457
The expression "weighing-yard" has been inserted after "steelyard" for the reason that Chinese balance yards are made of wood, bone or ivory as well as of metal, and that it might possibly be argued that the expression "steelyard" would only cover a yard which was made of metal.
The object of clause 4 of this Bill is to remove doubts which have arisen as to whether a person using a Chinese balance yard, which registers an incorrect weight, could be legally convicted under the wording of section 8 of Ordinance 3 of 1885. In framing the amendment introduced by this clause regard has been had to the language used in section 25 of the English Weights and Measures Act, 1878, (41 and 42 Vict. cap. 49). It will be noted that the penalties in this clause and in clause 3 are higher than the penalties in sections 25, 26 and 27 of the English Act of 1878 (ten dollars being roughly equivalent to one pound Sterling), but it appears to be desirable, owing to the special circumstances of this Colony, that the possible maximum penalty should be a heavy one.
Clause 5 of this Bill introduces provisions which are now familiar and are founded upon the provisions of sections 93 and 97 of the English Act of 1879 (42 and 43 Vict. cap. 49).
24. 2. Portad
Acting Attorney General