Scab in Sheep Act 1835 No 15a (NSW)

No. X. '

An Act to amend and extend the provisions of Sl'A]) in S iieei'.

an Act intituled “ Aii Act for preventing the “ extern sion o f the infeetious Disease eommonly “ ealled the Scab in Sheep or Lambs in the Colony

“ o f Neiv South Wales A [dth October, 1835.]

\ \ T HE HE AS an Act was passed l)y Ilis Excellency the Governor Preamble.

ol‘ New Soutli Wales with the advice of the Legislative Council thereof in the third year of the reign of His present Majesty

VV

King William the Eourth intituled An Act for preventiwi 3 Gui. iv. No.

“ extension of the infections Disease conimonhi called the Scab in ‘•‘■Sheep or Lamhs in the Colony of Neio South Wales” whicli Act was made j)crpetual hy a certain other Act of tlic said Governor and Council passed in the fifth year of the reign of His said Majesty intituled “ A)), Act to mahe perpetual an Act m̂ î wfecZanasGui iv. No. lo

“ ‘ An Act for preventing the extension o f the infectious Disease “ ‘ eommonly called the Scab in Sheep or Lambs in the Colony of New “ ‘ South Wales ̂ ” And Avhereas the said Acts having been found highly beneficial in preventing the sprcaid of the said disease in that part of the Colony to which its operation is limited by the said first recited Act and it is expedient to amend and extend the provisions tliereof

throughout

644 No. 10. aUL. IV. 1835.

Scab in Sheep.

extended to all parts throughout the Colouj Be it therefore enacted hy His Excellency the of the Territory. Govcmor of New South Wafos with the advice of the Legislative

Council thereof That from and after the first day of March one thousand eight hundred and thirty-six the said recited Acts shall he deemed and taken to be in force within all parts of the Territory of

•

New South Wales whether within or beyond the boundaries prescribed for location to settlers except so much thereof as is hereinafter repealed.

2. And whereas it was in and by the said first recited Act provided That no otfender should be liable to incur any penalty for the turning out keeping depasturing or conducting of sheep or lamhs infected with the said disease or for permitting or suffering such sheep or lambs to be turned out kept depastured driven or conducted contrary to the provisions of the said recited Act within the period of one calendar month from and after any preceding conviction and whereas it is expedient that such provision of the said recited Act

Eepcaling part of

3 Gul. IV. No. 0 .

should be repealed Be it therefore further enacted That the said

provision of the said recited Act be and the same is hereby repealed.

Justices to grant a

warrant for removal

3. And be it further enacted That when and so often as any offender shall he convicted before any Justice or Justices for turning out keeping depasturing driving or conducting of sheep or lambs infected with the said disease or for permitting or suffering any such sheep or lambs to be turned out kept depastured driven or conducted contrary to the provisions of the said recited Acts or of this present Act it shall be made to appear to such Justice or Justices at the time of such conviction that it is necessary to remove the said sheep or lambs to some place where the same may be lawfully turned out kept or depastured it shall be lawful for such Justice or Justices to grant a warrant under his or their hand or hands in the form in the Schedule hereunto annexed authorizing the removal of the said sheep or lamhs and in every such warrant there shall be stated the place to which and the route by which the said sheep or lambs shall be removed and the time for which the same is granted not exceeding one calendar month

of sheep.

Penalty for neglect­

And in case any person shall detain or continue any such sheep or

ing to obey such

warrant.

lambs on any lands or shall turn out keep depasture drive or conduct any such sheep or lambs without such Avarrant or contrary to the directions thereof such person shall be subject and liable to the penalties imposed and inflicted upon persons by and under the said first recited Act for turning out keeping depasturing driving or con­ ducting such sheep or lambs contrary to tbe provisions thereof.

Justices upon in-4. And be it further enacted That upon information on oath

warrant for°thr"* * made before any Justice of the Peace by any proprietor or overseer in examination of sheep cliargc of shcep or lambs that there is reasonable cause to suspect andsnspected to be	..	believe that any sheep or lambs are infected AAuth the said disease and are
diseased.
turned out kept depastured driven or conducted contrary to the pro­ visions of the said recited Acts or of this present Act it shall be lawful for such Justice to grant a Avarrant under his hand to some fit and proper person to be named by such Justice in the warrant to authorize him to examine any such sheep or lambs as aforesaid and if necessary to cause the same to be drAen to the nearest pen where the same arc ordinarily kept for examination and any proprietor or person in the charge of such sheep or lamhs Avho shall refuse to allow the same to be examined or shall refuse or neglect Avhen so required to cause them to be driven to the nearest pen for examination shall be subject to such and the like fines or penalties as by the said first recited Act are imposed or inflicted for turning out keeping depasturing driving or conducting any sheep or lambs contrary to the provisions thereof.
5. And whereas by the said first recited Act it is enacted That if any person not being a transported felon or offender convicted of any offence or offences against the said Act or Ordinance before any

one

1835. 6" GUL. IV. No. 11. 645

Cumberland Parish Roads.

one or more Justice or Justices of the Peace should think himself or herself aggrieved hy the judgment of any such Justice or Justices such person should liave liberty to appeal from any such conviction to the next Court of Quarter Sessions and Avhercas it is expedient to limit the said appeal to certain cases Be it therefore enacted That no Limiting appeal to

appeal shall he alloAved Ifom any conviction under the provisions of	exceeding £io.
the said recited Acts or of this present Act in any case wherein the penalty or sum awarded to he paid shall not exceed the sum of ten pounds.

6 .                 And he it farther enacted That all offences against this Act Recovery and appii-

shall he heard and determined and all tines and penalties incurred

penalties,

under the same shall he le\ ied recovered and appropriated as in and

hy the said first recited Act is directed.

SCHEDULE REEEREED TO.

Form o f Warrant fo r removing Sheep after conviction.

District uf

In the Colony of Now South AValcs.

I A. B. (or we A . B . and C. 1).') Justice (or Justices') of the Peace for the District

of	in the Colony of New South Wales having this day convicted E. P. of
(or G. H. overseer o f E . F. o f ) of having turned

out (hept depastured driven or conducted as the case mail he) certain sheep (or lamhs) infected with the disca.se called the scab the property of the said E. E. contrary to the provisions of the Acts of the Governer and Council in such case made and provided and it having been made to appear to my (or our) satisfaction that it is necessary to remove the said sheep (or lamhs) to in the District of where the same may be lawfully turned out kept and depastured do hereby in pursuance of the authority in me (or us) vested by a certain Act o'' tiie said Governor and Council passed in the sixth year of the reign of His Majesty King William the Fourth intituled “ An Act to amend

“ and extend the provisions o f an A< ( intituled ‘ A n A ct fo r preventing the extension o f the “ ‘ infectious Disease commonhj called the Scab in Sheep or Lamhs in the Colony oj New “ ‘ South Wales’ ” authorize and direct the said E. E. (or the said G. H. ovirseer o f the the said E. F ) to drive or conduct the said sheep (or lambs) or to cause the same to he

driven or conducted to aforesaid by (here point out the nearest or most

convenient route or that hy which the said sheep or lamhs are the least likely to spread the

itfcciion) This Warrant to he and continue in force from the date thereof until the

day of

Given under my hand (or our hands) at this

day of one thousand eight hundred

and

A. B. C. D.