animal shall, if so required in writing by the Ministry or the Local Authority, or an Inspector of the Ministry or of the Local Authority, give the Ministry or the Local Authority, or the Inspector, as the case may be, all such information as he possesses as to the animal and its movement and as to the persons in whose possession or under whose charge it is or has been, and any person who refuses to give such information or gives false information shall according to and in respect of his own acts and defaults be deemed guilty of an offence against the Act of 1894: Provided that any information given under this Article shall not be available as evidence against the person giving the same in any prosecution under the Act of 1894 except in respect of an offence under this Article.

includes any

(2) In this Article the expression "disease disease which by an Order of the Minister is declared to be a disease for the purposes of the Act of 1894, or any of its provisions, either generally or in their application to a District or part of a District.

Ascertainment of Value for Compensation in England and

Wales.

13. (1) Where under the Act of 1894 or any Order it is necessary that the value of an animal should be ascertained in England or Wales for the purpose of compensation payable by the Minister, the value shall, subject to the provisions of any such Order, be ascertained as follows:

(i) If within fourteen days after the receipt of notice in writing from an Inspector or Officer of the Ministry of the valuation of the animal the owner of the animal or his agent does not give a counter-notice in writing stating in effect that he disputes the valuation made on behalf of the Minister, the compensation shall be paid on that valuation.

(ii) If the owner, or his agent gives such a counter-notice then the question of the value of the animal shall by virtue of this Order stand referred to the arbitration of a single arbitrator, and the provisions of the Arbitration Act, 1889, (a) shall apply to the reference and arbitration, as if the same were pursuant to a submission, except in so far as that Act is inconsistent with the provisions of this Article.

(iii) An arbitrator may be appointed by an agreement in writing signed by an Inspector or Officer of the Ministry and by the owner of the animal or his agent. (iv) In case no such agreement is entered into within fourteen days after the service of the counter-notice by the owner or his agent, either party may, having given notice to the other party of the place and time of his intended application, apply to a court of summary

(a) 52-3 V. c. 49.

jurisdiction to appoint an arbitrator and such court may accordingly appoint an arbitrator, as if such court were a court or judge within the meaning of the Arbitration Act, 1889.

(v) The arbitrator shall make his award in writing ready for delivery within thirty days after the date of his

appointment.

(vi) If on the arbitration a higher valuation is awarded than the valuation specified in the notice given by the Inspector or Officer of the Ministry, then the Minister shall pay the costs of the reference and award and all costs incurred by the owner with respect to the arbitration, but otherwise the costs of the reference and award and all costs incurred by the Minister with respect to the arbitration may be deducted by the Minister from the sum payable to the owner as compensation under the award. The arbitrator may tax or settle the amount of costs to be paid or deducted by the Minister under this Article.

(2) Where the compensation is payable by a Local Authority, the provisions of this Article shall apply to the ascertainment of the value of the animal for compensation, and shall be read and have effect as if the Local Authority were mentioned therein instead of the Minister and the Ministry.

Ascertainment of Value for Compensation in Scotland.

14. (1) Where under the Act of 1894, or any Order, it is necessary that the value of an animal should be ascertained in Scotland for the purpose of compensation payable by the Minister, the value shall, subject to the provisions of any such Order, be ascertained as follows:

(i) If within fourteen days after the receipt of notice in writing from an Inspector or Officer of the Ministry of the valuation of the animal the owner of the animal or his agent does not give a counter-notice in writing stating in effect that he disputes the valuation made. on behalf of the Minister, the compensation shall be paid on that valuation.

(ii) If the owner or his agent gives such a counter-notice, then the question of the value of the animal shall be determined by a valuer who shall be appointed as follows:

(iii) Such valuer may be appointed by an agreement in writing signed by an Inspector or Officer of the Ministry and by the owner of the animal or his agent. (iv) In case no such agreement is entered into within fourteen days after the service of the counter-notice by the owner or his agent, either party may, having given notice to the other party of the place and time of his intended application, apply to the sheriff-substitute to

appoint a valuer, and the sheriff-substitute may accordingly appoint a valuer for the purpose of determining the value of the animal.

