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above 56

and measure so used, on being discovered by any Inspector as aforesaid, shall be seized, and on conviction of the person so using or pos sessing the same, shall be forfeited, broken up and sold, and the proceeds thereof shall be paid to the Receiver-General or Assistant No weight Receiver-General for the use of the Colony: Provided always, that pounds to be nothing herein contained shall extend to require any single weight stamped. above fifty-six pounds to be inspected and stamped, such weight of fifty-six pounds being the greatest of the Imperial Standard Weights deposited in the Exchequer; and that nothing herein contained shall extend to require any wooden or wicker measure used in the sale of lime or other articles of the like nature, or any glass or earthenware jug or drinking cup, though represented as containing the amount of any Imperial measure, or of any multiple thereof to be stamped; but any person buying by any vessel represented as containing the amount of any Imperial measure, or of any multiple thereof, is hereby authorised to require the contents of such vessel to be ascertained by a comparison with a stamped measure, such stamped measure to be found and provided by the person who shall use such wooden or wicker measure, glass, jug, or drinking cup as aforesaid, and in case the person who shall use such last mentioned measure or vessel shall refuse to make such comparison, or if upon such comparison being made, such wooden or wicker measure, glass, jug, or drinking cup shall be found to be deficient in capacity, the person who shall use the same shall, on conviction, be subject to the forfeitures and penalties hereinbefore imposed on any person using light or unjust weights or measures.

9. And be it enacted, that every Inspector of Weights and Mea- Inspectors to give security. sures, upon the taking effect of this Ordinance, shall enter into a bond or recognizance to the Queen in the sum of Five Hundred Dollars for the due and punctual performance of his dies under this Ordinance, and for a due and punctual return to the Colonial Receiver-General, at the expiration of each and every month, of all fees received by him under the authority of this Ordinance, and for the safety of the stamps and copies of the Imperial Standard Weights and Measures committed to his charge, and for their due restoration, and surrender to such person or persons as may be appointed by the Governor to receive the same.

10. And be it enacted, that every Inspector of Weights and Mea- Inspectors to sures shall examine, compare, and stamp, if found correct; all such

weights

tampreend stamp weights, and measures.

[Ord. 13 anno 1851.]

Power to Jus

tices to enter

No. XL.

weights and measures as shall be brought to him for that purpose, and shall also upon all measures and upon all weights of a quarter of a pound and upwards, stamp a number or mark distinguishing the County in which he acts, and he shall keep a book wherein he shall enter minutes of all such comparisons, and give, if required, a certificate under his hand of every such stamping; and every Inspector knowingly stamping any weight or measure of any person residing within the limits of another County or District than his own, shall forfeit a sum not exceeding Ten Dollars for every weight or measure which he may so stamp.

II. And be it enacted, that it shall be lawful for every Sheriff, Justice of the Peace, Magistrate, and Commissary of Taxation, at shops and in all reasonable times, to enter any shop, store, warehouse, stall, yard, spect weights and measures. or place whatsoever, within the County to which he is appointed, or in which he acts, wherein goods shall be exposed or kept for sale, or shall be weighed for conveyance or carriage, and there to examine all weights, measures, stillyards, or other weighing machines, and to compare and try the same with the copies of the Imperial Standard Weights and Measures required, or authorised to be provided under this Ordinance; and if upon such examination it shall appear that the said weights or measures are light and otherwise unjust, the same shall be seized, forfeited, and dealt with as aforesaid, and the person or persons in whose possession the same shall be, shall, on conviction, forfeit a sum not exceeding Twenty-four Dollars; and any person who shall have in his or her possession a steelyard or other weighing machine which shall on such examina. tion be found incorrect or otherwise unjust, or who shall neglect or refuse to produce for such examination, when thereto required, all weights, measures, steelyards, or other weighing machines which shall be in his or her possession, or shall otherwise obstruct of hinder such examination, shall be liable to a likę penalty.

All contracts for sale, &c.,

12. And be it enacted, that from and after the taking effect of this Ordinance all contracts, bargains, sales, and dealings which shall by weight or be made or had within any part of the Colony of British Guiana, measure shall for any work to be done, or for any goods, wares, merchandize, or other thing to be soid, delivered, done, or agreed for, by weight or unless the con. measure, where no special agreement shall be made to the contrary, shall be deemed, taken, and construed to be made and had according

relate to the

standard,

trary is specified.

5 Geo. 4, c. 74, Sec. 15,

to

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to the standard weights and measures ascertained by this Ordinance; and in all cases where any special agreement shall be made, with reference to any weight or measure established in this Colony, the ratio or proportions which every such weight or measure shall bear to any of the said standard weights or measures shall be expressed, declared, and specified in such agreement, or otherwise such agreement shall be null and void.

13. And be it enacted, that in case any Inspector, or any other Penalty on person legally authorized to examine and stamp any weight or mea. neglect of duty. Inspector for sure shall stamp any weight or measure without duly verifying the 5&6 W.4, c.63. same by comparison with a copy of the Imperial Standard, or shall be guilty of a breach of any duty imposed upon him by this Ordinance, or shall otherwise misconduct himself in the execution of his office, every such offender shall, upon conviction, forfeit a sum not exceeding Twenty-four Dollars for everysuch offence.

