Weights and Measures Act 1915 (NSW)

W E ia ilT S AND 3IEA8UKES ACT.

Act No. 10, 1915.

All Act to jirovidc standards and units, and to George V,

declare the law of wei A t^ !>'id measures ;

No. 10.

for the yerification and stamping of Aveights, measures, and weighing and measuring instru ments : to regulate the sale of coal and firewood : to repeal th.e AVcights and Measures Act, 1S98, and the Sydney Coal Delivery Act, 1901 ; to amend the Government llailways Act, 1912, the Pure Food Act, 1908, and certain other Acts ; and for purposes conse quent thereon or incidental thereto. [As sented to, 22nd February, 1915.]

‘

174 Weights and Measures Act.

George V,

T)TC it snactocl liy the Kiiig’’s Mo.st Excellent Maje.sty.

No. 10.	I I by and with the advice and consent of the Legis
lative Conncil and Legislative Assemldj^ of New South Wales in Parliaiiient assendiled, and l)y the authority of the same, as follows : —

PAllT I.

PllELIMINAllY.

Preliminary and repeal.

Short title.

1. (1) This Act may he cited as the “ Weights and

Measures Act, 1915,” and shall commence and take effect on and from the first day of June, one thousand nine hundred and fifteen.

(2) This Act is divided into Parts, as follows:—

PAllT I.—P relijiinary—ss. 1-11.

PAPtT IT.—Staxeards and U nits—ss. 12-21.

PART I I I .—T he L aw of AYeights and M ea

sures—ss. 22-29.

PART

IV.—Verification

and

Stamping—

ss. 30-34.

PART

V.—Sale

o f

Coal

and

F i r e w o o d — ss,

35-39.

PART VI.—General and Supplemental—ss.

40-58.

Repeal.

2. The VVights and Measures Act, 1898, the Sydney

Coal Delivery Act, 1901, and section thirty-seven of the

Government Kailways Act, 1912, are repealed.

Savings.

3. All members of the police force who arc inspectors

under the M^eights and Measures Act, 1898, and who hold office at the commencement of this Act, shall be deemed to he appointed hereunder.

Transfer of	4 . All copies of standard weights and measures de posited with clerks of petty sessions or other persons under the V'eights and Measures Act, 1898, shall be deemed to he “ local standards ” within the meaning of this Act, and with all books, papers, records, weights, measures, scales, and other things in the jiossession of any clerk of iietty sessions or other person under the said Act shall, at the request of the Inspector-General, be handed over to such persons as he mav appoint.
copies of
standards.

Weights and Measures Act.

175

5. This Act shall apply to all weig'hts, measures, and 'Seorge V,

weighing and nnjasuring instruments in use upon any

No. 10.

of the railways or tramways, or upon any station, pier,

wharf, j(!tty, or other premises vested in the Chief railways and

Commissioner for Raihvays and TramAvays.

tramways.

Drjli/iiioits.

6 . otherwise indicates,—

In til is Act, unless tlie context or subject matter i)e<iuiUoii.s.

“ Coal ” means all descriptions of coal, coke, and

charcoal.

“ Driver ” means any person driving or in charge

of a vehicle.

“ Inspector” means inspector of Aveights and mea sures appointed uiuh'r tliis Act.

“ Inspector Gimeral ” nnains Inspector General of

Police.

“ treasuring instrument ” means any instrument or machine, other than standard measures of extension or capacity, used for measuring any article or any liquid.

“ Package” includi's anything in or hy Avliich articles ari' cased, covered, enclosed, contained, or packed.

“ Pn'serihed ” means prescribed hy this Act or the

regulations.

“ Public AA'eighing instrument ” means any Aveighing instrument open for use hy the public, or for the use of which a charge is made.

“ Purchaser” includes person purchasing as agent

for any other person.

“ Regulation ” means regulation madi' undi'r this

Act.

“ Schedule ” means Schedule to this Act.

“ SupcrinteiuUmt ” means suiierintendent appointed

under this Act.

“ The court” means tin' court in or before which

the proceedings in question are had.

‘̂To stam p” means to stamp or otherwise mark in such a manner as to he, as far as practicable, indelible.

“ V ehicle” means any description of AUihicle upon

wheels.

“ W eighing

176 Weights and Measures Act.

George V,

' Weighing instrument” means weighbridge, weigh ing machine, scales, balance, steelyard, or other instrument for weighing, and includes the Aveights belonging thereto.

No. 10.

‘Weighman” means the person in charge of a public Aveighing instrument.

A dministration.

Inspector*

(Jeneral of Police	7. Subject to the control of the Minister, this Act
to administer.

shall he administered by the Inspector-General, a

superintendent, and inspectors.

Appointment of

superintendent	8. The Governor shall appoint the superintendent,
and inspectors.

who, Avdien so appointed, shall be a superintendent of police. The Inspector-General shall apjAoint the in spectors from the members of the police force.

