Weights and Measures Act 1885 (SA)

ANNO QUADRAGESIMO OCTAVO ET QUADRAGESIMO

NOK0

No. 349.

An Act to consolidate and amend the Law relating to Weights and Measures in the Province of South Australia.

[ A s s e m k d to, Decelnder rrth, 1885.1

IIEREAS it is expedient to consolidate and amend the law Preamble.

relating to weights and measures in the Province of South Australit-Be it therefore Enacted by the Governor of the said province, with the advice and consent of the Legislative Council ancl House of Assembly of thc said province, in this present Parlia-

men t assern bled, as follow K :

accordingly: The

1, This Act may be cited as " The Weights and Measures Act, Short title.

1885."

2, This Act shall not come into operation until the first day of c,,,,,,,,,,t.

January, one thousanrl eight hundred. and cigl~tysix, which day is

hereinafter refkrred to as the cornmericernerlt of this Act.

3. In this Act, unless the context otherwise requires:	Definitions.
The expression '' stamping " includes casting, engraving, etching, branding, or otherwise marking in such mauner as to be, so far as practicable, indelible; and the expression '' stamp "

and other expressions relating thereto shall be co~~strued

48" & qgo VICTORIE, No. 349.

The Weights and Measures Act.-1885.

The expression " coin weight" means a weight used, or intended

to be used, for weighing coin.

Parts. 4, This Act shall be divided into four Parts--

PART I.-Law of Weights and Measures:

PART I.

PART I.

--

LAVT OF WEIGH'L'S AND MBASUREY.

Uniformity of' Weiyhts and Mcasur~s

Uniformity of

weights and mea- 5, 'l'he same weiglits and measures shall be used throughout the

sures.	said province.
Standards of measure

and weight. 6. A yard measure and n. lht inum weight, morc particularly

described in thc First Sclmlule to this Act, shall, so soon as plaac- ticable, be obtained by the Commissioner of Crown 1,antls and deposited in the office of the Surveyor-General, and placed in

the custody of the said Comrnissioner. and shall, so soon as

obtained, and aftcr notice thcreof shall 11avc been lmblished ill thc Government Gazette by the said Commissioner, be the standards of measure and weight for the Province of South Australia; and the said yard measure shall be the stanclard for cletwmining the standard yard fbr the mid province, and the said platinum weight shall bs the standard for dctmnining the stsndard pound for the said province.

Restoration of

standards. 7, If at any time either of the above standards of measure and

weight for the said province is lost, or in anv ~nariner destroyed, defaced, or otherwise injured. the ~orumission& of Crown L&& shall, so soon as practicable, relllace it by obtaining and depositing

a similar new standard of measure or weight, as the case may require,

in the said office of the Surveyor-General.

Government standards 8,

Thc Comrnissioner of Crown Tlancls sEiall, so soon as practicable, obtain the standards of measure and weight mentioned in the Secold Schedule to this Act, and which shall be deposited in the said office of thc Surveyor-General, and shall be derived from the standards for the said province, and which shall, aftcr notice thereof bc pub- lished in the Government Gazette, be the Government standards of measure and weight.

of measure and

weight.

If at any time any of such Government standards is lost, or in any

manner destroyed, defaced, or otherwise injured, the Commissioner

of

48" & 49' VICTORIE, No. 349.

... - -- - - -..

The Weights and Measzwes Act. -1 88 5.

of Crown Lands shall, as soon as possible, replace it by obtaining	- -	PART 1.
and depositing in the said office of the Surveyor-General a similar new standard, which shall be verified by reference to one of the standards of the said province.
The Commissioner of Crown T,ands shall *from time to time causc such new denominations of standards, being either cquivaw lent to 01. multiples or aliquot parts of the standards of weights and measures for the said province ascertained by this Act, or being equivalent to or multiples of e x h coin of the realm for the time being, as appear to him to be required, in addition to those mentioned in thc Second Schedule to this
to he made and duly verified; and those n c w denominations of stnntlnrds, wlien npprovcd by the Governor, shdl be standards in like rnamrr as if they were mcntioncd in the said schedule.
I t shdl be lawfkl for the Governor to declare that n standard for the tirne heing of any denomination, whether mentioned in the said schedule or approved by him, shall cease to be such a standard.
Such standards as are equivalent to or multiples of any coin of the realm for the time hcing shall bc standard weights for determining the justness of the weight of and for weighing such coin.

9. The stanhrds of measure and weight which are at the corn- . L O C ~ ~ standards of

mcnccment of this Act legally in we by inspectors of wcights and measures for the purposc of verification or inspection, and all copies of the stinciards for the said province which after the comrnence- ment of this ,4ct are verified by the Commissioner of Crown Lands for the purpose of being used by inspectors of weights and measures under this Act as standards for the verification or inspection of weights and measures, shall be called local standards.

10, The present standard wcights and measures for the said prol Present standard

vince deposited with the Surveyor-Gmleral, at his office, under Ordi- ~ ~ h ~ ~ ~ ~ ~ ~ ~ s

nancc NO. 7 of 1845, shall be and corltinue to be the standard weights ureights and measures until now ones shall

and measures in use in the said province until the weights and measures be ,btai,a by

mentioned in this Act shall be obtained by the Commissioner of ~ommissionerof

Crown Lands.

Crown Lands, and notice thereof published in the Government Gazette. lluring such period all the provisions of this Act shall be read, construed, and have effect, so far as applicable, as if the prcsent standard weights and measures so deposited with the Surveyor-General had been referred to therein in place of the new weights and measures required by this Act to be obtained by the Commissioner of Crown Lands.

Measures o f Length.

11, The straight line or distance marked as a yard, or purport- Standard yard.

ing to be a yard, at a certain temperature, and under certain tests and conditions on the yard mcasuro, to be procured i n accordance with this Act, and described in the First Schedule to this Act, and by this Act declared to be the standard for determining the

standard

4 48" & 49O VICTORIAE, No. 349.

- -. -p--- -- -. .-

The Weights and Measayes Act.--1885.

