ANNO QUINQTJAGESIMO QUARTO
VICTORIA] REGIN}E.
No. XVI.
AN ACT to repeal " The Scab Act, 1885," and
to re-enact the same with amendments.
[ Assented to, 26th February, 1891. ]
E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parlia- ment assembled, and by the authority of the same, as follows:-
" THE Scab Act, 1885," is hereby repealed, except so far as
regards any proceeding's commenced or offences committed or the Repoth
recovery of contributions or the appointment of any inspector or
other officer thereunder ; and all scab districts now established -under
the said Act or any Act heretofore in force relating to scab in sheep
shall continue scab districts as if the same had been established
under this Act.
1.
| 2. | THIS Act may be cited as " The Scab Act, 1891,- | Short Title. |
| 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,"
2 54' VICTORTiE, No. 16.
The Scab Act, 1891.
Rix,"—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 in- spector in his declaration, includes the whole area of the land held in one block or in several contiguous blocks by an owner.
" SuEnr,"—Any ram, ewe, wether, or lamb.
" OwNmt,"—Any proprietor, lessee, licensee, overseer, superin-
tendent, manager, or person in possession or charge of any sheep, but shall not include the shepherd. unless
such shepherd shall also be the overseer, or bona fide
owner of such sheep.
INseeeTort,"—Any inspector or assistant inspector of sheep appointed under this or any Act heretofore in force relating to scab in sheep.
INFECTED SHEEP. "-- (I) Any sheep infected with scab.
| (2) | Any sheep forming a flock, or part of a flock, amongst which may be found an infected sheep, whether such infected sheep belongs to such flock or not. |
| (3) | Any one or more sheep which have been in contact with, or have been mixed with any infected sheep within six months. |
(j.) Any sheep being depastured on the same lands as any infected sheep.
| (5) | Any sheep on board any vessel or boat, or in any yard, enclosure. carriage, or truck in which there has been within three months any infected sheep, unless such yard, enclosure, carriage, or truck shall, in the meantime, have been effectually scoured with some scab-destroying preparation. |
| (6) | All infected sheep within the foregoing definitions, until a clean certificate shall have been granted for the same. |
SUSPECTED SHEEP,' —All sheep within, or travelling through,
an infected district.
INFECTED DISTRICI ,"--Arly district in which there are or
have been within six months any infected sheep.
INFECTED ox.--Any run on which there are or have been
within six months any infected sheep.
STRAY SHEEP, —An y one or more sheep not being in the
immediate keeping of any person and not being in
a paddock.
" FLOCK "
| 54° VICTORLE, No. 16. | 3 |
The Scab Act, 1891.
FLocx,"—Any sheep shepherded, or running in one flock,
and any sheep wirhin the bounds of one paddock. yard,
enclosure, carriage, or truck.
DusTao y,"—To kill and bury at a depth of not less than two feet under the ground, or to consume by fire or boil down.
| • DIPPED,"—Phinged, | or immersed in some liquid wash, |
deemed sufficient in the opinion of an inspector for the
eradication of scab.
Distratur,"---A district defined as a Scab District under the provisions of this or any Act heretofore in force, relating to scab in sheep.
| • PERSONAL NOTICES-A notice in writing | personall served |
upon the occupier of' a run, or left with some adult inmate of the principal homestead on such run, or (if no such inmate can be found) affixed to some conspicuous part of such homestead.
" No•ricE,”—A notice in writing delivered in manner following, that is to sac. by delivering the same personally, or by leaving the same at. or posting the same addressed to the address of the inspector, or at. or to, the usual or last known place of abode in Western Australia of any sheep- owner or other person, or by affixing such notice at the homestead or other conspicuous place on the run of such sheepowner or person, or by delivering the same at any telegraph office for transmission. prepaid, addressed to the inspector at his usual or last known place of abode.
Occuelmx.”—Any owner or other adult person who may be in charge or possession of any run as herein defined.
| • | CLEAN."—Free from scab under the certificate of an inspector. |
CLEAN Cuairmcnu."—The certificate of an inspector granted under this Act for and in respect of sheep, which he shall be satisfied are not infected sheep " within the meaning of this Act.
