No. 10-1858. Person landing or shipping goods to value thereof. the cost of constructing certain works, calculated to promote the 1. [The loan authorised to be raised under this section is paid off.] 2. [Superseded by § 3, Act 25, 1875.] 3. The person by whom any goods, articles, matters, or things, state to principal chargeable by the tariff aforesaid, upon the value thereof, shall be, customs officer the or be about to be landed or shipped in Algoa Bay, or his known agent, shall be bound to state to the principal officer of Customs at Algoa Bay, who shall be entitled to demand and receive the dues or rates payable thereon, the value thereof; and if it shall appear to the said officer that the same are not valued according to the actual value thereof, then the said officer may require the person who shall have landed or shipped, or be about to land or to ship, any goods, articles, matters, or things, to make and subscribe a declaration, which declaration shall be in substance in the form in the second schedule to this Act set forth; and the value stated in such declaration shall be the value upon which dues shall be Bond to be taken if paid: Provided that it shall be lawful for such officer, as often as it shall be made to appear to him that the value of any goods, wharfage not paid forthwith. See Act 24, 1889. articles, matters, or things landed in Algoa Bay cannot be declared at or immediately after the time of such landing, to permit the same to be taken away without the payment of wharfage; but in every such case such officer shall take a bond or obligation for the payment of such wharfage at or before such time as shall in that behalf be specified in such bond or obligation. No. 10-1958. declaration. 4. Any person who shall wilfully and corruptly make and Penalty for false subscribe any such declaration as aforesaid, knowing the same to be untrue in any material particular, shall be deemed to be guilty of the crime of contravening this section of this Act, and shall, upon conviction thereof, be liable to such punishment as shall be by law provided for the crime of perjury. der this Act to be 5. The principal officer of Customs as aforesaid shall periodi- Sums collected uncally, and at such periods as shall be agreed upon between him paid over to harbour and the board aforesaid, pay over to the said board all sums received board. by him under this Act, and shall allow the said board access at all reasonable times to all such accounts, books, and papers as may be required for checking or auditing the accounts of such sums : Provided, also, that it shall be lawful for the said board to employ and pay out of the sums receivable under this Act, a wharf or other clerk, who shall be under the superintendence and control of the said officer of Customs. 6. This Act shall commence and take effect from and after the first of July, 1858. Clerk or other pered, and paid out of dues collected. son may be employ Act, when to com mence. SCHEDULE No. 1. (1) SCHEDULE No. 2. I, A. B., do hereby declare that I am cognizant of the value of the following articles about to be shipped by me (or by C. D., according to the fact), on board the in Algoa Bay, viz. :— (here describe the articles, with marks and numbers if any.) And I do further declare that the said articles are of the value of £ **When the articles are landed, or about to be landed, the above form will be altered according to the facts. Repealed by Act 14 of 1867, in its turn repealed by Act 25 of 1875. Preamble. pealed. No. 11-1858.] AN ACT [June 5, 1858. For Regulating Weights and Measures in the Colony of the Cape of Good Hope. (1) WHEREAS it is necessary for the security of commerce and the good of the community that weights and measures should be just and uniform and that true standards should exist, by means of which the accuracy of the weights and measures in public use may be tested and ascertained: And whereas in regard to certain of the weights and measures in general use in this Colony, no standard thereof exists, either in this Colony or in any other part of the world, and the same, or many of them, are inconsistent with each other, and obviously erroneous, which is the cause of great confusion and manifest frauds: And whereas such evils will be best remedied and the recurrence thereof will be best prevented by establishing in this Colony standard weights, in accordance with the standard pound weight now established in and for the United Kingdom of Great Britain and Ireland and the standard of certain of the measures now established in the said United Kingdom, commonly called the imperial weights and measures: Be it therefore enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and the House of Assembly thereof, as follows: Previous laws re- 1. The Ordinance No. 13 of 1848, enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council thereof, entitled "An Ordinance for regulating Weights and Measures," and bearing date the 11th day of July, 1848, and the Ordinance No. 1, 1849, enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council thereof, entitled "An Ordinance to postpone the time of the taking effect of the Ordinance No. 13 of 1848," and all former laws, customs, or usages repugnant to or inconsistent with any of the provisions of this Act shall be repealed and the same are hereby declared to be repealed accordingly. Governor to pro cure copies of the measures used in the United Kingdom. 