Scab in Sheep Act 1855 No 27a (NSW)

2964	N o. 27.	19'’ VIC.	1855.
Scab in Sheep.

No. XXVII.

Scab IN Sheep , to provido foi tliG destructioii of Sheep

infected with the Scab.	[22nd November,
1855.]

Preamble. TTTH EREA S it is expedient to repeal the Scab in Sheep Act of 1854

and to substitute otlier provisions in lieu thereof Be it there­ fore enacted by His Excellency the Governor of New South Wales by and with the advice and consent of the Legislative Council thereof as follows:—

T V

18 Vic. No. 26 re­	I. Eroni and after the passing of this Act the Act of the Governor and Legislative Council of New South Wales passed in the eighteenth year of the reign of Her Majesty Queen Victoria and intituled “ An Aet to p>>'ovide fo r the destruction o f Sheep infected with the Scab and to amend the Scab and Catarrh Act o f 1853 ” shall be and is hereby repealed provided tbat such repeal shall not revive any Act or part of an Act already ppealed by the Act hereby repealed And provided also that such repeal shall not prejudice; or affect any rights or liabilities acquired or incurred nor any proceedings instituted under the said Act and that all orders and convictions made and all assessments made or of right payable and all fines or penalties imposed or incurred or so much thereof respectively as shall not have been levied and paid before the passing of this Act shall be enforced levied recovered and proceeded for under the provisions of this Act.
pealed.
Sheep infected to be	2. All sliecp infcctcd with the disease called tl)e scab shall he destroyed witliin fourteen days after tlie owner or person in charge thereof shall liave become aware that such sheep have becomt; so infected and the owner of such sheep shall forfeit and pay a penalty not t.'xceeding the sum of two shillings and sixpence for each of such slieep that shall not be destroyed within such jjeriod of fourteen days Provided always that no person shall be entitled to the compensation hereinafter
fourtefn days!"'"
Notice of intention	Specified for sliecp destroyed by virtue of this section unless three days
be left at̂ adjacent”	least before such slieep shall be destroyed a notice in writing shall have been left at each of the adjoining runs or stations at the residence of the owner superintendent or other person in charge thereof stating the day hour and place at which it is intended to destroy such sheep as Avell as the number intended to be destroyed nor unless he shall prove by evidence on oath to the satisfaction of the Justices em­ powered to give the certificate hereinafter mentioned authorizing the payment of compensation for sheep destroyed that he has in all respects complied with the provisions of this Act.

Persons destroying 3. I t shall be lawful for any pcrson who shall liave destroyed

S g “s”ecL'n 1-inder the last preceding'section of this Act to go at any

have compensation, time witliiu ouG moutli thereafter before any two or more Justices of

the Peace assembled at the nearest Court of Petty Sessions to the place where such sheep shall have been destroyed and to apply to such Justices to inquire into the destruction of such sheep and such Justices shall either then or at such future period as they may appoint not later than one week from the time of such application proceed to make such inquiry in open Court and to examine on oath all persons who may come before them to give evidence touching the giving of the notices hereinbefore mentioned and the infection and destruction of such sheep and the compliance of the person so applying to them in all respects with the provisions of this Act And if such Justices or any two of them shall be satisfied after hearing such evidence that such notices have been given and that any such infected sheep as afore­

said

1855.	19*̂ VIC.	N o.	27.	2965
Scab in Sheep.

said have been destroyed pursuant to tlie last preceding section of this Aet and that all provisions hereof have been complied with they shall thereupon sign and deliver to the person making the said application a certificate in the form or to the effect set forth in tire Schedule to this Act annexed marked A specifying the number of sheep so destroyed and on the presentation of such certificate to the Colonial Treasurer of the Colony of New South Wales at his office in the City of Sydney there shall be paid by the said Treasurer und(;r the warrant of the Governor out of the funds to he placed in his hands as here­ inafter mentioned to the ownei- of such sheep the sum of four shillings for every licad of sheep so destroyed Provided that no payment shall be made for lambs under the a^e of six months. O •

4. If it shall appear to any Justice of the Peace either from warrant to be issued

information on oath made htifore him or any other Justice or itpon the suppoJea°to belu

view of such Justice that tiiere is i-easonahle cause to believe that any tocted.

