57 & 58 VICT. Cap. 57. XXIII. Provision of water and food at railway stations.—(1) Every railway company shall make a provision, to the satisfaction of the Board of Agriculture, of water and food, or either of them, at such stations as the Board, by general or specific description, direct for animals carried, or about to be or having been carried, on the railway of the company. (2) The water and food so provided, or either of them, shall be supplied to any such animal by the company carrying it, on the request of the consignor or of any person in charge thereof.1 1 See Curran v. M. G. W. of I. R.C. (1896), 2 Ir. R. 183. (3) As regards water, if, in the case of any animal, such a request is not made, so that the animal remains without a supply of water for twenty-four consecutive hours, the consignor and the person in charge of the animal shall each be guilty of an offence against this Act; and it shall lie on the person charged to prove such a request and the time within which the animal had a supply of water. (4) But the Board may, if they think fit, by order prescribe any other period, not less than twelve hours, instead of the period of twenty-four hours aforesaid, generally, or in respect of any particular kind of animals. (5) The company supplying water or food under this section may make in respect thereof such reasonable charges (if any) as the Board by order approve, in addition to such charges as they are for the time being authorised to make in respect of the carriage of animals. The amount of those additional charges accrued due in respect of any animal shall be a debt from the consignor and from the consignee thereof to the company, and shall be recoverable by the company from either of them, with costs, by proceedings in any court of competent jurisdiction. The company shall have a lien for the amount thereof on the animal in respect whereof the same accrued due, and on any other animal at any time consigned by or to the same consignor or consignee to be carried by the company. GENERAL ADMINISTRATIVE PROVISIONS. XLIV. General powers of inspectors.-(1) An inspector shall have, for the purposes of this Act, all the powers which a constable has, under this Act or otherwise, in the place where the inspector is acting. (2) An inspector may at any time enter any land or shed to which this Act applies, or other building or place wherein he has reasonable grounds for supposing (a) that disease exists or has within fifty-six days existed; or (b) that the carcase of a diseased or suspected animal is or has been kept, or has been buried, destroyed, or otherwise disposed of; or (c) that there is to be found any pen, place, vehicle, or thing in respect whereof any person has on any occasion failed to comply with the provisions of this Act, or of an order of the Board of Agriculture, or of a regulation of a local authority; or (d) that this Act or an order of the Board or a regulation of a local authority has not been or is not being complied with. (3) An inspector may at any time enter any pen, vehicle, vessel, or boat in which or in respect whereof he has reasonable grounds for supposing that this Act, or an order of the Board or a regulation of a local authority has not been or is not being complied with. (4) An inspector entering, as herein before by this section authorised, shall, if required by the owner, or occupier, or person in charge of the land, building, place, pen, vehicle, vessel, or boat, state in writing his reasons for entering. (5) A certificate of a veterinary inspector to the effect that an animal is or was affected with a disease specified in the certificate shall for the purposes of this Act be conclusive evidence in all courts of justice of the matter certified. (6) An inspector of the Board shall have all the powers of an inspector throughout England or that part thereof for which he is appointed, and in addition to the powers herein before conferred upon inspectors, an inspector of the Board may at any time, for the purpose of ascertaining whether pleuropneumonia, foot-and-mouth disease, or swine-fever exists, or has within fifty-six days existed, in any shed, land, or other place, enter such shed, land, or place. LVII. General provision as to procedure.—(1) Where the owner or person in charge of an animal is charged with an offence against this Act relative to disease or to any illness of the animal, he shall be presumed to have known of the existence of the disease or illness, unless and until he shows to the satisfaction of the court that he had not knowledge thereof, and could not with reasonable diligence have obtained that knowledge. (2) Where a person is charged with an offence against this Act in not having duly cleansed or disinfected any place, vessel, vehicle, or thing belonging to him or under his charge, and a presumption against him on the part of the prosecution is raised, it shall lie on him to prove the due cleansing and disinfection thereof. (3) A person charged with an offence against this Act may, if he thinks fit, tender himself to be examined on his own behalf, and thereupon he may give evidence in the same manner and with the like effect and consequences as any other witness. (4) Every offence against this Act shall be deemed to have been committed, and every cause of complaint or matter for summary proceeding under this Act or an order of the Board of Agriculture or regulation of a local authority shall be deemed to have arisen, either in any place where the same actually was committed or arose, or in any place where the person charged or complained of or proceeded against happens to be at the time of the institution or commencement of the charge, complaint, or proceeding. LIX. Interpretation and construction.