Scab in Sheep Act 1853 No 27a (NSW)

1853.	17° yiG.	No. 27.	2741
Scab in Sheep.

No. XXVII.

An Act for preventing the extension of the Scab in Sheep.

Diseases called the Scab and the Influenza or

Catarrh in Sheep. \2^th October, 1853.]

T T T IIE U E A S it is expedient to amend the LaAvs now in force for rivamUc.

f T preventing the Diseases called Scab and Catarrh in Sheep Be

it therefore enacted hy His Excellency the Governor of New South "Wales hy and with the advice and consent of the Legislative Council thereof as follows :—

1. Erom and after the commencement of this Act an Act of the Ecpeai of lo vic.

Governor and Legislative Council of the Colony of New South Wales passed in the tenth year of the reign of Her Majesty Queen Victoria intituled “ An A ct to consolida te and amend the Laws note in force fo r “ preventing the extension of the Diseases called the Scab and the “ Influenza or Catarrh in Sheep and Ijambs in the Colong o f New “ South JFales ” shall he repealed Provided that nothing herein contained shall he held to revive any Act repealed hy the said Act hereby repealed.

2. Any person who shall turn out keep depasture drive or Diseased siieep not

conduct or permit or suffer to he turned out kept depastured driven or to be kept near a

conducted any sheep infected with the disease called scab or the m-near the boundary

disease called influenza or catarrh within a quarter of a mile of any ^

public road or way used as a public way or within a quarter of a mile of the boundary line of the land upon which such sheep so infected as aforesaid are kept or depastured shall upon conviction forfeit and pay for every such offence any sum not exceeding fifty pounds. Penalty.

3.    I f any person shall knowingly drive conduct permit or suffer Diseased sheep not

to be driven or conducted or shall wilfully abandon or set at large Jnibilfroad'orVay

any sheep infected as aforesaid upon or along any public road.̂ or way <»■ 'mioh land not

used as a public way or upon over or across any land whatever not ownel-s ofdicnn

being in the actual occupation of sbicli person he shall be held guilty offence made a mU-

of a misdemeanor and being convicted thereof shall be liable to be 'i«»‘eanor.

imprisoned for any term not exceeding twelve months and it shall be

lawful for any Justice of the Peace on oath made before him that any

sheep are so driven or conducted or abandoned as aforesaid to issue a

warrant for the apprehension of the person actually driving such sheep

and for the seizure of such sheep or for the seizure of such sheep alone in

the event of their being abandoned and any two Justices of the Peace

may after taking evidence respecting their condition direct them to be

immediately destroyed if such Justices shall then be of opinion that

such sheep are infected as aforesaid.

4. Whenever any sheep kept or depastured upon any land Seabby siu ep to bo

whatever shall be or become infected with the disease called scab tlie owner of such sheep shall within ten days after the commencement of this Act in case any sheep shall then be infected with such disease or if not then infected within ten days after the first ajipcarance of the disease cause all such sheep and all other sheep kept or depastured in the same flock with such infected sheep to be marked and branded with pitch tar or paint with the mark or brand of the letter Z such letter to be not less than three inches in length which mark or brand shall be affixed on the back above the shoulders of such sheep and every such owner shall so long as any of such sheep shall remain or be infected Avith the said disease renew and refresh such mark or brand from time to time so that the same shall be and remain legible and distinct and if the owner of any sheep which shall be or become

infected

2742	No. 27.	17° VIC.	1853.
Scab in Sheep.

Penalty for neglect, infected with the aforesaid disease shall neglect or refuse to mark or brand such sheep with the letter Z as aforesaid or to renew and refresh such mark or brand as aforesaid he shall forfeit and pay for every such offence any sum not less than five pounds nor more than fifty pounds.

