Number 42 of 1934.
SLAUGHTER OF CATTLE AND SHEEP ACT, 1934.
ARRANGEMENT OF SECTIONS
Preliminary and General.
Section | |
Registration of Premises.
Records to be kept by registered proprietors of registered premises. | |
Levy on Cattle and Sheep Slaughtered in Registered Slaughtering Premises.
Levy in respect of cattle and sheep slaughtered in registered premises. |
Restrictions on the Slaughter of Cattle and Sheep.
Provisions in Relation to the Slaughter and Sale for Slaughter of Cattle and Sheep.
Powers of Restricting Export of Cattle and Sheep.
Restrictions on Manufacture of Cattle and Sheep Products.
Powers of Minister to Carry on Businesses and to Lend Money for the Development of Businesses.
Accounts and audits of businesses carried on by the Minister. | |
Distribution of Beet to Certain Classess of Persons.
Acts Referred to | |
No. 21 of 1932 | |
No. 46 of 1933 | |
Number 42 of 1934.
SLAUGHTER OF CATTLE AND SHEEP ACT, 1934.
PART I.
Preliminary and General.
Short title.
1.—This Act may be cited as the Slaughter of Cattle and Sheep Act, 1934.
Commencement.
2.—(1) This Act shall come into operation on such day or days as shall be fixed therefore by an Order made by the Minister, either generally or with reference to any particular Part or provision, and different days may be so fixed for different Parts and different provisions of this Act.
(2) This Act shall remain in force until the 31st day of December, 1936, and shall then expire.
Definitions.
3.—In this Act—
the expression “the Minister” means the Minister for Agriculture;
the word “prescribed” means prescribed by regulations made by the Minister under this Act;
the word “inspector” means a person appointed in writing (either generally or for a particular purpose) by the Minister to be an inspector for the purposes of this Act;
the word “cattle” includes bulls, cows, bullocks, heifers, and calves;
the word “sheep” includes rams, ewes, wethers, and lambs;
the word “meat” means meat derived from cattle or from sheep and includes all edible parts of the carcases of cattle and sheep;
the expression “registered premises” means premises registered in a register kept by the Minister in pursuance of this Act;
the expression “registered slaughtering premises” means premises registered in the register of slaughtering premises;
the expression “registered victualling premises” means premises registered in the register of victualling premises;
the expression “registered proprietor” means a person who is entered in a register kept by the Minister in pursuance of this Act as the proprietor of premises registered in that register;
the expression “marketable product” includes meat preserved and sold in a barrel, tin, jar, or other container, but does not include fresh meat or meat preserved and sold otherwise than in a container;
references to the business of slaughtering animals of a particular kind or of particular kinds shall be construed as including the slaughter of animals of such particular kind or kinds by a person for use in or for the purposes of a business carried on by such person.
Regulations.
4.—(1) The Minister may by order make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed, but no such regulation shall be made in relation to the amount or collection of fees or levies without the consent of the Minister for Finance.
(2) Every regulation made by the Minister under this or any other section of this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either such House within the next subsequent twenty-one days on which that House has sat annulling such regulation, such regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under such regulation.
Inspectors' certificates of appointment.
5.—Every inspector shall be provided with a certificate in the prescribed form of his appointment as such inspector and, when exercising any of the powers conferred on him by or under this Act, shall, if so required, produce such certificate to any person affected.
Expenses.
6.—All expenses incurred by the Minister in carrying this Act into execution shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Collection and disposal of fees.
7.—(1) All fees payable under this Act shall be collected and taken in such manner as the Minister for Finance shall from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the said Minister.
(2) The Public Offices Fees Act, 1879, shall not apply in respect of any fees payable under this Act.
Offences.
8.—(1) Every offence under any section of this Act may be prosecuted by or at the suit of the Minister.
(2) Where an offence under any section of this Act was committed by a body corporate and is proved to have been so committed with the consent or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other officer of such body corporate, such director, manager, secretary, or other officer shall be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly.
PART II.
Registration of Premises.
Registers of premises.
9.—(1) The Minister shall cause to be kept the following registers, that is to say:—
(a) a register (in this Act referred to as the register of slaughtering premises) of premises in which is carried on the business of slaughtering cattle for human consumption in Saorstát Eireann or the business of slaughtering sheep for human consumption in Saorstát Eireann or the business of slaughtering both cattle and sheep for human consumption in Saorstát Eireann; and
(b) a register (in this Act referred to as the register of victualling premises) of premises in which is carried on the business of selling beef, veal, mutton, and lamb or any of them.
(2) There shall be entered in the several registers kept in pursuance of this section the following particulars in respect of all premises registered in the said registers respectively, that is to say:—
(a) the full name and description of the proprietor of the premises, and
(b) a description of the situation of the premises sufficient to identify such premises and the limits and extent thereof.
(3) Premises registered in the register of slaughtering premises shall not be capable of being registered in the register of victualling premises and premises registered in the register of victualling premises shall not be capable of being registered in the register of slaughtering premises.
Prohibition of unregistered business.
10.—(1) It shall not be lawful for any person to carry on in any premises or place whatsoever other than registered slaughtering premises the business of slaughtering cattle for sale for human consumption in Saorstát Eireann or the business of slaughtering sheep for sale for human consumption in Saorstát Eireann or the business of slaughtering both cattle and sheep for sale for human consumption in Saorstát Eireann.
(2) It shall not be lawful for any person to carry on in any premises or place whatsoever other than registered victualling premises the business of selling beef, veal, mutton, and lamb, or any of them.
(3) Every person who shall carry on any business in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.
Applications for registration of premises.
11.—(1) Every application for the registration of premises in a register kept in pursuance of this Act shall be made by the proprietor of such premises in writing in the prescribed form and manner and shall contain the prescribed particulars.
(2) On every application under this section for the registration of premises there shall be paid in the prescribed form and manner to the Minister the fee of ten shillings, and the due payment of such fee shall be a condition precedent to the entertainment of the application by the Minister.
