Disease and movements, generally.

A. D. 1878.

32. The privy council may from time to time make such general or Power for privy special orders as they think fit, subject and according to the provisions council to make orders for preof this act, for the following purposes, or any of them : vention or check(i.) For prescribing and regulating the publication by placards, hand- ing of disease, bills, or otherwise, in the immediate neighborhood of a place or area and declared infected, of the fact of such declaration.

(ii.) For prohibiting or regulating the movement of animals and persons into, in, or out of an infected place or area.

(iii.) For prescribing and regulating the isolation or separation of animals being in an infected place or area.

(iv.) For prohibiting or regulating the removal of carcasses, fodder, litter, utensils, pens, hurdles, dung, or other things into, in, or out of an infected place or area.

(v.) For prescribing and regulating the destruction, burial, disposal, or treatment of carcasses, fodder, letter, utensils, pens, hurdles, dung, or other things, being in an infected place or area, or removed thereout. (vi.) For prescribing and regulating the cleansing and disinfecting of infected places and areas, or parts thereof.

(vii.) For prescribing and regulating the disinfecting of the clothes of persons coming in contact with or employed about diseased or suspected animals, or being in an infected place, and the use of precautions against the spreading of disease by such persons.

(viii.) For prohibiting or regulating the digging up of carcasses buried. (ix.) For prohibiting or regulating the exposure of diseased or suspected animals in markets or fairs or sale-yards, or other public or private places, where animals are commonly exposed for sale, and the placing thereof in lairs or other places adjacent to or connected with markets or fairs, or where animals are commonly placed before exposure for sale. (x.) For prohibiting or regulating the sending or carrying of diseased or suspected animals, or of dung or other thing likely to spread disease, or the causing the same to be sent or carried, on railways, canals, rivers, or inland navigations, or in coasting vessels, or otherwise.

(xi.) For prohibiting or regulating the carrying, leading, or driving of diseased or suspected animals, or the causing them to be carried, led, or driven on highways or thoroughfares, or elsewhere.

*(xii.) For prohibiting or regulating the placing or keeping of diseased or suspected animals on commons or uninclosed lands, or in fields or other places insufficiently fenced, or on the sides of highways.

(xiii.) For prescribing and regulating the seizure, detention, and disposal of a diseased or suspected animal exposed, carried, kept, or otherwise dealt with in contravention of an order of council; and for prescribing and regulating the liability of the owner or consignor or consignee of the animal to the expenses connected with the seizure, detention, and disposal thereof.

(xiv.) For prescribing the mode of ascertainment of the value of an animal slaughtered, or liable to be slaughtered, by order of the privy council or of a local authority.

(xv.) For regulating applications for, and the mode of payment of, compensation to be paid out of money provided by Parliament.

(xvi.) For prescribing and regulating the destruction, burial, disposal, or treatment of carcasses of animals slaughtered by order of the privy council or of a local authority, or dying while diseased or suspected.

(xvii.) For prohibiting or regulating movement of animals, and the removal of carcasses, fodder, litter, dung, and other things, and for prescribing and regulating the isolation of animals newly purchased.

(xviii.) For prescribing and regulating the issuing and production of licenses respecting movement and removal of animals and things. (xix.) For prohibiting or regulating the holding of markets, fairs, exhibitions, and sales of animals.

(xx.) For prescribing or regulating the cleansing and disinfecting of places used for the holding of markets, fairs, exhibitions, and sales of animals, or for lairage of animals, and yards, sheds, stables, and other places used for animals.

(xxi.) For prescribing and regulating the cleansing and disinfecting of vessels, vehicles, and pens and other places, used for the carrying of animals for hire or purposes connected therewith.

(xxii.) For prescribing modes for cleansing and disinfecting.

poses.

other pur

A. D. 1878.

Provision

of

(xxiii.) For insuring for animals carried by sea a proper supply of food and water and proper ventilation during the passage and on landing.

(xxiv.) For protecting them from unnecessary suffering during the passage and on landing.

(xxv.) For protecting animals from unnecessary suffering during inland transit.

(xxvi.) For securing a proper supply of water and food to animals during any detention thereof.

(xxvii.) For prescribing and regulating the marking of animals. (xxviii.) For prohibiting, absolutely or conditionally, the use, for the carrying of animals or for any purpose connected therewith, of a vessel, vehicle, or pen or other place in respect whereof, or of the use whereof, a penalty has been recovered from any person for an offense against this act.