Superintendent

to control

9. The superintendent, subject to the control of the

inspectors.	Inspector-General, shall control the inspectors in the performance of their duties under this Act.
Absence	1 0 . Whenever the superintendent is absent from his General may appoint a deputy, and during such absence such deputy shall have the poAvers and shall perform the duties of, and for the purposes of this Act he deemed to he, the superintendent.
of the
superin	duties by reason of illness or other cause the Inspector-
tendent.
Superintendent

or inspector not	1 1 . A superintendent or inspector shall not deriv ê
to derive profit

from making,	any profit from or be employed in making, adjusting, or
adjusting, or
selling weights	selling Aveights, measures, or Aveighing instruments :
or measures.	Provided that, witli the approval of the Inspeotor- General, an inspector may, outside the metropolitan police district, adjust any weight submitted to him for verification and charge a fee for the same, hut in no case shall this be done without sufficient cause; such fee shall be as prescribed in Schedule A.

PAET

Weights and Measures Act.

177

George V,

No. 10.

PART II.

Standards and U nits.

Standards.

1 2 . Tlie IVeights ;iud measures iruw deposited in the stamianis

Treasury shall, respectively, until removed therefrom for the purpose of substituting standards to he provided in pursuance of the following sections, be standard weights and measures of New South Wales.

13. Specimens of weights and measures of the stam ian is in

standard of the United Kingdom of Great Britain and	bt: jirovitled.
Ireland, as described in Schedule B, shall be provided hy the Minister and deposited in the Treasury hy the authority of the Governor; such weights and ineasuj'cs shall, subject to this Act, he standard weights and measures of New South Wales.

14. If any standard weight or measure is lost. Replacing

destroyed, defaced, or injured, another weight or

measure of the same standard shall, with the approval destroyed,

of the Governor, he provided by the Minister in place in'̂ ûred.’ ”

of the one so lost, destroyed, defaced, or injured. Such

weight or measure shall he deposited in the Treasury,

and shall, subject to this Act, he a standard weight or

measure of New South Wales.

15. The Governor, hy proclamation in the Gazette, w hen stami-

mav declare that any standard of New South 'Wales shall y'^yoasc to

cease to be such standard, and may revoke or alter any

such proclamation.

16. The Governor may cause such new denomina-New don.imi-

tions of standards as may appear to him to he required stewards,

in addition to those hereinbefore in this Act mentioned

to he provided and deposited in the Treasury, and may

prescribe the fees for adjusting, testing, veriiying,

and stamping the same. Such new denominations of

standards when proclaimed hy the Governor in the

Gazette shall he standard weights and measures of New

South 'Wales.

Departmental

178 Weights and Measures Act.

George V,

Departmental standards.

No. 10.4

___

1 7 .

The Minister shall provide copies of the standard

n̂darda!"*̂ * weights and measures of New South Wales.

Such

copies shall he verified as prescribed with the standards in the Treasury, and shall be known as the “ depart mental standards,” and he deposited in tlie office of the superintendent.

Departmental standards shall he renewed when necessary.

Local standards.

Local	1 8 . (1) The Minister shall provide such copies of Each sucli copy, except wliere its size rendei’s it im practicable, shall he legibly stamped with such letters and figures as are commonlv used to signifv the name or mark of the Sovereign, together with “ S.M .̂” for standard weight or “ S.M.” for standard measure, as the case may be, and the denomination of such weight or measure.
standards.	the departmental standards as may he necessary.
Their verifi	(2) Such copies shall be known as “ local standards,” and, after being verified as prescribed with the departmental standard.-, ,-,hall he trail.-emitted to the inspectors, and shall be safely and securely kept by them,
cation.
Periodical

verification

1 9 . A local standard of weight shall not he deemed

of local

legal nor he used for the pur[)oses of this Act unless it

standards.

has been verified or reverified within ten years before

the time at which it is used.

Falsifying standard.

Penalty for

falsifying

20. Any person who falsifies, injures, or destroys

Standard-

any standard shall be liable to a penalty not exceeding

one hundred pounds.

Units.

Units of

weight and

21. The units of weight and measure shall be those

measure.

described in Schedule C.

PART

Weights and Measures Act. J

179

Gijorge V,

Mo. 10.

PAET

II I .

The L aw of W eights and M easures.

Sale o f goods.

22. (1) Ev('i-y contract, bargain, s a l e , purcliasc, o r Coutracteand

dealing made or bad in New Soutb Wales for any work, aL':mii’ng \o

goods, wares, or mercbandise, or other thing which has steiuiani

been or is to lie done, sold, purchased, delivered, canded, melwmes*!"

or agreed for by weight or measure, shall he deemed to Act-, is78,

lie made and had according to the standard wt'ights or

̂ _

measnrt's ascertained liy this Act, or to some multiple or	49̂ g. 29.° ’
part thereof, and if not so made or had shall he void. All tolls or duties charged or colhtcttal according to weight or measure shall ht' chargttd and colk'cted according to one of the ahovementioned standards, or to some midtiplc or part thereof.

Such contract, bargain, sale, ]nirchasc, or dealing and Dciinition of

collection of tolls or duties as is in this section mentioned

is in this Act rd'erred to under the t('rm “ trade.”

(2)	No person shall sell or buy hy any denomina- Sab to be iiy

tion of weight or measure other than the standard	standards.
weights or measures, or some multiple or part thert^of.
(3) This section shall not apply to a contract, bargain, sale, purchase, or dealing in connection with	Foreign contracts
and sales.
the importation or export of goods, UTirt's, or merchandise from or to a country where other than the standard weights or measures, ascertained hv this Act, are used,

23. (1) All articles sold hy weight shall he sold hy A rtiibs to he

avoirdupois weight, except that—

avolr’a.po.s.

