Permission of executors, &c.

Direction during life.

Anatomy.

2 & 3 WILL. 4, c. 75 (amended by 34 VICT. c. 16). 1-6. [Inspectors of anatomy; licences; repealed in part, 4 & 5 Will. 4, c. 26.]

7. [Executors and other persons having lawful custody of bodies may permit them to undergo anatomical examination, unless to the knowledge of such executor or other party such person shall have expressed his desire, either in writing at any time during his life, or verbally in the presence of two or more witnesses during the illness whereof he died, that his body after death might not undergo such examination, or unless the surviving husband or wife, or any known relative of the deceased person, shall require the body to be interred without such examination (x).]

8. [If any person during his life shall direct that his body after death be examined anatomically, such examination shall take place, unless the deceased person's surviving husband or wife, or nearest known relative, or any one or more of such person's nearest known relatives, being of kin in the same degree, shall require the body to be interred without such examination.]

9. [The body may not be removed from the place where the person died without a certificate.]

10, 11. [Professors, surgeons, &c., may receive bodies for anatomical examination, and shall receive with the body a certificate, to be transmitted to the inspector of the district.]

12. [Notice shall be given to Secretary of State of places for practice of anatomy.]

13. [Every body shall be decently removed, and after anatomical examination shall be decently interred according to the religion of the deceased person, and a certificate of the interment trans

(x) A master of a workhouse, after showing the bodies of deceased paupers in coffins to their relatives, caused the relatives to follow other coffins to the graves, and the appearance of a funeral to be gone through. The relatives of the deceased had not required that the bodies should be interred without anatomical examination. The master then sent the bodies to the hospital for dissection, and received sums of money for them:-Held, that no indictment could be sustained against the master of the workhouse, as he had had lawful possession of the bodies within this sect., and the relatives had made no request that the bodies should be interred without anatomical examination (R. v. Feist, 8 Cox, C. C. 18; 4 Jur. N. S. 541; 31 L. T. 266; Dears. & B. 590; 27 L. J. M. C. 164; 22 J. P. 322).

mitted to the inspector within 6 weeks after the body is re- 2 & 3 Will. 4, ceived (y)].

14. [No member or fellow of any college of physicians or surgeons, nor any graduate or licentiate in medicine, nor any person lawfully qualified to practise medicine in any part of the United Kingdom, nor any professor, teacher, or student of anatomy, medicine, or surgery, having a licence from the Secretary of State shall be liable to prosecution punishment for having in his possession human bodies.] 15. [Post-mortem examinations not prohibited. (z)]

... or

c. 75,

Animals (Diseases).

32 & 33 VICT. c. 70.

1. [Short Title: "Contagious Diseases (Animals) Act, 1869."] 2-5. [Preliminary; repeal of former Acts.]

6. In this Act" cattle' means bulls, cows, oxen, heifers, Definitions. and calves: "animal" means cattle, sheep, goats, and swine: "foreign," means brought from any place out of the United Kingdom: " cattle plague" means the rinderpest, or disease commonly called the cattle plague: "contagious or infectious disease" includes cattle plague, pleuro-pneumonia, foot-andmouth disease, sheep-pox, scab, and glanders, and any disease which the Privy Council from time to time by order declare to be a contagious or infectious disease: "railway company' includes a company or person working a railway under lease or otherwise: "person" includes a body corporate or unincorporate.

66

7. "Borough" means a place.... subject to 5 & 6 Will. 4, Definitions. c. 76. ... or a place having a separate police establishment: "county" does not include a county of a city or .... town, but includes any riding, division, or parts of a county, having a separate commission of the peace: metropolis" includes all parishes and places in which the Metropolitan Board of Works have or had power to levy a main drainage rate. [St. Albans, the Isle of Ely, and the soke of Peterborough shall be separate counties, but all other liberties shall be considered part of the county by which they are surrounded, or of that county with which they have the longest common boundary. Every other

(y) The time limited by this section may be varied by the Home Secretary (34 Vict. c. 16).

(2) Procedure.-Within 6 months (s. 17). Offences against this Act are misdemeanors (s. 18). Triable at Sessions. Bail Compulsory. No Costs.

c. 70.

32 & 33 Vict. place not separately mentioned in the second schedule to this Act, shall be deemed part of the county wherein it is assessed or is situate.]

Schedules.

II. LOCAL

8. [The schedules shall be part of the Act.]

9. [The respective districts, authorities, rates or funds, and AUTHORITIES. Officers in the 2nd schedule (a) shall be the district, local authority, local rate, and clerk.]

City of London.

III. FOREIGN

ANIMALS.

10. [In the city of London and liberties the mayor, aldermen, and commons shall be the local authority, the town clerk shall be the clerk, and the consolidated rate shall be the local rate, but the city of London and liberties shall be deemed part of the metropolis for the purposes of the local rate described in the schedule.]

11-14. [Appointment of committees, inspectors, and officers.] 15-20. [The Privy Council may by order define the limits of ports for this Act-16. And may by order prohibit the landing of foreign animals, or any specified kind thereof, or those brought from any specified country or place, generally, or in any specified port, or elsewhere than in some specified ports: this shall extend to horses and other animals not defined by this Act.-And may by order apply to such animals the regutions (b) in schedule.-18. And may add to or vary the same.

