shires or stewartries, cities, towns, or places, or cities or royal burghs, a model and copy of each of the aforesaid standards of length, weight, measure, and of each of the parts and multiples thereof; which models and copies, when so purchased, shall be compared and verified with the models and copies deposited with the chamberlains of the exchequer as aforesaid, in such manner as aforesaid, and upon payment of such fees as are at present payable to the said chamberlains upon the comparison and verification of weights and measures with the standards thereof; and such models and copies, when so compared and verified, shall be placed for custody and inspection with such person or persons, and in such place or places, as the said justices and magistrates, in their respective counties, ridings and divisions, and shires or stewartries, cities, towns, and places, or cities or royal burghs, shall appoint, and the same shall be produced by the keeper or keepers thereof, upon reasonable notice, at such time or times, and place or places, within each such county, riding, or division, shire or stewartry, city, town, or place, or city or royal burgh, as any person or persons shall by writing under his or their hand or hands require, the person requiring such production paying the reasonable charges of the same. XIII. And be it further enacted, That the expence of procuring and transmitting such models and copies for the respective counties, ridings, or divisions, cities, towns, or places, shall be paid, in that part of the said United Kingdom of Great Britain and Ireland called England, out of the rates payable in such counties, ridings, or divisions, cities, towns, or places; and in that part of the said United Kingdom called Scotland, such expences in the respective shires and stewartries, and cities or royal burghs, shall be assessed by the commissioners of supply upon such shires and stewartries, and upon cities or royal burghs, by the magistrates thereof, and shall be paid along with the land tax payable in such shires or stewartries, and cities or royal burghs, to the collectors of the land tax in such shires or stewartries, and cities or royal burghs respectively; and in Ireland such expences shall be paid in the respective counties and counties of cities and counties of towns, by presentments to be made by grand juries; and the collectors of such county rates in England, of land tax in Scotland, and of the assessments under grand jury presentments in Ireland, shall have such and the same powers of levying and recovering the assessments to be made under this Act, as are competent to them for levying and recovering the said county rates, land tax, and grand jury assessments respectively; and the said collectors respectively shall, out of the proceeds of such assessments, pay the expences of procuring and transmitting such models and copies as aforesaid accordingly. No. XVIII 5 Geo. IV. c. 74. Expences of procuring the same, &c., how to be paid. For ascertaining Measures of Capacity, where Reference cannot easily be had to Standards. XIV. Provided always, and be it enacted, That in all cases of dispute respecting the correctness of any measure of capacity, arising in a place where recourse cannot be conveniently had to any of the aforesaid verified copies or models of the standard measures of capacity, or parts or multiples of the same, it shall and may be lawful to and for any justice of the peace or magistrate having jurisdiction in such place, to ascertain the content of such measure of capacity by direct reference to the weight of pure or rain water which such measure is capable of containing; ten pounds avoirdupois weight of such water, at the temperature of sixty-two degrees by Fahrenheit's thermometer, being the standard gallon ascer- Standard tained by this Act, the same being in bulk equal to two hundred and se- Gallon. venty-seven cubic inches, and two hundred and seventy-four one thousandth parts of a cubic inch, and so in proportion for all parts or multiples of a gallon. XV. And be it further enacted, That from and after the first day of May one thousand eight hundred and twenty-five, all contracts, bargains, sales, and dealings, which shall be made or had within any part of the United Kindom of Great Britain and Ireland, for any work to be done, or for any goods, wares, merchandize, or other thing to be sold, delivered, done, or agreed for by weight or measure, where no special agreement shall be made to the contrary, shall be deemed, taken, and construed to be made and had according to the standard weights and measures ascer After 1st May 1825, all Contracts for Sale, &c., by Weight or Measure shall relate to the Standard, unless the contrary is specified. No. XVIII. c. 74. Existing Measures may markedso as to show the Proportion they have to the Standard Measures and Weights. For ascertaining Rents, &c., payable in Grain or Malt, &c., in England and Ireland. For ascertairing Rents, &c., payable in Grain or Malt, &c., in Scotland. Weights and Measures. tained by this Act; and in all cases where any special agreement shall be [Part VI. made, with reference to any weight or measure established by local custom, the ratio or proportion which every such local 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. XVI. And whereas it is expedient that persons should be allowed to use the several weights and measures which they may have in their possession, although such weights and measures may not be in conformity with the standard weights and measures established by this Act; be it therefore enacted, That it shall and may be lawful for any person or persons to buy and sell goods and merchandize by any weights or measures established either by local custom, or founded on special agreement: Provided always, that in order that the ratio or proportion which all such measures and weights