(a)

gold, silver, and articles made thereof, ])latinnm. Act, i87s, ounce troy, or hy any decimal pai’t of such ounce, or hy pennyweights or grains ;

(h)	diamonds and other precious stones shall he sold hy the metric carat, or hy any decimal part of such carat; and

(c)

(2) All contracts, bargains, sales, and dealings

in relation therelo shall he deemed to he made and had

hy such Aveights and, where so made or had, shall he

drugs, Avhen sold hy retail, may he sold hy apothecaries weight.

T alid .

24.

180 Weights and Measures Act.

George V,

24. In. any contract for the sale hy the hushel of

No. 10.

any articles mentioned in Schedule E, the hushel shall

Weight of

he determined hy weighing; the weight equivalent to a

(Canada.)

bushel of any such article being that stated in the said

Schedule.

bushel.

Sale by net	25. (1) No person shall sell by retail any article
•weight or

measure.	hy weight or measure unless hy net weight or measure.
Invoices and	(2) Every person delivering to any purchaser, at any place other than the premises of the seller, any article so sold, shall deliver an invoice or delivery note showing the net weight or measure of such article, provided that this shall not apply to bread, or to any article weighed or measured at the premises of the purchaser.
delivery
notes.

Package of	(3) No person shall sell or offer or expose for
goods to have

weiglit or	sale hy retail any article enclosed in a package unless
measure	the net Avcight or measure of the article is legibly
printed
thereon.	written or printed upon the outside of the package, or upon a label firmly attached thereto.
But this subsection shall not apply to articles weighed or measured, before or at the time of sale, in the presence of the purchaser.

Exemptions.

(1) This section shall not apply to any article—

(a) exempted by the regulations; or

(h)	exposed for sale or sold by Aveight in a package if the weight of such article is subject to variation hy reason of climatic influences, and the package bears a conspicuous label or inscription shoAving the Avords “ N et AA'cight AA’hen packed” , together w ith such weight.

Liquors.	(5) In the case of any liquors paying excise or customs duties, the measures set forth in any Act dealing Avith such liquors shall he held to satisfy the requirements of this section in regard to measure.
Approximate	(6) Weights and measures closely approxi mating those indicated on the invoice or delivery note, label, or inscription will be allowed, Avhen and as prescribed by regulations under this Act, either generally or with respect to particular articles.
weights and
Postpone

ment of

(7) This section shall not take effect until the

operation of

expiration of one year from the commencement of this

section.

Act.

2 6 .

Weights and Measures Act.

181

2 6 . Where the net weiglit or measure of an article George V,

sold is stated in an invoice or delivery note, or is written

No. 10.

or iirinted on a package enclosing the article, and such wheie net. net weight or measure is not correctly so stated, written, measure is or printed, the seller shall he gniltv of an offence against yot correctly

this Act :

Providt'd that in any prost'ciition for a contravention

of this section it shall Ite siiincient defence if the seller—

(a)	produces from the person from whom he ])iir- chased such article a written guarantee that the weight or measure written or printed on the package is correct; and
(b)	proves that he sold such article in the same state as Avhen purchased by him,

subject to the following conditions—

(c)	that the person giving the guarantee must he resident in New South Wales, or, if a company, must have a registered office in New South AVales; and
(d)	the guarantee must state the name and the j)lacc of business of the guarantor, and the name under Avhich he trades.

The form of fruarantee under this section may he prescribed by regulation.

Any ])erson who gives a guarantee Avhich is false, shall in addition to the penalty for the sale of any articles in contravention of this Act, be guilty of an offence against this Act.

2 7 . (1) Where any person in a slioj) or other ])lace. Provision for

or in any vehicle, pack, basket, or other receptacle, offers or exposes for sale, by retail, hy Aveight or measure', any

article, he shall have in a coiwenient place, capable of being easily seen hy the purchaser, a suitable Aveighing instrument or measure, Avith the necessary Aveights for Aveighing such artich' ; and shall, at the request of a purchaser of any such article sold hy retail, hy Aveight

or measure, Aveigh or nu'asurc it in the presence of the

purchaser.	.
(2) If the article is less than the due Aveight or measure, the person selling the same shall he guilty of an offence against this Act.

182 Weights and Measures Act.

George V,

28. No person shall, by means of Avords, description,

No. 10.

or other indication, direct or indirect, make any false

False declara

tion as to	declaration or statement, or Avilfully mislead any person
measures,	as to the number, quantity, measure, gauge, or weight
weights, &c.	of any articles sold or delivered by him, or sell or cause to be sold or delivered anything by weifflit or measure short of the quantity ordered or purchased.

Fraud in	29. Wliere any fraud is wilfully committed in the
using weight

or measure.	using of any weight, measure, or widgliing or measuring
Act, 1878,	instrument, the person committing sucli fraud, and
s. 26.	every person party to the fraud, shall b(' guilty of an offence against this Act, and the weight, measure, or instrument shall be seized.

PART IV.

V e r i f i c a t i o n

a n d

S t a m p i n g .

