✨ Ordinance Provisions
3
with as much expedition as the circumstances of the case shall permit, and shall carefully herd the flock during the whole time of their passage, under a penalty of one shilling for every sheep and lamb in the flock.
-
Any Justice of the Peace having reasonable grounds, from information stated on oath before him, to suspect any sheep or lambs within the Province of Otago to be infected with either of the said diseases, shall by warrant in the form specified in the Schedule C to this Ordinance, order the inspection of such suspected sheep or lambs by one or more competent person or persons named in such warrant; and such Inspectors shall, immediately after such inspection, report the result thereof in writing to the Justice issuing such warrant, and shall depone to the truth of the said Report; and it shall be lawful for such Justice thereupon to order such Inspectors to be remunerated at the rate to be fixed as hereinafter provided, for the time during which he or they shall have been reasonably employed in the business; and in case such sheep or lambs shall prove to be infected, such remuneration shall be paid by the owner of the same owner and beside any penalty he may be liable to in virtue of this Ordinance, but if they shall prove to be uninfected, their remuneration as aforesaid shall be paid by the informant. And if it shall appear to the Justice that the informant had no reasonable grounds for lodging his information, he (the Justice) may order the informant to pay the owner of such flock damages not exceeding one pound for each hundred sheep or lambs in the flock.
-
Any master, owner, or supercargo of any ship, boat, or other vessel, who shall permit any sheep or lambs to be landed therefrom, before they shall have been inspected by an Inspector of sheep duly authorised under the provisions of this Ordinance, or before he shall have received a certificate under the hands of the said Inspector, that they have been so inspected, and are free from either of the said diseases, and fixing the place where they shall be landed; or, after obtaining such certificate shall land them elsewhere than the Inspector has fixed; or, in the case where they are not free from either of the said diseases before such master, owner, or supercargo shall apply for and obtain a warrant for landing them from a Justice of the Peace, shall be liable to a penalty of 5s. for each sheep or lambs so landed: Provided always, that in giving directions where sheep shall be landed, the convenience of the master, owner, or supercargo shall, as far as possible, be consulted, and every precaution used to avoid the risk of their being exposed to the infection of diseased flocks which have been previously landed.
-
Along with the application for such warrant there shall be produced a report from such Inspector authorised as hereinafter provided, in the form, or as nearly as may be, of Schedule D to this Ordinance; or if no such Report be produced, the Justice of Peace to whom the application is presented shall order one to be made, and thereupon it shall be lawful to any Justice of Peace to grant warrant for landing the sheep or lambs in question, and to appoint the particular place where they shall be landed, the place where they shall be kept, the route by which they shall be driven or conveyed thither, and other precautions to be taken as he shall think fit; and failing such master, owner, or supercargo obeying such warrant, he shall be liable to a penalty of five shillings for each sheep landed. And it shall be lawful to said Justice of the Peace to assess and to order payment by the master, owner, or supercargo, to the Inspector of his remuneration for the time he shall have been reasonably employed in the business.
-
Every owner of any sheep or lambs who shall refuse to allow such inspection to be made under such warrant, or shall obstruct, or shall refuse or neglect to afford all reasonable facilities to such Inspectors, or to any Inspectors of sheep, appointed by the Superintendent under the authority of this Ordinance for making such examination, shall be subject to a fine not exceeding £100.
-
The carcase of every infected sheep or lamb must be burnt or buried three feet under the ground within twelve hours after it is observed; and no carcase of any animal shall be allowed to lie exposed within 400 yards of any public road or highway, under a penalty of ten pounds for each such carcase.
-
If any person, by himself, his servant, or agent, shall cast, or cause to be cast, the carcase of any sheep or lamb, or other dead animal, into, or shall hurry any such carcase near any stream, or pond, or other water, he shall be liable in a penalty of not less than 5s., nor more than £50.
-
Nothing herein contained shall prevent separate informations from being laid by every occupier of land upon which sheep or lambs infected as aforesaid shall have been conducted, driven, depastured, or suffered to stray; or by every occupier of land through which or adjacent to which, any public way shall lie, upon or along which public way any such infected sheep or lambs have been conducted, driven, depastured, or suffered to stray.
-
Wherever it shall appear to any two Justices that it is necessary to remove infected sheep or lambs to some place where they may be lawfully turned out and kept, such two Justices may grant a warrant in the form of Schedule E to this Ordinance, authorising the removal of such sheep or lambs, at the same time prescribing proper rules to be observed with the prevention of the spread of the disease for which they shall be infected; and any person disobeying or failing to obey such warrant, shall be liable to a penalty not exceeding £50.
-
It shall be lawful for the Superintendent from time to time to appoint fit persons to be Inspectors of sheep, to remove such persons, and to appoint others in their stead; and such Inspectors so appointed shall have at all times the powers hereinbefore given to persons acting under the warrant of any one or more Justices of the Peace in the inspection of all sheep and lambs suspected to be infected with either of the said diseases. And it shall be lawful for the Superintendent to make such regulations as he may think fit, for the guidance of all such Inspectors in the execution of their duty, and for their remuneration, and for carrying this Ordinance into effect: Provided always that no such regulations shall have any force until after they shall have been published in the Provincial Government Gazette. And it shall be in the power of the Provincial Council, from time to time, by resolutions of the House, to alter and amend such regulations.
-
Over and above any other penalty imposed by this Ordinance, and to which any person convicted of infringing the same shall be subjected, he shall also be liable to pay to the owner of any sheep or lambs to which either of the said diseases shall have been communicated by his unlawful act or omission, such sum of money, if demanded by the owner, as in the judgment of any two Justices of the Peace may be sufficient to reimburse such
Next Page →
✨ LLM interpretation of page content
🏛️
Scab and Catarrh Ordinance
(continued from previous page)
🏛️ Governance & Central AdministrationOrdinance, Scab, Catarrh, Sheep, Lambs, Prevention, Spread, Disease
Otago Provincial Gazette 1854, No 10