shall bear to the standard weights and measures established by this Act, shall be and become a matter of common notoriety, the ratio or proportion which all such customary measures and weights shall bear to the said standard weights and measures, shall be painted or marked upon all such customary weights and measures respectively; and that nothing herein contained shall extend or be construed to extend to permit any maker of weights or measures, or any person or persons whomsoever, to make any weight or measure at any time after the first day of May one thousand eight hundred and twenty-five, except in conformity with the standard weights and measures established under the provisions of this Act. XVII. And for the purpose of ascertaining and fixing the payments to be made in consequence of all existing contracts or rents in England and Ireland, payable in grain or malt, or in any other commodity or thing, and in consequence of any toll or rate heretofore payable according to the weights and measures heretofore in use; be it enacted, That at the general or quarter sessions of the peace to be holden in every county, riding, or division, and in every city, town, or place (being a county of itself), in England or Ireland, next after the expiration of six calendar months after the passing of this Act, or at any general quarter sessions of the peace to be holden thereafter, an inquisition shall be taken before the justices assembled at such general or quarter sessions, by the oaths of twelve substantial freeholders of the said respective counties, cities, towns, or places, having lands or tenements to the value of one hundred pounds per annum or upwards, to be summoned by the sheriff or proper officer of every such county, city, town, or place, to inquire into and ascertain the amount, according to the standard of weight or measure by this Act established, of all contracts or rents payable in grain or malt, or any other commodity or thing, or with reference to the measure or weight of any such grain, malt, or other commodity or thing, and the amount of any toll or rate heretofore payable according to any weights and measures heretofore in use within such counties, cities, towns, or places respectively; and such inquisitions, when taken, shall be transmitted by the respective clerks of the peace of the same counties respectively, or by the mayor, bailiff, or other head officer of every such city, town, or place (being a county of itself) into his Majesty's Courts of Exchequer at Westminster and Dublin respectively, and shall there be enrolled of record, and shall and may be given in evidence in any action or suit at law or in equity; and the amount so to be ascertained shall be the rule of payment in regard to all such contracts, rents, tolls, or rates, in all time coming; and the costs and charges of such inquisitions, and the enrolments thereof, shall be paid and defrayed in England out of the general rate or stock of every such county, riding, division, city, town, or place (being a county of itself), and in Irelund by presentments of the several grand juries. XVIII. And for the purpose of ascertaining and fixing the payments to be made of all stipends, feu duties, rents, tolls, customs, casualties, and other demands whatsoever, payable in grain, malt, or meal, or any other commodity, or thing in that part of the United Kingdom called Scotland, or in any place or district of the same; be it enacted, That the sheriff depute or sheriff substitute in each shire, and the stewart depute or stewart substitute in each stewartry, within Scotland, shall as soon as conveniently may be after the expiration of six calendar months from and after the passing of this Act, summon and impannel a jury of the same number, and with the same qualifications, which are required in the jury who strike the fiar prices of grain within the same shire or stewartry, to assemble at such place or places as he shall find convenient; which jury shall inquire into and ascertain the amount, according to the standards by this Act established, of all such stipends, feu duties, rents, tolls, customs, casualties, and other demands whatsoever, payable in grain, malt, meal, or any other commodity or thing, according to the weights and measures heretofore in use within the same shires or stewartries; and such inquisitions, when taken, shall be transmitted by the respective sheriff clerks or stewart clerks of such shires or stewartries, into his Majesty's Court of Exchequer at Edinburgh, and shall there be enrolled of record, and shall and may be given in evidence in any action or suit at law or in equity; and the amount so to be ascertained shall, when converted into the standard weights and measures, be the rule of payment in regard to all such stipends, feu duties, rents, tolls, customs, casualties, and other demands whatsoever, in all time coming; and the costs and charges of such inquisitions, and the enrolment thereof, shall be assessed and levied, paid and defrayed, by every such shire or stewartry, in manner as is herein-before directed in regard to the assessment for the models of the weights and measures to be purchased for the same shire or stewartry. XIX. And be it further enacted, That as soon as conveniently may be after such inquisitions shall have been made and enrolled in England, Ireland, and Scotland respectively, accurate tables shall be prepared and published under the authority of the said commissioners of his Majesty's treasury, showing the proportions between the weights and measures heretofore in use, as mentioned in such inquisitions, and the weights and measures hereby established, with such other conversions of weights or measures as the said commissioners of his Majesty's treasury may deem to be necessary; and after the publication of such tables, all future payments to be made shall be regulated according