Weights and measures (1832) (WA)

WESTERN AUSTRALIA

ANNO TERTIO

GU. IV. REGIS

No. 2

An Act for the Regulation of Weights and Measures.

[Assented to 19th March, 1833.

Preamble

HEREAS there is reason to believe that deficient weights and

Wout the Colony of Western Australia to the great injury of the public ;measures have been frequently and fraudulently used through-

in order therefore to prevent such pernicious and fraudulent practices : Be it enacted by His Honour the Lieutenant-Governor of Western

Governor may

Australia and its Dependencies, with the advice of the Legislative

order standing

weights and

Council, that it shall be lawful for the Governor or other officer for the

measures to be

time being administering the Government of the said Colony by any

kept

order or orders to be by him from time to time made and published in the Government Gazette,' to appoint certain places and persons, in which and with whom respectively, shall be deposited complete sets of standard weights and measures, to be procured and authenticated in such manner as by any such order shall be directed.

Keepers of stand-	2. And be it further enacted that the persons so appointed as
ard weights, Hte.

to produce the

aforesaid to be keepers of standard weights and measures, shall pro-

tion ; and to

same for inspec-

duce the same at the place in which the same shall be directed to be

demand a fee of

deposited as aforesaid, to any person or persons demanding an inspection

every weight or

sixpence for

thereof at any reasonable hour or time for the purpose of comparing

measure com-

the same with any other weights or measures ; and that it shall be

pared

lawful for such keepers to demand and receive a fee of sixpence for

each and every weight or measure so compared.

Keepers of stand-	3.
3 And be it further enacted that if any such keeper of standard
and weights, a'o”

refusing or	weights and measures as aforesaid shall refuse or neglect to deliver,
neglecting to	with all reasonable despatch, the weights and measures in his custody
deliver	or any of them, to any person to whom such keeper shall be directed to deliver the same by the written order of any Justice of the Peace

3 GUL. IV. No. 2

Weights and Measures

for the said Colony, or shall refuse or neglect to exhibit such weights or measures to any person demanding a comparison thereof at any reasonable hour, and tendering therefor the lawful fee hereinbefore made payable for such comparison, or shall neglect or refuse to exhibit such weights and measures without fee to any such Justice demanding an inspection thereof ; then, and in any of the said cases, every such keeper for every such offence shall upon conviction forfeit and pay a sum not exceeding forty shillings.

4. And be it further enacted that if any person entrusted either Keepers or others

with the temporary or permanent custody of any standard weights 1°„sgleigr,Zt

or measures, provided in pursuance of this Act, shall lose, destroy or me res asu to

injure the same or any of the same, and shall refuse or neglect to tt,",.,Ter"pair and raise by distress and sale of the goods and chattels of the person so neglecting or refusing as last aforesaid, a sum sufficient to replace or repair the weights or measures so destroyed or injured, together with the costs and charges of making such distress and sale ; and such Justice shall cause the said sum to be forthwith paid over to the Colonial Treasurer to the use of His Majesty, his heirs and successors.

repair or replace the same within ten days next after being required

so to do, by the written order of any Justice of the Peace for the said

5. And be it further enacted that it shall be lawful for the said Governor to

Governor or other officer administering the Government of the said "11°t%t,ts Colony to appoint at any time after the first day of May next by and measures warrant under his hand and seal any number of fit and proper persons

who shall have power individually to examine all weights, balances and measures within the said Colony, in manner hereinafter provided ; and that it shall be lawful for such examiners, and they are hereby such examiners

required (having been first sworn by some Justice of the Peace for the toeuviericilti‘iterights.;°i°_?

said Colony, duly and faithfully to execute the office in them reposed and measures

by such appointment and by this Act), as often as any such Justice See 18 Vic.,

shall direct in writing, to enter in the day time into any mill or any xm 18' s. 3

shop, store-house or out-house, where any kind of goods or wares, dry

or liquid, are or shall be usually sold ; and then and there to search

for, view and examine all weights, balances and measures, and to May. seize and

seize any weights or measures there found, not being according to leal1e1„11',`,.lelidg?;t,

such standard, or any false balance there found, and to detain the se., and mustsame ; and such examiners shall forthwith lay information of any such /ay information

finding before some Justice of the Peace ; and the person or persons

in whose shop, store-house or out-house or apparent ownership any Persons having	deficient weight or measure or false balance shall be so found, shall refic mut weights,
upon conviction thereof forfeit all such deficient weights or measures or false balances ; and shall also forfeit and pay for every such deficient weight or measure or false balance, any sum not exceeding five pounds, and also all costs and charges of such conviction.