PART I. standard yard measure shall be the legal standard measure of length, and shall be called the standard yard, and shall be the only unit or standard measwc of extension from which all other measures of extension, whether linear, superficial, or solid, shall be ascertained.

Linear measures 12. One-third part of the standard yard shall be a foot, and the

yard. derived from standard twelfth part of such foot shall be an inch, and thc rod, pole, or perch

in length shall contain five such yards and a half, and the chain shall contain twenty-two such yards, the furlong two hundred and twenty such yards, and the mile one thousand seven hundred and sixty such yards.

Superficial meaaures	13, The rood of land shall contain one thousand two hundwd
derived from the

standard yard. and ten square ~7ards according to the standard ya,id; and the acre of land shall contain four thonsaml eight hundred and forty such square yards, being one hundred and sixty square rods, poles, or perches.

Measures qf Weight and Capacity.

Standard pound.

14. The weight in vacuc", of the platinum wcight (nicntioned in the First Schedule to this Act), and by this ,Act declared to be the standard for determining the standard punt i, shall be the legal standard measure of weight, and of measure having rcfcrencc to weight, and shall Ino caller1 the standard pound, and shall be the only unit or standard measure of wcight from ~vhich all other weights and all measures having reference to weight sliall bc ascer- tained,

weightsderivedfrom

standard pound. 15. One-sixteenth part of the standard pound shall be an ounce,

and one-sixteenth part of such ounce shall be a dram, and one seven-

thousandth part of the standard pound shall bc a grain.

A stone shall consist of fourtecn standard pounds, and a hundred- weight shall consist of cight such stones, and :t ton shall consist of

twenty such hundredweights.

Four hundred and eighty gra'ins shall Fe an ounce troy.

All the foregoing weights, except the ounce troy, shall be deemed to be avoirdupois weights.

Measures of capacity. 16, The unit or standard measure of capacity from which a11 other measures of capacity, as well for liquids as for dry goods, shall be derived shdll be the gallon containing ten standard pounds weight of distilled water weighed in air against brass weights, with the water and the air at the temperature of sixty-two degrees of Fahrenheit's thermometer, and with the barometer at thirty inchee.

The quart shall be one-fourth part of the gallon, and the pint

shall be one-eighth part of the gallon.

Two gallons shall be a pcck, and eight gallons shall be a bushel,

aud eight such bushels shall be a quarter, and thirty-six such bushels

shall be a chaldron. 17. A

48" & 4 9 O VICTORIS, No. 349.

The TVeQhts and Measures Act.- l b85.

17. A bushel for the sale of any of the following articles, ~ a ~ ~ l e l y, PART I.

lime, fish, potatoes, fruit, or any other goods and things which (before M,,,,, of , & ~ ~ i t p

the passing of an Ordinance in the sixth year of the reign of Her fur f ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ y

sold by heaped mea-

Majesty Queen Victoria, being No, 13 of 1843, and intituled " An sure.

Act for the establishmerit of standard weights and measures in the

Province of South Australia, and for the prevention of the use of

such as are false, and deficient," that is to say, the 18th day of Feb-	0
ruary, 1843) were commoiily sold by heaped measure; shall be a hollow cylinder having a plane base, the internal diameter of which shall be double the internal depth; and every measure ased for the sale of any of the above-mentioned articles which is a multiple of' a bushel, or is a half bushel or a peck, shall he made of the same shapc and proportion as the above-mentioned bushel.

18. 111 using measure of capacity, thc same shall not be heaped, Measure of ca~ac i t~. when used to be

but either sllsll he stricken with a ro~ulcl stick or roller, straight, and ,,icken or filled

of the same tlittme ter. from cnd to end, or, if the article sold cannot from its size or shape be convcniently stricken, shall be filled in all parts as nearly to the level of the brim as the size and shape of the article will admit.

19, Every coutmct, bargain, sale, or dettling, made or had in the Trndc contracts,saIes, dealings, &C., to be in

said province fbr any ~ o 1. k ~ goods, wares, or merchandise or other ,,,,,,~ standard

thing- which has heeh or is to be done, sold, delivered, carricd, or weights or measures.

agreed for by weight or measurc, shall be deemed to be made and

had according to one of the standarci weights or measures ascer-

tained by this Act, or to some multiple or part thereof, and if not so

made or had shall be void; and all tolls and duties charged or

collected accorcling to weight or rneasurc shall be charged and

collcctcd according to one of the standard weights or measures

ascertained by this Act, or to some multipleor part thereof.

dutics as is in this section mentioned is in this Act referred to under Such contract', bargain, sale, dealii!g,.and collection of tolls and the term

trade."

Xo local or customa,ry measures, nor the use of the heaped measure, shall be lawful.

Any persoil who sells by any denomination of weight or measure

other than one of the standard weights or mcasures, or some

multiple or part thereof, shall be liable to a fine not exceeding Forty

Shilli~lgs for every such sale.

This section shall not apply to any contract: bargain, sale, or dealing made or had by any person in the said province with any person carrying on business in any other country in the course of such business according to the legal weights and measures of such country.

20. All articles sold by weight shall be sold by avoirdupois Saleby avoirdupois weight, with encep-

weight. except tliat- (' 1 ) Gold tion.

The Weights and Measures Act.--1 885.

(1.) Gold and silver, and articles madc thereof. including gold and silver thread, lace, or fringe, also platinum, diarnonds,

and other precious metals or stones, may be sold by the

ounce troy, or by any tlecirnal parts of such ouncc: and all contracts, bargains, salcs, and dealings in relation thereto shall be decmed to be madc and had by such weight, and when so made or had shall be valid; and

(2.) Drugs, when sold by retail, may be sold by apothecaries

weight.

Xvery person who acts in contravention of this section shall be liable to a fine not exceeding Five Pounds.

