Weights and Measures Act 1832 No 19a (NSW)

No. IV.

W e ig h t s and

A ll A ct for establish ing’ Standard W eig h ts and

M easu kes .

M easures and for p reven tin g th e rise o f such as are false and delicient. [24^/i August, 1832.]

Preamble. T V rilE R E A S it is ncccssai’y to provide against the use of frauduhint

\ V weights and measures in New Soutli Wales and its Dependen­

cies and for that ])urpose to establish certain standards hy which all other weights and measur(!S may he regulated and to prohibit the use of any other -weights and measures than such as shall agree with such standards And wliercas certain weights and measures of the standard now in force and in use in the IJiiited Kingdom of Great Britain and 1 reland denominated imperial weights and measures (a Schedule whereof marked with tlie letter A is hereunto anne^xed) have been deposited in the Colonial Treasury in the Town of Sydney Be it therefore enacted by l l is Excellency the Governor of New South Wales with the advice of the

Ceitiiin weights ami Legislative Council thereof Thai the said several weights and measures

jneasuies in the "

now

1832. 3̂ GUL. IV. No. 4. 335

IFeigJits and Measures.

now deposited in the Colonial Treasury in Sydney as albrcsaid shall he fioioniai Treasury

there safely kept and shall he and they are hereby declared to he

the standard weigdits and measures of Xew South Wales. ' ’

2. And he it further enacted That it shall he lawful for the Copies of such

Covernor of the said Colony to cause copies and models of the scA eral

weights and measures so deposited in the Colonial Treasury iu Sydney Governor

as aforesaid to he carefully made and upon every such weight (u-	'
measure being verified upon oath before such Governor and approved

of hy him to cause a mark or stamp to he legibly im})rcssed or .

engraven thereon to shew that the same hath been so verified and velwnnrami

a])proved and such mark or stamp shall consist of such letters and

hgurcs as are commonly used to signify Ilis Majesty’s name or mark

together with S. W. or S. M. signifying standard weight or standard

mensure as the case may he and the number of pounds or other

dcmoinination of such weight or measure and such copies or models '’‘/I'Tositeii with

after having been so verified approved and marked shall be deposited Lverai'petty sls-

Af ith the respective Clerks of tlic several and respective Petty Sessiojis

appointed to be holden in the said Colony and shall he hy them

respectively safely and securely kept for tlui purpose of reference as

liereinaftcr directed And if any sucli Clerk shall falsify or otherwise if ('lerk

wilfully injure such copies or models so dejiosited Avith him as afore- fuijy iiljuro s’ucir

said he shall on conviction before any such Petty Sessions forfeit and

j)ay for every such offence the sum of fifty pounds to he recovered and

applied as liercinafter directed.

3. And he it further enacted That in case any of the said in cuse of standards

standard Avcights or measures or the copies or models thereof shall he lost destroyed defaced or otluauvisc injured another Aveight or measure shall he provided Avith the approbation of the Governor for the time- heing of the sanu; size and Avcight or measure as the Aveight or measure so lost destroyed defaced or otherAvise injured and the same shall thereujion he deemed to he a true and genuine weight or measure to all sucli and the like intents and purposes as the AA'cight or measure Avhich shall liave been lost destroyed defaced or injured.

4. And lie it further enacted That all persons Avho may ho rm-sons to have

d(!sirous of comparing and adjusting any AÂ cights and measures shall

have access to all such copies and models of the standards so depo- payment of

sited as aforesaid at all reasonalde times on the payment of such fee

as is hereinafter mentioned and it shall he the duty of the respective clerks to compare

Chirks of tlie several and respective Petty Sessions as aforesaid (such mctk'rcŝ as he

Clei’ks rcs])cctively having been first duly sAVoru before such Sessions hrou-iit before them

Avell and faitlifully to execute the trust reposed in them) to eomjiare^'”

every such Aveight and measure as shall lie brought before them respectively with such copies or models as aforesaid and for every sueli examination of any sueli Aveight or measure the Clerk avIio shall make the same shall be entitled to demand and rcceiA'c of the person who shall cause the same to be made the sum of three-pence for every

Aveight and measure so compared and no more And if any such Clerk Penalty if they

shall fail neglect or refuse to compare any such Aveights and measures	of
at all such reasonable times as he shall be thereunto required he shall on conviction before any such Petty Sessions forfeit and pay the sum of ten pounds to be recovered and applied as hereinafter directed.

5. And be it further enacted That as soon as conveniently may Persona to he ap-

be after the commencement of this Act or Ordinance the .Tustices in balancL̂ wdsiItg"*̂

their respective Petty Sessions and any single J ustice of the Peace	mcaamca.
Avhere there shall he no Petty Sessions appointed to be held shall and
they are hereby respectively directed to appoint one or more person or persons in their respective districts Avho shall have poAver to examine the balances Avcights and measures Avithiu their respective districts
and limits who shall be duly sworn Avell and faithfully to execute the

office

336 N o. 4. G UL. lY . 1832.

Weights and Measures.

office in him or them reposed hy virtue of such appointment and of this Act or Ordinance u hich oath the said Justices or Justice are hereby rcs])ectivcly directed and empowered to administer.

