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Power of county councils to give guarantees.
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4.—(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 February, 1939, and ending on the 31st day of July, 1939.
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(2) 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 February, 1940, and ending on the 31st day of July, 1940.
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(3) Whenever the council of a county has given to an approved seed merchant a guarantee in pursuance of a scheme authorised by either of the next preceding sub-sections 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:—
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(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;
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(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.
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(4) In this section the word “approved” means approved of by the council concerned.
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