The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1879-12-09 00:00:00

ABBOTSBUZY.

THII RAILWAY Wow throigh DOM. misunderstand.
ins were responded this week; but they will be started
again on Monday next. Pron tlie &aviary on
2 heredity.

YIOVIL.

-
Rarommd DISUSED PIM —ln the Queen's Bench di-
Tidos on Wednesday, Harris, appellant,,, Smith, moon-
dent, was a case which raised question of some import-
ance under the Contagious Diseases Act. It was an
party who had been convicted and fined by
atr"magt ante. at Yeovil for expos.* PP the lueedelt
sallering from typhoid fever, the 'question raised being
whether, under the Acts anOrders, the certificate of the
veterinary surgeon is to be taken in such • proceeding as
conclusive of the animals suffering from disease, SOU to
exclude evidence on the part of the defendant to show the
animals were not, in fact, soffecing from demur, or that,
if they were no. be did not know it, nor had any reason-
able means of knowledge The Act of HAS provides the
certificate of a duly qualified veterinary surgeon, that the
animals are suffering from dime**, is to he taken.. con.
choice for the purposes of the Art; but then that Act
only spectfies certain disestess, &moue which typhoid fever
Is not specified. The Act, however, gives the Privy
Council powers to make orders extending the operation of
the Ad, and there had been such an order specifying
swine neeriag from typhoid fever, but only for the
=of entry under eon 53, and not saying generally.
being the enactments on the point, and there being
an order in Council making it unlawful to expose pigs
suffering from typhoid fever, one Hanle, farmer at Rock-
land Newton, in Doreetahlre, was summoned for unlaw.
fully agreeing 10 pigs for sale in Yeovil market eufforing
from typhoid fever. The inspector of police observed
them, and, thinking they appeared to be suffering
from the themes, he had them inspected by •
duly qualified veterinary garrison appointed ae in.
specter, and be gave a certificate that they were
suffering from the diocese, which was peodnd before
the maddest's and which they bald sufficient and con-
clusive, declining to receive evidence on the part of the
defendant to show the animals in fact were not suffering
from the disease, or that, even if they were so, he had no
knowledge of it, and could not with reasonabi, diligence
hove had such knowledge, not upon that the prisoner
was convicted and fined l. for each pig, amounting to XI,
with CS 10a 61. for mete together .C 3 10e. Id. Tbe
order on which the charge was framed says that it shall
be unlawful to expose diseased animals for sale And
sec. OD of the Act says Chet anyone is to tie guilty of an
offeboo who, without lawful authority, or excuse, doe
auything by any order declared to be unlawful There Is
a subsequent section (een (16) which gays that knowledge
shall be prised fele poseumed, and that the Darden of
disproving it shall lie on the acensed. Under these
circumstances the defendant appealed. me. Lard
(instructed by Yr. R. N. Howard, of Weymouth)
=ran his behalf, and urged the order respecting
eefferhag from typhoid fever only sisd far
the purpose of justifying entry and seisure of the animals
for the purpose of public protection, and not for the
purpose of conviction and fine, and thst, therefore, the
certificate was not conclusive as to the fact of diem.% and
area if it were so, still that, usder sec. Of, the defendant
ought to be allowed to give evidence that he had so
knowledge of the existence of disease. Mr. IL Cary
Batten appeared on the other side; but on this latter
Pant the Court thought, although the certificate was
conclusive as to the fart of disease, still that evidence was
admiseible to show the defendant had no !knowledge. or
MOW of knowledge, which would be good lawful
excuse." The more absence of knowledge would not
, excuse blot, but the absence of any means of knowledge I
appeared to be • sufficient "lawful excuse,- and there-
fore the came was sent back to the magistratee to receive
the evidence and re-hear the case.
ffintaaMe WASILIL—Beet Table Water known. I prefer
it to the other Mineral Waters before the public. (Pro-
fessor Weaklyn's Rama Bold everywhere. Retail fis.
per doom Pinta; 85. weg ler
ottm 066.1
matainin4Qeur aim 1114. or TOO Ptlkcillitro,
Ida —The Offiapeay. 71; liaaborreiscos.
aadqs. &