No. 30/1932:

SEEDS AND FERTILISERS SUPPLY ACT, 1932

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Validation of supply of seeds or fertilisers by county councils.

3 Agreements to be evidence.

4 Exemption from disqualification in certain cases.

5 Validation of certain orders, regulations, etc.

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

7 Validation of borrowing certain sums.

8 Short title.

AN ACT TO VALIDATE THE PROVISION OF BARLEY SEEDS, OAT SEEDS, AND SEED POTATOES, OR OF FERTILISERS OR BOTH SUCH SEEDS AND FERTILISERS BY COUNTY COUNCILS ON OR AFTER THE 9TH DAY OF MARCH, 1932 AND BEFORE THE DATE OF THE PASSING OF THIS ACT AND TO MAKE PROVISION FOR THE PAYMENT AND RECOVERY OF MONIES IN RELATION TO SUCH SEEDS AND FERTILISERS, AND FOR OTHER PURPOSES CONNECTED WITH THE MATTERS AFORESAID.

[16th December, 1932.]

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

1.—In this Act—

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

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

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

2.—(1) Where the council of a county have or shall have on or after the 9th day of March, 1932, and before the date of the passing of this Act provided a supply of seeds or of fertilisers or of both seeds and fertilisers for distribution in such county or in SUCH particular portion thereof, it shall be lawful for such council to sell any of such seeds or fertilisers to any occupier or cultivator of land in such county or such particular portion thereof (as the case may be) and any sale made by such council before the passing of this Act of such seeds or fertilisers to any such occupier or cultivator shall be deemed to have been made under this Act and to be and always to have been legal and valid.

(2) Whenever the council of a county sells or has sold under this Act any seeds or fertilisers or both seeds and fertilisers, any sum owing to such council in respect of any such sale shall carry and shall be deemed always to have carried interest at such rate per cent per annum as may be fixed (whether before or after the passing of this Act) in that behalf by such council, notwithstanding that no agreement to pay interest was made at the time of such sale.

(3) Whenever the council of a county sells or has sold under this Act any seeds or fertilisers or both seeds and fertilisers, such council may ascertain the amount of the costs and expenses (other than the price paid by such council for such seeds or fertilisers or both seeds and fertilisers) incurred by such council in respect of all such sales and may apportion such amount amongst the persons to whom any such seeds or fertilisers or seeds and fertilisers were so sold, and thereupon the sum so apportioned 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 such sale 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.

(4) Any sum to the council of a county in respect of any sale (including the interest and proportion of costs and expenses payable by virtue of this section) of any such seeds or fertilisers as aforesaid 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 the sale or by teo 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.—Whenever any occupier or cultivator of land in a county has obtained any seeds or fertilisers from the council of such county and has, prior to or as a condition of obtaining such seeds or fertilisers (as the case may be), signed or otherwise executed or become liable on any undertaking to pay to the council of such county the price of the seeds or fertilisers so obtained, such undertaking may be tendered and shall be received in evidence on proof of due execution thereof in proceedings in any court to recover such price notwithstanding that the provisions of the Stamp Act, 1891, as amended or adapted by subsequent enactments, have not been complied with.

4.—No person shall be or be deemed to have been disqualified for being elected, chosen, or being a member of the council of a county or district, or of a board of town commissioners by reason of his having entered into or his hereafter entering into a contract for the purchase from the council of a county of any seeds or fertilisers sold by such council under this Act.

5.—All orders and regulations made, sanctions given, and things done by the Minister in relation to the provision by the council of a county on or after the 9 the day of March, 1932, and before the date of the passing of this Act, of seeds or fertilisers or both seeds and fertilisers or the sale and distribution of such be and be deemed always to have been legal and valid for all purposes.

6.—In addition and without prejudice to any other method of recovery any sum which is declared by this Act to be payable to the council of a county and which is not otherwise paid to or recovered by such council before the 1st day of January, 1933, may—

( a ) if the person by whom the same is payable is rated to the poor rate in that 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 as aforesaid, and

( b ) if the person whom the same is payable is not rated to the poor rate in that county, be recovered by means of a special rate to be made by such council for the purpose 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 that council.

7.—(1) This section applies to all sums which have been or shall be borrowed with the approval of the Minister by the council of a county on or after the 9th day of March, 1932 and before the date of passing of this Act, for the purpose of providing seeds or fertilisers or both seeds and fertilisers for distribution in such county or in any particular portion thereof.

(2) Every sum to which this section applies shall be deemed to have been legally borrowed by the council by which the same was borrowed, and shall be repaid by such council on or before the 31st day of March, 1934 with interest at the rate agreed upon.

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

8.—This Act may be cited as the Seeds and Fertilisers Supply Act, 1932 .