Scab in Sheep Act 1840 (SA)

That it shall be lawful for the Tnsycctor of cattle h i n d s for an:; district

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within the Province or such other person as may be appointcc1 by tile Go-\-- qnor which appointment His Escellcnoy is llerchy ;~ntllorixcl to m; t k n i t w cancc.1

p l renew frdni tinw to time as hc may dcem fit and such, 11isp~l.tc.r ctr other

or lalnbs or _ the _-+ _ pi~rty _ _ unl~r-!v&$argc. - .- lhc s: ~ t l l c - ~ n; ~ ~ 1,c - s11,iII A ful.ri.iL: ; i 1's:; ,:l

penalty o f t t ~ ~ i	shillings for :cvcry	sltccp or lnnrb	comlmsin;:	t l r. 8 iI:<i.:,	:i	1, l, ch: uch
t

diseased shccp or Iltmbs aie fi;und over ancl nbow ally tlrgt:; p; ~ ~ n b l e U J ~ L I I ~ imlii,rr .:-

(:ovornor/by sunnwry procccdiag before the Rcsident h1a~istmtc or m y two Jur-

tiecs OT t ! ~ Pcncr ad sh;!l be pi t1 :! 4 applied i:. ,. . :cr herei~nfter directctl.

a x t u p 1 his ! I n d; n ~ t: ~: m 1 - z to Le morc or Ic-, i: ~ a ctiser..cd ttitte to delivcr

&@Ad - r 1. piu tL) t f ~ c pr >pricwr tlicrcr,f,or to tlic person in whew cilarse thc s a v e arc L- a notice

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ciijoi~~ing the s:tid partics or either oF tlieni forthwitl~ to use the usual and approved ,

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nlLkn-ls to clcnn or cure the said slxcp and if at the espiration of s&montliv - - the said

~ha:-, d w n h s l d l still be fodnd in a-diseascd stcltc f r o k scab after such inspection

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nrd ii?;un:~!m slin!l Izzvr: bocn duly mnde the propric:or of such & the - party repre- --

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scnti.:,: hiin i,l tXs c o l o n ~ shall bc 1Inblc in a p-.naltjr of two shillihgs and six pence

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for c v x j shccp ar lam5 so found in a diseased state bnless it shall appear to the s~:I\Cicfhn of the _ __ Comn~insioner -- of Policc on the report of such Inrpcetor/lw other

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. ~ ~ ~ I i. i t % s a u d and a_pproved means ~ ~ I F S; used witllout success

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.l & r	-.	L - h f ~ F n	m F p c r i o d	o f six months shall be grantcd to cornD&tc the
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cure l. ~ r o v i t l e i that on t h c cxpiration of the second period of six &nths no f d m estcnsioa of time s11a11 be granted incl (L penalty of five shillings shall bc cx- acted fortltwith on the expiration of the said period and a similar penalty shall bc incarrcd and exaclerl once in every year thereafter so long as any "of the said d m p or iamh siinil be found in a discased state as aforesaid w l k h penalties shdll b,: rtcovt.ral)l:, in manner hercin provided.

111. That tlic snid Inspector or otlic; p c m n appointed as aforesaid shall and

may cnusc snch reports or abstracts of tlic particulars thereof to bc from time to time puJlislwl in the G o c c r n m c n t C a x t l c, oncl from and after such publication ----- --- -- p

any, perm1 or Vcrsons purchasing any such flock in which diseased sheep or Imlbs may bc contained shall be cqunlly liable in the penalties bcforc enacted as

tlic principal proprietor ~vould have been if such flock had rcmaiiled in his pos- - -

sussion and in any Icgal proceedings for tlic recovery of such penalties ap ins t such purclmer it shall bc suEcicnt to provc tlic purcliase of the diseascd flock witliout cvidc;icc of the identity of the sl~ccp rcfcrrcd to in such report or of

tlicir being actually at the tiinc in tlw possession of SW!-i purchaser.

takc plncc.

V, That whcrcvor any ~ l ~ c c p 0 1 - lambs inftlctcd wit11 tllc: snid disc:so callcc1 t l ~ c

scab shdl t c t m m ? out kept or dcpnstulul u1,on any I C I ~ V J ~ ~ ~ \ ~ E O C \ C L ' vrithin the

- .-. - - - _ - -F-* limits.

r&d tfi:r t !~e cause :hLll have 1 cc11 l~carcl and determined in a summnry way 2s here- by proviclcd and if any such nctioil or siut ~11311 be brought for such cnusc it s ! d l bc lawful for tllc dc fcnd~n t o;. dcfcii~lnnts to hpply to the court wherein such octicn or

suit shall be brought to stay ~~rocecdings and such court is hereby required to stay

such proccedIn,rr$ occorcli~~gly and to award buch reasonable costs as shdl '35 there-

by incurred LJ sutli dctl.ada~:t or d~f~':idants.

