No. 23/1937:

PIGS AND BACON ACT, 1937

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

1 Short title and citation.

2 Definitions generally.

3 Application of section 3 of the Principal Act.

4 Cancellation of registration of minor curers and revocation of licences.

5 Expenses of the Minister.

PART II AMENDMENT OF PART II OF THE PRINCIPAL ACT

6 Amendment of definition of "preliminary period".

7 Amendment of section 14 of the Principal Act.

8 Amendment of section 24 of the Principal Act.

9 Amendment of section 72 of the Principal Act.

10 Obligation of licensee to present bacon for examination by veterinary examiners and consequential amendments of the Principal Act.

PART III AMENDMENT OF PART III OF THE PRINCIPAL ACT

11 Definition for purposes of Part III.

12 Appointed day for purposes of Part III.

13 Elections of ordinary members of the Bacon Marketing Board to be held biennially in lieu of triennially.

14 Increase of number of members of the Bacon Marketing Board.

15 Amendment of section 92 of the Principal Act.

16 Application of section 92 of the Principal Act to orders made under Part III of this Act.

17 Amendment of section 95 of the Principal Act.

18 Application of section 97 of the Principal Act.

19 Amendment of section 98 of the Principal Act.

20 Cesser of sections 99, 100, and 101 of the Principal Act.

21 Production sub-quotas for licensed premises.

22 Increase of production quotas and consequential increase of production sub-quotas.

23 Penalty for under-production of bacon.

24 Penalty for over-production of bacon.

25 Method of calculating, for the purposes of this Part of this Act, the quantity of bacon produced during a production period.

26 Cesser of sections 103 and 104 of the Principal Act.

27 Home-sales sub-quotas for licensed premises.

28 Increase of sales quotas and consequential increase of home-sales sub-quotas.

29 Penalty for consigning bacon in excess of home-sales sub-quota.

30 External-sales quotas.

31 External-sales sub-quotas for licensed premises.

32 Increase of external-sales quotas and consequential increase of external-sales sub-quotas for licensed premises.

33 Penalty for failure to export bacon up to amount of external-sales sub-quota.

34 Penalty for exporting bacon in excess of external-sales sub-quota.

35 Amendment of section 114 of the Principal Act.

36 Application of section 115 of the Principal Act.

37 Validity of orders of the Bacon Marketing Board.

38 Evidence.

39 Payments by the Bacon Marketing Board to certain former curers.

40 Surrender of licences by licensees in consideration of payments by the Bacon Marketing Board.

PART IV AMENDMENT OF PART IV OF THE PRINCIPAL ACT

41 Definitions for purposes of Part IV.

42 The appointed day for purposes of Part IV.

43 Elections of curer members of the Pigs Marketing Board and nominations of producer members of the said Board to be held and made biennially in lieu of triennially.

44 Application of section 118 of the Principal Act.

45 Amendment of section 120 of the Principal Act.

46 Amendment of section 121 of the Principal Act.

47 Amendment of section 127 of the Principal Act.

48 Determination of questions by the Pigs Marketing Board.

49 Amendment of section 137 of the Principal Act.

50 Application of section 139 of the Principal Act.

51 Cesser of power of making orders under section 140 of the Principal Act.

52 Exclusion of certain kinds of pigs.

53 Method of ascertaining weight of carcases of pigs.

54 Classification and grading of pigs and carcases.

55 Appointed price orders.

56 Freight allowance.

57 Buying allowance.

58 Insurance allowance.

59 Damage allowance.

60 Restriction on price of pigs and carcases.

61 Provisions in relation to pigs sold at licensed premises.

62 Sale certificates.

63 Marking of carcases.

64 Amendment of section 145 of the Principal Act.

65 Amendment of section 146 of the Principal Act.

66 Weekly returns by licensees of proposed slaughtering of pigs.

67 Tenders of pigs by producers.

68 Sale orders.

69 Hypothetical price orders.

70 Levies payable by licensees and registered minor curers.

71 Payments to licensees and registered minor curers in respect to bacon.

72 Amendment of section 147 of the Principal Act.

73 Amendment of section 148 of the Principal Act.

74 Amendment of section 149 of the Principal Act.

75 Amendment of section 153 of the Principal Act.

76 Application of section 154 of the Principal Act.

77 Validity of orders of the Pigs Marketing Board.

78 Evidence.

AN ACT TO AMEND THE PIGS AND BACON ACT, 1935 , TO PROVIDE FOR THE IMPOSITION OF LEVIES ON PIGS AND CARCASES OF PIGS PURCHASED BY BACON PRODUCERS, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[12th June, 1937.]

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

PART I PRELIMINARY AND GENERAL

1.—This Act may be cited as the Pigs and Bacon Act, 1937 , and the Principal Act and this Act may be cited together as the Pigs and Bacon Acts, 1935 and 1937.

2.—In this Act—

the expression "the Minister" means the Minister for Agriculture;

the expression "the Principal Act" means the Pigs and Bacon Act, 1935 (No. 24 of 1935);

the expressions "licensee", "licensed premises" and "registered minor curer" have the same meanings as in The Principal Act.

3.—The expression "this Act" in sub-section (1) of section 3 of the Principal Act shall be construed as meaning The Principal Act or this present Act.

4.—(1) Where a registered minor curer is convicted of an offence under any section of this Act, he shall for the purposes of sub-section (2) of section 19 of the Principal Act be deemed to have been convicted of an offence under a section of The Principal Act, and the said sub-section (2) shall be construed and have effect accordingly.

(2) A contravention of any of the provisions of this Act by a licensee shall, for the purposes of section 30 of the Principal Act, be deemed a contravention of a provision of The Principal Act, and the said section 30 shall apply and have effect accordingly.

5.—All expenses incurred by the Minister 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.

PART II AMENDMENT OF PART II OF THE PRINCIPAL ACT

6.—The definition of the expression "the preliminary period" contained in section 5 of the Principal Act is hereby amended by the deletion of the words "two years" now contained therein and the substitution therefor of the words "one year", and The Principal Act, and The Principal Act as amended by this Act, shall be construed and have effect accordingly.

7.—Sub-section (1) of section 14 of the Principal Act is hereby amended by the substitution of the word "person" for the word "persons" now contained therein, and the said sub-section shall be construed and have effect accordingly.

8.—Sub-section (3) of section 24 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

(1) by the insertion of the following paragraph in lieu of paragraph (a) now contained therein, that is to say:—

"( a ) an application is made, not later than one month after the expiration of the preliminary period, for a licence in respect of any premises, and";

(2) by the insertion of the following paragraph in lieu of paragraph (c) now contained therein, that is to say:—

"( c ) the applicant satisfies the Minister that he manufactured at such premises during not less than forty-five weeks in the preliminary period at least two thousand two hundred hundredweights of bacon,".

9.—The reference in sub-section (1) of section 72 of the Principal Act to the Agricultural Produce (Regulation of Export) Act, 1933 (No. 26 of 1933) shall be construed as a reference to the Agricultural Products (Regulation of Export) Acts, 1933 and 1935.

10.—(1) Where bacon has been produced in licensed premises from carcases which have had applied thereto the marks (in this sub-section referred to as the carcase marks) prescribed by the regulations made under sub-section (1) of section 54 of The Principal Act, and such bacon bears the carcase marks, the licensee in respect of such premises shall, before such bacon is consigned from such premises, present such bacon to a veterinary examiner for examination in accordance with the veterinary examination (bacon) regulations made under sub-section (3) of section 52 of the Principal Act and upon such presentation the following provisions shall have effect, that is to say:—

( a ) in case such veterinary examiner is, upon such examination, satisfied that such bacon has been produced in accordance with the regulations for the production of bacon made under section 43 of the Principal Act and that such bacon is fit for human consumption lie shall inform the licensee accordingly;

( b ) in case such veterinary examiner is upon such examination not so satisfied, lie shall effectively remove, from such bacon the carcase marks.

(2) If any licensee fails to comply with the provisions of sub-section (1) of this section such licensee shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding one hundred pounds.

(3) An offence under this section may be prosecuted by or at the suit of the Minister as prosecutor.