" BRAND " or " BRANDED,"-TO brand or be branded on the rump with sonic suitable composition.
PUBLIC WAv."—Any road within the meaning of The Roads Act, 188S," or any road or way dedicated to the public. or which shall have been ordinarily used by the public three years at least.
540 VICTORUE, No. 16.
The Scab Act, 1891.
THE Governor rimy from time to time, by writing under his hand to be notified in the Government Gazette, establish and define the boundaries or limits of " Scab Districts " in such parts of the Colony, and comprising such areas, respectively, as may be con- sidered most convenient for the purposes of this Act. And may from time to time appoint inspectors of sheep and assistant inspectors in
4.
Appoinimant of in- any such districts: 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.
IT shall be lawful for any inspector at any time to enter upon any run, and inspect and examine any sheep wherever in the Colony they may be. and to exercise and discharge all the powers and duties conferred upon him by or under this Act. in auv and every part of the Colony, and in the exercise and discharge of such powers and duties shall have free ingress, egress. and regress through, over, and upon any run ; and the owner of any sheep shall. when required by an inspector. forthwith muster his sheep. in some
5.
Paver awl tintiti-
| 1 h% | ti |
| intimation. |
| itin-ter -.heap tor | convenient place or places as tile 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 examination of the run. and all infected sheep then found remaining on such run and not mustered as afore- said may be forthwith destroyed by such inspector, or by his authority. without compensation to the owner. The expenses of and incident to such examination of the run, whether or not any further infected sheep shall he discovered thereon upon such ex- amination, 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. |
ANY person who shall refuse to allow an inspector to enter upon any run or to examine the same by himself or any person or 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 ;in inspector. forthwith muster or cause his sheep to be mustered in, some convenient place, as the inspector ma y direct, shall be deemed guilty of an offence.
6.
Pcnalt,‘ for
7. IT shall be lawful for an y inspector to call upon all persons
| ip person- in charge concerned in the charge. control. or management of an y sheep, to | ernaity rot refusal | |
|
| 54° VICTOR 1/E, No. 16. | 5 |
The Scab Act, 1891.
give evidence before him as to the facts within their knowledge relating to such sheep ; and if any person. after being so called upon. shall refuse or neglect to give such evidence, or shall refuse or neglect to answer any inquiries put to him by such inspector, under the authority of this Act, he shall be liable to a penalty not exceed- ing Twenty pounds.
| If any person in giving such evidence, or in answering such inquiries, shall make any statement, knowing the same to be false, he evidence. shall be liable to a penalty of One hundred pounds, or to be imprisoned for a period not exceeding six calendar months. | Penalty for false |
8.
| THERE shall be published once in every calendar month, when possible, in the Government Gazette, a list, certified by the | List of diseased |
| flocks to be published | |
| chief inspector. of all runs on which there are at that time any | every month in |
| Governmen t | |
| infected sheep, and of the particular flock or flocks which are so | Garet e |
| infected. |
9.
| EVERY inspector who shall refuse, or wilfully neglect, or unreasonably delay to perform any of the duties hereby imposed | Inspector liable to |
| penally for delay or | |
| on him, or who shall be guilty of misconduct in the performance | misconduct in the |
| thereof, or who shall wilfully abuse the powers and authority hereby | dim barge of hit duty. |
| entrusted to him, shall be deemed guilty of an offence. |
10.
| 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 seal |
| 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." 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 hill 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 he deemed guilty of an offence. |
| THE owner of any sheep which may be or may become infected within forty-eight hours thereafter, give personal | Notice .- of infection |
| notice thereof in writing to the occupiers of all the adjoining runs | to be n |
| upon which any sheep may, for the time being, be depasturing, and shall also give notice in writing of such infection. in manner herein- after mentioned, to the inspector and Resident Magistrate (if any) of the district in which such sheep may be. |
11.
All such notices shall contain a correct account of the sheep infected, and the number thereof. and their several marks or brands. and shall precisely define the locality in which they are kept or depastured ; and in the
notices
54° VICTORHE, No. 16.
The Scab Act, 189.1.
notices so to be given to the inspector and the Resident Magistrate, as aforesaid, such owner shall also state the time and place. when and where, he proposes to clip such sheep.
