Scab in Sheep Act 1846 No 12a (NSW)

1846.	10̂ ̂ VIC.	N o. 8.	1611
Scab in Sheep.

No. VIII.

An Act to consolidate and amend the Laws now in force for preventing* the extension of tlie Diseases called the Scab and the Influenza or Catarrh in Sheep and Lambs in the Colony of New South Wales. [30 /̂i October, 1846.] Scab in Sheei'.

TA 7 IIEREAS an Act was passed by the Governor and Legislative Preamble.

T T Council of New Soutli Wales in the third year of the reign of

II is late Majesty King William the Eourth intituled “ An .'iwiiiiam iv. No. 6.

“ preventimj the extension of the infectious Disease commonty catted the “ Scab in Sheep or Lambs in the Colony o f New South Wales ” in which it Avas enacted tliat it should commence and take effect from tin; first day of May one thousand eight hundred and thirty-three and be and continue in force for two years And whereas a certain other Act was passed by the said Governor and Council in the fifth year of the reign of Ilis said late Majesty King William the Eourth intituled “ An Act swiiuamiv. No. lo.

“ to make perpettial an Act intituled. ‘ A71 Act for preventing the exten- “ ‘ sion o f the infectious Disease commonly called the Scab in Sheep or “ ‘ Lambs in the Colony o f New South Wales ’ ” Avhereby the said recited Act Avas made perpetual And whereas a certain other Act AA as passed by the said Governor and Council in the sixth year of the reign of His said late Majesty King William the Eourth intituled “ Aw CAViiUamiv. No. 10.

“ Act to amend and. extend the provisions o f an Act intituled ‘An “ ‘Act fo r preventing the extension o f the infectious Disease commonly “ ‘ called the Scab in Sheep or Lambs in the Colony o f New South “ ‘ Wales’ ” And Avhereas a certain other Act urns passed by the said Governor and Council in the second year of the reign of Her Majesty Queen Victoria intituled “An Act fo r preventing the extension 0/2 Aictoria No. 12.

“ the Disease commonly called the Influenza or Catarrh in Sheep and “ Tjambs in the Colony o f Neio South Wales ” in AALich it was enacted

that it should commence and take effect from and after the expira­ tion of ten days from the passing and publication thereof and be and continue in force for tAvo years And Avbereas a certain other Act '

Avas passed by the said GoA êrnor and Council in the third year of the

reign of Her said Majesty Queen Vietoria intituled “ An Act to con- s victoria No. 27.

“ tinue fo r a limited time am, Act intituled ‘ An Act fo r preventing the

“ ‘ extension of the Disease commonly called the Influenza or Ca tarrh in

“ ‘ Sheep and Lambs in the Colony o f New South Wales’ ” Avhereby the

said last recited Act Avas continued in force until the ninth day of

October one thousand eiglit hundred and forty-two And Avhereas a

certain other Act Avas passed by the said Governor and Council in the fifth year of the reign of Her said Majesty (^ueen Victoria intituled “ An Act to further continue fo r a limited time an Act intituled ‘ An a victoria No. 22

“ ‘ Act fo r preventing the extension of the Disease commonly called the “ ‘ Influenza or Catarrh in Sheep and Lambs in the Colony of New South “ ‘ Wales’ ” whereby the said herein recited Act of the second year of the reign of Her said Majesty Queen Victoria Avas further continued in force until the ninth day of October one thousand eight hundred

and forty-four And Avhereas a certain other Act Avas passed by tlic said GoA'ernor and Council in the eighth year of the reign of Her said

Majesty Queen Victoria intituled “ An Act to continue for a further § victori.a No. ;i.

“ limited time a.n Act intitided ‘ An Act for preventing the extension

“ ‘ o f the Disease conitnonly called the Infltienza or Catarrh in Sheep and.