(xxix.) For prescribing and regulating the payment and recovery of expenses in respect of animals.

(xxx.) For prescribing and regulating the form and mode of service or delivery of notices and other instruments.

(xxxi.) For authorizing a local authority to make regulations for purposes of this act or of an order of council, subject to such conditions, if any, as the privy council, for the purpose of securing uniformity and the due execution of the provisions of this act, think fit to prescribe.

(xxxii.) For applying all or any of the provisions of this act to horses, asses, and mules, and to glanders and farcy, and other diseases thereof.

(xxxiii.) For extending, for all or any of the purposes of this act. the definition of disease in this act, so that the same shall for those purposes comprise any disease of animals in addition to the diseases mentioned in this act.

(xxxiv.) Generally, for the better execution of this act, or for the purpose of in any manner preventing the spreading of disease.

33.-(1.) Every railway company shall make a provision, to the water and food satisfaction of the privy council, of water and food, or either of them. at railway sta at such stations as the privy council from time to time, by general or specific description, direct, for animals carried, or about to be or having been carried, on the railway of the company.

tions.

Power for

(2.) The water and food so provided, or either of them, shall be supplied to any such animal by the company carrying it, on the request of the consignor or of any person in charge thereof.

(3.) As regards water, if, in the case of any animal, such a request is not made, so that the animal remains without a supply of water for twenty-four consecutive hours, the consignor and the person in charge of the animal shall each be guilty of an offense against this act: and it shall lie on the person charged to prove such a request and the time within which the animal had a supply of water.

(4.) But the privy council may from time to time, if they think fit. by order prescribe any other period, not less than twelve hours, instead of the period of twenty-four hours aforesaid, generally, or in respect of any particular kind of animals.

(5.) The company supplying water or food under this section may make in respect thereof such reasonable charges (if any) as the privy council by order approve, in addition to such charges as they are for the time being authorized to make in respect of the carriage of animals. The amount of those additional charges accrued due in respect of any animal shall be a debt from the consignor and from the consignee thereof to the company, and shall be recoverable by the company from either of them, with costs, by proceedings in any court of competent jurisdiction. The company shall have a lien for the amount thereof on the animal in respect whereof the same accrued due, and on any other animal at any time consigned by or to the same consignor or consignee to be carried by the company.

Dairies, cow-sheds, and milk-shops.

34. The privy council may from time to time make such general er privy council to special orders as they think fit, subject and according to the provisions make orders rel- of this act, for the following purposes, or any of them:

ative to dairies,

cow-sheds,

and

(i.) For the registration with the local authority of all persons carmilk-shops. rying on the trade of cowkeepers, dairymen, or purveyors of milk.

(ii.) For the inspection of cattle in dairies, and for prescribing and regulating the lighting, ventilation, cleansing, drainage, and water supply of dairies and cow-sheds in the occupation of persons following the trade of cowkeepers or dairymen.

(iii.) For securing the cleanliness of milk-stores, milk-shops, and of milk-vessels used for containing milk for sale by such persons.

(iv.) For prescribing precautions to be taken for protecting milk against infection or contamination.

(v.) For authorizing a local authority to make regulations for the purposes aforesaid or any of them, subject to such conditions, if any, as the privy council prescribe.

Foreign animals.

A. D. 1878.

35.-(1.) The privy council may from time to time make such general Prohibition of or special orders as they think fit for prohibiting the landing of animals, importation. or of any specified kind thereof, or of carcasses, fodder, litter, dung, or Slaughter or quarantine. other thing, brought from any specified foreign country, or any specified part thereof.

32 and 33 Vict.,

(2.) Any such order may be made at any time after the passing of this act, but shall not take effect before the first day of January, one thousand eight hundred and seventy-nine; and until that day part III, relating to foreign animals, of the contagious diseases (animals) act, 1869, and all other provisions relating to foreign animals of that act c. 70. and of any other act repealed by this act, shall, notwithstanding that repeal, or any other thing in this act, be in force as if this act had not been passed.

(3.) On and after the first day of January, one thousand eight hundred and seventy-nine, the provisions set forth in the fifth schedule shall apply to foreign animals, the landing whereof is not for the time being prohibited by order of council made under this section.

36.-(1.) The privy council may from time to time make such general Regulation of or special orders as they think fit, subject and according to the provis- ports.

ions of this act, for the following purposes, or any of them:

(i.) For prescribing the ports at which alone foreign animals may be landed.

(ii.) For defining the limits of ports for purposes of this act.

