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PART II.
Control of Manufacture of Cement.
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Restriction on manufacture of cement.
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8.—(1) It shall not be lawful for any person to manufacture, by way of trade or for the purposes of gain, cement in Saorstát Eireann unless—
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(a) such person is the holder of a licence (in this Part of this Act referred to as a cement manufacture licence) granted by the Minister under this Part of this Act and such manufacture is carried on by such person within the area specified in such licence, or
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(b) such manufacture is carried on in direct succession to a deceased person who was at the date of his death manufacturing cement under a cement manufacture licence and such manufacture is carried on during the currency of such licence within the area specified in such licence, between the date of the death of such person and the grant of probate of his will or letters of administration of his personal estate, or after such grant by his personal representative in due course of administration, or
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(c) such manufacture is carried on by an assignee in bankruptcy, a trustee of an arranging debtor, or a receiver or manager appointed by a court in continuation of the business of a person who, immediately before such assignee, trustee, receiver or manager commenced to carry on such manufacture, was the holder of a cement manufacture licence authorising the manufacture of cement within the area where such manufacture is so carried on and such manufacture is carried on during the currency of such licence.
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(2) Every person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five hundred pounds and in the case of a continuing offence a further fine not exceeding fifty pounds for every day during which the offence is continued.
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(3) Where the manufacture of cement is being carried on by a person lawfully entitled, by virtue of paragraph (b) or paragraph (c) of sub-section (1) of this section, to carry on such manufacture in succession to a deceased person or in continuation of the business of a person who was the holder of a cement manufacture licence, such first mentioned person shall, for the purposes of the succeeding provisions of this Act, be deemed to be the holder of such licence.
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