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BARBED WIRE ACT, 1893.

(56 & 57 VICT. Cap. 32) (p).

An Act to prevent the use of Barbed Wire for Fences in Roads, Streets,
Lanes and other Thoroughfares (q).

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[27th July 1893.]

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1. This Act may be cited for all purposes as the Barbed Wire Act, Short title. 1893.

2. In this Act

The expression "barbed wire" means any wire with spikes or Interpretajagged projections; and the expression "nuisance to a

(p) This Act concerns county councils in their capacity as highway authorities in respect of main roads. See Local Government Act, 1888, s. 11, ante, p. 21. The following cases are in point with reference to the subject matter of this Act, though they were decided before its passing.

A landowner erected upon his own land by the side of a public road in Scotland a fence of barbed wire, and the road trustees brought an action to have it removed on the ground that it was dangerous to persons and cattle lawfully using the road. The fence was placed about three feet from the boundary line between the road and the landowner's property, and stood entirely upon his land. Held, that the action lay, but, upon the defendant undertaking so to alter and protect the fence as to remove the danger, the action was dismissed. Elgin Road Trustees v. Innes, 14 Ct. Sess. Cas. (4th ser.) 48. The occupier of certain land adjoining a public footpath fenced it off from the footpath by barbed wire set back nine feet from the path. Held, that he was liable in damages to a man who tore his clothes on the barbs whilst making way for other persons to pass him on the footpath. Bird v. Frost, 56 J. P. 164. Plaintiff and defendant were adjoining landowners, and defendant was bound to maintain a boundary fence between their lands for their mutual benefit. Defendant caused a gap in the fence to be made up with barbed wire, which was placed three feet within his own boundary. Plaintiff afterwards put a mare into his field, and she injured herself on the wire. Held, that the wire was so placed as to be dangerous to cattle lawfully put by the plaintiff into his field, and that defendant was liable in damages for the injury to the mare. Bennett v. Blackmore, 26 L. J. 228; 90 L. T. 395. Defendants erected a fence of barbed wire between their railway line and plaintiff's farm. Sheep grazing on plaintiff's farm were injured by coming in contact with the wire. Held, that the defendants were liable for the damage occasioned to the sheep. M'Quillan v. Crommelin Iron Ore Co. 26 Ir. L. T. Rep. 15. Lands belonging to plaintiff and defendant, who were adjoining owners, were separated by an old quickset fence. hedge defendant dug up and replaced by a new one of young quicks, which he protected by a barbed wire fence of a very severe character, set up with plaintiff's acquiescence on plaintiff's land. Plaintiff then turned out a mare to graze on his land, and she was injured. Held, that defendant was liable. Shipton v. Lucas, 92 L. T. 297. Defendant put up a barbed wire fence separating his land from a public footpath, and plaintiff was walking along the footpath when a sudden gust of wind blew his coat against the fence, and it was torn. No negligence or want of skill or care in the erection of the fence was imputed to the defendant, but the county court judge held that the fence as constructed and placed was dangerous to the public using the footpath and a nuisance. This decision was affirmed on appeal to the High Court. Stewart v. Wright, 57 J. P. 137; affirmed 9 T. L. R. 480.

This

A valuable collection and review of the American cases on the subject will be found in 95 L. T. 419.

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(9) This title must not be taken to limit the meaning of the term highway as used in the Act. A cul-de-sac may be a highway. Bateman v. Bluck, 18 Q. B. 870; 21 L. J. Q. B. 406; 17 Jur. 386.

tion.

Sect. 2.

Removal of

barbed wire where nuisance to highway.

Proceedings where local authority is occupier of the land.

Expenses of local autho

rity.

highway," as applied to barbed wire, means barbed wire which may probably be injurious to persons or animals lawfully using such highway:

In England and Wales the expression "local authority" means any county council, any urban sanitary authority, any sanitary authority in London, any highway board, and any other local authorities existing, or that may be hereafter created by Parliament, having control over highways (r).

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3.-(1.) Where there is on any land adjoining a highway within the county or district of a local authority a fence made with barbed wire, or in or on which barbed wire has been placed, and such barbed wire is a nuisance to such highway, it shall be lawful for such local authority to serve notice in writing upon the occupier of such land requiring him within a time therein stated (not to be less than one month nor more than six months after the date of the notice) to abate such nuisance.

