Other formats

    Adobe Portable Document Format file (facsimile images)   TEI XML file   ePub eBook file  

Connect

    mail icontwitter iconBlogspot iconrss icon

New Zealand: Acts affecting Native Lands, 1886, 1888-91 and 1894-95

Miscellaneous

Previous Section | Table of Contents | Up | Next Section

Miscellaneous.

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

If any infected sheep are found on any ran not in the lawful occupation of the owner of such sheep, and such owner does not remove the same within forty-eight hours after he has been served with personal notice that they are so trespassing, or if such owner cannot after reasonable inquiry be discovered, the occupier of such run may forthwith destroy such sheep.

If, after such owner has been twice served with such personal notice within the space of fourteen days, any infected sheep of such owner are afterwards, within the space of one week from the service of the last notice, again found trespassing on the same run, the occupier of such run may forthwith and without any further notice destrov such sheep so trespassing.

And the nature of such reasonable inquiry, together with the number and marks or brands of the sheep so found and destroyed, shall be certified in writing by the occupier aforesaid to the Inspector within seven days of the destruction of such sheep; and every person who offends against the provisions of this section is liable to a penalty not exceeding twenty-five pounds nor less than five pounds.
62.Infected sheep not to be thrown into ponds, &c. Every person who casts or causes to be cast the carcase of any infected sheep into any stream, or pond, or other water, is liable to a penalty not exceeding twenty pounds nor less than five pounds.
63.Sheep dying of catarrh to be burnt or buried. The owner oi any sheep infected with catarrh at the time of its death who fails to consume the carcase by fire, or to bury it at least three feet under the ground, within twelve hours after death, is liable to a penalty not exceeding five pounds nor less than ten shillings for each carcase not so buried or consumed.
64. Recovery of strayed sheep.

Any Inspector may, if he think fit, 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 notice in writing under his hand, require such occupier to muster his sheep in a pen at some time within one month after the receipt of such notice, for the purpose of delivering over such stray sheep to the owner thereof.

At least seven days' previous personal notice or notice by registered letter shall be given by such occupier to the owner of such stray sheep, stating the time at which such muster shall be made; and every such occupier who refuses or neglects to comply with any such notice from the Inspector, or to give such previous notice to the owner of such stray sheep, is liable to a penalty not exceeding twenty pounds. Such occupier shall be entitled to recover from such owner any reasonable expense of mustering or delivering such sheep, as well as any unavoidable damage which may be incurred in so doing.

Such Inspector may, if he shall think fit, upon the application of such occupier, postpone the time fixed in the Inspector's notice for the mustering and delivering of such sheep.
65.Unauthorised removal of sheep. Every person who, except as hereinbefore provided, drives or removes any sheep from any run not in his own occupation with-page 19out the consent of the owner of such run is liable to a penalty not exceeding one hundred pounds, or to be imprisoned for a period not exceeding six months.
66.
Every occupier of any run who shall muster his flock orNotice to be given before mastering sheep. flocks for either of the purposes of dipping or dressing, or cutting and tailing, or ear-marking, or shearing, or removal from the run, shall, twenty-four hours at least before yarding the same, give personal notice or notice by registered letter to the occupiers of all the adjoining runs of his intention so to yard his sheep.

Every sheepowner wno has reason to believe that any of his sheep have strayed on to any run in the occupation of any other sheepowner may, by writing under his hand, require such other sheepowner to give him personal notice or notice by registered letter of his intention to muster his sheep twenty-four hours at least before yarding the same; and every person who neglects to give such notice to any such occupier or sheepowner is liable to a penalty not exceeding twenty pounds.
67.
Every owner of sheep shall forthwith, after shearing any ofSheep to be wool-branded forthwith after shearing. such sheep, and before they leave the wool-shed or drafting yard, distinctly brand the said sheep with a wool-brand; and every such owner who fails so to brand any sheep as aforesaid, in manner as herein required, is liable to a penalty not exceeding five pounds and not less than two shillings in respect of every sheep not so branded.

The Governor may, by Order in Council, from time to time, on petition of a majority of the owners of sheep in any district or subdivision of a district representing the ownership of not less than two-thirds the total number of sheep in such district or subdivision, exempt any such district or subdivision from the operation of this section; and may similarly alter or revoke any such Order in Council in part or in whole as he shall think fit.

Any such Ordeer in Council when gazatted shall take effect as if it had formed part of this Act, and been inserted therein.

The provisions of this section shall not come into operation until the first day of January, in the year one thousand eight hundred and ninety-one.
68.Every person who wilfully communicates or causes to beWilfully communicating scab or catarrh. communicated to any sheep either of the diseases called scab or catarrh is guilty of a misdemeanour.
69.Every person who wilfully falsifies any return required toFalsification of return. be made under this Act is liable to a penalty not exceeding one hundred pounds nor less than ten pounds.
70.Nothing in this Act shall be construed to limit or depriveSaving other remedies at law to persons suffering damage. any person suffering loss or damage from the driving, depasturing, or suffering to stray of any infected sheep of any remedy which he might have had at law or otherwise for recovering the same if this Act had not been passed.
71.Every person who wilfully removes more than one-third ofPenalty for removing more than one-third of the ear of sheep. the whole ear of any sheep, whether his own property or not, is liable to a penalty not exceeding ten pounds nor less than two shillings in respect of each sheep so treated.
72.
The word brand, in respect of sheep, includes a tattoo-markTattoo-marks and ear-marks on sheep. imprinted on any part of the skin of a sheep, and also an page 20ear-mark made by punching the ear, or any part of the edges or tip thereof, with a distinguishing mark, not an any case exceeding three-quarters of an inch in length, or half an inch in width or diameter.

