PART I.

Verification and Stamping of Bottles used for the Sale or Supplying of Intoxicating Liquor.

3. —The term “trade” when used in the Weights and Measures Acts, 1878 to 1904, shall, in addition to the meanings assigned to it by section 19 of the Principal Act, include the sale or supplying in bottle of intoxicating liquor which is at the time of such sale or supplying required by virtue of section 9 of the Intoxicating Liquor (General) Act, 1924 (No. 62 of 1924) to be sold or supplied in bottles of a size prescribed under that section.

4. —(1) The Commissioner may from time to time appoint so many special inspectors of measures (in this Act referred to as special inspectors) as he may think necessary and the Minister for Finance shall sanction for the discharge of the duties of special inspectors under this Part of this Act, and so many assistants to special inspectors as he may think necessary and the Minister for Finance shall sanction.

(2) The Commissioner may suspend or dismiss any special inspector from his office as special inspector, and may suspend or dismiss any assistant to a special inspector from his office as assistant.

(3) Every person appointed under this section to be a special inspector shall be a member of the Gárda Síochána and shall possess a certificate under section 8 of the Act of 1904 or a special inspector's certificate granted in accordance with regulations made by the Minister under this section.

(4) Any person appointed under this section to be an assistant to a special inspector may be a member or not a member of the Gárda Síochána as the Commissioner with the approval of the Minister for Finance shall think fit.

(5) An ex-officio inspector of weights and measures may be appointed to be a special inspector and when so appointed may, if the Commissioner so directs, continue to be an ex-officio inspector of weights and measures.

(6) The Commissioner shall provide every special inspector with such standards and equipment as is necessary for the performance by him of his duties as such special inspector.

5. —(1) So far as relates to the verification and stamping of bottles to which this Act applies—

(a) every special inspector shall have all the powers and perform all the duties conferred or imposed on an inspector of weights and measures by or under the Weights and Measures Acts, 1878 to 1904, as amended by this Act, but without any restriction as to the area or district in which such powers may be exercised or such duties are to be performed by such special inspector, and

(b) references in the Weights and Measures Acts, 1878 to 1904, as amended by this Act to an inspector of weights and measures shall be construed as including references to a special inspector and the said Acts as so amended shall have effect accordingly.

(2) Every person appointed an assistant to a special inspector shall perform in relation to such special inspector such duties as the Commissioner may from time to time direct.

6. —(1) In addition to the times and places fixed under the Weights and Measures Acts, 1878 to 1904, for the verification and stamping of weights and measures, manufactured bottles to which this Act applies may be verified and stamped at such times and in such places in the factory in which such bottles are manufactured or in the immediate neighbourhood thereof as the Commissioner shall with the approval of the Minister appoint.

(2) The Commissioner shall assign a special inspector to every place appointed by him under this section for the verification and stamping of bottles to which this Act applies and it shall be the duty of such special inspector to attend at such place at the times appointed in respect thereof by the Commissioner under this section and there to perform the duties in relation to the verification and stamping of bottles to which this Act applies imposed on him by the Weights and Measures Acts, 1878 to 1904, as amended by this Act.

7. —(1) The Minister may, if and whenever he thinks fit, grant in respect of any factory in Saorstát Eireann a licence in the prescribed form authorising all bottles to which this Act applies manufactured in such factory to be stamped in the prescribed manner during the process of manufacture with a stamp of verification under the Weights and Measures Acts, 1878 to 1904, as amended by this Act or with an impression derived from such stamp, and a factory in respect of which such a licence has been granted and is in force is in this section referred to as a licensed factory.

(2) No licence shall be granted under this section unless or until the Minister has made regulations under this section.

(3) The Minister may at any time revoke any licence granted under this section.

(4) All bottles stamped under this section during manufacture shall immediately after they are manufactured be tested and verified in the prescribed manner by a special inspector and if found by him not to be correct in accordance with the stamp thereon shall forthwith be destroyed in the prescribed manner by or under the supervision of a special inspector.

(5) The methods of verification and stamping of bottles to which this Act applies authorised under this section shall, in respect of such bottles manufactured in a licensed factory, be in substitution for the methods of verification and stamping required or authorised by or under the Principal Act.

(6) The Minister shall make regulations relating to the following matters:—

(a) any matter or thing referred to in this section as prescribed,

(b) the securing that bottles to which this Act applies stamped under this section will be so stamped by or under the immediate supervision of a special inspector,

(c) the securing that such bottles will be and remain in the custody of a special inspector from the time of manufacture until released or destroyed by or under the supervision of a special inspector,

(d) prescribing the duties of a special inspector under this section,

(e) imposing such conditions on the proprietor of a licensed factory as the Minister may consider necessary to ensure that all bottles to which this Act applies manufactured in and issued from such factory are duly verified and stamped in accordance with this section and the regulations to be made thereunder,

(f) prescribing the penalties which may be inflicted on persons (other than special inspectors) found by a court of summary jurisdiction to be guilty of contravening the regulations, but so that no such penalty shall exceed a fine of twenty-five pounds or, at the discretion of the court, imprisonment for any term not exceeding three months.

(7) Any person (other than a special inspector) found guilty by a court of summary jurisdiction of contravening any regulation made under this section may be sentenced by such court to suffer a penalty not exceeding the penalty prescribed by such regulation in respect of such contravention or, where no penalty is so prescribed, not exceeding a fine of twenty-five pounds or, at the discretion of the court, imprisonment for any term not exceeding three months.

(8) If a special inspector is guilty of any breach of duty imposed on him by regulations made under this section he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(9) In this section the word “prescribed” means prescribed by regulations made under this section.

8. —(1) There shall be paid in respect of the verification and stamping of bottles to which this Act applies by the persons requiring the same to be verified such fees as may be prescribed by regulations made under this section by the Minister with the consent of the Minister for Finance and different fees may be so prescribed for different classes of bottles and for different methods of testing.

(2) All fees payable under this section in respect of the verification and stamping of bottles by an inspector of weights and measures or an ex-officio inspector of weights and measures shall be paid to such inspector and applied and accounted for by him in like manner as if the same were fees received by him under the Principal Act.

(3) All fees payable under this section in respect of the verification and stamping of bottles by a special inspector shall be paid into the Gárda Síochána Reward Fund and the Exchequer in such proportions as the Minister for Finance shall direct.

9. —All expenses incurred under this Part of this Act (save those incurred by or in respect of an inspector of weights and measures or an ex-officio inspector of weights and measures) shall, to such extent as may be sanctioned by the Minister for Finance. be paid out of moneys provided by the Oireachtas.