All regulations made under this Act shall be published in the Gazette, and shall take effect on such publication, unless a subsequent date is specified therefor in the Order in Council; and shall, within fourteen days after the making thereof, be laid before Parliament if sitting, or if not, then within fourteen days after the commencement of the next ensuing session.

The Governor may from time to time by Order in Council make regulations for all or any of the following purposes

Any Order in Council made under this Act may declare that the provisions thereof shall apply to one or more kinds of stock, and either to the whole of New Zealand or only to such part or parts thereof as the Governor directs.

All Orders in Council made under this Act shall have the like force and effect as if the same had been inserted in this Act; and every person who offends against any such Order in Council is liable for every offence to a fine not exceeding five hundred pounds, or such smaller sum as by such Order in Council may be provided.

In and by any regulations made under this Act the Governor in Council may prescribe the maximum and minimum fines for the breach thereof in such manner that the maximum fine for any offence shall not exceed in any case the sum of five hundred pounds.

The Governor may from time to time appoint and remove a Chief Inspector of Stock, Inspectors of Stock, and temporary Inspectors, and such other officers as may be necessary to carry out the provisions of this Act.

No Inspector shall be either directly or indirectly a dealer in stock, or shall act as the agent of an owner of or dealer in stock in the district or subdivision in his charge.

If any Inspector receives any payment or consideration for the performance of any act, matter, or thing authorised or directed by this Act, other than the salary payable to him, he shall be dismissed:

Provided that nothing in this Act shall prevent any Inspector from demanding or receiving any fees or charges authorised by this Act.

Every Inspector shall have power to enter at any time into any conveyance, or on any land or premises, or on board any vessel for the purpose of inspecting any stock, and may give the owner notice to muster such stock at a place and on a date to be named in the notice, and shall have all such other powers and authorities as may be necessary for enabling him to enforce the provisions of this Act and the regulations; and may direct the owner of any diseased or infected stock to take such measures as regards their treatment, or to do such other acts, as in the opinion of the Inspector are necessary to eradicate or check the spread of disease.

Every Inspector is hereby empowered, in case of resistance, to use all necessary force to effect an entry on any land or premises, or into any conveyance, or on board any vessel, and to obtain and (for the purposes of this Act and the regulations) maintain possession of any stock, fodder, or fittings there found, and for the purposes of this section shall have all the powers of a constable.

Any Inspector, on receiving information of the supposed existence of disease, or having reasonable ground to suspect that disease exists, or has within the preceding three months existed, in any place, shall proceed to that place with all practicable speed, and shall inquire into the existence of disease in such place, or in any other place, in the manner hereinafter set forth:—

This section does not apply to stock infected or affected by the diseases actinomycosis, cancer, or tuberculosis.

If on examining any stock an Inspector believes the same to be diseased, he is hereby authorised and empowered to kill one or more of such stock for the purpose of deciding whether such stock are diseased or infected with an infectious or contagious disease; and

If found to be affected with disease, he may deal as provided in the last preceding section with the remainder of such lot or drove of stock; or

If the stock are travelling or astray, he shall place such stock on the nearest available land, and where there is no danger of other stock becoming infected, and declare such land to be an infected place.

The powers of the Inspector under this section shall extend and apply to the examination, in such manner as he thinks fit, of the carcase of any dead stock, whether such stock has been killed by him under this section or not.

An Inspector may, whenever necessary, employ any person or persons to assist him in carrying out the provisions of this Act and the regulations, and may pay such remuneration to such person or persons as he deems reasonable.

The owner through whose neglect, omission, or other default, or by reason of the infection or removal of or other dealing with whose stock, the expenses of such employment have been incurred shall repay the same to the Inspector on demand.

In default of payment such expenses may be recovered in any Court of competent jurisdiction by or on behalf of an Inspector, or such stock, or a sufficient number thereof, or any other stock of the same owner, may be seized and sold by order of the Chief Inspector to pay such expenses, together with the costs of seizure and sale.

An Inspector may seize and destroy or cause to be destroyed any diseased stock on any land, or any diseased stray stock, or diseased travelling stock, or any diseased stock found in any slaughterhouse or yard or yards attached thereto, or in any saleyard or any public yard or yards, or on any land or other place at which stock may be offered for sale or exhibition, and shall keep a record of all stock so destroyed, with description, brands, and marks thereof, the name of the disease, and the locality where destroyed.

