HAWKES BAY SHEEP ACT 1871.

Hawke's Bay Times, Volume 18, Issue 1099, 21 August 1871, Page 3

HAWKES BAY SHEEP ACT 1871.

AN ACT to Bepeal cm Act of the Provincial Council of HaivJce's Bay mtiiided " The Hawke's Bay Sheep Act 1870 *' {Session XVI No. 3.) (Assented to August 4, 1871.) -TTTHEBEAS it is expedient to repeal "The Hawke's Bay Sheep Act 1870 " \Y to raa -ke other provisions in lieu thereof Be it enacted as follows 1. The Short Title of tbk Act shall be "The Hawke's Bay Sheep Act 1871." 2. "The Hawke's Bay Sheep Act 1870" Session XVI No. 3 is hereby repealed. 3. The meaning of the terms and words occurring in Jhe context of this Act shall be governed by the following interpretations when not otherwise specially limited (a) "Province" shall mean the Province of Hawke's Bay (b) "Station" shall mean any land upon which sheep are harbored or depastiued (c) "Sheep ownei. *' shall mean .the proprietor of a station or any bailee of sheep and when such owner or bailee is not resident on his station shall include manager overseer head shepherd or other person ostensibly in charge of the station (d) " Brand " shall mean a distinguishing mark or marks for sheep registered at the principal office at Napier (c) " Diseased Sheep" shall mean sheep infected by either of the diseases ; known as Scab Foot-rot or Catarrh. Also sheep which have been dressed for scab within forty days Also any sheep driven from or through a station not possessing a certificate from an Inspector in form No. 1 in Schedule Ato this Act Also sheep imported by sea or overland without a certificate from an Inspector in form No. 2 in said Schedule A, 4. The Superintendent may from time to time by Proclamation in the J-lawke's Bay G.azette appoint an Inspector or Inspectors of sheep for the purposes of this Act as he may think fit And may at any time annul such appointments and make others And may proclaim a principal office in Napier for such Inspector or Inspectors Provided always that the salaries of such Officers .shall be voted by the Provincial Council. 5. The duties of Inspector shall be as follows (#) To keep in a .Registry Book at the principal office an Annual .Return of the number of sheep above six months old which are to the best of his information in the Province Such Return shall show the number of sheep registered by each separate sheepowner with their lespective earmarks and brands Such Return to be forthwith published in the Hawke's Bay Gazette Such Registry Book shall be compiled in the form No. 3 in Schedule A to this Act and shall be open at all office hours for inspection by any person applying to examine the same upon payment of of one shilling (b) To collect in the month of August or so soon after as reasonably may be in every year the Assessments to be made under clause 8 of this Act and to forthwith as the same may be collected pay the amount into the Provincial Treasury. (<•) To visit every Provincial Electoral District at least once a year, and to visit every Station so often as may be expedient and at least once a year to report to the Superintendent the condition of the several flocks. (d) To take all lawful measures for preventing the importation by land or sea of diseased Sheep and further to cause all imported Sheep to be drafted into a separate close or paddock appointed or approved bv him for the purpose of keeping them perfectly isolated from contact with any otter sheep. (e) Generally to do all such acts are intended to come within his .scope under the provisions of this Act. 0. Ex cry Sheep owner not having an earmark and biand registered before rlic parsing of this Act may within one month after the proclamation of the Governor's absent to this Act on payment of the fee of ten shillings register at the principal office in Napier the earmarks and brands which he proposes to use, Provided that it shall not henceforth be lawful for any person to register any earmark and In and already registered by another Sheep owner, 7. Every Sheep owner shall in the month of May in every year send a written return to the Inspector at Napier of the number of Sheep above six months old in his possession or charge on the first day of May in cyvvy year distinguishing their sexes. 8. Every Sheep owner shall in the month of August in every year pay to the Inspector on demand an assessment al the rate of one penny for every 4 Sheep above six months old as returnable by such owner or bailee under Clause 7 of this Act. 0. Ti shall not be lawful to import any Sheep into the Province by sea unless the same be landed at the Port of Napier. 10. Every person landing Sheep at the Port of Napier shall previously give notice to an Inspector who shall forthwith inspect such Sheep and shall cause thera with all convenient speed to be efficiently dipped in such place as he may deem to be most convenient at the expense of the Importer. 11. Every Sheep owner or drover of Sheep shall before importing overland anv Sheep into the Province give at least 21 days' written notice thereof to the Inspector by leading the same at his office in Napier Such notice shall state the number and sexes of the Sheep intended to be imported and shall state where Huoh Sheep shall h.a\e been originally purchased and whence driven And also the tinie and place adjacent to the Boundary of the Province when and whereat such Sheep will be mustered for examination by an Inspector under this Act Ar.d such Sheep shall not be permitted to continue their journey before an Inspector shall ha\e furnished the dnnor thereof with a certificate in the form No. 2 in Schedule A to this Act,

