Sydney Abattoir Act 1850 No 36a (NSW)
| 1850. | VIG. | No. 36. | 2211 |
Sydney Abattoir.
| No. | XX XV I. |
| All Act for the establislimciit of a Piililic Abattoir sydmov | a.attoie |
or place for tlie slaughtering of Cattle for the
City of Sydney. [1st October, 1850.]
\T T iIE llE A S by an Act of tlic Governor and Legislative Council ol'rrcam iiie.
New South Wales passed in the fifth year of the reign of llis late Majesty King 'William the Eourth intituled “An Act for reyuhd- 5 wiii. iv. No. 1.
V V
ing the staughtcring of Cattte'"’ certain provisions were made for the licensing of slaughter-houses and places for slaughtering cattle and in pursuance thereof divers licenses have been granted for such purposes for various places in the City of Sydney And whereas by another Act of the said Governor and Council passed in the thirteenth year of the reign of Her present Majesty Queen Victoria intituled “ An Act n vie. No. 12.
“ to amend the Law relating to the licensing of Slauglder-h.ouses icithin “ the City and, Suburbs of Sydney and for the prevention o f other “ Nuisances within the same"' it is (amongst other things enacted) that from and after tlie passing thereof no house or premises not then already licensed within the limits of the said City as descrihed and sed forth in the Schedule A annexed to a certain other Act of the said Governor and Council passed in the sixth year of the reign of Her present Majesty Queen 'Victoria intituled “ An Act to 6 vie. No. 3
“ declare the Toim of Sydney to be a City and to incorporate the
“ Inhabitants thereof” or within the distance of two miles from the
said Ibnits should bo licensed as a slaughter-house or place tor slaughter
ing cattle anything in the said first recited Act to the contrary in any
wise notwithstanding And whereas in order to promote the health
and comfort of the inhabitants of the said City of Sydney it is con-
t(!mplat(Ml by the Government of the said Colony of New South'Wales
to establish a Eublic Abattoir or place for the slaughtering of cattle
beyond the limits of the said City and it is expedient to provide
that from and after the establishment and completion of such Public
Abbatoir no person or persons shall bo allowed to slaughter or skin
scald or dress cattle within the limits of the said City or Avithin the
distance of three miles therefrom except only in such Public Abattoir
Be it therefore enacted by llis Excellency the Governor of N<nv South
'VVKlcs Avith the advice and consent of the Legislative Council thereof
That AA’hen and so soon as a Public Abattoir or place for slaughtering
(uttlc shall have been erected and completed by the G overnment of the
said Colony on Glebe Island or on any other place beyond the limits
of the said City of Sydney and notice thereof shall liavc been adver
| tised in the New South Wales Government Gazette by direction of the | . |
Governor for the time being of tlie said Colony then from and after
the iiublication of such notice or from and after the expiration of such siaugiitcrins
period as sliali be therein named all licenses granted under the said jiijove recited Acts
| recited Acts or under any other Acts of the said Governor and Council ty cease whc.i cubiie | , * , T 1 1 j 1 1 /-» Abattoir estabiishcu. | |
| to any person or persons to keep a slaughter-house or place lor slaughtering cattle for any purpose Avithin the said City or Avitliin the distance of three miles therefrom shall cease and no person or persons AVheio cattle may i>o | ||
| shall thenceforAA'ard slaughter or skin scald or dress or cause to be | ||
| ||
| place Avhether licensed or not AAithin the said City or Avithin the dis tance of three miles therefrom except only in the Publie Abattoir so to be established as aforesaid Provided ahvays that nothing in this Proviso. | ||
| Act contained shall bo construed to apply to any house or premises |
now
| 2212 | N o. 36. | 14̂ ̂ VIC. | 1850. |
Sydney Abattoir.
now used for slauglitering cattle sheep calves or pigs for the purpose
of converting the carcasses thereof into preserved meats.
| Penalty not exceed- | 2. And bc it ciiacted That if any person or persons shall after |
| iTead o/lattk"̂ ̂ | publication of the said notice or after the expiration of the said |
| slaughtered &c. con- period to be therein named slaughter or skin scald or dress or cause to | trary to th(5 provi | „ | ̂ slaughtered or skinned scalded or dressed any cattle in any place within the said City or within the distance of three miles therefrom except only in the said Pulilic Abattoir such person or persons shall forfeit and pay any sum not exceeding live pounds for each and every head of cattle so slaughtered skinned scalded or dressed. |
sions of this Act.
