Agriculture Act, 1931
What is this act about?
This law dissolves the Department of Agriculture and Technical Instruction for Ireland and transfers its functions, primarily to the Minister for Agriculture and partly to the Minister for Industry and Commerce. It also establishes provisions for agricultural and forestry schemes and related administrative matters.
Who it applies to: The Minister for Agriculture and the Minister for Industry and Commerce; Officers and employees of the former Department of Agriculture and Technical Instruction for Ireland.
At a glance
- Country
- Ireland
- Area of law
- Commercial and corporate law
- Articles
- 50
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- The dissolution of the Department of Agriculture and Technical Instruction for Ireland.
- The transfer of powers and duties related to agriculture and rural industries to the Minister for Agriculture.
- The transfer of certain powers and duties to the Minister for Industry and Commerce.
- The establishment and operation of committees of agriculture for agricultural and forestry schemes.
Who does this act apply to?
- The Minister for Agriculture and the Minister for Industry and Commerce.
- Officers and employees of the former Department of Agriculture and Technical Instruction for Ireland.
- Committees of agriculture and county councils involved in agricultural and forestry schemes.
What are the key points?
- The Department of Agriculture and Technical Instruction for Ireland is dissolved as of April 1, 1931.
- The Minister for Agriculture takes over powers and duties related to agriculture, horticulture, forestry, dairying, livestock breeding, bee-keeping, flax cultivation, and related industries.
- The Minister for Agriculture can conduct inquiries, experiments, and research for agricultural purposes.
- Committees of agriculture are established or continued, with rules for their appointment, membership, meetings, and financial management.
Commercial and corporate law
Legal text
Legal text
Contents (50)
- Section 1
- Section 2
- Section 3
- Section 4
- Section 5
- Section 6
- Section 7
- Section 8
- Section 9
- Section 10
- Section 11
- Section 12
- Section 13
- Section 14
- Section 15
- Section 16
- Section 17
- Section 18
- Section 19
- Section 20
- Section 21
- Section 22
- Section 23
- Section 24
- Section 25
- Section 26
- Section 27
- Section 28
- Section 29
- Section 30
- Section 31
- Section 32
- Section 33
- Section 34
- Section 35
- Section 36
- Section 37
- Section 38
- Section 39
- Section 40
- Section 41
- Section 42
- Section 43
- Section 44
- Section 45
- Section 46
- Section 47
- Section 48
- Section 49
- Section 50
Agriculture Act, 1931 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1931 Agriculture Act, 1931 Agriculture Act, 1931 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 8 of 1931.
AGRICULTURE ACT, 1931.
ARRANGEMENT OF SECTIONS Preliminary.
Section
Section 1
Short title and commencement.
Section 2
Definitions.
PART I.
DISSOLUTION OF THE DEPARTMENT OF AGRICULTURE AND TECHNICAL INSTRUCTION FOR IRELAND AND TRANSFER OF THE FUNCTIONS THEREOF.
Section 3
Dissolution of the Department.
Section 4
Transfer of powers and duties to the Minister for Agriculture.
Section 5
Transfer of powers and duties to the Minister for Industry and Commerce.
Section 6
Transfer of Officers.
Section 7
Adaptation of existing enactments.
Section 8
Transfer of property of the Department.
Section 9
Adaptation of pending contracts.
Section 10
Continuation of proceedings pending by or against the Department.
Section 11
Consultative Councils.
Section 12
Superannuation of certain former officers of the Department.
PART II.
AGRICULTURAL AND FORESTRY SCHEMES.
Section 13
Establishment of committee of agriculture.
Section 14
Existing committees of agriculture.
Section 15
Appointment and membership of committees of agriculture.
Section 16
Procedure at meetings of committees of agriculture.
Section 17
Meetings abandoned for want of quorum.
Section 18
Payment of travelling expenses to members of committees.
Section 19
Application of Part IV. of the Act of 1925.
Section 20
Application of certain provisions of the Act of 1925 as amended.
Section 21
Application of Local Authorities (Mutual Assurance) Acts, 1926 and 1928.
Section 22
Officers of committees of agriculture.
Section 23
Removal of officers and servants by the Minister.
Section 24
Local inquiries by the Minister.
Section 25
Attendance of witnesses at local inquiries.
