33 VICTORIA, No. 356. 18. A certificate under the hand of any two justices one of whom shall be a police magistrate shall be conclusive evidence that Certificate of two any such abattoir is completed and fit for public use as aforesaid and Justices to be con- any such justices shall sign such certificate on proof being adduced that abattoir is to them that the abattoir is so completed and fit for public use. sidered evidence completed. Stallages &c. 19. The several stallages rents or tolls payable in respect of when to be paid. the abattoir shall be paid from time to time on demand to the council or the collector or other person authorised by the council to receive the same. Stallages tolls &c. may be to time. 20. The council may from time to time by special order change varied from time the stallages rents and tolls to be taken for the abattoir provided that the stallages rents and tolls in no case exceed the amounts authorised by the general regulations aforesaid. Provided also that no such change shall be made during the continuance of any lease of such stallages rents or tolls without the consent of the lessee or farmer thereof. Penalty on taking &c. than author 21. Every person who shall demand or receive a greater stallage a greater stallage rent or toll than that authorised to be taken under the provisions of this Part of this Act shall for every such offence be liable to a penalty not exceeding forty shillings. ised. Recovery of stallage &c. Disputes respect how to be settled 22. If any person liable to the payment of any stallage rent or toll authorised by this Part of this Act to be taken do not pay the same when demanded the council or their lessee or any person authorised by the council or their lessee to collect the same may levy the same by distress of all or any of the cattle in respect of which such stallage rent or toll is payable or of any other cattle in the abattoir belonging to the person liable to pay such stallage rent or toll or under his charge or such tolls may be recovered in any court having competent jurisdiction. 23. If any dispute arise concerning any such stallage rent or ing stallages &c. toll such dispute shall be determined by a justice and such justice shall on application made to him determine the same and make such order therein and award such costs to either party as to him. shall seem proper. List of stallages 24. The council or their lessee shall from time to time cause to &c. to be set up be painted on boards or to be printed and attached to boards in and placed in conspicuous places. Bye-laws relating to abattoirs. large and legible characters a list of the several stallages rents and tolls from time to time payable under this Part of this Act and shall cause a board containing such list to be conspicuously set up and continued in each abattoir provided by the council to which each such list shall relate, and no stallage rent or toll shall be payable during the time such list is not so set up or for anything not specified therein. Provided always that if such list shall be destroyed injured or obliterated the stallages rents and tolls shall continue to be payable during such time as shall be reasonably required for the restoration of such list in the same manner as if such list had continued in the state required by this Part of this Act. 25. The council may from time to time make such bye-laws as they think fit for inspection of the abattoirs and for keeping the same in a cleanly and proper state and for removing filth and refuse No. 356. at least once in every twenty-four hours and for requiring that they 33 VICTORIA, be provided with a sufficient supply of water and preventing the exercise of cruelty therein. 26. All bye-laws relating to abattoirs made by the council Bye-laws. under the last preceding section shall be made in the same manner and have the like force and effect and be subject to the like provisions as bye-laws made by the council under the authority of any Acts for regulating boroughs or shires (as the case may be) in force at the time of the making of such bye-laws. PART III.-GENERAL PROVISIONS. slaughtering 27. If any person without being duly licensed shall keep a Penalty for slaughter-house or place for slaughtering cattle intended for sale or without license. barter or for shipping such slaughter-house or place being outside and beyond one mile of the boundaries of the city of Melbourne and town of Geelong and outside the limits of any borough or shire and not being an abattoir lawfully erected or provided or a slaughter-house licensed by the council of the city of Melbourne or town of Geelong or of any borough or shire or if any person shall slaughter or cause to be slaughtered contrary to the provisions of this Act any cattle in any house or place not being an abattoir and not being a slaughter-house duly licensed under this Act such person shall forfeit and pay a sum not exceeding ten pounds for each and every head of cattle so slaughtered. licenses. 28. Any person who may be desirous of obtaining a license for Application for a slaughter-house shall make application for the same in manner following: (1.) If such slaughter-house be situated outside and more And if such court of petty sessions or such council is satisfied that No. 356. 