VIII. That upon i~~iuruia t im made Lcforc any Justice of the Peace by any

proprktor u r overbccr in chnrgc of s l m p or lambs or other person that flocks are - ;infected with the said discnse and arc t u n d out kept dep&ured driven or con- ducted contrary to t l i ~ provisions of t!~is act it slml! bc lawful 'for suck Justice to . ,. L

g r m t 3 warrant under 11;s liarid to some C t and proper'person to be named by t

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such Justice in the ,:.arrant to autliorisc i imGd, the lnsp&or of the district or

other person z~pointed ar n f j r a s: . ~ is lmclly outliorised'te ernmine such flocka

cnd if necessary to cause tllc snnic to bc driven to the ccarest pen whero the c

scmn are ordiimrily kept f ~ r examination and ady proprietor or person in the

char~e of such shccp or lambs who shall refuse to allow the same to be eszmined .,

or s21311 refusc or neglect wllcn so required to cause then1 to be drIven to the nearest pen for esanlinatio~i s l i d be subject to such and the like fines acd peualtiea as, by this act are iniposcd a i ~ d inflicted for turning out keeping depasturing

driving or codnctin: atiy $sheep or lambs contrary to the provisions hercof.

IS. Tiut every person wit!~ix t113 Provi~lce owning c r Ilaving in his possession

on the first days of June :aid h'oucmlcr respectively in any p r any nurnber

of sheep li.hatsucver slid1 c t lenst once ill every half-jear on or witllin one

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month before t l ~ 1st day of July aild 1 s t day of January respectively transmit to the r.ewest Inspector of the district or other person appo in td as aforesaid a correct retcirn certjfred by his sipature of the nuinber cf sheep so owned or pm- sessed by l h i w\-it!l rr particular descriptio:~ thereof npecifj+ing the brands or marks of such simep a i d if any person shdl possess an? number of sEeep without so transnlitting su-11 rctnrn he shall fur evcry scch offence forfeit

. and pay a penalty of Five Poui~ds : Provided aIways that the Commissioner

of Police or other officer appointed as aforeskid sliall cause to be inserted at lenst cncc in the Got-cr/,mrfit C;axt{c. and in each of the newspapers

pxblished in AdeIaide a t least; zllontll bcforc each of the first days of J e~ua ry

and July respcetivcly a notice iatimatiny that the rcturns hereby requirzd will

be due and calliug upon all parties concerned to furnish scch returns in

terms of this ,4ct. >

S. That such Inspector or ot!ior officer shall so scjcn as conveniently may bc

after the certified returns arc lodgecl cause to be entered in a book to be kept	,
for t l ~ t purpose correct copics of the same fur public irispection the $aid entries
to bc made in alphabetical order according to the flrst lfttcr of the surneme c!
the party owning or possessing such sl~ccp ;ad sliall file znd carefu3y Lccp the originals .and prodltcc tllc samc or the copies thercof whenever requiicd by an)- party hnvin;; i:btt.rcst on paylnellt ~f a frc of Fivc Shillings.

XI. T ~ u t all ofi'enccs aglinst t!lis. act shrril be heard and deterrnked 2nd

all flncs and penalties incurred under the s m e sllnll bc Icvicd anti recovered in rnanricr dircctcd by an Act of tlic: Govmlur in Council pissed in the Third year of IIcr Majesty's lluign No. 10 intituhd " A n Act for d e c l a ~ i n ~ the law ir. curtain CLCSCS and for an~ending an Act of Council passed in thc firs? year of H e r prcocnt Majesty's Reign iutitulerl an Act for rcgtdatiug the coasfjtution c f Jurinr

