Class XXXIX.] Weights and Measures. effectual Prevention of the Use of defective Weights, and of false and unequal Balances.-[22d June, 1795.] No. XV. 35 Geo. III. c. 102. WHEREAS by an Act made and passed in the sixteenth year of the reign of King Charles the First, it was, among other things, enacted, hat from thenceforth there should be but one weight, according to the andard of the Exchequer, throughout all the realm, as well in places privileged as without, any usage or custom to the contrary notwithstanding. And whereas the said recited Act, and the several other laws now in force for the due regulation of weights, have been found ineffectual for that purpose; and divers frauds are committed by persons using deficient eights, and false or unequal balances, by which the poor in particular Pre much injured: And whereas it would tend greatly to prevent such rnicious and fraudulent practices, if the justices of the peace throughit the several counties of England and Wales, at their respective quarFF sessions, were impowered to appoint proper persons to examine the Weights and balances throughout the said counties, and to punish such persons as should be found offending in the premises;' Be it therefore enacted ov the King's most excellent Majesty, by and with the advice and consent the Lords Spiritual and Temporal, and Commons, in this present Parment assembled, and by the authority of the same, That, from and fter the passing of this Act, it shall and may be lawful to and for the justices, at every quarter sessions of the peace to be held for any county, rid- Quarter sesing, liberty, or division, in England or Wales, and they are hereby required sions to ap6 appoint one or more person or persons to examine the weights and ba- point persons weights and lances within their respective counties, ridings, liberties, and divisions, to examine balances. such person or persons so to be appointed to be the high constable of a hundred, who shall have the power of examining within his hundred, or the constable and parish officers of a parish, who shall have the like power within his and their parish, or such other fit and proper person or persons as the said justices shall in their discretion think fit, who shall have a power of examining within such district as such justices shall appoint. Persons so appointed, to visit shops, false weights, &c. and seize &c. II. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the person and persons so to be appointed as aforesaid, and they are hereby required (having first been sworn duly and faithfully to execute the office in him or them reposed, by virtue of such appointment, and of this Act, which oath the said justices are hereby authorized and empowered to administer), once in every month at the least, in the day-time, to enter into the shop, house, outhouses, and other premises near to such shop or house, and into the stall or standing place of every person or persons who shall sell or retail by weight any wares, provisions, goods or chattels whatsoever, and then and there to search for, view, and examine, all weights and balances in such shop, house, outhouses, premises, stall, or standing place, and to seize any weight or weights not being according to the standard in the Exchequer, or any false or unequal balance or balances, which shall upon such search be found, and forthwith to break and destroy the same; and the person or persons in Penalty for whose shop, house, outhouses, premises, stall, or standing place, any such having false weight or weights, balance or balances, shall be found, shall, upon convic- weights, &c. tion thereof before one of his Majesty's justices of the peace for the county, riding, division, or place where the said offence shall be committed, upon view or confession, or upon the oath of one or more credible witness or witnesses, forfeit and pay such sum of money, not exceeding twenty shillings nor less than five shillings, as the justice before whom such person or persons shall be convicted, shall in his discretion order and adjudge, such forfeiture to be levied by warrant under the hand and seal of the said justice, by distress and sale of the goods and chattels of the person or persons so offending, and to be paid to the treasurer of the county, riding, or division, where the said offence shall be committed, to be by him applied towards the expences of carrying this Act into execution, and the residue (if any) in aid of the general county rate. III. And be it further enacted, That if any person shall wilfully obstruct, VOL. VIII. Y obstructing inPenalty for spectors, or refusing to produce weights, &c. No. XV. 35 Geo. III. Quarter-ses sions to allow ors out of the Persons punished under this Act not to suffer by any other. Act not to lessen the authority of persons appointed at court leets. Justices to cause standard weights to be purchased out of the county rate, which shall be produ Weights and Measures. hinder, resist, or in anywise oppose, any of the persons hereby authorized IV. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the justices at their said quarter sessions, to allow to such person or persons, who shall be appointed to examine weights and balances under this Act, a reasonable recompence or satisfaction for their trouble in the execution of the said office, such recompence or satisfaction to be paid to such person or persons out of the general county rate. V. Provided always, and be it further enacted, That any person or persons convicted of an offence under this Act, and who shall suffer for the same under this Act, shall not be otherwise punished for such offence by virtue of any other law or statute of this realm. VI. Provided also, and be it further enacted, That this Act, or any thing herein contained, shall not extend, or be construed to extend, to lessen or prevent the authority which any person or persons, bodies politic or corporate, or any person appointed at any court leet for any hundred or manor, may have or possess for the examining, regulating, seizing, breaking, or destroying, any weights or balances within their respective jurisdictions, but that he, she, and they, shall and may have and possess the same power and authority therein as if this Act had not been made. VII. And, for the more effectually carrying this Act into execution, be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the said justices, and they are hereby empowered and required, as soon after the passing of this Act as may be convenient, to purchase, or cause to be purchased, for the use of their respective counties, ridings, or divisions, out of the general county rate, proper weights, acced to persons the inspection of all persons, either with the respective clerks of the peace, cording to the standard in the Exchequer; which shall be deposited for or with some proper person, in such safe and convenient place or places, within their respective counties, ridings, or divisions, as the said justices shall direct; and shall be produced by the person or persons in whose custody the same shall be lodged (upon reasonable notice) at such time and place as any person or persons shall, by writing under their respective hands, require and appoint; the person or persons so requiring the production of the said weights paying the reasonable costs and charges of producing the same. paying the costs of production. No person to VIII. Provided also, and be it further enacted, That no person or perbe prosecuted, sons shall be prosecuted for any offence against this Act, unless informaunless informa- tion thereof upon oath shall have been given to some justice of the peace tion be given within one month after the offence committed. within a month. Public Act. No. XVI. 37 Geo. III. c. 143. IX. And be it further enacted, That this Act shall be deemed and taken to be a public Act; and be judicially taken notice of as such, by all judges. justices, or other persons, without the same being specially pleaded o set forth. [No. XVI.] 37 George III. c. 143.-An Act to explain and amend an Act made in the thirty-fifth Year of the Reign of his present Majesty, intituled, An Act for the more effectual Prevention of the use of defective Weights, and of false and unequal Balances.—-[20th July 1797.] 35 G.3. c. 102. WHEREAS by an Act, passed in the thirty-fifth year of the reign of his present Majesty, intituled, An Act for the more effectual Preven recited. الا d e, le n 11 d I 10 ts r tion of the Use of defective Weights, and of false and unequal balances, it No. XVI. c. 143. the justices, at every quarter sessions of the peace for any county, riding, 37 Geo. III. liberty, or division, in England or Wales, to appoint certain persons to 'examine the weights and balances within their respective districts, and 'that the persons so appointed should, once in every month at the least, 'examine such weights and balances; and the persons in whose possession ( any false weights or balances shall be found, were subjected to a penalty, 'not exceeding twenty shillings, nor less than five shillings, to be paid to 'the treasurer of the county, riding, or division, and be applied by him for the purposes therein particularly described: And whereas the said Act might be more conveniently executed, if some of the powers thereof were 'vested in the justices of the peace at their several and respective petty 'sessions; and it is expedient that certain other alterations should be made in the said Act;' May it therefore please your Majesty that it may be y enacted; and be it enacted by the King's most excellent majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That, from and after the tenth day of July one thousand seven So much of hundred and ninety-seven, so much of the said recited Act as requires the recited Act as justices, at the quarter sessions of the peace, to appoint persons to exa- requires the mine the weights and balances within their respective counties, ridings, justices at liberties, and divisions, and which authorizes the persons so appointed to quarter sessearch for and examine all weights and balances, and to seize and destroy point persons false or unequal weights or balances, and imposes a penalty on the persons to examine in whose possession the same shall be found, shall be and is hereby re- weights, &c. pealed; and that it shall and may be lawful to and for the justices of the repealed, and peace, at their respective petty sessions, within the divisions, districts, and justices at other places of the several counties in England and Wales, to appoint one their petty or more person or persons, who shall have power to examine the weights sessions may and balances, within such divisions, districts, and other places repectively appoint such (1). examiners. sions to ap &c. II. And be it further enacted, That it shall and may be lawful to and Examiners, for the person or persons so to be appointed as aforesaid, and they are when directed hereby required, (having first been sworn duly and faithfully to execute by the justices, the office in him or them reposed by virtue of such