Verification 30. (1) Evciw Avcight, mcasui’e, and Aveighing or

andstamping. nieasuriug instrument Used for trade, not being a weight,

measure, or instrument exempted by the regulations shall be stamped with a mark of A'erification in juirsuance of this Act.

(2) ProA'ided that—

(a)

for the purposes of this secti'^n, a weight or measure duly verified and stamped in pursuance of the Act hereby repe:iled shall, if it is correct, be deemed, for the jieriod of one year from the commencement of this Act, to he stamped with a mark of A^erification in pur.-uance of this

A ct;

and

(b)

the operation of this section is suspended for one year from the commencement of this Act in the case of Aveighing and measuring instru ments which, before such commencement, might laAvfally have been used aaitlr.,at being- stamped as aforesaid, if the same arc cori-ect.

Weights and Measures Act.

183

31. (1) Every weight, measure, and weighing or George V,

measuring instrument used for trade, not being a measure

No. 10.

made of glass, shall he produced at the olRce of an Ruverifica-

inspector, and reverilied and stamped every two years,	tion and
(2) Provided that tlie Governor, liy regulation, may exempt from tlie operation of this section, subject- to sucli conditions as he may inpiose, any places named thi'i’cnn which arc situated at a greater distance than twenty mih's from the office of an inspector.
(3) Provided also that the Governor may make regulations for the more frequent reveritication and. stamping of spring balances, computing scales, and v.'cighhridgcs, and of weighing or measuring instruments for which a charge is made for use hy the public, and of weighing instniiiKnits used at collieries. Such regula tions may riapiire tin; ownei's of such weighing instru ments tc; provi-.le sucli staiiiped weights and such labour as tiicinspcctorcoiLsiuers necessary for the jtroqer eoiidticf of sucii veriiication.
(-!') In the (;ase of a w(-i,gliing or UK-asuring instrument which, hv reason c>f its being fixed or of its being so heavy that it cannot conveniently he moved, it shall he a siifficiinit compliance with this section h' arrangements are made to the satisfaction of an ins]iector for till' reveritication and stamping of the instrument within the period pri'scrihed.

32. No ])crson shall use, or have in his possession Peuaity for

for use for t rade, any weight, measure, or

unTiLnped

or iiK'asuring instrunnmt which is not stamped as required weights, &c.

hv this Act. or which is incorrect or unjust.

33. No nersonshall use for tradeany weight,measure, Using

or weighing or measuring instrument which has hecomi'

defective in consiapience of wear or accident, or has weights, &c.,

been mended or rtqiaired, until the same has been re- ““stamped,

sttimped. Any person mending or repairing such

defective weight, measure, or instrument shall destroy

any existing stamp thereon.

34. The fees for testing, verifying, or stamping' Fees for

wtnghts, measures, and weighing or measuring instru-

meats sliali he those prescribed in Schedule D.

PART

184 Weights and Measures Act.

George V,

No. 10.

PART V.

S a l e

o f

C o a l

a n d

P ir e a v o o d .

Sale to be

35. All coal and firewood shall he sold bj’’ weight,

by weight

unless by	provided that in the case of quantities exceeding five
consent of
purchaser.	hundredweights, if the written consent of the purchaser he obtained, it may be sold otherwise as agreed.
W ritten

consent of

36. The driver of any vehicle conveying coal or fire

purchaser to	wood in quantities exceeding five hundrediveights, which
be produced.	the purchaser has agreed shall be sold otherwise than by weight, shall carry the purchasers Avritten consent to such sale, and shall produce it on demand to any inspector.
Application

of last two

37.

The last tAvo preceding sections, so far as they relate to fircAA’ood, shall apply only to the metropolitan and Parramatta police districts, hut may be extended to such otherplacesas theGoAX'rnor, by proclaihation, may notify.

preceding

sections.

Fraudulent

3 8 . No person shall—

sales.	(a)	sell coal or fircAVOod hy description which is
false as to the sort of coal or fircAVOod sold ; or
(h)	sell or deliver AÂet coal or firewood with intent
to defraud the purchaser as to the Aveight of
coal or firewood sold or delivered ; or
(c)	sell or dclh'er coal or fircAvood short of the quantity purchased, or of the quantity pur ported to he sold or delivered ; or

English Act,

(d) make any false statement as to the Aveight of

1889, 8. 23.

any coal or fircAvood ; or

(e)	being in charge of a vehicle, Avilfully make any false statement as to the tare Aveight of the A'ehicle, or AA'ilfully do any act hy Avhich either the seller or purchaser of any coal or fircAvood

is defrauded.

Regulations

3 9 . The Governor may make regulations for any of the subjects folloAA-ing :—

(a)	The sale, weighing, and delivery of coal and firewood, and the proA'ision and use of weigh ing instruments in connection therewith.
(h)	The issue hy sellers, to drivers of vehicles con veying coal or fircAvood, of weight tickets, and the carrying and production of such tickets and deliverv of same to purchasers.

(c)

Weights and Measures Act.

185

(c)

Tlie weighing of any vehicle conveying coal or George V,

firewood, or the load thereon, or any part of

No. 10.

such load, on demand hy a purchaser or an

inspector.

(d)

Generally for other matters for carrying out the provisions of this Part.

(e)

For imposing a penalty not exceeding ten liounds for any breach of any regulation.

PART TI.

