The Weights and Short title Measures Ordinance, 1961

THE WEIGHTS AND MEASURES ORDINANCE, 1961 Section No. ARRANGEMENT OF SECTIONS

PART 1I-LEGAL WEIGIITS AND MEASURES

PART I-PRELIMINARY

General use of avoirdupois weights except for preciousstones and metals.

Contracts. 10. Measures of capacity, length and area to be used. 11. Sale of any produce by measure to be only in prescribed PART III-STANDARDS OF WEIGHTS AND MEASURES Provision of standards of weight and measure.

PART IV-GENERAL ADMINISTRATION

Power of Inspectors to enter premises and check pre.packed articles of food.

Power of Inspectors to enter premises and inspect weights.measures or instruments.

PART V STAMPING AND VERIFICATION OF WEIGHTS. MEASURES AND OTHBR INSTRUMBNTS 21, General requirements as to weights aud measures,

A 157 A158

Restricuon of use of lcad and pewter.

Weighing instruments of insufficient strength, etc. Powver of Inspcctor to refuse to stamp weighing instrument not provided with stud of soft material. Obliteration of stamp and cancellation of certificate of justncss on wcighing instruments. PART VISAL! OF FooD AND INTOXICATING SPIRITS 32. Prohibition of giving short weight, measure or number. Provisions applicable to the sale of certain articles of common consumption.

Power to inspect measuring instruments on licensedpremises.

PART VII-OTHER OFFENCES AS TO WEIGHTS AND MEASURES

Seller to weigh, measure or count before delivery topurchaser.

Inspector.

60 Appropriation of penalties.61. Liability to imprisonnment in cases of fraud. 57. Prohibition of the importation, etc., of an instrumentgraded otherwisc than in avoirdupois or troy weights.Penalty in general. Procedure.

Schedule A B PART VIII--GeNERAL.

