SCAB AND CATARRH BILL.

New Zealand Spectator and Cook's Strait Guardian, Volume IX, Issue 885, 25 January 1854, Page 4

SCAB AND CATARRH BILL.

"A hill to amend an Ordinance, Session 1. No. 4.' Whereas an Ordinance was passed by the Lieutenant-Governor and Council of the Province of New Munster, Session 1, No. 4, entituled " Au Ordinance to prevent the extension of the infectious disease called the Scab, as well as the disease called the Influenza or Catarrh in sheep or lambs ; And whereas, it is expedient that the above recited Ordinance should be repealed, and that fuithcr provision bhonlri be made in that behalf within ths Province of Wellington; Be it therefore enacted, by the Superintendent of the said Province, with the advice and consent of the Provincial Council thereof, as follows :—: — 1. From and after the passing of this Act, the shove recited Ordinance, so far as it relates to the Province of Well'ngton, shall be, and the same is, hereby repealed. 2. If any person shall by himself, his agent, or servant, drive, depasture, or suffer to stray, any sheep or lambs infected with either of the diseases called " Scab " or " Catarrh," or which shall within thirty days previously have undergone any dressing for the cure of the disease called " Scab," across or upon any land not being the property of, or being rented by, such person, and not being land of which he shall have the right of pasturage, or upon or along any public way, he shall be subject to a penalty of not less than twenty-five pounds, nor more than one hundred pounds. And if the sheep or lambs so driven, depastured, or suffered to stray as aforesaid, shall exceed one hundred in number, he shall be subject to a further penalty of not less than one shilling, nor more than one pound, for every sheep or lamb over and above the said number. 3. Nothing herein contained shall prevent separate informations being laid by every occupier of land upon which such infected sheep or

