Cotton Protection Act

Link to law: http://laws.gov.ag/acts/chapters/cap-111.pdf
Published: 1922

Cotton Protection (CAP. 111 1

CHAPTER 111

T H E C O T T O N PROTECTION ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3 . Power of Governor-General to prescribe close season.
4. Cotton plants to be burned before first day of close

season.
5. Disposal of cotton plants by burning.
6. Planting of cotton prohibited during close season.
7. Notice to be given by occupier.
8. Exemption from provisions of sections 4, 6 and 7.
9. Cotton to be stored in accordance with this Act.

10. Appointment of inspectors.
1 1 . Inspector may visit any land.
12. Inspector may burn old cotton.
13. Searches authorized.
14. Protection of person acting under Act.
15. Obstruction of person acting under Act.
16. Power to make regulations.
17. Compensation to occupiers and owners.
18. Proof of ownership.
19. Penalty.
20. Suspension of Act.

SCHEDULE.

LAWS OF ANTIGUA AND BARBUDA

Cotton Protection (CAP. 111 3

COTTON PROTECTION

(29th March, 1922.)

1. This Act may be cited as the Cotton Protection Act. short title.

2. In this Act- Interpretation.

"close season" means the period in each year declared
to be a close season either for Antigua and Barbuda
or any area thereof under the provisions of
section 3;

"cotton district" where a close season has been pre-
scribed for Antigua and Barbuda under section 3,
means Antigua and Barbuda, and where a close
season has been so prescribed for any area of
Antigua and Barbuda, means such area;

< ' cotton stainer" means the pest known as the cotton
stainer in whatever stage of development it may be;

< '. inspector" means any gazetted officer, or subordinate
police offlcer, of the Police Force or any other
person appointed under this Act as an inspector;

"old cotton" means any cotton plants and all or any
portion of the same growing or remaining on any
land on the first day of the close season or any cotton
plants growing from seed planted during the close
season;

" occupier" used in reference to land in the absence from
Antigua and Barbuda of the occupier, means the
manager or other person in charge of the land:

Provided that where land is let out on half
share or any other share system the person who
would, but for such letting, be the occupier of the

LAWS OF ANTIGUA AND BARBUDA

CAP. 111) Cotton Protection

land within the meaning of the foregoing part of
this definition, shall be deemed to be the occupier;

"pink boll worm" means the pest known as the pink
boll worm in whatever stage of development it may
be;

"tree", "shrub" and "herb" respectively include the
fruit or other product of any tree, shrub or herb,
inclusive of the cotton plant and the roots, trunks,
stems, branches, fruits, leaves or other parts thereof
or any part severed from any tree, shrub or herb
including empty pods or husks.

Power of 3. (1 ) The Governor-General may by proclamation
Governor-General
to prescribe published in the Gazette declare any period of each year to
season. be a close season within the meaning of this Act either for

Antigua and Barbuda or for such area or areas thereof as
may be specified in such proclamation, and the Governor-
General may by such proclamation prescribe different close
seasons for different areas.

(2) Any proclamation issued by the Governor-General
and published in the Gazette under this section may be
revoked, amended or varied by a proclamation similarly
issued and published.

(3) Where the Governor-General by proclamation
declares any period of any year to be a close season he may
by the same or any other proclamation declare that such
close season shall extend to such other plants as may be
specified in such proclamation and thereupon that close
season shall extend accordingly and the provisions of this
Act shall, so far as they are applicable, apply to such other
plants in like manner as they apply to cotton plants.

Cotton plants to 4. (1) The occupier of any land shall completely burn
be burned before
first day of close all cotton plants and all or any portion of the same growing
season. or remaining on any such land occupied by him, before the

first day of the close season.

(2) Any person who fails to comply with the provisions
of this section shall be guilty of an offence.

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Cotton Protection (CAP. 111 5

5. Any occupier who shall at any time dispose of any Disposal of
cotton plants by cotton plants, or any part thereof other than seed cotton, burning.

whether the same be growing or remaining on any land oc-
cupied by him, by any means other than burning shall be
guilty of an offence.

6. Any person who sows or plants, or causes to be Planting of
cotton prohibited sown or planted, any cotton on any land in a cotton district during close

during the close season shall be guilty of an offence. season.

7. (1) Any person who intends to plant cotton upon Notice to be
given by any land of which he is the occupier, shall, on or before the occupier.

last day of the close season proclaimed in respect of the area
in which the land upon which he intends to plant cotton is
situate, and for the year in which he intends to plant cotton,
give notice to the officer in charge of the police station of
the district wherein the land in respect of which the notice
is given is situate, of the land on which he intends to plant
cotton, in t h ~ form set out in the Schedule. Schedule.

(2) The occupier of any land who-

(a) plants any cotton upon any land occupied by
him, without having given the notice required by subsec-
tion (I), or

(b) has any cotton growing or remaining upon any
land occupied by him other than land in respect of which
he shall have given notice as required by subsection (I),

shall be guilty of an offence:

Provided that nothing in this section shall be deemed
to affect the provisions of section 4.

8. The provisions of sections 4, 6 and 7 shall not apply E;$zpm
to experiments in cotton conducted by or under the super- 4, 6
vision of the Agricultural Department. and 7.