6. And be it further enacted that if any person shall wilfully Persons guilty of

obstruct, hinder, resist, or in any wise oppose any such examiner as obstructing	examiners
aforesaid in the execution of his office, or if any person selling or re-
tailing by weight or measure shall refuse to produce Ins or her weights,

see 18 Fie.,

measures or balances when required so to do by any such examiner as No. 18, s. 2

aforesaid, every such person being thereof convicted, shall forfeit and

pay for every such offence any sum not exceeding twenty pounds.

3 GUL. IV. No. 2

Weights and Measures

Persons selling	7. And be it further enacted that if from and after the first day of
by deficient

weights andMay next any person shall wilfully and knowingly sell or attempt to

measures sell any kind of goods or wares, dry or liquid, by a weight or measure

not in accordance with such standard weights or measures as aforesaid or by a false balance and with intent to defraud any other person, every person so selling or attempting to sell, being thereof convicted, shall for every such offence, forfeit the deficient weight or measure or false balance so fraudulently used, and any sum not exceeding ten pounds ; and also all costs and charges of conviction.

Existing weights and measures8. And be it further enacted that it shall be lawful for any person may he used, if or persons to sell any goods, wares or merchandise by any weights and Properly marked measures in his, her or their possession at the time of the passing of

this Act, although such weights and measures may not be in conformity with the standard weights and measures aforesaid : Provided that such weights and measures shall bear upon them, either painted or marked, the ratio or proportion which they bear to the said standard weights and measures respectively.

AU dealings have reference to9. And be it further enacted that all contracts, bargains, sales and standard weights dealings, which shall be made or had, from and after the first day of

and measures May next, in any part of the said Colony for any work to be done or for any goods, wares or merchandise or other thing to be sold, delivered, done or agreed for by weight or measure—where no special agreement shall be made to the contrary—shall be deemed to be made and had according to the standard weights and measures to be provided under this Act.

Disposal of	10. And be it further enacted that all deficient weights and
weights and

measuresmeasures and false balances, seized and forfeited under this Act, shall

condemned be broken, destroyed or disposed of as shall be directed by the Justice,

before whom any conviction in respect of such weights, measures or

balances shall take place.

Bakers' loaves of certain specific11. And whereas it is especially necessary to protect the poor from weights any such frauds as aforesaid in the sale of bread, and the detection of

such frauds will be best secured by requiring retailers of bread to make and sell their loaves of some specific weight : Be it therefore further enacted that from and after the first day of May next no baker or dealer or retailer of bread in this Colony shall sell or exhibit for sale any loaf of wheaten or other flour, not being of one of the weights following, that is to say, one pound, two pounds or four pounds avoirdupois weight, under pain of forfeiting any sum not exceeding five

Loaves to be	pounds : Provided always that no baker or retailer of bread shall be
Vv

within

forty-eight horns liable for any deficiency in the weight of any loaf, unless the same

after baked shall be weighed in the presence of some Justice of the Peace, within forty-eight hours next after the same shall be baked ; and unless. evidence be given at the hearing of any information in respect of such deficiency by one disinterested witness, that such loaf was in the same state when produced to be weighed before such Justice as when the same was taken from such baker or retailer, reasonable allowance being

Magistrate may made for the drying of the bread : Provided also that it shall be lawful make reasonable for the Justice who shall hear any information for selling loavesallowance for

small deficiencies contrary to the provisions of this Act, to make reasonable allowance

of weight

for any small deficiency of weight which shall appear to him fairly attributable to accident, negligence of servants or any other cause than

3 GUL. IV. No. 2

Weights and Measures

the wilful act or culpable neglect of the party accused : Provided

Exceptions of

rolls, cakes and.

further that nothing herein contained shall be construed to extend to

Imstry

such bread as is usually sold under the denomination of rolls, cakes or

pastry.

