A. D. 1878.

76.

penses under this act of the local authority of the county within which the borough is situate; and the treasurer of the county shall, out of the 5 and 6 W. 4, c. account required by the municipal corporation act, 1835, to be kept by him of money expended out of the county rate for other purposes than those in that act mentioned, exclude the expenses under this act of the local authority of the county; and the amount to be paid to the treasurer of the county by the borough shall be varied accordingly. 48. The existence of an order or precept for the making or collection under any former act of a rate remaining uncollected wholly or in part at the commencement of this act shall not affect the validity of any rate thereafter made.

Outstanding

rates.

Power for local

row.

Borrowing by local authorities.

49.-(1.) Where the amount or proportion of the local rate levied or authority to bor- required for this act exceeds or would exceed in any financial year 8.xpence in the pound, a local authority may borrow at interest on the credit of the local rate any money necessary under this act, and may secure the payment thereof, with interest, by mortgaging the local rate for any term not exceeding seven years.

83.

58.

(2.) Where the amount or proportion aforesaid exceeds or would exceed in any financial year ninepence in the pound, the local government board may, if they think fit, on application of the local authority extend the term to any period not exceeding fourteen years.

(3.) A local authority, borrowing for the purposes of this section. 38 & 39 Vict., c. shall borrow subject to the provisions of the local loans act, 1875; and every loan raised under this section shall be discharged in manner prescribed by section thirteen of that act, for which purpose a sinking fund is hereby prescribed, if in any case the local government board so direct, but not otherwise.

(4.) The public works loan commissioners may, on the recommendation of the focal government board, advance money to a local authority 38 & 39 Vict., c. in manner provided by the public works loans act, 1875, and any enactment amending or substituted for that act, the same to be repaid, with interest, within the term aforesaid, and the local authority may so borrow accordingly.

Duties and authorities of constables.

(5.) A local authority, borrowing for purposes of the provisions of this act relating to foreign animals, may, if they think fit, give as security, either with the local rate, if any, or separately therefrom, the charges which they are authorized to make for the use of a wharf or other place provided by them under this act, and any estates, revenues, or funds belonging to them and not otherwise appropriated by law; and in that case the limitations in this section respecting the amount of proportion of rate and term of years shall not operate.

Police.

50.-(1.) The police of each police district or area, county borough, town, and place shall execute and enforce this act and every order of council.

(2.) Where a person is seen or found committing, or is reasonably suspected of being engaged in committing, an offense against this act, a constable may, without warrant, stop and detain him; and, if his name and address are not known to the constable, and he fails to give them to the satisfaction of the constable, the constable may, without warrant, apprehend him; and the constable may, whether so stopping or detaining or apprehending the person or not, stop, detain, and examine an animal, vehicle, boat, or thing to which the offense or sus pected offense relates, and require the same to be forthwith taken back to or into any place or district wherefrom or whereout it was unlaw fully removed, and execute and enforce that requisition.

(3.) If any person obstructs or impedes a constable or other officer is the execution of this act or of an order of council or of a regulation e a local authority, or assists in any such obstructing or impeding, the constable or officer may without warrant apprehend the offender.

(4.) A person apprehended under this section shall be taken with a practicable speed before a justice, and shall not be detained without a warrant longer than is necessary for that purpose; and all enactments relating to the release of persons on recognizances taken by an officer of police or a constable shall apply in the case of a person apprehended under this section.

(5.) The foregoing provisions of this section respecting a constable extend and apply to any person called by a constable to his assistance.

(6.) A constable shall forthwith make a report in writing to his superior officer of every case in which he stops any person, animal, vehicle, boat, or thing under this section, and of his proceedings consequent thereon.

(7.) Nothing in this section shall take away or abridge any power or authority that a constable would have had if this section had not been enacted.

A. D. 1878.

General.

51.-(1.) An inspector shall have, for purposes of this act, all powers General powers which a constable has under this act or otherwise in the place where of inspectors. the inspector is acting.

(2.) An inspector may at any time enter any land, or dairy or cowshed to which this act applies, or milk-stores or milk-shop, or other building or place wherein he has reasonable grounds for supposing(a.) That disease exists or has within fifty-six days existed; or (b.) That the carcass of a diseased or suspected animal is or has been kept, or has been buried, destroyed, or otherwise disposed of; or

(c.) That there is to be found any pen, place, vehicle, or thing in respect whereof any person has on any occasion failed to comply with the provisions of this act, or of an order of council, or of a regulation of a local authority; or

(d.) That this act or an order of council or a regulation of a local authority has not been or is not being complied with.