(4) The Principal Act is hereby amended in the following, respects and shall be construed and have effect accordingly, that is say:—

( a ) by the deletion of sub-sections (2) and (4) of section 54;

( b ) by the deletion in sub-section (3) of the said section 54 of the words "or the bacon (as the case may be)";

( c ) by the deletion in sub-section (5) of the said section 54 of the words "or any bacon";

( d ) by the deletion of section 56;

( e ) by the deletion in sub-section (1) of section 57 of the Principal Act of the words "to which a veterinary examiner has applied the marks prescribed by the regulations for the marking, of bacon" and the substitution for the words so deleted of the words "being bacon which boars the marks prescribed by the regulations for the marking of carcases and which has been found by a veterinary examiner upon examination to have been produced in accordance with the regulations for the production of bacon and to be fit for human consumption,";

( f ) by the deletion in sub-section (3) of the said section 57 of the words "to which the marks prescribed by the regulations for marking bacon have been applied by a veterinary examiner" and the substitution for the words so deleted of the words "being bacon which bears the marks prescribed by the regulations for the marking of carcases and which has been found by a veterinary examiner upon examination to have been produced in accordance with the regulations for the production of bacon and to be fit for human consumption,";

( g ) by the deletion in paragraph (b) of sub-section (1) of section 66 of the words "bacon by veterinary examiners" and the substitution for the words so deleted of the word "carcases";

( h ) by the deletion in paragraph (c)of sub-section (1) of section 71 of the words "a bacon (veterinary examiner's) mark";

(i) by the deletion in sub-section (4) of the said section 71 of the definition of the expression "bacon (veterinary examiner's)" mark and of the words "which is an instrument for the marking of bacon with a bacon (veterinary examiner's) mark and is of the design prescribed by regulations for the marking of bacon by veterinary examiners; or".

PART III AMENDMENT OF PART III OF THE PRINCIPAL ACT

11.—In this Part of this Act the expression "the Board" means the Bacon Marketing Board.

12.—(1) The Minister may by order appoint a day to be the appointed day for the purposes of Part III of this Act.

(2) In this Part of this Act the expression "the appointed day" means the day appointed by the Minister under this section to be the appointed day for the purposes of the said Part.

13.—(1) So much of Part III of The Principal Act as provider, for the holding of triennial elections of ordinary members and substitutive members of the Board shall cease to have effect and in lieu thereof it is hereby enacted that biennial elections of ordinary members and substitutive members of the Bacon Marketing Board shall be held and the first of such biennial elections shall be held in the year 1938.

(2) For the purposes of giving full effect to the next preceding sub-section of this section the following provisions shall have effect, that is to say:—

( a ) the expression "election year" wherever it occurs in Part III of the Principal Act, shall, in lieu of the meaning assigned to it by sub-section (2) of section 73 of the Principal Act, mean a year which is either—

(i) the year 1936, or

(ii) any year in which an election of ordinary members and substitutive members of the Board is required by sub-section (1) of this section to be held;

( b ) sub-section (1) of section 82 of the Principal Act shall be construed and have effect as if in paragraph (b) of the said sub-section the word "two" were substituted for the word "three" now contained in the said paragraph;

( c ) sub-section (2) of section 89 of the Principal Act shall be construed and have effect as if in paragraph (b) of the said sub-section the word "two" were substituted for the word "three" now contained in flip said paragraph;

( d ) sub-section (2) of section 91 of the Principal Act is hereby amended by the substitution of the word "biennial" for the word "triennial" now contained therein, and The Principal Act shall be construed and have effect accordingly.

14.—(1) From and after the biennial election (in this section referred to as the next election) of ordinary members of the Board to be held next after the passing of this Act, so much of sub-section (3) of section 74 of the Principal Act as provides that the number of members of the Board shall be eight and the number of ordinary members of the Board shall be seven shall cease to have effect, and in lieu thereof it is hereby enacted that from and after the next election the number of members of the Board shall be nine and the number of ordinary members of the Board shall be eight.

(2) For the purposes of giving full effect to the next preceding sub-section of this section, the following provisions of Part III of The Principal Act shall, from and after the next election, be amended in the following respects and the said Part III shall be construed and have effect accordingly, that is to say:—

( a ) by the deletion in sub-section (3) of section 74 of the words "eight" and "seven" and the respective substitution therefor of the words "nine" and "eight";

( b ) by the deletion in sub-sections (2) and (3) of section 77 of the word "seven" wherever it occurs and the substitution therefor in each case of the word "eight".

15.—Sub-section (2) of section 92 of the Principal Act is hereby amended by the deletion therefrom of paragraph (f)(being the paragraph commencing with the words "an order" and ending with the words "production of bacon"), and the said sub-section shall be construed and have effect accordingly.

16.—(1) Sub-section (2) of section 92 of the Principal Act shall apply in respect of the making by the Board of any order (other than an allocation (production quota) order) under this Part of this Act.

(2) Sub-section (3) of section 92 of the Principal Act shall apply in respect of the making by the Board of an allocation (production quota) order under this Part of this Act.

17.—(1) Sub-section (1) of section 95 of the Principal Act is hereby amended by the substitution of the word "six" for the word "three" now contained therein, and the said sub-section shall he construed and have effect accordingly.

(2) The expression "this Part of this Act" in sub-section (2) of section 95 of the Principal Act shall be construed as meaning Part III of The Principal Act or this Part of this Act.

18.—The expression " this Part of this Act " where it occurs in sub-sections (2), (3), (4) and (5) of section 97 of the Principal Act shall be construed as meaning Part III of The Principal Act or this Part of this Act.

19.—Sub-section (2) of section 98 of the Principal Act is hereby amended by the substitution of the words "the last day of a production period or, if the last day of a production period is either a Saturday or a Sunday, the last Friday in such production period" for the words "one week before the end of a production period," now contained therein, and the said sub-section shall be construed and have effect accordingly.

20.—(1) The Board shall not, on or after the appointed day, make any order under sub-section (1) of section 99 of the Principal Act.

(2) Sections 100 and 101 of the Principal Act shall cease to apply in respect of any production period commencing on or after the appointed day.

21.—(1) Whenever the Board on or after the appointed day makes a production order at any meeting, the Board shall at such meeting make an order (in this Part of this Act referred to as an allocation (bacon production quota) order) allotting, subject to the provisions of this section, the production quota in respect of the production period appointed by such production order amongst all licensed premises in such proportions as the Board thinks proper, and references in this Part of this Act to the production sub-quota for particular licensed premises in respect of a particular production period shall, subject to the provisions of the next following section, be construed as references to the portion of the production quota in respect of such production period allotted to such premises by an allocation (bacon production quota) order.

(2) In making an allocation (bacon production quota) order, the Board shall so allot the production quota to which such order relates as to ensure that the quantity of bacon allotted thereunder to any licensed premises will not, if taken in terms of a monthly rate, be less than three hundred hundredweights per month.

(3) Where the Minister has granted, on or after the appointed day, a licence in respect of any premises, he may, on any occasion, the period of fourteen months commencing on the date of such licence, on which the Board makes an allocation (bacon production quota) order, request the Board in making such order to allot by such order to such premises in case such premises are licensed in pursuance of sub-section (3) of section 24 of the Principal Act, a sub-quota equal to the smallest sub-quota to be allotted by such order or, in any other case, a specified proportion of the production quota in respect of the production period to which such order relates, and the Board shall comply with any such request.

(4) In allotting under an allocation (bacon production order a portion of the production quota in respect of a particular production period to any licensed premises, the Board shall, subject to the provisions of the two immediately preceding sub-sections, have regard to—

( a ) the obligations of the licensee in respect of such premises under any order made by the Minister under section 2 of the Agricultural Products (Regulation of Export) Act, 1933 (No. 26 of 1933), as amended by the Agricultural Products (Regulation of Export) (Amendment) Act, 1935 (No. 15 of 1935), and

( b ) in case such allocation (bacon production quota) order relates to the production quota in respect of any production period commencing on or after the appointed day, the quantity of bacon (being bacon produced on such licensed premises) consigned (other than by way of export) on sale by such licensee during the calendar year next preceding the year in which such allocation (bacon production quota) order is made, and

( c ) in case such allocation (bacon production quota) order relates to the production quota in respect of any production period commencing on or alter the appointed day, the quantity of bacon (being bacon produced on such licensed premises) lawfully consigned by way of export on sale by such licensee to any country other than Great Britain or Northern Ireland during the calendar year next preceding the year in which such allocation (bacon production quota) order is made, and

( d ) the extent (if any) to or by which the quantity of bacon produced on such premises during any previous production period was less or greater than the production sub-quota for such premises in respect of such production period.

