Sivut kuvina
PDF
ePub

a

41 & 42 Viet. pneumonia of cattle (in this act called pleuro-pneumonia), foot-ande. it.

mouth disease, sheep-pox, or sheep-scab:

(iv.) • Diseased' means affected with disease :
"(v.) 'Suspected' means suspected of being diseased:

“(vi.) *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:

“(vü.) 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:

“(2.) 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, means 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 Treasury:

“(xii.) “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, 1876, and any enactment amended 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,

6

[ocr errors]

"(3.) In the computation of time for purposes of this Act, a 41 & 42 Vict. period reckoned by days from the happening of an event or the c. 74. 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. Extent of Part II.] Part II. applies to England.

7. Definition of County and other Districts.] 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:

"(ü.) The liberty of the isle of Ely and the soke of Peterborough are each a county:

“ (üi.) 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:

"(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

(6.) 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. “8. (1.) Powers of Privy Council.] In this act her Majesty's most honourable privy council is referred 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 doing of acts affecting only particular local authorities, persons, ports, towns, districts, places, areas, vessels, or things, and as regards the issuing and revocation of licences, 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,

41 & 42 Vict. c. 74.

[ocr errors]
[ocr errors]

Local Authorities. "9. Local Authorities described in Schedule.] For the purposes of this part, the respective districts, authorities, rates, and officers described in the second schedule, shall be the district, 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 the 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 :

“(i.) 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. Declaration of Infected Place in Cattle Plague by Inspector.] (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 that 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 inspectors serve 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 secondly-mentioned 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, and prescribe the limits of the place infected with cattle plague.

[ocr errors]

“(9.) If the privy council are not satisfied of the correctness of 41 & 42 Vict.

c. 74. 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.

“11. Declaration of Infected Place in Cattle Plague by Privy Council.] The privy council may at any time, if they think fit, on any evidence satisfactory to them, by order declare any cowshed, field, or other place, with or without any lands or buildings adjoining or near thereto, to be a place infected with cattle plague.

“12. Declaration of Infected Area in Cattle Plague.] 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. Alteration of Infected Place or Area in Cattle Plague.] 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. Declaration of Freedom from Cattle Plague.] 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.

“ 15. Slaughter by Privy Council in Cattle Plague, and Compensation out of Public Money.] (1.) The privy council shall cause to be slaughtered

“(i.) All animals affected with cattle plague :

“ (ü.) All animals being or having been in the same shed or stable, herd or flock, or in contact, with an animal affected with cattle plague.

(2.) The privy council may, if they think fit, in any case cause to be slaughtered

“(ii.) All animals suspected of cattle plague, or being in a place infected with cattle plague:

“(iv.) 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 in this last-mentioned case subject to such regulations as the treasury from time to time think fit to make).

"(3.) The privy council shall, for animals slaughtered under this section, pay compensation as follows, out of money provided by parliament:

“(a.) Where the animal slaughtered was affected with cattle plague, the compensation shall be one half of its value immediately before it became so affected, but so that the compensation do not in any such case exceed twenty pounds :

0.8.

VOL. II.

5 L

41 & 42 Vict. c. 74.

"(6.) In every other case the compensation shall be the value of the animal immediately before it was slaughtered, but so that the compensation do not in any case exceed forty pounds.

Pleuro-Pneumonia. “16. Declaration of infected place in Pleuro-Pneumonia by Local Authority.] (1.) Where it appers to an inspector of a local authority that pleuro-pneumonia exists, or has within fifty-six days existed, in a cow-shed, field or other place, he shall forth with make and sign a declaration thereof.

“ (2.) He shall serve a notice, signed by him, of the declara tion on the occupier of that cow-shed, field or other place.

“(3.) Thereupon that cow-shed, field, or other place shall become and be a place infected with pleuro-pneumonia, subject to the determination and declaration of the local authority.

“(4.) The inspector shall, with all practicable speed, inform the local authority of his declaration and notice, and shall send his declaration and a copy of his notice to the local authority.

“(5.) The local authority shall forth with on receipt of that information inquire into the correctness of the inspector's declaration, with the assistance and advice of a veterinary inspector, or of a person qualified according to this act to be such.

“ (6.) If the local authority are satisfied of the correctness of the inspector's declaration as regards the existence or past existence of disease, they shall by order determine and declare accordingly, and prescribe the limits of the place infected with pleuro-pneumonia, and may, if they think fit, include within those limits any lands or buildings adjoning or near to the cow-shed, field, or other place to which the inspector's declaration relates.

(7.) The local authority may include in a place infected with pleuro-pneumonia any adjoining part of the district of another local authority, with the previous consent in writing of that authority, but not otherwise.

“(8.) If the local authority are not satisfied of the correctness of the inspector's declaration as regards the existence or past existence of disease, they shall by order determine and declare accordingly; and thereupon, as from the time specified in that behalf in their order, the cow-shed, field, or other place to which the inspector's declaration relates shall cease to be a place infected with pleuro

pneumonia.

“(9.) The local authority shall forthwith report to the privy council the declaration of the inspector, and the proceedings of the local authority thereon, and shall state whether or not it is, in their opinion expedient that an infected area, comprising the infected place, shall be declared, and, if so, what should, in their opinion, be the limits of that area, and whether or not there is within that

« EdellinenJatka »