THE SHEEP ACT, 1878.

New Zealand Times, Volume XXXIII, Issue 5414, 3 August 1878, Page 2 (Supplement)

THE SHEEP ACT, 1878.

An Act to provide tor tho eradication of scab in sheep has been introduced in the Legislative Council by the Hon. Colonial Secretary and referred to a select committee. It pro* poaes to repeal all the existing provincial and other Acts or Ordinances relating’ to the subject, and its provisions with certain specified excoptionsshall become the lawin operation over the whole colony. The interpretation clause is as follows:

“4. In tho construction of this Act, the following terms withminverted commas shall, if not inconsistent with tho context and subjectmatter, have the meanings hereby respectively assigned to them, that U to say,— 4 Crown lands’ include all lands heretofore designated Crown lands, waste lands, or confiscated laricnf respectively. ‘Gazette’ means the New Zealand Gazette. 4 Gazetted ’ means published in tho Gazette. 4 Public notification,’ 4 public notice/ ‘publicly to notify, respectively mean the insertion of a notice in one or more newspapers having general circulation in the particular' place affected by the matter contained in such notification or notice.. ‘District' and ‘ subdivision ’ respectively mean a district and a subdivision of a district established under this Act, except where it is otherwise specially provided. 4 Sheep/' unless otherwise specially provided, includes all sheep of any age and of cither sex. “Inspector" means any chief inspector or any inspector of sheep who shall bo appointed under this Act ; and, in case inspectors are ap pointed for particular districts, subdivisions, or parts of New Zealand, the’ terms ‘Chief Inspector’ and ‘lnspector’ shall, as to all sheep withth any such district, subdivision, or part of New Zealand, and as to all notices, penalties, and other matters with reference to such sheep and the owners thereof, mean respectively tho chief inspector for such district and inspector for such subdivision or part of New- Zealand. * “Sheepowner/’ “owner of sheep/’ “owner," respectively mean every person claiming jointly or in severalty (other than mortgagee not in possession) any right, title, or interest * in any sheep, and shall, except in section fiftynine, include the person having the charge, control, or management of sheep. “ Occupier" means any owner or other adult person who may be, in charge or possession of any premises as herein defined. * Premises ’ means any station, run, paddock, farm-yard, stock-yard, t shoaring-ahed, dipping-place, stable, shed, building, or place whore sheep are depastured, kept, or boused. * Hun * means any sheepstation or farm whereupon sheep are depastured. * Flock ’ means any sheep shepherded or running in one flock and any sheep within the bounds of one paddock, or enclosure, or run nsed for one flock. ‘ Herded ’ means constantly followed aud kept in sight. 4 Abandoned ’ means left or forsaken. 4 Destroy’ . means" to kill aud bury at a depth -of not less than three feet under the ground, or consume by fire, or boil down. ‘Highway’ means any main, cross, or by-road, or any proclaimed or reserved or other road or highway. * Stray sheep ’ means sheep not in the immediate keeping of any person upon any highway or upon laud not in the occupation of the owner .of such sheep. ‘Driven’ means driven, or carried, or removed, or conducted in any manner whatsoever. 4 Dipped' and 4 dip’ means plunged or immersed in some eficctive scab-deatro> ing preparation. ‘ Infected sheep ’ means any sheep suffering from or affected with disease, or any sheep which have formed part of a flopk containing any sheep so suffering from or affected with disease, or any sheep which have been in direct or indirect contact with, or have been depastured on the same ground or run, or have been placed in the same yard, or on board the same ship, boat, or other vessel as such infected sheep within the next preceding three months, unless such sheep are immediately thereafter properly dipped, or any sheep which have been dressed or dipped within tho same period for tho cure of such, and all infected sheep within, any-such definitions until declared clean. Every sheep belonging to any flock, or on board any ship, boat, or other vessel, or which may have been placed in any yard or enclosure in which there shall have been at any time within two months previously one sheep infected with scab.or catarrh respectively, shall be deemed to be infected with scab or catarrh within the meaning of this Act, unless, in the case of scab, such yard or enclosure shall in the meantime have been effectually scoured with some reputed effective scab-destroying preparation. , Appointments already made under existing Acts are confirmed, but in future all necessary appointments are to be made, and may be revoked, by the .Governor, wno will also have power to define sheep districts and to make subdivisions thereof, and to settle disputed boundaries when a run lies in more than one district.

