Page:Halsbury Laws of England v1 1907.pdf/653

This page needs to be proofread.

Part IX. Board, lend them

money

Diseases of Animals.

431

To secure these loans the local their rates for any term not exceeding seven years (/), or the tolls levied upon their wharves (m), in which case the above restrictions as to amount of rate and term of years do not operate. {k).

may mortgage

authorities

Sect.

By

2.

Statute,

930. Local authorities must pay the expenses of the burial or Burial of destruction of carcases washed ashore, when such burial or destruc^^^^^^^ tion is done under the direction of a receiver of wreck with authority ashore, from the Board of Trade, but may recover such expenses from the owner of the vessel from which the carcases were thrown or washed, in the same manner as salvage is recoverable (n),

A

local authority being a county council may delegate any Committee powers or duties to a committee, or to a district council, or of county council. to the justices of the county sitting in petty sessions, excepting only the power to raise money by rate or loan (o). Local authorities may by agreement, to be approved by the Transfer of powers by Board, transfer their powers to one another, and form united local

931.

of their

districts {p).

authorities.

932. Further, the Board may make orders authorising local Regulations authorities to make regulations for any of the purposes of the by local authorities. principal Act {q) and it has exercised this power in nearly every order issued. Every local authority must at their own expense publish every Publication order etc. of the Board sent to them by the Board for publication (?'). of orders. ,

Sub-Sect.

Enforcement of Statutory Provisions.

8.

933. For the purpose of enforcing the Act the police (s) are empowered {inter alia) to stop and detain without warrant a person

who

is seen or found committing, or is reasonably suspected of being engaged in committing, an offence against the Act, and under An offence against the certain circumstances to arrest him (t). Act includes a contravention of an order of the Board or of a regulation of a local authority {u). {k) Diseases of Animals Act, 1894 (57 & 58 Yict. c. 57), s. 42. Any loan by the Public Works Loan Commissioners is to be made in the manner provided by the Public Works Loans (Money) Act, 1875 (38 & 39 Vict. c. 58), See title

Local

GovEiijs^MEisrT. (0 Diseases of Animals Act, 1894 (57 & 58 Vict. c. 57), s. 42 (1), (2), (5). (m) Ibid., s. 42 (5). (n) Ibid., s. 46. See title Admiralty. (o) Local Government Act, 1888 (51 & 52 Vict. c. 41), s. 28 (2), (3), and Diseases of Animals Act, 1894 (57 & 58 Vict. c. 57), s. 31, Sched. IV. (p) Diseases of Animals Act, 1894 (57 & 58 Vict. c. 57), s. 39. As to the validity of bye-laws so made, see Scott v. [q] Ibid., s. 22 (xxxiv.). Glasgoiu Corporation, [1899] A. 0. 470 ; and see title Local Government. (?) Act of 1894, s. 49 (4). (s) The police were not entitled to notice in writing before being sued, nor to have the action tried in the county where an alleged grievance was committed, under the statute 1 & 2 Will. 4, c. 41, s. 19 (repealed by the Public Authorities Protection Act, 1893 (56 & 57 Vict. c. 61)). See Bryson v. Russell (1884), 14 Q. B. D. 720. doubt they are entitled to the protection given by the latter Act. _

No

Diseases of Animals Act, 1894 (57 {u) Ibid., s. 52 (1). {t)

&

58 Vict.

c.

57), s.

43

(2).

Powers of police,