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17 1943

CREAMERIES (ACQUISITION) ACT, 1943

PART I.

Preliminary and General.

Short title.

1. —This Act may be cited as the Creameries (Acquisition) Act, 1943.

General definitions.

2. —In this Act—

the expression “the Minister” means the Minister for Agriculture; the expression “the Company” means the Dairy Disposal Company, Limited;

the word “creamery” includes any factory or plant for the manufacture of milk products or by-products and any crude milk collecting station or depot, but does not include a creamery owned by a society registered under the Industrial and Provident Societies Act, 1893, the members of which are milk producers;

the expression “creamery premises” means any land on which a creamery is situate and includes any land used in conjunction with such creamery;

the word “proprietor” in relation to creamery premises means the person who is the owner of the creamery carried on on such premises;

the word “chattels” means fixed and movable machinery, plant, equipment and other chattels of whatsoever kind.

Service of documents.

3. —(1) Where any document is permitted or required by this Act to be served on any person the following provisions shall apply in relation to the service of such document, that is to say:—

(a) such document may be served either—

(i) by delivering it to such person, or

(ii) by sending it by post in a letter addressed to such person at the address where he ordinarily resides or carries on business,

(b) where such person is absent or abroad or his address is unknown and cannot be ascertained by reasonable enquiry, such document may be served either—

(i) by delivering it to an agent of such person, or

(ii) by sending it by post in a letter addressed to an agent of such person at the address where such agent ordinarily resides.

(2) For the purposes of this section, a company registered under the Companies Acts, 1908 to 1924, shall be deemed to carry on business at its registered office and every other body corporate and every unincorporate body shall be deemed to carry on business at its principal office or place of business in the State.

Prosecution of offences.

4. —An offence under any section or sub-section of this Act may be prosecuted by the Minister or the Company.

Deductions in respect of State debts from price payable under sale orders or sale (superior interest) orders.

5. —(1) Where, before the net moneys due to the vendor in respect of the price payable under a sale order or a sale (superior interest) order have been paid to him, a State authority has sent to the Company a certificate certifying that a specified sum (in this sub-section referred to as the State debt) is due and owing by the vendor to that State authority, the following provisions shall have effect, that is to say:—

(a) if the State debt equals or exceeds the said net moneys, the Company shall pay the whole of the said net moneys to that State authority,

(b) if the State debt is less than the said net moneys, the Company shall deduct from the said net moneys a sum equal to the amount of the State debt and pay the sum so deducted to that State authority,

(c) any payment made by the Company to that State authority under this sub-section shall be deemed to be—

(i) a payment under the order by the Company to the vendor, and

(ii) a payment by the vendor to that State authority.

For the purposes of this sub-section the net moneys due to the vendor in respect of the price payable under a sale order or a sale (superior interest) order shall be taken to be a sum equal to the said price less—

(I) the amount required to satisfy incumbrances (if any), and

(II) the amount required to discharge any outgoings dischargeable by the vendor, and

(III) in case the said price was determined by arbitration under this Act and the arbitrator has directed the vendor to pay a sum towards the costs and expenses of the Company in the arbitration proceedings or has directed the vendor to pay the said costs and expenses of the Company as taxed by a Taxing Master of the High Court, the amount payable to the Company under the direction.

(3) Each of the following shall be deemed to be a State authority for the purposes of this section, that is to say:—

(a) a Minister of State,

(b) the Revenue Commissioners,

(c) the Irish Land Commission,

(d) the Commissioners of Public Works in Ireland.

Expenses of the Minister.

6. —(1) All expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2) Where any expenses are incurred by the Minister in the administration of this Act, the Minister, after consultation with the Minister for Finance, may require the Company to repay to him either (as he thinks fit) all or any part of such expenses and the Company shall comply with any such requirement.

(3) All moneys paid to the Minister under sub-section (2) of this section shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.