General Provisions.

Ala. Code tit. 2, ch. 19, art. 1

in effect

Ala. Code § 2-19-1 Making of Deductions from Actual Weight of Cotton by Persons Buying or Selling Baled Cotton; Use of Untested Weights in Weighing Cotton.

2-19-1. Making of Deductions from Actual Weight of Cotton by Persons Buying or Selling Baled Cotton; Use of Untested Weights in Weighing Cotton. It shall be unlawful for any person in buying or selling baled cotton or in weighing such cotton for any person other than himself to deduct from the actual weight thereof as shown on a level-standing beam of the scale or to use in weighing cotton untested weights so as to deprive the seller of the cotton of any of its real value. Deductions may be made by mutual consent of buyer and seller or their authorized agents or representatives, on wet or damaged cotton bales, on each bale so weighed or deducted from. Any person who violates this section shall be guilty of a misdemeanor. (Ag. Code 1927, §§351, 352; Code 1940, T. 2, §§141, 142.)

Ala. Code § 2-19-2 Corporations, Etc., Operating, Etc., Places for Storing, Weighing or Dealing in Cotton to Maintain Records of Bale Cotton Weighed, Etc.

2-19-2. Corporations, Etc., Operating, Etc., Places for Storing, Weighing or Dealing in Cotton to Maintain Records of Bale Cotton Weighed, Etc. Any corporation, company, individual or his or their agents operating or owning places for storing, weighing or dealing in cotton doing business in this state who fail to keep a record of all bale cotton weighed by warehousemen, corporations, companies, individuals or their agents for whom each bale of cotton is weighed, with the names of such persons posted on the books daily together with the weight and description of each bale, or who fail to keep such record open to the inspection of the public at all reasonable times shall be guilty of a misdemeanor. (Ag. Code 1927, §353; Code 1940, T. 2, §143.)

Ala. Code § 2-19-3 Mutilation, Etc., of Marks, Brands, Etc., on Cotton or Concealment of Cotton by Ginners, Warehouse Proprietors, Etc.

2-19-3. Mutilation, Etc., of Marks, Brands, Etc., on Cotton or Concealment of Cotton by Ginners, Warehouse Proprietors, Etc. Any ginner, warehouse proprietor, common carrier, officer, agent, clerk or employee of such common carrier or person or any other person who, for the purpose of preventing, delaying or hindering the identification of any cotton by any authorized officer or the rightful owner or person having a lien thereon from recognizing, finding and recovering his cotton (whether the same has been sold to the warehouse proprietor or to other persons), changes or mutilates the marks, brands or numbers on such cotton or conceals any cotton delivered to such warehouse, common carrier or to such other person for sale or storage shall be guilty of a misdemeanor. (Ag. Code 1927, §354; Code 1940, T. 2, §144.)

Ala. Code § 2-19-4 Appropriation of Cotton from Bale, Etc., by Factor, Commission Merchant, Etc., Having Custody Thereof.

2-19-4. Appropriation of Cotton from Bale, Etc., by Factor, Commission Merchant, Etc., Having Custody Thereof. Any factor, commission merchant, consignee or agent having the control of any cotton who, without the consent of the owner, appropriates to his own use any cotton taken from any bale under his control or authorizes or knowingly permits any other person to take from any such bale any part thereof and to retain the same to his own use shall be guilty of a misdemeanor. (Ag. Code 1927, §355; Code 1940, T. 2, §145.)

Ala. Code § 2-19-5 Taking of Cotton from Bale Without Consent of Owner, Consignee, Etc.

2-19-5. Taking of Cotton from Bale Without Consent of Owner, Consignee, Etc. Any person who knowingly and unlawfully takes from any bale of cotton any part thereof without the authority of the owner, consignee or agent shall be guilty of a misdemeanor. (Ag. Code 1927, §356; Code 1940, T. 2, §146.)

Ala. Code § 2-19-6 Conversion, Etc., of Cotton Samples.