Gkxeual Axn Supplemental.

•/

IvHpectioti.

40. (1) Any inspector may at all reasonable times— insiioctiou of

(a)	enter any building or place, or stop and inspect mcMmes.and any vehicle wherein or in connection w ith which >i>soumcnts. Aveights, measures, or Aveighing or measuring

instrum ents are used for tra d e ;

(b)	inspect any Aveights, measures, or AAmighing instruments in the possession of any person having a pack, basket, or other receptacle con taining articles for sale; and
(c)	examine and test such Avdghts, measures, and AAmighing or measuring instruments.

(2) Any Aveight, measure, or Aveighing or seizure,

m easuring instrum ent Avhich is not stamped as required by this Act, or Avhidi is incorrect or unjust, may he seized by an inspector.

41. Any inspector may at all reasonable times enter inspectiou of

any building or place, and stop and inspect any vehicle,

or inspect any pack, basket, or other receptacle, and any ‘	"
article therein, kept or exposed for sale in a package, and Aveigh or cause the article to he Aveighed or measured in the presence of the person in charge of the same, and may seize any article in respect of which a contra

vention of this Act has been committed.

42.

186 Weights and Measures Act.

George V,

42.

Any person nlio binders or obstructs any in

No. 10.

spector in tbe execution of bis duty under this Act, or

Obstruction

of inspector.

wbo does not, when requested by sucli inspector, produce all weights, measures, or wcigbing or measuring instru ments in bis possession for examination or testing, shall be guilty of an olfence against this Act.

Unjust iveiglits, measures, or ireighing instruments.

Forged

stamp.

43. (1) Ao person shall—

Act, 1S78,	(a) forge or counterfeit or unlawfully have in bis possession any stamp used for stam ping under this Act or under tbe Act hereby repealed any weight, measure, or weighing or measuring instrum ent, or in any way alter or tarapc'r with any weight, measure, or weighing or measuring instrum ent which has been so stamped, so as to cause it to weigh or measure unjustly ;
s. ‘M ; Act,
1889, s. 1.
Weight, mea
sure, or instru	(b) knowingly use, sell, dispose of, or ('xpose for measuring instrum ent, w ith such forged or counterfeit stump thereon, or any weight, measure, or Aveighing or measuring instrum ent so altered or tampered with ;
ment, with

forged stamp.	sale any weight, measure, or weighing or
Act, 1878, 8. 2 ;
Act, 1889, 8. 1.
False or unjust

weight, mea	(c) wilfully or knoAvingly make, or sell, or cause
ment.

sure, or instru

to he made or sold, any Aveight, measui’e, or

Act, 1878, 8. 25.

AAmighiug or measuring instrum ent AAdiich is

false or u n ju s t ;

Increasing or	(d) increase or diminish any stamped Aveight or sale any such increased or diminished Aveight or measure : Provided th a t nothing herein shall apply to any ])erson Avho increases or diminishes any stamped Aveight or measure Avhen he adjusts the same to standard, and entirely obliterates the stamp thereon.
diminishing

stamped

measure, or use, sell, dispose of, or expose for

weight or

Contract in

(2)	A l l A" hurgaiii, sale, or contract made in

reference to

„

‘

- i x

false weight or rctcrence to any ialse or uniust weight, measure, or

i i iC A D ii r c .

. . . .

* 1

weighing or measuring instrum ent shall be void.

Penalties.

Weights and Measures Act.

187

Penalties.

No. 10.

44. Any ]i('rsnn Avho contravenes or is guilty of an i>enaiiie».

olF('nce aijainst tliis Act, for which no specific penalty is in this Act ])rovi(lc(l, shall on conviction be liahh; to a penalty not (vvecH'ding twenty pounds.

45. Any weights,measures, or wcn'gliing or measuring Forfeiture,

instruments in connection withwhiHi any contravent ion of or ofi(Mice against this Act was committed may on conviction of any person guilty of such contravention or otFenci' he forhdted to 11 is Majesty, and may he dis])osed of as ili<‘ court din'cts,

46. IVliere a person is convict(;d of a second or suh- imiuison-

s('(juent contravention of f>r olfence against tliis Act, and nauj.

the court hy wliicli he is convicted is of opinion that such j.;„gii.Ui Aut,

<!oiitraveut ion oi' on'eius' was committed witli intent to

defraud, lu' siiall he lialihg in addition to or in lieu of

any penalty, to he imprisoned for a term not e.vceeding

i hrcc months.

Procedure.

47. I’enalties and forlhitures under this Act may he Recovery of

imposed, recoveri'd ;md enforced in any court of petty

sessions.

48. No procof'ding or conviction for any ofl'ence comirti.,n n.,t

' unishahle under this Act shall pri'judice any civil !“nlliy!'''''

pi-oceeding^.

49. 'I'his Act shall not exempt any person from any This Act not

indictment 'u’ oilier ])roe<'oding for an offence Avhich

Muishahle at common law or under some other Act, hut imUcuncMi.*

■	; ) find, no ja-rson he punished twice for the same olfence.

