The Scab in Sheep Act of 1858 No 13a (NSW)
No. X.
An Act for the prevention of Scab in Sheep.
[7th October, 1858.]
WHEREAS it is necessary to adopt measures for checking the spread among Sheep of the disease called the Scab Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice; and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :—
1. The following terms in inverted commas whenever herein
used shall bear the meanings set against them respectively if not
repugnant to or inconsistent with the context—" Run"—Any run station or other place where sheep are kept
and depastured.
" Owner"—Any owner proprietor lessee licensee overseer super
intendent or person in possession or charge.
" Sheep"—Any ram ewe wether or lamb.
" Infected sheep"—Any sheep infected with a disease called
scab or sheep that shall form part of a flock so infected.
" Public road"—Any road or other way ordinarily used by the public for six years at least without successful opposition from the owner of the land or any way over which sheep cattle horses or drays have been usually or commonly driven by the public.
"Travelling sheep"—Sheep driven or carried along or over any place other than the run on which they are ordinarily kept and depastured.
be marked in red with the letter S. " Destroy"—Entirely to consume by fire or entirely to bury
three feet at least under ground.
2. All sheep infected with the disease called the scab shall be destroyed within one month after the owner shall have become aware that such sheep have become so infected And such owner shall be liable to a penally not exceeding two shillings and sixpence for every such sheep not destroyed within that period And three days at least before such sheep shall be destroyed a notice in writing shall be left at each of the adjoining runs at the residence of the owner thereof stating the day hour and place at which it is intended to destroy such sheep and the number intended to be destroyed Provided that sheep so infected may upon the station of their owner but not elsewhere be shorn or boiled down and their skins fellmongered and the wool or skins securely packed in bags or bales and thereupon and so packed but not otherwise conveyed to their destination for sale or exportation Pro vided also that every such bag or bale shall besides other usual marks
3. U p o n applicat ion made by any owner whose sheep shall have
| been | destroyed | u n d e r | t h e last section at any t ime wi th in one m o n t h |
thereafter any two Jus t ices in P e t t y Sessions shall e i ther at once or on some future appoin ted day not la ter t h a n fourteen days after such appl icat ion m a k e inqu i ry in open Cour t t ouch ing t he infection a n d des t ruct ion of such sheep and t h e compliance of the appl icant w i th all t he provisions of th i s A c t A n d if satisfied t h a t t he requ i red notices have been given and t h a t any such infected sheep have been destroyed p u r s u a n t to t h e last section and t h a t all provisions of th is A c t have been complied wi th they shall the reupon b u t not otherwise sign and deliver to t h e appl icant a certificate in t he form of t he Schedule hereto m a r k e d A a n d on t h e presentat ion or t ransmission of such certificate
| to t he Colonial Treasurer | t he re shall be paid by h im to t h e owner or |
| his order u n d e r w a r r a n t | of t he Governor in Council out of t he funds |
hereinaf ter ment ioned a sum at t he r a t e of four shil l ings for every sheep so destroyed Provided t h a t no such certificate shall be given for sheep under t he age of six m o n t h s nor for any sheep which shall have been boiled down or the wool or skins thereof m a d e use of as aforesaid.
4. I f i t shall be made to appear to any Jus t i ce upon information
on oath or affirmation or upon t h e view of himself or any other Jus t i ce t h a t t he r e is reasonable cause to believe t h a t any sheep infected wi th t he scab are on any r u n or elsewhere cont ra ry to th is Act such Jus t ice may issue a w a r r a n t in the form of t h e Schedule here to marked B directed to some fit person there in named author iz ing h im to examine such sheep and if necessary to cause t h e same to be dr iven to t he nearest pen where they arc ordinari ly kept or to some other convenient place for examinat ion A n d every owner of such sheep who shall refuse to allow such person to enter on any of his lands or to allow such sheep to be examined or who shall refuse or neglect when so required to cause t h e m to be dr iven to t he neares t pen or o ther convenient place for examina t ion shall for every such offence be liable to a penal ty not exceeding twen ty pounds .
