S.I. No. 227/1960:

HORSES (CARRIAGE BY SEA) ORDER, 1960.

HORSES (CARRIAGE BY SEA) ORDER, 1960.

ARRANGEMENT OF ARTICLES.

PART I.

PRELIMINARY AND GENERAL.

Article.

1. Short title.

2. Definitions.

3. Interpretation.

4. Revocations.

PART II.

CARRIAGE BY SEA AND PORTAL INSPECTION.

5. Ports from which horses may be carried or presented for carriage.

6. Notice of intended exportation.

7. Inspection.

8. Carriage of unfit horses.

9. Refusal by veterinary inspector to allow shipping of unfit horses.

10. Removal of loose shoes.

PART III.

PROTECTION AND CARE OF HORSES WHILE ON BOARD.

11. Application of this Part.

12. Liability of owner and master of vessel for carriage of horses unless certain requirements are complied with.

13. Method of carrying horses and specification of fittings.

14. Overcrowding.

15. Passage-ways.

16. Light.

17. Ventilation.

18. Drainage.

19. Feeding and watering.

20. Attendance.

Article.

21. First-aid treatment.

22. Facilities to be given to inspectors to make voyages on vessels.

23. Approaches, gangways and other apparatus.

24. Power to require stalls to be kept in reserve.

25. Cleansing and disinfection.

26. Humane-killing instruments.

27. Returns as to casualties.

28. Unfavourable weather.

29. Plans to be furnished in certain cases.

30. Approval of vessels for the carriage of horses.

FIRST SCHEDULE.

APPROVED PORTS AND PERSONS TO BE NOTIFIED OF INTENTION TO EXPORT.

SECOND SCHEDULE.

ORDERS REVOKED.

THIRD SCHEDULE.

SPECIFICATION FOR CERTAIN FITTINGS ON VESSELS CARRYING HORSES.

S.I. No. 227 of 1960.

HORSES (CARRIAGE BY SEA) ORDER, 1960.

I, PATRICK SMITH, Minister for Agriculture, in exercise of the powers conferred on me by section 22 of the Diseases of Animals Act, 1894, and section 4 of the Agriculture Act, 1931 (No. 8 of 1931), hereby order as follows:--

PART I. PRELIMINARY AND GENERAL.

1.--(1) This Order may be cited as the Horses (Carriage by Sea) Order, 1960.

(2) This Order shall come into operation on the 24th day of November, 1960.

2. In this Order--

"the Minister" means the Minister for Agriculture;

"horse" includes ass and mule;

"approved port" means a port specified in the First Schedule to this Order;

"approved disinfectant" means a disinfectant approved by the Minister under the Diseases of Animals (Disinfection) Order, 1931 (S.R. & O., No. 59 of 1931);

"master" includes a person having charge or command of a vessel (other than a pilot);

"owner", in relation to any vessel, includes any charterer of the vessel;

"fodder" means hay or other substance commonly used for food for horses;

"litter" means straw or other substance commonly used for bedding or otherwise for or about horses;

"veterinary inspector" has the same meaning as in the Diseases of Animals Act, 1894.

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

4. The orders specified in the Second Schedule to this Order are hereby revoked to the extent shown in the second column of that Schedule.

PART II. CARRIAGE BY SEA AND PORTAL INSPECTION.

5.--(1) The owner or master of a vessel shall not carry a horse by sea from the State in the vessel except from an approved port.

(2) The owner of a horse or his agent or the person in charge of a horse shall not present the horse for carriage by sea from the State except at an approved port.

6. Any person intending to have a horse carried by sea from the State shall, in such manner as the Minister may require, give at least 48 hours' notice of such intention to the person specified in the First Schedule to this Order opposite the name of the approved port from which it is intended to have the horse carried.

7. Every horse intended for carriage by sea from the State shall be presented by the owner of the horse or by his agent or by the person in charge of the horse at the approved port from which the horse is to be carried for examination by a veterinary inspector.

8. A horse shall not be embarked on a vessel for carriage thereon from an approved port by the owner of the horse or by his agent or by the person in charge of the horse, or by the master or the owner of the vessel, unless and until the horse has been inspected and passed as fit to travel by a veterinary inspector.

