Cotton Traffic Ordinance (Cap. 267)

. 2483(CAP. 267Cotton Traffic. CHAPTER 267. 12/1922. 3/1924. 1/1930. COTTON TRAFFIC. (28th July, 1922.) Short title.1. This Ordinance may be cited as the Cotton Traffic Ordinance. Interpretation. Ord. 3/1924. 2. In this Ordinance "cotton" shall include both seed cotton and lint cotton ; "Inspector" means any officer or non-commissioned officer of the Police Force or any other person appointed under this Ordinance as an Inspector ; "licensed seller" means a person for the time being licensed under the provisions of this Ordinance to sell cotton in the Colony; "licensed purchaser" means a person for the time being licensed under the provisions of this Ordinance to purchase cotton in the Colony; "sell", "seHs", "selling", include, where the context so admits, an offer for sale. Appointme~t ot Inspectors. 3. (1) The Administrator may appoint in addition to or in substitution for any officer or non-co~oned officer of the Police Force, any other fit and proper person or persons to be Inspector or Inspectors for the purposes of this Ordinance. (2) An Inspector shall receive such salary as the Adminis 0 0- -0- .~, Application for registration as a cotton grower. Ord. 1/1930. Any owner or occupier or person having the manage c lands, who plants the same with cotton, shall within days after the last day of the planting season, attend at the office of the nearest Inspector and make .in the Form H in the Schedule, to be registered as a of cotton. Any person failing to comply with the provi this section shill be guilty of an offence. 4. ,~ CAP. 267)2484 Cotton Traffic. Certificate of Registration. Ord. 1/1930. 5. An Inspector to whom an application under section 4 has been made, shall, on being satisfied as to the accuracy of the infomlation furnished in such application, issue a Certificate of Registration in Form I, in the Schedule, and shall notify the chief police officer in the Colony who shall keep a register of the names of all persons to whom certificates have been issued. No person to sell cotton unless licensed 6. (1) Any person who sells any cotton in the Colony without being licensed under the provisions of this Ordinance so to do shall be guilty of an offence. (2) The preceding sub-section shall not apply in the case of a person who : (a) sells as the agent of a licensed seller; and (b) infonns the purchaser or person acting on his behalf that he is selling as agent for such licensed sel1er ; and (c) produces to the purchaser or the person so acting a current licence and Vendor's Record of such licensed seller. Procedure to be followed to obtain Seller's Licence. 7. Any person who is desirous of obtaining a licence to sell cotton sha1l (a) fill in and sign an application for such a licence in accordance with Fonn A in the Schedule, (b) request an Inspector to countersign the fonn of application, and (c) in the event of an Inspector countersigning such fonn lodge the application with the Treasurer . Power of Treasurer to grant or refuse Seller's Licence. 8. On such application being lodged with the Treasurer duly filled in with all the requisite particulars and signed by the applicant and countersigned by an Inspector at the places therein provided the Treasurer shall within one week from the date upon which the application is lodged with him grant or refuse to grant the licence applied for and in the event of his deciding to refuse the same he shall declare such refusal by writing the word "refused" on the face of the said application and appending his signature and the date of such refusal and thereupon the applicant shall forthwith be made acquainted with such refusal. ~c;:~ . 2485(CAP. 267 Cotton Traffic Grant of Seller's Licence. 9. (1) Should the Treasurer decide to grant to the applicant a licence to sell cotton he shall do so by giving the applicant a licence in accordance with Form B in the Schedule. (2) The licence shall contain in the spaces therein provided the same particulars as are contained in the application for the licence. I Licences to be numbered. 10. A11licences to sell cotton shall be numbered consecu tively and the Treasurer shall keep a record of the same and shall from time to time supply copies to the chief police officer in the Colony and to an Inspector . Vendor's Record. 11. Every person who has obtained a licence to sell cotton shal(l keep a Book (in this Ordinance refeITed to as the Vendor's Record) the pages of which shall be in accordance with Fonn C in the Schedule. No person to purchase cotton unless licensed. Procedure to be followed to obtain purchaser's Licence. ~ Power 0£ Treasurer to grant or re£use purchaser's Licence. ~~ ~~-~~;-..~ CAP. 267)2486 Cotton Traffic. Grant of Purchaser's Licence. 15. (1) Should the Treasurer decide to grant to the applicant a licence to purchase cotton, he shall do so by giving to the applicant a licence in accordance with FonI1 lE in the Schedule., (2) All licences to purchase cotton shall be numbered con secutively and the Treasurer shall keep a record of the same and shall from time to time supply copies to the chief police officer in the Colony and to an Inspector. Appeal to Administrator in Council. 