to such tables. XX. And whereas the weights and measures by which the rates and duties of the customs and excise, and other his Majesty's revenue, have been heretofore collected, are different from the weights and measures of the same denominations directed by this Act to be universally used: And whereas the alteration of such weights and measures may, without due care had therein, greatly affect his Majesty's revenue and tend to the diminishing of the same: For the prevention thereof, be it therefore enacted, That so soon as conveniently may be after the passing of this Act, accurate tables shall be prepared and published under the direction of the said commissioners of the treasury for the time being, in order that the several rates and duties of customs and excise, and other his Majesty's revenue, may be adjusted and made payable according to the respective quantities of the legal standards directed by this Act to be universally used; and that from and after the said first day of May one thousand eight hundred and twenty-five, and the publication of such tables, the several rates and duties thereafter to be collected by any of the officers of his Majesty's customs or excise, or other his Majesty's revenue, shall be collected and taken according to the calculations in the tables to be prepared as aforesaid. XXI. And be it further enacted, That all the powers, rules, and regulations in force, and contained in the several Acts herein-after mentioned, specified, and set forth, for the ascertaining, examining, seizing, breaking, and destroying any weights, balances, or measures, shall be applied and put in execution in Great Britain for the ascertaining and examining, and for the seizing, breaking, and destroying of any weights or measures not conformable to the standard weights and measures ascertained and authorized by this Act, and for the punishment of any person or persons having any defective weight or measure, not conformable to the said standard weights and measures; (that is to say,) in an Act made in the No. XVIII. 5 Geo. IV. c. 74. Tables of Equalization to be made and con structed. Tables to be constructed for the Collection of the Customs and Excise, &c. Regulations and Penalties of British Acts, viz. No: XVIII. 5 Geo. IV. c. 74. 66 Parliament of Great Britain, in the twenty-ninth year of King George the Second, intituled "An Act for appointing a sufficient Number of Con" stables for the Service of the City and Liberty of Westminster, and to "compel proper Persons to take upon them the Office of Jurymen, to prevent Nuisances and other Offences within the said City and Liberty;" and in an Act made in the thirty-first year of the reign of King George the Second, for explaining, amending, and rendering more effectual the said recited Act of the twenty-ninth year; and in an Act made in the Parliament of Great Britain, in the thirty-fifth year of the reign of his 35 G. 3. c. 102. late Majesty King George the Third, intituled "An Act for the more "effectual Prevention of the Use of defective Weights, and of false and 29 G. 2. c. 25. 31 G. 2. c. 17. unequal Balances;" and in an Act made in the Parliament of Great Britain, in the thirty-seventh year of his said late Majesty's reign, for explaining and amending the said recited Act of the said thirty-fifth year and as the said recited Act of the said thirty-fifth year is amended by the said Act of the said thirty-seventh year; and in an Act made in the Par liament of the United Kingdom of Great Britain and Ireland, in the fifty55 G. 3. c. 43. fifth year of the reign of his said late Majesty, intituled "An Act for the 66 more effectual Prevention of the Use of false and deficient Measures;" and all the powers, rules, regulations, provisions, penalties, and forfeitures in the said several Acts contained, shall be applied and put in execution as if the weights or measures ascertained by this Act had been specified in the said recited Acts respectively, and as if all such powers, rules, regulations, provisions, penalties, and forfeitures, and modes of recovery thereof, were repeated and re-enacted in this Act, except only so far as the said recited Acts or any of them, or any part thereof, are expressly repealed or altered by this Act, or any other Act or Acts. shall be applied to this Act. Regulations and Penalties of the follow ing Acts, viz. 4 Ann. (I.) 11 G. 2. (I.) 25 G. 2. (I.) 27 G. 3. (I.) 28 G. 3. (I.) shall be applied to this Act. So much of former Sta XXII. And be it further enacted, That all the powers, rules, and regu lations in force, and contained in the several Acts herein-after mentioned, specified, and set forth, passed in the Parliament of Ireland, shall be applied and put in execution in Ireland, for the ascertaining and examining, and for the seizing, breaking, and destroying of any weights or measures not conformable to the standard weights and measures ascertained and authorized by this Act, and for the punishment of any person or persons having any defective weight or measure, or any weight or measure not conformable to the said standard weights and measures, and for the carrying into effect the several provisions of the said recited Acts with reference to the said standard weights and measures; (that is to say,) in an Act made in the fourth year of the reign of Queen Anne, for regulating the weights used in Ireland; and in an Act made in the eleventh yearof the reign of King George the Second, for the buying and selling all sorts of corn and meal, and other things in the said Act mentioned, by weight; and in an Act made in the twenty-fifth year of the reign of King George the Second, intituled "An "Act for buying and selling all Sorts of Corn and Meal, and other things "therein mentioned, by weight, and for the more effectual preventing the "Frauds committed in the buying and selling thereof;" and in an Act made in