Slaughtered Animals (Compensation) Act, 1928

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Number 12 of 1928.

SLAUGHTERED ANIMALS (COMPENSATION) ACT, 1928.

ARRANGEMENT OF SECTIONS

Number 12 of 1928.

SLAUGHTERED ANIMALS (COMPENSATION) ACT, 1928.

AN ACT TO PROVIDE FOR THE ESTABLISHMENT, MAINTENANCE AND MANAGEMENT OF A FUND FOR THE PAYMENT OF COMPENSATION TO THE OWNERS OF CERTAIN LIVE STOCK WHICH ARE EXPORTED FROM SAORSTÁT EIREANN AND SLAUGHTERED UNDER THE AUTHORITY OF LAW AT A PORT IN GREAT BRITAIN IN CONSEQUENCE OF AN OUTBREAK OR SUSPECTED OUTBREAK OR APPREHENDED DANGER OF FOOT AND MOUTH DISEASE, AND TO MAKE PROVISION FOR THE METHOD OF INVESTIGATING AND DETERMINING CLAIMS FOR SUCH COMPENSATION. [17th July, 1928.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Definitions.

1.—In this Act—

the word “Minister” means the Minister for Lands and Agriculture,

the word “cattle” includes bulls, cows, bullocks, heifers and calves,

the word “sheep” includes rams, ewes, wethers and lambs,

the word “pig” includes a boar, sow, hog, or bonham,

the expression “live stock” includes cattle, sheep and pigs,

the word “animals” includes any kind of live stock,

the word “shipowner” includes the master of any ship and every other person authorised to act as agent for the owner of such ship or entitled to receive the freight, demurrage, or other charges in respect of such ship,

the expression “British authorities” means the Minister or other officer or person having for the time being authority by law in Great Britain to require animals to be slaughtered in consequence of an outbreak or suspected outbreak or apprehended danger of foot and mouth disease, and

the expression “the Diseases of Animals Acts” means the Diseases of Animals Acts, 1894 to 1914.

The Slaughtered Animals (Compensation) Trustees.

2.—(1) As soon as may be after the passing of this Act there shall be established in accordance with this Act a body to be styled and known as the Slaughtered Animals (Compensation) Trustees (in this Act referred to as the Trustees).

(2) The Trustees shall be a body corporate having perpetual succession and may sue and be sued under its said style and name.

(3) The Trustees shall provide and have a common seal, and such seal shall be authenticated by the signature of any one of the Trustees, or of the secretary to the Trustees duly authorised by them to act in that behalf.

(4) All courts of justice shall take judicial notice of the seal of the Trustees and every document purporting to be sealed with the seal of the Trustees authenticated in accordance with this section shall be received in evidence and be deemed to be a document issued by or under the authority of the Trustees without further proof unless the contrary is shown.

Appointment of the Trustees.

3.—(1) The Trustees shall consist of six persons all of whom shall be appointed as occasion requires by the organization commonly called the National Executive of the Irish Live Stock Trade (in this Act referred to as the National Executive).

(2) Every appointment made by the National Executive under the foregoing sub-section shall be evidenced by writing under the hand of the chairman of the National Executive.

(3) Such member of the Trustees as the Trustees shall from time to time nominate for the purpose shall be the Chairman of the Trustees.

(4) Whenever the Chairman of the Trustees is temporarily incapable through illness or absence from Saorstát Eireann of performing his duties as such Chairman the Trustees may nominate and at any time remove any member of the Trustees to be deputy-chairman during such incapacity or absence of the Chairman of the Trustees and every such deputy-chairman shall, while he continues to be deputy-chairman, have all the powers and duties of the Chairman of the Trustees and for that purpose all references in this Act (other than in this section) to the Chairman of the Trustees shall be construed as including such deputy-chairman.

Qualification of Trustees.

4.—(1) Every member of the Trustees shall be a person who is ordinarily resident in Saorstát Eireann and is engaged in the business of exporting live stock from Saorstát Eireann.

(2) At least four members of the Trustees shall be persons engaged in the business of exporting cattle and sheep or either of them from Saorstát Eireann and at least one member of the Trustees shall be a person engaged in the business of exporting pigs from Saorstát Eireann.

Term of office of Trustees.

