Agricultural Produce (Eggs) Act, 1930
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Amendment of section 4 of the Principal Act. |
4.—(1) An inspector, inspecting under section 4 of the Principal Act any eggs or any package in any place, may, in addition to or in lieu of all or any of the things which he is authorised by that section to do, do all or any of the following things, that is to say:— | |
(a) examine any eggs found by him in a package opened by him under the said section, and | ||
(b) detain for so long as may be reasonably necessary for the purpose of such examination, the package so opened and all or any other packages (if any) included there with in the same consignment, and | ||
(c) give a direction in writing to the carrier prohibiting the export of all packages so detained where it appears to such inspector on such examination that there has been a contravention or an attempted contravention of the Principal Act as amended by this Act or of this Act or of any regulation made under those Acts or either of them in relation to such consignment, and that such contravention or attempted contravention extends, where such consignment consists of not more than twenty packages, to one or more or all of such packages or, where such consignment consists of more than twenty packages, to not less than five per cent, of the packages comprised in such consignment. | ||
(2) Whenever an inspector gives a direction under this section to the carrier prohibiting the export of any package of eggs, it shall be the duty of such inspector, where such carrier is not the owner of such package, to notify the consignor of such package of the giving of such direction. | ||
(3) Every person who exports or attempts to export any package of eggs in respect of which a direction prohibiting the export of such package has been given by an inspector under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds. | ||
(4) Whenever a direction prohibiting the export of a package of eggs has been given to the carrier under this section and such package is, at the time such direction is given, actually loaded on a ship at a port in Saorstát Eireann, the carriage of such package on such ship shall not for the purpose of this section be deemed an exportation of such package if such carrier proves that such package was subsequently returned to and landed at the same port in Saorstát Eireann by him at the first available opportunity and that between the time such package left and was landed at such port it was in the sole charge of such carrier and was not opened or interfered with in any way. | ||
(5) Section 4 of the Principal Act shall be construed and have effect as if— | ||
(a) the words “the whole or” were inserted after the word “forming” in paragraph (c) of sub-section (2) thereof; and | ||
(b) the words “or reasonable delay” were inserted in sub-section (6) thereof after the word “damage” wherever that word occurs in that sub-section. | ||
(6) In the exercise in or upon the premises of any railway or shipping company of the powers conferred on him by this section, an inspector shall conform to such reasonable requirements of such company as are necessary to prevent the working of the traffic on such premises being obstructed or interfered with. | ||
(7) The expression “this section” wherever it occurs in section 4 of the Principal Act shall mean the said section 4 as amended by this present section and for that purpose every provision of this present section shall be deemed to be an amendment of the said section 4 . |