No. IX.
An Act for the prevention of Scab in Sheep.
[26th March, 1861.]
| WH E R E A S it is necessary to renew t h e measures heretofore | adopted for checking t h e spread a m o n g sheep of t h e disease |
| called t h e Scab a n d to ex tend such measures | B e i t therefore enacted |
by t h e Queen ' s Most Exce l len t Majesty by and wi th t h e advice and consent of t he Legislat ive Council and Legis la t ive Assembly of New South W a l e s in Pa r l i amen t assembled and by the au thor i ty of t h e same
1 . The following terras in inverted commas shall for t he
| purposes of th i s Ac t | bear t h e mean ings set aga ins t t h e m respectively |
| unless t h e contex t otherwise | ind ica te— |
| " Run " — A n y r u n s ta t ion or o ther place where sheep | are |
kep t and depas tured
| " O w n e r " — A n y | owner | propr ie tor | lessee | licensee | overseer |
super in tenden t or person in possession or charge
| " | Sheep " — A n y r a m ewe we the r or l amb |
{"Any sheep infected wi th a disease called
" Infected sheep " — { Scab or sheep t h a t shall form p a r t of a
{. flock so infected
| " Pub l i c road " — A n y road or o ther way ordinar i ly used by | the |
publ ic for six years a t least w i t h o u t successful opposition from the owner of t he land or any way over which sheep cat t le horses or drays have been usua l ly or commonly
| {Sheep | dr iven or carr ied a long or over |
| any | place o ther t h a n t h e r u n on |
| " T r a v e l l i n g | sheep" | —{ |
{ which they are ordinar i ly kep t and
| " | Des t roy " — E n t i r e l y to | consume | by fire | or | ent i re ly to | bu r y |
th ree feet at least u n d e r ground.
2. Al l sheep infected wi th t h e disease called t he Scab shall be
destroyed wi th in one m o n t h after t he owner shall have become aware
t ha t such sheep have become so infected A n d such owner shall be
| l iable to a pena l ty n o t | exceeding two shil l ings and | sixpence for every |
| such sheep no t destroyed wi th in t h a t period | A n d | th ree days a t | least |
| before such sheep shal l be des t royed a not ice in wr i t i ng shal l be | left |
a t each of t h e adjoining r u n s a t t he residence of t h e owner thereof s t a t ing t h e day hou r and place a t which it is in tended to destroy such sheep and t h e n u m b e r in tended to be destroyed Provided t h a t sheep
| so infected m a y upon t h e s ta t ion of thei r | owner b u t no t | elsewhere be |
shorn or boiled down wi th in one m o n t h and the i r skins fel lmongered and t h e wool or skins securely packed in bags or bales a n d thereupon a n d so packed b u t n o t otherwise conveyed to the i r dest inat ion for sale
| or expor ta t ion | Provided also t h a t every such bag or bale shall |
| besides o the r u sua l m a r k s be m a r k e d | in red wi th t he le t ter | S. |
| 3 . U p o n | appl icat ion m a d e by a n y owner | whose sheep | shal l |
have been destroyed unde r t h e Past section a t any t ime wi th in one m o n t h thereaf ter any two Jus t ices in P e t t y Sessions shall e i ther a t
| once or on some fu ture | appointed day n o t la te r t h a n four teen | days |
after such appl icat ion m a k e inqu i ry in open Court t ouch ing t h e infection and des t ruct ion of such sheep and t h e compliance of t h e appl ican t with all t he provisions of th i s Act A n d if satisfied t ha t
| t h e r equ i red not ices 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 he last section and t h a t al l o ther t h e provisions of th i s Ac t in th i s behalf have been complied wi th t hey shall t he reupon b u t no t otherwise sign and deliver to t h e appl icant a certificate in t h e form of t h e Schedule he re to m a r k e d A and on the presenta t ion or t ransmiss ion of such certificate to t h e Colonial Treasure r t he r e 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 h e funds hereinaf ter men t ioned a sum at t he r a t e of four shill ings for every sheep and two shil l ings for every l a m b so destroyed Provided t h a t no such certificate shal l be given for any sheep which shall have been boiled down or t he wool or skins thereof m a d e use of as aforesaid nor for any sheep which shall have crossed the bounda ry from t h e Colony of Victor ia wi th in six m o n t h s nex t previously to t h e day of the i r destruct ion.
