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Sheep Ordinance 1864

13. The Sheep Ordinance 1864.

Analysis. Preamble.

1. Repealing Clause.

Branding, &c., of Sheep.

2. All Sheep to be branded.

3. Registrar of Brands to be appointed.

4. Sheep Brands to be registered.

5. Registering or using brand of another person.

6. Branding sheep without leave of owner.

7. Brand prima facie evidence of ownership.

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

Inspectors of Sheep.

9. Inspectors of Sheep to be appointed.

10. False Report of Certificate by Inspector.

11. Power of Inspector to enter on lands.

12. Penalty for obstructing inspection.

13. Inspector may require declaration.

14. List of diseased flocks to be published monthly.

Rate upon Sheep.

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

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

Dipping Apparatus.

17. Owner of sheep to erect dipping apparatus.

18. Dipping apparatus to be constructed to the satisfaction of an Inspector.

19. Penalty on not keeping apparatus in repair.

Possession of Infected Sheep.

20. Possession of scabby sheep.

21. Six months to elapse between convictions.

22. Justices may order infected sheep to be herded and yarded.

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

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

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

26. Scabby sheep to be branded S.

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

28. Penalty for abandoning infected sheep.

Importation of Sheep.

29. Landing sheep without certificate or landing infected sheep.

30. Declaration of owner before landing sheep.

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

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

33. Declaration of owner before introducing sheep by land.

34. All imported sheep to be dipped within certain limits.

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

Miscellaneous.

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

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

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

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

40. Notice to be given before driving sheep through run.

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

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

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

44. Sheep dying of catarrh to be burned.

45. Recovery of strayed sheep.

46. Unauthorised removal of sheep.

47. Notice to be given before mustering sheep.

48. Wilfully communicating scab or catarrh.

49. Saving other remedies at law to persons suffering damage.

50. Maximum penalty.

51. Expenses of prosecution to be paid out of penalties.

52. Fines and penalties how they may be levied.

53. Penalties recoverable summarily.

54. Interpretation.

55. Title.

Whereas certain Ordinances were passed by the Superintendent and Provincial Council of the Province of Canterbury intituled respectively “The Sheep Ordinance Session X. No. 9” “The Scab Prevention Ordinance Session X. No.

10” “The Sheep Ordinance Amendment Ordinance Session XI. No. 11” and “The Sheep Ordinance Amendment Ordinance 1861” 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 Ordinance 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 and enforced after this Ordinance shall come into operation in the same manner as if this Ordinance had not been passed.

Branding, &c., 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 brand of the Owner which brands 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 two, 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 to appoint some fit person to be the Registrar of Brands, and, with the advice and consent of the Executive Council, to make 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, Regulations, and Tables of Fees, shall be published in the 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” shall be deemed to have been registered under this Ordinance.

5. Registering or using brand of another person.

After any person shall have so 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 ofsuch brand, in

his Register of Brands, to be cancelled; and 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 upon any sheep, without such authority in

writing, he shall be liable to a penalty of not less than Five nor exceeding One

Hundred Pounds.

7. Brand prima facie evidence of ownership.

The mark or impression of any registered brand upon any sheep shall be prima facie evidence of the ownership of such sheep by the person in whose name such brand shall have been registered in the office of Registrar of Brands.

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

If any person shall cut off more than one-third 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.

9. Inspectors of Sheep to be appointed.

It shall be lawful for the Superintendent, from time to time, to appoint fit persons to be Inspectors of Sheep, and from time to time to remove the same, and to appoint others in their stead, and such Inspectors, so appointed, shall have at all times the powers hereinafter given to certain persons acting under the Warrant of any one or more Justices of the Peace; and it shall be lawful for the Superintendent, with the advice of his Executive Council, to make such Regulations as he may think fit for the guidance of all such 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 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” shall be deemed to have been duly appointed and made under this Ordinance.

10. False Report of Certificate by Inspector.

If any Inspector of Sheep to be appointed as hereinafter 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 on conviction thereof before any two Justices of the Peace to a penalty not less than twenty pounds nor exceeding

one hundred pounds, or at the discretion of such Justices 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 authorized salary or allowance his office shall on his conviction of such offence before any two Justices of the Peace become ipso facto vacant, and he shall be liable to a penalty of fifty pounds.

11. 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 hereinafter referred to 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.

12. Penalty for obstructing inspection.

Every owner of any sheep 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.

13. 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, on conviction thereof before any two Justices of the Peace be liable to a penalty of one hundred pounds and to be imprisoned for a period not exceeding six calendar months.

14. 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 the scab or catarrh.

Rate upon Sheep.

15. 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 and to the best of his ability permanent marks 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.

