PUBLIC HEALTH (ANIMALS AND BIRDS) ORDINANCE

PUBLIC HEALTH (ANIMALS AND BIRDS) ORDINANCE

CHAPTER 139.

PUBLIC HEALTH (ANIMALS AND BIRDS).

To consolidate and amend the law relating to quaranting and the
prevention of disease among animals and birds.

[1st January, 1936.]

1. This Ordinance may be cited as the Public Health

(Animals and Birds) Ordinance.

2. (1) In this Ordinance

animals means cattle, sheep, goats, all other ruminating animals, swine,
equines, and all other warm-blooded vertebrates except man and
birds;

'authorized landing place' means any place declared by this Ordinance
or any by-law made thereunder to be an authorized landing place
and any other place declared by the Council and notified in the
Gazette to be a landing place;

'birds' means poultry and all other birds which are ordinarily kept in a
state of captivity ;

'carcase' means the carcase of an animal or bird, and includes part of a
carcase and the meat, bones, hide, skin, hoofs, horns, offal or
other part of an animal or bird, separately or otherwise, or any
portion thereof;

'cattle' includes bulls, cows, oxen, heifers, calves and buffaloes;

'Council' means the Urban Council unless some other Council is
indicated;

'disease' includes cattle plague or rinderpest, septicaemia
haemorrhagica, pleuro-pneumonia contagiosa of cattle, foot and
mouth disease, sheep-pox, sheep scab, swine fever, anthrax,
glanders (including farcy), parasitic mange, epizootic
lymphangitis, ulcerative cellulitis, dourine, sarcoptic mange,
influenza, ringworm, strangles, anaplasmosis, fowl cholera, fowl-
pox, rabies, contagious bovine abortion, surra, red water (Texas
fever), buffalo disease, tuberculosis, Newcastle disease of poultry
and any other disease declared by the Council and notified in the
Gazette as included in the term disease for the purposes of this
Ordinance or any by-law made thereunder;

'equines' includes horses, asses, mules and all other equine animals;





'fodder' means grass or other substance commonly used for the food
of animals;

'litter' means straw or other substance commonly used for bedding or
otherwise for or about animals;
'poultry' includes domestic fowls, turkeys, ducks, pigeons and geese;

'segregation place' means any place appointed by the
Council to be a place where animals or birds may be confined and
isolated in order to prevent or mitigate disease or the spread of disease,
and includes the Government depots;
'Senior Veterinary Officer' includes any Veterinary Officer

authorized by the Governor to perform the duties of a Senior Veterinary
Officer under this Ordinance and also any assistant veterinary officer;
'special permit' means a written permission granted by and

in the discretion of the Senior Veterinary Officer.

(2) Other words and expressions used in this Ordinance shall bear
the same meanings as they have in the Quarantine and Prevention of
Disease Ordinance.

3. For the purpose of mitigating or preventing as far as may be
possible epidemic, endemic, infectious or contagious disease among
animals and birds the Council may make by-laws with regard to the
following matters-

(a)inspection, testing for disease, inoculation, detention,
segregation, housing, slaughtering transhipment, exportation,
possession and control of animals and birds;

(b) disposal of the dead bodies of animals and birds;

(c)construction, regulation, licensing, disinfection and
inspection of all places, vessels and vehicles in which animals
or birds are or have been kept or carried;

(d)fees to be paid for licences, housing, inspection, testing,
inoculation and disinfection;

(e)forfeiture without compensation of animals, birds and things
dealt with in contravention of any provision of this Ordinance
or of any by-law made thereunder;

(f) duties and obligations of persons having animals or birds in
their possession or under their charge;





(g)prohibition or regulation of the import or export of cattle into
or out of the Colony or any part thereof;

(h)isolation of cases of disease in animals and birds and the
regulation thereof;

(i)appointment, establishment and maintenance of places for
the observation or examination of cattle either on arrival or
prior to export;

(j) control and supervision by registration, licensing or
otherwise of depots, stables, pens, cattle-sheds and places
for keeping animals and birds;

(k)regular inspection of all places where animals and birds are
kept;

(l)slaughtering or isolating or keeping under observation of
any animal or bird that may appear to be or may be
reasonably suspected of being or of having been in contact
or in the same herd or flock with animals or birds affected
with disease, and the disposal of the carcase thereof;

(m)declaring any place or area to be infected with disease, and
prohibiting or regulating the movements of animals, birds or
persons into, within or out of any such infected place or area
and the removal of carcases, fodder, litter, utensils,
hurdles, pens, dung or other things into, within or out of
such infected place or area;

(n)offences in the case of contravention of any such by-laws
and prescribing forfeiture in respect thereof aiid penalties
therefor : Provided that no penalty so prescribed shall exceed
a fine of five thousand dollars;

(o)cleansing and disinfecting of any place which lias been
occupied by any animal or bird suffering frorn epidemic,
endernic, contagious or infectious discase.

