Sydney Coal Delivery Act 1845 No 8a (NSW)

No. VIII.

Sydney Coal

Delivery. An Act for regulating the sale and delivery of Coal in the City of Sydney and its vicinity. \21th October, 1845.]

I'reambie. TTTHEUEAS it is expedient to regulate the sale and delivery of

Coal in the City of Sydney and its vicinity Be it enacted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof That all coal which shall he sold from and out of any ship or vessel in the Port of Sydney or at any place within the City of Sydney or within the distance of

V V

weiglit. miles from the Obelisk in Macquarie-place in the City of Sydney shall be sold by weight and not by measure.

For preventing the	2.	And be it enacted That if any seller or sellers of or dealer or
sale of one sort of

coal for another. dealers in coal shall knowingly sell one sort of coal for and as a sort which they really are not or knowingly sell wet coal with the view of fraudulently increasing its weight within the said Port of Sydney or at any place within the City of Sydney or within the distance of five

miles

1845. 9'’ VIC. No. 8. 1507

Sydriey Coal Delivery.

miles from tlie Obelisk aforesaid every such seller or sellers of or dealer

or dealers in coal shall forfeit and pay for every such offence the sum Penalty £io.

of ten pounds per ton for every ton of coal so sold and so in proportion

for any smaller quantity.

3. And he it enacted That with any quantity of coal exceeding seller’s ticket to bo

five hundred and sixty pounds delivered from any lighter ship barge or other craft or from any wharf warehouse or other place within the City of Sydney or within the distance of five miles from the Obelisk aforesaid the seller or sellers thereof shall deliver or cause to be delivered to the purchaser or purchasers thereof or to his her or their agent or agents or servant or servants immediately on the arrival of the cart waggon or other carriage or lighter barge or craft in which such coal shall be sent and before any of such coal shall be unloaded a paper or ticket in the form following that is to say—

“ Mr. A. B. (here insert the name of the buyer)

“ Take notice That you are to receive herewith (here insert “ the mmiherj tons (here insert the name of the coat as “ ‘Dhenezer' f any particiilar sort is ordered or contracted, ‘‘for and i f ordered or contracted for specify the colliery) “ coal in (here insert the number of) sacks containing (here “ insert the iceight) pounds of coal in each sack.

“ Signed C. D. (here insert the name or names of the

“ seller or sellers in words at full length.)

“ E. E. (here insert the name of the carman in icords at full “ length) The Act of 9 Victoria No 8 directs that with any “ quantity of coal exceeding five hundred and sixty pounds “ a paper or ticket describing the quantity and if any “ particular sort is ordered or contracted for the sort of “ coal sent by the seller shall be delivered to the purchaser “ or Ids agent or servant before any part of such coal “ shall be unloaded that a weighing machine shall be carried “ with every waggon cart or other carriage and the carman “ is required to weigh gratuitously any sack or sacks of coal “ which shall be chosen by the purchaser or his agent or “ servant and if any carman refuses to weigh such sack or “ sacks of coal as aforesaid or drives away the cart waggon “ or other carriage before the coal is weighed or otherwise “ obstructs the weighing thereof he is liable to a penalty not “ exceeding twenty pounds.”

And in case any such seller or sellers do not deliver or cause to be Penalty on seller

delivered such ticket as aforesaid to the purchaser or purchasers of such

coal or to his her or their servant or servants before any part of such

coal is unloaded every such seller shall for every such offence forfeit

and pay any sum not exceeding twenty pounds and in case the carman On carman driver Ac.

driver or other person attending such cart waggon or other carriage

or the person having the charge of the lighter barge or craft laden

with any. such coal to whom any such ticket shall have been given

by or by the orders of the seller in order to be delivered to the pur­

chaser sliall (having so first received the same from the seller or any

person by the direction of the seller) refuse or neglect to deliver such

ticket to the purchaser or purchasers of such coal or to his her or their

servant or servants before any part of such coal shall be unloaded such

carman driver or other person so offending shall for every such offence

forfeit and pay any sum not exceeding twenty pounds.

4. And be it enacted That all coal sold from any lighter barge coai to be delivered or other craft or from anv v harf warehouse or other place within the i" sacks containing t" X r» p n v t o i n m i t i n t i r v

City of Sydney or within the distance of five miles from the Obelisk	‘
aforesaid in any quantity exceeding five hundred and sixty pounds except coal carried and delivered in bulk as hereinafter mentioned shall

be

1508 No. 8, 9̂ YIC. 1845.

Sydney Coal Delivery.

be carried and delivered to the respective purchasers thereof in sacks each sack containing either one hundred and twelve pounds or two hun­