(3) The Minister shall not register any premises in a register kept in pursuance of this Act unless or until he is satisfied that such premises comply with all (if any) relevant regulations and bye-laws made by the local sanitary authority.
Evidence of contents of registers.
12.—(1) Every register kept in pursuance of this Part of this Act shall be—
(a) deemed to be in the proper custody when in the custody of the Minister or of an officer of the Minister authorised in that behalf by the Minister, and
(b) admissible in evidence without further proof, on production from the proper custody.
(2) Prima facie evidence of any entry in any register kept in pursuance of this Part of this Act may be given in any court or any legal proceedings by the production of a copy of such entry purporting to be certified to be a true copy by any officer of the Minister authorised in that behalf, and it shall not be necessary to prove the signature of such officer or that he was in fact such officer or was so authorised.
(3) A certificate, purporting to be under the hand of an officer of the Minister authorised in that behalf by the Minister, that any premises specified in such certificate are not entered in the register specified in such certificate shall be conclusive evidence of the matters so certified, and it shall not be necessary to prove the signature of such officer, or that he was in fact such officer, or was in fact so authorised.
(4) Any person may—
(a) obtain a copy certified in manner hereinbefore mentioned to be a true copy of any entry in any register kept in pursuance of this Part of this Act on payment of a fee of sixpence for each folio of seventy-two words of the copy;
(b) obtain such certificate as is hereinbefore mentioned that any specified premises are not registered in a specified register kept in pursuance of this Part of this Act on payment of a fee of two shillings and sixpence for each certificate.
Alteration and cancellation of registration.
13.—(1) The Minister may at any time alter or cancel the registration of any premises under this Part of this Act upon the application in writing in the prescribed form and manner of the registered proprietor or, in the case of an individual, the personal representative or, in the case of a body corporate, the liquidator of the registered proprietor of such premises.
(2) The Minister may at any time, without any such application as aforesaid, alter the registration of any premises under this Part of this Act in any respect in which such registration appears to him to be erroneous or misleading.
(3) The Minister may, at any time, without any such application as aforesaid, cancel the registration of any premises under this Part of this Act if he is satisfied—
(a) that the registration of such premises was obtained by fraud or by misrepresentation, whether fraudulent or innocent, or
(b) that the business in respect of which such premises are registered has ceased to be carried on in such premises, or
(c) that the registered proprietor of such premises, if an individual, has died or, if a body corporate has been dissolved and, in either case, no other person has within one month after such death or dissolution been registered as proprietor of such premises in place of the registered proprietor so dead or dissolved, or
(d) that the registered proprietor of such premises has committed an offence under any section of this Act.
(4) Before altering or cancelling (otherwise than in accordance with an application in that behalf made under this section) the registration of any premises under this Part of this Act, the Minister shall give at least one month's notice in writing of his intention so to cancel or alter such registration to the registered proprietor of such premises or his personal representative (if any) or its liquidator (as the case may be), and shall consider any representations made within seven days after the service of such notice by such registered proprietor or personal representative or liquidator (as the case may be) or by any such registered licensee and shall, if requested, cause an inquiry to be held in relation to the matter.
(5) A notice of the Minister's intention to cancel or alter the registration of premises under this Part of this Act may be served by delivering it to the person to whom it is addressed or by sending it by post to the person to whom it is addressed at his last known place of abode.
(6) Where the Minister has cancelled under this section the registration of any premises, the Minister may at any time thereafter refuse, subject to the provisions of this Act, to register such premises in any register kept in pursuance of this Part of this Act.
Inspection of registered premises.
14.—(1) Any inspector shall be entitled at all reasonable times to enter any registered premises or any premises in respect of which an application for registration under this Part of this Act has been made and to inspect such premises and the plant, appliances, and equipment therein and all cattle, sheep, beef, veal, mutton, and lamb in such premises and to observe all or any of the processes used in the business carried on in such premises.
(2) Every person who shall obstruct or impede an inspector in the exercise of any of the powers conferred on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
Returns by registered proprietors of registered premises.
15.—(1) The Minister may by order make regulations in relation to all or any of the following matters, that is to say:—
(a) the returns to be made by registered proprietors of registered premises;
(b) the persons to whom such returns are to be made;
(c) the times at which such returns are to be made;
(d) the forms in which such returns are to be made.
(2) Every person, required by regulations made under this section to make any return, who fails or refuses to make such return in accordance in all respects with such regulations shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding ten pounds and, in the case of a second or any subsequent offence, to a fine not exceeding twenty-five pounds.
Records to be kept by registered proprietors of registered premises.
16.—(1) Every registered proprietor of registered premises shall keep or cause to be kept in such premises the prescribed records in the prescribed form and manner and shall make or cause to be made in every such record the prescribed entries at or within the prescribed times.
(2) Every record kept in pursuance of this section may be inspected at any time during office hours by an inspector, and it shall be the duty of the person liable under this section to keep such record to produce for the inspection of such inspector on demand such record and also all invoices, consignment notes, receipts, and other documents (including copies thereof where the originals are not available) reasonably demanded by such inspector for the purpose of verifying any entry in or explaining any omission from such record.
(3) If any person—
(a) fails to keep or cause to be kept such record as is required by this section to be kept or caused to be kept by him; or
(b) fails to make or cause to be made in such record within the prescribed time any entry required by this section to be made by him therein; or
(c) fails to produce or cause to be produced for inspection by an inspector on demand any record, document, or copy of a document which he is required by this section to produce or obstructs any inspector in the making of such inspection; or
(d) wilfully or negligently makes or causes to be made in such record any entry which is false or misleading in any material particular,
he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.
(4) For the purpose of this section—
(a) inspection of a record or document shall include taking copies thereof or extracts therefrom; and
(b) a demand for inspection of a record or other document shall be deemed to have been duly made to the registered proprietor if such demand is made verbally on the registered premises to any person in the employment of the registered proprietor; and
(c) a refusal or failure to produce a record or other document for inspection, if made or committed on the registered premises, by a person in the employment of the registered proprietor shall be deemed to have been made or committed by the registered proprietor; and
(d) the expression “office hours” means any time between the hours of ten o'clock in the morning and five o'clock in the afternoon during which business is being carried on or work is being done on the registered premises.
