Council Paper.

Hawke's Bay Times, Volume II, Issue 101, 27 March 1863, Page 4

Council Paper.

AN ACT to repeal the various Acts relating to Sheep and the Disease in Sheep called Scab, and io males othsT 'J2'*v32?2°* ny * * n hohni-f n-F tho w ... ‘ w v ».▼ HERE AS it is expedient to provide for certain matters relating to Sheep and also to make other and farther provision to prevent the spread of the disease called Scab: Be it therefore Enacted by the Superintendent of the Province of Hawke’s Bay, by and with the consent of the Provincial Council thereof, as follows: 1. From and after the passing of this Act, the Acts of the Provincial Council of "Wellington hereinafter described, viz., Session I, No. 20, intituled “ Scab and Catarrh” ; Session 111, No. 10, intituled “ An Act to amend the Scab and Catarrh Act, Session 1* No. and Session IV, No. 8, intituled--** An Act to define the duties of Inspectors of Sheep and to amend the Laws relating to Sheep,” are hereby wholly and entirely repealed 2. 2 be Superintendent may appoint such number of Inspectors of Sheep, for the purpose of carrying out the provisions of this Act as he may think fit, and assign them to such Districts as he may deem proper. ° 3. The Superintendent may appoint some fit person or persons to be Reoistrars of Brands, and, with the advice and consent of the Executive Council, make Rules *and Regulations for the management of such Registration Offices, and to fix a a scale of fees which shall be payable to such Registrars: and all such rules and Regulations, and tables of fees, shall be published in the Government Gazette, and shall thereupon ; be binding upon all persons whom they may concern, and shall have the force of Law. 4. Every person owning or having the charge of any Sheep shall, in the month of May in every year, deliver in writing to the Inspector of the District in which such Sheep shall be depasturing, a return of the number of Sheep above six months old owned by him, or under his charge. And shall append thereto a declaration that such return is true to the best of his knowledge and belief. 5. Every person making a false declaration shall he deemed guilty of a misdemeanour. _6. Every person driving Sheep shall, twelve hours at least before entry upon any Station, give notice to the owner or person in charge thereof, that it is his intention to drive Sheep upon or through his station, and every person neglecting to give such notice before driving Sheep upon a station shall forfeit and pay a sum not exceeding Ten Pounds ; such notice to be given either personally to the owner or person in charge of any such Station, or left in writing at the Homestead thereof. - 7. Every owner or person in charge of any Sheep Station who shall muster his flock or flocks, shall, twenty-four hours at least before yarding the same, give notice to the owners or persons in charge of all the adjoining Stations, and to all or any other flockowner not so adjoining, but who, he may have reason to believe, have Sheep in his flock, of his intention so to yard his sheep: And every person neglecting to give such notice to any such flockowner, before so yarding his Sheep, shall forfeit and pay a sum not exceeding Twenty-five Pounds. Such notice to be given either personally to the owner or person in charge of any such Station, or left in writing at the Home-Station thereof. 8- If any person, in ear-marking any Sheep or Lambs, shall remove more than a fourth of the ear of any such Sheep or Lamb, he shall be liable to a penalty not exceedin'? Ten Pounds. J b 9. Every person owning or having the charge of any Sheep, shall, within Six months from the day of the passing of this Act, furnish in writing to the Inspector of Sheep for the District in which such Sheep shall be depasturing, a return of the whole of the Sheep owned by him or under his charge, and the different ear-marks or other indelible marks there may be upon the said Sheep at the time of his furnishing such return. And from and after the time of his furnishing such Return, it shall be required of every flockowner, as aforesaid, in case of Sheep of another ear-mark or brand than the one registered by bun being depastured upon his Station, to report the came within one month to the Inspector, and furnish the said Inspector with a further return