« PreviousContinue »
8. The Market Master shall hand the seller a market note, which shall set out in columns :—The name of the seller, the name of the purchaser, the articles purchased and the price; and one column shall be left open on such market note, in which column, upon delivery of the article purchased, the purchaser or person who receives the same for him shall sign his name.
Upon exhibition of the market note so signed the seller shall be entitled to receive the amount from the Market Master.
[See Form "A" of market note annexed hereto.]
9. Purchasers shall pay the Market Master on the day of sale before 12 o'clock noon, at his office; in default whereof they shall pay 5 per cent. for collection.
The Market Master shall see that payment for the purchases is made (to him) in the ordinary course.
And it shall be lawful for him to decline to accept a bid from any purchaser who has refused to pay.
10. The Market Master shall keep proper books (in such form as may be prescribed for him) of all Government dues to be paid in by him, payable upon the articles sold on the market, which does shall amount to 2 per cent., except in respect of wines, spirituous liquors, etc., which come from beyond the limit of this State. [See Article 15, par. (m).]
11. Where an article which is put up for sale is not sold, the owner or person acting in his stead shall pay a sum of 2s. 6d. to the Market Master on behalf of the Government on every wagon, or vehicle, or otherwise upon the article put up.
The Market Master shall not knock down to the bidder the article put up, without obtaining the consent of the seller thereto; and in the event of a dispute between purchasers, the Market Master shall again put up the article.
12. The Market Master shall weekly pay in to the Landdrost of the district all moneys which shall accrue to the Government from the proceeds of the market, and shall at the same time submit his books for examination and approval.
13. The Market Master shall as far as possible prohibit all sales which are not permissible in terms of this Law.
14. No person, after having brought his products on to the Market Square, shall have the right to sell the same, before he shall first have put the same up to auction on the market, and until he shall have done so, no person shall have the right to purchase the
15. Products, etc., shall be sold as follows:
(a) meal, wheat, per muid of 200 pounds;
(b) mealies, bread mealies, pan salt, barley, oats, rye, Kaffir corn, beans, lentils, lime, per bag of 8 buckets;
(c) potatoes, sweet potatoes, onions, per bag of 8 buckets or submultiple thereof;
(d) wool, ivory, ostrich feathers, butter, pork and salt meat, dry fruits, etc., per pound;
(e) oats and green forage, per bundle; chaff, per bale or bag;
(f) firewood, per load;
(g) coal, per 100 pounds or submultiple thereof;
(h) yellow-wood planks, beams and all sorts of timber, also wood for wagons, doors, windows, lintels and testers or hoods, by the foot, per piece or by the lot; spars, per piece; poles, Spanish reeds, per 100; thatching, per 100 bundles, with a diameter of 6 inches;
(i) oranges, apples, etc., per 100;
(k) vegetables, in batches as the seller may desire;
(7) eggs, by the dozen;
(m) wine and spirituous liquors, per gallon. Import duty shall be paid on such liquors if imported from abroad, unless they are products of the Orange Free State. Such liquors may not be sold on the market before such import duty shall have been paid;
(n) horses, large stock (cattle), sheep, goats, pigs, poultry, etc., per head;
(0) any articles not mentioned here shall be sold as the Market Master may elect.
16. Every person who shall bring meal, grain, oats, butter, sweet potatoes, wool, vinegar, potatoes, wine, spirituous liquors, etc., to market, shall if required before the sale furnish the Market Master with a sample for comparison with what is offered for sale.
This sample need not be larger or greater than is required to enable a judgment to be formed of the quality of that particular kind.
No purchaser shall be obliged to take delivery of what is sold if it is worse than the sample.
In the event of dispute the Market Master shall decide; the losing party shall pay the Market Master's costs therein, not exceeding 10s.
An appeal may be made to the Landdrost, who shall summarily decide.
17. All products or things sold on the market shall be delivered by the seller at the house of the purchaser or at his place of business within the town. Immediately after the purchase, the purchaser shall be obliged and bound to point out in clear terms or cause to be pointed out to the seller the house or place within the town where the products or goods are to be off-loaded or delivered.
Should the purchaser not be present to take delivery of what is sold, it shall be off-loaded in the presence of competent witnesses or off-loaded at the market house for account of the purchaser.
18. The Market Master shall be entitled to decline to sell if he has reasonable grounds to suspect that what is brought to market is not the property of the person who offers it for sale.
The sale may, however, be effected upon condition that the proceeds shall remain for a certain time in the hands of the Market Master, or otherwise as the Landdrost shall deem fit.
He shall in such case immediately give written notice to the Landdrost, who shall without delay institute the necessary enquiry.
19. The Market Master shall receive a fixed salary from the Government, and shall give security for the due fulfilment of his duties.
He shall over and above the salary receive 2 per cent. of the market money.
20. Spoilt wares or wares deleterious to health, sick live stock, or horses with glanders brought to market, shall, upon complaint of the Market Master or any other person, be immediately removed from the market by the owner or person in charge thereof, and, in the event of refusal or negligence, such person shall be punishable according to the provisions of this Law.
21. All persons not being landowners bringing articles to market, and more especially firewood and lime, shall be obliged to exhibit a written pass from the owners of the farms from which the said articles come, and upon non-compliance therewith the articles shall be declared forfeited.
22. Any person who shall contravene one or more of the Articles of this Law shall be liable to a fine not less than 7s. 6d. and not exceeding £7 10s. sterling, to be imposed by the Landdrost according to the nature of the case, or, in default of payment, to imprisonment for a period not exceeding one month.
23. If the purchaser shall not duly point out the place of delivery in terms of Article 17 to the seller and the latter cannot find the purchaser, the seller shall be entitled to bring back the products or goods sold and not received to the market house; and if the purchaser shall not put in an appearance before 1 o'clock p.m., the Market Master shall receive the goods sold from the seller, and pay out the value thereof to the seller, who shall then be entitled to off-load the products or goods sold at the market house for account and risk of the purchaser, in presence of the Market Master or his lawful representative.
In such case the Market Master shall again offer the goods for sale the first ensuing market day, and the difference (if any) between the first and second sale and all damages and further costs thereby occasioned or connected therewith shall be made good by the first purchaser.
24. All laws and provisions in conflict with this Law are hereby repealed.
25. This Law shall come into operation immediately after publication.