Page:Halsbury Laws of England v1 1907.pdf/645

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Part IX.

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Diseases of Animals.

423

or the placing or keeping them on commons or etc. (d) uninclosed lands or in insufficiently fenced fields or on the sides of

highways,



highways (e) The Board may, moreover, make orders for seizing diseased or suspected animals which are being dealt with in contravention of

Sect.

By

2.

Statute.

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Seizure of suspected animals.

their orders (/)

Further, the Board may prohibit and regulate the move- Movement of animals, and the removal of carcases, fodder, litter, animals etc. and dung, and prescribe and regulate the isolation of animals newly purchased {g) and also prescribe and regulate the issue and production of licences respecting movement (li). A railway company may be convicted of moving animals, or Liability of railway causing, directing, or permitting animals to be moved, in contracompany. vention of the regulations of the local authority, although no party to the contract of consignment, if they actually convey them into a prohibited district (0, but they are entitled to refuse to carry animals at all where the regulations of the local authority are not strictly complied with {k). 913.

ment

of



Sub-Sect.

3.

Disinfection.

914. Besides prohibiting and regulating the holding of markets, fairs, exhibitions and sales of animals (I), the Board may also by order prescribe and regulate the cleansing and disinfection (m) of Cattle Plague Order, 1895, s. 6; Pleuro -pneumonia s. 5; Foot and Mouth Disease Order, 1895, s. 5 Sheep Pox Order, 1895, s. 4 Order, 1895, s. 6; Epizootic Lymphangitis Order, 1905, s. 6, Compare Yomujman V. Morris (1866). 15 L. T. 276. {(1) Diseases of Animals Act, 1894 (57 & 58 Vict. c. 57), s. 22 (xi.). Swine Fever Order, 1894, s. 16; Cattle Plague Order, (e) Ihid., s. 22 (xii.). 1895, s. 11; Pleuro-pneumonia Order, 1895, s. 15; Sheep Pox Order, 1895, s. 14. (/) Diseases of Animals Act, 1894 (57 & 58 Yict. c. 57), s. 22 (xiii.). Ihid., s. 22 (xvii.); Swine Fever Order, 1894, s. 6; Swine Fever (Infected (J/) Areas) Order, 19U2; Swine Fever (Eegulation of Movement) Order, 1903; Swine Fever (Eegulation of Movement) Order, 1906; Sheep Scab Order, 1905, Sheep Scab (Eegulation of Movement) Order, 1906 Cattle Plague ss. 2, 5, 9, 11 Order, 1895, ss. 5 (rr. 1 3), 7; Pleuro-pneumonia Order, 1895, ss. 5, 11; Foot a,nd Mouth Disease Order, 1895, ss. 6, 12, 13; Sheep Pox Order, 1895, s. 7. Swine (A) Diseases of Animals Act, 1894 (57 & 58 Vict. c. 57), s. 22 (xviii.)) Cattle Plague Order, 1895, s. 17 PleuroFever Order, 1894, ss. 20, 21 pneumonia Order, 1895, ss. 21, 22, 24; Foot and Moutk Disease Order, 1895, Sheep Pox Order, 1895, s. 26 Importation of Dogs Order, 1901,
 * ss. 28, 29, 31

If a licence is produced the justices have no power to inquire into ss. 1, 3. the sufficiency of the evidence upon which it was granted {Stanhoiie v. Thorshy <1866), L. E. 1 C. P. 423). (?) Midland Bail. Co. v. Freeman (1884), 12 Q. B. D. 629. {k) Williams V. Great Western Rail. Co. (1885), 52 L. T. 250. Cattle (0 Diseases of Animals Act, 1894 (57 ik, 58 Vict. c. 57), s. 22 (xix.). Plague Order, 1895, s. 11 (vi.) Sheep Pox Order, 1895, s. 14 (vi.) Pleuropneumonia Order, 1895, s, 14 Swine Fever (Markets and Fairs) Order, 1896. Hawking pigs is not "holding a sale" under the last-mentioned order; see McLean v. Monks (1898), 77 L. T. 663. See, generally, title Markets and Fairs. (m) Diseases of Animals Act, 1894 (57 & 58 Vict. c. 57), s. 22 (xx.). This power is exercised in nearly all the orders of the Board. As to disinfection by inspectors of the Board, see Swine Fever Order, 1894, s. 9, and Pleuropneumonia Order, 1895, s. 9. As to the owner being required to disinfect, see Swine Fever Order, 1894, s. 10; Foot and Mouth Disease Order, 1895, Sheep Scab Order, 1905, s. 8. In every 5. 10; Sheep Pox Order, 1895, s. 11

Fever Order, 1894,







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Disinfection,