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Scab and Catarrah Ordinance 1853

9. The Scab And Catarrh Ordinance 1853.

Title. Preamble.

1. Repealing “New Munster Ord., Sess. 1, No. 4.”

2. Penalties for driving Scabby Sheep.

3. Separate Informations may be laid by every person whose Run is crossed, &c.

4. Diseased Sheep to be kept further than half-a-mile from boundary of Run.

5. Scabby Sheep to be branded S.

6. After 1st February, 1854, all Sheep to be branded.

7. All Sheep Brands to be Registered.

8. Superintendent may appoint a Registrar of Brands, &c.

9. Penalty for using the Registered Brand of another.

10. Penalty for Branding Sheep without leave.

11. Brand to be prima facie evidence of ownership.

12. Persons having Scabby Sheep after 1st of June, 1854, to be fined.

13. Justices to order Examination of Scabby Sheep.

14. Penalties for resisting Inspection.

15. Justices may order Sheep to be herded and yarded.

16. Saving any other remedies at Law to persons suffering damage.

17. Sheep dying of Catarrh to be burnt or buried.

18. Sheep dying of Catarrh not to be thrown into any stream or other water.

19. Penalty for slaughtering Diseased Sheep.

20. Penalty for landing Sheep before Inspection.

21. Penalty for landing Diseased Sheep.

22. Landing on Quarantine Ground.

23. Quarantine Ground in lawful occupation of Owner of Sheep thereon.

24. Appointment of Inspectors.

25. All Sheep in a flock infected where one is so.

26. Proceedings to be under “Summary Proceedings Ordinance.”

27. Interpretation.

28. Title.

Notes.

This Ordinance was repealed by the “Scab and Catarrah Ordinance,” Session

III., No. 2. (1855).

The Scab and Catarrh Ordinance was passed by the Provincial Council on 23rd November 1853, and assented by the Superintendent, EA Fitzgerald, the same day. It contained twenty-eight clauses and repealed the Province of New

Munster Scab Ordinance 1849., [Sess. I, No. 4.] The Ordinance provided for the registration of sheep brands, empowered Justices of the Peace to order the examination of scabby sheep, imposed certain obligations upon sheep owners, and penalties for breaches of the Ordinance. Section 26. provided that proceedings under this Ordinance were to be under "Summary Proceedings Ordinance." The enforcement of provisions of this Ordinance were made easier by Section 26 which provided all sheep in any flock were deemed to be infected where one was so.

After 1st February, 1854, all sheep were to be branded [Sect 4.] and all Scabby Sheep were to be branded "S" [Sect. 5.]. All Sheep Brands were to be registered [ Sect 7.] and for this purpose the Superintendent was empowered to appoint a Registrar of Brands [Sect 8.]. The brand placed upon a sheep was declared to be to be prima facie evidence of ownership [Sect 11.]. Penalties were provided for, firstly, using the Registered Brand of another [Sect 9], and, secondly, for branding sheep without leave.

Section 24 provided for the appointment of Inspectors of Sheep.

Section 2 provided penalties for driving scabby sheep, and separate informations may be laid by every person whose run was crossed [Sect 3.]

The Ordinance empowered Justices of the Peace to order the examination of Scabby Sheep [Sect. 13.], they might order that sheep be herded and yarded, [Sect 15.], and penalties were provided for resisting any such inspection [Sect

14.].

Certain obligations were imposed upon sheep owners. Sect 4. provided that all sheep suffering from scab were to be branded with the letter "S", and diseased Sheep to be kept further than half-a-mile from boundary of the Run on

which they were found. Section 12. provided that persons having Scabby Sheep after 1st of June, 1854 were to be fined.

Sheep dying of Catarrh were required to be burnt or buried [Sect 17.], and were prohibited from being thrown into any stream or other water [Sect 18].

Penalties were also provided for slaughtering diseased sheep [Sect 19], landing sheep before Inspection [Sect 20.] and for landing diseased sheep [Sect 21.].

Section 22 provided for the landing of sheep on Quarantine Ground.

23. Quarantine Ground in lawful occupation of Owner of Sheep thereon.

Section 16. provided that any other remedies at law to persons suffering damage were not to be affected by this Ordinance.

The full text of this Ordinance was not included in the Volume of Ordinances published by Charles Lucas, the Official Printer of the Canterbury Provincial Government.