Scab in Sheep Act 1852 (SA)

No. 21.

J

-I AS the Laws at present in force within this Province Prcnmble.

iu sheep luve been fbnnd il1efcct1d for thc pu~*poses contemplated W"""" fur preventing the exteizsion of the disease called the scab

by the Loo-islature, xuci it is ilecessary to inalie new provisiolls iu

that bel&:

Be it therefore Enactecl, by the Lieutenant-Governor of south Rcpenl of 7 & 8 Vie.,

Australia, with the advice and consent of the Le$slative Council,	No. 3, and 1846, No.
thrucof, That fro111 and after the first day of January, one
thousarrd eight huntlred and fifty-three, an Act or Ordinance
of the Governor, with the atlvicc and consent aforesaid, passed
on the twenty-first day of February, ono thousand eight
hundred and forty-four, entitled " An Ordinance to prevent thc extension of the scab in sheep in South Australia," and also an Ordinancc of the Goveriior a d council aforesaid, passed on the tmeutietll day of Angust, one thousand eight hundred and fbrty-six, entitled To amcn'd an Ordinance to prevent the extension of the scab in sheep in South Atrstralia," shall be and tlle same are hereby repealed (except as the said Ordinances rtlpcnl thc the11 existing Acts or Ordinances of the Governor and Couilcil aforesaid), and the present Act s l d commence arid take eff'ect.

2. And be it Enacted, That it shall be lawful for the J,ieutennnt- Governor to appoint

Governor from time to time to appoint one or more Inspectors of Inspector,

sheep within this Province, or fiuch parts thereof' as to him sl~a11

seem fit, by R, notice to be published in the Government G'crzefte;

and every person who sllall be so appointed s l d l have full poww

and authority to inspect any sheep within this l'rtswxce, or such

part thereof for which he sha.11 be appointed, at any time, and

whether such sheep are depasturilg ou private lands, or within the

p2 several

several hundreds into which this Province is now or may hereafter be divided, or upon the waste lands belonging to the Crown, or upon lands held under leases from the Crown or otherwise, and shall have, exercise, and discharge the several powers, authorities,

duties within this Province (or such part thereof for which he be appointed) hereinafter mentioned; and provided and i person shall refuse to allow the Inspector to enter upon his pasturage

or premises, or to examine any sheep belonging to him, or in his or tlteir care or po~session, or sllall attempt to impede or hinder the Inspector from examining such sheep, every such person shall on conviction forfeit and pay the sum of Fifty Pounds.

Scabby sheep to be	3. And be it Enacted, T11at all sheep within this Province infected with the said disease called "the scab," shall be legibly marked with pitch upon the rump with the initial letters of the first name and surname of the owner, mid also with the letter S, such last ruentioncd letter to be at least thi.ce inches in length; and that such sheep, so long as they s l d continue so infect)ed, shall at a11 times be kept so legibly marked as aforesaid; and that every person who sha,U neglect to mark his sheep if infected with the said disease, or to keep
branded.
the same so marked as aforesaid, shall, upon conviction, forfeit and
pay the sum of Fifty Pounds. W

4. And be it Enacted, That for all the purposes of this Act, sll

t	sheep so branded as aforesaid shall be dccmed to be infected with the said disease, and such brands shall be conclusive evidence against the owner or owners of a11 shcep so branded that such sheep
are so infected.

5, And be it Enacted, That if any sheep infected with scab, or

mep

in any offered market for if in-

fected with scab to be any flock or number of sheep amongst which some are so infected, destroyed. shall be offered for sale inaauy mcrket in this Province, or shall

be driven to any place within this Province for the purpose of slaughtering the same for food, the Inspector shall have power, and he is licrcby authorized and required upon receiving infornl a t' lon	thereof, to repair without delay to such market or other place and	to examine such sheep, and if he shall find that such shcep, or any
of thcnl, are infected witell the said disease, to seize aud cause as we11 the said sheep which are so infected, as tlle remainder of the

Sheep seized by the flock to be destroy'ed: Provided always, that if the owner of such

Inspector may be re- sheep or some person on his behalf, shall, a t the time of such seizure plevied, give notice to the inspector under whose authority such seizure

shall be made of his intention to replevy the said sheep so seized in

manner hereinafkr provided, then the inspector sllall rctnin posses- aion of such sheep for the period of three days from thc day of such seizure, at the expiration of which period the same ?=hall bc destroyed unless replevied by the owner thereof, or some pcrson on his behalf.

