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Power to pro

Contagious Diseases (Animals).

contagious or infectious disease, specifying the disease and the ports from which and to which such animals are brought, and the mode in which such animals have been disposed of.

23. A local authority may provide, erect, and fit up wharves, vide lairs, &c. lairs, sheds, markets, houses, and places for the landing, reception, sale, and slaughter of foreign animals.

Incorporation

of Markets,

&c. Clauses Act, 1847.

Charges for

use of lairs, &c.

Power to give charges, &c. as security.

Separate account and application of money received.

Special provisions respect

24. There shall be incorporated with this part of this Act The Markets and Fairs Clauses Act, 1847; and for the purposes of the application and construction of that Act in conjunction with this part of this Act any place provided by a local authority under this part of this Act for the landing, reception, sale, or slaughter of foreign animals shall be deemed a market, and this part of this Act shall be deemed the special Act, and the prescribed limits shall be deemed to be the limits of the lands acquired for the purposes of this part of this Act; and byelaws shall be approved by the Privy Council, which approval shall be sufficient, without any other approval or any allowance thereof (notice of application for such approval being nevertheless given, and proposed byelaws being published before application for approval, in like manner as under that Act notice of application for allowance and publication before that application are required to be made).

25. A local authority may charge for the use of any wharf, lair, shed, market, house, or place provided by them under this part of this Act such sums as they from time to time by byelaw appoint.

26. A local authority, on exercising for the purposes of this part of this Act the borrowing powers vested in them under this Act, may, if they think fit, give as security for repayment of money borrowed with interest (either together with the local rate, if any, or separately therefrom) the charges which they are authorized to make under this part of this Act, and any estates, revenues, or funds belonging to them and not otherwise appropriated by law.

27. All money received by a local authority from charges made by them under this part of this Act shall be carried to a separate account, and shall be applied in payment of interest on money borrowed by them for the purposes of this part of this Act, and in repayment of the principal thereof, and subject thereto towards discharge of expenses incurred by them in the execution of this Act.

28. With respect to the metropolis, notwithstanding anything in this Act or in the second schedule thereto, the following proing metropolis. visions shall have effect:

(1.) The mayor, aldermen, and commons of the city of London
shall, for the purposes of this part of this Act, be exclu-
sively the local authority in and for the metropolis :
(2.) The mayor, aldermen, and commons, on exercising for the
purposes of this part of this Act the borrowing powers
vested in a local authority under this Act, may borrow
on the credit of the property on the credit whereof they
are authorized to borrow by The Metropolitan Market

Contagious Diseases (Animals).

Act, 1865, and the money so borrowed may be secured
in the manner and subject and according to the pro-
visions in that Act authorized and contained:

(3.) All money received by the mayor, aldermen, and commons
from charges made by them under this part of this Act
shall (subject to the application thereof as in this part of
this Act directed in payment of interest on and in repay-
ment of principal of money borrowed for the purposes
of this part of this Act) be applied in repayment of the
principal of money borrowed by them under The Metro-
politan Market Acts, 1857 and 1865, and subject thereto
in discharge of expenses incurred by them in the exe-
cution of this part of this Act:

(4.) From and after the opening for public use of a market provided by the mayor, aldermen, and commons under this part of this Act to the satisfaction of the Privy Council (declared by order), the maximum tolls, dues, and payments that may be taken under The Metropolitan Market Act, 1857, in respect of the animals mentioned in the fifth schedule to this Act, shall be the sums in that schedule specified in lieu of those specified in schedule A. to that Act.

29. Provided that if the mayor, aldermen, and commons of the city of London do not before the first day of January one thousand eight hundred and seventy-two provide and open for public use a market for the purposes of this part of this Act to the satisfaction of the Privy Council (declared by order), then on and after that day the following consequences shall ensue : (1.) The provision of this part of this Act making the mayor, aldermen, and commons exclusively for the purposes of this part of this Act the local authority in and for the metropolis shall cease to operate :

(2.) The enactment in section fifteen of The Metropolitan Market Act, 1857, that no new market for the sale of cattle or horses shall be opened in the cities of London or Westminster, or the liberties thereof, or in the borough of Southwark, or at any place distant less than seven miles in a straight line from Saint Paul's Cathedral in the city of London, shall not prevent any local authority or person from establishing a market for the purposes of this part of this Act in or at any place named or defined in that section.

