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

Deiving, Etc., Sheep

Deiving, Etc., Sheep.

54. Driving, &c., of infected sheep.

Every person who, by himself, his agent, or servant, drives, depastures, or suffers to stray, any infected sheep across or upon any land not being the property of nor being rented by such person, and not being land of which he has the right of pasturage, or upon or along any highway, such highway not being within the boundaries of the run occupied by the owner of such sheep, is liable for every day during which such sheep shall be so driven, depastured, or suffered to stray to a penalty not exceeding one hundred pounds nor less than five pounds.

But no person shall be liable to any penalty under the provisions of this section for driving, depasturing, or suffering his sheep to stray upon any highway so long as he shall do so with the written permission of the Inspector.

55.No sheep to be driven through any infected run, under penalty. No sheep shall be driven through any infected run, under a penalty of not less than ten pounds nor, when the number of sheep driven shall be more than one hundred, exceeding two shillings for every sheep so driven. The Inspector may, however, give permission for any sheep to be so driven if he is satisfied that sufficient precautions are taken to prevent such sheep from becoming infected.page 17
56.Nothing contained in this Act shall prevent the occupier ofInfected sheep trespassing may be returned to owners. any run upon which shall be found trespassing any infected sheep, and owned by the occupier of an adjoining run, from driving such sheep to the residence of such owner on such adjoining run. But no infected sheep shall, under the authority of this section, be drivenProviso. through any run whereon sheep are depasturing for which a clean certificate has been granted and is in force.
57.
Nothing herein contained shall prevent separate informationsSeparate informations for every run, &c., crossed. being laid by every occupier of any run upon which infected sheep have been driven, depastured, or suffered to stray, or by every occupier of a run through or adjacent to which any highway shall pass, upon or along which highway any such infected sheep have been driven, depastured, or suffered to stray.

Every Inspector shall have the same power ot laying separate informations which is hereby given to every occupier.

58.
Any person about to drive any sheep across any run shallNotice to be given before driving sheep across run. give to the occupier thereof at least twenty-four hours' previous personal notice or notice by registered letter of the day upon which he intends to drive such sheep across such run, as well as of the point or place at which it is intended that such sheep shall enter upon such run, and of the direction in which it is intended such sheep shall cross such run, and stating in such notice the mark or brand with which such sheep are marked or branded, and from whence the same have been brought.

Such notice shall be renewed unless the sheep shall be so driven within three days after the time specified therein.

Every person who offends against the provisions of this section is liable to a penalty not exceeding fifty pounds nor less than one pound.

59.
Every occupier of a run may, without warrant or otherOccupier may, without warrant, inspect sheep on his run. authority, inspect, or cause to be inspected, any sheep which are being driven across or over any part of such run.

Every such occupier, in the case of sheep which are being driven over any run immediately adjoining his own run, or over a highway passing through or bounding his own run, may require the person driving such sheep to produce, and permit to be examined, the clean certificate which is in force for such sheep, or a written permission from the Inspector as authorised by this Act, sanctioning the driving of such sheep; and, if such clean certificate or permission be not produced, then such occupier may, without warrant or other authority, inspect or cause to be inspected such sheep.

Every owner of sheep or other person who refuses to allow such inspection to be made by such occupier, or refuses or neglects to afford all reasonable facilities for the same, or in any way obstructs such inspection, is liable to a penalty of fifty pounds.