4. All by-laws inade by the Urban Council shall be submitted to
the Governor and shall be subject to the approval of the Legislative
Council.

5. (1) No person shall knowingly bring into the Colony any animal
or bird suffering frorn disease.

(2) When information is received that any disease exists amongst
any animals or birds at any place without the Colony, the Governor
may issue an order prohibiting,





either absolutely or conditionally, the importation either by land or by
sea or the transhipment in the Colony of any animals or birds from any
such place.

(3) Every order issued under this section shall be published in the
Gazette at the earliest opportunity but shall come into operation
immediately upon the making of the order.

6. Whenever it appears to the Governor, after such inquiry as he
may consider necessary, that any disease exists among animals or
birds in the Colony or in any part of the Colony, he may by notification
in the Gazette issue aii order to regulate the movements of any
animals and birds within such areas as he may define in such order,
and to prohibit any animal or bird being taken into or removed from
such area. Every such area shall be deemed an infected place.

Compensation for animals slaughtered by order of the
Urban Council.

7. (1) Subject to the provisions of subsections (2), (3) and (4), the
Governor in Council shall direct the following compensation to be paid
out of the public revenue for any animal or bird slaughtered by order of
the Urban Council under the provisions of this Ordinance or of any by-
law thereunder

(a)where the animal slaughtered was affected with rinderpest or
swine fever, the compensation shall be one-half of its full
value immediately before it became so affected;

(b)where the animal slaughtered was affected with pleuro-
pneumonia, the compensation shall be threefourths of its full
value immediately before it became so affected;

(c)where the animal slaughtered was affected with foot and
mouth disease, the compensation shall be its full value.
immediately before it became so affected;

(d)where the animal slaughtered was affected with any other
kind of infectious disease among animals, the compensation
shall be such proportion of its full value immediately before it
became so affected as the Governor in Council may decide
after taking the advice of the Urhan Council;





(e)where the animal slaughtered was not affected with any kind
of infectious disease among animals, the compensation shall
be its full value immediately before it was slaughtered.

(2) The value of aii animal for the purposes of this section shall be
determined by the Governor in Council.

(3) The maximum compensation shall be one hundred and twenty
dollars in the case of a pig, and one thousand two hundred dollars in
the case of any other animal.

(4) In the case of the slaughter of a bird, the niaxirnurn
compensation payable shall be thirty dollars.

(5) Notwithstanding anything in this Ordinance, the Governor in
Council may, if lie thinks fit, withhold, either wholly or partially,
compensation for any animal or bird slaughtered by order of the Urban
Council where, in the opinion of the Governor in Council, the owner of
the animal or bird or the person having charge thereof has been guilty
in relation to the animal or bird of an offence against this Ordinance or
any by-law made thereunder or against any other Ordinance regulating
the importation of animals or birds into the Colony or the control of
animals or birds within the Colony

(6) Unless otherwise ordered by the Governor in Council, no
compensation shall be paid for any animal or bird which in the opinion
of the Urban Council shows symptoms of disease before it has been in
the Colon), for the period of incubation of the disease in question.

(7) It shall be lawful for the Governor in Council to define by
order, for the purposes of subsection (6), the, periods of incubation of
any diseases.

8. The Council may, notwithstanding anything in this Ordinance,
retain and reserve for observation or treatment any animal or bird liable
to be slaughtered under this Ordinance, but in every such case
compensation shall be payable as in the case of actual slaughter.

9. The Senior Veterinary Officer, or any person acting under his
direction, may seize any animal, bird or thing dealt with in
contravention of this Ordinance or of





any by-law thereunder, and the Council may order the forfeiture of such
animal, bird or thing, and the same shall thereupon be destroyed, sold
or otherwise disposed of as the Council may direct.

10. No compensation shall be paid in respect of any animal, bird or
thing forfeited under this Ordinance or any by-law thereunder, and
such forfeiture shall not prejudice or avoid any prosecution for breach
of this Ordinance or any by-law.

Penalties.

11. (1) Any person who contravenes any of the provisions of this
Ordinance shall be liable on summary conviction to a fine of one
thousand dollars, as well as to suffer any forfeiture that may be
prescribed therein.

(2) Ariy licence or permit issued under any by-law made under this
Ordinance shall be liable to cancellation by the Council for breach of
any by-law to which the holder of such licerice is subject, or for breach
of any condition of such licerice or permit.

Appeal to Governor in Council.

