HORSE BREEDING ACT, 1934

Type Act
Publication 1934-02-09
Last updated 1990-05-15
State Repealed superseded text
Text As published
articles 32

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

1 amending act · 1990-05-15, HORSE BREEDING ACT, 1990

Reform history JSON API

AN ACT TO MAKE PROVISION FOR THE LICENSING OF STALLIONS AND FOR OTHER MATTERS CONNECTED THEREWITH. [9th February, 1934.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

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”).

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—

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

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.

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:—

9 Evidence of list of exempted stallions.

9.—(1) The list shall be—

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—

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.

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:—

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.

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—

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—

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.

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—

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.

18 Permits for keeping of stallions.

18.—(1) The Minister may, if he so thinks proper, grant to any person, on payment of the prescribed fee (not exceeding five shillings), a permit to keep and have in his possession for a period not exceeding eleven months a stallion to which this Act applies.

19 Transfer of licences and permits.

19.—(1) Save in the manner and to the extent authorised by this section, licences and permits granted under this Act shall not be transferable.

20 Effect of loans, etc., of stallions.

20.—(1) Where the holder of a licence or permit granted under this Act lends, hires, or leases the stallion to which such licence or permit relates to another person for a period not exceeding six months, such stallion shall be deemed for the purposes of this Act to continue during such lending, hiring, or lease in the possession of and to be kept by the holder of such licence or permit.

21 Duties of holder of licences and permits.

21.—(1) It shall be the duty of the holder of a licence or permit granted under this Act—

22 Inspection of stallions.

22.—(1) An inspector may inspect and examine and any member of the Gárda Síochána may inspect at all reasonable times any stallion to which this Act applies or any stallion which is reasonably believed by such inspector or member to be a stallion to which this Act applies.

23 Minister may order castration of certain stallions.

23.—(1) Where the Minister refuses an application for a licence or a permit under this Act or revokes or suspends a licence or permit granted under this Act, or is of opinion that a stallion to which this Act applies is not suitable for breeding purposes the Minister may serve on the owner, reputed owner, or other person keeping or having possession of the stallion the subject of such application, licence, permit, or opinion a notice in the prescribed form requiring such person within the time (not being less than fourteen days) specified in such notice to have such stallion castrated.

24 Establishment of panels of referees.

24.—(1) The Minister shall, as soon as may be after the appointed day, and subsequently within two months before the termination of each panel established under this section, establish a panel of referees for the purposes of this Act by appointing not less than five persons (in this section referred to as original referees), three at least of whom shall be registered veterinary surgeons, to form such panel, in the case of the first such panel, as from a date specified by the Minister and, in the case of every subsequent panel, as from the date of the termination of the then existing panel.

25 Requisition for examination by a referee.

25.—(1) Where the Minister—

Act or for the renewal of a licence granted under this Act, or

the owner or any person keeping or having possession of the stallion to which the application, licence, permit, or notice relates shall be entitled on application in the prescribed manner, and within the prescribed time, and on payment of the prescribed fee not exceeding five guineas, to have such stallion inspected and examined by a referee.

26 Expenses.

26.—All expenses incurred by the Minister in carrying this Act into effect shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

27 Disposal of fees.

27.—All fees received by the Minister under 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.

28 Penalty for fraudulent use of licences.

28.—Every person who fraudulently alters or uses or permits the fraudulent alteration or use of any licence, duplicate licence, certified copy licence or permit granted or issued under this Act shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds or, at the discretion of the Court, to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

29 Prosecution of offences.

29.—Every offence under any provision of this Act may be prosecuted by or at the suit of the Minister as prosecutor.

30 Regulations.

30.—(1) The Minister may by order make regulations in relation to any matter or thing referred to in this Act as prescribed or to be prescribed, but no such regulations shall be made in relation to the amount or collection of fees without the consent of the Minister for Finance.

be after it is made, and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after such regulation is so laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

31 Repeal.

31.—The Horse Breeding Act, 1918, is hereby repealed.

32 Short title.

32.—This Act may be cited as the Horse Breeding Act, 1934.

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