Scab in Sheep Act 1844 (SA)

ANNO SEPTIMO ET OCTAVO

AN ORDINANCE to P t * c w ~ t the E,rlcrrrion of the Scab in Sheep

1 it8 Sorrlh Atrs t td in.

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h a b " and also an Act or Onlinance passed on the twntrs ixt l l

WHEREAS the Laws at present in force within this Province for 1 4

preventing the extension of Scab in Sheep have not been found to	I
produce thc 'csults contemplated by the Legislature and it is neces-	' 1 '
anry to make new provisions in that behalf:	1 - I e.

13s IT THEREFORE ENACTED BY HIS EXCELLENCY THE GOVERKO~L

' of Sorlth A~lstralin ~ i t h the advice and consent of the Legislative

Council tllcrcof: That from nild after the First day of AIny

Act or Ordinnocc of the Governor wit11 the advice

eonscnt aforesaid lrassed on the ciglitll day of' Dccc~n bc 1

in the year one thousand eight huudrcd and forty intitulcd " Ah rv,& xa. 6.

Act for preventing the extension of the infectious disease commonly cded the Scab in Shccy or Llunbs in the Province of Soutl~ A1169

day of October in the year one thousand eight liundred and forty

'li 6 %t. No. ihe. one intituled An Act to amend and extend the provisions of an

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'S..	Act intituled ' An Act for preventing the extension of the infectious
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:.	disease commonly called the Scnb in Sheep or Lonlbs in the Pro-
,.C	-oince of South Australia' " shall be and the same are hereby rc-
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pealed and the present Ordinance shall cozmenee and take effect. '
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L. P ~ 11. And be i t enacted that every proprietor and other person by ~ ~ Q ~ ~ ~ ~ ~ ~

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1'. r * u c c d M ~ - ,, whom or under whose charge any flock of sheep or lambs infected

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1 * in rvholc or in pnrt 1~it11 the said disease shnll be imported or intro-

! L '. .	.	doced by sea or land into this Province alp11 upon conviction forfeit
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and p y t y penalty of One Shilling for every sheep or lamb compo- sing the flock and every such sum may be levied by distress and sale of the sheep or lambs in respect of which the same is incurred
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.I	whcther the legal proprietor thereof be or be not known or be or be
l	not subject to the jurisdictions of the Province.
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Penalty on wilful1 I 111. And be i t enacted that whosoever shall wilfully set at lnrge

~ b a n d h r rtnr and abandon any sheep or lamb infected or tainted with the said

sheep.

disease shdl upon conviction forfeit and pay R penalty of Fifky

Poilnds for every'sheep or lamb so set at large nnd abandoned.

, pIndll drivhg IV. And be it enacted that whosoever shall d r i ~ e or 'conduct any

. mrdr without war- dbcad deep m.sheep or lamb infected with the said disease on any road or wq-

, nnt. declared to bc a public road within the meaning of this Onlinance without a proper w u r m t for such rc~novnl in manner aftermentioncd

' a t m shall forfeit and pay n penalty of Ten Pounds: Provided alrrn)+

m d ~ w a that the respective Benches of EIngistrntes nssernbling in Petty Scs-

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,I aions t l~ro~igl~out the Province at such places as nmy bc appointed

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-	by the Governor or any two Justices with the sanction and npprord
of the Governor shall from time to time as occnsion r n n ~ require

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. , declare and define what roads or ~ v q s

tricts are to be deemed public roads for the p~~rposcs hereof and within their respective Dis-

shall forthwith transmit n sufficient description of erery such road

, or way to the Colonial Secretary who shall cause the same to b notified in the Government Gazette nt least three times succcssivtl! and thereafter every such road or m y shnll be deemed n public rood

1 *U within the meaning of this Ordinoncc until such dednrntion rhd be cancelled or varied by the like authority and in like manner.

' ~ ~ m ~ l i ~ V. Provided dmp and be it enacted that nothing hereinbefore

mdrwam din9 contained shall be construed to prevent the dririnp of sheep or Innibs

mnr of rhaep no-

dmb t o ~ ~ ~ r f f i r e d, across any such public roncl intersecting or crossing the ordinary

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. ,mns where such sheep or lambs are usunlly depsturtrd protided the

proprietor or person in charge of ruch sheep or lambr shnll cause o. notice of such infection to be ken continuully &ed containing the

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word

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word "Scnb" in distinct legible characters at some conspicuous1

plncc at cad1 end of such public road that is to say where it enters

onrl w11cre it lcnvcs such land.

