trustees, or local authority as are referred to in the said sections, and the words companies and company occurring therein shall be read accordingly.

VIII. Partial repeal of recited Acts.-The recited Acts, and all other laws, statutes, and usages, shall be, and the same are hereby repealed, in so far as necessary to give effect to the provisions of this Act, but in all other respects they shall remain in full force and effect.

1894.

THE RAILWAY AND CANAL TRAFFIC ACT, 1894.-57 & 58 VICT.
CAP. 54.

AN ACT TO AMEND THE RAILWAY AND CANAL TRAFFIC ACT, 1888.[25th August 1894.]

Preamble. Be 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:

I. Complaints as to rates or charges raised since 1892.-(1) Where a railway company have, either alone or jointly with any other railway company or companies, since the last day of December one thousand eight hundred and ninety-two directly or indirectly increased, or hereafter increase directly or indirectly, any rate or charge, then if any complaint is made that the rate or charge is unreasonable, it shall lie on the company to prove that the increase of the rate or charge is reasonable, and for that purpose it shall not be sufficient to show that the rate or charge is within any limit fixed by an Act of Parliament or by any Provisional Order confirmed by Act of Parliament.1

1 See Rickett, Smith & Co. v. M.R., L.R. (1896), 1 Q.B. 260, 9 R. & C. T. Ca. 107; Mapperley Col. Co. v. M.R.C. (1896), 65 L.J. Q.B. 272, 9 R. & C. T. Ca. 147; Charlaw and Sacriston Col. Co. v. N.E. R.C. (1896), 9 R. & C. T. Ca. 140; Mansion House Assoc. v. G. W.R. L. R. (1895), 2 Q.B. 141, 9 R. & C. T. Ca. 58; Manchester and Northern Co. Fed. of Coal Traders Assoc. v. L. and Y. R. C. (1897), 76 L.T. 786.

(2) Under and subject to any regulations which may be made by the Board of Trade, every railway company shall keep the books, schedules, or other papers, specifying all the rates, charges, and conditions of transport in use upon such railway on the thirty-first day of December one thousand eight hundred and ninety-two, open for inspection at its head office, and shall upon demand supply copies of or extracts from such books, schedules, and papers.

(3) The Railway and Canal Commissioners shall have jurisdiction to hear and determine any complaint with respect to any such increase of rate or charge, but not until a complaint with respect thereto has been made to and considered by the Board of Trade under section thirty-one of The Railway and Canal Traffic Act, 1888.1

1 The Railway Commissioners have jurisdiction to deal with a complaint of increase on charges for cartage in spite of the provisions for arbitration in the Railway Rates and Charges Acts. Mansion House Assoc. v. L. and N.W.R., L.R. (1896), 1 Q.B. 273, 9 R. & C. T. Ca. 174. But as to the reasonableness apart from the increase, see ibid. per Collins, J.

(4) Unless the court shall before or at the hearing of the complaint otherwise order, a complainant to the Railway and Canal Commissioners

57 & 58 VICT. Cap. 54.

under this section shall, before or within fourteen days after filing his complaint, pay to the railway company such sum in respect of any rate or charge complained of as would have been payable by him to them had the rate or charge in force immediately before the increase remained in force; or if that rate or charge is higher than the rate or charge in force on the last day of December one thousand eight hundred and ninety-two, then such sum as would have been payable on the footing of the last mentioned rate or charge; any dispute as to the amount so payable shall be decided by the registrar, or in such other mode as the court may order, but such payment or decision shall be without prejudice to any order of the court upon the complaint.

(5) Section twelve of The Railway and Canal Traffic Act, 1888, shall apply in the case of any such complaint, and in the case of any rate or charge increased before the passing of this Act shall have effect as if six months after the passing of this Act were substituted for the limit of one year therein mentioned, but the Board of Trade may, if they think fit, extend the said period of six months with respect to any complaints made to them during that period.

II. Restrictions on power to award costs. In proceedings before the Railway and Canal Commissioners, other than disputes between two or more companies, the commissioners shall not have power to award costs on either side, unless they are of opinion that either the claim or the defence has been frivolous and vexatious.1

1 See Rickett, Smith & Co. v. M.R., L. R. (1896), 1 Q. B. 260, 9 R. & C. T. Ca. 107; Mansion House Assoc. v. G. W.R., L. R. (1895), 2 Q.B. 141, 9 R. & C. T. Ca. 58.

III. Amendment of 36 & 37 Vict. c. 48, sec. 14, as to division of rates.-The provisions of section fourteen of The Regulation of Railways Act, 1873, with respect to the power to make orders and failure to comply with such orders, shall extend to any rates entered in books kept in pursuance of section thirtyfour of The Railway and Canal Traffic Act, 1888.

