Weights and Measures Act 1852 No 34a (NSW)
No. XXXIV.
| 'XrsuU!'’’ | to amend the Laws relating to Weights |
and Measures. [2\st December, 1852.]
| Preamble. | 'X^THEKEAS an Act of Council was passed in the third year of |
| W | the reign of His late Majesty King ’William the Fourth |
| 3 Wm. IV. I>To. 4. | ‘m W i v l v d A n A ct fo r establlsliing Standard TVeiglits and Measures and fo r preventing the use o f such as are fa lse and deficient” which said Act docs not apply to Troy Weights and is in other respects insufficient And whereas it is therefore expedient to repeal the same and make other provisions instead thereof Be it therefore enacted hy His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof as follows :— |
| 3 Wm. IV. No. 4 | 1. | The said recited Act shall he and is hereby repealed | Provided |
"otTo^i^terfere with always that nothing herein contained shall extend or he construed to
things already done extend to interfere with any acts done or appointments made under reco°veryr°penaities the authority of the Said Act or to prevent the suing for or recovery itmjer that Act. pf penalty incurred for any offence committed against the pro
visions of the said Act previous to the repeal thereof hereby or to hinder or defeat any prosecution commenoed or to he brought for
such
| 1852. | 16'̂ VIC. | No. 34. | 2555 |
TVeights and Measures.
such offence but all penalties and forfeitures so incurred may he sued for and recovered in the same manner as any penalties and forfeitures incurred under the provisioiis of this Act are recoverable.
2. The several Weights and Measures now deposited in the certain weights in Colonial Treasury at Sydney (a Schedule whereof is hereunto annexed) Trt'fsur^rf'ciaicd to and sucli other Weights and Measures of the Standard of the United be standard.
Kingdom of Great Britain and Ireland as may from time to time he dtiposited therein hy tin; authority of the GoA'crnor either in addition to such Weights and M^easures so noAV deposit'd therein or in substi tution for the same shall l)c there safely kept and shall he the Standard Weights and Measures of New South lAales for the time being.
3. It shall he lawful for the Governor to eause copies and Copies of standards models of the several lUeights and Measures so deposited in the th’o'Gov̂ ern'or*̂ " Colonial Treasury as aforesaid to be carefully made and upon every sucli
copy or model being verified on oath before the Colonial Treasurer (Avliich oath he is hereby authorized to administer) and approved oJ' ])y the said Governor to cause a mark or stamp to l)c legibly impia'ssed or engraven thereon to shew that the same lias been so verified and approved and such mark or stamp .shall consist of such letters and And iiavins iHcn
figures as are commonly used to signify Her Majesty’s name or mark together ivith S.'W. or S.M. signifying Standard Weight or Standard Measure as the case may be and the number of pounds or other denomination of such lAeight or Measuri' and such cojiies or models after hai'ing been so verified approA’ed and marked shall be deposited to be deposited with
with the respective Clerks of the several and respective Ptdty Sessions sllvcwarretty Ses-
appointed to be holden in the said Colony and shall be by them
res])ectively safely and securely kept for the purpose of reference as
hertdnaftcr directed and if any such Clerk shall falsify or otherwise Penalty if ciorkshnii
| Avilfully injure such copies or models so deposited with him as jifoi’esaid | s”ij7copiJs. |
| he shall on conviction before any such Petty Sessions forfeit and pay for every such offence the sum of fifty pounds to be recovered and ajiplied as hereinafter directed. |
4. Provided always that all copies and models already deposited Coides already
with the said Clerks of Petty Sessions under the Act hereby repealed peaiej'Alrto bV̂ '
shall until ealled in by the GoA'ernor be deemed and taken to be deemed sumcient.
legal Weights and Measures for such purpose of reference as aforesaid.
5 . I n case any of the said Standard Weights or Measures or in case of standards
the copies or models thereof shall be lost destroyed defaced or >̂tlier- wise injured another Weight or Measure shall be provided ivith the approbation of the Governor of the same size and lYeight or Measure as the Weight or Measure so lost destroyed defaced or othenvise injured and the same shall thereupon be deemed to be a true and genuine Weight or Measure to all sucli and the like intents and pur poses as the TV êight or Measure which shall have been lost destroyed defaced or injured.