33 VICTORIA, of such court or under the seal of the borough or shire (as the case may be) in the form set forth in the Third Schedule hereto and such Third Schedule. license shall remain in force until the thirty-first day of December in the year for which such license shall be granted. Appointment of inspectors. Duties of inspectors. Notice of inten cattle to be given 29. Certain persons to be called inspectors of abattoirs and slaughter-houses and of cattle intended for slaughter may be appointed in manner following:-In the city of Melbourne or town of Geelong and in any borough or shire such inspectors may be appointed by the mayor or president and council of such city town borough or shire and within other towns and districts such inspectors shall be appointed by the Governor in Council and all such appointments shall be notified in the Government Gazette. 30. Every person so appointed shall repair without delay to the places within his district at which he shall have information of any cattle being intended to be slaughtered and every such inspector shall examine the said cattle so intended to be slaughtered in his district and shall enter or cause to be entered in a book to be kept by him for that purpose a description of such cattle with the color marks brands sex and apparent age the name of the owner thereof and of the time or place of slaughter and such inspector whenever he shall be required so to do shall produce such book for examination to the court of any general or petty sessions of the peace having jurisdiction in his said district or for the information of any person. 31. Every person intending to slaughter any cattle in such city tion to slaughter town borough or shire or in any district for which an inspector shall to the inspectors. be appointed as aforesaid shall prior to the slaughter of such cattle send or give notice in writing to the inspector of the cattle intended Penalty for de- to be so slaughtered under the penalty of five pounds for each and every head of cattle which shall be so slaughtered without such notice having been sent or given thereof unless it shall be made to appear to the justices before whom such fine shall be sought to be recovered that such notice could not have been sent or given. fault. Keeper of an abattoir and a licensed house where inspector keep records of not appointed to 32. Every keeper of an abattoir and licensed slaughter-house in Victoria shall keep a book in which he shall enter a particular account and description of all cattle slaughtered in such abattoir or slaughter-house specifying the color marks brands sex and apparent age of such cattle and if purchased containing the name of the person from whom the same shall have been so purchased and the and make returns time of slaughter, and a report in writing for the week ending each cattle slaugh tered thereof. Penalty. Saturday of all cattle slaughtered with the particulars above stated shall be transmitted weekly and before the end of the week succeeding that to which the report refers by and under the hand of such keeper of every such abattoir and slaughter-house to the nearest court of petty sessions and also to the inspector of the city town borough shire or district in which such abattoir or slaughter-house is situate, and if any such keeper of an abattoir or of a licensed slaughter-house shall neglect to keep such book or shall make a false entry therein or shall fail or refuse to make such weekly report within the time and containing the particulars aforesaid to the nearest court of petty sessions and to the inspector as aforesaid or to produce such book when so required by the inspector or by any justice he for every such offence shall forfeit and pay a sum not 33 VICTORIA, exceeding twenty pounds. No. 356. slaughtering 33. Nothing in this Act contained shall extend to any person Not to extend to (not carrying on the trade of a slaughterman or butcher) slaughtering cattle for family or permitting to be slaughtered at or upon his own residence run or use. farm cattle which he shall be able to show are bonâ fide his own property, provided that no person slaughtering for his own use more than one head of cattle in any one week shall be allowed to sell any part thereof, and every such person shall keep a book in which he shall enter the particulars of all cattle slaughtered at or upon his residence run or farm, and if any such person shall neglect to keep Penalty. such book or shall make a false entry therein or shall refuse to permit such book to be inspected or upon requisition from any inspector to make or transmit to the inspector a copy of or an extract from such book within a reasonable time and containing the particulars aforesaid or to produce such book when so required by the inspector or by any justice he shall for every such offence forfeit a sum not exceeding twenty pounds. session of carcass 34. If the carcass or any part of the carcass of any cattle shall Penalty for posbe found in the possession of any person or on the