Weights and Measures Act 1898 (NSW)

Act No. 19, 1898.

AND M ea su r es . An Act to consolidate tlie LaAVS relating to W eig hts

W eights and Measures. [27f/? July, 1898.]

T 3 E it enacted by the Queen’s Most Excellent Majesty, by and with J .3 the advice and consent of the Legislative Council and Legislative Assembly of New South AVales in Parliament assembled, and by the authority of the same, as follows :—

PART I.

Preliminary.

1.               This Act may be cited as the “ Weights and Measures Act,

1898,” and is divided into parts, as follows :—^

PART I.— Preliminary— s. 1-2.

PART II.—Standard weights and measures and copies thereof— ss. 3-7.

PART

Act No. 19, 1898. 251

Weights and Measures.

PART III.— Inspectors— ss. 8-13.

PART IV.—Weights and measurers— ss. 14-18.

PiVRT V.—Sale of goods— ss. 19-22.	'
PART A"I.—Procedure— ss. 23-25.

2.                (1) The Acts mentioned in the First Schedule to this Act are Repeal,

to the extent therein expressed hereby repealed. First Schedule.

(2) All persons appointed under the Acts hereby repealed and Officers under Acts

holding office at the tinu; of the passing of this Act shall be deemed to	repealed,
be appointed hereunder, and any bond or recognizance entered into under the Acts hereby repealed and in force at the time of the passing of this Act shall be deemed to be entered into under this Act as well as under the Acts hereby repealed.

PART II.

Standard weights and measures and copies thereof.

3. (1) The weights and measures now deposited in the Treasury Certain weights in

(a list whereof is contained in the Second Schedule hereto), and such deeiar̂ Ho be

other weights and measures of the standard of the United Kingdom of standard.

Great Britain and Ireland as may from time to time be deposited therein Vic. Xo. 3i. s. 2.

by the authority of the Governor, either in addition to such weights and Second Schedule,

measures or in substitution for the same, shall be there safely kept, and

shall be the standard weights and measures of New South Wales for the

time being.

(2) If any of the said standard weights and measures is lost, Lost standards to ho

destroyed, or injured, another weight or measure shall be provided of the same size and weight or measure as the one so lost, destroyed, or injured, and if the Governor approves the same it shall be deposited in the Treasury, and shall thereupon be deemed to be a true and genuine weight or measure to all such intents and purposes as the weight or measure wdtich was lost', destroyed, or injured.

4.     (1) The Governor may cause copies and models of the several Copies o£ standards

weights and measures so deposited to be carefully made, and to be If thêGTo'lHnufon"'"'̂

verified on oath before the Treasurer (who is hereby authorised to /i,;,/. s. 3.

administer such oath), and if the Governor approves of the same he

may cause a mark or stamp to be legibly impressed or engraven on

each copy and each model, to show that it has been so verified and

approved. Such mark oi- stamp shall consist of such letters and figures

as are commonly used to signify Her Majesty’s name or mark, together

with 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 weight or measure. (2)

252   Act No. 19, 1898.

Weights and Measures.

Lo^t copies to be (2) If any marked copy or model is lost, destroyed, or injured,

replaced.

10 Vic. No. 34, s. 5.	another copy or model of the same size, weight, or measure shall be made, verified, approved, and marked, and put in the place of the copy or model so lost, destroyed, or injured, and shall thereupon be deemed a true copy and model for all purposes.
Copies of standards

to be deposited with 5. (1) A complete set of such marked copies and models shall be

clerks of petty	deposited with the clerk of each petty sessions appointed to be holden
sessions.	in New South Wales, and shall be by him safely and securely kept for
Ibid. s. 3.	the purpose of comparison, as hereinafter directed.
Penalty.	(2) Any such clerk who falsifies or otherwise wilfully injures any such copy or model so deposited with him shall, on conviction, forfeit the sum of fifty pounds, to be recovered and applied as herein­ after directed.
deposited.
Copies already	6. All copies and models already deposited with the said clerks under any like repealed enactment shall, until called in by the Governor, be deemed to be legal weights and measures for such purpose of comparison.
Ibid. s. 4.
Persons to have

access to copies ; 7. (1) If any person wishes to compare and adjust any weight

clerks to make

or measure, and makes application to any clerk of petty sessions and

comparisons.

pays the fee hereinafter mentioned, such clerk shall permit such person

Ibid. s. 0.

to have access at any reasonable time to the copies and models deposited with him, and shall compare every such weight or measure with the marked copy or model appropriate for such comparison.

Fees.

(2) For every such examination the clerk who makes the same

shall be paid by the person who causes the same to be made the sum

of threepence for every weight and measure so compared and no more.

Penalty.

(3) Any such clerk who neglects or refuses to compare any such weight or measure at any such reasonable time as he is thereunto required, shall, on conviction, forfeit the sum of ten pounds.

