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c. 107.

posing

11 & 12 VICT. attempting to bring any sheep, lambs, oxen, bulls, cows, calves, or other horned cattle, into any such market, fair, or open or public place as aforesaid, knowing such sheep, lambs, or cattle to be infected with or labouring under either of such disorders as aforesaid, shall, upon conviction thereof, forfeit and pay for each and every such offence a sum not exceeding twenty pounds.

cattle for

sale, knowing them to be diseased, II. And be it enacted, that if any person turn out, keep, or depasture Penalty on persons any sheep or lambs infected with or labouring under the said disorder in or depasturing upon any forest, chase, wood, moor, marsh, heath, common, waste land, open field, road side, or other undivided or unenclosed land, such person shall, on conviction thereof, forfeit and pay any sum not exceeding twenty pounds.

diseased sheep, &c.

Penalty on persons exposing for sale meat

unfit for

III. And whereas it is expedient for the preservation of the public health to make more effectual provision for preventing the exposure for sale of any meat unfit for human food: be it enacted, that if any meat unfit for human food be exposed or offered for sale in any market, fair, or human food. other open or public place, it shall be lawful for such clerks, inspectors, constables, policemen, or other persons authorised as aforesaid to seize the same, and to report such seizure to such mayor or justice as aforesaid; and such mayor or justice may either order the same to be restored, or to be destroyed or otherwise disposed of as aforesaid; and any person publicly exposing or offering such meat for sale shall, upon conviction, forfeit and pay for each and every such offence a sum not exceeding twenty pounds.

Privy council may make regu

lations as to

removal of

sheep, &c.;

as to dis

IV. And for the more effectually preventing the spreading of contagious or infectious disease, be it enacted, that it shall be lawful for the Lords and others of her Majesty's privy council, or any two or more of them, from time to time to make such orders and regulations as to them may seem necessary for the purpose of prohibiting or regulating the removal, to or from such parts or places as they may designate in such order or orders, of sheep, cattle, horses, swine, or other animals, or of meat, skins, hides, horns, hoofs, or other parts of any animals, or of hay, straw, fodder, or as to purify- other articles likely to propagate infection; and also for the purpose of ing yards, purifying any yard, stable, outhouse, or other place, or any waggons, stables, &c.; carts, carriages, or other vehicles; and also for the purpose of directing how any animals dying in a diseased state, or any animals, parts of animals, or other things seized under the provisions of this act, are to be disposed of; and also for the purpose of causing notices to be given of the appearance fected state; of any disorder among sheep, cattle, or other animals, and to make any other orders or regulations for the purpose of giving effect to the provisions giving of this act, and again to revoke, alter, or vary any such orders or regulanotice of appearance tions; and all provisions for any of the purposes aforesaid in any such order or orders contained shall have the like force and effect as if the same had been inserted in this act; and all persons offending against the same shall for each and every offence forfeit and pay any sum not exceeding twenty pounds, or such smaller sum as the said Lords or others of her Majesty's privy council may in any case by such order direct.

posal of ani

mals dying

in an in

and as to

of disease,

&c.

Penalty for offending against the

same.

Orders, &c., to be pub

lished in Gazette and

V. And be it enacted, that all orders and regulations made under the authority of this act shall, within fourteen days after the issuing thereof, be twice published in the London Gazette; and in case such orders or in country regulations apply to any particular places or districts, then the same shall newspapers; also be twice published, within fourteen days as aforesaid, in some newspaper or newspapers circulating in the county or counties within which each of such places or districts, or any part or parts thereof respectively, is or are situated.

and to be laid before parliament.

VI. And be it enacted, that a copy of every such order or orders shall be laid before both houses of parliament within six weeks after issuing the same, if parliament be then sitting. and if parliament be not then sitting, then within six weeks after the commencement of the then next session of parliament.