Examhicrs when " 6. And hc it furtlicr enacted That it shall and may he lawful to

&ranci*s"lillaisê * pci’son 01’ pcrsous SO to 1)0 appointed examiners as aforesaid or ciefieient haiances and they ai’c hereby required as often as such Justices in Petty Sessions iTieasurer '* respectively or singde Justices where there shall hc no Petty Sessions

respectively shall direct in the day-time to enter into the shop house mill store out-house and other places near to such shop mill store or

house and into the stall or standing-place of any person or persons

within their respective districts or limits who shall sell hy retail and hy weight or measure any wares provisions goods or merchandise or any liquid or dry goods or other articles whatsoever and then and there to search for view and examine all balances and all weights and measures of length and capacity therein and to seize any false or unequal balance or haiances and any weight or Aveights measure or measures not being according to the standards or the copies or models thereof as hereinbefore is mentioned Avhich shall upon such search he found therein and to detain the same to hc produced before the next Petty Sessions Avhich shall he holden for the district or place within which any such balance Aveight or measure shall haA’e been seized as aforesaid or in ease there shall happen to be no Petty Sessions appointed Avithin such district or place at the nearest place appointed for holding Petty Sessions and such Justices arc hereby respectively authorized and required to cnqidre into hear and determine in a summary Avay all informations matters and things touching such seizures and the person or persons in aa'I io sc shop house mill store­ house out-house premises stall or standing-place any such false or deficient balance or balances Aveight or Aveights measure or measures shall be found shall upon eonA'iction thereof upon vicAV or confession or uj)on the oath of one or more credible Avitness or witnesses forfeit all such false and deficient balances Avcights and measures which balances

And iipnn conviction Â	cights and mcasurcs so forfeited shall he broken and otherAvise
false weights ami

measures to be	disposed of as such Justices before whom such conviction shall have
tlestroyed and od'en-
der to forfeit not	taken place shall order and direct and shall also forfeit and pay for
exceeding 40s. nor	CÂ ery such false and deficient balance weight or measure any sum of
less than 5s.	money not exceeding the sum of forty shillings nor less than five shillings as the said Justices before Avhom any such person or persons shall be convicted as hereinafter mentioned shall in their discretion order and adjudge together Avith the costs and charges attending such conAuction.
Penalty on persons

obstructing ex- 7. And be it further enacted That if any person shall Avilfully

juniiicrs or refusing	obstruct hinder resist or in anyAvise oppose any of the persons herel)y
to produce balances
weights or measures	authorized and empoAvered to A’ieAV and examine such balances Avcights
for examination.	and mcasurcs in the execution of his office or if any person selling or retailing hy Aveight or measure shall refuse to produce his or her balances Aveights or measures in order to bevicAved or examined hc or she Avho shall so offend shall for CA cry such offence on being duly con­ victed on oath before any two or more Justices of the Peace forfeit and pay any sum not exceeding five pounds nor less than forty shillings as such Justices shall adjudge and such forfeiture or penalty shall be levied and recovered in the manner hereinafter directed.
No person to sell by

any other than the 8. And hc it further enacted That from and after the first day

standard weights	of March one thousand eight hundred and thirty-three it shall not
and measures.	be laAvful for any person to bai’gain sell or deliver in payment barter or exchange any goods wares merchandise or other thing by any other Aveights or measures than by such as shall agree Avith the said standard Aveights and mcasurcs or the copies or models thereof as aforesaid (except as hereinafter excepted) u])on pain of forfeiting for each and

every

1832. 3' GUL. IV. No. 4. 33T

JFeiglits and Measures.

every such offence the sum of forty shillings to he recovered and

ap])lied as hereinafter mentioned Provided however that nothing- Not to apply to

hereinbefore contained shall apply to contracts or bargains for the sal(' pr"viou!i1/t» cmexchange or delivery of any goods wares merchandise or other thing mcnccment of Act. hand fide made and entered into before the said first day of March one

thousand eight hundred and thirty-three hut that all goods wares merchandise and other thing so contracted and bargained for as last aforesaid shall and may he sold and delivered according to the ratio or proportion which the weights or measures in use in the Colony at the time such contracts or bargains shall have been made shall hear to the standard weights and mcasurcs established by this Act or Ordinance.

9. And be it further enacted That in every sale barter or staniiani for hcapeii

exchange of any goods or things which shall he contracted and agreed to be delivered by heaped measure the bushel measure which shall be used being of standard capacity as aforesaid shall be made round with a plain and even bottom and shall be nineteen inches and a half-inch from outside to outside of such standard measure and shall be heaped up in the form of a cone and such cone shall be equal in height to at least three-fourths of the depth of the said measure and the outside of the said measure shall be the extremity of the base of the cone and the measure of all fractional parts and multiples of a bushel shall also be made round and the diameters of such measure shall be at least double the depth thereof.