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for ptewnting the failure of justice in case of summary proceedings befbre of the Peace."': .4nd in all such proceedings it s h l l be unnecessary to dence as. to the identity of the sheep alleged to have been found and uncured at the respective times mentioned in the said proceedings all be suficient to prove the possession by the party complained against

diseased flock and the number of diseased or uncured sheep 2nd !amby

therein at the respective times mentioned as aforesaid,

XXI, That if any person convicted of any offence or offences punishable

'Act befor6 any one or more Justice or Justices of the Peace as afore-

all think 1Gmdf or herself aggrieved by the judgment of such Justice or

h person s h d have liberty to appeal from such conviction to the

of Quarter Sessions of the Peace which shall be held nearest to the

where such affenee s h d have been committed and that the execution of

judgment so appealed from shall be suspended in case the person so

d shall with two sufEcient sureties immediately before such Justice or

enter into s bond or recognizance to Her Uajesty her heirs and

ora in the penal sum of double the amount of the penalty so incurred or

d which bond or recognizance respectirely such Justice or Justices is and

rised and required to take and such bond or recognizance shall

o prosecute such appeal with effect and to be forthcoming to

e the'judpnent and determination of" the said Court of Quarter Sessions and

pay such cast3 as the said Court sliall award on such occasion and the

ces at the said Court of Quarter Sessions are hereby authorised and required

ear and determine the matter of the said appeal and to award such costs as

o them shdl'appear to be just and reasonable to bo paid by either party and

m& decision shdl Le final between the said parties to a11 intents and purpses :

ed dwnys that no appeal shall be allowwl from any conviction under the

sons of this Act in any case wherein the penalty or sum awarded to be

shall, npt e x c e d the s ~ r n of ten pounds.

- XIXI. 'That no consiction shall be h d under this Act in any ease happening &ore L, than-one month before the time of laying the complaint. .,

That no action at law shall lie against any Justice of the Pcacc or

&n&ble for any ~nn t t e r or thing which may be done or commanded by them

or any of them in pursuance of the provisions of this Act uxlless tllerc be direct

, of corruption or malice and unless such action bc coniluenccd within one

'&n&w month after the cause of action or complaint shall have arisen and if

Justice or Constable shall be sued for any matter or thing done in pursuance

$( &is Act the defendant or defendants in any such action may plead the

issue and give this Act and the special matter in evidence.

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XV. That no order or judgment or otlrcr proceedings m d a touchin: and

mnci.ming any of .the matters aforesaid or touching and concerning tile conviction of any offender or offenders against this act shall be quashed or vacated fGr ,+ant of form only or be renlovcd or renlovahle by certiorari or any ottrer writ or

process whatsoever into the Supreme Court. 8

XV. That all fines and penalties which sh:ill be levied unclcr this nct s l~nl l be

paid as fallows that is to say one third part to the I~lspector or other person appointed as dotesaid if informing and lcading to t ! ~ conviction ancl tllc

remaining

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rrmaiuing two third3 10 the Colonial Trcnsnrcr and in crse of there l c inq no

:Q& informstion then th: whole to the Colonial Treasurer for behoof of Her

Majesty her heir0 and succcsscrs to be applied t o the public uses of the Province and thc support of the Governrncnt thcreof: Provided alwiys that it

&.all be lan.ful for thc Gorcrncr to remit dl s ~ c h fiaes and pendties in qhole

or in pat.

XVII. That except cs i s bdorz pro~ickd this act shall commence and take '

effect on the 1st. day of January One Thousand Eight-hundred and forty one.

GEORGIJ GAWLER.

Pamd in Council this eighth dar 0 I

of December 1840. P

GEORGFJ HALL,

Clerk of Comcil.

8CHEDULS REFERRED TO I N THE FOREGOIXG ACT,

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1 Notice by In~pector of Diseased RocLs.

Take notic0 $hilt in terms of an Act of the Governor in Council, 4th,

Victoria ATo, 6. &#for the estwsion of the infectious disease called

the scab in sheep or lambs" I having visited and inspected the flocks belonging

to now depasturing at

nader the charge of find to the beat of my judgment that

fie said flocks coatain sheep and lambs discascd from scab to the number of

And I enjoin you forthwith to use the usrul and approved means to clean

or cure the said sheep: and if at tllc ~ s p i r i ~ * i ~ n of six 'inontlls the said sheep

or lambs shall still be found in n diseased s t i ~ t e from scab the rop.ietcr of

the &aid sheep or the party representing him in this colony vi l l !I e liable iq	a penalty of one shilling for every sheep or lamb so found in rr diseased stair?
unless i t shall appear that the usual and aplrroved mmns of cure hare beeq used without success. Dated

S i p c d

I iispcc tar

Shepherd or A p n t.

For Mr.

Proprietor a? the f l p k nt

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