5 0 . IVln n any wnght, measure, or weighing or Kviiienceu.=!

ensuring in- trnnnait i'̂ found in the possession of any

■ermn car yunr on tradig or on any premises which, hether a building or in the open air, are used hy any ason for trade, sucli ])or.son shall he deemed for the rposi's ()'■ ihis .Act to have such weight, measure, or sfrument in Ids possession for use for trade.

j 1 . I’roia'cdings for a penalty for a contravention I’l-occcdiiigs

this Act l)v a coi’poration or incorporated company

' IV he tahen against any person who is the manager

188 Weights and Measures Act.

George V,

or who acts in the management of snch corporation or

No. 10.

company, and such person shall he personally liable in

such proceedings for such contravention.

Costs or	52. If an information is laid hy any person other
failure of

jirosecution.

than an inspector, and the proceedings are withdrawn or dismissed, the court may, if it thinks tit, order that the said person pay to the defendant such compensation for costs and loss of time as seems reasonable.

Costs on

53. In any conviction under this Act, the court

eonvietioii.

may order such payment as it thinks tit as compensation for loss of time or expense incurred in con.sequcncc of the offence of which defendant was convicted, or in con nection with the proceedings to secure such conviction.

Evidence of

54. In any proceedings under this Act, any printed

regulations.

paper purporting to he regulations made hy the Governor under this Act, and to he printed hy the Government Printer, shall he evidence that the regu lations in the words jirinted in such paper were duly made and published under this Act.

Penalty

55. One-half of any penalty imposed under this

imposed.

Act shall he placed to the credit of the Consolidated Pevenue, and one-half to the credit of the Police Superannuation and Peward Pund.

Fees.

Fees to be

paid into

56. -'̂ 11 fees received hy an inspector in pursuance

Treasury.

of this Act shall he accounted for by him, and paid into the Treasury and carried to the Consolidated Pevenue Account.

Feg Illations.

Regulations	5 7 . The Governor may make; regulations for any of
(Canada and

Board of

the subjects following ;—

Trade).	(a) Tlie guidance of the superintendent and
Superin

tendent and

inspectors in the performance of their duties,

inspectors.	(h) The fixing of times and places for the sub mitting for verification and the verifying and stamping of weights, measures, and weighing or measuring instruments.
Local	(c) The conditions for the suppp, custody, care, and verification of departmental and local standards, and the certifying of such veri
standards.

fication.

(d)

Weights and Measures Act.

ISO

(d)

The amount of error rvliich may l)o tolerat('(l in George V,

meiglits, measures, and meigiihm or measuring

0̂-

instruimaits.

(e)

Tim slia])es, dimensions, and pro])ortions to l)e Particniai-s of

required in ■weights, measures, and rA'eighing

•

g . " l e i s u i - o s , a7ul

or nu'aslirmg m stnim ents, and tlie materials ol instnimunts.

Avhich tlu'y shall he made.

(f)

Dellning and specifying Avhatrveights, measiua's, ’wiiatwriuiits,

and u eiii'liing or measuring instrum ents shall,

'‘"f'

“

inî h'Uiiicnl.s

or sliall not, bo adm itted to venlicatioii, and mny !>.•

the tc'sts to he ajiplied to ascertain their accuracy

and ('lUciency.

(g)	Limiting the purjioscs or trade's for or in 'which Limitatinn of certain wi'ights, nu'asun's, Avi'ighingor nu'asur-

ing instrum ents may lawfully he used, and ]U’('- scrihing the class of ^yeighing or measuring instruments 'which arc to lie used in certain trades.

(h)

Tin' testing, verifying, and stamping of 'wi'ights, Tc?tiiiL'. ments, and the adjusting of weiglits.

(i) Prescrihiiui' the instrum ents for testing and verifyimr 'wciglits, measures, and 'weighing or nu'asnriug instruments.

(j)

The marking on 'weights and measures of their Mi ikiims ,>i, measuring instruments of their capacitic's and

other markings. Tlie obliteration of stamps on weights, measures, and Aveighing or mea suring instrunu'nts found to he incorrect or not in accordance Avith these regulations.

(k)

The payment of the fees prescrilied for the I'e s fm- Aveights, measures, and Aveighing or measuring instrum ents.

(l) The classes of Aveights to he used on certain cn«'sof

weiglits on A'cr-

Aveighing

instrum ents.

tain mauiincs .

(m)	The registration hy oAvners or lessees of public AA’cighing or m easuring instrum ents, and the examination and licensing of Aveiglmicn, and generally for their supervision and control.

(n)

190 Weights and Measures Act.

Geoi^e V,

(n) The regulation of the taking of tare weights of any veiiicle used for tlie conveyance of goods sold or carried hy weight; the issue and pro duction of tickets showing such weight, or the weight of the loading on such vehicle, or the weight of the loading and the vehicle ; pro viding for such weighing hy an insjiector, and for preventing frauds in connection with goods conveyed on vehicles and sold or carried by weight.

No. 10.

(o)	Prohibiting the sale of certain goods by measure of capacity.
(p)	Providing for exemptions in pursuance of this Act.
(q)	The method of marking upon articles their weight or measure.

General

(r) Generally for other matters for carrying out Eor imposing any penalty not exceeding ten pounds for any breach of any regulation.

matters.

the provisions of this Act.

