Sivut kuvina
PDF
ePub

FOR E.

Indorsement on Licence. The order of council under which this licence is issued, provides, in effect, as follows:

(a)! This licence shall not be available except when accompanied by the certificate or declaration on which it is granted.

(6) The person granting the licence shall, for the identification of the certificate or declaration produced to him, mark the certificate or declaration by signing his name thereon, with the date of its production to him.

(c) The person granting the licence shall deliver the certificate or declaration with the licence to the person receiving the licence from him.

Caution.--Persons acting without such a licence where such a licence is necessary, or acting thereon after the licence has expired, or counterfeit. ing, fabricating, or altering, or obtaining or endeavouring to obtain a licence by means of a false pretence, or granting or issuing a licence knowing the same to be false in any respect, or committing other offences with respect to licences are liable, under The Contagious Diseases (Animals) Act, 1878, to tine and imprisonment.

The number and description of animals inserted in the licence must be the same as the number and description in the certificate or declaration on which the licence is granted.

THE DAIRIES, COW-SHEDS, AND MILK-SHOPS ORDER

OF 1879. The lords and others of her Majesty's most honourable privy council, by virtue and in exercise of the powers in them vested under The Contagious Diseases (Animals) Act, 1878, and of every other power enabling them in this behalf, do order, and it is hereby ordered, as follows:

Preliminary. 1. This order may be cited as The Dairies, Cow-sheds, and Milk-shops Order of 1879.

2. This order shall take effect from and immediately after the making thereof.

3. This order extends to Great Britain only.
4. In this order--

The act of 1878 means The Contagious Diseases (Animals) Act, 1878.
Other terms have the same meaning as in the act of 1878.

Registration of Cou-keepers and Others. 5.-(1.) Every local authority shall, with all practicable speed after the making of this order, open, and shall thenceforth keep, a register for the registration with them under this order of all persons from time to time carrying on in their district the trade of cow-keepers, dairymen, or purveyors of milk, and shall, from time to time, revise and correct the register.

(2.) The local authority shall give public notice, by advertisement in a newspaper circulating in their district, and, if they think fit, by placards, handbills, or otherwise, of the time at which the register will be opened, and of the mode of registration.

(3.) After the expiration of the time prescribed in this behalf in the advertisement, not being more than two months, and not being less than fourteen days, from the publication of the advertisement, it shall not be lawful for any person to carry on in the district of the local authority the trade of a cow-keeper, dairyman, or purveyor of milk, unless he is registered as such under this order.

Dairies and Cow-sheds. 6. It shall not be lawful for any person following the trade of cor. keeper or dairyman to begin to occupy as a dairy or cow-shed any build.

ing not so occupied at the making of this order, unless and until he first makes provision, to the reasonable satisfaction of the local authority, for the lighting, ventilation, cleansing, drainage, and water-supply, of the same, while occupied as a dairy or cow-shed.

7. It shall not be lawful for any person following the trade of cowkeeper or dairyman to occupy as a dairy or cow-shed any building, whether so occupied at the making of this order, or not, if and as long as the lighting, ventilation, cleansing, drainage, and water-supply, thereof are not such as are necessary or proper

(a.) For the health and good condition of the cattle therein; and

10.) For the cleanliness of milk-vessels used therein for containing milk for sale ; and

(c.) For the protection of the milk therein against infection and contamination.

Cleansing. 8. A local authority may, from time to time, make regulations for prescribing and regulating the cleansing of dairies and cow-sheds in the occupation of persons following the trade of cow-keepers or dairymen, and the cleansing of milk-stores, milk-shops, and milk-vessels used for containing milk for sale by such persons.

Contamination of Milk.
9. If at any time disease exists among the cattle in a dairy or cow-
shed, or other building or place, the milk of a diseased cow therein-

(a.) Shall not be mixed with other milk; and
(6.) Shall not be sold or used for human food ; and

(e.) Shall not be sold or used for food of swine, or other animals, unless and until it has been boiled.

10. It shall not be lawful for any person following the trade of cowkeeper, or dairyman, or purveyor of milk, or being the occupier of a milk-store or milk-shop, to allow any person suffering from a dangerous infectious disorder, or having recently been in contact with a person so suffering, to milk cows, or to handle vessels used for containing milk for sale, or in any way to take part or assist in the conduct of the trade or business of the cow-keeper, dairyman, purveyor of milk, or occupier of the milk-store, or milk-shop, as far as regards the production, distribution, or storage of milk, until all danger therefrom of the communication of infection to the milk, or of its contamination, has ceased.

