Scab in Sheep Act No 9 of 5 Vic, 1841

A N ACT

to amend and extend the provisions o f an Act intituled An Act for preventing the extension o j the infectious disease . common?y called the Scab in

Sheep

or Lambs in the Province of South Australia."

W H E R E A S an Act was passed by

His

Excellency the Governor of South Australia with the advice of the Legislative Council thereof in the fourth year of her present Majesty's reign intituled An Act for pre- venting the extension of the infectious diseaw commonly called the Scab in Sheep or Lambs in the Province of South Australia" And whereas it is expedient to amend and extend the provisiods thereof-

BE IT THEREFORE

ENACTED

by His Excdllency GEOUGE GREY Esquire 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

That is to say-

I. That it shall be lawful for the inspector of the district or such other pro- per officer as may be appointed in terms of the said Act and he is hereby required to prosecute and sue for the penalties by this and the said recited Act imposed and to execute the several powers and duties thereby committed to him of his own motive and knowledge without the necessity of any previous complaint or information being lodged or made and without the necessity of

reporting to the Commissioner of Police and such inspector or other proper officer aforesaid is also authorised and required to inspect periodically and exercise a vigilant superintendance over the flocks depasturing within the district to take efficient means for ensuring the eradication of the said disease and from time to time subject to the approval of the Governor in Council to make issue and enforce and alter cancel and again renew proper rules and regulations for that purpom the Name not being inoonriatent with the pro&

virrionr

vision8 of d &wpmbr or other prsper officer is also ery necessary informat~on to the owners se as to the most approved means of cure

- ^E requiring him so to do a proper place or

the waste or unsurveyed land in the said y remove or on which he may dopasture his the penalties of this or the sbid recited Act protection to the owners of clean flocks tanm to the ownels of diseased flocks for

P-lQonimpor- 11. And whereas the pen&lty imposed by the said recited A c t (second

O' di8ea8ed section) on the importation diseased sheep has been found excessive and

rbesp reduced.

it is expedient the same be altered Be it therefore Enacted That fiom and after the pa f this Act in lieu of the said penalty the proprietor or party under charge any 8oo.k of diseased sheep dhall be imported or introduced i e Province shall on conviction in 'terms of this and the said recited ~ c t g o r f e i t and pay a penalty of one shilling for every sheep or lamb composing thd flock in which the same are found.

"=

111, And whereas the p d a l t y imposed by the said recited Act (sixth section) on wilfully setting a@ larre diseased sheep is considered inadequate Be it Enacted that if any pedon 3hall wilfully set at large and abandon any sheep or lamb infected or :$ainted with the said disease to the danger of infecting other sheep with s ~ h disease every person so offending shall be liable upon complaint made U on oath by any proprietor or overseer in charge c# atly t h e p and upon canvi

8

^ion before any one or more Justices af the P a ~ m to forfeit and pay a pe$idty d fifty ppouds for every ilsch d e e p or b b _m pet $t larp and &&oned. _{' /}

Depaaturing d i c rued l e e p on land unleen the property of or rented by owner.

Penalty not more

" tbm €10,

IV. And be it Enacted t if any person shall after the twenty-fifth day of November next turn out p depasture drive or conduct or permit or auffer to be turned out kep astured driven or conducted any sheep or

1-bs infected with the ^S isease upon m y land whatsoever within the boundaries of this Pmvihc$ not being the property of such person or fbnbed by him or assigned to$irn as a run under any license ^OY authaiity

*hi& may be ~ssued under t$e sanction of the Government in that behalf

or E

tlag person shall drive or co@u:t or permit or suffer to be driven or knn&c?-

ted any sheep or lambs so infeded as afo'reaaid upon any public rottd o r q a y u ~ d

ss public way for driving s k e p from one part of the Province to another

&& nat crossing or passing t b u g h land owned or rented or assigned as s run

~ r , m& persun every shch pe+n shall u ou the corhplaint upon mth cif

K

p~&.etor or overseep in char* ofany ^S eep and upon bonvicticnl before one ^of more Justice or Justices of th Peace for the Province be liable to fbrfeit

and

pay for every such offence a penalty or sum not exceeding ten pounds nor less twenty Whgs together with all reasonable costs and chargas to be

~ n eby dthe Justice or justices before whom the conviction sbtlii take

llrab*

V.