12. And be it further enacted that all informations and pro- ceedings on account of any offence under this Act shall be heard and

before oneAl/ convictions

Justice of the

determined, and all forfeitures and penalties in respect of the same

Peace

shall be awarded and imposed in a summary way, by any ono Justice

of the Peace, who shall summon before him the party accused and all

necessary witnesses ; and upon appearance of the party accused (or in

his absence upon proof by oath of his having been served with the said

summons, either personally or by the same being left at his usual place

of abode) such Justice shall hear the matter of such information, and

examine all necessary witnesses upon oath, and make such order

thereon as to him shall seem meet ; and in case the party accused shall

be by him convicted, and shall fail to pay any fine or penalty, costs or

expenses awarded by such order, within three days next after such

order shall have been personally served on him or left at his usual

place of abode, it shall be lawful for such convicting Justice to levy

and raise such fine or penalty, costs or expenses by distress and sale

Who may en-

force the con-

of the goods and chattels of the party so convicted ; and in case such

viction by

goods and chattels shall be insufficient for that purpose, it shall be

distress mid sale,

or imprisonment

lawful for the convicting Justice to commit the party so convicted to

not exceeding six calendar

any gaol or house of correction for any term not exceeding six

months

calendar months.

13. And be it further enacted that on the hearing of every infor- mation under this Act for the offence of using or having in possession

Weights, &e.,deficient shall be

compared with

standards in

any deficient weight or measure, the weight or measure alleged by

presence of

such information to be false or deficient shall be compared with the

Magistrate

hearing informa-

said standard weights or measures in the presence of the Justice who

tion

shall hear such information.

14. And be it further enacted that on the hearing of any such information as last aforesaid or of any information for using or

Examiners to be

competent

witnesses

possessing a false balance, any such examiner as aforesaid shall be admitted as a competent witness to prove the fact that the weight, measure or balance alleged to be false or deficient was found in the shop, store-house or out-house or otherwise in the possession or apparent ownership of the party accused, notwithstanding that such examiner may by conviction of the party accused become entitled as informer to part of the penalty incurred by such conviction.

been twice summarily convicted of any offence against the provisions itnhanyllboeffiemed 15. And be it further enacted that if any person who shall have Persons guilty of

of this Act, shall afterwards be guilty of any such offence, every such n taster

person being thereof convicted by indictment at the Quarter Sessions

of the Peace for the said Colony shall be subject to such fine, not

exceeding the sum of fifty pounds, and to such imprisonment not

exceeding the term of six calendar months, as the said Court shall in

its discretion award ; and that it shall be lawful for the Justice who

shall hear the information charging such third offence to require the

accused party to enter into recognizance with ono sufficient surety at

the discretion of such Justice for the appearance of the accused party

at the next Sessions of the said Court to take his trial for such third

3 GUL. IV. No. 2

Weights and Measures

offence ; and in default of such surety, it shall be lawful for such

Justice to commit the accused party for trial.

Informations,	16. And be it further enacted that all informations and proceedings in respect of offences against this Act shall be commenced within one calendar month next after the offences thereby respectively charged shall have been committed.
when to be laid
Right of Appeal	17. And be it further enacted that if any person shall think him- self aggrieved by any judgment or conviction made under this Act, such person may appeal therefrom to the next Court of Quarter Sessions of the Peace for the said Colony • which Court shall hear and determine the matter of such appeal, and shall summon all necessary parties and witnesses, and shall make such order in affirm- ance or reversal of the judgment or conviction appealed from, and for payment of the costs of appeal, as to such Court shall seem meet ; and shall enforce such order, if necessary, by distress and sale of the goods and chattels of any person refusing or neglecting to obey such order ; or by imprisonment of any such person for any time not exceeding six calendar months : Provided that notice of such appeal be given by the appellant to the Justice from whose judgment or conviction such appeal shall be made, within three days next after such judg- ment or conviction ; and that such appellant deposit the sum of five pounds with such last-mentioned Justice or enter into a recognizance with two sureties for the purpose of securing payment of the costs of such appeal.
Appropriation of	18. And be it further enacted that all fines, forfeitures and penalties recovered under or by virtue of this Act shall be payable in equal moieties to the use of His Majesty, his heirs and successors, and to the party or parties informing.
penalties

FREDERICK CHIDLEY IRWIN,

LIEUTENANT-GOVERNOR AND COMMANDER-IN-CHIEF.