sheep infected with the disease called the scab are kept upon any run

*

01' other ])lace whatsoever in the said Colony contrary to tlie pro­ visions of this Act it shall he lawful for such J ustice to issue a Avarrant in the form or to the effect set forth in the Schc'dule to this Act annexed marked B undc'r his hand directed to some fit and proper person or persons to he named in such Avarrant and authorizing him or them to examine such sheep and if necessary to cause the same to he driven to the nearest pen where they are ordinarily kept or to some other convenient place for examination and any OAvner of such sheep who sliall refuse to alloAV such person to enter on any lands of such oAA’ner or to ailoAV such sheep to be examined or who shall refuse or neglect Avhen so required to cause them to he driven to the nearest pen or to some other convenient place for examination shall forfeit and pay for every such offence any sum not exceeding tAventy pounds.

5. It shall he laAA’ful for any tAvo or more Justices of the Peace Proceedings to be

sitting in the Court of Petty Sessions nearest to the place at which certifieTô 7xamTn̂ -

such sheep shall have been examined as aforesaid on receiving from	'•e infected,
the person or persons so appointed to examine such sheep as aforesaid
a certificate under his or their hands in the form or to the effect set
forth in the Schedule; to this Act annexed markc'd C indorsed on the
said Avarrant stating that such sheep are infected as aforesaid to cause
a copy of such certificate and warrant certified under their hands and
and Avith a memorandum indorsed thereon stating that unless such
certificate he disputed Avithin fourteen days the said sheep will be
destroyed to be served on the OAvner of the sheep specified therein by
leaving the same either at his residence or tin; residence of his super­

intendent or of the overseer in charge of the said sheep and if Avithin

•

fourte(;n days after the delivery of such notice no objection be made as is hereinafter provided to the correctness of such certificate it shall be hiAvful for the said Justices or any two of them or any other tAvo or moi’c Justices sitting in such Court of Petty Sessions as afore­ said to issue a Avarrant under their hands directed to the person or persons signing such certificate and authorizing them forthwith to destroy such she(;p so infected as aforesaid which warrant shall be in the form or to the effect set forth in the Schedule to this Act annexed marked D and any person who shall resist or attempt to resist the execution of any such warrant shall forfeit and pay any sum not exceeding fifty pounds Provided always that if any owner on Avhom any such copy certificate and Avarrant as aforesaid shall have been served shall Avithin fourteen days after such service serve on the Justices certifying such copy a notice in Avriting stating that he dis­ putes the correctness of such ceidifieate it shall be lawful for the said Justices to appoint a time to inquire into the correctness of such certificate such inquiry to be held in open Court at such Court of

Petty

2966	N o.	27.	19° V IC .	1855.
Scab in Sheep.

Petty Sessions as aforesaid and at sucli time or any other time to which the inquiry may he from time to time adjourned it shall he lawful for the said Justices or any other two or more Justices of the Peace to examine on oath all witnesses that may he adduced and to compel the attendance of all necessary witnesses hy summons as in other cases of summary jurisdiction and in the event of such Justices after makin"^ such inquiry heing of opinion that such certificate is incorrect and that such sheep are not infected as alleged therein they sliall sign and deliver to the owner of such sheep a certificate to that effect hut in the event of their being of opinion that such certificate is correct they shall thereupon issue such warrant and proceed in such manner in all respects as they are hereinbefore authorized to do in eases where no such notice as aforesaid disputing the correctness of such certificate as aforesaid shall he served upon them within the time lu'reinbefore limited for that purpose.

