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Canterbury Sheep Ordinance 1872

14. The Canterbury Sheep Ordinance 1872

[19^th June 1872.

Whereas certain Ordinances were passed by the Superintendent and Provincial Council of the Province of Canterbury intituled “The Sheep Ordinance 1864” and “The Sheep Ordinance 1864 Amendment Ordinance 1869” And whereas it is expedient that the said recited Ordinances should be repealed and that other provision should be made in lieu thereof:

Be it therefore enacted by the Superintendent of the said Province by and with the advice and consent of the Provincial Council thereof as follows:-

1. Repealing clause.

From and after the passing of this Ordinance the above recited Ordinances shall be and the same are hereby repealed except in so far as the same extend to repealing any previous Ordinances All legal proceedings in execution of the said Ordinances taken before the coming into operation of this Ordinance shall be as valid to all intents and purposes and may be continued executed and enforced after this Ordinance shall come into operation in the same manner as if this Ordinance had not been passed.

Branding, etc., of Sheep.

2. All sheep to be branded.

All sheep and lambs above the age of four months within the Province of Canterbury shall be branded on the wool thereof with the registered brand of the owner which brand shall from time to time be renewed as occasion may require so that the same shall always be distinct, and legible and every owner of any such sheep or lambs not so branded shall be liable to a penalty not exceeding twenty pounds and if the said sheep not being so branded shall exceed four hundred in number such owner shall be liable to a further penalty of not less than twopence nor more than sixpence for every such sheep or lamb not being so branded as aforesaid.

3. Registrar of Brands to be appointed.

It shall be lawful for the Superintendent from time to time to appoint some fit person to be Registrar of Brands and from time to time to remove any person so appointed and to make alter amend or repeal rules and regulations for the management of the office of such Registrar and to fix a scale of fees which shall be payable to such Registrar and all such rules and regulations and tables of fees shall be published in the Provincial Government Gazette and shall thereupon be binding upon all persons whom they may concern and shall have the force of law Provided always that the present Registrar of Brands shall be deemed to have been duly appointed under this Ordinance and all such rules regulations and tables of fees as aforesaid as are now in force shall be deemed to have been duly made and fixed under this Ordinance.

4. Sheep brands to be registered.

Every owner of sheep shall cause his sheep brand to be registered in the office

of the Registrar of Brands and any owner neglecting so to register such brand as aforesaid shall be liable to a penalty not exceeding Five Pounds Provided always that any brand already registered under the provisions of “The Scab and Catarrh Ordinance” Session III. No. 2 or of “The Sheep Ordinance” Session X. No. 9 or of “The Sheep Ordinance 1864” shall be deemed to have been registered under this Ordinance.

5. Registering or using brand of another person.

After any person shall have registered a brand it shall not be lawful for any other person to register or to brand any sheep with the same brand or one so nearly similar as in the opinion of the Registrar of Brands to be not readily distinguishable therefrom or to make or cause to be made any branding-iron bearing the same or nearly similar brand as aforesaid and any person offending against the provisions of this section shall be liable to a penalty not exceeding Ten Pounds and every day during which after any person shall have been convicted under the provisions of this section his sheep shall continue to be branded with the registered brand of another person shall be deemed a separate offence against the provisions of this section Provided always that any person having duly registered a brand may by writing addressed to the Registrar of Brands relinquish his right to the said brand and upon the due receipt of such writing by such Registrar he shall forthwith cause the registry of such brand in his “Register of Brands” to he cancelled and thenceforth it shall be lawful for any other person to register such brand in. his own name in the office of the Registrar of Brands and to cause his sheep to be branded therewith as if such brand had not been previously registered.

6. Branding sheep without leave of owner.

If any person shall brand any sheep without the authority of the owner thereof or shall deface or efface any brand or other distinguishing mark upon any sheep without such authority in writing lie shall be liable to a penalty of not less than Five nor exceeding One Hundred Pounds.