D and any other person. G Limitation of actions. H I ARRANGEMENT OF SCHEDULES Avoirdupois Weights (Sections 3 & 8). Troy Weights (Sections 4 & 8) Imperial Measures of Capacity (Sections 5 (1) & 10). Measures of Volume (Sections 5 (2) & 10). Imperial Measures of Length (Sections 6 & 10). Imperial Measures of Area (Sections 7 & 10). Measure of Length (Section 12). Form of Entry for " Record of STANDARDS BOOK» on the verification of Working Standards (Section 13). Form of Certificate of Justness (Section 17). Articles required to be sold by net weight (Section 33). A 159 In Her Majesty's name 1 assent to this Ordinance this26th day of April, 1961. (LS MAURICE H. DORMAN, Governor. NusTICESierra Leone PN. 31)63 3r)63 An Ordinance to Regulate Weights and Measures in Sierra Leone Date of 1961.]commence BET ENACTED by the Legislature of Sierra Leone, as follows: A 161 ment, Provided that the Minister may, if he considers it necessary or expedient, either by one Order or diferent Orders, appoint different days for the coming into operation of diferent provisions hereof. 1, This Ordinance may be cited as the Weights and Short title Measures Ordinance, 1961, and shall come into operation on such and com day as the Minister may by Order appoint: mencement. ON, 129/ 6 A 162 Interpreta tion. 41 and 42 Vict c. 49. No, 22 2. In requires PART 1-PRELIMINARY Ordinance, capacity " in reference to an instrument or measure means the maximum which it is constructed to weigh or measuro; certificate " or " certificate of justness " means acertificate issucd by an Inspector under section 17 of this Ordinance; the context cubic yard " means a volume equal to a cube each edge of which measures one yard; " dry produce " means palm kerncls, husked rice, unhusked rice, peppers, ground-nuts, guinea corn, bulrush millet, fundi, maize, benniseed, egusi, and beans of various kinds; otherwise " food" means and includes every article used for food or drink by man, and any article which ordinarily enters into or is used in the composition or prepara tion of human food; and also includes flavouring matters and condiments: * inspection gallon " means a measure of capacity equal to the Imperial standard gallon as defined in the Act of the Imperial Parliament intituled the Weights and Measures Act, 1878; ** Inspector Imperial standard pound " means the Imperial standard pound as defined in the said Act; « Minister means periodical or surprise visits ascertain the accuracy of a verified weight, measure and instrument or to detect fraud in their use and short weight, measure or number in the sale of food or any other goods or merchandise; to means any person appointed by the Governor under section 14 of this Ordinance; instrument " means a weighing or measuring instrument and includes a beam scale, platform scale, weigh bridge, spring balance, counter scale, self indicating and semi-self indicating scale, steel-yard, deadweight scale, automatic scale, personal weighing machine, liquid measuring instrument, and every other machine or instrument for determining weight, volume or capacity, and any such machine or instrument constructed also to calculate and indicate the price in money; market-authority means the authority empowered by any legislation for the time being in force to.collect market or slaughterhouse fees; means the Minister charged for the time being with responsibility for the subject of Trade and Industry : pound avoirdupois " means a weight equal to the Imperial standard pound; * sale by retail " means a sale to a person buying other wise than for the purpose of resale, and cognate expressions shall be construed accordingly; this unless No. 22 Weights and Measures 1961 square yard " nmcans a squarc cach of whose sides is one yard in length; verification " means thc examination and test for accuraCy with working standards of all weights, measures and Instrumcnts in use for trade, and collcction of the prescribcd fees and the issue of a certificate of justness ; yard" mcans a length equal to the Inmperial standard yard. PART Il-LEGAL WEIGHTS AND MEASURES A 163 3. A pound avoirdupois shall be the primary weight. Avoirdupois The weights specificd in the irst colunn of Schedule A to this enSched. A. Ordinance are hereby declared to be such parts or multiples oI a pound avoirdupois as are respectivcly specificd in thé secondcolumn of the said Schedule A.. Those weights are hereby declared to be avoirdupois weights.()Ihe weights specified in the first column of Schedule Troy weights. B to this Ordinance are hereby declared to be such parts or seneu multiples of a pound avoirdupois as are respectively specified in the second column of the said Schedule B. Those weights are hereby declared to be troy weights. (2) Any weight which is any decimal part or any multiple of an ounce troy may be used as a troy weight. 