5. A n y Bench of Magis t ra tes summoned for t he purpose assisted
by a j u r y of no t less t h a n four sheep farmers or sheep manager s two
to be appointed by such Bench and two by any pa r ty owning sheep
arrested unde r th i s Ac t may inqui re into t he m a t t e r A n d may appoint
if deemed necessary some fit person wi th in the i r special jur isdic t ion
to be Inspec tor for t he purpose of examin ing t he sheep of such sus
pected pa r ty and to assist general ly in carrying in to effect t he provi
sions of th is A c t A n d upon a certificate unde r t h e hands of any two
| Jus t ices of such Bench be ing produced or t r ansmi t t ed to t he | Colonial |
Treasurer t h e r e shall be paid by h i m out of t he fund hereinafter men t ioned to Inspec tors appointed under th i s and the preceding clause or their orders a s u m at t he r a t e of one pound by t h e day for the i r services toge ther wi th such fur ther reasonable; sum for t ravel l ing expenses as t he Bench m a y determine; and as may be ment ioned in such certificates.
G. Any two Jus t ices in Pe t ty Sessions near to t h e place a t which such sheep shall have been examined on receiving from any person so appointed to examine t h e m a certificate unde r his h a n d in t he form of t h e Schedule hereto marked C indorsed on t h e before ment ioned war ran t
| s ta t ing t h a t such sheep are so infected may cause a t r u e | copy of | such |
| certificate | and Avarrant a t tes ted unde r thei r hands wi th | a | m e m o r a n d u m |
indorsed thereon s ta t ing t h a t unless such certificate be disputed wi th in fourteen days t he said sheep will be destroyed to be served on the i r owner by leaving t h e same at his residence A n d if w i th in fourteen days after such service no objection be made as hereinafter provided such Jus t ices or any other two Jus t ices s i t t ing in the same Pe t ty Sessions may issue a war ran t in t he form of the Schedule hereto
marked
marked D directed to any person s igning sucli certificate au thor iz ing h im for thwith to destroy such infected sheep and every person who shall resist or a t t e m p t to resist t he execut ion of any such w a r r a n t shall he liahle to a pena l ty not exceeding fifty pounds Provided t h a t if any owner on w h o m any such copy certificate and war ran t shal l have been served shall wi th in fourteen days after such service serve on t h e Jus t ices a t tes t ing such copy a not ice in wr i t ing s ta t ing t h a t he disputes t he correctness of such certificate i t shall be lawful for such Jus t ices to appoin t a t ime to inqu i re in to t he correctness of such certificate and such inqui ry shall be held in open Cour t in Pe t ty Sessions A n d if t he same or any other two Jus t i ces after m a k i n g such inqu i ry shall be of opinion t h a t such certificate is incorrect and t h a t such sheep are not infected as alleged the re in they shall sign and deliver t o the i r owner a certificate to t h a t effect B u t otherwise they shall issue such w a r r a n t and proceed in all respects as if no such notice of objection h a d been
served upon t h e m wi th in t he t ime l imi ted for t h a t purpose .
• 7. On t h e dest ruct ion of any infected sheep p u r s u a n t to any such war ran t any two Jus t ices m a y ascertain and fix in open Cour t in P e t t y Sessions w h e t h e r any and wha t r emunera t ion shall be paid to t h e person des t roying such sheep and m a y give to any such person a certificate in t h e form of t h e Schedule hereto marked E A n d on the presenta t ion or t ransmiss ion of such certificate to t he Colonial Treasurer t h e a m o u n t there in specified shall be paid by h im to such
person or his order out of t he fund hereinafter ment ioned Provided t h a t before g r a n t i n g any such certificate t he Jus t ices shall be satisfied by sufficient evidence of t he des t ruct ion of such sheep and of t he
cost incur red in the i r destruct ion. 8. Every person appointed by any Jus t ice to examine sheep who shall wilfully m a k e any false repor t or false certificate to any Jus t i ce respect ing such sheep shall be gui l ty of a misdemeanor and on convict ion shall be imprisoned for any period not exceeding two
years wi th or wi thou t h a r d labor. 9. Every person who shall wilfully communica te or cause to be communica ted to any sheep the disease called the scab shall be gui l ty of a misdemeanor and on conviction shall be imprisoned for any period not exceeding two years wi th or w i thou t h a r d labor.