16. The Treasurer shall not be bound to give his reasons for any refusal to grant a licence under this Ordinance but the applicant for the licence may appeal from such refusal to the Administrator in Council whose decision shall be final. Duration of licence. 17. Every licence granted under this Ordinance shall not continue in force for a longer period than twelve months and shall expire on the thirty-first day of March in each year. Purchaser's Record. 18. Every licensed purchaser shall keep a book (in this Ordinance referred to as the Purchaser's Record) the pages of which shall be in accordance with Form F in the Schedule. Entries in Records. 19. In the case of each and every sale of cotton in the Colony, the licensed purchaser or the person acting on his behalf shall at the time of such sale enter in clear and legible hand writing in the Vendor's Record and in the Purchaser's Record all the particulars therein indicated as being required and shan thereupon read the entries which he has made therein to the seller or to his agent, and shall then sign his name to each of the entries made in the said books. Production of certificate of registration to ginner. Ord. 1/193Q 20. Where any cotton is presented at any ginnery to be ginned or is offered to any person for sale, the owner or bearer of any cotton so presented or offered for sale, shall produce to the owner or occupier or person in charge of the ginnery or to the purchaser or agent for the purchaser as the case requires, the certificate of registration relating to the land on which the cotton was grown and the owner, occupier or person in charge of the ginnery, or the purchaser or agent for the purchaser as the case requires shall enter upon the back of the certificate the quantity of cotton so presented or purchased, and shall keep a record of all the particulars contained in such certificate as is required by this Ordinance. ..c~ (CAP. 267 2487Cotton Traffic Ginner's Record. Ord. 1/1930 21. (1) The owner or occupier of any ginnery shal!l keep a book (in this Ordinance referred to as the Ginner's Record) in which an entry shall be made by the owner or occupier or any person duly authorised in that behalf of all cotton received at such ginnery to be ginned or ginned and shipped for sale. (2) Every such entry shall show in clear and legible hand writing: (a) the date such cotton was received, (b) the name of the owner of such cotton, (c) if the bearer is not the owner the name of the bearer and his address, ( d) the name and description of the lands on which such cotton was grown and particulars of the certificate of registration in respect of such land, (e) whether to be ginned, or ginned and shipped on behalf of the owner . (3) Mter such entry has been made the same shall be read to the owner or bearer of the cotton and shall be signed by the owner or occupier of the ginnery, or by any person acting on his beh~, and the owner or bearer of such cotton shall also sign such entry, or make his mark thereto. The pages of such book shall be according to the Form G in the Schedule. 22. If the owner or occupier of any ginnery shall be the holder of a Purchaser's Licence he shall in addition to the Ginner's Record provided for in the preceding section keep a Purchaser's Record as provided. for in this Ordinance. Ginner to keep Purchaser's Record if holder of a Purchaser's Licence. ~ Inspection of Records. 23. The Vendor's Record, the Purchaser's Record and the Ginner's Record shall at all reasonable hours on every day of the week be produced for the inspection of an Inspector or of any other person on the written requisition of an Inspector and any such Inspector or other person so inspecting any of the said records shall be at liberty to make a copy of any entry or entries aI1d take away with him such copy of any entry or entries in the ~ I I24. It shall be the duty of every holder of any licence.~ the provisions of this Ordinance and of the owner and of any ginnery at ali times to give any Inspector or authorized in writing by an Inspector all infomlation in : concerning any sale or purchase of any cotton or any Licensees and Ginners to give information and assistance in detecting breaches of the law. ;~~,"~ 2488 CAP. 267) Cotton Traffic. transaction connected with any assistance in his power in dete provisions of this Ordinance or or trading in cotton. Cotton may be removed under certain conditions. 25. No cotton shall be moved from anyone place to another between the hours of sunset and sunrise without a pennit which shall be issued by the owner or other person on whose behalf the cotton is to be moved. Such pennit shan be signed by the owner or other person and shall contain the following particulars : (a) from where removed and destination {b) the quantity (c) whether lint or seed cotton (d) nameofowner (e) date of removal : Provided always that nothing in this section shall be construed to apply to cotton in the course of removal from the field where such cotton shall be gathered to the storeroom of the owner of such cotton. Offences. 