9. Where a veterinary inspector is of opinion that a horse intended to be carried on a vessel from an approved port cannot, owing to infirmity, illness, injury, fatigue or any other cause be so carried without avoidable suffering, he may refuse to pass the horse for shipping and may, at his discretion, require the owner of the horse or his agent or the person in charge of the horse to mark the horse, and such owner, agent or person shall comply with the requirement.

10. Where a horse intended to be carried on a vessel from an approved port has a loose shoe and the veterinary inspector requests the owner of the horse or his agent or the person in charge of the horse to remove the shoe together with its fellow (if any) on the opposite foot, such owner, agent or person shall comply with the request.

PART III. PROTECTION AND CARE OF HORSES WHILE ON BOARD.

11. The provisions of this Part shall have effect in relation to--

(a) the carriage of horses by sea from the State, and

(b) every vessel in which horses are carried by sea from the State.

12.--(1) Subject to paragraph (2) of this Article, it shall not be lawful for the owner or master of the vessel to carry horses on the vessel, unless the requirements of Articles 13, 14, 15, 16, 17, 18, 19, 21, 23, 25 and paragraph (1) of Article 30 of this Order are complied with.

(2) (a) Where the Minister, upon application in writing being made to him by the owner of a vessel which contains stalls which do not comply with the requirements of paragraph (3) of Article 13 of this Order, is satisfied that the stalls are suitable for the carriage of horses therein in that vessel, he may, by notice in writing sent to such owner, give his approval to the carriage of horses in such stalls in that vessel, and the Minister may at any time, by notice in writing sent to the owner of the vessel, withdraw such approval.

(b) While an approval under subparagraph (a) of this paragraph is in force, the owner and master of the vessel which contains the stalls in respect of which the approval was given may carry horses in such stalls on that vessel.

13.--(1) Every horse shall be carried under the cover of a deck, save that, subject to paragraph (10) of this Article, a horse may be carried on an open or exposed deck provided it is carried in a portable box or by such other means as have been previously approved in writing by the Minister.

(2) Each horse shall be carried athwartships either in a separate stall or in a portable box, except that horses in any of the following categories, namely, asses, small mules and young unbroken horses may be carried with horses of the same category together in pens. A mare with foal at foot may be carried in the same pen provided they are separated from other horses.

(3) Each stall shall be constructed and fitted in accordance with the specifications prescribed in the Third Schedule to this Order. Each pen shall be of suitable size and formed either by removing the division boards between a number of stalls and fastening a sufficient number of boards to the front of the stanchions under the breast-rail to keep the horses in the pen or by being constructed in some other equally suitable and effective manner.

(4) The fittings on the vessel shall be so constructed as to be of a substantial character and of sufficient strength to withstand the action of the weather and resist the weight of any horses that may be thrown against them. The fittings or other parts of the vessel, stall or pen likely to cause injury or suffering to horses shall be properly and securely fenced off or padded, as the case may require.

(5) Each stall and the movable fittings thereof shall be numbered for the purposes of identification.

(6) Every portable box shall be of a design approved in writing by the Minister and shall be secured to the vessel separately and in such a manner as to prevent their displacement by the motion of the vessel.

(7) The flooring or foot platform of each stall or pen shall, in order to prevent slipping, be fitted with suitable wooden battens.

(8) Each stall and each portable box shall be fitted with a strong leather or web head-stall of a design approved by the Minister. Each head-stall shall have two ropes attached which shall be of adequate length for tying to the rings fitted to the stanchions.

(9) Horses while on the vessel shall be adequately protected against injury or suffering from exposure to the weather.

(10) A horse shall not be carried during the period commencing on the 1st day of October in any year and ending on the 31st day of March in the next following year on open or exposed decks, except under a substantial and structurally sound watertight deck covering.

14. The vessel shall not be overcrowded in any part or pen so as to cause injury or suffering to the horses carried therein.

15. Every part of the vessel where horses are carried shall be provided with passage-ways which shall give free frontal access at all times to every stall or box and be of a minimum width of three feet from the inside of the breast-rail (in the case of any single row of stalls) or from the front of the boxes, as the case may be, and of a minimum width of six feet from the inside of the breast-rails between two rows of stalls in which the horses face each other. All such passageways shall be kept free of obstruction. The top of a hatchway shall not be deemed to be a passage-way unless--

(a) the hatch coamings do not exceed one foot in height and

(b) the hatches are on and are covered with tarpaulins, and

(c) the stalls are sufficiently far back to prevent the head of the horse extending beyond the coaming into the hatchway.