4. I f i t shall be made to appear to any Jus t i ce upon informat ion
on oa th or affirmation or upon t h e view of himself or any other J u s t i c e
t h a t t he re is reasonable cause to believe t h a n any sheep infected wi th
| t he Scab are on any r u n or elsewhere con t ra ry to t h i s A c t such | Jus t i ce |
m a y issue a w a r r a n t in t he form of t he Schedule he re to m a r k e d B directed to some fit person the re in named au thor iz ing h i m to examine such sheep and if necessary to cause t he same to be dr iven to t h e nearest pen where they are ordinar i ly kep t or to some other convenient place for examina t ion A n d every owner of such sheep who shall refuse to allow such person to en te r on any of his lands or to allow such sheep to be examined or w ho shal l refuse or neglect w h e n so requi red to cause t h e m to be dr iven to t he neares t pen or o ther con venient place for examina t ion shal l for every such offence be l iable to
| a pena l ty not | exceeding t w e n t y | 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 m a n a g e r s two to be appoin ted by such Bench and two by any pa r ty owning sheep arres ted u n d e r th i s Ac t m a y inqu i re in to t h e m a t t e r A n d m a y appoin t if deemed necessary some fit person wi th in the i r special jur i sd ic t ion to be Inspec to r for t h e purpose of examin ing the sheep of such suspected p a r t y a n d to assist general ly in car ry ing in to effect t h e
| provisions of th i s A c t | A n d u p o n a certificate unde r t h e h a n d s of | any |
two Jus t i ces of such Bench be ing produced or t r a n s m i t t e d to t h e Colonial Treasurer the re shal l be paid by h i m out of t h e fund herein after men t ioned to Inspec tors appoin ted u n d e r th i s and t h e preceding
| clause or the i r orders a sum at the . r a t e one p o u n d by t h e | day | for |
| the i r services together w i t h such fur ther reasonable sum for t rave l l ing |
expenses as t h e Bench m a y de te rmine and as may be men t ioned in
such certificates.
| 6. A n y | two Jus t i ces in P e t t y Sessions nea r to | t h e place a t |
which such sheep shall have been examined on receiving from any person so appoin ted to examine t h e m a certificate u n d e r his h a n d in t h e form of t he Schedule here to marked C indorsed on t h e before- ment ioned w a r r a n t s ta t ing t h a t such sheep are so infected m a y cause
| a t r u e copy of | such certificate and w a r r a n t at tested u n d e r the i r | hands |
wi th a m e m o r a n d u m indorsed the reon s ta t ing t h a t unless such certi ficate be disputed wi th in fourteen days the said sheep will be destroyed to be served on the i r owner b y leaving the same a t h is residence A n d if w i th in fourteen days after such service no objection be made as hereinaf ter provided such Jus t i ces or any o ther two Jus t ices s i t t ing
| in the | same Pe t ty Sessions may issue a w a r r a n t | in t h e form of t h e |
| Schedule | here to | m a r k e d D directed to any person s igning such cert i |
ficate au thor iz ing h i m for thwi th to destroy such infected sheep A n d every person who shall resist or a t t emp t to resist t h e execut ion of any such w a r r a n t shal l be l iable to a pena l ty no t exceeding fifty pounds
Provided
| Provided t h a t if any owner on w h o m any such copy certificate | a n d |
| w a r r a n t | shal l | have been | served shal l wi th in four teen days after | such |
| service | serve on t h e Jus t i ces | a t t es t ing | such | copy a not ice | in wr i t ing |
| s t a t ing t h a t | he d isputes t h e correctness of such certificate i t shall | be |
lawful for such Jus t i ces to appoint a t i m e to inqu i re in to t he correctness of such certificate a n d such inqu i ry shall be he ld in open Cour t in P e t t y Sessions A n d if t h e same or any o ther two Jus t i ces after m a k i n g such i nqu i ry shal l 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 a n d deliver to 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 not ice of objection
| had been served upon t h e m wi th in t he t i m e l imited for t h a t | purpose . |
| 7. On t h e des t ruc t ion of any | infected | sheep p u r s u a n t | to | any |
| such w a r r a n t a n y two Jus t i ces may ascertain | a n d | fix | in open | Court, |
| in P e t t y Sessions whe the r any a n d w h a 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 he form of t h e Schedule here to | m a r k e d | E | A n d | on |
| t h e presen ta t ion | or t ransmiss ion of such certificate to t h e | Colonial |
| Treasurer t h e a m o u n t the re 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 h e Jus t i ces shall be | satisfied |
| by sufficient evidence of t h e des t ruc t ion of such sheep and of t h e | cost |
| incur red | in | t h e i r | des t ruct ion. |
8. E v e r y person appointed b y any Jus t i ce to examine sheep who shall wilfully m a k e any false repor t or false certificate to any Jus t i ce respec t ing such sheep shall be gui l ty of a misdemeanor and on conviction shal l be impr isoned for any period n o t exceeding two years
| with or w i thou t h a r d | labor. |
9. Every person who shal l wilfully communica te or cause to be
communica ted to any sheep t h e disease called t h e Scab shall be gui l ty
of a misdemeanor and on convict ion shall be impr isoned for any period
| n o t exceeding two years w i th or wi thou t h a r d | labor. |
10. The owner of any sheep winch shall become infected w i t h t h e Scab shall immedia te ly on such infection becoming k n o w n affix at each point of en t r ance of any publ ic road which m a y intersect t h e r u n a not ice signed by h i m and wr i t t en in dist inct legible charac te r s no t
| less t h a n | one i nch in l eng th | s t a t ing t h a t t h e Scab has b roken out | upon |
| such r u n | A n d every such not ice shall be da ted on t h e day | on | which |
| i t shal l be so affixed and shal l be kept 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 shal l neglect or refuse to cause
such not ices to be so affixed and kep t affixed shal l be l iable to a penal ty
not exceeding fifty pounds .