appointment, and of to visit shops, this Act, which oath such justices are hereby authorized and empowered &c. and seize false weights, to administer ;) as often as the said justices shall direct, in the day time, to enter into the shop, mill, house, outhouses, and other premises near to such shop, mill, or house, and into the stall or standing place of any person or persons who sell by retail and weight any wares, provisions, goods, or chattels whatsoever, and then and there to search for, view, and examine all weights and balances in such shop, mill, house, outhouses, premises, stall, or standing place, and to seize any weight or weights, not being according to the standard in the Exchequer, or any false or unequal balance or balances, which shall, upon such search, be found therein, and to detain the same, to be produced before the justices in petty sessions as aforesaid, upon the hearing of the information or informations hereinafter mentioned; and the person or persons, in whose shop, mill, house, out- Penalty for houses, premises, stall, or standing place, any such defective weight or having false weights, on any such false or unequal balance or balances, shall be found weights, &c. Tagainst whom for such offence or offences an information or informations is and are hereby directed to be preferred) shall upon conviction thereof in petty sessions as aforesaid, upon view or confession, or upon the oath of one or more credible witness or witnesses, forfeit and pay, for every such offence, any sum of money not exceeding twenty shillings, nor less than five shillings, as the said justices, before whom such person or persons shall have been convicted, shall in their discretion order and adjudge, to (1) This extends only to such divisions, &c. as were known and recognized at the time when the Act passed; and therefore such appointments, made at a petty sessions, by two justices for a district which they had, without the consent of the other magistrates, created within the last five or six years, was held to be illegal. Rex v. Devon (justices) 1 B & A. 588. No. XVI. 37 Geo. III. c. 14.3. Justices to cause false. weights, &c. to be broken, and the produce of the materials and the forfeitures to be paid to the county treasurer, &c. If the majority of inhabitants wish that any persons should be specially appointed examiners, they may, in vestry, nominate them for approbation of the justices. But no such appointment shall be made till the inha bitants have procured standard weights, the costs of which, gether with the costs and charges attending such conviction; such forfeiture, together with such costs and charges, to be levied by warrant under the hands and seals of the said justices, by distress and sale of so much of the goods and chattels of the person or persons offending, as shall be sufficient to pay the said penalty, and also the expences of making such distress and sale. III. And be it further enacted, That on the conviction of such offender or offenders, the said justices shall cause such defective weight or weights, or such false or unequal balance or balances, so produced before them, to be forthwith broken and rendered useless, and the materials thereof to be sold, and the money arising from such sale, together with the amount of the forfeiture or forfeitures, to be paid by them to the treasurer of such County, riding, or division, to be by him applied towards the expences of carrying the said recited Act and this Act into execution, and the residue (if any) on account of the public stock of such county, riding, or division and the said justices shall also prepare, or cause to be prepared, returns of the forfeitures levied by them in pursuance of the said before recited Act, and of this Act, and also of the sums arising from the sale of such defective weights, and false and unequal balances, and shall transmit such returns, signed by them, to the clerk of the peace for such county, riding, or division, respectively, at every general quarter-sessions of the peace to be held for such county, riding, or division. IV. Provided always, and be it further enacted, That if the majority of the inhabitants of any parish, township, or place, within such county, rid ing, or division, should be desirous that any person or persons shall be specially appointed to examine the weights and balances within such parish, township, or place, it shall and may be lawful for such inhabitants, and they are hereby empowered (at a vestry to be duly holden for that purpose) to nominate one or more substantial householder or householders, to be approved of and appointed by the said justices, at their respective petty sessions for the division or district wherein such parish, township, or place, shall lie; which person or persons so nominated, approved, and appointed, shall have the same powers and authorities, within such parish, township, or place, as are vested in the person or persons appointed for any district, division, or place respectively. V. Provided also, and be it further enacted, That no appointment for such parish, township, or place, shall be made, until the inhabitants thereof have procured, or caused to be procured, the proper weights, according to the standard in the Exchequer, for the use of such parish, township, or place, to be deposited in the custody of the person or persons to be appointed as last mentioned; and that it shall and may be lawful for the said justices, in their respective petty sessions, to order and direct the costs and charges of procuring such weights, and