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

Every owner of sheep shall on or before the first day of April 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 sum of one pound sterling for each and every thousand or fractional part of a thousand sheep owned by him on the first day of January preceding and specified in the return furnished by him as above provided 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 April be a debt owing by the owner of such sheep to the Superintendent and may be sued for and recovered by the ordinary course of law.

Dipping Apparatus.

17. Owner of sheep to erect dipping apparatus.

Every owner of any sheep within the Province of Canterbury shall within six months after the passing of this Ordinance or within six months after the land or run on which such sheep are depastured shall have been used for the purpose of depasturing sheep (if such land or run shall not at the time of the passing of this Ordinance be used for that purpose) erect and thenceforth maintain in good working order on the said land or run or on some land in his own occupation immediately adjoining thereto a good and sufficient apparatus for properly

dipping for the cure of scab so many sheep as he shall for the time being be the owner of Provided always that it shall not be necessary to erect a new dipping apparatus where a dipping apparatus conforming to the terms of this Ordinance has been already erected.

18. Dipping apparatus to be constructed to the satisfaction of an Inspector. Every such dipping apparatus shall be constructed to the satisfaction of an Inspector of Sheep and if any owner of any sheep shall fail to erect such dipping apparatus to the satisfaction of the said Inspector within the time hereinbefore limited for that purpose he shall be liable to a penalty of not more than fifty pounds and for every calendar month after the expiration of such time that shall elapse before he shall have so erected such apparatus he shall be liable to a separate penalty of not more than fifty pounds Provided that if any owner of sheep convicted on an information under this clause shall show to the satisfaction of two Justices of the Peace that from causes beyond his control it was impossible for him to erect such dipping apparatus it shall be lawful for such Justice to suspend the penalty inflicted under such information for a period not exceeding three calendar months and if such owner of sheep shall within such

period of suspension produce a certificate under the hand of an Insector of sheep that such dipping apparatus has been erected such penalty shall be altogether remitted.

19. Penalty on not keeping apparatus in repair.

If any owner shall not maintain any dipping apparatus erected or to be erected as aforesaid in complete repair and good working order to the satisfaction of an Inspector of Sheep and shall not from time to time if necessary alter and enlarge the same to the like satisfaction so that it may be sufficient for properly dipping

the number of sheep of which he is for the time being the owner he shall be liable to a penalty of not more than twenty-five pounds and for every fifteen days for which he shall neglect to repair put in order alter or enlarge the said dipping apparatus after notice in writing so to o shall have been given him by the said Inspector he shall be liable to a separate penalty of not more than twenty

pounds.

Possession of Infected Sheep.

20. Possession of scabby sheep.

Every Owner of any sheep infected with scab shall be liable to a fine of not less than one shilling, nor more than five shillings, for every such infected sheep: Provided that it shall be lawful for the Justices before whom any information under this clause shall be heard, to suspend the payment of any penalty, by the conviction made on such information ordered to be paid, for a period of not more than six months from the date of such information; and if at any time within such period of suspension, such sheep shall appear upon the report of any Inspector of Sheep, deposited with the Clerk of the Court in which such conviction shall have been made, to be again free from scab, such penalty shall be altogether remitted; but if it shall not so appear, then payment of such penalty shall be enforced in the usual way: Provided also, that if at or before the expiration of such period, it shall appear to the satisfaction of any two Justices of the Peace, and upon the certificate of an Inspector of Sheep, hat peculiar and exceptional circumstances, beyond the control of the Owner of such sheep, and such as could not have been met by foresight and exertion on his part, have rendered it impossible effectually to clean such sheep, it shall be lawful for such Justices to extend such period for a further period of four calendar months, but no longer Provided however that if at any time during such period of suspension it shall be proved upon the evidence of an Inspector of Sheep to the satisfaction of any two Justices that the owner of such sheep is not making reasonable exertions to clean the same then such suspension shall by such Justices be declared to be null and void and the payment of the penalty shall forthwith be enforced in the usual way 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 factional part of such number contained in such flock.

21. Six months to elapse between convictions.

No Owner of sheep who shall have been convicted under the last preceding Section shall, until the expiration of six months after the date of such conviction, be liable to any further penalty under the said Section on account of such disease in any sheep which he shall prove, to the satisfaction of the Justices before whom any Information under the said Section may be heard, to be the

same sheep in respect of which he had been so convicted as aforesaid Provided however that if at any time or times during such period of six months it be proved to the satisfaction of any two Justices of the Peace that such owner is not making reasonable exertions to clean his sheep he shall forthwith be liable to a further information under the provisions of the preceding section notwithstanding such period of six months shall not have expired.

22. Justices may order infected sheep to be herded and yarded.

If it shall appear to any two Justices of the Peace, upon the oath of any one or more credible Witnesses, 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 Justices, by warrant, under their hands, 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 enclosure, until it shall appear, upon the certificate of any 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 he shall neglect to have such sheep enclosed as aforesaid, he shall be subject to a penalty not exceeding twenty-five pounds.