Provision on failure of corporation of

provide market.

where market, &c. provided.

30. Where a local authority, with the approval of the Privy Continuance of Council, have before or after the passing of this Act provided, defined part erected, and fitted up within a part of a port defined by the Privy Council as a place where foreign animals may be landed any wharf, lair, shed, market, house, or place for the landing, reception, sale, or slaughter of foreign animals, it shall not be lawful for the Privy Council (as long as importation of foreign animals at that port is allowed, but under restriction) to revoke the definition of the part or parts of that port at which foreign animals may be landed, or to alter it so as to exclude therefrom

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Provisional

declaration of infected place by inspector.

Determination

of local authority.

Contagious Diseases (Animals).

any part of the site of such wharf, lair, shed, market, house, or place, except with the consent of the local authority; and if any railway company have provided, erected, or fitted up any such wharves, lairs, sheds, markets, houses, or places, the same may, with the approval of the Privy Council, be used for the purposes of this part of this Act.

PART IV.-DISCOVERY AND PREVENTION OF DISEASE.

31. An inspector of a local authority, on receiving information of the supposed existence of cattle plague, pleuro-pneumonia, or sheep-pox, or having reasonable ground to suspect that any of those diseases exists in any place within his district, shall proceed to that place with all practicable speed, and execute and discharge the powers and duties by or under this Act conferred and imposed on him as inspector.

32. An inspector or other officer of a local authority authorized to act in the execution of this Act may at any time enter any field, stable, cow-shed, or other premises within his district, where he has reasonable grounds for supposing that any animal affected with cattle plague, pleuro-pneumonia, or sheep-pox is to be found, for the purpose of executing this Act, but shall, if required, state in writing the grounds on which he has so entered.

If any person refuses admission to such inspector or officer acting under this section, he shall be deemed guilty of an offence against this Act.

33. The certificate of an inspector of a local authority to the effect that an animal within his district is affected with cattle plague, pleuro-pneumonia, or sheep-pox, shall for the purposes of this Act be conclusive evidence in all courts of justice and elsewhere of the matter certified.

Infected Places: Cattle Plague and Sheep-pox.

34. Where an inspector finds cattle plague or sheep-pox to exist within his district, he shall forthwith make a declaration thereof under his hand, and shall deliver a notice under his hand of such declaration to the occupier of the field, stable, cowshed, or other premises where the disease is found, and thereupon the same, with all lands and buildings contiguous thereto in the same occupation, shall become and be an infected place, and the same shall continue to be an infected place until the determination and declaration of the local authority relative thereto in this Act provided for.

35. Where an inspector makes such a declaration of the exisand declaration tence of cattle plague or sheep-pox, he shall with all practicable speed send a copy thereof to the Privy Council, and deliver the declaration to the local authority, who shall forthwith inquire into the correctness thereof, and if it appears to them that cattle plague or sheep-pox existed as declared by the inspector, they shall so determine and declare, and shall prescribe the limits of the infected place; but if it appears to them that cattle plague or sheep pox did not exist as declared by the inspector, and the same is certified to

Contagious Diseases (Animals).

them in writing by one or more duly qualified veterinary surgeon or surgeons, employed by them in that behalf, they shall so determine and declare, and thereupon the place comprised in the inspector's declaration, or affected thereby, shall cease to be an infected place.

36. A local authority with respect to any place within their Declaration of district, and the Privy Council with respect to any place in Great, infected place Britain, may from time to time by order declare any field, stable, rity or Privy by local authocowshed, or other premises in which cattle plague or sheep-pox Council. exists at the date of the order or has existed within seven days before that date, with or without a further area, to be from and after a time specified in the order an infected place.

37. The area of an infected place may in all cases of a declara- Extent of area tion by a local authority include, with the field, stable, cowshed, on declaration or other premises in which cattle plague or sheep-pox has been by local authofound to exist, all lands and buildings lying contiguous thereto, rity. being in the same occupation, and within the district of the local authority, and also (except in the metropolis) an area comprised within one mile from the boundaries of those lands in every direction, but no more.

