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c. 36.

A. D. 1878.

(xiii.) "The corporation of London” means the mayor and commonalty and citizens of the city of London, acting by the mayor, aldermen,

and commons of that city, in common council assembled. 39 and 40 Vict., (xiv.) “The customs acts” means the customs consolidation act, 181,

and any enactment amending or substituted for that act.

(xv.) “Justice" means justice of the peace.

(xvi.).“Court of summary jurisdiction" means two or more justices sitting in petty sessions at a court or other public place appointed in that behalf, or a police, stipendiary, or other magistrate or officer. however designated, having by law power to act for any purpose with the authority of two justices, and sitting at a police court or other place appointed in that behalf.

(xvii.) “Railway company” includes a company or persons working a railway under lease or otherwise.

(xviii.) “Person” includes a body corporate or unincorporate.

(xix.) “Part” means part of this act, and “schedule” means schedule to this act.

(2.) The schedules shall be construed and have effect as part of this act.

(3.) In the computation of time for purposes of this act, a peried reckoned by days from the happening of an event or the doing of an act or thing shall be deemed to be exclusive of the day on which the event happens or the act or thing is done.

PART II.-ExGLAXD.

Extent of part 6. Part II applies to England. II.

7. In and for purposes of part IIDefinition of (i.) “County" does not include a county of a city or a county of a county and other districts.

town, but includes a riding or division' or parts of a county having a separate commission of the peace.

(ii.) The liberty of the Isle of Ely and the soke of Peterborough are each a county.

(iii.) Every other liberty or franchise of a county is part of the county by which it is surrounded, or, if partly surrounded by two or more counties, is part of that county with wřich it has the longest common

boundary: 18 and 19 Vict (iv.) “Metropolis” has the same meaniug as in the metropolis max

agement act, 1855.

(v.) " Borough” means5 and 6 W.4, c. (a.) A place for the time being subject to the municipal corporation

act, 1835; or

(6.) A place having for the time being under any general or local act of parliament or otherwise, a separate police establishment.

(vi.) Every place not being a county, borough, part of the metropolis, or named in the second schedule, forms part of the county to the county rate whereof it is assessed, or, if it is not so assessed, forms part of the county wherein it is situate.

c. 120.

76.

Privy council. Powers of privy 8.-(1.) In this act Her Majesty's most honorable privy council is recouncil.

ferred to as the privy council, and an order of the privy council under this act is referred to as an order of council.

(2.) Powers by this act conferred on the privy council may be exercised' by the lords and others of the privy council, or two of them; and, as regards the making of orders and doings of acts affecting only particular local authorities, persons, ports, towns, districts, places, areas, vessels, or things, and, as regards the issuing and revocation of licenses and the appointment or removal of inspectors and other officers, may be exercised by the lord president of the council or one of Her Majesty's principal secretaries of state.

Local authorities.

Local anthori. 9. For the purposes of this part the respective districts, authorities, ties described in rates, and officers described in the second schedule, shall be the district, schedule.

the local authority, the local rate, and the clerk of the local authority, but subject, as regards the metropolis, to the following provisions :

A. D. 1878.

(i.) The corporation of London shall alone be the local authority in and for the metropolis for purposes of the provisions of this act relating to foreign animals :

(ii.) The city of London and the liberties thereof shall contribute for purposes of this act to the metropolitan consolidated rate:

(iii.) No part of the expenses of the local authority for a county shall be included in any precept or warrant for the levying or collection of a county rate within the metropolis.

Cattle plague.

10.-(1.) Where it appears to an inspector that cattle plague exists, . Declaration of or has within ten days existed, in a cow-shed, field, or other place, he infected place in

cattle plague by shall forthwith make and sign a declaration thereof.

inspector. (2.) He shall serve a notice, signed by him, of that declaration on the occupier of that cow-shed, field, or other place.

(3.) Thereupon that cow-shed, field, or other place, with all lands and buildings contiguous thereto in the same occupation, shall become and be a place infected with cattle plague, subject to the determination and declaration of the privy council.

(4.) The inspector shall serve a like notice, signed by him, unless, in the circumstances, this appears to him not to be expedient, on the occapiers of all lands and buildings, any part whereof lies, in his judgment, within one mile in any direction from the cow.shed, field, or other place, or on the occupiers of any of those lands and buildings.

(5.) Thereupon, all the lands and buildings aforesaid, on the occupiers whereof the inspector serves such a notice, shall become and be part of the aforesaid place infected with cattle plague, subject to the determination and declaration of the privy council.