Justices to i;ive ce; -

tificate of tlie cost of	0. On the destruction of such infected sheep as aforesaid pur­ suant to such warrant as aforesaid it shall he lawful for the Justices granting the same or any two of them to ascertain and fix in open Court at such Court of Petty Sessions as aforesaid the remuneration
destroyirij^ slice]).
TO he paid to the pci'son or persons so destroying sheep as aforesaid hy
virtue of such warrant and to give to some one of such persons (if more than one) and if only one then to that one a cei'tificate in the form or to tlie effect set forth in the Schedule to this Act annexed marked E and on the presentation of such certificate to the said Colonial Tri'asurer at his said office the amount sjiecified therein shall be paid by the said Ti'casurer to the hearer thereof out of the said funds to he placed in his hands as hereinafter mentioned Provided that before granting any such certificate the said Justices shall be satisfied hy evidence on oath which they are hereby empowered to administer of the destruction of such .sheep and of the cost incurred in their destruction.
No compensation to
be given for sheep	7. The owner of any infected sheep destroyed hy virtue of any before imposed for not destroying infected sheep shall not he entitled to receive any compensation Avhatever for such sheep so destroyed hy virtue of such warrant as aforesaid nor shall any such compensation he paid in respect of any sheep destroyed other than such as shall have been destroyed in the manner required by the second section of this Aet and the destruction of which shall he duly certified as hereinbefore provided by the fourth section of this Act.
compulsorily ile-	such warrant as aforesaid besides being liable to the penalties herein­
stroyecl.
perjury.
False oath made	8. If any person shall Avilfully make any false answer in any examination on oath under this Act he shall be deemed guilty of perjury and on conviction shall be imprisoned with or without hard labor for any period not exceeding seven years.
False report m-ide
misdemeanor.	9. If any person appointed by any Justice as aforesaid to examine sheiTp as hereinbefore mentioned shall wilfully make any false report or deliver a false certificate to two or more Justices as aforesaid respecting such sheep he shall be deemed guilty of a misdemeanor and on conviction shall he imprisoned for any period not exceeding two years with or without hard labor.
municating scab
Person wilfully com­	10. If any person shall wilfully communicate or cause to be communicated to any sheep the disease called the scab he shall be deemed guilty of a misdemeanor and on conviction shall he imprisoned for any period not exceeding two years with or without hard labor.
guilty of a misde-
Notice to be affixed
to run of scab baving	11. The owiK'r of any sheep which shall become infected as aforesaid shall immediately on such infection becoming known affix at each point of tlie entrance of any public road which may intersect the land upon which sueli infected sheep are depastured or kept a notice signed by him and written in distinct legible characters not less than mre inch in length and stating that the disease called the scab
broken out.

has

1855.	19° VIC.	No. 27.	2967
Scab in Sheep.

lias broken out upon the said run and such notice or notices shall lie dated on the day on which they shall ho so affixed as aforesaid and shall ho kept so affixed for the period of six months after the destruc­ tion of the sheep so infected as aforesaid and within two days after the destruction of such sheep such oavium* shall destroy hy fire all hurdles and yards that sliall have hi'en usedhy sueh sheep so destroyed and any OAimer of sheep which shall become inlected as aforesaid Avho shall neglect or refuse to cause such notices to he so affixed and ke]it as aforesaid or to destroy such hurdles and yards as aforesaid shall forfeit and pay a penalty not exceeding fifty pounds.

12. If any person shall depasture or cause or jiermit to he Penjvity for depas-

depastured any sheep upon any run on which any infected sheep shall

have been destroyed under this A(*t within six months after such destruction he shall for such offence forfeit a sum not exci'ediiig one hundred pounds and the further penalty of ten pounds for every day that such sheep shall he so depastured on such run after the first offence.

13. All sheep that shall he driven or carried along or over any Travelling sheep to

place other than the run in which the same shall he ordinarily kept

and depastured shall he legibly branded with the initial of the sur­ name of the OAvner thereof in pitch tar or paint and in letters not less than three inches in length and every owner of sheep Avhicli shall he so driven or carried as aforesaid Avithout being at the time of such driving or carrying so branded as aforesaid shall for each and every one of such sheep forfeit and pay a ])onalty not exceeding tAvo shillings Provided that nothing in this section shall apply to or affect sheep driven from one run of the OAvner thereof to any other run of such owner not being more than forty miles apart.

14. The person in charge of any sheep which shall be imported imported sheep to

into any seaport in the Colony of X cav South Wales either coastvvise atefyCintpeSw ̂

or from parts beyond the seas shall report the fact of such importation and not to he removed A » T u i t l i r v i i t ' I l i a

• 1* 1 1 o t J l • • l i J_1 T A A Wl t l lOULIl lUCClH

he appointed under this Act at or neart'st to such seaport and shall

not remove such sheep from such seaport until they shall have been

first shorn and then dressed Avith such medicaments as shall he

directed or approved hy such Inspector at least three times at intervals

of two days nor until a certificate to that effect and also to the effect

that such sheep are not infected Avith the disease called the scab shall

have been delivered to the person so in charge as aforesaid by such

in writing as soon as practicable alter tbeir arrival to the inspector to iicate. sary inquiry and examination and to grant such certificate in all cases where such certificate shall he in accordance Avith the facts and every person Avho shall remoA'c or cause; to he removed any sheep so imported as aforesaid Avithout having first obtained such certificate as aforesaid shall for every sheep so removed forfeit and ]iay a penalty not exceeding tAventy pounds.