All ear-marks made otherwise than by the use of a puncn or nipper are hereby prohibited; and it shall not be lawful to remove any part of the ear, or to crop, cut, slice, or split the ear of any sheep by means of a knife or instrument other than a punch or nipper as hereinbefore mentioned. Every such punch or nipper shall bear the stamp of the Stock Department.

(1.)No Registrar of Brands shall, after the passing of this Act, register any brand consisting of an ear-mark of any description prohibited by this Act.
(2.)

Every Registrar of Brands who has registered any brand consisting of an ear-mark of any description prohibited by this Act shall forthwith cancel such registration, and require the owner of such brand to alter the same; and the Registrar shall register without fee any brand substituted by any owner for a brand cancelled under this section.

The owner of any registered ear-mark shall be entitled to mark his own sheep with such brand in either ear as he may think fit.

But it shall not be necessary to register any brand which consists of an ear-mark of a description which may be made by any instrument authorised by this section

So much of section three and of all other provisions of The Brands and Branding Act, 1880, as is inconsistent with the provisions of this section is hereby repealed.

73.Every person—
(1.)Penalty for defacing tattoo-marks or ear-marks, or ear-cropping sheep. Who wilfully or maliciously destroys, defaces, or alters any tattoo-mark or any ear-mark, or is party to the destruction, defacement, or alteration thereof, or who crops or cuts the ear of any sheep straight across, or shoes off by a straight cut any part of the ear of any sheep, or who makes an ear-mark on sheep exceeding three-quarters of an inch in length or half an inch in width or diameter, or in any way brands any sheep with an ear-mark otherwise than as required by this Act; or
(2.)Who brands any sheep with an ear-mark which is not registered, or with an ear-mark of which he is not the registered owner, without the authority of such owner,— is liable to a penalty not exceeding fifty pounds for each sheep in respect of which such offence has been committed, or at the discretion of the convicting Justices to imprisonment with hard labour for any period not exceeding two years.

In section seventeen of The Brands and Branding Act, 1880, the words sheep and sheep or shall be respectively omitted.

74. Saving of operation of section 72.

So much only of the provisions of section seventy-two as relates to the instruments to be used for making ear-marks shall not take effect until the first day of April, one thousand eight hundred and ninety-one; and it shall be sufficient defence to any prosecution for an offence under the said section of making an ear-mark with any page 21instrument other than as required hy that section for the defendant to prove that the said offence was committed before the aforesaid first day of April.

Provided that sections seventy-two, seventy-three, and seventy-four shall not come into effect until a petition of the majority of the owners of sheep in any district or subdivision of a district shall have been presented to the Governor, who shall, on the receipt of such petition, declare by Order in Council that such district or subdivision, from a date to be fixed by the Order in Council, shall be subject to the operation of sections seventy-two, seventy-three, and seventy-four.
75.Every offence by this Act made punishable by imprisonment,Offences prosecuted summarily. with or without hard labour, may be prosecuted, and every pecuniary penalty in respect of any offence under this Act may be sued for, in a summary way before any two Justices of the Peace.
76.
Any Inspector, and any occupier of a run or other personPersons interested or Inspectors to prosecute. interested, may prosecute for any fines or penalties incurred by any breach of this Act.

No abandonment of any such prosecution by any occupier, and no compromise made by any person, shall affect the Inspector's power or duty to prosecute for and recover such fine or penalty.
77.In any proceedings for a penalty under this Act, the ownerNot necessary to prove every sheep infected in order to recover penalty. of any sheep which, in the opinion of the Inspector, are infected sheep shall be liable to a penalty in respect of every such sheep in any case where proof is given that any one or more of the said sheep are, in the opinion of the Inspector, infected sheep; and it shall not be necessary to prove that any of such sheep are actually infected.
78.In all legal proceedings taken against any person for anyOnus of proof upon defendant, who shall be competent witness. breach of or non-compliance with the provisions of this Act, the onus of proving that such person held a clean certificate, or was otherwise exempted from the operation of any penalty hereby imposed, shall rest upon the defendant, who shall in all such proceedings be competent to give evidence, anything contained in any law or practice to the contrary notwithstanding.
79.If any person against whom any proceedings may be takenWho shall be taken as owner of sheep. under this Act as owner of any sheep disputes his ownership thereof, or if it is uncertain who is the owner of any sheep in respect of which any proceedings have been instituted under this Act, the adjudicating Justices may give judgment against the owner of such sheep by such description merely, and may direct that the penalty or sum of money ordered to be paid, or such penalty and sum of money together with the costs of and attending the recovery thereof, shall be levied by seizure and sale of such sheep, or of so many of such sheep as may be necessary to satisfy the same; and, if the amount ealised from the sale of such sheep is not sufficient to satisfy the judgment, then the difference may be recovered by a levy upon any other property which the owner of such sheep may be found to possess.
80.Fees, fines, &c., to be paid into Consolidated Fund. When any order or conviction is made under this Act inSheep to be goods and chattels of person against whom conviction is made. respect of any sheep, or any matter or thing done or omitted to be done with reference to such sheep, such sheep shall, for the purposes of any warrant of distress following within ten days upon such order page 22or conviction, be conclusively deemed and taken (notwithstanding any sale, assignment, or other dealing with such sheep) to be of the goods and chattels of the person against whom such order or conviction is made.
81.All fees, fines, penalties, and sums of money imposed or made payable by this Act shall, when recovered, be paid into the Public Account, and form part of the Consolidated Fund.
82.Repeals. Schedule E. The several Acts enumerated in Schedule E are hereby repealed.

Previous Section | Table of Contents | Up | Next Section