Horse Breeding Act , 1934

1 Definitions.

1.—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 any person authorised (either generally or for a special purpose) by the Minister to exercise all or any of the powers and perform all or any of the duties conferred and imposed on an inspector by this Act;

the expression “the appointed day”means the day appointed by the Minister under this Act to be the appointed day for the purposes of this Act.

2 The appointed day.

2.—The Minister may by order appoint a day to be the appointed day for the purposes of this Act.

3 Application of this Act.

3.—This Act applies to every stallion which is for the time being of or over the prescribed age and is not for the time being an exempted stallion.

4 List of exempted stallions.

4.—(1) The Minister shall cause to be kept a list to be called and known as “the list of exempted stallions” (in this Act referred to as “the list”).

(2) The list shall be in the prescribed form and there shall be entered therein and removed therefrom the matters respectively required by this Act to be entered therein and removed therefrom.

(3) Any person may inspect the list on payment of such fee, not exceeding one shilling for each inspection, as may be prescribed.

5 Application for entry in the list of exempted stallions.

5.—(1) The owner of any stallion (in this Act referred to as an exemptible stallion), which is entered in a prescribed recognised stud book and which—

(a) is used for the service of no mares other than mares which are either—

(i) entered in a prescribed recognised stud book, or

(ii) approved by the Minister, or

(b) is used exclusively for racing, or

(c) is in training for racing,

may make application to the Minister requesting him to enter such stallion in the list as the property of such owner.

(2) Every application made under this section shall be made in the prescribed form and manner, shall contain the prescribed particulars, and shall be accompanied by such fee, not exceeding two shillings and sixpence, as may be prescribed.

6 Entry in list of exempted stallions.

6.—(1) On receipt of any application made under and in accordance with this Act for the entry of a stallion in the list, the Minister shall, if he is satisfied that such stallion is an exemptible stallion, enter such stallion and the prescribed particulars relating to such stallion in the list.

(2) Every stallion for the time being entered in the list shall, save as otherwise provided by this Act, be an exempted stallion within the meaning of and for the purposes of this Act.

7 Removal from list of exempted stallions.

7.—The Minister shall remove from the list any stallion entered therein which has ceased to be an exempted stallion on the Minister becoming aware of such cesser.

8 Determination of exemption.

8.—(1) Any stallion entered in the list shall cease to be an exempted stallion on the happening of any of the following events, that is to say:—

(a) the expiration of six months from the death of the owner of such stallion where the personal representative of such owner has not during those six months transferred (whether by sale, assent to a bequest or otherwise) the ownership of such stallion, or

(b) the expiration of a period of thirty days from the date of any transfer of the right to the ownership of such stallion, unless the person to whom the right to the ownership of such stallion is transferred applies within such period, under this Act, for the entry of such stallion in the list as the property of such person, or

(c) such stallion ceasing to be an exemptible stallion.

(2) It shall be the duty of the owner of any stallion entered in the list and of the personal representative of any deceased owner of any such stallion to notify the Minister of the happening of any event by reason of which such stallion ceases to be an exempted stallion.

(3) If any person fails to comply with the obligation imposed on him by the immediately preceding sub-section, such person shall be guilty of an offence under this section, and shall on summary conviction thereof be liable to a fine not exceeding forty shillings.

9 Evidence of list of exempted stallions.

9.—(1) The list shall be—

(a) deemed to be in proper custody when in the custody of the Minister or any 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 the list may be given in any Court or any legal proceeding 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 in fact 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 stallion specified in such certificate is not entered in the list shall be conclusive evidence of the matter 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 the manner hereinbefore mentioned to be a true copy of any entry in the list on payment of such fee as may be prescribed;

(b) obtain such certificate as is hereinbefore mentioned that a stallion is not entered in the list on payment of such fee as may be prescribed.

10 Restrictions on keeping of stallions.

10.—(1) On and after the appointed day it shall not be lawful for any person to keep or have in his possession any stallion to which this Act applies unless—

(a) (i) he has made application in accordance with this Act for a licence authorising the holder thereof to keep and have in his possession such stallion, and

(ii) such application has been neither refused nor granted; or

(b) (i) he is the holder of a licence granted under this Act authorising the holder thereof to keep and have in his possession such stallion, and

(ii) he keeps or has in his possession such stallion in accordance with the terms of such licence; or

(c) (i) he is the holder of a permit granted under this Act authorising the holder thereof to keep and have in his possession such stallion, and

(ii) he keeps or has in his possession such stallion in accordance with the terms of such permit.

