Markets and Fairs Clauses Act 1847

Weighing of Goods and Carts

And with respect to weighing Goods and Carts, be it enacted as follows :

XXI Undertakers to provide proper Weights and Measures for weighing Commodities sold at Markets and Fairs.

The Undertakers shall provide sufficient and proper Weighing Houses or Places for weighing or measuring the Commodities sold in the Market or Fair, and shall keep therein proper Weights, Scales, and Measures according to the Standard Weights and Measures for the Time being for weighing such Commodities as aforesaid, and shall appoint proper Persons to attend to the weighing or measuring such Commodities at all Times during which the Market or Fair is holden.

XXII Articles to be weighed if requested by the Buyer. Penalty for Refusal.

Every Person selling or offering for Sale any Articles in the Market or Fair shall, if required so to do by the Buyer, cause the same to be weighed or measured by the Weights and Scales or Measures provided by the Undertakers; and any such Person who shall refuse, on Demand, to cause such Articles to be weighed or measured in manner aforesaid, shall be liable to a Penalty not exceeding Forty Shillings.

XXIII Penalty on Persons appointed refusing to weigh.

Every Person appointed by the Undertakers to weigh or measure any Articles sold in the Market or Fair who shall refuse or neglect to weigh or measure the same when required shall be liable to a Penalty not exceeding Forty Shillings.

XXIV Undertakers to keep proper Machines for weighing Carts laden with Goods.

The Undertakers shall provide sufficient and proper Buildings or Places for weighing Carts in which Goods are brought for Sale within the Market or Fair or the prescribed Limits, and shall keep therein Machines and Weights proper for that Purpose, and shall from Time to Time appoint a Person in every such Building or Place to afford the Use of such Machines to the Public by weighing such Carts with or without their Loading, as may be required.

XXV Carts to be weighed at ape of the Machines erected by the Undertakers.

The Driver of every such Cart shall, at the Request of the Buyer or Seller of such Goods, or his Agent, take such Cart, with or without the Loading thereof, to the nearest of the said Weighing Machines, and shall permit the same to be weighed ; and if such Cart be weighed with its Load thereupon the Driver shall, if required, take such Cart after its Load has been discharged to the Weighing Machine nearest to such Place of Discharge, and permit it to be re-weighed without such Load ; and if any such Driver shall for the Purposes aforesaid be required to take such Cart a greater Distance than Half a Mile, including the going to and returning from such Machines respectively, the Owner of the Cart shall be paid for every Horse which shall be used in drawing such Cart Two-pence for the First Half Mile, and a like Sum for every additional Half Mile ; and such Payment shall be made by the Person requiring such Cart to be weighed as aforesaid before the Driver thereof shall be obliged to take it as aforesaid for the Purpose of having it weighed.

XXVI Penalty on Drivers for refusing to take Carts to be weighed, &c.

The Driver of any such Cart who shall not, upon being so requested as aforesaid, and having such Payment made or tendered as aforesaid, take the same to such Weighing Machine as herein-before directed, or who shall refuse to assist in the weighing of the same, shall forfeit to the Person requiring such Cart to be weighed a Sum not exceeding Twenty Shillings.

XXVII Penalties on Drivers of Carts, &c. committing Frauds in weighing.

Every Driver of any such Cart weighed at any Weighing Machine to be provided in pursuance of this or the special Act who shall commit any of the following Offences shall be liable to a Penalty not exceeding Five Pounds for each Offence ; (that is to say,)

• If he at the Time of weighing any such Cart knowingly have any thing in or about the same other than the proper Loading thereof :

• If he alter any Ticket denoting the Weight of any such Cart, or the Loading of the same :

• If he make or use, or be privy to making or using, any Ticket falsely stating the Weight of any such Cart or the Loading thereof :

• If he, after the weighing of any such Cart, with the Loading thereof, remove any Part of such Loading, and afterwards dispose of or attempt to dispose of or represent the Residue of such Loading as being the full Loading denoted by such Ticket :

• If he, between the Time when the Cart and the Loading thereof have been so weighed and the Time when such Cart is weighed without such Loading, change the Wheels of such Cart, or make any other Change upon it after being required to allow such Cart to be weighed without the Loading thereof :

• If he be guilty of any other fraudulent Contrivance to misrepresent the Weight of any such Cart or of the Loading thereof.

XXVIII Penalty on Buyers or Sellers for committing Frauds in weighing.

If the Buyer or Seller of any Goods brought in any Cart for Sale within the Market or Fair, and which shall be required to be weighed as aforesaid, shall do any thing to such Cart or its Loading whereby the true Weight thereof respectively shall be altered before such weighing, he shall for every such Offence be liable to a Penalty not exceeding Five Pounds.

XXIX Penalties for Frauds committed by the Machine Keeper.

The Person for the Time being appointed to keep any Weighing Machine provided in pursuance of this or the special Act shall be liable to a Penalty not exceeding Five Pounds in any of the following Cases; (that is to say,)

• If he wilfully neglect, on Application; duly to weigh any Cart, with or without its Loading, as the Case may be, that is brought to the Machine kept by him to be weighed :

• If he do not fairly weigh every such Cart, with or without Loading, as the Case may be :

• If he do not deliver to the Buyer or Seller of any such Loading, or to any Person interested therein, on Application, a Ticket or Account specifying the true Weight of such Cart, with or without such Loading, as may be required :

• If he give to the Driver of any such Cart a false Ticket or Account of the Weight of such Cart, with or without the Loading thereof :

• If he weigh any Cart, with or without its Loading, knowing that any thing had been done to such Cart or to the Loading thereof to alter the true Weight thereof respectively :

• If he knowingly assist in or connive at any Fraud concerning the weighing of any Cart or the Loading thereof, or make or connive at making any false Representation of the Weight of the same respectively.

XXX Penalty on other Parties committing Frauds as to weighing.

Every Person who shall knowingly act or assist in committing any Fraud respecting the weighing or Weight of any Cart, or the Loading thereof, in pursuance of this or the special Act, shall for every such Offence be liable to a Penalty not exceeding Five Pounds.