Creameries (Acquisition) Act, 1943

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Sale orders in relation to creamery premises and chattels thereon.

9.—(1) The Minister, if he thinks fit, may, on the application of the Company and with the consent of the Minister for Finance, make an order (in this Act referred to as a sale order) requiring the proprietor of any creamery premises to sell to the Company and the Company to purchase from such proprietor at a price to be determined under this section—

(a) the estate and interest of such proprietor in the said creamery premises, free from incumbrances, and

(b) all chattels on the said creamery premises not held under hire or hire-purchase contracts, and

(c) the rights of such proprietor under all (if any) such contracts.

(2) Every application for a sale order shall be accompanied by a draft of the proposed order.

(3) In this Act the expression “the vendor” in relation to any sale order means the person required by the sale order to sell creamery premises, chattels and rights the subject of the order.

(4) A sale order may contain such provisions as the Minister thinks necessary or proper for giving effect thereto.

(5) Whenever the Minister proposes to make a sale order in relation to any creamery premises and the chattels thereon, he shall not less than ten days before making the order publish in the Iris Oifigiúil notice of his intention to make such order, and any person having any claim affecting the estate and interest of the vendor in such creamery premises or chattels by way of mortgage or otherwise, who has not later than seven days after the date of such publication furnished to the Company particulars of his claim, shall be entitled to make representations to the Minister or, if the price to be paid for such creamery premises and chattels is to be determined by an arbitrator, the arbitrator in relation to the said price.

(6) Whenever the Minister makes a sale order in relation to any creamery premises and the chattels thereon, he shall cause copies of the order, sealed with his official seal, to be served on the vendor and the Company and, as on and from the date on which a copy of the order is served on the vendor, the vendor and the Company shall be deemed to have entered into an agreement for the sale of the said creamery premises, the chattels thereon not held under hire or hire-purchase contracts and the rights of the vendor under all such contracts (if any) in accordance with the terms of the order.

(7) Whenever the Minister makes a sale order in relation to any creamery premises and the chattels thereon, the price to be paid therefor shall be determined in accordance with the following provisions, that is to say:—

(a) in case the vendor and the Company agree upon the said price and so inform the Minister not later than twenty days after the service of a copy of the order on the vendor, and the Minister, after consultation with the Minister for Finance, and after consideration of any representations in relation to the said price made under sub-section (5) of this section, confirms such agreement, the said price shall be the price so agreed upon,

(b) in any other case the following provisions shall have effect, that is to say:—

(i) the said price shall be determined by an arbitrator whose determination shall be final and the arbitrator shall be such person as may be agreed upon by the vendor and the Company or, in default of agreement, an official arbitrator for the purposes of the Acquisition of Land (Assessment of Compensation) Act, 1919 ,

(ii) in determining the said price the arbitrator shall take into account the goodwill attached to any business carried on on the said creamery premises,

(iii) the arbitrator may, as respects the costs and expenses of the parties in any proceedings under this paragraph, by his award and at his discretion—

(I) direct the Company to pay a sum (to be measured by the arbitrator) towards the costs and expenses of the vendor, or

(II) direct the vendor to pay a sum (to be measured by the arbitrator) towards the costs and expenses of the Company, or

(III) direct the Company to pay the costs and expenses of the vendor as taxed by a-Taxing Master of the High Court, or

(IV) direct the vendor to pay the costs and expenses of the Company as taxed by a Taxing Master of the High Court, or

(V) direct the vendor and the Company respectively to abide their own costs and expenses,

(iv) when the arbitrator directs the vendor to pay a sum (to be measured by the arbitrator) towards the costs and expenses of the Company or directs the vendor to pay the costs and expenses of the Company as taxed by a Taxing Master of the High Court, the Company may deduct the amount payable to them under the direction from the said price,

(v) there shall be paid by the Minister to the arbitrator such remuneration and expenses (if any) as the Minister for Finance may direct.

(8) Where the Minister makes a sale order in relation to any creamery premises, chattels thereon, and rights under hire or hire-purchase contracts (if any) and the sale is completed in accordance with the order, the Company shall pay to the vendor all costs necessarily and properly incurred by the vendor in relation to the said sale (other than, in ease the price of such creamery premises, chattels and rights has been determined by arbitration, the vendor's costs of the arbitration), less the amount of any costs paid or payable by the Company under section 7 of this Act in relation to the said creamery premises, chattels and rights.

(9) Any creamery acquired under this section by the Company shall be deemed, for the purposes of the Creamery Act, 1928 (No. 26 of 1928), to have been acquired with moneys provided by the Oireachtas.