15. No sheep shall he brought across the boundary line into the simep not to be

Colony of N cav South Wales from the Colony of Victoria until the

OAvner or ptirson in (ihargc thereof shall liaAu; first procured from somt; tmia until certificate

Inspector appointed under this Act a certificate stating that such

sheep are not infected Avith the disease called the scab and it shall hi'	'
the duty of the Inspeetor at or nt'arest to the place at whieh it is
intended that any sheep shall be brought across the said boundary line to examine such sheep and give sucli certificate in all cases Avhere
such certificate shall he in accordanee Avith the facts and every pf'rson
A A d io shall bring or cause to he brought across the said boundary line
into the Colony of N cav South AA'ales from the Colony of Vietoria any sheep without having obtained such certificate as last aforesaid shall for every sheep so brought forfeit and pay a penalty not exceeding live shillings.

3 Q— VOL. 4 . IG .

2968	N o. 27.	19° VIO.	1855.
Scab in Sheep.
Shepherds travelling

with sheep to give	16. Every shepherd or other person in charge of sheep which daries of location other than the run on which the same shall he ordi­ narily kept and depastured .shall give oral or written notice of the approach of the said sheep to the owner or person in charge of every run beyond such boundaries of location through which it may be intended that they shall pass at least twelve hours before such slieep are expected to arrive at the boundary of the said run unless there shall h(5 a fenced line of road through or alongside such run and in default of giving such notice as aforesaid every such shepherd or other person so in charge of sheep as aforesaid shall forfeit and pay for every such offence a jienalty not exceeding five pounds.
notice of their	shall he driven or carried along or over any place beyond the boun­
approach to owners
of runs.
Inspectors to be	17. I t shall he lawful for the Governor to appoint some fit and proper person or persons in such seaports towns districts or other places as he may think expedient to he Inspectors for the purpose of examining sheep and assisting generally in carrying the provisions of this Act into effect and such Inspector or Inspectors shall he paid out of the said fund hereafter mentioned such reasonable salary or remu­ neration as the said Governor may direct.
appointed.
Inspectors to enter
upon suspected runs	18. I t shall be lawful for any such Inspector if he shall have reasonable grounds to suspect that any sheep are kept contrary to the provisions of this Act to enter upon any run for the purpose of examining and to examine the sheep that shall be depastured thereon Provided that such Inspector shall have first left a notice in writing at the residence of the owner or person in charge of such run at least twenty-four hours before such entry statmg his intention to so enter and examine and in the event of such Inspector finding on such run any sheep infected with tlie disease called the scab it shall he his duty without d(day to depose to the same on oath before the nearest Justice of the Peace who may thereupon proceed in the matter as is directed in the fifth section of this Act and if the owner or person in charge of any such run or any other person shall drive away any sheep so that they cannot lie viewed hy such Inspector or shall in any way obstruct such Inspector in the discharge of his duty every such owner person in charge or other person shall for every such offence forfeit and pay a penalty not exceeding twenty pounds.
and examine sheep.
Inspector may stop
and examine travel­	19. I t shall be lawful for any such Inspector either within or without the seaport town district or place for which he shall have been appointed to stop and examine all travelliug sheep and in case he shall find any such sheep to he infected with the disease called the scab to detain such sheep on the spot or in his discretion to cause their immediate removal to some more appropriate place in the vicinity where they can he conveniently kept until they can be destroyed as provided by the the third section of the Scab and Catarrh Act of 1853 or by any other Act that now is or hereafter may he in force authorizing and directing the destruction of such sheep and if any shepherd or person in charge of travelling sheep shall refuse to allow any such sheep to be examined hy any such Inspector or shall in any way obstruct such Inspector in the discharge of his duty he shall for every such offence forfeit and pay a penalty not exceeding five pounds and if any such shepherd or other person so in charge as aforesaid shall remove or attempt to remove any sheep detained hy any such Inspector for the purpose of being destroyed he shall he deemed guilty of a misdemeanor and on conviction thereof shall he imprisoned for any period not exceeding on(> year with or ivithout hard labor.
ling sheep.
Inspector liable
penalty for discharge	20. If any such Inspector as aforesaid shall refuse or wilfully neglect or unreasonably delay to perform any of the duties hereby imposed upon him or which he may be appointed to discharge under this Act or shall he guilty of any misconduct in the performance thereof
of duty.