5. (1) A gallon shall be the primnary measure of capacity. Measures o The measures of capacity specified in the first column of Schedule apacity. Cto this Ordinance are hereby declared to be such parts or Sched. : multiples of a gallon as are respectively specified in the second column of the said Schedule C. Those measures are in this Ordinance referred to as Imperial measures of capacity. (2) A cubic yard shall be the primary cubic measure. Measures of The cubic measures specified in the first column of Schedule D volume. to this Ordinance are hereby declared to be such parts of a cubic yard as are respectively specified in the second column of the said Schedule D. Those measures are in this Ordinance referred to as measures of volume. 6. A yard shall be the primary measure of length. The Measures of measures of length specified in the first column of Schedule E to length. this Ordinance are hereby declared to be such parts or multiples Sched. E. of ayard as are respectively specified in the second column of the said Schedule E. Those measures are in this Ordinance referred to as Imperial measures of length. 7. A square yard shall be the primary measure of area. The Measures of measures of area specified in the irst column of Schedule F to this arca. Ordinance are hereby declared to be such parts or multiples of a Sched. F. square yard as are respectively specified in the second column of the said Schedule F. Those measures are in this Ordinance referred to as Imperial measures of area. 8. (1) The avoirdupois weights specified in Schedule A to General use this Ordinance, and any weight being any part or multiple of any ofof the said avoirdupois weights, may be used in selling or comput- avoirdupois ing the weight of any article whatever, and shall be the only except forweights weights that may lawfully be used in the sale of any article, or in precious any computation of weight for the purpose of any contract or stones and bargain relating to, or of any dealing in, any article: metals. A 164 Presumptlons as to in contracts. Measures of capacity, length, area and volume to be used. Sale of any produce by measure to be only in prescribed 9. Subjcct to the provisions of this Ordinance, any weightexpressions Mentioncd, or referred to, in any enactment of Sierra Leone, or in denoting any salc, contract, bargain, or dealing, if the article in question beweight used of the class of article which, according to this Ordinance, may be sold, or dealt in, by troy weight shall be deemed to be troy weightand if the article be not of that class shall be deemed to be avoirdu Provision of measure. Sched. G. Provided that gold and silver and articles made thereof, including gold and silver thrcad, lace, or fringe, and also platinum, diamonds, and other precious metals or stones, may be sold or dealt in by the troy weight referred to in section 4 of thisOrdinance: Provided further that the Minister may from time to timeauthorise the use in particular trades or for special purposes ofweights and casures of the metric system, and may for this purposc providc additional Schedules to this Ordinance. (2) Every person who acts in contravention of this sectionshall bc guilty of an offencc, and such sale, contract, or bargainor dealing shall be void. 10. (1) The measures specified in Schedules C, D, E and F to this Ordinance and parts or multiples of any of them shall be the only measures that may, in any sale, contract, bargain, or dealing. be lawfully used for computing or expressing the quantity of anything to be measured. (2) Every person who contravenes the provisions of subsection (1) of this section shall be guilty of an offence, and such sale, contract, bargain or dealing shall be void. 11, When dry produce is bought by measure for the purpose of trade, whether export, wholesale, or retail trade, it shali be bought only in measures containing either one bushel or a half bushel, and such measures shall be of the shape and dimensions prescribed by rules made under this Ordinance. 12: The Minister shall from time to time as occasion may standards of require procure copies of the Imperial standards of weight, capaweight and city and length representing and corresponding to, the several weights and measures mentioned in Schedule G to this Ordinance, and every copy so procured shall be verified at the Standards Department of the Board of Trade in ngland before being brought into use. The copies so procured shall be the Reference Standards of Weight and Measure and for allpurposes be conclu sively deemed to be true and accurate copies of the respective Imperial Standards: PART III STANDARDS OF WEIGHTS AND MEASURES Provided that once at least in every ive years, every such Reference Standard of weight shall be compared by the standards department of the Board of Trade with the parliamentary copies of the inmperial standards and be adjusted or renewed, if requisite. Provision of 13, (1) The Minister shall procure such copies of the secondary and working Referçnce Standards, or of any of them as he may think fit, and standards. shall provide for verifying the same, and shall cause such copies pois weight, unless, in either case, the contrary is expressed orimplied. to be authenticated as secondary and working standards. Weights and Measures 1961 (2) An Inspcctor shall at intervals of not more than sixmonths verify the working standards