CAP. XXXVII. Preamble. Governor in cattle, &c. An Act respecting Contagious Diseases affecting Animals. H [Assented to 22nd June, 1869.] ER Majesty, by and with the advice and consent of the 1. The Governor may, from time to time, by Order in Council, Council may prohibit the importation or introduction into Canada, or any prohibit the importation of part thereof, or into any particular port or ports thereof, of cattle, sheep, horses, swine or other animals, either generally or from any place or places that may be named in such order, for such period or periods as he may deem to be necessary for the purpose of preventing the introduction of any contagious or infectious disorder among animals in Canada. Governor in Council may establish a cattle. 2. The Governor may, from time to time, by Order in Council, make such regulations for subjecting sheep, cattle, horses, swine quarantine for or other animals to quarantine, or for causing the same to be destroyed upon their arrival in Canada, or for destroying any hay, straw, fodder or other article whereby it appears to him that contagion or infection may be conveyed, and generally may make such regulations with respect to the importation or introduction into Canada of animals, as he may consider to be necessary in order to prevent the introduction of any contagious or infectious disorders into Canada; and the Governor may also, by Order in Council, make such regulations as he may deem necessary for the keeping separate, treatment and disposal of and dealing generally with animals affected with contagious diseases, or suspected of being so affected, and for the prevention of the spread of contagious diseases. Penalty of importing cattle, &c., contrary to any such 3. If any sheep, cattle, horse, swine or other animal, be imported or introduced, or attempted to be imported or introduced into Canada, contrary to the provisions of any Order made in Order in Coun- pursuance of this Act, the same shall be forfeited and forthwith destroyed; and every person importing or introducing, or attempting to import or introduce any animal into Canada, contrary to the provisions of any such Order or regulation, shall be liable to a penalty of two hundred dollars for every animal so imported or introduced, or attempted to be imported or introduced by him. cil. Governor in make certain rogulations. 4. The Governor may, from time to time, by Order in CounCouncil may cil, make such regulations as to him may seem necessary for the purpose of prohibiting or regulating the removal to or from such parts of or places in Canada as he may designate in such order or regulations, of sheep, cattle, horses, swine or other animals, or of meat, skins, hides, horns, hoofs or other parts of any animals, or of hay, straw, fodder or other articles likely to propagate infection; and also for the purpose of purifying any any yard, stable, outhouse or other place, or any waggons, carts, carriages, cars or other vehicles, or any vessels; and also for the purpose of directing how any animals dying in a diseased state, or any animals, parts of animals, or other things seized under the provisions of this Act, are to be destroyed or otherwise disposed of, and also for the purpose of causing notices to be given of the appearance of any disorder among sheep, cattle, horses, swine or other animals, and to make any other orders or regulations for the purpose of giving effect to the provisions of this Act and again to revoke, alter or vary any such orders or regulations; and all provisions for any of the purposes aforesaid in any such Order in Council, contained shall have the like force and effect as if the same had been inserted in this Act; and every person offending Effect of reguagainst the same shall for each and every offence, forfeit and pay penalty for such sum, not exceeding one hundred dollars as the Governor contravention. may, in any case, direct to be forfeited and paid for contravention thereof. lations and 5. Every Order in Council made under the authority of this Orders in Act shall, within fourteen days after the issuing thereof, be Council to he published in twice published in the Canada Gazette; and in case any such Canada Order in Council, or any order or regulation in it applies to any Gazette. particular part of or place in Canada, then such Order in Council shall also be twice published within fourteen days after the issuing thereof, in some newspaper or newspapers circulating in the county or counties within which each of such parts or places, or any portion or portions thereof respectively, is or are situated. They may be seized, &c. 6. In case any animal infected with or laboring under any con- Penalty for tagious or infectious disorder, be exposed or offered for sale, or be fected animals bringing inbrought or attempted to be brought for the purpose of being ex- to market. posed or offered for sale in any market, fair or other open or public place where other animals are commonly exposed for sale, then, and in any such case, it shall be lawful for any clerk or inspector