(5) Whenever on or after the appointed day the Board makes an allocation (bacon production quota) order in respect of a particular production period, the following provisions shall have effect, that is to say:—

( a ) the Board shall make in respect of each licensed premises a certificate (in this Part of this Act referred to as a production sub-quota certificate) certifying the quantity of bacon which has been allotted to such premises by such order and the production period to which such order relates, and such certificate shall be conclusive evidence of the matters so certified;

( b ) the Board shall, not later than the second day of such production period, cause a copy of such certificate to be served on the licensee in respect of such premises.

(6) The Board may, on the joint application of the holder of a licence in respect of particular premises and the holder of a licence in respect of other premises, transfer from such first-mentioned premises to such other premises the whole or any part of the production sub-quota for such first-mentioned premises in respect of a particular production period, and thereupon the production sub-quota for such first-mentioned premises in respect of such production period and the production sub-quota for such other premises in respect of such production period shall, for the purposes of this Part of this Act, be deemed to have been respectively decreased and increased accordingly.

22.—(1) Subject to the Provisions of this section, the Board may by order amend a production order in respect of a production period by appointing in additional quantity of bacon (in this Section referred to as the additional quota) to be produced during such period, and in such ease the Board not later than three days after the making of the amending order, cause to be served on each licensee of licensed premises upon whom a copy of the production sub-quota certificate in respect of such production period was served a copy of the amending order and thereupon the production sub-quota for such premises in respect of such production period shall, for the purposes of this Part of this Act, be by a quantity of bacon which bears to the additional quota the same proportion as the sum of the home-sales sub-quota and the external-sales sub-quota (if any) for such premises for the sale period and the external-sale period respectively next immediately preceding the date of such order bears to the sum of the sales quota for such sale period and the external-sales quota for such external-sale period.

(2) The Board shall not an order under this section a production order later than ten days before the expiration of the production period appointed by such production order.

23.—Where—

( a ) a copy of a production sub-quota certificate in relation to any premises has been duly served on the licensee in respect of such premises, and

( b ) the quantity of bacon produced in such premises during the production period specified in such certificate is less than ninety-live per cent. of the production sub-quota for such premises in respect of such period,

such licensee shall be guilty of an offence under this section and shall be liable on. summary conviction thereof to a fine calculated at the rate of ten shillings for every hundredweight by which the amount of bacon produced at such premises during such production period falls short of the production sub-quota for such premises in respect of such period.

24.—Where—

( a ) a copy of a production sub-quota certificate in relation to any premises has been duly served on the licensee in respect of such promises, and

( b ) the quantity of bacon produced in such premises during the production period specified in such certificate exceeds by more than ten per cent. the production sub-quota for such premises in respect of such period,

such licensee shall be guilty of in offence under this section and shall be liable on summary conviction thereof to a fine calculated at the rate of ten shillings for every hundredweight by which the amount of bacon produced at such premises during such production period exceeds the production sub-quota for such premises in respect of such period.

25.—(1) The Board may, and so often as it thinks fit, by order do, in respect of any licensed premises, the following things—

( a ) declare the weight of bacon which, the opinion of the Board, can, in normal circumstances, be produced at such premises from a specified weight of carcases;

( b ) appoint, by reference to the proportion which such weight of bacon bear to such specified weight of carcases and on the basis that such specified weight of carcases represents one hundred per cent., the percentage which represents such weight of bacon.

(2) An order under sub-section (1) of this section may relate to more than one licensed premises, and in such case such order may contain different provisions in respect of each of the licensed premises to which such order relates.

(3) The Board may by order under this sub-section revoke any order made, under sub-section (1) of this section.

(4) Where a percentage has been appointed in respect of any licensed premises by an order which is made under this section and is in force during any production period, the quantity of bacon produced in such premises during such period shall, for the purposes of this Part of this Act, be taken to be an amount equal to the said percentage of the weight of the carcases of all pigs slaughtered in such premises during such period and, used for the production of bacon.

(5) For the purposes of enabling the Board to make an order under sub-section (1) of this section the Board may at any time serve a notice on the licensee in respect of any licensed premises requiring him, within seven days from the date of such service, to send to the Board a return giving particulars of the weight of bacon produced at such premises during a specified period and the weight of carcases from which such bacon was produced, and if any licensee upon whom any such notice is served fails to comply with, the requirements of such notice or makes in any return in pursuance of such notice any statement which is false or misleading in any material respect, such licensee shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(6) In this section the word "carcase" means the dressed carcase, (including the head with the tongue, kidneys, tenderloins, fleck or flare, tail, backbone and feet) of a pig.

(7) For the purposes of this section the weight of the carcase of a pig shall be taken to be the weight of such carcase after evisceration and within one hour after such pig is slaughtered.

26.—(1) The board shall not, on or after the appointed day, make any order under sub-section (1) of section 103 of the Principal Act.

(2) section 104 of the Principal Act shall cease to apply in respect of any sale period commencing after the appointed day.

27.—(1) Whenever the Board on or after the appointed day makes a home-sales order at any meeting the Board shall at such meeting make an order (in this Part of this Act referred to as an allocation (home-sales quota) order) allotting the sales quota in respect of the sale period appointed by such home-sales order between all licensed premises in such proportions as the Board thinks proper, and references in this Part of this Act to the home-sales sub-quota for particular licensed premises in respect of a particular sale period shall, subject to the provisions of the next following section, be construed as references to the portion of the sales quota in respect of such sale period allotted to such premises by an allocation (home-sales quota) order.

(2) Whenever on or after the appointed day the Board makes an allocation (home-sales quota) order in respect of a particular sale period, the following provisions shall have effect, that is to say:—

( a ) the Board shall make in respect of each licensed premises a certificate (in this Part of this Act referred to as a home-sales sub-quota certificate) certifying the quantity of bacon which has been allotted to such premises by such order and the sale period to which such order relates, and such certificate shall be conclusive evidence of the matters so certified;

( b ) the Board shall, before the commencement of such period, cause a copy of such certificate to be served on the licensee in respect of such premises.

(3) The Board may, on the joint application of the holder of a licence in respect of particular premises and the holder of a licence in respect of other premises, transfer from such first-mentioned premises to such other premises the whole or any part of the home-sales sub-quota for such first-mentioned premises in respect of a particular sale period, and thereupon the home-sales sub-quota for such first-mentioned premises in respect of such sale period and the home-sales sub-quota for such other premises in respect of such sale period shall for the purposes of this Part of this Act be deemed to have been respectively decreased and increased accordingly.

28.—(1) Subject to the provisions of this section, the Board may by order amend a home-sales order in respect of a sale period by substituting for the sales quota (in this section referred to as the original quota) appointed by such home-sales order an increased quantity of bacon (in this section referred to as the increased quota), and in such case the Board shall, not later than three days after the making of the amending order, cause to be served, on each licensee of licensed premises upon whom a copy of the home-sales sub-quota certificate in respect of such sale period was served, a copy of the amending order, and thereupon the home-sales sub-quota for such premises in respect of such sale period shall, in lieu of the amount of bacon (in this section referred to as the original sub-quota) specified in such certificate, be, for the purposes of this Part of this Act, a quantity of bacon which bears to the original sub-quota the same proportion as the increased quota bears to the original quota.

(2) The Board shall not make an order under this section amending a home-sales order later than ten days before the, expiration of the sale period appointed by such home-sales order.

29.—(1) Where—

( a ) a copy of a home-sales sub-quota certificate has been duly served on the licensee in respect of such premises, and

( b ) the quantity of bacon consigned (other than by way of export) on sale from such premises during the sale period specified in such certificate exceeds by more than five per cent. the home-sales sub-quota for such premises in respect of such period,

such licensee shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine calculated at the rate of ten shillings for every hundredweight by which the amount of bacon so consigned from such premises during such period exceeds the home-sales sub-quota for such premises in respect of such period.

