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Warranty of genuineness to be implied on sale of produce.
(3.) Such regulations may apply to all chattels, goods and
(5.) Before seizing or detaining any such chattels, goods or
14. On the sale or in the contract for the sale of any produce the vendor shall be deemed to warrant that the produce is genuine, and not adulterated within the meaning of this Ordinance, unless the contrary be expressed in some writing signed by or on behalf of the vendor, and delivered at the time of the sale or contract to, and accepted by, the vendee.
15.-(1.) This Ordinance shall not exempt any person from any action, suit or other proceeding which might, but for the provisions of this Ordinance, be brought against him.
(2) Nothing in this Ordinance contained shall entitle any person to refuse to make a complete discovery, or to answer any question or interrogatory, in any action or suit; but such discovery or answer shall not be admissible in evidence against such person upon any prosecution for an offence against this Ordinance.
(3) Nothing in this Ordinance contained shall be construed so as to render liable to any prosecution or punishment any servant of a master resident in the Colony who bonâ fide acts in obedience to the instructions of such master and, on demand made by or on behalf of the prosecution, has given such information as to the subject-matter of the prosecution as he possesses.
16. This part of the Ordinance applies to the whole of the Colony and Protectorate.
PART II.—(P. 3 of 1902, ss. 11 to 19.)
17. The Governor may at any time and from time to time Power to appoint fit and proper persons to be Inspectors of Produce for the appoint purposes of this Ordinance and may at any time revoke any appointment.
18. The Governor or any Officer authorised by him on that behalf may from time to time prepare and publish lists of fit and proper persons to serve as Produce Experts for the purposes of this Ordinance.
Power to appoint Pro
19. Any District Commissioner may by notice in writing Power of require any Produce Expert to attend upon and to accompany to require him, or any Inspector, and to inspect and examine at the request attendance, of such Commissioner or Inspector the produce in any warehouse &c. of Proor warehouses, or any place or places in which produce may be duce Expert.
20. Any District Commissioner or Inspector alone or accom- Power to take panied by one or more Produce Experts, may at all reasonable samples and times enter any warehouse or place and inspect and examine any produce therein, and may take samples of such produce and may, if such produce appears to be adulterated, himself or by an assistant seize, carry away and detain the same in order to have the same dealt with by the Court.
distress of canoe, &c.
21. Where any produce suspected of being adulterated is found Seizure and in any canoe, boat or other vessel, any District Commissioner or Inspector may, himself or by an assistant seize, carry away and . detain such canoe, boat or other vessel, until the Court has dealt with such produce; and where the person upon whom the Court imposes a fine is the owner of such canoe, boat or other vessel, the Court may, in addition to any other power it may have for the purposes of compelling payment of such fine, direct the same to be levied by distress of such canoe, boat or other vessel.
23. The Court may, if it think fit, direct any Produce Expert or Experts to examine any produce or sample thereof and to report thereon in writing to the Court.
22. Any person who in any manner prevents any District Penalty for Commissioner, Produce Expert, Inspector, or any assistant of obstructing any Commisof them from entering any warehouse or place and inspecting and sioner, &c. examining any produce or who obstructs or impedes any of such persons in carrying the provisions of this Ordinance into effect, shall be liable to a penalty not exceeding twenty-five pounds.
At any proceedings the report of such Produce Expert or Experts shall be sufficient evidence of the facts stated therein facie evidence, unless the defendant shall require such person or persons or any of
Report of examination to be prima
them to be called as a witness or witnesses.
Fees payable to Produce Expert.
24. The following fees shall be payable to Produce Experts, namely:
(a) For attendance on a District Commissioner or other Officer named by him for the inspection of produce, per day or any part thereof, 17.
(b) For examination of any produce or sample thereof by order of the Court and for reporting thereon, 10s.
25. Any Produce Expert who, after being required by notice in (a) to attend, writing by a District Commissioner to attend upon and accompany such Commissioner or any Inspector, fails to comply with such notice, or to inspect and examine at the request of such Commissioner or Inspector any produce in any warehouse or place; and any Produce Expert who, when directed by the Court, fails to examine any produce or samples thereof and to report thereon in (b) to examine writing to the Court, shall be liable for every offence to a fine not
&c. and to examine produce in warehouse at direction of
produce at direction of
exceeding forty shillings.