The notice to be given to the inspector and Resident Magistrate
| How notices to In. | shall be delivered personally, or by posting the same addressed to, If the infected sheep shall be depasturing within one hundred miles from the nearest post or telegraph office, within four days after the owner shall become aware of such infection. |
| epector and Resident | |
| MitgRtrate to be | or leaving the same at a telegraph office for transmission, prepaid |
| given. | and addressed to the inspector or Resident Magistrate at his usual or last known place of abode, within the periods following : |
If more than one hundred miles, but less than two hundred
miles, within eight days.
If more than two hundred miles but less than three hundred
miles, within twelve days.
And if over three hundred miles, within twenty clays.
| Peiialtp for default. | If the owner of any infected sheep shall neglect or omit to give either of such notices, as herein required, such owner shall, on conviction upon the information of any inspector, be adjudged to pay any penalty not exceeding One hundred pounds for every twenty-four hours during which such neglect or omission shall have continued. |
| Duty of In-pet:tor | 12. IT shall be the duty of such inspector upon receiving such |
| on being satisfied | notice, or of some other inspector, immediately to examine such |
| :beep are infected | sheep, and on being satisfied that the same are infected, and of every inspector upon being satisfied with or without any inspection or examination, irrespective of such notice. or in case such notice has not been received by him that any sheep are infected. to give to the owner of such sheep personal notice to clean the same, and such |
| Quarantine tor | |
| infected sheep. | inspector shall declare the run, or any portion thereof to be defined by him in 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 conditions under which such sheep shall be taken or driven during such re- moval: 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
| 54° VICTORIA], No. 16. | 7 |
The Scab Act, 1891.
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.
| 13. EVERY such declared quarantine boundary shall be bind- | Penalties for |
Mg on the owner and all other persons whomsoever; and any person infringing who shall knowingly remove or cause to be removed beyond such cffim'alitinc - 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.
| IF, upon the expiration of four weeks from the time of the service of the notice of the inspector to clean any sheep, such sheep | Penalty if infected |
| sleep not well and sufficiently dipped at | |
| shall not have been well and sufficiently dipped to the satisfaction | ad of fo; r weeks; |
| of the inspector, the owner of such sheep shall be guilty of an | and Justice- ',hall |
| offence ; and the Justices before whom such offender shall be con- | order dectrffigion. |
| victed shall. at the request of such inspector, order such sheep to be destroyed b y an inspector, and the expense incident to such destruc- tion shall be borne by such owner. |
14.
15.
| 1 P an inspector sir 11 be satisfied that any owner, whose sheep. or any of them, are infected, has failed to clean such sheep | Owner failing to |
| clean sheep. | |
| within reasonable time after their infection, or is not taking clue and speedy means to ensure their being cleaned, then such in- spector may either lvithin such period of four weeks or at any time take possession of such sheep, and take such steps as he may think fit to clean them ; and for that purpose may seize and use ;;1l tanks. implements, fuel, lime, sulphur, and any other materials and things found on the run and premises where such sheep may be ; and any expenses thereby incurred by the inspector may be recovered by him from the owner of such sheep. | |
| For the purpose of the exercise of the powers conferred by this section such inspector may enter upon the runs on which such | Inspector may enter |
| run to clean sheep. | |
| sheep are kept, with such assistants as he may require ; and any owner or occupier who shall obstruct any inspector in the discharge | |
| Penalty for &carnet | |
| of, or neglect to afford all reasonable facilities for the discharge of, | ing Inspector. |
| such duty, shall, for every clay during which he shall so offend, be | |
| liable. on conviction. to a penalty not exceeding Twenty pounds. | |
| Such inspector shall not be liable for any loss or damage occasioned | Inspector not liable for damages except |
| to such owner, or any other person, by any act or omission of such | by wilful default. |
| inspector, unless such damage shall he occasioned by his wilful neglect or default. |
| EVERY owner of infected sheep shall cause the said sheep to be well and sufficiently clipped, as often and at such time or times as | Comp& |
16.
8 54" VICTORLE, No. 16.
The Scab Act, 1891.
