Page:Halsbury Laws of England v1 1907.pdf/655

 — — Part IX.

Diseases of Animals,

433

Sect. 2. General contravention of the Act or of orders or regulations under failing to keep an animal separate, or to give notice of disease, By Statute. failing to produce a licence, refusing to an inspector admission to premises, and throwing a diseased or suspected carcase into a river, may be punished by a similar fine, and on a further conviction within tw^elve months by imprisonment with or without hard labour for one month in lieu of a fine {m). In addition to these, every order of the Board specifies particular it,

offences against its provisions. The right to lay information for offences under these Acts is not restricted to local authorities, but prosecutions may be instituted by

a

common

informer

(/i).

Sub-Sect.

10.

— Carriage of Animals.

938. Eailway companies must see that animals are properly Provision of supplied wdth food and water on journeys, and they may charge the food and water. consignor and consignee for their expenses (o). The Board may make orders for insuring such supply both by land and sea (p), and also for protecting animals from unnecessary suffering while travelling by land and sea {q). The Board may also make orders prohibiting the use of any Eegulation vessel, vehicle, or pen etc. for the carrying of animals, in respect of of use of vehicles etc. the use of which a penalty has been previously recovered (r), and for regulating the marking of animals (s). Sub- Sect.

11.

Coius

and

Dairies.

939. The Local Government Board {t) may make orders for the Cows and ^^^^^'^^ registration of cowkeepers and dairymen {u), the inspection of cattle in dairies, the lighting, ventilating (^) and cleansing of the water supplies thereof, and for other matters, including the use of ,

(m) Diseases of Animals Act, 1894 (57 & 58 Yict. c. 57), s. 52. H. V. Stewart, [1896] 1 Q. B. 300. (o) Diseases of Animals Act, 1894 (57 & 58 Yict. c. 57), s. 23. See Cattle Plague Order, 1895, s. 13; Ip) Ibid., s. 22 (xxiv.), (xxvii.). Pleuro-pneumonia Order, 1895, s. 17 Foot and Mouth Disease Order, 1895, s. 20 Sheep Pox Order, 1895, s. 16 Water Supply on Eailways Order, 1895 (5306), Schedule I. (this is a list of the stations where a water supply must be kept) Exportation of Horses Order, 1898 (5886) Animals (Transit and (general) Order, 1895; Animals (Transit and General) (Amendment) Order, 1904; Sheep Scab Order, 1905, s. 13. (q) Diseases of Animals Act, 1894 (57 & 58 Vict. c. 57), s. 22 (xxv.), (xxvi.). See the provisions in Foreign Animals Order, 1903 ; Channel Islands Animals Order, 1896 Isle of Man Animals Order, 1896. (r) Act of 1894, s. 22 (xxix.). (s) Ibid., s. 22 (xxviii.). {t) Under s. 34 of the Contagious Diseases Act, 1878 (41 & 42 Yict. c. 74), the only section of that Act still in force. The power was transferred from the Privy Council to the Local Government Board by s. 9 of the Contagious Diseases (Animals) Act, 1886 (49 & 50 Yict. c. 32), and was transferred again to the Board of Agriculture and Fisheries by the Board of Agriculture Act, 1889 As to London the power is now derived from s. 28 of (52 & 53 Yict. c. 30). the Public Health (London) Act, 1891 (54 & 55 Yict. c. 76). (m) For definition of cowkeepers and dairymen, see UmfreviUe v. London County Council (1897), 66 L. J. (q. b.) 177 Southwell v. Leiuis (1880), 44 J. P. 796. {x) This includes air-space {Baker v. Williams, [1898] 1 Q. B. 23).













H.L.

—

I.