Section 26
Administration of oaths at local inquiries.
Section 27
Scales of salaries for officers.
Section 28
Travelling expenses for officers.
Section 29
Co-operation between committees.
Section 30
Contracts by committees of agriculture.
Section 31
Audit of accounts of committees of agriculture.
Section 32
Legal proceedings.
Section 33
Agricultural schemes.
Section 34
Application of Article 12 of the Schedule to the Local Government (Application of Enactments) Order, 1898.
Section 35
Forestry schemes.
Section 36
Agricultural and forestry rates.
Section 37
Borrowing by county councils.
Section 38
Application of moneys raised under this Act.
Section 39
Application of parliamentary grants.
Section 40
Regulations.
PART III.
TRANSITORY PROVISIONS.
Section 41
Transfer of property to committees of agriculture.
Section 42
Transfer of debts and liabilities to committees of agriculture.
Section 43
Transfer of officers to committees of agriculture.
PART IV.
MISCELLANEOUS.
Section 44
Verification of certain claims and applications.
Section 45
Transfer of land from the Forestry Commissioners.
Section 46
Reports of the Minister.
Section 47
The Fisheries Acts, 1842 to 1925.
Section 48
Laying of regulations before Houses of the Oireachtas.
Section 49
Expenses.
Section 50
Repeals.
FIRST SCHEDULE.
Enactments, the Powers and Duties under which are Transferred by this Act SECOND SCHEDULE.
Appointment and Membership of Committees of Agriculture THIRD SCHEDULE.
Rules for Payments of Travelling Expenses FOURTH SCHEDULE.
Enactments repealed Acts Referred to Local Government Act, 1925 No. 5 of 1925 Local Government Act, 1927 No. 3 of 1927 Railways Act, 1924 No. 29 of 1924 Civil Service (Transferred Officers) Compensation Act, 1929 No. 36 of 1929 Local Authorities (Officers and Employees) Act, 1926 No. 39 of 1926 Creamery Act, 1928 No. 26 of 1928 Number 8 of 1931.
AGRICULTURE ACT, 1931.
AN ACT TO DISSOLVE THE DEPARTMENT OF AGRICULTURE AND TECHNICAL INSTRUCTION FOR IRELAND, TO TRANSFER THE FUNCTIONS NOW EXERCISED BY THE SAID DEPARTMENT AS TO PART THEREOF TO THE MINISTER FOR AGRICULTURE AND AS TO THE REMAINDER THEREOF TO THE MINISTER FOR INDUSTRY AND COMMERCE, TO MAKE PROVISION IN RESPECT OF PERSONS NOW OR LATELY EMPLOYED BY AND REMUNERATED OUT OF FUNDS OF THE SAID DEPARTMENT, TO MAKE PROVISION FOR THE FORMULATING AND CARRYING OUT OF SCHEMES IN RELATION TO AGRICULTURE AND OTHER RURAL INDUSTRIES, AND THE PRESERVATION OF EXISTING WOODS, AND FOR OTHER PURPOSES INCIDENTAL TO OR ARISING IN CONNECTION WITH THE MATTERS AFORESAID. [29th March, 1931.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— Preliminary.
Short title and commencement.
1.—(1) This Act may be cited as the Agriculture Act, 1931.
Definitions.
2.—In this Act— the expression “the Minister” means the Minister for Agriculture; the expression “the Department” means the Department of Agriculture and Technical Instruction for Ireland; the expression “the Act of 1899” means the Agriculture and Technical Instruction (Ireland) Act, 1899; the expression “the Act of 1925” means the Local Government Act, 1925 (No. 5 of 1925); the expression “the Act of 1927” means the Local Government Act, 1927 (No. 3 of 1927); the expression “the purposes of agriculture and other rural industries” includes assistance, improvement, and development of and instruction in all or any of the following industries, that is to say, agriculture, horticulture, forestry, dairying, the breeding of horses, cattle and other live stock and poultry, bee-keeping, the cultivation and preparation of flax, and any industry immediately connected with and subservient to any of the said industries, and the said expression also includes aiding or facilitating the carriage and distribution of agricultural requisites and produce; the word “county” means an administrative county but does not include a county borough; the expression “rateable value” means the annual rateable value under the Valuation Acts; the expression “local financial year” means a period of twelve months ending on any 31st day of March.