P~oriae8 d ~ a y ~ that npthing in this or the saidreritatl Aet txifittiified

Exea tion of h 1 1 p v c h t W y *on frbm&ving or conducting o r permitting or sufferitrg

!l

mat tb %I! drittCn br e o a d u W tiny shee or lambs so infect erl as afbre8itid t%b

arme

being duly s h m and dresaetf upon any public road or my used as 8 wtr fM t h dPivSn$ of sheep from one part of the Prmince tb snotba

th

l

^menth

^of

kbbruarysin each and every p a r trr under the g a n ~ t i ~ s i&p&oi M othblr pope* ^&W bbtained

in

manner ahnmentiond

41. T M d d *so %%h be i t firthet '&naWb91 !#%at ivh4.n and so o b n

my For other fem0~81 timr in- at

R may b e n b w s a r y tb femove ?toy flock diseased &eep from one ,pertar on

pea% at the Province t b another tit any time &her within the said month *proof of necewity

a F P e b ~ a r y the owner ot person in charge of '8ock Or some parson and of fiock*b%

d?rtnised by him shall cause the sam 3 to be shorn and drenued and : ~ ~ ~ e ~ h O ~ d n:

&d! at least ^a fortnight previous1 ^'to apply in writin ^{previous advn-} to the inspector m other proper af&m ss aforesaid r a t i n g the place to a h i c t i ~ m e n t ~ n t

md the r w t e by which it is intended to remove ihj said sheep or iamb a d

~ ~ ~ ~ ~ & : ~ ~ ~ ~

the necessity or safficien~lg urgent Wasoh 6f such removal and i t sh$

be

^time.

bwfd fasuch inspector or other propey ofticer on proof to his satisfsctien ot snoh mcessity ar reasm and of the said flocks heiag duly shorn anddressed as afme$aid t r , gmnt a warrant under his hand in the form of the schedule

A

$wets anntxed atlthmising the removal of the s a i d ~ h k e ~ or lambs within th time l"nantioned and to bause an advertisement of such removal to be i n s e r t 4 Ser ^at lea* one week previously in the Governmen% Gazette of the Province in which warrant and advertisemeht respsctiwly shall b e stateh the place to which and the route by which the said sheep or lahbs are to be removed and

&e h e.for which such w a m n t is grante.d not excheaing one calendar month

I fro111 the d&te of such advertisement a;td in case an9 persan shall remove arry

mch sheep *a lambs without any sach warTant ^OY cmtrary to the directio

'g

thereof such person shall be subject and liable to $he penalties imposed an inflicted upon persons for turning out keeping depa6turing drivicg or conduct-

I

ing such sheeg or lambs conlrary to the provisipns of thia and the said recited At%.

VII. And be it further Enacted T h a t +hen D$ dtixi brig afiehder Ju*ticem msY ahdl be convicted before any Justice or J u s t i c e for turning out keeping

:r:&rt

""

depasturing driving or conducting of sheep or lambs infected as aforesaid or for permitting ^bp suffering any such sheep or lambs to be turned out kept depastured driven or conducted contrary to the preisions of this or the sald recited Act and i t shall be made to appear to such:Justice or Justices at the time. of such conviction that it is necessary to remove the said sheep or lambs to some place where the same may be lawfully turned out kept or depastured it shall be lawful for such Justice or Justices to grant a warrant under his or their hand or hands in the form in the schedule B hereunto annexed authorising the removal of the said sheep or lambs and in ever3 such warrant there shall be stated the place to which and the route by which the said sheep or lambs

$hall be removed m d the time for which the s a m e h granted not exceeding one calendar month And in case any person s h g l detain or continue any such _sheep or lambs on any lands or shall turn out &eep depasture drive or conduct any such sheep or lambs without such wa~gant or contrary to the directions thereof sach person shall be subject &d liable to the penalties imposed and inflicted upon persons for turning 4ut keeping depasturing driving or conducting such sheep or lambs contrary- to the provisions of this and the said recited Act.