Every person who obstructs or hinders an Inspector in the exercise of his powers or in the performance of his duty, or who fails or neglects to obey any lawful direction of an Inspector, is liable for every such offence to a fine not exceeding fifty pounds and not less than two pounds.

An Inspector shall not be liable for any loss or damage occasioned to any owner of stock by any act of such Inspector, unless such damage is occasioned by his wilful neglect or default.

The Governor may from time to time, in each or any port or place in New Zealand, by Proclamation set apart and define quarantine grounds for the detention of imported stock, or for one or more kinds of imported stock, and from time to time may vary, alter, or redefine or abolish any such quarantine grounds.

The cost of erecting the necessary buildings and fencing shall be defrayed out of any moneys that from time to time may be appropriated by Parliament for the purposes of this Act.

All quarantine grounds, and all erections, buildings, fences, and appurtenances thereon, shall be under the charge of the Chief Inspector.

The Governor may from time to time by Order in Council make regulations for all or any of the following purposes:—

Every person who wilfully, without the written permission of the Minister, introduces or causes to be introduced into New Zealand the virus of any disease, whether or not such virus is in an attenuated form, is liable to imprisonment for any period not exceeding two years.

The Governor may from time to time by Order in Council make regulations for all or any of the following purposes:—

If an Inspector is satisfied that any stock are diseased, he shall give the owner of such stock notice that such stock are diseased; and shall also notify the Chief Inspector, who shall cause an inspection and report to be made of such stock by a veterinary surgeon.

If the Minister is satisfied that such or any other stock are diseased, or have during the preceding three months been diseased, he may cause steps to be taken to eradicate the disease or for the destruction of such diseased or infected stock; if the latter, such diseased or infected stock shall be destroyed by the owner under the supervision of an Inspector.

Any expense incurred by the Inspector may be recovered by or on behalf of such Inspector from the owner of such stock in any Court of competent jurisdiction.

Every owner of diseased stock or of stock suspected to be diseased shall, within twenty-four hours from the time when he discovers or suspects such stock to be diseased, give notice thereof to the Inspector of the subdivision in which such stock are running, and shall keep the diseased stock from coming into contact with any other stock.

Every person who commits a breach of this section is liable to a fine of not less than five pounds and not exceeding fifty pounds for every day that he neglects or omits to perform the duty hereby imposed upon him.

Every person who drives or causes to be driven into, through, or out of any infected area any stock, or removes from any infected place any fodder or fittings, or any soil, sand, or other material upon which any diseased stock have been kept, or any dairy-produce of diseased stock, without the written authority of an Inspector, is liable for every such offence to a fine not exceeding fifty pounds and not less than five pounds.

All stock introduced, driven, travelled, removed, or moved into or from any area or place, and all fodder and fittings removed or moved from any area or place, in breach of this Act may be seized by any Inspector, and shall be forfeited and destroyed, sold, or otherwise disposed of as the Minister directs.

No compensation shall be paid to the owner of any stock destroyed under this section.

Every person who, by himself, his agent or servant, drives, without the permission of an Inspector, or suffers to stray, any diseased or infected stock across or upon any land, or drives, depastures, or suffers to stray any diseased or infected stock upon or along any highway, is liable to a fine not exceeding fifty pounds nor less than two pounds for every day during which such stock are so driven, depastured, or suffered to stray.

Any occupier may detain and examine travelling or stray stock, being upon any part of his land, upon reasonable suspicion of their being diseased; and shall, within twenty-four hours after their detention, give to the nearest Inspector notice thereof.

Every occupier who neglects or omits to give such notice is liable to a fine not exceeding one hundred pounds and not less than two pounds.

Any occupier so detaining any travelling or stray stock shall, until the arrival of the Inspector, either keep such stock on his own land or make such arrangements as will prevent the further spread of the disease, under a fine not exceeding one hundred pounds.