PART III,

Inspectors.

Inspectors to be

appointed.

8. The justices in petty sessions shall, as occasion may require, appoint one or more persons in their respective districts to be inspectors of weights and measures for the discharge of the duties hereinafter

Ibid. s. 7.

Inspectors to be

mentioned ; and the Governor shall cause to be delivered to each such

provided with

inspector good and sufficient stamps for the stamping or sealing weights

stamps.

and measures used or to be used in the districts for which such inspectors

are appointed, and a complete set of marked copies and models.

Act No. 10. 1898. 253

Weights and Measures.

9. Every inspector appointed under this Act shall forthwith enter Rceogni/.anoc of

into a bond or recognizance to the Queen to be sued for in any court

of record in the sum of two hundred pounds conditioned for—• 16 Vic. No. 34, s. 16.

(u) the due and punctual performance of the duties of his office ; and

{h) the safety of the stamps and marked copies and models of the

standard weights and measures committed to his charge ; and

(c) the due restoration and surrender of such stamps and marked copies and models immediately on his removal or other cessati( n of office to such person as may be appointed to receive them by the justices of the petty sessions by which such inspector was appointed.

10. Every such inspector shall be entitled to fees according toRoos.

the scale contained in the Third Schedule to this Act for every such ityUi. s. 16.

examination, comparison, and stamping as is here required to be made Tiiita sdioiiuk'.

by him,

11. .‘\ny inspector of weights and measures, or any other person ivnaity. .

legally authorised to examine and stamp any weights or measures, who— ibid.». lo.

(a) stamps any weight or measure without duly verifying the same by comparison v/ith a copy of the standard ; or

[h) is guilty of a breach of any duty imposed upon him by this Act ;

or

(c) otherwise misconducts himself in the execution of his office,

shall, 11 lion conviction, forfeit a sum not exceeding five pounds.

12. (1) Any justice of the peace, or any inspector authorised i*' writing under the hand of any justice of the peace, may at all seasonable t-nter aiops, &o., ami

times enter any shop, store, house, warehouse, stall, yard, or place what-	balances,
soever wherein goods are kept or exposed for sale, or are weighed for purchase, conveyance, or carriage, and there may examine all weights, measures, and weighing machines, and compare and try the same with the co])ies of the standard weights and measures authorised to be provided under thi.s .Act.

i'2) Any weight or measure or weighing machine d is c o v e r e d

, ̂ ̂ T T , . ~ ~ 1 • • 1 ,, unjust weights,

upon such examination to be light or incorrect or otherwise unjust shall mciismcs, or

be liable to seizure, and the person in whose possession the same is found

shall upon conviction thereof forfeit a sum not exceeding hve pound.' ,̂

unless such weight is a troy weight, or such weighing-machine has been

used or is such as is commonly used with troy weight, in which case

he shall forfeit a sum not exceeding fifty pounds.

13. Whosoever- . . .

(a)

wilfully obstructs, hinders, resists, or in anywise opposes any o.xamincr in refusing such balances, weights, and measures, in the execution of his examination,

office ; or, (6) b̂id. s. is

254   Act No. 19, 1898.

Weights and Measures.

{h) being a person selling, or retailing, or purchasing, or charging by weight or measure, refuses to produce his balances, weights, or measures in order to be viewed or examined,

shall on conviction forfeit a sum not exceeding five pounds or less than

forty shillings.

PART IV.

Weights and measures.

All weights and	14. (1) The inspectors shall examine all weights and measures
measures to be

examined by	used for buying and selling, or for the collecting of any tolls or duties,
inspectors and	or for the making of any charges in the conveyance of any goods or
stamped if correct.
16 Vic. No. 34, s. 8.	merchandise, and shall compare them with the marked copies and models appropriate for such comparison, and shall stamp in such a manner as best to prevent fraud such weights and measures as are found, when so examined and compared, to correspond with the said copies and models.

Exceptions. (2) Provided always that nothing herein contained shall extend

to require—

[а) any single weight of above fifty-six pounds to be inspected and

stamped ; or,

(б) any wooden 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 represented as containing the amount of any Imperial measure or of any multiple thereof, to be stamped ; but,

if any person sells by any unstamped measure or vessel represented as containing the amounts of any Imperial measure, or of any multiple thereof, the buyer may require the capacity of such measure or vessel to be ascertained by a comparison with a stamped measure, such stamped

Penalty. measure to be found and provided by such seller. If the seller refuses to provide such stamped measure or vessel, or to make such comparison, or if, upon such comparison being made, such unstamped measure or vessel is found to be deficient in capacity, the seller shall on conviction forfeit a sum not exceeding five pounds.

