without lawful authority or excuse, proof whereof shall lie on him, does anything so prohibited.

(2.) And in every case in this section specified he shall be liable, on conviction, in the discretion of the court of summary jurisdiction before which he is convicted, to be imprisoned for any term not exceeding two months, with or without hard labor, in lieu of the pecuniary penalty to which he is liable under this act.

A. D. 1878.

court

of

Proceedings in jurisdic

mary

tion.

63. Proceedings and penalties for offenses against this act may be taken and recovered, and expenses and other money by this act or an order of council made recoverable summarily may be recovered with costs, and summary orders under this act or an order of council may be made with costs, by or before a court of summary jurisdiction, under and according to the act of the session of the eleventh and twelfth years of Her Majesty's reign (chapter forty-three), "to facilitate the performance of the duties of justices of the peace out of sessions 43. within England and Wales with respect to summary convictions and orders," and any act amending the same; but nothing in this section shall apply to proceedings under the customs acts.

sum

11 & 12 Vict, c.

64.-(1.) If any person thinks himself aggrieved by the dismissal of Appeal. a complaint by, or by any determination or adjudication of, a court of summary jurisdiction under this act, he may appeal therefrom.

(2.) The appeal shall be made to the next practicable court of general or quarter sessions for the county or place in which the cause of appeal arises, holden not less than twenty-one days after the decision appealed from.

(3.) The appellant shall, within ten days after the decision, give notice to the clerk of the court whose decision is appealed from of his intention to appeal, and of the grounds thereof, and to the other party. (4.) The appellant shall, within three days after such notice, enter into a recognizance before a justice, with two sufficient sureties, conditionen personally to try the appeal.

(5.) The court may adjourn the appeal, and may make such order thereon as the court thinks fit.

(6.) Nothing in this section shall affect any enactment relative to appeals in cases of summary convictions or adjudications in the city of London or the metropolitan police district, or apply to proceedings under the customs acts.

customs acts for unlawful

65.-(1.) If any person lands or ships or attempts to land or ship an Proceedings animal or thing in contravention of this act or of an order of council, under he shall be liable, under and according to the customs acts, to the pen- landing or shipalties imposed on persons importing or exporting or attempting to im- ping. port or export goods, the importation or exportation whereof is prohibited by or under the customs acts, without prejudice to any proceeding against bim under this act for an offense against this act, but so that he be not punished twice for the same offense.

(2.) The animal or thing in respect whereof the offense is committed shall be forfeited, under and according to the customs acts, as goods the importation or exportation whereof is prohibited by or under the customs acts are liable to be forfeited.

66.—(1). The description of an offense against this act in the words General proof this act, or of the order of council or regulation of a local authority vision as to pro cedure. under which the offense arises, or in similar words, shall be sufficient in law.

(2.) Any exception, exemption, excuse, or qualification, whether it does or not accompany the description of the offense in this act, or in the order of council or regulation of a local authority under which the offense arises, may be proved by the defendant, but need not be specified or negatived in the information; and, if it is so specified or negatived, proof in relation to the matter so specified or negatived shall not be required on the part of the informant.

(3.) A warrant of commitment under this act shall not be held void by reason of any defect therein, if only there is a valid conviction to sustain the warrant, and it is alleged in the warrant that the person named therein has been convicted.

(4.) Where the owner or person in charge of an animal is charged with an offense against this act relative to disease or to any illness of the animal, he shall be presumed to have known of the existence of the disease or illness, unless and until he shows to the satisfaction of the court of summary jurisdiction before which he is charged that he had

A. D. 1878.

Application of Parts II and III to Scotland.

not knowledge thereof, and could not with reasonable diligence have obtained that knowledge.

(5.) Where a person is charged with an offense against this act in not having duly cleansed or disinfected any place, vessel, vehicle, or thing belonging to him or under his charge, and a presumption against him on the part of the prosecution is raised, it shall lie on him to prove the due cleansing and disinfecting thereof.

(6.) A person charged with an offense against this act may, if he thinks fit, tender himself to be examined on his own behalf, and thereupon he may give evidence in the same manner and with the like effect and consequences as any other witness.