If such stock are diseased, all necessary expenses incurred by such occupier in the detention and keep of such stock shall be paid to him by their owner, to be recovered in any Court of competent jurisdiction, and such occupier shall have a first charge on such stock for recovery of such expenses and legal costs incurred in suing for them:

Provided, however, that if the stock so detained are found, on examination by an Inspector and veterinary surgeon, not to be diseased, and that the occupier detaining them had no reasonable grounds for suspecting them to be diseased, he shall pay to the owner of such stock the expense occasioned by such detention, to be recovered in any Court of competent jurisdiction, together with such further sum by way of damages for loss he may have sustained as the said Court in its discretion awards.

The costs and expenses of and attendant upon the destruction of diseased stock, or upon the treatment of diseased or infected stock when in infected places or under restrictions for the purpose of eradicating disease or preventing its introduction or spread, shall in every case be borne by the owner of the diseased or infected stock so dealt with.

Any district, land, or premises declared an infected area or place by regulations under section twenty-one hereof may be released therefrom by the Minister on the certificate of an Inspector that such land is clean, and such certificate shall be advertised by the Chief Inspector in the Gazette.

The occupier of any land declared an infected place on account of the presence thereon of diseased or infected stock, such stock not being the property of such occupier, shall be paid reasonable compensation by the owner of such diseased or infected stock for the damage or loss he may sustain through such declaration:

Provided that the occupier of any land claiming compensation under this section shall give notice of his claim to the Chief Inspector, stating the amount thereof, within fourteen days from the time when such infected place has been released.

If any diseased or infected stock are found in any yard or yards, or on any land or other place at which stock are offered for sale or exhibition, the owner of such stock shall be liable to a fine not exceeding twenty pounds for every head of the said stock.

Every person who leaves any diseased or infected stock on any land, unless he is the occupier thereof, without destroying the same is liable to a fine not exceeding fifty pounds for every animal so left.

Every person who does not destroy the carcase of diseased stock as required is liable to a fine not exceeding fifty pounds nor less than five pounds.

Every person who, by himself, his servant or agent, casts or causes to be cast the carcase of any stock of any age into any stream or pond or other water, or wilfully leaves the carcase of any stock, or any meat or offal therefrom, to lie about in any place within one-half mile of any highway, is liable to a penalty not exceeding fifty pounds and not less than one pound.

Every person who exhumes, unless under the authority of an Inspector, the carcase of any stock buried in pursuance of this Act is liable to a fine not exceeding fifty pounds nor less than five pounds, or to imprisonment for any period not exceeding six months.

Every person who, except for scientific purposes by authority from the Minister, wilfully communicates or causes to be communicated to any stock any of the diseases mentioned in the Second Schedule hereto is liable to imprisonment with hard labour for any period not exceeding two years, and to such fine not exceeding five hundred pounds as the Court thinks fit.

Every person who, without the written consent of the Chief Inspector, inoculates or causes any stock to be inoculated with the virus of any disease, whether such virus is in an attenuated form or not, is liable for every such offence to a fine not exceeding two hundred pounds and not less than five pounds.

Over and above any other penalty imposed by this Act, the person liable to such penalty shall also be liable to pay to the owner of any stock to which any disease has been communicated by such person’s unlawful act or omission such sum or sums of money as may be sufficient to reimburse such owner for any expense, loss, or damage which he may have in consequence incurred or sustained.

Nothing in this Act shall be construed to limit or deprive any person suffering any such loss or damage of any remedy which he might have had at law or otherwise for recovering the same if this Act had not been passed.

All the provisions of this Act relating to the prevention of the introduction into New Zealand or spread of diseases affecting stock (including the powers conferred upon the Governor in Council by sections nineteen and twenty-one hereof to make regulations for the purposes therein mentioned) shall extend and apply to bones, bonedust, and other animal manures of every description, and to every other specified substance, material, and thing, which in the opinion of the Governor is likely to introduce or spread disease, in the same manner, mutatis mutandis, as if the same were stock.

Where in exercise of the powers in that behalf conferred Upon him by this Act an Inspector condemns any stock as being diseased and causes the same to be slaughtered, and the carcase thereof to be destroyed or otherwise disposed of, the owner of the stock shall be entitled to compensation in the cases, to the extent, and subject to the conditions hereinafter provided.

The compensation shall be based on the fair market value of the animal as fixed immediately prior to the inspection that resulted in its being condemned, such compensation to be ascertained in case of dispute by arbitration of two arbitrators, one to be appointed by the Inspector and one by the owner, with power to the two arbitrators to appoint an umpire, and the decision of such arbitrators or umpire shall be final.