Publication of contents of registers and other matters.
17.—(1) The Minister may publish, in such manner as he may think fit, all or any of the matters entered in any register kept under this Part of this Act, and notice of the cancellation or alteration of registration in any such register.
(2) No individual return or part of a return furnished in pursuance of this Part of this Act shall be published or disclosed except for the purpose of a prosecution under this Act.
(3) The Minister may, from time to time, collect and publish such statistical information (including statistics derived from returns made pursuant to this Part of this Act) as he may think fit with respect to the extent of the businesses carried on in premises registered in a register kept in pursuance of this Part of this Act.
(4) So far as is reasonably practicable, no statistical information published under this section shall contain any particulars which would enable any person to identify such particulars as being particulars relating to any individual person, business, or concern without the consent in writing of that person or of the proprietor of that business or concern.
Powers of inspection and examination.
18.—(1) Every member of the Gárda Síochána and every inspector of the Minister is hereby authorised and empowered to do all or any of the following things, that is to say:
(a) at all reasonable times to enter upon and have free access to the interior of any premises in which meat is or is believed to be sold, or kept, exposed, or stored for sale, or the premises of any person engaged in the business of carrying goods for reward, or any railway waggon, motor lorry, cart, or other vehicle used for the conveyance of goods;
(b) to examine all meat found in any place or vehicle to the interior of which he has access by virtue of this section, and for that purpose to open any package found in such place and containing or believed to contain meat;
(c) to ask of any person having the custody or possession of any meat found in the course of the exercise of any of the powers conferred by this section such questions in relation to such meat as such member or inspector shall think proper, and to demand and take the name and address of such person and also to demand and take from such person the name and address of the owner of such meat.
(2) In the exercise in or upon the premises of any railway or shipping company of the powers conferred on him by this section, every member of the Gárda Síochána and every inspector shall conform to such reasonable requirements of such company as are necessary to prevent the working of the traffic on such premises being obstructed or interfered with.
(3) Every person who shall do any of the following things, that is to say—
(a) obstruct or impede any member of the Gárda Síochána or any inspector in the exercise of any of the powers conferred on such member or inspector by this section, or
(b) fail or refuse to answer to the best of his knowledge and ability any question asked of him by any such member or inspector in exercise of a power in that behalf conferred by this section, or
(c) give an answer to any such question which is to his knowledge false or misleading, or
(d) when his own or any other name or address is demanded of him by any such member or inspector in exercise of a power in that behalf conferred by this section fail or refuse to give such name, or fail or refuse to give such address, or give a name or an address which is false or misleading,
shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.
(4) Any member of the Gárda Síochána may arrest without warrant any person who does in his presence any act (whether of commission or omission) the doing of which is declared by this section to be an offence under this section.
PART III.
Levy on Cattle and Sheep Slaughtered in Registered Slaughtering Premises.
Levy in respect of cattle and sheep slaughtered in registered premises.
19.—(1) The registered proprietor of every registered slaughtering premises shall, for every month beginning after the commencement of this Part of this Act in which any cattle or sheep are slaughtered for human consumption in Saorstát Eireann in such premises, pay to the Minister in accordance with this section a levy at the prescribed rate on all cattle and sheep so slaughtered during such month in such premises.
(2) The registered proprietor of every registered slaughtering premises shall, in every month after the first month beginning after the commencement of this Part of this Act, send in the prescribed manner by post to the Minister, at such time as to reach the Minister in the ordinary course of post not later than the seventh day of such month, a return in the prescribed form showing the number of cattle and the number of sheep slaughtered for human consumption in Saorstát Eireann in the said premises in the next preceding month.
(3) As soon as may be after the seventh day of every month, the Minister shall make in respect of every registered slaughtering premises in which any cattle or sheep were slaughtered for human consumption in Saorstát Eireann during the next preceding month (whether the registered proprietor of such premises has or has not made the return required by the next preceding sub-section of this section) a certificate certifying the amount of the levy payable under this section by the registered proprietor of such premises in respect of such premises for the next preceding month.
(4) Whenever the Minister makes a certificate under the next preceding sub-section of this section, he shall cause a copy of such certificate to be served on the registered proprietor of the registered slaughtering premises to which such certificate relates, and thereupon the amount of the levy stated in such certificate shall become and be payable by the said registered proprietor to the Minister within seven days after such service of such certificate and shall at the expiration of such seven days be recoverable by the Minister from such registered proprietor as a civil debt in any court of competent jurisdiction.
(5) If any registered proprietor of registered slaughtering premises—
(a) fails to make any return which he is required by this section to make, or
(b) makes any such return which is false or misleading in any material respect, or
(c) fails to pay within the time appointed by this section any sum payable by him to the Minister under this section,
the Minister may cancel the registration of the said premises in the register of slaughtering premises.
(6) Whenever the registration of any registered slaughtering premises has been cancelled by the Minister on account of the non-payment of any sum payable by the registered proprietor of such premises under this section, the Minister shall, if such sum is paid by such proprietor within three months after the date of such cancellation, restore the said premises to the register of slaughtering premises as on and from the date on which the said sum is so paid.
(7) Service of a copy of a certificate made under this section may be made by delivering it to the registered proprietor of the registered slaughtering premises to which it relates or by sending it by post addressed to the said registered proprietor at the said registered slaughtering premises.
(8) Every registered proprietor who fails to make within the time limited by this section any return which he is required by this section to make or who makes any such return which is false or misleading in any material respect shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.
(9) Every sum paid to or recovered by the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.
PART IV.
Restrictions on the Slaughter of Cattle and Sheep.
Definitions in Part IV.