Exception for sale of 21. Nothing in this Act shall prevent thc d o, or subject a person

article in vessel not	to a fine mder this Act f o ~	the sale of, an article in any vcssel, wlirre
represented as being

of standard or local	such vessel is not represented as containing any amount of standard
measure.	measure, nor subject a person to a fine under this Act for the posscs- sion of a vessel, wherc it is shown that such vessel is not used nor intended for use :ls a measure.

Penalty on use or	22. Every person who uses or has in his possession for use for
poasessionof unau-

thorised weight or	trade a weight or measure which is not of the denomination of some
measure.	Governrner~t standard herein rcferrerl t o shall bc liable to a fine not exceeding Fivc Pounds, or, in the case of a secoilcl offence, Ten Pounds, and the weight or measure shall he liable to bc forfcited.

Penaltp on use or	23. Every person who uses or has in his possession for use for
possession of unjust

measures, weights.

trade any weight, measure, scale, balance, steelyard, or weighing

balances, or weighing

machine which is false or unjust shall be liable to a fine not excced-

machines.

ing Five Pounds, or, in the caee of a second offence. Ten Pounds; and

any contract, bargain, sale, or dcaling made by the same shall be

void, and the weight, measurc, scale, balance, or steelyard shall be

liablc to be forfeited.

penalty for fraud in 24. Whcre any fraud is wilfully cvmmitted in the using of any weight, measure, scale, balance, steelyard, or weighing machine, the person committing such fraud, and every person party to the fraud, shall be liabie to a fine not exceeding Five Pounds, or, in the case of

lieight, mea-

sure, balance, &c.

a second offence, Teu Pounds, and the weight, measure, scale,

balance, or steelyard shall be liable to bc forfeited.

Penalty on sale of 25. A person shall not wilfully or knowingly make or sell, or Every person who acts in contravention of this section shall be liable to a fine not exceeding Ten Pounds, or, in the case of a second offence, Fifty Pounds.

false mea-

sure, balance, &c.

cause to be made or sold, any false or unjust weight, measure, scale,

balance, steelyard, or weighing machine.

Stamping and TTeiij?cation of Weigh tr; and Measures.

26, Every weight, except wherc the small size of the weight

~ttmping of weighb

renders

4.8' & 49° VICTORIE, No. 349.

The Weights and Measures Act.-1 83 5.

renders it impracticable, shall have the denomination of such weight PAET I.

stamped on the top or side thereof	in legible figures and letters.	and meaeures with
denominations.

Every measure of capacity shall have the denomination thereof

stamped on the outside of such measure in legible figures and letters.

-4 wpight or measure not in conformity with this section shall not

be stamped with such stamp or verification under this Act as is

hereinafter mentioned.

27. Every measure and weight whatsoever used for trade shall stamping of vwriflca-

be verified and stamped by an inspector with a stamp of verification ondneights.	hen on measures
under this Act.
Every person who ilscs or has in his possession for use for trade any measure or weight not stamped as required hy this section shall be liablc to a fine not exceeding Five Por~nds, or, in the case of a second offence, Ten Pounds, and shall be liable to forfeit the said measure or weight; arid any contract, bargain, sale, or dealing made by such measure or weight shall be void.

28. A weight made of lend or pewter, or of any mixture thereof. z:h"tr;.pewter

shall not be stamped with ;I starrip of vt~ification or used for trade, unles.; it be whoily and substantially cased with brass. copper, or iron, and legibly stainperl or rnarlrcd " cased."

Providcci that nothing in this section shall prcvent the insertion

into a, weight of such a plug of lead or pewter as is bonri$dr neces-

sary for t l ~ e purpose of adjusting it and of affixing thereon the stamp

of verification.

A person guilty of anv offence against or disobedience to the provisions of this section ;hall be liable to a pcnaltv not exceeding Five Pounds, or, in case of a second offence, Ten ~o;nds.

29, The Commissioner of Crown Lands shall cause to bc verified Stamping of verifica- tlon on welghts for

and stamped every coin weight not l ~ s s

of the lightest coin for the time being current, Nith a mark of veri- in weight than the weight ,,in.

fication under this Act, and otherwise the same shall not be deemed

a just weight for determining the weight of gold and silver coin of

the realm.

Every person wlm uses any weight declared by this section not to

be a just weight shall be liable to a fine not exceeding Fifty Pounds.

30, If any person forges or counterfeits any stamp used for the Forgery, &C., of

stamping under this Act of itny measure or weight, or used before	etamps on measures
the cornmenccment of this Act for the stamping of any measure or weight, under any enactment repealed by this Act. or wilfully increases or diminishes a weight so stamped, he shall he liable to a fine not exceeding Fifty Pounds.
Any person who knowingly uses, sells, utters, disposes of, or exposes for sale any measure or weight with such forged or counter-
feit stamp thcreon, or a weight so increased or diminished, shall be
liable to a fine not exceeding Ten Pounds, All

48" & 49' VICTORIE, No. 349.

The Weights nlul Measures Act.--1885.

PART I. All measures and weights with any such forged or counterfeit

stamp shall be forfeited.

PART 11. PART 11,

ADMINISTRATION.

(a.) Central.

Commissioner of Cro'wn Lands.

Powers and duties of	31, The Commissioner of Crown Tmds shall have all such
Comrniasioner of

Crown Lands as to	powers and perform all such duties relative to standards of measure
standards of weights	and weight and to weights and measures as arc by this Act vested
and measures, &c.
in or imposed on him.

C~rstody and Ver@catio n f' Standads and Copies.

Custody of standards 32, The standards of measure and weight, and all balances,

to be with Commis-

sioner of crown	a.pparatus, books, documents, and things used in conilection there-
Lands.	with or relating thereto, shall, as soon as obtained by the Commis- sioner of Crown Lands, be in the custody of the Commissioner of Crown Lands.
The Commissioner of Crown 1,nnds may, if he think advisable, from time t,o time cause the standards of mcasure and weight for the said province to be cornyxed and wrified by refcrence to thc British imperid standards of measure and weight.