(2) Every person who keeps or has in his possession any stallion to which this Act applies in contravention of this section shall be guilty of an offence under this sub-section of this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(3) Whenever any person has been convicted of an offence under the next foregoing sub-section of this section, such person shall, if after the expiration of fourteen days after such conviction he keeps or has in his possession in contravention of this section the stallion in respect of which he was so convicted, be guilty of an offence under this sub-section of this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds together with a further fine not exceeding five pounds for each week or part of a week during which he continues to keep or have in his possession such stallion in contravention of this section after the expiration of the said fourteen days.

(4) In any prosecution for an offence under this section the burden shall lie on the person prosecuted of proving (if in issue) any of the following matters, that is to say:—

(a) that an application was made in accordance with this Act for a licence in respect of the stallion to which such prosecution relates;

(b) that a licence or permit was granted under this Act in respect of such stallion and was in force at the time when such offence is alleged to have been committed;

(c) the age of such stallion;

and unless and until the contrary is proved it shall be presumed that no such application was made or that no such licence or permit was granted or if such licence or permit had been granted that it was no longer in force at the time at which the offence was alleged to have been committed and that such stallion was on that day a stallion to which this Act applies.

(5) For the purpose of a prosecution for an offence under this section a stallion shall be deemed to be kept by and to be in the possession of each and every of the following persons, that is to say:—

(a) the owner of the stallion, and

(b) a person to whom the stallion has been lent, hired or leased for a period exceeding six months, and

(c) the owner or the person having the charge or management of the lands or premises on which the stallion was when the offence was alleged to have been committed, unless such owner or person proves that the stallion was then on the said lands without his knowledge or connivance.

11 Applications for licences.

11.—(1) The following provisions shall have effect in relation to applications for licences under this Act, that is to say:—

(a) every application shall be in the prescribed form, and be made to the Minister in the prescribed manner, and shall contain the prescribed particulars;

(b) every application made in the prescribed time shall be accompanied by the prescribed fee (in this section referred to as the licence fee) payable for the licence to which the application relates;

(c) every application made at any time other than the prescribed time shall be accompanied by the licence fee for the licence to which the application relates and shall in addition be accompanied by the fee (not exceeding five pounds and in this section referred to as the special fee) prescribed for such applications.

(2) The licence fee paid with any application made to the Minister under this section, if such application be refused, shall be returned to the applicant.

(3) Any special fee paid with any application made under this section shall be retained by the Minister and disposed of in accordance with this Act whether such application be granted or refused.

(4) Every application for a licence or for the renewal of a licence made under and in accordance with the Horse Breeding Act, 1918, repealed by this Act, and after the first day of January, 1933, and before the appointed day shall be deemed to be an application for a licence under this Act in the prescribed form and to have been made in the prescribed time and the amount of any fee paid upon such application shall, subject to the provisions of the next following sub-section, be deemed to be paid for or on account of the licence fee payable under this Act.

(5) If any amount paid as a fee on an application for a licence made under the Horse Breeding Act, 1918, and deemed to be paid for or on account of the licence fee payable under this Act is greater or less than the licence fee so payable such amount shall be adjusted as between the Minister and the applicant by repayment or further payment as the case may require.

(6) The Minister in making regulations prescribing licence fees may divide stallions into different classes and may by such regulations prescribe different licence fees in respect of licences granted for stallions of different such classes.

12 Minister may grant licences.

12.—(1) The Minister may grant a licence under this Act to any person who applies to him in accordance with this Act for such licence, and may also issue to the applicant (when so requested) a certified copy of such licence.

(2) Where the Minister is satisfied that a licence granted under this section has been lost or destroyed he may, subject to the prescribed conditions and on payment of the prescribed fee, issue to the holder of such licence a duplicate thereof, and such duplicate licence shall for all purposes have the same force and effect as the original licence, and all the provisions of this Act with respect to a licence granted under this Act shall apply to a duplicate licence issued under this section.

(3) Where the Minister is satisfied that a certified copy of a licence granted under this section has been lost or destroyed he may, subject to the prescribed conditions and on payment of the prescribed fee, issue to the holder of such licence another certified copy thereof.