10. And be it further enacted That in every sale barter and For stricken

exchange of any goods or things which shall not be contracted op agreed to be delivered by heaped measure the measure shall not be heaped but shall be stricken with a round stick or roller straight and of the same diameter from end to end.

11. And be it further enacted That any two or more Justices Acijuaication of

of the Peace in Petty Sessions assembled shall have power and atitliority to hear and determine in a summary way all offences against this Act or Ordinance and upon the conviction of any offender or Application of

shall cause the amount of the forfeiture or forfeitures which shall be

levied or paid by virtue of any such conviction to be applied towards

the payment of a just and reasonable recompense and satisfaction of

such person or persona as shall be appointed to examine balances

weights and measures as hereinbefore directed and towards the

otlicr expenses of carrying this Act into execution and the residue

(if any) shall go to the use of His Majesty ll is Heirs and Successors

And in case such penalties and forfeitures with the said costs and i f penauiesko

charges shall not be forth-with paid it shall be lawful for suclr

offenders the Justices before whom such conviction shall take place forfeitures, and required by warrant under their or his hands and seals or liand and seal to commit such oflcnder or offenders to the gaol or house of correction for any time not exceeding three calendar months unless the penalties costs and charges in which such offender or offen­ ders shall be convicted shall be sooner paid.

1 2 . And be it further enacted hy the authority aforesaid That Form of convfotion.

the Justices of the Peace before whom any offender shall be convicted as aforesaid shall cause the conviction tp be made out in tlie mtuiin'r and form following or in any other form to the same effect {nmlalis mutandis) that is to say—

Be it remembered That on the day of

one thousand eight hundred and

at before us and

Esquires Justices of the Peace in and for

the said Colony of was duly

2 u convicted . '

338 N o. 4. 3<̂ G U L. IV . 1832.

Weights and Measures.

convicted before us the said Justices for that he the said

on the day of

now last past at contrary to the form of the Act in Council in that case made and provided {here state the offence) and we the said Justices do declare and adjudge that the said

hath for such offence forfeited the said haiances {weights or measures as the case may be) and hath also forfeited the sum of of lawful British money to he applied as the said Act directs and the further sum of

of like lawful money for the reasonable costs and charges

attending this conviction.

Given under our hands and seals at on the

day and year first above written.

Proceedings touch­

ing conviction not 13. Provided also and be it further enacted That no proceedings

to be removed hy	to be had touching the conviction of any offender or offenders against
ccrliorari or other­
wise.	this Act shall be removed by writ of certiorari or by any other writ or process Avhatsocver into any other of His Majesty’s Courts within the Colony.

Act not to extend to Provided always and he it furtlicr enacted That nothing in

His Majesty S i t • a . r~\ n i n i 1 1 J 1 i

Customs. this Act or Urdmance contained shall be deemed or taken to apply to the w'eights and measures now used hy ll is Majesty’s Officers in the said Colony for ascertaining any rates or duties payable to Ills Majesty His Heirs and Successors upon the importation into the said Colony of any goods wares merchandise or other thing or upon spirits distilled therein unless His Majesty’s pleasure shall he first had and signified to such effect And in case His Majesty’s pleasure shall he so had and signified and as soon as conveniently may be thereafter it shall he lawful for the Governor of the said Colony for the time-being with the advice of the Executive Council to cause accurate tables to be prepared and published in order that the several rates and duties may he adjusted and made payable according to the respective standards of weight and measure established hy this Act or Ordinance and that immediately from and after the publication of such tables the several rates and duties thereafter to be collected by His Majesty’s said Officers shall be collected and taken according to the calculations in the tables to be prepared and published as aforesaid.

of medmiue^^ ̂ always and be it further enacted That nothing in

prt!ciou.s metals or	tliis Act 01' Ordinance contained shall be deemed or taken to extend or apply to the sale of medicines or precious metals or precious stones nor to the weights or measures bond fide used for the sale thereof and for no other purpose.
Commciicomcnt of
Act.	16. And be it further enacted That this Act or Ordinance shall commence and take effect from and after the first day of March one thousand eight hundred and thirty-three.

SCHEDULE

1832, 3̂ ̂ GUL. IV. No. 5. 339

Scab in Sheep.

SCHEDULE A. KEEEREED TO.

L I S T o f Standard IVeiglUs and Measures deposited in the Colonial

Treasury Sydney.

STANDARD WEIGHTS.

Fifty-six Pouiuls

Twenty-eight Founds

Fourteen Pounds

Seven I’ounds

Four Pounds

Two Pounds

One I’ound

One-half I'ound

()no-(juartcr Pound

Two Ounces

One Ounce

Eight Drams

h’our Drams

Two Drams

One Dram.

STANDARD MEASURES OF LENGTH.

One Yard One Foot One Inch.

STANDARD MEASURES OF CAPACITY.

One Bushel

One-half Bushel

One I’eck

One Gallon

One-half Gallon

One Quart

One Pint

One-half Pint

One Gill

Oiie-half Gill.