with the secondary standardsand he shall, when necessary, corrcct and adjust the workingstandards to agree with the secondary standards. A record ofsuch verification shall be entered in a " Record of Standardsbook in the presence of a witness in the form set out in Schedule Sehed. H.Hto this Ordinance. (3) Every secondary and working standard shall, until thecontrary is proved, be deemed to be true and accurate. PART IV-GENERAL ADMINISTRATION 14. The Governor may by writing under his hand, appoint Appointa Chief Inspector of Weights and Measures under this Ordinance ment oand may also by writing under his hand from time to time appoint Weights and Inspectors of such persons as he may think fit to be Inspectors and Assistant Measures.Inspectors of Weights and Measures under this Ordinance. A 165 15. An Inspector shall from time to time with the working Verificationstandards in his custody examine for the purpose of verificationevery weight, measure, measuring or weighing instrument in useor in pOSsession for use in trade, and if he shall find the same Correct shall stamp it with a stamp of verification in such manneras best to prevent fraud. 16. An Inspector shall examine every weight and every Comparisonmeasure which is of the same denomination as one of. his working with standards, and is brought to him for the purpose of verification, Stncards o shall compare the same with such working standard; and, if he denominashall find the same to be just, and not already stamped or marked, tion. he shall stamp or mark the same in such manner as the Minister may prescribe. Provided that where an nspector is unable to make examination as soon as possible after the expiration of the period of one year, the Minister may, by notice published in the Gazette. extend the life of a certificate of justness until such examination can take place. Inspectors. (2) Every Inspector who shall neglect or refuse to deliver a certificate of justness as hereby required, shall be guilty of an offence and liable on summary conviction to a fine not exceeding five pounds for each such offence. same 17. (1) Where an Inspector stamps, marks, or verifies any Certificates weight or measure, he shall deliver to the person bringing to him of justness, such weight or measure a certificate of justness in respect of the Sched. I. same, in the form set out in Schedule I to this Ordinance,or to the like effect, and such certificate shall remain in force from the day on which the same was given for a period of one year unless such weight or measure is found to be false or unjust during such period. 18. Every Inspector may at all reasonable times enter any Power of shop, store, warehouse, stall, yard, or other place wherein he has Inspectors to reasonable cause to believe that any pre-packed articles of food enter are bought, sold, exposed, or kept for sale, or weighed or measured check prepremises and for conveyance or carriage and may require the production of and packed Cxamine and check such prepacked articles of food under the articles of provisions of this Ordinance. food. A 166 Power of Inspectors to enter Inspector may not repair or alter, but may adjust weights. 19. Every Inspcctor may, at all reasonable times inspect or examine all wveights, Imcasures, or instruments which are used or premises and In the possCSsION of any person or on any premises for use for inspect trade, and if. on such inspection or cxamination, he has reason weights, able cause to bclieve that any one of such weights, measures, or measurcs, or instruments are made or used contrary to any of the provisionsinstruments. of this Ordinance, he may scizc, carry away, and detain the same for the purpose of comparison thercof with a working standard; and may for the purpose of such inspsction or examination enter any place, whether a building or in the open air, whether open or encloscd where he has reasonable cause to believe that there is any weight, measure, or instruments which he is authorised by this Ordinance to inspect or examine. General as to Marks required on weights, Marks required oncounter poises. Restriction of use of lead and pewter, 21. No weight or measure shall be used for trade or for the requirements purpose of any sale, contract, bargain or dealing, unless it be weights andStamped or marked by an Inspector under this Ordinance, and any 20. (1) No Inspector shall repair or alter any weight, measure, or instrument examined by him. (2) An lnspector may adjust any weights brought to him for the purpose of verification and may for any such adjustment make such charges as the Minister may prescribe and shall account for any money received in respect of such charges in such manner as the Minister may direct. (3) An Inspector during verification may give technical advice and may demonstrate to an owner of a weighing instru ment the use of an adjusting device where such a device is an integral part of the weighing instrument. PART V-STAMPING AND VERIFICATION OF WEIGHTS, MEASURES AND OTHER INSTRUMENTS weight or measure so stamped or marked may, unless it is unjust, be used, so long as the certificate of justness in respect thereof remains in force and no longer. 