7. No person to cut off more than one-third part of sheep’s ear.

If any person shall cut off more than one-third part of the ear of any sheep he shall be liable to a penalty of not more than Five Pounds for each sheep in respect of which such offence has been committed.

Inspectors of Sheep.

8. Inspectors of Sheep to be appointed.

It shall be lawful for the Superintendent from time to time to appoint a Chief Inspector of Sheep and Inspectors of Sheep and from time to time to remove the same and to appoint others in their stead and it shall be lawful for the Superintendent from time to time to make alter or amend such Regulations as he may think fit for the guidance of such Chief Inspector and Inspectors in the execution of their duty and for the carrying this Ordinance into effect Provided always that no such Regulations shall have any force until after they shall have been published in the Provincial Government Gazette Provided further that any Inspectors already appointed and any such Regulations as aforesaid as are now in force under “The Sheep Ordinance” Session X. No. 9 or “The Sheep Ordinance 1864” shall be deemed to have been duly appointed and made under this Ordinance.

9. False report or certificate by Inspector.

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 shall under colour of his office or employment exact or accept any fee or reward whatsoever other than his authorised salary or allowance his office shall on his conviction of such offence become ipso facto vacant and he shall be liable to a penalty of Fifty Pounds.

10. Power of Inspector to enter on lands.

It shall be lawful for any Inspector of Sheep at such times as he may think fit to inspect any sheep within the Province of Canterbury and for the purposes of such inspection or for the purpose of inspecting and examining any dipping apparatus or for doing any other act which he is authorised or empowered to do by this Ordinance 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 lands or tenements whatsoever in the Province of Canterbury.

11. Penalty for obstructing inspection.

Every owner of any sheep or other person who shall refuse to allow such inspection to be made by any Inspector of Sheep or shall obstruct or shall refuse or neglect to muster his 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.

12. Inspector may require declaration.

It shall be lawful for any Inspector of Sheep when it shall appear to him to be necessary for the purpose of enabling him to decide satisfactorily upon the condition of any sheep to call upon the owner of such sheep to make a declaration in the form or to the effect specified in Schedule A to this Ordinance and if any such Owner shall refuse or neglect to make such declaration when so called upon he 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.

13. List of diseased flocks to be published monthly~

There shall be published once in every month in one or more newspapers within the Province a list certified by the Chief Inspector of all stations on which there are at that time any sheep infected with scab or catarrh.

Rate upon Sheep.

14. Return of sheep to be furnished annually to Inspector.

Every owner of sheep shall in. the month of January in every year deliver or cause to be delivered to the Chief Inspector of Sheep a written return of the number of sheep of each sex above six months old owned by him or under his charge specifying in such return the brands upon such sheep Every person refusing or neglecting to deliver or cause to be delivered such return as aforesaid or wilfully making a false return shall be liable to a penalty not exceeding Twenty Pounds.

15. Rate to be struck.

The Chief Inspector of Sheep shall in the month of March in every year transmit to the Superintendent a statement compiled from the returns furnished in pursuance of the preceding section of the whole number of sheep within the Province and the Superintendent shall thereupon strike a rate to be paid for every five hundred sheep of sufficient amount to pay the whole expenses of the department of the Inspector of Sheep for the then current financial year and shall cause notice of such rate having been struck to be given in the Provincial Government Gazette In determining the amount of the rate to be struck the Superintendent shall deduct from the expenses aforesaid the amount of any fines and penalties paid to the Provincial Account under authority of “The Diseased Sheep Fines Appropriation Act 1867” during the then preceding financial year.