Custody of Govern- 33, The Government standards of measurc and weight to be made

ment standards.	in pursuance of this Act, when obtained by the Cornmissioncr of Crown Lanrls, slmll be deposited at the office of the Surveyor- General, and be in the custody of the Coilzmissione~ of Crown Ilands.
The Cornmissioncr of Crown Imlds shall crtusc the Government at least in every twenty years with the standards of measure and

copies of the standards of measurc and weight to be compared once

weight for the said province.

Verification by	Commissioner of 34, The Comn~issioner of Crown Lands shall cause to be com-
Crom Lands of bcal pared vith the Government standards. and scrified at such place as
standards. the said Commissioner in each case directs, a11 copies of any of those

standards which are submitted for the purpose by i ny local authority, and have been used or are intended to be used as local standards; and, if he find the same fit for the purpose of being used by inspectors of weights and measures under this Act as &andards for the verification and inspection of weights and measures, shall cause them to be stamped as verified or re-verified in such manner as to show the date of such verification or re-verification, and every such verification shall be evidenced by a certificate, and every such re- verification shall be evidenced by an indorsement upon the original certificate of verification, or by a new certificate of verificatiurl.

Any

Anv such certificate or inclorscment, if purporting to be signed (either before or a f t ~ r P A ~ Y IT.

the passing of this Act) by the Commissioner

of Crown Lands or such person as hc! sl~nll appoint, shall be cvidcl~ce

of thtl vcrificntion or rc-verification of t,he weights and measures

therein referred to.

No fce shall bc payable on the verification or re-verification of

a11 y local staiiclard.

A record shall be lrcpt b7- tllc Comiiiissioncr cf Crown Lalids of

all local standarcis ~wif ied o;, re-ve~ified.

35. The Commishner oC Crown I,auds &all witl~out fee cause Vurifitation and stamplng of coin

all coin weights required by this .4ct to i ~ r vcrificd to be compared weightam

with the staodnrtX w~ights for ~veiglling will, and, if found to be

just, stamped wit11 a illnrk api,ro\-cil of by him.

(l).) Local Administratiorr.

Local Standards.

36. Tlre Conimissiouer of Crown L m d s sllall i w w to thc local ~; ~; ~; + $; ; ~ ~ ~ ~ s s u e

tluthority (mentioilctl in the Third Scheciulc to this Act) of every loi.:$i	;tilthor~ty.
rorporate city, town, ancl district council, on applicatioll, and upon
payment of such fccs as shall be fiscd in that hr:half by thc Coni-
missioner of Crown Li~tlds, such local standards of measure mrl weight as such local authority dcc~n ~wluisitc for tllc purposes of this Act, of all weights and measures iu use in their city, town, or district, and good and sufficient stamps, brands, beams, scales, and books for the purposes of this Act, ancl such local authority shall fix the places at which such staidarcls are to be rlc1)ositcd.

A local staiiclarct of' 11-cigllt or nlcasure which has becoiue defwtivc in consequence of ~111~- wear or accicleilt, or has been meudcd, sllall not be legal nor bo used for the purpose of this Act until i t has been

re-vcrificd by the Cornrnissioner of Crow1 Lands.

I t shall be lawful for the Governor from timc to time to dcfinc

the amount of error to be tolerated in local standards whcri verified

or re-verified by the Cornmissioi~er of Crown 1,ancls.

38, The local standards shall be pro'luccd by thc person having I'roduction of local standards.

the custody ttwcof, upon reasonable notice, a t such reasonable time and place withill the city, town, district, o r plrlcc for which the same

111~1'~

lL-34!).

SO 48" & 49' VICTORIE, No. 349. p-- P- P

'I he Wezghts and Mea.~ures Act-1885.

PART	rr.	liavc been provided as any person by writing under his hand rquires, upon payment by the person requiring such production of the rea-
so~iable charges of pro(hcing the same.

~re~entlocalntandards 39, All local standards of measure and weight in use nnd in

to be verified within

one year. force in the said province at the commencement of this Act, shall be verified under this Act within one year from the publication of notice in the Government (I'uzette that the weights and measures required to be obtained by the Commissioner of Crown I.ands under this Act have been so obtsined.

Appointment of 40. Every local authority shall from time to time :~ppoint a suffi-

inspectors of weights	cient number of	inspectors of weights and measures for safely kecpin g
and measures.

the local standarcls provided by such authority, and fbr the cliscllarge

of the other duties of inspcctors un(llcr this Act; allcl, where they

appoint more than one such inspector, shall allot to ctlch inspector (subject to any arrangement made for a chief inspector or inspectors)

V	n separate district, to be distinguished by some name, number, or mark; and the local authority may suspend or dismiss any inspector appointed by thcm or appoint additional inspectors, as occasion may rcquire, and shall sssi5n reasonable reinuneration to cach inspector for the performance of his duties.
A local authority may, if they think fit, appoint different persons to be inspectors for verification and for inspection respectively of weights and measures under this Act.
A maker, repairer, or seller of weights or measures, scales or balances, oi- a person employed in the making, xepairing, or sclling thereof, shall not bc an inspector of weights and measures under this Act.

An inspector of wcights m c l measures shall forthwith on his

appointment enter into a bond to the Crown (to bc sued for in any

court of law) in the sum of TWO Hnndred Pounds for the due

performance of the duties of his office, and fbr the due payment, at the times fixed by the local authority appointing him, of all fees received by him under this Act, and for the safety of the local standards and the stampsand appliances for verification committed

'

to his charge, and for their due surrender immediately on his rernoval or other cessation from office to the person appointed b y the local authority to receive thcm.

All inspectors duly appointed under any enactment at the corn-

mencement of this Act shall continue jn office a s if appointed in

pursuance of this Act.

Verification and 41,

The local authority shall ffom time to time fix the times and them is to attend for the purpose of the verification of weights and measures; and the inspector shall attend, with the local standards in

s b m p i n ~ inspec- places within their jurisdic tion at \v hich each inspec tor appointed by

tors of weights and

measures.

his

48" & 49O VICTORIE, No. 349. 11

--

-

The Weiqhts a d Afeasures Act.-1885.

his custody? at each time and place fixed, and shall examine every -.

