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Section.

Powers and duties of local authorities.

37. Local authorities to be treated as incorporated. 38. Committees of local authorities.

39. Provision of places for landing of foreign animals. 40. Power for local authority to acquire land.

41. Duties of local authorities, and enforcement thereof. 42. Inspectors and other officers of local authority.

43. Reports to privy council.

44. Orders and regulations of local authorities.

45. Powers of local authorities to be for their district.

A D. 1878.

Expenses of local authorities.

46. Expenses out of local rate.

47. Relief of boroughs from contribution to county expenses. 48. Outstanding rates.

Borrowing by local authorities.

49. Power for local authority to borrow.

Police.

50. Duties and authorities of constables.

General.

51. General powers of inspectors.

52. Power for detention of vessels.

53. Expenses of burial of carcasses washed ashore.

54. Power to exclude strangers by notice.

55. Provisions for protection of local authority and persons acting under act.

56. No stamp duty or fees.

57. Evidence and form and service of instruments.

58. Provisions respecting orders of council.

59. Yearly return to be laid before houses of Parliament.

Offenses and proceedings.

60. Fines for offenses.

61. General offenses.

62. Imprisonment instead of fine for use of expired licenses, digging up of carcasses, and other specified offenses.

63. Proceedings in court of summary jurisdiction.

64. Appeal.

65. Proceedings under customs acts for unlawful landing or shipping 66. General provision as to procedure.

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A. D. 1878,

Legal proceedings.

Section.

74. Recovery and application of penalties, and other matters.

PART IV.-IRELAND.

75. Application of Parts II and IV to Ireland.

76. Interpretation in Part IV.

Lord-lieutenant and privy council.

77. Powers of lord-lieutenant and privy council.
78. Communication of orders from and to Ireland.

Local authorities.

79. Constitution of local authorities; lands and borrowing.
80. Provisions respecting officers of local authorities.

Inspectors.

81. Qualifications and powers of inspectors.

Expenses of local authorities.

82. Expenses out of union funds.

General cattle diseases fund.

83. Constitution of fund.
84. Application of fund.

General.

85. Application of provisions respecting police.
86. Recovery of penalties and summary proceedings.
87. Publication and proof of orders in council.
88. Provision for expenses of veterinary department.

SCHEDULES.

The first schedule (enactments repealed).

The second schedule (local authorities in England).
The third schedule (pleuro-pneumonia).

The fourth schedule (foot-and-mouth disease).

The fifth schedule (foreign animals.)

The sixth schedule (committees of local authorities).
The seventh schedule (local authorities in Scotland).

A. D. 1878.

Short title.

Commencement

of act.

CHAPTER 74.-AN ACT for making better provision respecting contagious and in fectious diseases of cattle and other animals, and for other purposes (16 August 1878).

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Com mons, in this present Parliament assembled, and by the authority of the same, as follows:

PART I.-GENERAL.

1. This act may be cited as the contagious diseases (animals) act, 1878.

2.—(1.) This act shall, except as otherwise expressed, commence and have effect from and immediately after the thirtieth day of September, one thousand eight hundred and seventy-eight, which time is in this act referred to as the commencement of this act.

(2.) But on and after the passing of this act any order of council and order in council necessary or proper for bringing this act into operation at the commencement thereof, and any order or regulation of a local authority authorized by any such order of council or in council.

may be made so that the same do not take effect before the commencement of this act; and on and after the passing of this act any committee and any inspector or other officer may be appointed to act under this act as from the commencement thereof.

3. This act is divided into parts, as follows:

Part I.-General.

Part II.-England.
Part III.-Scotland.

Part IV.-Ireland.

4.-(1.) The enactments described in the first schedule are hereby repealed, subject to the qualifications and exceptions in this act mentioned.

not

A. D. 1878.

Division of act into parts.

with

(2.) The repeal of enactments or any other thing in this act shall (i.) Affect the past operation of any of those enactments, or any Repeal of enorder of council or in council or regulation of a local authority made, actments in or any license granted, or any committee or subcommittee constituted, schedule, or any appointment made, or any right, title, obligation, or liability provisions. accrued, or any money borrowed, or any market, wharf, lair, landing-A. D. 1878. place, or other accommodation provided, or any rate or mortgage made, or the validity or invalidity of anything done or suffered, under any of those enactments before the commencement of this act.