or

1855.	19« VIO.	N o. 27.	2969
Scab in Sheep.

or shall wilfully abuse the powers and authority hereby intrusted to him he shall forfeit and pay foi- ev('ry such offence a penalty not

exceeding twenty pounds. '

21. Eor the purpose of raising a fund to defray the cost of Yearly assessment to ■ -- - levied on sheep.

carrying this Act into effect and paying all the compensation-money and all remunerations and salaries hercnnhefore mentioned there shall in each year he levied and paid upon and in respect of all sheep depastured and kept in any ])art of the said Colony the assessment following that is to say for every one thousand sheep the sum of two pounds and so in proportion for any greater or smalhn’ number which assessment shall be paid as follows that is to say—on or before the thirtieth of April in each y(?ar at the office of the said Colonial Treasurer in Sydney or to such other officer or officers and at such other place or places as the Governor may from time to time appoint in that behalf.

22. Every owner of sheep depastured and kc])t in the said Ketums of sheep to

Colony shall make or cause to bt' made in the Intermediate or Unsettled ckrk"7pettv°' depastured by him as aforesaid and if any such pei'son shall fail or neglect to make or cause to be mad(! such returns at the time so appointed or shall omit to deposit tin; same with the said Commissioner or with the Clerk of Petty Sessions as the case may require he shall forfeit and pay for every such offence a penalty not exceeding twenty pounds.

Districts to the Commissioner of Crown Lands for the district wherein Sessions.

the said sheep shall or may be depastured and in the Settled Districts

to the Clerk of Petty Sessions for the district in which the said sheep

shall be depastured a return on the first day of January or within

fourteen days thereafter in each year according to the form in the

23. In case any such owner as aforesaid shall neglect to make ciuef Constable to

such return as aforesaid it shall be the duty of the Cliief Constable shee™for noTm̂

at or attached to the nearest place at which Courts of Petty Sessions return.

are holden to exhibit an information against the person so offending

and such information shall be exhibited within one, month after the

day on which such Chief Constable shall first have ascertained or

been informed of such neglect.

21. The person making such return as aforesaid shall verify Or tons to be verified

the same by a declaration in the form or to the effect prescribed in	'
the said Schedule marked P (which declaration any Justice of the Peace is hereby empowered to administer) that the several matters and things contained in such return are true to the best of his knowledge and belief and if any person shall wilfully make therein any false statement he shall be deemed guilty of a misdemeanor and on conviction shall be imprisoned for any period not exceeding two

years. '

25. The several Commissioners and the several Clerks of Petty Sessions shall within twenty-one days after the first day of January in Bikers Ldcierks of

each year make an assessment on tin; sheep depastured Avithin their

Sessions.

respective districts and shall on or before the first day of Eebruary then next ensuing make a return thereof to the said Colonial Treasurer in the form and containing the several particulars set forth in the Schedule to this Act annexed marked G according to which return the assessment hereinbefore mentioned shall upon notice as hereinafter provided be due and payable as aforesaid by the persons therein assessed except in so far as tin; same may be affected by any order made on appeal under the provisions hereinafter contained.

26. The said several Commissioners and the said Clerks of ̂ ■otice to be givenof assessment.

Petty Sessions shall not less than one calendar month previous to th e ' time hereinbefore appointed for the payment of the said assessment

cause

2970	N o.	27.	19*̂ VIC.	1855.
Scab in Sheep.

cause a notice in writing in the form contained in the Schedule to this Act annexed marked II to he served upon each person assessed or to be left at the residence of such person (if within the district) or with the superintendent or person having charge of his stock (if the owner thereof shall not reside within the district) apprising him of the amount of the assessment to which he is liable and requiring him to pay the said amount at the office of the said Colonial Treasurer or other place appointed as aforesaid on or before the thirtieth of April then next ensuing.