I'ART 11.

measure or weight which is of the same denomination as one of such standards and is brought to him for the purposc of verification, and compare the same with that standard, and it' he fillcl the same correct shdl stamp it with s stamp of' verification in such manner as best to prevcnt fraud.

Hc shall also enter in a book kept by him minutes of every such

verification, and give, if required, a Fertificatc under his hand of

every such stamping.

A n inspector appointccl by a local authority may enter a place within the district of an inspcctor nppointcd by any other local authority, and thew verify and sta1~1) the weight,s and mensnres of m y lvrsun residing within his own district; but if he knowiugly stamp a weight or I U C ~ L S U ~ C of any person rcsidiug i n thc district of an inspcctor lcgdly appointed by an other local antlloritp, hc shall be liable to a. fine not exceeding Twenty Shillings for every weight or measure which he so stamps.

42. Any person who keeps or uses any weight or measure in any Verilicntion and stamping in places

place for which there is no inspector, and who is desirous of whrl.e tl,pre is no

adjusting the same, shitll have access to the local standards of inspector.

mcamrt- ml t l weight of the locd authority ~leurcst to such place;

and it sllall be the duty of thc inspcctor in whose charge the said

local standards shall be to comt,are ant1 stamp any such wcight or

measure in the same manner, upon the same terms, and subject to

the same penalties for brcach of duty, or otherwise nzisconducting

himself in'the execution of his office, as if such person kept or used

the same within the limits for which such inspector shall have been

appointed.

43, A weight or measure duly stamped by an inspector under Validity of ~ e k h t s nnd meitsurea

this 14ct shnll be u legal weight or measure throughout the Yrovincc stumped throughout

of South Australia, unlcss found to hc false or unjust, and shnll not ~; l ~ ~; ~ ~; ~ $ ~.

be liable to be re-stamped becanse used in any place other than that

in which it was originally stamped.

m

44. Where a measure for liquids is constructed with a small POwertostnmp rnea- sures made partly of

window or transparent part through which the contents, whether to metal and p r t l g of

the brim or to any other index thereof, may be seen without impedi- dw9".

ment, such measure may he verified and st&nped by inspectors under

this Act, although such measure is made partly of rrletal and partly

of gllzss or other transparent nlcdinm, and that whether such measure

corresponds cxnctly to thc Government standard, or whcther it e x c d s

such standard, but has the mpacity of such stwnclard indicated by a

level line drawn through the centre of the window or transparent.

part.

45, An inspector under this Act may take, in respect of the F e e n f o r r ~ ~ p a r i a o n and stamping.

verification and stamping of weights and measures, such fees, not exceeding those specifid in the Fourth Schedule to this Act, as the

authority

48" Sr 49' VICTORIlE, No. 349. -"-

-- - --

The Weiy ht s and M t aszwcs Act.- 1885.

A ART 11.

----. authority appointing him from time to time fix, and shall at such times, not less often than once a quxtcr, as the said authority direct, account for and pay over to the town clerk or clerk, or such person as the said authority direct, a11 fees taken by him.

Where the Commissioner of C ~ * o ~ v n Lauds, 1111011 thr application

of any local autlioritv, from time to time repl.estmts to the (fovcrnor that i t would be expedient to alter the fees taken by the inspectors of such authority under this -Act (whether sl~ecifkd in the said schedule or in any order previously madc under this section), or for the purposc of adapting those fees to the locd standards provided by such authority, to add to the said few, it shall bc lawful for the Govcrnor from time to time to altcr or adcl to the said few.

I ~ O W P P to inspwt 46. Xvc~ry ir~sl)ecto~* m d r r tllis Act n~ztllorisccl it1 writ ~ I I E 11ntlw t

mrwurcs. weqhts

lland of a Justice of the P ~ n c c, also rvery Justico of the Pvacc, l l l i l ~

, , , , '

em^ shops, BC-, for at all reasonilblc times, either in tlic d a y h e or at night, inspect all

1 hat plIq,ow.

wciglits, measures, scales, badances, steelyards, a n d w r i g h i n ~ machines within his jurisdiction which arc used or in the possession of any person or on any premises for use for trade, and nlil\- coinparc evcr): such weight and measure with some locd stadnril: and 1 1 m ~ xize and detain any wcight, mesmlre, scalc, balance, or stcelvitr(l which is liable to bc forfeited m pursuance of this Act; and rna; for the purpose of such inspection enter any place, whether a b~lildirig 01. in the open

air, whether opt?n or eiicloscd. whcrc he has reasonable a w e to bdieve

that there is any weight, measlure, scale, balance, steelyard, or ~vvif~11-

ing machine which he is authorised by this Act to inspcct.

Any person who neglects or rrfnscs to prodncc for suc.11 inspwtion

:ill weights, measures. scales, bd;mces, steelyards, :~nd wcighi~ig

rnachin~s in his possession or on his premises, or r~fnses to permit

the justice or inspector to examine thc same or any of them, or

obstructs the entry of the .Just ir~ OF inspector under this scction, or

who threatens or otherwise obstructs or Ilinc!ers a dnstice or inspector

Fivc, or, in the case of a, secord offcncc, Ten Pounds. acting under this section, shall be liable to it fiiw not tbscrctling

Penalty on inspector

ior misconduct.	47. Xf an inspector under thi3 Act stamps a weight or illeasurc in contravention of any provisioil of this Act, or without duly verifying the same by comparison with a local standard, or is guilty ;,f a hreach of any duty imposed on him by this Act, or otherwise miscnntlur~ts
himself in the execution of his office, he shall be l i; \ h l ~ to it fine
not cxcccding Five Panncts for each oficnce.

Local A~cthorities.

~ o c a l authorities and 48, For the purposes of this Act thc local authority" and " the

local rate,	local rate" shall mean in each of the different areas mentioned in the first column of the 'l'hird Schedule to this Act the authority and the rate or fund mentioned in that schedule in connection with that
area.
Expenses of locd

authority. 49. The expense of providing and re-vcrify ing local standards,

t llt.