VL And be it cn'nctccl tlmt ml~ensoever it may be necessary to, nr~siarrtcsma~ th01iso mmmd rod -on

remove any flock containing diseased sheep from ono part of thc proor or nccarity

Provincc to another thc owner or person in c h a p of such flock or ::=F-

mne person authorised by him shall cause the same to be dressed	,
nnd shall at least a fortnight previous to such intended removal apply in writing to thc ncarcst Bench of Xagistrates or to any

- two Jt~sticcs of the Pcace residing near stating the place to which

and tlic route by which it is iutwded to remove the said flock

(being the nearest mute or that by vhich the flock arc the least

likely to aprcad infection) rind it shall be lawful for such Bench of hiagistrates or any two of them on proof to their satisfaction of the flocks being duly dressed to grant a warrant under their hands in form or to thc effect of t l ~ c Scherlulc R hereto annexed authorking tbe removal of the said flock in which warrant shall be espressed the plncc to which and the route by which the mid flock is to bc rcmoved and the time during which the warrant is to remain in force not exceeding one calendar month from the date thereof as well ns the condition that the person to ~vhom the same is granted.

shall give at least t~vent)*-four hours previous notice of his intention

, to remove diseased shecp nlong such route under such rmrrant to

every master or overseer of sheep through or adjoining whose run the route may P ~ S S and whosoever shall remove any such diseased sheep

or lnmbs without such ~vwmnt or contrary to the provisions hereof

ahdl upon conviction forfeit nnd pay for every such offence a sum

not excecding Ten Pounds nor less than Twenty Shillings.

VII. And bc it cnnctcd that whosoerer shall without any proper Pcndtr on n ~ p

luring U noar d

rnarrn~tt nnclcr the tcrms of this Ordinanccclrivc or rlcpnsture m y sllccp

or lambs infcctcd 1yit11 tllc said discnsc upon m y appropriated lnnd be-	.
longing to or iawfully occupied by mother person or upon nny waste lands of the Crown lnwfdly occupiicd by another person either cxclu-

sively or as a common right ~mclcr any liccnse or other authority from

the Govcnlrncnt sllnll on thc complaint of soch nggrieved party nnd on conviction forfeit aud pay for every soch offence .R pendty not

exceeding Twenty Pounds nor less tl~nn Forty Sliilliugs.

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VIII. And bc it cnncted that jf any proprietor or person Baying p~ndi an mliy de.d@JW.

the cllngc and mnngcment of nny sliecp or lnmbs infected 'with .

the said disease s l d l knowingly md wilfully turn out keep depas-	' 9
ture drive or conduct or permit or suffer to be turned out kept
depastured driven or conducted any such sheep or lambs so W that

muh diwmecl rheepor lamb8 s ~ d l communicate the said diwase to .

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the clean floclzs of mother person by trespzing on the runs of such person or in any way offending against the provisions of this Ordinance then such proprietor or person in charge of diseased sheep ahall be liable over and above any other penalty hereb~

imposed to forfeit and pay to the person to whose sheep or lambs the disease shall Ire so communicated such sum of money as in the judgment and discretion of the Justices aftermentioned shall be.

deemed sufficient to reimburse such person for the losses and ex-

penses he shall have incurred or been put to thereby such sum not

exceeding in any one case fifty pounds sterling to be recovered upon

complaint by or on behalf of the injured party and duly pro~ed

before any three or more Justices of the Peace not interested in the

dispute: Provided always however that no action or suit at law

shall be brought in any Court in the said Province for or in respect of any loss expense or damage which shall or may be incurred as aforesaid after the cause shall have been heard and determined in a p

summary way as hereby provided and if any such action or suit

shall be brought for such cause i t shall be lawful for the Defendant to apply to the Court wherein such action or suit shall be brought

to stay proceedings and such Court is hereby required to sky p m

ceedinge accosrlingly and to award such reasonable costc as shall be

thereby incurred by the Defendant.

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P e n d ~ ror bu*m IX. And be it enacted that if any butcher or other person shall

bmiriginrectcd*np

, have in his possession for the purpose of slaughtering for sale or

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N. shall slaurrhter or cause to be slaughtered for sale any sheep or

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:F - lambs so rnfected as aforesaid or shgll expose the carcase or 'any

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!*-t part thereof for sale in any public shop stall market or other place

.. every such person shall be liable upon conviction thereof to o

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,C. penalty of not less than Pive nor more than Twenty Shillings for

W: ,	h, '	ever	such infected sheep or lamb so in his possession or slaughtered
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I or o r wlrich the carcase or any part thereof sllnll be exposed for

mrh or i n f m d sale: Provided always that the flesh of all swh infected sheep or

dnp'orsdam* lan~bs so slaughtered ns aforesaid slrnll be seized condemned and

destroyed in such maturer as tire convicting Justices may direct.