premises of any of cattle not acperson with his knowledge, and such person being summoned before counted for. two justices shall not satisfy the justices that he came lawfully by such carcass or part of carcass, he shall on conviction by the justices be liable to imprisonment with hard labor for any term not exceeding six calendar months. demand the skins tered or an ac 35. An inspector or any justice may demand the skins of any Inspectors and cattle whatsoever that may have been or that may appear from the magistrates may report mentioned in either of the two last preceding sections to have of cattle slaughbeen slaughtered within one month previously to the date of such count thereof. demand or a full and satisfactory account showing to whom any such skin has been sold or in what manner disposed of, and any person Penalty. who upon such demand shall refuse or neglect to produce such skin or in case the same cannot be produced to give a full and satisfactory account of how and in what manner the same has been disposed of shall on conviction of every such offence forfeit and pay a sum not exceeding ten pounds. brands upon any 36. If any person shall destroy the skin of any cattle or shall No person shall cut out burn or otherwise destroy or deface any brand which shall destroy the have been upon any such skin or if any person shall be in the skin. possession of any such skin from which the brand shall have been cut or burnt or otherwise destroyed or defaced without being able to give a satisfactory account thereof every such person shall upon Penalty. conviction of every such offence forfeit and pay a fine not exceeding twenty pounds. purchase hides 37. Every tanner or other person purchasing a raw hide or skin Tanners shall not from which any brand shall have been cut or burnt out or destroyed from which the or otherwise defaced shall upon conviction of any such offence forfeit brands shall be and pay a fine not exceeding twenty pounds. cut or defaced. enter abattoirs on 38. Any justice inspector or constable may enter any abattoir Justices &c. may or slaughter-house and any other house place or premises whatsoever suspicion of at any time of the day or night where there shall be good cause to slaughtered. stolen cattle No. 356. 33 VICTORIA, Suspect that stolen cattle have been slaughtered or are intended to be slaughtered and may make such search and enquiry therein as shall be necessary for the discovery of the offence and of the offender. Obstructing officers. Penalty. Recovery of fees and fines. Persons con victed to forfeit 39. If any person shall obstruct or hinder any justice inspector or constable so as to prevent him from entering any abattoir or slaughter-house or any other house place or premises whatsoever for the purpose of examining any cattle or skins of cattle the person so offending shall be liable to forfeit and pay a penalty not exceeding twenty pounds. 40. [Repealed and new provisions substituted by 33 Vict. No. 365, ss. 2 and 3, "The Abattoirs Amending Statute," post.] 41. All fees dues fines penalties and forfeitures imposed by the First Part of this Act or by any bye-law made in pursuance thereof shall be recoverable in a summary way before any justice upon the information or complaint of an inspector of abattoirs and slaughterhouses or city inspector or town inspector duly appointed by the council of the city of Melbourne or town of Geelong to prosecute offenders, and all offences against the Second or the Third Part of this Act shall be prosecuted in a summary way before any two justices. 42. If any person convicted under this Act shall hold a license license or regis- or registration under this or any other Act or under any bye-law or regulation such license or registration may if the justices think fit be declared to be and the same shall thereupon be null and void from and after the date of such conviction. tration. Convictions not want of form or removed to Supreme Court. 43. No conviction before any justice for any offence under this to be quashed for Act nor any adjudication made on appeal therefrom shall be quashed for want of form or be removed by writ of certiorari or otherwise into the Supreme Court and no warrant of commitment shall be held void by reason of any defect therein provided that it be therein alleged that the party has been convicted and that there be a good and valid conviction to sustain the same. Appropriation of fees and fines under this Act. Certain Acts not repealed. 44. Every fine penalty or forfeiture accruing under this Act within the city of Melbourne the town of Geelong and any borough or shire shall be paid to the treasurer of the city of Melbourne or town of Geelong or such borough or shire (as the case may be) and shall be by him carried to the credit of the "town borough or shire fund." 45. Nothing in this Act shall be deemed to affect the power of the councils of the city of Melbourne and town of Geelong respectively to make publish alter modify amend and repeal byelaws not inconsistent with this Act for regulating the place and manner of selling and the quality of butchers' meat and for regulating slaughter-houses. |