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Devolution and transfer of registered premises.
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22.—(1) Where the registered proprietor of registered premises dies, the following provisions shall have effect, that is to say:—
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(a) the death of the said registered proprietor shall not of itself render unlawful by virtue of this Act the carrying on in the said premises during the period of six months from such death of the business theretofore carried on in the said premises;
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(b) the personal representative of the said deceased registered proprietor or, with the assent of such personal representative, any other person shall (subject to the provisions of this section) be entitled, on application in the prescribed form and manner to the Minister, to be registered as the registered proprietor of the said premises;
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(c) from the death of the said deceased registered proprietor until the registration of another person as registered proprietor of the said premises, the person actually carrying on the said business in the said premises shall be deemed to be the registered proprietor thereof for the purposes of so much of this Act as relates to things to be done on the said premises or in the course of carrying on the said business and for the purpose of notices required by this Act to be given to the registered proprietor and the service of such notices.
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(2) Where the registered proprietor (in this section referred to as the transferor) of registered premises transfers, on sale or otherwise, the said premises and the business carried on therein to another person (in this sub-section referred to as the transferee) the following provisions shall have effect, that is to say:—
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(a) the transferee shall (subject to the provisions of this section) be entitled, on application in the prescribed form and manner to the Minister and on satisfying the Minister that he has become the proprietor of the said premises, to be registered as the registered proprietor of the said premises;
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(b) until the transferee is so registered as the registered proprietor of the said premises, the transferor shall notwithstanding the said transfer, continue to be for all the purposes of this Act the registered proprietor of the said premises.
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(3) Where an application is made under this section to the Minister for the registration of a person (in this sub-section referred to as the applicant) as the registered proprietor of registered premises, the following provisions shall apply and have effect, that is to say:—
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(a) where the applicant is the personal representative of a deceased registered proprietor, and is applying under the first sub-section of this section for registration solely in his capacity as such personal representative, and the application is duly made in accordance with the said sub-section, the Minister shall not refuse the application;
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(b) in every other case it shall be lawful for the Minister, if he so thinks proper, to refuse the application on the ground that the applicant was previously the registered proprietor of other premises registered under the Agricultural Produce (Eggs) Acts, 1924 and 1930, or this Act and, while he was so registered, the registration of those other premises was cancelled by the Minister under the said Acts or either of them or under this Act.
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