The provisions relating to inspection are as follows : “10. It shall be lawful for the Governor from time to time to appoint a chief inspector of sheep and inspectors of sheep for each district or subdivision, and from time to time to remove any person so appointed. Any chief, inspector may be appointed to more districts than one, and any Inspector to more subdivisions than one, and irrespective of the dis-trict-wherein any such subdivision is situate/' “ 11. If any inspector of sheep to be appointed as hereinbefore provided shall wilfully make any false report, or deliver any false certificate as to the condition of any sheep examined by him, he shall be liable to a penalty of not less than twenty pounds nor exceeding one hundred pounds, or to be imprisoned for' any term not exceeding six calendar months. If any inspector of sheep shad, under color of his office or employment, exact or accept imy fee or reward whatsoever other than his authorise a salary or allowance, his office shall, on his conviction of each offence, become, ipso facto vacant, and he shall be liable to a penalty of fifty pounds. “ 12. It shall he Lawful for any inspector of sheep, at such times as ho may think fit, to inspect any sheep within his district; and, for the purposes of such inspection, or for tho purpose of inspecting and examining any dipping apparatus, or for doing any other act which ho is authorised or empowered to do by this Act, it shall.be lawful for any inspector of sheep, at all reasonable times, to have free ingress, egress, and regress through, over, and upon any premises, lands, or tenements whatsoever.

“13. Every owner of any sheep or other person who shall refuse, to allow such inspection to b i made by any inspector of sheep, or shall obstruct, or shall refuse or neglect to muster bis sheep for the purpose of such inspection, with all convenient speed, or to afford all reasonable facilities for making such inspection to such inspector, shall be subject to a fine not exceeding one hundred pounds. “14. It shall be lawful for any inspector of sheep, when it shall appear to him to bo necessary for tho purpose of enabling him to decide satisfactorily upon the condition of auy sheep, to call upon the owner of such sheep to make a declaration in the form or to the effect specified in Schedule B to this Act; and, if any such owner shall refuse or neglect to make such declaration when so called upon, ho shall be liable to a penalty not exceeding fifty pounds ; and if any person shall make any such declaration knowing the same to be false, he shall be liable to a penalty of one hundred pounds, or to be imprisoned for any term not exceeding six calendar months.

- “ 15. There shall be published, once in every mouth, in one ‘or more newspapers within the district, a list, certified by the chief inspector, of all stations on which there are at that time any sheep infected with the scab or catarrh. “10. The chief inspector of each district shall have* a brand (hereafter called an “official brand”) whicbfshaU be registered by him in the general register of brands kept in the office of the-chief registrar of brands of. the district] wherein is. situated the said chief inspector's olfico, and shall also be Similarly registered in the genera! register of brands of every brands' registration district forming part of or adjoining the aforesaid chief inspector’s district. The official brand of any chief inspector shall bo used exclusively by all inspectors within such chief inspector district in manner as may bo appointed by this Actor by direction of tho chief inspector of the district. If any person shall, without authority, use any official brand, or any brand so similar as not readily to be distinguished therefrom, he shall bo liable, on conviction, to a penalty of not less than twenty-five nor more than one hundred pounds.” KATE CfON SHEEP. To provide for the expenses of carrying out tha law it is intended to impose a rate on sheep. Clauses 17 and 18 provide—- “ 17, livery owner of slice]) shall, between the first and thirty-first day of May in every year, deliver or came to ho delivered to the chief inspector of tho district a written return, in tho form provided in schedule A, of the number of sheep and lambs of each sex owned by him on tho thirtieth day of April preceding, specifying in such return the marks upon snot] sheep. Every person refusing or neglecting to deliver or cause to ho delivered su;h return as aforesaid shall lie liable to a penalty not exceeding twenty pounds. The chief inspector of each district shall, in the month o£ June in'

every year, transmit to the OoloniaTTreasurer a statement, compiled from the returns furnished in pursuance of the preceding section, of the whole number of sheep and lambs within his district.

“ 18. Every owner of sheep shall, bn or before the first day of August in every year, pay to the Reoeiver Land of .Revenue, or to such other person as may be authorised by the Governor to receive the same, the sum of one farthing for every sheep or lamb owned by him on or before the last day of April preceding, aud specified in the return furnished by him as provided in the last preceding section. All and every such yearly sura or sums of money payable as aforesaid shall, in case the same be not paid on or before the said first day of August, be a a debt owing by the owner of such sheep to the Grown, and may be sued for ana recovered in any Court of competent jurisdiction." POSSESSION OF INFECTED SHEEP.