| Orders and regula | 3. And be it enacted That it shall be lawful for the Governor |
tions may ho made
| hy tlie Governor | for the time being of the said Colony with the advice of the Executive |
| witli tlie advice of | |
| the Executive | Council thereof from time to time to make such orders and regulations |
| Council. | as to the said Governor and Council shall seem meet for regulating the said Abattoir in respect to cleanliness and otherwise and for the good government of all persons using or frequenting the same and for fixing the rates of slaughtering fees or dues to bc paid for the use of the said Abattoir and appurtenances by persons slaughtering cattle or causing cattle to be slaughtered therein and for the collecting receiving and accounting for the said fees or otherwise for the purpose of giving effect to the provisions of this Act and to repeal alter or amend any such order or regulation and all provisions for any of the purposes aforesaid in any such order or regulation contained shall have the like |
| ing £d for offences | |
| Penalty not exceed | force and effect as if the same had been inserted in this Act and all |
| against the same. | persons offending against the same shall for each and every offence forfeit and pay such sum not exceeding five pounds as the said Governor and Council may in any case by such order or regulation direct Provided nevertheless that the fees so to be fixed for the slaughtering of cattle in the said Abattoir shall not exceed the fees specified in the Schedule to, this Act annexed. |
| Ordei’s and regula | 4. And bc it enacted That all orders and regulations made |
| tions to be promul |
| gated in tlio N gw | under the authority of this Act shall within fourteen days after the |
| South Walca | issuing thereof be twice published in the New South Wales Govern |
| Government Gazette | |
| and laid before the | ment Gazette and that a copy of every such order or regulations shall |
| Legislative Council. | be laid before the Legislative Council of the said Colony within six weeks after issuing the same if such Council shall bc then sitting and if not then within six weeks after the commencement of the then next Session of tlie said Council |
| Governor to appoint | |
| officers and servants | 5. And be it enacted That it shall be lawful for the Governor for the time being of the said Colony from time to time to appoint employ and continue in office such clerks inspectors and other officers and servants as may be necessary or proper for tbe purpose of carrying into effect tlie provisions of this Act and of the said orders and regulations so to bc made as aforesaid and to assign and allow |
| and allow salaries | |
| and remove such | |
| officers and servants. | salaries wages or remuneration to such officers or servants and from time to time to remove and dismiss such officers and servants respectively. |
| Governor may farm | |
| Abattoir. |
G. Provided always and bc it enacted That it shall be competent
for the Governor if he shall think fit to farm or let the said Abattoir
or any portion thereof either by public auction or otherwise as to the
Lessees to take fees Said Govcmor sliall Seem meet and it shall be lawful for the lessees of
subjeettoregulations the said Abattoir or of any portion thereof to take and demand all
Executive Council, lawiui lecs irom ttic pcrsons using the same subject nevertheless to
all such rules and regulations as shall be made by the Governor and
Executive Council in manner aforesaid.
Salaries and other 7. And be it enacted That all fees or sums of money (other fraywf out of feet&c. than penalties) received undei- the provisions of this Act shall go to
| received under form a fiind out of whicli shall be defrayed the salaries of the several | provisions of this | |
|
upon
| 1850. | i r VIC. | No. 36. | 2213 |
Sijdney Abattoir.
upon carryinc^ this Act into force and the overplus if any shall he paid to Her Majesty Her Heirs and Successors for the public uses of the said Colony and in supj)ort of the Government thereof and shall be applied thereto in such raannen- as may bc appointed by any Act of tbe
| said Governor and LeAslative Council. | O |
8. And bc it enacted Tliat every penalty or forfeiture imposed now a penalty m-
by tliis Act or under or by virtue of any order or regulation in pursuancit of this Act may bc recovered by summary proceedings bcibre two Justices and upon the cxliibition of any complaint before any Justice' such Justice shall issue a summons requiring the party complained against to appear before two Justices having jurisdiction at a time and
place to be named in such summons and every sutdi summons shall Ih; stu'ved on the party otfending cither in person or by leaving tlu; sannt
witli some inmate at his last or usual place of aliode and u])on tin;
appearance of tlie party complained against or in liis absence after
proof of the scrvic;e of siudi summons it shall bo lawful for any two Justices having jurisdiction to proceed to the hearing of the comyilaint and upon proof of the offence cither l>y the confession of tin; party eom- plaiiKMl against or upon tlie oatli of one credible witness or more it siiall be lawful for such J ustices to convict the offender and upon such
conviction to adjudge the offender to pay such penalty as may seem fit
and not greater than the |)cnalty or forfeiture specified in this Act or
in any such order or regulation as aforesaid as well as such costs
attending the conviction as such Justices shall think fit Provided
always that all such proceedings by summons may be had and done I'roceeaings ry snm-
without a formal information being exhibited and such proceedings
shall bc as good valid and effectual to all intents and purjioscs as if a valid.
