Certificate that red, &c. is about to apply Whereas the above bounden for a license for the sale, by retail, of spirituous liquors in the tavern or house of public entertainment kept by the said in the County of at Now the condition of the above written obligation is such, that if the above bounden shall, on having obtained a license as aforesaid, in no way or manner at any time offend against or violate, but at all times well and sufficiently comply with the regulations or provisions made by law for the sale by license of spirituous liquors, and shall keep and maintain good order in the tavern or house of entertainment aforesaid, then and in such case, the above written bond or obligation to be void, otherwise to be and remain in full force and virtue. Signed, sealed and delivered in the presence of SCHEDULE (C.) CERTIFICATE OF MAGISTRATES AND HOUSEHOLDERS. We, the undersigned, do hereby certify, that a tavern or inn tavern is requi- is required and necessary at in the Township of [or Town, as the case may be], for the accommodation of the public, and that [name of applicant], being the applicant for a license to keep the same, is of good moral character. Certificate that applicant has the necessary accommoda tions. SCHEDULE (D). CERTIFICATE OF TWO JUSTICES AS TO ACCOMMODATIONS. We, the undersigned, having examined the premises of do certify that the said CAP. III. Recited Acts repealed. An Act to consolidate and amend the laws relating to weights and measures. [Passed April 14th, 1856.] WHEREAS it is necessary to consolidate and amend the several Acts relating to weights and measures: Be it therefore enacted by the Lieutenant Governor, Council and Assembly, as follows, that is to say: "An Act made and passed in the third year of the reign of William the Fourth, intituled 'An Act to repeal an Act made and passed in the pro thirty-fifth year of the reign of his late Majesty King George II. All weights and measures in this Island shall be according to the standard of the Exchequer of England, as it was in the year one thousand eight hundred and nineteen, when the standard weights and measures now in use were first imported. III. The Lieutenant Governor, or other Administrator of the Government, for the time being, in Council, is hereby requested to appoint one or more person or persons in each County in this Island to be Assayers of weights and measures in and for such County; and every person so appointed shall be furnished with a complete set of standard weights and measures; and shall, within one month after his appointment as aforesaid, publish notice of his appoinment in the Royal Gazette, stating where his office, containing the standard weights and measures, is situate. IV. All Assayers of weights and measures are hereby re- Duty of quired to assay and adjust all weights and measures brought Assayer. to them at their respective offices, according to the standard in the last preceding section mentioned, and shall stamp and mark thereon the letters V. R., or the initials of the reigning Sovereign; and shall grant a certificate to the effect, that the said weights and measures have been assayed and stamped; for which he shall be entitled to receive the sum of six pence for every weight and measure stamped as aforesaid, and no more. V. Any Assayer of weights and measures shall have full Further duty power and authority to inspect all weights and measures, and of Assayer. weighing machines, and for that purpose to visit once in every three months, or oftener, if he shall see cause, any house, shop, mill or other building, place or premises, and to seize all such weights and measures as are not marked or branded as aforesaid; and upon proof, that the said weights and measures, or Penalty on persons using false any of them, are either less or greater than the legal standard, weights, &c. and have been found in the possession of any person, such person, in whose possession any weights or measures have been found, shall, on due conviction thereof, forfeit and pay a sum not exceeding five pounds, with costs. Penalty on per sons refusing to have weights, &c., inspected. Every grist mill to be fur nished with a weighing machine or complete set of weights. Prohibits mas ter, &c. of ves sel from receiv ing on board agricultural produce unless measured by stamped mea sures. VI. If any person selling, bartering or exchanging, by weights or measures, or by any description of weighing machine, in any house, shop, grist mill, carding mill, or other premises, shall refuse admittance to any Assayer of weights and measures, lawfully appointed, after such Assayer shall have declared his intention of his coming to execute the duties of his office, the person or persons so refusing shall, for every such refusal, on proof, by the oath of such Assayer or other credible witness, forfeit and pay the sum of two pounds, with costs. VII. In every grist mill in this Island, there shal! be kept at all times a weighing machine or scales, capable of weighing without weights, or in lieu thereof, a complete set of weights, duly stamped as aforesaid, consisting of at least two fifty-six pounds weights, two twenty-eight pounds weights, two fourteen pounds weights, one seven pounds weight, one two pounds weight, and one one pound weight, under a penalty of ten shillings for each of the above weights which shall not be found in such mill, and when such mill shall not contain and be provided with a weighing machine as aforesaid. VIII. From and after the passing of this Act, no person, being in command or charge of any vessel loading with agricultural produce, to be exported from this Island, shall take or receive any such agricultural produce on board of any vessel as aforesaid, without having first measured the same in a measure regularly stamped and assayed by an Assayer of weights and measures within this Island; which said measure when intended for potatoes or turnips, or other edible roots, shall be of a cylindrical form, and of capacity to contain five Winchester half bushels and one half peck struck measure, level with the brim, which shall be deemed and taken as four half bushels, heaped measure; and such measure, so to be stamped and assayed, shall not exceed nineteen inches in diameter at the brim, but the measure for all kinds of grain shall be agreeable to the herein