10. The owner of any sheep which shall become infected wi th t he scab shall immediate ly on such infection becoming k n o w n affix a t each point of en t rance of any publ ic road Avhich may intersect t he r u n a not ice signed by h i m and wr i t t en in dist inct legible; charac ters not
1
less t h a n one inch in length s ta t ing t h a t t he scab has b roken out upon such r u n A n d every such not ice shall be dated on the day on which it shall be so affixed and shall be kep t so affixed for six m o n t h s after t h e des t ruc t ion of t he sheep so infected A n d every owner of sheep which shall become so infected who shall neglect or refuse to cause such notices to be so affixed and kep t affixed shall be liable to a pena l ty not exceeding fifty pounds .
1 1 . Every person who shall knowingly depasture or cause or
permi t to be depastured any sheep upon any r u n on which any infected sheep shall have been destroyed unde r th is Ac t wi th in three m o n t h s after such des t ruc t ion shall for such offence be liable to a pena l ty no t exceeding one hund red pounds and a fur ther penal ty of t en pounds for every clay of such sheep being so depastured on such r u n after the first offence.
> 12. Al l t ravel l ing sheep shall be legibly branded wi th p i t ch t a r or pa in t in a le t ter or le t ters no t less t h a n th ree inches in l eng th A n d every owner of sheep which shall be so t ravel l ing wi thou t be ing a t t h e t ime so b randed shall for every one of such sheep be l iable to a pena l ty not exceeding sixpence Provided tha t sheep dr iven from one
r u n
| r u n to any o ther r u n of t h e same owner no t | be ing more t h a n | forty |
| miles apa r t | shal l no t be deemed t rave l l ing sheep wi th in th i s | Act . |
13 . The person in charge of any sheep impor ted in to any sea por t e i ther coastwise or from par t s beyond the seas shall r epor t in wr i t i ng t h e fact of such impor t a t ion as soon as pract icable after their a r r iva l to some Inspec to r appoin ted as hereinaf ter ment ioned a t or neares t t o such seaport and shall no t remove such sheep from such seaport u n t i l t h e y shall have been first shorn and t h e n dressed wi th
| such med icamen t s as shall be directed or approved by such | Inspec tor |
a t least t h ree t imes a t in tervals of two days no r un t i l a certificate to t h a t effect and also to t h e effect t h a t such sheep are no t infected wi th t h e scab shall have been delivered to t h e person so in charge by such Inspec to r and i t is hereby declared to be t h e du ty of such Inspec tor to m a k e t h e necessary inqui ry and examina t ion a n d to g r a n t such certificate in all cases whe re t he same shal l be in accordance wi th the facts A n d every person who shall r emove or cause to be removed any sheep so impor ted wi thou t hav ing first obtained such certificate shall for every sheep so removed be liable to a pena l ty no t exceeding t h i r t y pounds Prov ided t h a t such impor ted sheep a l t hough so infected if and so long as t hey are k e p t in a secure stable or shed approved by such In spec to r shall no t be l iable to des t ruc t ion u n d e r t ins A c t on
| accoun t of | such infection u n t i l t h e | expi ra t ion | of t h ree | m o n t h s | after |
| the i r | impor ta t ion . | ||||||
|
N e w Sou th "Wales from t h e Colony of Vic tor ia un t i l t h e owner or person in cha rge thereof shall have first p rocured from some such Inspec to r a certificate s ta t ing t h a t such sheep are no t infected wi th
| t h e scab | A n d i t shall be t he d u t y of t he Inspec tor a t or | neares t |
t o t he place a t which i t is in tended t h a t any sheep shall be b rough t across t h e said boundary line to examine such sheep and to give such certificate in all cases where t he same shall be in accordance wi th t he facts A n d every person who shall b r i n g or cause to be b r o u g h t across
| t h e said bounda ry l ine | any sheep wi thou t hav ing obta ined | such cert i |
| ficate | shal l for every sheep so b r o u g h t be liable to a pena l ty | no t |