(iii.) For defining parts of ports.

(iv.) For prohibiting or regulating the movement of animals into, in, or out of a defined part of a port.

(v.) For prescribing and regulating the inspection and examination, and the mode, time, and conditions of slaughter, of animals in a defined part of a port.

(vi.) For prescribing and regulating the disposal of animals, not being foreign animals, and being in a defined part of a port.

(vii.) For regulating the removal of carcasses, fodder, litter, utensils, dung, or other things into, in, or out of a defined part of a port, and the disposal thereof, when likely to introduce or spread disease.

(viii.) For prescribing and regulating the cleansing and disinfecting of a defined part of a port or of parts thereof.

(ix.) For prescribing and regulating the disinfecting or destruction of things being in a defined part of a port or removed thereout.

(x.) For regulating the movement of persons into, in, or out of a defined part of a port.

(xi.) For prescribing and regulating the disinfecting of the clothes of persons employed or being in a defined part of a port, and the use of precautions against the introduction or spreading by them of disease. (xii.) For prescribing and regulating the seizure and detention of any foreign animal, carcass, fodder, litter, dung, or other thing whereby disease may be introduced or spread.

(xiii.) Generally, for the better execution of this act in relation to foreign animals, carcasses, fodder, litter, dung, or other things, or for the purpose of in any manner preventing the introduction or spreading thereby of disease.

(2.) Notwithstanding anything in this act, a defined part of a port, or any part thereof, shall not be declared to be an infected place, or be made part of an infected place, otherwise than by the privy council.

(3.) Where the district or part of a district of a local authority de scribed in the second schedule is or comprises, or is comprised in, a port or part of a port, the privy council may, from time to time, if they H. Ex. 186-2

A. D. 1878.

Local authori

think fit, in relation to that port or part of a port, by order, make any body, other than the body constituted the local authority by the second schedule, the local authority, for the purposes of the provisions of this act relating to foreign animals, and, in connection with the local authority so made, prescribe the local rate, if any, and the clerk of the local authority.

Powers and duties of local authorities.

37. A local authority, not being a body corporate, may sue and be ties to be treated sued, and take and hold land, and otherwise act and be dealt with for as incorporated. all purposes of this act, by the name or title of the local authority unde: this act for their district, as if they were incorporated.

Committees of 38. The provisions in the sixth schedule shall have effect with respect local authorities. to committees of local authorities.

Provision of 39.-(1.) A local authority may provide, erect, and fit up wharves places for landing stations, lairs, sheds, and other places for the landing, reception, keepof foreign ing, sale, slaughter, or disposal of foreign animals, carcasses, fodder. mals. litter, dung, and other things.

14.

ani

10 & 11 Vict., c

10 & 11 Vict., c. 14.

70.

(2.) There shall be incorporated with this act the markets and fairs clauses act, 1847, except sections six to nine and fifty-one to sixty thereof, all inclusive.

(3.) A wharf or other place provided by a local authority under this section shall be a market within that act; and this act shall be the special act; and the prescribed limits shall be the limits of lands sequired or appropriated for purposes of this section; and by-laws shall be approved by the privy council, which approval shall be sufficient without any other approval or allowance, notice of application for approval being given, and proposed by-laws being published before appli cation, as required by the markets and fairs clauses act, 1847.

(4.) A local authority may charge for the use of a wharf or other place provided by them under this section such sums as by-laws from time to time appoint, and the same shall be deemed tolls authorized by the special act.

(5.) All sums so received by the local authority shall be carried to a separate account, and shall be applied in payment of interest on money borrowed by them for purposes of part III, relating to foreign animals 32 & 33 Vict., c. of the contagious diseases (animals) act, 1869, or of this section, and in repayment of the principal thereof, and, subject thereto, towards discharge of their expenses under this act.

32 & 33 Vict. c. 70.

Power for local

(6.) The local authority shall make such periodical returns to the privy council of their expenditure and receipts in respect of the wharf or other place as the privy council from time to time require.

(7.) The privy council, if satisfied on inquiry that the tolls taken by the local authority for the wharf or other place may properly be reduced, regard being had to the expenditure and receipts of the local authority in respect thereof, and to any money secured on the tolls, and to the other circumstances of the case, may require the local authority to submit to the privy council, for their approval, a new schedule of tolls, and on failure of the local authority to do so, to the satisfaction of the privy council, may, by order, prescribe such tolls as they think fit, in lieu of those before approved by them.

