Page:Halsbury Laws of England v1 1907.pdf/644

 —

Animals.

422 Sect. 2.

By

Statute.

Isolation

and notice y

owners.

Notice to ^^Th -f Uncertain cases.

Orders as to ^^^^ ^lemo-^

Sub-Sect.

Isolation of Infected Animals.

2.

QIQ, Every person having in his possession or under his charge an animal affected with disease, must as far as practicable keep it separate from animals not so affected, and must give notice of the animal being affected to a local poHce constable (s), who must forthwith give information thereof to such person or authority as the Board by general order direct [t). In cases of cattle plague, pleuropneumonia, foot and mouth disease, sheep pox, swine fever and rabies the constable must immediately communicate with the Board by telegraph (u). In cases of pleuro-pneumonia and foot and mouth disease the constable must also give information of the receipt of the notice to inspector of the local authority (x), who is forthwith to report the same to In a case the Medical diseased or 911.

the local authority. anthrax the inspector must also forthwith report to Officer of Health of the sanitary district in which the suspected animal is or was (?/). of

is given power to make orders respecting animals pleuro-pneumonia or foot and mouth disease, while in

The Board

affected with

pneumonia or a market, fair, sale yard, place of exhibition, or slaughter-house, or foot and upon common or uninclosed land, or in transit, or generally while ^ place not in the possession or control of the owner of the disease

animals, as well as respecting animals being or having been in contact with animals so affected {z). All diseases.

the Board may make orders for an infected area (a) and for prohibiting and regulating the exposure of diseased or suspected animals in markets, fairs, or other public or private places where animals are commonly exposed for sale (h) or the sending of such animals, or of dung or other thing likely to spread disease, on railways, canals,

912. As regards

all diseases,

isolating animals being in





rivers or inland navigable waters, or in coasting vessels or otherwise (c) ; or the carrying, leading, or driving of such animals on (s) The burden of proof is on the accused to show that he gave the notice, not on the prosecution to show that he did not {Huggins v. PT^arS(1873), L. E. 8 Q. B. 521). But the accused cannot be convicted of not giving notice unless it is proved that he knew the animal was diseased [Nichols v. Hall (1873), L. E. 8 and compare Carroll v. Eivers (1873), Ir. E. 7 C. L. 226). C. P. 322 The Board have [t] Diseases of Animals Act, 1894 (57 & 58 Vict. c. 57), s. 4. directed such notice to be given to their secretary, 4, Whitehall Place, London, S.W. See Swine Pever Order, 1894 (5193), s. 1 Pleuro-pneumonia Order, 1895 Cattle Plague Order, 1895 (5288), s. 1; Poot and Mouth Disease (5289), s. 1 Sheep Pox Order, 1895 (5291), s. 1; Eabies Order, Order, 1895 (5290), s. 1 1897 (5578), s. 1 Epizootic Lymphangitis Order, 1905 (6962), s. 1. [u) See the respective Orders relating to these diseases ix) See p. 432, pos^. [ij) Anthrax Order, 1899 (5905). {z) Diseases of Animals Act, 1894 (57 & 58 Yict. c. 57), s. 21. (a) Ihid., s. 22 (iii.). [h) Ibid., sub-s. (ix). See Cattle Plague Order, 1895, s. 12; Pleuropneumonia Order, 1895, s. 16; Foot and Mouth Disease Order, 1895, s. 19; Sheep Pox Order, 1895, s. 15 Swine Pever Order, 1894, s. 17 Anthrax Order, Sheep Scab Order, 1905, s. 11. As to proof that the accused was 1899, s. 11















aware -(c)

of the disease, see Carroll v. Eivers, supra. Diseases of Animals Act, 1894 (57 & 58 Vict.

c.

57),

s.

22

(x.).

See Swine