12. No Sheep owner shall permit any Sheep to he removed from his station, without possessing a certificate in the form No. 1 in Schedule A to this Act Provided that in the case of stations whereon foot root only is known to exist the Inspector shall after examination grant a driving certificate for such sheep proposed to be removed as show no symptoms of disease such sheep immediately before removal and immediately after arrival at their destination to be dressed with a disinfecting solution to the satisfaction of the Inspector and further that any Sheep which shall have been driven through an infected station shall be dressed with a disinfecting solution to the satifaction of the Inspector immediately after their arrival at their destination Provided that in case of contiguous stations which are alike infected Sheep may be removed from one to the other without certificate. 13. Every Sheep owner shall muster the Sheep in his possession or charge before docking the same and within three months after shearing the same and shall <nve twenty-four hours' notice in writing or by advertisement in a Provincial newspaper thrice inserted of such meterings to the abutting Sheep owners And every Sheep owner shall furthermore forthwith muster his nock before an Inspector who shall be entitled to call for a special muster. 14. Every* Sheep owner so often as he may draft Sheep for the purpose of sale or removal from his Station shall before yarding the same give at least twelve hours notice thereof to the abutting Sheep owners Provided that this Clause shall not apply to Sheep depastured in securely fenced paddocks nor in cases where river floods may prevent such notice being given. 15". It shall not be lawful for any person to remove more than one-third of the ear of any Sheep. 16. Every drover or his employer shall gi-e at least 24 hours' notice verbally or in writing of the precise day whereon he proposes to drive Sheep through another person's land by delivering such notice at the homestead or principal residence of the persons through whose land he proposes to drive except where such land abuts on a public road fenced on both sides or is situate within the districts described in Schedule B to this Act where two hours' notice shall Iks sufficient. 17. Every drover of Sheep travelling through land not belonging to the owner or bailee of such Sheep shall weather permitting drive such Sheep a distance of not less than ten miles in every twenty-four hours. 18 Every drover or person in charge of travelling Sheep shall so often as and at every place where any portion of the Sheep in his charge may get intermixed with other Sheep give immediate notice thereof to the own«f overseer or shepherd of the Station where such intermixing occurred with whose consent the Sheep so intermixed ah all be driven to the Station or nearest yard for the pin pose of drafting. 19. Whenever any Ram or Rams shall be found trespassing the.owner or person in charge of the land trespassed upon may castrate such Ram or Rams without being liable for any deaths or injuries except where ordinary care and skill have not been used Provided that if the owner of the trespassing Ram or Rams be known he shall be entitled to receive twenty-four hours' notice in writing of the trespass before castration shall be resorted to. 20. Whenever an Inspector shall have reason to suppose that diseased Sheep are being harboured in or driven through any part of the Province he may lay information or make complaint thereof before any two Justices of the Peace who after hearing such informatics or complaint may authorize an Inspector to take such measures as may in his discretion be sufficient to meet the case. 21. Tt shall be incumbent upon e-ery Sheepowner on discovery of disease in his flock to give immediate notice in writing thereof to the Inspector and adjoining Sheepowners. 22. Whenever any Sheepowner fails to take fit and proper measures for the cure of diseased sheep whether isolated or not from other sheep it shall be lawful for an Inspector to enter by himself or agents upon the Station of such Sheepowner as any two Justices of the Peace may direct by an order signed by. them and anv Court consisting of not less than three Justices of the Peace one of whom shall be a Resident Magistrate or Chairman of Petty Sessions is hereby authorized to give such directions and make such order as the majority ot such Court may think fit upon sufficient cause being shown by an Inspector laying an information or making a complaint in the matter. 23. Every close or paddock set apait for diseased sheep by an Inspector shall be deemed to be quarantine and infected ground until a certificate shall be •riven by an Inspector declaring the Sheep paddoeked therein to be clean. 24. The damages and penalties hereinafter authorised or required to be imposed by this Act shall when within the jurisdiction of Resident Magistrates' or Petty Sessions Courts be recovered or enforced in a summary way. (1.) Anv person obstructing or interfering with an Inspector in the execution of his duty ,-hall be liable to a penalty for every such offence not exceeding .£2O and costs. (2.) Any person neglecting in any material point to make the return provided forin Clause 7 shall be liable to a penalty not exceeding 4-20 and costs. (3.) Anv person importing by sea Sheep into the Province except at the Port of Napier shall be liable to a penalty of ,£IOO. (4.) Any person not giving the notice provided in Clause 10 shall be liable to a penalty of not less than £5 or not more than £2O. (s a ) Any Sheep owner neglecting or refusing to musler his Hock when called upon to do so by an inspector shall be liable to a penalty of not less than £o and not more than £SO. (6.) Any Sheep owner or person driving Sheep overland into the Province without previously ghing the notice and observing and performing jbhe conditions provided in Clause 11 shall be liable to a penalty of £IOO. (7.) Anv person removing or permitting the removal of Sheep from a Station not possessing a certificate in form of Schedule A. No. 1 to this Act shall be liable to a penalty not exceeding £IOO. (8 ) Even- Sheep owner neglecting to deliver or cause to be delivered any of the notices required by Clauses 13 and 14 shall be liable to a penalty not exceeding -£lO. (0) Any person removing more than a third of the ear of an) Sheep shall be liable to a penalty not exceeding £1 for-each offence.