The duties of inspectors and of flock-owners respectively with regard to diseased sheep arc thus defined :

44 19. If any inspector of sheep shall be satisfied that *auy sheep are infected with scab, it shall bo lawful for him to give the owner of such sheep an order in writing directing him effectually to clean such sheep six mouths from the date of such order ; aud, if at any time during such period of six months, such owner shall not in the opinion of such inspector have made or bo making reasonable exertions to clean such sheep, or if, at the expiration of three months next following such period of six months, such sheep shall not, in the opinion of the inspector, be free from scab, the owner thereof shall, upon conviction, be liable to a penalty of not Jess than threepence nor exceeding two shillings for every such infected sheep. If, after the expiration of six months from the dato of such conviction, such sheep shall not, in the opinion of the inspector, be free from scab, such owner shall be liable to a further penalty of not less than sixpence nor exceeding two shillings for every such infected sheep; and so on lor every succeeding period of six months each. A separate information under this section may belaid in regard . to every separate flock in the possession of one owner. And, if any one such flock shall exceed one thousand sheep in number, a separate information may be laid for every additional one thousand sheep, or fractional part of such number, contained in such flock. Provided nevertheless that no penalty under this section on any one conviction shall exceed the sum of oue hundred pounds. “20. If it shall appear to any inspector of sheep, upon his own view, that any sheep are infected with scab or catarrh, and that such sheep may, if not constantly herded by day and kept by night within a sheep-proof enclosure, cause damage to the owners of neighboring flocks, it shall be lawful for such inspector, by warrant under hU hand in the form or to the effect set forth in schedule C to this Act, to order the owner of such sheep to cause them to bo constantly herded by day, and to be kept by night within a sheep-proof enclosure, until it shall appear upon the certificate of an inspector of sheep that such sheep are entirely free from the said disease#; and for each day upon which such owner shall neglect to have such sheep herded as aforesaid, and likewise for each night upon which such owner shall neglect to have such sheep enclosed as aforesaid, he shall be suject to a penalty not exceeding twenty-five pounds. “21. When any owner of sheep shall have several flacks of sheep depasturing upon any run or farm, or upon adjoining runs or farms, and one of such flocks shall be infected with scab, it shall not be lawful for such owner to remove auy sheep from any such run or runs, farm or farms, for a period of three calendar months after he shall have obtained from an inspector of sheep a certificate that all the flocks in his possession, and depasturing upon such run or runs, farm or farms, are entirely free from disease, unless upon each occasion of removal the whole of such flocks shall be mustered and found free from disease, and the sheep required to be removed shall be dipped under the supervision and to the satisfaction of an inspector of sheep ; and any person offending against the provision of this section shall be liable to a penalty of fifty pounds. “ 22. Whenever the owner cf any sheep shall become aware, or shall have reasonable grounds to suspect, that the same are infected with either scab or catarrh, he shall, within forty-eight hours thereafter, give notice thereof in writing to the owners of all the adjoining runs or farms which are not separated by a natural sheep-prtfbf boundary from the place where such sheep are running, in the manner prescribed for the delivery of notices by section forty-four of this Act, and shall also, within eight days after the said forty-eight hours, give notice thereof to the inspector of sheep acting for the district in which such sheep -are. Every person offending against the provisions of this section shall, for eveiy case in which he shall fail to give such notice, be subject to a penalty not excedicg fifty pounds, and to a separate penalty not exceeding ten pounds for every twenty-four hours for which he shall fail to give such notice after such periods of forty-eight hours and ten days respectively. All sheep shall, for the purposes of this section, be deemed to be infected with scab or catarrh, which shall be known by the owner thereof to have mixed with other sheep ao infected within three months previously, “23. Every owner of any sheep infected with the scab shall cause the same to be distinctly wool-branded on the back thereof with the letter “ S,” such letter not being less than ,four inches in length, ahd such brand shall from time to time be renewed as occasion may require, so that the same shall always be distinct and legible ; and every such owner shall be liable to a fine of not less than sixpence nor more than five shillings for every such sheep not being so branded as aforesaid. “21. If any sheep infected with scab or catarrh shall be found, not being at the time herded by a shepherd, depasturing upon a run not being substantially fenced, or protected by a natural sheep-proof boundary, the owner of such sheep shall be subject to a penalty of not less than threepence nor more than five shillings for every sheep so depasturing, as aforesaid.