| exceeding | five | shi l l ings. |
15 . The Governor w i th t h e advice of t h e Execu t ive Council
m a y appoin t fit persons in such seaports towns or o ther places as m a y be deemed expedient to be Inspec tors for the purpose of examin ing sheep a n d assis t ing general ly in ca r ry ing in to effect t h e provisions of
| t h i s Ac t | A n d such Inspec to r s shal l be paid out of t he fund | hereinafter |
| men t ioned | such | reasonable | salary | or o ther r emune ra t i on as t h e |
| Governor w i th t h e advice of t he Execu t ive Council m a y | direct . |
| 16. I f such Inspec tor shall have reasonable g rounds to suspect t h a t any sheep are kep t upon any r u n | con t ra ry to t he provisions of |
| th i s Act | he m a y | en te r | t h e r e u p o n | and examine t h e | sheep | depas tured |
t he r e Provided t h a t such Inspec tor shal l have first left a not ice in wr i t i ng at t h e residence of the owner a t least twenty-four hours before; such en t ry s ta t ing his in t en t ion so to en te r and examine A n d in tin; event of such Inspec tor finding on such r u n any sheep infected wi th t h e scab he shall wi thou t delay depose to t he same on oath before flu; neares t Ju s t i ce who m a y thei 'eupon proceed in t h e m a t t e r as directed in t h e fifth section And every owner or o ther person AVIIO shall remove any sheep so t h a t they cannot be viewed by such Inspec tor or in any way obs t ruc t such Inspec tor in t he discharge of his du ty shall for every such offence bo liable to a penal ty not exceeding twen ty pounds .
17. A n y Inspec to r ei ther wi th in or w i thou t t h e seaport t own
or o ther place for which he is appoin ted may stop and examine all t rave l l ing sheep and in case he shal l find any such sheep infected wi th t he scab may cause the i r immedia te removal to some appropr ia te place
4 s—VOL. 4. in
in t h e vic ini ty where they can be convenient ly k e p t un t i l destroyed A n d such sheep m a y be destroyed accordingly u p o n t h e i ssu ing by any two Jus t i ces of a certificate as provided by the s ixth section and subject to all t h e provisions of t h e same section A n d every shepherd or o ther person in charge of t rave l l ing sheep who shall refuse to allow any such sheep to be examined or destroyed by any Inspec tor or in any way obs t ruct any Inspec to r in t h e discharge of his d u t y shal l for every such offence be l iable to a penal ty no t exceeding five pounds A n d every shepherd or o ther person who shall remove or a t t e m p t to remove any sheep detained by any Inspec to r for t h e purpose of be ing destroyed shall be gui l ty of a misdemeanor and on convict ion shal l be imprisoned for any period not exceeding one year wi th or wi thou t
ha rd labor. 18. E v e r y Inspec tor w ho shal l refuse or wilfully neg lec t or unreasonab ly delay to perform any of t h e duties hereby imposed u p o n , h im or which he m a y be appoin ted to discharge u n d e r th i s A c t or who shall be gu i l ty of any misconduc t in t he performance thereof or who shall wilfully abuse t h e powers and au thor i ty he reby in t rus t ed to h i m shall for every such offence be l iable to a pena l ty not exceeding twen ty pounds .
19. Eor t h e purpose of ca r ry ing th is A c t in to effect and pay ing
all compensa t ion money salaries r emunera t ions and t rave l l ing expenses hereinbefore men t ioned such and so m u c h of t h e moneys pa id raised
or levied u n d e r t h e Ac t s of Counci l e igh teen th Victor ia n u m b e r twenty- six and n ine t een th Victor ia n u m b e r twenty-seven or e i ther of t h e m for t he purposes thereof as still r emain unapp l i ed to such purposes or which would if t h e said las t -ment ioned A c t remained in force be applicable to t h e purposes thereof shal l be a fund out of which u n d e r
w a r r a n t of t h e Governor which the Governor is hereby au thor ized to g r a n t t h e Colonial Treasure r m a y and shall m a k e all p a y m e n t s au tho rized to be m a d e by th is Ac t b u t no claim shal l be m a d e for any such
p a y m e n t after such fund shall have been exhaus ted .