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 six months after he shall have been satisfied that such sheep have been well and sufficiently dipped as aforesaid. And it shall be the duty of the inspector, or of some person to be appoint- ed by him for the purpose, to personally superintend the dipping of all infected sheep.
17. IT shall be lawful for any inspector by personal notice to
Inspector may order
| suspected sheep to | any owner to order and direct him to dip any suspected sheep belong- |
| be dipped. | ing to such owner, or in his possession, as often and at such time or times as the inspector shall require and the inspector or some person to be appointed by him for the purpose shall superintend such clipping. And every owner not complying with the terms of such order shall be guilty of an offence. |
| Inspector may em- | 18. | AN inspector may employ any person or persons to assist |
| ploy anyone to assist. | him in the performance of his duties under this Act. |
19. 1N every case where any expenses shall have been incurred
Where expenses in-
| curred, sheep may be | by any inspector in the performance of his duties, such inspector |
| sold to satisfy the | shall give notice in writing of the amount of such expenses to the |
| mune | owner of the sheep in respect of which such expenses have been incurred ; and if the amount of such expenses shall not be paid by such owner within one month after such notice, it shall be lawful for such inspector to seize and remove and 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 such expenses ; and the proceeds of such sale shall be applied to the payment of such expenses and the costs and expenses of any such seizure and sale, and the surplus (if ally) shall be paid to the owner of the said sheep. |
20. EVERY owner of infected sheep not depasturing within
Owners of infected
| sheep to cause them | secure enclosures shall cause the same to be followed and kept in |
| to be followed daring | sight when depasturing throughout the clay, 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 such owner shall immediately burn any such enclosures or yards on the written order of any inspector ; 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. |
21. IF, in the opinion of an inspector, sheep cannot be kept on
Inspector may pro-
| hibit keeping of | a particular run without danger of their becoming infected owing to |
| sheep on a particular | infected sheep having recently been depasturing upon such run, or |
| run. | 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
| 54° VICTORLE, No. 16. | 9 |
The Scab Act, 1891.
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 run 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 pro- hibited run within the meaning of the last preceding section may | Appeal to Governor |
| in Council if run | |
| apply by petition to the Governor in Council, praying for the | prohibited. |
| removal of any such prohibition or a reduction of the term thereof, which removal or reduction the Governor in Council may grant, and thereupon such prohibition shall be void or the term thereof reduced, as the case may be. |
23.
| WHOSOEVER shall wilfully make any false report, or sign any false certificate or return respecting any sheep, shall be | False report to beam |
| offence. | |
| deemed guilty of an offence. |
24.
| ALL infected sheep above the age of three months shall, within three days after becoming infected, be legibly branded by the | Branding infected |
| sheep. | |
| owner with the letter 8, 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. |
25.
| FOR the purposes of this Act, all sheep branded as afore- said shall be deemed to be infected sheep, and such brand shall be | Brands evidence of |
| infection. | |
| prink facie evidence of infection. |
26.
| NO owner shall drive or conduct, or cause to be driven or conducted any sheep from any part of an infected district. or of an | Persons driving |
| sheep to obtain per- | |
| infected run, to any other part of such district or run, or upon or | mit from Inspector. |
| along any public way which may intersect or form a boundary line of any such district or run, without the written permission of an inspector, nor unless he shall have given not more than forty-eight, nor less than twelve hours previous personal notice to the owner of any run he proposes to enter upon or cross, of Ins intention so to do. Such permission shall be applicable only to the particular sheep 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 begin to travel 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
10 54° VICTOBLE, No. 16.
The Scab Act, 1891.
be void unless the sheep therein mentioned shall begin to travel within twenty-one clays from the date of such permission being given by the inspector, or within ten clays from its receipt by such owner, if received after a period of twenty-one days from such date. Any owner contravening any of the provisions of this section shall be guilty of an offence.
