Agricultural Loans Act

Link to law: http://www.moj.gov.jm/laws/agricultural-loans-act
Published: 1887-05-21

AGRICULTURAL LOANS 1

cap 4.
Act

9 of 1970.
THE AGRICULTURAL LOANS ACT

[Zlst May, 1887.1

1. This Act may be cited as the Agricultural Loans Act. Shorttifle.

2. In this Act- Interprcia- tion.
“owner” means any person, other than a leaseholder or g(yo

tenant for life, for the time being receiving the rack-
rent of the lands or premises in connection with
which the word is used, whether on his own
account or as agent or trustee for any other person,
or who would so receive it if such lands or premises
were let at a rack-rent;

“tenant” means a lessee, tenant for life or any person
lawfully in possasion of land other than an owner.

3. Should any person, being in the possession of any land :;yrsw
charges on

as owner, incumbrancer, or tenant, desire, for the purpose mtd
of cultivating the said land, or for reaping the crops thereof,
or for the working of any agricultural industry thereon, or,
in the case of sugar estates, for the purchase of canes to be
manufactured into sugar or rum, or for all or any such
purposes, to procure advances from any other person,
company, or body corporate, whether in a single sum, or by
advances from time to time during the currency of the
security to be given for the same, it shall be lawful for such
person to pledge, by writing under his hand, or by deed in
the form, or to the effect in the First Schedule to the lender, Fnst
for the due payment of the advances and interest to be
agreed in such contract, and for the due performance of any
agreement or covenants in such contract contained, the
whole or any part of the crops growing or to grow on and
be produced from such land, or the produce to be manu-

schedule.

me inclusion of this page is authorized by L.N. 480119731

2 AGRICULTURAL LDANS

91 1970
s. 3.

First
Schedule.

factured on such land from the working of the agricultural
industry thereon, within a limited period, not exceeding
eighteen months, to be expressed in such contract; and such
contract, if duly stamped with an agreement stamp of twenty
cents, and recorded in the Record Office within thirty days of
the making thereof, shall form a preferential charge, in
respect of such advances and interest, on the crops and
produce, and on the products of the agricultural industry
so charged, so long as the same are growing on the said
land, or are being produced by the agricultural industry, and
for three months after the same are gathered in or produced,
if the same be under the control of the borrower.

And such charge shall be valid against all trustees in
bankruptcy, trustees under any deed or assignment for the
benefit of creditors, and against all bailiffs or other officers
(except Revenue Bailiffs appointed by Collectors of Taxes
for the purpose of making a distress for taxes and duties
under the Tax Collection Act) executing any civil process,
and execution creditors, and any mortgagee, or incum-
brancer, or subsequent purchaser of such land.

The form of deed in the First Schedule may be varied
or altered according to the terms of the agreement.

Loans for

ofplanting

9/1970

Second
schedule.

4 . 4 1 ) Where any advance is made under the provisions
of this Act to any person, being in the possession of any
land as owner or tenant, for the purpose of cultivating the
said land in any of the crops specified in the Second
Schedule, or of reaping any such crop grown upon the said
land, section 3 shall have effect as if for the words “within
a limited period, not exceeding eighteen months, to be
expressed in such contract” there were substituted the
words-

“in the case of an owner until such time as the full
amount of the advances and interest has been duly paid
to the lender and in the w.se of a tenant until such time
as the full amount of the advances and interest has

the purpose

sugar cam.

S. 4 (a).

me inclusion of this page is authorized by L.N. 480119731

AGRICULTURAL LOANS 3

been duly paid to the lender or the expiration of the
tenant’s interest in the land at the time the contract
was made whichever shall be the earlier”.

(2) The Minister may from time to time by order vary 9/1970 s. 4 (3).
SecOod
Schedule.

or amend the Second Schedule.

5. Breach of any agreement or covenant by the giver of p m b
lender on such security, his executors, administrators or assigns, shall brcach of
contra.3 U) entitle the lender to immediate possession of the crops and enteron

other products, or such portions as have been secured to ~ ~ ~ ~ & , ,
him, and if necessary, and so far as may be necessary, to
the possession of the lands, with all the machinery, live and
dead stock and other things, for the purpose of enabling
him to take off, reap and make, such crops and products :

Provided that the taking possession of such lands shall
not render the person liable to expend any money in respect
of any future crops or products not secured to him as
aforesaid.