5.—(1) Subject to the provisions of this section in relation to persons appointed to fill casual vacancies every member of the Trustees shall, unless he sooner dies, resigns or becomes disqualified hold his office as such member for the term of ten years reckoned, in the case of the first members, from the establishment of the Trustees and, in the case of every subsequent member, from the expiration of the term of office of his predecessor.

(2) A member of the Trustees appointed to fill a casual vacancy in the membership of the Trustees shall unless he sooner dies, resigns or becomes disqualified, hold office for the residue of the term for which the member whose death, resignation, or disqualification occasioned the vacancy would have held office if he had not died, resigned or become disqualified.

(3) A member of the Trustees may at any time resign his office as such member by letter addressed to the Trustees and every such resignation shall take effect at the commencement of the meeting of the Trustees commencing next after the receipt of such resignation by the Trustees.

(4) A member of the Trustees shall become disqualified for office as such member upon the happening of any of the following events, that is to say:—

(a) the absence of such member from four consecutive ordinary meetings of the Trustees, or

(b) the ceasing of such member to have the qualifications required by this Act for membership of the Trustees.

(5) Every member of the Trustees shall on the cesser of his membership by effluxion of time be eligible for re-appointment.

Meetings of the Trustees and procedure.

6.—(1) The first ordinary meeting of the Trustees shall be held not later than one month after the appointment of the first members of the Trustees and all subsequent ordinary meetings of the Trustees shall be held at such times (not being less frequently than once in every period of three consecutive months) as the Trustees may appoint either generally or in respect or any particular ordinary meeting.

(2) The first ordinary meeting of the Trustees shall be summoned by the Chairman of the National Executive by notice sent by post addressed to each member of the Trustees at his usual place of residence and every subsequent ordinary meeting of the Trustees shall be summoned by the Secretary to the Trustees in the manner prescribed in that behalf by rules made by the Trustees under this Act.

(3) A special meeting of the Trustees may be held for any purpose and at any time for and at which the Chairman of the Trustees considers a special meeting of the Trustees necessary or desirable, and every such meeting shall be summoned by the Secretary to the Trustees in the manner prescribed in that behalf by rules made by the Trustees under this Act.

(4) The procedure of the Trustees at their meetings and otherwise shall be regulated by rules made by the Trustees under this Act.

(5) Three members of the Trustees shall constitute a quorum at any meeting of the Trustees.

(6) At every meeting of the Trustees the Chairman of the Trustees, if present, shall be the Chairman of the meeting, or, if the Chairman of the Trustees is absent, such member of the Trustees as the members of the Trustees then present shall choose shall be the Chairman of the meeting.

(7) The Chairman at a meeting of the Trustees shall have a second or casting vote.

(8) The Trustees may act notwithstanding a vacancy in their membership.

The secretary to the Trustees.

7.—(1) The Trustees shall appoint a fit and proper person (not being a member of the Trustees) to be the secretary to the Trustees.

(2) There shall be paid to the secretary to the Trustees out of the funds at the disposal of the Trustees under this Act such remuneration (not exceeding the sum of two hundred pounds per annum) and expenses (if any) as the Trustees may determine.

Establishment of the Slaughtered Animals (Compensation) Fund.

8.—(1) The Trustees shall establish, maintain and manage in accordance with this Act a fund to be known as the Slaughtered Animals (Compensation) Fund (in this Act referred to as the compensation fund).

(2) There shall be credited to the compensation fund by the Trustees all moneys received by them under this Act and there shall be paid out of the said fund—

(a) all compensation payable under this Act, and

(b) all moneys required for the repayment of moneys borrowed under this Act by the Trustees or for the payment of interest on such moneys, and

(c) all sums directed by this Act to be paid by the Trustees out of the funds at their disposal under this Act, and

(d) all expenses incurred by the Trustees in the execution of this Act.

Scale of charges.

9.—The owner of any animals which are delivered on or after the appointed day to a shipowner for shipment from any port in Saorstát Eireann to any port in Great Britain shall, in the manner provided by this Act, pay to the Trustees for and in respect of such animals the appropriate charges in accordance with the following scale (in this Act referred to as the scale of charges), that is to say:—

(a) on every head of cattle the sum of twopence and one halfpenny,

(b) on every sheep, the sum of one halfpenny,

(c) on every pig, the sum of one penny.

Method of payment of charges.

