under the Customs Acts) as the court 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.

MISCELLANEOUS.

58. Local authority and local rate in Hove.-Notwithstanding anything in this Act the Hove Improvement Act Commissioners shall be the local authority for the Improvement Act District of Hove, and the local rate for that district shall be the rate applicable by the Commissioners to the maintenance of the police, and this Act shall apply to that district as if it were a borough, and as if the said Commissioners were the council of the borough.

59. Interpretation and construction.-(1.) In this Act, unless the context otherwise requires, the following terms have the meanings hereinafter respectively assigned to them, that is to say

the expression "cattle means bulls, cows, oxen, heifers, and calves;

the expression "animals" means, except where it is otherwise expressed, cattle, sheep, and goats, and all other ruminating animals, and swine;

the expression "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, sheeppox, sheep-scab, or swine-fever (that is to say, the disease known as typhoid fever of swine, soldier purples, red disease, hog cholera, or swine plague); the expression "disease means affected with disease;

the expression "suspected" means suspected of being diseased;

the expression carcase means the carcase of an animal, and includes part of a carcase, and the meat, bones, hide, skin, hoofs, horns, offal, or other part of an animal, separately or otherwise, or any portion thereof;

the expression "fodder means hay or other substance commonly used for food of animals;

the expression "litter" means straw or other substance commonly used for bedding or otherwise for or about animals;

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the expression "foreign" applied to animals and things, means brought to the United Kingdom from a country out of the United Kingdom; the expression "inspector of the Board of Agriculture" or inspector of a local authority" means a person appointed to be an inspector for purposes of this Act by the Privy Council or the Board of Agriculture, or by a local authority, as the case may be; and the expression "inspector" used alone, means such a person, by whichever authority appointed;

the expression "veterinary inspector" means an inspector being a member of the Royal College of Veterinary Surgeons, or any veterinary practitioner qualified as approved by the Board of Agriculture;

the expressions "police area" and "police force" with respect to the City of London mean the said city and the police thereof, and with respect to any other place have the same meaning as in the Police Act, 1890;

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the expression district," when used with reference to a local authority, means the area for which the local authority exercises powers under this Act;

the expression "the Customs Acts" means the Customs Consolidation Act, 1876, and any enactment amended or substituted for that Act;

the expression "justice" means justice of the peace;

the expression "railway company " includes a company or person working railway under lease or otherwise;

the expression "order of Council" means an order of the Privy Council under the Contagious Diseases (Animals) Acts, 1875 to 1886;

the expression "order of the Board of Agriculture" means an order made by the Board of Agriculture under this Act or under any enactment by this Act repealed;

(2.) 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.

SPECIAL PROVISIONS AS TO SCOTLAND.

60. Local authority and local rate in Scotland.—In the application of this Act to Scotland

(1.) The local authority and the local rate shall respectively be

(a) for each burgh not being a burgh to which section fourteen of the Local Government (Scotland) Act, 1889, applies, the magistrates and town council, and a rate to be levied equally upon owners and occupiers within the burgh; and

(b) for each county and any burgh to which section fourteen of the Local Government (Scotland) Act, 1889, applies, and any royal burgh which does not return or contribute to return a member to Parliament, the county council, and a rate within the county to be levied equally upon owners and occupiers as an item of the consolidated county rates, and within such burghs and royal burghs to be ascertained, fixed, and paid, to the county council as provided by the Local Government (Scotland) Act, 1889. (2.) The expression "county means a county as defined by the Local Government (Scotland) Act, 1889;

(3.) The expression "burgh means a burgh which returns or contributes to return a member to Parliament;

(4.) The expressions "police area and "police force" have the same meaning as in the Police (Scotland) Act, 1890;

(5.) "Value according to the valuation roll" shall be substituted for "rateable value";

(6.) With respect to the delegation of powers by a county council section seventythree of the Local Government (Scotland) Act, 1889, shall be substituted for section twenty-eight of the Local Government Act, 1888; and

(7.) All deeds made or granted by a local authority under this Act shall, in addition to being sealed, be signed by two members of the local authority and by the clerk of the local authority.

61. Purchase of land in Scotland. The provisions of this Act relating to the purchase of land shall have effect with respect to Scotland 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 Act shall be substituted for the local authority and the assessment therein mentioned.

62. Provisions as to borrowing by local authority in Scotland.-The provisions of this Act 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 proportion thereof;

(ii) the Secretary for Scotland shall be substituted for the Local Government Board; and

(iii) borrowing by a local authority shall not be subject to the provisions of the Local Loans Act, 1875; and in lieu thereof, as regards borrowing by local authorities of counties, the provisions of the Local Government (Scotland)

Act, 1889, shall apply, and as regards borrowing by local authorities of burghs the provisions of the Commissioners Clauses Act, 1847, with respect to the mortgages to be executed by the Commissioners, shall be deemed to have been 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.

63. Powers and qualifications of inspectors in Scotland.-(1.) An inspector of the Board of Agriculture shall have all the powers of an inspector throughout Scotland or that part thereof for which he 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.