22. Every weight exceeding one-quarter of an ounce avoir dupois shall have its denomination as one of the weights specified in Schedules A and B to this Ordinance, or as a part or multiple of one of such weights, expressed in legible figures and letters on the top or side thereof. 23. Every counterpoise used with any weighing instrument shall, unless the weight of which it purports to be the equivalent is less than four ounces avoirdupois, have conspicuously andlegibly stamped or marked thereon the letter C and the denomina tion of the weight of which it purports to be the equivalent. 24. No weight or counterpoise made of lead or pewter, or any mixture thereof, shall be used unless the same be wholly and substantially cased with brass, copper, or iron and legibly stamped or marked cased ": Provided that this section shall not prevent the insertion of such a plug of lead or pewter into any weight or counterpoise as may be required for the purpose of adjusting the same or afixing (hereon any stamp or mark required by this Ordinance. No. 22 Weights und Measures 1961 25. Any Inspector may refuse to stamp any iron weight, or or stampirany weight cased with iron, unless the same shall have a plug ofsofter mnetal upon which to impress or affix the stamp. A 167 on iron weights. Z6. bvery measure, whether of capacity or length, shall have Marks its denomination as one of the measures specificd in SchedulesCes.and E to this Ordinance, or as a part or muptiple of one of sucn measures. 27. () A measure of capacity constructed as follows, that Mode of is to say, having a portion made of metal or other suitable material, flling and sufficient to bear the stamps or marks required by this Ordi nance, extending from the lower end, and the upper portion made wholly or partially of glass, or other transparent material, so that the level of the surface of the contents may be clearly seen, and with the level line distinctly marked upon the transparent portion, may be used for measuring liquids, and shall be filled to the level of the line so marked. All measures used for measuring liquids, not constructed as aforesaid, shall be filled to the level of the brim. (2) Al measures of capacity used for any other purpose than measuring liquids, either shall be stricken with a round stick or roller, straight and of the same diameter from end to end, or, if the article sold cannot, from its size and shape, conveniently be stricken, shall be filled in all parts as nearly to the level of the brim as the size and shape of the article will admit. measures of capacity. 28. Every instrument used for trade, or for the purpose of Verification any sale, contract, bargain or dealing, shall be verified by an of instru Inspector who shall issue a certificate of justness in respect thereof and any instrument so verified may, unless it is found subsequently to be unjust, be used so long as such certificate of justness remains in force and no longer. ments, 29. (1) No instrument shall be stamped or issued with a Weighing certificate of justness which is not in the opinion of the Inspector instrument of in examining the same sufficiently strong to withstand the wear and tear of ordinary use in trade. sufficient strength, etc. (2) The Minister may prescribe suitable types instruments that may be used for the purpose of trade and in sales. contracts, bargains or dealings in different itens of commodities. (3) When the Minister has prescribed any types of instruments under subsection (2), any person who uses or has in his possession for use in trade any type of instrument not in accordance with the prescribed type shall be guilty of an offence. 30. An Inspector may refuse to stamp a weighing instrument Power of unless the same is provided with a plug or stud of soft metal on Inspector to refuse to :which to place the stamp, such plug ot stud being made irremov- eruse :able by undercutting or in some other suitable manner. weighing instrument not provided with stud of Soft materia. measures expressed in legible figures and letters thereon, and. in the case of a measure of capacity, on the outside thereof. of A168 Obliteration Prohibition (|) Wherc an Inspector finds that an instrument wlhich of stamp and has bcen stampcd or issucd with a certificate of justness under cancellation of certifcate SCClion 28 of this Ordinance is no longer truc he shall obliterate of justness the stamp vith such a mark as the Minister nay prescribe and on weighing cancel such certificatc, and thereupon such instrument shall be instruments. decmned not to have been stamped or issued with a certificate, within the meaning of the said scction: measure or number. Provisions Statements 31. Weights und Measues 32. A person shall not, in selling any article of food by of gving of weight. measure or number, deliver or cause to be delivered to short weight, the purchaser a less weight, measure or number, as the case may on pre packed articles. Provided that wlhere in the opinion of the Inspcctor the circumstances are not such as to rcquirc the immediate obliteration of the stamp or cancellation of the ccrtificate, he may withdraw the certificate and give the person who has the instrument a written notice calling on him to correct the same within a stated period, and he shall obliterate the stamp and cancel the certificate if the correction has not been nnade within such period. Misrepresen tation. (2) No weight or measure which has been repaired or re-adjusted shall be used for trade, or for the purpose of any sale, contract, bargain or dealing unless and until it has been re examined and re-stamped. (3) Any person who contravenes the provisions of sub section (2) of this section shall be guilty of an offence. 