or other officer of such fair or market, or for any constable or policeman, or for any other person authorized by the mayor or reeve, or by any Justice of the Peace having jurisdiction in the place, or for any person authorized or appointed by the Governor, to seize the same, and to report the seizure to the mayor or reeve, or to any Justice of the Peace having jurisdiction in the place; and it shall be lawful for such mayor, reeve or justice, either to restore the same or to cause the same together with any pens, hurdles, troughs, litter, hay, straw or other articles, which he may judge likely to have been infected thereby, to be forthwith destroyed or otherwise disposed of, in such manner as he shall deem proper, or as may be directed, as hereinbefore provided; and any person bringing, or attempting to bring, any animal, into any such market, fair or open or public place as aforesaid, knowing such animal to be infected with or laboring under any contagious or infectious disorder shall, upon conviction thereof, forfeit and pay for each and every such offence a sum not exceeding one hundred dollars. Penalty for keeping in fected animals on any unenclosed land. Governor may define limits of Ports and 7. If any person turn out, keep or depasture any animal infected with or laboring under any contagious or infectious disorder, in or upon any forest, wood, moor, beach, marsh, common, waste land, open field, roadside or other undivided or unenclosed land, such person shall, on conviction thereof, forfeit and pay a sum not exceeding one hundred dollars. S. The Governor in Council, may, from time to time, by order, define the limits of ports for the purposes of this Act, and appoint appoint Ins- inspectors and other officers when deemed necessary. pectors. Duty of Inspector may enter certain premises. Penalty for refusing admission. Certificate of Inspector to be evidence. 9. Inspectors or other officers appointed as aforesaid, on receiving information of the supposed existence of any contagious disease among animals, shall proceed to the place mentioned, with all practicable speed and execute and discharge the duties relevant to their functions pursuant to the regulations before mentioned and the instructions received by them. 10. Any inspector or other officer appointed as aforesaid may, at any time, enter any common, common field, field, stable, cowshed or other premises within his district where he has reasonable ground for supposing that any animal affected with contagious disease is to be found, for the purpose of this Act, but shall, if required, state in writing, the grounds on which he has so entered: 2. If any person refuses admission to such inspector or officer acting under this Act, or regulations or orders passed in conformity with this Act, he shall be deemed guilty of an offence against this Act. 11. The certificate of an inspector or an officer as aforesaid to the effect that an animal is affected with a contagious disease shall, for the purposes of this Act, be prima facie evidence in all our courts of justice and elsewhere of the matter certified. Inspector may 12. Where an inspector finds contagious disease of animals to provisionally declare any exist within his district, he shall forthwith make a declaration place infected. thereof under his hand, and shall deliver a notice under his hand of such declaration to the occupier of the common, common field, field, stable, cowshed, or other premises where the disease is found, and thereupon the same, with all lands and buildings contiguous thereto in the same occupation, shall become and be an infected place, and the same shall be an infected place until the determination and declaration of the Governor relative thereto in this Act provided for: Report to and proceed 2. Where an inspector makes such a declaration of the existence of contagious disease of animals, he shall with all practicable speed send a copy thereof to the Minister of Agriculture, and if it appears that contagious disease exists as declared by the inspector, the Governor, on the Report of the Minister of Agriculture, shall so determine determine and declare, and shall prescribe the limits of the infected place; but if it appears that it did not exist as declared by the inspector, the Governor shall so determine and declare, and thereupon the place comprised in the inspector's declaration, or affected thereby shall cease to be an infected place. what to include. 13. The area of an infected place may in all cases of a declara- Area of infeotion by the Governor, include with the common, common field, ted place, field, stable, cowshed, or other premises in which contagious disease has been found to exist, such an area as to the Governor seems requisite; with respect to the cities, the Governor may from time And as resto time, by order, extend the limits of an infected place beyond the pects cities. boundaries of the common, common field, field, stable, cowshed, farm, or premises where cattle plague is declared or found to exist. 