“25. If any person shall wilfully abandon auy sheep infected with scab or catarrh upon or along any public road, or upon any land whatever not being in the actual occupation of such person, he shall be liable to a penalty of fifty pounds, or to be imprisoned for any period not exceeding six calendar months : Provided that it shall be lawful for any inspector of sheep to seize or destroy snch sheep, or to cause the same to be seized or destroyed. “ 26. If any sheep iufected with scab shall be found in any pound, or in any public yard or yards, or in any yard or yards at which sheep are offered for sale, it shall be lawful for any inspector to cause every sbeep which he may consider to be so infected, and every sbeep in such pound, or in such yard or yards, belonging to the same flock, to be forthwith destroyed, aud all other sheep for the time being in such pound, or in such yard or yard*, to bo forthwith wool - branded with the letter “S" on the back, by or at the * expense of the owner or owners thereof, and to be forthwith removed to such place or plac.es os he may appoint, and, at the like expense, to be twice dipped under his supervision, and to be kept and maintained in some convenient and proper place until such inspector shall bo satisfied and shall certify that the said sheep are free from scab ; and the owner of any such sheep shall not be entitled to any compensation whatsoever for any sheep so destroyed. . ° 27. Any person who shall remove or cause to be removed from any land in his occupation any skin taken from a sheep which at the time of its death was infected with scab, unless such skin shall be well .and securely packed id a bale or bag, shall be liable to a penalty of not less than five pounds nor more than fifty pounds. “ 28. No certificate shall be given tff any owner of any sheep depasturing on any run until he shall have cleaned the whole of the sheep on such run, or any adjoining run in his possession, unless such adjoining run is substantially fenced. “ 29. No sheep shall be driven through any infected run, or any rua having infected sheep thereupon, without the owner or person in charge first having obtained a certificate, in the form of schedule X) to this Act, from the inspector for the district, under a penalty of not less than ten pounds nor exceeding ono hundred pounds.” • MOVING Oh' DISEASED SHEEP.

Stringent provision is proposed to bo made against tho importation of diseased sheep by sea, and against the removal of diseased sheep from one district to another by land, and it is to be enacted that—- “ 35. It shall bo lawful for tho Governor, from time to time, hy proclamation to bo published in tho Gazette, to appoint one or_ more place or places, at or adjacent to tho inland boundaries of any districts, at some ono or other of which places all sheep to be introduced by laud into any such district shall he crossed over such boundaries, and no sheep shall bo introduced by land into any district unless at some one of such places ; and any person crossing sheep over any such boundary as aforesaid at any other place than the ono

which shall have been proclaimed as aforesaid, shall be liable to a penalty of one hundred pounds. “36. When any sheep are introducer] by sea •or by land into any district, it shall not be lawful for such sheep to be driven, depastured, or suffered to stray to or at a greater distance within the said district than three miles from the part of tho boundary of the district at which such sheep are introduced, until such sheep have been effectually dressed at least twice within fourteen days from the date of their being so introduced, to the satisfaction of an inspector of sheep, with some reputed effective scabdestro3’ing preparation, and until the owner of such sheep has received from such inspector a certificate to that effect; and for tho better and more effectual dressing of auy sheep so introduced, it shall be lawful for such inspector, if he shall think fit, to order the same to bo shorn previously to such dressing; and, for every day during which any sheep 'shall be driven, depastured, or suffered to stray iu contravention of the provisions of this section, . the owner of such sheep shall be liable to a penalty not exceeding one hundred pounds; and the before-mentioned certificate shall, at any time within six months after the date thereof, be produced by the owner of such ; sheep to any person demanding the same under a penalty of five pounds : Provided always that it shall be lawful for such iaspector—ll. q\> authorise the omission of the second dressing herein required in any case in which he shall certify in writing that such second dressingis unnecessary; 2. Toauthoriso the omission of both the dressings herein required iu the case of sheep from any adjoining district upon the production of a certificate from some legally appointed inspector or inspectors of sheep in the district or districts from or through which sheep have been driven, to the effect that such sheep are entirely free from scab, and have not, so far as could be ascertained, been mixed with infected sheep or travelled through infected country for a period of at least six months, if he shall himself be satisfied, after careful inspection, that the sheep are free froiA scab : Provided also that it shall be lawful for sheep landed at any port to be driven to a distance not exceeding twenty miles from the said port* before being dressed at some place specially appointed for the purpose by the inspector by public notice, and if they shall be so dressed within ten days after being so landed. In all cases under this section where sheep arc introduced by land, not less than seven days’ notice in writing shall bo given to the inspector at his office of his being required for the purpose of inspection. “37. When auy inspector of sheep shall have examined any sheep with a view to their importation into any district, either by sea or land, and shall be prepared to grant a certificate in the form of schedule D to this Act, he shall, before granting such certificate, cause such sheep to be distinctly wool-braudcd ou the back thereof, at the cost and char’ges of-the owner of such sheep, with the official brand of the chief inspector of the district. “38. Notwithstanding anything in this*Act contained, it shall be lawful for the owne.r of any sheep in any district tp' cause them to be introduced into any other adjoining district, upon obtaining a certificate from some legally appointed inspector or inspectors of sheep in the district from or through which such sheep have been last driven, to the effect that tho said sheep are entirely free from scab, aud have not, so far as could be ascertained, been mixed with infected sheep or travelled through infected country for a period of at least three months : But in all cases under this section the person in charge of such sheep shall, under a penalty not exceeding ten* pounds, produce such certificate at any time he may bo required to do so by an inspector of sheep, by a justice of the peace, by a constable, or by any person across or over whose land such Sheep may be driven : Provided also that the Governor may from time to time, by proclamation, suspend tho operation- of this clause, aud may from time to time revoke such proclamation, as he may think fit.”

