Slaughterhouses Act 1840 (SA)
ANNO QUARTO
No. 5.
An Act to Regulate the Xlmgfiteril\q, and prevent the Xtealing qf
Cattle. HEREAS it is expedient to make provision for regulating the Preamble.
Slaughtering and preventing the Stealing of Cattlc within
this Province:
Be it therefore Enactcd by His Excellency Lieutenant-Colonel George Gawler Knight of the Royal 13anoverian Guelphic Order Governor and Commander-in-Chief of the Province of South Australia by and with the advice and consent of the Legislative Council thereof' as follows :-
from time to time direct and declare that one or more slaughter- | the Governor in Council whcn and so often as he shall think Kt | |
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I. That from and after the first day of January in the year of our | to |
Lord one thousand eight hundred and forty-one no person shall
be liceneed for cattle,keep a slaughter-house or place for slaughtering cattle intended for
sale barter shipping or exportation without its being duly licensed:
And if thereafter any person shall slaughter or cause to be
slaughtered any cattle as aforesaid in any house or place not licensed
as directed by this Act such person shall forfeit and pay the sum of | S |
Ten Pounds for each and every head of cattle so slaughtered. | - |
11. And be it Enacted That it shall be lawful for His Excellency
Governor inCouncil the exterior boundary of the Park Lands thcreof for the purpose of sale barter shipping or exportation shall be slaughtered at such slaughter-house or slaughter-houses only and that after such ordcr in Council shall have been made and published any person w h ~ shall slaughter or cause to be slaughtered any cattle as aforesaid in any
house or place in Adelaide or within three miles of the exterior | |
boundary of the Park Lands thereof such person shall forfeit and pay the sum of Ten Pounds for each and every head of cattle so slaughtered: Provided always, that until such order or orders in Council shall have been made and published slaughter-houses in Adelaide and its vicinity may be licensed as is by this Act directed. | |
IV. And whereas it may bc necessary in the case of stock arriving overland or otherwise that; temporary licences should be procurable to be in force in the intervai between respective quarterly meetings of Magistrates: Be it therefore Enacted That the ~oloniai Secretary | ||
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or part of the Province or otherwise desirous of obtaining such temporary licence as aforesaid to grant and issue licences for slaughter-houses under the provisions of this Act which shall be valid and effectual until the next quarterly meeting of Magistrates authorized to grant annual licences under this Act and no longer. |
grant licenoes in
tllat evcry person to w l l~ rn such a licenrr hl1all 11r so grantccl as afore- said sllall in all respects comply with and be subject h n d liable to thc same rules regulations penalties and disabilities and shall do and perform all things which persons licensed under this
Act are required to do or to which such persons are made subject and liable.
VI. And be i t Enacted That i t shall be lawful for His Excellency |
Inspectors of slaugh- the Governor from time to time to appoint within such towns or dis-
ter.houBee ,,f bran& tricts or
parts of districts as to him shall seem fit by a noticc to beand~kins. published in the Government
Guzette Inspectors of slaughter-houses
and of brands and of the skins of shughtered cattle and every | i |
person who shall be so appointed shall and he is hereby required and | .,, . |
directed to rcpair without delay to the placc within his town or district or part of a district at which he shall lmve infortnation of any cattle having been slaughtered or of any cattle being intended to be slaugh- |
tered and also in ill cases in which notice shall have been | given to |
him or left at his place of residence of thc intention to slaughter any cattle and every such Iiispector shall examine the said cattle so slaughtered or so intended to bc slaughtered in his town district or part of a district and shall take a particular description thereof with the color mark or marks brand or brands scx and apparent age together with the name of the owner thereof and of the time and place of slaughter which particulars he shall carefully enter or cause to be entered in a book to be kept by him for that purpose and which book such Inspector shall produce for examination to the |