20.—In this Part of this Act—
the word “mark” when used as a noun includes any word, letter, figure, or design or any combination of words, letters, figures and designs or any of them;
the word “mark” when used as a verb means the imposing or affixing of a mark by any means, direct or indirect;
the expression “marked cattle” means cattle marked under this Part of this Act in a prescribed manner with a prescribed mark;
the expression “unmarked cattle” means cattle which are not marked cattle;
references to the mark on cattle shall be construed as referring to a prescribed mark imposed or affixed in a prescribed manner on such cattle under this Part of this Act.
Marking of cattle for slaughter.
21.—(1) An inspector may (subject to the production by him, if so required, of his authority in writing as such inspector) enter at any reasonable time on any land or premises on which cattle are kept or are reasonably suspected by him of being kept and there examine all cattle found by him on such land or premises.
(2) Whenever an inspector, in exercise of the powers conferred by the next preceding sub-section of this section, finds on any land or premises any cattle which are in his opinion suitable for slaughter for human consumption in Saorstát Eireann, such inspector may select all or any of such cattle for slaughter for human consumption in Saorstát Eireann and may determine, in respect of each of the cattle so selected, the earliest date on which it may be so slaughtered, and the inspector shall mark in the prescribed manner and with the appropriate prescribed mark all cattle so selected.
(3) Every mark prescribed for the purposes of this section shall be of such character as to indicate clearly by mere inspection the date intended to be indicated by such mark.
(4) Every person who without lawful authority alters or defaces or permits the alteration or defacement of a mark imposed on or affixed to any cattle under this section or who without lawful authority imposes or affixes on or to any cattle a mark the same as a mark prescribed under this Part of this Act or so closely resembling any such mark as to be calculated to deceive shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.
Restrictions on slaughter of cattle.
22.—(1) It shall not be lawful for any person—
(a) to slaughter for sale for human consumption in Saorstát Eireann any unmarked cattle, or
(b) to slaughter for human consumption in Saorstát Eireann any marked cattle at any time before the date indicated by the mark on such cattle as the earliest date on which such cattle may be slaughtered.
(2) Every person who slaughters any cattle in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds for each animal in respect of which the offence is committed.
Determination of numbers of cattle to be slaughtered.
23.—The Minister may determine, from time to time as occasion requires, the number of cattle required for slaughter for human consumption in Saorstát Eireann during any particular period, and the principles on which cattle for such slaughter are to be selected, and on which the earliest date for such slaughter of any particular animal is to be fixed.
Power to apply Part IV. to sheep.
24.—(1) The Minister may with the consent of the Minister for Finance at any time at his discretion by order declare that the whole or any particular portions or portion of this Part of this Act shall, as from a specified date not earlier than the date of such order, extend and apply to sheep in like manner as it applies to cattle, but with and subject to such (if any) modifications as shall be specified in such Order.
(2) Whenever the Minister makes an order under this section declaring that this Part of this Act or any particular portions or portion thereof shall extend and apply to sheep, this Part of this Act or such particular portions or portion thereof (as the case may require) shall extend and apply to sheep in accordance with such Order.
PART V.
Provisions in Relation to the Slaughter and Sale for Slaughter of Cattle and Sheep.
Restrictions on the price of cattle and sheep.
25.—(1) The Minister may by order make regulations for all or any of the following purposes, that is to say:—
(a) fixing the minimum price at which cattle may be bought by a registered proprietor of registered premises, including the fixing of different such minimum prices for different grades of cattle and for different areas or districts;
(b) fixing the minimum price at which sheep may be bought by a registered proprietor of registered premises, including the fixing of different such minimum prices for different grades of sheep and for different areas or districts;
(c) fixing the basis, whether by weight, by hand, or otherwise, on which the price of cattle is to be calculated on any sale or on any agreement or contract for the sale of cattle for slaughter, including the fixing of different such bases for different grades of cattle and for different areas or districts;
(d) fixing the basis, whether by weight, by hand, or otherwise, on which the price of sheep is to be calculated on any sale or on any agreement or contract for the sale of sheep for slaughter, including the fixing of different such bases for different grades of sheep and for different areas or districts.
(2) Every registered proprietor of registered premises who shall buy any cattle or sheep at a price which is less than the minimum price (if any) applicable to such sale by virtue of regulations made under this section shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds for each animal in respect of which such offence was committed.
(3) Every person who shall sell or buy or agree or contract to sell or to buy any cattle or sheep at a price calculated on a basis other than the basis (if any) applicable to such sale by virtue of regulations made under this section shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds for each animal in respect of which such offence is committed.
(4) Whenever any cattle or sheep are bought by the registered proprietor of registered premises at a price which is less than the minimum price (if any) applicable to such purchase by virtue of regulations made under this section, the difference between the said price at which such cattle or sheep (as the case may be) were so bought and the said minimum price shall be a debt due by such registered proprietor to the person from whom he so bought such cattle or sheep and shall be recoverable by such person or his personal representative from such registered proprietor accordingly, but no proceedings for the recovery of any such debt shall be instituted more than twelve months after the purchase in respect of which such debt is payable.
(5) When fixing a minimum price under this section the Minister shall have regard to the cost of production of the animals to which such price applies.
Restrictions on time of weighing.
26.—(1) The Minister may by order make regulations for all or any of the following purposes, that is to say:—
(a) fixing the minimum time after feeding within which cattle may be weighed for the purpose of a sale of such cattle for slaughter, including the fixing of different such minimum times for different grades of cattle and for different areas or districts.
(b) fixing the minimum time after feeding within which sheep may be weighed for the purposes of a sale of such sheep for slaughter, including the fixing of different such minimum times for different grades of sheep and for different areas or districts.
(2) Whenever any cattle or sheep are weighed for the purposes of a sale of such cattle or sheep for slaughter within a period after feeding which is less than the minimum time (if any) fixed in that behalf by regulations made under this section which is applicable to such sale, the vendor of such cattle or sheep (as the case may be) shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds for each animal in respect of which such offence is committed.
Restrictions on place of slaughter.
27.—(1) It shall not be lawful for any cattle or sheep to be slaughtered for sale for human consumption in Saorstát Eireann in any premises or place whatsoever other than registered slaughtering premises.