PART I.
Dissolution of the Department of Agriculture and Technical Instruction for Ireland and Transfer of the Functions thereof.
Dissolution of the Department.
3.—Immediately upon the commencement of this Act the Department shall stand dissolved.
Transfer of powers and duties to the Minister for Agriculture.
4.—(1) The several powers and duties (in this Act collectively referred to as the powers and duties transferred to the Minister) hereinafter mentioned are hereby transferred to and conferred and imposed on the Minister, that is to say:— (a) the several powers and duties under the respective enactments mentioned in the First Schedule to this Act which, immediately before the commencement of this Act, were exercised or performed or capable of being exercised or performed by the Department, and (b) the powers and duties in connection with the Albert Agricultural College (otherwise known as the Albert Agricultural and Dairy Training Department and formerly known as the Albert Institution) at Glasnevin, Dublin, and the Munster Institute (otherwise known as the Munster Dairy School and Agricultural Institute and formerly known as the Munster Institution) which were transferred to the Department under paragraph (h) of sub-section (1) of section 2 of the Act of 1899 and all other (if any) powers and duties exercised or performed or capable of being exercised or performed by the Department in connection with the said College or the said Institute immediately before the commencement of this Act, and (c) all other (if any) statutory powers and duties (except powers and duties transferred by this Act to the Minister for Industry and Commerce) which immediately before the commencement of this Act were exercised or performed or were capable of being exercised or performed by the Department.
Transfer of powers and duties to the Minister for Industry and Commerce.
5.—The powers and duties (in this Act collectively referred to as the powers and duties transferred to the Minister for Industry and Commerce) under section 3 and sub-section (2) of section 4 of the Markets and Fairs (Weighing of Cattle) Act, 1891 , which were formerly vested in the Irish Land Commission and immediately before the commencement of this Act were vested in the Department are hereby transferred to and conferred and imposed on the Minister for Industry and Commerce.
Transfer of Officers.
6.—(1) Such of the officers of the Department as are at the commencement of this Act concerned with the powers and duties transferred to the Minister are hereby transferred to the Department of Agriculture.
Adaptation of existing enactments.
7.—(1) Every mention or reference contained in any enactment to which this section applies in relation to the exercise or performance of the powers and duties transferred to the Minister of or to the Lord Lieutenant, the Chief Secretary to the Lord Lieutenant, the Under-Secretary to the Lord Lieutenant, the Commissioners of National Education, the Irish Land Commission, the Loan Fund Board, or the Department shall be construed and take effect as a mention of or reference to the Minister for Agriculture.
Transfer of property of the Department.
8.—(1) Immediately upon the commencement of this Act all land in Saorstát Eireann which immediately before the commencement of this Act is by statute, deed, contract, or otherwise vested in or held in trust for the Department shall without any conveyance thereof become and be vested in or held in trust for (as the case may require) the Minister for all the estate, term and interest for which the same were immediately before the commencement of this Act vested in or held in trust for the Department.
Adaptation of pending contracts.
9.—(1) Every deed and every contract in writing made before the commencement of this Act with or by any person by or with the Department shall, if and so far as the terms and provisions of such deed, contract or agreement are not fully executed and completed before the commencement of this Act, be construed and read as if the Minister were substituted in such deed, contract or agreement for the Department.
Continuation of proceedings pending by or against the Department.
10.—In all suits, matters and proceedings to which the Department are a party and which at the commencement of this Act are pending in any Court in Saorstát Eireann, the Minister shall immediately upon the commencement of this Act become and be a party in place of the Department, and every such suit, matter and proceeding shall be continued between the Minister and the other parties thereto accordingly.
Consultative Councils.
11.—(1) The Minister whenever and so often as he so thinks fit may with the consent of the Minister for Finance and after consultation with such bodies and persons as he shall consider most representative of the several interests concerned, establish by order a consultative council for giving advice and assistance to him in relation to such matters (being matters relating to or concerned with the public services for the time being comprised in the Department of Agriculture other than matters which by virtue of an Act of the Oireachtas passed before or after this Act are the concern of a consultative council established under such Act) as he shall specify in such order or in any subsequent order.
Superannuation of certain former officers of the Department.