Brand to be evidence	5. For the purposcs of this Act all sliecp so branded as aforesaid shall be deemed to be infected with the said disease and such bi ands shall he conclusive evidence against the owner or owners of all sheep so branded that such sheep are so infected.
of infection.
Koticeof.appcnrance	6 .'The owncr of any sheep wliich maybe or become infected as case any sheep shall then he infected or if not then infected within ten days after the first appearance of either of such diseases cause to he delivered to the Clerk of the Bench of th(> Police District in which such infected sheep are kept or depastured a notice in writing signed hy such owner to the effect that the disease called scab or the disease called the influenza or catarrh as the case may he has broken out and appeared amongst the sheep of such owner and such notice shall like­ wise contain the name of the owner of such infected sheep of the station or place where the same are depastured or kept and of the
given*'tô cierks of	aforesaid shall within ten days after the commencement of this Act in
Benches

wbo shall affix copy persou managing or superintending such station or place and every

of notice outside

Police Office. *...... .. such Clerk of the Bench shall cause a true copy of such notice to be affixed in some conspicuous place on tlie outside of the Police Office of such Police District there to remain for one month from the day of the receipt of such notice and the original of such notice shall he kept hy the said Clerk of the Bench in the Police Office for purposes of

Notice to be "iven

also to adjoining	reference and every owner as aforesaid shall likewise cause to be delivered
sheep owners.	within tlie time specified as aforesaid to the owner of sheep kept or depasturing upon any land adjoining that upon Avhich such infected sheep as aforesaid are kept or depastured a written notice to the effect that the diseases aforesaid or either of them have or has appeared

And public notice to amongst sucli slieep and shall affix the like notice in distinct legible UC. <vIU A v i l W i l C i O ^ j j i . 1 * 1 * * 1 J l J _ 1 * i i * I

roads intersect land. Characters not less than one inch in length at each point o f entrance

of any public road which may intersect the land upon which such

Penalty. infected slieep are depastured or kept and any owner of sheep which may he or become infected as aforesaid who shall neglect or refuse to cause such notices as aforesaid or either of them to be delivered as aforesaid or shall neglect omit or refuse to affix such notice in some conspicuous place as aforesaid shall for every such offence forfeit and pay any sum not exceeding fifty pounds.

Suspected sheep may 7. I f it shall appear to ally Justice of the Peace either from

warmnTfrom^a information On oath made before him or any other Justice by any Justice of the Peace, owner of sheep Or hy any constable or upon the view of such Justice

tha t there is reasonable cause to lielieve th a t any infected sheep are turned out kept depastured driven or conducted contrary to the provisions of this Act it shall be lawful for such Justice to issue a Avarrant in the form or to the effect set forth in the Schedule to this Act annexed marked A under his hand to some fit and proper person or persons to he named in such w arrant to authorize him or them to examine such sheep and if necessary to cause the same to bo driven to the nearest pen where the same are ordinarily kept or to some other

Penalty for obstruct- Convenient place for examination and any OAvner of such sheep Avho ing execution of	‘	"	shall refuse to allow such person to enter on any lands of such owner
warrant.
or to alloAV such sheep to he examined or shall refuse or neglect Avhen so required to cause them to be driven to the nearest pen or to some other convenient place for examination shall forfeit and pay for every such offence any sum not less than five pounds nor more than one hundred pounds.

stray sheep may be g_ From and after the commencement of this Act it shall he law-

destroyed if infected. „ , „ , . - ., . r- i

lu l for any person being a sheep owner or the servant of a sheep owner

whose

1853.	17° VIC.	No. -27.	2743
Scab in Sheep.

whose sheep may he running or depasturing upon any lands belonging to the Crown or upon any private land to seize and destroy all such sheep as are infected either with the disease called the scab or Avith the disease called the influenza or catarrh that may be running loose Avithout a shepherd or that shall he found in or approaching to any of his flocks of sheep.

9. It shall not be lawful to remove any sheep which have been justice may errant a

influenza or catarrh from their accustomed run or station un til the inooi tiiat tiiey have

expiration of three months from the time Avhen the said diseases or

either of them shall have entirely disappeared from snch sheep nor

after the expiration of such period of three m onths until the expira­

tion of a further period of three months Avithout a perm it in the form

or to the effect of the Schedule to th is Act annexed marked B Avhich

perm it it shall be laAvful for any Justice of the Peace to grant upon

the oath of the owner of such sheep and of one or more credible

witness or Avitnesses th a t such sheep ha e not been diseased Avithin

three months then next preceding such pin-mit to be; of effect and

remain in force for one Aveek and no longer and if any oAA’ner of sheep Penalty for removing

which have been infected as aforesaid shall remove the same off their all̂ Jsed

accustomed run or station at any time Avithin three months after the permit,

disappearance of any such disease as aforesaid Avith or Avithout a

perm it or Avithin six months of the disappearance of any such infection

infected Avith the disease called the scab or the disease called the offence any sum not less than five pounds nor more than fifty pounds.