12. (1) Whenever any person is dissatisfied with the exercise of the
discretion of the Urban Council or of any person to whom discretionary
power is given under this Ordinance in respect of any act, matter or
thing which is by this Ordinance made subject to the exercise of the
discretion of such authority, or with any action or decision of the
Council or of any such person either as to the carrying out of or the
meaning of any of the provisions of this Ordinance, or whenever any of
the provisions of this Ordinance are, owing to special conditions,
undesirable the person so dissatisfied may, unless proceedings have
already been taken before a magistrate in relation thereto, appeal to the
Governor in Council, who, if in his opinion the exercise of such
discretion or such action or decision requires modification, revocation
or setting aside, or such special conditions exist as render any such
provision undesirable, may such order in respect thereof as may be
just.





(2) The grounds of such appeal shall be concisely stated in writing,
and the appellant may, if lie so desires, be present at the hearing of
such appeal and be heard in its support either by himself or by his
representative, and the Governor in Council shall thereafter determine
the matter in the absence of, and without further reference to, the
Urban Council.

13. (1) In any appeal under the provisions of section 12 the
Governor in Council inay at any time in his discretion direct a case to
be stated for the opinion of the Full Court on any question of law
involved in any appeal submitted to him. The terms of such case shall
be agreed upon by the parties concerned, or in the event of their failure
to agree shall be settled by the Full Court. The Full Court shall hear and
determine the question of law arising on any case stated as aforesaid,
and shall remit the matter to the Governor in Council who shall give
effect by order to the finding of the court. The costs of such hearing
shall be in the discretion of the court.

(2) Any party to the appeal shall be entitled to be heard by
counsel on the hearing of any case so stated.

(3) No proceedings by way of mandamus injunction, prohibition
or other order shall be taken against the Governor in Council in respect
of anything arising out of this section.

(4) The Clerk of Councils shall give the appellant seven days
notice of the hearing of the appeal, and shall at the same time furnish
the appellant with a copy of the evidence and documents submitted by
the respondent for the consideration of the Governor in Council :

Provided that notliing herein contained shall be deemed to
prevent any person from applying to the Supreme Court for a
mandamus, injunction, prohibition or other order, should he elect so to
do instead of appealing to the Governor in Council under section 12.

14. Every order of the Governor in Council on any appeal shall be
final and may be enforced by the Supreme Court as if it had been an
order of that court.





Limitation of Liability.

15. No matter or thing done by the Council or by any
member or officer of the Council or by any person whatsoever
acting under the direction of the Council shall, if it was done
bona fide for the purpose of executing this Ordinance, subject
them or any of them personally to any action, liability, claim or
demand whatsoever : Provided that nothing herein contained
shall exempt any person from ;my proceeding by way of
mandamus, injunction, prohibition or other order unless it is
expressly so enacted.
16 of 1935. 38 of 1936. 22 of 1950. 24 of 1950. Short title. Interpretation. 24 of 1950, Schedule. 24 of 1950, Schedule. G.N. 129 OF 1936. G.N.A. 143 of 1950. (Cap. 141.) Power to make by laws. [s. 3 cont.] By-laws subject to approval of Legislative Council. Restrictions on import of animals and birds. Movements of animals and birds with regard to infected areas. Compensation for animals or birds slaughtered by order of the Council. [s. 7 cont.] 24 of 1950, Schedule. 24 of 1950, Schedule. Retention for observation by order of the Council. Seizure of animal for contravention of by-laws. No compensation in case of forfeiture. Penalties. 22 of 1950, Schedule. Appeal to Governor in Council against decision of any person entrusted with power under this Ordinance. 38 of 1936, s. 2. [s. 12 cont.] Governor in Council empowered in any appeal to state case for the opinion of Full Court on question of law. 38 of 1936, s.2. Order of Governor in Council enforced by the Court. 38 of 1936, s.2. Limitation of liability of member of Council, etc.

16 of 1935. 38 of 1936. 22 of 1950. 24 of 1950. Short title. Interpretation. 24 of 1950, Schedule. 24 of 1950, Schedule. G.N. 129 OF 1936. G.N.A. 143 of 1950. (Cap. 141.) Power to make by laws. [s. 3 cont.] By-laws subject to approval of Legislative Council. Restrictions on import of animals and birds. Movements of animals and birds with regard to infected areas. Compensation for animals or birds slaughtered by order of the Council. [s. 7 cont.] 24 of 1950, Schedule. 24 of 1950, Schedule. Retention for observation by order of the Council. Seizure of animal for contravention of by-laws. No compensation in case of forfeiture. Penalties. 22 of 1950, Schedule. Appeal to Governor in Council against decision of any person entrusted with power under this Ordinance. 38 of 1936, s. 2. [s. 12 cont.] Governor in Council empowered in any appeal to state case for the opinion of Full Court on question of law. 38 of 1936, s.2. Order of Governor in Council enforced by the Court. 38 of 1936, s.2. Limitation of liability of member of Council, etc.

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