Coal may be de­	dred and twenty-four pounds net Provided always that any coal sold
livered in bulk.	from any ship lighter barge or other craft or from any wharf or place within the City of Sydney or within the distance of five miles from the Obelisk aforesaid in any quantity exceeding five hundred and sixty pounds may be carried and delivered to the respective purchasers thereof if they think fit in hulk in carts or other carriages or in any lighter barge or other craft.
Carman to caiTy a	5. And he it enacted That if any carman or driver of any cart waggon or other carriage laden with coal for sale or to be delivered to the purchaser or purchasers thereof by any seller or sellers of or dealer or dealers in or carrier or cariders of coal from any ship lighter barge or other craft or from any Avharf warehouse or other place within the said Port of Sydney or within the City of Sydney or within the distance of five miles from the Obelisk aforesaid shall not have placed in on or under his cart waggon or other carriage a perfect weighing machine (which machine shall he of the form size and dimensions to he approved of by the Mayor Aldermen and Councillors of the City of Sydney in Council assembled and deposited in the Police Office in Sydney to which any person shall have access between the hours of ten in the morning and two in the afternoon and shall he provided by the seller or sellers dealer or dealers carrier or carriers of such coal) then and in every such case every such carman or driver of such cart Avaggon or other carriage not lia ing such machine so placed therein thereon or thereunder shall for every such offence forfeit and pay any sum not exceeding ten pounds and the seller or sellers of or dealer or dealers in or carrier or carriers of such coal shall forfeit and pay any sum not
weighing machine
in bis cart.
Penalty on carman	exceeding twenty pounds Provided always that coal Avhich shall he
and seller.	carried or conveyed in bulk or in any cart waggon or other carriage belonging to the purchaser or purchasers of such coal may be so carried or con\'eyed Avithout the carman being obliged to carry a Aveighing machine therewith or any person or persons being subject or liable to any penalty or penalties in respect thereof Provided also that this clause shall not come into effect until the period of one month shall ha e elapsed from the lodging of such approved machine in the said Police Office and the advertisement thereof in the Government Gazette.
Weighing machine	6. And he it enacted That if at any time or times it shall appear to the Mayor Aldermen and Councillors of the City of Sydney in Council assembled that a Aveighing machine may he made upon a better or more conAenient principle or mode of construction than the machine for the time being deposited at the said Police Office they may cause a machine according to such better or more con­ venient principle or mode of construction to be deposited in the said Police Office in lieu of the machine for the time being deposited there and shall cause notice of such new machine to be given by adver­ tisement in the Government Gazette and until the expiration of three calendar months next after such advertisement the machine to be placed and cai’ried as aforesaid in any cart waggon or other carriage may be either similar to such new machine or similar to the machine in lieu of which the same shall have been deposited and after the expiration of such three calendar months the machine to be placed
may be altered.
Carman required to
weigh any of the	and carried as aforesaid shall be similar to such new machine Provided
sacks in the cart.	always that the carman or driver of any cart waggon or other carriage in Avhich coal shall be carried in sacks for delivery to the purchaser or purchasers thereof from any ship lighter barge or other craft or from any Avharf Avarehouse or other place within the City of Sydney or Avithin the distance of five miles from the Obelisk aforesaid shall

and

1845. 9*̂ VIC. No. 8. 1509

Sydney Coal Delivery.

and lie is hereby directed to weigh if he shall he required so to do any one or more of the sacks contained in any such cart waggon or other carriage which may be chosen by the purchaser or purchasers of the said coal or his her or their servant or servants or other person or persons acting on the behalf of such purchaser or purchasers with tin; coal therein and also afterwards to weigh in like manner such sack without any coal therein.

7. And be it enacted That if any carman or driver of any cart Penalty on carman

waggon or other carriage in which coal shall be carried in sacks for ‘'or?"''!""

delivery to the purchaser or purchasers thereof from any sliip vessel rerjuired.	,	.
lighter barge or other craft or from any wharf warehouse or other place within the City of Sydney or within the distance of five miles from the obelisk aforesaid shall neglect or refuse to weigh by the said machine any such sack or sacks of coal in manner hereinbefore directed when thereunto required by the purchaser or purchasers of such coal or by his her or their servant or servants or other person or persons acting by for or under tlie authority of such purchaser or purchasers or if any such carman or driver shall drive away or permit or suffer the said cart waggon or other carriage to be driven away without weighing in manner herein directed tlie said sack or sacks of coal or shall hinder obstruct or otherwise prevent the purchaser or purcliasers of such coal or his her or their servant or any other person or persons whomsoever from examining the said machine or weighing all or any of the sack or sacks of coal in such his cart waggon or other carriage then and in every such case every such carman or driver so offending shall for every such offence forfeit and pay any sum not exceeding twenty pounds nor less than five pounds.

8. Provided always and be it enacted That if any purchaser or aii the coal sent to

purchasers or his her or tludr servant or servants or any other person tyThl̂ purehasef*̂ ̂

or persons acting by for or under the authority of such purchaser or	'
purchasers who shall require any sack or sacks of coal to be weiglied
as aforesaid shall find the coal therein to be deficient in ivcight and shall signify to the carman or other person attending such cart waggon or other carriage his her or their desire to have all the coal contained in such cart waggon or other carriage or any part of sucli coal weighed or reweighed in the presence of some constable police ofheer or other indifferent and credible person then and in every such case the carman or driver of such cart waggon or other carriage in which such coal shall be brought shall and he is hereby required to continue and remain at or before the house lodging or other premises of the purchaser or purchasers of such coal with such coal and the cart waggon or other carriage until such coal is weighed and if any such carman or driver shall drive away or permit or suffer to be driven away such cart Avaggon or other carriage before the coal contained therein sliall be weighed ivithout the consent of the purchaser or purchasers thereof or his her or their servant or servants or such other person or persons as aforesaid then and in every such case such carman or driver shall for every such offence forfeit and pay any sum not exceeding twenty pounds.

