AFFIRMATION IF WITNESS OBJECT TO TAKE AN OATH. I A.B. do solemnly sincerely and truly affirm and declare that the taking of any oath is according to my religious belief unlawful, and I do also solemnly sincerely and truly affirm and declare that the evidence which I shall give before this court shall be the truth the whole truth and nothing but the truth. 34 VICTORIA, No. 389. FOURTH SCHEDULE. WARRANT OF COMMITMENT. To W.X.Y.Z. and their assistants and to the keeper of the gaol at Whereas in pursuance of the "Discipline Act 1870" His Excellency the Governor of Victoria did upon the day of under his hand and the seal of the colony appoint A.B.C.D. and E.F. being justices of the peace or commissioned officers under the said Act or of the volunteer or militia forces of Victoria to be a court to hear and determine offences against the said Act, and did also appoint me the undersigned A.B. to be president of the said court: And whereas M.N. was this day duly convicted before the said court for that [here state the offence] and the said court did thereupon adjudge the said M.N. for this his said offence to be imprisoned in the gaol at for the space of and to be kept during of such term at hard labour or in solitary confinement [as the case may be]: These are therefore to command you the said W.X. Y.Z. and your assistants to take the said M.N. and him safely to convey to the gaol aforesaid and there to deliver him to the said keeper thereof together with this precept, and I do hereby command you the said keeper to receive the said M.N. into the said gaol and there to imprison him for the space of and during the said term to keep him at hard labour or in solitary confinement [as the case may be], and for your so doing this shall be your sufficient Section 30. An Act to Amend "The Discipline Act 1870." [Reserved 23rd November 1871. Royal Assent proclaimed 17th May 1872.] WHEREAS by an Act passed by the Legislature of this colony Preamble. entitled "The Discipline Act 1870" it was provided that the Governor may on behalf of Her Majesty place in commission any armed vessels that the Parliament of Victoria may from time to time direct to be maintained, and may engage the services of any persons to serve in the military and naval forces of Victoria upon the terms and conditions thereinafter contained: Be it therefore enacted by the Queen's most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):— 1. The aforesaid armed vessels shall be provided and main- Armed vessels tained for the purpose of defending the coasts of Victoria and of may be provided 35 VICTORIA, Co-operating in time of war with the ships of the Royal Navy in No. 417. such manner and for such periods as the Governor of the said and maintained colony with the advice of the Executive Council shall approve. in such manner as Governor in Council shall direct. What laws and regulations offcers and men shall be subject to. Certain words in 2. The men and officers of such armed vessels shall while ashore or afloat beyond the limits of the colony be subject to all enactments and regulations for the time being in force for the discipline of the Royal Navy. 3. In the eleventh clause of "The Discipline Act 1870" the folclause eleven of lowing words are repealed: "and if serving in the naval forces afore"said whether within the colony or elsewhere to the enactments and "Discipline Act 1870" repealed. regulations now in force for the discipline of the Royal Navy." An Act to consolidate and amend the Law relating to the Prevention of Diseases of Animals. [2nd June 1864.] BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows: 1. This Act shall commence and come into operation on the 27 VICTORIA, first day of January next. It shall be called and may be cited as No. 231. "The Prevention of Diseases of Animals Statute 1864;" and the commencement sections thereof are arranged in Parts as follow: PART I.-Prevention of the disease in sheep called Influenza and Title of Act. Repealed by 34 [PART II.-Prevention of the disease in sheep called ScabDiseases of ss. 14-34.] post. [PART III.—Prevention of the further spread of the disease Vict. No. 451, in cattle called Pleuro-Pneumonia ss. 35-38.] PART IV.-General Provision s. 39. 2. Except as hereinafter mentioned the Acts mentioned in the Repeal of Acts. First Schedule hereto shall be and the same are hereby repealed. First Schedule. Where before the coming into operation of this Act any proclamation appointment order or license has been made or granted, or any offence has been wholly or partly committed, or any penalty has been incurred under or against any of the Acts mentioned in the said schedule, or any warrant or other instrument has been duly made or granted in respect of the same, or any notice has been given, or any bond or recognizance has been entered into, or any right liability privilege or protection in respect of any matter or thing done before the coming into operation of this Act has accrued, or any action suit or other proceeding in respect of such matter or thing has been commenced, every such proclamation appointment order or license shall continue in force, and every such offence shall be dealt with, and every penalty shall be recovered, and every such warrant or other instrument and every such notice and bond or recognizance and every such right liability privilege or protection shall be of the same force and effect, and every such action suit or other proceeding shall be prosecuted continued and defended, as if such Acts were not repealed. 3. In the construction of Parts I. [and II.] of this Act The word "sheep" shall include rams wethers ewes and And The word "road" shall mean any highway or road or way or [In the construction of Part II. of this Act The word "Inspector" shall mean and include the chief in- Interpretation of terms. Repealed by 34 Vict. No. 370 (Scab)," post. Every proprietor of and every person claiming any right title 27 VICTORIA, No. 231. Repealed by 34 Vict. No. 370 s. 2, "Diseases of Animals (Scab)," post. Virtually re The words "travelling sheep" shall include any sheep driven or carried by land or water or which shall within one month have been so driven or carried along or over any place whatsoever other than the land or run on which such sheep are ordinarily kept or depastured. The word "flock" shall mean any two or more sheep which are in the immediate charge of and followed by a shepherd or (not being in such charge) which are depastured within any enclosed pasture or run at large without being secured or kept separate from other sheep by any effectual fence or boundary natural or artificial.] pealed by 36 Vict. In the construction of Part III. of this Act— No. 451 s. 2, "Diseases of Animals (Stock)," post. Infected sheep not to be driven depastured or The word "cattle" shall include any bull ox steer cow heifer and calf.] PART I.