CHAPTER
338
WEIGHTS AND MEASURES |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Minister to procure scales, weights and measures
of the standard heretofore in use in The Bahamas. |
Standard scales and measures the only lawful
ones. |
Officers to test the accuracy of all scales,
weights and measures once a month. |
Measurement of salt bags provided for. |
Grain to be sold only by standard measure. |
Suspected weights and measures, how dealt with. |
Search warrant may be issued for detection of
false weights, etc. |
Penalty for having deficient weights. |
Standard pineapple measures to be procured. |
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Penalty for not using standard measure. |
What deemed false and fraudulent measure. |
CHAPTER 338 |
WEIGHTS AND
MEASURES |
An Act
for the prevention of abuses by the use of false or insufficient weights and measures. | 7 of 1871
8 of 1904
20 of 1932
G.N. 7/1964
E.L.A.O., 1974
5 of 1987 |
[Commencement 22nd
March, 1871] |
1. This Act may be cited for all purposes as the
Weights and Measures Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"Minister"
means the Minister responsible for Weights and Measures. |
3. It shall be lawful for the Minister to import or
otherwise procure a sufficient number of proper scales, weights and measures of
the standard heretofore in use in The Bahamas, and to have the same properly
stamped or marked to designate them as public property, one set of which shall
be delivered to, and shall continue in charge of, the Commissioner of
Police, at the police station in the City of Nassau, one other set of which
shall be delivered to the commissioner at Dunmore Town, Harbour Island; one
other set to the commissioner at Matthew Town Inagua; one other set to the
commissioner at Green Turtle Cay, Abaco; and one other set to each of such
other commissioners at the other Out Islands as may satisfy the Minister that
standard scales, weights and measures are required for public use within their
respective districts. | Minister to procure scales, weights and measures of
the standard heretofore in use in The Bahamas. |
4. The scales, weights and measures in the charge of
the Commissioner of Police on the thirteenth day of June, one thousand nine
hundred and thirty two, shall be considered, held and taken to represent and be
the standard scales, weights and measures of The Bahamas; and it shall not be
lawful for any person to sell any article whatever usually sold by weight or
measurement by any other scales, weights or measures than such as correspond
with the scales, weights and measures by this Act declared to be the
standard scales, weights and measures, under a penalty of not less than five
dollars or more than fifteen dollars for each offence. | Standard scales and measures the only lawful ones. |
5. In New Providence it shall be the duty of the
Commissioner of Police, and at the Out Islands, of the respective
commissioners, to cause some officer, or other member of the police force, to
proceed, at least once in every month, at uncertain times to all markets,
stores, shops or other places in which articles are sold or exposed for sale by
weight or measurement, for the purpose of examining and testing the accuracy of
all scales, weights and measures, there used for weighing or measuring articles
for sale, and every such officer, or other member of the police force, as the
case may be, shall have, and is hereby invested with, full power and authority,
to call for, try, examine and test the accuracy of all such weights and
measures, made use of in any such market, store, shop or other place, or
intended to be made use of therein, in buying or selling any article
whatsoever, and if any such scales, weights or measures are found to be false,
or not to correspond with the standard scales, weights and measures established
under this Act, the same shall be forfeited, and shall be taken possession of
for the purpose of condemnation under this Act. | Officers to test the accuracy of all scales, weights
and measures once a month. |
6. Where, at an Out Island, salt is manufactured, sold
and delivered in bags, purporting to contain a specific quantity, without the
said article being subjected to any other measurement, the provisions of this
Act in reference to other measures shall be held to apply to such bags, and it
shall not be lawful for any person to use, in the sale and delivery of salt,
any bag the correctness of which as to the quantity it is said to contain,
shall not have been previously tested by the officer aforesaid, and by him
stamped in authentification thereof, and any person who shall use in the sale
and delivery of salt any unstamped bag, shall be held liable to the same
penalties and forfeitures as are by this Act declared and provided for in cases
where false or deficient weights and measures are used; and for the testing and
stamping such bags, the officer aforesaid shall be entitled to demand and receive
from the person or persons for whom the said bags are stamped a fee at the
rate of fifteen cents for every hundred bags. | Measurement of salt bags provided for. |
7. It shall not be lawful to measure any Indian corn,
oats, rye, barley or other grain for sale, on board of any ship or vessel in
the Harbour of Nassau, or on shore, except by half-bushel, bushel or other
measures, to be stamped as aforesaid, under the penalty of forfeiting the
sum of thirty cents for every bushel of such grain which shall otherwise be
measured and sold. | Grain to be sold only by standard measure. |
8. It shall and may be lawful for any peace officer to
take possession of any scales, weights or measures, which on information to him
given, or on his personal view, he shall have reasonable cause to suspect are
false and fraudulent, and the same to carry before a justice of the peace in
order that the same should be tried and proved as aforesaid. | Suspected weights and measures, how dealt with. |
9. It shall and may be lawful for any justice of the
peace, before whom an affidavit shall be made by any credible witness, charging
any person engaged in trade or business with selling by false scales, weights
and measures, or either, to grant a warrant to search the shop, store or
premises of the person so charged, and the scales, weights and measures so
found on such search, the person executing such warrant shall convey or cause
to be conveyed, before such or some other justice of the peace, in order that
the same may be tried and proved as aforesaid. | Search warrant may be issued for detection of false
weights, etc. |
10. Any person in whose possession, store or shop, any
false or deficient scales, weights or measures shall be found, shall be liable
to pay a fine of twenty dollars. | Penalty for having deficient weights. |
11. It shall be lawful for the Minister to procure a
sufficient number of standard pineapple measures, stamped in authentication
thereof with a government mark. | Standard pineapple measures to be procured. |
12. The said measures shall be sold by the Minister to
all who may apply for them at a price to be fixed by the Minister, as nearly as
convenient, equivalent to the cost price thereof. | Measures to be sold. |
13. The said sale shall be made in New Providence by
the Minister and in an Out Island through the commissioner having jurisdiction
in the district. | Sale by whom made. |
14. The said measures so stamped as aforesaid shall be
deemed the standard measures for the sale or purchase of pineapples in The
Bahamas, and it shall not be lawful to measure pineapples for sale or purchase
by
any other measure under a penalty of not less than five dollars or more than
fifteen dollars for each offence. | Penalty for not using standard measure. |
15. Any measure used or intended to be used for the
sale or purchase of pineapples and not stamped in accordance with this Act
shall be deemed to be a false and fraudulent measure within the meaning of this
Act. | What deemed false and fraudulent measure. |