Contagious Diseases (Animals) Act 1878
Contagious Diseases (Animals) Act, 1878
(41 & 42 Vict.) CHAPTER 74.
An Act for making better provision respecting Contagious and Infectious Diseases of Cattle and other Animals; and for other purposes.
[16th August 1878]
B E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Part I.—General .
1 Short title.
1. This Act may be cited as theContagious Diseases (Animals) Act, 1878.
2 Commencement of Act.
(1)2.—(1.) This Act shall, except as otherwise expressed, commence and have effect from and immediately after the thirtieth day of September one thousand eight hundred and seventy-eight, which time is in this Act referred to as the commencement of this Act.
(2) (2.) But on and after the passing of this Act any Order of Council and Order in Council necessary or proper for bringing this Act into operation at the commencement thereof, and any order or regulation of a local authority authorised by any such Order of Council or in Council, may be made so that the same do not take effect before the commencement of this Act; and on and after the passing of this Act any committee and any inspector or other officer may be appointed to act under this Act as from the commencement thereof.
3 Division of Act into parts.
3. This Act is divided into parts, as follows:
Part I.—General,
Part II.—England.
Part III.—Scotland.
Part IV.—Ireland.
4 Repeal of enactments in schedule, with savings and other provisions.
(1)4. (1.) The enactments described in the First Schedule are hereby repealed, subject to the qualifications and exceptions in this Act mentioned.
(2) (2.) The repeal of enactments or any other thing in this Act shall not—
(i.) Affect the past operation of any of those enactments, or any Order of Council or in Council or regulation of a local authority made, or any licence granted, or any committee or sub-committee constituted, or any appointment made, or any right, title, obligation, or liability accrued, or any money borrowed, or any market, wharf, lair, landing-place, or other accommodation provided, or any rate or mortgage made, or the validity or invalidity of anything done or suffered, under any of those enactments before the commencement of this Act.
(ii.) Interfere with the institution or prosecution of any action or proceeding, civil or criminal, in respect of any offence committed against, or penalty or forfeiture incurred or liability accrued under or in consequence of, any of those enactments or any order or regulation made thereunder:
(iii.) Take away or abridge any protection or benefit given or to be enjoyed in relation thereto.
(3) (3.) Notwithstanding the repeal of enactments or any other thing in this Act, every Order of Council and in Council and other thing in this section mentioned shall continue and be as if this Act had not been passed; but so that the same may be revoked, altered, or otherwise dealt with under this Act, as if it had been made or done under this Act.
(4) (4.) This Act, instead of the Contagious Diseases (Animals) Act, 1869 , shall be deemed to be referred to in the Destructive Insects Act, 1877 ; and penalties under the provisions of that Act relating to Great Britain shall be recoverable in manner provided in Parts II. and III. of this Act.
