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First | Previous (PART II. Amendment of the Principal Act.) | Next (PART IV. Recovery of Damages by the Board Against Negligent Shipping or Railway Company.) |
EXPORTED LIVE STOCK (INSURANCE) ACT, 1943
[GA] | ||
[GA] |
PART III. Extension of the Principal Act to Animals Exported Via Northern Ireland. | |
[GA] |
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. |
[GA] | (2) In this Part of this Act— | |
[GA] | the expression “British landing place” has the same meaning as in the Detained Animals (Compensation) Act, 1932 (No. 9 of 1932); | |
[GA] | the expression “levy stamps” has the same meaning as in the Principal Act. | |
[GA] |
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. |
[GA] | (2) The reference in sub-section (1) of this section to the appointed percentage at the time of delivery shall be construed as a reference to the percentage fixed by an order under sub-section (2) of section 16 of the Principal Act in force at the time of such delivery. | |
[GA] |
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:— |
[GA] | (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:— | |
[GA] | (i) the name and address of such owner; | |
[GA] | (ii) the number and a description of such animals corresponding to the number and description thereof set out in the appropriate Customs Form; | |
[GA] | (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; | |
[GA] | (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; | |
[GA] | (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; | |
[GA] | (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; | |
[GA] | (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. | |
[GA] | (2) References in this Part of this Act to the declared value of any animal which has been delivered in the State to a carrier for shipment via Northern Ireland to a British landing place shall be construed as references to the value of such animal as set out in the owner's statement relating to such animal which has been delivered in accordance with this section by the owner thereof to the carrier who takes delivery of such animal. | |
[GA] | (3) The Board may make rules in regard to any matter referred to in this section as prescribed. | |
[GA] |
Compensation in respect of lost or damaged live stock exported via Northern Ireland. |
14. —(1) Where— |
[GA] | (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 | |
[GA] | (b) an owner's statement has, in accordance with this Part of this Act, been delivered in respect of such animal, and | |
[GA] | (c) such animal is lost or damaged, either on land or sea, while in transit, | |
[GA] | 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. | |
[GA] | (2) For the purposes of this section an animal shall be deemed to be in transit from the time it enters Northern Ireland until— | |
[GA] | (a) in case such animal is exported for immediate sale, the date of the holding, subsequent to importation, of the next sale at which it could be conveniently sold or the expiration of eighty-four hours from the time at which it is released from a British landing place, whichever is the earlier, | |
[GA] | (b) in any other case, the time at which such animal arrives at the land on which it is proposed to be kept or the expiration of eighty-four hours from the time at which it is released from a British landing place, whichever is the earlier. | |
[GA] |
Compensation in respect of liability on foot of general average contribution. |
15. —Where— |
[GA] | (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 | |
[GA] | (b) an owner's statement has in accordance with this Part of this Act been delivered in respect of such animal, and | |
[GA] | (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, | |
[GA] | 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. |