(2) Every person who slaughters any cattle or sheep in contravention of this section shall be guilty of an offence under this section and shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds for each animal in respect of which such offence is committed.
(3) Where a person is charged with an offence under this section it shall be a good defence to such charge for such person to prove that the animal in respect of which the offence is alleged to have been committed was suffering pain caused by injury or disease and was slaughtered in order to avoid the unnecessary suffering to which such animal would have been subjected by bringing it to registered slaughtering premises for slaughter.
Further restrictions in respect of slaughter.
28.—(1) Every registered proprietor of registered victualling premises who procures the slaughter of any cattle or sheep in any premises or place whatsoever other than registered slaughtering premises shall be guilty of an offence under this sub-section.
(2) Every registered proprietor of registered victualling premises who buys the carcase or any part of the carcase of any cattle or sheep slaughtered in any premises or place whatsoever other than registered slaughtering premises shall be guilty of an offence under this sub-section unless he proves that he did not know and could not reasonably have known that such cattle or sheep (as the case may be) had been so slaughtered.
(3) Every person who is guilty of an offence under either sub-section of this section shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.
PART VI.
Powers of Restricting Export of Cattle and Sheep.
Export prohibition orders.
29.—(1) The Minister may, if and whenever he thinks proper, by order prohibit the export of cattle or of any particular grade or class of cattle.
(2) The Minister may, if and whenever he thinks proper, by order prohibit the export of sheep or of any particular grade or class of sheep.
(3) Orders made under either of the foregoing sub-sections of this section are in this section are in this Act referred to as export prohibition orders.
(4) The Minister may at any time by order amend or revoke an export prohibition order.
Restriction on export of cattle and sheep.
30.—(1) Whenever an export prohibition order is in force, it shall not be lawful for any person to export any animal to which such order applies save under and in accordance with a licence in that behalf issued under this Part of this Act.
(2) Every person who exports or attempts to export any animal in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds for each animal in respect of which such offence is committed.
(3) The foregoing provisions of this section shall have effect as though they were included in the Customs Consolidation Act, 1876, and that Act, as amended or extended by subsequent enactments, shall apply accordingly.
Offence by carriers.
31.—(1) Every person who shall carry by land or sea for reward any animal which is being or is intended to be exported in contravention of an export prohibition order shall, if such carrying is done in the course or for the purpose of the exportation of such animal, be guilty of an offence under this section, unless such person proves that he did not know and could not reasonably have known that such animal was being exported in contravention of such order.
(2) Every person who is guilty of an offence under this section shall be liable on summary conviction thereof, in the case of a first offence to a fine not exceeding twenty pounds, and, in the case of a second or any subsequent offence, to a fine not exceeding fifty pounds.
Export licences.
32.—(1) Whenever an export prohibition order is in force, the Minister may, if he so thinks fit, issue to any person a licence (in this Act referred to as an export licence) in the prescribed form to export the animals specified in such licence to which such export prohibition order applies, and may attach to such licence such conditions and limitations (including conditions as to the route by which the animals are to be exported) as the Minister shall think proper and shall specify in such licence.
(2) Every application for the issue of an export licence shall be made to the Minister in the prescribed form and manner.
(3) Every export licence shall be expressed and shall operate to authorise the person named therein to export, under and in accordance with the conditions and limitations specified in such licence and notwithstanding the relevant export prohibition order, the animals specified in such licence.
PART VII.
Restrictions on Manufacture of Cattle and Sheep Products.
Restriction on manufacture of cattle and sheep products.
33.—(1) No person shall carry on otherwise than under and in accordance with a licence in that behalf granted to him under this Part of this Act the business of preparing for sale for human consumption meat preserved and intended to be sold in a barrel, tin, jar, or other container or the business of manufacturing or preparing for sale for human consumption any essence, extract, or other preparation (whether liquid or solid) derived wholly or mainly from meat or both of those businesses.
(2) Every person who carries on any business in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds together with a further fine not exceeding twenty pounds for every day during which the offence is continued.
(3) This section shall not apply to any business carried on by the Minister under this Act, whether directly or through or by an agent, contractor or other like person.
Manufacturing licences.
34.—(1) The Minister may, on the application of any person in the prescribed form and manner, grant to such person a licence (in this Act referred to as a manufacturing licence) to carry on a specified business the carrying on of which without such licence is prohibited by this part of this Act.
(2) The Minister may attach to a manufacturing licence such conditions as he shall think proper and shall specify in such licence.
(3) A manufacturing licence shall be expressed and shall operate to authorise the person to whom the same is granted to carry on, under and in accordance with the terms of such licence, the business specified in such licence.
(4) The Minister may at any time revoke a manufacturing licence if he is satisfied that there has been a breach by the holder of such licence of any of the conditions attached to such licence, or that the holder of such licence has committed an offence under any section of this Act.
(5) Before revoking a manufacturing licence under this section, the Minister shall give at least one month's notice in writing of his intention so to revoke such licence to the holder thereof, and shall consider any representations made within seven days after the service of such notice by such holder and shall, if requested, cause an inquiry to be held into the manner.
(6) A notice of the Minister's intention to revoke a manufacturing licence under this section may be served by delivering it to the licence of such licence or by sending it by post to such holder at his last known place of abode.
Non-application of the Control of Manufactures Act, 1932.
35.—The Control of Manufactures Act, 1932 (No. 21 of 1932), as amended or extended by any subsequent enactment shall not apply to any business which is carried on under and in accordance with a manufacturing licence.
PART VIII.
Powers of Minister to Carry on Businesses and to Lend Money for the Development of Businesses.
Power of Minister to engage in certain businesses.