Appeal from assess­	27. Any person assessed as aforesaid who shall consider himself aggrieved by such assessment may appeal to the nearest Court of Petty Sessions Provided that within ten days after the service of the said notice of assessment the person assessed or some one on his behalf shall give to the said Commissioner or Clerk of Petty Sessions a notice in writing of his intention to make such appeal upon some day to be therein mentioned not later than fourteen days after the date of such last-mentioned notice and the Justices sitting in Petty Sessions shall hear and determine the matter of the said appeal in a summary way and shall make such order therein as to them shall seem meet according to the true intent and meaning of this Act and in case of the dismissal of the appeal or the affirmance of the said assessment wholly or in part or in case the party assessed or some person on his behalf shall not appear to prosecute the appeal the Court shall order and adjudge the person so assessed to pay within ten days the amount of such assess­ ment or of such part thereof as they shall have determined to be payable into the ofiice of the said Colonial Treasurer or other place appointed as aforesaid and also such costs and expenses as may be awarded to the said Commissioner or Clerk of Petty Sessions by the said Court and if such assessment costs and expenses be not paid within sucli time the said Court shall and may issue a warrant to levy the amount thereof by a distress and sale of a sufficient part of the sheep in respect of which such assessment shall have been made as aforesaid and if a sufficient number of such sheep cannot be found then by the distress and sale of any goods and chattels of the owner of sucli sheep and the surplus if any after payment of such assessment costs and expenses shall be paid to the owner of such sheep.
ment.
Payment of assess­	28. In case any person liable to pay any such assessment as aforesaid and who shall not have appealed against the same or in case any jierson so adjudged to be liable to payment of the said assessment or any part thereof upon appeal or notice of appeal as aforesaid and against whom no warrant of distress has been issued under the last preceding section of this Act shall refuse or neglect to pay the same upon the day appointed by such notice or within the time appointed in cases of apj)eal as aforesaid as the case may be it shall and may be lawful for the said Colonial Treasurer and he is hereby required forthwith after the expiration of one month from the day or time so appointed to issue a warrant under his hand to the Commissioner or Clerk of Petty Sessions in whose district any person so refusing or neglecting to pay as aforesaid shall reside directing the said Commissioner or Clerk of Petty Sessions and his assistants to levy the amount which such person is so liable to pay as aforesaid together with an additional sum equal to one-fifth part of that for which he is so liable by Avay of penalty tor sueh relusal or neglect by a distress of sufficient part of the sheep in respect of which the assessment shall have been made as aforesaid or of any goods and chattels of the owner thereof in the event of a sufficient quantity ot such sheep not being found and such Commis- .sionor or Clerk of Petty Sessions and his assistants to wliom such warrant shall be so directed are hereby authorized under and by
ment enforced liy
distress.

virtue

1855. 19" VIC. N o. 27. 2971

Scab in Sheep.

virtue thereof in the case of sheep to distrain take and drive to the nearest or most convenient pound such and so many of the sheep of tile party in the said warrant mentioned as shall be sufficient (when sold) to pay the amount of such assessment and penalty and the costs and expenses of making* sueh distress and the payment of the main­ tenance of such sheep till sold and the said sheep (or a sufficient part thereof) to sell and dispose of at such pound according to the ordinary course of sales of sheep impounded for trespasses (unless previously thereto tlic said assessment penalty costs and expenses shall he paid) and the proceeds thereof shall he applied to the payment of the assessnu'nt penalty costs and expenses aforesaid and tlie surplus (if any) shall bo paid to the owner or superintendent of the said sheep and in event of any goods and chattels other than sheep being levied upon under this Act for non-payment of assessment the same sliall he sold in the manner hy law directed with respect to the sale of goods and chatties on summary convictions and the proceeds shall he disposed of as is hereinbefore provided with respect to the proceeds of sheej) sold for non-payment of assessment Provided however that Avhen such warrant shall he so issued as aforesaid in case the amount of the assessment and penalty therein mentioned shall he; tendered to the person charged ivith tin; execution of such warrant then and in such case the said person shall and he is hereby authorized to accept and receive the said amount and to give a receipt for the money so received and to refrain from making the said distress.