—PREVENTION OF THE DISEASE IN SHEEP CALLED INFLUENZA 4. If any person shall turn out keep depasture drive or conduct or permit or suffer to be turned out kept depastured driven or kept near a road. conducted any sheep infected with the disease called the influenza or catarrh within a quarter of a mile of any road or upon any land whatsoever not being in the actual possession and occupation of such person, he shall forfeit and pay for every such offence any sum not less than five pounds nor more than fifty pounds. Nor on a road. Notice to be sheep being near 5. If any person shall drive or conduct or permit or suffer to be driven or conducted any sheep infected as aforesaid upon or along any road, he shall forfeit and pay for every such offence any sum not less than five pounds nor more than fifty pounds. 6. Whenever any sheep infected as aforesaid shall be turned given of infected out kept or depastured upon any land which may be intersected or public way. crossed by any road, it shall be the duty of the proprietor or person in charge of such sheep to cause public notice to be given of such infection by affixing such notice in writing in distinct legible characters at some conspicuous place at each point of entrance of such road into the said land; and every such notice shall be kept and continued so affixed so long as any sheep infected as aforesaid shall be kept or depastured on such land. And if any proprietor or person in charge of any such infected sheep shall wilfully omit or neglect to cause notice to be affixed and continued as aforesaid, he shall forfeit and pay for every such offence any sum not less than five pounds nor more than ten pounds. Abandonment of 7. If any person shall wilfully set at large and abandon any infected sheep. sheep infected as aforesaid, he shall forfeit and pay for every sheep so set at large and abandoned any sum not less than one pound nor more than fifty pounds. Casting such sheep into holes. 8. If any person shall cast or cause to be cast into any stream streams or water- or water-hole the carcass of any sheep which at the time of its death was infected as aforesaid, he shall forfeit and pay for every sheep so cast as aforesaid any sum not less than one pound nor more than five pounds. the seizure in tention of sheep infected. *Sic. 9. If from any information on oath made before any justice by 27 VICTORIA, any proprietor or overseer in charge of sheep or any constable, it No. 231. shall appear to such justice that there is reasonable cause to suspect Justices to have and believe that any sheep are* infected with the disease called the power to order influenza or catarrh are turned out kept depastured driven or con- spection and deducted contrary to the provisions of this Part of this Act, it shall suspected to be be lawful for such justice to issue a warrant under his hand to some fit and proper person to be named in such warrant to authorise him to examine any such sheep and (if necessary) to cause the same to be driven to the nearest pen where the same are ordinarily kept or to some other convenient place for examination. And if such sheep shall appear to be infected as aforesaid, they shall be detained until any information that may be filed under the provisions of this Part of this Act in respect of such sheep shall be heard and determined, provided such information be exhibited within at least forty-eight hours after such sheep shall have been discovered to be infected as aforesaid. And any proprietor or person in charge of such sheep who shall refuse to allow the same to be examined, or shall refuse or neglect when so required to cause them to be driven to the nearest pen or to some other convenient place for examination, shall forfeit and pay for every such offence any sum not less than five pounds nor more than twenty pounds. 10. If any person shall have in his possession for the purpose slaughtering of slaughtering for sale or shall slaughter or cause to be slaughtered infected sheep. for sale any sheep infected as aforesaid, or shall expose the carcass or any part thereof in any public shop stall market or other place, he shall for every such offence forfeit and pay any sum not less than five shillings nor more than twenty pounds; and the convicting justices may direct that the flesh of all such infected sheep so slaughtered as aforesaid shall be seized condemned and destroyed in such manner as they may think fit. 11. All penalties or forfeitures incurred under the provisions Recovery of of this Part of this Act may be sued for and recovered by any penalties. proprietor of sheep or the overseer or superintendent of any such proprietor or by any constable by information; and the matters contained in any such information may be heard and determined by any two or more justices in a summary way. Where the penalty awarded shall not be more than five pounds, the defendant may in default of payment be imprisoned for any period not exceeding fourteen days; and where the penalty awarded shall be of greater amount than five pounds, the defendant may in default of payment be imprisoned for any period not exceeding three months; and the term of imprisonment shall be computed from the time of arrest only. Provided that no conviction shall take place under this Part of this Act unless within three months after the commission of the offence complained of; and no penalty imposed under this Part of this Act shall in any case exceed the sum of one hundred pounds. fines and for 12. One moiety of all fines and forfeitures imposed by this Appropriation of Part of this Act shall be paid to the use of the informer or party feitures. prosecuting; who shall also be entitled to his or her costs and charges over and above such fines and forfeitures, to be ascertained and assessed by the justices before whom the case is heard. |