The Waka Maori. WELLINGTON, TUESDAY, MAY 4, 1875. "THE EAST COAST DISTRICT SHEEP ACT, 1874."

Waka Maori, Volume 11, Issue 9, 4 May 1875, Page 92

The Waka Maori. WELLINGTON, TUESDAY, MAY 4, 1875. "THE EAST COAST DISTRICT SHEEP ACT, 1874."

For the information of our native readers of the East Coast, respecting the law in force in that district affecting "Scab," and the penalties to which runholders, who do not keep their flocks clean, are liable, we have thought it necessary to give a concise resume of " The East Coast District Sheep Act, 1874," which was passed by the Provincial Council of the Province of Auckland, on the 27th of June, 1874, and came into force in the East Coast District on the Ist of January, 1875. The Natives on the East Coast are the owners of considerable flocks of sheep, which are depasturing on Native land in that district, all more or less diseased. Our Maori friends should remember that the possession of property is always accompanied by a certain amount of responsibility. It is by a recognition of this fact that the Pakeha is enabled so to manage his property as to make it a source of profit not only to himself but to the community at large. If, for instance, he were to neglect his flocks of sheep, and suffer them to become diseased, as the Maoris do, how could he possibly expect to obtain' a profit from them? —and how could the country be benefited by the industry of sheep-farming ? Yery soon the source would be dried up from which the country is yearly receiving such large sums of money, which so greatly benefit all alike, both Pakeha and Maori—that is to say, there would soon be little or no wool to export, and the money and the manufactures which we receive in return, would be lost to us. This being the case, the Provincial Governments, in their several districts, have passed very stringent laws affecting sheep and their management. And if the country is to be benefited by these laws, the Maoris must, of necessity, be subject to their operation equally with the Pakehas; because if the flocks of the Pakeha are to be kept clean, the flocks of the Maori must be kept clean also, or destroyed.—"A little leaven leaveneth the whole lump." Without further preface, we now proceed to unfold the law on the subject, as in force in the East Coast district, and embodied in " The East Coast District Sheep Act, 1874." Sections 1 and 2 simply give the title of the Act, fix the day when it shall come into force, and enumerate certain Acts by it repealed.

Section 3. Bj this section the district, within which the Act shall be in operation, is defined to bo a district bounded on the North by a right line from Lottin Point to the north-westernmost point of the Waikari Lake; and thence by a line running due North and South to the southern boundary of the Province of Auckland; thence by the said southern boundary to the coast; and thence by the coast line to the starting point. 4. Explains the meaning of terms and words occurring in the Act. The word "station" shall mean all lands in occupation for the purpose of feeding or keeping sheep, whether fenced in or not. The word "sheep-owner" shall mean any owner of sheep, or any person entrusted with, or interested in, the care or management of any sheep within the said district. 5. The Superintendent to have power to appoint Inspectors and Sub-Inspectors of Sheep within the said district from time to time as may be necessary. 6. The Superintendent may set apart and appoint certain places within the district to be quarantine grounds or dipping yards for the purposes of tho Act. 7. Every sheep-owner must in the month of May in each year deliver to the Inspector a return of the total number of sheep owned by him, or under his charge, specifying the sexes thereof, the number of lambs, and the different ear marks and brands. Any person neglecting to deliver such a return will bo liable to a penalty not exceeding £5 for each such neglect or refusal. S. Provides that every sheep-owner shall forward to the Inspector a correct description of the ear mark and brand or brands which it is his intention to use, together with his own name and address, as well as the locality in which such ear mark and brand or brands are to be used ; and the Inspector shall register all ear marks and brands in a book to be kept by him for .that purpose. If, in the opinion of the Inspector, too great a similarity exists between any of the ear marks or brands so received by him, he may refuse to register the same if to him it shall seem just and right so to do. Any person failing to comply with the provisions of this section, or any person continuing to use any particular ear mark or brand after receiving notice from the Inspector to desist from the use of the same, will be liable to a penalty not exceeding £2O for every such offence. 9. After registration, the ear marks and brands on any sheep shall be prima facie evidence of the ownership of such sheep; and all sheep above the age of six months not marked with any registered ear mark shall be deemed to be the property of the occupier of the station upon which they may be found. Any person using any registered car mark or brand owned by any other person, without the permission in writing of such other person be previously obtained, shall for every such offence be liable to a penalty not exceeding £2O. 10. Every sheep-owner shall cause all sheep shorn in his yards or premises to be distinctly branded with the registered brand of the owner thereof previously