16. Yearly rate to be paid by owner of sheep.

Every owner of sheep shall on or before the first day of May in every year pay to the Provincial Treasurer or to such other person as may be authorised by the Superintendent to receive the same the rate struck as above provided for every five hundred sheep owned by him on the first day of January preceding and specified in the return furnished by him as provided in the preceding section All and every such yearly sum or sums of money payable as aforesaid shall in case the same be not paid. on or before the said first day of May be a debt owing by the owner of such sheep to the Superintendent and may be sued for and recovered in any Court of competent jurisdiction No person owning less than five hundred sheep shall be liable to pay such rate but he shall nevertheless furnish the return specified in Section 15.

Possession of Infected Sheep.

17. Possession of scabby sheep.

If any Inspector of Sheep shall be satisfied that any sheep are infected with scab it shall be lawful for him to give the owner of such sheep an order in writing directing him effectually to clean such sheep within six months from the date of such order and if at the expiration of of such period of six months such sheep shall not in the opinion of the Inspector be free from scab or if during such period of six months such owner shall not in the opinion of the Inspector make reasonable exertions to clean such sheep he shall be liable to a penalty of not less than Sixpence nor exceeding Five Shillings for every such infected sheep A separate information under this section may be laid in regard to every separate flock in the possession of one owner and if any one such flock shall exceed three thousand sheep in number a separate information may be laid for every additional three thousand sheep or fractional part of such number contained in such flock.

18. Penalty if reasonable exertions not made to clean sheep.

If any owner of sheep who shall have been convicted under the last preceding section shall not make reasonable exertions to clean the sheep on account of which he shall have been so convicted or if it shall appear that the said sheep are infected with scab at the end of six months from the said conviction he shall be liable to a penalty of not less than One Shilling nor exceeding Five Shillings for every such infected sheep Provided nevertheless that he shall be liable to a penalty of not less than One Shilling nor exceeding Five Shillings for every such infected sheep for every six months during which the said sheep remain infected with scab.

19. Inspector may order infected sheep to be herded and yarded.

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 suffered to run at large cause damage to the owners of neighbouring flocks it shall be lawful for such Inspector by warrant under his may if suffered to run at large cause damage to the owners of neighbouring-hand in the form or to the effect set forth in Schedule B to this Ordinance to order the owner of such sheep to cause them to be constantly herded by day and to be kept by night within a sheep-proof inclosure until it shall appear upon the certificate of an Inspector of Sheep that such sheep are entirely free from the said diseases 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 subject to a penalty not exceeding Twenty-five Pounds.

20. Owner having several flocks depasturing on same run and one is infected.

When any owner of sheep shall have several flocks of sheep depasturing upon the same or adjoining runs or farms and one of these flocks shall be infected with scab it shall not be lawful for the said owner to remove any of the sheep of any such flocks from off the said run or runs farm or farms until he shall have obtained from an Inspector of Sheep a certificate that all the flocks in his possession depasturing upon the same or adjoining runs farm or farms are entirely free from the said disease and no sheep shall be removed from the said run or runs farm or. farms for six months from the date of, such certificate unless the said flocks shall have been 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.

21. If six months after conviction sheep not clean rams to be separated from ewes.

When any owner of sheep shall have been convicted under the provisions of this Ordinance of having in his possession any sheep infected with the scab and such sheep shall not within six months from the date of such conviction have been certified by an Inspector of Sheep to be entirely free from the said disease the owner of such sheep shall immediately on the expiration of such period of six months cause all rams to be separated from any ewes in his possession which may be so infected and shall cause such rams to be kept separate from such ewes until they shall be certified by an Inspector of Sheep to be entirely free from scab and for every day during which such rams shall not be kept separate from such ewes such owner shall be liable to a penalty of Ten Pounds in respect of each ram which shall not be kept separate as aforesaid.

22. Owners of infected sheep to give notice of disease.

Whenever the owner of 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 adjoining sheep-owners in the manner prescribed for the delivery of notices by section forty of this Ordinance and shall also within ten days thereof give a like notice to the Inspector of Sheep acting for the district in which such sheep are either by delivering the same to him personally or by leaving the same at his office or his usual place of abode and every person offending against the provisions of this section shall for every case in which he shall fail to give such notice be subject to a penalty not exceeding 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 so infected within three months previously.

