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Dealing in counterfeit weights, &c.
Forfeiture of counterfeit weights, &c.
Alteration of marks.
Appropriation of penalties.
Forfeiture on conviction.
Imprisonment in default of
payment of penalties.
42. Every person who knowingly sells, alters, disposes of or exposes for sale any weighing-machine, weight or measure with any forged or counterfeit stamp or mark thereon, resembling, or intended to resemble, any stamp or mark used under this Ordinance, shall be guilty of an offence against this Ordinance and be liable to a penalty not exceeding ten pounds.
43. Every weighing-machine, weight or measure having thereon any forged or counterfeit stamp or mark resembling, or intended to resemble, any stamp or mark used under this Ordinance shall be forfeited to His Majesty and may at any time be seized by any Inspector acting within his Inspectoral District.
44.-(1) Every person who, with intent to defraud, alters any weighing-machine, weight or measure stamped or marked according to this Ordinance; and
(2) Every person who, with intent to defraud, uses in any sale, contract or other dealing any weighing-machine, weight or measure altered as aforesaid—
Shall be guilty of an offence against this Ordinance, and in respect of a first offence shall be liable to penalty not exceeding ten pounds, and in respect of a subsequent offence to a penalty not exceeding fifty pounds.
45. Every offence against this Ordinance may be heard and determined by a District Commissioner.
46. All penalties imposed under this Ordinance shall, when recovered, be paid to the Treasurer for the public use of the Colony; provided that the Governor may award any portion of any such penalty, when recovered, to such person or persons, who shall have been of assistance in the prosecution, as he may think fit.
47. Where an Inspector shall have reasonable and probable cause to believe that an offence against this Ordinance has been committed in respect of any weight, counterpoise, weighing-machine or measure, he may, acting within his Inspectoral District, seize such weight, counterpoise, weighing-machine or measure, and, upon conviction of any person of an offence in relation thereto, such weight, counterpoise, weighing-machine or measure shall be liable at the discretion of the convicting Commissioner to be forfeited to His Majesty.
48. In default of payment of any penalty imposed for a breach of any of the provisions of this Ordinance the convicting Commissioner may order that the person making default shall be imprisoned, with or without hard labour, for any term not exceeding the period specified in the following scale:
Where the penalty does not exceed five pounds, for any term not exceeding one calendar month;
Where the penalty does not exceed ten pounds, for any term not exceeding two calendar months;
Where the penalty does not exceed twenty-five pounds, for any term not exceeding three calendar months; and
Where the penalty does not exceed fifty pounds, for any term not exceeding six calendar months;
And any such imprisonment shall be determined upon payment of such penalty.
49. The Governor in Council may from time to time make, alter and revoke regulations prescribing:
(1) A table of fees to be taken by the Inspectors for stamping, marking or verifying weights or measures under this Ordinance; and
(2) For better carrying into effect any of the purposes of this Ordinance.
All regulations made under this section shall be published in the Government Gazette.
Unless and until varied or revoked in the manner above prescribed the table of fees set out in Schedule H. hereto shall be and remain in force.
Governor to make Regula
50. All actions or other proceedings for anything done by any Limitation of Inspector under this Ordinance shall be commenced within four actions. months after the matter complained of was done, and not later, and notice in writing of such action or other proceeding, with full particulars of the cause thereof, shall be given to the defendant one month at least before the commencement of such action or proceeding.
In every such action the defendant may plead the general issue and give this Ordinance and the special matter in evidence at the trial. No plaintiff shall recover in any such action, if tender of sufficient amends was made, before such action was commenced, or if a sufficient sum of money is paid into Court, after such action is commenced, together with costs incurred up to the time of such payment into Court. If the plaintiff becomes nonsuit or discontinues the action, or if in any way judgment is given against the plaintiff, the defendant shall be entitled to full costs as between solicitor and client.
51. Nothing in this Ordinance contained shall enure to prevent Vessels not the sale, or subject a person to a fine under this Ordinance for the represented sale, of an article in any vessel, where such vessel is not represented as Imperial as containing any amount of Imperial measure, nor subject a person to a fine under this Ordinance for the possession of any vessel, where it is shown that such vessel is not intended for use as
Short title and
52. This Ordinance may be cited for all purposes as "The application. Weights and Measures Ordinance," and shall apply to the Colony
Measure of Length.
An Imperial Standard Yard, graduated to parts of one-eighth part of an inch.
Measures of Avoirdupois Weight.
One hundred and twelve pounds, or a hundredweight. Fiftysix pounds, or half a hundredweight. Twenty-eight pounds, or a quarter. Fourteen pounds, or a stone. Seven pounds. Four pounds. Two pounds. One pound. Half a pound. One-fourth of a pound. An ounce. Half an ounce. One-fourth of an ounce.
Measures of Capacity.
A bushel. Half a bushel. A peck. A gallon. Half a gallon. A quart. A pint. Half a pint. One-fourth of a pint, or a gill.
(See ss. 5 and 9.)
(See ss. 6 and 9.)
(See s. 10.)
(Sce s. 18.)
Form of Certificate of Justness.
I hereby certify that the following weights and measures [or weighing machine] namely brought to me by residing at were this day stamped for marked or verified] by me, the same having been examined and found correct by me. Dated at this 19 .
Note.-This certificate remains in force for twelve calendar months from the date hereof.
Table of Fees.
1. The following fees shall be paid to and received by Inspectors of Weights and Measures for stamping, marking and verifying weighing machines, weights and measures under the Ordinance,
For comparing and stamping or marking:
Each weight to be used with any weighing-machine, 6d. ;
Each weight of 2 lbs. or above, 3d.;
Each set of weights, or portion thereof, under 2lbs., 6d. ;
Deputy Inspector of Weights and Measures.
1 cwt., 18. Od.;
5 cwt., 18. 6d. ;
1 ton, 28. Od.;
10 tons, 58. Od.;
2. "Inspector" includes "Deputy Inspector."
3. The Inspector who stamps, marks or verifies any weight or measure, or tests any weighing machine shall receive the fee in the first instance, and shall pay such fee into the Treasury as part of the general revenue of the Colony; but shall be entitled to receive from the Treasury for his own use one-half of all such fees. as he may have paid in as aforesaid.