Weights and Measures Act 1843 (SA)

ANNO SEXTO

I

No. 13.

By His Excellency GEORGE GREY Esyoire Governor and Commander-ilt.

Chief of Hev Majesty's Prouime of south Australia and i k Deipen-

dencies and Vice-Admiral of the same by and ooith the Advice and

consent of the Leyislative Council.

AN ACT ,for Establishing 8tandard Weights and Measures in

the Province qf South Australia and for the Prevention of

the Use o f such as are False and DeJcient.

HEREAS it is necessary to provide against the use of Preamble.

fraudulent weights and measures in the Province of South Australia and its dependencies and for that purpose to establish certain standards by which all other weights and measures may bc regulated and to prohibit the use of any other weights and rnessures than such as shall agree with such standards: And whcreas certain weights and measures of thc standard now in force and usc in the United Kingdom of Great Britain and Ireland denominated imperial weights and measures (a Schedule whereof marked with the letter A is hereunto annexed) have been deposited in th'e Surveyor- General's office in Adelaide:

several

RE IT THEREFORE ENACTED BY HIS EXCELLENCY GEORG E GREY Certain weighta m d

Esquire Governor and Commander-in-Chief of Her Majesty's ~ ~ $ ~ $ ~ ~ r y

of the same by and with the advice and consent of the Legislative etandard.	Province of South Australia and its dependencies and Vice-Admiral declared to be
Council That the several weights and measures now deposited in the Surveyor-General's office in Adelaide as aforesaid shall be therein safely kept and shall be and they are hereby declared to be the standard weights and measures of the Province of South Australia.

11. And be it further enacted that it shall be lawful for the Copies of suoh etan- dads to be made by

Qovernor of the said Province to cause copies and models of the of the&vemOr,

To be de*ted with several weights and meastires so deposited in the Surveyor-General's

peraom appointed for

that purpose.	office in Adelaide as aforasaid to be carefully made and upon every such weight or nwmure being verified UIJOn oath before: such Governor and approved of by him to cause a mark or stamp to be legibly impressed or eng+veil thcrcon to show that thc same hat11 been so wrificd and appqved anti sirch mark or stmrp sl~all consist, of such lcttcrs and figu1-b as are commonly used to signify Her Majesty's name or mar& togcther with SW or SM signifying standard weight or standkrl measure as the case may be and thr number of pounds or other denomination of such weight or measure and such copies or models after having been so verified approved
and marked shall bc dcpositccl with such persons as t h ~ Governo~
inay appoint for that purpose and shall bp them respecti~ely be safely and securely kept far the purpose of reference as hereinafter directed and such persons 8ppointcd as aforesaid shall at lcnst oncc in every five years' bring and present or for~wrd all such copies and niodels so deposited to the said Surveyor-General's office to be compared and verified as aforesaid and unless such copics anti modcls be so from time to time verified the same s ld l be i~lsufficient for corn-iction on charges of use of false weights and measures and if
Penaltr

Pounds if of any person any person shall falsify or wilfully injure such copies or inodcls SO

s h d falsify or wil-	deposited as aforesaid he or she shall on co~lviction before two or
fully injure such	copies.	more Justices of the Peaco forfeit and pay for every such offence the sum of Fifty Pounds to be rwovcrcd' and applied as hrrcin- after directed.

In case "andards 111. And be it furtller enacted that in casc any of the said

or copies	being lost
others to	be supplied. standard \%+eights or rneasures or the copies or. rnodels thereof shall

be lost destroyed defaced or otherwise injured another weight or measurc shall be provided with the z~pprobation of the Governor for the time being of the same size and wciglit or measure as the weight or measure so lost destroyed or defaced or otherwise injured and the samc shall thereupon be tleerned to be a true and gcnuinc weight or measure to all such and the like intcnts and purposes as t h e weight or measure which qhall lime beeu lost destroyed defaced or injured.

Persons to have IV. And be it further enacted that all persons who may be

access to s u ~ h copir~

at all reuaonnbletinea desirous of conlparing 01' adjusting any weights or measures shall

on w m a l t ~ t a fc .~. have access to all such copies or models of the standard so deposited

as aforesaid at all reasonable times on the payment of such fees ai

are hereinafter mentioned and it shall be the duty of the respective

persons appointed by the' Governor as aforesaid for thc safe and secure keeping of such. copies or mod~ls of the standarc weights and measures for the purposes of rcfcrencc to comyarc

To compare such	eyery such wcight or measure as shall he brought before thexr
~vei hts and measurer	respectively with s ~ c h copies *or models as aforesaid and for every
a88fallbe bmught	such examination of any such weights and measures the persol
before them for that
purpose.	authorised as aforesaid who shall make the same shall be entitled to demand and receive of the person who shall cause the same tc
be made the sum of threepence for every wcight or measure sc

cornparet

compared and no morc and if any person authorised as aforesaid shall neglect or refuse to compare any such weights and measures at all such reasonable times as he shall be thereunto required he ~ ~ ~ ~ f ~, 8 h a 1 -

shall on conviction before two or mole Justices of the Peace if to the said Justices i t shall seem fit forfeit and pay a sum not exceeding Ten Pounds nor less than Ten Shillings to bc recovered and applied as hereinafter directed.

