Page:Halsbury Laws of England v1 1907.pdf/654

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Animals.

432 Sect.

By



934. Inspectors {x), both of the Board and of local authorihave all the powers of constables, and in addition, on reasonable

2.

Statute.

Powers

of inspectors.

Appointment of inspectors by local authorities.

ties,

suspicion of disease, or of neglect of the provisions of, or regulations the principal Act, may enter any place or vessel. An inspector must, if required by the owner or occupier, state in writing his reasons for entering (</). An inspector of the Board and, if authorised by the Board, an inspector of a local authority, may enter premises and examine sheep (z). An inspector of the Board may detain ships (a). The certificate of a veterinary inspector is conclusive evidence in all Courts of justice that an animal is or was affected with the disease specified therein (b).

made under,

935. Local authorities appoint their own inspectors (c), but their inspectors are directly responsible to the Board for notification of disease (d) and other reports {e) the inspectors must also execute the orders of the Board, and if they act negligently in doing so Nor if a local authority the local authority is not answerable (/). fails to appoint inspectors and disease breaks out is it liable for damages or for a mandamus (g).

Sub-Sect. Unlawful landing of animals.

936. The most

9.

Offences.

against the Act is that of landing or attempting to land animals and other things in contravention of orders made under it this may be dealt with as an offence under the Customs Acts {It). serious

offence



937. Other offences may be prosecuted summarily, with a right

Punishment of offences.

appeal to quarter sessions (i). Acting without a licence, or with a false or stale licence, where a licence is required, fraudulently obtaining compensation, digging up carcases, and using vessels or vehicles for carrying animals when such use is prohibited, may be punished with imprisonment for two months with or without hard labour, or by a fine (k). The fine is not to exceed twenty pounds or if the offence is committed with respect to more than four animals, is not to exceed five pounds for each animal; or if in respect of carcases, dung, and other things, is not to exceed ten pounds for every half-ton after tlie first half-ton, in addition to twenty pounds (l). of



(x)

note

See definition in Diseases of Animals Act, 1894 (57

&

o8 Vict.

c.

57),

s.

59

425. ante. (y) Act of 1894, s. 44. (z) Diseases of Animals Act, 1903 (3 Edw. 7, c. 43), s. 2. (a) Diseases of Animals Act, 1894 (57 & 58 Vict. c. 57), s. 45. See Harris v. Smith (1880), 44 J. P. 361; Jamieson y. (6) Ibid., s. 44 (5). and Sheep Scab Order, 1905, s. 3. Doiv, (1900) 2 F. (Just. Cas.) 24 5'8 Vict. c. 57), s. 35. (c) Diseases of Animals Act, 1894 (57 & (b), p.



(d) (e)

I hid., Ihid.,

s. s.

8 (4). 36.

(/) Stanhury v. Exeter Corporation, [1905] 2 K. B. 838. Ir. 200. Kilmactlwmas Ouardians (1885), 18 L. (g) Midcaliy Y. The Customs (A) Diseases of Animals Act, 1894 (57 & 58 Vict. c. 57), s. 56. Consolidation Act, 1876 (39 & 40 Vict. c. 36), s. 42, enables customs authorities see title Eevenue. to destroy infected animals etc. {i) Diseases of Animals Act, 1894 (57 & 58 Vict. c. 57), ss. 54, 55.

R



[k) Ihid., {I)

Ihid.,

s.

s.

53.

51