Penalty for using	15. (1) Whosoever uses—
weights and

measures not (а) any weight or measure other than such as has been compared

authorised by Act, and stamped under the provisions hereof ; or,

&c. (б) any weight or measure, other than those authorised by this

Ihid, s. 9. Act, or an aliquot part or multiple thereof ; or,

(c) any weight or measure found light, or otherwise unjust,

shall, on conviction forfeit a sum not exceeding five pounds, except in the case of troy weight, in which case he shall forfeit a sum not exceeding

fifty pounds. (2)

Act No. 19, 1898. 255

Weights and Measures.

(2) Any contract, bargain, or sale made by any such weights Contracts to bo

or measures shall be wholly null and void, and every such light

unjust weight or measure shall on being discovered by any inspector

be seized and shall be forfeited.

16. (1) All weights made after the passing of this Act of the Contents of weights

weight of one pound avoirdupois or more shall have the number of

pounds contained in every such weight stamped or cast on the top or ig vic. No. 34, s. 12.

side thereof in legible figures and letters.

(2) All measures of capacity made after the passing of this Act shall have their contents denominated, stamped, or marked on the outside of such measures in legible figures and letters.

17. No weight made of lead or pewter, or of any mixture thereof, Wcigius maiie of

shall be stamped or used: lead or pewter not

Provided that nothing herein contained shall prevent the use of ihid. s. i:s.

lead or pewter, or of any mixture thereof, in the manufacture of weights, if they are wholly and substantially cased with brass, copper, or iron, and legibly stamped or marked “ cased ” ; or shall prevent the insertion of such a plug of lead or pewter into weights as is bona fide necessary for the purpose of adjusting them and of affixing thereon the stamp hereinbefore mentioned.

18. (1) AVhoSOever— Penalty for counter-

y \ 1 p y p • i , 1 1 feiting stamps on

(а) makes, lorges, or counterieits, or causes or procures to be made, weights and

forged, or counterfeited ; or measures.

̂ . . . , . - . Ihid. 8. 19.

(б) knowingly acts or assists in the making, forging, or counter­

feiting

any stamp or mark used for the stamping or marking of any weights or measures under this Act shall forfeit on conviction a sum not exceeding fifty or less than ten pounds.

(2 ) Whosoever knowingly sells, utters, disposes of, or exposes Penalty for selling

to sale, any weight or measure with such forged or counterfeit stamp or mark thereon shall forfeit on conviction a sum not exceeding ten pounds or less than forty shillings.

(3) All weights and measures with such forged or counter- False weights ana

felted stamps or marks shall be forfeited and broken up, and the proceeds ™(,stroytni*°

thereof shall be disposed of in the manner hereinafter mentioned.

PART

256   Act No. 19, 1898.

Weights and Measures.

PART V.

Sale of goods.

All articles to be eo'd 19. All articles sold by weight shall bo sold by avoirdupois weight,

by avoirdupois g^C O pt—

except as herein	^
stated.	(a) gold, silver, platinum, diamonds, or other precious stones, which

10 Vic. No. 34, s. 10. shall be sold by troy weight ; and

(b) drugs which, when sold by retail, may be sold by Apothecaries’ weight.

The stone, hundred- 20. The weight denominated a stone shall in all cases consist of nated one hundredweight shall consist of eight such stones ; and the weight denominated a ton shall consist of twenty such hundredweight :

oYonAtanda^^^ ̂	pounds standard weight avoirdupois; and the weight denomi­
Ibid. s. 11.

Provided that nothing herein contained shall prevent any bargain, sale, or contract from being made by any multiple or by some aliquot part of the pound weight.

Heaped measure,	21. (1) Every bargain, sale, and contract made by the heaped
unlawful.

Ibid. s. 14.	measure shall be null and void.
Penalty.	(2) Whosoever sells any articles by the heaped measure shall, on conviction, forfeit a sum not exceeding forty shillings for every such sale.
Sale of certain kinds
of articles.	22. (1) All such articles as from their size and shape are incapable of being stricken, and from their nature and quality may not conveniently be sold by weight, may be sold by a bushel measure, or by any multiple, or by some aliquot part (such as the half, the quater, or the eighth part) thereof, filled in all parts as nearly to the level of the brim as the size and shape of the articles will permit, or may be sold by weight.
Ibid. s. 15.

Capacity of (2) Such bushel measure shall be of the standard capacity

bushel measure.

of eight standard gallons, made round with a plain and even bottom,

of the depth of nineteen inches and a half from outside to outside.

Proviso for sale of (3) Every contract for the sale of maize, wheat, barley, oats,

certain kinds of , r}'e, peas, or beans at per bushel, unless it is a contract for maize in the

agncuituraipr^ shall be construed to be a contract for the number

sli,- i/s .' ’ of pounds standard weight avoirdupois for each bushel as annexed to

Fourth Schedule. the Several articles respectively in the Fourth Schedule hereto.