2. It shall and may be lawful for the Governor of this Colony standard weightsand to procure as soon as may be after the taking effect of this Act a copy or model of the standard pound avoirdupois, of the standard yard, and of the standard gallon, as respectively defined in and for the United Kingdom of Great Britain and Ireland, by an Act of the Parliament thereof made in the fifth year of his late Majesty King George the Fourth, entitled "An Act for ascertaining and establishing Uniformity of Weights and Measures," together with a copy or model of every multiple or sub-multiple of such standard pound specified in the schedule to this Act annexed, and also a 'Extended by § 231 of Act 24 of 1886 to all Native Territories. No. 11-1858. Such copies to be able materials. made of most dur copy or model of every multiple or sub-multiple of such standard yard and standard gallon, made and verified under the direction of the Lord High Treasurer or the Commissioners of the Treasury, or any three of them, and deposited in the office of the Chamberlains of the Exchequer at Westminster, as in the said Act of the Parliament of the United Kingdom provided: and all copies or models procured under this Act shall be made of such metal or materials as shall be best calculated to resist the action of the atmosphere and wear and tear. 3. It shall and may also be lawful for the said Governor Standard or model to cause to be made of such metal or material as shall be deemed best fitted for the purpose, a measure of capacity for standard or model bushel, to contain or consist of two thousand two hundred and eighteen cubic inches, and one hundred and ninetyone thousandth parts of a cubic inch, equal to eight imperial gallons. bushel. Copies or models the Treasur-r-tieneal or other officer: for this Colony. to be deposited with and to be standards 4. The several copies and models aforesaid, so procured or caused to be made as aforesaid, shall be deposited and carefully preserved, for custody and inspection, in the office of the Treasurer-General of this Colony, or of such other officer as the said Governor may appoint, and be kept by him in a chest, whereto there shall be two locks, with separate and distinct keys, whereof one shall remain with the Governor, and the other with the TreasurerGeneral, or such other officer as aforesaid; and such copies and models shall be, and the same are hereby declared to be, the original and genuine standards, in and for this Colony, of all weights and measures by this Act established and made necessary. And the said Treasurer General, or other officer as aforesaid, shall, And may with the permission of the Governor, upon reasonable notice, and at all reasonable times, produce or cause to be produced, for inspection, or for testing the correctness of any measure of weight, extension, or capacity, such one or more of the said copies or models as any Resident Magistrate shall, in writing, desire him to produce. be produced for inspection, Such copies or models, if lost or injur 5. If any copy, model, or standard, for the time being, so deposited as aforesaid, shall be lost or destroyed, or if the same ed, to be replaced, shall be injured, or supposed or suspected so to be, it shall and may be lawful for the Governor aforesaid to procure and substitute a fresh copy, model, or standard, in place and stead thereof; and, thereupon, such fresh copy, model, or standard shall be deemed and taken to be the same standard of weight or measure (as the case may be) which the copy, model, or standard that it replaced would have been deemed and taken to have been, had the same been duly preserved and none other substituted for it. Several sets of standards may be ob 6. (1) It shall and may be lawful for the Governor aforesaid to provide, from time to time, such and so many sets of standard tained and deposited 1 See Act 15, 1876 § 2. with the respective resident magistrates No. 11-1858. weights and measures, verified as in the second section of this Act mentioned, or otherwise verified by comparison with the copies or models deposited as aforesaid, as the said Governor shall deem to be required for the comparison and adjustment of the weights and measures to be in use in the several districts of this Colony; and the said Governor shall cause one or more of such sets to be deposited with and be preserved by the Resident Magistrates respectively of the several districts of this Colony, or by such other person or persons as he shall direct and appoint; and every weight and measure so provided and preserved, as in this section set forth, shall, until the contrary be proved, be deemed and taken to conform to and correspond with the copy or model of the standard weight or measure of the same description or denomination deposited, as aforesaid, in the office of the Treasurer-General, or other officer as aforesaid, and to be fit and proper for testing and ascertaining the correctness of other weights and measures, as the Such standards case may be: Provided, always, that such standard weights and same material as the measures, so to be provided as aforesaid, shall not be deemed or taken to be unfit for the purposes aforesaid, by reason that they, or any of them, are not made of the same materials as the copies or models deposited, as aforesaid, in the office of the TreasurerGeneral, or other officer as aforesaid. need not be of the original copies. Resident magis tice, and payment of dard for inspection or comparison. 7. Every Resident Magistrate, or other person entrusted with trate shan, upon nor the preservation of the said copies or models in the sixth section of fee, produce stan- this Act mentioned, shall, upon reasonable notice, and at all reasonable times, cause such of them to be produced for inspection, or for testing the correctness of any measure of weight, extension, or capacity, as any person shall, in writing, request him to produce for that purpose; such person paying, in respect of every such copy or model produced, the sum of sixpence, which shall be paid over by such Resident Magistrate or other person into the Colonial Treasury. Dutch weights and measures abolished. 8. From and after the date of the taking effect of this Act, the use of all weights, commonly called "Dutch weights," as also of the lineal measure called the "ell," and the measure of capacity known as the" old gallon," and the measures of capacity called "schepel Penalty for using and the "muid" shall be abolished; and if any person shall, after sures not in accord- the said date, sell by or according to any standard of weight other ance with standards than the standard pound as herein before described, and deposited weights and mea hereby declared. in the office of the Resident Magistrate, or other person as aforesaid, or some multiple or sub-multiple thereof, or by or according to any measure or extension other than the standard yard aforesaid, deposited as aforesaid, or some multiple or sub-multiple thereof, or by or according to any measure of capacity other than either the standard bushel aforesaid, so deposited as aforesaid, or some multiple or sub-multiple thereof,--or the standard gallon aforesaid, so deposited, as aforesaid, or some part or multiple thereof,-such person shall, upon conviction, be liable to a penalty |