quar-
Justices assembled at every annual or quarterly meeting in his said : | :$ |
town dietrict or part of a district and for the information of any
Justice within the said tomn or district or part of a district whenever
Weeklv return to the hc shall be so required and such 1nspecto; shall also make a weekly ~ ~ ~ ~ ~ f ~ ! $ d; ~
return to the Bench of Justices of the district of the uumber of | cattle |
so slaughtcrcd as aforesaid, |
VII. And be it Enacted That evcry person intending to slaughter
Notice to begiven of
any cattlc in any town or district in which an Inqcctor shall be | be |
appointed as aforesaid shall first give twelve hours' notice in writing | |
fying the placc and time under the penalty of Five Pounds for each | to such Irlspector of the cattle intending to be so slaughtered speci- |
and every head of cattle which shall be so slaughtered without such notice having been given hcreof as last mentioned unless it shall be made to appear to the Justices before whom such fine shall be sought to be recovered that such notice could not have been given and that owing to some unforeseen accident it was necessary that such cattle should have been immediately slaughtered and in all cases in which any cattle should have been slaughtered within any such town or dis- trict without having been previously inspected as aforesaid notice thereof shall bc immediately given to the said Inspector and the skins of such cattle shall be kept or preserved for seven days and Penalty. |
be produced upon demand at the place of slaughter to the Inspector
Skina to h,,preaerred for the tomn or district or part of a district wherein such cattle shall
seven days. have been slaughtered under the penalty of Five Pounds for every
skin so neglected to be preserved and produced. |
VIII, And
Licensed keeper of n
hand of such keeper of each such slaughter-house to the Bench of Justices of the District and if any such keeper of such slaughter-
house shall neglect to keep such book or record or shall make a false entry therein or shall fail or refuse to make such monthly report tothe Bench of Justices of the district or to produce such book or
record ,when so requircd by any Justice he sl~all for every such | |
offence forfeit and pay a sum not exceeding Five Pounds. | |
daughter their own IX. And be it Enacted That nothing hereinbefore contained shall
crrttlefordomeaticuee. extend to any person or persons slaughtering at his own residenceor farm cattle for his own domestic consumption or for the co r~ump
tion of his servants or laborers.
the |
r~z~:",+;~ | Justice of the Peace to demand the skins of any cattle whatsoever | |
that may | ||
of | ||
every such offence forfeit and pay a sum not exceeding Ten Pounds. |
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such manner always as that such previous brand shall not be more
than necessarily defaced or rendered unintelligible.
XII. And be it Enacted That every tanner or other person pur- chasing a raw hide or skin from which any brand shall have beell cut or burnt out or dcstroyed or otherwise defaced unless in the manner authorized by this Act as a cancelli~~g brand on all but the |
with
brand penalty E1 0. brmd
brand of the he t proprietor slid1 upon ~ ~ " ~ i c t i o n | of every such |
ofhce forfeit and pay | fine of Ten Pounds. |
XIII. And be it 'Enacted That it shall and may be lawful from and after the first day of January next for any Justice of the | |
Peace or in spec to^ to entcr at any time of the day or night any house or place licensed as aforesaid where there shall be good cause to suspect that stolen cattle have been slaughtered and to make such scarch and inquiry therein as shall seem necessary for the discovery of the offence and of the offender. | |
XIV. And be it Enacted That if there shall Fe my obstruction or hindrance given to ally Justice of the Pcace or Inspector so as | |
to prevent him or them from entering any pre~nises licensed as aforesaid for the purpose of examining any cattle or slriils the person or persons so offending shall be deemed guilty of a misdemeanor and shall be dealt with accordingly as in the case of a misdemeanor at common law. | |
and receive the sum of Threepence for cach and every head of cattle or skin inspected by him under the authority of this Act to be paid | |
by the keeper of such licensed house or place and to be recovered | |
before any one or more Justice or Justices. |