12.—(1) There may be granted to or in respect of such persons (being persons who at the passing of this Act are in the service of the Government of Saorstát Eireann and who at any time were paid wholly or partly out of any special fund) as may be approved by the Minister for Finance and in respect of such service as that Minister may direct, superannuation or other allowances or gratuities on the scale laid down in the Superannuation Acts for the time being in force, and subject to the provisions of those Acts (except so much of section 17 of the Superannuation Act, 1859 , as enacts that for the purposes of that Act no person hereafter to be appointed shall be deemed to have served in the permanent Civil Service of the State unless such person holds his appointment or has been admitted into the Civil Service in the manner therein mentioned), and for the purposes of this section such persons as may be so approved shall be deemed to have been paid in respect of every period of service which is special service from moneys voted by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859 .
PART II
Agricultural and Forestry Schemes.
Establishment of committee of agriculture.
13.—There shall be in every county a committee, to be called a committee of agriculture, to fulfil in respect of such county the functions assigned to committees of agriculture by this Part of this Act.
Existing committees of agriculture.
14.—(1) The committee which at the commencement of this Act is in a county the committee appointed under section 14 of the Act of 1899 for that county shall be the committee of agriculture for that county for the purposes of this Act until the first annual meeting of the council of that county held next after the commencement of this Act.
Appointment and membership of committees of agriculture.
15.—Subject to the provisions of this Act constituting a committee appointed under section 14 of the Act of 1899 to be a committee of agriculture for the purposes of this Act, the committee of agriculture for a county shall be appointed by the council of that county and the provisions contained in the Second Schedule to this Act shall apply to and regulate the appointment and membership of every such committee.
Procedure at meetings of committees of agriculture.
16.—(1) Four members personally present shall form a quorum at a meeting of a committee of agriculture.
Meetings abandoned for want of quorum.
17.—Whenever a meeting of a committee of agriculture is abandoned owing to failure to obtain a quorum, the names of the members attending at the time and place appointed for such meeting shall be recorded forthwith and, for the purposes of the provisions of this Act relating to disqualification of members by absence from meetings and of the provisions of this Act relating to the payment of travelling expenses to members of committees a meeting of such committee shall be deemed to have been held at such time and place and the members whose names are so recorded shall be deemed to have attended such meeting.
Payment of travelling expenses to members of committees.
18.—(1) Subject to the provisions of this section, every committee of agriculture shall, as soon as may be after the 31st day of December and the 30th day of June in each year, pay to every member of such committee such contribution (if any) as is authorised by the rules contained in the Third Schedule to this Act towards the expenses incurred during the preceding six months by such member in attending the meetings of such committee.
Application of Part IV. of the Act of 1925.
19.—(1) Every committee of agriculture shall be deemed to be a local body within the meaning of Part IV. of the Act of 1925, and that Part of that Act shall apply to committees of agriculture and their officers accordingly, subject to the modifications hereinafter mentioned.
(3)
Section 47
of the Act of 1925 as amended by section 9 of the Act of 1927 shall not apply in respect of committees of agriculture and their officers, and in lieu thereof it is hereby enacted that— (a) whenever an allowance or a gratuity is payable in pursuance of sub-section (2) of this section by a council of a county (in this sub-section called the paying body) to any person under Part IV. of the Act of 1925 as applied by this section in respect of his ceasing to hold office under a committee of agriculture and in ascertaining the service of such officer at the date of such cesser any service under another local authority (in this section called the contributing body) has been aggregated and reckoned, the contributing body shall refund to the paying body a part of such allowance or gratuity reckoned according to the service and pay of such officer under the contributing body and to the circumstances under which he ceased to hold office under the paying body, and such part shall be settled by agreement between the two bodies, or in default of agreement by the Minister for Local Government and Public Health, and (b) for the purposes of the foregoing paragraph an officer's service under a committee of a contributing body shall be deemed to have been service under such contributing body and an officer's service under a joint committee of two or more contributing bodies shall be deemed to have been service under every such contributing body.
Application of certain provisions of the Act of 1925 as amended.