23. 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 hand, in the form or to the effect set forth in Schedule B to the said recited 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 enclosure, 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 endorsed as aforesaid, he shall be subject to a penalty not exceeding Twenty-five Pounds. It shall be lawful for such Owner, within fourteen days after the receipt of such Warrant as aforesaid, to appeal against the same

to any two Justices of the Peace, who, after ascertaining that due notice of such appeal had been given to the Inspector, and taking such evidence as they may

think fit, shall either confirm or reverse the Order given in such Warrant: Provided that any order so apealed against shall, until reversed, continue in full force and effect.

24. 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 If, six months after 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 not less than One Pound nor more than Ten Pounds in respect of each ram which shall not be kept separate as aforesaid.

25. 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 thirty-eight 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 forty-eight hours and ten days respectively. . All sheep shall, for the purpose 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.

26. 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 every such Owner shall be liable to a fine of not less than sixpence nor more than five shillings for every sheep not being so branded as aforesaid.

27. 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 the land to which

they belong, or upon which they shall be lawfully depastured, such boundary not being a natural barrier, or guarded by a sheep-proof fence, or within half-a-mile of any public highway, 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 or highway as aforesaid.

28. 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 upon conviction thereof before two Justices of the Peace be liable to a penalty of fifty pounds or to be imprisoned for any period not exceeding six calendar months. It shall be lawful for any Justice of the Peace on oath made before him that any sheep are so abandoned as aforesaid to issue a warrant for the seizure of such sheep and any two Justices of the Peace may

on proof that such sheep so seized are infected with scab or catarrh direct them to be immediately destroyed Provided that it shall be lawful for any Inspector of Sheep to seize or destroy any sheep without any such warrant.

Importation of Sheep.

29. Landing sheep without certificate or landing infected sheep.

Agent or Servant, land, or cause to be landed from any ship, boat, or other vessel, any sheep, unless they shall, within seven days previous to such landing have been inspected by an Inspector of Sheep or a Provisional Inspector, and unless such person shall have received from such Inspector of Sheep or Provisional Inspector a Certificate, in the form or to the effect specified in Schedule a to this Ordinance, that such sheep are entirely free from either scab or catarrh, he shall be liable to a penalty of not less than five shillings nor more than five pounds for every sheep so landed: Provided that if such sheep, so landed, shall not amount to twenty in number, he shall nevertheless be liable to a penalty of one hundred pounds; and for every day during which such sheep, so landed, without such certificate, shall be driven, depastured, or suffered to stray within the Province of Canterbury, the Owner thereof shall be liable to a penalty not exceeding ne 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 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 if any person shall make any such declaration, knowing the same to be false, he shall, on

conviction thereof before any two Justices of the Peace, be liable to a penalty of

one hundred pounds, and to be imprisoned for a period not exceeding six calendar months.

31. 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 been inspected by an Inspector of Sheep, or a Provisional Inspector, 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.

32. 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, unless they shall, within fourteen days previous 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, without such certificate 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 beforementioed 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.

33. Declaration of owner before introducing sheep by land.

It shall 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, on conviction thereof before any two Justices of the Peace, be liable to a penalty of one hundred pounds and to be imprisoned for a period not exceeding six calendar months.

34. All imported sheep to be dipped within certain limits.

When any sheep shall have been introduced by land or 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 that part of the boundary at which such sheep shall have been introduced, until such sheep shall have been effectually dressed, to the satisfaction of the 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 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 beforementioned 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 ounds 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 it shall be lawful for sheep landed at the Port of Lyttelton to be driven to a distance not exceeding twenty miles from the port before being dressed as above

provided if they shall be so riven 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.

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

When any Inspector of Sheep shall have examined any sheep Inspector's brand. with a view to their importation into the Province of Canterbury, either by sea or land, and shall be prepared to grant a Certificate in the form of Schedule C to the said recited 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. The absence of any such brand from any sheep so imported shall be prima facie evidence that they have not been certified for importation as provided in the said recited Ordinance, unless it shall be proved that such sheep have been shorn since their importation. 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 coviction before any two Justices of the Peace, 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 he 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 twenty twenty-two twenty nine and thirty two 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 on conviction thereof before any two Justices of the Peace be liable to a penalty of one hundred pounds and 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, 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 herein contained 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 through 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 by leaving such notice with some adult inmate of the principal house or station thereon or if no such inmate can be found by leaving the same affixed to some conspicuous part of such house or station and such notice shall be renewed unless the sheep 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 any 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 thirty-eight of this Ordinance, with written notice that they are so trespassing; or if such Owner cannot, after reasonable inquiry, be discovered, it shall be lawful for the Occupier of such land or run forthwith to destroy such sheep: Provided always, that the nature of such reasonable inquiry, 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 eight 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 burned.