36.—(1) It shall be lawful for the Minister with the consent of the Minister for Finance to engage in and carry on all or any of the following businesses, that is to say:—
(a) the purchase, keeping, and slaughter of cattle and sheep;
(b) the sale of cattle and sheep, either in or outside Saorstát Eireann;
(c) the sale, either in or outside Saorstát Eireann, of the carcases, offals, and other parts, edible or inedible, of cattle and sheep;
(d) the treating, preparing and making suitable for sale (whether in their original or some other form or for further treatment or manufacture) of the carcases, offals and other parts, edible or inedible, of cattle and sheep;
(e) the manufacture or preparation for human consumption or for any other purpose of any marketable product from the carcases, offals, and other parts, edible or inedible, of cattle and sheep;
(f) the sale, in or outside Saorstát Eireann, of the products of all or any of the processes mentioned in the two next preceding paragraphs of this sub-section;
(g) any business which is ancillary or incidental to any business mentioned in any of the foregoing paragraphs of this sub-section.
(2) For the purpose of engaging in or carrying on any business authorised by this section, the Minister with the consent of the Minister for Finance may do all or any of the following things, that is to say:—
(a) purchase, maintain, use, and sell plant, machinery, tools, and other equipment;
(b) purchase and use feeding stuffs and other consumable stores;
(c) engage, employ, and dismiss managers, assistants, workmen, and other persons;
(d) enter into contracts;
(e) do all such other acts and things as may be necessary for or incidental to the conduct of any such business.
(3) The Civil Service Regulation Acts, 1924 and 1926, shall not apply to persons engaged or employed by the Minister under paragraph (c) of the next preceding sub-section of this section.
(4) It shall be lawful for the Minister to do anything which he is authorised by this section to do either, as he shall in each particular case think proper, through and by his own officers and other persons in the Civil Service of Saorstát Eireann, or through and by persons specially employed by him for the particular purpose in hand, or through and by agents, contractors, and other like persons, or party in one and partly in one and partly in another or others of those ways.
Acquisition of land by the Minister.
37.—(1) For the purpose of doing anything which he is authorised by this Part of this Act to do, the Minister may, with the consent of the Minister for Finance, acquire, compulsorily or by agreement, any land together with every right of way, water right or other easement used and enjoyed in connection therewith.
(2) For the purpose of the acquisition of land under this section, the Lands Clauses Acts shall be incorporated with this Part of this Act subject to the following modifications, that is to say:—
(a) the provisions relating to superfluous land and access to the special Act and section 133 (which relates to land tax and poor's rate) of the Lands Clauses Consolidation Act, 1845, shall not be incorporated with this Part of this Act, and
(b) in the construction of this Part of this Act and the Acts incorporated therewith, this Part of this Act shall be deemed to be the special Act and the Minister shall be deemed to be the promoter of the undertaking, and
(c) the bond required by section 85 of the Lands Clauses Consolidation Act, 1845, shall be under the seal of the Minister and shall be sufficient without the addition of the sureties mentioned in that section.
(3) The price or compensation payable on the acquisition of land under this section and the expenses incurred by the Minister in relation to such acquisition shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
(4) Land which is subject to a land purchase annuity or the subject of a land purchase agreement or vested in or in course of being vested in the Irish Land Commission shall not be acquired under this section without the consent of the Irish Land Commission.
(5) Nothing in this section shall empower the Minister to acquire compulsorily any land held or occupied by a local authority or any body corporate for the purposes of any railway, tramway, dock, canal, water, gas, or electricity or other public undertaking.
Sale of land and business by the Minister.
38.—(1) The Minister may, with the consent of the Minister for Finance, sell, lease, let, or otherwise dispose of any land acquired by him under this Part of this Act and also the good will and stock-in-trade and other assets of any business carried on by him under this Part of this Act at such price and on such terms and conditions as he shall, with the consent aforesaid, think proper.
(2) Any moneys received by the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.
Accounts and audits of businesses carried on by the Minister.
39.—(1) The Minister shall cause to be kept, in respect of every business carried on by him under this part of this Act, all proper and usual accounts (in such form as shall be approved of by the Minister for Finance) of all moneys received or expended by him, including a capital account, revenue account, profit and loss account and a balance sheet.
(2) The accounts of the Minister in respect of every business carried on by him under this Part of this Act shall, at the end of every accounting year for such business, be transmitted to the Comptroller and Auditor-General, who shall audit, certify and report upon such accounts.
(3) Upon the completion of an audit under this section of the accounts of any business carried on by the Minister under this Part of this Act, the Minister shall cause a copy of the balance sheet and profit and loss account as passed by the Comptroller and Auditor-General and a copy of his report to be laid before each House of the Oireachtas.
Receipts and Expenditure.
40.—(1) All moneys received by the Minister in carrying on any business under this Part of this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.
(2) All expenses incurred in carrying on any business under this Part of this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Power of Minister to lend money for certain purposes.
41.—(1) It shall be lawful for the Minister, with the consent of the Minister for Finance, to lend, out of moneys provided by the Oireachtas, any sum or sums of money—
(a) to any person engaged in or carrying on any business to which this section applies, for the purpose of extending or developing such business, whether by the acquisition of additional premises, the installation of new or additional machinery, plant, or equipment, or in any other way whatsoever, or
(b) to any person, for the purpose of the acquisition of any then existing business to which this section applies and the subsequent extension or development of such business in any such way as aforesaid, or
(c) to any person, for the purpose of the promotion and formation of a company having amongst its objects the carrying on of a business to which this section applies.
(2) All moneys lent by the Minister under this section shall be so lent on such terms and conditions as to time and manner of repayment, rate of interest, security, and other matters as the Minister shall, with the consent of the Minister for Finance, think proper in each particular case.
(3) The terms on which money is lent by the Minister under this section may, with the consent of the Minister for Finance, include all or any of the following provisions, that is to say:—
(a) a provision for the refund by the Minister out of moneys provided by the Oireachtas, to the person to whom or the company for the promotion and formation of which such money is so lent of statutory fees thereafter becoming payable by such person or company;
(b) a provision requiring or empowering the Minister to purchase, either at any time or in specified circumstances, all or any part of the issued share capital of a company for the promotion and formation of which such money is so lent;
(c) a provision whereby the Minister agrees to supply cattle, either free of charge or on specified terms, to the person to whom or the company for the promotion and formation of which such money is so lent.