S. And bc it cnactcd that when and so often as any offender

slrnll be co~wictcd under this Orrliur\uce t'or turning out kce ping	depnsturing driving or conducting of sheep or h n b s infected with
tlrc said discnse or for permitting or snfferi~ig nny such sheep or lainbs to be tunred out kept depastured driven or conducted coila

, ' trary to the provisioils hereof alrd it is necessary to remove the

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' said sheep or lambs to s o w place where the same may be law-

Fully turned out kept or depastured it shnll be lnwhl for the cos- victing Justice or Justices to grant a warrant under his or their

q, hand othanda i n the form in the Schedule hereunto annexed W- *. .

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V ' c 4 thorising

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thorising the removal of the said sheep or lambs 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 and in case any such person shall detain or contiuue any such sheep

or lambs on any lands or road or shall turn out keep depasture

drive or conduct any such sheep or lambs without such warrant

or contrary to the directions thereof such person shall be subject

and liable to the penalties imposed and inflicted upon persons for turning out keeping deyasturing driving or conducting such sheep

or lambs contrary to the provisions of this Ordinance.

XI. And be it enacted that it shall be lawful for any Justice of Justieea to g m t

w u r ~ t for wuorr

the Peace upon information on oath from any proprietor or over- ud , , , , ,

fected flocks will be driven through the run where his flocks are	seer in charge of sheep that he has reason to apprehend that in- $ % P ~ ~ ~ W
depastured to grant a warrant for the immediate seizure and de-
tention of such flocks until the same can be properly examined as
hereinafter provided and tlie fact determined as to their being so
infected or otherwise and if upon examination such sheep prove '
to be infected the proprietor thereof shall be liable to the penal-
ties imposed by this Ordinance but if they be proved to be free4 '

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from such infection tlie person so informing shall be liable to de-

fray to the proprietor all expenses and damages which may ensue

from the selzure and detention as aforesaid ti, be assessed and red,

covered by and before any two or more Justiccs of the Peace

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XII. And be it enacted that upon information mndc before any Jmticea may nmr 1'.

rsmrrl fos-oiami- ' V

Jtisticc of the Pcncc by nny proirictor or overseer in charge 6f nation OS d ~ . I- p ?

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rhcep or lnmbs or other pcrson that flocks are infected with the said hpa t a b &a.	t	r
discclsc ancl arc tunled .out kept dcpnstured drivel1 or conducted

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contrnry to the provisions of this Ordinnncc it s l d be lawful for i

such Justice on payment of such R stun as luny incet tho estimntni i

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expences not cxcccding ten or upon giving security for the ' ! \

snmc to tllc satisfaction of such Justice and either before or nftcr ' p, 4

issuing summons or notice being givcn ta grant n mnrrnnt under his { t , I

hand to some fit and proper person $0 be named by such Justice in	h $
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the warrant to authorise him to esanrinc such flocks and if necessnry l 1

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hereof: And my Defendant who ahdl render necessary any sheh '

examination by denying the fact that any flock in question is in- fected with the said disease ehall if convicted of offending against

the provisions of this Ordinance be liable in the M1 costs and ex-

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penses of such examination to be awarded by the ~onvicting Justice

over and above the ordinary costs of conviction.

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', .:I..	~ i m i t n k * 4 a*	XIII.	And be it enacted that no netion	at Law	bhall lie against
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JUb m y Justice of the Peace or constable for any matter or thing which

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b. fa4., ,, may be done or commanded by them or any of them in pursuance

.,	of the provisions of this Ordinance unless there be direct proof of corruptiou or malice and unless such action be commenced within one calendar month after the cause of action or complaint shalt
haw arisen and if any Justice or constable shall be sued for m y
mattcr or thing done in pursuance of this Ordinance the Defendmt or Defendants in any such action may plead the general issue and
give this Ordinance and the special matter in evidence.

Limihtion 4 *.- XIV: And be it enacted that no conviction shnll behnd under this Orclinancc in any case happening more

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than three months before

the time of hying the infomation or complaint ~ n d notice in writing of such information or complaint shall b given to the Defendant

', within one month from the cause thereof arising.

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t - 1 m onid. .. XV. And be it enacted thnt no order or judgment or other pro-

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,.,l, ,. I , . :. - . ceedings made touching any of the matters aforesaid or touching

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* *#I 9 the conviction of any offender against this Ordinance shall be

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quashed for want of form only or be removed or rernovenble by ccr. I

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tiom0i or any other writ or process whatsoever into the Supreme

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XVI. And be it en~ctcd that a11 fines aud penalties which s h d

be lcvicd undcr this Ordinance shnll be picl ns follows that is to

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' sny--onc third part to the person informing or lending to the con-

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viction and the remaining two thirds to the Colonial Treasurer on behalf of Her Majesty her heirs and successors for the public uses

: of the Province and support of the Government tllereof: And in case

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of there beins no such information then the whole to the OoIoniaI Treasury for the uses aforesaid: Provided rrltvays thnt it shall be

. lawful for the Governor to remit all such fines and penalties in

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XVII. And be it enacted thnt nll finec penalties and other sums of

money levied or incurred under this Ordinance may be recovered and

all proceedings had and taken in M far u, not sthenrise expressly mentioned in. a marnary nag before my one or more Jutices of the

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Pence atid every party wgrieved shall be entitled to appeal in mhn-

ner and form respective 7 provided by the Law of the Province for 'I

. regulating summary proceedings before Justices of the Peace.