to such sheep "being discharged from such yard or premises, and every sheep-owner failing to comply with the provisions contained in this section shall be liable to a penalty not exceeding £lO for every such offence. It shall be lawful, nevertheless, for the. Inspector to grant an exemption from the provisions of this section to any sheep-owner if, in the opinion of such Inspector, no evil would arise from such sheep not being so branded; such exemption to be published in some newspaper within the district, particularizing the flock or flocks so exempt. 11. !N"o person shall so ear mark any sheep as to cause the ear so marked to be reduced to less than two-thirds of its natural size. With the consent, in writing, however, of the Inspector, any sheep-owner may further reduce the ears of sheep which have already been ear marked. 12. If any person shall ear mark or fire-brand any sheep, or efface or deface any ear-mark or brand upon any sheep, without the authority, in writing, of the owner thereof, he shall be liable to a penalty of £2O for every sheep so ear marked or branded by him, or the ear mark or brand of which shall be so effaced or defaced by him. 13. Every sheep-owner shall muster his flock or flocks twice during each year, namely, once when preparing for docking, marking, or branding lambs, and once after shearing ; and in each such instance, and on all occasions of drafting sheep for the purpose of sale or removal from any one station to any other, he shall, at least forty-eight hours before yarding the sheep, give notice, in writing, of his intention so to do to the owners or persons in charge of all the adjoining stations ; or two notices in a local paper, or papers, at least one week previously; and to all the sheep farmers who he may have reason' to believe may have sheep in his flock, or to any sheep-owners who may demand to have such notice given them; and every person neglecting to give such notice before so yarding his sheep, shall for each such offence be liable to a penalty not exceeding £25. Such notice must be delivered personally to the owner or person in charge of each station, or, in his absence, be left at his principal place of residence, or at the homestead of the station. But if notice of such muster or drafting for removal or sale be inserted twice in some newspaper published within the district, it shall not be necessary to give notice in writing, as firstly by this section provided. 14. "Whenever any ram or rams shall be found trespassing, the owner or person in charge of the station trespassed upon shall impound such ram or rams in his own yards and give notice immediately to the owner of such ram or rams (if known), and at the expiration of forty-eight hours from delivery of such notice the impounder may castrate such ram or rams if not previously removed. Any person sustaining

loss or injury from such ram or rams being at large may recover damages therefor in any Court of competent jurisdiction. 15 ; Every person driving sheep within the said district, before entering on any station, shall give twelve hours' notice at least,-to the owner or person in charge thereof, of his intention to drive sheep through such station; and, if the person so driving shall fail to so drive within twenty-four hours after the delivery of such notice, a fresh notice shall be required; and every person neglecting to give such notice shall be liable to a penalty not exceeding £lO for every such offence. Such notice shall be delivered personally to the owner or person in charge of such station, or, in case of his absence, be left at his usual place of abode, or at the homestead of such station. 16. Whenever travelling sheep get intermixed with other sheep, the driver or person in charge of such travelling sheep shall give immediate notice thereof to the owner or person in charge of the station where such intermixing occurred, at whose request the sheep so intermixed shall be driven to the nearest available yard and drafted out. Any person failing to comply with this provision shall be liable to a penalty not exceeding £2O for each such offence. Provided always that the owner or person in charge of such station shall have used reasonable means to clear the roa»d. •17. Every person in charge of sheep travelling through land not belonging to the owner of such sheep shall, weather permitting, drive such sheep a distance of not less than five miles during every twent}'-four hours they shall remain on such lands, and every person failing to comply with this provision shall be liable to a penalty not exceeding £lO for every such offence. IS. Every sheep-holder having reason to believe that any of his sheep are insected with "Scab," shall with all reasonable dispatch cause a written notice to that effect to be given to the Inspector, or Sub-Inspector; and any sheep-owner neglecting to comply with this regulation shall be liable to a penalty not exceeding £SO for every day during which such neglect shall continue. If, moreover, it be proved by the Inspector, or a Sub-Inspector, that one or more sheep in any flock are infected with the said disease, and that no notice thereof has been sent to him the said Inspector, or Sub-Inspector, then the owner of such sheep shall be liable to a penalty not exceeding sixpence per head for every sheep running in the same flock together with the sheep so infected. No person, however, who shall have been convicted under this section shall be liable to any farther penalty under the same on account of the continuance of such disease in the said sheep until the expiration of six months after the date of such conviction as aforesaid. 19. It shall be the duty of the Inspector, or SubInspector, on receipt of such information as shall lead him to suspect that any sheep within the district are infected with " Scab," without delay to visit and