“ ‘ Lambs in the Colony of New South Wales’ ” whereby the said herein

. recited

I

1612	No. 8.	lO*’ VIC.	1846.
Scab ill Sheep.

E;

IJT	recited Act of the second year of the reign of Her said Majesty Qtxeen
: ,	Victoria Avas further continued in force until the ninth day of October one thousand eight hundred and forty-six And Avhereas a certain other Act Avas passed by the said OoA'emor and Council in the ninth year of

9 Victoria No. 10 and the reign of Her said Majesty Queen Victoria intituled “ An Act to

tr	other Act was passed by the said Governor and Council in the ninth
“ roads and thoroughfares and fo r other purposes^' And whereas a certain “ prevent the travelling o f Sheep or Lambs infected vjith Scab on public

9 Victoria No. 22 year of the reign of Her said Majesty Queen A'ictoria intituled “ An

L: “ Act to provide fo r the summary jurisdiction o f cases under an Act “ intituled ‘ An Act fo r preventing the extension o f the Disease commonly “ ‘ called the Influenza or Catarrh in Sheep and Lambs in the Colony o f “ ‘ Neic South Wales and to indemnify certain Justices o f the said “ ‘ Colony ’ ” And whereas it is expedient to repeal all such of the said herein recited Acts as are noAV in force and to alter annmd and consolidate the laws for preventing the extension of the diseases of

Reijealetl. sheep Be it therefore enacted by His Excellency the GoA'ernor of N oav South AVales Avith the advice and consent of the Legislative Council thereof That all the said herein recited Acts shall be and the same are hereby repealed.

I f any person shall enacted That if any person shall turn out keep

turn out infected depasture drlA'C or conduct or permit or suffer to be turned out kept wr'^own 'occupation depastured driven or conducted any sheep infected Avith the disease he siiaii forfeit not called tlic scab O r Avith the disease called the influenza or catarrh J6̂ S tllAIl five poUllfls ’i.! • 1. i* * l i ? 11* 1 1 IT*

nor more than fifty

Avitliin a quarter of a mile of any public road or Avay used as a public

pounds.

or upon any land whatsoever not being in the actual possession

and occupation of such person he shall forfeit and pay for every such

• offence any sum not less than five pounds nor more than fifty pounds.

If any person shall 3. And be it enacted That if any person shall drive or conduct drivp infected sheep or permit 01' suffei' to be driven or conducted any sheep infected as he bliaii forfeit not aioresaul upoii 01* aloiig any public road or way used as a jmblic way

less than five poimds Pg shall forfeit and pav for everv such offence any sum not less than

^^oimds. live pounds nor more than ntty pounds.

Tiopiictors or per d'. And be it enacted That Avhenever any sheep infected as

“‘ aforesaid shall be turned out kept or depastured upon anv land which

land tinou(;h which may be intersected or crossed by any public road or by any Avay used to g iv e '^ n 'S ’to^thc public Avay it shall be the duty of the proprietor or person in public under a cliargc of sucli sliocp to cause public notice to be given of such Timn fivc“pounds nor infection by affixing such notice in Avriting in distinct legible characters more than ten at somc conspicuous place at each jioint of entrance of such road or

pounds. every such notice shall be kept and con­ tinued so affixed so long as any sheep infected as aforesaid shall be kept or depastured on such land and if any proprietor or person in charge of any such infected sheep shall Avilfully omit or neglect to cause notice to be affixed and continued as aforesaid he shall forfeit and pay for every such offence any sum not less than five pounds nor more than ten pounds.

ing^infec^sb^^^^ enactcd That if any person shall wilfully set at forfeit not less than large and abandon any sheep infected as aforesaid he shall forfeit and

than’’fifty‘'poun̂^̂^̂ every sheep so set at large and abandoned any sum not less

each sheep. than 0110 pouiid noi* moro than fifty jiounds.

Any person casting 6. Aiid be it enacted That if any person shall cast or cause to

stream̂ôwaTer̂ ^̂^̂^̂ stream 01' Avatci’-hole the carcass of any sheep Avhich

to forfeit not less at the time of its death Avas jnfected as aforesaid he shall forfeit and ti!L‘’fivo pouudi'’™ P̂ ŷ 0̂1’ every sheep so cast as aforesaid any sum not less than one

pound nor more than five pounds.