23. Scabby sheep to be branded S.

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 and 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.

24. Infected sheep to be kept certain distance from boundaries of run.

If any sheep infected with scab or catarrh shall be found not being at the time herded by a shepherd within half-a-mile of the boundary of run to which they belong or upon which they shall be lawfully depastured such boundary not being a natural sheep proof boundary nor guarded by a sheep proof fence the owner of such sheep shall be subject to a penalty of not less than Sixpence nor more than Five Shillings for every sheep so found within half-a-mile of such boundary aforesaid The boundary of the run referred to in this section shall be the boundary as described in the depasturing license under which such run is held.

25. Penalty for abandoning infected sheep.

If any person shall wilfully abandon any 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 such sheep or to cause the same to be seized or destroyed.

Importation of Sheep.

26. Landing sheep without certificate or landing infected sheep.

If any person shall himself or by means of any agent or servant land or cause to be landed from any ship boat or other vessel any sheep infected with scab or catarrh or which shall within three months previously have been mixed with any sheep so infected or have undergone any dressing for the cure of the scab or any sheep whatever unless they shall within seven days previous to such landing have been inspected by an Inspector of Sheep and unless such person shall have received from such Inspector of Sheep a certificate in the form or to the effect specified in Schedule C to the said Ordinance he shall be liable to a penalty of One Hundred Pounds and for every day during which such sheep so landed in contravention of the provisions of this section shall be driven depastured or suffered to stray within the Province of Canterbury the owner thereof 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.

27. Declaration of owner before landing sheep.

It shall not be lawful for any Inspector of Sheep to grant the certificate mentioned in the preceding section until the owner of the sheep for which such certificate is required shall have made before such Inspector a declaration in the form or to the effect specified in Schedule D to this Ordinance and shall have produced satisfactory evidence that, the said sheep have not been infected with scab or catarrh nor mixed with sheep so infected nor had any scab destroying preparation applied to them within the three months then last preceding 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 a period not exceeding six calendar months.

28. Penalty on master of vessel for allowing sheep to be landed without certificate.

Any master owner or supercargo of any ship boat or other vessel who shall permit any sheep to be landed therefrom before they shall have be inspected by an Inspector of Sheep and before the certificate mentioned in section twenty-six of this Ordinance shall have been given shall be liable to a penalty of not exceeding One Hundred Pounds.

29. Introducing by land diseased sheep or introducing sheep without certificate.

If any person shall himself or. by means of any agent or servant introduce or cause to be introduced into the Province of Canterbury by land any sheep infected with scab or catarrh or which shall within three months previously have been mixed with any sheep so infected or which have within three months previously been subject. to any dressing for the cure of the scab or any sheep whatever unless they shall within fourteen days previously to such introduction have been inspected by an Inspector of Sheep and unless such person shall have received from such Inspector a certificate in the form or to the effect specified in Schedule C to this Ordinance that such sheep are entirely free from scab or catarrh he shall be liable for every sheep so introduced to a penalty of not less than One Shilling nor more than One Pound Provided that if the number of sheep so introduced be less than one hundred he shall nevertheless be liable to a penalty of One Hundred Pounds and for every day during which such sheep so introduced in contravention of the provisions of this. section shall be driven depastured or suffered to stray within the Province of Canterbury the owner thereof 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.

30. Declaration of owner before introducing sheep by land.

It shall not be lawful for any Inspector of Sheep to grant the certificate mentioned in the preceding clause until the owner of the sheep for which such certificate is required shall have made before such Inspector a declaration in the form or to the effect specified in Schedule D to this Ordinance 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 a period not exceeding six calendar months.