2-19-6. Conversion, Etc., of Cotton Samples. Any person who is authorized to sample cotton and who, with intent to defraud, converts such samples to his own use or refuses to deliver them on demand to the owner, consignee or agent, unless they have been destroyed or stolen without his agency or taken out of his possession by legal process, shall be guilty of a misdemeanor. (Ag. Code 1927, §357; Code 1940, T. 2, §147.)

Ala. Code § 2-19-7 Buying or Receiving Cotton Taken from Bale Without Consent of Owner, Consignee, Etc.

2-19-7. Buying or Receiving Cotton Taken from Bale Without Consent of Owner, Consignee, Etc. Any person who, knowingly and with intent to defraud, buys or receives any cotton taken from the bale without the authority of the owner, consignee or agent shall be guilty of a misdemeanor. (Ag. Code 1927, §358; Code 1940, T. 2, §148.)

Ala. Code § 2-19-8 Opening, Sampling, Etc., of Bale of Cotton Without Consent of Owner, Consignee, Etc.

2-19-8. Opening, Sampling, Etc., of Bale of Cotton Without Consent of Owner, Consignee, Etc. Any person who, without authority of the owner, consignee or agent, willfully or wantonly cuts, tears or otherwise opens any bail of cotton or takes any sample therefrom shall be guilty of a misdemeanor. (Ag. Code 1927, §359; Code 1940, T. 2, §149.)

Ala. Code § 2-19-9 Failure of Purchaser of Cotton to Maintain Record as to Name of Seller, Etc.

2-19-9. Failure of Purchaser of Cotton to Maintain Record as to Name of Seller, Etc. Any person who purchases cotton in this state who shall fail to keep a record showing the name and address of the person from whom the same was purchased, the date of said purchase and the identification marks on and weight of said cotton shall be guilty of a misdemeanor. (Ag. Code 1927, §360; Code 1940, T. 2, §150.)

Ala. Code § 2-19-10 Failure of Cotton Broker, Etc., to Pay for Cotton Purchased and Disposed Of.

2-19-10. Failure of Cotton Broker, Etc., to Pay for Cotton Purchased and Disposed Of. Any cotton broker or other person, firm or corporation engaged in the business of buying cotton, either on his own account or for others, who buys or engages to buy from a planter or commission merchant any cotton and fails or refuses to pay for the same at the time agreed upon and makes away with or disposes of any cotton purchased and not paid for is guilty of fraud and embezzlement and, on conviction, must be imprisoned in the penitentiary not less than one nor more than five years at the discretion of the jury. (Ag. Code 1927, §361; Code 1940, T. 2, §151.)

Ala. Code § 2-19-11 Fraudulent Packing or Baling of Cotton.

2-19-11. Fraudulent Packing or Baling of Cotton. Any person who fraudulently packs or bales any cotton by plating or otherwise shall be guilty of a misdemeanor. (Ag. Code 1927, §363; Code 1940, T. 2, §152.)

Ala. Code § 2-19-12 Exhibition of False Samples of Cotton, Etc.

2-19-12. Exhibition of False Samples of Cotton, Etc. Any person who fraudulently exhibits any false samples of any cotton or of any other articles or commodity by means whereof any person is injured shall be guilty of a misdemeanor. (Ag. Code 1927, §364; Code 1940, T. 2, §153.)

Ala. Code § 2-19-13 Removal, Etc., from State of Cotton Subject to Purchase Money Lien.

2-19-13. Removal, Etc., from State of Cotton Subject to Purchase Money Lien. Any person who removes or aids in removing from this state any cotton subject to the lien given by law for the purchase money with intent to prevent, hinder or delay the enforcement of such lien must, on conviction, be imprisoned in the penitentiary for not less than one nor more than five years at the discretion of the jury. (Ag. Code 1927, §365; Code 1940, T. 2, §154.)

Ala. Code § 2-19-14 Removal from Bale of Cotton, Etc., of Ginner’s Tag.

2-19-14. Removal from Bale of Cotton, Etc., of Ginner’s Tag. Any person, other than the purchaser, whether such person is the owner in whole or in part or warehouseman or other person who shall remove or destroy the tag placed upon any bale of cotton by the ginner thereof shall be guilty of a misdemeanor. (Ag. Code 1927, §366; Code 1940, T. 2, §155.)

