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Recovery of price of certain seed wheat.
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21.—Where—
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(1) seed wheat was during the period of twelve months commencing on the 1st day of August. 1934, sold on credit by a person (in this section referred to as the merchant) to another person (in this section referred to as the farmer), and
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(2) the farmer on the occasion of such sale signed a document whereby he—
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(I) admitted that a specified sum (in this section referred to as the debt) was due by him to the merchant for such seed wheat, and
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(II) undertook to sow the said seed wheat during the said period, and
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(III) authorised the Minister to pay to the merchant the debt out of any wheat bounty payable to him in respect of the produce of such seed wheat, and
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(IV) agreed that if no wheat bounty became payable to him in respect of such produce that the debt should be payable by him to the merchant, and
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(3) the farmer sowed the said seed wheat in pursuance of the said undertaking, and the crop, the produce of such sowing, is millable wheat, and
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(4) the Minister has advanced to the merchant any moneys on account of the debt,
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the following provisions shall have effect—
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(a) the debt shall as on the date on which such crop is reaped, without any assignment. become and be vested in the Minister, and may be sued upon and recovered by the Minister in his corporate name and it shall not be necessary for the Minister to give notice to the farmer of the transfer effected by this section;
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(b) the Minister shall pay to the merchant a sum equal to the amount of the debt, less any moneys already advanced by him to the merchant on account thereof;
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(c) the Minister is hereby appointed agent of the farmer for the purposes of the sale of such crop, and is hereby authorised to receive on behalf of the farmer the purchase price of such crop;
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(d) the Minister may appoint any holder of a milling licence or registered wheat dealer to be his sub-agent for the purposes of the immediately preceding paragraph:
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(e) if the purchase price of such crop equals or is less than the amount of the debt the Minister shall retain the purchase price in payment or towards payment of the debt;
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(f) if the purchase price of such crop exceeds the amount of the debt, the Minister shall retain out of the purchase price the debt and pay the balance to the farmer;
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(g) if the farmer sells such crop otherwise than through the agency of the Minister as agent, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine equal to the amount of the debt;
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(h) any fine imposed for an offence under this section shall, notwithstanding anything contained in any enactment, be paid to the Minister and when so paid shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.
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