Such market value shall in no case exceed—

In any case where, after examining the carcase of the slaughtered animal, the Inspector is satisfied that it was not diseased when he condemned it, the amount of the compensation shall be a sum equal to the full market value as aforesaid.

In any other case the amount of the compensation shall be a sum equal to one-half such market value.

In every case the carcase shall be destroyed or otherwise disposed of as the Inspector directs, and the net sum received in respect thereof shall be the property of His Majesty, and shall either be paid into the Public Account as part of the Consolidated Fund or, with the consent in writing of the Inspector, be paid to the owner of the animal and deducted from the amount of the compensation.

No compensation shall be payable in respect of any description of stock other than horses, cattle, sheep, or swine; and in respect of them no compensation shall be payable in any of the following cases, that is to say:—

Provided that in every such case the net sum received in respect of the carcase shall be the property of the owner of the animal, and shall be payable to him accordingly, anything hereinbefore contained to the contrary notwithstanding.

All moneys payable by the Government in respect of compensation under this Act shall be payable out of the Consolidated Fund without further appropriation than this Act.

Within twenty-one days after the close of each year ending the thirty-first day of March, if Parliament is sitting, or if not, then within twenty-one days after the beginning of the first ensuing session, the Minister shall lay before Parliament a return setting forth in respect of such year—

Every owner of longwool or crossbred sheep shall, during the period hereinafter mentioned in every year, dip or cause to be dipped all such sheep of which he is the owner.

The said period shall be as follows:—

Provided that on the application of such owner any Inspector, if satisfied that owing to want of water or other sufficient cause the dipping cannot be done within the period applicable as aforesaid to such owner, may, by writing under his hand, grant an extension of time for any period not exceeding thirty-one days.

For every sheep not dipped as aforesaid the owner is liable to a fine of not less than threepence nor more than two shillings.

If an Inspector is satisfied that any sheep in a flock are affected with lice or ticks, he may give the owner notice to dip such flock forthwith to the satisfaction of the said Inspector or any other Inspector; but if the Inspector is satisfied that such sheep are intended and fit for slaughter, he may postpone the giving of such notice to dip for a period not exceeding fourteen days.

Every such owner who refuses, neglects, or fails to comply with such notice on or before the date specified therein is liable on conviction to a fine not exceeding fifty pounds; and if immediately after the date of such conviction such sheep are not dipped to the satisfaction of the Inspector, such owner shall be liable to a further fine not exceeding fifty pounds, and so on for each and every succeeding conviction.

Section twenty-five hereof shall, mutatis mutandis, apply to all sheep affected with lice, and to every person who drives or depastures or suffers such sheep to stray as mentioned in that section:

Provided that for the purposes of this section the said section shall be read as if the words “five pounds” and “one pound” had been inserted therein in the place of the words “fifty pounds” and “two pounds” respectively.

If any sheep affected with lice are found in any pound, or in any yard or yards, or on any land or other place at which sheep are offered for sale, the owner exposing the sheep so affected shall be liable to a fine not exceeding ten pounds.

Any Inspector, if he deems it necessary, may order the withdrawal from sale of any sheep affected with lice until they have been dipped or dressed to the satisfaction of such Inspector or any other Inspector, and shall give notice to the aforesaid owner of such sheep to dip or dress the same forthwith at such place as the Inspector may direct:

Provided that if the Inspector is satisfied that such sheep are intended for immediate slaughter he may withhold such notice to dip.

Every such owner who refuses, neglects, or fails to comply with the aforesaid notice is liable to a further fine not exceeding twenty pounds.

Notwithstanding anything in this Act or any notice given thereunder, it shall not be necessary to dip any ewe affected with lice or ticks during such time previous to or after her lambing as the Inspector may appoint; and for such purpose an Inspector may, in respect of ewes, extend any notice to dip for such time as he thinks fit.

Every owner of sheep shall, on or before the fourteenth day of May in every year, deliver or cause to be delivered to the Chief Inspector, or to the Inspector for the subdivision wherein such owner keeps such sheep, a return in the prescribed form, setting forth the number of sheep so kept on the thirtieth day of April then last past, together with such further particulars as may be prescribed. A separate return shall be delivered in respect of each separate property.