No wabb~ &P to 6. And bc it Enacted, That if any erson being the owner of

be removed from their

sheep infected with the said disease, ca fi ed the scab, shall cause,"

~ U X I.

or permit, or suffer any ~ h e e p so infected to be &ven or removed.

from the land oceupied by such owner to any other land, the In-

s p ~ a E

spector shall, and he is hereby empowered to cause such sheep to

be destroyed, unless the same shall be replevied as herein LJ-~L .; -1

-+R* + F L ~: ~ * /; z d i L r L

rided: Provided always, that until the first day o Marc, ondhousand eight hurldred and fifty-four, any person being the owner ,of sheep, infected as aforesaid, may, upon application to the nearest Local Court, establislied under the provisions of an Act of the Lieutenant-Governor and Council aforesaid, passed in :;2:tforboding

the year one thousand eight hundred and fifty, and numbered 5-

all which Courts are hereby empowered to grant the same, obtain

an order allowing the removal of any infected sheep from the lard

occupied by the owner of such sheep to any slaughter-house esta-

blished for the killing and boiling down of slrecp for tlie purpose of

extractiixg the tallow fi-om the carcases thereof', such slaughter-

house to be named in the order, and the sheep to be removed by a

route to bc described thercin, or as near thereto as practicable:

Provided also, tlint every lessee of Crown lands, and every person	,
duly authorized to occupy the waste lauds of the Crown fbr the purpose of depasturing thbcon, shall be, and is hereby empowered to examine any sheep which shall be driven though, over, or found upon any part of the lands occupied by such lessee or other

1 person, unless the person having the crharge of such sheep shall produce such order as aforesaid, and it sl~all appear that such slieep are travdling for tlie purpose last afok&id, and in the route described in the said order, and if' such sheep or any of them shall upon such exatnirration be found to be infected with the said disease, then it shall be lawful for such lessee, or other pc3rson as aforesaid, to detain

and keep posspssion as well ofthe sheep so infected as of the whole flock in which such infected slieep are fourid, until the Inspector shall

examine such sheep mid decide ~d1ethc.r or not the same or any of them are infected as aforesaid, and the owner or person in chnrqe of such sheep sliall give notice of such detention to the Inspector,'who is hereby required to rcpair without delay to the place where such sheep are detained, and to examine the same and ascertain wlietller or not such sheep are infected ~ i t h the said disease: and if, upon

guch exa~nination, t'he said sheep or any of them shdl be found by

the Inspector to be diseased, then the Ii~spector is hereby empowered

and required to cause the whole flock to be destroyed: Provided also, that if, upon examination by the Inspector, tLe sheep so de- tained as aforesaid, shall be found not to be infected with the said disease, then tlie person or personddetnining the same shall forfeit and pay the sum of One Hunclred Pounds: Aud provided also, that the owner of any sheep driven through, over, or found upon any part of the lands lawidly occupicd by any other person shall forfeit md pay the sum of One Hundred Pounds, ia case the person or persons having charge of or driving such sheep shall reft~se to permit the same to be egamined or detained in rnanncr aforesaid: And provided also, that any sheep detained as hereinafter men- tioned may be replevied as hereinbefore provided.

7. And be it Ena.ckd, That it shall be lawful for the Inspector scabby sheep to be destroyed twelve

at any time and f'rom time to time, after the first day of March, afier the

one thousand eight hundred and fifty-four, to enter upon any ~ ~; ~; ~ ~ ~ $; & County of Adelaide.

land within this Province, whether held in fee simple or otherwise, and t o seize and retain possession of all sheep there found infected with the the said disease, and to cause the same to be destroyed unless replevied under the provisions of this Act.