IV. Rebate on sidings rates.-Whenever merchandise is received or delivered by a railway company at any siding or branch railway not belonging to the company, and a dispute arises between the railway company and the consignor or consignee of such merchandise as to any allowance or rebate to be made from the rates charged to such consignor or consignee in respect that the railway company does not provide station accommodation or perform terminal services, the Railway and Canal Commissioners shall have jurisdiction to hear and determine such dispute, and to determine what, if any, is a reasonable and just allowance or rebate.1

1 See Pidcock v. M., S., and L. R. C. (1895), 9 R. & C. T. Ca. 45; Watson, Todd & Co. v. M.R.C. (1896), 9 R. & C. T. Ca. 90; Corpn. of Birmingham v. M.R.C. (1896), 9 R. & C. T. Ca. 165.

V. Short title.-This Act may be cited as 'The Railway and Canal Traffic Act, 1894," and shall be read with The Railway and Canal Traffic Acts, 1873 to 1888.

THE DISEASES OF ANIMALS ACT, 1894.-57 & 58 VICT. CAP. 57.

AN ACT TO CONSOLIDATE THE CONTAGIOUS DISEASES (ANIMALS) Acts,

1878-1893. [25th August 1894.]

XI. Movement into, within, or out of infected places and areas in case of pleuro-pneumonia and foot-and-mouth disease.-(1) Cattle shall not be moved into, within, or out of a place or area infected with pleuro-pneumonia otherwise than in accordance with the conditions contained in Part. I of the First Schedule to this Act.

(2) Animals shall not be moved into, within, or out of a place or area infected with foot-and-mouth disease otherwise than in accordance with the conditions contained in Part II. of the First Schedule to this Act.

EXCEPTIONAL POWERS FOR TRANSIT, AND IN OTHER CASES.

XXI. Board of Agriculture to provide for pleuro-pneumonia or foot-andmouth disease during transit, etc.-(1) The Board of Agriculture shall, by order, make such further or other provision as they think necessary or expedient respecting the case of animals found to be affected with pleuro-pneumonia or foot-and-mouth disease

(i.) while exposed for sale or exhibited in a market, fair, sale-yard, place of
exhibition, or other place; or

(ii.) while placed in a lair or other place before exposure for sale; or
(iii.) while in transit or in course of being moved by land or by water; or
(iv.) while in a foreign animals' wharf or foreign animals' quarantine
station; or

(v.) while being in a slaughter-house or place where animals are slaughtered
or are kept with a view to slaughter; or

(vi.) while being on common or unenclosed land; or

(vii.) generally, while being in a place not in the possession or occupation or under the control of the owner of the animals.

(2) The Board shall, by orders under this section, make such provision. as they think fit for the consequences under this Act of animals being so found in the circumstances aforesaid, as well with regard to the animals as with regard to the places where they are when so found and other places, and with regard to animals being or having been in the same shed or stable, herd or flock, or in contact, with animals so found.

(3) The Board may, by orders under this section relating to particular places, make such provision as they think fit for the consequences aforesaid.

(4) Every order under this section shall have full effect notwithstanding any provision of this Act requiring the declaration of a place infected with pleuro-pneumonia or foot-and-mouth disease or relating to any consequence thereof, or to any matter connected herewith, and notwithstanding any other provision whatsoever of this Act.

DISEASE AND MOVEMENT, GENERALLY.

XXII. Power for Board of Agriculture to make orders for prevention or checking of disease, and other purposes.-The Board of Agriculture may make such orders as they think fit, subject and according to the provisions of this Act, for the following purposes, or any of them :—

(i.) for prescribing and regulating the publication by placards, handbills,

1894.

57 & 58 VICT. Cap. 57.

or otherwise, in the immediate neighbourhood of a place or area declared infected, of the fact of such declaration;

(ii.) for prohibiting or regulating the movement of animals and persons into, within, or out of an infected place or area;1

1 See Williams v. G. W. R.C. (1885), 52 L.T. 250 ; M.R.C. v. Freeman (1884), 12 Q.B. D. 629.

(iii.) for prescribing and regulating the isolation or separation of animals being in an infected place or area;

(iv.) for prohibiting or regulating the removal of carcases, fodder, litter,
utensils, pens, hurdles, dung, or other things into, within, or out of an
infected place or area;

(v.) for prescribing and regulating the destruction, burial, disposal, or
treatment of carcases, fodder, litter, utensils, pens, hurdles, dung, or
other things, being in an infected place or area, or removed thereout;
(vi.) for prescribing and regulating the cleansing and disinfection of
infected places and areas, or parts thereof;

(vii.) for prescribing and regulating the disinfection of the clothes of
persons coming in contact with or employed about diseased or suspected
animals, or being in an infected place, and the use of precautions against
the spreading of disease by such persons;

(viii.) for prohibiting or regulating the digging up of carcases which have
been buried;