(3.) An inspector may at any time enter any pen, vehicle, vessel, or boat in which or in respect whereof he has reasonable grounds for supposing that this act or an order of council or a regulation of a local authority has not been or is not being complied with.

(4.) An inspector entering, as in this section authorized, shall, if required by the owner, or occupier, or person in charge of the land, building, place, pen, vehicle, vessel, or boat, state in writing his reasons for entering.

(5.) A certificate of a veterinary inspector to the effect that an animal is or was affected with a disease specified in the certificate shall for the purposes of this act be conclusive evidence in all courts of justice of the matter certified.

(6.) An inspector of the privy council shall have all the powers of an inspector throughout England or that part thereof for which he is appointed.;

Power for de

52.-(1.) Where an inspector of the privy council is satisfied that this act or an order of council or a regulation of a local authority has not tention of vesbeen or is not being complied with on board a vessel in a port, then, on sels. the representation in writing to that effect of the inspector, stating particulars of non-compliance, the vessel may be detained until the privy council otherwise direct.

(2.) The officer detaining the vessel shall forthwith deliver to the master or person in charge of the vessel a copy of the representation. (3.) Section thirty-four of the merchant shipping act, 1876, shall apply in the case of such detention, as if it were affected under an act c. 80. in that section mentioned.

39 and 40 Vict.,

53. Where a carcass washed ashore is buried or destroyed under the Expenses of direction of a receiver of wreck, with authority from the board of trade, burial of carthe expenses thereof shall be expenses of the local authority, and shall cassses washed be paid by them to the receiver on demand, and in default of payment ashore.

shall be recoverable with costs from them by the receiver.

Power to ex

54. A person owning a heavy charge of animals in a place or area declared infected with any disease may affix, at or near the entrance to clude strangers a building or inclosure in which the animals are, a notice forbidding by notice. persons to enter therein without the permission mentioned in the notice; and thereupon it shall not be lawful for any person, not having by law a right of entry or way into, on, or over that building or inclosure, to enter or go into, on, or over the same without that permission.

55.-(1.) An action, prosecution, or proceeding against a local au- Provisions for thority, or an inspector, or officer of the privy council, or of a local protection of loauthority, or any person for any act done in pursuance or execution or cal authority and intended execution of this act, or of an order of council, or regulation persons acting of a local authority, or in respect of any alleged neglect or default in the execution of this act, or of such an order or regulation, shall not lie or

under act.

A. D. 1878.

No stamp duty or fees.

Evidence and

be instituted unless it is commenced within four months next after the act, neglect, or default complained of, or in case of a continuance of injury or damage, within four months next after the ceasing thereof.

(2.) In any such action tender of amends before the action was com menced may, in lieu of, or in addition to any other plea, be pleaded. If the action was commenced after such tender, or is proceeded with after payment into court of any money in satisfaction of the plaintiff's claim, and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs incurred after such tender or payment, and the defendant shall be entitled to costs, to be taxed as between solicitor and client, as from the time of such tender or payment; but this provision shall not affect costs on any injunction in the action.

(3.) Subject and without prejudice to any other powers, a local authority, where the defendant in any such action, prosecution, or other proceeding is their officer, servant, or agent, may, if they think fit, except so far as the court before whom such action, prosecution, or other proceeding is heard and determined otherwise directs, pay as part of their expenses in the execution of this act all or any part of any sums payable by such defendant in or in consequence of such action, prosecution. or proceeding, whether in respect of costs, charges, expenses, damages, fine, or otherwise.

56. No stamp duty shall be payable on, and no fee or other charge shall be demanded or made for, any appointment, certificate, declaration, license, or thing under this act, or an order of council, or a regulation of a local authority, or for any inspection or other act precedent to the granting, making, or doing of a certificate, declaration, license, or other thing.

57.-(1.) In any proceeding under this act, no proof shall be required form and service of the appointment or handwriting of an inspector or other officer of the privy council, or of the clerk or an inspector or other officer of a local authority.

of instruments.