(2.) If on the expiration of the time stated in the notice the occupier shall have failed to comply therewith, it shall be lawful for the local authority to apply to a court of summary jurisdiction (s), and such court, if satisfied that the said barbed wire is a nuisance to such highway, may by summary order (t) direct the occupier to abate such nuisance; and on his failure to comply with such order within a reasonable time the local authority may do whatever may be necessary in execution of the order, and recover in a summary manner the expenses incurred in connexion therewith (u).

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4. Where the local authority are the occupiers of the land, proceedings under this Act may be taken by any ratepayer within the district of the local authority, and a notice to the local anthority to abate the nuisance shall be deemed to be properly served if it is served upon the clerk of the local authority, and any ratepayer taking proceedings may do all acts and things which a local authority is empowered to do.

5. Any expenses incurred by a local authority in the execution of this Act shall be defrayed in like manner as the expenses of the local authority incurred in respect of any highways (x).

(r) The remainder of this section only applies to Scotland and Ireland. Highway boards are now in most cases superseded by rural district councils under s. 25 of the Local Government Act, 1894, post, p. 621.

(s) As defined by s. 13 (11) of the Interpretation Act, 1889 (52 & 53 Vict. c. 63).

(t) Without appeal, except by case stated under s. 33 of the Summary Jurisdiction Act, 1879.

(u) The next sub-section relates only to Ireland.

(x) In the case of a county council, these expenses will be charged to the general county account. See Local Government Act, 1888, ss. 11 (1), 68, ante, pp. 21, 130.

FERTILISERS AND FEEDING STUFFS ACT, 1893.

(56 & 57 VICT. Cap. 56) (y).

An Act to amend the Law with respect to the sale of Agricultural
Fertilisers and Feeding Stuffs. [22nd September 1893.]

fertiliser.

1.-(1.) Every person who sells for use as a fertiliser of the soil Warranty any article manufactured in the United Kingdom or imported from on sale of abroad shall give to the purchaser an invoice stating the name of the article and whether it is an artificially compounded article or not, and what is at least the percentage of the nitrogen, soluble and insoluble phosphates, and potash, if any, contained in the article, and this invoice shall have effect as a warranty by the seller of the statements contained therein.

(2.) For the purposes of this section an article shall be deemed to be manufactured if it has been subjected to any artificial process.

(3.) This section shall not apply to a sale where the whole amount sold at the same time weighs less than half a hundredweight.

ing stuff.

2.-(1.) Every person who sells for use as food for cattle any Warranty on article which has been artificially prepared shall give to the pur- sale of feedchaser an invoice stating the name of the article and whether it has been prepared from one substance or seed, or from more than one substance or seed, and this invoice shall have effect as a warranty by the seller of the statements contained therein.

(2.) Where any article sold for use as food for cattle is sold under a name or description implying that it is prepared from any particular substance, or from any two or more particular substances, or is the product of any particular seed, or of any two or more particular seeds, and without any indication that it is mixed or compounded with any other substance or seed, there shall be implied a warranty by the seller that it is pure, that is to say, is prepared from that substance or those substances only, or is a product of that seed or those seeds only.

(3.) On the sale of any article for use as food for cattle there shall be implied a warranty by the seller that the article is suitable for feeding purposes.

(4.) Any statement by the seller of the percentages of nutritive and other ingredients contained in any article sold for use as food for cattle, made after the commencement of this Act in an invoice of such article or in any circular or advertisement descriptive of such article, shall have effect as a warranty by the seller.

(y) This Act requires every county council to appoint or join with other councils (county or borough) in appointing a district agricultural analyst for the purpose of analysing fertilizers of the soil and feeding stuffs for cattle on the request of a purchaser. The Act creates offences in connection with the adulteration of these articles and enables county councils to institute prosecutions for such offences.

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Sect. 3 (1).

Penalties for breach of

duty by seller.

Power to appoint analysts.