(ix.) for prohibiting or regulating the exposure of diseased or suspected
animals in markets or fairs or sale-yards, or other public or private
places, where animals are commonly exposed for sale, and the placing
thereof in lairs or other places adjacent to or connected with markets
or fairs, or where animals are commonly placed before exposure for sale;
(x.) for prohibiting or regulating the sending or carrying of diseased or
suspected animals, or of dung or other thing likely to spread disease,
or the causing the same to be sent or carried, on railways, canals, rivers,
or inland navigations, or in coasting vessels, or otherwise;
(xi.) for prohibiting or regulating the carrying, leading, or driving of
diseased or suspected animals, or the causing them to be carried, led,
or driven on highways or thoroughfares, or elsewhere;

(xii.) for prohibiting or regulating the placing or keeping of diseased or
suspected animals on commons or unenclosed lands, or in fields or other
places insufficiently fenced, or on the sides of highways;

(xiii.) for prescribing and regulating the seizure, detention, and disposal of a diseased or suspected animal exposed, carried, kept, or otherwise dealt with in contravention of an order of the Board; and for prescribing and regulating the liability of the owner or consignor or consignee of such animal to the expenses connected with the seizure, detention, and disposal thereof;

(xiv.) for prescribing the mode of ascertainment of the value of an animal slaughtered, or liable to be slaughtered, by order of the Board or of a local authority;

(xv.) for regulating applications for, and the mode of payment of, compensation to be paid out of money provided by Parliament;

(xvi.) for prescribing and regulating the destruction, burial, disposal, or treatment of carcases of animals slaughtered by order of the Board or of a local authority, or dying while diseased or suspected;

(xvii.) for prohibiting or regulating the movement of animals, and the removal of carcases, fodder, litter, dung, and other things, and for prescribing and regulating the isolation of animals newly purchased;

(xviii.) for prescribing and regulating the issue and production of licences
respecting movement and removal of animals and things;
(xix.) for prohibiting or regulating the holding of markets, fairs, exhibitions,
and sales of animals;

(xx.) for prescribing and regulating the cleansing and disinfection of places
used for the holding of markets, fairs, exhibitions, or sales of animals,
or for lairage of animals, and yards, sheds, stables, and other places used
for animals;
(xxi.) for prescribing and regulating the cleansing and disinfection of
vessels, vehicles, and pens and other places, used for the carrying of
animals for hire or purposes connected therewith ;1

1 See Shaw v. G. S. and W. R.C. (1881), 8 L. R. Ir. 10; Cox v. G.E. R. (1869), 4 L. R. C.P. 181.
(xxii.) for prescribing modes of cleansing and disinfection;

(xxiii.) for prohibiting the conveyance of animals by any specified vessel
to or from any port in the United Kingdom for such time as the Board
may consider expedient;

(xxiv.) for insuring for animals carried by sea a proper supply of food and
water and proper ventilation during the passage and on landing;

(xxv.) for protecting them from unnecessary suffering during the passage
and on landing ;

(xxvi.) for protecting animals from unnecessary suffering during inland
transit;

(xxvii.) for securing a proper supply of water and food to animals during
any detention thereof;

(xxviii.) for prescribing and regulating the marking of animals;
(xxix.) for prohibiting, absolutely or conditionally, the use, for the carrying
of animals or for any purpose connected therewith, of a vessel, vehicle,
or pen or other place in respect whereof, or of the use whereof, a penalty
has been recovered from any person for an offence against this Act;
(xxx.) for prescribing and regulating the muzzling of dogs, and the keeping
of dogs under control;

(xxxi.) for prescribing and regulating the seizure, detention, and disposal
(including slaughter) of stray dogs and of dogs not muzzled, and of
dogs not being kept under control, and the recovery from the owners of
dogs of the expenses incurred in respect of their detention;

(xxxii.) for prescribing and regulating the payment and recovery of
expenses in respect of animals;

(xxxiii.) for prescribing and regulating the form and mode of service or
delivery of notices and other instruments;

(xxxiv.) for authorising a local authority to make regulations for any of the
purposes of this Act or of an order of the Board subject to such condi-
tions, if any, as the Board, for the purpose of securing uniformity and
the due execution of the provisions of this Act, think fit to prescribe;
(xxxv.) for extending, for all or any of the purposes of this Act, the
definition of disease in this Act, so that the same shall for those
purposes, or any of them, comprise any disease of animals in addition
to the diseases mentioned in this Act;

(xxxvi.) for extending, for all or any of the purposes of this Act, the
definition of animals in this Act, so that the same shall for those
purposes, or any of them, comprise any kind of four-footed beasts, in
addition to the animals mentioned in this Act; and

(xxxvii.) generally, for the better execution of this Act, or for the purpose of in any manner preventing the spreading of disease.

1894.