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Canterbury Provincial Ordinances |
11. The Canterbury Sheep Ordinance 1872 Amendment Ordinance
1874.
[23rd January 1874.]
Whereas it is expedient to amend “The Canterbury Sheep Ordinance
1872.”
Be it therefore enacted by the Superintendent of the Province and with the
advice and consent of the Provincial Council thereof as
follows
1. Title.
This Ordinance shall be entituled and may be cited as the “Canterbury
Sheep Ordinance 1872 Amendment Ordinance 1874.”
2. Repeal of Section 17 and 18.
Sections 17 and 18 of the said Ordinance are hereby repealed and the
following provisions shall stand in place thereof respectively:
Possession of Infected 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 three months after 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.
If any sheep in respect of which a conviction shall have taken place as
aforesaid shall remain infected with scab at the end of six
months from the date
of the said conviction the owner thereof shall be liable to a penalty of not
less than one shilling nor more
than five shillings for every such infected
sheep And such owner shall be liable to a further penalty of not less than one
shilling
nor more than five shillings for every such infected sheep for every
subsequent period of six months during which they shall remain
infected with
scab.
3. Repeal of Section 20.
Section 20 of the said Ordinance is hereby repealed and the following provision shall stand in the place thereof:
When any owner of sheep shall have several flocks of sheep depasturing upon
any run or farm or upon adjoining runs or farms and one
of such flocks shall be
infected with scab it shall not be lawful for such owner to remove any sheep
from any such run or runs farm
or farms for a period of three calendar months
after he shall have obtained from an Inspector of Sheep a certificate that all
the
flocks in his possession and depasturing upon such run or runs farm or farms
are entirely free from disease unless upon each occasion
of removal the whole of
such flocks shall be 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.
4. Repeal of Sections 26 and 27.
Sections 26 and 27 of the said Ordinance are hereby repealed and the
following provision shall stand in the place thereof
respectively:
Importation of 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 shall within such period have depastured on any run or farm whereon there were at the same time depastured any infected sheep 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.
It shall not be lawful for any Inspector of sheep to grant the Certificate
last mentioned until the person or one of the persons for
whom or on whose
account the sheep in respect of which such Certificate is applied for is or are
required to be landed shall have
made before such Inspector a declaration in the
form or to the effect specified in Schedule D to the said Ordinance and shall
have
produced to such inspector satisfactory evidence that such sheep have not
been infected with scab or catarrh nor mixed with sheep
so infected nor had any
scab destroying preparation applied to them nor depastured on any run or farm
whereon there were at the same
time depastured any infected sheep within the
three months then last preceding and any person who shall make any such
declaration
the same being untrue shall be liable to a penalty of One Hundred
Pounds or to be imprisoned for a period not exceeding six calendar
months and
any Inspector who shall grant any such Certificate without first obtaining such
declaration and receiving such evidence
as aforesaid shall be liable to a
penalty of One Hundred Pounds.
5. Repeal of Sections 29 and 30.
Sections 29 and 30 of the said Ordinance are hereby repealed and the following provisions shall stand in the place thereof respectively:
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 shall within three months previously have been subjected to any dressing for the cure of the scab or shall within such period have been depastured on any run or farm whereon there were at the same time depastured any infected sheep 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 the said 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 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.
It shall not be lawful for any Inspector of Sheep to grant the certificate
last mentioned until the person or one of the persons for
whom or on whose
account the sheep in respect of which such certificate is applied for is or are
required to be introduced shall
have made before such Inspector a declaration in
the form or to the effect specified in Schedule D to the said Ordinance and
shall
have forwarded to such Inspector satisfactory evidence that such sheep
have not been infected with scab or catarrh nor mixed with
sheep so infected nor
had any scab- destroying preparation applied to them nor depastured on any run
or farm whereon there were at
the same time depastured any infected sheep within
the then last preceding three months And any person who shall make any such
declaration
the same being untrue shall be liable to a penalty of one hundred
pounds or to be imprisoned for a period not exceeding six calendar
months And
any Inspector who shall grant any such certificate without first obtaining such
declaration and receiving such evidence
as aforesaid shall be liable to a
penalty of one hundred pounds.
6. Places may, by proclamation, be appointed on the inward boundaries of the Province at which all sheep may be introduced.
It shall be lawful for the Superintendent from time to time by proclamation
to be published in the Provincial Government Gazette to
appoint one or more
place or places at or adjacent to the inland boundaries of the province at some
one or other of which places
all sheep to be introduced by land into the
province shall be crossed over such boundaries and no sheep shall be introduced
by land
into the said province unless at some one of such places and any person
crossing sheep over any such boundary as aforesaid at any
other place than one
which shall have been proclaimed as aforesaid shall be liable to a penalty of
One Hundred Pounds.
7. Repeal of Section 47.
Section 47 of the said Ordinance is hereby repealed and the following provisions shall stand in the place thereof:
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 And every sheep owner
who shall have reason to believe that any of his
sheep have strayed on to any land in the occupation of any other sheepowner may
by writing under his hand require such other sheepowner to give him notice of
his intention to muster his sheep twenty-four hours
at least before yarding the
same every such notice being given in the manner prescribed for the service of
notices by section 40
of the said Ordinance and every person neglecting to give
such notice to any such occupier or sheepowner 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 or dipping for the cure of the scab or of
shearing.
8. Repeal of Section 54.
Section 51 of the said Ordinance is hereby repealed and the following provisions shall stand in the place thereof:
In the interpretation of the said Ordinance and 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 the said 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 All sheep shall be deemed to have been dressed or dipped for the cure of scab to which there shall have been applied any reputed scab destroying preparation unless such sheep shall within fourteen days previously to such application have been inspected by an Inspector of Sheep and have been certified by him to be entirely free from scab 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 the said Ordinance and 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.
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