(6.) The inspector shall, with all practicable speed, inform the privy council and the local authority of his declaration and notices, and shall send to the privy council his declaration and a copy of his secondlymentioned notice (if any).

(7.) The privy council shall forth with on receipt of the information inquire into the correctness of the inspector's declaration.

(8.) If the privy council are satisfied of the correctness of that declaration as regards the existence, or past existence, of cattle plagne, they shall by order determine and declare accordingly, aud prescribe the limits of the place infected with cattle plague.

(9.) If the privy council are not satisfied of the correctness of the inspector's declaration as regards the existence or past existence of cattle plague, they shall by order determine and declare accordingly; and thereupon, as from the time specified in the order, the place comprised in the inspector's declaration and notices shall cease to be a place infected with cattle plague.

11. The privy council may at any time, if they think fit, on any evi- . Declaration of dence satisfactory to them, by order declare any cow-shed, field, or other infected place in place, with or without any lands or buildings adjoiving or near there- cattle plague by

privy council. to, to be a place infected with cattle plague.

12. The privy council may from time to time, if they think fit, by Declaration of order declare any area, wherein a place infected with cattle plague is infected area in situate, to be an area infected with cattle plague,

cattle plague. 13. The privy council may from time to time, if they think fit, by Alteration of order extend, contract, or otherwise alter the limits of a place or area infected place or infected with cattle plague.

area in cattle

plague. 14. The privy council may at any time, if they think fit, by order de- Declaration of clare a place or area infected with cattle plague, or part thereof, to be freedom from catfree from cattle plague.

tle plague. 15.-(1.) The privy council sball cause to be slaughtered

Slaughter by (i.) All animals affected with cattle plagne :

privy council in (ii.) All animals being or having been in the same shed or stable, cattlo plague, herd (or flock or in contact with an animal affected with cattle plague. tion out of pub

(2.) The privy conucil may, if they think fit, in any case cause to be lic money. slaughtered

(iii.) All animals suspected of cattle plague, or being in a place infected with cattle plague :

(iv.) All animals being in such parts of an area infected with cattle plague as are not comprised in a place infected with cattle plague (but

A. D. 1878. in this last-mentioned case subject to such regulations as the treasury

from time to time think fit to make).

(3.) The privy council shall, for animals slagbtered under this section, pay compensation as follows, ont of money provided by Parliament:

(a.) Where the animal slaughtered was affected with cattle plague, the compensation shall be one-half of its value immediately before it became so affected, but so that the compensation do not in any soch case exceed twenty pounds:

(b.) In every other case the compensation shall be the value of the animal immediately before it was slaughtered, but so that the compensation do not in any case exceed forty pounds.

Pleuro-pneumonia. Declaration of 16.-(1.) Where it appears to an inspector of a local authority that infected place in pleuro-pneumonia exists, or has within fifty-six days existed, in a cos. nia by local au shed, field, or other place, he shall forthwith make aud sign a declarathority. tion thereof.

(2.) He shall serve a notice, signed by him, of the declaration on the occupier of that cow-shed, field, or other place.

(3.) Thereupon that cow-shed, field, or other place shall become and be a place infected with pleuro-pneumonia, subject to the determination and declaration of the local authority.

(4.) The inspector shall, with all practicable speed, inform the local authority of his declaration and notice, and shall send his declaration and a copy of his notice to the local authority.

(5.) The local authority shall forthwith, on receipt of that information, inquire into the correctness of the inspector's declaration, with the assistance and advice of a veterinary inspector, or of a person qualified according to this act to be such.

(6.) If the local authority are satisfied of the correctness of the inspector's declaration as regards the existence or past existence of disease, they shall by order determine and declare accordingly, and prescribe the limits of the place infected with pleuro-pneumonia, and may, if they think fit, include within those limits any lands or buildings adjoining or near to the cow-shed, field, or other place to which the in spector's declaration relates.

(7.) The local authority may include in a place infected with pleuro pneumonia any adjoining part of the district of another local authority, with the previous consent in writing of that authority, but not other.. wise.

(8.) If the local authority are not satisfied of the correctness of the inspector's declaration as regards the existence or past existence of disease, they shall by order determine and declare accordingly; and thereupon, as from the time specified in that behalf in their order, the corshed, field, or other place to which the inspector's declaration relates shall cease to be a place infected with pleuro-pneumonia.

