Canterbury Provincial Ordinances
27. The Canterbury Sheep Ordinance Amendment Ordinance No. 2
[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
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Ordinance 1874" shall be and the same is hereby repealed but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
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
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
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
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
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
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
two shillings and sixpence per head in respect of such infected
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
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
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."