Every former owner of sheep who, within the twelve months since he made his last return, has ceased to be such an owner shall nevertheless make a return to the effect that he no longer owns sheep, and shall give the names, occupation, and address of the purchaser or purchasers.

Every person who refuses or neglects to deliver or cause to be delivered any such return as mentioned in this section is liable for each offence to a fine not exceeding twenty pounds and not less than one pound.

Every person who slaughters sheep for human consumption or for boiling down or for meat-preserving shall, on or before the fourteenth day of May in every year, deliver or cause to be delivered to the Chief Inspector, or to the Inspector for the subdivision in which such slaughtering is done, a return, in the prescribed form, of the total number of sheep so slaughtered during the twelve months ending the thirtieth day of April then last past.

Such return may be combined with the return prescribed by section fifty-two hereof.

Every person who fails or neglects to deliver such return on or before the day aforesaid is liable to a fine of not less than one nor more than twenty pounds.

Every person who wilfully falsifies any return required to be made under this Act is liable to a fine not exceeding one hundred pounds nor less than ten pounds.

Every occupier of any land who musters his stock for the purpose of ear-marking, or for shearing, or for removal from the land shall, before yarding the same, give due notice to the occupiers of all the adjoining lands of his intention so to yard his stock.

Any stockowner who has reason to believe that any of his stock have strayed on to any land in the occupation of any other stockowner may, by writing under his hand, require such other stockowner to give him personal notice or notice by letter of his intention to muster his stock twenty-four hours at least before yarding the same.

Every person who neglects to give any notice as mentioned in this section to any such occupier or stockowner is liable to a fine not exceeding twenty pounds.

Any Inspector may, if he thinks fit, on the application of any owner of stock who has reason to believe that any of his stock have strayed to and upon any land occupied by any other person, by notice require such occupier to muster his stock, or, in the case of not being an owner of stock, to allow such stray stock to be mustered in a yard or pen on a date to be named in such notice, for the purpose of delivering over such stray stock to the owner thereof.

Every such occupier who refuses or neglects to comply with any such notice from the Inspector is liable to a fine not exceeding twenty pounds and not less than one pound.

The Inspector may, if he thinks fit, on the application of such occupier, postpone the time fixed in the notice for the mustering and delivering of such stock.

Such occupier shall be entitled to recover from such owner any reasonable expenses incurred in mustering such stock or delivering such stray stock, as well as compensation for any unavoidable damage caused in so doing.

Every person desirous of crossing any land, or any Crown lands within any hundred, other than travelling-stock reserves, with a flock of sheep or drove of cattle or horses shall, before entering on any such land or Crown lands, give to the occupier of such land, or, as to the Crown lands within hundreds, to one of the Wardens or person in charge thereof, not less than twenty-four hours’ nor more than three days’ notice in writing of his intention so to enter or cross, and shall in such notice specify the place from which such sheep, cattle, or horses started, and their destination, which shall be by some recognised route, and the number and description of the sheep, cattle, or horses in such flock or drove, and the points and dates at which such person proposes to enter and leave such land or Crown lands, which shall be on some recognised route.

The person so entering shall drive or conduct such flock or drove in the direct course of their destination, as specified in such notice, a distance of not less than five statute miles on each day whilst crossing such land or Crown lands, and shall securely close all gates on the line of route.

Every person who offends against or violates the provisions of this section without reasonable excuse is liable to a fine of not less than two pounds nor more than one hundred pounds.

Every person who drives any stock on, along, or across any highway or Crown lands at any time except between the hours of six o’clock in the morning and six o’clock in the evening of the same day in any of the months between the thirty-first day of March and the first day of September in any year, or between the hours of four o’clock in the morning and eight o’clock in the evening of the same day in any other part of the year, unless provided with a permit to do so from a Justice, or an auctioneer, or an Inspector, Postmaster, or constable, is liable in respect of every such offence to a fine not exceeding fifty pounds and not less than five pounds.

Nothing in this section shall apply—

Every person who drives or removes any stock from any land not in his own occupation without the consent of the occupier of such land is liable to a fine not exceeding one hundred pounds, or to imprisonment for a period not exceeding twelve months.

Nothing in “The Impounding Act, 1908,” or any other Act now in force, or in any by-law made by any local authority under any such Act, authorising the destruction of goats in certain cases of trespass or wandering at large shall be held to apply to branded Angora goats.

