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HORTICULTURAL PRODUCE (SALES ON COMMISSION) ACT (NORTHERN IRELAND)
1927

HORTICULTURAL PRODUCE (SALES ON COMMISSION) ACT (NORTHERN IRELAND)
1927 - LONG TITLE

An Act to regulate the sale on commission of horticultural produce.
[31st May 1927]

HORTICULTURAL PRODUCE (SALES ON COMMISSION) ACT (NORTHERN IRELAND)
1927 - SECT 1
Duty of salesman to record and deliver particulars of sales.

1.(1) Where in the case of any horticultural produce consigned for
sale on commission the salesman makes a charge by way of commission
or otherwise, he shall enter in a book kept by him for the
purpose the names of the owner or consignor of the produce and of
every purchaser, and the price paid or agreed to be paid by each
purchaser, and shall as soon as practicable after the sale send by
post or deliver to the owner or consignor an account containing the
following particulars:

(a)the actual price paid or agreed to be paid for the produce, and
where there is any variation in price, the number, weight or
quantity sold, or agreed to be sold, at each price; and

(b)the commission or other charge made by the salesman for selling
the produce, together with details of any charges made for services
in connection with the sale; and

(c)the amounts, if any, paid or payable by the salesman on behalf
of the owner or consignor in connection with the sale, with details
thereof.

(2) If on any such sale as aforesaid any produce is bought by the
salesman or by any person on his behalf, the fact shall be stated
in the account; but nothing in this provision shall be construed as
rendering any such transaction, if otherwise illegal, legal.

(3) If any person fails to make any entry, or send or deliver any
account, or sends an account not containing the particulars required
by this section, or makes an entry or sends or delivers an account
which is false in any material particular, he shall be liable on
summary conviction in the case of a first offence to a fine not
exceeding twenty pounds, and in the case of a subsequent offence to
a fine not exceeding one hundred pounds:

Provided that in any proceedings under this section if the defendant
proves to the satisfaction of the court that the offence was due
to a bona fide mistake or accident, in spite of all reasonable
precautions being taken and all due diligence exercised by the
defendant to prevent the occurrence of such offence, or the offence
was due to the action of some person over whom the defendant had
no control, the defendant shall be discharged from the prosecution.

(4) The provisions of this Act shall not apply to the sale of
horticultural produce unless the owner or consignor sends to the
salesman, before the sale, an advice note specifying the nature and
description of the packages consigned and the contents thereof.

HORTICULTURAL PRODUCE (SALES ON COMMISSION) ACT (NORTHERN IRELAND)
1927 - SECT 2
Inspection of books, etc.

2. The owner or consignor of any such produce may within ten days
of the delivery to him of an account in pursuance of this Act, by
notice in writing, require the salesman to produce any records,
books, or documents in his possession, so far as they relate to
the sale of such produce, for inspection by an accountant nominated
by the owner or consignor, being an accountant possessing such
qualifications as may be prescribed by the Ministry of Agriculture,
and if the salesman refuses or fails to produce for inspection, or
destroys or obliterates, any such records, books or documents, or
obstructs the accountant in any such inspection, he shall be liable
on summary conviction to a fine not exceeding twenty pounds.

HORTICULTURAL PRODUCE (SALES ON COMMISSION) ACT (NORTHERN IRELAND)
1927 - SECT 3
Interpretation.

3.(1) In this Act the expression "horticultural produce" means
vegetables, fruit, flowers and plants.

(2) For the purposes of this Act, produce consigned for sale shall
be deemed to have been consigned for sale on commission unless at
or before the sale of the produce

(a)the salesman has received from the owner or consignor a direction
in writing to the contrary; or

(b)the owner or consignor and the salesman have entered into an
agreement in writing to the contrary;

(3) Where the owner or consignor of any horticultural produce has
appointed a person to act as his agent for the purposes of this
Act, anything by this Act authorised or required to be done to or
by the owner or consignor may be done to or by such agent.

HORTICULTURAL PRODUCE (SALES ON COMMISSION) ACT (NORTHERN IRELAND)
1927 - SECT 4
Short title.

4. This Act may be cited as the Horticultural Produce (Sales on
Commission) Act (Northern Ireland), 1927.