16. All parts of the vessel over which horses pass or in which they are carried shall be properly lighted by electric lights placed at a distance of not more than twenty feet from each other and arrangements shall be made for the provision at all times of adequate light for the proper tending of each horse.

17. All parts of the vessel in which any horse is carried shall be sufficiently and suitably ventilated and no part below deck shall be used for the carriage of any horse unless, in addition to any ventilation obtained by means of the hatchways, such part is provided with mechanical means of ventilation by electric fans or otherwise sufficient to ensure the removal of foul air and an adequate supply of fresh air at all times for every horse carried in that part. Cowls shall be marked in such a manner as to indicate whether they are for the purposes of supply or exhaust and the compartment ventilated thereby shall be indicated on each cowl.

18. Suitable provision shall be made for the drainage of urine from the parts of the vessel used for the carriage of horses.

19. The vessel shall carry a sufficient amount of suitable food and water provided by the owner of the vessel. Each horse shall, immediately following embarkation, be offered water and shall when necessary during the voyage be fed and watered. Fodder shall be fed only from nets. Fresh water shall be laid on to all compartments in which horses are carried and a sufficient number of taps shall be fitted. Proper accommodation shall be provided on board for the storage of the food so that it shall not be unduly exposed to the weather at sea.

20. The owner of the vessel shall cause it to be provided with a sufficient number of competent persons to ensure the efficient watering, feeding and care of the horses during the voyage and the owner shall ensure that those duties are performed fully and efficiently.

21. The vessel shall carry an adequate supply of first-aid materials approved by the Minister for that purpose and one at least of the persons having care of the horses on board shall be fully instructed in the use of such materials.

22. The owner and the master of the vessel shall give all reasonable facilities to a veterinary inspector to enter the vessel and to make voyages therein for the purpose of ascertaining whether the provisions of this Order are complied with and of any further investigation which may be directed by the Minister from time to time.

23. Approaches, gangways, passage-ways, cages and other apparatus used for the loading, unloading or movement of horses on or from the vessel shall be so constructed that injury or suffering shall not be caused to the horses.

24. A veterinary inspector may at his discretion require the master of the vessel to keep empty certain of the stalls in the vessel, in such position as may seem to him desirable, for the accommodation of any horses it may be necessary to remove from other stalls during the voyage and the master shall comply with the requirement.

25.--(1) The vessel shall, after the horses have been landed and before any other horses or cargo are taken on board, be cleansed and disinfected as follows:

(a) all parts of the vessel and all fittings, boxes, pens, hurdles and utensils with which any horse or its droppings may have come in contact shall be thoroughly sprayed with an approved disinfectant and shall then be scraped and swept and the scrapings and sweepings and all dung, sawdust, fodder, litter and other matter shall be effectively removed from contact with horses or be destroyed by fire,

(b) the aforesaid parts and fittings of the vessel and the other aforesaid things and any part of the vessel with which any discharge from the nostrils of any horse may have come in contact shall, after being thoroughly washed or scoured with water, be disinfected by being coated, washed or saturated with an approved disinfectant.

(2) Any movable gangway, passage-way, cage or other apparatus used for the loading or unloading of horses on or from the vessel, or otherwise used in connection with the carriage of any horse, shall, as soon as practicable after being so used, be thoroughly washed or scoured with water and thereafter disinfected with an approved disinfectant.

(3) Notwithstanding the foregoing provisions of this Article, any vessel or thing mentioned therein shall forthwith be cleansed and disinfected as required by this Article by and at the expense of the owner or the person using or in charge of the vessel or thing, at any time upon receipt by him of a notice in writing signed by a veterinary inspector requiring such cleansing and disinfection.

26.--(1) The vessel shall carry a proper humane-killing instrument approved by the Minister and it shall be the duty of the owner of the vessel and the master thereof to see that the vessel is provided with such an instrument and with sufficient ammunition therefor and the master, if so required by a veterinary inspector, shall produce the instrument and ammunition for his inspection.

(2) If any horse has a limb broken or is otherwise seriously injured so as to be incapable of being disembarked from the vessel without cruelty, the master of the vessel shall forthwith cause that horse to be slaughtered by the aforementioned means.

