No. 28/1933:

SEEDS AND FERTILISERS SUPPLY ACT, 1933

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Power of county council to provide seeds and fertilisers.

3 Recovery of sums payable to county councils under this Act.

4 Recoupment of losses by the State.

5 Borrowing power.

6 Admissibility of unstamped undertakings and guarantees.

7 Exemption from disqualification.

8 Validation of certain orders, regulations, etc.

9 Short title.

SCHEDULE

AN ACT TO AUTHORISE AND VALIDATE THE PROVISION AND SALE BY THE COUNCILS OF COUNTIES OF BARLEY SEEDS, OAT SEEDS, AND SEED POTATOES AND OF FERTILISERS DURING THE PERIOD COMMENCING ON THE 1ST DAY OF MARCH, 1933, AND ENDING ON THE 31ST DAY OF JULY, 1933, AND TO MAKE PROVISION FOR MATTERS INCIDENTAL TO OR CONNECTED WITH SUCH PROVISION AND SALE.

[19th August, 1933.]

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

1.—In this Act—

the word "goods" means seeds and fertilisers or seeds only or fertilisers only, as the case may require;

the word "seeds" means only barley seeds, oat seeds, and seed potatoes;

references to the sale of goods by or to the purchase of goods from a council shall be construed as including transactions in which a council arranges or has arranged for the supply of goods by a dealer in those goods to a person authorised by such council to receive such supply.

2.—(1) It shall be lawful for the council of a county at any time before the 31st day of July, 1933, to provide a supply of seeds and fertilisers or of seeds only or of fertilisers only for distribution in such county or in any particular portion thereof and to sell any of the seeds and fertilisers or seeds or fertilisers (as the case may be) so provided to any occupier or cultivator of land in such county or such particular portion thereof.

(2) Where the council of a county has, on or after the 1st day of March, 1933, and before the passing of this Act, provided a supply of seeds and fertilisers or of seeds only or of fertilisers only for distribution in such county or in any particular portion thereof, it shall be and be deemed always to have been lawful for such council to sell any of the seeds and fertilisers or seeds or fertilisers (as the case may be) so provided to any occupier or cultivator of land in such county or such particular portion thereof, and every such provision or sale made before the passing of this Act shall be deemed for the purposes of this Act to have been made under this Act and references in this Act to the provision or to the sale of goods by the council of a county and to the purchase of goods from the council of a county shall be construed accordingly.

(3) Whenever the council of a county sells or has sold under this Act any goods to any person, the sum payable by such person to such council in respect of such sale shall carry interest at such rate per cent. per annum as may be fixed in that behalf by such council, notwithstanding that no agreement to pay interest was made at the time of such sale.

(4) Whenever the council of a county provides or has provided and sold under this Act seeds and fertilisers or either of them, such council may ascertain the total amount of the costs and expenses (other than the price paid by such council for such seeds and fertilisers or seeds or fertilisers, as the case may be) incurred by such council in respect of the provision and all sales of such goods and may apportion such amount amongst the several persons to whom such goods were so sold and thereupon the sum so apportioned to any such person shall be added to and form and be deemed always to have formed part of the sum owing to such council by such person in respect of the sale so made to such person and shall be recoverable under this Act accordingly, notwithstanding that no agreement for the payment of such sum was made at the time of such sale.

(5) Any sum owing to the council of a county in respect of any sale under this Act of any goods (including the interest and proportion of costs and expenses payable by virtue of this section) shall be paid to such council, at the option of such council, either at the time and in the manner agreed on at the time of such sale or by two equal instalments payable on the respective dates appointed for the purpose by such council, and in either case may be collected and recovered in the manner authorised by this Act.

3.—In addition and without prejudice to any other method of recovering any sum payable to the council of a county in respect or on account of a sale of goods by such council under this Act, every such sum which is not paid to or recovered by such council before the 1st day of January, 1934, may—

( a ) if the person by whom the same is payable is rated to the poor rate in such county, be recovered by the levying by such council of a special rate to be added to and collected with the poor rate assessed on the tenement in respect of which such person is so rated, or

( b ) if the person by whom the same is payable is not rated to the poor rate in such county, be recovered by means of a special rate to be made by such council for the purposes of this section to which such person shall be rated and which shall be collected and may be recovered in the same manner and by the same means as poor rate may be collected and recovered by such council.

4.—(1) Subject to the limitation imposed by the next sub-section of this section, the Minister for Finance shall, out of moneys provided by the Oireachtas, recoup to any council of a county one-half of every sum—

( a ) which is payable by any person to such council in respect of or on account of a sale of goods under this Act by such council to such person, and

( b ) the payment whereof to such council by such person is guaranteed in writing by two sureties approved of by such council, neither of whom is a purchaser of goods from such council under this Act, and

( c ) which is certified by the Minister for Local Government and Public Health to be irrecoverable by such council from such person and such sureties.

(2) The total amount paid by the Minister for Finance under this section to the council of any county shall not exceed the sum stated in the second column of the Schedule to this Act opposite the name of such county in the first column of the said Schedule.

5.—(1) The council of a county may borrow such moneys as may be necessary for the purpose of the provision under this Act of supplies of seeds and fertilisers or of seeds only or of fertilisers only.

(2) Every sum borrowed under this section shall be repaid on or before the 31st day of March, 1935, with interest at the rate agreed upon.

(3) Every sum borrowed under this section and the interest thereon shall be deemed to be charged, as from the date on which such sum is borrowed, on the poor rate leviable in the county of the council by which the same is so borrowed.

6.—Whenever (whether before or after the passing of this Act) any person has purchased under this Act any goods from the council of a county and such person has, prior to such purchase or as a condition of being permitted to make such purchase, signed or otherwise become liable on an undertaking (whether with or without a guarantee by sureties) to pay to such council the price of the goods so purchased, such undertaking and the guarantee (if any) included therein may be tendered and shall (on proof of due execution) be received in evidence in proceedings in any Court to recover such price from such person or from any such surety, notwithstanding that the provisions of the Stamp Act, 1891, as amended or adapted by subsequent enactments have not been complied with.

7.—No person shall be disqualified for being elected, chosen, or being a member of the council of a county or district, or of the board of commissioners of a town by reason of his having purchased or agreed to purchase from the council of a county any goods provided and sold by such council under this Act.

8.—All orders and regulations made, sanctions given, and things done by the Minister for Local Government and Public Health before the passing of this Act in relation to the provision and sale of goods under this Act by the councils of counties shall be and be deemed always to have been legal and valid for all purposes.

9.—This Act may be cited as the Seeds and Fertilisers Supply Act, 1933 .

SCHEDULE