33. A person shall not sell any article of any of the kinds of applicable to foods set forth in Schedule J to this Ordinance otherwise than sale of by net weight except that, in the case of articles specified in Part II certain and Part III of that Schedule, where the article is weighed for sale articles of Common in a wrapper or container the weight purported to be sold may consumption jnclude the weight of the wrapper or container if the weight of the Sched. J Wrapper or container does not exceed PART VI-SALE OF FOOD AND INTOXICATING SPIRITS be, than is purported to be sold. (a) in the case of an article specified in Part II of the Schedule two-and-a-half drams; and (b) in the case of an article specified in Part III of the Schedule for a parcel not exceeding three pounds in weight four-and-a-half drams, for a parcel exceeding three pounds but not exceeding seven pounds in weight three-and-a-half drams, and for a parcel exceeding seven pounds in weight three drams, per pound of the article sold, as to weight article of food shall be deemed to be a statement as to the net O easure weight or measure thereof unless otherwise specified. 34. A statement as to the weight or measure of a pre-packed 35. Aperson shall not on or in connection with the sale of any article of food, or in exposing or offering any article of food for sale, make any misrepresentation cither by word of mouth or otherwise, or commit any other act calculated to mislead the purchaser or prospective purchaser, as to the weight or measure of the article or, if any articles are being sold or offered for sale by number, as to the number of articles sold or offered for sale. No, 22 Weights and Measuwes 1961 () Aperson shall not sell or offer for sale any butchers' Provislonsmeat otherwise than by net weight. (2) A peISon shall not deliver or caUse to be delivered to a purchaser any butchers' meat without a legible statement of the net weight on which the purchase price is based unless delivery is made to the purchaser on or at the premises of the seller immediately after the meat has been weighed in the presence of the purchaser : Provided that where at the request of the purchaser the meat is boned, trimmed, or subjected to any other process involv ing loss of weight before delivery, and the bones or other material thus removed are not delivered with the meat, or where at the request of the purchaser delivery of the meat is deferred, such statement as aforesaid shall include a statement of the net weight of the meat as sent out for delivery as well as the net weight on which the purchase price is based. (2) A person shall not sell or have in his possession for sale or delivery under a contract of sale any loaf of bread unless its net weight is one pound or an integral number of pounds or the net weight prescribed from time to time by the Minister : appllcable to the sale of butchersmeat. 37. (1) A person shall not sell or ofer for sale any bread Provistons applicable otherwise than by net weight. to the sale of bread. Provided that this subsection shall not apply to loaves supplied under contract where the contract provides for the supplyfor consumption on the premises of the purchaser of not less than half a hundred-weight of bread at a time, and for the weighing of the bread on delivery. A 169 (3) The foregoing provisions of this section shall not apply to fancy bread. (4) Every person selling bread, or having in his possession any bread for the purpose of sale, shall provide and keep in some conspicuous part of his shop or premises a correct weighing instru ment of a pattern suitable for weighing bread, and shall, if so required by the purchaser, or by an Inspector, weigh the bread in the presence of the person so requiring, or, if the person so requiring is such an Inspector as aforesaid, shall permit the Inspector to weigh the bread. (5) Every person carrying bread for sale or delivery to a purchaser shall, if so required by an Inspector, permit the Inspector to weigh the bread. 