VII. And be it enacted, that in case any person wilfully obstruct or 11 & 12 VICT. impede any person acting under the authority of this act, or of any order c. 107.

tion of this

or regulation made in pursuance of this act, every person so offending, and Penalty for all others aiding and assisting therein, shall and may be seized and de- obstructing tained by such person so acting under the authority of this act as aforesaid, persons in or any person or persons he may call to his assistance, until such offender the execor offenders can be conveniently taken before some justice of the peace act. having jurisdiction in the county or place wherein such offence shall be committed, and when convicted before such justice as aforesaid (who is hereby authorised and required, upon complaint to him upon oath, to take cognisance thereof, and to act summarily in the premises), shall, in the discretion of such justice, forfeit any sum not exceeding five pounds, and in default of payment thereof shall and may be imprisoned for any term not exceeding two calendar months, unless the amount of the penalty shall have been sooner discharged.

rily re

VIII. And be it enacted, that every penalty or forfeiture imposed by Penalties to this act may be recovered by summary proceeding before two justices; and be summanpon the exhibition of any information in writing before any justice such covered justice shall issue a summons requiring the party complained against to before two appear before two justices having jurisdiction, at a time and place to be justices. named in such summons; and every such summons shall be served on the party offending, either in person or by leaving the same with some inmate, at his last or usual place of abode; and upon the appearance of the party complained against, or in his absence, after proof of the service of such summons, it shall be lawful for any two justices having jurisdiction to proceed to the hearing of the complaint; and upon proof of the offence, either by the confession of the party complained against or upon the oath of one credible witness or more, it shall be lawful for such justices to conviet the offender, and upon such conviction to adjudge the offender to pay such penalty as may seem fit, and not greater than the penalty or forfeiture specified in this act, as well as such costs attending the conviction as such justices shall think fit.

distress.

IX. And be it enacted, that if forthwith upon any such adjudication as Penalties to aforesaid the amount of the penalty or forfeiture, and of such costs as be levied by aforesaid, be not paid, the amount of such penalty and costs shall be levied by distress, and such justices, or either of them, or any other justice having jurisdiction as aforesaid, shall issue their or his warrant of distress accordingly.

commit the

X. And be it enacted, that it shall be lawful for any such justice to In default order any offender so convicted as aforesaid to be detained and kept in safe of distress, custody until return can be conveniently made to the warrant of distress justices may to be issued for levying such penalty or forfeiture and costs, unless the offender to offender give sufficient security, by way of recognisance or otherwise, to prison. the satisfaction of the justice, for his appearance before him on the day appointed for such return, such day being not more than eight days from the time of taking such security; but if before issuing such warrant of distress it shall appear to the justice, by the admission of the offender or otherwise, that no sufficient distress can be had within the jurisdiction of such justice whereon to levy such penalty or forfeiture and costs, he may, if he think fit, refrain from issuing such warrant of distress; and in such case, or if such warrant shall have been issued, and upon the return thereof such insufficiency as aforesaid shall be made to appear to the justice, then such justice shall by warrant cause such offender to be committed to gaol, there to remain without bail for any term not exceeding three months, unless such penalty or forfeiture and costs be sooner paid and satisfied.

XI. And be it enacted, that where in this act any sum of money, whe- Distress ther in the nature of penalty or otherwise, is directed to be levied by how to be levied. distress, such sum of money shall be levied by distress and sale of the goods and chattels of the party liable to pay the same; and the overplus

11 & 12 VICT. arising from the sale of such goods and chattels, after satisfying such sum c. 107. of money, and the expenses of the distress and sale, shall be returned, on demand, to the party whose goods shall have been distrained.

want of

form.

Distress not XII. And be it enacted, that no distress levied by virtue of this act shall unlawful for be deemed unlawful, nor shall any party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceedings relating thereto, nor shall such party be deemed a trespasser ab initio on account of any irregu larity afterwards committed by him, but all persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage in an action upon the case.

Application

XIII. And be it enacted, that all penalties and forfeitures recovered of penalties. under this act shall be applied as follows: one half thereof shall be paid to the person who shall sue or proceed for the same, and the other half to her Majesty's use, and shall be paid to the sheriffs of the county, city, or town where the same shall have been imposed, and shall have been duly Convictions accounted for by him; and that all convictions before justices, and all fines, to be re- forfeitures, or penalties imposed in consequence of such convictions, shall turned to be returned to the court of quarter sessions, under the provisions of an quarter sessions act passed in the third year of his late Majesty king George the Fourth, under 3 G. 4, intituled "An Act for the more speedy Return and levying of Fines, Penalties, and Forfeitures, and Recognisances estreated."

c. 46.