Provisions re

(2.) Every notice or other instrument under this act or under an or der of council or regulation of a local authority may be in writing or print, or partly in writing and partly in print.

(3.) Any such notice or other instrument may be served on the person to be affected thereby, either by the delivery thereof to him personally, or by the leaving thereof for him at his last known place of abode or business, or by the sending thereof through the post in a registered letter addressed to him there.

(4.) A notice or other instrument so sent by post shall be deemed to have been served at the time when the letter containing it would be delivered in the ordinary course.

(5.) In order to prove service by letter of a notice or other instrument, it shall be sufficient to prove that the letter was properly addressed, registered, and posted, and contained the notice or other instrument to be served.

(6.) A notice or other instrument to be served on the occupier of any building, land, or place may, except when sent by post, be addressed to him by the designation of the occupier of that building, land, or place, without naming or further describing him; and where it is to be served on the several occupiers of several buildings, lands, or places. may, except when sent by post, be addressed to them collectively by the designation of the occupiers of those several buildings, lands, or places, without further naming or describing them, but separate copies thereof being served on them severally,

58.--(1.) The privy council may from time to time alter or revoke any specting orders order of council. of council.

(2.) Every order of council shall have effect as if it had been enacted by this act.

(3.) Every order of council shall be published in the London Gazette: save that where an order affects only a particular local authority, person, port, town, district, place, area, vessel, or thing, or is a license or revocation of a license, or in the nature thereof, or is an appointment or removal of an inspector or other officer, then the insertion in the London Gazette of a notice of the making of the order shall suthee; and a copy of the London Gazette containing such a notice shall be evidence of the order, as if the notice were the order.

(4.) Every order of council, license, or other instrument issued by the privy council shall be published by and at the expense of every local

authority to whom it is sent by the privy council for publication, in such manner as the privy council direct, and, subject to and in the absence of any direction. by advertisement in a newspaper circulating in the district of the local authority.

(5.) The validity or effect of an order of council, license, or other instrument issued by the privy council shall not be affected by want of or defect or irregularity in any publication thereof.

(6.) Any act of the privy council under this act, done otherwise than by order of council, shall be sufficiently done and signified by an instrument signed by the clerk of the council; and every act done and signified by an instrument purporting to be so signed shall be deemed to have been duly done by the privy council; and every such instrument shall be received in evidence in all courts and proceedings without proof of the authority or signature of the clerk of the council or other proof.

A. D. 1878.

houses of Parlia ment.

59. A return shall be made and laid before both houses of Parliament Yearly return not later than the thirty-first day of March in each year, setting forth to be laid before every order of council made since the date of the last return and every previous order of council required to be published in the London Gazette and in force; and stating the proceedings and expenditure under this act of the privy council, and, as far as reasonably may be, of local authorities, in the year ending the thirty-first day of December then last; and showing the number of foreign animals landed and found diseased in that year, specifying separately the different kinds of disease, and the ports of exportation and landing, and the mode of disposal of the animals; and containing such other information respecting the operation of this act as the privy council think fit.

Offenses and proceedings.

60. If any person is guilty of an offense against this act, he shall for Fines for of every such offense be liable

(i.) To a penalty not exceeding twenty pounds; or (ii.) If the offense is committed with respect to more than four animals, to a penalty not exceeding five pounds for each animal; or

(iii.) Where the offense is committed in relation to carcasses, fodder, litter, dung, or other thing (exclusive of animals), to a penalty not exceeding ten pounds in respect of every half ton in weight thereof after one half ton, in addition to the first penalty of not exceeding twenty pounds.

fenses.

61.-(1.) If any person, without lawful authority or excuse, proof General ofwhereof shall lie on him, does any of the following things, he shall be fenses. guilty of an offense against this act.

(i.) If he does anything in contravention of this act, or of an order

of council, or of a regulation of a local authority.

(ii.) If, where required by this act to keep an animal separate as far as practicable, or to give notice of disease with all practicable speed, he fails to do so.

(iii.) If he fails to give, produce, observe, or do any notice, license, rule, or thing which by this act, or by an order of council, or by a regulation of a local authority, he is required to give, produce, observe, or do.

(iv.) If he does anything which by this act or an order of council is made or declared to be not lawful.

(v.) If he does or omits anything, the doing or omission whereof is declared by this act or by an order of council to be an offense by him against this act.