(4) The Minister may if he so thinks fit limit the operation of any licence granted under this Act to any place or area in Saorstát Eireann and any licence the operation of which is so limited shall authorise the holder thereof to keep and have in his possession the stallion to which such licence relates only in the place or district to which its operation is limited.

13 Conditions for granting a licence.

13.—(1) The Minister may refuse to grant a licence under this Act in respect of any stallion which appears to him—

(a) to be affected by any contagious or infectious disease, or

(b) to be affected by any other disease or defect prescribed as a disease or defect rendering a stallion unsuitable for breeding purposes, or

(c) to be inadequately prolific, or

(d) likely by reason of its defective conformation or physique, or otherwise, to beget unsuitable progeny.

(2) The Minister may cause any stallion in respect of which an application for a licence under this Act has been made to be inspected and examined by an inspector, and in that case it shall be the duty of the applicant to permit such stallion to be so inspected and examined.

14 Revocation of licences.

14.—Where it appears to the Minister that a stallion in respect of which a licence has been granted under this Act—

(a) is affected by any contagious or infectious disease, or

(b) is affected by any other disease or defect prescribed as a disease or defect rendering such stallion unsuitable for breeding purposes, or

(c) is inadequately prolific, or

(d) has begotten or is, by reason of its defective conformation or otherwise, likely to beget unsuitable progeny,

the Minister may revoke the licence granted in respect of such stallion.

15 Operation, duration and renewal of licences.

15.—(1) Every licence granted under this Act shall be expressed and shall operate to authorise the person to whom it is granted or transferred to keep and have in his possession, in accordance with the terms of such licence, a specified stallion to which this Act applies and shall (unless it is previously revoked under this Act and subject to any suspension under this Act) continue in force until the 31st day of December next after the date on which it was granted and shall then expire unless it is renewed under this Act.

(2) Every person who is the holder of a licence granted under this Act which is in force (whether by virtue of the original grant or of a renewal or by way of transfer of such licence) may, within the prescribed time and while such licence continues so in force apply to the Minister for a renewal of such licence.

(3) Every application for the renewal of a licence granted under this Act shall be in the prescribed form, accompanied by the prescribed fee and be made in the prescribed manner and shall contain the prescribed particulars.

(4) The provisions of this Act in relation to the grant of a licence under this Act shall apply to every application for the renewal of a licence granted under this Act in like manner as they apply to the grant of such licence with and subject to the modification that an application for a renewal of a licence granted under this Act in respect of a stallion which has attained the age of seven years and which has been licensed under this Act for three consecutive years preceding such application for renewal shall not be refused on the ground only of such stallion being affected in its wind.

(5) Where an application has been made in accordance with this section for the renewal of a licence granted under this Act and such application has not been granted or refused before the expiration of the licence in respect of which it was made such licence shall be renewed by virtue of this section until such application is either granted or refused.

16 Production of licence for inspection.

16.—(1) It shall be the duty of the holder of a licence granted under this Act to produce or cause to be produced on demand such licence or a certified copy thereof issued under this Act, at the place where the stallion to which it relates is usually kept or at any place at which such stallion for the time being is, for inspection by—

(a) an inspector, or

(b) a member of the Gárda Síochána, or

(c) a person in charge of a mare about to be served by such stallion.

(2) Every holder of a licence granted under this Act who fails without just cause or excuse to produce such licence or a certified copy thereof issued under this Act or to cause such licence or copy to be produced on any occasion on which he is required by this section so to do shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.

(3) A demand for the production of a licence shall be deemed for the purpose of this section to have been made to the holder of such licence if such demand is made verbally at the place where the stallion to which such licence relates is usually kept or for the time being is to a person in the employment of such holder and having the care, custody, or charge of such stallion.

17 Duty on persons having custody of stallions.

17.—(1) It shall be the duty of any person having custody or charge of any stallion to which this Act applies, and of the owner or the person having the charge or management of the lands or premises on which any such stallion is found, if so required by an inspector or by a member of the Gárda Síochána, to give to such inspector or such member the name and address of the owner of such stallion and of the person by whom such stallion is kept, so far as the same are known to him.

(2) Every such person as aforesaid who, knowing the name or address of the owner of a stallion to which this Act applies or of the person by whom such stallion is kept, refuses when so required to give such name or address to an inspector or to a member of the Gárda Síochána shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.

18 Permits for keeping of stallions.