9. And be it enacted That such purchaser or purchasers or Purchaser to procure

his her or their servant or seiwants or other person or persons as eons*abie'̂ &c™if°*̂ aforesaid so desiring such coal contained in such cart waggon or other desirous of having

carriage to be weighed shall and he she or they is and are hereby *’‘® icwcigiied.

required to procure the attendance of some constable police officer	.
or other indifferent and credible person to be present at the Aveighing of such coal and all the said sacks both with and without the coal therein shall accordingly be Aveighed Avith the said machine by the carman or other person attending such cart Avaggon or other carriage in the presence of the purchaser or purchasers of the said

coal

1510 No. 8. 9̂ VIO. 1845.

Sydney Coal Delivery.

eoal or his her or their agent or agents or servant or servants if they or any of them shall attend to see the same weighed and of such (constable police officer or other person and in case such purchaser or purchasers or his her or their agent or agents or servant or servants shall not attend for the purpose of seeing such coal so weighed then such carman or other person shall proceed in the weighing of such sacks in his her or their absence and in case such carman or other person shall refuse or neglect to weigh such sacks or any of them in manner aforesaid he shall forfeit and pay for such offence any sum not exceeding ten pounds and the constable police officer or any other person who may he present may weigh the said sacks or any of them as aforesaid and in case upon the weighing of any such sacks it shall happen that any sack or sacks shall not contain either one hundred and twelve pounds or two hundred and twenty-four pounds net of eoal as the case may he then and in every such case the selhn* or sellers of such coal shall for every such sack of coal that shall be found so deficient forfeit and pay any sum not exceeding five pounds.

No quantity less than 10. And be it enacted That all coal sold in any quantity less

to	oirihh^it	̂
five hundred and sixty pounds or in the quantity of five.hundred ^md sixty pouiids froiu any place or from any cart or other carriage within the City of Sydney or within the distance of five miles from the Obelisk aforesaid shall he weighed previously to being delivered to 1 he purchaser or purchasers of such coal and also if required by such purchaser or purchasers or his her or their agent or servant in the presence of such purchaser or purchasers or his her or their agent or servant and if any seller of or dealer in coal shall deliver to the purchaser or purchasers thereof within the City of Sydney or within the distance of five miles from the Obelisk aforesaid any quantity of coal less than five hundred and sixty pounds or the quantity of five hundred and sixty pounds without previously weighing the same and also if required by such purchaser or purchasers or his her or their agent or servant in the presence of such purchaser or purchasers or his her or their agent or servant then and in every such case such seller or dealer shall for every such offence forfeit and pay any sum not exceeding five pounds.

being wcigiicd.

Penalties how re­

covered. 11. And he it enacted That all fines penalties or forfeitures not exceeding the sum of twenty pounds imposed by this Act shall he recovered in a summary way before I avo or more Justices of the Peace and that all fines forfeitures or penalties exceeding the sum of twenty pounds shall he recovered by action of debt in the Supreme Court of New South Wales and one-half of such fines forfeitures and penalties as exceed twenty pounds shall be paid into the Colonial Treasury and form part of the Ordinary Eevenue of New South Wales and the other half shall he paid to the person who shall sue for the same.

Penaltiosinciyredby 12. And be it enacted That when anv carman driver or other

recovered from their person cmplovccl Dv any Seller or sellers of or dealer or dealers in coal employers who may ■ ' shall have been convicted of any offence against this Act the penalty

recover them back.

or forfeiture for the same respectively shall he paid by the seller or sellers dealer or dealers by whom such carman driver or other person shall have been employed at the time when such offence was committed shall he recovered in a summary way before two Justices of the Peace Provided always that such carman driver or other person shall he liable to repay to such seller or sellers dealer or dealers the amount of such penalty and the costs attending the same and in case of non-payment thereof the amount of such penalty shall he recovered by such seller or sellers dealer or dealers respectively against such carman driver or other person in a summary way before two Justices of the Peace.

Form of conviction. 13. And for the more easy and speedy conviction of offenders

against this Act Be it enacted That the Justices of the Peace before

whom

1845. 9̂ ’ YIC. No. 9. 1511

Government Oaths Abolition.

wliom any person shall be convicted of any offence against this Act shall and may cause the convietion to he drawn aceording to the following form—

“ Be it remembered That on the day of

“ in the year of our Lord A. B, is eonvicted

“ before us two of Her Majesty’s Justices “ of the Peace for that (here specify the offence and the “ time and place lohcn afnd cohere committed as the case “ may be) contrary to an Act of the Legislative Council of “ New South Wales passed in the ninth year of the reign “ of Her Majesty Queen Victoria intituled (here insert the “ title of this Act).—Given under our hands and seals the “ day and year first above written.”

C. 1). E. E.