THE SHEEP ACT.

Patea Mail, Volume IV, Issue 403, 26 February 1879, Page 2

THE SHEEP ACT.

From the Auckland Weekly News. Tiik Sheep Act, 1878, which came into force, except in the sheep districts of Marlborough, on New Year’s Day, is to’the owners of sheep one ut! the most important results of the recent session. In it Parliament has given unequivocal utterance to its determination to'stamp out scab, and as a friendly warning to those interested of the risk's they run if they do not part company with infection, we purposegiving a synopsis of its contents. The importance to the colony of its main export, and the loss to careful settlors arising from scab amongst their neighbors’ flocks, have called for this stringent remedy. One glance at its provisions will he enough to shew the most reckless that it is better to get rid of scab in order to avoid the Act than to'wait for its coercion.

Before going through its sections, we will notice, out of order, one of its later provisions, which, though not compulsory is important in districts seriously infected with lice. By section 68, if any sheep in a district are infected- withlieo the inspector may take such steps as seem best to him for cleansing them, and if the owner neglect to cleanse, may declare them infected sheep, which shall have the same effect as if they wore infected with scab. Tims the ensuing provisions may apply ti> sheep infected with lice, when declared,-as" well as those infected with scab.

All appointments and rules and regulations heretofore made are to continue in force until revoked, and after enacting that the Governor may gazette and subdivide districts and proclaim them “ clean” or “ infected,” the Act goes on to provide mspectors for districts,and for subdivisions, enacts penalties for their misconduct, protects them against actions' unless brought within three months, provides for their use at the ports of entry an inspector’s brand, which must be registered, and to assimulate to which by using any brand not readily distinguished therefrom, is punishable by a fine from £25 to £IOO. [The official brand for the colony will he a broad arrow, not less than four inches in length.] The inspector may call on the owner to make a declaration that his sheep have not been dipped, not exposed t© certain opportunities of infection for three months before. Neglect to make this declaration incurs a fine of from £lO to £SO ; falsehood in it, a minimum penalty of £IOO or six months imprisonment, and the inspector may demand corroboration of it, if necessary, or refuse a certificate of default. He may require persons in chargb of sheep to give evidence under a penalty of £2O, am? falsehood therein enacts the same punishment as if in the declaration. The next two sections, 21 and 22, direct every sheep owner under a penalty of £2O, to send to the Inspector during June a return in a given form of all sheep owned by him on the previous 31st of May ;*and ;the inspector to send to the Colonial Treasurer in July a return of all the sheep in the district. Ever}- sheep-owner is also to pay, before the Ist of September, to a’ person appointed by the Governor, 2s for every 100 or part of 100 sheep or lambs in his return, and in default of payment, that sum becomes a Crown debt, and recoverable accordingly. With regard to the possession of infected sheep, the inspector may order the owner to clean effectuallj T within six months, and a fine of from’Sd to Is per head may be imposed if the owner does not make certain continuous reasonable exertion.'. Additional fines of from 4d to 2s per head are incurred for each successive period of six-months during which'they remain ' in-* fected. Sheep owners must give notice of infection to inspector and neighbours, • -v/ithih forty-eight hours’ after they have reasonable ground to suspect it, under a penalty of from £lO to £SO, and an additional fine under £lO for every twentyfour hours of del a} r . The inspector is forthwith to examine, and if the sheep are infected, to advertise it. All infected sheep are to be wool branded, on the back with the letter S four inches long, on peril of a fine from 3d to 3s per head. Rams are to be kept from all infected ewes, under a penalty of from £1 to £lO per ram per day. Infected sheep must be shepherded or fenced in, under a fine of from 3s to 5d per sheep, and the inspector may if necessary, 'order them to be tended by day and; yarded ■'by night, under a penalty of from? £5 to £25. If the owner has several" adjoining flocks, of which one is'infecte'd, he may not remove any from his runs until three months after he is altogether clean, except by leave of the inspector, and after dipping—penalty, £52. The abandonment of any infected sheep on the

Road, or ou any one else’s laud, without burying, incurs a fin'e of £SO or six months imprisonment, and the abandoned sheep may be destroyed and bund. An infected sheepskin maj' not be removed except in a bale under a penalty of from £5 to £SO. No sheepowner is to'get a clean certificate until he has cleaned his whole run, or all the runs he has which join each other. If a sheep-owner fails or neglects to clean, a Resident Magistrate may authorise the inspector to take possession of the sheep and clean them at the owner’s cost. Penalty on for not affording facility is anything under £?0 per diem.. The inspector is only liable for wilful, damage.The inspector may destroy ‘all' infected sheep, and all. others of the same flock found in any pound or sale-yard. All other sheep found in the same place are to be branded as scabby (S), dipped twice by inspector at - owner’s cost and kept till clean. No compensation is to be paid for sheep so destroyed. The introduction of sheep by sea is regulated by sections 35 to 39, under a penalty not exceeding £IOO. Landing any infected sheep, or any clean sheep if they have not been inspected and a clean certificate given by the inspector within 10 days before, incurs a minimum penalty of £IOO, and £IOO per diem while they remain. The shipmaster who permits the landing without the clean certificate, incurs a fine. Sheep imported from a clean district, and found to be clean, may go to any paddock approved by the inspector within 12 miles of the landing-place, and may be killed within 10days of landing. If hot so killed, they must be dipped, and can then be driven within the district oh the written permission of the inspector. Sheep imported from an infected district, or from outside the colony may, if found dean, go to anv paddock approved by the inspector, within six miles of the landing-place, and go, within 10 days, on written permission of inspector, to slaughter-yaui to be killed. If not so killed, they are to be dipped once or more, and not moved without written certificate of the inspector that they have been so dipped. Sheep imported and found infected must be taken in a vehicle to a 3 r ard within three miles of the landingplace, and either killed or dipped twice or oftener, and not moved without a clean certiycate. When imported sheep have been passed by the inspector, they are to be wool-branded with the inspector’s brand at owner’s cost.