3.-(1.) If any person who sells any article for use as a fertiliser of the soil or as food for cattle commits any of the following offences, namely:

(a.) Fails without reasonable excuse to give, on or before or as soon as possible after the delivery of the article, the invoice required by this Act; or

(b.) Causes or permits any invoice or description of the article sold by him to be false in any material particular to the prejudice of the purchaser; or

(c.) Sells for use as food for cattle any article which contains any ingredient deleterious to cattle, or to which has been added

any ingredient worthless for feeding purposes and not disclosed at the time of the sale,

he shall, without prejudice to any civil liability, be liable, on summary conviction, for a first offence to a fine not exceeding twenty pounds and for any subsequent offence to a fine not exceeding fifty pounds.

(2.) In any proceeding for an offence under this section it shall be no defence to allege that the buyer, having bought only for analysis, was not prejudiced by the sale.

(3.) A person alleged to have committed an offence under this section in respect of an article sold by him shall be entitled to the same rights and remedies, civil or criminal, against the person from whom he bought the article as are available to the person who bought the article from him, and any damages recovered by him may, if the circumstances justify it, include the amount of any fine and costs paid by him on conviction under this section, and the costs of and incidental to his defence on such conviction.

4.-(1.) The Board of Agriculture shall appoint a chief agricultural analyst (hereafter referred to as the chief analyst), who shall have such remuneration out of moneys provided by Parliament as the Treasury may assign. The chief analyst shall not while holding his office engage in private practice.

(2.) Every county council shall, and the council of any county borough may, appoint or concur with another council or other councils in appointing for the purposes of this Act a district agricultural analyst (hereafter referred to as a district analyst) for its county or borough, or a district comprising the counties or boroughs of the councils so concurring. The remuneration of any such district analyst shall be provided by the council, or in the case of a joint appointment by the respective councils in such proportions as they may agree, and shall be paid, in the case of a county, as general expenses (z), and, in the case of a county borough, out of the borough fund or borough rate. The appointment shall be subject to the approval of the Board of Agriculture. Provided that

(*) These expenses will be paid out of the county fund. See Local Government Act, 1888, s. 68, ante, p. 130,

no person shall while holding the office of district analyst engage in Sect. 4 (2). any trade, manufacture, or business connected with the sale or importation of articles used for fertilising the soil or as food for cattle.

have fertiliser

5.-(1.) Every buyer of any article used for fertilising the soil or Power for as food for cattle shall, on payment to a district analyst of a fee purchaser to sanctioned by the body who appointed the analyst, be entitled, or feeding within ten days after delivery of the article to the buyer or receipt stuff of the invoice by the buyer, whichever is later, to have the article analysed by the analyst, and to receive from him a certificate of the result of his analysis.

(2.) Where a buyer of an article desires to have the article analysed in pursuance of this section, he shall, in accordance with regulations made by the Board of Agriculture (a), take three samples of the article, and shall in accordance with the said regulations cause each sample to be marked, sealed, and fastened up, and shall deliver or send by post one sample with the invoice or a copy thereof to the district analyst, and shall give another sample to the seller, and shall retain the third sample for future comparison: Provided that a district analyst, or some person authorised by him in that behalf with the approval of the body who appointed the analyst, shall, on request either by the buyer or by the seller, and on payment of a fee sanctioned by the said body, take the samples on behalf of the buyer.

(3.) The certificate of the district analyst shall be in such form and contain such particulars as the Board of Agriculture direct (b), and every district analyst shall report to the Board as they direct the result of any analysis made by him in pursuance of this Act.

(4.) If the seller or the buyer objects to the certificate of the district analyst, one of the samples selected, or another sample selected in like manner, may, at the request of the seller, or, as the case may be, the buyer, be submitted with the invoice or a copy thereof to the chief analyst, and the seller, or, as the case may be, the buyer, shall, on payment of a fee sanctioned by the Treasury, be entitled to have the sample analysed by the chief analyst, and to receive from him a certificate of the result of his analysis.

(5.) At the hearing of any civil or criminal proceeding with respect to any article analysed in pursuance of this section, the production of a certificate of the district analyst, or if a sample has been submitted to the chief analyst, then of the chief analyst, shall be sufficient evidence of the facts therein stated, unless the defendant or person charged requires that the analyst be called as a witness.

(a) Regulations under this clause were issued by the Board of Agriculture and bear date December 23rd, 1893. They are published in the Statutory Rules and Orders, 1893, p. 295.

(b) The form of this certificate was prescribed by an Order of the Board, December 20th, 1893. See Statutory Rules and Orders, 1893, p. 299.

analysed.

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