20.—(1) Every committee of agriculture shall be deemed to be a local authority within the meaning of section 60 of the Act of 1925 as amended by section 13 of the Act of 1927 and of sections 61 , 62 , 70 and 71 of the Act of 1925, and the said sections 60 (as so amended), 61 , 62 , 70 and 71 shall apply to committees of agriculture and their members and officers accordingly subject to the following modifications, that is to say, in the said section 60 as so amended the expression “the Minister” shall mean the Minister for Agriculture and in the said section 71 the expression “the Minister for Agriculture” shall be substituted for the expression “the Minister for Local Government and Public Health” wherever the latter expression occurs.
Application of Local Authorities (Mutual Assurance) Acts, 1926 and 1928.
21.—Every committee of agriculture for a county shall for the purposes of the Local Authorities (Mutual Assurance) Acts, 1926 and 1928, be deemed to be a committee of the council of such county and the said Acts shall apply to committees of agriculture accordingly.
Officers of committees of agriculture.
22.—(1) Subject to the provisions of this section, every committee of agriculture shall appoint such officers and servants as it shall from time to time think necessary for the due performance of its powers and duties under this Act.
Removal of officers and servants by the Minister.
23.—(1) The Minister may by order, either upon or without any suggestion or complaint from a committee of agriculture, remove from his office or employment any paid officer or servant of a committee of agriculture whom he considers unfit or incompetent to perform his duties, or who at any time refuses or wilfully neglects to perform his duties or any of them, and may direct that a fit and proper person be appointed in his place in accordance with the law relating to appointments to such office or employment.
Local inquiries by the Minister.
24.—(1) The Minister may at any time cause an inquiry (in this Act referred to as a local inquiry) to be held in relation to the performance by an officer or a servant of a committee of agriculture of his duties as such officer or servant and for that purpose may appoint an officer of the Minister to hold such local inquiry.
Attendance of witnesses at local inquiries.
25.—(1) An officer appointed by the Minister to hold a local inquiry may by summons in the prescribed form signed by him require any person to attend at the time and place (not being a place more than thirty miles from the residence of such person) named in such summons and there and then to give evidence or produce any document in his power, possession, or procurement relating to any matter in question at such inquiry or do both such things.
Administration of oaths at local inquiries.
26.—An officer appointed by the Minister to hold a local inquiry shall have power to take evidence on oath and for that purpose may administer oaths to persons attending before him as witnesses.
Scales of salaries for officers.
27.—(1) The Minister may by regulations made under this section prescribe the scales of salaries for the various classes of officers employed by committees of agriculture.
Travelling expenses for officers.
28.—The Minister may by regulations made under this section prescribe the cases in which travelling and maintenance expenses shall be allowed to officers of committees of agriculture who have to travel in the performance of their duties and the rates of such travelling and maintenance expenses.
Co-operation between committees.
29.—Any two or more committees of agriculture may, subject to the approval of the Minister, enter into an arrangement for the joint exercise of any of their powers under this part of this Act on such terms and conditions as may be agreed between them, and if any question arises between such committees in relation to such arrangement the matter in question shall be referred to the Minister whose decision thereon shall be final.
Contracts by committees of agriculture.
30.—(1) A committee of agriculture may make contracts with persons for the execution of works authorised by or under this Act to be executed by a committee of agriculture or for the supply of goods or materials or for any other purpose necessarily or properly arising in the execution by such committee of their functions under this Part of this Act, and every such contract made by a committee of agriculture in accordance with this section shall be as valid and effectual in all respects and for all purposes as if such committee had been, at all material times, a body corporate.
Audit of accounts of committees of agriculture.
31.—(1) The accounts of every committee of agriculture shall be audited by an auditor appointed by the Minister for Local Government and Public Health and the following enactments, that is to say, sections 11 to 15 of the Local Government (Ireland) Act, 1871 , sub-section (2) of section 63 of the Local Government (Ireland) Act, 1898 , and sections 20 and 21 of the Local Government (Ireland) Act, 1902 , as amended or adapted by or under any subsequent enactment shall apply to the audit and auditor of the accounts of such committees in the same manner as such enactments as so amended or adapted apply to the audit and auditor of the accounts of the public bodies specified therein.
Legal proceedings.