(v) The valuer shall make his valuation in writing ready for delivery within thirty days after the date of his ap

pointment, and his valuation shall be final and binding on the Minister and the owner.

(vi) If a higher valuation is determined by the valuer than the valuation specified in the notice given by the Inspector or Officer of the Ministry, then the Minister. shall pay the costs and expenses of the valuation and all costs incurred by the owner with respect to the valuation, but otherwise the costs and expenses of the valuation and all costs incurred by the Minister in relation thereto may be deducted by the Minister from the sum payable to the owner as compensation in accordance with the valuation of the valuer, who may tax or settle the amount of costs to be paid or deducted by the Minister under this Article.

(2) Where the compensation is payable by a Local Authority the provisions of this Article shall apply to the ascertainment of the value of the animal for compensation, and shall be read and have effect, as if the Local Authority were mentioned therein instead of the Minister and the Ministry.

Cremation of Diseased and Suspected Carcases.

15. Any carcase required by any Order of the Minister to be disposed of by the Local Authority may, notwithstanding anything in the Order prescribing the mode of disposal, be destroyed by the Local Authority by exposure to a high temperature upon the farm or premises upon which the carcase is or upon the nearest available premises suitable for the purpose, but the carcase shall not be taken into the District of another Local Authority without the previous consent of that Local Authority.

Digging up of Carcases.

16. It shall not be lawful for any person except under and in accordance with the provisions of a licence of the Minister or the permission in writing of an Inspector of the Ministry to dig up, or cause to be dug up, the carcase of any animal that has been buried.

Revocation.

17. The Order No. 5741, dated 1st February, 1898, (a) the Order of the Minister No. 1234, dated 5th January, 1923, (b) and the Diseases of Animals (Arbitration) Order of 1924, (c) are hereby revoked.

(a) Printed in Lond. Gaz., February 1, 1898 (not in S.R. & O. series). (b) S.R. & O. 1923, No. 15 (printed Lond. Gaz., January 9, 1923, not in S.R. & O. series).

(c) S.R. & O. 1924 (No. 120) p. 61.

Commencement.

18. This Order shall come into operation on the first day of June, nineteen hundred and twenty-seven.

Short Title.

19. This Order may be cited as the Animals (Miscellaneous Provisions) Order of 1927.

In witness whereof the Official Seal of the Minister of Agriculture and Fisheries is hereunto affixed this fourth day of April, ninteen hundred and twenty-seven.

(L.S.)

F. L. C. Floud,

Secretary.

STATUTORY RULES AND ORDERS,

1927, No. 369.

ANIMAL.

Diseases of Animals.

THE ANIMALS (LANDING FROM IRELAND, CHANNEL ISLANDS AND ISLE OF MAN) (AMENDMENT) ORDER OF 1927. DATED APRIL 27, 1927.

(4437.)

The Minister of Agriculture and Fisheries, by virtue and in exercise of the powers vested in him under the Diseases of Animals Acts, 1894 to 1925, and of every other power enabling him in this behalf, hereby orders as follows:

Amendment of Animals (Landing from Ireland, Channel Islands and Isle of Man) Order of 1923, with respect to Swine.

1. The Animals (Landing from Ireland, Channel Islands and Isle of Man) Order of 1923, (a) hereinafter referred to as the principal Order," shall be read and have effect as if Article 3 thereof (Additional restrictions applicable to Landing of Swine from Ireland) and Article 4 (Provisions as to Movement of Swine and Licences for such Movement) were revoked, and the following Article substituted therefor :

Additional Restrictions applicable to Landing of Swine from Ireland."

64

3.-(1) The landing in Great Britain of swine brought from Ireland shall be subject to the following additional provisions:

(2) (i) Swine not intended for immediate slaughter shall be accompanied on landing by the following additional documents, namely:

(a) a declaration in the Form A set forth in the Second Schedule to this Order or to the like effect signed by the occupier of the premises

(a) S.R. & O. 1923, No. 376 (printed in London Gazette, March 30, 1923, not in S.R. & O. series).