XVIII. And in order to facilitate proof be it enacted that in any r.riliur&g rq -

information or proceedings had under this Ordinauce or under an	.	14'	+
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Qrdin~nce passed on the twenty-fourth day of November one
thousand eight hundred and forty-two intituled An Act to protect

the Waste Lands of the Crown in South Australia from encroach- ,

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, ment intrusion m d trespass" the averment that any lands in questioh

. arc ~lnnpproprinted Waste Lands of the Crown shall be sufficient . - !.

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without proof of such fact unless the Defendant shall prove the con-	ia !
trnrp rind all maps pllnns licenses certificntes and office copies cer-	r bJ:
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tifiul ns truc unclcr tlrc hand and scd o f the Surveyor General of	pr,
the Provhcc or of thu propcr oficcr of his dclmmtmcnt or of nny	b y #
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Conlmissioncr of Crown Lauds s l d l .in nll nlnttcrs dat ing to tlrc	.	i L1
mid respective ofices be.sufficicnt cvidencc of their contents witlwut ' production of original records and without the personal attendance of E U C ~ officers or prmf of their signatures and proof of ale diseased
sheer, having been found in a flock shall be sufficient evidence of the

GEQRGE GREY, *

Governor and Commanderein-Chief *.-

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S Pnwd	the Legirlotilre Council,'	this Ttom@j%t	..
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day of Febmurj, L 844.

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,. W. L. ~'BALLOPAN,

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. Clerk of Council. '

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SCHEDULE A.

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. c 1. Warrant for rmoaal of Di~eaaed Shecp.

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, '.L , DXSTRXCT of in the Provinre of South Australia We two of Het

JVsjrsty'~ Justices of the Peace for the said District in pursuance of m Ordiaonce of the Governor in Council passcd in the Seventh and Eighth Year of Her present 3Iajesty's Reign intituled "An Ordinance to prevent the Ex~ension of the Scab in Sheep in South

1 , Australia" having hod proof made to our se~ishction of mfficient rearon for the removal of

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certain shcep [or lambs as the case may be] infected with the taid disease k l o n ~ n g to

. I . or under the charge of non de ssturieg at and that the said flocks have been duly dressed do here p ia punaeace of the powers by the mid Ordinance in us rested authorise tbe said or hir over,eera to drive or conduct the said sbeep or Iambs being

. I L	in number to [speciry tbo placo] by [bera point out the route being the nearest or that by which the dock is the least likdy tcr spread the infection) nolice of removal being given at least twenty-four boun previously to mtry W s t e t or .Ovcrrecr of sheep through or adjoiniog wbose run the route may p a s This warraot.
to be and continue in force for (riot exceeding 001 ulendu
month) from tbe date hereof. .

Given oadtr our hand& ot thia day d 184

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, ' SCHEDULE B.

Form of mbrrant for mnnomnnomng Sheep afla convictior,

.	District of
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, I A. B. (or n o A. B. and C, D,) Justice (or Justices) of the Peace for tbe

district of in the Province of 6ou1h Atrstnlia having this d3y

convicted E. F. of (or G. H. Oversecr of E. F. of ) of baring turned out (kept dc mtrturcd driven or conducted as tltc case may be) ccrlnin sheep (or lorubr) (infce(ed with t l~o clhmre cal ld tlla scab iha ymprrtr of tlw raid E. F.) contrnrr to the yrovisina of tltu Orclinnaco of t11o Govcrnor and Council in stlch case laada and p-

vidcd nod it hnvitlg been mndo to nppcnr to my (or our) sotisfaction illat it is necessary to romovc thc snid sllccp (or Inmbs) to in tbc district of where the samc may

, ,c. bc Indully turned out kcpt and depastured do hereb in pursuance of the nutboritv in

.IW	me (or us) vosted bv a certain Ordinance of the r d ~ o v n n o r and Council pasred in
G. H. ovcrsccr of the said E. F.) to drivc orcondnct the said ~heep (or lambs) or to (mention the lido of the Ordinance) authorise and direct the mid E F. (or the raid

' cnrrso t110 anme to he driven or conducted to aforesaid bp (bew point out 1110 nearest or moat convenient mute or that by which Le mid sheep or lamh am Q0 last likely to sprcnd the infection). Thir namat to br amd continue in force

from he date thereof until tho day of l

Oitea under my band (or our hands) ot thin

dry o C t one l b o u ~ n d eight hundred rod

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