8. And be it Emcted, That from and after the passiilg of tellis

Act, it shall be lawful for any person being a shcepowner, or the servant of a sheepowner, whose sliecp may Fe ruiznii~g or dc- pasturing in an1 hundred, or upon any waste or common lands of the Crown in such hundreds, or upon private land, to seizc and destroy all such sheep as arc infected with the disease called. the scab, that may be running loose without a slqrllerd, or that shall be

found in, or approachil~g near to auy of l& floclrs of sheep.

9. And be it Enacted, That from and after the first day of Sep- tember, one thousand eight l~undred and fifty-three, it shall not be lawful for ally person to depasture sheep infected with the said disease upon any waste lands of the Crown situate witliiu any of thc hundreds into wliich tllis I'rovince, or any pnrt tl~ereof, is now, or may hereafter be divided, by virtue of any r i ~ h t of conmlonayc, or

any right acquired in respect of the occupntlon of purchased liind:

And that it shall be lawful for any person depasturing sbeep upon such waste lands as last aforesaid, to detain and keep possession of any slieep infected with the said disease found upon such waste lands within any hundred, together with the flock in which such sheep are found, until the inspector sl~all examine s~zcl~ sheep, and decide whether or not the same, or any of them are infected as aforesaid, aiid the inspector shall, and is hereby required upon receiving notice of such detention from the person detaining such sheep, or the owner or person in charge of the samc, to repair withont delay to the place where such sheep are detained, and to exami~ie the same, and if upon such examination the said sheep or any of them shall

be found by the inspector to be diseased, then the illspector is hereby

empowered and required to cause the sheep so ini'ected to be des- troyed: Provided always, that such sheep may be replevied as -"

--

- hereinbeforFpmeci. ' d

sheep aeized by the	10. And be it Enacted, That if any person whose sheep shall be
lnepertor may be

replevied.

seized by the Inspector or detained by any other person under this

m r any other p e r s o ~ l ~ o f the owner of sucll sheep, dlnll

upoil suct seizure, give notice to the Inspector or otl~er'~,erson

detaining the same of his ii~tention to replcvy tllc same, and shall

tllereupon euter illto a recognizance with two sufficielit sureties

before any Justice of the hate (who is lZE6yautl'f.dfized to takc

the same) in thc form set forth in the Schedule llereto marked A,

with condition to commence and prosecute a, suit wit)lou_t delay

against the Inspector making such seizure or other detilInlli'g

the said sheep, in the nearest Local Court of full jurisdiction,

established under the provisions of the said Act of the G overnor and Council aforesaid, passed in the year one thousand eight hundred and fifty-numbered 5, and to abide by aucl perform the judgment of

the

the said Court; it shall be lawful for the said Justice before whom

the lnspP'Etor or such other person i s aforesaid wllo shall hav:

made such seizure $0 liberate the sheep seized by him and deliver

them to the person claiming the same; and thereupon such

such recognizance shall be entered into. to issue an order. directing same i11 like maimer as if the same llad been replevied in the ordinary vray: Provided always, that no Inspector or other person as aforesaid, shall be hound to liberate any sheep seized by him under the provisions of this Act, ulzless such order as iforesaid or a copy thereof, &all Fe personally served npoii the Inspector or other person making the seizure, or the person or persons in actual possession of the sald sheep, within seven days after the seizure

thereof.

11. And be it Enacted, That such recognizance as nforesaid, when	Court to bear and de-
termine, and make

entered into, shall without delav be forwarded by the Justice taking orders for damages

the same, to the Clerk of the ~ G c a l Court mentioned in the condition and costs.

