Cotton Traffic Act

Link to law: http://laws.gov.ag/acts/chapters/cap-113.pdf
Published: 1941

Cotton Traffic (CAP. 113 1

CHAPTER 113

THE COTTON TRAFFIC ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Appointment of Chief Cotton Protection Officer, etc.
4. Grower of cotton to be registered.
5 . Issue of certificate of registration.
6. Inspection of land and power of entry.
7. No cotton to be sold without licence.
8. Application for licence to sell cotton.
9. Issue of licence and vendor's record book.

10. Purchase of cotton without licence prohibited.
11. Application and issue of purchaser's licence.
12. Purchaser's record book.
13. Duration of licence, &c.
14. Production of vendor's record, &c.
15. Production of certification of registration at ginnery, &c.
16. Books open to inspection.
17. Obligation to give information and assistance for detec-

ting breaches of the law.
18. Removal of cotton.
19. Sale of cotton in excess of quantity ~roduced.
20. Power to make regulations.
2 1 . Offences.
22. Penalty.
23. Forfeiture of licence.
24. Act not to affect certain proceedings.

SCHEDULE A.
SCHEDULE B.
SCHEDULE C.
SCHEDULE D.
SCHEDULE E.
SCHEDULE F.
SCHEDULE G.

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 113) Cotton Traffic

SCHEDULE H.
SCHEDULE I.
SCHEDULE J.
SCHEDULE K.

LAWS OF ANTIGUA AND BARBUDA

Cotton Traffic (CAP. 113 3

COTTON TRAFFIC

(2nd August, 1 94 1 .)

1. This Act may be cited as the Cotton Traffic Act. Short title.

2. In this Act- Interpretation.

"Accountant-General" means the officer for the time
being performing the duties of Accountant-General
and includes any Treasury Officer authorized by
the Accountant-General to act on his behalf.

"Agricultural Officer" means the Superintendent of
Agriculture of Antigua and Barbuda;

' < cotton" includes seed cotton and lint cotton;

"cotton planting season" means the period not includ-
ed in the close seasons declared by proclamation
issued under the Cotton Protection Act, and the E;: ::::
Cotton Planting (Regulation) Act;

"Chief Cotton Protection Officer" means any person
appointed as such under the provisions of this Act;

"Cotton Protection Officer" means any person ap-
pointed as such under the provisions of this Act;

"licensed purchaser" means a person for the time be-
ing licensed under the provisions of this Act to pur-
chase cotton in Antigua and Barbuda;

"licensed seller" means a person for the time being
licensed under the provisions of this Act to sell cot-
ton in Antigua and Barbuda.

3. The Public Service Commission may for the pur- $php,"figz: of
poses of this Act appoint a fit and proper person to be Chief protection
Cotton Protection Officer and also such other persons as may Officer, &c.
be necessary as Cotton Protection Officers.

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 113) Cotton Traffic

Grower of cotton
to be registered.

4. (1) Every owner or occupier or person having the
management of any lands, who plants the same with cotton
shall within seven days after the last day of the cotton plant-
ing season, attend personally at the office of the nearest
Cotton Protection Officer and make application in the form

schedule A. contained in Schedule A, to be registered as a grower of
cotton.

(2) In any case where the occupier of any lands is not
the owner thereof the particulars contained in the applica-
tion for registration shall be verified either by the owner or
his representative or some responsible person known to the
Cotton Protection Officer.

Issue of
certificate of

5 . A Cotton Protection Officer to whom application
registration. under section 4 has been made shall, on being satisfied as - -

to the accuracy of the information contained in such applica-
tion issue a certificate of registration in the form contained

schedule B. in Schedule B, and shall notify the Chief Cotton Protection
Officer who shall keep a register of the names of all persons
to whom ce'rtificates of registration have been issued.

Inspection of
land and power

6 . The Agricultural Officer shall within three months
of entry. after the last day of the cotton planting season cause the lands

of all persons who have been registered as cotton growers
to be inspected and the information furnished in their
applications for registration under section 4 to be verified
by the Cotton Protection Officers; and it shall be lawful for
the Cotton Protection Officers at all reasonable times to enter
upon and examine such lands and to pass over any other
lands for the purpose of obtaining access thereto.

No cotton to be
sold without

7. (1) No person shall sell any cotton in Antigua and
licence. Barbuda without having first obtained a licence to do so in

accordance with the provisions of this Act.