31. Imported sheep to be dressed within certain limits.

When any sheep shall have been introduced by sea into the Province of Canterbury 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 Province than three miles from the part of the boundary of the Province at which such sheep shall have been introduced until such sheep shall 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 scab-destroying preparation and until the owner of such sheep shall have received from such Inspector a certificate to that effect and for the better and more effectual dressing of any sheep so introduced it shall be lawful for such Inspector if he shall think fit to order the same to be shorn previously to such dressing and for every day during which any sheep shall be, driven depastured or suffered to stray in 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 Inspector to authorise the omission of the second dressing herein second dressing is unnecessary Provided also that it shall be lawful required in any case in which he shall certify in writing that such for sheep landed at the port of Lyttelton to be driven to a distance not exceeding twenty miles from the said port before being dressed as above provided if they shall be so driven for the purpose of being dressed at some place specially appointed for the purpose by the Superintendent by notice in the Provincial Government Gazette and if they shall be so dressed within ten days after being so landed.

32. Sheep introduced by land to be dressed within certain limits. When any sheep shall have been introduced by land into the Province of Canterbury 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 Province than three miles from that part of the boundary of the Province at which such sheep shall have been introduced until such sheep shall 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 scab-destroying preparation and until the owner of such sheep shall have received from such Inspector a certificate to that effect and for the better and more effectual dressing any sheep so introduced it shall be lawful for such Inspector if he shall think fit to order the same to be shorn previously to such dressing and for every day during which any sheep shall be driven depastured or suffered to stray in contravention of the provisions or 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 Inspector to authorise the omission of the second dressing herein required in any case in which he shall certify in writing that such second dressing is unnecessary Provided also that in the case of sheep from the Province of Otago and of sheep that have been depasturing in the country south of the River Waiau-ua in the Province of Nelson for a period of not less than twelve months previously it shall be lawful for such Inspector Inspector or Inspectors of Sheep in the district or districts from or upon the production of a Certificate from some legally appointed through which sheep have been driven to the effect that the said sheep are entirely free from scab and as regards sheep that have been depastured south of the River Waiau-ua aforesaid that they have been so depasturing for a period, of not less than twelve months previously 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 he satisfied after careful inspection that the sheep are free from scab to authorise the omission of both the dressings. provided for in this section. Provided always that in. all cases under this section not less than seven days notice in writing shall be given to the Inspector at his office of his being required for the purpose of inspection.

33. Sheep introduced by land from Provinces of Otago or Nelson.

It shall be lawful for the Superintendent from time to time by Proclamation published in the Provincial Government Gazette to order that all Sheep introduced by land. from the Province of Otago or from the Province of Nelson shall be dressed to the satisfaction of the Inspector of Sheep for the Province of Canterbury with some reputed effective scab-destroying preparation to be named in such Proclamation before such Sheep shall be driven or depastured at a greater distance within the said Province of Canterbury than three miles from that part of the boundary at which such Sheep shall have been introduced and the said Superintendent may from time to time revoke any such Proclamation.

34. Penalty for infringement of provisions of preceding section.

If the owner of any sheep introduced from the Provinces of Otago or Nelson into the Province of Canterbury shall whilst any such proclamation as in the last preceding section is mentioned shall be in force and unrevoked drive such sheep or shall suffer them to be driven or depastured or to stray to or at a greater distance than three miles from that part of the boundary at which such sheep shall have been introduced before such sheep shall have been dressed with the reputed effective scab-destroying preparation named in such proclamation, and before such owner shall have obtained from the Inspector of Sheep for the said Province of Canterbury a certificate to that effect such owner shall notwithstanding the proviso in Section 32 of this Ordinance be liable to pay a penalty not exceeding One Hundred Pounds to be recovered in a summary way.