11. It shall not be lawful for a person following the trade of cowkeeper or dairyman or purveyor of milk, or being the occupier of a milk

a
store or milk-shop, to use a milk-store or milk-shop in his occupation,
or permit the same to be used, for any purpose incompatible with the
proper preservation of the cleanliness of the milk-store or milk-shop,
and of the milk-vessels and milk therein, or in any manner likely to
cause contamination of the milk therein.
At the Council Chamber, Osborne House,

C. L. PEEL.
Isle of Wight, the 4th day of February, 1879.

a

SHIPS' PASSENGERS.
I. Complaints by Passengers.
II. Procedure on Complaints.
III. Granting Passage Brokers' and Emigrant Runners' Licences.

I. Complaints by Passengers. The sections of the Passengers' Acts, 1855 and 1863, showing to 18 & 19 Vict. what ships and voyages they extend, are set forth in Note 428a, c. 119;.

26 & 27 Vict. Vol. I. p. 746.

c. 51.

18 & 19 Vict. c. 119.

Compensation if Passage not prorided according to Contract.) By 18 & 19 Vict. c. 119. s. 48, if any person by whom or on whose behalf any contract 175 has been made for a passage in any ship proceeding on any royage to which this act extends, is at the place of embarkation before six o'clock p.m. of the day of embarkation appointed in such contract, and, if required, paid the stipulated passage money, -and if from any cause whatever other than his own refusal, neglect or default, or the prohibition of an emigration officer (under sects. 45, 47, pp. 1669, 1670), or the requirements of any order in council, such passenger is not received on board before that hour,-or if from any such cause any passenger who is received on board shall not either obtain a passage in such ship to the port at which he may have contracted to land, or with the immediate members of his family included in such contract obtain a passage to the same port in some other equally eligible ship, to sail within ten days from the day of embarkation, and in the meantime be paid subsistence money from the time and at the rate mentioned in sect. 49, p. 1669], ---such passenger, or any emigration officer on his behalf, is entitled to recover either from the party to whom or on whose account the same was paid, or (in case such contract was inade with the owner, charterer or master of such ship, or with any person acting on their behalf or by their authority) from such owner, charterer or master or any of them, at the option of such passenger or emigration officer, all monies paid for such passage, and also such further sum, not exceeding £10 in respect of each such passage, as in the opinion of the justices adjudicating on the complaint, 176 is a reasonable compensation for the loss or inconvenience occasioned by the loss of such passage.

Breach or Non-performance of Stipulations, in Contract Ticket generally.] By 18 & 19 Vict, c. 119, s. 73, any question which may arise respecting the breach or non-performance of any of the stipulations in any such contract ticket 177 may at the option of any passenger or cabin passenger interested therein, be heard and deterinined in a summary way by the justices (see " II. Procedure on Complaints." p. 1671), and, if they find that a breach of contract has been committed, may award to the complainant such damages and costs as they think fit, not exceeding in any case the amount of the passage money specified in the contract ticket and £20;-and if such damages and costs be not at once paid, payment thereof is

Sect. 73.

175 This section apparently applies to any contract or agreement for å passage, whether that be in either of the forms provided for " contract tickets" (Schedules K and L) or not; and sect. 73, where heavier compensation is necessary on the breach of any stipulation in the statutory forms.

176 Vide Forms of Complaint, &c., Oke's "Formulist," 6th ed. p. 956.

177 See sect. 71 for requirements of act as to giving contract tickets to passengers.

[ocr errors]

thereupon to be enforced, in the same manner as subsistence money, 18 & 19 Vict. or return of passenger money may be enforced ;—provided that if c. 119. any passenger has obtained compensation or redress, under any of the other provisions of the act, he is not entitled to sue under this section for damages for the same matter or cause of complaint.

