Pigs Marketing Board v Bowe Brothers, Ltd

JurisdictionIreland
Judgment Date29 November 1938
Date29 November 1938
CourtSupreme Court
S. C., I.F.S.]
Pigs Marketing Board
and
Bowe Brothers
Limited

Liability of registered minor curers - Effectiveness of registration prior to "appointed day" - Price orders made under Part IV of Act of 1935 prior to appointed day under Part II - Necessity of having regard to specified matters in making price orders - Recital in orders of regard having been had to specified matters - Minutes of meetings consisting of copies of price orders - Sufficiency of minutes -Validity of orders - Act of 1937 providing that making of order prima facie evidence of validity -Application and construction - Pigs and Bacon Act, 1935 (No. 24 of 1935), Parts II and IV -Pigs and Bacon Act, 1937 (No. 23 of 1937), s. 77.

The plaintiffs were a Board established in accordance with Part IV of the Pigs and Bacon Act, 1935, to fulfil the functions assigned to it by that Part of the Act. The defendants were a company registered in the register of minor curers (of bacon) provided for in Part II of the Act. The register was to be kept by the Minister for Agriculture "until the expiration of the preliminary period"; s. 10. The "preliminary period" meant the period of two years commencing on the appointed day; and the "appointed day" meant the day appointed by the Minister under Part II to be the appointed day for the purposes of that Part. Under s. 11, qualified minor curers could apply "before the appointed day" for registration in the register; and, under s. 12, on receipt of the application, the Minister was to enter the applicant in the register. The defendants applied for registration, and were entered in the register, prior to the day appointed as the appointed day for the purposes of Part II. Under Part IV of the Act, the Board was to be established as from a date specified in a notice published by the Minister: s. 122; and, not later than one month after that date or such subsequent date (if any) as the Minister might appoint, the Board was to meet and at the meeting make a price order which, inter alia, was to appoint a period (beginning on a day not later than one month after the day on which the order was made) to be the first sale period for the purposes of Part IV; and the Board was, not later than one week before the end of a sale period, to make another price order appointing, inter alia, the next sale period: s. 140. The price orders were...

To continue reading

Request your trial
1 cases
  • Minister for Agriculture v O'Connell
    • Ireland
    • Supreme Court
    • 16 d1 Novembro d1 1942
    ...A. C. 206, at p. 219. (1) [1941] I. R. 68. (2) 3 App. Cas. 582. (3) [1936] I. R. 326. (4) L. R. 10 Q. B. 195. (5) [1916] 2 Ch. 1. (6) [1938] I. R. 645. (1) [1941] I. R. ...

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT