Exported Live Stock (Insurance) Act, 1940

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EXPORTED LIVE STOCK (INSURANCE) ACT, 1940.

ARRANGEMENT OF SECTIONS Section

Section 1

Definitions.

Section 2

The establishment date and the appointed day.

Section 3

Establishment of the Exported Live Stock (Insurance) Board.

Section 4

Constitution of the Board.

Section 5

Provisions in relation to appointment terms of office, resignation, etc., of members of the Board.

Section 6

Travelling expenses and allowances of members of the Board.

Section 7

Meetings.

Section 8

Chairman and vice-chairman.

Section 9

Procedure at meetings.

Section 10

Seal of the Board.

Section 11

Offices of the Board.

Section 12

Officers of the Board.

Section 13

Exported Live Stock (Insurance) Fund.

Section 14

Accounts and audit.

Section 15

Levy stamps.

Section 16

Levies on exported animals.

Section 17

The shipper's statement.

Section 18

Compensation in respect of lost or damaged live stock.

Section 19

Compensation in respect of liability on foot of general average contribution.

Section 20

Committee of assessors.

Section 21

Determination of claims for compensation and payment of compensation.

Section 22

Expenses of committees of assessors.

Section 23

Rules by the Board.

Section 24

Short title.

Act Referred to Detained Animals (Compensation) Act, 1932 No. 9 of 1932 Number 25 of 1940.

EXPORTED LIVE STOCK (INSURANCE) ACT, 1940.

AN ACT TO MAKE PROVISION FOR INSURING CERTAIN SHIPPERS OF LIVE STOCK AGAINST LOSS OF, OR DAMAGE TO, SUCH LIVE STOCK OCCURRING IN COURSE OF TRANSIT, AND AGAINST LIABILITY FOR GENERAL AVERAGE CONTRIBUTIONS UNDER THE MARINE INSURANCE ACT, 1906, TO PROVIDE FOR THE PAYMENT OF LEVIES BY SUCH SHIPPERS, AND TO PROVIDE FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [10th July, 1940.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Definitions.

1.—In this Act— the expression “the Minister” means the Minister for Agriculture; the expression “the National Executive” means the National Executive of the Irish Live Stock Trade; 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, a sow, a hog and a bonham; the expression “live stock” means animals which are cattle, sheep or pigs; the word “animal” means any kind of live stock; the expression “British landing place” has the meaning assigned to it by the Detained Animals (Compensation) Act, 1932 (No. 9 of 1932); the word “prescribed” means prescribed by rules made under this Act by the Exported Live Stock (Insurance) Board.

The establishment date and the appointed day.

2.—(1) The Minister shall by order appoint such day as he thinks fit to be the establishment date for the purposes of this Act, and the expression “the establishment date” means in this Act the day so appointed.

Establishment of the Exported Live Stock (Insurance) Board.

3.—(1) On the establishment date there shall, by virtue of this sub-section, be established a body (in this Act referred to as the Board) to be styled and known as the Exported Live Stock (Insurance) Board to fulfil the functions assigned to it by this Act.

Constitution of the Board.

4.—(1) The Board shall consist of eight members.

Provisions in relation to appointment terms of office, resignation, etc., of members of the Board.

5.—(1) The members of the Board shall be appointed quinquennially by the National Executive, and the first of such appointments shall be made in the year in which the establishment date falls, and in this Act the expression “election year” means any year in which members of the Board are required by this sub-section to be appointed.

Travelling expenses and allowances of members of the Board.

6.—There shall be paid out of the Fund to the members of the Board, in respect of their attendance at meetings of the Board, travelling expenses and subsistence allowance at such rates and on such scales as shall from time to time be fixed by the National Executive.

Meetings.

7.—(1) The Board shall hold its first meeting not later than seven days after the establishment date.

Chairman and vice-chairman.

8.—(1) The Board shall, at its first meeting and also at every annual meeting, elect one of its members to be chairman of the Board and another of its members to be vice-chairman of the Board.

Procedure at meetings.

9.—(1) The quorum for a meeting of the Board shall be three.

Seal of the Board.

10.—(1) The Board shall immediately upon its establishment provide itself with a seal.

Offices of the Board.

11.—The Board may take on lease any premises for the purpose of providing offices for the Board.

Officers of the Board.

12.—(1) The National Executive may, from time to time as occasion requires, appoint a person to be secretary of the Board and another person to be the assistant secretary of the Board, and every person so appointed shall hold office upon such terms and conditions as the National Executive may determine and shall be paid out of the Fund such remuneration and expenses as the National Executive may fix.

Exported Live Stock (Insurance) Fund.

13.—(1) The Board shall establish, maintain and manage in accordance with this Act a fund (in this Act referred to as the Fund) to be called and known as the Exported Live Stock (Insurance) Fund.

Accounts and audit.