20. Al l penal t ies u n d e r th i s A c t m a y be recovered before two
Jus t i ces a n d t h e p a y m e n t thereof enforced by distress a n d sale as by
Jus t ices in o the r cases A n d if any pena l ty be n o t paid or sufficient goods levied upon a n d sold to m e e t t he a m o u n t thereof t he p a r t y con victed m a y by order of t h e same or o ther two Jus t i ces be imprisoned for any t i m e no t longer t h a n six m o n t h s unless t h e pena l ty and costs be sooner paid.
2 1 . This A c t shall con t inue in force u n t i l t h e thir ty-f i rs t day of
December one t h o u s a n d e ight h u n d r e d and s ixty a n d shall be styled and m a y be cited as " The Scab in Sheep A c t of 1858 . "
S C H E D U L E A.
Certificate of Destruction of Sheep.
W E the undersigned A . B . and C. D. Just ices of the Peace for New South Wales do hereby
certify tha t it has been duly proved before us tha t (here state number) sheep above the age of six months the property of E . P . lately depasturing at (state name of run) were on the
day of instant (or last) duly destroyed And we certify that also
it was further proved to our satisfaction tha t such sheep were a t the t ime of their destruction infected with the disease called the scab and tha t previous to their destruction the notices required by law were duly served and the provisions of the Scab in Sheep Act of 1858 duly complied with by the said E . F .
Dated at in the Colony of New South Wales this
day of A .D. 185 .
A. B . J . P . G. D. J . P .
SCHEDULE
S C H E D U L E B . Warrant to examine Sheep.
TnESE arc 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 sheep specified below are now running and to cause them to be driven to the most convenient par t or parts of such lands for the purpose of examining them and to thereupon examine them in order to ascertain if they arc infected with the disease called the scab.
| General description of | Where | Name | Name |
sheep now running or of person in ostensible of supposed and number. being. possession. owner.
Dated at in New South Wales this day of
A . D . 185 .
| To Mr. | A. B . | J . P . |
and his Assistants.
S C H E D U L E C. Certificate of Sheep being infected.
(To be indorsed on preceding Warrant.)
I T H E undersigned A. B . (or we the undersigned A. B. and C. D. as the case may be) do hereby certify tha t pursuant to the within warrant to me (or us) directed I (or we) this day (or on the day of ) examined the sheep within mentioned and I (or we)
| further certify tha t the said sheep (or | thereof) | (mentioning | the number) | are |
| infected with the disease called the scab. |
Given under my hand (or our hand*) at in New South Wales this
day of A . D . 185 .
S C H E D U L E D. War-rant to destroy Sheep.
| for the Colony of New South Wales tha t t he sheep specified below are infected with the | W H E R E A S i t has been duly proved before us A . B . and C. D. Esquires Just ices of the Peace |
| disease called the scab Now these are to authorize you and your assistants a t 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 par t of them. |
| General description of | Where | Name | Name |
sheep now running or of person in ostensible of supposed and number. being. possession. owner. •
Given under our hands and seals at in New South Wales this
day of A . D . 185 .
| To Mr. | A. | B . | J . P . |
and his Assistants. C. D. J . P . S C H E D U L E
S C H E D U L E E .
Certificate of Costs of destroying Sheep.
W E the undersigned A . B . and C. D . Just ices of the Peace for the Colony of New South
Wales do hereby certify tha t pursuant to a warrant directed by us to E . P . (or E. F. and G. II. as the case may be) the said E . P . (or E. F. and G. II.) with his (or their) assistants did on the day of instant (or last) duly destroy (here insert number)
sheep at in the said Colony A n d we further certify tha t we have fixed the remuneration to be paid for the destruction of such sheep at the sum of
Given under our hands at in New South Wales this day of
A D . 185 .
A . B . J . P . . C. D . J . P .
0
0
0