formal information in Avriting rvere exhibited provided tliat in every such summons the general nature of the complaint shall be succinctly
| stated. | Provided further that in all proceedings under this Act the infonuuracompctciii |
informer or party prosecuting shall be deemed and taken to bc a com- ""‘‘“css.
petent witness on the hearing or trial thereof.
9. And be it enacted That if fortlnvith upon any such adjudi-if penalty m-f.H- cation as aforesaid the amount of the penalty or forfeiture and of such t-!inauU)f”d̂ suv costs as aforesaid be not yiaid the amount of such penalty and costs may be issued,
shall be levied by distress and such Justices or either of them or any other Jbfsticc having jurisdiction as aforesaid shall issue their or his warrant of distress accordingly.
1 0 . And be it enacted That it shall be laAvful for any sucli oiiender may bĉ do-
Justice to order any offender so convicted as aforesaid to bc detained ‘i-Xtics'rwmT'int and kept in safe custody until return can bc conveniently made to the
warrant of distress to be issued for levying sucli penalty or forfeiture and costs unless the ofifenflcr give sufficient security by Avay of recog nizance or othenvise to the satisfaction of the Justice for his appearance before him on the day appointed for such return such day being not more tlian eight days from the time of taking such security but if before issuing such Avarrant of distress it shall appear to the Justice by tlie admission of the offender or othcrAvise that no sufficient distress can bc bad AAuthin tlie jurisdiction of such Justice Avhereupon to IcA'y such penalty or forfeiture and costs he may if he think fit refrain from issuing such Avarrant of distress and in such case or if such Avarrant icnn sufiicicnt dis-
shall have been issued and upon the return thereof such insufficiency
as aforesaid shall be made to appear to the Justice then such Justice mitted to gaol loi
| sliall by Avarrant cause such offender to be committed to gaol there to | Uma/montba!'̂ ^̂ |
| remain Avithout bail for any term not exceeding three months unless | “ |
| such jienalty or forfeiture and costs be sooner paid and satisfied. |
11. And be it enacted That Avlicrc in this Act any sum of Amount <,f penalty
| mont'v Avhether in the nature of penalty or otherAvise is directed to bc | '“'pa by |
levied by distress such sum of money shall be levied by distress and cijattcis oi oft'ender.
sale
| 2214 | No. 36. | 14̂ VIC. | 1850. |
Sydney Abattoir.
sale of the goods and chattels of the party liable to pay the same and the overplus arising from the sale of such goods and chattels after satisfying such sum of money and the expenses of the distress and sale shall be returned on demand to the party whose goods shall have been distrained.
