OFFENCES within the 11 & 12 VICT. c. 43. WATERWORKS FOR TOWNS. Various penalties for Offences under this Consolidation Act. WEIGHTS AND MEASURES. I. OFFENCES BY INSPECTORS. II. OFFENCES BY DEALERS AND OTHERS. I. OFFENCES BY INSPECTORS. Statute. 10 & 11 Vict. c. 17. 1. Stamping any weight or measure without duly verifying the same by 5 & 6 Will. 4, comparison by copy of imperial standard, or 2. Guilty of any breach of duty, or 3. Otherwise misconducting himself in the execution of his office. c. 63, s. 29. 4. Knowingly stamping any weight or measure of any person residing within the limits of any local jurisdiction for which another inspector appointed. II. OFFENCES BY DEALERS AND OTHERS. 5. Sale by illegal Measure.] Any person selling, by any denomination of measure other than of the imperial measures, or some mutiple or aliquot part, such as, the 4th, 8th, 16th, or 32nd parts thereof. Id. s. 25. Id. s. 6. 6. Sale by heaped Measure.] Selling any article by the heaped measure. Id. s. 7. 7. Selling Coals by Measure.] Selling any coals, slack culm, or cannel of any description, by measure and not by weight. Id. s. 9. 8. Using unauthorized Weights, &c.] Using any weight or measure (Note 238a, post, p. 236) other than those authorized by this act, or some aliquot part thereof, or which has not been stamped, (except any single weight above 56lbs. or wooden or wicker measure used in the sale of lime, or other articles of the like nature, or any glass or drinking cup), or which shall be found light or otherwise unjust. 9. Refusing buyer to make comparison of drinking cup, wooden or wicker measure, glass or jug, or 10. On comparison, such drinking cup, &c. being found deficient in quantity. Id. s. 21. nature of the subsequent offences only, the previous offences being purged by the conviction for the greater offence of an incorrigible rogue. Now there is nothing in the act to prohibit his being in any case afterwards for Offence 27 sent as an incorrigible rogue (13 J. P. 531, 783). (237) Procedure on Justice committing to the Sessions, or on Notice of Appeal being given.] By s. 9 of the 5 Geo. 4, c. 83, when any incorrigible rogue is committed till the sessions,or when any person convicted shall give notice of appeal and enter into recognizance (see Note 232, ante, p. 329),—the justice may require the person apprehending the offender, and the person or persons whose evidence is material to prove the offence and to support such conviction, to become bound in recognizance to appear and give evidence at the sessions, where costs of prosecutor and witnesses may be allowed. The evidence taken down need not be transmitted, on the offender's committal to the clerk of the peace, as the 11 & 12 Vict. c. 42, s. 20, does not apply to this case. Vide Forms of Recognizance and Convicting Justice's Certificate of Expenses, Nos. 34, 35, p. 209 of "Formulist." (238) Appeal.] Within fourteen days next after any order, judgment, or determination, to the then next ensuing or general quarter sessions, first giving seven days' notice in writing of such intention to appeal, and the grounds and nature thereof, to the party against whom such complaint is intended to be made, and forthwith after such notice entering into a recognizance before some justice of the peace, mayor, or other chief magistrate, with two sufficient sureties, to try appeal, &c. OFFENCES within the 11 & 12 VICT. c. 43. Statute. WEIGHTS AND MEASURES-continued. II. OFFENCES BY DEALERS AND OTHERS-continued. c. 63, s. 28. 11. Having Possession of unjust Weights, Steelyards, &c.] On examination 5 & 6 Will. 4, by a justice, or an inspector, of any shop, store, warehouse, stall,| yard, or place whatsoever, wherein goods exposed or kept for sale, or weighed for conveyance or carriage, with imperial standard, any weights or measures being found light, or otherwise unjust; or any steelyards or other weighing machines being found incorrect, or otherwise unjust (Note 238 a), or 12. Neglecting or refusing to produce for such examination, when required, all weights in his possession, or 13. Otherwise obstructing or hindering such examination. 14. Counterfeiting Stamps, &c.] Making, forging, or counterfeiting, or causing or procuring to be made, forged, or counterfeited, or knowingly acting or assisting in the making, forging, or counterfeiting, any stamp or mark used for stamping or marking weights or measures. 15. Knowingly selling, uttering, disposing of, or exposing to sale, any weight or measure with forged or counterfeited stamp or mark| thereon. Id. Id. s. 30. Id. s. 30. WRECK (Note 239). 1. Any goods, merchandize, or articles of any kind, belonging to any ship or vessel in distress, or wrecked, stranded, or cast on shore, found by virtue of a search warrant (Note 240) in the possession of any person, or on the premises of any person with his knowledge, and not satisfying the justice that he came lawfully by the same. 2. Offering or exposing for sale shipwrecked goods, merchandize, &c., and not satisfying justice that he came lawfully by the same, [may be seized by officer of customs, &c., and taken before a justice, who may have a reward for the seizure.] 7 & 8 Geo. 4, c. 29, s. 19. Id. s. 20. (238a) What Measures within the Act.] All weights of capacity which are ordinarily used as measures, are within the act 5 & 6 Will. 4, c. 63, whether stamped or not, or whether made of earthenware or other material, and as such are liable to seizure if found deficient on examination (Washington v. Young, 19 Law J. (Exch.) 348; 14 J. P. 591). There is no authority in the statute to seize a steelyard or other weighing machine, like weights and therefore the former would not be liable to forfeiture on conviction. measures; On oath 2 (s. 65), and within 3 cal. m. (s. 64, Note Yes (s. 72, Note 131, offence committed (s. 66). One. Justice to order (Form No. 3, p. 213, (239) The Wreck and Salvage Act (9 & 10 Vict. c. 99) does not interfere with these provisions (see s. 46 of the latter statute). (240) Search Warrant for Goods.] A search warrant may be granted by any justice if any credible witness shall prove upon oath a reasonable cause to suspect any person has in his possession, or on his premises, any such property (s. 63). Vide forms of Information, &c. Nos. 1, 2, p. 213, of " Formulist." Ꮓ PART I. CHAPTER III. THE SYNOPSIS OF OFFENCES, &c. To which the 11 & 12 Vict. c. 43, does not extend. Preliminary THE offences and matters contained in this chapter are exempted from the operation of the 11 & 12 Vict. c. 43 (Sir John Jervis's Act), by section 35 of that statute, set out at pp. 47, 48. The explanation of the columns underneath will serve as a short summary of the practice under this chapter, and the notes at the foot of the columns will show other necessary requirements to be observed in the particular case; but as the several statutes in this chapter do not particularly describe several matters of procedure, such as the statements of offences, the mode of conducting the hearing and adjudication, &c. the practice detailed in Chapter I. may be safely adopted. EXPLANATION OF THE COLUMNS. OFFENCE.-The Offence is here described in the words of the Statute with all the legal exceptions and modifications, but in an abridged form; and where two or more Offences are contained in the same section each is disjointed and analysed;-for more convenient reference they are numbered consecutively in each title. STATUTE. Here is stated the Statute creating the Offence, and in the other columns it will be found referred to by the sections; and where any stages of the proceedings are regulated or modified by another Statute, it is mentioned in the column to which it applies. The asterisk* placed here before the Statute signifies that a form of conviction is given by it. INFORMATION AND TIME.-This column shows whether the Statute requires the Information to be on oath or not, and the time within which it must be laid. If no time required, it may be at any distant period, although it is not advisable to delay it beyond 6 calendar months. If the Statute gives a form of Information to be used, it will be found referred to by a Note, and where to be found in the Author's "Formulist." |