Justices to have	7. And be it enacted That if from any information on oath
fheseL̂ ureinspection	before any Justice of the Peace by any proprietor or overseer in

;imi detention of charge of sheep or any constable it shall appear to such Justice that

there

1846.	10'̂ VIC.	N o. 8.	1613
Scab i)i Sheep.

there is reasona])le cause to suspect and believe that any inf(!cted sheep sheep suspected to

are turned out kept depastured driven or conducted contrary to the

])i’ovisions of this Act it shall he lawful for such Justice to issue a war­

rant under his hand to some tit and ])roper person to he named in

sucli Avarrant to authorize liim to examine any snch sheep and if

necessary to cause the same to be driven to the nearest pen where the

same arc ordinarily kept or to some other convenient place for exami­

nation and if such sheep sliall appear to be infected as aforesaid they

shall he detained until any information that may be tiled under the

]u'ovisions of this Act in respect of such sheep shall be heard and

determined provided such information ho exhibited within at least

forty-eiglit hours after such sheep sliall have been discovered to be

. infected as aforesad and any proprietor or person in charge of such sheep Avho shall refuse to allow the same to he examined or shall refuse or neglect when so required to cause them to he driven to the nearest pen or to somc other convenient place for examination shall forfeit and pay for every such ofhmce any sum not less than live pounds nor more than twenty pounds.

8. And he it enacted That if any person shall liaAxi in his pos- Persons siauKhter-

session for the purpose of slaughtering for sale or shall slaughter or s"fe'infccted'sheep*̂ to

cause to he slaughtered for sale anv sheep infected as aforesaid or shall forfeit not less than

f'xpose the carcass or any part thereof in any public shop stall market more%han twenty

or other ])lace he shall for every siudi offence forfeit and pay any sum pounds.

not less than five shillings nor more than twenty pounds and it shall ConvictinR .Tnstices

he lawful for the convicting Justices to direct that the flesh of all such oraerthrdestrncaion

infected sheep so slaughtered as aforesaid shall he seized condemned of infected meat,

and destroyed in such manner as they may think fit.

9. And be it enacted That all penalties or forfeitures incurred Any proprietor su-

under the provisions of this Act may he sued for and recoA'ered by any sceroTconsLbYi'̂ ta propritdor of sheep or the overseer or superintendent of anv such p r o - ‘o'' penalties and

J. J- J- A. t- X +\v/» •Tiiefi/'/ta

prietor or by any constable by intorniation in the manner hereinatter adjudicate in a sum-

mentioned and the matters contained in any such information may he™®*̂

heard and determined by any tivo or more Justices of the Peace in a

summary n ay in the manner hereinafter mentioned. _

10. And be it enacted That it shall be hiAvful for any proprietor The manner inwhicu

viva voce on the oath of the jierson by whom the summons was so served as aforesaid and the production of the original summons it shall be lan ful for any two or more Justices of the Peace then and there being thereupon or for any two or more; J ustices of the Peace at any future period to ivhich the matter may 1)0 adjourned hy any one Justice if tivo should not be present to proceed to hear and determine in a summary manner the matter informed of in the said information and on comdetion of the person informed against it shall be lawful for either of the convicting Justices on non-payment of the penalty and such c;osts as such Justices may award to issue at any time not more than fourteen days from the day

ul sheep ov the overseer or superintendent oi any such proprietor or any sued for and veco- directing the attendance of the party informed against at a time and place to be therein mentioned to appear before any two or more Justices of the Peace to ansiver the charge contained in the said information and if such summons shall be served jiersonally on the person so informed against or shall be left at his last known or usual place of abode a rea­ sonable time (but in no case less than twenty-four hours) before the time therein mentioned for such person’s appearance then upon the appear­ ance of the party so summoned at such time and place as aforesaid or on proof to lie then given

constable to exhibit an information in writing before any one Justice of

the Peace informing of any offence against the provisions of this Act

and on perusal of such information if the same be a valid one such

of

1614	No. 8.	10̂ VIC.	1846.
Scab in Sheep.

of conviction iinder his hand, and seal a warrant of distress returnable on such day as he may think proper to insert therein such return not being more than fourteen days from the day of the date of such Avarrant authorizing any constable to proceed to levy on the goods of