XV1. And be it Enacted That for the preserving cleanliness in |
towns and the health of pcrsons residing therein it shall be lawful
houses ancl for any Constable authorized and deputed by any writing |
under the hand of any Justice from time to time when and so often
as he or either of them shall see occasion to visit and inspect any
butcher's shamble or licensed slaughter-house which may be situate | , |
within the reputed boundaries of any town and to give such
directions coiicerning the cleansing of any such slmmhle or slaughter-
Andghedirectionsfor
house both within and without as to him shall seem needful and any |
butcher and the owner or occupier of any such shamble or slaughter- house who shall obstruct or molest such Justice Inspector or Con- stable ic the inspection thereof or who shall refuse or neglect to comply with such directions within a reasonable time shall upon the view of such Justice or on conviction on the complaint of any such Constable forfeit aud pay for such offence a sum not exceeding Two Puunds: And it shall not be lawful to slaughter cattle at any such slaughter-house or other place situated in or near
my town except on working days and at the hours follovving vie.--during the sum-mer months from November to March inclusive between the hours
of five and eight o'clock of the morning or evening and during the
Houn for slaughter winter months from April to October inclusive betwecn the hours of six and nine o'clock of the morning and between the houw of thrce and six o'clock of the evening: And any person who shall slaughter cattle at any such slaughter-housc or other place situated
in or near any tow11 at any other hour than is hereby permitted
shall on convi'ction of every such offencc forfeit a d pay n fine of not less than Twenty Shillings nor more than Five Pouncts. |
XVII. And be it Enacted That the Inspectors appointed under |
this |
$tE;a~!~~~;r | importation or arrival of any herd of cattle within their |
districts or parts of districts serve a notice upon the awn person having charge of such herd requiring him |
& | with |
~On-c",qliance&h- of such cattle and that any per~pw,6eglecting to comply ,lyvhll such
with the same shall W e i t and pay a penalty of not less than Ten
b'&>n Fifty Pounds and service of the said notice
in charge of the station at which the said cattle
deemed good service thereof for the purposes of
And be it Enacted That all stray cattle found at large
e age of twelve months which shall not be marked with any
brand shall be and be held to be the property of the Colonial
brand& tobethe pro- Government and all persons finding such cattle shall forthwith give
perty of the Govern-
information to the nearest Inspector: And any person so finding such | |
such head of cattle besidcs forfeiture of the animal so found and | |
taken: And every person giving up such stray unbranded cattle or causing the same to be delivered to the Inspector shall receive for every head of such cattle so delivered a reward uf Twenty Shillings to be paid by the Colonial Treasurer on the order of the Colonial Secretary for the time being. |
there shall be established at |
Adelaide and at each of st~ch | as the Governor by notice |
in the Government | shall from time to time |
appoint and direct a public | be called the Cattlc Itcgistry |
Office " and the said office S | nder the superintendence of an |
Inspector of | Brands appoin | resaid and the said Inspector is |
hereby required to assign | ar brand to every person re- |
e satne brand in a book to be kept |
for that purpose in the said | o publish in the |
I I
Gazette as soon as conveniently b a y be tile said brand and the nameof the person to whom the sam$ has been assigned and any other person making use of the sai nd after the said assignment and
publication thereof shall for | d pay a penalty of not less than | |
Twenty-five Pounds nor mo | Two Hundred Pounds and every | |
person to whom such bran | e assigned shall pay at the said | |
kegistry Office a fee of 'I* | gs and Sixpence in addition to | |
the actual cost of the bran | if provided by the Inspector. |
i
t |
XIX. And be it Enacted That evcry pcrson within the Province
Return to be made by
owning or having in his possession otl tlie first day of December and |
, | Re,Cts |
first day of June respectively iu dny year any number of cattle |
whatsoever shall a t least once in et-ery balf-year on or before the first day of January and the first day of' July respectively transmit to the Cattle Registry Office as slfor4said a correct list or return of | " |