In this Part of this Act, if not inconsistent with the context,—-

All sheep forthwith after shearing, and all lambs before the thirtieth day of April in each year, shall be distinctly and legibly branded with the registered brand of the owner; and for every such sheep not so branded the owner thereof shall be liable to a fine not exceeding ten shillings:

Provided that this section, so far as wool-branding is concerned, shall not apply to such districts as are already exempt from wool-branding; and the Governor shall exempt any other district from wool-branding on the petition of the majority of the owners of sheep in such district.

In the case of stragglers or stray sheep not the property of the occupier, notwithstanding anything in this Act to the contrary, every owner in whose shed or on whose land any stragglers or stray sheep have been shorn shall forthwith distinctly and legibly brand such sheep on the head with his registered brand, or, if he has no registered wool-brand, with a distinguishing mark of paint or tar.

The Governor may from time to time—

A copy of every registration effected during the month at the office of every Registrar, and of every alteration made in any register at such office, shall be transmitted within the first week of the ensuing month by the person in charge of such office to the Registrar at the chief office of the district.

Every register shall be open for inspection by any Justice or constable, or officer of any County, City, or Borough Council, without payment, and by any other person at all reasonable times on payment of a fee of one shilling.

Every owner of stock whose brand has not been heretofore registered shall apply to the Registrar of the district wherein his stock are running or are intended to run for a brand for registration by him, and shall deposit with such Registrar two correct copies or impressions of his brand on the forms supplied to him for the purpose.

There shall be paid by the owner of every brand to the Registrar who registers the same a fee of five shillings, in respect of the registration of such brand.

Every owner who neglects to register his brand is liable to a fine not exceeding five pounds.

Nothing in this Act shall be construed to oblige any one to brand any pigs or brand horses or cattle running upon securely fenced lands.

No Registrar shall register any brand likely in his opinion to lead to mistakes or confusion, nor any prohibited brand.

If any two owners of stock within the same district have the same or similar brands, the Registrar of the district may require the owner of the brand last registered to alter his brand.

In case of any dispute the same shall be determined in a summary manner by a Magistrate.

Any owner who refuses or neglects to alter his brand accordingly when duly required so to do, and afterwards uses the said brand, shall be liable to the same fines as are herein provided in the case of any person using another person’s brand.

Any owner of stock having duly registered a brand may, by writing addressed to the Registrar for the district, transfer his right to such brand to any other owner, who shall pay a registration fee of five shillings for such transfer, or such first-mentioned owner may relinquish his right to the said brand, and upon the due receipt of such writing by such Registrar he shall forthwith cause the registry of such brand in the general register of brands for the district to be transferred or cancelled, as the case may be.

Where it is proved to the satisfaction of any Registrar that any brand registered by him has not been used by the owner thereof or by his authority for at least two years previously, such brand shall be considered to have been relinquished, and shall be cancelled and removed from the register.

After such cancellation and removal any other owner of stock may, on payment of a fee of five shillings, register such brand in his own name in the office aforesaid, and with the Registrar of the district wherein his stock may be running, and may cause his stock to be branded therewith as if such brand had not been previously registered.

After any owner of stock has registered a brand, no other person in the same district shall, without the authority of such stockowner, brand any stock with the same brand, or with any brand bearing the same mark or one so nearly similar as in the opinion of any Registrar to be not readily distinguishable therefrom, or make or cause to be made any branding-iron bearing the same or a nearly similar brand as aforesaid.

Every person who offends against this section is liable to a fine not exceeding fifty pounds and not less than five pounds.

The mark or impression of any registered brand on any stock shall be prima facie evidence of the ownership of the said stock by the person in whose name such brand is registered in the register of the district.

Every person who wilfully removes more than one-fourth of the whole ear of any cattle or sheep, whether his own property or not, is liable to a fine not exceeding ten pounds nor less than two shillings in respect of each head of cattle and of each horse or sheep so treated.

Every person who destroys, defaces, or alters the brand on any stock, or is party to the destruction, defacement, or alteration thereof, unless he is the lawful owner of such stock, is liable to a fine not exceeding fifty pounds and not less than five pounds for each head of stock in respect of which such offence has been committed, or, at the discretion of the convicting Magistrate, to imprisonment with hard labour for a period not exceeding two years.

