THE SHEEP ACT, 1878.

Marlborough Express, Volume XIII, Issue 1080, 20 November 1878, Page 6

THE SHEEP ACT, 1878.

(Continued from our last isme.) Any master of a vessel allowing sheep to be landed without a certificate shall be liable to a penalty of £100. Sheep introduced by sea, if coming from a clean district, shall be inspected without delay, and if found not infected may be driven to some secure place approved m writing by the Inspector, and being not more than 12 miles from the landing place, and from thence to any other secure places approved m writing by th« Inspector, and may be slaughtered at any time within ten days of this landing, but if not so slaughtered they are to be effectually dipped to the satisfaction of the Inspector, and may then, with his written permission, be driven toany part of the district. If coming from an infected district or from any place outside the colony they shall be inspected without delay, and if found not to be infected they may be driven to some secure place, approved m writing by the Inspector, not being more than six miles from the landing place, and from thence, with the written permission of the Inspector within ten days, to any slaughter-yard for the purpose of being slaughtered ; and if such sheep shall not be slaughtered within ten days of their being landed they shall be forthwith effectually dipped once or oftener to the satisfaction of the Inspector, and may, not be moved to any other park of the district without the written certificate of the Inspector that they have been so dipped. If any snch sheep shall be found to be infected, they shall be forthwith taken m a vehicle to some secure place to be appointed by the Inspector, not being more than three miles from the place of landing, and shall there be either immediately slaughtered or effectually dipped twice or of t'ener to satisfaction of the Inspector ; and such sheep shall no be removed from such place until the lnspectorshall have granted a clean certificate for the same. Any one offending against the provisions of this section shall be liable to any penalty not exceeding £100. • Sheep examined for importation must be branded with the importer's brand. Clauses 40, 41, 42, 43, and 44, relate : to the removal of sheep from one district to another. It is provided that it shall not be lawful for any person to introduce by land any sheep from a clean district, into any other district, or from an infected district into an infected district, unless he shall hold a clean certificate, and he shall have given to the Inspector of the district into which they are to be introduced at least seven days' previous notice of his intention; so to introduce them, stating m such notice the Humber of of such sheep, and the point at which, and the day on which, it is intended they shall cro&s the boundary of the district. Every person offending against the provisions of this section shall be liable to penalty of not less than LlO nor exceediog LlOO. It shall not be lawful for any person to introduce by land any sheep from an infected district into a clean district, unless within fourteen days previous to such introduction siiGh sheep shall have been examined by an Inspector and he shall have granted a clean certificate for, the same, nor unless such person shall ; have, given to the Inspector of the district inijo which

such sheep are to be introduced at least seven days notice under a penalty of LlOO, and m case the number of sheep exceed one hundred, to a further penalty of not less than five shilliugs nor more than LI for every aheep. The Inspector's certificate may be lodged with the Inspector of the District m which the sheep were landed, and if not so lodged, shall within 6 months be produced by the owner to any Inspector, J.P., constable or sheep owner, demanding the same under a penalty of L 5. A declaration m the form of schedule " E " appended to the Act must be made before a certificate is granted under this section. Any person making a false declaration is liable to a penalty of LlOO with the alternative of 6 months imprisonment. Any Inspector granting a certificate without complying with this section shall be liable to a penalty of LlOO. Sheep introduced from infected to clean districts must not be driven, depastured, or suffered to stray a greater distance than 3 miles from the boundary of the district at which they were introduced until they have been dipped at least twice within fourteen days, and the Inspector may, if he think fit, order them to be shorn. The owner is liable to a penalty not exceeding LlOO for contravention of this section. Places may by proclamation be appointed on the inland boundaries of districts at which all sheep shall be introduced. Clauses 45 to 69 inclusive come under the head of " Miscellaneous" and make provision as follows : — If any person shall, by himself, his agent or servant, drive, depasture, or negligently suffer to stray, any infected sheep across or upon any land not being the property of nor being rented by such person, and not being land of which he shall have the right of pasturage, or upon or along any highway, such highway not being within the boundaries of the run occupied by the owner of such sheep, he shall for every day during which such sheep shall be so driven, depastured, or negligently suffered to stray, be subject to a penalty of not less than five pounds nor exceeding one hunnred pounds ; provided that no person shall be liable to any penalty under the provisions of this section for driving, depasturing, or suffering his sheep to stray upon any highway, so long as, he shall do so with the written permission of the Inspector. No sheep Bhall be driven through any infected run under a penalty of not less than LlO, nor when the number shall be more than one hundred, 2s per sheep. The Inspector may give permission for any sheep to be so driven if he 13 satisfied that sufficient precautions are taken to prevent such sheep from becoming infected. Infected sheep trespassing may be returned to the owners provided that no infected sheep shall be driven through any run whereon sheep are depasturing for which a clean certificate has been granted and is m force. Separate informations may be had for every run crossed 24 hours. Notice must be given to the occupiers before sheep are driven across a run, and persons offending against this section, shal be liable to a penalty of not less than three pence nor more than one shilling for each sheep. The occupier may without warrant inspect sheep on his ruu, and any person Tefusing to allow such inspection or offering obstruction shall be liable toapenalty of£so. Infected sheep trespassing, and not removed within 48 hours after notice being given to the owner, or if the owner cannot be discovered, may be destroyed. If, after the owner has been twice served with such notice within 14 days, any sheep of such owner shall afterwards within the space of a week be again Jfound trespassing on the same run, they may be destroyed without further notice if they are less than 100 m number, provided that the nature of reasonable enquiry, together with the number and marks or brands of the sheep so found and destroyed shall be certified m writing to the Inspector within 7 days' of their destruction, under a penalty of not less than L 5 nor more than L 25. A penalty of not less than L 25 nor more than LlOO is imposed on any owner who shall not, within a month after his sheep are found to be infected, have m readiness a dip and material to the satisfaction of the Inspector. Infected sheep are not to be thrown into any stream or pond under a penalty of not less than £5 nor more than £20. Sheep dying of catarrh are to be burned and buried within 12 hours after death under a penalty of not less than ten ten shillings nor more than £5 for each carcase. Any Inspector may, on the application of any owner who has reason to believe that any of his sheep have strayed on to a run occupied by another person may, by notice m writing,- require the occupier to muster his sheep within a month for the purpose of delivering over the stray sheep. At least 7 days' notice must be given by the occupier to the owner of the stray sheep, stating the time at which the muster shall be made under a penalty not exceeding £20, and such occupier shall be entitled to recover from such owner any reasonable expenses of mustering or delivering as well as for any unavoidable danger that may be incurred. A penalty not exceeding L5O is provided for the unauthorised removal of sheep. Every occupier of any run exceeding five hundred acres m extent and not substantially fenced, who shall muster his flock or flocks for either of the purposes of dipping or dressing, or cutting and tailing, or ear-marking, or shearing, or removal from the run, shall, 24 hours at least before yarding the same, give personal notice to the occupiers of all the adjoining runs of his intention so to yard his sheep. Every sheepowner who shall have reason to believe that any of his sheep have strayed on to any run m the occupation of any other sheep-owner, may, by writing under his hand, require such other sheepowner to give him personal notice of his intention to muster his sheep twenty-four hours at least before yarding the same ; and every person neglecting to give such personal notice to any such occupier or sheepowner shall be liable to a penalty not exceeding L2O. If any person shall wilfully communicate or cause to be communicated to any sheep either of the deseases called scab or catarrh, he shall be guilty of a misdemeanour. Every person who wilfully falsifies any return required to be made under this Act shall be liable to a penalty of not less than LlO nor exceeding LlOO. Nothing m 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 infected sheep, of any remedy which he might have had at law or otherwise for recovering the same if this Act had not been passed. Every offence by this Act made punishable by imprison-