64. Legal proceedings in Scotland.-For the purposes of the application of this Act to Scotland

(1.) Any offence against this Act may be prosecuted, and any fine in respect thereof may be recovered, and any money by this Act or an order of the Board of Agriculture made recoverable summarily may be recovered, and any summary order under this Act or an order of the Board may be made in manner provided by the Summary Jurisdiction (Scotland) Acts; (2.) 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;

(3.) The section of this Act relating to appeals to quarter sessions shall not apply; (4.) Notwithstanding anything in this or any other Act, the part of every fine or forfeiture recovered under this Act, 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 the county, in aid of the county general assessment portion of the consolidated rates of the county, 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: and

(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;

(5.) Nothing in this section shall apply to proceedings under the Customs Acts.

SPECIAL PROVISIONS AS TO IRELAND.-Sections 65 to 77 inclusive.

SUPPLEMENTAL.

78. Repeal of enactments in schedule.-(1.) The Acts specified in the Fifth Schedule to this Act are hereby repealed to the extent specified in the third column to that schedule.

(2.) Notwithstanding such repeal, every order of Council and in Council, and every order of the Board of Agriculture, or regulation of a local authority made, and every licence granted, and every committee or sub-committee constituted, and every inspector appointed, under any of the enactments repealed, shall continue and be as if this Act had not been passed; but so that the same may be revoked, altered, cancelled, or otherwise dealt with under this Act, as if it had been made, done, or granted under this Act.

79. Short title. This Act may be cited as the Diseases of Animals Act, 1894.

SCHEDULES.

THE FIRST SCHEDULE.
PART I.

Pleuro-pneumonia.

1. Cattle shall not be moved into or out of a place infected with pleuro-pncumonia, except where, as regards movement into such a place, the cattle are affected with pleuropneumonia, and except in such other cases as the Board of Agriculture think fit by order to except.

2. In the cases so excepted by order cattle may be moved into or out of an infected place

on conditions prescribed by order of the Board, and not otherwise.

3. Cattle may be moved into, within, or out of such parts of an area infected with pleuropneumonia as are not comprised in a place infected with pleuro-pneumonia, by licence of the local authority, granted on conditions prescribed by order of the Board, and not otherwise.

PART II.

Foot and Mouth Disease.

1. Animals shall not be moved into or out of a place infected with foot and mouth disease except where, as regards movement into such a place, the animals are affected with foot and mouth disease, and except in such other cases as the Board of Agriculture think fit by order to except.

2. In the cases so excepted by order animals may be moved into or out of an infected place on conditions prescribed by order of the Board and not otherwise.

3. Animals may be moved into, within, or out of such parts of an area infected with foot and mouth disease as are not comprised in a place infected with foot and mouth disease, by licence of the local authority, granted on conditions prescribed by order of the Board, and not otherwise.

THE SECOND SCHEDULE.* REGULATIONS AS TO CATTLE PLEUROPNEUMONIA ACCOUNTS.

1. Notwithstanding anything in this Act the moneys provided by Parliament towards defraying the cost of the execution of the provisions of this Act relating to the slaughter by the Board of Agriculture or the Lord Lieutenant and Privy Council of cattle, animals, or swine, on account of pleuro-pneumonia, foot and mouth disease, or swine fever, may be apportioned between Great Britain and Ireland in such manner as the Treasury in communication with the Board and the Lord Lieutenant may direct.

2. At the end of every financial year, accounts of the receipts and expenditure of the Cattle Pleuro-pneumonia Account for

Great Britain and the Cattle Pleuro-pneumonia
Account for Ireland shall be made up in such
form and with such particulars as may be
directed by the Treasury, and such accounts
shall be audited by the Comptroller and
Auditor-General as public accounts in accord-
ance with such regulations as the Treasury
together with his report thereon.
may make, and shall be laid before Parliament,

3. If at the end of any financial year the Treasury, after communication with the Board of Agriculture, or the Lord Lieutenant and Privy Council, as the case may be, are satisfied that the balance standing to the credit of either of the said Cattle Pleuro-pneumonia Accounts, or any part of such balance, will not be required for the purposes of this Act, they may

(a.) in the case of the Cattle Plenro-pneu. monia Account for Great Britain direct such balance or part to be paid in the proportions provided by this Schedule into the Local Taxation Account and the Local Taxation (Scotland) Account, in repayment of any sums which have been paid to the Cattle Pleuro - pneumonia Account out of the said Local Taxation Accounts; and

(b.) in the case of the Cattle Pleuro-pneumonia Account for Ireland, direct such balance or part to be paid into the general account of the General Cattle Diseases Fund in repayment of any sums which have been paid out of the said general account for any of the purposes to which the Cattle Pleuro-pneumonia Account is by this Act applicable;

and in either case the Treasury may direct any balance or part which may not be required for such repayment to be paid into the Exchequer.

4. The proportions in which any sum is to be paid out of or into the Local Taxation Account and the Local Taxation (Scotland) Account under this Act shall be eighty-eight per centum of such sum out of or into the Local Taxation Account, and twelve per centum out of or into the Local Taxation (Scotland) Account.

5. All money paid under this Act out of or into the Local Taxation Account shall in account be charged against or credited to the proceeds of the probate duty.

6. All moneys paid under this Act out of or into the Local Taxation (Scotland) Account shall in account be charged against or credited to the residue of the Scotch share of the local taxation (customs and excise) duties in manner provided by section two of the Local Taxation (Customs and Excise) Act, 1890.

7. Payments out of or into the said Cattle Pleuro-pneumonia Accounts, and all other matters relating to the accounts and to the moneys standing to the credit of the accounts shall be made and regulated in such manner as the Treasury direct.

• Amended by § 2 of Local Taxation Account (Scotland) Act, 1898.