PART

Act No. 19, 1898. 257

Weights and Measures.

PART VI.

Procedure.

23. (1) All offences against this Act may be heard and determined A cijudication of

before any two or more justices of the peace in petty sessions. ils 34 s 20

(2) Upon a conviction for any such offence the justices shall A pplication of

order the penalty and forfeiture to be applied towards the payment of a reasonable recompense to the inspectors, and towards the other expenses of carrying this Act into execution, and the residue (if any) sh;dl be paid to the consolidated revenue.

(3) If any such penalty with costs is not forthwith paid, such it penalties not

justices or either of them shall, by warrant under hand and seal, commit

«) ^ ' l)C C O l ll l l I l l lO U .

such offender to gaol for any time not exceeding three months unless	'
the penalty and costs are sooner paid.

24. The justices of the peace before whom any offender is Form of conviction,

convicted as aforesaid shall cause the conviction to lie made out in the lud. s. 21.

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 the

peace in and for the said colony

of , was duly convicted before us the said

justices for that he the said , on the

day of now last past, at , contrary to the form of the Act in that case made and provided SJiere state the offence}, and we the said justices do declare and adjudge that the said , hath for such offence forfeited the said balances [weights or measures as the case may he}, and hath also forfeited the sum of

of lawful British money to be applied as the said Act directs, and the further sum of of like lawful money for the reasonable costs and charges attending this conviction.

Uiven under our hands and seals at

on the day and year first above written.

25. (1) All actions for things done in execution of this Act or Pro tec tion to

otherwise by any justice or inspector, or any constable or assistant to , . . . r i' 11 • 1 p 1 1 Others ac ting m

such justice or inspector, lor cnectualiy preventing the use oi balances execution of this

and such weights and measures otherwise than in accordance with the

provisions hereof, shall be commenced within three months after the act

committed or thing done ;ind not otherwise ; and notice in writing of

such action, and of the cause thereof, shall be given to the defendant

one month at least before the commencement of the action.

H (2 )

258   Act No. 19, 1898.

Weights and Measures.

Tender of amends. (2) No plaintiff shall recover in any such action if tender of sufficient amends is made by or on behalf of the defendant before such action brought, or if a sufficient sum of money is paid into Court by or on his behalf after such action brought, and before the said cause is set down for trial.

SCHEDULES.

Section 2. FIRST SCHEDULE.

Reference to Act. Title. Extent of Repeal.

' 16Vic. No. 34 .. An Act to amend the Laws relating to Weights and The whole.

Measures.

43 Vic. No. 18. . An Act to declare the Standard Weight of a Bushel The whole.

of Maize, Wheat, Barley, Oats, Rye, Pea.s, and

Beans.

Section 3. SECOND SCHEDULE.

Standard weights.

A v o i r d u p o i s . T r o y W e i g h t s .

Fifty-six pounds Six pounds

Twenty-eight pounds Three pounds

Fourteen	pounds	Two	pounds
Seven	pounds	One	pound
Four	pounds	Six	ounces
Two	pounds	Throe	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 lerujth.

One yard	'
One foot One incli

Standard measure of cafacity.

One bushel One quart

One-half bushel One pint

One	peck	One-half pint
One	gallon	One gill

One-half gallon One-half gill

TRIED

Act No. 19, 1898. 259

Weights and Measures.

THIRD SCHEDULE. Section 10.

Fees io be taken by all inspectors of weights and, measures under the authority of this Act,

For examining, comparing, and stamping all brass weights within their

respective jurisdictions.

s. d.

Each half-hundredweight . . .. .. 0 9

Each quarter of a hundredweight . . .. 0 6

Each stone .. . . . . . . .. 0 4

Each weight under a stone to a pound inclusive 0 1

Each weight under a pound .. . . .. 0 0*

Each set of weights of a pound and under .. 0 2

weights, or weights of other

ispcctive jurisdictions.

s. d.

Each half-hundredweight . . .. 0 3

Each quarter of a hundredweight . . , , , , , , , , 0 2

Each stone . . . . . . . . 0 1

Each weight under a stone . . . . 0 Oi

Each set of weights of a pound and under 0 2

ien measures within their

respective 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 measures of capacity of liquids made of

copper, or other metal, within 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-gallon	. .	. .	. .	. .	. .	. .	. .	. .	. .	.	.	0	1

Each quarter and under . . . . . . . 0 01

FOURTH SCHEDULE. Section 22.

Standard wei ght of a bushel of maize, ivheat, barley, oats, rye, peas, and beans.

Maize	..	56 lb. to the bushel
Wheat	. .	60 „ „
Barley—

Cape ..	50
English	52

Oats	..	40
Rye	..	60
Peas	. .	60
Beans	..	60

Act