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 Justice of the Peace may, upon the application of any Owner of sheep who has reason to believe that any of his sheep have strayed to and upon a run occupied by any other person, by writing, under his hand, direct such Occupier to muster his sheep in a pen at some time within two months after the receipt of such direction, in writing, for the purpose of delivering over such stray sheep to the Owner thereof; 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 direction, in writing, or to give such notice, shall be subject to a penalty of not less than five, nor more than twenty pounds: Provided always, that such Occupier shall be entitled to recover from such Owner any reasonable expense of mustering or delivering such sheep: Provided also, that a certificate, under the hand of an Inspector of Sheep, that the flock with whichsuch stray sheep have mixed is not in a condition to be moved within such period of two months, shall

be a valid excuse for postponing the delivery of any such stray 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 twenty 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 and to all other sheep-owners not so adjoining but whom he may have reason to believe have sheep in his flock of his intention so to yard his sheep such notice being given in the manner prescribed for service of notices by section forty 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 fort the cure of the scab or of drafting sheep for the purpose of sale or removal to any other station or run.

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 before any two or more Justices of the Peace, 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 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. 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.

51. Expenses of prosecution to be paid out of penalties.

In all cases in which any fine or penalty shall be paid under the provisions of this Ordinance, it shall be lawful for the Justices before whom any such conviction shall take place, to award to the Prosecutor such portion of such fine or penalty as shall appear to such Justices a reasonable compensation for expenses incurred by him in the course of such prosecution.

52. Fines and penalties how they may be levied.

All fines and penalties which shall be ordered to be paid under the authority of this Ordinance in case of non-payment thereof either immediately or within such period as may be appointed for the payment thereof, may be levied (with the costs of all proceedings rendered necessary by such non-payment), by distress and sale of the goods and chattels of the person liable to pay the same, by Warrant, under the hand of any Justice of the Peace; and if no sufficient goods and chattels as aforesaid can be found whereon to levy such distress, such fines or penalties may, after the expiration of one week from the date of a public notice in one or more Newspapers within the Province that such fines and penalties are due and unpaid, be levied, with costs as aforesaid and by Warrant as aforesaid, by distress and sale of the sheep in respect of which such fines or penalties may have been incurred, or of the sheep under the same charge, control, or management.

53. Penalties recoverable summarily.

All fines and penalties imposed under the authority of this Ordinance shall be recoverable in a summary way before two or more Justices of the Peace.

54. Interpretation.

In the interpretation of this Ordinance, the words "Owner of any sheep " shall be taken to 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 either sex; the term " Inspector of Sheep " shall mean an Inspector appointed by the Superintendent, under the provisions of section eight of this Ordinance; the term "Provisional Inspector " shall mean an Inspector appointed by a Justice of the Peace under section forty 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 within sight. All sheep shall be deemed to have been "dressed for the cure of scab," to which there shall have been applied any reputed scab-destroying preparation, unless such sheep shall, within

fourteen days previous to such application, have been certifiedby an Inspector of Sheep or a Provisional Inspector to be entirely free from scab; and every sheep belonging to any flock, or on board any ship, boat, or other vessel in which there shall be one sheep which shall, within any given period, have undergone any dressing for the cure of the scab, shall be deemed to have been dressed within such period. 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 the 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 scab-destroying preparation.

55. Title.

This Ordinance shall be intituled and may be cited as “The Sheep Ordinance

1864."

Schedule A.

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

I, of do hereby solemnly declare that [I have made a complete muster of all the sheep in my charge, and that *] my sheep branded being in number, now being at have not within months [been subjected to any dressing for the cure of the scab] had applied to any

of them any reputed scab-destroying, preparation, nor within months 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 .

_{C . D .}

Inspector of Sheep.

_{(Provisional Inspector.)}

* May be omitted when not required by the Inspector.

Schedule B.

Warrant for Herding or Yarding Sheep.

Province of Canterbury, New Zealand, ) To and all others

To wit. ) whom it may concern.

Whereas it appears to us and two of her Majesty's

Justices of the Peace for the said Province, by information, upon oath, of

in the said Province 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 Twenty- seventh year of the reign of her Majesty, entituled " The Sheep Ordinance,

1863," 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 we 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 our hands and seals at in the said Province, this

day of in the year of our Lord one thousand eight hundred and .

A. . B , J.P. C. . D , J.P.

Schedule. C.

Certificate of Inspector.

I, A. B., Inspector of Sheep [Provisional Inspector] hereby certify that I have carefully examined sheep, branded the property of C.D., now being depastured 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,

_{(Provisional Inspector.)}

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.

I.J. Declared before me, at this day of 18 .

A. B. . Inspector of Sheep.

Notes.

This Ordinance was passed by the Canterbury Provincial Council on 13th

September 1864, and assented to by the Superintendent on 15th August.