| 1 1 . E v e r y person who shal l knowing ly depas ture or cause | or |
pe rmi t to be depas tured a n y sheep upon any r u n on wh ich any infected sheep shall have been destroyed unde r this A c t wi th in th ree m o n t h s
| after such des t ruct ion shal l for such offence be liable to a pena l ty | no t |
exceeding one h u n d r e d pounds a n d a fu r ther pena l ty of t e n pounds for every day of such sheep be ing so depas tured on such r u n after t he first offence.
12. A l l t ravel l ing sheep shal l be legibly b randed with p i tch t a r
or pa in t i n a le t ter or le t ters no t less t h a n three inches in l eng th A n d every owner of sheep which shall be so t rave l l ing wi thou t being a t t h e t ime so b randed shall for every one of such sheep be liable to a pena l ty no t exceeding sixpence Provided t h a t sheep dr iven from one
| r u n to any other r u n of t he same owner n o t be ing more t h a n | forty |
| miles apa r t shal l no t be deemed t ravel l ing sheep wi th in | th i s | Ac t . |
13 . The person in charge of any sheep impor ted in to a n y sea
por t ei ther coastwise or from pa r t s beyond the seas shal l r epor t in
wr i t ing
| wr i t i ng t h e fact | of | such impor t a t ion as soon as p rac t icab le | after | the i r |
a r r iva l to some Inspec to r appoin ted as hereinaf ter men t ioned a t or nearest t o such seaport and shall no t remove such sheep from such seaport u n t i l they shal l have been dressed w i t h such medicaments as shall be directed or approved by such Inspec tor at least t h r ee t imes a t intervals of two days nor u n t i l a certificate to t ha t effect and also t o t h e effect t h a t such sheep a re n o t infected w i t h t he Scab shal l have been delivered to t h e person so in cha rge by such Inspec to r a n d i t is hereby declared to be t h e du ty of such Inspec to r to m a k e t h e necessary i nqu i ry and examina t ion and to g r a n t such certificate i n all cases where t h e same shall be in accordance w i t h t h e facts A n d every person who shall remove 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 not exceeding t h i r t y pounds . Prov ided t h a t such impor ted sheep a l though so infected if and so long as t h e y are kep t in a secure s table or shed approved by such Inspec to r shall no t be l iable to des t ruc t ion u n d e r th i s A c t on
| account of such infection un t i l | t h e | expira t ion of t h r ee m o n t h s | after |
| 14. | N o sheep shal l be b r o u g h t | across t h e | bounda ry | l ines | in to |
N e w Sou th W a l e s from t h e Colonies of Victor ia or Queens land respec- t ively u n t i l t h e owner or person in charge thereof shal l have first p rocured from some such Inspec tor a certificate s t a t ing t h a t such sheep are no t infected w i t h t h e Scab A n d i t shall be t h e d u t y of the
| Inspec tor | a t or nearest to t h e place a t which i t is in tended t h a t | any |
sheep shal l be b r o u g h t across t h e said bounda ry lines respect ively t o examine such sheep and to give such certificate in all cases where the same shall be in accordance wi th t he facts A n d every person who
| shall b r ing or cause to be b r o u g h t | across t he said boundary lines |
| respectively any sheep | w i t h o u t h a v i n g obta ined such certificate | shall |
| for every sheep so b r o u g h t be l iable to a pena l ty n o t | exceeding | five |
| shi l l ings | Provided t h a t all such sheep shal l before pass ing such |
| b o u n d a r y from t h e Colony of Victor ia | be | legibly b randed | wi th p i tch |
| t a r | or | pa in t | w i t h | t h e le t ter V a n d before pass ing such boundary of |
Queens land wi th t he le t ter Q not less t h a n t h r ee inches in l eng th respectively and tha t such b r and shall bo cont inued or if necessary from t ime to t ime renewed dur ing t h e whole per iod of six m o n t h s after they shal l have so passed the boundary in default whereof t h e owner shall be l iable for every omission to t h e pena l ty of sixpence for
| each sheep | Provided also t h a t no owner of any such sheep shal l be |