Subsistence in case of Detention.] By 18 & 19 Vict. c. 119, s. 49, Sect. 49, if any ship, whether a

passenger ship,” 178 or otherwise, shall not actually put to sea and proceed on her intended voyage before three o'clock p.m. of the day next after the day of embarkation, the owner, charterer or master of such ship, or his or their agent, or any of them, at the option of such passenger or emigration officer, is to pay to every passenger entitled to a passage (or if such passenger shall be lodged and maintained in any establishment under the superintendence of the emigration commissioners, then to the emigration officer at the port of embarkation) subsistence money after the rate of 18. 6d. for each statute adult in respect of each day of delay for the first ten days, and afterwards 3s. a day for each statute adult, until the final departure of such ship on such voyage,-to be recovered in manner hereinafter mentioned :-provided that if the passengers be maintained on board in the same manner as if the voyage had commenced, no such subsistence money shall be payable for the first two days next after embarkation; nor if they shall be maintained shall such subsistence money be payable, if the ship be unavoidably detained by wind or weather, or by any cause not attributable, in the opinion of the emigration officer, to the act or default of the owner, charterer or master.

Return of Passage Money in case of Passengers relanded on Account of Sickness.] The emigration officer at any port is authorized by 18 & 19 Vict. c. 119, s. 45, to order passengers to be relanded for the Sect. 45. purification of the ship by reason of sickness, &c. By sect. 46, any passenger so relanded, who is not re-embarked and finally sails in such ship, or any emigration officer on his behalf, is entitled to recover, by summary process, the whole of the monies paid for his passage, and that of the members of his family so relanded, from the party to whom the same has been paid, or from the owner, charterer or master of such ship, or any of them, at the option of such passenger or emigration officer. By 26 & 27 Vict. c. 51, s. 11, this section is to be “ applicable to cabin as well as to other passengers landed on account of sickness ;--and the passage of all cabin or other passengers so landed may be recovered in the manner pointed out in the said act, upon the delivery up of their contract tickets, and notwithstanding that the ship may not have sailed :-provided always, that in the case of cabin passengers so landed, one-half only of their passage money shall be recoverable.”

178 Definition see Note 428 a, Vol. I. pp. 746—748.

[ocr errors]

8.

18 & 19 Vict. Subsistence Money in case of Passengers relanded on Account of c. 119, s. 47. Sickness.] By 18 & 19 Vict. c. 119, s. 47, the master of any “pas

senger ship," from which the whole or any part of the passengers shall be relanded on account of any of the reasons mentioned in sect. 45, is to pay to each passenger so relanded (or if he shall be lodged and maintained in any hulk or establishment under the superintendence of the emigration commissioners, then to the emigration officer at the port) subsistence money at the rate of 13. 6d. a day for each statute adult until he shall be re-embarked or decline or neglect to proceed, until his passage money, if recoverable under

the 46th section of this act, is returned to him. 26 & 27 Vict. Return of Passage Money and Subsistence in case of Ireck of c. 51, s. 14.

Damage to Ship.] By 26 & 27 Vict. c. 51, s. 14 (which is a substituted enactment for sect. 51 in the Act of 1855), “if any passenger ship shall be wrecked or otherwise rendered unfit to proceed on her intended voyage, while in any port of the United Kingdom,—or after the commencement of the voyage, and if the passengers, or any of them, shall be brought back to the U. K.,-or if any passenger ship shall put into any port or place in the U. K. in a damaged state, the master, charterer or owner shall, within forty-eight hours thereafter, give to the nearest emigration officer, or in the absence of such officer to the chief officer of customs, a written undertaking to the following effect;—that is to say, if the ship shall have been wrecked, or rendered unfit as aforesaid to proceed on her voyage, that the owner, charterer or master thereof shall embark and convey the passengers in some other eligible ship, to sail within six weeks from the date thereof, to the port or place for which their passages respectively had been previously taken; and if the ship shall have put into port in a damaged state, then that she shall be made seaworthy and fit in all respects for her intended voyage, and shall, within sis weeks from the date of such undertaking, sail again with her passengers ;-in either of the above cases the owner, charterer or master shall, until the passengers proceed on their voyage, either lodge and maintain them on board in the same manner as if they were at sea, or pay to them subsistence money after the rate of 1s. 6d. a day for each statute adult, unless the passengers shall be maintained in any hulk or establishment under the superintendence of the emigration commissioners mentioned in the said Passengers' Act, 1855, in which case the subsistence money shall be paid to the emigration officer at such port or place. If the substituted ship or damaged ship, as the case may be, shall not sail within the time prescribed as aforesaid, or if default shall be made in any of the requirements of this section, such passengers respectively or any emigration officer on their behalf, shall be entitled to recover, by summary process, as in the said Passengers' Act, 1855, is mentioned, all monies which shall have been paid by or on account of such pas

« EdellinenJatka »