14.—(1) The Board shall, within one month after the expiration of the financial year ending on the 31st day of March, 1941, and within one month after the expiration of every subsequent financial year, prepare an account showing all payments into and disbursements from the Fund and all investments, sales of investments and other dealings with the Fund during the financial year to which such account relates.

Levy stamps.

15.—(1) The Board shall, for the purposes of the collection of levies payable under this Act, cause to be prepared and shall supply and put on sale at such places and in such quantities as the Board thinks fit adhesive stamps (in this Act referred to as levy stamps) of such denominations as the Board thinks fit and of such design as the Minister may approve.

Levies on exported animals.

16.—(1) The owner of each animal which is, on or after the appointed day, delivered to a shipowner for shipment from a port in the State to a British landing place shall pay, by means of levy stamps, in respect of such animal, to the Board a levy of an amount equal to the appointed percentage, at the time of delivery, of the declared value of such animal.

The shipper's statement.

17.—(1) Where the owner of any animals delivers, on or after the appointed day, such animals to a shipowner for shipment from a port in the State to a British landing place, the following provisions shall have effect, that is to say:— (a) such owner shall before so delivering such animals deliver to such shipowner in duplicate a statement (in this Act referred to as the shipper's statement) in writing in the prescribed form containing the following particulars, that is to say:— (i) the name and address of such owner, (ii) the number 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 Agriculture for a certificate of health required in respect of such animals under any order made under the Diseases of Animals Acts, 1894 to 1938 and for the time being in force, (iii) in respect of each animal to which such statement relates, the sum which is in the opinion of such owner, the value of such animal; (b) such owner shall before delivering such statement to such shipowner affix in the prescribed manner to one of the said duplicates levy stamps of a face value equal to the levies payable under this Act in respect of such animals; (c) the shipper's statement shall be delivered by such owner to such shipowner at the same time as the said certificate of health relating to such animals is delivered to such shipowner; (d) such shipowner shall not take such animals on board unless he is satisfied that the number and description of such animals correspond to the number and description contained in such statement and that one of the duplicates of such statement has affixed thereto the levy stamps required by paragraph (b) of this sub-section; (e) if such shipowner takes on board any such animals without the delivery to him of the shipper's statement covering such animals and duly stamped in accordance with this sub-section, such shipowner shall pay to the Board a sum equal to the whole of the levies payable under this Act in respect of such animals or so much of the said levies as is not represented by levy stamps affixed to such statement, and such sum shall be a debt due by such shipowner to the Board and shall be recoverable as a simple contract debt; (f) such shipowner shall upon receiving such statement deliver as soon as may be to the Board the duplicate upon which the levy stamps have been affixed.

Compensation in respect of lost or damaged live stock.

18.—(1) Where— (a) an animal is exported, on or after the appointed day, from a port in the State to a British landing place, and (b) a shipper's statement has, in accordance with this Act, been delivered in respect of such animal, and (c) such animal is lost or damaged, either on land or sea, while in transit, the owner or the personal representative of the owner of such animal shall be entitled to be paid, in respect of such loss or damage, compensation (not exceeding the declared value of such animal) under and in accordance with this Act.

Compensation in respect of liability on foot of general average contribution.

19.—Where— (a) an animal is exported, on or after the appointed day, from a port in the State to a British landing place, and (b) a shipper's statement has in accordance with this Act been delivered in respect of such animal, and (c) the owner or the personal representative of the owner of such animal is liable, under the Marine Insurance Act, 1906, to pay, as such owner or as the personal representative of such owner, a general average contribution, within the meaning of the said Act, such owner or the personal representative of such owner shall be entitled to be paid in respect of such liability by way of compensation a sum equal to such general average contribution.

Committee of assessors.

20.—(1) Every claim for compensation under this Act in respect of cattle or sheep shall be referred by the Board to, and shall be investigated by, a committee of assessors consisting of three persons who shall, if and so far as qualified members of the Board are available, be members of the Board and be appointed by the Board and shall, if or so far as such members are not available, be persons engaged in the cattle trade or the sheep trade and be appointed on the request of the Board by the National Executive, but no such committee of assessors shall include a member of the Board who is engaged in the pig trade.

Determination of claims for compensation and payment of compensation.

21.—(1) When a committee of assessors have investigated a claim for compensation under this Act they shall determine whether the claimant is or is not entitled to such compensation, and where such committee determine that such claimant is entitled to such compensation such committee shall fix the amount thereof.

Expenses of committees of assessors.

22.—There shall be paid out of the Fund to members of committees of assessors (whether such members are or are not members of the Board) in respect of their performance of their duties as such members under this Act travelling expenses and subsistence allowances at such rates and on such scales as shall from time to time be fixed by the National Executive.

Rules by the Board.

23.—The Board may make rules in regard to all or any of the following matters, that is to say:— (a) the form and method in which applications for compensation under this Act are to be made; (b) 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; (c) any matter referred to in this Act as prescribed.

Short title.

24.—This Act may be cited as the Exported Live Stock (Insurance) Act, 1940.

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