| ent i t led to a n y compensa t ion | for | t h e | des t ruct ion | thereof | unde r | th i s |
| A c t a t any t ime wi th in | such per iod of six | m o n t h s . |
| 15. | T h e | Governor w i t h t h e advice of t h e Execu t ive Counci l m a y |
appoin t fit persons in such seaports t owns or o ther places as m a y be deemed expedient to be Inspec tors for t h e purpose of examin ing sheep and assis t ing general ly in ca r ry ing in to effect t he provisions of th i s
| A c t | A n d such Inspec to r s shall be pa id out of t he fund | hereinafter |
| men t ioned such reasonable salary or o ther r emune ra t i on | as | t he |
| Governor wi th t h e advice of t h e Execu t ive Counci l m a y | direct . |
16. I f such Inspec to r shal l have reasonable g rounds to suspect
| t h a t | a n y | sheep a rc | k e p t | u p o n | a n y | r u n con t ra ry to t h e provisions of |
| th i s | A c t | 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 to r | shal l have first left a no t ice | in |
| wr i t ing a t t h e residence of t he owner a t least twenty-four hour s | before |
| such en t ry s ta t ing his i n t en t ion so to enter a n d examine | A n d | in | t he |
| event of such Inspec to r finding on such r u n any sheep infected | w i t h |
| t h e Scab h e shal l w i t h o u t delay depose to | t h e same on oa th before t he |
neares t J u s t i c e who m a y t h e r e u p o n proceed in t h e m a t t e r as directed in t h e fifth section A n d every owner or o ther person w h o shal l r emove
any
any sheep so t h a t they cannot he viewed by such Inspec tor or in any way obs t ruc t such Inspec tor in t h e discharge of h is du ty shal l for every such offence be l iable to a pena l ty not exceeding twen ty pounds .
17. A n y Inspec tor c i ther wi th in or wi thou t t h e seaport town or
o ther place for which he is appointed m a y stop a n d examine all t rave l l ing sheep and in case he shal l find any such sheep infected wi th t h e Scab m a y cause the i r immedia te removal to some appropr ia te place in t h e vicini ty where they can be convenient ly k e p t u n t i l
| dest royed | A n d such sheep may be destroyed accordingly u p o n t he |
issuing by any two Jus t ices of a certificate as provided by t h e s ix th section and subject to all t he provisions of t he 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 Inspector or i n any way obst ruct any Inspec to r i n the discharge of h is du ty shal l for every such offence be liable to a penal ty n o t exceeding five pounds A n d every shepherd or o ther person who shall r emove or a t t empt to remove any sheep detained by any Inspec tor for t h e pur pose of be ing destroyed shall be gui l ty of a misdemeanor and on convict ion shal l be impr isoned for any period not exceeding one year with or wi thou t ha rd labor.
18 . E v e r y Inspec tor who shall refuse or wilfully neglect or unreasonably delay to perform any of t he duties hereby imposed upon h im or which he m a y be appointed to discharge u n d e r th i s Ac t or who shall be gu i l ty of any misconduct in t h e performance thereof or who shall wilfully abuse t h e powers and au thor i ty hereby in t rus ted to h im shall for every such offence be liable to a pena l ty no t exceeding twen ty pounds .
19. For t he purpose of ca r ry ing th is A c t in to effect and pay ing
| all compensat ion money salaries r emunera t ions and t ravel l ing | expenses |
| hereinbefore | ment ioned such a n d so m u c h of t h e moneys pa id raised or |
| levied unde r t h e Acts | of | Council e igh teen th Vic tor ia n u m b e r | twenty- |
six and n ine teen th Victor ia n u m b e r twenty-seven or e i ther of t h e m for t h e purposes thereof as still r emain unappl ied to such purposes or which would if t h e said las t -ment ioned A c t remained in force be appl icable to t he purposes thereof shal l be a fund out of which under w a r r a n t of t h e Governor which t h e Governor is hereby au thor ized to g ran 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 thor ized to be m a d e by this Ac t b u t no claim shal l be made for any such paymen t after such fund shall have been exhaus ted .