Penalties to

be sued for within two

months after commission of offence. Penalty on witnesses making default.

Proceedings not to be

quashed for

XIV. And be it enacted, that no person shall be liable to the payment of any penalty or forfeiture imposed by virtue of this act for any offence made cognisable before a justice, unless the complaint respecting such offence shall have been made before such justice within two months next after the commission of such offence.

XV. And be it enacted, that it shall be lawful for any justice to summon any person to appear before him as a witness in any matter in which such justice shall have jurisdiction under the provisions of this act, at a time and place mentioned in such summons, and to administer to him an oath to testify the truth in such matter; and if any person so summoned shall without reasonable excuse refuse or neglect to appear at the time and place appointed for that purpose, having been paid or tendered a reasonable sum for his expenses, or if any person appearing shall refuse to be examined on oath, or to give evidence before such justice, every such person shall forfeit a sum not exceeding five pounds for every such offence.

XVI. And be it enacted, that no warrant of commitment consequent upon any summary conviction under this act shall be held void by reason of any defect in such warrant, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same; nor shall any conviction, order, or other proceeding in pursuance of certiorari. this act be quashed or vacated for want of form, nor shall the same be removed by certiorari or otherwise into any of the superior courts.

want of form, nor

removed by

Parties agXVII. And be it enacted, that if any person shall think himself aggrieved grieved may by any determination or adjudication of any justice with respect to any appeal to penalty or forfeiture under the provisions of this act, he may appeal to the quarter sesgeneral quarter sessions for the county or place in which the cause of appeal sions, on giving secushall have arisen; but no such appeal shall be entertained unless it be rity. made within four months next after the making of such determination or adjudication, nor unless ten days' notice in writing of such appeal, stating the nature and grounds thereof, be given to the party against whom the appeal shall be brought, nor unless the appellant forth with after such notice enter into recognisances, with two sufficient sureties, before a justice, conditioned duly to prosecute such appeal, and to abide the order of the court thereon.

Court may

XVIII. And be it enacted, that at the quarter sessions for which such make such notice shall be given the court shall proceed to hear and determine the appeal in a summary way, or they may, if they think fit, adjourn it to the

order as

C. 107.

following sessions; and upon the hearing of such appeal the court may, if 11 & 12 VICT. they think fit, mitigate any penalty or forfeiture, or they may confirm or quash the adjudication, and order any money paid by the appellant, or they think levied by distress upon his goods, to be returned to him, and may also reasonable. order such further satisfaction to be made to the party injured as they may judge reasonable; and they may make such order concerning the costs, both of the adjudication and of the appeal, as they may think reasonable.

account of

that there

XIX. And be it enacted, that in case the mayor or justice to whom the If suit seizure of any sheep, lambs, or cattle supposed to be infected as aforesaid, brought on or of any meat supposed to be unfit for human food, may have been reported, seizure, and shall upon inquiry order the same to be restored, and in case it appear to the judge such mayor or justice that there was a probable cause of seizure, then and shall certify in such case such mayor or justice shall grant a certificate to the party was probamaking the seizure that there was such probable cause, and in such case ble cause, the person or persons who made such seizure, being a person or persons plaintiff to have 2d. acting under the authority of this act, or of any order made in pursuance damages hereof, shall not be liable to any action, indictment, or other suit or prose- and defencution on account of such seizure; and in case any action, indictment, or dant fined other suit or prosecution shall be commenced and brought to trial against not more any person or persons, being a person or persons acting under such autho. than 18. rity as aforesaid, on account of the seizure of any animals, parts of animals, hay, straw, fodder, or other articles seized as forfeited under the provisions of this act, or of any order or orders made under the authority of the same, wherein a verdict shall be given against the defendant or defendants, if the court or judge before whom such information or suit shall have been tried shall have certified on the said record that there was a probable cause for such seizure, then the plaintiff, besides the things seized or the value thereof, shall not be entitled to above twopence damages, nor to any costs of suit, nor shall the defendant or defendants in such prosecution be fined above one shilling.