29.               I t shall he lawful for any person to exhibit or lay before PcnaiticB to bo

any Justice of the Peace an information complaining of any offence against the provisions of this Act to nhich a pecuniary penalty is attached and every such information shall ho heard and determined by any tivo Justices in a summary ivay.

JO . In the event of any penalty recoverable in a summary Avay ronaUies to be levied

not being paid within seven days after conviction the same may he |lon!paymenTp̂

levied hy distress and sale of the offender’s goods and if such goods to be impnisoned not

shall be found insufficient it shall he lawful for the convicting Justices ôutbs!'̂

to order and adjudge that the iierson coimcted as aforesaid shall he

imprisoned for any period not exceeding six calendar months unless

the penalty and costs be sooner paid.

J l. The said Colonial Treasurer shall pay on the Avarrant of odoniai Treasurer the Governor all moneys that shall be laAvfully demanded from him outTAho'Gonerai under this Act either as compensation for sheep destroyed or for any ifevenuc.

other ])urposc out of the assessment money hereby imposed and in the event of any such demand being made upon the said Colonial Treasurer at a time Avhen he shall not have any of such assessment money in his hands or Avhen he shall not have a sufficient sum of such assessment money to pay the money so demanded then it shall be laAvful for the said Colonial Treasurer on tlie Avarrant of the Governor to pay the Avhole of such money or so much thereof as may be required over and above any assessment money that may then be in the hands of such Colonial I’reasurer out of the public funds in his hands as such Colonial Treasurer Provided that all such moneys so advanced by him shall be repaid out of the proceeds of the said assessment and such assess­ ment money shall be always kept by the said Colonial Treasurer in a sepai’ate and distinct account and shall be applied by him to the purposes of this Act and to no other purpose Avhatsoever Provided also that all sums of money paid by the Colonial Treasurer under the Act hereby repealed in excess of the assessment collected during the present year shall be carried to the debit of the said account. ^

J2. In the interpretation of this Act the Avord “ OAvner” shall interpretationdause.

mean and include proprietor lessee overseer sujierintendent and person in possession or charge and the Avords “ run” or “ station” shall mean

any

^972	N o. 27.	19° VIC.	1855.
Scab m Sheep.

any places at which sheep are kept and depastured unless there shall be something in the context repugnant to such construction the word “ sheep” shall include rams ewes wethers and lambs the words “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 proprietor of the land or over which sheep cattle horses or drays have been usually and commonly driven by the inhabitants of the said Colony and all sheep that shall he driven or carried along or over any place other than the run on which the same shall he ordinarily kept and depastured shall be held to be travelling sheep within the meaning of this Act and all sheep required by this Act to be destroyed shall be entirely consumed l)y fire or entirely buried at least three feet under ground.

Act to continue until 33. Tliis Act shall Continue in force until the thirty-first day of

31 December 1857. X)ecember One thousand eight hundred and fifty-seven and no longer

• Provided that in case the moneys demanded and paid or payable under the authority of the Act hereby repealed and of this Act shall exceed the amount of the collections made under the authority thereof repectively this Act shall continue in force during the year one thousand eight hundred and fifty-eight for the purpose only of raising hy assessment such amount as shall be deemed by the Governor and Executive Council necessary to cover the moneys so paid and payable in excess of such collections.

SCHEDULES REEEREED TO.

A.

Certijicate o f destruction of Sheep.

We the undersigned A. B. and C. D. two [or more as the case may 6e] of Her Majesty’s Justices of the Peace for the Colony of New South Wales do hereby certify that it has been duly proved before us that [here state number'] .sheep above the age of six months the property of E. F. lately depasturing at [state name of run or station] were on the

day of instant [i.r lost] duly destroyed and we further certify that

it was further proved to our satisfaction that such sheep were at the time of their destruction infected with the disease called the scab and that previous to their destruction the notices required by law were duly served.

Dated at in the Colony of New South Wales this day

of A.D. 185 .

A. B. J.P. C. D. J.P.

B.

Warrant to examine Sheep.

