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Canterbury Sheep Ordinance Amendment Ordinance No. 2 1875

27. The Canterbury Sheep Ordinance Amendment Ordinance No. 2 1875.

[16th August 1875.]

Whereas certain Ordinances were passed by the Superintendent and Provincial Council of the Province of Canterbury intituled "The Canterbury Sheep Ordinance 1872" and "The Canterbury Sheep Ordinance 1872 Amendment Ordinance 1874" And whereas it is expedient that other provisions should be made for the cure of scab in sheep:


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.

That section 2 of the said "Canterbury Sheep Ordinance 1872 Amendment Ordinance 1874" shall be and the same is hereby repealed but such repeal shall not be deemed to affect or invalidate any proceedings taken under the provisions of the said section before the coming into operation of this Ordinances.

2. Inspector shall give notice to owner of scabby sheep to clean same within six months and owner on conviction liable to penalty if sheep not clean at expiration of three months thereafter.

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 next following such period of six months such sheep shall not in the opinion of the Inspector be free from scab the owner thereof shall upon conviction be liable to a penalty of not less than one shilling nor exceeding five shillings for every such infected sheep and if after the expiration of six months from the date of such conviction such sheep shall not in the opinion of the Inspector be free from scab such owner shall be liable to a further penalty of not less than two shillings and sixpence nor exceeding five shillings for every such infected sheep and all other sheep then in the possession of such owner upon the same run or upon land contiguous thereto shall be deemed infected sheep within the meaning of this Ordinance and such owner shall be liable to a penalty of not less than one shilling nor exceeding two shillings and sixpence in respect of each such sheep Provided always that 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 four hundred sheep in number a separate information may be laid for every additional four hundred sheep or fractional part of such number contained in such flock.

3. If owner fails to clean sheep within six months of such conviction Superintendent may order sheep in possession of owner to be destroyed or boiled down.

If any owner of sheep shall within six months from the date of such last conviction fail to clean his sheep it shall be lawful for the Superintendent unless he shall have extended the time for obtaining a clean Certificate in respect of such sheep pursuant to the power in that behalf hereinafter contained to give an order in writing directing such owner to destroy or boil down all sheep in the possession of such owner upon the said farm or run and upon land contiguous thereto and disinfect the skins thereof within a time to be mentioned in such order and if upon the expiration of the time so limited by such order such sheep shall not have been destroyed or boiled down and the skins thereat disinfected the owner thereof shall be liable to pay a fine of one shilling per head per month for all such infected sheep until the same shall be certified by the Inspector by writing under his hand to be free from scab or until such sheep shall be destroyed or boiled down and the skins thereof disinfected.

4. Superintendent may pay half value of such sheep as compensation.

It shall be lawful for the Superintendent to pay as compensation for the loss of such infected sheep one-half of the then value thereof such value to be settled by the Superintendent upon the evidence of the owner of such infected sheep and of such other witnesses as may be considered necessary to be examined provided that where such sheep shall have been boiled down or otherwise utilised no compensation be paid.

5. Superintendent may levy rate to pay such compensation.

It shall be lawful for the Superintendent to levy upon all owners of five hundred sheep and upwards such rate as may be considered necessary to pay such compensation and such rate shall be levied under the powers conferred by the 15th and 16th Sections of "The Canterbury Sheep Ordinance 1872" and shall be in addition to and form part of such rate and shall be recoverable in like manner.

6. Runs upon which infected sheep have been destroyed or boiled down to be deemed infected for period of twelve months.

All runs upon which infected sheep shall have been destroyed or boiled down under the provisions hereof shall be deemed infected for a period of twelve months from a date to be fixed by the Inspector immediately after such destruction and all sheep placed thereon within that time shall likewise be deemed infected sheep.

7. Certificate not to be given until whole of sheep have been cleansed.

No certificate shall be given to any owner of any sheep depasturing on any run until he shall have cleaned the whole of the sheep on such run or any adjoining run in his possession.

8. Superintendent may extend time within which infected sheep must be destroyed or boiled down.

It shall be lawful for the Superintendent by warrant in writing under his hand to extend the time within which infected sheep must be destroyed or boiled down pursuant to Section 3 of this Ordinance to within a period not exceeding six months from the date of the last conviction under Section 2 of this Ordinance Provided that such owner shall nevertheless be liable to the said penalty of two shillings and sixpence per head in respect of such infected sheep.

9. No sheep to be driven through any infected run without owner having obtained certificate.

No sheep shall be driven through any infected run or any run having thereupon without the owner or person in charge first having obtained a certificate in the form of Schedule C of "The Sheep Ordinance 1872" from the Inspector for the district under a penalty of not less than ten pounds nor exceeding one hundred pounds.

10. Penalties to be recovered summarily.

All penalties imposed under or by virtue of this Ordinance shall be recovered in a summary way in the manner provided by “The Justices of the Peace Act 1866."

11. Interpretation.

The following terms in inverted commas shall for the purposes of is the context otherwise indicate bear the meaning set against them respectively:

"Inspector" Any Inspector of Sheep already appointed under Ordinance now in force in the Province of Canterbury or any Inspector of Sheep or Deputy- Inspector of Sheep that may be appointed.

"Run" Any Sheep Station or Farm whereon the sheep depastured shall exceed

1000 in number.

"Superintendent" shall mean the Superintendent acting by and with the advice of the Executive Council.

"Destroy" To entirely consume by fire or to bury at a depth of not less than three feet under the ground.

"Value" shall mean the Ordinary Market Value of the wool and carcase.

12. Ordinance how to be read and construed.

This Ordinance shall be read and construed as part of "The Canterbury Sheep Ordinance 1872 " and "The Canterbury Sheep Ordinance 1872 Amendment Ordinance 1874."


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