(8.) The provisions of this section shall apply to a wharf or other place provided by a local authority under the contagious diseases (an-mals) act, 1869.

40.—(1.) A local authority may purchase, or may by agreement take authority to ac- on lease or at a rent, land for wharves or other places, or for use for quire land. burial of carcasses in cases where there is not any ground suitable in that behalf in the possession or occupation of the owner of the anima or any common or uninclosed land suitable, and approved by the privy council, in that behalf, or for any other purpose of this act.

55.

(2.) They may (subject to any agreement) dispose of lands so acquired. but not required for this act, carrying the money produced thereby to the credit of the local rate.

(3.) The regulations contained in section one hundred and seventy38 & 39 Vict., c. six of the public health act, 1875, shall be observed with respect to the purchase of land by a local authority for purposes of this act, as if the local authority were a local board, and purposes of this act were parposes of that act; save that the requisite advertisements and notices may be published and served in any two consecutive months, and that the local rate be substituted for the rates therein mentioned.

A. D. 1878.

(4.) The powers conferred by this section may be exercised by a local authority with respect to land within or without their district. 41.-(1.) Every local authority shall execute and enforce this act and Duties of local every order of council, as far as the same are to be executed or enforced authorities, and by local authorities.

(2.) Where a local authority fail to execute or enforce any of the provisions of this act, or of an order of council, the privy council may by order empower a person therein named to execute and enforce those provisions, or to procure the execution and enforcement thereof.

(3.) The expenses incurred thereby by or on behalf of the privy council, including compensation for animals slaughtered, shall be expenses of the local authority, and the amount thereof shall be paid to the privy council, on demand, by the treasurer or other proper officer of the local authority; and in default of payment the same shall be recoverable from the local authority, with costs, by a person appointed by the privy council to sue in that behalf.

(4.) For the purposes of this section an order of the privy council shall be conclusive in respect of any default, amount of expenses, or other matter therein stated or appearing.

(5.) The provisions of this section shall be without prejudice to the right or power of the privy council, or any other authority or any person, to take any other proceedings for requiring a local authority to execute or enforce any of the provisions of this act, or of an order of council.

enforcement

thereof.

42.-(1.) Every local authority shall from time to time appoint so Inspectors and many inspectors and other officers as they think necessary for the exe- other officers of cution and enforcement of this act, and shall assign to those inspectors local authority. and officers such duties and salaries or allowances, and may delegate to any of them such authorities and discretion as to the local authority seem fit, and may at any time revoke any appointment so made.

(2.) Every local authority shall keep appointed at all times at least one veterinary inspector, and shall appoint and at all times keep appointed so many other veterinary inspectors as the privy council, having regard to the extent and circumstances of the district of the local authority, from time to time direct.

(3.) The privy council, on being satisfied on inquiry that an inspector of a local authority is incompetent, or has been guilty of misconduct or neglect, may, if they think fit, direct his removal, and thereupon he shall cease to be an inspector.

43. Every local authority and their inspectors and officers shall send Reports to privy and give to the privy council such notices, reports, returns, and infor- council. mation as the privy council from time to time require.

44.—(1.) An order or regulation of a local authority may be proved- Orders and reg (i.) By the production of a newspaper purporting to contain the order ulations of local or regulation as an advertisement; or,

(ii.) By the production of a copy of the order or regulation purporting to be certified by the clerk of the local authority as a true copy. (2.) An order or regulation so proved shall be taken to have been duly

made, unless and until the contrary is proved.

(3.) An order or regulation of a local authority authorized by this act or by order of council shall alone be deemed for purposes of this act an order or regulation of a local authority.

authorities.

Powers of local

45. The provisions of this act conferring powers on, or otherwise relating to, a local authority, or their inspectors or officers, shall, unless authorities to be otherwise expressed, be read as having reference to the district of the for their district. local authority; and powers thereby conferred shall, unless it is otherwise expressed, be exercisable and shall operate within and in relation to that district only.

Expenses of local authorities.

46. The expenses of a local authority shall be defrayed out of the Expenses out local rate; and such sums as may be necessary to defray those expenses of local rate. shall from time to time be levied with and as part of the local rate.

to

47.-(1.) The local authority of a borough assessed to the county Relief of borrate of a county shall be paid by the local authority of the county the oughs from conproportionate amount paid by the several parishes and parts of parishes tribution in the borough towards the expenses under this act of the local authority county expenses. of the county.

(2.) The local authority of a borough having a separate court of quarter sessions shall be exempt from contributing towards the ex