■ the person so convicted if any such can he found for the amount of such penalty and costs together with the sum of five shillings for such distress and the said goods forthwith to seize and carry to the nearest Police Office and the said goods so seized shall be sold at twelve of the clock on the third day after such seizure unless the fidl amount of penalty and costs he sooner paid and the surplus if any shall remain after the payment of such penalty and costs shall be paid to the person so convicted if demanded within three calendar months and if not so demanded shall be paid to the Colonial Treasurer of the said Colony for the general purposes of the Governmemt thereof and if sufficient goods cannot be found before the return-day of the said warrant whereon to le\y for the said penalty and costs it shall be lawful on the same being certified by writing on the hack of such warrant to the convicting Justices or one of them under the hand of the person appointed to exeeute the same for either of the said convicting Justices IbrthAvith hy warrant under his hand and seal to commit the person so convicted to the nearest common gaol to the place where the conviction took place for any period not exceeding fourteen days where the penalty awarded shall not be more than five pounds and not exceeding three calendar months whei*e the penalty

,	awarded shall he of greater amount such term of imprisonment to he computed from the time of arrest only Provided always that no con­ viction shall take place under this Act unless Avithin three calendar months after the commission of the offence complained of.
rower to subpoena	11. And be it enacted That it shall be lawful for any Justice issuiiig cuy summous uuder tMs Act or for anv one of the Justices

to attend and answer. l)etore Avhom the matter of any information may come on to he heard

and determined to issue a subpoma under his hand for the attendance of any person at a time and place to he therein mentioned to appear

̂ and give evidence at the hearing of any such matter and to bring Avith him and produce at such hearing any necessary documents under his

. control that may he specified in such subpoena and every such sub­ poena shall he served hy delivering a copy thereof personally to the person so subpoenaed and shoAving the original at the time of such service Avhich service shall be at a reasonable time and in no case less than twenty-four hours before the time specified therein for the attendance of such Avitness and if any person having h(icn so sub­ poenaed shall not attend at the time and place mentioned in his subpoena Avithout reasonable cause or having attended there shall refuse to be sworn or to affirm or shall refuse to answer any legal question that may be put to him without alleging for such refusal a sufficient excuse to be then allowed by the Justices hearing the case; such person shall for every such offence forfeit and pay any sum not more than twenty pounds to be recovered in the manner and within the time hereinbefore mentioned for the recovery of penalties under this Act.

No penalty in any 12. And be it enacted That no penalty imposed under any of

case to exceed £100.

the provisions of this Act shall in any case exceed the sum of one

hundred pounds.

Appropriation of

fines and forfeitures.

13. And he it enacted That all fines and forfeitures imposed by this Act shall be paid one moiety to Her Majesty Her Heirs and Successors for the public uses of this Territory and in support of the Government thereof and shall he applied in such manner as may from time to time be directed by any Acts of the said Governor and Legis­ lative Council and the other moiety to the use of the informer or

party

1846. 10̂ ̂ VIC. N o. 9. 1615

Customs.

party prosecuting who shall also he entitled to his or her eosts and charges over and above such fines and forfeitures to he ascertained and assessed hy the Justices before whom the case is heard.

14 . And he it enacted That no conviction made under this Act Certiorari taken

shall he removed hy writ of certiorari or otherwise into the Supreme

Court of the said Colony.

15 . And he it enacted That in the interpretation of this Act interpretation,

the words “ public road or way used as a public way” within the boundaries of location shall be construed to mtiaii any road or way used uninterruptedly by the public for not less than six years without any opposition from the proprietor of the land over which such road or Avay passes and without the boundaries of location any road or u ay over which sheep cattle horses or drays have been usually or commonly driven hy the inhabitants of the district or the public generally and the word “ sheep” shall he taken'to include lambs as well as sheep and wherever any word shall he used importing the singular number or the masculine gender only the same shall he understood to include several matters as well as one matter several persons as well as one person and females as well as males unless there be something in tin; context repugnant to such understanding and also that all sheep shall he deemed to be infected Avithin the meaning of this Act Avhicli may ha c been infected as aforesaid or mixed Avith sheep infected as aforesaid at any time a \ ithin six Aveeks previously.