10.—(1) The charges payable under this Act to the Trustees by the owner of any animals shall be paid by the purchase by such owner from the Trustees or their agents of adhesive stamps supplied by the Trustees under this Act and of the appropriate value having regard to the nature and number of the animals for and in respect of which such charges are payable as aforesaid.

(2) The Trustees shall for the purpose of this Act cause to be prepared and shall supply and put on sale at such places and in such quantities as the Trustees think fit adhesive stamps of such denominations as, having regard to the scale of charges fixed by this Act, the Trustees consider appropriate.

(3) If any person forges or counterfeits any stamp supplied by the Trustees under this section or uses, sells, or exposes or offers for sale any stamp which is to his knowledge a forgery or counterfeit of any stamp so supplied such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

The owner's statement.

11.—(1) The owner of any animals which are delivered on or after the appointed day to a shipowner for shipment from a port in Saorstát Eireann to a port in Great Britain or the agent of such owner shall prepare in the form prescribed by the Trustees and deliver to such shipowner a statement in writing (hereinafter called the owner's statement) containing the following particulars, that is to say:—

(a) the number (in writing and in figures) and a description of such animals corresponding to the number and description thereof given by such owner in the application made by him to the veterinary inspector of the Department of Lands and Agriculture for a certificate of health required in respect of such animals under any order made under the Diseases of Animals Acts and for the time being in force, and

(b) the name and the address of such owner.

(2) The owner of such animals as aforesaid or the agent of such owner shall in the manner prescribed by the Trustees affix to the owner's statement adhesive stamps of the appropriate value having regard to the scale of charges fixed by this Act in respect of the shipment of such animals and such affixture shall be made before such statement is delivered by such owner or the agent of such owner to the shipowner to whom the animals to which such statement relates are delivered for shipment as aforesaid.

(3) Every owner's statement stamped in accordance with this section shall be delivered to the said shipowner at the same time as the certificate of health relating to the animals to which such statement relates is delivered to such shipowner.

(4) The shipowner to whom an owner's statement is delivered under this section shall, before taking on board the animals to which such statement relates, satisfy himself that such statement contains the particulars which it is required by this section to contain and that having regard to the number and nature of the animals to which such statement relates there are duly affixed thereto adhesive stamps of the appropriate value in accordance with the scale of charges fixed by this Act.

(5) Where the shipowner is satisfied—

(a) that the owner's statement delivered to him under this section does not contain the particulars which the owner's statement is required by this section to contain, or

(b) that the particulars contained therein are inaccurate or misleading in any material respect, or are insufficient having regard to the provisions of this section, or

(c) that the said statement is not duly stamped in accordance with this section,

then and in any such case the shipowner may refuse to take on board the animals to which such statement relates.

(6) If a shipowner takes on board any animals in respect of which an owner's statement is required by this section to be delivered to him and so takes on board such animals without the delivery to him of an owner's statement duly stamped in accordance with this section such shipowner shall be liable to pay to the Trustees and the Trustees shall be entitled to recover from such shipowner as a civil debt either, as the case may require, the whole of the charges payable under this Act in respect of such animals or so much of such charges as are not paid by means of the stamps affixed to such owner's statement.

(7) Every owner's statement which is delivered to a shipowner under this section shall be retained by such shipowner for a period of six months from the date of such delivery and such shipowner shall, during the said period, produce such statement to the secretary to the Trustees for inspection by him if and whenever requested by him so to do.

Compensation in respect of slaughtered animals.

12.—Whenever animals which have been exported on or after the appointed day from Saorstát Eireann to a port in Great Britain are while undergoing detention at such port slaughtered by reason of the requirements of the British authorities in consequence of an outbreak or suspected outbreak or apprehended danger of foot and mouth disease, the owner of such animals shall subject to the provisions of this Act be entitled to be paid in respect of such slaughter compensation under this Act of such amount as shall be assessed under and in accordance with this Act.

Committees of assessors.

13.—(1) Every claim for compensation under this Act in respect of the slaughter of any cattle or sheep shall be investigated by a committee of assessors consisting of three persons who shall if and so far as qualified members of the Trustees are available, be members of the Trustees and be appointed by the Trustees and shall, if or so far as such members are not available, be persons engaged in the business of exporting cattle and sheep from Saorstát Eireann and be appointed by the National Executive on the request of the Trustees but no such committee of assessors shall include a member of the Trustees who was nominated to be such member on account of his being engaged in the business of exporting pigs from Saorstát Eireann.