38. A local authority may include in the area of an infected Extension of place any adjoining part of the district of another local authority, area into adwith the previous consent of that authority in writing signed by joining district.

their clerk, but not otherwise.

39. The area of an infected place may in all cases of a declara- Extent of tion by the Privy Council include, with the field, stable, cowshed, infected place. or other premises in which cattle plague or sheep-pox has been found to exist, such an area as to the Privy Council seems

requisite.

40. With respect to the metropolis the Privy Council may from Area of intime to time by order extend the limits of an infected place beyond fected places the boundaries of the field, stable, cowshed, farm, or premises in metropolis. where cattle plague or sheep-pox is declared or found to exist.

41. The area of an infected place may in any case be described Description of by reference to a map deposited at some specified place, or by infected place. reference to townships, parishes, farms, or otherwise.

42. An order of a local authority declaring a place to be an Notice of deinfected place shall be published by the local authority by notices claration. posted in and near the infected place, and in such other manner (if any) as they think expedient.

An order of the Privy Council declaring a place to be an infected place shall be published in like manner by and at the expense of any local authority to whom the same is sent by the Privy Council for publication.

Any want of or defect or irregularity in publication shall not invalidate any order.

43. An order of a local authority or of the Privy Council Order evidence declaring a place to be an infected place shall be conclusive evi- of disease. dence in all courts of justice and elsewhere of the existence of

disease and other matters on which the order proceeds.

44. The rules set forth in the sixth schedule to this Act shall Rules in schehave effect with respect to infected places (which rules are in this dule.

Offences as to

Contagious Diseases (Animals).

Act referred to as the rules of this Act with respect to infected places).

45. If any animal, hide, skin, hair, wool, horn, hoof, offal, infected places. carcase, meat, dung, hay, straw, litter, or other thing is moved in contravention of the rules of this Act with respect to infected places, every person moving the same, or causing the same to be moved, shall be deemed guilty of an offence against this Act.

Exception for railways.

Privy Council to make rules as to infected

places.

Duties of local

46. The rules of this Act with respect to infected places shall not restrict the moving of any animal or thing by railway through an infected place, such animal or thing not being stopped within the infected place.

47. The Privy Council may from time to time by order make rules with respect to infected places not being inconsistent with the rules set forth in the sixth schedule to this Act; and with respect to the metropolis, the Privy Council may also from time to time, if they think it expedient, vary the rules set forth in that schedule; and all rules and variations of rules so made shall be deemed rules of this Act with respect to infected places.

48. Every local authority and the police of every county, authorities, &c. borough, town, and place shall, within their respective districts, enforce and execute the provisions of this Act and of any order of the local authority or Privy Council thereunder relative to infected places, and do or cause to be done all things from time to time necessary or expedient for securing, as far as may be, the effectual isolation of infected places in respect of the movement of animals and things.

Authority of constable.

Discontinuance

of declaration of infected

places.

49. Any constable may proceed as follows:
(1.) He may apprehend any person found committing an offence
against the rules of this Act with respect to infected
places, and he shall take any person so apprehended, as
soon as conveniently may be, before a justice of the peace
to be examined and dealt with according to law; and a
person so apprehended shall not be detained in custody
by any constable without the order of a justice longer
than is necessary for bringing him before a justice, or
than twenty four hours at longest:

(2.) He may require that any animal or thing moved out of an
infected place in contravention of those rules be forth-
with taken back within the limits of that place, and may
enforce and execute such requisition.

50. The local authority by whom an infected place is declared may, at any time after the expiration of twenty-eight days from the disappearance of cattle plague or sheep-pox (as the case may be) in that place, by order declare the place to be free from cattle plague or sheep-pox (as the case may be).

The Privy Council may at any time by order declare any place to be free from cattle plague or sheep-pox.

Thereupon, as from the time specified in this behalf in the order of the local authority or Privy Council, the place shall cease to be an infected place as regards cattle plague or sheep-pox (as the case may be).

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