Page 4 Advertisements Column 1

Hawke's Bay Herald, Volume 13, Issue 1054, 4 June 1869, Page 4

Hawke's Bay Sheep Act 1869. (As reported by Chairman of Committees.) A Bill to repeal various Acts relating to Sheep and to make other provision in respect of the same. 1. The Short Title of this Act shall be " The Hawke's Bay Sheep Act 1869. 2. The Acts specified in the Schedule A to this Act are hereby severally repealed. 8. The meaning of the following terms and words occurring in the contest of thia Act shall be governed by the following interpretations when not otherwise specially limited. (a) " Province" shall mean the Province of Hawke's Bay. (&) " Station" shall mean any land upon which sheep are harbored or depastured. (c) " Sheep owner" 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 or Catarrh. Also Sheep which have been dressed for scab within 40 days. Also any Sheep, driven from a station not possessing a certificate from an Inspector in form Am the Schedule of forms hereto. Also Sheep imported by sea or overland without a certificate from an Inspector in form B in the Schedule of forms hereto. 4. The Superintendent may from time to time by Proclamation in the Hawke's Bay Gazette 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 Oflicers shall be voted by the Provincial Council. 5. The duties of Inspector shall be as follows : — (a) To keep in a Registry Book at the priucipal 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 Sheep owner with their respective earmarks and brands. Su'cbTSleturn to be forthwith published in the Provincial Gazette. Such Registry Book shall be compiled in the form 0 in Schedule hereto and shall be open at all office hours for inspection by any person applying to examine the same upon payment 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 aud to forthwith as the same may be collected pay the amount into the Provincial Treasury. ( c) 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 laud or sea of diseased Sheep and to cause the same to be killed wherever found in the Province. (c) Generally to do all such acts as are intended to come within his scope under the provisions of this Act. 6. Every Sheep owner not having an earmark and brand registered before the passing of this Act shall within one month after the proclamation of the Governor's assent to this Act register at the principal office in Napier the earmarksjjand brands which he proposes to use. Provided that it shall not be lawful for any person to register any earmark and brand already registered by another Sheep owner. And all Sheep above six months old haviug no registered earmark or braud shall be deemed to be the property of the person upon whose Station they shall be found depasturing. 7. Every Sheep owuer 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 specifying the different ear-marks and brands pertaining thereto and distinguishing their sexes. 8. Every Sheep owner shall in the month of August in every year pay to the Inspector on demand the sum of one-eighth of a penuy per head for all Sheep above six months old as returnable by such owner or bailee under Clause 7 of this Act. 9. It 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 may cause them 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 any Sheep into the Province give at least 21 days' written notice thereof to the Inspector by leaving the same at his office in papier Such notice shall state the number and sexes of the Sheep intended to be imported and shall state where such sheep shall have been originally purchased and"wnence driven And also the time and place adjacent to the Boundary of the Province when aud whereat such Sheep will be mustered for examination by an Inspector under this Act And such Sheep shall not be permitted to continue their journey before an Inspector shail have furnished the drover thereof with a certificate in the form B in the Schedule hereto. 12. Every Sheep owner shall muster the Sheep in hia possession or charge before dockiug the same aud before shearing the same and shall give twentyfour hours' notice in writing of such musterings to the abutting Sheep owners. And every Sheep owner shall furthermore forthwith muster his flock before an Inspector who shall be entitled to call for a special muster by virtue of an order signed by any two Justices of the Peace who are hereby authorised to make such order upon sufficient cause being shown. 13. Every Sheep owner so often as he may draft Sheep for the purpose of sale or removal from hia station shall before yarding the same give i at least twenty-four 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 preveut such notice being given. 14. It shall not be lawful for any person to remove more than one-third of the ear of any Sheep. 15. Every drover or his employer shall give at least 24 hours' notice 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 laud he proposes to drive except where such land abuts oil a public road fenced on both sides. 16. 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. 17. Every drover or persou in charge of travelling Sheep shall so often as j 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 owner overseer or shepherd of the Station where such intermixing occurred with whose consent j the Sheep so intermixed shall be driven to the Station or nearest yard for the purpose of drafting. 18. Whenever any Ram or Rams shall be found trespassing the owner or person in charge of the laud 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 castratiou shall be resorted to. 19. 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 auy two Justices of the Peace who after hearing such information or complaint may issue; a warrant for the detention of such Sheep or may authorise an Inspector to take such measures ! as way in his discretion be sufficient to meet the case. 20. Every Sheep owner shall cause to be distinctly branded with a registered brand or distinctly marked with raddle or other pigment all Sheep shorn in his yards or premises previously to such Sheep being discharged therefrom. 21. The damages and penalties hereinafter authorised or required to be imposed by this Act shall be recovered or enforced in a summary way before auy two or more Justices of the Peace in the manner provided by the "Resident Magistrates' Act 1867" : Provided that nothing in this Act shall be construed to limit or abridge the right of any person to recover before the ordinary tribunals of law redress or compensation from the owners of diseased sheep or of trespassing rams for any loss damages or expenses suffered or occasioned by the travelling or trespass of diseased Sheep or by the trespass of rams. (1.) Any person obstructing or interfering with an Inspector in the execution of his duty shall be liable to a penalty for every such offence not exceeding £50 and costs. (2.) Any person after the passing of this Act usurping or pirating the registered ear-mark or brand of another person shall be liable to a penalty not exceeding £10 for each offence and such penalty may be cumulative from month to month until the cause of action be finally removed. (3.) Any person neglecting in any material point to make the return provided for in Clause 7 shall be liable to a penalty not exceeding £20 and costs. (4.) Any person importing by sea sheep into the Province except at the Port of Napier shall be liable to a penalty of £100. (5.) 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 £25. (6.) Any Sheep owner or person driving Sheep overland into the Province without previously giving the notice and observing and performing the con- - x ditions provided in Clause 11 shall be liable to a penalty not exceeding £50. (7.) Every Sheep owner neglecting to deliver or cause to be delivered any of !■;■ the notices required by Clauses 12 and 13 shall be liable to a penalty not exceeding £10. (8.) Any person removing more than a third of the ear of any Sheep shall be liable to a penalty not exceeding £1 for each offence. (9.) Every drover or his employer neglecting to give or cause to be given the notice provided in Clause 15 shall be liable to a penalty not exceeding £10.