V. And be it further elmctecl that the respective pcrsoiis ap- Regulations to bc ob-

pointrtl hy the Govcrnor as aforesaid for the s& and sccure ingintbeuxecdion served by pwties act-

lrccping of' approved copies and models shall on every weight of thie Act.

and nieasure by them compared and found true affix a proper mark

and stamp to be in that bellalf appointed by the Governor and they

and all persons acting in the execution of this Act shall observe and

conform to the following regulations namely first that no weight or

measure be stamped or inarlrcd unless i t express thc same denomi-

nation of weight or measure as one of the standards second that no

lrnstamped and unmarked weight or measure shall be lrgal for the

purposes of sale or any other commercial transaction excepting glass

vessels earthenware vcssels and casks third that every iron weight

hale only one leaden plug for adjustment as little larger on the

surfkce than the appointed stamp or Inark as may be prarticallp

necessary to reeeivc its imprcssioll fourth that evcry weight be dis-

tinctly marked with words or figures denoting the value of the

weight which it professes to represent fifth that evcry measuw of

capacity made of wood or metal be distinctly marked with words or

figures denoting the value of the capacity which i t professes to repre-

sent and sixtli that every falsc weight wdighing machine or measure

in thc possession of any tradesmair or other person shall render him

liable to a separatc penalty.

Weights made of lead

VI. And whercas the use of weights made of soft materials affords facility to fraud be it therefore enacted that no weights made of lend stal~ped. ,,,,, no, be

pcwtt.1: or of any mixture thereof shall be stampcd or used:

rovided alway that nothing herein containccl shall prevent the use

lead or pewter or o-E any lnixturc thereof in the manufacture of

?eights if they be wholly and substantially cased with brass copprr

iron and legibly stainpcd or marked ' b cased " or shall prcvcnt the

sertion of such a plug of lead or pewter into weights as shall be

nB f ide necessary for the purpose of adjusting them or of fixing

lereon the stamps hcrein mentioned.

Governor may ap-

VII. And be it further ellacted that it slrall be lawful for the poiutper~onstoex-

avernor to appoint one or more fit person or persons who shall aminebalances	weights and measuree.
ve power to examine balances weights and measures within the ovincae of South Australia and who shall bc duly sworn well ancl
thfully to execute the ofice in him or them reposed by virtue of'
ch appointment and of this Act which oath any Justice of the
cace is hereby enqwwered to adluinister.

VITI. And be i t enacted that no maker of or seller of weights No sellcl of

01' R eights and m~asuies

to be appointed in- rpector or examiner of or measures or persons employed in the making or selling thereol

weighta and measuree. shall be appointed an inspector or examiner of weights and

measures under the provisions of this Act and that every inspector and exarnitler shall -forthwith entrr into a bond or recognbancc before any of Her Majesty's Justices of the Peace to the Queen in the sum of One Hundred Pounds sterling for the due and punctual

recognizances.

P w c t o r toenterinto ~erformance of the duties of his officc and for the safety of the

stamps and copies of the Imperial standard weights and measures

committei! to his charge and for their due restoration and surrender

&ambere to to such persons as may be appointed to receive them by the

hops* &C., and seize Governor or other person or persons by whom he may have been	illegal balances,
weight#, or memure#. appointed in manner aforesaid immediately on his removal or other	-

cGGation from office,

IX. And be it further enactcd that it shall and may be lawful to and for the person or persons appointed examiners as aforesaid tc enter in the daytime any shop house mill store or out-house or othel place near to such shop mill store or house and into the stall or standing place of any person or persons within their respective dis- tricts or limits who shall sell by retail and by weight or measure anq wares provisions goods or merehanrlisc or any liquid or dry goods 01 other artides whatsoever and into the cart wheelbarrow or basket oi any hawker or vendor of any such articles and then and there tc search for view and examine all balances and all weights and measures of length and capacity therein and to seize any false or uncqual balance or balanccs and any weight or weights me%

false weights and mea- sure or measures not being according to the standard of tht 'pon

surea to be destroyed. copies or models thereof' and not being stamped or marked a!