(vi.) If he refuses to an inspector or other officer, acting in execution of this act, or of an order of council, or of a regulation of a local authority, admission to any land, building, place, vessel, pen, vehicle, or boat which the inspector or officer is entitled to enter or examine, or obstructs or impedes him in so entering or examining, or otherwise in any respect obstructs or impedes an inspector or constable or other officer in the execution of his duty, or assists in any such obstructing or impeding.

(vii.) If he throws or places, or causes or suffers to be thrown or placed, into or in any river, stream, canal, navigation, or other water, or into or in the sea within three miles of the shore, the carcass of an animal which has died of disease, or been slaughtered as diseased or suspected.

A. D. 1878.

(2.) And on a further conviction within a period of twelve months for a second or subsequent offense against the same subsection of this section, he shall be liable, in the discretion of the court of summary jurisdiction before which he is convicted, to be imprisoned for any term not exceeding one month, with or without hard labor, in lieu of the pecuniary penalty to which he is liable under this act.

Imprisonment instead of fine for use of expired li (i.) If, with intent to unlawfully evade this act, or an order of conncenses, digging up of carcasses, cil, or a regulation of a local authority, he does anything for which a and other speci. license is requisite under this act, or an order of council, or a regulation of a local authority, without having obtained a license.

62.-(1.) If any person does any of the following things, he shall be guilty of an offense against this act:

fied offenses.

(ii.) If, where such a license is requisite, having obtained a license, he, with the like intent, does the thing licensed after the license has expired.

(iii.) If he uses or offers or attempts to use as such a license an instrument not being a complete liceuse, or an instrument untruly purporting or appearing to be a license, unless he shows to the satisfaction of the court of summary jurisdiction before which he is charged that he did not know of that incompleteness or untruth, and that he could not with reasonable diligence have obtained knowledge thereof.

(iv.) If, with intent to unlawfully evade this act, or an order of council, or a regulation of a local authority, he alters, or falsely makes. or antedates, or counterfeits, or offers or utters, knowing the same to be altered, or falsely made, or antedated, or counterfeited, a license, declaration, certificate, or instrument made or issued, or purporting to be made or issued, under or for any purpose of this act, or an order of council, or a regulation of a local authority.

(v.) If, for the purpose of obtaining such a license, certificate, or instrument, he makes a declaration or statement false in any material particular, unless he shows to the satisfaction of the court of summary jurisdiction before which he is charged that he did not know of that falsity, and that he could not with reasonable diligence have obtained knowledge thereof.

(vi.) If he obtains or endeavors to obtain such a license, certificate, or instrument by means of a false pretense, unless he shows to the satisfaction of the court of summary jurisdiction before which he is charged that he did not know of that falsity, and that he could not with reasonable diligence have obtained knowledge thereof.

(vii.) If he grants or issues such a license, certificate, or instrument, being false in any date or other material particular, unless he shows to the satisfaction of the court of summary jurisdiction before which he is charged that he did not know of that falsity, and that he could not with reasonable diligence have obtained knowledge thereof, or grants or issues such a license, certificate, or instrument, having, and knowing that he has, no lawful authority to grant or issue the same.

(viii.) If, with intent to unlawfully evade or defeat this act, or an order of council, or a regulation of a local authority, he grants or issnes an instrument being in form a license, certificate, or instrument made or issued under this act, or an order of council, or a regulation of a local authority, for permitting or regulating the movement of a partienlar animal, or the doing of any other particular thing, but being issned in blank, that is to say, not being before the issue thereof so filled up as to specify any particular animal or thing.

(ix.) If he uses or offers or attempts to use for any purpose of this act, or of an order of council, or of a regulati n of a local authority, an instrument so issued in blank, unless he shows to the satisfaction of the court of summary jurisdiction before which he is charged that he did not know of it having been so issued in blank, and that he could not with reasonable diligence have obtained knowledge thereof.

(x.) If he by means of any fraud or false pretense obtains, or attempts to obtain, compensation from the privy council or a local authority in respect of an animal slaughtered, or aids or abets any person in any such fraud or false pretense.

(xi.) If, without lawful authority or excuse, proof whereof shall lie on him, he digs up, or causes to be dug up, a carcass buried under the direction of the privy council or of a local authority or of a receiver of wreck.

(xii.) If, where any order of council has prohibited, 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, he,