(1. All persons who may be desirous of comparing and adjusting Peisons to inavo
any Weights and Measures shall have access to all such copies and
models of the Standards so deposited as aforesaid at all reasonabh' times on payment of
times on the payment of such fee as is hereinafter mentioned and it “
shall be the duty of the respective Clerks of the several and respectivti
Petty Sessions as aforesaid to compare every such IVeight and Measure cierUs to compare
as shall be brought before them respectively with such copic's or Me.a3 ures”a's*shai?̂
models as aforesaid and ibr every such examination of any such Weight brought iwforc them
or Measure the Clerk Avho shall make the same shall be entitled
demand and receive of the person who shall cause the same to ])c made
the sum of three-pence for every "Weight and Measure so compared and
no more and if any such Clerk shall fail neglect or refuse to comjiaiH; Penalty if they
any such Weights gi;d Measures at all such reasonable times as he
shall
| 255G | No. 34. | 16 ̂ VIC. | 1852. |
Weights and Measures.
shall be thereunto required he shall on conviction before any such
Petty Sessions forfeit and pay the sum of ten pounds.
| Inspectors to be | 7. As soon as conveniently may be after the passing of this |
| uppointed. | Act and from tinu' to time as occasion may require the Justices in their respective Petty Sessions shall appoint one or more persons in their respective Districts to be Inspectors of Weights and Measures for the discharge of the duti(.'s hereinafter mentioned and the Governor |
| vHccrwith Siam | sliall causc to be delivered to such Inspectors good and sufficient ’ stamps for the stamping or sealing Weights and Measures used or to he used in the District for which such Inspectors respectively shall he |
appointed.
| fsgraifwtighuS | M eights and Measuri's whatsoever except as hereinaftcu- |
| Measures to be | cxccpted whicli shall he used for buying and selling or for the collecting |
| torTTmittampeZv" | dutics or for the making of any charges in the con |
| correct. | veyance of any goods or merchandise after the first day of January ont; thousand eight hundred and fifty-four shall he examined and compared with one or more of the copies or models of the Standard "Weights and Measures provided under the authority of this Act or of the said repealed Act hy such Inspectors who shall stamp in sut’h a manner as best to prevent fraud such "Weights and Measuriis when so examined and compared if found to correspond with the said copit'S |
| Exceptions. | Provided always that nothing herein contained shall extend to require any single "W'eight of above fifty-six pounds to he inspected and stamped and that nothing herein contained shall extend to require any woodcai or wicker Measure used in the sale of lime or other articles of the like nature or any glass or earthenware jug or drinking cup though repre sented as containing the amount of any Imperial Measure or of any multiple thereof to he stamped hut any person buying by any vesstd represented as containing tin' amount of any Imperial Measure or of any multiple thereof is hereby authorized to require the contents of such vessel to he ascertained by a comparison with a stamped Measure such stamped Measure to he found and provided hy the person who shall us(' such wooden or wicker Measure glass jug or drinking cup as aforesaid and in case tlû person who shall use such last-mention(.'d Measure or vessel shall refuse to make such comparison or if upon sucli comparison being made such wooden or Avicker Measure glass jug or drinking cup shall he found to be deficient in quantity the person who shall use the same shall on conviction he subject to the forfeitur('s and penalties hennnhefore imposed on any person using light or unjust Weights or Measures. |
| Penalty for using | 9. Prom and after the said first day of January one thousand |
sures not*̂ LthorLod eight luindrcd and fifty-four every person who shall use any Weight or' by Act &c. Measure other than such as shall ha\e been compared and
stamped under the provisions hereof and from and after the passing of this Act CA'ery person Avho shall use any M^eight or Measure other than those authorized by this Act or an aliquot part or multiple thereof or which shall he found hght or otherAvdse unjust shall on coiiA'iction forfeit a sum not exceeding five pounds except in the case of Troy Aveight in Avhich case he shall forfeit and pay any sum not exceeding fifty pounds and any contract liargain or sale made by any such "Vi'eights or Measures shall he wholly null and A oid and CA'ery such light or unjust "Weight or ]\Ieasure shall on being discovered by any Inspector appointed as aforesaid be seized and shall be forfeited.
All articles to be sold 1 0 . All articles sold by Aveight shall be sold by AA'oirdupois
cJrtVs°iierems*tatTd. Weight cxccpt gold silver platina diamonds or other precious stones AAdiich shall he sold by Troy weight and drugs Avhich when sold by retail ma}̂ be sold by Apothecaries’ weight.