ment, with or without hard labour, or by a pecuniary penalty, shall and may be prosecuted m a summary way before auy two Justices of the Peace. Any Inspector, and any occupier of a run or other person interested, may prosecute, for any fines or penalties incurred by any breach of this Act : If such occupier does not prosecute, then the Inspector shall prosecute for any such fine or penalty : No abandonment of any such prosecution by any occupier, and no compromise made by any person, shall affect the Inspector's power or duty to prosecute for and recover such fine or penalty. In all proceedings, taken against any person for any breach of the Act the onus of proving that such person held a clean certificate, or was otherwise exempted from the operation of any«penalty hereby imposed, shall rest upon the defendant, who shall m all such proceedings be competent to give evidence. If any person against whom any proceedings may be taken as owner of any sheep disputes his ownership, or if it is uncertain who is the owner, the adjudicating Justices may give judgment against the owner of such sheep by description merely, and may direct that the penalty and costs shall be levied by seizure and sale of sheep and if the amount realised is not sufficient to satisfy the judgment, then the difference may be recovered by a levy upon any other property of the owner. When a conviction is made, the sheep shall for the purpose of any warrant of distress following within 10 days be deemed to be the property of of the person against whom the conviction is made. In those districts m which sections 23, and 27 are suspended, the following provisions shall be m force so long as such sections shall be so suspended therein, and no longer : — The owner of any infected sheep which shall have been infected for the space of twelve months after the coming into operation of this Act shall be liable to a penalty of ten pounds, aud to a further penalty of one farthing for every infected sheep m his possession at the end of a further period of six months ; and for each further period of six months, until the sheep shall be certified to be clean, he shall be liable to such a penalty as will be represented by the addition of the sum of L2O to the amount of the penalty for which he was liable at the expiration of the previous period of twelve months, and also to a further penalty of one halfpenny for every infected sheep m his possession. It shall It shall be the duty of the Inspector to lay a fresh information against the owners of any infected sheep at the expiration of every six months from the date of their infection, until a clean certificate shall have been granted for such sheep. All fees, flues, penalties, and sums of money imposed or made payable by this Act shall, when recovered, be paid into the Consolidated Fund. If any Inspector shall be satisfied that any sheep m a district are infected with lice, he shall take such steps m the matter as to him shall seem best for the cleansing-of such sheep, for which purpose he shall, and may, if the sheepowner neglects to cleanse his sheep, exercise all the powers granted to him by this Act, as if the said sheep were infected with scab, and shall have power to declare them infected sheep ; and all sheepownera and other persons shall, if the Inspector shall have declared the sheep to be infected sheep, be liable, m respect of sheep infected with lice, m the same manner as if the sheep were infected with scab. Sheep may, within the Provincial District of Marlborough, be driven under special permit m writing from the Inspector, who shall first satisfy himself that the said sheep have been properly dressed : Provided that no such permit shall allow sheep to be driven through lands owned by a person holding a clean certificate, except with the ower's permission.