hereinbefore is mentioned which shall upon such search bi found therein and to ciebain tlie same to bc produced before an) two or more Justices of the Peace and such Justices are herebg authorised and required to inquire into hear and determine in a summary way all informations matters and things touching sud

And offenders to for- seizures and the person or persons in whose house shop miil storc

feit not exceeding $10 out-house premises stall or standing place cart wheelbarrow 01

nor lean than 69. for

basket any snch false or deficient unstamped or unmarked balancc

false or deficient

weight, &C.

or balances weight or weights measure or measures shall be foum shall upon conviction thereof ipon vicw or confession or upon oati

of one or more credible witness or witnesses forfeit all such f a h

or deficient unstmnped or unmarked balances weights and rneasulsef

which balances weights ancl measures so forfeited shall be brokrll

or otherwise disposed of as such Justices before whom such convio

tion shall have taken place &all order and direct and shall alsc

forfeit and pay for every false or deficient balance weight or rneasllrt

any sum of money not exceeding the sum of Ten Pounds nor lesf

than Five Shillings as the said Justices before whom any sud

person or persons shall be convicted as hereinafter meutioncd

in their discretion order and adjudge together with the costs

charges attending such conviction.

X- And be it further enacted that if any person shall wilfuu?

obetruoting examhtm obstr~c

obstruct hinder resist or in anywise oppose any of the persons hereby ~f"&$$~ibp~

1 authorised and em~owcred to view and examine such balances measures for emmi-

weights and measur& in the execution of his office or if any persons nation,

selling or retailing by weight or measure shall refuse to produce his

or her balances weights or measures in order to be viewed or ex-

amined he or she who shall so offend shall for every such offence on

being duly convicted on oath before any two or more Justices of t.he

Peace forfeit and pay any sum not exceeding Twenty Pounds nor

less than Forty Shillings as such Justices shall adjudge and such

forfeiture or penalty shall be levied recovered and applied in the

manner hereinafter directed.

XI. And be it further tmacted that it shall not be lawful for any KO person to sell by any other than the

person to bargain sell or deliver in payment barter or exchange any stRndard

and

goods warcs merchandise or other thing by any othcr weights or measure.

measures than by such as shall agree with the said standard weights

or measures or the copies or models thereof as aforesaid (except as

hereinafter excepted)-nor so to bargain sell or deliver by any steel-

yard or spring balance or by any unstamped or unmarked weight or

measure upon pain of forfeiting for each qnd every such offence the

sum of Forty Shillings to be recovered and applied as hereinafter

mentioned: Provided however that nothing hcreinbefore contained ~ o t to apply to con-

shall apply to contracts or bargains for the sale exchange or de- &

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livery of any goods wares merchandise or other things bonci fide made ~ c t.

and entered into before the commencement of this Act but that all

goods wares merchandise and other things so contracted and bargained for as la,st aforesaid shall and may be sold and delivered according to the ratio or proportion which the weights and measures in the use of the Colony at the time such eontracts or bargains shall have been made shall bear to the standa~d weights and measures established by this Act.

XII. And be it further enactcd that in every sale barter or ex- Standard for stricken

change of any goods or things by measure (except as hereinafter m"w'

mentioned) the measurc shall be stricken off with a round stick

straight and of the same diameter from end to end.

variation Ee it therefore enacted that the use of the heaped measure abolished. XZII. And whereas the heaped measure is liable to considerable Heaped rneasuro

shall be abolished and all bargains sales and contracts which shall be made after the cvmmerrcernent of this Act by the heaped measure shall be null and void and every person who shall sell any articles by the heaped measure shall on conviction be liable to a penalty not exceeding Forty Shillings for any such sale.

XIV. And whereas some articles heretofore sold by heaped Artides heretofore sold bp heapod

measure are from their size and shape incapable of being stricken and from their nature and quality may not conveniently be sold by wcight be it therefore enacted that all such articles may henceforth be sold by a bushel measure or by any multiple or by some aliquot part filled in all parts as nearly to the level of the brim as the size

and

and shape of the articles sold will admit: Provided always that nothing herein contailled shall prevent the sale by weight of any article heretofore sold by heaped measure.

Adjudioatlon of

offences.

XV. And be it further enacted that any two or more Justices of

the Peace shall have power and authority to hear and determine in

a summary way all offences against this Act and upon the conviction

of any offender or offenders tJlc Justices before whom such convic- tion shall take piace shall cause the amount of the forfeiture or forfeitures which shall be levied or paid by virtue of any such con- viction to bc applied one moiety to the person who shall sue for the same and the other moiety to Her Majesty Her heirs and successors for thc public uses of the Provlncc a.& sipport of the Government thereof.