(2) The preceding sub-section shall not apply in the case
of-

(a) a licensed purchaser, or

(b) a person who-

LAWS OF ANTIGUA AND BARBUDA

Cotton Traffic (CAP. 113 5

(i) sells as the agent of a licensed seller cotton pro-
duced from the area in respect of which the
licence was issued, and

(ii) informs the purchaser or the person acting on
his behalf that he is selling as agent for such
licensed seller, and

(iii) produces to the purchaser or the person acting
on his behalf the current licence and vendor's
record book of such licensed seller.

8. Any person who is desirous of obtaining a licence Application for
licence to sell

to sell cotton shall fill in and sign an application for such cotton^
licence in the form contained in Schedule C. Every such ap- Schedule C.
plication shall be submitted to the Cotton Protection Officer
for the district in which the applicant resides and the Cotton
Protection Officer shall, after verifying the particulars therein
stated, countersign and return the same to the applicant who
shall lodge the same with the Agricultural Officer.

9. Upon the receipt of an application for a licence Issue of licence
and vendor's

to sell cotton duly countersigned by a Cotton Protection ,cord book.
Officer the ~ ~ r i c u i t u r a l officer shall; upon payment by the
applicant of the sum of twelve cents, issue a licence in the
tbrm contained in Schedule D together with a vendor's record Schedule D.
book the pages of which shall be in the form contained in
Schedule E. Schedule E.

10. (1) No person shall purchase any cotton in Purchase of
cotton without

Antigua and Barbuda without having first obtained a licence licence
so to do under the provisions of this Act; nor shall any per- prohibited.
son having obtained such a licence purchase cotton other-
wise than at the premises to which such licence applies.

(2) The preceding sub-section shall not apply in the case
of a person who purchases cotton on behalf of a licensed
purchaser at the premises to which such purchaser's licence
applies.

1 . (1) Any person who is desirous of obtaining a t:,pP;tion and
licence to purchase cotton shall fill in and sign an applica- purchaserls
tion for such licence in the form contained in Schedule F licence.

Schedule F.
to be obtained from the Treasury.

LAWS OF ANTIGUA AND BARBUDA

6 CAP. 113) Cotton Traffic

(2) The Accountant-General shall have absolute discre-
tion to grant or refuse a licence under this section. Any per-
son aggrieved by a refusal may appeal to the Cabinet whose
decision shall be final.

(3) On approving any application the Accountant-
General shall so inform the applicant and shall on payment
by him of the sum of forty-eight dollars issue a licence in

G . the form contained in Schedule G.

Purchaser's
record book.

12. Every licensed purchaser shall keep a purchaser's
record book the pages of which shall be in the form contained

Schedule H. in Schedule H.

Duration of
licence, etc.

13. Every licence granted under this Act shall expire
on the 31st day of July in each year and upon the expiration
thereof every licensed seller and every licensed purchaser shall
cause his expired licence, together with all books and records
whatsoever required to be kept by him to be delivered to
the Agricultural Officer.

Production of
vendor's record,

14. (1) Where any cotton is offered for sale the owner
etc. thereof or his agent shall produce to the purchaser or his

agent at the premises in respect of which the purchaser's
licence has been issued the vendor's record book.

(2) The licensed purchaser or his agent shall at the time
of any purchase of cotton enter in the vendor's record book
and in the purchaser's record book all the particulars therein
indicated as being required, and shall then sign his name
to each of the entries made in such books.

Production of
certificate of

15. (1) When any cotton is brought to any ginnery
registration at to be ginned the owner or bearer of such cotton shall pro-
ginner^, etc. duce to the owner or occupier or person in charge of the

ginnery, the certificate of registration relating to the land
on which the cotton was grown or in the case of a licensed
purchaser the purchaser's record book and the owner occupier
or person in charge of the ginnery shall enter upon the
certificate or in the purchaser's record book the quantity of
cotton so presented.

LAWS OF ANTIGUA AND BARBUDA

Cotton TraffiG (CAP. 113 7

(2) The owner or occupier or person in charge of any
ginnery shall keep a ginner's record book the pages of which
shall be in the form contained in Schedule I and such owner, Schedule I
occupier or such person shall make an entry in such gin-
ner's record book of all the particulars therein indicated as
being required at the time when any cotton is brought to
be ginned.

(3) Every such entry shall be signed by such owner or
occupier or person in charge of the ginnery and by the per-
son bringing the cotton to be ginned.