or returns of the number of such flock or flocks of Sheep, and the car-marks or other indelible marks there may be upon the same. And shall append thereto a declaration that such return is true to the best of his knowledge and belief. Every person making a false declaration shall be guilty of a misdemeanour. l(h It shall be the duty of the Inspector of Sheep to enter upon a Book to be ‘kept by him for that purpose, a correct copy of every such Return and the date on which it is furnished, showing the number of Sheep registered by each separate flock-owner, and the respective numbers marked with each different ear-mark and indelible brand : Such Registry Book to be open at all seasonable hours to the Inspection of any person applying to examine the same. 11 J ° 11. Every person owning or having the charge of any Sheep, shall, within Six months from the day of the passing of this Act, register at the office of the Registrar of Brands for the District in which such Sheep may be depasturing, a correct copy or description of the ear-mark or fire-brand he shall intend to use. 12. After any person shall have so registered an ear-rnark or fire-brand, it shall not be lawful forany other person to mark or brand any Sheep or Lambs with an ear-mark or brand of the same description or mark ; and any person offending against the provisions of this clause, shall be liable to a penalty of not less than Five Pounds for each offence. 13. All Sheep and Lambs above the age of six months, within the Province of Hawke’s Bay, shall be branded on the wool thereof with the tar brand of the owner ; and every owner of any such Sheep or Lambs not being so branded, shall be liable to a penalty ot not exceeding Five Pounds. And if tbe said Sheep or Lambs, not being so branded, shall exceed five hundred in number, such owner shall be liable to a penalty of not less than One Halfpenny, nor more than Sixpence, for every such Sheep or Lamb not being branded as aforesaid. 6 14. Every owner of any such Sheep or Lamb shall cause a correct copy or impression of his brand to be registered in tbe Registrar’s Office; and every such brand shall be in size not less than four inches long, and proportionate width. And any owner neglecting to register such brand as aforesaid, shall be liable to a penalty not exceeding Ten Pounds. b 15. After any person shall have so registered a brand, it shall not be lawful for any other person to brand any Sheep or Lambs with a brand bearing the same mark ; and any person offending against the provisions of this clause shall be liable to a penalty of not less than Five Pounds. 16. If any person shall brand any Sheep or Lambs, or shall deface or efface any brand upon any Sheep or Lambs without the authority of the owner thereof, he shall be liable to a penalty not exceeding Ten Pounds for each offence. 17. Every person owning or having the charge of any Sheep shall, in the month of August, in every year, pay to the Inspector of the District in which such Sheep shall be depasturing, or other person authorized to receive the same, the sum of One Farthino- ner head for all Sheep over the age of Six months so owned by him or under his charge/in accordance with the return made by him in the preceding month of May. If such sum be not paid in the month of September, the same shall be recoverable by the Inspector of the District by summary proceedings, whether the same shall exceed Twenty Pounds or otherwise, before any Resident Magistrate or Justice of the Peace, together with all costs and expenses incident to or incurred in recovering the same. 18. In the month of October in every year the several Inspectors shall pay the amounts they have respectively collected under the authority of this Act to the Treasurer of this Province. 19. Every owner of any Sheep or Lambs infected with the disease called “ Scab” shall be fined, upon the report of the Inspector, any sum not exceeding Sixpence for every such infected Sheep or Lamb: Provided that no person who shall have been convicted under this clause shall be liable to any further penalty under the same, on account of such disease in the said Sheep or Lambs, until the expiration of six months after the date of such conviction as aforesaid. 20. It shall be the duty of every Inspector who may receive such information as to lead

