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Sheep Ordinance Amendment Ordinance 1861

6. The Sheep Ordinance Amendment Ordinance 1861.

Whereas it is expedient to amend the Law relating to Sheep within the Province of Canterbury:

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

1. Any Sheep introduced by sea to be kept within a distance of three miles from part at which introduced, until Certificate given by Inspector under penalty. Exception in cases of sheep landed at Port Lyttelton.

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 Province at which such sheep 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 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 aways, 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.

2. Amendment of terms of Declaration specified in "The Sheeprdinance, Session X., No. 9." Proviso in case of sheep imported within two months of passing of this Ordinance.

In the Declaration specified in Sections 10, 17 and 20 of "The Sheep Ordinance, Session X., No.

9," there shall be omitted the words, been subjected to any dressing for the cure of the scab;" and there shall be inserted in lieu thereof the following words, "had applied to any of them any reputed scab-destroying preparation:" Provided that with sheep imported into the Province by sea within two months subsequent to the passing of this Ordinance, it shall be lawful for the Inspector of Sheep by whom such sheep shall be inspected to authorize the omission from the said Declaration of the words "nor had applied to any of them any reputed scab- destroying preparation," in case he shall be satisfied, by evidence produced by the Owner of such sheep, that they were perfectly free from scab at the time at which they were so dressed with any scab-destroying preparation.

3. Power of Inspector to refuse to grant Certificate.

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 corrobative 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 referred to in Sections 16 and 19 of the above recited Ordinance, or to make the Report referred to in Section 4 of "The Sheep Ordinance Amendment Ordinance, Session XI., No. 11."

4. To call upon persons for 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 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 enquiries 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.

5. Every Occupier of Sheep Run to give at least twenty-four hours' notice before mustering flock.

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 the service of Notices by Section 25 of "The Sheep Ordinance, Session X., No. 9:", 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 washing for shearing, of dipping for the cure of the scab, or of drafting sheep for the purpose of sale or removal to any other station or run.

6. Interpretation.

This Ordinance shall be interpreted as, and considered a part of, and all proceedings under it

shall be regulated by "The Sheep Ordinance, Session X., No. 9," and all fines and penalties imposed under the authority of this Ordinance shall be recoverable in a summary way.

7. Title.

This Ordinance shall be entituled and may be cited as " The Sheep Ordinance

Amendment Ordinance, 1861."

Notes.

1. Passed by the Provincial Council on 6th December 1861, and assented by the

Superintendent, on behalf of the Governor, on 12th December, 1861.

2. By way of comparison with the later Sheep Ordinance 1863, Section 1 was substantially Section 31 of that Ordinance. Section 3 was Section 33, Section 4 was Section 34, and Section 5 was Section 37.

Section 1 had a final proviso added by the 1863 Ordinance. Section 2 was not there, rather the Schedules were adapted appropriately. Section 3 was substantially the same, but redrafted to better cover the matter of "reports." Section 4 was unaffected, as was Section 5. Sections 6 and 7 dealt with matters of interpretation and intituling.