Title and division of Act.

Acts repealed.

First Schedule.

Present officers

continue.

An Act to amend the Laws relating to Abattoirs and the Slaughtering of Cattle.

[29th December 1869.]

E 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 be called and may be cited as the "Abattoirs Statute" and is divided into Parts as follow:

PART I.—Provisions applicable to the City of Melbourne and
Town of Geelong ss. 4-8.

PART II.—Provisions applicable to Boroughs and Shires ss.
9-26.

PART III.-General Provisions ss. 27-45.

2. The several Acts and parts of Acts mentioned in the First Schedule to this Act to the extent to which the same are therein expressed to be repealed shall be and the same are hereby repealed but all offences against any of the said repealed Acts or of the Acts thereby repealed may be prosecuted and all things done and proceedings taken or commenced by virtue of any of the said Acts shall be valid and may be continued and all licenses issued and rights accrued under any of the said Acts and existing at the time of the coming into operation of this Act may be enforced and shall continue as if such Acts were not repealed.

3. All officers appointed and in office and all bye-laws in force and bye-laws to at the time of the commencement and coming into operation hereof shall continue as if the same had been appointed and made respectively under this Act.

Abattoirs to be erected.

PART I.-PROVISIONS APPLICABLE TO THE CITY OF MELBOURNE AND
TOWN OF GEELONG.

4. The councils of the city of Melbourne and the town of Geelong may erect and establish one or more public abattoirs within

No. 356.

the said city and town respectively and also one or more public 33 VICTORIA, abattoirs in any place beyond but not exceeding the distance of ten miles from the limits of the said city or town.

porate body.

5. No such public abattoir as last aforesaid shall be erected or Consent of corestablished by either of the said councils within the limits or jurisdiction of any other corporate body without the consent of such body.

6. The councils of the said city and town respectively may Expense of erectdefray any expense which may be incurred in the erection of the ing abattoirs. said abattoirs and appurtenances and in the management and maintenance of the same out of the "city fund or town fund" of such city or town respectively.

elsewhere.

7. If after twenty days from the completion of any abattoirs Slaughtering by the council of the city of Melbourne or town of Geelong under the provisions of this Act or of any of the Acts hereby repealed or of any of the Acts repealed by any of the Acts hereby repealed notice of which completion shall have been given in the Government Gazette any person slaughter or cause to be slaughtered any neat cattle. sheep lamb pig or goat within the boundaries of the city or town for which such abattoir shall have been erected or within one mile thereof (either in existing abattoirs or elsewhere) except at the public abattoirs erected by the said city or town or by any municipal council or at any slaughter-house or place for slaughtering cattle provided or erected by the council of any borough he shall forfeit and pay for every such offence any sum not exceeding ten pounds. Provided that nothing in this section shall apply to any slaughterhouse which was in use in or within one mile of the town of Geelong immediately before the coming into operation of this Act but no such last-mentioned slaughter-house shall be hereafter enlarged; and («) every such last-mentioned slaughter-house shall be subject to the provisions duly made for regulation thereof and of all parties using the same and to the payment of a license fee and of slaughter fees. or dues fixed by the council of the said town as provided in the next succeeding section.")

8. The councils of the said city and town may from time to Bye-laws and time make alter or amend by bye-law such regulations as to them rates of fees. shall seem meet for regulating the abattoirs erected and established for the said city and town respectively under this Act or any of the Acts in the last preceding section referred to and for regulating all slaughter-houses in the last preceding section mentioned in respect to cleanliness and otherwise and for the good government of all parties using the same and may fix by bye-law from time to time the rates of slaughtering fees or dues (not exceeding the sums respectively mentioned in the Second Schedule hereto) and the second Schedule. amount of license fee to be paid to the town fund of the said city

(a) The word "and" should be read as "but." -Lowe v. Tweedale, 3 V.R.(L.), 225.

(b) L. was summoned by T., the town inspector of Geelong, for dues payable for sheep slaughtered in a slaughter-house in use prior to the coming into operation of this Statute, and situate in a borough, but within one mile of the town of Geelong. The Geelong abattoirs had been leased

to a person other than T. Held :-(1.) That the town inspector was the proper person to sue, and not the lessee of the town abattoirs. (2.) That the owner of the slaughter-house in question was bound to pay dues to the town council of Geelong for the privilege of continuing to slaughter therein.-Lowe v. Tweedale, 3 V.R.(L.), 225.

No. 356.

33 VICTORIA, and town respectively for the use of such abattoirs and slaughterhouses and the appurtenances by parties slaughtering or causing to be slaughtered live stock therein.

Interpretation of terms.

"Cattle."

"Collector."

"Justice."

"Two justices."

"Council."

