Exported Live Stock (Insurance) Act, 1943

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EXPORTED LIVE STOCK (INSURANCE) ACT, 1943.

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

Section 1

Short title and collective citation.

Section 2

Definitions.

Section 3

The appointed day.

Section 4

Appointed minimum value of animals for levy purposes.

Section 5

Appeals against determination of claims for compensation in respect of lost or damaged live stock.

PART II.

Amendment of the Principal Act.

Section 6

New provisions in relation to the Exported Live Stock (Insurance) Board.

Section 7

Amendment of section 11 of the Principal Act.

Section 8

Amendment of section 16 of the Principal Act.

Section 9

Amendment of section 18 of the Principal Act.

Section 10

Amendment of section 21 of the Principal Act.

PART III.

Extension of the Principal Act to Animals Exported Via Northern Ireland.

Section 11

Interpretation of Part III.

Section 12

Levies on animals exported via Northern Ireland.

Section 13

The owner's statement.

Section 14

Compensation in respect of lost or damaged live stock exported via Northern Ireland.

Section 15

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

PART IV.

Recovery of Damages by the Board Against Negligent Shipping or Railway Company.

Section 16

Recovery of damages by the Board against negligent shipping or railway company.

Acts Referred to Exported Live Stock (Insurance) Act, 1940 No. 25 of 1940 Detained Animals (Compensation) Act, 1932 No. 9 of 1932 Number 2 of 1943.

EXPORTED LIVE STOCK (INSURANCE) ACT, 1943.

AN ACT TO AMEND AND EXTEND THE EXPORTED LIVE STOCK (INSURANCE) ACT, 1940 . [23rd February, 1943.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title and collective citation.

1.—(1) This Act may be cited as the Exported Live Stock (Insurance) Act, 1943.

Definitions.

2.—In this Act— the expression “the Minister” means the Minister for Agriculture; the expression “the Principal Act” means the Exported Live Stock (Insurance) Act, 1940 (No. 25 of 1940); the expression “the Board” means the Exported Live Stock (Insurance) Board; the expression “the National Executive” means the National Executive of the Irish Live Stock Trade; the word “animal” has the same meaning as in the Principal Act.

The appointed day.

3.—The Minister may by order appoint such day as he thinks fit to be the appointed day for the purposes of this Act and the expression “the appointed day” means in this Act the day so appointed.

Appointed minimum value of animals for levy purposes.

4.—(1) For the purposes of computing the amount of the levy on animals payable under the Principal Act and

Part III

of this Act, the Board, after consultation with the National Executive, shall, before the appointed day, and may thereafter whenever and so often as it thinks fit, by order— (a) divide cattle into such and so many classes as it thinks fit; (b) appoint— (i) as regards each such class of cattle, a specified sum to be the minimum value of a head of cattle of that class, (ii) a specified sum to be the minimum value of a sheep (other than a lamb), (iii) a specified sum to be the minimum value of a lamb, (iv) a specified sum to be the minimum value of a pig.

Part II

of this Act, in the next following section and in

Part III

of this Act, to the appointed minimum value of an animal shall be construed as references to the sum appointed by an order under this section and for the time being in force, as the minimum value of an animal of the same kind.

Appeals against determination of claims for compensation in respect of lost or damaged live stock.

5.—(1) Where a committee of assessors who investigated a claim for compensation under section 18 of the Principal Act has disallowed, at any time before the appointed day, the claim in whole or in part, then if, but only if, the claimant, within fourteen days after the appointed day, requests the Board in writing to refer his claim to the standing referee and deposits with the Board the appropriate appeal fee, the Board shall refer the claim to the standing referee.

PART II.

Amendment of the Principal Act.

New provisions in relation to the Exported Live Stock (Insurance) Board.

6.—(1) The Board shall as from the passing of this Act consist of nine members, and the National Executive shall, as soon as may be after the said passing, appoint a person to be a member of the Board.

Amendment of section 11 of the Principal Act.

7.—

Section 11

of the Principal Act is hereby amended by the insertion of the words “acquire or” before the words “take on lease”.

