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Prevention and prosecution of offences,
-9. It shall be lawful for the Inspector, Inspector &c,. to any Justice of the Peace, Inland Revenue prosecute offenders Officer, police officer or constable at all sea- against this Act, sonable times in the day-time to enter &c., and examine and may enter shops the houses, shops, or stores, of all persons weights and using trade and carrying on business and sures. view and examine all steel yards, scale beams, or balances, cloth yards, weights, or measures, and such as he shall upon the said examination find or have reason to believe to be defective, he shall seize, and he shall lodge a complaint before the Police Magistrate of the district against the party offending, who, on conviction, shall forfeit a sum not exceeding ten pounds and not less than ten shillings, and for a second offence shall be bound over to appear at the next Court of Grand Sessions: and on be- punishable. ing convicted, then shall be punished by fine and imprisonment or either at the discretion of the Court: and if it shall appear on the hearing of any such complaint that the weight or measure seized was defective the same shall be destroyed.
10. All penalties and forfeitures in this Act shall be recoverable with costs before forfeitures, how rethe Police Magistrate within whose juris- coverable. diction the offence was committed in a
Informer to have
11. Any person may prosecute for recovery of the penalties incurred under this Act, a moiety of penaland the person so prosecuting shall be en- ties. titled to his use to a moiety of all such penalties when recovered, and the other moiety thereof shall be paid into the public treasury to the credit of the general revenue.
12. Costs shall not be imposed on any
public officer prosecuting complaints under this Act, unless such complaints be dismissed and be deemed by the Court to be frivolous and vexatious.
13. If any action suit or information, shall be commenced or prosecuted against any person for what he shall do in pursuance or execution of this Act, the same shall be commenced within six months after the offence committed, and such person may plead the general issue, and give this Act and this special matter in evidence, and if the plaintiff or prosecutor shall become nonsuit or discontinue such action, or shall forbear further prosecution, or if a verdict pass against him the defendant shall recover double costs.
14. The several Acts mentioned in the schedules to this Act are hereby repealed, provided that
(1.) Any enactment or document referring to any Act or enactment hereby repealed shall be construed to refer to this Act or to the corresponding enactment in this Act. (2.) This repeal shall not affect
(a) The past operation of any enactment
bereby repealed nor any thing duly done or suffered under any enactment hereby repealed; or
(b) any right, privilege, obligation or liability acquired, accrued, or incurred, under any enactment hereby repealled; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactments hereby repealed; or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty forfeiture, or punishment as aforesaid; and any such investigation, legal proceeding and remedy may be carried on as if this Act had not passed; or (e) any act in which the enactments here
by repealed have been applied, incorporated or referred to; or
(f) any weights or measures up to standard stamped under any of the enactments hereby repealed
(3.) This repeal shall not revive any enact ment, right, office, privilege, matter or thing not in force or existing at the passing of this Act.
Date of Act.
6th May 1862.
5th September 1837 An Act to establish a standard measure for the
2nd February 1854 An Act relating to weights and measures.
supplemental Act to the Act relating to
Title of Act.
An Act declaring it unnecessary for the In-
Extent of Repeal.
The whole Act.
The whole Act
The whole Act
The whole Act
(Assented to 4th March 1891.)
An Act to set apart a day to be observed as a public holiday on the occasion of the visit to this Island of His Royal Highness Prince George of Wales.
HEREAS it is deemed expedient to celebrate the occasion of the visit to this Island of His Royal Highness Prince GEORGE of Wales by setting apart a day to be observed as a public holiday; Be it therefore enacted by the Governor, Council and Assembly of this Island, and by the authority of the same as follows;
10th March to be
1. The tenth day of March one thousand eight hundred and ninety-one shall be a a public holiday; public holiday.
2. The provisions of "The Bank Holi And treated as a day's Act, 1890," and of "The Bills of Bank Holiday. Exchange Act 1890," shall be deemed and construed to extend to the day set apart under this Act as a public holiday as though the same respectively were incorporated here with.
(Assented to 6th March 1891.)
An Act to consolidate and amend the Acts of this Island relating to evidence.
BE it enacted by the Governor, Council
and this Island, and by the authority of the same, as follows;