Penalty.	(s)
Regulations

to be

58. All regulations made under this Act shall be

published in

published in the Gazette, and shall, within fourteen days

Gazette.

after such publication, be laid before Parliament if then in session, and, if not, then within fourteen days after the next ensuimj: session ; and, upon such publication, if not disalloiK'd by either House of Parlianumt by resolution of which notice is given Avithin fourteen sitting days after such regulations have been laid before such House, such regulations shall be of the same effect as if they were enacted in this Act, and shall not be questioned in any proceedings whatsoever.

SCHEDULES.

Weights and Measures Act.

191

Geoi^e V,

SCHEDULES.	No. 10,
SCHEJ>rLE A.

I<’ n n s

F O E

AI)JU STIN (!

W E I G H T S .

A voirdvpoiti.

T roy a w l AjKjUiecaries.

Each	:	ZEach
■weight.	weight.

56 lb. to 1 oz.

6d.

500 oz. to 1 oz.

...

Is.

S lip 'w eigh ts on wihgliing insi l•^lnl(•llts

...

Gd. eaeli w eight.

A n inspecto r is nol, nM|uired to ad ju s t w eights of a less denom ination

th a n

show n in th is Schedule.

SCHEDULE E.

STAX DAK n s .

W	e i g h t s .

Avoird/ipois.

56 lb., or

cw t.

4 oz. or 1 11).

28 „ or 1 „	2 „
11 n	1 e

8 d ram s or

4 „

or 1

2 ,

„

1 d ram

S oz or

lb.

D ecim al gra in

(^Avoirdnpoir)

4,000

g ra ins

2,000

„

1,000

„

g ra in

500

„

•5 “ ,,

.300

„

■3

200

„

•2

„

100

„

•1

„

•05 „

„

•03 „

„

•02 „

„

•01

5 „

Troy.

192 Weights and Measures Act.

George V,

T roy

No. 10.

500

ounces

•5 ounce

300

•3

„

200

•2

„

100

•1

5 ♦

■05

„

■03

„

5 5

■02

„

■01

„

■005

„

5 ?

■003

„

■002 „

ounce

■001 „

P ennyw e igh ts a n d g ra in s

(Troy).

240 grains.	com m only c a l le d 1 0 pennyw eigh ts o r	̂ oz.	6 g r a in s
1

120

5 5

'4̂

5 5

„

24	„	55	1	55	2	„
12

„

g r a in

A pothecaries.

1 ounce

10 g rains, o r 1 scruple

4 drachm s, o r 4 ounce

2	,,	o r 4- ounce	5	55
1	„	4	55

scruples

5 5

o r 4 d rachm

1 scruple

1 g ra in

M e t r i c

C a r a t .

500 c a ra ts

c a ra ts

•05

c a ra t

200

„

■02

55 55

100	„	1	c a ra t	•01	55
50	„	■5	•005

55 5 )

20	„	•2	>5
10	„	•1	55

M e a s u r e

o p

E x t e n s i o n .

Y ard , 2 feet, 1 foot, 1 inch .

Measures

Weights and Measures Act.

193

J lE A SU lU iS

C a PACITV.

Gsorge V,

10 gallons

Apolhecaries’ measures.

Mo. 10.

8 gallons or 1 bushel

40 fluid ounces to 1 ounce

„

16 fluid drachm s to J drachm

4	j,	o 1	1	,,	GO m inim s to 1 m ii.im
3	„

„

or peck

G allon

H a lf gallon

Q u a rt

P in t

H a lf	p in t
G ill	o r 4-p in t

H a lf gill

Q u a rte r

gill

S C H E D U L E

U n i t s

o f

W n n i i i T

a n d

M e a s u k k .

Measures o f iveight.

T he stan ila rd pound shall be the legal standai-d

im asu n ' of w eight, English Act.

and of m easure having reference to w eight, and shall he th e only u n it o r s tan d a rd m easure of w eight from wiiich all o th e r w eights, and all m easures hav ing reference to wu'ight, shall be ascertained.

O ne-six teen th p a r t of the

s tan d a rd

pound shall he

an ounce, and Ibid.

one-six teenth p a r t of such ounce shall be a dram , and one seven-

th o u san d th p a r t of the

s tan d a rd

pound

shall lie a g ra in .

A hund ted w eight shall consist of one hund red an d tw elve pounds, English and

and a ton shall consist of tw en ty such hundredw eigh ts.

N ev South

Provided th a t a ton of flour, b ran , pollard, sharp.s, sem olina, w heat- meal, o r o th e r m illed p ro d u c t of w heat shall consist of 2,000 pounds.

''''

•

F o u r h u nd red and eigh ty g rains shall he an ounce troy or apothecaries.

Measurt's u f capneity.

T he m etisures of capac it3

u n it or s tan d a rd

mettsurc of

capacity from

w hich all o th e r English Act.

', as well for liquids as for d ry goods, shall he

derived, shall bo

th e gallon, con ta in ing ten

s tan d a rd

pounds w eight

o f d istilled w ater weighed in a ir aga in s t

b rass w eights,

w ith th e w ati'r

and a i r a t

the tem p era tu reo f sixtv-twoclegrees F ah re id ie it's tliennom eter,

and th e barom eter a t th ii iv ineh(>s.

The q u a r t shall be th e fou rth jiai't of

th e gallon, and th e p in t

shall

he th e e igh th fiart of the gallon. Two gallons shall he a peck, and e ig h t gallons shall hi> a hushel, and e ig h t such bushels shall be a q u a rte r.