26. Any person who: (a) sells cotton to a person other than a licensed pur chaser under this Ordinance, or (b) purchases cotton from a person other than a licensed seller under this Ordinance, or (c) wilfully makes any false statement or misrepresen tation with the intent to procure any licence under this Ordinance to be granted or issued to any person, or ( d) being the holder of a licence under this Ordinance or being the owner or occupier of any ginnery refuses, neglects or fails to permit the inspection of any of his records when lawfully required so to do, or to allow any copy thereof to be taken in accordance with the provisions of this Ordinance, or ( e) being the holder of a licence under this Ordinance or being the owner or occupier of any .ginnery wilfully makes or gives any false statement to any person concerning any sale or purchase of any cotton or any dealing in cotton or in relation to any matter or thing incidental to any such sale or purchase or intended sale or purchase, or cotton, and to afford him every cting any breach of any of the any larceny of or illicit dealing (CAP. 267 2489Cotton Traffic (I) wilfully makes any false statement to the owner or occupier of any ginnery concerning any cotton taken to such ginnery, or (g) in any manner whatsoever fails to comply with any of the provisions of this Ordinance, shall be guilty of an offence. Penalty27 .Any person guilty of an offence under thjg Ordi nance shall on summary conviction be liable to a fine not exceeding two hundred and forty do1!lars. Licence forfeited on second conviction. 28. A licensed purchaser who is convicted of a second offence under this Ordinance shall forfeit his licence. Ordinance not to affect certain proceedings. 29. Nothing in this Ordinance contained shall prejudice or in any wise affect any civil or criminal proceedings which but for the passing of this Ordinance might be taken or instituted against any person: Provided always that no person shall be liable to be punished twice for the same offence. Exemptions of certain sales. 30. This Ordinance shall not apply to any sale pursuant to legal process or by public auction. 31. (1) Cotton shall not be imported into the Colony except by the permission in writing of the Administrator in Council first had and obtained. Cotton not to be imported except by permission. (2) The grant 0£ any such permission shall be in the a~olute discretion 0£ the Administrator in Council. (3) The Administrator in Council may in his absolute dis cretion attach to the grant of such pennission any conditions that he may think fit : (4) The Administrator in Council may in his absolute dis Cretion at any time cancel such pennission and no court of law have any jurisdiction to question the exercise of any such J on any grounds whatever . ,,~~"' 2490 CAP. 267) Cotton Traffic. Ord. 1/1930 SCHEDULE. s. 7. The Cotton Traffic Ordinance. FORM A. No. APPLICATION FOR LICENCE TO SELL. To the Treasurer. I hereby apply for a licence to sell cotton planted on (1) land situate at (2) which land has been duly registered as required by section 5 of the Cotton Traffic Ordinance. Dated this day of 19 Applicant. (I) Here insert area of land planted in cotton. (2) Here insert situation of land. Countersigned. The Cotton Traffic Ordinance. FORM B. S. 9(1) No. of 19 Licence is granted to ...0£ to sell the cotton £rom above-mentioned land. Dated this day 0£ 19 Treasurer . ~ (CAP. 267Cotton Traffic. 2491 The Cotton Traffic Ordinance. FORM a. THE VENDOR'S REcoRD. S. 11. 8.13. The Cotton Traffic Ordinance. FORM D. APPLICATION FOR LICENCE TO PuRCHASE. To the Treasurer. I hereby apply for licence to purchase cotton at my premises situate in in the Colony in accordance with the provisions of the above mentioned Ordinance. Dated this dayof 19 . (Name) (Address). The Cotton Traffic Ordinance. FORM E. S. 15. LICENCE TO PURCHASE. Licence is hereby granted to of to purchase cotton at his (or her) premises situate in in the Colony in accordance with the provisions of the above mentioned Ordinance. Dated this day of 19 . Fee Paid Treasurer. $48. u'"... i 2493(CAP. 267Cotton Traffic. The Cotton Traffic Ordinance. FORM H. Ord. 1/1930S.4. Application for registration as a grower of cotton. I hereby apply to be registered as a grower of cotton planted on (1) of land situate at (2) Dated this day of 19 . Signed (I) Here insert area of land actually planted in cotton (2) Here insert situation of land : The Cotton Traffic Ordinance. FORM I. S.5. Ord. 1/1930. Certificate of Registration as a grower of cotton. ofTo You are hereby registered as a grower of (1) of cotton planted on land situate at (2) Dated this day of 19 Signed, Inspector. (1) Here insert acreage actually planted in cotton (2) Here insert situation of land :