lambs as aforesaid shall have been driven, depas- I tured or suffered to stray ; or by every occupier of land through which, or adjacent to which, any public way shall lie, upon or along which way any such infected sheep or lambs shall have been driven, depastured, or suffered to stray. ! 4. If any sheep or lambs infected with either of the said diseases shall be found within half-a-mile of the boundary of the run to which they belong, or on which they shall be lawfully depastured, such boundary not being a natural barrier, or guarded by a sheep-proof fence, the owner of such sheep or lambs shall be subject to a penalty of not less than sixpence, nor more than five shillings, for every such sheep or lamb so found within half-a-mile of such boundary as aforesaid. 5. Every owner of any sheep or lambs infected with the disease called "Scab," shall cause the same to be distinctly wool-brauded on the top of the rump thereof with the letter S, such letter not being less than four inches in length ; and every such owner shall be liable to a fine of not less than sixpence, nor more than five shillings, for every such sheep or lamb not being so branded as aforesaid. 6. From and after the first day of June, in the year of our Lord one thousand eight hundred and fifty-four, all sheep and lambs above the age of six moniiis, within the Province of Wellington, shall be branded on the wool thereof with the brand of the owner ; and every owner of any such sheep or lambs not so branded, shall be liable to a penalty not exceeding five pounds : and if the < said sheep or lambs not being so branded shall exceed four hundred, such owner shall be liable to a further penalty of not less than three pence, nor more than sixpence, for every such sheep or lamb not being branded as aforesaid. 7. Every owner of any such sheep or lamb, shall cause a correct copy or impression of his brand to be registered in an office to be appointed by ihe Superintendent for that purpose. And any owner neglecting so to register such brand as aforesaiil, shall be liable to a penalty not exceeding five pounds. 8. It shall be lawful for the Superintendent to appoint some fit perbon to be the Registrar of Brands, and with the advice and consent of the Executive Council, to make rules and regulations for the management of such registration office, and to fix a scale of Fees which shall be payable to such Registrar ; and all such rules, regulations, and tables of Fees, shall be published in the Government Gazette, and shall thereupon be binding upon al' persons whom they may concern, and | shall have the force of law. 9. After any person shall have so registered a brand, it shall not be lawlul 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 not exceeding ten pounds. 10. 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. | 11. The mark or impression of any registered brand upon any shepp or lambs, sball be primd facie evidence of the ownership of such sheep or lambs by the person in whose name such brand shall be registered in the office of the Registrar of Brands. 12. From and after the first div of January, i in the year of our Lord oue thousand eight hundred an \ fifty-five, eveiy owuer of any sheep or . lamhs infected with the disease caFed "Scab," shall be liible lo a fi.ie of not less than one shilling, nor more than five shillings, for every such I infected sheep or lamb. Provided that no person | who shall have been convicted under this clause, sball be liable to any further penally under the same, on account of such disease in the same sheep or lambs, until the expiration of three months after the da»e of such conviction as aforesaid. Provided always that if it shall appear to the satisfaction of the Justices before whom any conviction under this clause shall take place, that such sheep or lambs had been free from the said disease at any time within one month previously to such conviction, it sball be lawlul for such Justices to require the person so convicted to enter into a bond or bonds in the form set forth in Schedule C to this Act, to the amount of the penalty in which he sball have been convicte ». And if at any time within three months thereafter, such sheep or lambs shall appear, upon the report of any Inspectors of sheep as hereinafter provided, to be free from such disease, such Lond shall be cancelled ; but f it shall not so appear, then such bond shall bs enforced in a summary way. 13. Any Justice of ih- Peace having reasonable grounds, from infoimation sia'ed on oath before him, to su-pect a y sheep or 'ambs within the Province olWelli t ton, or on board any ship, boat, or vessel, in any haibour ol the said Province, to be infected with either of the said diseases, may, by a warrant in the form specified in the Schedule A to this Ac , order the inspection of such suspected sheep or Umbs, by any one or more competent persons named in such warrant. And such persons shall, immediately after such inspection, report the result thereof in writing to the Justice issuing th? said warrant, and shall declare to the truth of the said report upon oalb before him : and it sball be lawful for such Justice thereupon to order each of such inspectors to be remunerated at the rate of not more than ten sbill'ngs by the day during the time in which he or they shall have been reasonably employed in such inspection : and in case such sheep or lambs hall prove to be infected, such remuneration shall be paid by the owner of the same ; but if they shall prove to be uninfected, the remuneration as aforesaid sball be paid by the informant. 14. Every owner of any sheep or lambs who shall refuse to allow such inspection to be made under snch warrant a> aforesaid, or shall obstruct, or shall refuse or neglect to afford all reasouable facilities to such inspectors as aforesaid, or to any Inspector of Sheep appointed by the Superintendent under authority of this Act for making such examination, shall be subject to a fine not exceeding one hundred pounds, 15. If it shall appear to any two Justices of the Peace, upon the oath of one or more credible witnesses, that any sheep or lambs are infected with either of the said diseases, and that such sheep or lambs may, if suffered to run at large, cause damage to the owners of neighbouring flocks, it shall be lawful for such Justices, by warrant under their hands, in the form set forth in Schedule B to this Act, to order the owner of such sheep or lambs to cause them to be constantly