Forging any

weight or mea.

sure.

14. And be it enacted, that if any person or persons shall make, forge, counterfeit, or cause, or procure to be made, forged, or counterfeited, or knowingly act or assist in the making, forging, or 5&6 W 4, c. 63, counterfeiting any stamp or mark which shall or may be used for sec. 30. the stamping or marking of any weight or measure under this Ordinance, every such person shall for every such offence forfeit, on conviction, a sum not exceeding Two Hundred and Forty Dollars, nor less than Forty-eight Dollars; and if any person shall knowingly sell, utter, dispose of, or expose to sale any weights or measure with such forged or counterfeit stamp (r mark thereon, every person so offending shall for every such offence forfeit, on conviction, a sum not exceeding Forty-eight Dollars, nor less than Ten Dollars, and that every weight or measure, with such forged or counterfeited stamps or marks, shall be forfeited, broken up, and sold, and the proceeds thereof shall be paid to the Colonial Receiver-General or Assistant Receiver-General for the use of the Colony.

15. And be it enacted, that from and after the taking effect of Penalty on this Ordinance if any person or persons shall print, or if the clerk price lists denoting of any market, or other person shall make any return, price list, or greater or less weight or mea, price current, in which the denomination of weights and measures sure than the quoted or referred to shall denote or imply a greater or less weight nation of Imor measure than is denoted or implied by the same denomination of perial weight

same denomi

or measure.

the Section 31.

[Ord, Sanne 1851.]

fines and penalties.

No. XL.

the Imperial Weights and Measures, under and according to the provisions of this Ordinance, such person or persons, or clerk of the market, shall forfeit and pay a sum not exceeding Five Dollars for every copy of every such return, price list, price current, journal, or other paper, which he or they shall publish.

16. And be it enacted, that all penalties and forfeitures which Application of shall be incurred under any of the provisions of this Ordinance, after deducting the costs and charges, if any, and so much of the nett proceeds thereof, not exceeding a moiety, to be paid to the party on whose information the conviction shall take place, as the Justice before whom the party is convicted shall think fit, shall be paid to the Colonial Receiver-General in aid of the funds of the Colony.

17. And be it enacted, that all seizures, penalties, and forfeitures Mode of reco- under this Ordinance shall be complained or informed of and recovering fines, vered in manner and form provided by Ordinance No. 30, of the year 1850.

&c.

SCHEDULE OF FEES,

To be taken by all Inspectors of Weights and Measures appointed under this Ordinance.

For examining, comparing, and stamping all Weights within their respective jurisdictions:

Each weight, from half a hundred weight to a stone, both included......$ 0 20

Each weight under a stone to a pound

Each set of weights of a pound and under
Each weighing machine and steelyard .....

0 12

0 32

0 48

For examining, comparing, and stamping all Wooden Measures within their respective jurisdictions:

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For examining, comparing, and stamping all measures of capacity of Liquids made of Copper or other Metal, within their respective jurisdictions :

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No. XLI.

"

No. XLI.

1851.]

AN ORDINANCE TO AUTHORISE THE IMPORTATION INTO THE [Ord. 14annc
COLONY OF BRITISH GUIANA OF BOOKS, BEING FOREIGN
REPRINTS OF BOOKS FIRST COMPOSED OR WRITTEN, OR
PRINTED OR PUBLISHED IN THE UNITED KINGDOM OF
GREAT BRITAIN AND IRELAND, AND IN WHICH THERE
SHALL BE COPYRIGHT.

Enacted 20th June, 1851, published the 21st following, came into operation 17th December, 1851.

[HENRY BARKLY, Governor.]

WHEREAS, by an Act passed in the Session of Parliament, Preamble.

holden in the fifth and sixth years of her present Majesty, intituled

45, sec. 17.

An Act to amend the Law of Copyright," it is, amongst other 5 & 6 Vict.,c. things, enacted, that it shall not be lawful for any person, not being the proprietor of the copyright, or some person authorised by him, to import into any part of the United Kingdom, or into any other part of the British Dominions, for sale or hire, any printed book first composed or written, or printed or published in any part of the United Kingdom wherein there shall be copyright, and reprinted in any country or place whatsoever out of the British Dominions : And whereas by an Act passed in the Session of Parliament, holden in 8 & 9 Vict., c. the eighth and ninth years of the reign of her present Majesty, intituled 93, sec. 9. "An Act to regulate the Trade of the British Possessions abroad," books wherein the copyright is subsisting, first composed or written, or printed in the United Kingdom, and printed or reprinted in any other country, are absolutely prohibited to be imported into the British Possessions abroad: And whereas by an Act passed in the 10 & 11 Vict Session of Parliament, holden in the tenth and eleventh years of c. 95, sec. 1. her present Majesty, intituled "An Act to amend the Law relating "to the protection in the Colonies of works entitled to copyright "in the United Kingdom," it is enacted that in case the Legislature or proper legislative authorities in any British Possession shall be disposed to make due provision for securing or protecting the rights of British authors in such possession, and shall pass an Act, or make an Ordinance for that purpose, and shall transmit the same in the proper manner to the Secretary of State, in order that it may be VOL. II. submitted

Q

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