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Sheep Ordinance 1864 Amendment Ordinance 1869

3. The Sheep Ordinance 1864 Amendment Ordinance 1869

[September 4, 1869.]

Whereas an Ordinance was passed by the Superintendent and Provincial Council of the Province of Canterbury entituled "The Sheep Ordinance 1864" and whereas it is expedient to amend in certain particulars the said Ordinance:

Be it therefore enacted by the Superintendent of the Province of Canterbury with the advice and consent of the Provincial Council thereof as follows:

1. Section 16 of “The Sheep Ordinance 1864” repealed and provision made in lieu thereof.

Section 16 of "The Sheep Ordinance 1864" hereinafter referred to as the said Ordinance is hereby repealed and the following provision is made in lieu thereof Every owner of sheep shall on or before the first day of April in every year pay to the Provincial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 eighteen shillings sterling for each and every thousand or fractional part of a thousand sheep being more in number than one hundred sheep owned by him on the first day of January preceding and specified in the return furnished by him as provided in section 15 of the said Ordinance. 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.

2. Section 20 of “The Sheep Ordinance 1864” repealed and provision substituted in lieu thereof.

Section 20 of the said Ordinance is hereby repealed and the following provision is substituted in lieu thereof Every owner of any sheep infected with scab shall be liable to a fine of not less than One Shilling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 or to have been destroyed 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 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 fractional part of such number contained in such flock.

3. It shall not be lawful for any owner of sheep having one out of several flocks upon the same or adjoining runs infected with scab to remove any of the sheep of any such flocks without certificate from Inspector.

When any owner of sheep shall have several flocks of sheep depasturing upon the same or adjoining runs and one of these flocks shall be infected with scab it shall not be lawful for the said owner to remove any of the sheep of any such flocks from off the said run or runs until he shall have obtained from an Inspector of Sheep a certificate that all the flocks in his possession depasturing upon the same or adjoining runs are entirely free from the said disease and no sheep shall be removed from the said run or runs for six months from the date of such certificate unless the several flocks shall have been 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. Section 29 of “The Sheep Ordinance 1864 repealed and provision substituted in lieu thereof.

Section 29 of the said Ordinance is hereby repealed. and the following provision is substituted in lieu thereof If any person shaIl himself or by means of any agent or servant remove or cause to be removed 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 any sheep whatever unless they shall within seven days previous to such removal 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 removed 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.

5. Section 34 of “The Sheep Ordinance 1864” repealed and provision substituted in lieu thereof.

Section 34 of the said Ordinance is hereby repealed and the following provision is substituted in lieu thereof When any sheep shall have been introduced by 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 of the Province at which such sheep shall have been introduced until such sheep shall have been effectually dressed at least twice within fourteen days from the date of their being so introduced to the satisfaction of an 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 the better and more effectual dressing of any sheep so introduced it shall be lawful for such Inspector if he shall think fit to order the same to be shorn previously to such dressing 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 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 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 said port before being dressed as above provided if they shall be so driven 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 landed.

6. Sheep interoduced by land not to be driven to greater distance than three miles until dressed to satisfaction of Inspector of Sheep.

When any sheep shall have been introduced by land 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 of the Province at which such sheep shall have been introduced until such sheep shall have been effectually dressed at least twice within fourteen days from the date of their being so introduced to the satisfaction of an 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 the better and more effectual dressing

of any sheep so introduced it shall be lawful for such Inspector if he shall think fit to order the same to be shorn previously to such dressing 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 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 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 in the case of sheep from the Otago Province and of sheep that have been depasturing in the country south of the River Waiau-ua in the Province of Nelson for a period of not less than twelve months previously it shall be lawful for such Inspector upon the production of a Certificate from some legally appointed Inspector or Inspectors of Sheep in the District or Districts from or through which sheep have been driven to the effect that the said sheep are entirely free from scab and as regards sheep that have been depasturing south of the River Waiau-ua aforesaid that they have been so depasturing for a period of not less than twelve months previously and have not so far as could be ascertained been mixed with infected sheep or travelled through infected country for a period of at least six months if he shall himself be satisfied after careful inspection that the sheep are free from scab to authorise the omission of both the dressings provided for in this section.

7. Notice as to driving of sheep across runs.

Every person giving Notice under the provisions of "The Sheep Ordinance 1864" that he is about to drive sheep across any run shall state in such notice at what point it is intended that such sheep shall enter upon such run and in what direction it is intended they shall cross such run.

8. Title.

This Ordinance shall be entituled and may be cited as "The Sheep Ordinance 1864 Amendment Ordinance 1869."