herded by day, and to be kept by night within a sheep-proof enclosure : and for each day upon which he shall neglect to hate such sheep or lambs enclosed as aforesaid, such owner shall be subject to a penalty not exceeding twenty pounds. 16. Nothing in this Act shall be construed to limit or deprive any person suffering loss or damage from the driving, depasturing, or suffering to stray, of any such infected sheep or lambs as aforesaid, of any remedy which he might have bad at law or otherwise for recovering the same, provided this Act had not been passed. 17- The owner of any sheep or lamb infected with the disease called " Catarrh" at the time of its death, who shall fail to consume the carcase bj fire, or to bury it at least three feet under the ground, within twelve hours after death, shall be liable to a penalty of not less tban ten shillings, nor more than five pounds, for each carcase not so buried or destroyed. 18. If any person by himself, his servant, or agent, shall cast or cause to be cast the carcase of any sheep or lamb infected with " Catarrh," at the time of its death, into any stream or pond, or other water, he shall be liable to a penalty of not less tban five pounds, nor more than twenty pounds. 19. If any person shall slaughter, or shall have in his possession for the purpose of slaughtering, any sheep or lamb infected with either of the said diseases, or shall expose for sale the carcase, or any part thereof, of any sheep or lamb so infected, be shall be liable for each such offence to a fine of not less than twenty shillings, nor more than five pounds, one-half of such fine to be paid to the informer. And such infected carcase, or parts thereof, shall be thereupon destroyed in *.uch manner as any Justice of the Peace may direct. Provided, that the butchers of Wellington may kill, duiing the next three months, all such sheep as they may now have which the inspector may declare to be wholesome food, but that after such period such permission shall cease and determine. 20 Any master, owner, or supercargo of any ship, boat, or other vessel, who shall permit any sheep or lambs to be landed therefrom, before they shall have been inspected by an Inspector of sheep, duly authorised under the provisions of this Act, and before be shall, have received a certificate to that effect, shall be liable to a penalty of not less than twenty pounds, nor more than one hundred pounds. 21. If any person shall himself, or by means of any agent or servant, land, or cause to be landed, from any ship, boat, or other vessel, except as hereinafter provided, any sheep or lambs infected with either of (he said diseases, he shall be liable to a penalty of one hundred pounds : and if such sheep or lambs so landed shall exceed twenty in number, be shall be liable to a further penalty of five pounds for every such sheep or lamb in excess of the number aforesaid. 22. Any person, who by himself, his agent or servant, shall land, or cause to be landed, any. sheep or limbs infected with the disease called " Scab," upon land declare 1 or proclaimed by ihe Government of the Province of Wellington, or so near thereunto as may be possible, .as the ( Quarantine Ground, shall not be subject to the penalties imposed by Clause 21 of this Acf, but shall be subject instead thereof to a penally of two shillings for every sheep or lamb «o landed. 23. The Quarantine Ground shall, for the time during which such sheep or lambs shall be depastured thereupon, as before provided, be taken and deemed to be, for the purposes ot this Act, i>i the lawful occupation of the owner of such sheep or lambs : Provided always, that no sheep or lambs shall be suffered to remain on the Quarantine Ground for a longer period than ibtee calendar months ; and for every day beyond such period during which such sheep or Is-mbs shall remain on the Quarantine Ground, the owner thereof shall be liable to a penalty of one shilling for each such sheep or lamb : Provided always, that such sheep or lambs ahall be subject to a weekly charge of three pence each, payable by the week ; such sheep or lambs to be removed when declared free from scab, or to be subject to a further monthly charge of 2d. by the week. Should payment be in arrears four weeks, the sheep or lambs to be deemed to be abandoned, and may be sold or disposed of, as may appear most likely to contribute to tbe maintenance of the Quarantine Station. 24. It shall be lawful for the Superintendent to appoint a Commissioner who from time to time may appoint fit persons to be Inspectors of sheep, and from time to time to remove the same, and to appoint others in their stead. And such Inspectors so appointed shall have at all times tbe powers hereinbefore given to certain persons, acting under they/arrante v/arrant of any one or more Justices of the Peace in the inspection of all sheep and lambs suspected to be infected with either of tbe said diseases ; and it shall be lawful foi the Commissioner to make such regulations as be may think fit for the guidance of all such Inspectors in the execution of their duty, and for the carrying this Act into effect : Provided always, that no such regulations shall have any force until after they shall have been sanctioned by the Superintendent, and published in the Government Gazette. The Commissioner to report within fourteen days after each session, as to the working "of this Act, and as to the general state of the Scab in this Province. 25. Every sheep and lamb belonging to any flock, or on board any ship, boat, or other vessel, in which there shall be one sheep or lamb infected with tbe disease called " Scab," shall be deemed to be infected within the meaning of this Act. And every sheep and lamb belonging to any flock, or on board any ship, boat, or vessel, in which there shall have been at any time within three months previously one sheep or lamb, infected with the disease called " Catarrh," shall be deemed to be infected within the meaning of this Act. 26. All fines and penalties imposed under tbe authority of this Act, sball be recoverable in a a summary way. 27. In the interpretation of this Act, the word " Owner of any sheep or lambs," shall be taken to mean the person having the charge, control, or management of such sheep or lambs. 28. This Act shall be eutituled, and may be cited as, "The Scab and Catarrh Act," Sess. I. No.