An Act to prevent the spread of Contagious Diseases among [20th April, 1891.] ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:- 1. Where the words following occur in this Act they shall be con- Interpretation. strued in the manner hereinafter mentioned, unless a contrary intention appears: "Disease" means glanders, farcy, maladie du coit or equine syphilis, "Disease." cattle plague or rinderpest, pleuro pneumonia, anthrax or splenic fever, foot and mouth disease, tuberculosis, swine plague, scab, rabies, hog cholera, hydrophobia, variola ovina, and any disease which the Lieutenant-Governor in Council from time to time declares to be an infectious or contagious disease for the purposes of this Act. Jurisdiction." "Court of Summary Jurisdiction" means two or more Justices "Court of Summary sitting at a Court or other public place appointed in that behalf, or a Police, Stipendiary, or other Magistrate or officer howsoever 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. “Animal” means horses, mares, fillies, foals, geldings, colts, bulls, "Animal." bullocks, cows, heifers, steers, calves, sheep, lambs, goats, mules, jennets, asses, and swine. "Veterinarian" means a Veterinary Surgeon duly registered in some "Veterinarian." lawfully constituted Veterinary Association. "Inspector" means such person as the Lieutenant-Governor in "Inspector." Council shall from time to time appoint. Owner to take all 2. (1.) Where the owner or other person having charge of any precau- animal has reason to suspect the existence of disease in the said reasonable ions. Inspector to be notified. Veterinarian to make an inspection. Penalty for malicious information. Where veterinary surgeon is not available. Inspector to notify the owner. Notices. Duties of Inspectors. animal, he shall at once take all reasonable precaution to prevent the spread of disease to other animals, until it has been determined by an Inspector that the same is free from disease: (2.) Where it appears to any person that any animal is diseased, such person shall forthwith notify an Inspector having jurisdiction in the locality, by transmitting to him a declaration made before some person authorized to receive affidavits that he has reason to believe that such animal is diseased, and the Inspector, if in his opinion there is reasonable cause therefor, shall forthwith, by writing under his hand, direct a Veterinarian to inspect the animal alleged to be diseased: (3.) The Veterinarian on receiving such direction shall, with all convenient speed, make an inspection, and report his opinion in writing to the Inspector: (4.) Any person who maliciously and without reasonable and probable cause gives the notice mentioned in this section shall be liable to a penalty of not less than ten dollars, and not more than fifty dollars: (5.) Where a Veterinary Surgeon is not available, then the Inspector may call in the services of three or more persons of skill and experience with animals, who shall act in lieu of a Veterinarian under this Act, and the term "Veterinarian," wherever employed in this Act, shall in proper cases include such three or more persons. 3. Where it appears to any Inspector under this Act that any animal is diseased he shall at once notify the owner or other person in charge of such animal, and shall cause the animal to be safely kept where it will not be brought into contact with, or be in danger of transmitting the disease to, other animals until the case shall be fully disposed of under this Act, unless the owner of the diseased animal shall consent in writing to the destruction of the same, in which event the Inspector shall cause the diseased animal to be forthwith destroyed. 4. All notices under this Act shall be in writing or print, or partly in writing and partly in print. 5. The several officers and persons named as Inspectors under this Act shall perform their duties in the District or place where appointed by the Lieutenant-Governor in Council, but any Inspector shall have power to enter in or upon any premises in the performance of any duty laid upon him by this Act, or any regulation made under the provisions of this Act, and may call upon any constable or other person to aid him, under penalty for default in so doing, in executing any action taken under this Act, or any regulation made under this Act. animal that has been 6. (1.). After the owner or other person in charge has received notice Penalty for exposing from a Veterinarian or Inspector that an animal is diseased, or has subject to infection been subject to contagion or infection, it shall be unlawful to turn out, drive or lead such animal, or to cause it to be turned out, driven or led through, or kept in any place where it may be brought into contact with, or be in danger of transmitting disease to other animals, or to expose for sale, or to sell such diseased animal until it has been determined by a Court of Summary Jurisdiction, as hereafter provided, that the animal to which the notice relates is free from disease: animal. (2.) The Inspector upon receiving the report of the Veterinarian that Seizure of diseased an animal is diseased, may at once issue his order to a constable directing him to seize and detain such animal, and cause the same to be kept in some place where it will not be brought into contact with, or be in danger of transmitting the disease to, other animals, until the case has been determined by the Court, or may himself so seize and detain such animal. 7. Any Justice on receiving from any Inspector a notice or report Summons to show cause why diseased stating that an animal is diseased, shall forthwith issue a summons animal should not be directed to the owner or other person in charge of the animal, requir- killed. ing him to appear before a Court of Summary Jurisdiction, at a time and place to be specified in such summons, to show cause why such animal should not be destroyed, or otherwise dealt with as the Court shall deem fit. 8. The proceedings on such notice and summons shall be under the "Summary Convic "Summary Convictions Act." tions Act.' eased animal. 