Ala. Code § 2-19-15 Ginners to Maintain Registers of Cotton Ginned; Contents and Inspection Thereof.

2-19-15. Ginners to Maintain Registers of Cotton Ginned; Contents and Inspection Thereof. Every person, firm or corporation who gins cotton shall keep a book in which it shall register all cotton received at its gins to be ginned in the name of the owner thereof, if known, and, if not known, then the ginner shall make due and diligent inquiry of the person who delivers said cotton to be ginned and record in its book the name of the owner as given and the name of the person from whom the cotton may be received, which book shall also show the date of ginning and the gin number of such bale, which gin number shall continue consecutively for each bale ginned by any particular gin to the close of the season. Such register shall be kept open for the inspection of the public. (Ag. Code 1927, §367; Code 1940, T. 2, §156.)

Ala. Code § 2-19-16 Marking, Tagging, Etc., of Cotton by Ginners.

2-19-16. Marking, Tagging, Etc., of Cotton by Ginners. Every person who gins cotton in this state shall mark, label or tag the same in such manner as prescribed by the State Board of Agriculture and Industries. (Ag. Code 1927, §368; Code 1940, T. 2, §157.)

Ala. Code § 2-19-17 Charging of Different Price for Ginning, Etc., Cotton to Person Selling Seed Therefrom to Ginner.

2-19-17. Charging of Different Price for Ginning, Etc., Cotton to Person Selling Seed Therefrom to Ginner. Any person engaged in buying cotton seed and who also operates or owns a public ginnery in this state who shall charge any other or different price for ginning or ginning and wrapping cotton to any person selling said person the seed out of his cotton from that price which said person charges for ginning or ginning and wrapping the cotton of a person who does not sell said person the seed out of his cotton shall be guilty of a misdemeanor. (Ag. Code 1927, §370; Code 1940, T. 2, §158.)

Ala. Code § 2-19-18 Violation of Laws as to Classification, Stapling or Sampling of Cotton.

2-19-18. Violation of Laws as to Classification, Stapling or Sampling of Cotton. Any person or warehouseman who shall willfully violate any of the laws of this state relating to the classification, stapling or sampling of cotton shall be guilty of a misdemeanor. (Ag. Code 1927, §371; Code 1940, T. 2, §159.)

Ala. Code § 2-19-19 Replacement, Etc., of Cotton Removed from Warehouse for Reweighing, Resampling or Examining Upon Rejection by Purchaser, Etc.

2-19-19. Replacement, Etc., of Cotton Removed from Warehouse for Reweighing, Resampling or Examining Upon Rejection by Purchaser, Etc. Whenever cotton bought from a factory is removed by the purchaser, his agent or broker from the warehouse in which it is stored to another warehouse for the purpose of reweighing, resampling or examining and the same or any part thereof shall, after such reweighing, resampling or examining, be rejected, the purchaser, his agent or broker must replace the cotton so rejected in the warehouse from which it was removed in as good order as when it was removed therefrom and pay all the costs attending such removal and replacing and for all samples drawn. (Ag. Code 1927, §373; Code 1940, T. 2, §160.)

Ala. Code § 2-19-20 Removal of Cotton from Bale for Sampling.

2-19-20. Removal of Cotton from Bale for Sampling. No more than six ounces of cotton shall be taken from any bale of cotton under the pretext of sampling the same; but after the sale of the cotton and after the weight thereof has been ascertained and agreed upon, the buyer may take from the bale, at his own loss, six ounces more of cotton for comparison with the sample by which he bought. Any person violating any of the provisions of this section shall be guilty of a misdemeanor; and, in prosecutions under this section, the ownership of the cotton need not be alleged or proved. (Ag. Code 1927, §§362, 374; Code 1940, T. 2, §161.)

Ala. Code § 2-19-21 Removal of Cotton from Place Where Sold Prior to Weighing Without Consent of Seller.