him to suspect that the Sheep on any Station are infected with the disease called Scab or any other infectious or contagious disease, to visit the said Station and examine the Sheep thereat, and report thereon to the Superintendent of the Province. And further, any Justice of the Peace having reasonable grounds upon information stated upon oath before him, to suspect any Sheep or .Lambs within the Province of Hawke’s Bay to be infected with any of the said diseases, may order the inspection of such suspected Sheep or Lambs by the Inspector; And such Inspector shall, immediately after such Inspection, report the result thereof in writing to the Justice issuing the said order, and also to the Superintendent of the Province as above provided. 21. Every inspector visiting any Station for the purpose of examining the Sheep thereon shall give three days notice to the owner or person in charge of the same, of the day on which he intends to hold such examination ; And the owner or person in charge thereof shall muster all the Sheep on the Station, or under his charge at that time, for examination by the Inspector, and shall, if-required to do so, assist him in such examination. 22. Every person refusing or neglecting to muster the Sheep for examination by the* Inspector after such notice, shall forfeit and pay a penalty not less than Three Pounds nor more than Twenty Pounds for every day that he shall refuse or neglect to muster the Sheep on the Station and under his charge, and until the same shall be mustered to the satisfaction of the Inspector. 23. Any person on whose Station the Inspector may report that there are Sheep infected wuth the Scab or other contagious or infectious disease may at any time previous to the next half-yearly visitation apply to the Inspector to examine again the Sheep upon his Station, and if he shall prove to the satisfaction of the Inspector that all the Sheep on his Station or under his charge are then free from Scab or such other disease, may demand a certificate to that effect, which certificate it shall be the duty of the Inspector to give, a copy of which certificate shall, on the original being left at the Superintendent’s Office for the purpose, be published forthwith in the Provincial Government Gazette ; and the party requiring such re-examination as aforesaid, shall pay to the Inspector a sum of One Pound for every re-examination. 24. It shall be the duty of the Inspector, whenever any sheep infected with the Scab or other infectious or contagious disease are being driven through his district, to take immediate steps to stay the further progress through his district of such Sheep, and for that purpose not only to lay information of §uch infringement before the nearest Justice of the Peace, but to give notice to the person in charge of such Sheep to return : And in case of non-compliance by the driver to return immediately to the place from whence he started, to detain such Sheep, or to employ such drivers and other assistants as he (the Inspector) may think sufficient to take back such sheep to the place whence they started. 25. Every owner or person in charge of any such infected Sheep, who shall drive the same through any District in the Province of Hawke’s Bay, shall forfeit and pay for every day which such Sheep as aforesaid shall be absent from the run on which they were originally depastured, any sum not less than Five Pounds nor more than One Hundred Pounds. 26. Every person driving Sheep into the Province of Hawke’s Bay from any other Province, or lauding Sheep from on board any Ship, Vessel, or Boat, in any harbor of the said Province, shall, before passing the boundary or entering the said Province, give notice m writing to the Inspector of the district through which he may purpose to drive any such Sheep : It shall be the duty of the Inspector, on receiving such notice, to at once visit and examine the said Sheep, and if, on examination, they prove to be free- from Scab or any other contagious or infectious disease, to grant a driving certificate in the form specified in the Schedule to this Act. 27. Any person so driving or entering Sheep into the Province of Hawke’s Bay without the driving certificate of the Inspector, shall' be liable to a penalty of One Pound per head for every sheep he may so drive or enter into the said Province. 28. If any person shall slaughter, or have in his possession for the purpose of slaughtering, any Sheep or Lambs infected with either of the diseases called “ Scab” or “Catarrh,” or shall expose for sale the carcase, or any part thereof, of any Sheep or Lamb so infected he shall be liable, for each such offence, to a fine of not less than Twenty Shillings, nor more than Five Pounds—one half of the fine to be paid to the informer. And such infectted carcase, or parts thereof, shall be destroyed in such manner as any Justice of the Peace may direct. 29. For the purposes of this Act, all Sheep that have been dressed for the cure of Scab within forty days, shall be deemed to be scabby. 30. Every Sheep and Lamb running in any Hock, or being on board any ship, boat, or other vessel in which there shall be one Sheep or Lamb infected with the Disease called Scab, shall be deemed to be infected within the meaning of this Act. 31. Nothing in this Act shall be construed to limit or deprive any person sufferin o loss or damage from the driving, depasturing, or suffering to stray, of any such infected Sheep or Lambs as aforesaid, of any action or remedy which he may have at law or otherwise, for obtaining redress or compensation for such loss or damage from the person liable thereto. 32. All fines and penalties imposed under the authority of this Act shall be recoverable in a summary way. 33. In the interpretation of this. Act, the words “ Owner of any Sheep or Lambs,” shall be taken to include the person having the control or management of such Sheep or Lambs. 34. The term 5‘ Station,” shall include not only the Stations or Runs held under License from the Government, but also all properties (freeholds or Leaseholds) on which Sheep are depastured or kept. 35. For the purposes of this Act the owner of any Sheep who may habitually keep or depasture any flock or flocks on any lands that shall be fenced with a good and sufficiently sheep-proof fence, shall not be liable to any of the penalties contained in this Act other than those provided for the prevention of the disease of the Scab, or any other infectious or contagious disease. 36. For the purposes of this Act the word “ muster” shall be interpreted to mean the gathering of any flock or flocks for the purpose of docking or ear-marking, or washing for shearing, and on such occasions as Sheep may be drafted for the purpose of sale or removal from any one Station to any other. 37. That for the purposes of this Act the reading of Clause thirty-two shall be held to be in regard to those fines or penalties contained in this Act which are, shall, or may be within the jurisdiction of Magistrates’ Courts, and shall not be held to refer to, include, or interfere with any case, fine, or penalty contained in this Act which may be beyond the jurisdiction of such Court. ' 38. That no penalties to be imposed in any one case under the authority of this Act shall exceed the sum of One Hundred Pounds. . nn--

SCHEDULE. DEIYING CERTIFICATE. PROVINCE OF HAWKE’S BAY, > NEW ZEALAND. J • This is to certify that, haring examined the Sheep owned by or in the charge of who desires to drive or enter the said Sheep into the Province of Hawke’s Bay, I hereby declare that the said Sheep are free from the disease called Scab, or any other contagious or infectious disease. (Signed,) ■ - * Inspector of Sheep, Province of Hawke’s Bay.