Abstract
The 19th century saw more detailed legislation introduced in Germany, but penalties were less draconian. In Prussia, a law was passed on April 2, 1803, presenting a resumé of various antecedent measures to combat contagious diseases, with emphasis on rinderpest. Extremely strict regulations now came into operation, to be reissued in 1856.
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Sec. 459. All holders or keepers of animals or beasts suspected to be infected with rinderpest [maladie contagieuse] who will not have notified on the spot the mayor of the commune where they are found, and who, even before the mayor has responded to the notification, will not have confined them, will be punished with imprisonment for 6 days to 2 months, and fined 16 to 200 francs. Sec. 460. Equally will be punished with imprisonment of 2 to 6 months, and a fine of 100 to 500 francs, those who, in contempt of the defences of the administration, will have let their animals or infected beasts mix with others. Sec. 461. If, from the communication mentioned in the preceding article, contagion results among the other animals, those who will have contravened the defences of the administrative authority, will be punished by imprisonment of 2 to 5 years, and a fine of 100 to 1,000 francs; all without prejudice to the execution of the laws and regulations relating to epizootic diseases, and the punishments which they carry. Sec. 462. If the offences of police correction of which it is spoken in the present chapter have been committed by rural policemen or foresters, or officers of the police of whatsoever rank, the punishment of imprisonment will be one month at least and a third more above the highest penalty which would be applied to another culpable of the same offence (Code Pénal, 1810).
The definition of “may” and “shall” in law was decided before the House of Lords in 1880 in the landmark case of Julius v. The Lord Bishop of Oxford, enabling words being always compulsory where they are words to effectuate a legal right.
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Spinage, C.A. (2003). Legal Measures After the 18th Century. In: Cattle Plague. Springer, Boston, MA. https://doi.org/10.1007/978-1-4419-8901-7_13
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DOI: https://doi.org/10.1007/978-1-4419-8901-7_13
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