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THE

LAW OF CATTLE

PLAGUE

IN SCOTLAND.

THE ACT 11 & 12 VICT. c. 107.

THE recent action of the Government and the regulations issued for the repression of Cattle Plague rest upon the Statute 11 & 12 Vict. c. 107, which was passed as a temporary Act in 1848, chiefly in consequence of the appearance of smallpox amongst sheep in certain districts in England. That Statute has been continued from year to year by successive renewal Acts, and lastly by the Act 28 & 29 Vict. c. 119, by which it is continued in force to the 1st of August 1866, and thereafter to the end of the then next session of Parliament.

Its provisions, besides conferring on Her Majesty's Privy Council the authority under which the Orders in Council relative to Cattle Plague have been issued, contain several substantive enactments which require observance during the existence of that disease in Scotland, altogether independent of the Privy Council's Orders.

§ 1.

$3.

$ 19.

The following is an abstract of the enactments referred to:

Any person bringing or attempting to bring any sheep, lambs, cattle, or calves into any market, fair, or open or public place where other animals are commonly exposed for sale, knowing the same to be infected with or labouring under sheep-pox or any disorder of the like nature, is declared liable, on conviction, to a penalty of a sum not exceeding £20 for each such offence.

The

If meat unfit for human food is exposed or offered for sale in any market, fair, or other open or public place, clerks, inspectors, constables, policemen, or other persons authorised by two justices of the peace having jurisdiction in the place, may seize the same. seizure is to be reported to a justice of the jurisdiction, who is empowered to give orders as to the disposal of the meat seized. The person so exposing or offering such meat incurs a penalty for each offence of a sum not exceeding £20. If the justice orders the meat that has been seized to be restored, and it appears to him that there was a probable cause of seizure, he shall grant a certificate to that effect, and in such case the person who made the seizure is not liable to any suit or prosecution on account of such seizure. If an action is raised against any person acting under authority of the Act or of any Order issued in virtue of it, for a seizure of animals or articles as forfeited under the provisions of the Act or such Order, and a verdict is given against such person, he shall not be liable for more than the things seized or their value and twopence damages, nor to any costs of suit, provided the judge before whom the action is tried certifies on the record that there was a probable cause for the seizure made.

Any person obstructing or impeding any person acting under the authority of the Act, or of any Order or Regulation made in pursuance of it, may be seized on the spot and taken before a justice of the peace. The complaint is to be on oath, and the justice is to act summarily in the premises. The penalty on conviction of this offence is a sum not exceeding £5, and, in default of payment, imprisonment for a period not exceeding two months.

No penalty imposed by virtue of the Act can be exacted unless complaint has been made to a justice. within two months next after the commission of the offence.

§ 7.

§ 14.

Penalties imposed by the Act may be recovered by § 8. summary procedure before two justices. Any justice, upon the exhibition of an information in writing, may issue a summons requiring the party complained against to appear before two justices at a time and place named in the summons. The complaint may be heard either upon the appearance of the party, or, in his absence, after proof of the service of the summons. Conviction may proceed either upon the confession of the party or upon the oath of one credible witness or more. The justices may adjudge the offender to pay such costs attending the conviction as they shall think fit in addition to the penalty.

and 12.

If the amount of the penalty and costs adjudged is § 9, 10, 11, not paid forthwith upon conviction, it may be levied by distress and sale. A distress warrant may be issued either by the justices who heard the complaint, or either of them, or by any other justice. The offender may be committed to jail until return can be made to the warrant of distress, unless he gives sufficient security therefor to the satisfaction of the justice.

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