6. After possession has been obtained of such crops and A plication
oi4)prod products, or either of them, or of any portion of them ofcrop.

respectively, or of such lands, by the Iast preceding section,
by the lender, his executors, administrators or assigns, the
money to be realized for such crops and products shall be
applied, first to pay the expenses (if any) of getting the
possession of such crops, products, or lands, and of
cultivating, reaping, manufacturing or otherwise producing,
such crops or products, and of the care and maintenance of
the lands and other things (if any) taken possession of as
aforesaid, and of the expenses incident to the sale of the said
crops and products, next to the payment of the said
advances and interest, and lastly any balance to be paid
over to the borrower.

me inclusion of this page is authorized by L.N. 480119731

4 AGRICULTURAL LOANS

This A C ~ to

toinall

thereunder,

7. All writings and deeds intended to be made under the
provisions of this Act shall state that they are made under
the provisions of this Act, otherwise the provisions of this
Act shall not apply to such writings and deeds.

be referred

writings

Fraudrby 8. Any person who obtains an advance under such a
contract by means of any false representation, any person

punishable. to whom an advance is made under such a contract for
particular purposes specified therein, who wilfully applies
the money so advanced to any other use or purpose than
the purposes so specified, and any person who having
obtained an advance under such a contract afterwards sells
or disposes of, or converts to his own use, or wilfully
destroys, any of the crops or products, the subject of the
charge created under such contract, without the consent
of the lender, shall be guilty of a misdemeanour, and being
convicted thereof in any Court of Record in this Island
shall be imprisoned with or without hard labour for a term
not exceeding one year :

Provided that no prosecution of any such offence shall
be begun or proceeded with after the secured advances and
interest shall have been satisfied.

the borrower
how

Rights of 9. Nothing in this Act shall be construed to affect the
Government rights of the Crown, or of the Government of this Island,

in respect to the recovery of moneys due from the owners,
reserved. mortgagees, tenants or occupiers, of any lands, chargeable

on and leviable out of the lands, or the products thereof.

Crown and

of the
Idad

me inclusion of this page is authorkd by L.N. 480/19731

AGRICULTURAL LOANS 5

(Section 3) Formof
charge.

FIRST SCHEDULE
JAMAICA S.S.

This Indenture, made under and subject to the provisions of the
Agricultural Loans Act, this
in the year of our Lord, 19 , between A B . ( m e and description
of borrower). of the one part and C.D. (name of company, association
or other lender), of the other part:

Whereas the said A.B. is in possession of all (recite thuf piece or
parcel of land situated in, elc.. and known as, etc.):

And whereas the said A.B. has applied to the said C.D. for a loan
of s for the purpose of (here state the purpose,
which must be connected with the cultivation of the land). and has
offered to secure the repayment of the said loan by pledging the
crops (or such part of them as may be agreed upon! to be grown and
produced upon the said land within the next calendar
months after the date hereof (here, if desired, the Mure of the crops
may be described) :

And whereas the said C.D. has agreed to make the said advance
on the express condition that the said money be applied to the purpose
for which the said A.B. has applied for the same. and on the security
of the crops and produce to be grown and produced upon the said
land within a period of calendar months from the
making hereof (or a definite portion of such crops), and on condition
that the said A.B. do either on the
19 , repay the said loan, with interest thereon as hereinafter
stated, or do on the said day deliver to the said C.D. in repayment
of such advance and interest (here describe the crops, etc., to be
delivered). in order that the said C.D. may realize the same, and
pay his said debt and interest, together with all expenses attending
the said sale, out of the proceeds thereof:
Now this Indenture witnesseth that the said C.D. doth this day

make the advance of S , and the said A S . receives
the same, for the purposes and on the conditions aforesaid, and the
said advance is to bar interest at the rate of Per
cent per m u m , from the date thereof until repayment of the same:
and the said A.B. hereby for himself. his heirs. etc., covenants with
the said C.D. that he has not done any act or thing. and knows of
no reason why he cannot give the security aforesaid on the said crops
aforesaid, and further that on the
he will either repay the said s u m of S with interest
thereon as aforesaid, or will peaceably give up to the said C.D. the
crops and produce on the security of which the said C.D. has made
the said advance, in order that the said C.D. may realize the Same
and apply the proceeds thereof as aforesaid.

day of

day of

day of

SECOND SCHEDULE (Section 4 (1) 9/1970
Sugar cane s 5.
Coffee
Cocoa
[The inclusion of tbis page is authorized by LN. 480/19731

M
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