(ii.) Interfere with the institution or prosecution of any action or proceeding, civil or criminal, in respect of any offense committed against, or penalty or forfeiture incurred or liability accrued under or in consequence of, any of those enactments or any order or regulation made thereunder.

(iii.) Take away or abridge any protection or benefit given or to be enjoyed in relation thereto.

savings and other

(3.) Notwithstanding the repeal of enactments or any other thing in this act, every order of council and in council and other thing in this section mentioned shall continue and be as if this act had not been passed; but so that the same may be revoked, altered, or otherwise dealt with under this act, as if it had been made or done under this act. (4.) This act, instead of the contagious diseases (animals) act, 1869, shall be deemed to be referred to in the destructive insects act, 1877; c. 70. and penalties under the provisions of that act relating to Great Britain shall be recoverable in manner provided in parts II and III of this act. 5.-(1.) In this act

32 & 33 Vict.,

40 & 41 Vict., c. 68.

Interpretation and construc

(i.) "Cattle" means bulls, cows, oxen, heifers, and calves. (ii.) "Animals" means, except where it is otherwise expressed, cat- tion. tle, sheep, and goats and all other ruminating animals and swine.

(iii.) "Disease means cattle plague (that is to say, rinderpest, or the disease commonly called cattle plague), contagious pleuro-pneumonia of cattle (in this act called pleuro-pneumonia), foot-and-mouth disease, sheep-pox, or sheep-scab.

(iv.) "Diseased" means affected with disease.

(v.) "Suspected" means suspected of being diseased.

(vi.) "Carcass" means the carcass of an animal, and includes part of a carcass, and the meat, bones, hide, skin, hoofs, horns, offal, or other part of an animal, separately or otherwise, or any portion thereof. (vii.) "Fodder" means hay or other substance commonly used for food of animals.

(viii.) "Litter" means straw or other substance commonly used for bedding or otherwise for or about animals.

(ix.) "Foreign," applied to a country, denotes a country out of the United Kingdom of Great Britain and Ireland, and applied to animals and things, means brought to the United Kingdom of Great Britain and Ireland from a foreign country.

(x.) “Inspector of the privy council" or "inspector of a local authority” means a person appointed to be an inspector for purposes of this act, by the privy council or by a local authority, as the case may be; and "inspector," used alone, meaus such a person, by whichever authority appointed.

(xi.) "Veterinary inspector" means an inspector being a member of the Royal College of Veterinary Surgeons, or any veterinary practitioner qualified as approved by the privy council.

(xii.) "Treasury" means the commissioners of Her Majesty's treas

ury.

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5 and 6 W. 4, c. 76.

(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.

(xiv.) "The customs acts" means the customs consolidation act, 1:76, 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 period 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.-ENGLAND.

6. Part II applies to England.

7. In and for purposes of part II

(i.) "County" does not include a county of a city or a county of a town, but includes a riding or division or parts of a county having a separate commission of the peace.

(i.) 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 which it has the longest common boundary.

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(iv.) Metropolis" has the same meaning as in the metropolis management act, 1855.

(v.) "Borough" means

(a.) A place for the time being subject to the municipal corporation act, 1835; or

(b.) 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.

Privy council.

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

council.

Local authori

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.

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:

(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, or has within ten days existed, in a cow-shed, field, or other place, he shall forthwith make and sign a declaration thereof. (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 occupiers 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 forthwith 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 plague, 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.

A. D. 1878.

Declaration of infected place in cattle plague by inspector.

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 adjoining or near there- cattle plague. by to, to be a place infected with cattle plague.

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

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

14. The privy council may at any time, if they think fit, by order declare a place or area infected with cattle plague, or part thereof, to be free from cattle plague.

privy Council.

Declaration of infected area in cattle plague. Alteration of infected place or area in cattle plague.

Declaration of

freedom from cattle plague.

Slaughter by privy council in

15.-(1.) The privy council shall cause to be slaughtered(i.) All animals affected with cattle plague: (ii.) All animals being or having been in the same shed or stable, cattle plague, herd or flock or in contact with an animal affected with cattle plague. tion out of pub(2.) The privy conncil 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:

(1v.) 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

and compensa

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