0006-Scab-in-Sheep-Act-No-6-of-4-Vic,-1840.pdf

.l That

it shall be lawful for the Tnsycctor of cattle h i n d s for an:; district within the Province or such other person as m a y be appointcc1 by t i l e Go-\-- q n o r which appointment

His

Escellcnoy is llerchy ;~ntllorixcl to m ; t k n i t w cancc.1 p

l

renew frdni tinw t o time as hc may dcem fit and such, 11isp~l.tc.r ctr other

or

lalnbs

or

_

^{the _-+ _ pi~rty}

^__

unl~r-!v&$argc. - .- l h c s : ~ t l l c - ~ n ; ~ ~ 1,c - s11,iII ^A ful.ri.iL : ; i 1's:; ,:l

penalty o f t t ~ ~ i shillings for :cvcry sltccp or lnnrb comlmsin;: t l r . 8 iI:<i.:, ^{:i 1,} l , ch : uch diseased shccp or Iltmbs aie fi;und over ancl nbow ally tlrgt:; p ; ~ ~ n b l e t U J ~ L I I ~ imlii,rr .:-

(:ovornor/by sunnwry procccdiag before the Rcsident h1a~istmtc or m y two Jur- tiecs

OT

^{t ! ~} Pcncr ad sh;!l be p i t 1 :! 4 applied i:. , . ^. :cr herei~nfter directctl.

&@Ad - r 1.

piu

^{a x t u p 1} his ! I n d ; n ~ t: ~ : m 1 - z to Le morc or Ic- , i : ~ a ctiser..cd ttitte to delivcr tL) t f ~ c pr >pricwr tlicrcr,f,or to tlic person in whew cilarse thc s a v e arc ^La notice ^-

- ciijoi~~ing _- the s:tid partics or either oF tlieni forthwitl~ _- to use the usual and approved _{- - ,} nlLkn-ls to clcnn or cure the said slxcp and if at the espiration of s&montliv the _{- -} said

~ha:-, d w n h s l d l still be fodnd in a-diseascd stcltc f r o k scab after such inspection

----I----,

nrd ii?;un:~!m slin!l Izzvr: bocn duly mnde the propric:or of such

&

the ^- _-- party repre-

7

scnti.:,: hiin i,l tXs c o l o n ~ shall bc 1Inblc in a p-.naltjr of two shillihgs and six pence

,

⁷

^{& ----}

_{for c v x j}

^---

_shccp ^-A_

_ar

lam5 so found in a diseased state bnless it shall appear to the

,

s~:I\Cicfhn of the _

__

Comn~insioner -- of Policc on -- the report of such Inrpcetor/lw other . ~ ~ ~ I i . i t % s a u d and a_pproved means

~ ~ I F S ;

used witllout success

G\ --

.l

& r -. L - h f ~ F n m F p c r i o d o f six months shall be grantcd to cornD&tc the

/ - -

cure

l.

~ r o v i t l e i that on t h c cxpiration of the second period of six &nths no f d m estcnsioa of time s11a11 be granted incl ^(L penalty of five shillings shall bc cx- acted fortltwith on the expiration of the said period and a similar penalty shall bc incarrcd and exaclerl once in every year thereafter so long as any "of the said d m p or i a m h siinil be found in a discased state as aforesaid w l k h penalties shdll b,: rtcovt.ral)l:, in manner hercin provided.

111. That tlic snid Inspector or otlic; p c m n appointed as aforesaid shall and may cnusc snch reports or abstracts of tlic particulars thereof to bc from time to time puJlislwl

---

in the G o c c r n m c n t C a x t l c , --- -- ^p oncl from and after such publication any , perm1 or Vcrsons purchasing any such flock in which diseased sheep or Imlbs may bc contained shall be cqunlly liable in the penalties bcforc enacted as tlic principal proprietor ~vould have been if such flock had rcmaiiled in - - his pos- sussion and in any Icgal proceedings for tlic recovery of such penalties a p i n s t such purclmer it shall bc suEcicnt to provc tlic purcliase of the diseascd flock witliout cvidc;icc of the identity of the sl~ccp rcfcrrcd to in such report or of

tlicir being actually at the tiinc in tlw possession of SW!-i purchaser.

takc plncc.

V,

That whcrcvor any ~ l ~ c c p 0 1 - lambs inftlctcd wit11 tllc: snid disc:so callcc1 t l ~ c scab shdl t c t m m ? out kept or dcpnstulul u1,on any

I C I ~

V J ~ ~ ~ \ ~ E O C \ C L ' vrithin the

- .-. - - - _ - -F-*

limits .

r&d tfi:r t!~e cause :hLll have 1 cc11 l~carcl and determined in a summnry way ^2s here- by proviclcd and if any such nctioil or siut ^~11311 be brought for such cnusc it s ! d l bc lawful for tllc d c f c n d ~ n t o;. dcfcii~lnnts to hpply to the court wherein such octicn or suit shall be brought to stay ~~rocecdings and such court is hereby required to stay such proccedIn,rr$ occorcli~~gly and to award buch reasonable costs as

shdl

'35 there- by incurred LJ sutli dctl.ada~:t or d~f~':idants.