26. This part of the Ordinance applies to the Central and Eastern Provinces and to such other parts of the Colony and Protectorate as the Governor may from time to time by Order in Council declare.
27. This Ordinance may be cited as "The Adulteration of Produce Ordinance."
PALM KERNELS (SALE).
1. The Governor may appoint an officer styled "Inspector of Inspector of Produce" and any number of assistants which may seem necessary Produce to be appointed. for the purpose of carrying out the provisions of this Ordinance.
2. The Inspector of Produce shall be charged with the due Duties of prosecution of persons offending against the provisions of the inspector. Adulteration of Produce Ordinance and of this Ordinance.
3. Any person who sells or offers for sale any quantity of palm Kernels not kernels over and above 7 lbs. in weight containing a greater pro- more than portion than five per centum of shell or any other foreign substance 5 per cent. of or matter, shall be guilty of an offence against this Ordinance, and shell, &c. shall, on summary conviction thereof, be liable to a penalty not exceeding 10%, or in default of payment to imprisonment for a term not exceeding 28 days.
For the purposes of this section, if it be proved that a quantity Proof of not less than 7 lbs. in weight has been taken indiscriminately from offence. the bulk sold or offered for sale as aforesaid, and has been found to contain a greater proportion than five per centum of shell or other foreign substance or matter, the person so selling or offering for sale as aforesaid shall be deemed guilty of the offence unless the contrary be proved.
4. The Inspector or any duly appointed assistant shall have Inspector to power to examine and test all kernels sold or offered for sale at any test kernels. time before the same be shipped for carriage outside the limits of the jurisdiction.
Any person obstructing the Inspector or any such assistant in Penalty for the execution of his duty shall be liable, on summary conviction obstruction. thereof, to a penalty not exceeding 107., or in default of payment to imprisonment for a term not exceeding 28 days.
5. The Inspector of Produce shall have power at all reasonable Inspector times to enter the premises of any merchant, exporter, trader or may enter other person for the purpose of examining and testing any kernels premises. therein contained; and if any quantity of kernels be found therein containing a greater proportion than five per centum of shell or other foreign substance or matter, he shall give notice in writing
Saving for 6. Nothing herein contained shall be deemed to affect the proAdulteration visions of the Adulteration of Produce Ordinance, provided always that no person shall be prosecuted more than once for the same offence.
of Produce Ordinance.
Kernels not properly cleaned to come within sect. 13 of Adulteration of Produce Ordinance.
Power to make rules.
to the owner or occupier of such premises, or to his agent, or to the person in charge thereof, and such owner or occupier or other person shall within a reasonable time to be fixed by the Inspector after the delivery of such notice cause such kernels to be cleaned or destroyed, and if he shall fail to do so he shall be liable on summary conviction thereof to a penalty not exceeding 251., or in default of payment to imprisonment for a term not exceeding three months.
Short title and application.
7. Palm kernels containing a greater proportion than 5 per centum of shell or other foreign substance or matter shall be deemed to be goods prohibited to be exported or carried coast wise within the meaning of section 13 of the Adulteration of Produce Ordinance.
8. (1) The Governor in Council may make rules not inconsistent with the provisions of this Ordinance for the further and better carrying out of the purposes of the Ordinance, and especially with regard to the duties of the Inspector, the establishment of posts of Inspection, and the method of examining and testing palm kernels. Such rules shall upon publication in the Gazette have the same force as though they were enacted herein, subject to disallowance by His Majesty.
(2) Any person breaking or obstructing the due performance of any of the rules made hereunder shall be liable on summary conviction thereof to a penalty not exceeding 107, or in default of payment to imprisonment for a term not exceeding one month. (4 of 1906, s. 2.)
(3) Unless and until varied or revoked in the manner above prescribed, the rules contained in the Schedule hereto shall be and remain in force.
9. This Ordinance may be cited as "The Sale of Palm Kernels Ordinance," and applies to the Colony and Protectorate.
Rules as to Boats carrying Palm Kernels. (24 December, 1904.)
No person shall load palm kernels to be water-borne in any boat or canoe, whether belonging to or hired by him, or shall navigate any boat or canoe loaded with palm kernels unless the said boat or canoe has placed above the bottom thereof a grating made of sticks or bamboo covered with matting or other suitable substance on which the kernels shall be placed.