of such recognizance; and that upon hearing the parties, and upon exanhiation of thc merits of the case, it shall be lawful for the said Court to make such orders as to damaces and costs. to be mid bv

either party; and as to the detention G. deliverv of the she&: a d L '

as to $e d&mctial thereof, in case the same h a l l appear to the

said Court to be liable to dest,ruction uuder-tIre-pmr6~o~s of this

Act; -6e recovering and Icvying of such damages and costs, the said Court shall have the sarrle powers as in tlle case of an ordinary action for recovery of a money demand in the said Court: Provided always, that if it sl~sll appear to the said Court, upon hearing the parties, and upon examination of' the merits of the case, that the plaintiff is entitled to a verdict, and has sustained damages to an amotmt exceeding the sum of Thirty Pounds, then it shall be lawful for the said Court, at the request of the plaintiff, to direct the recognizance entered into by the plaintiff to be cancelled, and a verdict fbr nominal damages to be enterad for the plaintiff; and the plaintiff in such action shall be at lihcrty to commence and prosecute

an action, for the recovery of damages against the person or persons so seizing or detaining such sheep, in the Supreme Court; and

provided also, that if the person rrplcvying any slicrp in nianner

aforesaid shall fail to peforrn the condition of tlra said reeoguiemce, then it shall be lawful for thc Court nanied in the said condition, upon the application of any person, and upon due proof of such default, to estreat the said rccogniwnce, and to issue a warrant to the bailie of the said Court authorizing. the said bailiff to levy the sum of One Huadrcd Pounds and costs, upon the goods and chattels of the persons malcing such recognizance, or any of them, in like manner as for judgment recovered in the ordinary way in the said Court.

12. And be it Enacted, that erery owner of sheep within this Owners of sheep $0 deliver correct ac-

Province, and the person having the care and management of sheep	infDEtd
depasturing within tllis Province, where the owner of such sheep is sheep.

Q J about

absent tlierefrom, shall from time to time, and at any tinie when thereunto required, by a notice in writing to be persomlly delivered to such owner or other person as aforesaid, deliver to the Inspectoy a correct account of all sheep infected with scab in his possession or custod, wit11 the marks or brands of such sheep, and the desrrip-

tion o P their age and sex, and where they may be depasturing;	and if any owner or other person as aforesaid shell neglect to
deliver sulh account on being t l m x u ~ t o required, he shall forfeit
and pay for every offence the sum of Twenty Pounds.

llltcrp~tation cia~sc. 13. And be it E~~acted, that in tliia Act cvcry word importing the

singular number shall include the plural numher also, and every word importing the inasculinc gcndcr shall include the feminine nlso, that thc word sheep s l d l include rams, W-ethers? cwcs aid l:~mbs, that the Ins~,ector slinll nlenn the I~ispcctow appomted under this Act fbr the particular part (if any) of the Province to which his duties are confined.

JOHN MORPIIETT, Speaker.

Passed the Legislatiue Co7~ncil this thirtieth day

rf nTo7:amber, one thousand eiykt hundred 3

ar~d$Jtytwo. J

F. C. SINGLETON,

Clerk of the Legislative Council.

In the l i m e and on the behalf of Hcr Majcsty I nsseut to this Act.

H. E. F. YOUNG,

Lieutenant-Governor,

Government House, Adela'ide,

December 2, 1852.

SCHEDULE REFERRED TO.

South Australia. Be it remcmhercd that on the day of in

to wit. 1 the year of the reign of our Sovereign Lady Queen Victoria,

of in the Province of South Australia, of

in the Province aforesaid, and of in the

Province aforesaid, personally came before me, Esquire, one of Her Majesty's Justices of the Peace in and for the said Province, and acknowledged themselvev jointly and severally to owe to our Sovereign Lady the Queen the sum of

One Hnndred Pounds of lawful British money, to be made and levied of their

respective goods and chattels, to the use of Her Majesty, Her heirs and successors, if

the.said ' shall fail in the condition hereunder written.

The condition of the above recognizance is such, that if the said shall

within one calendar month from the date hereof, commcncc a suit against

of in the Local Court of full jurisdiction established under the

Ordinancc passed in the year one thousand eight hundred t~nd fifty, No. 5, and to be

holden at for the seizing and unjustly detaining certain shccp, the property

of and shall duly prosecute the same with effect and without delay, and

make a return of thc said sheep, if a return thereof shall be adjudged, or otherwise abide by and perform the judgment or award of the said Court; then this present recognizance shall be void and of none effect, or else shdl be and remain in full force and virtue.

Taken and ackno~vlcdgcd at before me

Justice of the Peace.

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ADELAIDE: Printcd by authority by W. C. COX, Government Printer, Victoria-square.