27. ANY owner, and any person in his employ, may examine
Owner or person in
| his employ may ex- | any sheep which may be driven through, over, or be found upon |
| amine sheep driven | any part of his run ; and if such sheep shall upon examination be |
| on Ids run. | found in his opinion to be infected, then such owner or other person 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 inspector may, at the request of the occupier of the lands upon |
| If found infected, | which such sheep may be, destroy all such sheep, and the expenses |
| may be destroyed | |
| forthwith. | of and incident to the destroying of the same shall be paid to such inspector by the owner of such 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 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. |
ANY person may seize and destroy any stray infected stray suspected sheep. The owner of any one or more stray infected sheep found and destroyed on his own run after the thirty-first clay of March next shall be deemed guilty of an offence under this Act, and shall on conviction thereof, besides any penalty lie may incur for such offence, pay a penalty of Five pounds for each and every sheep so found and destroyed, and the ear marks or brand on
28.
| eilrite | 'P | sheep, and an inspector and his assistants may seize and destroy any |
| and slop | peeled |
| sheep ma I | tilled. |
any such sheep shall be prima . facie evidence of ownership of such
sheep. In default of payment of any such penalty forthwith the owner so convicted shall be imprisoned with hard labor for any term not less than twelve months and not exceeding two years.
Any person other than an inspector who shall destroy any stray
infected sheep under this section shall, within three
weeks
| 54" ITICTORLiE, No. 16. | 11 |
The Scab Act, 16'91.
weeks thereafter, give notice thereof to an inspector, with particulars of the sheep destroyed by him, the name of the owner, if known, and the locality where the same was or were destroyed.
EVERY owner of sheep imported into any seaport, either coastwise or from parts beyond seas, shall report in writing the fact LIIII,PoTeeadhteltuneli;
29.
| inspector or Resident Magistrate at or near to such seaport and shall ieneitraearitew. iatIrmiteiiin „cs | of such importation, as soon as practicable after their arrival, to some to inspector. and not | |
| ||
| 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: 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 such certificate or without being dipped as aforesaid, unless such clipping be dis- pensed with, shall for every sheep so removed incur a. penalty not exceeding Twenty pounds. |
| WHOEVER shall wilfully or negligently communicate or cause to be communicated to any sheep the disease called scab, shall scab. 247/ oSence. | Communicating |
| be deemed guilty of an offence. |
30.
31. ANY person who, on the disease called scab breaking out p
| in any sheep in his charge, shall omit or neglect forthwith to inform sh?,:p"psaTis,mabr„ | f,'I, |
| his master or employer thereof, or who shall carelessly neglect any misconduct. | |
| sheep in his care whereby they may become infected, shall on conviction before two Justices forfeit any reasonable damages for such sheep so 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 person so convicted may deduct the amount of such damages from the wages for the time being due to such person, 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, in any stream or waterhole or well, any infected sheep, or Casting carcasses of
32.
the carcass or portion of the carcass of any infected sheep, shall mtifeecutedoish‘eveapt e Thtook.
incur for every such infected sheep or carcass or portion of the
carcass a penalty not exceeding Ten pounds.
12 54" VICTORIA:, No. 16.
The Scab Act, 1897.
Slaughtering o ex-33. WHOSOEVER shall have in his possession for the purpose
posing for sale. of slaughter for sale, or shall slaughter or cause to be slaughtered for
sale any infected sheep, or shall expose the carcass or ally part thereof in any public place, shall be deemed guilty of an offence, and the convicting Justices shall direct that the flesh and skins of all such infected sheep so slaughtered or exposed shall be seized and
destroyed.
34. WHOSOEVER shall remove or carry away the wool or
| How woo l or skins or skins of any infected sheep, otherwise than in bags or bales securely | infected sheep to be | |
|
FOR defraying the cost and expenses of carrying this Act into effect, there shall in each year, on and after the first day of
35.
| Yearly | awl |
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 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 con- tribution 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 within which such sheep may be depastured and kept, or to such other officer, and at such other place, as the Governor may appoint.
EVERY owner of sheep shall. on the last Saturday in the month of December in each year. make a return in writing. signed 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 separated districts. and shall deliver or cause to be delivered such return or returns, within fourteen clays after the same shall have been made, to the Resident Magistrate or Magis- trates of the respective districts within which such sheep are kept and depastured ; and any owner who shall make default herein shall be guilty of an offence within the meaning of this Act.
36.