M easures o f length.

The s tan d ard

y ard

shall

he th e onlj' u n it or s tan d a rd m easure of Ilia

ex tension , from w hich a ll

o th e r m easures of

exten.sion, w hether linear,

superficial, o r solid, shall be asci rta ined .

Gr	O ne-th ird

194 Weights and Measures Act.

George V,

O ne-th ird of tlie s tan d a rd yard shall be a foot, and

th e

tw e lf th p a r t

No. 10.

of such foot shall be an inch, and th e rod, pole, or perch in leng th shall

English Act.

be five such yard s and a h a lf ; and th e chain shall con ta in tw enty-tw o

such

yards, an d th e m ile one thousand

seven h u nd red and six ty such

yards.

IM.

The rood of lan d shall

con ta in

one thousand

tw o h u nd red

an d ten

square yards, according to th e stan d ard yard , and th e acre of land shall con ta in four thousand e igh t h u nd red and fo rty such square yards, be ing

one h u n d red

and s ix ty square rods, poles, o r perches.

S C H E D U L E

F e e s

t o

b e

p a i d

f o r

T e s t i n g ,

V e r i f y i n g ,

o r

S t a m p i n g

e i g h t s

AND M e a s u r e s a n d

e i g h i n g

o r

M e a s u r i n g

I n s t r u m e n t s .

Weights.

A voirdupoi s.

T roy and A pothecaries.

56 lb ......................

. . .

6d. each

O ver 100 oz.

...

Is . each

28 „

..................

...

Id .

„

100 to 10 oz.

...

6d.

i f

„

..................

. . .

3d.

5 oz. o r u nder

...

3d.

i f ■

7 ,, to 1 lb. ...

... 2d.

„

240 g ra in s or under.. 3d.

8 oz.

o r u n d er

...

Id .

„

D ecim al

g ra ins

3d.

each

w eight.

Measures

f capacity.

10 gallons

Is . each

8 gallons or \ bushel	.	Is.
5 gallons .	Is.
4 gallons or h bushel	.	9d.

3 gallons

9d.

)}

2 gallons or 1 peck

6d.

gallon

4d.

•

H a lf gallon

3d.

Q u a rt

o r

u n d e r

. . .

2d.

Subdiv ided m easures shall be charged fo r each subdivision a t th e r a te p rescribed fo r m easures of sim ilar capacity .

A po thecaries’ m easures, Cd. each.

M easures o j extension.

O ne yard , 2 fee t, 1 foot, 1 inch ...

3d. each

Weighing

Weights and Measures Act.

195

]\'i‘{ijhing

Dients

G eorge V,

W oigliliridgcs and crane w eighing inacliines

£1 Is . each.

No. 10.

W eigh ing

in s trinne iits

(doi'inant)

...

15s. e.ach.

W oigliing m achines, .sdsdyards, balance.s ai

.s|ii'ing scales, capacity 1-t lb. and under

Is .

each.

over I t lb. to 1

cwt.

,,	„	over 1 cw t.	...	6d. for each ad d itiona l
cw t., Ol’ jia rt thereof.

C om pu ting scales, 10 lb. and under

2s. (id. each.

over 10 lb, to 150 lb,

5s.

„

over 1-50 lb.

.,,

Is . fo r each add itional

cw t.,o r p a r t thereof.

These fees include th e stam ping of one se t of p ropo rtional w eights

'where such are used ; dup lex .sets to be charged h a lf abovm fees.

O ne half above fees to be chargeable fo r w eights, m easures,

o r

w eigliing

in s tru m en ts

tes ted

an d

rejected

inco rrec t

o r o th e r

wise unsuitable.

the “ 100 11). " in place of

case

w eighing

in s tru m en ts g radua ted in centals, read

I n

1 cw t.'

F o r

th e

tes tin g for

verification of w i'ig h in g o r m easuring

in s trum en ts

a t premi.ses outside th e in specto r’s ottice, ow ners shall provide cartage fo r ncci'ssarv w eights, and labour to hand le sam e, and shall pay an ad d itio n a l m ih'age fee in aeeordance w ith the regulations.

S C H E D U L E

e i g h t s

f o u

H u s h e l .

Article.

Weight.

A m ber cane

...

CiOll).

H arley	...	...	...	50	„
Heaiis	...	...	...	GO „
H raii	...	...	...	20 „
Hroom corn	...	...	50 „
H uck w heat	...	. . .	50	„

C lover, red or w h ite	. . .	20 „
G rassi's— couch, cocksfoot, paspaluin , rib , rye	...	20 „

H u n g a ria n	m ille t	. . .	. . .	60	„
Iniplieo	...	...	. . .	GO	„
L ucerne	...	.. .	.. .	20 „
M aize	...	...	...	5G	„
O a ts	.. .	...	. . .	10	„

P la n te r ’s

fr ien d

.. .

. . .

„

P eas	.. .	...	.. .	GO	„
P o lla rd	...	...	.. .	20	„
l iy e corn	.. .	...	. . .	60	„
S orghum	...	...	.. .	60	„

T ares or vetches	...	.. .	60	„
W h e a t (seed)	...	.. .	60	„

MOTOR