35. Sheep examined for importation to be branded with Inspector’s brand. Miscellaneous.

When any Inspector of Sheep shall have examined any sheep with a view to their importation into the Province of Canterbury either sea or land and shall be prepared to grant a certificate in the form of Schedule C to this Ordinance he shall before granting such certificate cause such sheep to be distinctly wool- branded on the back thereof at the cost and charges of the owner of such sheep with a brand which shall have been registered in the office of the Registrar of Brands as the special brand of such Inspector If any person shall without authority use the brand Of any Inspector of Sheep registered as above or one so similar as not to be readily distinguishable therefrom he shall be liable on conviction to a penalty of not less than Twenty-five nor more than One Hundred Pounds.

Miscellaneous.

36. Power of Inspector to call for evidence corroborative of declaration made.

It shall be lawful for any Inspector of Sheep before whom any of the declarations referred to in the preceding sections shall have been made in any case in which she shall deem it necessary so to do to call upon the person making such declaration to furnish to such Inspector evidence corroborative of the truth of the statements made in such declaration and unless such evidence shall be produced as shall be satisfactory to such Inspector and also unless such Inspector shall be satisfied that such sheep are entirely free from scab or catarrh he shall refuse to grant ‘the certificates or to make the report referred to in sections 20 26 and 29 respectively of this Ordinance.

37. Penalty for refusal by persons in charge of sheep to give evidence.

It shall be lawful for any Inspector of Sheep to call upon all persons concerned in the charge control or management of any sheep to give evidence before him as to the facts within their knowledge relating to such sheep and if any person after being so called upon shall refuse or neglect to give such evidence or shall refuse or neglect to answer any inquiries put to him by such Inspector under the authority of this Ordinance he shall be liable to a penalty not exceeding Twenty Pounds and if any person in giving such evidence or in answering such enquiries or in giving evidence under the preceding section of this Ordinance shall make any statement knowing the same to be false he shall be liable to a penalty of One Hundred Pounds or to be imprisoned for a period not exceeding six calendar months Provided always that nothing herein contained shall be construed to require any person to give any evidence or answer any enquiry which would render him liable to any criminal prosecution.

38. Driving, &c., of infected sheep.

If any. person shall by himself his agent or servant drive depasture or suffer to stray any .sheep infected with scab or catarrh or which shall within three months previously have been mixed with any sheep so infected or have undergone any dressing for the cure of the scab 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 public 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 suffered to stray be subject to a penalty of not less than Twenty-five Pounds nor more than One Hundred Pounds Provided always that nothing contained in this Ordinance shall prevent the occupier of any land or run upon which shall be found trespassing any sheep infected as aforesaid and owned by the occupier of adjoining land or an adjoining run from driving such sheep to the residence of such owner on such adjoining land or run.

39. Separate informations for every run, &c., crossed.

Nothing herein contained shall prevent separate informations being laid by every occupier of land, upon which such infected sheep as aforesaid shall have been driven depastured or suffered to stray or by every occupier of land through or adjacent to which any public highway shall lie upon or along which public highway any such infected sheep shall have been driven depastured or suffered to stray Every Inspector of Sheep shall have the same power of laying separate informations which is hereby given to every occupier.

40; Notice to be given before driving sheep across run.

Any person about to drive any sheep across any lawfully occupied land or run in the Province of Canterbury shall give to the occupier thereof at least twenty-four hours’ previous notice in writing of ‘the day upon which he intends to drive such sheep across such land or run as well as of the point or place at which it is intended that such sheep shall enter upon such land or run and of the direction it is intended they shall cross such land or run and stating in such notice the brand with which such sheep are branded and such notice shall be left with some adult inmate of the principal house or station thereon or if no such inmate can be found such notice shall be affixed to some conspicuous part of such house or station and such notice shall be renewed unless the sheep shall be so driven within three days after the time specified therein and every person offending against the provisions of this section shall be liable to a penalty of not less than Sixpence nor more than One Shilling for every sheep so driven.