(7.) Every offense against this act shall be deemed to have been committed, and every cause of complaint or matter for summary proceeding under this act, or an order of council, or regulation of a local authority shall be deemed to have arisen, either in any place where the same actually was committed or arose, or in any place where the person charged or complained of or proceeded against happens to be at the time of the institution or commencement of the charge, complaint, or proceeding.

(8.) Notwithstanding anything in any act relating to the metropolitan police or to municipal corporations or in any other act, such part not exceeding one-half of every penalty or forfeiture recovered under this act (except in proceedings under the customs acts) as the court of summary jurisdiction before which it is recovered thinks fit, shall be paid to the person who proceeds for the same, and the residue thereof shall be applied as if this section had not been enacted.

PART III.-SCOTLAND.

67.—(1.) Part III applies to Scotland only.

(2.) Part II shall also, by virtue of this section, extend to Scotland, subject to Part III, which shall have effect in substitution for Part II, when so expressed or implied, and otherwise shall have effect in addition to Part II.

Local authorities.

Local authori- 68. For the purposes of this part the respective districts, authorities, ties in schedule. rates, and officers described in the seventh schedule shall be the district, the local authority, the local rate, and the clerk of the local authority.

Appointment 69.-(1.) The commissioners of supply in every county shall meet and of local authority nominate not fewer than four or more than fifteen of their number to in counties. act on the county board for the purposes of this act, and shall intimate to the lord-lieutenant of the county and the convener of the county the number and names of the persons so appointed.

(2.) The clerk of supply in each county shall call a meeting of the occupiers of agricultural subjects in the county valued in the valuation roll in force for the time at one hundred pounds and upwards, and of occupiers of such subjects of which they are owners valued in the valnation roll at fifty pounds and under one hundred pounds. The meeting shall be called by advertisement in one or more newspapers circulating in the county for the same day as, or for a day not later than eight days after, the meeting of the commissioners of supply. The advertisement shall specify the time and place of such meeting, and the clerk of supply shall be clerk to such meeting. The meeting shall nominate from among such occupiers, and owners and occupiers, a number of persons equal to those nominated by the commissioners of supply, and the meeting shall also name a convener, who shall intimate the names of the persons so nominated to the convener of the county, and shall have power to call similar meetings by such advertisement when occasion shall require. In the event of such election not being intimated to the convener of the county within fifteen days from the date of such meeting, it shall be lawful to the lord-lieutenant to nominate from among such occupiers, or owners and occupiers, such number of persons, and intimate the same to the convener of the county.

(3.) Any such nomination and intimation made for the purposes of the contagious diseases (animals) act, 1869, shall continue to have effect for the purposes of this act.

(4.) A local authority may, if they think fit, determine that a certain

number of their members, not exceeding one-third thereof, shall retire periodically, at intervals of not less than three years, the members so retiring being re-eligible; and the local authority may lay down such rules as they think fit to regulate the time and manner of such retire

ment.

(5.) Vacancies from time to time happening by retirement, death, resignation, or otherwise among the members of the local authority shall be filled up by the authority and in the manner by and in which the members vacating office were respectively nominated.

(6.) The persons nominated as in this section provided, and the lordlieutenant of the county, the convener of the county, and the sheriff of the county (or in his absence such one of his substitutes as he directs by writing under his hand) for the time being shall constitute the local authority.

(7.) As far as not otherwise provided by this act, such local authority shall have all the powers conferred on the local authority by this act, and shall have power to elect a chairman, specify a quorum, and make all regulations necessary for carrying the purposes of this act into effect.

(8.) The chairman of the local authority, and in default of him the convener of the county, and in default of him any three members of the local authority, may at any time call a meeting of the local authority, to be held at such time and place as he or they may fix, and the local authority may adjourn as they from time to time think fit.

A. D. 1878.

re

70.--(1.) The local authority in a county shall from time to time give Levy and notice to the commissioners of supply of the sums necessary to be pro- covery of assess vided under the provisions of this act by means of the local rate; and ments. the amount so intimated shall be assessed and collected by the commissioners of supply according to the real rent of lands and heritages as appearing on the valuation roll in force for the year, and shall be paid over to the local authority.

(2.) The local authority in a burgh shall in like manner assess and collect the amount required to be raised by local rate within such burgh. (3.) All such assessments shall be payable one-half by the proprietor and one-half by the tenant, but may be collected wholly from the tenant, who shall in that case be entitled to deduct one-half thereof from the rent payable by him to the proprietor, or wholly from the proprietor, who shall in that case be entitled to relief against the tenant for one-half of the assessment.