The stone hundred^ 11. The AÂ eight denominated a stone shall in all cases consist of r/one stAdirl^” ^ fourteen pounds standard weight Avoirdupois and the weight denomi
nated
| 1852. | 16 ̂ VIC. | No. 34. | 2557 |
Weights and Measures.
nated one hundredweight shall consist of eight such stones and the weight denominatf^d a ton sluill consist of twenty such liundredweiglii Provided always that nothing herein c;ontained shall prevent any bargain sale or contract from being made by any multiple or by sonn* aliquot yjart of the ])ound weight.
12. All Weights which shall Ix' made after the passing of tliis Contents of Weights
Act of tint weight of one pound Avoirdupois or more shall ii<we the number of pounds containtid in every sucli Weight stamped or cast on the to]) or side thereof in legible figures and letters and all Measures ol' capacity whicli shall bt? made after tin; passing of this Act shall have tlu'ir contents denominated stamped or marked on tlu' oiitsidt' of such Mttasures in legible figurcjs and letters.
13. From and after tlic said first day of .January one thousand weights made of
| eight hundred and fifty-four no M'eight made of Laid or pewter or of any | gtainper*̂ ' | ’ |
| mixturt! thereof sliall be st:imped or list'd Provid(;d always that nothing herein contained shall prevent the use of h'ad or pewter or of any mixture thereof in tlie manufacture of IVt'ights if they be wholly and substantially cased with brass copper or iron and legibly stamped or marked “ cased” or shall prevt'nttlu' insertion of such a plug of lead or pewttn- into Weights as shall Ik; ho)idfide necessary for the ])urpose of adjusting them and of affixing thereon the stam]j In'ri'inafter mentioned. |
11. Prom and after the said first day of -lanuary oni' thousand Heaped Measuis
eight hundred and fifty-foiii' tlu' use of the lu'aped Measure shall bi'
abolished and all bargains sales and contracts which shall thereafti'r
| be made after the passing 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 hi' liable to a ])('nnlty not exci'cding forty shillings for every such sale. |
15. And whereas some articles heretofore sold by heaped Articles heretoforu
| Measure are from their size and shapi' incapable of being strickc'ii and Mlls'?u-e*’bow | u |
| from their nature and quality may not conveniently be sold by Aveighl “"id. by a bushel Measure of the standard capacity of‘ eight standard gallons made round with a plain and evtni bottom of tin' depth of nineteen inches and a half from outside to outside or by any multiple or by somt' aliquot part such as the half the c[uarter or the I'ighth part thereof filled in all parfs as nearly to the level of the brim as tlu' size and shape of the articles will admit Provided always that nothing herein contained shall prevent tlu' sale by weight of any article heretofori' sold by Iniaped Measures. |
16. Every Inspector appointed under this Act shall forthwith Recognizance ot
enter into a bond or recognizance to the Quei'u to be sued foi- in any Court of Record in the sum of two hundred pounds for the due and punctual jierformance of the duties of his office and for the safety of the stam])s and copies of the Standard Weiglits and Measures committed to his charge and for theii* diu' restoration and surrendi'r to such person or persons as may he appointed to receive them by the .Justices of the Petty Sessions by which he may havi; been appointed immediately^ on his removal or otliei' cessation of office and every such Inspector shall lie entitled to feijs according to the scale contained in the second Schedule to this Act for every such examination comparison and stamping as is hereby required to be made by him and in case Penalty for counter-
any Inspector of Weights and IMeasures or any other person legally \vvi"htrrî '’Mes-
authorized to examine and stamp any Weights or Measures shall stamp su'es.
any Weight or Measure without duly verifying the same by comjiarison
with a copy of the Standard or shall he guilty of a breach of any duty
imposed iiyion him hy this Act or shall otherwise misconduct himself
in the exeimtiou of his office every such offendi'r shall upon con\ ictioii
forfeit a sum not ('xceeding five pounds for everv such otl'ence.
| ' | 17. |
| 2558 | No. 34. | 16*̂ VIC. | 1852, |
Tl^eights and Measures.