(2) For the purposes of this section bacon which is produced in licensed premises on behalf of a person who delivers pigs to the licensee in respect of such premises for slaughtering and curing and which is transferred to such person or any other person during a sale period appointed by a home-sales order shall be deemed to be consigned (other than by way of export) on sale during such period from such premises.

(3) Where the licensee (in this sub-section referred to as the purchaser) in respect of any licensed premises, with the consent of the Board, purchases any bacon for sale in Saorstát Eireann during any sale period appointed by a home-sale order from the licensee (in this paragraph referred to as the vendor) in respect of other licensed premises and the purchaser takes delivery of such bacon during such period, the following provisions shall, for the purposes of this section, have effect, that is to say:—

( a ) such bacon shall be treated as having been consigned (other than by way or export) on sale during such period by the vendor from such other licensed premises,

( b ) if the purchaser sells such bacon in Saorstát Eireann during such period, such bacon shall not be treated as having been consigned (other than by way of export) on sale by the purchaser from such first-mentioned licensed premises.

(4) Where the licensee (in this sub-section referred to as the purchaser) in respect of any licensed premises, with the consent of the Board purchases, from the licensee (in this sub-section referred to as the vendor) in respect of other licensed premises any bacon for export during any sale period appointed by a home-sales order, and the purchaser takes delivery of such bacon during such period, the following provisions shall, for the purposes of this section have effect, that is to say:—

( a ) such bacon shall not be treated as having been consigned (other than by way of export) on sale by the vendor from such last mentioned premises,

( b ) in case the purchaser is prosecuted for all offence under this section and does not satisfy the court that he exported such bacon during such period, such bacon shall be treated as having been consigned (other than by way or export) on sale during such period from such first-mentioned premises.

(5) Where bacon produced in licensed premises is transferred to other premises and subsequently consigned (other than by way of export) on sale during any safe period, such. bacon shall, for the purposes of this section, be deemed to have been consigned (other than by way of export) on sale from such premises during sale period.

30.—The Board may, whenever and so often as it thinks it proper so to do, by order (in this Part of this Act referred to as an external-sales order)—

( a ) appoint a specified period to be, an external-sale period for the purposes of such order, and

( b ) appoint a specified quantity of bacon to bc the external-sales quota in respect of such period.

31.—(1) Whenever the Board makes an external-sales order at any meeting the Board shall at such meeting make all order (in this section referred to as an allocation (external-sales quota) order) allotting the external-sales quota in respect of the external-sale period appointed by such external-sales order between such licensed premises and in such proportions as the Board thinks proper, and references in this Part of this Act to the external-sales sub-quota for particular licensed premises in respect of a particular external-sale period shall, subject to the provisions of the next following section, be construed as references to the portion of the external-sale quota in respect of such external-sale period allotted to such premises by an allocation (external-sales quota) order.

(2) Whenever the Board makes an allocation (external-sales quota) order in respect of a particular external-sale period, the following provisions shall have effect, that is to say:—

( a ) the Board shall make in respect of each licensed premises to which such order relates a certificate (in this Part of this Act referred to as an external-sales sub-quota certificate) certifying the quantity of bacon which has been allotted to such premises by such order and the external-sale period to which such order relates, and such certificates shall be conclusive evidence of the matters so certified;

( b ) the Board shall, before the commencement of such period, cause a copy of such certificate to be served on the licensee in respect of such premises.

32.—(1) Subject to the provisions of the next following sub-section, the Board may by order amend an external-sales order in respect of an external-sale period, by substituting for the external-sales quota (in this section referred to as the original quota) appointed by such external-sales order a greater quantity of bacon (in this sub-section referred to as the increased quota), and in such ease the Board shall, not later than three days after the making of the amending order, cause to be served, on each licensee of licensed premises upon whom a copy of the external-sales sub-quota certificate in respect of such sale period was served, a copy of the amending order, and thereupon the external-sales sub-quota for such premises in respect of such external-sale period shall, in lieu of the amount of bacon (in this section referred to as the original sub-quota) specified in such certificate, be, for the purposes of this Part of this Act a quantity of bacon which bears to the original sub-quota the same proportion as the increased quota bears to the original quota.

(2) The Board shall not mike all order under this section amending an external-sales order later than ten days before the expiration of the external-sale period appointed by such external-sales order.

33.—(1) Where—

( a ) a copy of an external-sales sub-quota certificate in relation to any premises has been duly served on the licensee in respect of such premises, and

( b ) the quantity of bacon exported from such premises to any country or countries (other than Great Britain or Northern Ireland) during the external-sale period specified in such certificate is less than ninety-five per cent. of the external-sales sub-quota for such premises in respect of such period,

such licensee shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine calculated at the rate of ten shillings for every hundredweight by which the amount of bacon so exported falls short of the external-sales sub-quota for such premises in respect of such period.

(2) Where bacon produced in licensed premises is transferred to other premises and subsequently exported to any country (other than Great Britain or Northern Ireland) during any external-sale period, such bacon shall be deemed for the purposes of this section to have been exported to such country from such licensed premises during such external-sale period.

34.—(1) Where—

( a ) a copy of an external-sales sub-quota certificate in relation to any premises has been duly served on the license in respect of such premises, and

( b ) the quantity of bacon exported from such premises to any country or countries (other than Great Britain or Northern Ireland) during the external-sale period specified in such certificate exceeds by more than five per cent the external-sale sub-quota for such premises in respect of such period,

such licensee shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine calculated at the rate of ten shillings for every hundredweight by which the amount of bacon so exported exceeds the external-sales sub-quota for such premises in respect of such period.

(2) Where bacon produced in licensed premises is transferred to other premises and subsequently exported to any country (other than Great Britain or Northern Ireland) during any external-sale period, such bacon shall be deemed for the purposes of this section to have been exported to such country from such licensed premises during such external-sale period.

35.—section 114 of the Principal Act is hereby amended by the deletion of the words "by order" and Part III of The Principal Act shall be construed and have effect accordingly.

36.—The expression "this Part of this Act" where it occurs in section 115 of the Principal Act shall be construed as meaning Part III of The Principal Act or this Part of this present Act.

37.—The making of an order by the Board under Part III of The Principal Act or this Part of this Act shall be prima facie evidence that such order was validly made in all respects.

38.—(1) In any legal proceedings by or against the Board the production of a document purporting to be a copy of an instrument made by the Board or of any extract from any such instrument or of any resolution passed by the Board, or of any minutes or part of the minutes of the Board, and to be certified to be a true copy by the Chairman of the Board or the Secretary of the Board shall be sufficient evidence of such instrument, extract, minutes, or part of minutes, and no proof shall be, required of the handwriting or official position of the person certifying the same.

In this sub-section the word "instrument" includes any order, regulations, certificate or other document of whatsoever kind.

(2) A certificate purporting to be under the hand of the Secretary or the Board certifying that a person named in such certificate was during a specified period a licensee shall be prima facie evidence of the matters so certified, and it shall not be necessary to prove the Signature of such secretary or that he was in fact such secretary.

(3) In any proceedings under Part III of The Principal Act, or this Part of this Act against a licensee prima facie evidence of all or any matters contained in a return made by or on behalf of such licensee in pursuance of the said Part III or this Part of this Act may be given by the production of such return.

(4) In any proceedings under section 112 of the Principal Act against a licensee for failure or refusal to make a return required by regulations made under the said section, a certificate purporting to be signed by the Secretary of the Board to certify that such licensee has failed or refused to make such return shall be prima facie evidence of the facts so certified.

39.—(1) Where—

( a ) the business of producing bacon was, at any time during the period of twelve months ended on the 30th day of June, 1935. carried on at any premises, and

( b ) such premises were never registered in the register of minor curers, and

( c ) the business of producing bacon was,, at any time during, the period commencing on the 20th day of June, 1936, and ending on the 31st day of March, 1937, carried on at such premises, and

( d ) the business of producing bacon at such premises ceased to be carried on before the 1st day of April, 1937,

the Board shall pay to the person who last carried on such business at such premises during such last-mentioned period compensation in respect of the cesser of his right to carry on such business after the 31st day of March, 1937, and in fixing the amount, of such compensation regard shall be had to the number of whole carcases used for the production of bacon for sale at such premises during the period of twelve months ended on the 30th day of June, 1935, the nature of the business carried on by such person, and the sum which is certified in writing by the Chairman of the Board to have been the average net profit derived by bacon curers generally in Saorstát Eireann from each whole carcases used by them for the production of bacon during the period comprising the calendar years 1935 and 1936.