9. In case it is proved to the Court of Summary Jurisdiction that Power for Court to the animal in respect of which the summons was issued is diseased, the kill or isolate disCourt shall give an order to the Inspector for the immediate isolating or killing of the animal or animals so diseased, and for the burying or burning of the carcass (describing the same according to the tenor of the description given in the notice or report, and in the evidence), and in default thereof may impose a fine not exceeding fifty dollars, and a further sum of ten dollars for every twelve hours thereafter until the order be complied with. spector. 10. (1) Every person having in his possession or under his charge Owner of diseased any animal which is or appears to be diseased, but respecting which animal to notify Inno notice has been given as aforesaid, shall, as far as practicable, keep such animal separate from other animals not so diseased, and shall, with all practicable speed, give notice to the Inspector of the existence, or supposed existence, of the disease: (2) Any Inspector shall on receipt of such notice, with all practicable Inspector to make speed, cause inspection to be made of the said animal, and if the disease inspection. License to expose animal that has been tion. appears to exist shall forthwith notify the person in possession or charge of the animal and a Justice, as directed in other cases. 11. No owner or other person in charge thereof shall turn out, subjected to infec- lead or drive any animal knowing such animal to have been kept in the same stable, or other place, with any diseased animal, or otherwise exposed to contagion or infection, in, upon, or through any place, without a license from an Inspector first had and obtained, or without other order from the Court in that behalf. Minister of Agriculture to examine into alleged outbreak of disease. Appointment of Inspectors. 12. Wherever it shall appear proper, the Minister of Agriculture may direct any Inspector, or any suitable person, to examine into any alleged outbreak of disease; to cause such scientific investigations to be made with a view to determining the nature and source of the outbreak as under the circumstances are deemed necessary; and to take (in case the investigation shows reasonable ground for so doing) such measures for its suppression or limitation as are provided by this Act, or as may be provided by any regulations to be made under the provisions of this Act. 13. The Lieutenant-Governor in Council may from time to time appoint Inspectors and such other officers and persons as may be requisite for the working out of this Act, and may apply or limit their powers to such portions of the Province as may from time to time seem desirable. Prohibition of im- 14. The Lieutenant-Governor in Council may from time to time portation of animals. prohibit the importation into the Province, or any part thereof, or into any particular port or ports thereof, of any animals, either generally or from any place or places named in the Order in Council, for such period as he may deem necessary, and may from time to time make such regulations as may seem necessary to prevent the importation or spread of diseases, and as may seem requisite for carrying out the provisions of this Act; and every such regulation shall have the like force and effect as if it had been embodied in this Act. Inspector's certificate. Penalty for obstructing Inspector Veterinarian. 15. The certificate of an Inspector to the effect that an animal is diseased shall for the purposes of this Act be primâ facie evidence in all Courts of Justice and elsewhere of the matter certified. 16. Every person who refuses to admit any Inspector or Veterinor arian or other person appointed by such Inspector acting under this Act, or under regulations or orders made in conformity with this Act, to any place within his district where such Inspector has reasonable ground to believe that any animal affected with disease, or other matter or thing exposed to such infection, is to be found, shall for every such offence incur a penalty not exceeding fifty dollars. or 17. Every person who obstructs or impedes an Inspector or other Penalty for obstructing Inspector officer or person acting in execution of the provisions of this Act, or of Veterinarian. any order or regulation made by the Lieutenant-Governor in Council or the Minister of Agriculture thereunder, and every person who aids and assists him therein, shall for each offence incur a penalty not exceeding one hundred dollars; and the Inspector or other officer or person may apprehend the offender and take him forthwith before a Justice to be dealt with according to law. of Consolidated Rev. 18. The Lieutenant-Governor in Council may direct any costs and Costs to be paid out expenses which may be necessary for putting this Act into operation, enue. to be paid out of the Consolidated Revenue. 19. For the purposes of proceedings under this Act every offence Venue. against this Act shall be deemed to have been committed, and every cause of complaint under this Act shall be deemed to have arisen, either in the place in which the same actually was committed or arose, or in any place in which the person charged or complained against happens to be. 20. Any person violating any of the provisions herein contained Penalty. respecting which no express penalty is provided herein, shall be guilty of an offence under this Act, and shall on conviction forfeit and pay a sum not exceeding fifty dollars for each offence. 21. Every penalty imposed by this Act shall be recoverable with Recovery of penalcosts before any Justice of the Peace having jurisdiction or any Magis trate having the powers of two Justices under the "Summary Con victions Act." ties. 22. This Act may be cited as the "Contagious Diseases (Animals) Short title. Act, 1891." VICTORIA, B. C.: Printed by RICHARD WOLFENDEN, Printer to the Queen's Most Excellent Majesty. |