22 VICTORIA, No. 86. Section 45. THE THIRTEENTH SCHEDULE. A STATEMENT of the Receipts of the Treasury during the Quarter ending on the last Section 45. Section 45. A STATEMENT of the Payments of the Treasury during the Quarter ending on the last day of 185 A COMPARATIVE STATEMENT of the Receipts of the Public Account for the Quarters and Years ending on the last days of INCREASE.DECREASE. 185 and 185 INCREASE. DECREASE. [The remaining Schedules are repealed by 28 Vict. No. 241 s. 2, "Crown Remedies and Liability Statute 1865" post.] An Act to amend the Law relating to the Collection and Payment of the Public Moneys, the Audit of the Public Accounts, and the Protection and Recovery of the Public Property. [23rd October 1872.] E it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say): 1. The twenty-ninth section of the Act numbered LXXXVI. Repeal of sec. 29 shall be and the same is hereby repealed. Act LXXXVI. be issued except ment during year 2. From and after the thirty-first day of December One No moneys shall thousand eight hundred and seventy-two no sum or sums of money for services in which is are or shall be appropriated from the consolidated revenue course of pay for the service of any financial year shall be issued and applied of appropriation. except for such services and purposes as shall come in course of payment during the year for which such appropriation is or shall be made. Title of Act. Repeal of former Bread for sale to tain ingredients only. An Act to Consolidate the Laws relating to Bakers and Millers. [9th May 1865.] E it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows :— 1. This Act shall come into operation on the first day of June in the year of our Lord One thousand eight hundred and sixty-five; and shall be called and may be cited as the "Bakers and Millers Statute 1865." 2. The Act and parts of Act specified in the schedule hereto shall to the extent therein expressed be and the same are hereby repealed. Where before the coming into operation of this Act any offence has been wholly or partly committed against either of the Acts so repealed or any foreiture or penalty thereunder has been incurred or any act has been done or any instrument made under the authority of either of such Acts, or where in respect of any matter or thing done before the coming into operation of this Act any right liability privilege or protection accrues or has accrued or any action prosecution or other proceeding has been or shall be hereafter commenced, every such offence shall be dealt with and punished and every such forfeiture and penalty shall be enforced and recovered and every such act or instrument and every such right liability privilege or protection shall continue and be in force, and every such action prosecution or other proceeding shall be prosecuted continued or defended in the same manner as if such Acts were not repealed. 3. All bread made for sale or sold or exposed for sale within be made of cer- Victoria shall be made of pure and sound flour or meal of wheat barley rye oats buckwheat Indian corn peas beans rice or potatoes or any of them and with any common salt pure water eggs milk barm leaven potato or other yeast and mixed in such proportions as may be thought fit, and with no other ingredient or matter whatsoever. 6 & 7 Will. IV. c. 37 s. 2. Bread to be well made. 4. The several sorts of bread which shall be made for sale or sold or exposed for sale shall always be well made and in their No. 243. several and respective degrees according to the quality of the meal 28 VICTORIA, or flour whereof the same ought to be made; and no alum or mixture in which alum shall be an ingredient or any other mixture or ingredient whatsoever other than and except as hereinbefore mentioned shall be put into or in anywise used in making bread for sale under any color or pretence whatsoever. And every person who shall knowingly offend in the premises shall on conviction of every such offence forfeit and pay any sum not exceeding ten pounds nor less than forty shillings. (a) 5. All bread made of the flour of wheat, which flour without "Standard any mixture or division shall be the whole produce of the grain the wheaten bread." bran or hull thereof only excepted and which shall weigh two-third parts of the weight of the wheat whereof it shall be made, shall be called and understood to be standard wheaten bread. 6. All wheaten bread made for sale of any meal or flour of an "Household inferior quality to the flour used for standard wheaten bread as wheaten bread.” hereinbefore directed shall be called and understood to be house hold wheaten bread; and every loaf of such bread shall be marked with a large roman H. 7. All bread made for sale wholly or partially of the meal or "Mixed bread.” flour of any other sort of corn or grain than wheat or of the meal or flour of any peas beans or potatoes shall be called and understood to be mixed bread; and every loaf of such bread shall be marked with a large roman M. hold or mixed 8. Every person who shall make for sale or sell or expose for Penalty for not sale any such household wheaten bread or any mixed bread without marking housebeing respectively marked as hereinbefore is directed, shall on con- bread. viction forfeit and pay the sum of ten shillings for every pound weight of such bread, which shall be so made for sale or sold or exposed for sale without being so marked as aforesaid. 