Every person who brands any stock with a brand which is not registered, or of which he is not the registered owner, without the authority of such owner, is liable to a fine not exceeding ten shillings and not less than sixpence for each head of stock in respect of which such offence has been committed.

Every person who commits or attempts to commit, or is concerned in committing or attempting to commit, a breach or violation of any of the provisions of this Act, or of any Order in Council or regulation under this Act, for which no special penalty is provided is liable for every such offence to a fine not exceeding one hundred pounds and not less than one pound.

The production of the Gazette containing any Order in Council or regulation under this Act shall be conclusive evidence of the existence of such Order in Council or regulation, and that the requirements of this Act in respect of such Order in Council or regulation have been complied with.

The production of the Gazette containing notice of the appointment or removal of any person to or from the office of Chief Inspector, Inspector, or Chief Registrar or Registrar of Brands shall be conclusive evidence of such appointment or removal respectively.

All fines for any offence against this Act or the regulations thereunder, and all costs and expenses which are required to be paid by any person, may be recovered by or on behalf of any Inspector in any Court of competent jurisdiction.

Any Inspector or other person interested may prosecute for any penalties incurred by any breach of this Act.

No abandonment of any such prosecution, and no compromise made by any person, shall affect the Inspector’s power or duty to prosecute for and recover such fine or penalty.

Nothing in this Act shall prevent separate informations being laid by any occupier of land on which diseased or infected stock have been driven, depastured, or suffered to stray.

In any proceedings under this Act proof that any stock in any flock, drove, or team are affected with any of the infectious or contagious diseases named in the Second Schedule hereto, or with lice, or any other disease declared by the Governor to be an infectious or contagious disease for the purposes of this Act, shall be sufficient proof that all the stock in such flock, drove, or team are infected.

In all legal proceedings against any person for any breach of or non-compliance with the provisions of this Act the onus of proving that such person was exempted from the operation of any fine or penalty hereby imposed shall rest upon the defendant, who shall in all such proceedings be competent to give evidence, anything in any law or practice to the contrary notwithstanding.

Where, on the hearing of any proceedings under this Act, the person charged as owner of any stock, fodder, or fittings disputes that he is the owner, or if it appears that he is a servant of the true owner, or if it is uncertain who is the owner, the Magistrate or Justices may give judgment against the owner of the stock, fodder, or fittings in respect of which such proceedings have been instituted by such description as owner merely, and may direct the fine, or other moneys ordered to be paid, and the costs of and attending the recovery thereof, to be levied by seizure and sale of such stock, fodder, or fittings, or of such portion thereof as is sufficient to satisfy the same.

If the amount realised from the sale of such stock, fodder, or fittings 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 stock may be found to possess.

Where an order or conviction is made under this Act in respect of any stock, or any matter or thing done or omitted to be done with reference to such stock, such stock shall, for the purposes of any warrant of distress following within ten days upon such order or conviction, be conclusively deemed and taken (notwithstanding any sale, assignment, or other dealing with such stock) to be of the goods and chattels of the person against whom such order or conviction is made.

All actions against an Inspector or other person acting in the execution of this Act for anything done in pursuance of or authorised by this Act shall be commenced within three months after the happening of the cause of action, and not otherwise; and notice in writing of such action and of the cause thereof shall be given to the defendant one month at least before the commencement of the action.

The defendant in any such action may plead the general issue, and give this Act and the special matter in evidence at any trial.

The plaintiff shall not recover in such action if tender of sufficient amends is made before action brought, or if after action brought the defendant pays into Court sufficient amends; but in such last-mentioned case the plaintiff shall recover his costs of suit up to the time of payment into Court.

If the defendant obtains a verdict, or the plaintiff becomes nonsuit, or discontinues, or the defendant otherwise recovers judgment, he shall recover full costs as between solicitor and client upon such judgment.

Any defect in or the absence of any such notice shall not be a defence to the action or proceeding, but the Court may disallow the plaintiff any part of the costs to which he would otherwise have been entitled.

All fees, fines, 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.

All the expenses and charges of carrying this Act into execution, and all sums of money to be paid by way of compensation for the destruction of any stock, shall be paid out of moneys to be appropriated from time to time by Parliament.