(2) Every claim for compensation under this Act in respect of the slaughter of any pigs shall be investigated by a committee of assessors consisting of three persons who shall, if and so far as qualified members of the Trustees are available, be members of the Trustees who were nominated as such members on account of their being engaged in the business of exporting pigs from Saorstát Eireann and be appointed to such committee by the Trustees and shall, so far as such members are not available, be persons engaged in the business of exporting pigs from Saorstát Eireann and be appointed by the National Executive on the request of the Trustees.

(3) A person who has a pecuniary interest in a claim for compensation under this Act shall be disqualified from being a member of the committee of assessors investigating such claim.

(4) Committees of assessors for the purposes of this section shall be appointed by the Trustees and by the National Executive on the request of the Trustees respectively as and when occasion requires or the Trustees consider such appointment desirable.

Assessment of value of animals.

14.—(1) Whenever it comes to the knowledge of the Trustees that any animals exported on or after the appointed day from Saorstát Eireann to a port in Great Britain have been or are about to be slaughtered at such port by reason of the requirements of the British authorities in consequence of an outbreak or suspected outbreak or apprehended danger of foot and mouth disease, a committee of assessors appointed under this Act and qualified to investigate claims for compensation under this Act in respect of the slaughter of such animals shall proceed forth with to such port and there assess the value for the purposes of such compensation of all animals so slaughtered or about to be slaughtered in respect of the slaughter of which claims for such compensation could or might be sustainable under this Act.

(2) The following provisions shall apply to the assessment under this Act of the value of animals which have been or are about to be slaughtered, that is to say:—

(a) the value of animals which have been or are about to be slaughtered on account of their being actually infected with foot and mouth disease shall be assessed as at the time immediately before they became so infected;

(b) the value of animals which have been slaughtered without their being actually so infected shall be assessed as at the time immediately before they were slaughtered;

(c) the value of animals which are about to be slaughtered without their being actually so infected shall be assessed as at the time of such assessment;

(d) depreciation due solely to the animals being or having been in an area in which they were exposed to the danger of becoming infected with foot and mouth disease shall be disregarded.

Determination of claims for compensation.

15.—(1) When a committee of assessors has assessed under this Act the value of any animals such committee shall investigate either in Great Britain or in Saorstát Eireann as may be most convenient all claims for compensation under this Act in respect of such animals and shall in respect of every such claim determine whether the claimant is or is not entitled to such compensation and where such committee determines that any such claimant is entitled to such compensation such committee shall fix the amount of such compensation having regard to the value as assessed by them of the animals to which the claim relates and such other matters as may be brought before them by the claimant.

(2) Every committee of assessors shall forthwith report to the Trustees their decision on every claim for compensation under this Act investigated by them and the amount (if any) of the compensation fixed by them as payable under this Act in respect of such claim.

(3) A committee of assessors may with the consent of the owner of any animal the value of which has been assessed by them under this section sell the carcase of such animal and the said committee shall pay the proceeds of such sale into the compensation fund.

(4) If the owner of any such animal as aforesaid refuses his consent to the sale by a committee of assessors of the carcase of such animal under this section such owner shall not be entitled to compensation under this Act in respect of the slaughter of such animal.

(5) Where a committee of assessors reports under this section to the Trustees that a claimant for compensation under this Act is entitled to such compensation the Trustees shall pay out of the compensation fund to such claimant the amount of such compensation as fixed by the said committee.

(6) The determination under this Act by a committee of assessors of a claim for compensation under this Act shall be final and conclusive both as to the right to such compensation and the amount (if any) thereof.

Compensation in special cases.

16.—(1) Any person who is a citizen of Saorstát Eireann and who claims to have been the owner or to be the personal representative of the owner of any cattle to which this section applies may make an application to the Trustees for compensation in respect of such cattle.

(2) The Trustees on receipt by them from any such person as aforesaid of an application under this section for compensation and after such inquiry as the Trustees think fit to make may, if they so think fit, pay to such person out of the compensation fund such compensation in respect of all or any of the cattle to which such application relates as the Trustees, having regard to all the circumstances of the case, think just.