41. Infected sheep trespassing and not removed may be destroyed.

If any sheep infected with scab or catarrh shall be found on passing land or run not in. the lawful occupation of the owner of such sheep and such owner shall not remove the same within forty-eight hours after he shall have been served in the manner prescribed for the service of notices by section 40 of this Ordinance with written notice that they are so trespassing or if such owner cannot after reasonable enquiry be discovered it shall be lawful for the occupier of such land or run forthwith to destroy such sheep If after such owner shall have been twice served with such notice within the space of fourteen days the sheep of such owner or any of them infected as aforesaid shall afterwards within the space of one week from the service of the last notice be again found trespassing on the same land or run it shall be lawful for the occupier of such land or run forthwith and without any further notice to destroy such sheep so trespassing if they shall be less than one hundred in number but not otherwise Provided always that the nature of such reasonable enquiry together with the number and brands of the sheep so found and destroyed shall by the occupier aforesaid be certified in writing to the Inspector of the district within fourteen days of the destruction of such sheep and every person offending against the provisions of this section- shall be liable to a penalty of not less than Five Pounds nor more than Twenty- five Pounds.

42. Occupier may, without warrant, inspect sheep on his run.

Every occupier of land or of a run may without warrant or other authority inspect or cause to be inspected any sheep which shall be found upon such land or run or upon any land or run immediately adjoining thereto or upon any part of a highway passing through or lying adjacent to the land or run in his occupation and any owner of sheep or other person who shall refuse to allow such inspection to be made by such occupier or shall refuse or neglect to afford all reasonable facilities for the same or shall in any way obstruct such inspection shall be liable to a penalty of Fifty Pounds.

43. Sheep dying of catarrh not to be thrown into ponds, &c.

If any person by himself his servant or agent shall cast or cause to be cast the carcase of any sheep infected with catarrh at the time of its death into any stream or pond or other water he shall be liable to a penalty of not less than Five Pounds nor more than Twenty Pounds.

44. Sheep dying of catarrh to be burnt or buried.

The owner of any sheep infected with the disease called catarrh at the time of its death who shall fail to consume the carcase by fire or to bury it at least three feet under the ground within twelve hours after death shall be liable to a penalty of not less than Ten Shillings nor more than Five Pounds for each carcase not so buried or destroyed.

45. Recovery of strayed sheep.

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 or a 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 three months after the receipt of such notice in writing for the purpose of delivering

over such stray sheep to the owner thereof and at least seven days’ previous notice shall be 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 Provided always that such 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 further 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.

46. Unauthorised removal of sheep.

Every person who shall except as hereinbefore provided drive or remove any sheep from any land 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.

47. Notice to be given before mustering sheep.

Every occupier of any sheep station or run who shall 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 such notice being given in the manner prescribed for the service of notices by section 40 of this Ordinance and every person neglecting to give such notice to any such owner or occupier shall be liable to a penalty not exceeding Twenty Pounds In the interpretation of this section the word “muster” shall mean the gathering of any flock or flocks for the purpose of docking or ear-marking of dipping for the cure of the scab or of shearing.

48. Wilfully communicating scab or catarrh.

If any person shall wilfully communicate or cause to be communicated to any sheep the diseases called scab or catarrh he shall on conviction thereof by summary procedure be imprisoned for a term of six calendar months.

49. Saving other remedies at law to persons suffering damage. Nothing in this Ordinance shall be construed to limit or deprive any person suffering loss or damage from the driving depasturing or suffering to stray of any sheep infected with the scab or catarrh of any remedy which he might have had at law or otherwise for recovering the same provided this Ordinance had not been passed.

50. Payment for inspection of sheep introduced by land or sea.

Every person requiring an Inspector to inspect sheep about to be introduced into the Province by land shall pay for such inspection the sum of Two Pounds and every person requiring an Inspector to inspect sheep about to be introduced into the Province by sea shall pay for such inspection the sum of One Pound Such sum of One Pound or Two Pounds as the case may be shall be paid to the Inspector before the delivery of any certificate to be given by him and shall by such Inspector be paid over to the Provincial Treasury.