(2) Where—

( a ) any premises were registered in the register of minor curers on the 1st day of April, 1937, and

( b ) the registration of the person, who was immediately before the expiration of the preliminary period registered in the said register, is cancelled by the operation of sub-section (1) of section 19 of the Principal Act, and

( c ) such person does not, under sub-section (3) of section 24 of the Principal Act, as amended by this Act, become a licensee in respect of such premises,

the Board shall pay to such person compensation in respect of the cesser of his right to carry on the business of producing bacon in such premises, after the 31st day of March, 1938, and in fixing, the amount of such compensation regard shall be had to the average annual number of whole carcases used for the production of bacon for sale at such promises during the period of twelve months ended on the 30th day of June, 1935, and the, period of twelve months ended on the 31st day of March, 1937, the nature of the business carried on by such person, and the sum which is certified in writing by the Chairman of the Board to have been the average net profit derived by bacon curers generally in Saorstát Eireann from each whole carcase used by them for the production of bacon during the period comprising the calendar years 1936 and 1937.

(3) The amount of compensation payable to a person under this section shall in default of agreement between such person and the Board, be determined and fixed by three arbitrators appointed under this section, and the decision of such arbitrators shall be final and conclusive.

(4) Where compensation is payable to any person under this section, the Minister shall, unless the amount thereof has been fixed by agreement between such person and the Board, appoint the Chairman of the Board and two other persons to be arbitrators to fix the amount of such compensation.

(5) There shall be paid by the Board to each person (other than the Chairman of the Board) who acts as an arbitrator under this section such remuneration as the Minister may fix.

(6) When an award is made to any person under this section the amount thereof shall be a debt due by the Board to such person and may be recovered as a simple contract debt in a court of competent jurisdiction.

(7) Any moneys payable by the Board under this section and any expenses incurred by the Board in relation to any arbitration under this section shall be paid out of the Bacon Marketing Fund.

40.—(1) The Board and the licensee in respect of any premises way, but not later than the 31st day of March, 1938, enter into an agreement, whereby such licensee, in consideration of a specified sum to be paid to him by the Board, agrees to surrender the licence in respect of such premises.

(2) Upon the execution of any agreement under this section, the Board shall inform the Minister thereof, and the Minister shall revoke the licence to which such agreement relates with effect as on and from the date of execution.

(3) Any moneys payable by the Board under in agreement made under this section shall be paid out of the Bacon Marketing Fund.

PART IV AMENDMENT OF PART IV OF THE PRINCIPAL ACT

41.—In this Part of this Act—

the expression "the Board" means the Pigs Marketing Board;

the word "carcase" when used in relation to a pig means the carcase (including the head with tongue, kidneys, tenderloins fleck or flare, tail, backbone and feet) of such pig after slaughter;

the word "week" means the period between midnight oil Saturday night and midnight on the next succeeding Saturday night;

the expressions "factory purchased pig" "non-factory purchased pig," "curer members," and "producer members" have the same meanings as in Part IV of The Principal Act.

42.—(1) The Minister may by order appoint a day to be the appointed day for the purposes of this Part of this Act.

(2) In this Part of this Act the expression "the appointed day" means the day appointed by the Minister under this section to be the appointed day for the purposes of the said Part.

43.—(1) So much of Part IV of The Principal Act as provides for the holding of triennial elections of curer members of the Board shall cease to have effect and in lieu thereof it is hereby enacted that biennial elections of curer members shall be held and the first of such biennial elections shall be held in the year 1939.

(2) So much of Part IV of The Principal Act as provides for the triennial nomination by the Minister of producer members of the Board shall cease to have effect and in lieu thereof it is hereby enacted that the Minister shall nominate producer members biennially and the first of such biennial nominations shall be made in the year 1939.

(3) For the purpose of giving full effect to sub-sections (1) and (2) of this section the following provisions shall have effect, that is to say:—

( a ) section 120 of the Principal Act is hereby amended by the deletion of the words "triennial meeting" wherever those words occur in the said section, and the substitution in each case of the words "biennial meeting" for the words so deleted;

( b ) section 123 of the Principal Act is hereby amended by the deletion in paragraph (b) of sub-section (1) of the words "three years" and the substitution of the words "two years" for the words so deleted.

44.—The expression "this Part of this Act" in sub-section (3) of section 118 of the Principal Act shall be construed as meaning Part IV of The Principal Act or this Part of this Act.

45.—Sub-section (2) of section 120 of the Principal Act is hereby amended by the substitution of the word "three" for the word "five" now contained therein, and the said section shall be construed and have effect accordingly.

46.—section 121 of the Principal Act is hereby amended by the substitution of the words "on a day not later than three days" for the words "not later than five days" now contained therein, and the said section shall be construed and have effect accordingly.

47.—Sub-section (5) of section 127 of the Principal Act is hereby repealed and in lieu thereof it is hereby enacted that the reference in the said section to an election year shall be construed as meaning any year in which a biennial election of members of the Bacon Marketing Board is required, by The Principal Act, as amended by Part III or this Act, to be held.

48.—Every question in relation to the making by the Board of an order (other than the first appointed price order) under this Part of this Act arising at a meeting of the Board shall be determined in accordance with the following provisions, that is to say:—

( a ) if no ordinary members or only one ordinary member are or is present at such meeting such question shall be determined by the Chairman of the Board;

( b ) if two or more ordinary members are present—

(i) such question shall in the first instance be referred to such ordinary members for their vote thereon,

(ii) if all such ordinary members vote on such question and such vote is unanimous such question shall be deemed to have been decided by the Board in accordance with such vote,

(iii) if some or all of such members do not vote on such question, or if all of such members vote and such vote is not unanimous, such question shall be referred to the Chairman of the Board for his decision and such question shall be deemed to have been determined in accordance with the said Chairman's decision.

49.—Sub-section, (1) of section 137 of the Principal Act is hereby amended by the substitution of the word "six" for the word "three" now contained therein, and the said sub-section shall be construed and have effect accordingly.

50.—The expression "this Part of this Act" where it occurs in sub-sections (2), (3), (4) and (5) of section 139 of the Principal Act shall be construed as meaning Part IV of The Principal Act or this Part of this Act.

51.—The Board shall not, on or after the appointed day, make any orders under sub-section (2) of section 140 of the Principal Act.

52.—(1) The Board may whenever and so often as it thinks fit by order declare that Part IV of The Principal Act and this Part of this Act shall not apply in respect of any specified kind or kinds (defined in such manner and by reference to such things as the Board shall think proper) of pigs, and whenever any such order is made and is in force the word "pigs" where it occurs in the said Part IV and in this Part of this Act shall not include pigs of the kind or kinds specified in such order.

(2) The Board may at any time by order under this sub-section revoke or amend any order made under this section (including this sub-section).

(3) Every order under this section shall be made with the concurrence of the Minister.

53.—For the purposes of this Part, of this Act the weight of a carcase of a pig shall be ascertained by weighing such carcase when it is eviscerated and not later than half an hour after slaughter.

54.—(1) The Board may, whenever and so often as it thinks fit, by order do the following things, that is to say:—

( a ) divide non-factory-purchased pigs into such and so many classes (defined in such manner as the Board thinks proper) as the Board thinks fit, and

( b ) divide carcases of factory-purchased pigs into such and so many classes (defined in such manner as the Board thinks proper) as the Board thinks fit, and

( c ) divide any such class or classes of carcases of factory purchased pigs into such and so many grades (defined in such manner as the Board thinks proper) as the Board thinks fit.

(2) The Board may, wherever and so often as it thinks fit, by order divide carcases of non-factory-purchased pigs into such and so many classes (defined in such manner as the Board thinks proper) as the Board thinks fit.

(3) The Board may at any time by order under this sub-section revoke or amend any order made under this section (including this sub-section).