0.0.} Every droycr or his employer neglecting to give or cause to be given the notice provided in Clause 16 shall be liable to a penalty not exceeding £ 10. 0.1') Every drover or his employer neglecting to comply with the conditions provided in Clause 17 shall be liable to a penalty not jexceeding £s. (12.) Every drover or his employer neglecting to comply with the .conditions of Clause 18 shall be liable to a penalty not exceeding £2O. (13.) Every Sheep owner neglecting to take all proper measures for the eradication of disease in his Hock shall be liable to a penalty not .exceeding J6IOO Such penalty shall be cumulative from month to month upon a fresh information by an Inspector and further .conviction. Every person removing Sheep from quarantine ox infected ground without written permit from an Inspector shall be liable to a penalty not exceeding <£! 00. (15.) Every person who shall sell or expose for sale the carcase or anv portion of a sheep infected with Scab or Catarrh shall be liable to .a penalty of not lees than ten shillings nor more than five pounds for each oiTence. 35.. The Scale of Fees mentioned in Form No. 4 of Schedule A to this Act ?nay be summarily recovered or enforced by an Inspector suing for the same fcefore a Resident Magistrate or Court of Petty Sessions in the manner provided hy th.e '-'Resident Magistrates' Act 1867." 2s. All penalties fees and assessments recovered under this Act shall be paid into the Provincial Treasury to a separate account to be exclusively .appropriated to the payment of the salaries of the Inspectors and the expenses Caused by Inspectors in the execution of their duties under this Act.. 27. This Act shall come into operation on the expiration or repeal of the Provincial Acts Validation Act 1870 and after notification of the Governor's #ssent thereto in the New Zealand Gazette, SCHEDULE A. [Form No. I.] Napier, 187 I" hereby certify that the Sheep now depasturing on the Station known as and at present in charge or in possession of c , are free from any infectious or contagious disease incident to bneepand that the said Station is a clean Station within the purview of the (' Hawke's Bay Sheep Act 1.871," * L. S, Inspector of Sheep fo* the Province of Hawke's Bay. [Form No, 2.] _, . . Napier, 187 I hereby certify that the Sheep owned by or in the charge of . „ . w ko desires to import the same into the Province are free from ' any miectious or contagious disease and are marked as undermentioned. i

SCHEDULE B. Starting from the Southern boundary of the Town of Napier at the Sea beach and proceeding in a Westerly direction to the month of the Tutaekuri river thence to Park's Island thence proceeding Southerly along the Western boundary of Meanee Suburban land and Block 1 Puketapu (Taipo) to Tutaekuri river, from thence due south to the Omahu road following that road crossing the Waitiho and Ngaruroro to the N.B point of Te Popo (Boy's Hill) thence a straight line to fakipaki Bridge from which proceeding in a straight line to the Middle Boad at Mr Foster's House to the South West Corner of Lot 10 Block 1 Kidnapper dis-trict thence by the Tukituki river to the Boa and thence by the %q$ tg the starting point.

Number. Description. Brands or Marks. Inspector of Sheep [Form 3STo. (L. S.) for the Province of Hawke’s Bay. 3-] Owner’s Name and Address. Ewes. Wethers. Earns. When Return received. [Form No. 4.] Scale of Dipping Fees for Sheep landed at the Port of Napier. For any number pot exceeding 25. For any number not exceeding 50. For any number exceeding 50, Per head s. a, 2 6 i s. Per head I .. i . d. 6 Per head s, d. 1 0 1