2-19-21. Removal of Cotton from Place Where Sold Prior to Weighing Without Consent of Seller. Without the consent of the seller, cotton must not be removed from the place where it may be when sold until the weight thereof has been ascertained. (Ag. Code 1927, §375; Code 1940, T. 2, §162.)

Ala. Code § 2-19-22 Implied Warranty as to Packing of Cotton.

2-19-22. Implied Warranty as to Packing of Cotton. When cotton in bales is sent by a planter or other owner to a factor for sale, a warranty is implied on the part of such planter or owner to the factor and the purchaser from such factor respectively that such cotton is not fraudulently packed and, when cotton is sold by sample by the owner or his factor, that the sample has been fairly drawn and that the cotton is not fraudulently packed, and no other warranty is thereby implied. For any breach of such implied warranty, the purchaser may recover damages, either from the owner or factor selling the same, but no civil action can be brought for any breach of such last mentioned implied warranty unless the civil action is commenced within one year after such sale. Planters shall not be liable in any way for losses sustained by factors or commission merchants for having sold cotton by fraudulent or unfair samples, unless such loss was occasioned by plating or fraudulent packing of the cotton by such planter. (Ag. Code 1927, §377; Code 1940, T. 2, §163.)

Ala. Code § 2-19-23 Ginneries to Keep Lint Cotton and Cotton Seed and Lots of Cotton Separate Upon Request of Owners.

2-19-23. Ginneries to Keep Lint Cotton and Cotton Seed and Lots of Cotton Separate Upon Request of Owners. All public ginneries in this state, when requested so to do by the owner, shall keep both the lint cotton and cotton seed of each owner and each lot of cotton so separated by the owner separate from that of every other owner or lot, so that each owner may receive his own lint cotton and cotton seed unmixed with that of other owners and so that each owner may separate his own cotton into different lots and have each lot ginned separate and the lint and seed therefrom kept separate and apart from the lint and seed of his other lots of cotton. To this end, all public ginneries shall entirely clean their gin heads of all cotton containing seed before commencing to gin the cotton of different owners or of different lots belonging to the same owners when so requested and separated into different lots by the owners and shall clean the lint rooms of lint cotton as near as may be so that the lint and seed of each lot of cotton may be kept separate and apart from that of other lots of cotton. The party demanding that the roll be cleaned shall pay to the ginner $.50 per bale for so doing. (Acts 1919, No. 755, p. 1116; Code 1923, §7305; Code 1940, T. 2, §164.)

Ala. Code § 2-19-24 Liability of Ginneries for Failure to Comply with Provisions of Section 2-19-23.

2-19-24. Liability of Ginneries for Failure to Comply with Provisions of Section 2-19-23. Any public ginner or ginnery who willfully refuses and fails to so keep the lint and seed separate as to each lot of cotton brought to his gin or ginnery or to comply with the provisions of Section 2-19-23 shall be liable to a penalty of $100.00 and, in addition thereto, for all damages which the owner of the cotton or cotton seed may suffer in consequence of his failure to comply with the section, which may be recovered in a civil action instituted by the owner of the cotton or cotton seed. (Acts 1919, No. 755, p. 1116; Code 1923, §7306; Code 1940, T. 2, §165.)

Ala. Code § 2-19-25 Applicability of Provisions of Sections 2-19-23 and 2-19-24.

2-19-25. Applicability of Provisions of Sections 2-19-23 and 2-19-24. The provisions of Sections 2-19-23 and 2-19-24 as to keeping the lint separate and apart from other lots shall not be made to apply to lots of cotton of less than one bale. (Acts 1919, No. 755, p. 1116; Code 1923, §7307; Code 1940, T. 2, §166.)

Ala. Code § 2-19-26 Applicability of Laws Relative to Inspection, Suspension from Sale, Seizure, Etc.

2-19-26. Applicability of Laws Relative to Inspection, Suspension from Sale, Seizure, Etc. The provisions of Article 2 of Chapter 2 of this title shall be applicable to the provisions of this chapter.

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026