Canterbury Provincial Ordinances
11. The Sheep Amendment Ordinance 1859.
Whereas an Ordinance was passed by the Superintendent and Provincial
Council of the Province of Canterbury, entituled " The Sheep Ordinance,
Session X., No. 9: " And whereas it is expedient that certain
portions of the
said Ordinance should be repealed and other provisions made in lieu
Be it therefore enacted by the Superintendent of the said Province, by and
with the consent of the Provincial Council thereof as follows:
1. Repealing Clause.
Sections 2, 5, 11, and 24 of the above recited Ordinance shall be, and they
are hereby repealed. All legal proceedings in execution
of the said Ordinance,
taken before the coming into operation of this Ordinance, shall be as valid to
all intents and purposes, and
maybe continued, executed and enforced after this
Ordinance shall come into operation, in the same manner as if this Ordinance had
not been passed.
In lieu of Section 2, above repealed, be it enacted as
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
registered brand of
the Owner; which brand 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
Pounds; and if the said sheep, not being so branded, shall
exceed four hundred in number, such Owner shall be liable to a further
of not less than Twopence nor more than Sixpence for every such sheep or lamb
not being so branded as aforesaid.
And in lieu of Section 5, above repealed, be it enacted as
3. Registering or using brand of another person.
After any person shall have 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 for 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 registeled 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 registryof such brand, in
his Register of Brands, to be cancelled; and it shall be lawful for any other
person to registed 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.
And in lieu of Section 11, above repealed, be it enacted as
4. Possession of scabby sheep: fines and penalties.
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 if it shall appear to the satisfaction of the Justices before whom any Information under this Clause shall be heard, that the sheep had been clean at any tirne within six months previously to the day on which they shall be stated in such information to have been infected with scab, such Justices shall certify,
upon any conviction to be made on such information, the latest day upon which it shall so appear to their satisfaction that such sheep had been clean, and it shall be lawful for such Justices thereupon to suspend the payment of any penalty by such conviction ordered to be paid; and if at any time within six months subsequently to the date to be certified as above provided, 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 the expiration of such period of six months it shall appear to the satisfaction of any two Justices of the Peace, and upon the Certificate of an Inspector of Sheep, that 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. 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 3000 sheep in number, a separate information may be laid for every additional 3000 sheep or fractional part of such number contained
in such flock.
5. 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
sheep in respect of which he had been so convicted as
And in lieu of Section 24, above repealed, be it enacted as follows:—
6. Scabby 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 26 of the said
recited Ordinance, with written notice that they are so trespassing; or if such
cannot, after reasonable inquiry, be discovered, it shall be lawful for
the Occupier of such land or Run forthwith to destroy such
sheep. If, after such
Owner shall have been twice served with such notice within the space of fourteen
days, the sheep of such Owner,
or any of them, infected as aforesaid, shall
afterwards, within the space of one week from the service of the last notice, be
found trespassing on the same land or Run, it shall be lawful for the
Occupier of such land or run forthwith and without any further
notice to destroy
such sheep so trespassing, if they shall be less than one hundred in nuber, but
not otherwise: Provided always,
that the nature of such reasonable inquiry,
together with the number and brands of the sheep so found and destroyed, shall,
Occupier aforesaid, be certified, in writing, to the Inspector of the
district within fourteen 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.
And be it enacted as follows:—
7. Scabby sheep to be herded in certain cases.
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 wvhich 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 endosed 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.
8. Sheep 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
The absence of any such brand from any sheep so imported shall be
prima facie evidence that they have not been certified for importation
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
Twenty-five nor more than One Hundred Pounds.
9. List of scabby 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 Inspector of
each district, of all
Stations on which there are at that time any sheep infected with the scab or
10. If six months after conviction sheep not clean, all rams to be separated from the 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
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
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.
11. What deemed infected sheep.
All sheep shall, for the purposes of this Ordinance, or of the said recited
Ordinance, be deemed to be infected with scab or catarrh,
which shall, within
two months, have been placed within any yard or enclosure in which there shall
have been, within one month previously,
any sheep so infected, unless such yard
or enclosure shall, in the meantime, have been scoured with some reputed
12. Fines and penalties may be levied by distress and sale of goods.
All fines and penalties which shall be ordered to be paid under the authority of this Ordinance, or of the said recited Ordinance, or of " The Scab Prevention Ordinance, Session X., No. 10," 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
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
unde the same charge, control,
13. Persons having advanced money on the security, &c., of any sheep in the Province, may demand repayment within three months after the passing of this Ordinance.
If any person shall, before the passing of this Ordinance, have bona fide
made any advance of money upon the security of any bill
of sale, mortgage,
assignment, or other assurance of or over any sheep within the Province of
Canterbury, it shall be lawful for
such person, notwithstanding any covenant,
proviso, or condition to the contrary, at any time within three months from the
of this Ordinance, to demand, in writing, from the Owner of such sheep,
the repayment of such money so advanced, and if the same
shall not be repaid
within twelve months from the date of such demand, it shall be competent for
such person, at any time thereafter,
notwithstanding any such covenant, proviso,
or condition, to exercise and put in force such powers and remedies for the
of the money so due, and interest, as by such bill of sale, mortgage,
assignment, or other assurance, may have been given or reserved
in default of
payment of such money and interest at the time therein limited.
14. No penalty to exceed One Hundred Pounds
No penalty to be imposed on any one condition under the provisions of this
Ordinance shall exceed the sum of One Hundred Pounds.
15. Interpretation Clause.
This Ordinance shall be interpreted as and considered as part of "The Sheep
Ordinance, Session X., No. 9."
This Ordinance shall be entituled and may be cited as "The Sheep Ordinance
Amendment Ordinance, Session XI., No. 11."
This Ordinance was passed by the Canterbury Provincial Council on 20th day of
December 1859, and assented to by the Superintendent on 23rd December.
Also, see “The Sheep Ordinance Amendment Ordinnce, 1861, passed during
Session XVII., No. 6.