16. The vendor's record book, the purchaser's record Books
inspection.

book and the ginner's record book shall at all reasonable
times be open to the inspection of any Police Officer, Cot-
ton Protection Officer or of any other person on the written
requisition of any Police Officer or Cotton Protection Of-
ficer, and any Police Officer or Cotton Protection Officer
or other such person may demand the production of the said
records at any convenient place and may take a copy of any
entry or entries in such records.

17. It shall be the duty of every holder of any licence Obligation to
give information

under the provisions of this Act and of the owner, occupier and ass~stance
or person in charge of any ginnery at all times to give to for detecting

breaches of the
any Police Officer, Cotton Protection Officer or person la,.
authorized in writing by them or any of them all informa-
tion in his power concerning any sale or purchase of cotton
or any transaction connected with any cotton, and to give
to them every assistance in his power in detecting any breach
of any of the provisions of this Act or any larceny or illicit
dealing or trading in cotton.

18. (1) All cotton being removed fr6m one place to ::z1
another shall be accompanied by the seller's licence issued
to the owner of such cotton under the provisions of this Act
or by a permit in writing from the owner or his represen-
tative which permit shall be in the form contained in Schedule Schedule J.
J:

Provided that nothing in this subsection shall be con-
strued to apply to cotton in the course of removal from the
field where such cotton shall be gathered, to the store-room

LAWS OF ANTIGUA AND BARBUDA

8 CAP. 113) Cotton T7afic

of the owner of such cotton, or to cotton in the course of
removal for export.

(2) No cotton whatever shall be moved between the
hours of six p.m. and five a.m. unless the person removing
the same has in his possession at the time of such removal

schedule K. a permit in the form contained in Schedule K and signed
by a Police Officer.

Sale of cotton in
excess of

19. If it shall appear to a Magistrate that a licensed
quantity vendor has during the period in which his licence remains
produced. in force sold cotton which is in excess of the quantity which

could reasonably have been produced from the land planted
by him, such licensed vendor shall be guilty of an offence
against this Act unless he satisfies the Magistrate that such
excess of cotton was his property and was acquired by him
lawfully.

Power to make
Regulations.

20. The Cabinet shall have power to make regula-
tions providing for-

( a ) the marking of every bale of cotton ginned and
pressed in any ginnery;

(6 ) records to be kept by the Comptroller of
Customs of particulars of cotton exported.

Offences. 21. Any person who-
(a ) sells cotton to a person other than in accordance

with the provisions of this Act, or

( b ) purchases cotton from a person other than in
accordance with the provisions of this Act, or

r
(c) unlawfully makes use of any vendor's record

book or licence of another person, or wilfully makes any
false statement or representation for the purpose of
effecting the sale of cotton, or

(d) wilfully makes any false statement or
misrepresentation with the intent to obtain a vendor's
record book or licence under this Act, or

( e ) being the holder of a licence under this Act or
being the owner or occupier or person in charge of any

LAWS OF ANTIGUA AND BARBUDA

Cotton Traffic (CAP. 113 9

ginnery refuses, neglects or fails to permit the inspec-
tion of or to produce 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 Act, or

Cf) being the holder of a licence under this Act or
being the owner or occupier or person in charge of any
ginnery wilfully makes or gives any false statement to
any Police Officer or Cotton Protection Officer concer-
ning any sale or purchase of 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 pur-
chase, or

(g) wilfully makes any false statement to the owner
or occupier or person in charge of any ginnery concer-
ning any cotton taken to such ginnery, or

(h ) refuses to permit or in any way obstructs or
hinders the examination by the Cotton Protection
Officers of any lands of a registered cotton grower, or

(z) in any manner whatsoever fails to comply with
the provisions of any of the sections of this Act or of
any regulations made thereunder,

shall be guilty of an offence against this Act.

22. Any person guilty of an offence against this Act Penalty.
shall on summary conviction be liable to a fine not exceeding
three thousand dollars.

23. A licensed purchaser who is convicted of a second g;ffitpre of
offence against this Act shall forfeit his licence.

24. Nothing in this Act contained shall prejudice or :,":t~;t affect
in any wise affect any civil or criminal proceedings which proceedings.
but for the passing of this Act might be taken or instituted
against any person:

Provided always that no person shall be liable to be
punished twice for the same offence.

