Pigs and Bacon Act, 1937
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Payments by the Bacon Marketing Board to certain former curers. |
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 carcase 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 premises 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. |