| Power to Justices | 17. It shall he lawful for every Justice of the Peace or for any |
iind Inspectors to
| eater shops &c. and | Inspector authorized in writing under the hand of any Justice of the |
| examine balances | |
| &c. | Peace at all seasonable times to enter any shop store house warehouse stall yard or place whatsoever wherein goods shall he kept or exposed for sale or shall he weighed for purchase conveyance or carriage and there to examine all weights measures steelyards or other weighing machines and to compare and try the same with the copies of the Standard Weights and Measures required and authorized to be |
Penalties for having provided Under this Act and if upon such examination it shall appear
Measurel'̂ of***'̂ that the Said IVeights and Measures are light or otherwise unjust or if
| Balances, | it shall appear that such steelyard or other weighing machine is incorrect or otherwise unjust the same shall be liable to seizure iind the person in whose possession the same shall be found shall upon conviction thereof before any two Justices of the Peace forfeit a sum not exceeding five pounds unless such "VYeights shall be Troy "Weights or such weighing machine shall have been used or shall he such as is f!ommonly used with Troy "Weights in which case such penalty shall lie any sum not exceeding fifty pounds. |
| Penalty on per.TOns | 18. I f anv pppsou sliall wilfullv obstruct hinder resist or in |
| in refusing to jiro- | • | ■ | “ | anywise oppose any or the ptTSons hereby mithorized and empowered |
duee Weights or
| Measures for exami | to view and examine such Balances Weights and Measures in the |
| nation. | execution of his office or if any person selling or retailing or purchasing or charging by "Weight or Mt'asure shall refuse to produce his Balau(;es Weights or Measures in order to be viewed or examined he shall for every such offence on being duly convicted on oath before any tivo or more Justices of the Peace forfeit and pay a sum not exceeding five pounds nor less than forty shillings as such Justices shall adjudge. |
| Penalty for counter | 19. I f any person shall make forge or counterfeit or cause oi- |
| feiting stamps on |
| Weights and Mea | procure to he made forged or counterfeited or knowingly act or assist |
| sures | in the making forging or counterfeiting any stamp or mark now used or which may hereafter be used for the stamping or marking of any "Ŵ eights or Measures under this Act every person so offending shall for every such offence forfeit on conviction a sum not exceeding fifty nor less than ten pounds and if any person shall knowingly sell alter dispose of or expose to sale any Weight or Measure with such forged or counterfeit stamp or mark thereon every person so offending shall foi- every such offence forfeit on conviction a sum not exceeding ten ])ounds nor less than forty shillings and all Weights and Measures with such forged or counterfeited stamps or marks shall be forfeited and broken up and the proceeds thereof shall b(' disposed of in the manner hereinafter mentioned. |
| Adjudleation of | |
| odences. | 20. Any two or more Justices of the Peace in Petty Sessions assembled shall have power and authority to hear and determine in a summary way all offences against this Act and upon the conviction of |
| Application of for | any offender the Justices before Avhom such conviction shall take placi' |
| feitures. | shall cause the amount of the forfeiture Avhich shall be le\'ied or jiaid by virtue of any such conviction to he applied towards the payment of a just and reasonable recompense and satisfaction of such person or persons as shall be appointed to examine Weights and Measures as hereinbefore directed and towards the other expenses of carrying this Act into execution and the residue (if any) shall go to the use of Her |
I f penalties not paid Majesty and in case such penalties and forfeitures Avith the said costs
m'ittej'̂ ̂ charges shall not be forthwith paid it shall Tie lawful for such J ustices or either of them and they and he are and is hereby autho rized and required by warrant under their or his hands and seals or hand and seal to commit such offender to the gaol or houst? of correction for any time not exceeding three calendar months unless the penalties costs and charges in Avhich such offender shall be conAucted shall he sooner paid.
21. ■
| 1852. | 10° VIC. | No. 34. | 2559 |
JFeights and Measures.
21. The Justices of the Peace before whom any offender shall Form of conviction,
he convicted as aforesaid shall causc 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 | hefortt |
| “ us | and | Esquires Justices |
“ of the Peace in and for the said Colony
| “ of | was duly convicted Ix'fore us the said |
| “ Justices for that he the said | on the |
| “ day of now last past at contrary “ to the form of the Acd in Council in that case made' and “ provided (here state the offence) and we the said -lusticc's “ do declare and adjudge that the said | . |
| “ hath for such offence forfeited the said Balances (TVh'ights “ or Mcasun^s as the case may he) and hath also forfehed “ 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 tliis conviction Given under our hands and |
| “ seals at | on the day and year first above |
| “ written.” |
22. All actions for things done in execution of this Act or Protectionto,justices
otherwise hy any Justice or Inspector or any Constable or Assistant to
such Justice or Inspector for effectually preventing the use of Balances oftuis Act.