There are miscellaneous provisions giving power to inspectors to call for cvidenceand imposing penalty on persons in charge of sheep who refuse to give evidence. Penalty of not less than five pounds nor more : than one hundred pounds is imposed by danse 41 for the offence of driving or suffering infected sheep to stray on land not being the property in occupation of the owner of the sheep ; and notice is required to be given, under penalty, by any person intending to drive any sheep over any lawfully occupied ran. Infected sheep found trespassing may be destroyed if not removed within forty-eight hours after notice has been served on the owner, and if trespass be repeated after such notice has been twice served within the space of fourteen days such sheep may be destroyed without notice. Sheep dying of catarrh are required to be burned or buried at least three feet under ground. Recovery of strayed sheep is thus provided for : 49. tf Any inspector of sheep may, if he think fit, upon the application of any owner of sheep who has reason to believe that any of his sheep' have strayed to and upon land oya run occupied by any other person, by notice in writing under his hand, require such occupier to muster his sheep in a pen at some time within one month after the receipt of such notice in writing, for the purpose of delivering over such stray sheep to the owner thereof. At least seven days’ previous notice shall bo given by such occupier to the owner of such stray sheep of the time at'which such muster shall be made ; and every such occupier who shall refuse or neglect to comply with any such notice in writing, or to give such previous notice, shall be subject to a penalty not exceeding twenty pounds. But usch occupier shall be entitled to recover from such owner any reasonable expense of mustering or delivering such sheep, as well as any unavoidable damage which may be incurred in so doing: Provided that it shall be lawful for such inspector, if he shall think fit, upon the application of such occupier, to postpone the time fixed for the mustering and delivering’ of such sheep. “50. Every person who shall, except as hereinbefore provided,’ drive or remove any sheep from any laud or run not in his own occupation without the consent ..of the owner of such land or run, shall be liable to a penalty not exceeding fifty pounds. “51. Every occupier of any sheep-station or run who ehall muster his flock or flocks shall, twenty-four hours at least before yarding the same, give notice to the occupiers of all the adjoining runs or stations of his intention so to yard his sheep. Every sheepowner who shall have reason to believe that any of his sheep have straved on to any land in the occupation of any other sheepowner, may, by writing under his hand, require, such other sheepowner to give him notice of his intention tomuster his sheep twenty-four hours at least before yarding the same,"every such notice be? ing given in the manner prescribed for the service of notices by section forty-four of this Act j and every person neglecting to give such notice to any such occupier or sheepowner shall be liable to a penalty not exceeding twenty pounds. In the interpretation of 'this section the word ‘ muster 1 shall mean the gathering of any flock or flocks for the purpose of docking or ear-marking, or. dipping for the cure ef the scab, or of shearing.” Exceptional local conditions existing in the provincial districts of Auckland, Taranaki, Wellington, Nelson, and Marlborough, it is provided that the sections 19, 20, 21, 23, 24, 29, and 41 shall not come into Operation in those districts before the first of January, 1881, unless a* majority of sheepowners ’in a district containing not less than 50,000 acres shall petition the Governor to bring these, sections or any of them into operation in that district. The Act is long, containing 02 clauses. They arc chiefly re-enactments from Acta and Ordinances proposed to be repealed. We have quoted those which appear most important in extenso. The Bill will probably be modified in committee, and passed in a somewhat altered form from that in which it in now presented.