rights, &c.,

XX. And be it enacted, that this act shall continue in force until the Act to confirst day of September in the year of our Lord one thousand eight hundred tinue in force for and fifty, and if parliament be then sitting then further until the end of two years. the then session (a). XXI. And be it enacted, that nothing in this act contained shall pre- Act not to judice or derogate from the estates, rights, interests, privileges, franchises, affect the jurisdiction, or authority of the mayor and commonalty and citizens of the of the city of city of London or their successors, or the lord mayor of the said city for London. the time being, nor prohibit, defeat, alter, or diminish any power, authority, or jurisdiction which at the time of passing this act the said mayor and commonalty and citizens, or the said lord mayor for the time being, possess, by custom, charter, or otherwise, for the regulation, management, and control of markets, or the sale of infected meat, hides, skins, horns, hoofs, or other part of any infected animal, or infected hay, straw, fodder, or other article, or the lord mayor and court of aldermen, or the lord mayor, aldermen, and commons of the city of London, in common council assembled, under or by virtue of any act of parliament, did or might lawfully claim, use or exercise.

XXII. And be it enacted, that this act may be amended or repealed by Act may be any act to be passed in this session of parliament.

(a) Extended by 26 & 27 Vict. c. 95, to 1st of August, 1864, and end of next session.

amended,

&c.

14 & 15 VICT. c. 13.

On every sale of

ticulars of

14 & 15 VICT. c. 13.

An Act to regulate the Sale of Arsenic (a).

[5th June, 1851.] WHEREAS the unrestricted sale of arsenic facilitates the commission of crime be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, as follows:

I. Every person who shall sell any arsenic shall forthwith, and before the delivery of such arsenic to the purchaser, enter or cause to be entered arsenic par- in a fair and regular manner in a book or books to be kept by such person for that purpose, in the form set forth in the schedule to this act, or to the like effect, a statement of such sale, with the quantity of arsenic so sold, and the purpose for which such arsenic is required or stated to be required, the seller in and the day of the month and year of the sale, and the name, place of abode, and condition or occupation of the purchaser, into all which circumschedule to stances the person selling such arsenic is hereby required and authorised

sale to be entered in a book by

form set

forth in

this act.

Restrictions

arsenic.

to inquire of the purchaser before the delivery to such purchaser of the arsenic sold, and such entries shall in every case be signed by the person making the same, and shall also be signed by the purchaser, unless such purchaser profess to be unable to write (in which case the person making the entries hereby required shall add to the particulars to be entered in relation to such sale the words "cannot write"), and, where a witness is hereby required to the sale, shall also be signed by such witness, together with his place of abode.

II. No person shall sell arsenic to any person who is unknown to the as to sale of person selling such arsenic, unless the sale be made in the presence of a witness who is known to the person selling the arsenic, and to whom the purchaser is known, and who signs his name, together with his place of abode, to such entries, before the delivery of the arsenic to the purchaser, and no person shall sell arsenic to any person other than a person of fuil age.

Provision for colour

III. No person shall sell any arsenic unless the same be before the sale thereof mixed with soot or indigo in the proportion of one ounce of soot or ing arsenic. half an ounce of indigo at the least to one pound of the arsenic, and so in

Penalty for offending against this act.

proportion for any greater or less quantity: provided always, that where such arsenic is stated by the purchaser to be required, not for use in agriculture, but for some other purpose for which such admixture would, according to the representation of the purchaser, render it unfit, such arsenic may be sold without such admixture in a quantity of not less than ten pounds at any one time.

IV. If any person shall sell any arsenic, save as authorised by this act, or on any sale of arsenic shall deliver the same without having made and signed the entries hereby required on such sale, or without having obtained such signature or signatures to such entries as required by this act, or if any person purchasing any arsenic shall give false information to the person selling the same in relation to the particulars which such last-mentioned person is hereby authorised to inquire into of such purchaser, or if any person shall sign his name as aforesaid as a witness to a sale of arsenic to a person unknown to the person so signing as witness, every person so offending shall for every such offence, upon a summary conviction for the same before two justices of the peace in England or Ireland, or before two

(a) See "Poison," p. 161, and notes thereon.

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