(4) All moneys received by the Minister in repayment of moneys lent by him under this section or in payment of interest on or otherwise in relation to any such moneys shall be paid into or disposed of for the benefit of the Exchequer by the Minister in such manner as the Minister for Finance shall direct.
(5) Whenever the Minister has lent any money under this section it shall be lawful for the Minister to do all or any of the following things, that is to say:—
(a) with the consent of the Minister for Finance, to vary in any manner by agreement all or any of the terms and conditions on which such money was so lent;
(b) with the consent aforesaid, to compound for or wholly release all or any part of such moneys or of any interest or other payment payable on or in relation to such moneys;
(c) to take such steps (including legal proceedings) as the Minister may think proper to compel payment of or to recover all or any part of such moneys or of any interest or other payment payable on or in relation to such moneys or to enforce compliance with any term or condition on which such moneys were so lent.
(6) Whenever the Minister lends money under this section, he shall, within one month after making such loan, cause to be published in the Irish Oifigiúil a notice stating the fact of the making of such loan and also stating all material particulars of such loan.
(7) This section applies to any business of manufacturing or preparing for human consumption or for any other purpose any marketable product from the carcases, offals, or other parts, edible or inedible, of cattle and sheep or either of them.
Disposal of cattle acquired under slaughter scheme.
42.—Whenever, under a scheme whereby compensation is payable out of moneys provided by the Oireachtas for cattle slaughtered or surrendered for slaughter in pursuance of such scheme, the Minister becomes possessed of any cattle (whether alive or dead), it shall be lawful for the Minister, with the consent of the Minister for Finance, to dispose of such cattle in whatever manner he shall think proper.
PART IX.
Distribution of Beet to Certain Classes of Persons.
Definitions in Part IX.
43.—(1) In this Part of this Act—
the word “recipient” means (subject to the provisions of this section) a person who is in receipt of unemployment assistance
or of outdoor relief or home assistance or of both such unemployment assistance and such outdoor relief or home assistance;
the expression “unemployment assistance officer” has the same meaning as it has in the Unemployment Assistance Act, 1933 (No. 46 of 1933);
the expression “assistance officer” means an assistance officer within the meaning of the County Boards of Health (Assistance) Order, 1924.
(2) The Minister may, with the consent of the Minister for Finance, at any time by order declare any particular class or description of necessitous persons to be recipients for the purposes of this Part of this Act, and whenever any such order is made, the word “recipient” shall, so long as such order is in force and subject to any amendment thereof, be construed and have effect in this Part of this Act as including the class or description of persons declared by such order to be recipients.
(3) The Minister, with the consent of the Minister for Finance, may at any time by order amend or revoke any order previously made by him under this section.
Contracts for free supply of beef.
44.—(1) The Minister may, with the consent of the Minister for Finance, enter into contracts with registered proprietors of registered victualling premises whereby the registered proprietor with whom any particular such contract is so made will agree to supply, free of charge, in accordance with this Act to recipients on demand so much beef of a specified kind and quality as shall be lawfully demanded of him under this Act by recipients in each week up to a specified maximum weekly quantity of such beef and the Minister will agree to pay in accordance with this Act to such registered proprietor a specified price or a price calculated at a specified rate for all beef so supplied by such registered proprietor.
(2) The Minister may, with the consent of the Minister for Finance, agree with any person with whom he has made a contract under this section for any alteration of the terms of such contract or for the extension or termination of such contract.
(3) Every contract made under this section may contain such terms and provisions ancillary or incidental to the main object thereof as the Minister shall, with the consent of the Minister for Finance, think proper.
Areas for compulsory supply of beef.
45.—(1) Whenever the Minister is satisfied in respect of any particular area that it is for any reason not practicable to make under this Part of this Act a contract for such area with a registered proprietor of registered victualling premises for the free supply of beef to recipients, the Minister may with the consent of the Minister for Finance by order—
(a) declare such area to be an appointed area for the purposes of this Act, and
(b) require the registered proprietor of every registered victualling premises in such area, on demand made in accordance with this Act by a recipient, to supply free of charge to such recipient such quantity of beef of a specified kind and quality as shall be lawfully so demanded by such recipient, and
(c) fix the maximum weekly quantity of such beef which each such registered proprietor shall be obliged so to supply to recipients, and
(d) fix the price to be paid by the Minister to each such registered proprietor for the beef so supplied by such registered proprietor.
(2) Whenever the Minister has made an order under the foregoing sub-section of this section, the area to which such order relates shall, so long as such order remains in force, be an appointed area for the purposes of this Act and the registered proprietor of every registered victualling premises in such area shall, so long as aforesaid, be bound to supply beef to recipients in accordance with such order and this Act.
(3) In fixing, in an order made under this section, the several maximum weekly quantities of beef to be supplied to recipients in pursuance of such order by the respective registered proprietors of registered victualling premises in the area to which such order relates, the Minister shall have regard to the volume and character of victualling business done in each of such premises, to the intent that the obligations imposed by such order may be apportioned equitably amongst the registered victualling premises in such area.
(4) The Minister may with the consent of the Minister for Finance at any time by order revoke or amend any order previously made by him under this section.
Beef vouchers.
46.—(1) The Minister shall arrange for the issue to recipients of vouchers (in this Part of this Act referred to as beef vouchers) by means of which recipients will be enabled to obtain supplies of beef under this Part of this Act, and with that object the Minister, after consultation with the Minister for Local Government and Public Health and the Minister for Industry and Commerce, may by order make regulations for all or any of the following purposes, that is to say:—
(a) providing for the distribution to recipients of beef vouchers entitling such recipients to obtain a weekly supply of beef under this Part of this Act;
(b) prescribing (subject to the provisions of this section) the form and contents of beef vouchers;
(c) prescribing (subject as aforesaid) the weekly quantity of beef which each recipient shall be entitled so to obtain;
(d) securing that every person who is for the time being a recipient shall receive every week such beef voucher as he is entitled to in the circumstances of his case and that no beef voucher shall be issued to a person who is not a recipient;
(e) providing for such other matters as may be necessary or desirable for securing the due distribution of beef vouchers.
