Sect. 1 (4). Local verification of metric (4.) Section thirty-two of the principal Act shall apply to weighing instruments in like manner as it applies to weights and measures (p). 2. The Board of Trade may, if they think fit, at the expense of the local authority, deposit with any inspector of weights and weights and measures copies of any of the metric standards in their custody, and cause to be verified with any copy so deposited any metric weights and measures which can under section thirty-eight of the principal Act be compared with the metric standards in their custody (q). measures. Amendment of 41 & 42 Vict. c. 49, 3. The fine for a second or subsequent offence under section twenty-five or section twenty-six of the principal Act shall be a sum ss. 25 and 26. not exceeding twenty pounds, and the provisions of the said section twenty-six with respect to forfeiture shall apply to weighing instruments in like manner as they apply to weights, measures, scales, balances, and steelyards (r). make, revoke, alter, and add to bye-laws for regulating the comparison with the local standards of such authority, and the verification and stamping of weights and measures in use in their county or borough, and for regulating the local comparison of the local standards of such authority, and generally for regulating the duties under that Act of the inspectors appointed by the local authority, or of any of those inspectors. Such bye-laws may impose fines not exceeding twenty shillings for the breach of any bye-law, to be recovered on summary conviction. The Board of Trade, before approving any such bye-laws, shall cause them to be published in such manner as they think sufficient for giving notice thereof to all persons interested. (p) Section 32 of the Act of 1878 imposes penalties upon persons forging or counterfeiting stamps used for stamping under the Act any measure or weight, or wilfully increasing or diminishing a weight so stamped, or knowingly using, selling, etc., a measure or weight with a forged or counterfeit stamp thereon, or a weight so increased or diminished. (q) Section 38 of the Act of 1878 enables the Board of Trade, if they think fit, to cause to be compared with the metric standards in their custody and verified all metric weights and measures which are submitted to them for the purpose, and are of such shape and construction as may be from time to time in that behalf directed by the Board, and which the Board are satisfied are intended to be used for the purpose of science or of manufacture, or for any lawful purpose not being for the purpose of trade within the meaning of that Act. But see as to this section 60 & 61 Vict. c. 46, s. 2, sub-s. (2), post. (r) Section 25 of the Act of 1878 imposes a penalty (not exceeding 5l., or in case of a second offence, 10.) upon any person using or having in his possession for use for trade any false or unjust weight, measure, scale, balance, steelyard, or weighing machine. Section 26 imposes the like penalties upon every person wilfully committing or party to a fraud in the use of any of the instruments above mentioned. In either case, the weight, measure, scale, balance or steelyard is liable to be forfeited, but there is no such provision as to weighing machines. By the text, the maximum fine for a second or subsequent offence is raised from 10l. to 201., and the provisions of s. 26 as to forfeiture are extended to weighing instruments, and see the next section of this Act. Where an information under s. 25 was laid against a postmaster, who traded as a baker on the same premises, for having an unjust scale in his possession for use for trade, the scale being the property of the Crown and belonging to the Post Office, a prohibition was granted on the ground that the Act did not apply to scales the property of the Crown. R. v. Kent (Justices of), 24 Q. B. D. 181; 59 L. J. M. C. 51; 62 L. T. (N.S.) 114; 38 W. R. 253; 54 J. P. 453; 17 Cox C. C. 61. Where a seller of milk sent it by train in his Sect. 4. 4. Where a person is convicted under any section of the principal Act or this Act of a second or subsequent offence, and the court by which he is convicted is of opinion that such offence was committed Liability to imprisonment with intend to defraud, he shall be liable, in addition to or in lieu of in cases of any fine, to be imprisoned with or without hard labour for a term not fraud. exceeding two months. 5. The following sections of the principal Act are hereby repealed: Repeal of (b.) Section forty-six, giving power to stamp measures made c. 49, 6. The Board of Trade shall from time to time cause such new New denomidenominations of standards for the measurement of electricity, standards. nations of temperature, pressure, or gravities as appear to them to be required for use for trade to be made and duly verified, and those new denominations of standards when approved by Her Majesty in Council shall, whether derived from imperial or from other standards, be Board of Trade standards, in like manner as if they were mentioned in the Second Schedule to the principal Act. 7. Any local authority may provide for the use of their officers Working working standards of measure and weight, and scale-beams of such standards. material and in such form as the Board of Trade may approve, and those standards may, if verified