6 & 7 Will. IV. 9. All bread shall be sold by the several bakers or sellers of Bread to be sold bread respectively by weight and not otherwise, and may be made by weight. of such weight or size as the said bakers or sellers shall think fit. c. 37 ss. 3 and 4. And in case any baker or seller of bread shall sell or cause to be sold bread in any other manner than by weight, then and in such case every such baker or seller of bread shall for every such offence forfeit and pay any sum not exceeding forty shillings. Provided Except French always that nothing in this Act contained shall extend or be con- or fancy bread or strued to extend to prevent or hinder any such baker or seller of bread from selling bread usually sold under the denomination of French or fancy bread or rolls without previously weighing the same. rolls. other than 10. The several bakers or sellers of bread respectively in the Penalty on basale of bread shall use the avoirdupois weight of sixteen ounces to kers using any the pound according to the legal standard in Victoria, and the avoirdupois several gradations of the same for any less quantity than a pound; and in case any such baker or seller of bread shall at any time use any other than the avoirdupois weight and the several gradations of (a) Proof of knowledge of the adulteration by the seller is necessary to constitute an offence weight. Ib. s. 5. under this section. · Fullerton v. Weedow, 3 V.R.(L.), 15. 28 VICTORIA, the same, he shall for every such offence forfeit and pay any sum not exceeding five pounds nor less than five shillings. No. 243. Selling bread not weighed. Bakers to provide in their shops beams scales and weights &c. 6 & 7 Will. IV. c. 37 s. 6. Persons delivering &c. to have weights &c. Ib. s. 7. 11. In case any baker or seller of bread shall sell or deliver in his her or their shop house or premises any bread which shall not have been previously weighed in the presence of the party purchasing the same whether required by the purchaser so to do or not except as aforesaid, then and in every such case every such baker or seller of bread so offending shall upon conviction forfeit and pay for every such offence any sum not exceeding five pounds. 12. Every baker or seller of bread shall cause to be fixed in some conspicuous part of his shop on or near the counter a beam and scales with proper weights or other sufficient balance in order that all bread there sold may from time to time be weighed in the presence of the purchaser or purchasers thereof except as aforesaid. And in case any such baker or seller of bread shall neglect to fix such beam and scales or other sufficient balance in manner aforesaid, or to provide and keep for use such proper beams and scales and proper weights or balance, or shall have or use any incorrect or false beam or scales or balance or any false weight not being of the weight it purports to be according to the said standard, then and in every such case he shall for every such offence forfeit and pay any sum not exceeding five pounds. 13. Every baker or seller of bread, and every journeyman beams scales and servant or other person employed by such baker or seller of bread who shall convey or carry out bread for sale, shall be provided with and shall constantly carry a correct beam and scales with proper weights or other sufficient balance in order that all bread sold by every such baker or seller of bread or by his journeyman servant or other person may from time to time be weighed in the presence of the purchaser thereof except as aforesaid. And in case any such baker or seller of bread or his journeyman servant or other person shall at any time carry out and deliver any bread without being provided with such beam and scales with proper weights or other sufficient balance, or shall carry defective weights according to the said standard, or shall at any time refuse to weigh any bread purchased of him or delivered by his journeyman servant or other person in the presence of the person purchasing or receiving the same, then and in every such case every such baker or seller of bread shall for every such offence forfeit and pay any sum not exceeding five pounds. Selling bread made of un wholesome flour. Ib. s. 8. 14. Any person who shall wilfully or knowingly sell or cause to be sold to any baker or confectioner impure unsound or unwholesome flour, and any baker or confectioner who shall wilfully or knowingly have upon his premises used by him as such baker or confectioner any such flour, or who shall sell or offer to sell any bread or dough for bread or biscuit or confectionery containing any such flour, shall on conviction before two or more justices forfeit and pay any sum not exceeding twenty pounds; and such bread dough biscuit confectionery or flour shall be liable to be seized and confiscated as unwholesome and adulterated; and shall be disposed of by the said justices as they in their discretion shall think proper. |