Return. of sheep 1
be made.
37. THE several Resident Magistrates shall. within twenty-one
Annual return of
| contributionn to | clays after the first clay of Januar y in each year, from such returns be calculate the amount of contribution to be made by the several owners within their respective districts. and shall on or before the first clay 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 clue 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. |
| ',may |
| 54° VICTORIIE, No. 16. | 13 |
The Scab Act, 1891.
THE said several Resident Magistrates shall also, not less than one month previous to such contribution becoming due, cause Notice of calculation
38 -
a list of the amount of contributions to which each owner is liable to ofcontribution.
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 such other officer as the Governor shall appoint to receive the same, from time to time, on or before the first day of April next ensuing.
| 39. ANY owner liable to contribute as aforesaid, who shall | Appeal against con- |
| consider himself aggrieved by the amount charged to him, may | tribution. |
| 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 a peal |
40. IN the absence of any such appeal within the time limited,
or in the case of such appeal being decided against the appellant, if ePriaanettit: how
the owner liable to pay such contributions shall not, on or before the
fifteenth clay of April, pay the same to the Colonial Treasurer or
other 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.
| 41. | WHEN any magisterial district shall have been reported | Dbtrict may be |
be a clean ' district under tins Act, provided that the declaration of any such district as clean' has not been revoked.
to the Governor in Council by the Chief Inspector of Stock to have &dared clean."
been " clean " during a period of one year, the Governor in Council
may, b y notice in the Government Gazette, declare such district to he
-= clean," and may revoke and annul such notice if necessary. Any
district declared clean by the Governor in Council under any
| WHEN any magisterial district shall have been reported to the Governor in Council by the Chief Inspector of Stock to have | , When a district m |
42.
| been " clean " during a period of three years, and during such per i od | be exempted iron, |
only as such district shall continue to be so clean, it shall be lawful contribution.
for the Governor in Council to declare that such district shall not
be liable to pay any contribution under the provisions of this Act ;
awl any such district already exempted from such contribution
under any Act heretofore in force relating to scab in sheep shall
remain exempt, subject to the provisions of this clause.
14 54° VICTORIA, No. 16.
The Scab A(t. 1891
43. IT shall not be lawful for any person to introduce by land or
Sheep from clean sea any sheep from a clean district into any other district, or from andistrict to other dis•
hid. or frominfected infected district into an infected district, unless he shall hold a clean district to infected certificate for such sheep and unless lie shall have given to the in-district.
spector of the district into which they are to be introduced at least seven days' previous notice of his intention so to introduce them, stating in such notice the number of such sheep and the point at which. and the clay on which, it is intended they shall cross the boun- dary of or be landed in the district. Every person offending against the provisions of this section shall be liable to a penalty of not less than Ten pounds nor exceeding One hundred pounds.
IT shall not be lawful for any person to introduce by land within fourteen days previous to such introduction such sheep shall have been examined by an inspector and he shall have granted a clean certificate for the same, nor unless such person shall have given to an inspector of the district into which such sheep are to be in- troduced at least seven days' previous notice of his intention so to introduce them, stating in such notice the number of such sheep and the point at which, and the day on which, it is intended they shall cross the boundary of or be landed in the district. Every person of- fending against the provisions of this section shall be liable to a penalty of One hundred pounds. and in the case of the number of sheep exceed- ing one hundred then to a further penalty of not less than Five shil- lings nor more than One pound for every sheep so introduced contrary to the provisions of this section. The before-mentioned certificate may be lodged with the inspector granting the same, and if not so lodged shall at any time within six months after the date thereof be produced by the owners of such sheep to any inspector, Justice of the Peace, constable, or sheepowners demanding the same, under a penalty of Five pounds.