the recompence and satisfaction to be allowed to such person or persons, for his or their time and trouble in the execution of such office, within such parish, township, or place, to be examiners, to paid out of the rate made for the relief of the poor, within such parish, be paid out of township or place. the poor's rates. and the recompence to the Powers of recited Act (ex cepted hereby altered) to remain in force. Proceedings not to be removed. Justices to cause convictions to be made out in the following form. VI. And be it further enacted, That all the clauses, powers, and provisions contained in the said recited Act (except such as are hereby repealed or altered) shall continue in force, in the same manner as if the same were repeated and re-enacted in the body of this present Act; any thing herein contained to the contrary thereof in anywise notwithstanding. VII. And be it further enacted, That no proceedings to be had touchin the conviction of any offender or offenders against the said recited Act, o this Act, shall be removed by writ of certiorari or by any other writ or process whatsoever, into any of his Majesty's Courts of record at Westminster. VIII. And be it further enacted by the authority aforesaid, That the justices of the peace before whom any offender shall be convicted as aforesaid shall cause the said conviction to be made out in the manner and form following, or in any other form of words to the same effect, mutatis mutandis (that is to say), BE it remembered, That on the day of in the year of our Lord or district] of at a petty sessions holden for the [division in the said [county, riding or division] before A. B. and C. D. justices of the peace, acting in and for the said E. F. of 'the said justices, for that he the said E. F. on the in the said in the said was duly convicted before us day of now last past, at contrary to the form of the statute in that case made and provided [here state the offence against the Act]; and we the said justices do declare and adjudge, that the said E. F. hath forfeited the sum of of lawful money of Great Bri'tain for the offence aforesaid, to be applied as the law directs; and also, the further sum of of like lawful money, for the reasonable costs and charges attending this conviction. Given under our hands and seals on the day and in the year first men'tioned.' No. XVI. 37 Geo. III. c. 143. IX. And be it further enacted, That this Act shall be deemed and taken Public Act.. to be a public Act; and be judicially taken notice of as such, by all judges, justices, and other persons, without the same being specially pleaded or set Forth. < . [No. XVII.] 55 George III. c. 43-An Act for the more effectual Prevention of the Use of false and deficient Measures.-[2d May 1815.] c. 43. WHEREAS the laws now in force for the regulation of measures have No. XVII. been found ineffectual for that purpose, and frauds are frequently 55 Geo. III. committed by persons using false and deficient measures, by which the poor in particular are greatly injured; and it would tend to prevent such pernicious and fraudulent practices if the justices of the peace throughout England and Wales were empowered to appoint proper persons to examine the measures within their respective jurisdictions, and to punish such persons as shall be found offending in the premises:' May it therefore please your Majesty that it may be enacted, and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Justices may Act it shall be lawful for the justices of the peace of the several counties, appoint proper ridings, divisions, cities, boroughs, and towns corporate of England and persons to examine measures Wales, at their respective petty sessions, to appoint one or more person or persons, who shall have power to examine the measures within their several divisions, districts, and limits. within their se veral divisions. II. And be it further enacted, That it shall and may be lawful to and for Examiners the person or persons so to be appointed as aforesaid, and they are hereby duly appointrequired (having been first sworn duly and faithfully to execute the office in ed, may enter him or them reposed by virtue of such appointment and of this Act, which shops, &c. in oath such justices are hereby authorized and empowered to administer) as search of false often as such justices shall direct, in the day-time to enter into the shop, measures, and house, outhouses, and other places near to such shop or house, and into the seize the same. stall or standing place of any person or persons within their respective divisions or limits, who shall sell by retail, and by any measure or capacity, any liquid or dry goods or other article whatsoever and then and there to search. for, view, and examine all measures of capacity in such shop, house, outhouse, premises, stall or standing place, and to seize any such measure or measures not being according to the standard in the Exchequer, which shall upon such search be found therein, and to detain the same, to be produced before the justices in petty sessions as aforesaid, upon the hearing of the information or informations hereinafter mentioned; and the person or per.sons in whose shop, house, outhouses, premises, stall or standing place, any such deficient measure or measures shall be found (against whom for such offence or offences an information or informations is and are hereby directed to be preferred) shall, upon conviction thereof in petty sessions as aforesaid, upon view or confession, or upon the oath of one or more credible |