SEEDS AND FERTILISERS SUPPLY ACT, 1941

AN ACT TO EXTEND AND APPLY THE SEEDS AND FERTILISERS SUPPLY ACT, 1940, TO 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 BEGINNING ON THE 1st DAY OF JANUARY, 1941, AND ENDING ON THE 31st DAY OF JULY, 1941, AND TO THE GIVING BY COUNCILS OF COUNTIES OF GUARANTEES IN RESPECT OF SALES OF ANY SUCH GOODS BY SEED MERCHANTS DURING THE SAID PERIOD AND TO MAKE PROVISION FOR MATTERS INCIDENTAL TO OR CONNECTED WITH SUCH EXTENSION AND APPLICATION OF THE SAID ACT. [2nd April, 1941.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 The Principal Act.

1.—(1) In this Act the expression “the Principal Act” means the Seeds and Fertilisers Supply Act, 1940 (No. 6 of 1940).

• (2) This Act shall be construed as one with the Principal Act and accordingly every expression and every word to which a particular meaning is assigned by section 1 of the Principal Act for the purposes of that Act has, in this Act, the meaning so assigned to it.

2 Extension of the Principal Act to the year 1941.

2.—The several provisions of the Principal Act shall extend and apply to the provision by the council of a county on or after the 1st day of January, 1941, and before the 31st day of July, 1941, of 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 for the purpose of that extension and application the following provisions shall have effect, that is to say:—

• (a) references in the Principal Act to the passing of that Act shall be construed as referring to the passing of this present Act;

• (b) subject to the foregoing paragraph of this section, the expression “this Act” wherever it occurs in the Principal Act shall, unless the context otherwise requires, be construed as including this present Act.

3 Amendment of section 2 of the Principal Act.

3.—(1) Sub-section (1) of section 2 of the Principal Act is hereby amended by the insertion therein of the words and figures “or on or after the 1st day of January, 1941, and before the 31st day of July, 1941,” immediately after the words and figures “July, 1940,”.

• (2) The expression “this section” where it occurs in sub-section (5) of section 2 of the Principal Act shall be construed as including this present section and shall have effect accordingly.

• (3) Whenever the council of a county has, in the year 1941, provided and sold under the Principal Act as extended, applied, and amended by 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 the Principal Act as extended, applied, and amended by this Act, notwithstanding that no agreement for the payment of such sum was made at the time of such sale.

4 Amendment of section 3 of the Principal Act.

4.—(1) Section 3 of the Principal Act is hereby amended by the insertion therein of the words and figures “or, in the case of a sale in the year 1941, before the 1st day of January, 1942,” immediately after the words and figures “January, 1941,”.

• (2) The expression “this section” where it occurs in paragraph (b) of section 3 of the Principal Act shall be construed as including the said section 3 as amended by this section and shall have effect accordingly.

5 Guarantees by county councils.

5.—(1) It shall be and be deemed always to have been 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 beginning on the 1st day of January, 1941, and ending on the 31st day of July, 1941.

• (2) Sub-section (3) of section 4 of the Principal Act shall apply and have effect in relation to a guarantee given in pursuance of a scheme authorised by the foregoing sub-section of this section in like manner as it applies and has effect in relation to guarantees given in pursuance of a scheme authorised by the said section 4, but subject to the general modification effected by this Act of the expression “this Act”.

• (3) In this section the word “approved” means approved of by the council concerned.

6 Repayment of borrowed moneys.

6.—Every sum borrowed by the council of a county under section 5 of the Principal Act (as extended and applied by this Act) for the purpose of the provision under the Principal Act (as so extended and applied) of seeds and fertilisers or of seeds only or of fertilisers only in the year 1941 shall be repaid on or before the 31st day of March, 1943, with interest at the rate agreed upon.

7 Short title and collective citation.

7.—(1) This Act may be cited as the Seeds and Fertilisers Supply Act, 1941.

• (2) The Principal Act and this Act may be cited together as the Seeds and Fertilisers Supply Acts, 1940 and 1941.