(9.) The local authority shall forth with report to the privy conneil the declaration of the inspector, and the proceedings of the local authority thereon, and shall state whether or not it is, in their opinion, expe· dient that an infected area, comprising the infected place, shall be declared, and, if so, what should, in their opinion, be the limits of that area, and whether or not there is within that area any place used for the holding of a market, fair, exhibition, or sale of cattle, and, if so, whether or not it is, in their opinion, expedient that the holding in that area while infected, of a market, fair, exhibition, or sale of cattle, should be prohibited or restricted by order of council.

(10.) This section shall, notwithstanding anything therein contained be constrned and have effect subject to the subsequent section in this act contained, whereby the privy council are required to make, by order, provision respecting the case of cattle found to be affected with pleur pneumonia while exposed for sale or exhibited in a market, fair, saleyard, or place of exhibition, and in other circumstances specified in the same section, and generally while being in a place not in the possession

or occupation, or under the control of the owner of the cattle. Declaration or 17.-(1.) The privy council may at any time, if they think fit, on any extension of in evidence satisfactory to them, by order declare any cow shed, field, er fected place in pleuro • pneumo.

other place, with or without any lands or buildings adjoining or near by priry thereto, to be a place infected with pleuro-pneumonia. council.

(2.) The privy council may from time to time, if they think fit, by

nia

A. D. 1878.

from

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order extend the limits of a place infected with pleuro-pneumonia, declared either by a local authority or by the privy council.

18.-(1.) The privy council may at any time, if they think fit, on any Declaration of evidence satisfactory to them, by order declare any area wherein a place infected area in infected with pleuro-pneumonia is situate to be an area infected with pleuro; pneumo

privy pleuro-pneumonia, and may from time to time, if they think fit, by order council. extend the limits of such an area.

(2.) The privy council, on making any such order, shall consider whether it is necessary or expedient to prohibit the holding in that area, . while infected, of any market, fair, exhibition, or sale of cattle, and shall either prohibit the holding thereof accordingly, or allow the same to be held on such terms and conditions as they think fit to prescribe.

19. The rules set forth in the third schedule shall have effect in rela Rules for pleution to a place or area infected with pleuro-pneumonia.

ro-pneumonia. 20.-(1.) Where a local authority have declared a place to be infected Declaration of with pleuro-pneumonia, they may, if they think fit, at any time after freedom the expiration of fifty-six days from the date of the cessation therein of pleuro • pneumothat disease, but not sooner, declare by order that place to be free froin pleuro-pneumonia.

(3.) Where the privy council or a local authority have declared a place to be infected with pleuro-pneumonia, the privy council may, if they think fit, at any time after the expiration of fifty-six days from the date of the cessation therein of that disease, but not sooner, declare by order that place to be free from pleuro-pneumonia.

(3.) Where the privy council have declared an area to be infected with pleuro-pneumonia, they may, if they think fit, at any time when there is not within that area, or withi: some particular portion thereof, any place infected with pleuro-pneumonia, declare by order that area, or that portion thereof, to be free from pleuro-pnenmonia.

21.-(1.) A local authority shall cause all cattle affected with pleuropneumonia to be slaughtered within two days after the existence of the Slaughter by disease is known to them.

local authority in (2.) A local auth ity may, if they think fit, cause any cattle being pleuro; pneumoor having been in the same shed or herd, or in contact, with cattle a? nia and compen; fected with pleuro-pneumonia to be slaughtered.

local rates. (3.) The local authority shall out of the local rate pay compensation as follows for cattle slaughtered under this section :

(i.) Where the animal slaughtered was affected with plenro-pneumonia, the compensation shall be three-fourths of its value immediately befor: it became so affected, but so that the compensation do not in any such case exceed i hirty pounds.

(ii.) In every other case the compensation shall be the value of the animal immediately before it was slanghtered, but so that the compensation do not in any case e.ceed forty pounds.

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Foot-and-mouth disease.

22.-(1.) Where it appears to an inspector of a local authority that

Declaration of foot-and-mouth disease exists, or has within ten days existed, in a cow- infected place in sbed, fiel , or other place, he shall forth with make and sign a decl wa- foot-and-mouth tion thereof.

disease by local (2.) He shall serve a notice, signed by him, of that declaration on the authority. occupier of that cow-sbed, field, or other place, and also on the occupier or occupiers of any lands or buil .i.gs contiguous thereto, as he shall consider necessary.

(3.) Ther-upon tu at cow-shed, field, or ther place shall become and be a place infected with foot-au:-mou h disease, subject to the determination and declaration of the local authority.

