CHAPTER 379, VOLUME 16, PUBLISHED AS AMENDED.
AN ACT to Prevent the Spread of Contagious or Infections Pleuro-Pneumonia among the Cattle of this State.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
SECTION 1. That whenever the Governor of this State shall receive reliable information that the disease known as contagious or infectious pleuro-pneumonia exists among any cattle in this State, he shall have power, and is hereby authorized to issue his proclamation, stating that the said infectious or contagious disease exists in this State, and warning all persons to seclude all animals in their possession that are affected with such disease, or have been exposed to the infection or contagion thereof, and ordering all persons to take such precautions against the spreading of such disease, as the nature thereof may, in his judgment, render necessary or expedient; to order that any premises, farm or Quarantine farms, where such disease exists or has existed, to be put in quarantine, so that no domestic animal be removed from such places so quarantined, and to prescribe such regulations as he may judge necessary or expedient to prevent infection or contagion being communicated in any way from the places so quarantined; to call upon all sheriffs and deputy sheriffs in this state to carry out and enforce the provisions of such proclamations, orders and regulations; and it shall be the duty of all the sheriffs and deputy sheriffs to obey and observe all orders and instructions which they may receive from the Governor in the premises; to employ such other persons as he may, from time to time, deem necessary to assist him in performing his duties as set forth in this act, and to fix their compensation; and to co-operate with the Commissioner of Agriculture of the United States, or any other United States officers who are authorized by the statutes of the United States to use the money of the Federal Government as is necessary in investigating and in such disinfection and quarantine measures as may be necessary to prevent the spread of the disease; when in his judgment it shall be deemed necessary to order all or any animals coming into this State to be detained at any place or places for the purpose of inspection and examination; to prescribe regulations for the destruction of animals affected with the said infectious or contagious disease, and for the proper disposition of their hides and carcasses, and of all objects which might convey infection or contagion, (provided that no animal shall be destroyed unless first examined by a medical or veterinary practitioner in the employ of the Governor or the United States Commissioner of Agriculture, as aforesaid;) to prescribe regulations for the disinfection of all premises, buildings and railway cars, and of objects from or by which infection or contagion may take place, or be conveyed; to alter and modify, from time to time, as he may deem expedient, the terms of all such proclamations, orders and regulations, and to cancel or withdraw the same at any time.
SECTION 2. That in any case where, in the opinion of the Governor, it may be deemed necessary to destroy any diseased animal or animals, the said Governor shall select and appoint three judicious and impartial citizens of this state to view, and after such view to assess any such diseased cattle at what would be their real value in money were they not so affected; provided that such valuation shall not in any case exceed the sum of $50.00 per head. And in case said cattle shall be destroyed, as provided in the first section of this act, then upon certificate of such assessment, duly signed and attested by said assessors, or a majority of them, and approved by the Governor, being presented by the owner or owners of such destroyed animals to the State Treasurer of this State, the said State Treasurer is hereby authorized to pay to such owner or owners a sum of money equal to two-thirds of the amount of the aggregate assessment upon said cattle so destroyed.
SECTION 3: If any person shall sell or dispose of any animal or animals, known to be affected with pleuro-pneumonia, or known to have been exposed thereto within one year prior to such sale or disposal, without due notice to such purchaser that said disease exists in said animals, or that they have been exposed thereto as aforesaid, he shall be deemed guilty of a misdemeanor, and shall be punished by fine not exceeding five hundred dollars, or may, in the discretion of the court, be imprisoned for a term not exceeding one year.
SECTION 4. If any one knows, or has reason to suspect, that said disease exists among the cattle in his possession, or under his care, he shall forthwith give notice thereof to the Governor, and for failure so to do, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by fine not exceeding five hundred dollars or by imprisonment not exceeding one year.
SECTION 5. Any person disobeying the orders of the Governor, sheriff, or deputy sheriff, made in conformity to this act, or any person driving or transporting any neat cattle contrary to the regulations made and published as aforesaid, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by fine not exceeding five hundred dollars or by imprisonment not exceeding one year.
SECTION 6. That all the necessary expenses incurred under the direction, or by the authority of the Governor, in carrying out the provisions of this act, shall be paid by the State Treasurer, upon warrant duly made and signed by the Governor on the State Treasurer, for all expenses incurred under this act other than the payment for cattle destroyed.
SECTION 7. That animals coming from a neighboring state, that have passed a veterinary examination in said state, or have been quarantined and discharged, the owner or driver being provided with a genuine certificate that such animals are not infected with pleuro-pneumonia, shall not be subject to the provisions of this act.
SECTION 8. That all the provisions of this act applicable to the disease known as pleuro-pneumonia be also and is hereby extended to and made applicable to all other infectious or contagious cattle diseases which are virulent and fatal in their nature.
SECTION 9. That in the execution of the provisions of Section 6 it is hereby provided that there shall not be expended more than the sum of three hundred dollars in any one year.
Passed at Dover, March 29, 1881.
Amended January 22, 1885.