48" VICTORIX, No. 349. -- p- P

. p -- a

The Wek~h t s und Mensrsres Act.-l 885.

the salaries of tllc inspectors, and a11 other expenses incurred by the PART 11. -

local authority under this Act, shall hc paid out of the local rate.

50. Any two or more local authorities may combine, as regtards OF er of locdalltho- rlties to comhine for

either thc wholc or any part of the areas within their jurisdi~tion,

i,,,rpose, of a,L

for all or any of tlre purposcs of this Act, upon such terms and in

such manner as may be from time to time inutwlly agrecd upon.

An inspector appointed in pursuance of an ageement for such

combination slmdl, subject to the terms of his appointment, have tbr

same authority,' jurisdiction, ant1 duties as if he had been appointetl

by each of the :\,uthoritics who :ire partits to srxch agreement.

51. .4ny local m~tliority from time to time, with the approval of rity p o ~ w t o l ~ ( f i l to r ~ ~ ~ k t a ~ ~ y - ~ a w s

tht. (hnmission~r of C r o ~ w Lands, may nlake, ;wd whcn made, ,, to ioclri verific.:~-

tiof"('-

revokc, alter, and add to, by-laws for ;qulrrting thc comparison convictiorr. The Cornniissioner of Crown Lands, before approving such by-laws, shall cause them to bc pnblislred in such manner as he ma.v think sufficient for giving noticc thereof to all pmson:; interrstetl.

with the local standards of such authority, and the verification and

stamping of weights a ~ d measures in me in tlieir city, town, or

district, and generally for regulating the duties niider this Act of

the inspectors appointed by the 10cd authority or of any of thosr

inspector?. Such bylaws rimy impose fines not exceeding Twenty

Legal Proceedings.

52. All offences under this Act =ay bc prosecuted and all fines Prosecotion otfences and of recovery

and forfeitures under this Act may be recovered on summary con-	fin,,.
viction before any two Justices of the Peacc for t l ~ said province, or a Special Magistrate for the said province, under the provisions
of and in manner providcd by the Ordinance, No. 6 of 1850,
intitulcd "An Ordinance to facilitate the performancc of the
1)uties of Justices of the Peace out of ~essions with respect to	summary convictions and orders," or of anv Act hereafter in force
d a t i n g to the duties of Justices of tllc ~ e a c c with respect to sum- mary con~ ic t i on~, nrd orders, and all convictions and orders ma7 be enforcrd as in the said Ordinance or in any other Act as aforesaid shall be providcd.

53. The following cnxctments shall apply to proceedings under Provisiana as to a m -

this Act, that is to say: mitry proceeding*.

(1.) The description of any offence in the words of this Act, or

in similar words, shall be sufficierit in lam: and

(3.) Any exception, exemption, proviso, excuse, or qualification, whether it does of does not accompany in the same section the description of the offence, may be proved by the defen- dant, but need not be specified or negatived, in the informa- tion or complaint, and, if so sprcifiecl. or negatived, no

proof

The We@hts and Menmres Act,--1 8%.

proof in relation to the mattcr so specified or 11eg;itived shall be required on thc part of the informant or corn. plainant: and

(8.) A warrant of commitment slinll not bc held void b y reason of any defect therein, if it be therein alleged that thc offkiider has been convicted, and thcre is n good and - \d id conviction to sustain thc same:

(4.) All weights, measures, scales, balances, nird steelyards for- feited under this Act shall be broken np, and the materials thereof may be sold or othimvise clisposed of as the Justices or Special Magistratcb direct, ant1 the proccwls of' swh K L ~ C ~ h l l be applied in lilcc manncr as fines ulltltrr this Act.

Limitation as to con- 54. A person shall not be liable to any incwasc[l penalty for a.

viction for second

offences. second offence under any section of this Act, unless that offelm was committed after a conviction within five years previously for an offence under the same section.

Evidence as to pos- 55. Where any wcight, mcasurc, srde, balance, steelyarcl, or -.

session. wcighing machine is fnnnd in the possession of any pcrson carryi~:q on trade within the meaning of this Act, or on the vrrrnisc~s df L I

any person which, whcthcr n building or in the open air, whcther open or enclosed, are used for trade within the meaning of this Act, such person shall bc deemed, for the purposes of this Act, ur:til the contrary is proved, to have snch weight, measure, scallc, balance, steelyard, or weighing machine in his possession for use for trade

Appeal from con- 56. There shall be an appeal from any order or conviction of

viction.	any Special Magistrate or Justices of tllc Peace, made under the provisions hereinbeforc contained, or from any order of a Special Magistrate or Justices of the l'eacc dismissing any information laid
any conviction by i i Special R'1:~gistrate or Justices of the Pmco for under this Act, or for the payment of costs or otherwise, or from any offence under this Act, which appeal shall be to the nearest Local Court of Full Jurisdiction, and the proceedings on such appeal shall be conducted in manner appointed by the said Ordinance, No. 6 of 1F50, and any Act' extending or nmcnding thc same, for appeals to Local Courts; but thc Local Court aforesaid may malre such order as to payment of cost of appeal as such Conrt shall think fit, although such cost may exceed Ten Pounds.
f ,ocal Cowt map
state a case for the	57. The Local Court of Full Jurisdiction mny, upon the hearing of any appeal under the last preccdii~g section, state one
opinion of the
Supreme Court.	or more special case or cascs for the opinion of the Supreme Court,
and the Supreme Court shall hear and decide such special case or
cases according to the practice of the Supreme Court on special cases, and the Supreme Court shall make such order as to the costs of any such special case as to the said Conrt shall appear just.
And any Special Magistrate or two or morc Justices in the 1,ocal

Court

48" & 49' VICTOKIE, No. 349.

court shall make an order in respect of the matters referred to	PAHT	11.
the Sup~eine Court in conformity with the certificate of the said Sup~cmc C'ourt, or of any Judge thercof, which order of the Special Magistrate or Justiccs of' thc Pcwe or the Local Court shall be enfbrced in manner pro\.idetl bv this Act for the enforcement of ordcrs of a Special Magistrate oi Justiccs of the Peace.