(4.) The inspector shall, with all practicable speed, inform the local authority of h s declara ion and notice, and shall send his declaration and a copy of his notice to the local authority.

(5.) The local authority shall forth with on receipt of that information inquire into the correctness of the inspector's declaration.

(6.) If ti e local anthority are satisfied of the correctness of he inspector's declarat on as regards the existence or past +xistence of disease, they shall by order determine and declare accordingly, and prescribe the limits of the place infected with foot-and-mouth dis ase, and may, if they tuink it, include within th se limits any lands or buildings adjoining or near to the cow-shed, field, or other place to which the inspector's declara:ion relates.

council.

A. D. 1878. (7.) The local authority may include in a place infected with foot

and-mo.ith disease any adjoining part of the district of another local authority, with the previous consent in w.iting of that authority, but not otherwise.

(8.) If the local authority are not satisfied of the correctness of be inspector's declaration as regards the existence or past existence of disease, they shall by order determine and declare accordingly; and thereupon, as from the time specified in hat behalf in their order, the cor. shed, field, or other place to which the inspector's declaration relater hall cease to be a place infected wii h foot-and-inonth disease.

(9.) The local authority shall forth with report to the priry council the declaration of the nspector, and the proceedings of the local authority thereon, and shall state whether or not it is, in their opinion, expedient that an infected area, comprising the infected place, shall be declared, and, if so, what should, in their opinion, be the limits of that area, and whether or not there is wi:hin that area any place used for the holding of a market, fair, exhibition, or sale of animals, and, if so, whether or not it is, in their opinion, expedi n that the holdin, in that area, while infected, of a market, fair, exhibition, or sale of animals should be prohibited or restricted by rder of courcil.

(10.) This section shall, notwithstandivg anything therein contained, be construed and have effect subject to the subsequent section in this act contained, whereby the privy council ar.. required to make, by order, provision respecting the cas: of animals found to be affected with foot-and-mouth disease while exposed for sale or exhibited in a market, fair, sale-yard, or place of exhibition, and in other circ mstances specified in the same section, and gen rally while being in a pl ce pot in the possession or occupation, or under the control, of the owner of

the animals. Declaration or 2:-(1.) The privy council may at any time, if they think fit, on any extension of in evidence satisfactory to them, by order declare any cow-shed, field, or fected place in foot- and - mouth

other place, with or without any lands or buildings adjoining or near disease by privy thereto, to be a place infected with foot-and-mouth disease

(2.) The privy council may from time to time, if they think fit, on any evidence satisfactory to them, by order extend the limits of a place infected with foot-and-mouth disease, declared either by the privy

council or by a local authority. Declaration of 24.-(1.) The privy council may at any time, if they think fit, on any infected area in evidence satisfactory to them, by order declare any area wherein a foot-and-month place infected with foot-and-mouth disease is situate to be an area indisease by privy fected with foot-and-month disease, and may from time to time, if they council.

think fit, by order extend the limits of such an area.

(2.) The privy council, on making any such order, shall consider whether it is necessary or expedient to prohibit the holding in that area, while infected, of any market, fair, exhibition, or sale of animals, and shall either prohibit the holding thereof accordingly or allow the same to be held on such terms and conditions as they think fit to

prescribe. Rules for foot. 25. The rules set forth in the fourth schedule shall have effect in reand-mou th dis-lation to a place or area infected with foot-and-mouth disease.

26.-(1.) Where a local authority have declared a place to be inDeclaration of freedom from foot

fected with foot-and-month disease, they may, if they think fit, at any and-mou th dig. time after the expiration of fourteen days from the date of the cessation

therein of that disease, or of such longer period, not exceeding twentyeight days from that date, as the privy council from time to time by general order direct, but not sooner, declare by order that place to te free from foot-and-mouth disease.

(2.) Where the privy council or a local authority have declared a place to be affected with foot-and-mouth disease, the privy council may, if they think fit, at any time after the expiration of fourteen days from the date of the cessation therein of that disease, or of such louger period, not exceeding twenty-eight days from that date, as the privy council from time to time by general order direct, but not sooner, declare by order that place to be free from foot-and-mouth disease.

(3.) Where the privy council have declared an area to be infected with foot-and-mouth disease, they may, if they think fit, at any time when there is not within that area, or within some particular portion thereof, any place infected with foot-and-mouth disease, declare, by order, that area, or that portion thereof, to be free from foot-and-mouth disease.

ease.

ease.

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