No. 11/1942:

SEEDS AND FERTILISERS SUPPLY ACT, 1942

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Period to which this Act applies.

3 Power of county council to provide seeds and fertilisers.

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

5 Power of county councils to give guarantees.

6 Partial recoupment by the State of irrecoverable moneys.

7 Borrowing power.

8 Raising of expenses not recovered or recouped.

9 Admissibility of unstamped undertakings and guarantees.

10 Exemption from disqualification.

11 Validation of certain orders, etc.

12 Short title.

SCHEDULE

AN ACT TO AUTHORISE AND VALIDATE THE PROVISION AND SALE BY THE COUNCILS OF COUNTIES OF WHEAT SEEDS, BARLEY SEEDS, OAT SEEDS, AND SEED POTATOES AND OF FERTILISERS DURING THE PERIOD WHICH BEGAN ON THE 1ST DAY OF AUGUST, 1941, AND WILL END ON THE 31ST DAY OF JULY, 1942, AND THE GIVING BY COUNCILS OF COUNTIES OF GUARANTEES IN RESPECT OF SALES OF ANY SUCH SEEDS, SEED POTATOES, OR FERTILISERS BY SEED MERCHANTS DURING THAT PERIOD, AND TO MAKE PROVISION FOR MATTERS INCIDENTAL TO OR CONNECTED WITH SUCH PROVISION, SALE, OR GUARANTEES.

[26th May, 1942.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

the expression "the Minister" means the Minister for Local Government and Public Health;

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

the word "seeds" means only wheat seeds, 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.—This Act shall apply to the period which began on the 1st day of August, 1941, and will end on the 31st day of July, 1942.

3.—(1) Whenever the council of a county has, during the period to which this Act applies, 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 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.

(2) Whenever the council of a county has, in the period to which this Act applies, 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 in that period and may apportion such amount amongst the several persons to whom such goods were so sold in the said period, 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.

(3) Whenever the council of a county 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) 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.

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

( a ) if the person by whom the same is payable is rated (otherwise than as owner of a small dwelling within the meaning of the Local Government (Rates on Small Dwellings) Act, 1928 (No. 4 of 1928)) to the poor rate in such county, be recovered by the levying by such council of a special rate assessed on the tenement or such one as the council shall select of the tenements in respect of which such person is so rated and shall be collected and may be recovered by such council in the same manner and by the same means as poor rate, or

( b ) if the person by whom the same is payable is not rated as aforesaid 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.

5.—(1) It shall be lawful for the council of a county to make and carry out a scheme whereby such council undertakes to guarantee to any approved seed merchant the due payment to such merchant of the whole or a specified proportion of the price payable by an approved occupier or cultivator of land in such county for seeds and fertilisers or seeds only or fertilisers only supplied by such merchant to such approved occupier or cultivator during the period to which this Act applies.

(2) Whenever the council of a county has given to an approved seed merchant a guarantee in pursuance of a scheme authorised by the next preceding sub-section of this section and, in consequence of the default of the occupier or cultivator to whom such guarantee relates, such council pays any money to such merchant under such guarantee, the following provisions shall have effect, that is to say:—

( a ) any money lawfully recoverable by such council from such occupier or cultivator or his sureties (if any) on account of the said payment to such merchant shall (in addition and without prejudice to any other method of recovering the same) be recoverable under this Act as if it were a sum payable by such occupier, cultivator, or surety (as the case may be) in respect of a sale of goods to him by such council under this Act;

( b ) such guarantee may be tendered and shall (on proof of due execution) be received in evidence in proceedings in any court by such council to recover money so lawfully recoverable as aforesaid from such occupier, cultivator, or surety notwithstanding that the provisions of the Stamp Act, 1891, as amended or adapted by subsequent enactments have not been complied with in respect of such guarantee.

(3) In this section the word "approved" means approved of by the council concerned.

6.—(1) Subject to the limitation imposed by the next following 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 in respect of which all of the following conditions apply, that is to say:—

( a ) such sum has become payable by any person to such council either in respect of or on account of a sale of goods under this Act by such council to that person or in respect of or on account of moneys paid by such council to a seed merchant in pursuance of a guarantee given under this Act to such seed merchant in respect of goods supplied by him to the said person, and

( b ) the Minister is satisfied that, before making the sale or giving the guarantee (as the case may be) in relation to which such sum became payable to such council, such council took reasonable care in regard to the selection or approval of the said person, and

( c ) such sum is certified by the Minister to be irrecoverable by such council from the said person.

(2) The total amount paid under this section by the Minister for Finance 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.

7.—(1) The council of a county may borrow with the sanction of the Minister such moneys as may be necessary for the purpose of the provision under this Act of seeds and fertilisers or of seeds only or of fertilisers only and the sum so borrowed shall not be reckoned as part of the debt of such council for the purpose of any enactment limiting the borrowing powers of such council and shall be repaid in such manner and within such period as the Minister may fix.

(2) 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.

8.—The expenses incurred by the council of a county in the execution of this Act shall, in so far as they are neither recovered from the several persons liable under this Act to pay the same nor recouped by the Minister for Finance, be raised by such council by means of the poor rate as a county-at-large charge.

9.—Whenever 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 in respect of such undertaking and such guarantee (if any) or either of them.

10.—No person shall be disqualified for being elected, chosen, or being a member of the council of a county or of any committee of any such council or of any joint committee partly appointed by any such council 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 or by reason of his having received (whether as creditor or as principal debtor) a guarantee given under this Act by the council of a county or by reason of his having been a surety in respect of any undertaking given under this Act to the council of a county.

11.—All orders made, sanctions given, and things done by the Minister before the passing of this Act in relation to the provision and sale of goods under this Act by the councils of counties or in relation to the making and carrying out by the councils of counties of schemes authorised by this Act for the giving of guarantees by such councils shall be and be deemed always to have been legal and valid for all purposes.

12.—This Act may be cited as the Seeds and Fertilisers Supply Act, 1942 .

SCHEDULE