examine such sheep; and for such purpose it shall be lawful for him, at all reasonable times, to enter upon any lands and premises, and. to require the owner or person in charge thereof, to muster the whole or any portion of the sheep • thereon at all reasonable times. And any such owner or person m charge refusing or neglecting with all reasonable speed and care, to muster such sheep, shall be liable to a penalty not exceeding £2O for each such offence. 20. If the Inspector, or Sub-Inspector shall be of opinion any sheep examined by him are infected with " Scab," he shall give notice in writing to that effect to the owner or person in charge thereof, and the said owner or person in charge shall inform the adjoining sheep-owners of such notice, and the Inspector, 01* Sub-Inspector, shall give directions in writing for the dipping and genera] management of such infected sheep. Any sheep-owner failing to comply with any part of such directions shall be liable to a penalty not exceeding £5 for every day during which such neglect shall continue. 21. All sheep within the said district that are infected with "Scab," shall, in addition to any other brands required by this Act, be legibly marked on the top of the rump with the letter " S," if eed colour, such letter to be at least four inches in length and such sheep shall be kept so marked so long as they shall continue so infected, and every person failing to comply with these provisions shall be liable to a penalty not exceeding £SO for each such offence. 22. All sheep that have been dressed for the cure of Scab,' shall be deemed to be "Scabby" for the period of three months thereafter. If at the end of six months the said flock are found to be " Scabby," and it shall appear that the Inspector's instructions have not been carried out, the owner sball be liable to a penalty of £100; and the Inspector may, with the authority of the Court cause a competent person, to take charge of the said flock at the expense of the owner, until the disappearance of the disease. 23. Every sheep-owner before bringing any sheep overland into the said district shall, not less.than (3) three days nor more than (21) twenty-one days previously, give a written notice thereof to the nearest Inspector, or Sub-Inspector, by causing the same to be delivered to him, or left for him at his usual place of abode. Such notice shall state the number and sexes of the sheep intended to be imported, where originally purchased, whence driven, and also the time and place adjacent to the boundary of the district when and where such sheep will be mustered for examination by the Inspector, or Sub-Inspector, and such sheep shall not be permitted to continue their journey before such Inspector, or Sub-Inspector, shall have furnished the person in charge thereof with a certificate that the said sheep are free from " Scab." Every person who shall in consequence of any error, or want of sufficient information in such notice, detain the Inspector, or Sub-Inspector, who shall have gone to visit such sheep, shall be liable to a penalty of £1 for every day during which such detention shall continue, not however exceeding twenty days in the whole. 24. Any sheep-owner who "shall, without the permission in writing of the Inspector, or Sub-Inspector, remove any sheep infected with " Scab," or allow them to be removed, or allow them to stray from the

