406 VETERINARY HYGIENE 



within the district of the local authority, or search any cart or vehicle, or any 

 barrow, basket, sack, bag or parcel, in order to inspect and examine and may 

 inspect and examine : 



(a) Any animal alive or dead intended for the food of man which is exposed 

 for sale, or deposited in any place or is in course of transmission for 

 the purpose of sale, or of preparation for sale; and 



(&) Any article, whether solid or liquid, intended for the food of man, and 

 sold or exposed for sale, or deposited in any place or in course of 

 transmission for the purpose of sale, or of preparation of sale, the 

 proof that the same was not exposed or deposited or in course of trans- 

 mission for any such purpose, or was not intended for the food of man, 

 resting with the person charged ; and if any such animal or article 

 appears to such medical officer or sanitary inspector or veterinary 

 surgeon to be diseased or unsound or unfit for the food of man, he may 

 seize and carry away the same himself or by an assistant in order to have 

 the same dealt with summarily by a sheriff, magistrate or justice : 

 Provided that in the case of any proceeding under this section with 

 regard to a living animal, the medical officer or sanitary inspector, 

 unless he is himself a qualified veterinary surgeon, shall be accompanied 

 by a veterinary surgeon. 



The police force of each police area shall have power to search carts or 

 vehicles or barrows, baskets, sacks, bags, or parcels, and to assist 

 generally in executing and enforcing this section. 



(2) If it appears to a sheriff, magistrate or justice that any animal or article 

 which has been seized or is liable to be seized under this section is diseased 

 or unsound or unfit for the food of man, he shall condemn the same, and order 

 it to be destroyed or so disposed of as to prevent it from being exposed for 

 sale or used for the food of man; and the person to whom the same belongs 

 or did belong at the time of sale or exposure for sale or deposit or transmission 

 for the purpose of sale, or of preparation for sale, or in whose possession or on 

 whose premises the same was found, shall be liable to a penalty not exceeding 

 50 for every animal or article, or if the article consists of fruit, vegetables, 

 corn, bread or flour, for every parcel thereof so condemned, unless he proves 

 that he and the person acting on his behalf (if any) did not know, and could not 

 with reasonable care have known, that it was in such a condition, or, where the 

 proceedings are before a sheriff, at the discretion of the court, if it finds that he 

 has knowingly and wilfully committed the offence, he shall be liable, without the 

 infliction of a penalty, to imprisonment for a term of not more than three months, 

 with or without hard labour, and also to pay all expenses caused by the seizure, 

 detention or disposal thereof : Provided that if such person proves that the 

 animal or part thereof condemned was within a reasonable time prior to the 

 seizure thereof examined upon the premises where the animal was slaughtered 

 and passed by a veterinary surgeon, approved as aforesaid, called in for the 

 purpose, and he shall have granted a certificate of passing as nearly as may be 

 as in the next subsection, he shall be exempt from penalty or imprisonment 

 under this section for such offence. 



(3) Each local authority, or two or more local authorities in combination, 

 may, if they think fit, appoint a place or places within its district or their 

 districts, and fix a time or times at which a veterinary surgeon shall attend 

 for the purpose of examining any animal alive or dead which may there be 

 submitted to him, and passing and condemning the same, and such veterinary 

 surgeon shall, on receipt of a fee fixed by the local authority, and paid by the 

 owner, examine and pass or condemn in whole or in part any animal or carcase 

 so submitted to him; and if he shall pass the same he shall grant a certificate 

 stating the name of the owner, date and hour of the examination, and such 

 particulars regarding the animal or carcase as the local authority may prescribe 

 for the purpose of subsequent identification; if he shall condemn the animal or 

 carcase or part thereof, the animal or part condemned shall be retained and be 

 forthwith destroyed by the local authority, or so disposed of as to prevent it 

 from being exposed for sale or used for the food of man, and the owner shall 

 be entitled to .the net price realised, from the residual product of the carcase 