(3) This section applies to all cattle which—

(a) were exported from Saorstát Eireann whether through a port within the jurisdiction of Saorstát Eireann or not within that jurisdiction, and

(b) were at any time prior to the passing of this Act slaughtered at a port in Great Britain by reason of the requirements of the British authorities in circumstances similar to those in which had such slaughter taken place after the passing of this Act and the charges imposed by this Act in respect of cattle exported on or after the appointed day from Saorstát Eireann to a port in Great Britain been paid in respect of such cattle compensation would be payable by the Trustees out of the compensation fund to the owners thereof under this Act.

Suspension of charges.

17.—(1) Whenever the compensation fund amounts to the sum of twenty thousand pounds (the invested portion being taken at the current market prices) or the Trustees are of opinion that the compensation fund is then sufficient to meet all charges which may reasonably be expected to be payable thereout during the then ensuing six months, the Trustees shall forthwith so inform the Minister and thereupon the Minister may, if he so thinks fit, by order made after consultation with the Trustees suspend for such time from the date of the order as shall be specified in the order the payment by the owners of animals exported to Great Britain from Saorstát Eireann of the charges required by this Act to be paid by them in respect of such animals.

(2) Every order made by the Minister under this section may be amended, revoked, or continued by a subsequent order made by the Minister on the request of the Trustees.

(3) No order made under this section shall operate to relieve against or to impose a liability to pay charges under this Act in respect of animals exported from Saorstát Eireann before the date of such order.

Powers of borrowing.

18.—The Trustees may borrow money for the purpose of the compensation fund whenever and to such extent and on such terms as they in their discretion shall think proper.

Investment of compensation fund in trustee securities.

19.—(1) So much of the compensation fund as in the opinion of the Trustees is for the time being not immediately required for the payment of sums payable out of the said fund under this Act shall be invested by the Trustees in securities in which trustees are by the law for the time being in force authorised to invest trust funds.

(2) The Trustees may from time to time at their discretion vary or transpose all moneys invested under this section into other investments authorised under this section and may at any time for the purpose of such variation or transposition or in order to utilise for the purposes of this Act the invested portion of the compensation fund sell and convert into money all or any investments made by them under this section.

(3) All dividends and interest received by the Trustees on investments made by them under this section shall be paid into the compensation fund.

Travelling expenses and allowances.

20.—(1) The Trustees shall out of the funds at their disposal under this Act pay to the members of the Trustees in respect of their attendance at meetings of the Trustees travelling expenses and subsistence allowance at such rates and on such scales as shall from time to time be fixed by the National Executive.

(2) The Trustees shall out of the funds at their disposal under this Act pay to the members of committees of assessors (whether such members are or are not also members of the Trustees) in respect of their performance of their duties as such members under this Act travelling expenses and subsistence allowance at such rates and on such scales as shall from time to time be fixed by the National Executive.

Accounts and audit.

21.—(1) The Trustees shall within one month after the expiration of the financial year ending on the 31st day of March, 1929 and within one month after the expiration of every subsequent financial year prepare an account showing all payments into and disbursements from the compensation fund and all investments, sales of investments and other dealings with the compensation fund during the financial year to which such account relates.

(2) Every account prepared under this section shall, within one month after the preparation thereof, be audited by auditors appointed for the purpose by the Trustees and the expenses of the audit of every such account shall be defrayed by the Trustees out of the funds at their disposal under this Act.

(3) The secretary to the Trustees shall, upon the request of any person engaged in the business of exporting live stock from Saorstát Eireann, furnish to such person, without the payment by him of any premium or fee, a copy of any account prepared and audited under this section.

The appointed day.

22.—(1) The Trustees shall as soon as conveniently may be appoint a day to be the appointed day for the purposes of this Act.

(2) All references in this Act to the appointed day shall be construed and have effect as references to the day appointed under this section by the Trustees.

Rules by the Trustees.

23.—The Trustees may make rules in regard to all or any of the following matters, that is to say:—

(a) the summoning of meetings of the Trustees,

(b) the procedure of the Trustees at their meetings, including the method of determination at such meetings of matters required to be determined thereat,

(c) the form and method in which applications for compensation under this Act are to be made,

(d) the procedure of committees of assessors appointed under this Act including the method of determination by such committees of matters requiring to be determined by them,

(e) all matters and things referred to in this Act as prescribed or to be prescribed by the Trustees,

(f) any other matter or thing relating to the exercise by the Trustees of their functions under this Act which the Trustees think proper to regulate or prescribe by rules.

Short title.

24.—This Act may be cited as the Slaughtered Animals (Compensation) Act, 1928.