before mentioned standard; and any master or other person having charge of a vessel receiving such agricultural produce as aforesaid, without having constantly on board for use the herein before directed measures, shall forfeit and pay for every such offence the sum of twenty shillings, with costs. mentioned, of Proviso with IX. The measure for all kinds of grain shall be according Grain to be to the herein before mentioned standard, being known as the measured by Winchester measure; the bushel by that standard containing standard before two thousand one hundred and fifty cubic inches and forty- 1819. two hundredths of a cubic inch; and it shall be lawful for any Assayer of weights and measures in this Island to stamp and assay, as a grain measure only, any bushel measure whose diameter at the brim shall be the same as the diameter of the half bushel now in use: provided the capacity of such bushel measure shall be in accordance with the size or contents above specified: provided always, that nothing herein contained shall be construed to prevent any person or persons from loading their own vessel with their own produce, or any person loading the whole of any one vessel, to put such produce on board without the beforementioned measures, in case it be mutually agreed on between himself and the master to do so. X. It shall be lawful for any Assayer of weights and measures to stamp and assay any measure, the material of which shall be soft wood: provided the same be properly made and well hooped, in the same manner as he is now authorized to stamp and assay hardwood measures; and such Assayer, for assaying and stamping every such measure, shall be entitled to receive the sum of one shilling. XI. No weights, beam, balance, or other weighing machine, scales or standard, of any construction (except common hand steelyards), shall be used for weighing any hay, straw or fodder, or any flour, meal, or other commodity, article or thing whatsoever, unless the same shall have been examined and the construction thereof approved of, and such weights and weighing machine, or the weights and beam thereof, duly assayed and stamped by the Assayer of weights and measures for the Town, County or place wherein such weights, beam, balance, or other weighing machine, shall be stationed or used; and every such Assayer shall give to the owner or keeper of any such weights, beam, balance or weighing machine, or other standard, a certificate under his hand, stating that the construction thereof hath been by him approved of, and that the same, or the weights and beam thereof, hath or have been. duly assayed. XII. Each and every person who shall keep for public use, or for any gain or reward, or who shall, in the barter, sale or exchange of commodity, use or have in his shop, mill or other place, or in his possession, any such weights, beam, balance or weighing machine, without having the same duly assayed, stamped and approved of, in the manner by this Act directed, shall forfeit and pay, for every such offence, the sum of ten shillings, with costs. respect to pertheir own vessels. sons loading Assayer may stamp softwood perly made, &c. measures if pro No weighing machine, except steelyards, weighing hay, &c., unless asstamped. to be used for sayed and Penalty on persons keeping for public use, &c., unstamped weighing ma chine, &c. Assayer, when ever he sees fit, may inspect weighing machine, &c. Defines mea sure to be used on sale, &c., of Lime. Lt. Governor, assayer of weights, &c. for settlements &c. XIII. Every assayer shall have power, as often as he shall see cause, to visit and examine every such weighing machine as aforesaid, and to adjust or cause the same to be adjusted and stamped; and in case the same shall appear to such assayer to have become wholly unfit for its purpose, he shall make an order in writing, prohibiting the use of such weighing machine, which order shall be delivered to the owner or keeper of such weighing machine; and from and after the delivery of such order, it shall be unlawful for such owner or keeper to use or suffer to be used such weighing machine, under the like penalty as imposed by the last preceding section of this Act. XIV. The measure to be used hereafter for the sale, exchange or barter of lime, shall be of a cylindrical form, and of capacity to contain exactly six Winchester half bushels, struck or water measure, level with the brim, which shall be deemed and taken as one barrel; and which measure shall not exceed twenty inches, nor be less than eighteen inches in diameter at the brim, and shall be stamped and assayed as herein directed; and when any lime is measured for sale in a bushel or half bushel, such shall be heaped measure. XV. When and so often as fifteen householders, of any &c., to appoint settlement of this Island, shall make application, in writing, to the Lieutenant Governor, or other Administrator of the Government for the time being, requesting the appointment of a person to act as Assayer of weights and measures for such settlement, it shall be lawful for the Lieutenant Governor, or other Administrator of the Government for the time being, to nominate and appoint a fit and proper person to be Assayer of weights and measures for such settlement; and the person so appointed shall be provided with the necessary standard weights and measures, at the costs and charges of the persons requesting the appointment of such assayer. Persons appointed under former Acts to continue in of fice hereunder. Mode of recovering penalties incurred under this Act. XVI. All persons appointed to any office, under and by virtue of any Act or Acts hereby repealed, shall remain in such office until superseded, and shall have the same rights, powers and authorities, as if reappointed after the passing of this Act. XVII. All and every the penalties imposed by this Act shall and may be recovered, with costs of suit, in any Court of Commissioners for the recovery of small debts, for the County wherein the offence shall be committed, or before any Justice of the Peace for such County, or before the Mayor's Court, if the offence be committed in the City of Charlottetown, upon the oath of the Assayer of weights and measures, or any other credible witness; and shall be levied by distraint upon the goods and chattels of such offender, and in default |