58, In an action for any act done in pursuance or execution or Provision as to action against person acttng

intended execution of this Act, or in respect of any alleged neglect

of Act.

or default in the cxccution of this Act, tender of amends before the action is commenced ]nay ill lieu of or in addition to any other plea hc pleaded, if the action was cornm~nced after such tender, or is ~)ruceedt.rl with after p n p c n t into Court of any money in satisfaction of the plaintiff's claim. If t h e action is commenced after such tender, or is proceeded with after such payment, and the plaintiff does not recover more thm thc sum tcncltwd or paid respectively, the plaintiff shall not recover any costs incurred after such tender or payment, and the defendant shall be entitled to his costs, to be taxed as l ~ c t ~ w e n solicitor and client, as from the time of such

tellcler or payment; but this pro~ision	shall not affect costs or any
injlmction in the action.

MISCELLANEOUS.

59, I t shall be lawful for thc Govcrnor from time to time to Rulesandregul~tions.

make rules and 1-egulations for the purposes of this Act, and to

revoke and varv any such rules and regulations. All rules ancl regulstiaiis made under this Act shall be published

in the Gnucmment Gazette, and shall be forthwith laid before both

Houses of Parliament, and shall have full effect as part of this

Act.

I)

60, 'The schedules to this Act shall be construed a i d have effect Efect of echedules.

as part of this Act.

61. Where an enactment xefers to any Act uc.pcdcd by this Act, Comtruotion of licta

or to any enactment thereof, the sarne*shall be construed to refer to ,,,,tments.	referring to repealed
this Act or to the corresponding enactment of this Act.

62, Nothing in this Act contained shall be construed to prevent Weighbridges may be

the use of weighbridges in the weighing of hay, bark, and such other gmds not exposed for used,and for weighing

rough goods as are usually weighed in that manner, nor to prevent sale ~teelrards may	the use of steelyards in the weighing of goods not exposed for sale be used.
or not being sold in the ordinary course of trade.

63. h

16 48" & 49' VICTORIiE, No. 349.

- .---p

The Wciglzts nncl Measures Act.--1865.

-p--- - -- P - - - - -- - -.

1 ART 111.

-- 63. All weighbridges and steelyards shall be subject to the pro-

Weighbridge8 and visions of this Act for being examined and stamped or marked as

etttelyards to be

subject to the pro-	just, and shall be subject to tlic like penaltics and proceedings if
visions of thie dot.	found unjust us if' the sanic were tl-lcrein expressly includwl as balances and weights, cscept that no weighbridge shall bc liable to seizure under any of the provisions of this Act.

Pine and forfeituresa	64,	All fines and forfeitures for any otfeilce against this Act
to be puid to local

authority.

shall be paid to the local authority having jurisdiction in the area

where such offence was committed.

The Governor may reinit the whole or any yart of ally fine, although the same may be appropriated to any local authority.

rower of Corpora-

65, Nothing in this Act contained shall be deemed to alter or publish, alter, modify, amend, and repeal hy-laws and regulations with respect to weighbridges, balances, wcigllts, and iueasurcs: irk accordance with the provisions of The Municipal Corporations Bct, 1880," and " 'L'he District Councils Act, 1876 "; nor to repeal, alter, or affect any by-law or regulation valid ancl in forcc at thc time of the passing of this Act.

tior~s und District

COuncilstomake r t fkct the power of m y Corporatioir or District Council to lnakc,

bp-la~*s not be

rdected by this Act.

Saving as to models 66, Xothing in this ,Act shall xff'wt the validity uf the models of

of gatlhol~lcrs.	gasholders vcrified ant1 t1cl)osited ill tlre Surveyor-General's ofhe, in Adelaide, in pursuance of " The Meters and Gas Act, lts81," aild
a11 the provisions of this Act with reference to tlre Government
standards of weight and measure deposited with the Cominissioner of Crown Lands, as aforesaid, shall, except where inconsistent with the provisioris of the said " Meters a d Gas Act, 1881," apply to such models and thc provisions of tlris Art with reference to tllz defining the ~lrnount of errors to be tolerated in local standards when
verified imci re-verified, shall apply to detinilig the :~inourlt of errors
to bc tolcrated in such copies of' thc: said models of' gasholders as
are providcct by the C~ot~lirlissioner of Crown Lmds to any locnl
authority under " The Meters and Gas -4ct, 1881.''

Repeal of Acts, 67. The Acts nlcntioilcd in the Fifth Schedule to this Act i~1.c

hereby repealed. Provided that-

(1.) Every inspector appointed in pursuance of' any cn;tctinent

hereby repealed, or of any other enactment, shall continuc

in ofice as if he had been appointed in pursuance of this

Act: and.

(2.) All

qt3" & 49' VICTORIE, No. 34.9.

The Weights a-lzd Measures ,4ct. -1885.

(2.) All weights and measures duly marked as verified and duly stamped in pursuance of any enactment hereby repealed shall be as valid as if they had been duly marked as verified and stamped in pursuance .of this Act, and a11 weights and measures which at the commencement of this Act may Iawfhlly be used without being stamped with a stamp of verification or a stamp of their denomination, and which are required by this Act to be stamped with such a stamp, may, notwithstanding they are not so stamped, be used until the expiration of six months after the commence- ment of this Act, without being subject to bc seized or forfeited, and without rendering thc person using or having possessiorl of the same subject to any fine.	PART	IT.
"-h
(3.) This repeal shall not affeet-

(a.) The past operation of any enactment hereby repealed, nor

anything duly done or suffered under any enactment

hereby repealed: nor

( b. ) Any right, privilege, obligation, or liability acquired,

accrued, or incurred under any enactment hereby re-

pealed: nor

(C.) Any penalty, forfeiture, or punishment incurred in respect of any offence committed against any cnactment hereby repealed: nor

(d.) Any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid; and any such investigation, legal proceeding, and remedy may be carried on as if this Act had not passed: and

(4.) This rcpeal shall not revive any enactment, right, office,

privilege, matter, or thing not in force or existing at the

comnenccment of this ,4ct.