(4) In this part of this Act—

the word "class"—

( a ) in relation to non-factory-purchased pigs, means a class into which such pigs are divided by an order, for the time being in force, made under sub-section (1) of this section,

( b ) in relation to carcases of factory-purchased pigs, means a class into which such carcases are divided by an order, for the time being in force, made under sub-section (1) of this section,

( c ) in relation to carcases of non-factory-purchased pigs, means a class into which such carcases are divided by an order for the time being in force made under sub-section (2) of this section;

the word "grade," in relation to any class of carcases of factory-purchased pigs, means a grade into which such class is divided by any order for the time being in force made under sub-section (1) of this section;

the expression "graded class", in relation to carcases or factory purchased pigs, means, a class of such carcases which is divided into grades by an order for the time being in force made under sub-section (1) of this section;

the expression "non-graded class", in relation to carcases of factory-purchased pigs, means a class of such carcases which is not divided into grades by an order for the time being in force made under sub-section (1) of this section.

55.—(1) The Board shall, before the end of the sale period current on the appointed day, and may thereafter, whenever and so often as it thinks fit, make an order (in this Part of this Act referred to as an appointed price order)—

( a ) appointing the date (not being later in the case of the first order than the date of the expiration of the said sale period, nor earlier in any case than the Monday next following the date of such order) on which such order is to come into force; and

( b ) fixing, in respect of non-factory-purchased pigs of each class sold during the currency of such order, the price (in terms of a rate per hundredweight live weight) thereof; and

( c ) fixing, in respect of carcases of factory-purchased pigs of each grade of each graded class sold during the currency of such order, the price (in terms of a rate per hundredweight) thereof; and

( d ) fixing, in respect of carcases of factory-purchased pigs of each non-graded class sold during the currency of such order, the price (in terms of a rate per hundredweight) thereof; and

( e ) fixing, in respect of carcases of non-factory-purchased pigs of each class sold during the currency of such order, the price (in terms of a rate per hundredweight) thereof.

(2) Every appointed price order shall come into force on the date appointed in that behalf by such order and shall remain in force until the next subsequent appointed price order comes into force, and references in this Act to the currency of an appointed price order shall be construed as references to the period during which such order is in force.

(3) The Board may at any time by order (in this Part of this Act referred to as an appointed price (amending) order) amend an appointed price order and every order made under this section (including this sub-section) shall specify the date (not being earlier than the Monday next following the date on which such order is made) on which such order is to come into force.

(4) In making an appointed price order or an appointed price (amending) order the Board shall have regard to the following matters, namely—

( a ) the capacity of the markets (both home and export) for bacon;

( b ) the quantity of bacon which the Board anticipates is required to be placed in cold storage against future requirements;

( c ) the stock of bacon on hands;

( d ) the supply of pigs likely to be available;

( e ) the cost of production of pigs and particularly the cost of feeding stuffs for the previous four months;

( f ) such other matters as the Board considers relevant.

(5) Sub-section (2) of section 134 of the Principal Act shall apply in respect of the making of the first appointed price order.

(6) So much of sub-section (1) of this section as requires the Board when making an appointed price order to appoint the price of each class of carcases of non-factory-purchased pigs shall cease to have effect in relation to any such order which is to come into force on or after the 1st day of April, 1938, and for the purposes of this section any price order in force on the 31st day of March, 1938, shall be deemed, but so far only as it relates to prices of classes of carcases of non-factory-purchased pigs, to cease to be current on the 1st day of April, 1938.

56.—(1) The Board may, whenever and so often as it thinks fit, make an order—

( a ) dividing Saorstát Eireann into such and so many areas (in this Part of this Act referred to as sale areas) as the Board thinks fit; and

( b ) in respect of each sale area, fixing the sum which is to be the freight allowance in respect of each non-factory purchased pig or carcase of a non-factory-purchased pig sold in such area;

and different sums may be fixed in respect of different sale areas.

(2) The Board may at any time by order under this sub-section amend or revoke an order made under this section (including this sub-section).

(3) In this Part of this Act the expression "the freight allowance" means in relation to a non-factory-purchased pig or the carcase of a non-factory-purchased pig sold in a particular sale area the sum for the time being fixed by an order under this section as the freight allowance in respect of any such pig or any such carcase sold in such area.

(4) Any order made by the Board under section 141 of the Principal Act and in force at the date of the passing of this Act shall be deemed to be made under this section and may be amended or revoked by an order under this section, and until so revoked and subject to any such amendment shall continue in force.

57.—(1) The Board may, whenever and so often as it thinks fit, make an order fixing the sum which is to be the, buying allowance in respect of each non-factory-purchased pig or carcase of a non-factory-purchased pig sold.

(2) The Board may at any time by order under this sub-section amend or revoke an order made under this section (including this sub-section).

(3) In this Part of this Act the expression "the buying allowance" means in relation to any non-factory-purchased pig or the carcase, of a non-factory-purchased pig the sum for the time being fixed by order under this section as the buying allowance.

(4) Any order made by the Board under section 142 of the Principal Act and in force at the date of the passing of this Act shall be deemed to be made under this section and may be amended or revoked by an order under this section, and until so revoked and subject to any such amendment shall continue in force.

58.—(1) The Board may, whenever and so often as it thinks lit, make an order fixing the sum which is to be allowed, in respect of each pig or carcase sold to a licensee, by way of insurance against the condemnation of such pier or carcase and the offals thereof by a veterinary examiner under Part II of The Principal Act or by a local sanitary authority under statutory powers.

(2) The Board may at any time by order under this sub-section amend or revoke an order made under this section (including this sub-section).

(3) In this Part of this Act the expression "the insurance allowance" means in relation to any pig or carcase the sum for the time being fixed by order under this section.

(4) Any regulations made by the Board under section 143 of the Principal Act and in force at the date of the passing of this Act shall be deemed to be made under this section and may be amended or revoked by an order under this section, and until so revoked and subject to any such amendment shall continue in force.

59.—(1) The Board may, whenever and so often as it thinks fit, by order do all or any of the following things, that is to say:—

( a ) define what injury or injuries to a non-factory-purchased pig shall constitute damage to such pig for the purposes of such order and fix, in respect of any such pig which is suffering from damage within the meaning of such order, the sum to be allowed in respect of such damage;

( b ) define what injury or injuries to the carcase of a factory purchased pig shall constitute damage to such carcase for the purposes of such order and fix, in respect of any such carcase which is suffering from damage within the meaning of such order, the sum to be allowed in respect of such damage;

( c ) define what injury or injuries to the carcase of a non-factory-purchased pig shall constitute damage to such carcase for the purposes of such order and fix, in respect of any such carcase which is suffering from damage within the meaning of such order, the sum to be allowed in respect of such damage,

and may fix different sums in respect of different kinds of damage.

(2) The Board may at any time by order under this sub-section revoke or amend any order made under this section (including this sub-section).

(3) In this Part of this Act—

the word "damaged" when used in relation to any pig or carcase of a pig means suffering from damage within the meaning of an order made under this section;

the expression "appropriate damage allowance" when used in relation to a damaged pig or a damaged carcase of a pig, means the sum fixed by order under this section in respect of the damage from which such pig or carcase is suffering.

60.—(1) It shall not be lawful, during the currency of an appointed price order, for any licensee or registered minor to purchase or for any person to sell to a licensee or a registered minor curer—

( a ) any non-factory-purchased pig of any class at a sum other than the following sum, namely, a sum calculated by reference to the weight of such pig and the price fixed by such order for non-factory-purchased pigs of that class, less—

(i) the appropriate amount,

(ii) the freight allowance,

(iii) the buying allowance, and

(iv) in case such pig is damaged, the appropriate damage allowance;

( b ) any factory-purchased pig, the carcase of which belongs to a graded class, at a sum other than the following sum, namely, a sum calculated by reference to the weight of such carcase and the price fixed by such order for carcases of factory-purchased pigs of a grade of a class corresponding to the grade of the class of such carcase less—

(i) the appropriate amount, and

(ii) in case such carcase is damaged, the appropriate damage allowance, and

(iii) in case the freight of such pig is paid by such licensee or minor curer and a note stating the amount thereof is delivered to the vendor, the amount of such freight, and

(iv) in case such pig is carried to the premises of such licensee or minor curer in a vehicle owned by such licensee or minor curer, a sum equal to the sum which would be the freight allowance if such pig were a non-factory-purchased pig;

( c ) any factory-purchased pig, the carcase of which belongs to a non-graded class, at a sum other than the following sum, namely, a sum calculated by reference to the weight of such carcase and the price fixed by such order for carcases of factory-purchased pigs of a class corresponding to the class of such carcase less—

(i) the appropriate amount, and

(ii) in case such carcase is damaged, the appropriate damage allowance, and

(iii) in case the freight of such pig is paid by such licensee or curer and a note stating the amount thereof is delivered to the vendor, the amount of such freight, and

(iv) in case such pig is carried to the premises of such licensee or minor curer in a vehicle owned by such licensee or minor curer, a sum equal to the sum which would be the freight allowance if such pig were a non-factory-purchased pig.