Amendment of section 16 of the Principal Act.

8.—Sub-section (1) of section 16 of the Principal Act is hereby amended with effect as on and from the appointed day, as defined by section 3 of this Act, by the insertion after the words “the declared value of such animal” of the words “or, if the declared value and the appointed, minimum value of such animal differ, of whichever of the said values is the greater”.

Amendment of section 18 of the Principal Act.

9.—(1) Sub-section (1) of section 18 of the Principal Act is hereby amended by the insertion, after the words “the declared value of such animal” and within the brackets, of the words “or if the declared value and the appointed minimum value of such animal differ, whichever of the said values is the greater”.

Amendment of section 21 of the Principal Act.

10.—

Section 21

of the Principal Act is hereby amended by the insertion at the end thereof of the following sub-section— “(5) Where a committee of assessors investigating a claim for compensation under this Act have disallowed the claim, a committee of assessors may, if fresh evidence is produced by the claimant within three months after the date of disallowance, re-investigate the claim and on such re-investigation deal with the claim as if such disallowance had not been made.”.

PART III.

Extension of the Principal Act to Animals Exported Via Northern Ireland.

Interpretation of Part III.

11.—(1) References in this Part of this Act to the Principal Act shall be construed as references to the Principal Act as amended by

Part II

of this Act.

Levies on animals exported via Northern Ireland.

12.—(1) The owner of each animal which is, on or after the appointed day, delivered in the State to a carrier for shipment via Northern Ireland 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 or, if the declared value and the appointed minimum value of such animal differ, of whichever of the said values is the greater.

The owner's statement.

13.—(1) Where the owner of any animals delivers, on or after the appointed day, such animals in the State to a carrier for shipment via Northern Ireland 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 carrier in duplicate a statement (in this Part of this Act referred to as the owner'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 set out in the appropriate Customs Form; (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 carrier affix in the prescribed manner to one of the said duplicates levy stamps of a face value equal to the levies payable under this Part of this Act in respect of such animals; (c) such carrier shall not place such animals in any railway waggon or vehicle 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; (d) if such carrier places any such animals in a railway waggon or vehicle without the delivery to him of the owner's statement covering such animals and duly stamped in accordance with this sub-section, such carrier shall pay to the Board a sum equal to the whole of the levies payable under this Part of 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 carrier to the Board and shall be recoverable as a simple contract debt; (e) such carrier 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 exported via Northern Ireland.

14.—(1) Where— (a) an animal is delivered, on or after the appointed day, in the State for shipment via a Northern Ireland port to a British landing place, and (b) an owner's statement has, in accordance with this Part of 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 or, if the declared value and the appointed minimum value of such animal differ, whichever of the said values is the greater) and the right to such compensation and the amount thereof shall be determined under and in accordance with the Principal Act.

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

15.—Where— (a) an animal is delivered, on or after the appointed day, in the State for shipment via a Northern Ireland port to a British landing place, and (b) an owner's statement has in accordance with this Part of 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 and the right to such compensation and the amount thereof shall be determined under and in accordance with the Principal Act.

PART IV.

Recovery of Damages by the Board Against Negligent Shipping or Railway Company.

Recovery of damages by the Board against negligent shipping or railway company.

16.—Where— (a) compensation in respect of loss or damage to an animal is payable under section 18 of the Principal Act, or under section 14 of this Act, and (b) such loss or damage is alleged to have occurred in circumstances creating a legal liability on a shipping or railway company, the following provisions shall have effect, that is to say:— (i) the owner or the personal representative of the owner of the animals shall not take proceedings against such company claiming damages in respect of such loss or damage; (ii) the Board may, in the name and on behalf of such owner or personal representative, take such proceedings; (iii) if in such proceedings the claim is established the damages to be awarded shall be a sum equal to the amount of such compensation; (iv) the damages so awarded shall be payable to the Board and when received by the Board paid into the Exported Live Stock (Insurance) Fund; (v) any costs and expenses incurred by such owner or his personal representative in such proceedings shall be paid by the Board.

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