T h e se are to authorize you and your assistants a t any tim e w ith in twenty-one days from th e date hereof to en te r by force if necessary on the lands on which the sheep specified below are now ru n n in g and to cause them to be driven to the most convenient p a rt or parts of such lands for the purpose of exam ining them and to thereupon exam ine them in order to ascertain if th ey are diseased.

General description of Where now running Name of person in

sheep and number. or being. ostensible possession.

Dated at in the Colony of New South Wales this day

of A.D. 185 .

To Mr.	and his assistants	A. B.	J.	P.
c.

1855.	19 ̂ YIC.	N o.	27.	2973
Scab in Sheep.

0.

Certificate o f Sheep being Diseased.

(To be indorsed on preceding Warrant.)

I the undersigned A. B. [or we the undersigned A. B. and 0. D. as the case may 6e] do hereby certify that pursuant to the within warrant to me [oi’ «.«] directed I [or we] this day [o)- on the day of ] examined the sheep within mentioned and [ [or we] further certify that the said slieep are infected with the disease called the scab.

Given under my hand [or our Aands] at in the Colony of New South

Wales this day of a .d . 185 .

A. B.

D.

Warrant to destroy Sheep.

W h e r e .^s it has been duly proved before us A. B. and C. D. Esquires two [or more as the case may be~\ of Her Majesty’s Justices of the Peace for the Colony of New South Wales that the sheep specified below are infected with the disease called the scab Now these are to authorize you and your assistants at any time within twenty-one days from the date hereof to enter by force if necessary on the lands on which the said sheep are running and to destroy them and every part of them.

General description of Where now running Name of person in Name of supposed

sheep and number.	or being.	’	ostensible ijossession.	owner.
:

1  •

Given under our hands and seals at in the Colony of New South

Wales this day of A.D, 185 .

A. B. J .P .

To Mr. and his assistants. C. D. J .P ,

E.

Certificate of Cost o f destroying Sheep.

W e the undersigned A. B. and C. D. two [or more as the case may Zie] of Her Majesty’.s Justices of the Peace for the Colony of Now South Wale.s do hereby certify that pursuant to a warrant directed by us to E. P. [or to E. F. and G. H. as the case may 6e] the said E. P.

[or E. F. and G. Hf\ with his [or theii-] assistants did on the , day of

instant [or last] duly destroy [here insert number] sheep at in the said Colony and we further certify that we have fixed the remuneration to be paid for the destruc­ tion of such sheep at the sum of

Given under our hands at in the Colony of New South Wales

this day of a .d . 185 . A. B. J.P.

C. D. J.P.

F..

Return o f Sheep.

T h e following is a Return of all Sheep now depastured by Mr. a t

in the Colony of New South Wales.

Name of superintendent or

Name of station or run. Number of sheep and lambs. person in charge.

I A. B. do hereby solemnly declare that to the best of my knowledge and belief the

foregoing is a true and faithful account of all sheep and lambs kept or depastured by me or

under my charge on this station [or the several statimis above mentioned as the case may 6e].

A. B. Proprietor or Superintendent

[ffs the case may be].

Declared before me at in the Colony of New South Wales

this	day of	A.D. 185	.	C. D.	J.	P.
G.

2974 N o. 28. 19 ̂ VIO. 1855.

JElectoral Bolls.

G.

General Return of Slieep.

Y ea rly Return of Sheep and Lambs in the District of in the

Colony of New South Wales.

Stations or Name ot* Name of Numter of slieep Amount of

runs. owner. superintendent. and lambs. assessment.

A. R. Commis-sioner or Clerk of Petty Sessions.

H.

Notice of Asseesment.

T h e amount at which you are assessed for the year from the first day of January to the thirty-first day of December 185 on the undermentioned sheep and lambs is as

follows:— sheep and lambs at £ ‘l per thousand £ s. d. which said

sum of pounds shillings and pence you are hereby required

to pay at the office of the Honorable the Colonial Treasurer in Sydney [o?’ at

as the case may Ac] before the thirtieth day of April next or if you consider yourself as

having any just cause for appealing against the said assessment you will please to observe

that notice of such appeal must be lodged wdth me -within ten days from the date of the

delivery of this notice in the manner directed by the Act of Council in that behalf.

As witness my hand at in the Colony of New South Wales this

day of A.D. 185 .

Commissioner of Crown Lands

[or Clerk of Petty Sessions].

To