(2) It shall not be lawful, during the currency of an appointed price order, for any registered minor curer to purchase or for any person to sell to a registered minor curer any carcase of a non-factory-purchased pig of any class at a sum other than the following sum, namely, a sum fixed by reference to the weight of such carcase and the price fixed by such order for carcases of non-factory-purchased pigs of a class corresponding to the class of such carcase, less—

(i) the appropriate amount,

(ii) the freight allowance,

(iii) the buying allowance, and

(iv) in case such carcase is damaged, the appropriate damage allowance.

(3) In this section the expression "the appropriate amount" in relation to any pig or carcase sold means the sum of the following amounts:—

( a ) in case such pig is purchased by a licensee—

(i) a sum equal to the sum for the time being prescribed for the purposes of the levy payable to the Board by licensees under section 150 of the Principal Act; and

(ii) a sum equal to the sum for the time being prescribed by the Minister under section 28 of the Principal Act; and

(iii) a sum equal to the sum for the time being fixed as the insurance allowance; and

( b ) in case such pig or carcase is purchased by a registered minor curer, a sum of one shilling; and

( c ) in case such pig or carcase is purchased at a fair or market at which tolls are, payable, a sum equal to the, amount of the toll for one pig or one carcase (as the case may be); and

( d ) in case such a pig or carcase is purchased at a fair or market and was for the purpose of such sale weighed on a weighing machine provided for the purpose of such fair or market, a sum equal to the sum chargeable for weighing one pig or one carcase (as the case may be) on such weighing machine; and

( e ) in case such pig or carcase is weighed at a place other than the premises of such licensee or registered minor curer on a weighing machine provided by such licensee or registered minor curer, a sum equal to the sum (if any) customarily chargeable by such licensee or registered minor curer for weighing one pig or one carcase (as the case may be).

(4) If any licensee or registered minor curer purchases, or any person sells to a licensee or a registered minor curer, any pigs or carcases in contravention of this section, such licensee or registered minor curer and such person shall each be guilty of an offence under this, section and shall be liable on summary conviction thereof to a fine of two pounds for every pig or carcase in respect of which such offence is committed.

61.—(1) Where a pig is offered for sale at licensed premises or premises registered in the register of minor curers upon terms that the price thereof is to be determined after slaughter, it shall not be lawful for the licensee in respect of such licensed premises or the person registered in respect of such premises to purchase such pig except upon such terms.

(2) If any person being a licensee or registered minor curer purchase, any pig, in contravention of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

62.—(1) The Board may, whenever and so often as it thinks fit, by order require any licensee or registered minor curer who purchases any pig or carcase of a pig to make, sign, and deliver to the vendor a certificate containing the names and addresses of the vendor and purchaser and such particulars in relation to such pig or carcase as may be specified in such order.

(2) The Board may by order under this sub-section revoke or amend an order made under this section (including this sub-section).

(3) If any licensee or registered minor curer fails or neglects to comply with the requirements of an order made under sub-section (1) of this section, such licensee or registered minor curer shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

63.—(1) The Board may, whenever and so often as it thinks fit, by order require any licensee or registered minor curer who purchases any pig to mark the carcase of such pig with such marks as may be specified in such order.

(2) The Board may by order under this sub-section revoke or amend an order made under this section (including this sub-section).

(3) If any licensee or registered minor curer fails or neglects to comply with the requirements of an order made under sub-section (1) of this section, such licensee or registered minor curer shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

64.—section 145 of the Principal Act is hereby amended by the deletion of the words "during any sale period" wherever those words occur in the said section, and the said section shall be construed and have effect accordingly.

65.—section 146 of the Principal Act is hereby amended in the, following respects and shall be construed and have effect accordingly, that is to say:—

( a ) by the insertion in sub-section (1) of the said section of the words "in one or more counties or, if authorised by the Minister, in a particular case in a particular area" after the words "bacon trade";

( b ) by the substitution in sub-section (2) of the said section of the following paragraph for paragraph (c) now contained therein, that is to say:—

"( c ) dispose of such pigs or any of them in such manner as the Board think fit."

66.—(1) The Board may, whenever and so often as it thinks fit, cause to be served on the licensee in respect of any licensed premises a notice in writing (in this section referred to as a returns notice) requiring such licensee to make, until the Board otherwise directs, in respect of the week (which shall not be a week commencing earlier than the twenty-first day after the date of the passing of this Act) specified in such notice and each subsequent week, not later than seven days before such week, a return stating the number of pigs he proposes to slaughter in such premises during such week, and references in this Part of this Act to the slaughtering quota in respect of any licensed premises for any week shall be construed as references to the number of pigs specified in a return made, in pursuance of a, returns notice, by the licensee in respect of such premises as the number proposed to be slaughtered in such premises during such week.

(2) If any licensee in respect of licensed premises on whom a returns notice is served—

( a ) fails, refuses or neglects to make any return in accordance with such notice, or

( b ) slaughters, except with the previous consent of the Board, at such licensed premises in any week a number of pigs in excess of the slaughtering quota in respect of such premises for such week,

such licensee shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

67.—Any person may, not later than ten days before any week commencing after the twenty-first day after the passing of this Act, send to the Board a notice in writing (in this Part of this Act referred to as a producer's tender) stating that lie is able and willing to sell and deliver during such which the number of pigs (being pigs in his possession and at his own premises for at least four weeks before the date of such notice) set out in such notice.

68.—(1)Whenever the Board receives from, any person a producer's tender stating that he is able and willing to deliver, during the week to which such tender relates, the number (in this section referred to as the number tendered) of pigs set out in such tender, the following provisions shall have effect, that is to say:—

( a ) the Chairman of the Board may make an order (in this section referred to as the said order) requiring—

(i) such person (in this section referred to as the vendor) to sell and deliver to the licensee of specified licensed premises (in this section referred to as the purchaser), at such premises and on such day or days during such week as the purchaser may direct, a specified number (not exceeding the number tendered less such number of pigs as the vendor may be required to sell and deliver by another order this section previously made in relation to such week, nor exceeding the slaughtering quota in respect of such premises for such week less such number of pigs as the purchaser may be required to purchase and take delivery of at such premises by another order under this section previously made in relation to such week) or pigs, being pigs in the possession and at the premises of the vendor for at least four weeks before the date of such producer's tender, and

(ii) the purchaser to purchase and take delivery at such premises during such week of the said specified number of pigs;

( b ) on the making of the said order the Chairman of the Board may cause a copy thereof to be served on each of them, the vendor and the purchaser, not later than four days before the commencement of such week;

( c ) on the due service a copy of the said order upon each of them, the vendor and the purchaser, the following provisions shall have effect:—

(i) the vendor and the purchaser shall be denied to have entered into a contract in terms of the requirements of the said order,

(ii) if the requirements of the said order are not complied with, the vendor and purchaser shall each be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds,

(iii) it shall be a good defence in any proceedings for an offence under this section against the vendor to prove that non-compliance with the said order was due to the acts or default of the purchaser,

(iv) it shall be a good defence in any proceedings under this section against the purchaser to prove that non-compliance with the said order was due to the acts or default of the vendor.

(2) More than one order in relation to any one week may be made under this section in respect of—

( a ) a person who has sent a producer's tender to the Board in relation to such week, or

( b ) the licensee of licensed premises.

(3) Every pig sold and delivered under an order made under this section shall be so sold and delivered upon terms that the price of such pig is to be determined after slaughter.