9. Any person who stores or keeps any cotton seed, Cotton to be
stored in

seed cotton, cotton lint, or any cotton plant or any portion ,ith
of the same save in the manner provided by this Act or by this Act.
any regulations made thereunder, shall be guilty of an
offence.

10. (1) The Governor-General may appoint, in &H$A~;~
addition to, or in substitution for, any gazetted officer, or

LAWS OF ANTIGUA AND BARBUDA

6 CAP. 111) Cotton Protection

subordinate police officer, of the Police Force, any other fit
and proper person or persons to be inspector or inspectors
for the purposes of this Act.

(2) An inspector shall receive such salary as the
Governor-General may determine.

Inspector may
visit any land.

1 . Any inspector may without notice and with or
without assistance at all reasonable times enter upon any
land for the purpose of-

(a) ascertaining whether any cotton plants or any
portion of the same are growing or remaining on any
such land, in contravention of the provisions of this Act;
or

( 6 ) ascertaining whether the cotton stainer or pink
boll worm or other insect pest of cotton is present on
any tree, shrub or herb, or any soil or manure; or

(c) searching for any tree, shrub or herb upon
which the cotton stainer or pink boll worm or other insect
pest of cotton is accustomed to feed.

Inspector may
burn old cotton.

12. Any inspector may without notice and with or
without assistants burn any old cotton growing or remain-
ing on any such land andthe estimated value-of the work
done by any such inspector and any of his assistants and
any expenditure incurred in doing such work shall be a civil
debt recoverable summarily from the occupier of the land.

Searches
authorized.

13. Whenever it is made to appear on oath that there
is reasonable cause to suspect that any person is in posses-
sion of any cotton seed, seed cotton, cotton lint, cotton plants,
or any portion of the same in any building or other place
contrary to the provisions of this Act, or of any regulation
made thereunder, it shall be lawful for any Magistrate by
warrant under his hand to authorize any member of the Police
Force or any Local Constable to enter (and if necessary by
force) and search any place and if any cotton seed, seed
cotton, cotton lint, cotton plants or any portion of the same
is found in any place so searched to seize and secure the
same for the purpose of being dealt with under the provisions
of this Act or of any regulation made thereunder.

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Cotton Protection (CAP. 111 7

14. Any inspector or other person authorized under ~ ~ ; ~ ~ $ i ; ~
the provisions of this Act shall not be deemed to be a ~ , t .
trespasser by reason of any entry or destruction or action
taken or thing done under this Act or by virtue of any regula-
tion made thereunder or be liable for any damage occasioned
by carrying out any of the provisions of this Act or of any
regulation made thereunder unless the same was occasioned
maliciously and without reasonable cause.

15. Any person who shall in any manner obstruct Obstruction of
person acting or impede any person in the execution of any of the powers A,,.

conferred by this Act or by any regulation made thereunder
shall be guilty of an offence.

16. (1) The Governor-General may make regulations j:';t:;nyke
relating to all or any of the following matters-

(a) control of cotton ginneries (with respect to the
eradication and prevention of insect pests and diseases);

(6) fumigation and disinfection of seed for planting;

(c) transport of seed for planting, cotton seed, seed
cotton, cotton lint and of all bags and packages which
have been used therewith;

(d) disposal of cotton seed, seed cotton, cotton lint,
cotton plants, or any portion of the same seized for the
contravention of this Act or any regulation made
thereunder;

(e) storage of cotton seed, seed cotton or cotton lint
and all bags and packages which have been used
therewith;

(j) eradication of and prevention of the spread of
the cotton stainer and pink boll worm and of other insect
pests and diseases including the destruction of any trees,
shrubs or herbs upon which the cotton stainer or pink
boll worm or other insect pests of cotton are accustomed
to feed.

(2) All regulations made under this section after publica-
tion in the Gazette shall be of the same force and effect as
if contained in this Act.

LAWS OF ANTIGUA AND BARBUDA

8 CAP. 111) Cotton Protection

Compensation to
occupiers and

17. It shall be lawful for the Governor-General out
owners. of moneys voted for that purpose by Parliament to make -

grants by way of compensation to occupiers and to owners
(according to their respective interests) in respect of any plants
or trees destroyed by virtue of this Act or of any regulation
made thereunder in cases where in the opinion of the
Governor-General substantial damage has been occasioned
by such destruction.

Proof of
ownership.

Penalty.

18. In every case where any question arises in any
proceedings before a Magistrate or in any Court of Law
whether a person be the occupier of any land, the onus of
proving that such person is not the occupier of such land,
shall be upon the defendant.

19. Any person who is guilty of an offence against
this Act or who contravenes any regulation made thereunder
shall be liable on summary conviction to a penalty not
exceeding five hundred dollars.

Suspension of
Act.

20. The Governor-General may, by proclamation to
be published in the Gazette, suspend the operation of this Act
or of any of the provisions of any section or sections thereof
for such period as such proclamation may prescribe.

LAWS OF ANTIGUA AND BARBUDA

Cotton Protection (CAP. 111

SCHEDULE S.7.

NOTICE O F INTENTION T O PLANT COTTON

To the officer in charge of the .. .............. ..... police station.

I hereby give you notice that I intend during the year 19 ,
to plant cotton upon the undermentioned lands of which I am
the occupier.

Date

Signature . . . . . . . . . . . . . . . . . . . . . . .

Description of land Acreage of land to be planted in cotton
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