Scab in Sheep Act 1855 (SA)

An Act for the further amendment o f An Act toprevent the extension

of he Scab in Sheep, and to 6akeprovision for the destllrction of

&heep infected with that disorder."

[Assented to, June 19, 1856.1

HEEL4S by an Act, passed in the sixteenth year of the reign Preamble.

of' v e r Majesty, intituled b 6 An AC-ent the extension

of the Scabyn-RiSp in South Australia, and to make provision for S N 5-3-

the destruction of Sheep infected with that disorder," it was Xnacted, c<

d!7; -

that it should be lawful for the Inspector, after the first dayof	-Y
March, one thousand eight hundred and fifty-four, to enter upon any
land and to scize and cause to be destroyed s h e m o u n d there
icfected with the disease called the scab, and the s a x tixneTlaC been subsequently enlarged, upon certain conditions, to the first day of March, one thousand eight hundred and fifty-six: And whereas it is cxpcdient to confer upon the Inspector, by the said Act authorized to be appointed, a discretionary powcr to enlarge the time for the destruction of any sheep infected with the scab, upon the terms hereinafter mentioned-Be it therefore Enacted, by the Governor-in-Chief of South Australia, with the advicc and consent of the Legislative Council thereof, as follows:

1. So much of the said Act as authorizes the Inspect or to enter nepcal of clause authorizing deetrue-

upon "5ny land, and to seize and destroy sheep infectcd with the ,i,,

disease called the scab found therein, shall be, and the same is,

hereby repealed.

who shall be possessed of any sheep infected with the said disease soabby sheep. 2. From and after the first day of July next, every person Pellalty in case of

sX3TiTe liable to pay the sum of Five Shillings, as a penalty, in

respect of every sheep so infected.

G 3 3. It

I~~~Pc~+-QT% iiscretion, may grant

inthcir 3. I t shall be lawful for any Inspector, appointed under authority

furthcrtimufor of the said Act, instead of proceeding to recover the said penalty in

hlrctea A ~ ~ ~.	respect of any shccp infected with the said disease, to receive from
the owner of such sheep a sum of Sixpence for every sheep so infected, and thereupon to give such owner a licence to keep the said sheep, for the purpose of cleansing the same, for such period, not

Proviso.	excceding six months, ss such Inspector may deem sufficient for s ~ x h purpose: Yrovicled that every such licence slid1 be void, and of none effect, if, during the continuance thereof, the person to whom the sump is granted shall not take measures for the effectual cleansing of the sheep mentioned therein, to the satisfaction of the Inspector granting the sarrw, or of any Inspector appointed as aforesaid, and inspecting the said sheep aftcr the issue of such licence: And provided also that it shall be lawful for any Inspector to renew such licence for a period of three months, from time to time, upon p y a ment
of the sum of One Shilling for every sheep so infected for the first
renewal; of One Shilling and Sixpcncc for the second renewal; and of' an nclditional Sixpence beyond such sum of One Shilling and Sixpence for every additional renewal.
Flock containing

infrcted sheep nmy be 4. I t shall be lawful for any Inspector, appointed as aforesaid, to

st,izrd, if removed for seize and destroy the whole, or such part as he may deem expedient,

% Or alall&tor. o- f l o c m - n n l ~ s h ~ ~ p ~ ~ l n o n ~ ~ 1 1 ^ c ~ ~ e aih i ~ i G t cd

L&&?f$A /f -- - - J' wi& said disease W--- which s & z e n removed f m the

L G - J -7- L * L / place or plnccs whercon such flock or number of sheep may have

d - - z P.i , /,7-.,. c f = m

been o - depilstur~d unless such removal shall haw been

,

, I authorized by ccitificatc wider the hand of an Inspector.

*' Y 7 < -

O\vn(.r of she + 11 m y 5. I t slrall be lawful for any three or more owners of shccp who

give notir c > Ior h- may occupy runs within ten milcs of any run ypon whic!r slueep ijlfected

.,, ,,. ,i,, ,l,,,,

wit11 v. the said disease called scab may be itepa~tured~ by notice, in

~ m t m g, to require any Inspector of Scab to drstroy any - such sheep, n o t \ v i t t n i a licence may have been granted in respect of such sheep, as herein authorized; and any such Tiispector, upon rrccivirrg such notice, and also a bond, with three sufficient sureties to the satisfaction of such Inspector, duly signed and sralcd by such

said disease, s l d l fbrthmith seize and destroy the same. three persons, in the fbrm of the Schedule to this i4ct annexed, and, upon bcing satisfied that such shecl) are so infected with the

Bond hmr tnforccd. G. The Chief Inspector for thc time being, upon being thereto ro- qnestedby any person,lneing the owner of' any sheep so destroyedaslast aforesaid, shall put such bond in suit, in thc xlilrne of thc Inspector to wllom such bond was given, although such person shall no longer be 'In- spector, or shall be dead, in the nearest Local Court of Full Jurisdie- tion, which C'onrt is llereby authorized to hear and determine the matter thcrcof; and shall be entitled to rccovcr under the same, the full rahre(not exccecling thct sum of Seven Shillings and Sixpence per head) of all sheep so destroyed, together with cost of suit, and shall pay over all moneys rcccivedundcr and by virtue of such bond to the owner of the shccp so destroyed, and no release or discharge by the Inspector to whom the same bond shall have been given shall be

pleaded

pleaded in bar to any such suit, nor shall any defence be available

thereto, excepting proof of payment of the value of such sheep to the

owner thereof.

7. The provisions of the Act No. l 7 of 1853 shall apply to the l Y o f 1863.

penalty hereby imposed.

8. In any proceedings under this Act, or the said Act, proof that ~ o ~ h e l d ~ ~ dieeased, if disesaed

any sheep in a flock is infected with the said disease called the scab, ,heep

therein.

shall be sufficient evidence that all the sheep in such flock are so

infected.

SCHEDULE

SCHEDULE REFERRED TO.

Know all men, by these presents, that we, A. B., of C. D., of

and E. F., of are johtly and severally held, and firmly bound to G. H., of

Inspector of Scab, in the penal sum of 3 (double the esti-

mated value of the sheep at seven shillings and sixpence per head), for which sum, to be well and truly paid to hi, we do hereby bind ourselves, our heirs, executors and administrators, and our and their goods and chattels.

Sealed with our seals. Dated this day of 18 .

Whereas we the above bounden having given notice in writing to Inspec-

tor of Scab to destroy certain sheep, infected with thedisease called the scab, now depas- tured at Now the condition of the said bond is such, that if we the said

or one of us, our or one of our executors, administrators, or assigns do and shall pay to the owner of the said sheep the full value thereof, or of such thereof as may have been destroyed according to the aforesaid notice, not exceeding seven shillings and sixpence per head for each of such sheep, then the above written obligation to be null and void, otherwise to remain in full force and virtue.