LAWS OF ANTIGUA AND BARBUDA

10 CAP. 113) Cotton Traffic

SCHEDULE A S.4

APPLICATION FOR REGISTRATION AS A GROWER
O F COTTON

I hereby apply to be registered as a grower of cotton planted

on (1) ....................................................................................... of land situate at

(2) .............................................................................................. which I hold as

(3) thereof. .....................................................................................................

Applicant.

(4) I (We) certify that the above particulars are correct.

Owner or representative or other person.

NOTE:- (1) Here insert area of land actually planted in
cotton.

(2) Here insert situation of land.
(3) Here insert how land is held whether as owner,

tenant or otherwise.
(4) To be endorsed by owner or some responsible

person where applicant is not the owner of
the land.

LAWS OF ANTIGUA AND BARBUDA

Cotton Traffic (CAP. 113 1 1

SCHEDULE B S.5

CERTIFICATE OF REGISTRATION AS A GROWER OF
COTTON

It is hereby certified that.

of ............................................................................... is hereby registered as a

grower of (1) ..................................................................... of cotton planted

on land situate at (2)

...............................................

Cotton Protection Officer.

(1) Here insert acreage actually planted in cotton.
(2) Here insert situation of land.

SCHEDULE C S.8

APPLICATION FOR LICENCE T O SELL COTTON

No. ...................
To the Agricultural Officer.

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 Act.

Applicant.
Countersigned.

Cotton Protection Officer.

(1) Here insert area of land planted in cotton.
(2) Here insert situation of land.

LAWS OF ANTIGUA AND BARBUDA

12 CAP. 113) Cotton Traflic

SCHEDULE D S.9

LICENCE TO SELL COTTON

No ..................... of 19 .....

Area of land planted Situation of land

Licence is granted to ...................................................................

of.. .................................................................. to sell cotton from the

above mentioned land until the ..................................................... day of

..................................................... 19 .........

Agricultural Officer.

SCHEDULE E

The Cotton Traffic Act

VENDOR'S RECORD BOOK

Date of
sale

Name of
Purchaser

Address of
Purchaser

Description
(air: lint or
seed) and
weight of

cotton sold

No. of
Pur-

chaser's
Licence

Price
received
per Ib.

Signature

Purchaser
or Agent

LAWS OF ANTIGUA AND BARBUDA

Cotton T r a j i c (CAP. 113 13

SCHEDULE F S . l l

APPLICATION FOR LICENCE T O PURCHASE COTTON

No. ....................

T o the Accountant-General.

I hereby apply for a licence to purchase cotton at my premises

....................................................... situate at in Antigua and Barbuda in

accordance with the provisions of the Cotton Traffic Act.

......... ...................................................................... 19

(Name).. ....................................................

(Address)

SCHEDULE G

LICENCE T O PURCHASE COTTON

No.. ................. of 19. . .

Licence is hereby granted to

of ................................................................................. to purchase cotton at his

(or her) premises situate at ......................

in Antigua and Barbuda in accordance with the provisions of the
Cotton Traffic Act.

Fee Paid
$48.00

Accountant-General.

LAWS OF ANTIGUA AND BARBUDA

14 CAP. 113) Cotton Traflic

SCHEDULE H S.12

The Cotton Traflzc Act

PURCHASER'S RECORD BOOK

Price
paid
per
lb.

Description
( u u : lint or
seed) and
weight of

cotton
purchased

Signature
of Pur-

chaser or
Agent

Name
and

Address
of

bearer

Date
of

Pur-
chase

Name
and

Address
of

Vendor

No. of
Vendor's

licence

Descrip-
tion,

situation
and area
of land

S
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LAWS OF ANTIGUA AND BARBUDA

CAP. 113) Cotton Traffic

SCHEDULE J S.18(1)

The Cotton Traffic Act

PERMIT TO REMOVE COTTON

Permission is hereby granted to ............................................................

of .............................................. to remove from .................................................

........................................... .................................................... and convey to ..( 1)

.............................................................................. .......-. of lint or seed cotton 19

Owner.

(1) Here insert quantity.

SCHEDULE K S. 18(2)

The Cotton Traffic Act

PERMIT TO REMOVE COTTON BY NIGHT

Permission is hereby granted to .........................................................

............................................................................. of to remove and convey to

................. ............................................................................ between the hours of

............................................................ .................. ........................ and on the day of

............ 19 (1) ........................................... of lint or seed cotton.

............................................................... 19 .......

Police Officer

(1) Here insert quantity.
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