51. Maximum penalty.

No penalty to be imposed on any one conviction under the provisions of this

Ordinance shall exceed the sum of One Hundred Pounds.

52. Superintendent to exercise powers by and with advice and consent of

Executive Council.

All powers by this Ordinance given to the Superintendent shall be exercised by him by and with the advice and consent of the Executive Council and not otherwise.

53. Offences prosecuted summarily.

Every offence by this Ordinance made punishable by imprisonment with or without hard labour or by a pecuniary penalty shall and may be prosecuted in a summary way before any two Justices of the Peace in the manner provided by “The Justices of the Peace Act 1866” so far as the same relates to summary conviction or by any Act repealing or amending the same or for like purpose.

54. Interpretation.

In the Interpretation of’ this Ordinance the words “owner of any sheep” shall mean the person. having the charge control or management of such sheep and the word “sheep” shall unless otherwise specially provided be taken to mean all sheep of any age and of either sex the term “Inspector of Sheep” shall mean the Chief Inspector or any Inspector appointed by the Superintendent under the provisions of this Ordinance the term “Highway” shall mean any land laid down as a public road on the map of the Chief Surveyor of the Province of Canterbury the term “herded” shall mean- constantly followed and kept in sight The words “infected sheep” shall mean any sheep suffering from or affected with disease or any sheep which have formed part of a flock 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 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 the same period for the cure of scab 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 Ordinance 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.

55. Title.

This Ordinance shall be intituled and may be cited as “The Canterbury Sheep Ordinance 1872.”

Schedule A.

Declaration to be made before Inspectors as to Sheep examined by him.

I - of - do -hereby solemnly declare that [I have Made to the best of my belief a complete muster of all the sheep in my charge and that*] my sheep branded being in number now being at have not within had applied to any of them any reputed scab-destroying preparation nor within been mixed with any sheep infected with the scab or catarrh and I make this solemn declaration conscientiously believing the same to be true. A B

Declared before me at this day of

18

Inspector of Sheep.

* May be omitted when not required by the Inspector. State period.

Schedule B.

Warrant for Herding and Yarding Sheep.

Province of Canterbury New Zealand ~ To and all others whom it to wit may concern.

Whereas it appears to me Inspector of Sheep upon my own view that certain sheep are depastured upon (land situated at being in the occupation of of in the said Province and that such sheep are infected with the disease called and that there is danger lest such sheep being suffered to run at large should cause damage to the Owners of sheep in the neighbourhood thereof - These are therefore in the name of - our Lady the Queen and. in pursuance of the provisions of an Ordinance passed by the Superintendent and Provincial Council of the said. Province in the 35th year of the reign of Her Majesty intituled “The Canterbury Sheep Ordinance 1872” ,to require you that you do cause the said sheep to be constantly herded by day and to be kept by night within a sheep-proof enclosure and I do hereby require all persons having or being concerned In -the charge control or management of such sheep to aid and assist you in causing the same to be constantly herded and enclosed according to the provisions of the above recited Ordinance in that behalf made. Given under my hand at in the said Province

this day of in the year of our Lord One thousand eight hundred and Inspector of Sheep.

Schedule C.

Certificate of Inspector.

I A. B. Inspector of Sheep hereby certify that I have carefully examined sheep branded the property of C. D. now being despatured at

[on board the at ) and that I find such sheep to be entirely free from scab or catarrh.

Given under my hand at this day of 18

A— B— Inspector of Sheep.

Schedule D.

Declaration as to Imported Sheep.

I of do hereby solemnly declare that

the sheep - in number marked now being depastured by me at [on board of the vessel commander

now lying at in the said Province] have not within three months last past had applied to any of them any reputed scab.destroying preparation nor been mixed with any sheep infected with scab or catarrh and I make this solemn declaration conscientiously believing the same to be true.

A B

Declared before me at this day of 18

C— I)—

Inspector of Sheep.