Cotton-frauds, Bombay [Repealed]
For the better suppression of fraudulent practices in the Cotton Trade in Bombay. It is enacted as follows:
I. Any person who, in the Islands of Bombay or Colaba, shall fraudulently mix Cotton of a good and bad description or quality in one bale, usually termed false packing, shall be deemed guilty of a misdemeanour.
II. Any person who, in the Islands of Bombay or Colaba, shall fraudulently deteriorate Cotton by exposing it by night to heavy dews, or by putting with it uncleaned Cotton, commonly called Kuppas, or by means of dirt, stones, earth, water, or any other substance, or liquid, or who shall in any other way fraudulently deteriorate it with the view of making it heavier, and packing it in that state, shall be deemed guilty of a misdemeanour.
III. Any person who, in the Islands of Bombay or Colaba, shall fraudulently sell or offer for sale under false sample, or otherwise, any Cotton mixed, or adulterated, as in the first and second Sections of this Act mentioned, shall be deemed guilty of a misdemeanour.
IV. Any person who, in the Islands of Bombay or Colaba, shall knowingly and wilfully have in his possession any such mixed or adulterated Cotton as aforesaid, with a view to any fraudulent sale or disposition thereof, shall be deemed guilty of a misdemeanour.
V. Any person committing a misdemeanour against this Act shall be tried summarily for the same before the Court of Betty Sessions at Bombay, and on conviction shall be liable to a fine not exceeding Rupees One Thousand, or imprisonment, with or without hard labour, not exceeding twelve months, and at the discretion of such Court to both fine and imprisonment: Provided always, that it shall be lawful for the Chairman of the said Court to commit, or hold to bail, any person charged with any misdemeanour under this Act to take his trial in the Supreme Court.
VI. All Cotton in the Islands of Bombay or Colaba, which shall be fraudulently mixed, as mentioned in the first Section of this Act, or which shall be fraudulently deteriorated as mentioned in the second Section of this Act, shall be liable to confiscation.
VII. The said Court of Petty Sessions, upon credible information on oath of any Cotton liable to confiscation under this Act being in Bombay or Colaba, may order the seizure thereof, and the Chairman of such Court may issue a warrant for searching for, and seizing the same, and upon the same being proved to the satisfaction of the said Court to be liable to confiscation, may order the confiscation thereof, whereupon the same shall be confiscated, and the said Court of Petty Sessions shall cause an intimation of every such confiscation to be forthwith given to the Collector of Customs at Bombay, who shall forthwith cause a valuation of the confiscated Cotton to be made, and furnish the same to the said Court of Petty Sessions, who shall thereupon make over the confiscated Cotton, with the valuation thereof, to the Bombay Government, and the said Government shall keep the said confiscated Cotton, and shall from time to time export the same to Europe, to be there disposed of as adulterated or deteriorated Cotton.
VIII. All fines, levied and recovered under this Act, shall be paid into the General Treasury at Bombay.
IX. The said Court of Petty Sessions as to any fine paid to such Court, or Cotton confiscated by its order under this Act, and the Supreme Court as to any fine on conviction in such Court, respectively, may award the whole or any part of the fines recovered, and any portion of the valuation by the said Collector of Customs of confiscated Cotton, not exceeding two-thirds of the amount of such valuation, to be paid to the informer or informers, whose information shall have led to the conviction of the offender, or confiscation of the Cotton respectively, and may grant such informer or informers an order on the General Treasury at Bombay for the amount so awarded.
X. Nothing in this Act shall affect the Civil rights of any parties defrauded by any offender against this Act, but they may sue for the same as if this Act had not been passed.