10. I f any person shall cast or cause to be cast into any stream Casiing carcasses of or waterhole the carcass of any sheep Avhich at the time of its death ftroanm ol’wltri-** was infected as aforesaid he shall forfeit and pay for every sheep so iioics.

cast as aforesaid any sum not less than one pound nor more than five Penalty,

pounds.

11. If any person shall have in his possession for the jmrpose sianghteiing or

of slaughter for sale or shall slaughter or cause to be slaughtered for î nitcted̂ sheep.’**	'̂
sale any sheep infected as aforesaid or shall expose the carcass or any

part thereof in any public shop stall market or other place he sliall for Penalty,

every such offence forfeit and pay any sum not less than one pound nor

more than tAventy pounds and it shall be lawful for the conAucting Justices may order

Justices to direct that the flesh of all such infected sheep so slaughtered shoquolirSzed

as aforesaid shall be seized condemned and destroyed in such manner imJ destroyed,

as they may think fit.

12. I f any person shall remove or carry aAvav the avooI or skin » X • / I- T i ' P l P M f l f i r T r \

of any slieep infcctt^d as aforesaid otln^rAvise tlian m liags or bales removed e.xccpt in securely packed and scAved up he shall forfeit and pay for every such and7ewê ̂

offence any sum not exceeding fifty pounds. '

13. I f any oAvner of sheep Avithin fifty miles of Avhose run or Owners of sheep may

station any sheep infected Avitli the disease called the scab ^hall be

depasturing shall be desirous of purchasing such infected sheep for the sheep for the purpose

purpose of destroying tlicm it shall bt; laAvful for such person to exhibit	them,
an information in the form or to the effect of the Schedule to this Act
annexed marked C before any Justice of the Peace Avho may issue a summons for the apjiearance of the OAvner of snch infected slittc]) returnable in not less than one month and in the form or to the effect of the Schedule to this Act annexed marke.d I) and on the return day of sucli summons and on proof of the service thereof on the owner of such infected sheep ('ither personally or on some residemt at the station on Avhich such infected sheep shall be running it shall be laAvful for any tAVO Justices of the Peace then sitting at the Court House at Avhich such summons shall have been made returnable to proc(H!d upon the said information as in other cases of summary jurisdiction and after the examination of such Avitnesses as may be produced by both

2 L—A'OL. 4. parties

2744	No. 27.	17*̂ VIO.	1853.
Scab in Sheep.

parties or by one party if the other does not appear and on proof of the facts alleged in such information to order and direct that such infected sheep shall be valued at a certain sum to be then fixed hy such Justices and it shall be lawful for such Justices thereupon to grant their warrant for the seizure and destruction of such sheep in the form or to the effect set forth in the Schedule to this Act annexed marked E which warrant shall he a sufficient authority for the purposes therein named Provided that the amount of such valuation as aforesaid be first paid or tendered to the owner of such infected sheep and provided also that in the event of the owner of such infected sheep declining to accept such amount the bond of three sufficiently responsible persons in four times the amount of such A'aluation he first delivered or tendered to such owner such bond to be in tbc form or to the effect set forth in the Schedule to this Act annexed marked P and to be executed in the presence of and attested by the Justices signing such warrant as aforesaid and provid(;d further that it shall be lawful for the oAvner of such infected sheep notwithstanding such valuation as aforesaid if he shall think his slieep to have been undervalued as afore­ said to sue the person at whose instance such summons shall have been issued as aforesaid for the value of such sheep and to recover the value thereof in the event of their haA'ing been seized and destroyed by virtue of any such warrant as aforesaid and in such action the defendant shall be at liberty to plead such tender as aforesaid and pay the amount thereof into Court Avith such plea in Avdiich case he shall be entitled to a verdict if the plaintiff shall not recover a larger amount than such A-alue so fixed as aforesaid.