20 & 21 Vict.,

(4.) All the provisions in regard to the recovery of assessments in the act of the session of the twentieth and twenty-first years of Her Maj- c. 72. esty (chapter seventy-two), "to render more effectual the police in counties and burghs in Scotland," are hereby incorporated in this part as far as the same are not inconsistent with the provisions of this part.

Land.

71. The provisions of Part II relating to the purchase of land shall have effect as if section ninety of the public health (Scotland) act, 1867, were thereby applied, instead of section one hundred and seventy-six of the public health act, 1875; and in the said section ninety the local authority and local rate under this part shall be substituted for the local authority and the assessment therein mentioned.

Borrowing.

72. The provisions of Part II relating to borrowing by local authorities shall, as regards Scotland, be modified as follows:

(i.) Those provisions shall have reference to the amount only of the local rate, and not to the proportions thereof.

(ii.) One of Her Majesty's principal secretaries of state shall be substituted for the local government board.

38 & 39 Vict.,

10 & 11 Vict.,

c. 16.

(iii.) Borrowing by a local authority shall not be subject to the provisions of the local loans act, 1875; and in lieu thereof the provisions c. 83. of the commissioners clauses act, 1847, with respect to the mortgages to be executed by the commissioners, shall, for the purposes of that borrowing, be incorporated with this act, the local authority being deemed to be the commissioners; and any mortgagee or assignee may enforce payment of his principal and interest by appointment of a judicial factor.

A. D. 1878.

Powers and

Inspectors.

73.-(1.) An inspector of the privy council shall have all the powers qualifications of of an inspector throughout Scotland or that part thereof for which he inspectors. is appointed.

(2.) Any person may be appointed and be a veterinary inspector in Scotland who holds the veterinary certificate of the Highland and Agricultural Society of Scotland.

Legal proceedings.

Recovery and 74. (1.) Penalties for offenses against this act, other than penalties application of recoverable under the customs acts, and expenses by this act or an order penalties, and of council directed to be recovered summarily, and summary orders under this act or an order of council, may, with expenses, be recovered 27 & 28 Vict., before, and be made by, two justices under the summary procedure act, 1864, and any act amending the same.

other matters.

c. 53.

27 & 28 Vict., c. 53.

20 Geo. 2, c. 43.

Application of

(2.) The terms "justice" and "justices" include any magistrate having jurisdiction under the summary procedure act, 1864.

(3.) In the event of any person refusing or delaying to comply with the order of a local authority, the local authority may give information thereof to the procurator-fiscal of the county or burgh, who may apply to the sheriff for a warrant to carry such order into effect, and such warrant may be executed by the officers of court in common form.

(4.) All judicial powers given to justices and quarter sessions or to magistrates in boroughs by this act may also be exercised by the sheriff or sheriff-substitute of the county.

(5.) An appeal against a conviction under this act shall be to the court of justiciary at the next circuit court, or, where there are no cir cuit courts, to the high court of justiciary at Edinburgh, and not otherwise; and such appeal may be made in the manner and under the rules, limitations, and conditions contained in the act of the twentieth year of the reign of King George the Second, chapter forty-three, "for taking away and abolishing heritable jurisdiction in Scotland," or as near thereto as circumstances admit; with this variation, that the appellant shall find caution to pay any additional expenses awarded by the court dismissing the appeal.

(6.) Notwithstanding anything in this or any other act, the part of every penalty or forfeiture recovered under this act, except in proceedings under the customs acts, which is not in this act directed to be paid to the person who sues or proceeds for the same, shall be paid as follows: (a.) To the Queen's and lord treasurer's remembrancer, on behalf of Her Majesty, when the court is the sheriff court.

(b.) To the collector of county rates, in aid of the county general assessment, when the court is the justice of the peace court.

(c.) To the treasurer of the burgh, in aid of the funds of the burgh, when the court is a burgh court.

(d.) To the treasurer of the board of police, or commissioners of police, in aid of the police funds, when the court is a police court.

(7.) "Plaintiff" means pursuer, and "defendant" means defender. (8.) The provisions in Part II relating to tender and payment inte court do not apply to Sectland.

PART IV.-IRELAND.