in such manner as the Board of Trade from time to time direct, be used for the inspection and verification of weights and measures as if they were local standards. Board of 8. (1.) The Board of Trade may, on the comparison and verifica- Power for tion of weights and measures, not being standards for the use of a local authority or their officers, and not being coin weights, and on the fees. examination or testing of weighing or measuring instruments, charge and take such fees as may from time to time be approved by the Treasury. (2.) The fees taken under this section may be applied in such manner and to such extent as the Treasury may from time to time direct in aid of money provided by Parliament for expenses of the Board of Trade under this Act, and if and as far as not so applied shall be paid into the Exchequer. 9.-(1.) Every local authority within the meaning of this Act, and General every other person or authority having power to appoint inspectors regulations. of weights and measures, shall, with the approval of the Board of own churns, which were, by agreement with the railway company, fitted with gauges to indicate the number of gallons they contained, and the purchaser was entitled to have the churns regauged when he deemed it necessary, it was held that the churns were measures which the seller had in his possession for use for trade, and that he was properly convicted under s. 25, two of the churns having been proved to contain less than the quantity they purported to contain: Harris v. London County Council, [1895]1 Q. B. 240; 64 L. J. M. C. 81; 71 L. T. (N.S.) 844; 11 T. L. R. 113; 18 Cox C. C. 65. Sect. 9 (1). Trade, make for the guidance of the inspectors appointed or employed by that authority or person, and may from time to time with the like approval amend or rescind general regulations with respect to Provision as to local inquiries. (a.) The procedure to be observed in the verification and stamping of weights, measures, and weighing and measuring instruments, including the prohibition of stamping in cases where the material or mode of construction appears likely to facilitate the commission of fraud; and (b.) The inspection of weights, measures, and weighing and measuring instruments. (2.) If any such authority or person, on being required by the Board of Trade to make, amend, or rescind any general regulations in pursuance of this section fails to comply with the requirement, the Board of Trade may make, amend, or rescind such regulations, and any regulations so made or amended shall have effect as if made by that authority or person. (3.) All regulations made under this section shall be duly observed and kept published in such manner as the Board of Trade from time to time shall direct. 10.-(1.) The Board of Trade may from time to time appoint an officer to hold a local inquiry with respect to the administration of the law relating to weights and measures within the jurisdiction of any local authority. (2.) The appointment may be made either on the application of the local authority or without such application, but with the concurrence of the Treasury. (3.) The officer so appointed shall visit the office of the local inspector of weights and measures, and shall, among other things, inquire into the procedure observed in the verification and inspection of weights, measures, and weighing instruments within that jurisdiction; and, on the completion of the local inquiry, shall report to the Board of Trade and to the local authority on the condition and equipment of the office visited, and on the mode in which the law relating to weights and measures is being carried out within the jurisdiction of that authority. (4.) Where the appointment is made on the application of a local authority, the costs incurred in relation to the inquiry, including the remuneration of any officer engaged in the inquiry, not exceeding three guineas a day, shall be paid by the local authority applying for or assenting to the inquiry (s), and the Board of Trade may certify the amount of the costs incurred, and any sum so certified and directed by the Board to be paid by any local authority shall be a debt to the Crown from that authority. (s) These costs will, it is presumed, be payable as expenses incurred by the local authority under the Act of 1878, viz., in the case of a county council, out of the county rate; see the Act of 1878, s. 51, and Sched. 4. (5.) Where the appointment is made otherwise than on the Sect. 10 (5). application of a local authority, the costs incurred in relation to the inquiry, including the remuneration aforesaid, shall be paid out of moneys provided by Parliament. 11.—(1.) The Board of Trade shall provide for the holding of Qualification of inspectors examinations for the purpose of ascertaining whether persons acting of weights or appointed to act as inspectors of weights and measures possess and measures sufficient practical knowledge for the proper performance of their duties as such, and for the grant of certificates to persons who satisfactorily pass such examinations. (2.) In the case of persons who have been appointed inspectors before the commencement of this Act, the passing of an examination under this section shall be permissive, but not obligatory; but a person who, after the commencement of this Act, is for the first time appointed to be an inspector of weights and measures shall not act as such unless and until he has obtained such a certificate as aforesaid (t). (3.) There shall be charged in respect of the examinations under this section such fees as the Board of Trade, with the concurrence of the Treasury, from time to time direct, and all such fees shall be applied in such manner and to such extent as the Treasury from time to time direct, in aid of money provided by Parliament for expenses of the Board of Trade under this Act, and if and as far as not so applied shall be paid into the exchequer. 