Penalty for depas­	14.	If any person shall depasture or cause' or permit to be
turing sheep on

infected runs. depastured any sheep upon any run on Avhich any infected sheep shall ha\'e been destroyed under the last preceding section Avithin six months after such destruction he shall for every such offence forfeit a sum not exceeding one hundred pounds.

to''be information shall be laid or brought under the provi-

expiration of 14 days sions of tliis Act uiiless wfitliiu three calendar months after the com-

from a previous

conviction.	mission of the offence comjilained of nor for any second or subsequent offence until the expiration of fourteen clear days from the date of the previous conviction.
Penalty for obstruc­
tion.	16. In case any person shall wilfully obstruct or impede any person acting under the authority of this Act or of any Avarrant order or direction made or issued in pursuance thereof lie shall forfeit any sum not exceeding one hundred pounds and in default of payment may be imprisoned for any term not exceeding three calendar months unless the amount of such penalty shall haA'c been sooner discharged and such person so offending may if necessary be apprehended and detained in custody by any person acting under the authority of this Act or any other person Avho may be called to his assistance until such offender can be conveniently taken before some Justice of the Peace for the said district who is hereby authorized upon complaint upon oath by any person or persons to taki' cognizance thereof and to act summarily in the premises.
Power to summon	17. I t shall be lawful for any Justice to summon any person to appear before him as a witness in any matter in Avhich such J ustice shall have jurisdiction under this Act at a time and place mentioned in such summons and to administer to him an oath or affirmation and if any person so summoned shall Avitbout reasonable excuse refusi; or neglect to appear at the time and place appointed for that purpose or to produce any documents or appearing shall refuse to be sworn oj' examined on oath or give e\'idence he shall forfeit a sum of not less than ten pounds and not more than one hundred pounds.
witnesses.

1853.	i r VIC.	No. 27.	2745
Scab in Sheep.

18. All penalties and forfeitures incurred under the provisions Penalties may be

of this Act may he sued for and recovered hy any owner or person in pcrsoirin chTrge or

charge of sheep or lainhs or hĵ any constable and shall be paid one constable,

moiety to Her Majesty Her Heirs and Successors for the public ust's

of this Colony and in support of tlie Government thereof and the other

moiety to the use of the informer or party prosecuting who shall he

deemed in all cases a competent and credible witness and no penalty Limitation of

shall in any case exceed the sum of one hundred pounds. amount of penalty.

19. Every proceeding nnder this Act before Justices of the summary jmisdic-

Pcace shall be had and taken in a summary way and no such proceeding

shall he quashed for want of form or removed by writ of certiorari or no certiorari.

othei’wise into the Supreme Court of the said Colony.

20. In the interpretation of this Act the word “ owner” shall mean and include proprietor lessee overseer superintendent and person in possession or charge unless there shall he something in the context repugnant to such construction the word “ sheep” shall include rams ewes wethers and lambs the Avords “ public road” shall be construed to mean any road or way used uninterruptedly by the public for not less than six years without any opposition from the projnietor of the land or over AfEich sheep cattle horses or drays ha e been usually afid commonly driven hy tluj inhabitants of the said Colony and all sheep what may be deemed

or lambs shall be deem(id infected Avithin the meaning of this Act

Avhieh may have been infected as aforesaid or mixed Avith sheep or lambs inf(;cted as aforesaid at any time Avithin three months pre\'iously and all sheep required by this Act to he destroyed shall he entirely consumed hy fire.

21. This Act shall commence and take effect from and after Commencement of

the first day of December Avhich Avill be in the year of our Lord one

thousand eight hundred and fifty-three.

SCHEDULES llEFEER ED TO.

A.

T hese are to authorize you and your assistants at any time within seven days from the date hereof to enter by force if necessary on the lands on which the sheep specified below are now running and to cause them to be driven to the most convenient part or parts of such lands for the purpose of examining them and to thereupon examine them in order to ascertain if they arc diseased.

General closcription of AVbero now running j Name of persou in Name of supposed

sheep.	1	or being.	j	ostensible	possession.	owncr.
I

Dated the day of A.D. 186

in the Colony of New South Wales.

A. B. J.P.

To Mr. and his assistants.

B.

274G	No. 27.	17" VIC.	1863.
Scab in Sheep.

E.