75.-(1.) Part IV applies to Ireland.

(2.) Part II shall also, by virtue of this section, extend to Ireland, Parts II and IV subject to Part IV which shall have effect in substitution for Part II, when so expressed or implied, and otherwise shall have effect in addition to Part II.

to Ireland.

Interpretation in Part IV.

76. In Part IV

(i.) "Lord lieutenant" means the lord lieutenant or other chief gov ernor or governors of Ireland for the time being.

(ii.) "Chief secretary" means the chief secretary for the time being to the lord lieutenant; and any power under this part vested in the chief secretary, except as privy councillor, may in his absence be exercised by the under secretary for the time being to the lord lieutenant. (iii.) "Net annual value of property" means the net annual value of property rateable to the relief of the poor according to the valuation in force for the time being.

(iv.) "Union funds" means any money in the hands of the treasurer of a poor law union to the credit of the guardians of the union, and if at any time the assests in the treasurer's hands are not sufficient for any purpose of this part, then union funds shall be taken to include the moneys next received by the treasurer and placed to the credit of the guardians.

Lord lieutenant and privy council.

A. D. 1878.

Powers of lord

77.-(1.) The powers by Part II conferred on the privy council shall be vested in the lord lieutenant acting by the advice of Her Majesty's lieutenant and privy council in Ireland, in this act referred to as the lord lieutenant privy council. and privy council.

(2.) The powers exerciseable under Part II by the lord president of the council, or one of Her Majesty's principal secretaries of state, may, in Ireland, be exercised by the lord lieutenant, or by the chief secretary as a privy councillor.

(3.) An order of the lord lieutenant and privy council under this part is referred to therein as an order in council.

(4.) Subject to the provisions of this part, the provisions of Part II relating to the privy council, and to orders of council, shall apply to the lord lieutenant and privy council, and to orders in council.

78. In order to secure uniformity of action, every order in council and Communication every order of council made under this act shall, with all practicable of orders from speed, be communicated to the privy council, or to the lord lieutenant and to Ireland. and privy council, as the case may be.

Local authorities.

79.—(1.) The local authorities shall be the boards of guardians of, Constitution of the several poor law unions.

local authorities; lands and bor rowing.

(2.) The provisions of Part II, relating to the purchase of land by local authorities, shall have effect as if instead of section one hundred and seventy-six of the public health act, 1875, there were thereby applied section two hundred and three of the public health (Ireland) act, 1878; and as if the local authority were a rural sanitary authority, and 55. purposes of this act were purposes for which a rural sanitary authority 41 &4 2Vict., c. may acquire land.

52.

(3.) The provisions of Part II, relating to borrowing by local authorities, shall have effect as if sections two hundred and thirty-seven to two hundred and forty-six, both inclusive, of the public health (Ireland) act, 1878, were thereby applied instead of the local loans act, 1875, and as if the local authority were a rural'sanitary authority, and purposes of this act were purposes for which a rural sanitary authority may borrow, and as if the commissioners of public works in Ireland were substituted 83. for the public works loan commissioners.

52.

38 & 39 Vict., c.

41 &42 Vict., c.

38 & 39 Vict. c.

ties.

80. The lord lieutenant and privy council may from time to time Provisions remake such orders in council as to them seem fitspecting officers (i.) For defining the numbers, qualifications, and powers of inspect- of local authori ors and valuers, and other officers of local authorities, and the terms and conditions of their appointment, and regulating their duties. (ii.) For fixing the periods for which they shall be appointed, and their renumeration and allowances.

Inspectors.

Qualifications

81.-(1.) The provisions of Part II, requiring local authorities to keep appointed veterinary inspectors, shall not extend to Ireland; and the and powers of inpowers and duties by Part II conferred and imposed on a veterinary in- spectors. spector shall in Ireland be vested in and discharged by an inspector; but where a person appointed to be an inspector in Ireland has the qualification of a veterinary inspector under this act, he may be styled a veterinary inspector.

(2.) The lord lieutenant and privy council may from time to time make such orders in council as to them seem fit for uniting two or more poor law unions into a district for the purposes of inspection, and for authorizing or directing the local authorities of those unions to appoint and keep appointed a veterinary inspector for the united district, and for regulating the mode of appointing such inspector, and the amount of his renumeration, and the mode in which the several unions