32.—Legal proceedings had or taken by a committee of agriculture shall be had or taken in the name of the council by whom such committee is appointed with the addition (after the name of such council) of the words “acting by the committee of agriculture,” and legal proceedings had or taken against a committee of agriculture shall be had or taken against the council by whom such committee is appointed with the addition (after the name of such council) of the words “acting by the committee of agriculture.”
Agricultural schemes.
33.—(1) Every committee of agriculture shall in every year prepare a scheme (in this Act referred to as an agricultural scheme) for giving assistance and instruction for the purposes of agriculture and other rural industries in its county.
Application of Article 12 of the Schedule to the Local Government (Application of Enactments) Order, 1898.
34.—Every committee of agriculture for a county shall for the purposes of Article 12 of the Schedule to the Local Government (Application of Enactments) Order, 1898, be deemed to be a committee of the council of such county and the said Article shall apply to committees of agriculture and their members accordingly subject to the modification that notwithstanding anything contained in paragraph (e) of sub-article (4) of the said Article 12, a person shall not, if otherwise qualified, be disqualified from being elected or chosen or being a member of any committee (other than a committee of agriculture) or joint committee wholly or partly appointed by the council of a county or by a board of health by reason of his having by himself or his partner received or contracted to receive any benefit or advantage offered to the public for the purposes of agriculture and other rural industries by a committee of agriculture in pursuance of an agricultural scheme administered by such committee.
Forestry schemes.
35.—(1) Where the Minister, on the joint representation of the council of a county and the committee of agriculture for such county, considers it desirable that steps should be taken to preserve existing woods standing in such county, the Minister may by order (in this Act referred to as a forestry scheme order) declare that such county is a county in which it is desirable that a forestry scheme under this section should be put into effect.
Agricultural and forestry rates.
36.—(1) Every council of a county shall in every local financial year (including the local financial year commencing on the 1st day of April, 1931) raise equally over the whole of their county (excluding any urban districts comprised therein) by means of the poor rate a sum equal to not less than a rate of two pence in the pound on the rateable value of such county at the beginning of such year, and may, if they so think fit, in any local financial year (including the local financial year commencing on the 1st day of April, 1931) raise by the same means and in the same manner an additional sum equal to not more than a rate of one penny in the pound on the rateable value of such county at the beginning of such year, and all sums raised by virtue of this sub-section are in this Act referred to as the agricultural rate.
Borrowing by county councils.
37.—(1) The council of a county may borrow for the purposes of an agricultural scheme or a forestry scheme as if those purposes were purposes for which they are authorised to borrow under Article 22 of the Schedule to the Local Government (Application of Enactments) Order, 1898, and money borrowed under this section by the council of a county for the purposes of any such scheme shall not be reckoned as part of the total debt of such council for the purposes of the said Article.
Application of moneys raised under this Act.
38.—(1) The moneys raised by the council of a county by means of the agricultural rate shall be paid without any deduction to the committee of agriculture for such county and shall be applied by such committee for all or any of the following purposes and for no other purpose whatsoever, that is to say:— (a) to defray expenditure incurred by such committee under and in accordance with an agricultural scheme approved by the Minister; (b) to defray administrative and incidental expenses incurred by such committee with the approval of the Minister; (c) to recoup in accordance with this Act and regulations made thereunder to such council any moneys raised by such council by borrowing under this Act for the purposes of an agricultural scheme and placed at the disposal of such committee; (d) to defray any payments required to be made by such committee under the provisions of this Act relating to the payment of travelling expenses to members of committees; (e) to defray any debt due by such committee to the Minister in relation to the holding of a local inquiry by the Minister; (f) to defray any payment required by this Act to be made by such committee to the Minister for Local Government and Public Health in relation to the audit of the accounts of such committee.
Application of parliamentary grants.
39.—There shall be placed at the disposal of the Minister and applied by him for the purposes of agricultural schemes or forestry schemes such moneys as may from time to time be provided by the Oireachtas for those purposes.
Regulations.
40.—(1) The Minister may by order do both or either of the following things, that is to say:— (a) make regulations in respect of the accounts of committees of agriculture and the audit of such accounts; (b) make regulations respecting the procedure of committees of agriculture in connection with the business imposed on or transferred to them by this Act.
PART III.
Transitory Provisions.
Transfer of property to committees of agriculture.