VIII. .And be it Enacted That in order to meet the expenditure requisite for carrying this and the said recited Act into ereci$ion it shall tre lawful for

the Collector of Internal Revenue or such other perspn as may in that behalf be authorised by the Governor to levy collect and rdceive from every owner or the representative in the Province of every owner Paving charge or posses- aion of sheep a tax or duty of tenpence for and in tespect of every score of sheep so owned or possessed by him which tax or d l t y shall be paid at the

~ffice in Adeiairle of the said Collector of Internal pevenue or such other

I person authorised as aforesaid on or before the first day of February In every year and shall thereafter be paid to the Colonial Treasurer to be BPpropriated to the expenditure for carrying this gnd the said recited Act into

Y

into execution and to the pub ^ses of the Province and support of the Government thereof and if rson liable to the payment of such tar or duty shall after dem ereof made neglect or refuse to pay the same or any part or p f it shall be lawful for any Resident Magistrate or two Justice8 ovince on application by or on behalf of the Collector of Internal r other person in that behalf authorised as aforesaid to examine the e oath of the parties or other witnesses and determine the amount issue his or their warrant to levy such a m o u ~ t and costs if found e and distress of the sheep in respect of which such tax or duty le or of the other goods and chattels of the party liable therei ch tax or duty and costs or any part thereof and the reasona h seizure and distress shall not be paid within the space o er such seizure and clistress by sale

thereof or of a sufficie ning the overplus if any and what shall remain unsold to the own& thereof or his agent after deductiug the amount so due and costs and chwges as aforesaid.

t

IX. And be it Enacted Thd all offences against this Act shall be heard and determined and all ^{fines an"$} penalties incurred under the same shall be levied recovered and appropriatFpd a s in and by the said first recited Act is

directed. I

GEORGE

GREY,

Governor of South Australia.

t

i A.

M.

MUNDY,

;

..< Clerk of Couneil.

X..

, .

5

SC'WJ":DULF: A , HKFIZRRED 1'0

--- --

D I S T X I C T O F - IN E PROVINCE OF

SOUTIE A U S T R A L I A *

I A.B. Inspector fcr the said district appointecl in pursuance of an Act of overnor in Cauncil passed in the Fourth year ok' H e r present Majesty's intitulcd " An Act for preventing the extension of the infectious disease

only called the Scab in Sheep or Lambs in the Province of South Australia'' and of another Act passed in the Fifth ^$m of the same reign ed

''

A n Art to amend and extend the provis+ms of an Act intituled ct for preventing the extension of the infectious disease commonly called the Scab in Sheep ^01.J.ambs in the ProvincB of South Australia'"

had proof made to my satisfaction of sufKeieni,reascn for the remova 1 in Sheep [or Lambs as the case may he] infect& with the said disease lg t o or under the charge of now depasturing and that the said flocks have been duly shorn and dressed do hereby in pursuance of the powers by the ^S bid recited Acts in me

ereby authorise the said or his

overseers to drive or conduct the said sheep or lambs being in number to [specify the place] b y [here point out the r m t e being the nearest ormost convenient or that by which the said sheep or lambs are the least l~liely to spread the infection] advertisement of the time and route of such removal being inserted f a at least one week ~reviouslp in the Government Gazette of the Province This warrant to be and conthue in force for one mlendar month after the date of SU& advertisement. ^'

Given under my hand at t hie _day

3 8

Schedule

B,

K.)lBTRtCT OF % I IN THE PROVINCE OF

T a

r' Justice [or Justices] of the Peace for the district of ^g I in the colony of South Australia having t h i ~ day convicted

;

of

[or overseer of

3

^of

of having turned out [kept dpstured driven m conducted as the case may

be] certain sheep [or lamb4 infected with the disease called the Scab the property of the said ^g contrary to the provisions of the Acts of the Governor nd Council in such case made and provided And it having been made to p p a r to my [or our] satisfaction that it is necemary to

district of

remove the lambs] to

where t,he same may be turned o u t kept and depastbrad do hereby in pursuance of the authority me [or us] vested by a eert& Act of the said Governor and Council pas4 in the 5th year of Her pest& Majesty's reign intituled

"

An -4et to a m and extend the provisions

04

^{an Act intituled an} Act for preventing t extension of the infectious dqease commonly called the Scab in Sheep Lambs in the Province of ~ & t h Australiayy authorise and direet t b SI

: [orthesaid

overseer of the said '1 ] ^to drive or conduct the rr oheep [or lambs] or to cause $he same to be driven or conducted to

aforesaid

By

[here point out the mares t ^ar mmt cen~wir route or that by which the s d d sheep or lambs are the least likely to spn the infection]. I h i warran4 to be and continue in farce from the date ther

until the dayof

Given under my hand [er our hands] at ^t

and

one thousand eight hund

d ,

ADELAIDE:

Printed by authority by ROBERT

THOMAS

&

CO.

Government Print

ere,

Hindlep-street.