27. The owner of the vessel or his agent in the State shall cause to be kept a record of all horses which have died or have been killed or seriously injured while on the vessel and shall, as soon as may be after the conclusion of each voyage, make a return to the Minister showing the total number of horses shipped on the voyage and how many horses died or were killed or injured on the voyage and, where known, the cause of such death or injury, and, where a horse was slaughtered under Article 26 of this Order, the reason for slaughter.

28.--(1) The master of the vessel shall not carry horses on any voyage of the vessel if there are reasonable grounds for anticipating that owing to adverse weather conditions the voyage would be attended by serious injury or suffering to, or loss of life among, the horses.

(2) Prior to proceeding on a voyage on which horses are proposed to be carried, the master of the vessel shall acquaint himself with all relevant weather forecasts and shall cause to be made, in such form as the Minister may require, and kept a record of any relevant adverse weather forecast.

29. Owners of vessels to be fitted or refitted for the carriage of horses shall furnish for the approval of the Minister plans showing the general arrangement of the fittings and a longitudinal section showing in detail the proposed fittings.

30.--(1) Notwithstanding anything contained in this Order, a vessel fitted after the commencement of this Order for the carriage of horses by sea shall not be used for the carriage of horses by sea except under and in accordance with the written approval of the Minister.

(2) (a) The Minister may at his discretion refuse or grant approval under this Article.

(b) The Minister may attach to any approval granted under this Article such conditions as appear to him to be proper.

(c) The Minister may withdraw any approval granted under this Article.

FIRST SCHEDULE.

APPROVED PORTS AND PERSONS TO BE NOTIFIED OF INTENTION TO EXPORT.

SECOND SCHEDULE.

ORDERS REVOKED.

Article 13 (2).

THIRD SCHEDULE.

SPECIFICATION FOR CERTAIN FITTINGS ON VESSELS CARRYING HORSES.

Dimensions of stalls.

1.--(1) The length from the breast rail to the rear lining shall be not less than 7 feet and not more than 8 feet.

(2) The breadth between division boards in the clear shall be not less than 2 feet 4 inches and not more than 2 feet 8 inches.

(3) The height from the foot platform or, if a foot platform is not required, from the floor of the stall to the deck above and from the corresponding area in the passageway within three feet of the front of the stall to the deck above shall be not less than 7 feet in the clear; from the foot platform or the floor of the stall, as the case may be, or from the corresponding area in the passageway within three feet of the front of the stall to the underside of any beam above shall be not less than 6 feet 6 inches in the clear, provided that no beam or projection from the deck above shall be more than 6 inches in width and that such beam or projection shall be fixed directly above and parallel to the division boards or haunch boards.

(4) The height of the division boards from the floor or foot platform to the upper edge of the top board shall be not less than 3 feet 9 inches and not more than 4 feet.

(5) The height of the breast rail from the floor or foot platform to the upper edge shall be 4 feet with the centre of the upper edge dipped and rounded off to 3 feet 9 inches.

Front stanchions.

2.--(1) Stanchions shall be placed at the front corners of each stall except where suitable means for fastening the breast rail on a bulk-head are available and the bulk-head makes the provision of division boards unnecessary. The stanchions shall be made of hard wood, 4 inches by 4 inches, well planed all over with edges rounded off, or, alternatively, of iron or steel with edges rounded off. All stanchions shall be firmly secured in position--

(a) at the foot--

(i) where the deck is of wood, by being sunk in a socket at least 1½ inches in depth, the front edge of the socket to be protected by an iron plate at least 1½ inches in width and securely fixed to the deck, the iron forming the plate to be at least one quarter of an inch in thickness and the overall thickness of the deck timber to be at least 2½ inches but, in cases where the timber deck is resting firmly on an iron deck, the overall thickness of the deck timber may be less than 2½ inches;

(ii) where the deck is not of wood, by such means as shall be approved in writing by the Minister;

(b) at the head, by an iron socket of at least 2 inches in depth securely affixed to the deck above, the iron forming the socket to be at least half-an-inch in thickness.

(2) The following fittings shall be attached to the stanchions:--

(a) suitable wooden battens or cast iron or steel channels or angles fitting to form grooves to take the division boards, breast-rail and toe board. Alternatively, for the breast-rail, an iron bracket half-an-inch thick and 4 inches wide bolted to the front of the stanchion may be provided,

(b) suitable means for keeping division boards, breast-rail and toe board in position,

(c) a strong iron ring in front and immediately below the bracket for the breast-rail,

(d) a steel hook on which to hang a hay net, and

(e) a suitable stopper at the top of the stanchion to prevent it being displaced during the voyage.