14. The area of an infected place may in any case be described Map or plan. by reference to a map or plan deposited at some specified place, or by reference to townships, parishes, farms, or otherwise. evidence. 15. An order of the Governor, declaring a place to be an in- of what the fected place shall be conclusive evidence in all courts of justice and order shall be elsewhere of the existence of disease and other matters in which the order proceeds. 16. Regulations and orders may be issued by the Governor, Governor may which shall have effect with respect to infected places to the fol- make regulalowing and such like purposes tions, 2. To prevent the removal of live animals, hide, skin, hair, offal For what of any animal, or any part thereof; the carcase or any remains of purposes. any animal; any dung of animal, and any hay, straw, litter, or other thing commonly used for or about animals, out of an infected place, without a license signed by an inspector or other officer appointed as aforesaid. with infected 17. If any animal, hide, skin, hair, wool, horn, hoof, offal, offences in carcase, meat, dung, hay, straw, litter, or other thing is moved connection in contravention of the rules of this Act with respect to infected places. places, any person moving the same, or causing the same to be moved, shall be deemed guilty of an offence against this Act. through in 18. The provisions of this Act with respect to infected places Movement shall not restrict the moving of any animal or thing by railway feed places through an infected place, such animal or thing not being detained allowed. within the infected place. stables, as to 19. Any constable may proceed as follows: He may apprehend Powers and any person found committing an offence against the provisions of this duties of conAct with respect to infected places, and he shall take any person so infected apprehended, as soon as conveniently may be, before a Justice of places. the Peace to be examined and dealt with according to law; and a person How places shall cease to be deemed infected. Local orders superseded. Inspector may give notice to occupiers of lands, &c., adjoining in fected places. Effect of notice. Penalty for entering an person so apprehended shall not be detained in custody by any constable without the order of a justice longer than is necessary for bringing him before a justice, or than twenty-four hours at longest; he may require that any animal or thing moved out of an infected place in contravention of those provisions be forthwith taken back within the limits of that place, and may enforce and execute such requisition. 20. The Governor may, at any time, by order, declare any place to be free from contagious disease; and thereupon, as from the time specified in this behalf in the order of the Governor, the place shall cease to be an infected place. 21. An order of the Governor relative to an infected place shall supersede any order of a local authority inconsistent with it. 22. Where, under this Act, an inspector makes a declaration which constitutes a place an infected place, he may also, if the circumstances of the case appear to him so to require, deliver a notice under his hand of such declaration to the occupiers of all lands and buildings adjoining thereto, any part whereof respectively lies within one mile of the boundaries of the infected place in any direction, and thereupon the provisions of this Act with respect to infected places shall apply and have effect to and in respect of those lands and buildings as if the same were actually within the limits of the infected place. 23. Where a person having cattle in his possession or keeping infected place within the district wherein contagious disease exists, affixes at the in contraven- entrance to a building or enclosed place in which such cattle are tion of notice. kept, a notice forbidding persons to enter into that building or place Duty of common carriers animals. without his permission, then, if any person not having a right of entry or way into that building or place, enters into the same, or any part thereof, in contravention to the notice, he shall for every such offence be liable to a penalty not exceeding twenty dollars. 24. Every steamboat company, railway company and other with respect to company, and every person carrying animals for hire to or in Canada, shall thoroughly cleanse and disinfect, in such manner as the Governor may from time to time by order in Council direct, all steamers, vessels, boats, pens, carriages, trucks, horse-boxes, and vehicles used by such company or person for the carrying of animals: Penalty for contravention. Power of Inspector to enter vessels. 2. If any company or person on any occassion fails to comply with the requirements of any such order in Council, such company or person shall, on every such occassion, be deemed guilty of an offence against this Act. 25. An inspector, or any officers authorized to execute this Act, may at all times enter on board any steamer, vessel or boat in respect whereof he has reasonable grounds for supposing that any company |