| Distress not nnlawful | 12. And he it enacted That no distress levied hy virtue of this Act shall he deemed unlawful nor shall any party making the same be deemed a trespasser on account of any defect or want of form in the summons conviction warrant of distress or other proceedings relating thereto nor shall such party bc deemed a trespasser ah initio on account of any irregularity afterwards committed hy him hut all persons aggrieved hy such defect or irregularity may recover full satisfaction for the special damage in an action upon the case. |
| for want of form. |
| Application of fines | 13. | And he it enacted That all penalties and forfeitures recovered |
| and forfeitures. |
under this Act shall he applied as follows one-half thereof shall be paid to tlie person who shall sue or proceed for the same and the other half to Her Majesty Her Heirs and Successors for the public uses of the said Colony and in support of the Government thereof and shall he applied thereto in such manner as may be appointed hy any Act
| CJovernor may remit | of the said Governor and Legislative Council Provided nevertheless |
| penalty. | that it shall he lawful for the Governor either to mitigate or wholly to remit any sucli penalty or forfeiture. |
| made within two | |
| Complaint must be | Id. And be it enacted That no person shall he liable to the or of any such order or regulation as aforesaid for any offence made cognizable before a Justice unless the complaint respecting such offence shall have been made before such Justice within two months next after the commission of such offence. |
| months next after | payment of any penalty or forfeiture imposed by virtue of this Act |
| commission of | |
| offence. | |
| moned neglecting to |
| Persons when sum | 15. And be it enacted That it shall be lawful for any Justice |
| appear or refusing to | to summon any person to appear before him as a witness in any matter |
| he e.xamined shall | |
| forfeit a sum not | in which such Justice shall have jurisdiction under the provisions of |
| exceeding £20. | this Act at a time and place mentioned in sueh summons and to ad minister to him an oath or to take a declaration [in case such person shall by law be entitled to make a declaration instead of an oath to testify the truth in such matter and if any person so summoned shall without reasonable excuse refuse or neglect to appear at the time and place appointed for that purpose having been paid or tendered a reasonable sum for his expense or if any person appearing shall refuse to be examined on oath or otherwise as aforesaid or to give evidence before sucli Justice every such person shall forfeit a sum not exceeding twenty pounds for every such offence. |
| W.arrant of commit | 16. And be it enacted That no warrant of commitment con sueh order or regulation so {to be made as aforesaid shall be held void by reason of any defect in such warrant provided it be therein alleged that the party has been convicted and there be a good and valid |
| ment not void | |
| through defect in | sequent upon any summary conviction under this Act or under any |
| form | |
| nor bc removable | conviction to sustain the same nor shall any conviction order or other |
| by certiorari or other | |
| wise into Supremo | proceeding in pursuance of this Act or of any such order or regulation |
| Court. | as aforesaid be quashed or vacated for want of form nor shall the same be removed by certiorari or otherwise into the Supreme Court of New South Wales. |
| to the General Quar | |
| Appeal may he made | 17. And be it enacted That if any person shall think himself respect to any penalty or forfeiture under the provisions of this Act or of any such order or regulation as aforesaid he may appeal to the General Quarter Sessions of the Peace to be holden at Sydney in and for the said Colony of New South Wales but no such appeal shall be entertained unless it be made immediately after the making of such determination nor unless the appellant shall forthwith enter into a |
| ter .Sessions of the | aggrieved by any determination or adjudication of any Justices witli |
| Peace. |
recognizance
| 1850. | 14° VIO. | No. 37. | 2215 |
| l^ilotage Fees. |
recognizance Avitli two sufficient sureties before one of tiic convicting .fustices conditioned duly to prosecute sucli appeal with clfcct and to abide the order of the said Court of Quarter Sessions thereon and to pay all costs ordered by such Court of Quarter Sessions to bc by him paid.
| 18. And be it enacted That at the Quarter Sessions for which Court or Qmiter such appeal shall bc given the Court shall jirocecd to htnir and deter- | »'ay |
| it to the following Sessions and upon the hearing of such appeal the | |
| mine tlie appeal in a summary way or they may if they think lit adjourn coutimi or <imisii may confirm or quash the adjudication and order any money paid by the appellant or levied by distress rqmn his goods to bc returned to bim and may also order such further satisfaction to bc made to the party injured as they may think reasonable and they may make such order concerning the costs both of the adjudication and of the appeal as they may think reasonable. |
11). And be it enacted That nothing in this Act contained shall Act not to aiicct
| be construed to render lawful any act matter or thing whatsoever | *'* |
| Avhich but for this Act would bo deemed to be a nuisance nor to exempt any person from any liability prost'cution or })unishmcnt to which he would have been otherwise subject in respect thereof nor in any manner to repeal or altttr either of the said first and si'cond recited Acts otherwise than the same are hereby specifically altered or repealed. |
20. And bc it enacted That in the construction of this Act the iJoustnicUou oi Act.
following words and expressions shall have the meaning hereby assigned to them unless such meanings shall lie repugnant to or incon sistent with the context (that is to say) words importing the singular number shall include the jilural number words importing the masmi- line gender shall include females the word “ Governor ” or the words “ Governor for the time being of the said Colony ” shall be held to mean the Governor or person administering the Government of the said Colony for the time being the word “ cattle ” shall be ludd to include sheep lambs oxen bulls cows calves horned cattle pigs and goats.
SCHEDULE EEEEIlllED TO.
S. (1.
| For every ox eow buff lioifer steer or ealf ............... | 1 | <> |
| For every sficcp or lamb .............................................. | 0 | 1 |
| For every bead of swine .............................................. | 1 | 0 |
0
0
0