The removal of sheep by land from one district to another is provided for in sections 40 to 44, Which enact that the Governor may gtzette crossing-places, at which alone sheep may cross the district boundary, under a minimum penalty of £IOO for crossing elsewhere. Sheep must not be driven out of a clean district, nor from an infected district into another infected district, without a clean certificate for such sheep, and seven day’s notice to the Inspector of the district they go to, under a penalty of from £lO to £IOO. And if sheep ate.driven from an infected to a clean district, they must have been examined and certified as clean within 14 days before, and seven day’s notice must be given to the Inspector of the district they.are going to. Any default incurs a minimum penalty of £IOO, ami if the flock exceeds 100, a further penalty of from 5s to £1 per head, and the Inspector is not to grant the clean certificate unless the importer of the sheep has made a declaration that the sheep have not within three months been (lipped or exposed to certain opportunities of infection. Falsehood in this declaration, or neglect by the Inspector to obtain it, incurs the usual punishment. After the sheep have crossed into the clean district they may not penetrate more'than three miles, unless within 14 days of their entry they have been twice effectually dipped, and the Inspector has so certified, and ho may order them to be shorn before dipping. The penalty fur neglect is, hot exceeding £IOO. The miscellaneous provisions include straying or driving’of infected sheep on the highway without leave of the inspector, or on any other person’s land, which incurs a fine oi from £5 to £IOO. Driving sheep without the inspector’s leave through any infected run entails a fine of 2s per head, but not under £lO. Tins, however, does not prevent the return of sheep trespassing on an infected run. A separate information may be laid by each runholder on whom tlie infected sheep have trespassed. The driver must give to any runholder 24 hours’ notice before driving sheep across his run, ! and inust cross within three days after the notice, under a penalty of from 3d to Is per head. The occupier of land which sheep are crossing, may inspect them,' and the occupier of any neighboring run may'demand the clean certificate or written permission of the inspector, and if it is not shewn may inspect them, and the person in'charge incurs a fine of £SO if he neglects to afford facility to inspect. The owner of an infected sheep found on any other 1 run must remove it within 48 hours after notice, and if the owner cannot be found the occupier may destroy it. If after the service of two notices within 14 days anymore of the same owner’s infected sheep shall within a week from the service of the laut notice again trespass, the occupier may destroy' the trespassers if they are under 100 —but must within seven days certify a I the facts to the inspector, under a penalty of from £1 to £25.' If a sheep-owner has not everything ready for dipping within a month after scab has broken out in his sheep, he incurs a'fine of from £25 to £IOO. Throwing the carcase of infected sheep into any stream or pond is punished by fine offrom £5 to £2O. The owner of any sheep dying of catarrh must within 12 hours of their death burn or bury them three feet deep, under a penalty of from 10s to £5 per head. Any owner who has lost sheep may ask the inspector to order any other pioprietors to muster his sheep and return strays. The loser is to receive from the niusterer seven days notice, and is to idemnify him against loss and damage. Disobedience incurs a fine not exceeding £2O. Driving any other person’s sheep without authority is punishable with a fine under £SO. Every holder of a run exceeding 500 acres and not substantially fenced must give twenty-four hours notice to all his neighbors before he musters for dipping, cutting, marking, shearing, or removal from his run. And any sheep-owner may by writing require any. other to give him twenty-four hours notice before mustering under a' penalty of ; ;£2Q., Any person wilfully communicating scab or catarrh to any sheep is made guilty of misdemeanor. Any person who makes a false return under the Act may be fined ‘from £lO to £loo. And nothing in this Act limits ■any other remedy at law of a person who has .suffered damage. The procedure under the Act is,summary before justices. The inspector or any other person interested ' may prosecute. The onus of proving that ho had a clean certificate, or any other exemption, is cast on the defendant, who is, however - , made a competent witness.' j When the individuality of the owner is I

doubtful, ; judgment may "be given against* him merely as “ owner,” and execution may be levied on the sheep concerning which'a judgment has been given, shall, for 10 days, be liable to execution' thereunder, notwithstanding any sale or other dealing.