Milk (Regulation of Supply and Price) (Amendment) Act, 1941

Supplemental certificates of indebtedness.

20.—(1) Where—

(a) the board for a joint district make in respect of any person under sub-section (3) of section 41 of the Principal Act, a certificate of indebtedness certifying the amount of the levy payable by such person under sub-section (1) of the said section 41 for a particular accounting period in respect of such board, and

(b) such board subsequently ascertain that the amount (in this sub-section referred to as the actual amount) of the levy payable by such person under the said sub-section (1) for such accounting period is greater than the amount (in this sub-section referred to as the certified amount) certified in such certificate of indebtedness,

such board may make, in respect of such person, a certificate (in this Act referred to as supplemental certificate of indebtedness) certifying that, in addition to the certified amount, there is due by such person for levy under the said sub-section (1), for such accounting period, a sum equal to the difference between the actual amount and the certified amount.

(2) Where—

(a) the board for a joint district make in respect of any person under sub-section (3) of section 41 of the Principal Act, a certificate of indebtedness certifying the amount of the levy payable by such person under sub-section (2) of the said section 41 for a particular accounting period in respect of such board, and

(b) such board subsequently ascertain that the amount (in this sub-section referred to as the actual amount) of the levy payable by such person under the said sub-section (2) for such accounting period is greater than the amount (in this sub-section referred to as the certified amount) certified in such certificate of indebtedness,

such board may make, in respect of such person a certificate (in this Act also referred to as supplemental certificate of indebtedness) certifying that, in addition to the certified amount, there is due by such person for levy under the said sub-section (2), for such accounting period, a sum equal to the difference between the actual amount and the certified amount.

(3) Every supplemental certificate of indebtedness shall be prima facie evidence of all matters purporting to be certified therein, and any document purporting to be a supplemental certificate of indebtedness issued under this section shall, on production in any proceedings to recover the amount thereby certified to be payable, be deemed, until the contrary is proved, to be a supplemental certificate of indebtedness duly issued under this section and shall be admitted in evidence accordingly.

(4) Whenever the board for a joint district makes a supplemental certificate of indebtedness, such board shall cause a copy of such certificate to be served on the person to whom such certificate relates, and thereupon the amount of the sum stated in such certificate to be due shall become and be payable by such person to such board and shall, after the expiration of seven days from such service, be recoverable by such board from such person as a simple contract debt in any court of competent jurisdiction.

(5) Service of a copy of a supplemental certificate made under this section may be made by delivering it to the person to whom it relates or by sending it by post in a letter addressed to such person at any place where he carries on business.