In the neme and on behalf of Her Majesty, I hereby assent to

this Bill.

WILLIAM C. F. ROBINSON, Governor.

SCHEDULES.

VICTORIE, No.

The Weights and Measures Act.-1885.

SCHEDULES.

FIRST SCHEDULE.

8tandards of weight and measure for the Province o f South Australia.

Seotiona 6,11, and 14	The following standards shall be constructed under the direction of the Commissioner of Crown Lands :-
The standard for determining the length of the standard yard for the province of South Australia, shall be a yard measure of such description and material as the Commissioner of Crown Lands shall think best suited to the requirements of this province; and shall be procured in England, and compared with the British Imperial Standard Yard, deposited in the standards department of the Board of Trade, and certified as correct by the warden of the British standards; and shall be marked with the normal temperature at which it is equal to the Imperial Standard Yard, and with the words " Standard Yard, Government of South Australia."
The standard for determining the weight of the standard pound for the Province of South Australia shall be of platinum, the form being that of a cylinder nearly le35in. in height, and le15in. in diameter, with a groove or channel round it, whose middle is about OS34in. below the top of the cylinder, for insertion of the points of the ivory fork by which it is to be lifted; the edges to be carefully rounded off, and such standard paund to be marked, 1'S. S.A., llb.

SECOND SCHEDULE.

Standards of the measures and weights following tc Ic obtained by the Com- missioner of Crown Lands, and to be in use under the direction of the Commissioner

of Crown Lands :-

Denomination of Standard. Denomination of Standard.

Measure of l e n g t h. Measure of Capacity.

l00 feet.	Bushel.
66 feet or a chain of 100 links.	Half-bushel.

Rod, pole, or perch.	Pcck.
10 feet.

6 " or 2 yards.	Gallon.
5 "	Half-gallon.
4 "	Quart.
3 " or 1 yard.	Pint.
2 "	Half-pint.
1 foot.	Gill.

Government

The Weights and .Measuws Act.- l 885.

Government Standards-continued.

Denomination of Standard. Denomirzation of Standard.

Measur~ rf Length. Measure of Capacity.

l inch divided in 12 duodecimal, Half -gill.

10 decimal, and 16 binary	Quarter-gill.
equal parts.

X e n s u t w Uqed in thc Sale

of Drugs.

Fluid ounces-

4, 3, 2, 1

Fluid drachms-

4, 3, 2, 1

Minims-

3 0, 2 0, 1 0, 5, 4, 3, 2, 1

Denomination of Standard. Denomimtion of Standard.

Avoirdupois Weights. Troy Bullion Wcighta.

56 pounds.	600 ounces,
28 "	400 "
14 "	300 "
7 "	200 "
4 "	100 *'

2 "	50
1 pound.	40 "
8 ounces.	30 "
4 "	20 "

L '

10

1 ounce.	5 "
8 drams.	4 "
4 "	3 "
2 "	2 ' 6
1 dram	1 ounce.

+ " 0-5 "

240 grains, commonly called 10 0.4

penny-weights. 0.3 "

120 grains, commonly called 5 0.2 '*

penny-weights. 0.1 "

72 grains, commonly called 3 0.05 ' L

penny-wcights. 0 4 4

48 grains, commonly called 2 0.03

penny-weights, 0.02 "

24 grams, commonly called 1 0.01 "

penny-weight. 0.005 "

- I

Coin

The Weights and Measwes Act.-l 8%.

Col92 Weights.

Denomination of Coin.	I	Standard Weight.
!

------I_- - - - - - I - -

l

GOLD- Grains.

Fivepound .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 6i 6.37239

Two pound .................................... 246.54895

Sovereign .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .-. .. .. 123.2744'7

Half-sovereign ................................ 61.53723

STLVER-

Crown ........................................

Halfcrown .................................. ..,

Florin ........................................

Shilling ......................................

Sixpence ................,.....................

Groat or fourpence, .............................

Threepence ..................................

BRONZE-

Penny ........................................

Halfpenny ..................................,

THIRD SCHEDULE.

Local Authorities,

,

l I

h a, I Local Authority. 1 Local Rate.

Corporate citier~ or towna, Themunicipal corporation The general corporation

of such corporate city	rstes.
or town.

District councils. The district cobncil acting The general district council

for each district, rates,

FOURTH SCHEDULE,

Fees of Impectors.

The following fees shall be the maximum fees which, unless altered as authorised

by this Act, may be taken by any inspector of weights and measures appointed under

thk Act :-

For comparing and stamping all brass weights, iron weights, or weights of other descriptions, Threepence for each weight so compared and stamped.

For comparing and stamping all measures of capacity of liquids made of copper or

other metal, Threepence for each measure so compared and stamped.

FIFTH

48" & 49' VICTORIE, No. 349.

The Weights and Measures Act.-1885.

FIFTH SCHEDULE.

Enactments Repealed.

Reference to Act. Title or Short Title of Act. Extent of Repeal.

No. 13 of the sixth An Act for Establishing Weights and

year of the reign	Measures in the Province ot' South
of Her Majesty	Australia,.and for the Prevention of
Queen Victoria	the Use of such as are False and De-
ficient .. .. .. .. .. .. .. .. .. .. .. .. .. The whole.

An Ordinancc to amend an Act for Hstab-

lishing Standard Weights and Mea-

sures in the Province of South Aus-

tralia, a n d for rho Prevention of the

Use of such ;is arc False and Deficient 'I'he whole.

No. 16 of 1845 An Ordinance to Kegulate the use of

Weighbridges and Steelyards .. .. .. The whole.

--

--

Adrlitidc~ : tjy authority, E. SPILLRR, Ooverrm~ent Printer, North-terrace.