5 Interpretation and construction.
(1)5.—(1.) In this Act—
(i.) ‘Cattle’ means bulls, cows, oxen, heifers, and calves:
(ii.) ‘Animals’ means, except where it is otherwise expressed, cattle, sheep, and goats, and all other ruminating animals, and swine:
(iii.) ‘Disease’ means cattle plague (that is to say, rinderpest, or the disease commonly called cattle plague), contagious pleuro-pneumonia of cattle (in this Act called pleuro-pneumonia), foot-and-mouth disease, sheep-pox, or sheep-scab:
(iv.) ‘Diseased’ means affected with disease:
(v.) ‘Suspected’ means suspected of being diseased:
(vi.) ‘Carcase’ means the carcase of an animal, and includes part of a carcase, and the meat, bones, hide, skin, hoofs, horns, offal, or other part of an animal, separately or otherwise, or any portion thereof:
(vii.) ‘Fodder’ means hay or other substance commonly used for food of animals:
(viii.) ‘Litter’ means straw or other substance commonly used for bedding or otherwise for or about animals:
(ix.) ‘Foreign,’ applied to a country, denotes a country out of the United Kingdom of Great Britain and Ireland, and applied to animals and things, means brought to the United Kingdom of Great Britain and Ireland from a foreign country:
(x.) ‘Inspector of the Privy Council’ or ‘inspector of a local authority’ means a person appointed to be an inspector for purposes of this Act, by the Privy Council, or by a local authority, as the case may be; and ‘inspector,’ used alone, means such a person, by whichever authority appointed:
(xi.) ‘Veterinary inspector’ means an inspector being a member of the Royal College of Veterinary Surgeons, or any veterinary practitioner qualified as approved by the Privy Council:
(xii.) ‘Treasury’ means the Commissioners of Her Majesty's Treasury:
(xiii.) ‘The Corporation of London’ means the Mayor and Commonalty and Citizens of the City of London, acting by the Mayor, Aldermen, and Commons of that City, in Common Council assembled:
(xiv.) ‘The Customs Acts’ means the Customs Consolidation Act, 1876 , and any enactment amending, or substituted for that Act:
(xv.) ‘Justice’ means justice of the peace:
(xvi.) ‘Court of summary jurisdiction’ means two or more justices sitting in petty sessions at a court or other public place appointed in that behalf, or a police, stipendiary, or other magistrate or officer, however designated, having by law power to act for any purpose with the authority of two justices, and sitting at a police court or other place appointed in that behalf:
(xvii.) ‘Railway company’ includes a company or persons working a railway under lease or otherwise:
(xviii.) ‘Person’ includes a body corporate or unincorporate:
(xix.) ‘Part’ means part of this Act, and ‘Schedule’ means Schedule to this Act:
(2) The schedules shall be construed and have effect as part of this Act.
(3) (3.) In the computation of time for purposes of this Act, a period reckoned by days from the happening of an event or the doing of an act or thing shall be deemed to be exclusive of the day on which the event happens or the act or thing is done.
Part II .—England .
6 Extent of Part II.
6. Part II. applies to England.
7 Definition of county and other districts.
7. In and for purposes of Part II.—
(i.) ‘County’ does not include a county of a city or a county of a town, but includes a riding or division or parts of a county having a separate commission of the peace:
(ii.) The liberty of the Isle of Ely and the soke of Peterborough are each a county:
(iii.) Every other liberty or franchise of a county is part of the county by which it is surrounded, or, if partly surrounded by two or more counties, is part of that county with which it has the longest common boundary:
(vi.) Every place not being a county, borough, part of the Metropolis, or named in the Second Schedule, forms part of the county to the county rate whereof it is assessed, or, if it is not so assessed, forms part of the county wherein it is situate.
Privy Council.
8 Powers of Privy Council.
(1)8.—(1.) In this Act Her Majesty's Most Honourable Privy Council is referred to as the Privy Council, and an Order of the Privy Council under this Act is referred to as an Order of Council.
(2) (2.) Powers by this Act conferred on the Privy Council may be exercised by the Lords and others of the Privy Council, or two of them; and, as regards the making of orders and doing of acts affecting only particular local authorities, persons, ports, towns, districts, places, areas, vessels, or things, and as regards the issuing and revocation of licences, and the appointment or removal of inspectors and other officers, may be exercised by the Lord President of the Council or one of Her Majesty's Principal Secretaries of State.
Local Authorities.
9 Local authorities described in schedule.
9. For the purposes of this Part, the respective districts, authorities, rates, and officers described in the Second Schedule, shall be the district, the local authority, the local rate, and the clerk of the local authority, but subject as regards the Metropolis to the following provisions:
(i.) The Corporation of London shall alone be the local authority in and for the Metropolis for purposes of the provisions of this Act relating to foreign animals:
(ii.) The City of London and the liberties thereof shall contribute for purposes of this Act to the Metropolitan Consolidated Rate:
(iii.) No part of the expenses of the local authority for a county shall be included in any precept or warrant for the levying or collection of a county rate within the Metropolis.
Cattle Plague.
10 Declaration of infected place in cattle plague by inspector.
(1)10.—(1.) Where it appears to an inspector that cattle plague exists, or has within...
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