V I I I .

That upon i ~ ~ i u r u i a t i m made Lcforc any Justice of the Peace by any proprktor u r overbccr in chnrgc of s l m p o r lambs or other person that flocks are -

;infected with the said discnse and arc t u n d out kept dep&ured driven or con- ducted contrary to t l i ~ provisions of t!~is act it slml! bc _. lawful ,. ^L 'for suck Justice to g r m t 3 warrant under 11;s liarid to some C t and proper'person to be named by t

such Justice in the ,:.arrant t o autliorisc i i m G d ,the lnsp&or of the district or ^"

other person z~pointed ar n f j r a s : . ~ is lmclly outliorised'te ernmine such flocka cnd

if

necessary to cause tllc snnic to bc driven to the ccarest pen whero the scmn are ordiimrily kept f ~ r examination and ady proprietor or person in the

c

c h a r ~ e of such shccp or lambs who shall refuse to allow the same to be eszmined . ,

or s21311 refusc or neglect wllcn so required to cause then1 to be drIven to the nearest pen for esanlinatio~i s l i d be subject to such and the like fines acd peualtiea

as, by this act are iniposcd a i ~ d inflicted for turning out keeping depasturing driving or codnctin: atiy $sheep or lambs contrary to the provisions hercof.

IS. _Tiut

_{every person wit!~ix t113 Provi~lce owning c r Ilaving in his} possession on the first days of June :aid h'oucmlcr respectively in any p r any nurnber

of sheep li.hatsucver slid1 c t lenst once ill every half-jear on or witllin one , month before t l ~ 1st day of July aild 1 s t day of January respectively transmit to the

r.ewest Inspector of the district or other person a p p o i n t d as aforesaid a correct retcirn certjfred by his s i p a t u r e of the nuinber cf sheep so owned or pm- sessed by l h i w\-it!l rr particular descriptio:~ thereof npecifj+ing the brands or marks of such simep a i d if any person s h d l possess an? number of sEeep without so transnlitting su-11 rctnrn he shall fur evcry scch offence forfeit . and pay ^a penalty of Five Poui~ds : Provided aIways that the Commissioner of Police or other officer appointed as aforeskid sliall cause to be inserted at lenst cncc in the Got-cr/,mrfit C;axt{c. and in each of the newspapers pxblished in AdeIaide a t least ; zllontll bcforc each of the first days of J e ~ u a r y and July respcetivcly a notice iatimatiny that the rcturns hereby requirzd will be due and calliug upon all parties concerned to furnish scch returns in

terms of this ,4ct. >

S. That such

Inspector

or ot!ior officer shall so scjcn as conveniently may bc after the certified returns arc lodgecl cause to be entered in a book to be kept _, for t l ~ t purpose correct copics of the same fur public irispection the $aid entries

to bc made in alphabetical order according to the flrst lfttcr of the surneme c!

the party owning or possessing such sl~ccp ;ad sliall file znd carefu3y Lccp the originals .and prodltcc tllc samc or the copies thercof whenever requiicd by ^an)- party hnvin;; i:btt.rcst on paylnellt ~f a frc of Fivc Shillings.

XI.

T ~ u t all ofi'enccs aglinst t!lis. act shrril be heard and deterrnked ^2nd all flncs and penalties incurred under the s m e sllnll bc Icvicd anti recovered in rnanricr dircctcd by an Act ^of tlic: Govmlur i n Council pissed in the Third year of IIcr Majesty's lluign No. 10 intituhd " A n Act for d e c l a ~ i n ~ the law ir.

curtain CLCSCS and for an~ending an Act of Council passed i n thc firs? year of H e r

prcocnt Majesty's Reign iutitulerl an Act for rcgtdatiug the coasfjtution c f Jurinr m '

for

ptewnting the

failure of justice in case of summary proceedings befbre

of the Peace."': .4nd

in

all

such proceedings it s h l l be unnecessary to

dence as. to the identity of the sheep alleged to have been found and uncured at the respective times mentioned in the said proceedings

all

be suficient to prove the possession by the party complained against

diseased

flock and the number of diseased or uncured sheep 2nd !amby therein at the respective times mentioned as aforesaid,