(2) Regulations made under this section if made with the concurrence of the Minister for Local Government and Public Health may impose on relieving officers and assistance officers the duty of distributing beef vouchers to recipients who are in receipt of outdoor relief or home-assistance.
(3) Every beef voucher shall state—
(a) the week during which beef can be obtained by means of such voucher, and
(b) the contractor or registered proprietor from whom and the place at which beef can be so obtained, and
(c) the quantity of beef which can be so obtained.
(4) Regulations made under this section shall provide for the weekly quantity of beef to be obtained by a recipient being fixed with due regard to the number and age of his dependants and, in the case of a recipient in receipt of unemployment assistance, the number of days on which he is unemployed in the relevant week in respect of which he is paid unemployment assistance.
Obtaining of beef by means of beef vouchers.
47.—(1) Every person to whom a beef voucher has been issued under this Part of this Act shall, on presenting, either personally or by his wife, child, or other dependant, such beef voucher during the period and at the premises named therein when such premises are open for the transaction of business be entitled to receive in exchange for such beef voucher the quantity of beef specified in such voucher.
(2) References in this Part of this Act to a demand by a recipient for beef shall be construed as referring to the due presentation of a beef voucher in accordance with the foregoing sub-section of this section.
Returns by and payment of contractors.
48.—(1) Every registered proprietor of registered victualling premises with whom a contract made by the Minister under this Part of this Act is for the time being in force shall, at the prescribed times and in the prescribed manner, furnish to the Minister a return in the prescribed form and in respect of the prescribed period showing the quantity of beef supplied during such period by such registered proprietor in pursuance of such contract and stating the prescribed particulars of such beef.
(2) Every return made by a registered proprietor in pursuance of this section shall have annexed thereto or be accompanied by all beef vouchers received by such registered proprietor in respect of the beef to which such return relates.
(3) Within one month after receipt of any return made by a registered proprietor in pursuance of this section, the Minister shall pay to such registered proprietor the price payable under the contract then in force made under this Part of this Act between the Minister and such registered proprietor for the beef to which such return relates and for which beef vouchers are annexed to or sent with such return.
Returns by registered proprietors in appointed areas.
49.—(1) Every registered proprietor of registered victualling premises in an appointed area shall, at the prescribed times and in the prescribed manner, furnish to the Minister a return in the prescribed form and in respect of the prescribed period showing the quantity of beef supplied during such period by such registered proprietor to recipients in pursuance of this Part of this Act and stating the prescribed particulars of such beef.
(2) Every return made by a registered proprietor in pursuance of this section shall have annexed thereto or be accompanied by all beef vouchers received by such registered proprietor in respect of the beef to which such return relates.
(3) Within one month after receipt of any return made by a registered proprietor in pursuance of this section, the Minister shall pay to such registered proprietor the price payable under the relevant order of the Minister for the beef to which such return relates and for which beef vouchers are annexed to or sent with such return.
Prohibition of dealings with beef vouchers.
50.—(1) Every person who sells, buys, barters, pawns, or takes in pawn, or offers to sell, buy, barter, pawn, or take in pawn a beef voucher or any beef obtained in exchange for a beef voucher shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds or, at the discretion of the Court, to imprisonment for any term not exceeding one month.
(2) Every alienation or purported alienation of a beef voucher, whether by way of sale, barter, or hypothecation, shall be void and of no effect.
(3) Nothing in this section shall apply to the due presentation of a beef voucher for the purpose of obtaining a supply of beef under this Part of this Act or to the supplying or receiving of beef in exchange for a beef voucher under and in accordance with this Part of this Act.
Prohibition of double beef vouchers.
51.—(1) No recipient shall be entitled to apply for or receive more than one beef voucher in respect of any one week, and in particular no recipient who is in receipt of both unemployment assistance and outdoor relief or home assistance shall be entitled to apply for or receive more than one beef voucher in respect of any one week.
(2) Every recipient who applies for or who receives a beef voucher in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds or, at the discretion of the Court, to imprisonment for any term not exceeding fourteen days.
Unlawful application for or receipt of beef voucher.
52.—(1) It shall not be lawful for any person who is not for the time being a recipient to apply for or to receive a beef voucher.
(2) Every person who applies for or receives or applies for and receives a beef voucher in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds or, at the discretion of the Court, to imprisonment for any term not exceeding fourteen days.
Offences by registered proprietors.
53.—Every registered proprietor of registered premises—
(a) who fails or refuses to supply to a recipient any beef which is lawfully demanded of him by or on behalf of such recipient, or
(b) who demands or takes any money or other valuable consideration (other than the price payable by the Minister under this Part of this Act), for or in relation to the supply to a recipient of beef lawfully demanded of him by such recipient, or
(c) who makes, in any return made by him in pursuance of this Part of this Act, any statement which is to his knowledge false or misleading in any material respect,
shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first such offence, to a fine not exceeding fifty pounds and, in the case of a second or any subsequent such offence, to a fine not exceeding one hundred pounds.
Investigation of complaints.
54.—(1) For the purpose of promoting the smooth and efficient working of this Part of this Act, any inspector, unemployment assistance officer, relieving officer, assistance officer, or member of the Gárda Síochána shall be entitled to inquire into and investigate any complaint by a recipient or by a registered proprietor of registered premises in regard to any matter arising under this Part of this Act and also to inquire into and investigate any matter arising in the execution of this Part of this Act which comes to the knowledge of such inspector, officer, or member and appears to him to require investigation.
(2) Whenever any inspector or any such officer as is mentioned in the foregoing sub-section of this section or any member of the Gárda Síochána finds on an inquiry or investigation made by him under that sub-section any abuse, irregularity, or other matter in relation to the execution of this Part of this Act which appears to him to require remedying, it shall be the duty of such inspector, officer, or member (as the case may be) to make such report as appears to him proper in the circumstances.