Rear stanchions.

3. Rear stanchions must be placed at the rere corners of each stall except where suitable means can be provided for securing division boards and haunch boards at the side of the vessel or where a permanent bulk-head makes the use of division boards unnecessary. Rear stanchions shall be strongly and sufficiently secured at head and heel as in the case of the front stanchions and shall be fitted with the necessary channels or angles on the front and sides to take the division boards, haunch board and heel board. The spacing and dimensions of the rear stanchions shall, except where otherwise required, correspond with those of the front stanchions.

Division boards.

4. There shall be one division board between each stall. The division board shall consist of two boards measuring 9 inches by 2¼ inches with three 3 inch spacing pieces fitted between and secured together by three round iron bolts at the ends and centres. The ends of these bolts shall be clinched to prevent boards from working loose. The grooves to take the division boards shall be fitted so that when the boards are in position the top of the board shall be not less than 3 feet 9 inches and not more than 4 feet above the foot platform or floor of the stall. Each division board shall be well planed and smoothed and the top edge well rounded off.

Breast rail.

5. The breast rail shall be 9 inches by 2¼ inches, the length to be according to the width of the stall and so as to permit the breast rail being dropped in the grooves affixed to the sides of the stanchions and the breast rail to be so secured in the grooves by means of hardwood or metal stops affixed to the stanchion. The whole breast rail shall be well planed and smoothed and the top edge scalloped to prevent chafing. The top edge may be sheathed with zinc.

Toe boards.

6. Each stall shall be fitted with a board 9 inches by 2¼ inches and shall be securely held in place between the two front stanchions to prevent the feet of a horse from slipping through the front of the stall under the breast rail.

Foot platforms.

7. Except where the floor is of an anti-slip design approved by the Minister, every stall shall be provided with a foot platform which shall be moveable. All platforms shall be so fitted as to rest flat on the floor level. The platforms shall be made of three 1½ inch boards set 1 inch apart and secured by battens the width of the stall. The foot battens, four in number, shall be of hardwood and shall measure 3 inches by 3 inches with the upper edges rounded off; one shall be placed 9 inches from the back, one 9 inches from the front and one 12 inches either side of the centre of the platform or in such other position as will afford the most effective foothold. The four battens shall be secured by galvanised iron screws 3½ inches by ½ inch well recessed below the top of the batten. Three battens 4 inches by 1½ inches shall also be screwed on to the underneath surface of the platform 9 inches from either end and across the centre and cut through at the spaces between the boards to allow of drainage. Foot platforms shall be made either to serve one stall, two stalls or three stalls, provided that they are capable of being easily removed and fitted as may be required for cleansing or other purposes. If the horses are to stand on a wooden deck, foot platforms may be dispensed with but battens shall be fixed to the deck in accordance with paragraph (7) of Article 13 of this Order.

Rearlining.

8. Stalls situated at the sides of the vessel shall be lined to a height of 5 feet from the platform with 9 inches by 1½ inch boards securely fastened to the side of the vessel, with a clearance of 3 inches between each board and between the bottom board and the platform. In the case of a single row of stalls on the middle line and in special circumstances at the sides of the vessel the lining shall consist of 2 inch boards or 2 inch solid sheeting or thicker, according to the spacing of the rear stanchions, secured to the front of the rear stanchions or fitted into channel bars or cleats on the stanchions. In the case of two rows of stalls back to back, the lining shall be made sufficiently sound structurally to meet with the approval of the Minister. All boards shall be planed and smoothed and the upper edge of the top board shall be rounded off. Wooden fillets 2 inches by 2 inches or suitable iron cleats shall be screwed on to the rear lining at suitable spaces according to the width of the stalls to form grooves for taking the division boards.

Haunch board.

9. A board at least 9 inches by 3 inches suitably scalloped on the top edge to allow the horse to sit comfortably against it shall be secured to the rear lining of each stall or, alternatively, at a distance of 6 inches to 9 inches therefrom, in which case the board shall be securely affixed to the division boards by means of suitable cleats or channels. The height of the haunch board shall be 3 feet from the foot platform.

GIVEN under my Official Seal, this 17th day of November, 1960.

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE.

This order sets out revised conditions for the transport by sea of horses exported from this country and revokes the conditions hitherto in force.