XXI,

That if any person convicted of any offence or offences punishable

'Act

befor6 any one _or more Justice or Justices of the Peace as afore-

all

think

1Gmdf

or herself aggrieved by the judgment of such Justice or

h

person s h d have liberty to appeal from such conviction to the of Quarter Sessions of the Peace which shall be held nearest to the

where such

affenee s h d have been committed and that the execution of

judgment

so appealed from shall be suspended in case the person so

d

shall with two sufEcient sureties immediately before such Justice or enter into s bond or recognizance to Her Uajesty her heirs and ora

in the

penal sum

of

double the amount of the penalty so incurred or

d

which bond or recognizance respectirely such Justice or Justices is and rised

and

required to take and such bond or recognizance shall o prosecute such appeal with effect and to be forthcoming to e the'judpnent and determination of" the said Court of Quarter Sessions and

pay

such cast3 as the said Court sliall award on such occasion and the ces at the said Court of Quarter Sessions are hereby authorised and required ear

and

determine the matter of the said appeal and to award such costs as

o them

shdl'appear

to be just and reasonable to bo paid by either party and

m&

decision shdl Le final between the said parties to a11 intents and purpses ^:

ed

dwnys that no appeal shall be allowwl from any conviction under the sons of this

Act

in any case wherein the penalty or sum awarded to be

shall,

npt e x c e d the s ~ r n of ten pounds.

-

XIXI. 'That

no consiction shall be

h d

under this Act

in

any ease happening

&ore

^L, than-one month before the time of laying the complaint. _.,

That

no action at law shall lie against any Justice of the Pcacc or

&n&ble

for any ~ n n t t e r or thing which may be done or commanded by them

or

any of them in pursuance of the provisions of this Act uxlless tllerc be direct

,

^of corruption or malice and unless such action bc coniluenccd within one '&n&w month after the cause of action or complaint shall have arisen and if

Justice or Constable shall be sued for any matter or thing done in pursuance

$(

&is Act the defendant or defendants in any such action may plead the issue and give this Act and the special matter in evidence.

I

XV.

That no order or judgment or otlrcr proceedings m d a touchin: and

mnci.ming

any of .the matters aforesaid or touching and concerning tile conviction of any offender or offenders against this act shall be quashed or vacated fGr ,+ant

of form only or be renlovcd or renlovahle by certiorari or any ottrer writ or process whatsoever into the Supreme Court. ⁸

XV. That

all fines and penalties which sh:ill be levied unclcr this nct s l ~ n l l be paid as

fallows

that is to say one third part to the I~lspector or other person appointed as dotesaid if informing and lcading to t ! ~ conviction ancl tllc remaining

6 . .

rrmaiuing two

third3

10 the Colonial Trcnsnrcr and in crse of there l c i n q no

&

Q

: informstion then

th:

whole to the Colonial Treasurer for behoof of Her Majesty her heir0 and succcsscrs to be applied t o the public uses of the Province and thc support of the Governrncnt thcreof: Provided alwiys that it

&.all be lan.ful

for

thc Gorcrncr to remit

dl

^{s ~ c h} fiaes and pendties in

qhole

or in

pat.

XVII. ^That

^{except cs i s} bdorz pro~ickd this act shall commence and take ^' effect on the 1st. day of January

One

Thousand Eight-hundred and

forty one.

GEORGIJ GAWLER.

Pamd

in Council this eighth d a r

of

December 1840. ^P

0

I

GEORGFJ HALL,

Clerk of Comcil.

8CHEDULS

REFERRED

TO _{I N} THE FOREGOIXG ACT,

..

.

Notice by In~pector of Diseased RocLs.

1

Take

notic0 $hilt in terms of an Act of the Governor in Council, 4th, Victoria ^ATo, 6. &#for the estwsion

of

the infectious disease called

the

scab

in sheep or

lambs"

I

having visited and inspected the flocks belonging

to

now depasturing at

find to the beat

of

my judgment that

nader

the charge of

fie said flocks coatain sheep and lambs discascd from scab to the number of

And I

^{enjoin you forthwith to use the}

usrul and approved

means to clean or cure the said sheep : and if at tllc ~ s p i r i ~ * i ~ n of six 'inontlls the said sheep

or

lambs shall

still be

found in n diseased s t i ~ t e from scab the rop.ietcr of

the &aid sheep

or the party representing him in this colony v i l l

!I

^{e liable iq}

a

penalty

of one shilling for every sheep or lamb so found i n rr diseased stair?

unless

i t

shall

appear that the usual and aplrroved mmns of cure hare beeq used without success.

Dated

S i p c d

I

iispcc tar

Shepherd or A p n t .

For

Mr.

Proprietor a? the f l p k n t

: . - ? . h - > . . : ' . ^{..* .> -} - ^{r.-F .} . . .. . . . " C.. : , W 7 " . ,"-..-c, W,. . - * + ~ . L ~ % * x a - * . * - . ~ ? ~ h Y . x , r . , . ~ ~ i . P w m a

- -. .. . . . -- ^:~-.U -.".W-.- -

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