"Abattoir."

The council may provide abattoirs

and receive rents and tolls therefrom.

Letting of tolls.

PART II.-PROVISIONS APPLICABLE TO BOROUGHS AND SHIRES.

9. The following words and expressions in Parts II. and III. of this Act shall have the meanings hereby assigned to them unless there be something in the subject or context repugnant to such construction (that is to say) :

The word "cattle" shall include bull ox steer cow heifer calf ram ewe wether lamb goat kid or swine.

The expression "the collector" shall mean the person appointed by the council to collect the stallages rents or tolls authorised by Part II. of this Act and shall include the assistants of the collector.

The word "justice" shall mean justice of the peace acting for and having jurisdiction within the place where the matter requiring the cognizance of any such justice arises and if such matter arise in respect of lands situated not wholly in any one jurisdiction shall mean a justice acting for the place where any part of such lands shall be situated, and where any matter is authorised or required to be done by two justices the expression "two justices" shall be understood to mean two or more justices assembled and acting together or a police magistrate.

The word "council" wherever it occurs by itself shall mean the council of any borough city or town save the city of Melbourne and town of Geelong or shire or board of any road district.

The word "abattoir" shall include any slaughter-house or place for slaughtering cattle provided by any council under the authority of "The Municipal Corporations Act 1863" or this Act.

The word "borough" shall mean and include cities and towns except the city of Melbourne and town of Geelong as well as boroughs.

The word "shire" shall mean and include road districts as well as shires.

10. The council shall have power to provide abattoirs within the borough or shire or with the consent of the Governor in Council within ten miles outside the boundary thereof.

11. The council may demand receive and have from every person who shall use any abattoir such sums of money as and for stallages rents and tolls as shall be appointed by special order of the council in such behalf respectively but not exceeding such amounts as shall from time to time be authorised by the Governor in Council by general regulations to be made for the purpose.

12. The council may demise or let to farm for any term not exceeding three years all or any of the stallages rents and tolls from time to time payable under this Act in respect of any abattoir provided hereunder.

No. 356.

13. Where by this Act the council shall be empowered to 33 VICTORIA, provide abattoirs they may from time to time erect on any land provided by them under the provisions of any Act in force for the Power to erect time being relating to boroughs or shires as the case may be any abattoirs. buildings or set apart and improve any buildings belonging to them for the slaughtering of cattle and so soon as the same shall be ready for public use the council shall give notice to that effect by the publication thereof in some newspaper circulating within the limits of the borough or shire and by printed handbills posted on some conspicuous place within the said limits.

14. Nothing in this Act shall protect the council from an Nothing to proinformation for nuisance or from any other legal proceeding in fect the counci respect to any such abattoir as aforesaid.

a

from an information for nuisance.

cattle in a bo

than in an au

15. After the expiration of ten days from the publication and Penalty on posting of such notice in respect of an abattoir provided for slaughtering borough no person shall slaughter any cattle or dress any carcass for rough elsewhere sale as food of man in any place within the limits of the borough thorised abattoir. other than a slaughter-house which was in use as such within such limits before and on the first day of October One thousand eight hundred and sixty-three, and which has so continued ever since or other than the abattoir so provided for the borough, and every person who shall after such notice as aforesaid slaughter any such cattle or dress for sale any such carcass within the limits of the borough to which such notice relates in any place other than at such abattoir or at one of such slaughter-houses shall be liable to a penalty not exceeding ten pounds for every such offence. Provided that no slaughter-house or place or premises for slaughtering cattle which was in use within the limits aforesaid on the said first day of October One thousand eight hundred and sixty-three shall thereafter be enlarged and that every such slaughter-house or place shall be subject to the provisions of all bye-laws and regulations duly made by the council for the registration inspection and management thereof.

inspect slaughter

16. In addition to the power hereinbefore given to provide abat- shire councils toirs the council of every shire may and alone shall within and for may license and such shire issue licenses for slaughter-houses in such shire. The houses. council of every shire may from time to time make and alter and may repeal bye-laws and regulations, not being inconsistent with the provisions of this Act or of any other law for the time being in force in Victoria, for determining the sum to be paid to the shire fund in respect of every such license and the conditions on which such license shall be granted for providing for the inspection and management of slaughter-houses so licensed and for fixing the penalty to be paid to the shire fund for the breach of any such byelaw or regulation; but no such bye-law or regulation shall have any force or effect until the same shall have been approved by the Governor in Council and shall have been published by the shire council in the Government Gazette.

be demanded

17. The council shall not demand or receive any stallage rent Tolls &c. not to or toll until the abattoir in respect of the use of which the same until abattoir shall be demanded shall be completed and fit for the use of the completed. persons resorting thereunto.