the twenty-seventh year of the reign of his late Majesty King George the Third, intituled "An Act for establishing Market Juries in "Cities," and which said last-mentioned Act was by an Act made in the twenty-eighth year of his said late Majesty's reign extended to all counties of towns and corporate towns in Ireland; and all the powers, rules, and regulations, provisions, penalties, and forfeitures in the said several Acts contained, shall be applied and put in execution, as if the weights or measures ascertained by this Act had been specified in the said recited Acts respectively, and as if such powers, rules, regulations, provisions, penalties, and forfeitures, and the modes of recovery thereof, were repeated and re-enacted in this Act, except only so far as the said recited Acts or any of them, or any part thereof, are expressly repealed or altered by this Act, or any other Act or Acts. XXIII. And be it further enacted, That the several statutes, ordinances, and Acts, and parts of the several statutes, ordinances, and Acts hereintutes, Ordi. after mentioned and specified, so far as the same relate to the ascertaining nances, or Acts, as relate to establishing Weights or Measures, repealed, viz. No. XVIII. 5 Geo. IV. c. 74. or establishing any standards of weights and measures, or to the establishing or recognizing certain differences between weights and measures of the same denomination, shall, from and after the first day of May one thousand eight hundred and twenty-five, be repealed; (that is to say,) certain ancient statutes or ordinances made previous to the reign of King Edward the Third, but being of uncertain date, intituled or known by the names or descriptions following: " Assisa Panis et Cervisia," or "The Statutes of "Assize of Bread and Ale;" "Statutum de Pistoribus, et cetera," or uncertain "Statute concerning Bakers, et cetera;" or "Assisa de Ponderibus, Date. "et Mensuris," or "Tractatus de Ponderibus," or "Compositio de Pon"deribus, or " Assize of Weights and Measures;" "Statutum de Admen"suratione Terræ," or "Statute for the measuring of Land ;" "Compositio "Ulnarum et Perticarum;" and also so much of a statute made in the 14 E. 3. c. 12. fourteenth year of the reign of King Edward the Third, as relates to the making of bushels and weights, and sending the same into every country; and also so much of the said last-mentioned statute as directs that the sack of wool ought to contain twenty-six stones, and every stone fourteen pounds; and also so much of a statute made in the eighteenth year of the reign of the said King Edward the Third, as relates to com- c. 4. missioners to assay weights and measures; and also so much of a statute made in the Parliament summoned at Westminster on the feast of Saint Hilary, in the twenty-fifth year of the reign of the said King Edward the Third, as relates to auncel weight, and the weight of the sack of wool, and as relates to the bushel, half bushel, peck, gallon, pottle, and quart, and to the quarter and measure of corn; and also so much of the statute or ordi- 27 E. 3. st. 2. nance of the staples, made in the twenty-seventh year of the reign of the c. 10. said King Edward the Third, as relates to the uniformity of weights and c. 21. 18 E. 3. st. 2. 25 E. 3. st. 5. c. 9, 10. 5. measures throughout the realm; and also so much of a statute made in 31 E. 3. st. 1. the thirty-first year of the reign of King Edward the Third, as relates to cc. the regulating the price and weight of wools, and as relates to the tun of wine and the gauging thereof; and also so much of a statute made in the 34 E. 3. c. 5. thirty-fourth year of the reign of King Edward the Third, whereby justices of the peace are empowered to inquire of weights and measures; and also 4 R. 2. c. 1. so much of a statute made in the fourth year of the reign of King Richard the Second, as relates to the gauging of vessels of wine, honey, oil, and other liquors brought into the realm; and also so much of a statute made 13 R. 2. st. 1. in the thirteenth year of the reign of King Richard the Second, as relates c. 9. to the regulating of weights and measures, and to the buying and selling of wool at fourteen pounds the stone; and also so much of a statute made in the fifteenth year of the reign of King Richard the Second, as relates to weights and measures of corn, wine, ale, and malt; and also so much of 16 R. 2. c. 3. a statute made in the sixteenth year of the reign of King Richard the Second, as relates to the clerk of the market, and the assay of weights and measures made by him, and the using such weights and measures; and 1 H. 5, c. 10. also so much of a statute made in the first year of the reign of King Henry the Fifth, as concerns the true measure of corn, or as is intituled "An 15 R. 2. c. 4. "Act concerning the true Measure of Corn;" and also so much of a statute 2 H. 6. c. 11. made in the second year of the reign of King Henry the Sixth, as relates to the several measures of vessels of wine, eels, herrings, and salmon; and also so much of a statute made in the eighth year of the reign of 8 H. 6. c. 5. King Henry the Sixth, as relates to the confirming and amending former statutes concerning weights and measures, and requiring common ba lances and weights to be kept in all cities, boroughs, and towns; and also 9 H. 6. c. 6. so much of a statute made in the ninth year of the reign of King Henry the Sixth, as relates to the explaining the said statute of the eighth year of a wey of cheese; and also so much of a statute made in the eleventh 11 H. 6. c. 8. year of the reign of King Henry the Sixth, as relates to the confirming and amending former statutes concerning weights and measures; and also so 18 H. 6. c. 17. much of a statute made in the eighteenth year of the reign of King Henry the Sixth, as relates to the gauging of vessels of wine, oil, and honey; and 22 E. 4. c. 2. |