—(1) In this Act, unless the context otherwise requires, the following terms have the meanings hereinafter respectively assigned to them, that is to say: the expression "cattle means bulls, cows, oxen, heifers, and calves: the expression "diseased " means affected with disease: the expression "suspected" means suspected of being diseased: the expression "carcase means the carcase of an animal, and includes part the expression "litter" means straw or other substance commonly used for the expression "railway company" includes a company or person working a railway under lease or otherwise : 1894. 57 & 58 VICT. Cap. 57. the expression "Order of Council" means an Order of the Privy Council under The Contagious Diseases (Animals) Acts, 1875 to 1886: the expression "order of the Board of Agriculture" means an order made by the Board of Agriculture under this Act or under any enactment by this Act repealed. (2) 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. SPECIAL PROVISIONS AS TO SCOTLAND. LXIII. Powers and qualifications of inspectors in Scotland.-(1) An inspector of the Board of Agriculture shall have all the powers of an inspector throughout Scotland or that part thereof for which he is appointed. (2) Any person may be appointed and be a veterinary inspector in Scotland who holds the veterinary certificate of the Highland and Agricultural Society of Scotland. LXIV. Legal proceedings in Scotland.-For the purposes of the application of this Act to Scotland (1) Any offence against this Act, may be prosecuted, and any fine in respect thereof may be recovered, and any money by this Act or an order of the Board of Agriculture made recoverable summarily may be recovered, and any summary order under this Act or an order of the Board may be made in manner provided by the Summary Jurisdiction (Scotland) Acts; (2) In the event of any person refusing or delaying to comply with the order of a local authority, the local authority may give information thereof to the procurator-fiscal of the county or burgh, who may apply to the sheriff for a warrant to carry such order into effect, and such warrant may be executed by the officers of court in common form ; (3) The section of this Act relating to appeals to quarter sessions shall not apply; (4) Notwithstanding anything in this or any other Act, the part of every fine or forfeiture recovered under this Act, which is not in this Act directed to be paid to the person who sues or proceeds for the same, shall be paid as follows: (a) to the Queen's and Lord Treasurer's Remembrancer, on behalf of her Majesty, when the court is the sheriff court : (b) to the collector of the county, in aid of the county general assessment portion of the consolidated rates of the county, when the court is the justice of the peace court: (c) to the treasurer of the burgh, in aid of the funds of the burgh, when the court is a burgh court and (d) to the treasurer of the board of police, or commissioners of police, in aid of the police funds, when the court is a police court; (5) Nothing in this section shall apply to proceedings under the Customs Acts. SCHEDULES. THE FIRST SCHEDULE. PART I. Pleuro-Pneumonia. 1. Cattle shall not be moved into or out of a place infected with pleuro-pneumonia, except where, as regards movement into such a place, the cattle are affected with pleuro pneumonia, and except in such other cases as the Board of Agriculture think fit by order to except. 2. In the cases so excepted by order cattle may be moved into or out of an infected place on conditions prescribed by order of the Board, and not otherwise. 3. Cattle may be moved into, within, or out of such parts of an area infected with pleuro-pneumonia as are not comprised in a place infected with pleuro-pneumonia, by licence of the local authority, granted on conditions prescribed by order of the Board, and not otherwise. PART II. 1. Animals shall not be moved into or out of a place infected with foot-and-mouth disease except where, as regards movement into such a place, the animals are affected with foot-andmouth disease, and except in such other cases as the Board of Agriculture think fit by order to except. 2. In the cases so excepted by order animals may be moved into or out of an infected place on conditions prescribed by order of the Board, and not otherwise. 