69.—(1) The Board may, whenever and so often as it thinks fit, by order (in this Part of this Act referred to as a hypothetical price order) do all or any of the following things, that is to say:—

( a ) in respect of any class of non-factory-purchased pigs, fix (in terms of a rate per hundredweight) the price (in this Act referred to as the hypothetical price) which, in the opinion of the Board, would, under normal conditions be then the proper price thereof;

( b ) in respect of any grade of any graded class of carcases of factory-purchased pigs, fix (in terms of a rate per ,hundredweight) the price (in this Act referred to as the hypothetical price) which, in the opinion of the Board, would, under normal conditions, be then the proper price thereof;

( c ) in respect of any non-graded class of carcases of factory purchased pigs, fix (in terms of a rate per hundredweight) the price (in this Act referred to as the hypothetical price) which, in the opinion of the Board, would, under normal condition be then the proper price thereof;

( d ) in respect of any class of carcases of non-factory-purchased pigs, fix (in terms of a rate per hundred-weight) the price (in this Act referred to as the hypothetical price) which, in the opinion of the Board, would, under normal conditions, be then the proper price thereof.

(2) The Board may by order revoke any hypothetical price order.

(3) Every hypothetical price order shall cease to be in force upon the happening of whichever of the following events first happens after the day on which such order is made—

( a ) the revocation of such order;

( b ) the coming into force of either an appointed price order or an appointed price (amending) order.

70.—(1) Whenever—

( a ) the Board has made a hypothetical price order fixing, in respect of any class of pigs, the hypothetical price thereof, and

( b ) the appointed price for pigs of that class for the period during such hypothetical price order is in force is less than the said hypothetical price in respect of pigs of that class,

each person, who during such period or any part thereof was either a licensee or a registered minor curer shall at the expiration of such period pay to the Board, in respect of all pigs of that class purchased by him during such period, a levy calculate by reference to the of the carcases of such pigs and a price equal to the difference between the said appointed price and the said hypothetical price.

In this sub-section the word "pigs" means non-factory-purchased pigs.

(2) Whenever—

( a ) the Board has made a hypothetical price order fixing in respect of any grade of any graded class of carcases the hypothetical price thereof, and

( b ) the appointed price for carcases of that, grade of that class for the period during which such hypothetical price order is in force is less than the said hypothetical price in respect of that grade of that class of carcases.

each person, who during such period or any part thereof was either a licensee or a registered minor curer, shall at the expiration of such period pay to the Board, in respect of all factory purchased pigs purchased by him during such period, the carcases of which were carcases of that grade of that class, a levy calculated by reference to the weight of the carcases of such pigs and a price equal to the difference between the said appointed price and the said hypothetical price.

In this sub-section the word "carcases" means carcases of factory-purchased pigs.

(3) Whenever—

( a ) the Board has made a hypothetical price order fixing, in respect of any non-graded class of carcases, the hypothetical price thereof, and

( b ) the appointed price for carcases of that class for the period during which such hypothetical price order is in force is less than the said hypothetical price in respect of that class of carcases,

each person, who during such period or any part thereof was either a licensee or a registered minor curer, shall at the expiration of such period pay to the Board, in respect of all factory-purchased-pigs purchased by him during such period, the carcases of which were carcases of that class, a levy calculated by reference to the weight of such carcases and a price equal to the difference between the said appointed price and the said hypothetical price.

In this sub-section the word "carcases" means carcases of factory-purchased pigs.

(4) Whenever—

( a ) the Board has made a hypothetical price order fixing in respect of any class of carcases, the hypothetical price thereof, and

( b ) the appointed price for carcases of that class for the period during which such hypothetical price order is in force is less than the said hypothetical price of that class of carcases,

each person, who during such period or any part thereof was a registered minor curer shall at the expiration of such period pay to the Board, in respect of all carcases of that class purchased by him during such period, a levy calculated by reference to the weight of such carcases and a price equal to the difference between the said appointed price and the said hypothetical price.

In this sub-section the word "carcases" means carcases of non-factory-purchased pigs.

(5) Where any person is liable under this section to pay to the Board at the expiration of any period any levy the Board shall as soon as may be after the expiration of such period ascertain the amount thereof, and make in respect of such person a certificate certifying that the said amount is payable by such person in respect of such period and serve a copy of such certificate on such person, and upon such service such amount shall be a debt due and payable by such person to the Board, and may be recovered as a simple contract debt in any court of competent jurisdiction.

(6) Moneys received by the Board under this section shall be used for no purpose other than the making of payments under the next following section.

(7) In this section the expression "appointed price" means the price fixed by an appointed price order.

71.—(1) The Board may, at the expiration of any period, commencing on or after the appointed day, which the Board may from time to time appoint for the purposes of this section, pay out of the Pigs Marketing Fund, to each person, who during such period or any part thereof was a licensee or a registered minor curer, in respect of any bacon (being bacon produced by him) which, during such period, was either sold in Soarstát Eireann or exported a sum calculated by reference to the weight of such bacon and at such rate as the Board thinks proper.

(2) Where the Board is authorised under this section to make payments in respect of bacon the Board may for the purposes of making such payments fix different rates in respect, of different of bacon, and in respect of bacon which is exported and bacon which is not exported and may in respect of bacon which is exported fix different rates in respect of different countries.

(3) Notwithstanding anything contained in sub-section (6) of section 147 of the Principal Act, moneys received under the said section 147 may be used by the Board for the purposes of making payments under this present section.

72.—(1) section 147 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

( a ) by the deletion in each provision of the said section 147 to which this present section applies of the words "exceeds the hypothetical price" and the substitution therefor of the words "differs from the hypothetical price";

( b ) by the deletion in each such provision of all words now contained therein after the words "the Board thinks proper".

(2) This section applies to each of the following provisions of section 147 of the Principal Act namely:—

( a ) paragraph (c) of sub-section (1)

( b ) paragraph (c) of sub-section (2)

( c ) paragraph (c) of sub-section (3)

( d ) paragraph (c) of sub-section (4).

(3) This section shall have effect as on and from the date of the passing of The Principal Act.

73.—Sub-section (1) of section 148 of the Principal Act is hereby amended by the insertion at the end thereof of the words "and may finance or contribute to the costs of schemes for the improvement of pigs either generally or in particular districts", and The Principal Act shall be construed and have effect accordingly.

74.—Sub-section (1) of section 149 of the Principal Act is hereby amended by the substitution of the words "or any premises registered in the register of minor curers, and to inspect all pigs, carcases and bacon in such premises and to observe and examine any process carried on in such premises," for the words "and to inspect all pigs, carcases and bacon in such premises" and the said section shall be construed and have effect accordingly.

75.—section 153 of the Principal Act is hereby amended by the deletion of the words "by order", and Part IV of The Principal Act shall be construed and have effect accordingly.

76.—The expression "this Part of this Act" where it occurs in section 154 of the Principal Act shall be construed as meaning Part IV of The Principal Act or this Part of this Act.

77.—The making of an order by the Board under Part IV of, The Principal Act or under this Part of this Act shall be prima facie evidence that such order was validly made in all respects.

78.—(1) In any legal proceedings by or against the Board the production of a document purporting to be a copy of an instrument made by the Board or the Chairman of the Board or of any extract from any such instrument or of any resolution passed by the Board or of any minutes or part of the minutes of the Board and to be certified to be a true copy by the Chairman of the Board or the Secretary of the Board shall be sufficient evidence of such instrument, extract, minutes, or part of minutes, and no proof shall be required of the handwriting or official position of the person certifying the same.

In this sub-section the word "instrument" includes any order, regulations, certificate or other document of whatsoever kind.

(2) A certificate purporting to be under the hand of the Secretary of the Board certifying that a person named in such certificate was during a specified period a licensee or certifying that a person named in such certificate was during a specified period a registered minor curer shall be prima facie evidence of the matters so certified, and it shall not be necessary to prove the signature of such secretary or that he was in fact such secretary.

(3) In any proceedings under Part IV of The Principal Act, or this Part of this Act against a person who is or was a licensee or a prima facie evidence of all or any matters contained in a return made by or on behalf of such licensee or registered minor curer in pursuance of section 112 of the Principal Act may be given by the production of such return.

(4) In any proceedings under section 112 of the Principal Act against a person who is or was a licensee or a registered minor curer for failure or refusal to make a return required by regulations made under the said section, a certificate purporting to be signed by the Secretary of the, Board to certify that such licensee or registered minor curer has failed or refused to make such return shall be prima facie evidence of the facts so certified.