12.—(1.) An inspector of weights and measures shall not, during Inspector not the time he holds office, be a person deriving any profit from or to be maker, seller, or employed in the making, adjusting, or selling of weights, measures, adjuster of or measuring or weighing instruments : weights, measures, or (2.) Provided that in any district where, on the representation of weighing the local authority, it appears to be desirable for an inspector of instruments. weights and measures to be allowed to adjust weights and measures, the Board of Trade may, if they think fit, authorize an inspector appointed by that local authority to act as an adjuster of weights and measures. (3.) An inspector so authorized may for any such adjustment make such charges as the local authority approve, and shall account for and pay any money received by him in respect of such charges in such manner as the local authority direct. 13.—(1.) An inspector of weights and measures may take in Fees for respect of the verification and stamping of weights, measures, and verification and stamping weighing instruments the fees specified in the first Schedule to this by inspectors. Act, and no others, and no discount shall be allowed, and such (t) This provision does not prevent a person who has been appointed an inspector, but has not yet obtained a certificate from laying an information for a breach of bye-laws under this Act; for the Act contains no provision that only an inspector can lay such an information. Crabtree v. Bulman, 60 J. P. 489; 12 T. L. R. 469. Sect. 13 (1). inspector shall at such times, not less often than once a quarter, as the local authority direct, account for and pay over to the local authority, or as they direct, all fees so taken. Publication of convictions. Application of 41 & 42 Vict. c. 49, s. 66 to gas standards. Powers to jurisdiction (2.) If the Board of Trade represent to Her Majesty that it would be expedient to fix fees to be paid on the verification and stamping of weights, measures, or weighing instruments, in cases other than those specified in the said schedule, it shall be lawful for Her Majesty, by Order in Council, from time to time to direct such fees to be paid. 14. Where a person is convicted before any court of any offence under the principal Act or this Act, the court may, if it thinks fit, cause the conviction to be published in such manner as it thinks desirable. 15. The provisions of the principal Act and of this Act as to the verification and re-verification of local and working standards shall apply to the standards used by any local authority in testing meters under the Act of the Session held in the twenty-second and twentythird years of the reign of Her present Majesty, chapter sixty-six, intituled "An Act for regulating measures used in sales of gas," and the Acts amending the same (u). 16. Notwithstanding anything in section fifty-four of the principal Act, and any other provision in that or any other Act, the inspectors of weights and measures appointed by the London County Council shall alone within the whole of the county of London, exclusive of the city of London, have the powers and discharge the duties of inspectors of weights and measures appointed under the principal Act; provided that any inspector of weights and measures who, at the passing of this Act, though not an officer of the county council, holds office in any parish or place in the county of London, exclusive of the city of London, shall become an officer of that council, and if removed from such appointment by the London County Council he shall be entitled to be regarded as an existing officer under the 51 & 52 Vict. Local Government Act, 1888, and to receive such compensation as existing officers whose offices are affected are under that Act entitled to receive (x). c. 41. Provision as to city of London. 17. Notwithstanding anything in section sixty-seven or sixty-eight of the principal Act, a person using weights or measures in the city of London shall not be required to have his weights or measures verified or stamped by more than one authority (y). (u) As to the Sale of Gas Act, 1859 (22 & 23 Vict. c. 66), see the note to s. 3 (xiii) of the Local Government Act, 1888, ante, p. 12. (x) This section practically repeals s. 54 of the Act of 1878 so far as the county of London is concerned; that section enabled local inspectors of weights and measures to be appointed by the same authority as formerly. As to compensation to existing officers under the Local Government Act, 1888, see s. 120 of that Act, and notes, ante, p. 195. (y) Sections 67 and 68 contain savings as to the rights of the Founders Company and of the Corporation of London. (z) Sections 18 and 19 relate to Ireland only. |