lands on which tliey have been usually kept, or introduce any such sheep into the district either hy land SiArtl 61 "' s h be liable to a penalty not exceeding ever y suc k offence, and any further sum not exceeding £lO for every day or part thereof during which such sheep shall not be on the said lands on been usually kept, or during which (it introduced) they shall remain in the district. ~0. If the Inspector, or Sub-Inspector, shall have icason to suppose that diseased sheep are being harboured in or driven through any part of the district, he may lay information before any two Justices of the Peace or a Resident Magistrate for the said district, who may authorize the Inspector, or a Sub-Inspector, to take such measures as may be necessary; and all necessary expenses thus incurred shall be payable by the owner of such sheep, and may be recovered by the Inspector in any Court of competent jurisdiction. 26. Any person intending to drive sheep from any part of the said district in or near to which infection exists, or has existed within a period of six months pie\iously, shall, before doing so, obtain a certificate from the Inspector, or a Sub-Inspector, that the said sheep arc free from " Scab," which certificate the person so travelling the said sheep shall be bound to produce when required to do so by the Inspector, or a Sub-Inspector, or person in charge of any station through which the said sheep may pass. Any person failing to comply with any of the requirements of this section shall incur a penalty not exceeding £2O for every such offence. 27. Every person intending to land sheep from-on board any ship, vessel, or boat in any harbour, or upon any part of the coast of the said district shall, before landing the same, cause a notice in writing, mentioning the place from whence they came, to be delivered to the Inspector, or a Sub-Inspector, who shall visit and examine such sheep and direct in what manner they shall be dealt with. Any person failing to comply with the provisions of this section shall be liable to a penalty not exceeding £IOO for every such offence. 2S. Any person dressing or destroying any diseased sheep not known by the Inspector or Sub-Inspector to be diseased shall, immediately after such dressing or killing, cause a written notice thereof to be given to the Inspector, or Sub-Inspector; and any person who shall fail to give such notice, or shall dress or destroy any sheep for the purpose of concealing the existence of such disease, shall be liable to a penalty not exceeding £lO for every sheep so dressed or destroyed. 29. Every sheep running in any flock in which there shall be one sheep infected with the disease called " Scab," or with which such one sheep shall have mixed within three months previously, and every sheep being or having been in any ship, vessel, boat, shed, or yard, or on any land in or on which there shall be or shall have been within the same period one sheep so infected, shall be deemed to be infected within the meaning of this Act.

30. Any steep-owner who shall be dissatisfied with the decision of any Inspector or Sub-Inspector mav, at any time within three months after such decision shall have been given, appeal to the nearest Resident Magistrate, or two Justices of the Peace sitting in Court, and they may hear and decide equitably upon such appeal. Not less than seven days' notice of such appeal must be given to the said Inspector, or Sub-Inspector. In case any Inspector or Sub-In-spector shall be proved to have been guilty of any wilful neglect of duty he shall be liable to a penalty not exceeding £2O for every such offence. 31. Any person who shall obstruct or interfere with any Inspector, or Sub-Inspector, in the execution of any duty imposed upon him by this Act shall be liable to a penalty not exceeding £SO for every such offence. district any bale or package of wool or sheepskins coming from any infected station or district. Any person not complying with the provisions of this section shall be liable to a penalty of £IOO. 38. Relates to the recovery in the law Courts of moneys payable under this Act. 34. For the purpose of providing funds for defraying all expenses to be incurred in carrying out the provisions of this Act every sheep-owner in respect of every single sheep owned by him within the district, shall pay annually such sum by way of fee, not exceeding one half-penny, as the Superintendent shall fix aud appoint. 35. Such fees shall be payable to the Inspector, and recoverable by him in any Court of competent jurisdiction. 36. All fees received by the Inspector shall be paid by him into the Provincial Treasury. 37. _K"o accumulative penalty to be imposed under the said Act shall exceed £IOO for any one offence. We trust those of the Natives who have turned their attention to sheep-farming will see from the above that the subject is regarded by the Pakehas as one of the utmost importance, and that men cannot be suffered to allow their sheep to wander about at wil], as a drove of pigs, without proper care and attention.