If penalties be not

paid offenders to be

XVI. And be it further enacted that in case such penalties and forfeitures with the costs and charges shall not be forthwith paid it shall be lawful for such Justices or either of thcm and they nitd lritn are and is hereby authorised and required by warrant under thrir or his hands and seals or hand and seal to commit such offcnder or offenders to the gaol or house of correction for m y t i m ~ not exceeding three calendar months unless the penalties costs and charges in which such offender or offenders shall be convicted shall be sooner paid.

committed.

~ormofconviction.

XVII. And be it further enacted by thc authority aforesaid that the Justices of the Peace before whom any offender shall breon- victed as aforesaid may cause the conviction to be made out in the manner and form following or in any other form to the same effect (mutatis 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 thc

Peace in and for the said of

was duly convicted before us the said Justices for that he thc said

on the day of

now last past at

(here state the offence) contrary to the form of thc Act of Comwil in that case made and provided and we the said Justices do

declare and adjudge that the said hat11

for such offence forfeited the said balances (weights or measures as

the case may be) and hath also forfeited thc sum of

of lawful British money to be applied ss 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	011
the day and year first above written.

b e d i n g S taudi.e;	conviction not to be XVII1. Provided also and bc it furthcr enacted that no proceed-
removed bg cwtiwai ings to be had touching the conviction of any offender or offenders
or otherwise. against

against this Act shall be removed by a writ of certiorari, or by any

other writ or process whatsoever into any other of Her Majesty's

Courts within ttic Province.

I

XIX. Yrovicled always ancl be it further enacted that nothing in Not to apW to the sale of medicines or

this Act contilined ha l l LE dccmed or taken to extend or apply preeioup mnnll or

to thc sale of medicines or precions metals or precious stones nor *tonce-

to the weights and measures bonh Jide used for the sale thereof and

for no other purpose.

XX. Provided always and be it further enactecl that nothing in Act not to extend to

this Act contained shall bc deemed or taken to apply to the weights to,,,	Her Maje~ty'e Cua-
xncl measures now used by Her IMajcsty's Officers in the saiu Province for :r.scertaining any rates or duties payable to Her Majesty ller heirs and SUCCCSSOL'S 11p011 the inlportation into the said Province
of any goods wares mcrchandise or other thing or upon spirits dis-
tilled therein unless Her Majesty's pleasure shall be first had and signified and as soon as conveniently rnay be thereafter it shall be lawful for thc Govcrnor of the said Colony for the time being to cause accurate tables to be prepared and published ill order that the several rates and duties may bc adjusted and made payable according to the respective stanc1arcis of ~rveight and measure established by this

Act and that immectiat~ly from and after the publication of s~lch

tables the several rates and duties thereafter to be collected by Her Majesty's said Officers shall be collected and taken according to the calculations in the tilbles to be prepared and published as aforesaid.

l

XXI. And he it e~iacted that wery enactment and provision and ~ ~ ~ ~ ~ $ ~ ~ ~ h m

every by-law order and regulation TV hereby power may have been weights md meaaares.

given to any person or body corporate or politic for or concerning

the regulation of wcights and measures other than the persons

appointed under and acting in the execution of this Act shall be and

the same are hereby r~pcaleri.

XXII. And be it further enactecl that this Act shall commcnce Commencement of

and take effect from and after the passing thereof so far as regards A C ~.	the deposit of standards the verification of copies and models and
the appointment of persons for carrying this Act into execution
and in all other respects the said Act shall commence and take effect from and after i.t day being two months from and after the first notification in the South Aust~alian. Govern~en t Gazette of the appointment of any such person.

G. GREY,

Governor, $outh Anstralia.

1

Passed the Legislative Council this Bightcenth

day of February One Thousand Ei'ht

fhtnd~ed and Forty-three.

A. 31. MUNDY,

Clerk of Council.

SCHEDULE

SCHEDUZE REFERRED TO.

List of Standard Weighta and Measures deposited in the Surveyor-General's

Office, Adelaide: -

STANDARD WBIOHTS. STANDARD MEASURES O F CAPACITY,

Fifty-six pounds One bushel

Twenty -eight pounds One half bushel

Fourteen pounds	One peck
Seven pounds	One half peck
Four pounds	One quarter peck

Two pounds	-	One gallon
One pound	One half gallon
Eight ounces	One quart
Four ounces	One pint
Two ounces	One half pint
One ounce	One gill
Eight drams	One half gill
Pour drams Two drams One dram.

Standard-Measuring Rod

Adelaide : By authority, E. ~PILLEB, Acting Government Printer, North-tenuce.