and Weights and Measures otherwise than in accordance with tlu;
provisions hereof shall he commenced within three calendar months
after the act committed or thing done and not otherwise and notice in
writing of such action and of the causc thereof shall be given to tlu;
defendant one calendar month at least before the commencement of
tlie action and in such action the defendant may plead the general
issue and give this Act and the special matter in evidence at any trial
to he held thereupon and no plaintiff shall recover in any such action
if tender of sufficient amends shall have been made hy or on behalf of
the defendant before such action brought oi' if a sufficient sum of
money shall have been paid into Court hy or on his behalf after such
action brought and before the said cause shall have Ijeen sed down for
trial and if a verdict shall pass for the defendant or the plaintiff hcconn;
nonsuit or discontinue such action after issue joined or if aft(;r
demurrer or otherwise judgment shall be givim against the plaintiff
the defendant shall recover his full costs of suit as between attorney
and client and have the like remedy for tlie same as any defendant has
by law in other cases.
| L — | VOL. | 4 . | SC IIE IJU L E |
| 2560 | 34. | 16« VIC. | 1852. |
JVeights and Measures.
Schedule of Standard W eights and Measures deposited in the
Colonial Treasury Sydney.
STANDARD WEIGHTS.
| A v o ir d u p o is . | T roy | W e ig h t s . |
| Fifty-six | Pounds | Six | Pounds |
| Twenty-eight Pounds | Three | Pounds |
| Fourteen | Pounds | Two | Ponnds |
| Seven | Pounds | One | Pound |
| Four | Pounds | Six | Ounces |
| Two | Pounds | Three | Ounces |
| One | Pound | Two | Ounces |
| One-half | Pound | One | Ounce |
| One-quarter Pound | Ten | Pennyweights |
| Two | Ounces | Five | Pennyweights |
| One | Ounce | Three | Pennyweights |
| Eight | Drachms | Two | Pennyweights |
| Four | Drachms | • | One | Pennyweight |
| Two | Drachms | Twelve | Grains | |
| One | Drachm. | Six | Grains | |
| Three | Grains | |||
| Two | Grains | |||
| One | Grain. |
STANDARD MEASURES OF LENGTH.
One Yard One Foot One Inch.
STANDARD MEASURES OF CAPACITY.
| One | Bushel |
One-half Bushel
| One | Peck |
| One | Gallon |
One-half Gallon
| One | Quart |
| One | Pint |
| % | One-half Pint | |
| ||
| One-half Gill. |
Schedule of Fees.
To he taken hy all Inspectors o f Weights and Measures under the
authority o f this Act.
For examining comparing and stamping all Brass Weights u-ithm their respective jurisdictions.
s. d.
| Each Half Hundredweight ... | ... | ... | 0 9 |
| Each Quarter of a Hundredweight ... | ... | 0 6 |
| Each Stone | ... | ... | ... | ... | ... | 4 |
| Each Weight under a Stone to a Pound inclusive . | 1 |
| Each Weight under a Pound | ... | ... | . | H |
| Each Set of Weights of a Pound and under | . |
For
| 1852. | 16*̂ VIC. | No. 35. | 2561 |
Postage.
For examining comparing and stamping all Iron Weights or Weights of other descriptions
not made of Brass within their respective jurisdietions.
| s. | d. o |
| Each Half Hundredweight | ... | ... | . | ... | ̂ . | 0 |
| Each Quarter of a Hundredwoiglit | ... | ... | ... | ... | 0 | 2 |
| Each Stone | ... | ... | ... | ... | ... | ... | ... | ... | 0 | 1 |
| Each Weight under a Stone . | ... | ... | 0 | Oi |
| Each Set of Weights of a Pound and under | ... | ... | ... | 0 | 2 |
examining comparing and stamping all Wooden Measures within their rcspiectivc
jurisdictions.
s. d.
| Each Bushel ... | ... | ... | ... | ... | ... | ... | ... | 0 | 3 |
| Each Half Bushel | ... | ... | ... | ... | ... | ... | ... | 0 | 2 |
| Each Peck and all under | ... | ... | ... | 0 | 1 |
| Each Yard | ... | ... | ... | ... | ... | ... | ... | ... | 0 | Oi |
| For | examining comparing and stamping all Pleasures of Capacity of Liquids made of |
Copper or other metal loitliui their respective jurisdictions.
S. d.
| Each Five Gallon | ... | ... | ... | ... | 1 | 0 |
| Each Four Gallon | ... | ... | ... | ... | 0 | 9 |
| Each Three Gallon ... | ... | ... | ... | 0 | 6 |
| Each Two Gallon | ... | ... | ... | ... | 0 | 4 |
| Each Gallon ... | ... | ... | ... | ... | ... | ... | ... | 0 | 2 |
| Each Half Galien | ... | ... | ... | ... | 0 | 1 |
| Each Quart and under | ... | ... | ... | 0 | Oi |
0
0
0