W here .vs it has been proved on oath before me in accordance with the provisions of an Act intituled “ An Act fo r preventing the extension of the'Discases called the Scab and the Influenza or Catarrh in Sheep ” that the sheep and lambs of now depasturing at are not now nor have been for three months affected by any disease I hereby permit the said sheep and lambs to be removed off their accustomed run or station at • This permit is to be in force for one week and no longer.

Dated the day of 185 .

• A. B. J.P.

C.

B e it remembered that on the day of 185

at in the Colony of New South Wales A. B. an owncr

of sheep personally comes before me Esquire one of Her Majesty’s

Justices of the Peace and informs me that C. D. of in the said Colony is the owner of certain sheep to wit [here insert probable number~\ sheep which are now running and depasturing at in the said Colony and within fifty miles of his the said A. B.’s run and which are infected with the scab and that he the said A. B is desirous of purchasing the same for the purpose of destroying them and the said A. B. prays that the said Justice will proceed in the premises according to law.

A. B.

Exhibited at

in the Colony of New South Wales

before me.

E. F. J.P.

D.

To Cr. H. Chief [o)’ any other"] Constable for the District of

and to his assistants.

You are hereby commanded to summon C D. of	to
appear before the Justices assembled in Petty Sessions at	on

the day of AD. 185 at the hour

of of the clock in the noon to shew cause why his sheep running

at should not be valued for the purpose of being destroyed at the instance of X. B. who has exhibited an information stating such sheep to be infected Avith scab and his desire to purchase them for the purpose of destroying them.

Given under my hand at in the Colony

of New South Wales this day

of A.D. 185 .

E . F. J .P .

E.

W here .vs on the information of A. B. we the undersigned Justices have v’alued the infected sheep specified below at the sum of Now these arc to authorize you and your assistants at any time within seven days from the date hereof to enter by force if necessary on the lands on which the sheep specified below are running or being and to kill destroy and burn them and every part of them.

Description of sheep Kame of person in

Number. 'Where being. ostensible possession Supposed owner.

to he destroyed. or charge.

E w e s ........................

Lam bs........................

I t a m s ........................

Gh'eu under our hands and seals at

in the Colony of New South Wales this

day of A.D. 185 .

J . K. J.P.

To Mr. L. M. J.P.

and his assistants.

1853. 17° VIO. No. 28. 2747

Sydney University.

F.

K now all men by these presents That we A. B. of in the Colony of New

South Wales sheepowncr [o;- otherwise as the case mat/ hc\ C. D. of

in the Colony aforesaid \_addition as before'] and E. F. of in the

Colony aforesaid [addition as before] are held and firml}’ bound to G. II. of

in the Colony aforesaid [addition as before] his certain Attorney Executor.s Administrators and Assigns in the sum of [Jicrc insert eiffht times the amount of valuation] of lawful money of Great Britain to be paid to the said G. II. his certain Attorney E.xccutors Administrators and Assigns to which payment to bo well and truly to bo made W(! bind our.sclvcs and each of us and each of our Heirs E.xecutors and Administrators lirmly by these presents Sealed

with our seals and dated this day of

A.D. 185 .

W hereas on the information of the above-named A. B. [or i f the parfj/ informing and purchasing should not be a party to the bond of 0 . P. of ] J. K. and L. M.

two of Her Majesty’s Justices of the Peace on the day of

instant [or last] valued certain infected sheep of the above-named G. II. at the sum of [insert amount e f valuation] and whereas the said J. K. and L. JI. thereupon granted their warrant for the seizure and destruction of the said sheep and whereas the said G. If. is not sati.sficd with such valuation and has refused to accept the amount thereof Now the condition of this obligation is such that if the said G. H. do bring an action in the Supreme Court of Now Sontli Wales against the said A. B. for 0 . P. as the case may be] and the .said A. B [or 0. P .] do pay to the said G. II. the full amount of any damages and costs which may be recovered in .any such action not exceeding four times the amount of such valuation as aforesaid then this obligation to be void otherwise to be and remain in full force and virtue.

A. B.	( l . s . )
C. 1).	( l .s .)
E. F.	(n.s.)

Signed .sc.alcd .and delivered in the ^

presence of j

J. K. J.P. L. M. J.P.