| Sheep from infected | 44. |
| district to clean | or sea any sheep from an infected district into a clean district, unless |
| district. |
45. WHEN any sheep are introduced by land from any
Sheep From infector
| to clean district to | infected district into any clean district, it shall not be lawful |
| be dipped within | for such sheep to be driven, depastured, or suffered to stray |
| certain limits. | at a greater distance within the said clean district than three miles from the part of the boundary of the said district at which such sheep are introduced, until such sheep have been effectually dipped at least twice within fourteen days from the date of their being so introduced to the satisfaction of an inspector. and until the owner of such sheep has received from such inspector a certificate to that effect ; and for every day during which any sheep shall be driven. depastured. or suffered to stray in contravention of the provisions of this section, the owner of such sheep shall be liable to a penalty not exceeding One hundred pounds. Provided that in the case of fat sheep travelling to market, the inspector may allow any such sheep to proceed on being dipped once only. |
| 54 ®" VICTORLE, No. 16. | 15 |
The k'5cab Act, 1891.
| 46, THE Governor in Council may from time to time, by Proclamation to be | published | in | the | e Goveramet | n Gazette, appoint one Proclamation)Yb |
| or more place or places at or adjacent to the inland boundaries of appointed on the | icifilagabiocr et |
| any district at some one or other of which places all sheep to be | t which |
introduced by land into any such district shall be crossed over such ell sheep shall he
boundaries, and no sheep shall be introduced by land into any mtrod"ced'
district unless at sonic one of such places ; and any person crossing
sheep over ally such boundary at any other place than the one which
shall have been so appointed, shall be liable to a penalty of One
hundred pounds.
47. IF any person shall abandon any infected sheep, whether the
| same be alive or dead, and shall not in the case of any such Pen?Ity | . | for | abandon | - |
| m | g infected sheep. |
infected sheep which may become helpless or die immediately destroy or bury the same, he shall be liable to a penalty of Fifty pounds or to be imprisoned for any period not exceeding six calendar months ; and it shall be lawful for any inspector or other person to seize, destroy, or bury such sheep, or to cause the same to be seized, destroyed, or buried.
48.
THE Governor in Council may-, from time to time, make,
amend, and annul rules and regulations for the guidance and Regulations.
instruction of inspectors, and the establishment of public places for
the dipping of sheep ; 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 other-
wise ; and as to all other matters of detail for carrying tins 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.
| THE notification in the Government Gazette of the appoint- ment of any inspector under this Act shall be sufficient evidence of Evidence appoint- | ment. |
| such appointment. |
49.
50. NO owner or other person having any interest therein
| shall be entitled to or to recover any damages or compensation | tOow cnoeir not _ entitled |
| whatever for any sheep destroyed under the authority of this Act. | 111 |
| ALL offences under this Act shall, in the absence of a specific penalty. render the offender liable to a penalty not exceeding | Penalties for of- |
| fences. | |
| One 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. |
51.
54° VICTORIZE, No. 16.
The Scab Act •891.
52. UPON the conviction, of any owner under this Act. it
| sheep may be seized shall be lawful to make distress and sale. not only of his goods and | upon conviction of | • |
| owner. | chattels, but also of any sheep in his possession or charge. or which were in his possession or charge at the time of the commission of the offence in respect of which such owner has been convicted. and any such last mentioned sheep may be followed and seized wherever they may be found. |
ALL penalties under this Act and all expenses directed to be borne or paid by an owner or by any other person, or recoverable from an owner or any other person, may be recovered in a summary way before any two or more Justices on the complaint of an in- spector. 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 com- plainant. as the Governor in Council may direct.
53.
Penalty, how re-
covered and applied
54. IN every case where notice of appeal to the Supreme Court
In cases of appeal.
| Justices may stay | shall have been given against any conviction or order made under |
| proceedings, or | the provisions of this Act, it shall be lawful for the Justices by |
| otherwise. | whom such conviction or order shall have been made, in their dis- cretion, 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. |
THE words "The Scab Act. 1885," occurring in the 2nd and :3rd sections of " The Scab Act, 1888," shall be read The Scab Act. 1891." and the said sections shall be construed accordingly.
| Amendment of 52 | 55. |
V., No. II.
SECTIONS A, I), F, 0, 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 com- plete a manner as if the said section or sections had been introduced and fully set forth in this Act.
56.
Shortening Ordin-
ance.
In the name and on behalf of the Queen I hereby assent
to this Act.
W. C. F. ROBIN SON, Governor,
By It 3 RICHARD PETRI; Gov ernment Printer, Perth.
0
0
0