the cattle so owned or possessed by h& with a particdar description thereof specifying the brand 9r brand~f sex and apparent age of each of such cattle together with the date %when the same came respec. tively into his possession and shall certify the correctness of such list or return by afixing his signature thereto and if any person shall possess any bead or i~umber of cattle without SO transmitting such
return | he shall for every such offence forfeit and pay a penalty |
accorcling to the number of cattle so owned or possessed by him as
follows namely if under five head the shm of Ten Shillings if under
ten head the sum of One Pound if under fifty head the sum of Two
Pounds if under one h~zndred head tlic urn of Five Pounds and if
under five huildrcd l~end the sun1 of Thirty Pounds: Provided
always that the Inspector of Brands at Adelaide or for the district of
the Province in which such person ownbg or possessing such cattle
as aforesaid slid1 be resident shall cause to be inserted at least once
in the
published at least n month before each of the first day of January | \: . |
and first day of July a notice intimating that the returns hereby | |
required will then be due and calling upon all parties concerned to furnish such returns in terms of this Act. |
may be after the certified lists or returns of cattle by this Act re- | XX. And be it Enacted That the Inspector as soon as conveniently |
quircd shall be lodged, shall cause to be entered i11 a book to be kept for that purpose, correct copies of the same for public inspection, the said entries to be made in alphabetical order, according to the first letter in the surname of tlie party owning or possessing such
cattle, and shall file and carefully keep the originals and prodnce | the same or the copies thereof whenever required by any party having |
interest, upcn payment of a fee of Two Shillings and Sixpcnce. |
XXI. 9 n d be it Enacted That the Cattle Registry Office esta-Office to be kept open
blished under the provisions of this Act shall be kept open at such $ | ~ | ~ | ~ | ~ | ~ | ~ | l | ; | ~ | ~ | ~ |
hours as the Governor by public notice in the
Gazette shall appoint,point. and that during those hours all persons paying a fee of Onc Shilling
F,, ,f 1,. for inspec- shall be at liberty to inspect the books in which the registry of tion.
brands are entered.
XXII. And in order to prevent as far as possible the resort of |
cattle-stealers and lawless persons in the interior: | Be it Enacted |
That it shall be lawful fbr His F:xcellcncy thc Governor in Council when and so often as he shall think fit to declare and appoint dis- tricts extending to certain distances or bounded by certain limits, within which cattle or home stations may be formed without restriction and from time to time to alter the boundaries of the said
districts
districts in such manner as nln | required in consequence of tllc |
increase of settlcmeiits and ijf | ed territory and from and after |
thirty days after such districts | eclnred every person intendinq |
,M | . | cattle or lioine station beyond |
the boundaries of the said priv[lcgcd districts sllall give notice in |
writing to the ncwest Inspector &f Brands of | such intention before |
the fokation of such cattle stn | ns or such cattle stations haviug | ||
been formed and such notice |
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the | ||||
cattle and shall certify the corrc$tness of the same by affixing his | ||||
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he shall forfeit and pay a penalty | not less than Fifty Pounds nor | |||
Adation of cattle to a
be added to any station already re$orted to thc Inspector of Brands |
Do*ri~tion given. as is by this Act required of all caiikle added to such station and the
places and proprietors from which Luch have been procured certified by the signature of the person to whom the station belongs nad if any such proprietor or person shall {omit or neglect to forward such
penalty of not less than Twenty Pounds nor more than One I-Iun- &ed pounds. | |
XXIV. | |
station shall keep at such station a book in which he shall register | |
all the cattle at such station according to tlie notice which shall | |
have been forwarded to the inspector of Brands and such proprietor or his agent or overseer present at such station shall produce on demand such registry for the inspection of avy Commissioner Super- intendent or Inspector of Police or arly other person empowered by warrant from the Governor to demand inspection thereof and every such proprietor or other person neglecting to keep such register |