3. Animals may be moved into, within, or out of such parts of an area infected with foot-and-mouth disease as are not comprised in a place infected with foot-and-mouth disease, by licence of the local authority, granted on conditions prescribed by order of the Board, and not otherwise. THE LIGHT RAILWAYS ACT, 1896.—59 & 60 VICT. Cap. 48. AN ACT TO FACILITATE THE CONSTRUCTION OF LIGHT RAILWAYS IN GREAT 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. Establishment of Light Railway Commission.-(1) For the purpose of facilitating the construction and working of light railways in Great Britain,1 there shall be established a commission, consisting of three commissioners, to be styled the Light Railway Commissioners, and to be appointed by the President of the Board of Trade. 1 See also 31 & 32 Vict. c. 119, secs. 27-29, and Law of Rlys. Part ix. (2) It shall be the duty of the Light Railway Commissioners to carry this Act into effect, and to offer, so far as they are able, every facility for considering and maturing proposals to construct light railways. (3) If a vacancy occurs in the office of any of the Light Railway Commissioners by reason of death, resignation, incapacity, or otherwise, the President of the Board of Trade may appoint some other person to fill the vacancy, and so from time to time as occasion may require. (4) There shall be paid to one of the commissioners such salary, not exceeding one thousand pounds a year, as the Treasury may direct. (5) The Board of Trade may, with the consent of the Treasury as to number and remuneration, appoint and employ such number of officers and persons as they think necessary for the purpose of the execution of the duties 1894. 1896. 59 & 60 VICT Cap. 48. of the Light Railway Commissioners under this Act, and may remove any officer or person so appointed or employed. (6) The said salary and remuneration, and all expenses of the Light Railway Commissioners incurred with the sanction of the Treasury in the execution of this Act shall, except so far as provision is made for their payment by or under this Act, be paid out of moneys provided by Parliament. (7) The Commissioners may act by any two of their number. (8) The powers of the Light Railway Commissioners shall, unless continued by Parliament, cease on the thirty-first day of December one thousand nine hundred and one. II. Application for orders authorising light railways.-An application for an order authorising a light railway under this Act shall be made to the Light Railway Commissioners, and may be made (a) by the council of any county, borough, or district, through any part of which the proposed railway is to pass; or (b) by any individual, corporation or company; or (c) jointly by any such councils, individuals, corporations, or companies. III. Powers of local authorities under order.—(1) The council of any county, borough, or district, may if authorised by an order under this Act (a) undertake themselves to construct and work, or to contract for the construction or working of, the light railway authorised; (b) advance to a light railway company, either by way of loan or as part of the share capital of the company, or partly in one way and partly in the other, any amount authorised by the order; (c) join any other council or any person or body of persons in doing any of the things above mentioned; and (d) do any such other act incidental to any of the things above mentioned as may be authorised by the order. (2) Provided that— (a) an order authorising a council to undertake to construct and work or to contract for the construction or working of a light railway, or to advance money to a light railway company, shall not be made except on an application by the council made in pursuance of a special resolution passed in manner directed by the First Schedule to this Act; and (b) a council shall not construct or work or contract for the construction or working of any light railway wholly or partly outside their area, or advance any money for the purpose of any such railway, except jointly with the council of the outside area, or on proof to the satisfaction of the Board of Trade that such construction, working, or advance is expedient in the interests of the area of the first-mentioned council, and in the event of their being authorised so to do, their expenditure shall be so limited by the order as not to exceed such amount as will, in the opinion of the Board of Trade, bear due proportion to the benefit which may be expected to accrue to their area from the construction or working of the railway. IV. Loans by Treasury.-(1) Where the council of any county, borough, or district, have advanced or agreed to advance any sum to a light railway company, the Treasury may also agree to make an advance to the company by lending them any sum not exceeding one quarter of the total amount required for the purpose of the light railway and not exceeding the amount for the time being advanced by the council. Provided that the Treasury shall not advance money to a light railway company under this section, unless at least one-half of the total amount |