41.—(1) Upon the commencement of this Act all property, whether real or personal (including choses-in-action) which immediately before the commencement of this Act, is vested in a committee appointed under the Act of 1899 by the council of a county or in such council in relation to or for the purposes of functions, powers, and duties performed by such council through such committee shall, on the commencement of this Act and without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation or company, become and be vested in the committee of agriculture for such county.
Transfer of debts and liabilities to committees of agriculture.
42.—(1) Upon the commencement of this Act every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the commencement of this Act is owing and unpaid and has been incurred and is undischarged by the committee appointed under the Act of 1899 by the council of a county or by such council in relation to or for the purposes of functions, powers and duties performed by such council through such committee shall, on the commencement of this Act, save as is hereinafter otherwise provided, become and be the debt or liability of the committee of agriculture for such county and shall be paid or discharged by and may be recovered or enforced against such committee accordingly.
Transfer of officers to committees of agriculture.
43.—(1) Every person who, on the day before the commencement of this Act, is an officer of a committee appointed under the Act of 1899 by the council of a county or of such council in relation to or for the purposes of functions, powers and duties performed by such council through such committee shall, on the commencement of this Act, be transferred to and become and be an officer of the committee of agriculture for such county.
PART IV.
Miscellaneous.
Verification of certain claims and applications.
44.—The Minister may from time to time make regulations in relation to both or either of the following matters, that is to say:— (a) requiring any claim for payment of any moneys alleged to be due by him or a committee of agriculture to be verified by statutory declaration; (b) requiring any application made to him under any enactment and not required by or under such enactment to be verified in a particular manner to be verified by statutory declaration; and whenever any such regulations are made in relation to any such claim or application, such claim or application shall not be entertained unless and until it is verified by statutory declaration.
Transfer of land from the Forestry Commissioners.
45.—All land in Saorstát Eireann which was on the 5th day of December, 1922, by any means vested in the Forestry Commissioners established by the Forestry Act, 1919, and had not before the commencement of this Act been conveyed or transferred by statute, order, deed, or otherwise from the said Forestry Commissioners to any Minister, board, authority, or person shall immediately upon the commencement of this Act and without any conveyance, become and be vested in the Minister for all the estate, term, and interest for which the same was so vested in the Forestry Commissioners.
Reports of the Minister.
46.—(1) The Minister shall, as soon as possible after the expiration of every financial year, prepare and present to each House of the Oireachtas a report of his proceedings under this Act during such year.
The Fisheries Acts, 1842 to 1925.
47.—The Mussels, Periwinkles and Cockles (Ireland) Act, 1898, shall hereafter be included in the group of Acts which may be cited as the Fisheries Acts, 1842 to 1925.
Laying of regulations before Houses of the Oireachtas.
48.—Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if either such House shall, within twenty-one days on which such House has sat after such regulation is laid before it, pass a resolution annulling such regulation, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
Expenses.
49.—All expenses incurred by the Minister or the Minister for Industry and Commerce in carrying this Act into execution shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Repeals.
50.—The several Acts specified in the Fourth Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.
FIRST SCHEDULE.
Enactments, the Powers and Duties under which are Transferred by this Act.
3.
Section 9
of the Markets and Fairs (Weighing of Cattle) Act, 1887 , and section 2 and sub-section (1) of section 4 of the Markets and Fairs (Weighing of Cattle) Act, 1891 .
11.
Sections 18 and 47 of the Irish Land Act, 1909 12. The Horse Breeding Act, 1918.
SECOND SCHEDULE.
Appointment and Membership of Committees of Agriculture.
THIRD SCHEDULE.
Rules for Payments of Travelling Expenses.
FOURTH SCHEDULE.
Enactments Repealed.
Session and Chapter.
Short title.
Extent of Repeal.
57 & 58 Vic. c. 57.
Diseases of Animals Act, 1894.
Section 50.
62 & 63 Vic. c. 50.
Agriculture and Technical Instruction (Ireland) Act, 1899.
The whole Act save in so far as it relates to technical instruction.
2 Edw. VII. c. 3.
Agriculture and Technical Instruction (Ireland) Act, 1902.
The whole Act save in so far as it relates to technical instruction.
2 Edw. VII. c. 33.
Agriculture and Technical Instruction (Ireland) (No. 2.) Act, 1902.
The whole Act.
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