Penalty for negleoting book or refusing to produce the same as aforesaid shall for everyto keep or not to pro- such offence forfeit arid pay a penalty of not less than Twenty
Pounds nor more than One Hundred Pounds. | |
XXV. And be it Enacted That such proprietor or his agent or |
overseer present at such station shall moreover on demand by any |
pan | Commissioner Superintendent |
person producing warrant from the Governor for that purpose muster all the cattle at such station for examination and such Com- |
missioner
nlissioner Superintendent or o | erson as aforesaid is hereby |
required after so examiriirig thc | ttle according to the book of |
registry at such station to cer | such registry to what extent f |
he is satisfied with thc correc | the same and every such | ||
proprietor or other person negl | refusing so to muster cattle | ||
as aforesaid shall for every suc |
|
of not less than Olle Hundu%l ~ o u k d s | nor more than Five Hundred from | to $600. |
Pounds. |
payment of penalties. |
this Acf; for which the penalty to be r~ro~rerecl shall exceed the sum of Fifty Pounds shall bc tried ancl determined before the Supreme Court a t the suit of the Advocate-General or of any other person authorized by the Governor: And in all cases in whicli the penalty shall not cxccecl the said sum it shall be lawful for any Justice of the Pence to issue his suinmons coinnlandirig the person against whom information has been girctl to appcnr before himself or any Justicc or Justices any of wllorr~ are hereby authorized to hear and determine the case in a summary way and on conviction thereof to order and direct the o.ffmdcr or offcndcrs to forfeit and pay such sun1 as hc or they in his or their discretion shall think proper according to the limitations and provisions of this i4ct respectively ancl in case such sum adjudgcd to bc paid by such offendcr or offenders h(: not paid within three days it shall ancl may be lawful for such Justice or Justices or either of them to issuc his or their warrant to levy the satne by distress of the offender's goods or effects and in default of such goods or effects to commit the offencler or uffendei~s to the xicarcst common gaol within the said Proviiwp for
XXVlI. Ancl be it Enacted 'That no convirtion before any Justice TlJo c:nviction | by |
OF Justices undcr this Act sllall be yuasliecl for want of form or he | J u s t m to be quashed |
rcmoved by writ of
certiorcxri or otherwise into the Supreme Court and no ~varrant of conmitnzent shall be held T-oirl by rcason of any defect therein providcd it bc thcrerein alleged that the party has been convicted and that there be a good and valid conviction to sustain the samc.XXVIII. And be i t Nnnctcd That a11 fines and forfeitures levied Fines and forfeitmeu
or paid undcr or by virtue of tliis Act shall together v i t h such | the |
sums as may bc r ~ c ~ i v e d | for licences under this Act be paid and Govenlruent. |
appropriated to the use of Her Majesty Hcr Hcirs and Successors for the public uses of this Province and the support of thc Govern-
men t | thereof. |
XSIX. And be i t Enacted That all fines pcnaltics and forf~itures | Fines. | n l a ~ | be |
nntted by the
Gorer- imposed bp this Act inny be reiiiitted i11 tllc \vholc or iv part by ,=,,.
the Governor.
XXX. And
XXX. | |
mean the officer for the time being lawfully administering the Government. |
GEOKGE GAWLER.
Passed i.n. Council t?& cgqhth cJcy
Clerk of Council.
SCHEDULE REFERRED
TO.
LICEXCE FOR SLAUGHTERING
CAT'l'1,E.
We the undersigned being | of | Her Majesty's Justices of the Peace for the |
Province of South Australia do certify that by virtue of thc authority ~ e s t c d in
11s by anAct of tlw Governor and Council passed in the fourthyear of' thc rcigii of Her Majesty Queen Victoria No. 5 intituled '' AnAct to regulate the Slaughtering and prel-ent the Stealing of Cattlc " Mr. is hereby licensed to slaughter
cattle in his | situate and being in | and that |
this licence is to renlain in force from the date hereof until the day one thousand eight hnndred and
Given under our hands and seals at | this | d a y |
of | one thousand eight hundred |
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Adelaide: | Printcr, |
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