I, the undersigned, public analyst for the certify that I received on the do hereby 19 , from ), and day of a sample of I am of opinion that the same is a sample of genuine or I am of opinion that the said sample contained the parts as under, or the percentage of foreign ingredients as under. CHAPTER XLVII. FOLDED WOVEN GOODS. (No. 5-1893.) 1. This Ordinance may be cited as "The Folded Woven Goods Short title. Ordinance." woven goods as provided 2. No folded woven goods, other than those specified in the Prohibition of Schedule hereto, shall be imported into the Colony or Protectorate importation of unless the same shall be folded in folds of not less than 36 inches not folded in length and each piece be marked with the number of yards and and marked inches (if any) contained therein. Such mark shall be stamped in this upon the fabric of each piece. Any words, figures, marks, or Ordinance. abbreviations of the words "yards" and "inches" which according to common use or the custom of the trade are commonly taken to indicate the measure of folded woven goods may be used in such marking. This section shall apply to all folded woven goods imported into the Colony or Protectorate, whether for sale, use or disposal within the Colony or Protectorate, or for transhipment to, or in transit for, any other country, port or place. (5 of 1893, s. 2, and 4 of 1894, ss. 1 and 2.) Prohibition of sale of woven goods not so folded and 3. No folded woven goods other than those specified in the Schedule hereto shall be sold or bartered, or exposed for sale or barter, or form the subject of any contract of sale or barter, unless the same be folded and marked in accordance with the provisions marked. of the second section of this Ordinance. 4. Every person who shall contravene the provisions of either of Penalties for the foregoing sections shall be liable to a penalty not exceeding contravention 1007. for each such offence, and the goods in respect of which the 2 and 3. offence was committed shall be forfeited. of Sectious Provided always that no prosecution or proceeding shall lie or be Allowance for taken under this Ordinance against any importer or holder of folded shrinkage, &c. woven goods (1) where such goods are shorter than indicated by the mark upon them by not more than 4 inches in a piece marked 10 yards or under, 5 16798 above 10 yards and up to 23 yards, be less than Last fold may and (2) where the contents of a piece are properly marked as to total length but the final fold only is less than 36 inches. (5 of 1893, s. 4, and 4 of 1894, s. 3.) 36 inches. Warranty by vendor of correctness of numbers on material, label, or wrapper. Saving. Discovery. Acts of servants. Collector of 5. On the sale or contract for the sale of any goods to which the provisions of this Ordinance apply the vendor shall be deemed to warrant, within the limits provided by Section 4 of this Ordinance, that the material, label or wrapper, as the case may be, bears on the face thereof the true and correct number of yards or inches actually contained in the folded woven goods on which such number appears, to which the same is attached, or in which such goods are wrapped. 6. 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. 7.—(1) 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 in any prosecution for an offence against this Ordinance. (2) 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 or Protectorate who bonâ fide acts in obedience to instructions of such master and, on demand made by or on behalf of the prosecutor, has given full information as to his master. 8. It shall be lawful for the Collector of Customs or any officer Customs may of Customs duly authorized by him, to call upon the importer of call upon the importer to any package or parcel supposed to contain folded woven goods, produce in- other than those specified in the Schedule hereto, to produce the voices, &c., original invoices, bills of lading, bills of parcels, or other such and may open documents showing the character of the goods contained in such packages con- package or parcel, and the place and date of shipment thereof, and taining folded to open such package or parcel, and produce the goods therein woven goods. contained for inspection: and such package or parcel may be detained in the Customs until such demands, or any of them, shall have been complied with. and inspect 9. When any District Commissioner is satisfied, by information Search on oath, that there is reasonable ground to believe that any goods warrant. in relation to which an offence against this Ordinance has been committed, are in any house or premises, such District Commissioner may issue a warrant under his hand, by virtue of which it shall be lawful for any Superior Officer of Police named or included in such warrant, to enter such house or premises at any reasonable time by day, and to search there for and seize and take away such goods and things; and any goods or things seized under any such warrant shall be brought before the Court of the District Commissioner of the District in which such goods or things were found, for the purpose of its being determined whether the same are or are not liable to forfeiture under this Ordinance. Any one who in any way obstructs or prevents any person in Penalty for or from making any such search, examination, or seizure as is obstructing authorized by this section shall be liable to a penalty not exceeding 201. search. 10. Proceedings under this Ordinance may be taken before a Jurisdiction District Commissioner who shall have full jurisdiction to determine of District summarily all such proceedings. Commissioner. 11. In any prosecution for an offence against this Ordinance a Evidence. defendant and his wife, or her husband, as the case may be, may, if the defendant thinks fit, be called as a witness, and, if called, shall be sworn and examined, and may be cross-examined and re-examined, in like manner as any other witness. 12. On any prosecution under this Ordinance the Court may Costs. order costs to be paid to the defendant by the prosecutor, or to the prosecutor by the defendant, having regard to the information given by, and the conduct of, the defendant and the prosecutor respectively. 13. If any person feels aggrieved by any conviction or order Appeals. made under this Ordinance by a District Commissioner, he may appeal against such conviction, either upon any question or questions of fact, or upon any question or questions of law, to the Divisional Court. 14. All forfeitures incurred under or by virtue of this Ordinance Disposal of shall be disposed of in such manner as the Governor shall direct. forfeitures. 15. All penalties recovered under this Ordinance shall be paid Application into the Treasury and form part of the general revenue of the of penalties. Colony; provided always, that it shall be lawful for the Governor to award to the person prosecuting or to any person by whose means or aid any such penalty may have been recovered, any sum or sums not exceeding in the aggregate one moiety of such penalty. Goods in Schedule exempted. Folded woven goods partly exempted from provisions of 16. Nothing in this Ordinance contained shall be deemed to affect the importation, folding, or marking of any of the various classes of goods specified in the Schedule hereto. 17. Nothing herein contained shall affect any enactment or provision of the Merchandize Marks Ordinance, except so far as that Ordinance relates to trade descriptions, as to the measure only, of Folded Woven Goods within the scope and meaning of this Merchandize Ordinance. Marks 18. Subject to the provisions of this Ordinance, the Governor in Rules may be Council may from time to time make, and when made, amend, vary, suspend or revoke, Rules and Regulations with regard to all or any of the following matters; that is to say made. (a) Providing, if necessary, for the compulsory stamping or marking of such last-mentioned goods for the purposes of identification as "short folded woven goods." (b) For increasing or reducing allowances for shrinkage under Section 4 and generally for altering or amending the rates of allowance therein mentioned. (c) For exempting from the operation of this Ordinance any goods, or classes of goods, not specified in the Schedule hereto. (d) Generally, for the further and better effectuating the purposes of this Ordinance: and may attach a penalty, which shall not exceed 107., to any breach of any such Rule or Regulation. Every such Rule or Regulation, or the alteration, suspension, or repeal thereof, shall come into operation upon being published in the Government Gazette, and shall thereupon be binding upon all persons concerned, subject to disallowance by His Majesty.` (5 of 1893, s. 18, and 4 of 1894, s. 4, amended.) SCHEDULE OF EXEMPTIONS. Indian bafts, cashmeres, serges, alpacca, selicia, linen drills, cotton drills, khaki drills, tabourettes, gold and silver cloths, tinsel woven cloths, damasks and flannels, silks, silk velvets, tweeds, handkerchiefs, broadcloth and worsted cloth. |