(b) Regulations to be applied by the Privy Council.-Foreign animals are to be landed only at parts of ports defined by special orders of the Privy Council.-They are to be landed in such manner, within such times, and under such control as the Commissioners of Customs direct.-The owner, consignee, or other person is either before landing, or within 12 hours afterwards, to mark such cattle by clipping the hair off the end of the tail, and as the Privy Council may further prescribe, and other animals in such manner

c. 70.

19. Where such regulations are in operation in any port 32 & 33 Vict. or part thereof all animals therein shall be deemed foreign animals.-20. The Privy Council may by order impose conditions on the landing and quarantine of foreign animals, This shall extend to horses and other animals not defined in this Act.]

21. [If any person lands or attempts to land any foreign Wrongful landing. animal (including any horse or other animal not within the definition of animals in this Act) in contravention of any order of the Privy Council, the animal shall be forfeited as under the Customs Acts; and the offender shall be liable to the penaltics for importing goods prohibited by the customs.]

22. [Returns of diseases to be published.] 23-27. [Power to provide wharves, &c.]

28-30. [In the metropolis the mayor, aldermen, and commons of the city of London shall be the local authority. They may borrow money and erect a market.]

TION OF
DISEASE.

31-33. [An inspector, on receiving information of, or sus- IV. PREVENpecting the existence of cattle plague, pleuro-pneumonia, or sheep-pox, within his district, shall proceed to the place and discharge his duties.-32. He may enter any field, stable, cow-shed, Inspectors' duties. or other premises within his district, where he has reasonable grounds for supposing that there is any animal affected with disease; but shall, if required, state in writing his grounds for

so entering: any person who refuses him admission shall be Refusing admission to deemed guilty of an offence against this Act.*-33. His certificate inspector. that an animal is affected with disease shall be conclusive evi- *Penalty-s. 103. dence of the matter certified.]

34-44. [Where an inspector finds cattle plague or sheep-pox Infected places(c). within his district, he shall make a declaration, and deliver a

as the Privy Council prescribe.-They are not to be moved from the place of landing or lairs adjacent, except after 12 hours, or such other period as the Privy Council prescribe: or on a certificate from the veterinary inspector of the Customs that they are free from contagious disease.-They are not to be moved alive out of the port defined by the Privy Council.-Where a vessel has on board animals injured on the voyage, the owner or person in charge, or the master of the vessel, may, and shall if the inspector directs it, have the same slaughtered; but the carcase, &c., is not to be moved without the inspector's certificate (sched. 4).

(c) Regulations with respect to infected places.-No animal is to be moved alive out of such place.-No hide, skin, hair, wool, horn, hoof, or offal of any animal, is to be moved out of such place without a licence signed by the officer of the local authority that the thing moved is not part of an animal affected with cattle plague, or that has been in the same shed or stable, herd or flock, or in contact with an animal so affected, or that the thing moved has been disinfected.-The carcase, or a single portion of raw meat weighing more than 20 pounds, is not to be moved out of an infected place without a licence, as aforesaid, that the same is not part

-Declaration.

c. 70.

TION OF DISEASE,

Area.

32 & 33 Vict. notice thereof under his hand to the occupier of the field or other premises, and thereupon the same, with all lands and buildings IV. PREVEN- contiguous in the same occupation, shall be an infected place, and continue so until determined by the local authority.35. The inspector shall send a copy of such declaration to the Privy Council, and shall deliver the declaration to the local authority, who shall inquire into the correctness thereof, and prescribe the limits of the infected place, or declare the place not infected.--36. A local authority within their district, and the Privy Council at any place in Great Britain, may by order declare any field or other premises in which cattle plague or sheep-pox exists at the date of the order, or 7 days previously, to be infected.-37. The area of a place declared infected may include all lands and buildings contiguous in the same occupation, and also (except in the metropolis) an area comprised within 1 mile from the place in every direction.-38. A local authority may include in such area part of the district of another local authority, with the consent of that authority in writing.-39. The area declared infected by the Privy Council may include such an area as seems requisite.-40. In the Metropolis the Privy Council may extend the limits of an infected place beyond the premises where disease exists.-41. The area may be described by map or otherwise. 42. An order of a local authority declaring a place infected shall be published by notices posted near the place. That of the Privy Council shall be published in like manner at the expense of the local authority: any want of or defect in publication shall not invalidate any order.-43. Such orders shall be conclusive evidence of the existence of disease.-44. The rules (d) in sched. 6 shall have effect in infected places.]

Notices.

Rules.

Offences as to infected places.

45. If any animal, hide, skin, hair, wool, horn, hoof, offal, 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 *Penalty―s. 103. moved, shall be deemed guilty of an offence against this Act.*

Exception for railways.

Rules of Privy
Council.

46-48. [The rules for infected places shall not restrict the moving by railway of animals or things not stopped within the infected place. 47. The Privy Council may by order make rules

of an animal affected with cattle plague.—Any dung, or hay, straw, litter, or other thing used for or about animals, is not to be moved out of an infected place without a licence, as aforesaid, that the same has not been in contact with any animal affected with cattle plague, or that it has been disinfected.

Rules with respect to infected places as regards sheep-pox.-No sheep to be moved alive out of an infected place.—No skin, wool, horn, or hoof of any sheep, is to be moved out of an infected place without a licence, as aforesaid, that the same did not belong to any sheep forming part of a flock so affected, or that has been on a place in which that disease existed.-Sheds and places used by sheep so affected are to be disinfected (sched. 6).

(d) See preceding note.