38. (1) Where any persSon has In his poSsession for sale or Powers of of any prc packed measure, or any article of food in respect o Wnich any representa- articles of tion of weight or measure is made, he shalI, if so requested by an food, Inspector, weigh or measure such article in the Inspector's pre. sence or permit the Inspector to weigh of measure it, and if necessary for this purpose, shall break open, or allow the Inspector to break open, any wrapper or container in which such article is packed, and shall also, if so requested by the Inspector. sell the article to him. delivery on sale any pre-packed article of food of any kind which inspection is required by or under this Ordinance to be sold by weight or A 170 weight. Provisions Provisions 39, () Aperson shall not sell or offer for sale any fresh fish for selling fresh fish by otherwise than by net weight. Power to inspect measuring instruments on licensed premises. Provision Weights and Measures 1961 measures (2) Where any wrappcr or container in which any pre packed article is hcld for retail sale, or is being delivered on retail sale, is broken open by or at the request of an Inspector for the purposc of ascertaining the weight or measure of its contents and is found to comply with the requirements of this Ordinance then, where the wrapper or container can be re-scaled without injury to the contents, the Inspector shall re-seal the wrapper or container with a labcl certifying that the weight or measure of the contents has been proved to be correct, and if the Inspector does not so re-seal the wrapper or container the retailer may if he so desires require the said lnscctor to purchase the article. 40. (1) All intoxicating spirits which are sold by retail and for retail not by cask or bottle shall be sold by the measuring instrumentsale of intoxicating prescribed. spirit. (2) A person shall not deliver or cause to be delivered to a purchascr any fresh fish without a legible statement of the net weight on which the purchase price is based unless delivery is made to the purchaser on or at the premises of the seller imme diately after the fish has been weighed in the presence of the purchaser: Provided that this section shall not apply to the sale or offer for sale of any fresh fish on any beach. Provided further that this section shall not apply to shell fish. (2) Any person having in his possession intoxicating spirits for retail sale or being in charge of a liquor licensed premises where intoxicating spirits are kept or exposed for sale shall keep on such premises the measuring instrument prescribed under subsection (1) of this section. (3) If any person sells or suffers any person under his control or in his employment to sell any intoxicating spiritscontrary to subsection (1) of this section or if any person fails to comply with the provisions of subsection (2) of this section, he shall be guilty of an ofence. 42. A market-authority shall provide sufficient scales, of weights, weights, measures and instruments for weighing or measuring and instru articles sold in the market, and shall appoint officers to attend ments. to the weighing and measuring of such articles. 41. Any Inspector may at all times examine, inspect and test any measuring instrument in any licensed premises when opened to the public with the intoxicating spirit that is being sold and may seize and detain any such measuring instrument which there is reasonable cause to believe may be liable to be forfeited, and any person who neglects or refuses to produce for such examination, inspection and test, any such measuring instrument together with the spirit in his possession or custody or on his licensed premises or refuses to permit any such Inspector to examine, inspect and test the same or obstructs the entry of such Inspector or otherwise obstructs or hinders him from acting under this section shall be guilty of an offence. Weights nd Measures 1961 43. (1) In or ncar to every cattle market or slaughterhouse, Accommo-as the Minister may from time to time by 0rder anpoint atlothe market-authoTity shall provide and maintain sufficient wcigh- cattle to be weighing ing instnuments and weights for the purpose of weighing cattlc, provided.and shall appoint proper persons to have charge of such instruments and weights and to afford the use of such instruments andweights to the public for weighing cattle as may be from time totime required. (2) The market-authority slhall have the accuracy of suchweighing instruments and weights verified once in every year by anInspector, and the cost of such verification shall be borne by suchmarkct-authority. (3) 1f the markct-authority fail to comply with theprovisions of this scction, it shall not be lawful for such marketauthority to demand, receive or recover any market or slaughterhouse fees in respect of any cattle brought to the market orslaughterhouse for sale. so long as such failure continues.44. (1) In this Part of this Ordinance-(a) the expression purchaser" includes any personacting on behalf of the purchaser ; (6) the expression pre-packed article means anyarticle which is packed or made up in advanceready for retail sale in a wrapper or container, and where any article packed or made up in a wrapperor container is found on any premises where such articles are packed, kept or stored for sale, the article shall be deemed to be packed or made up in advance ready for retail sale unless the contrary is proved; (c) the expression butchers meat means beef, mutton, veal, lamb or pork, whether fresh, chilled. frozen or salted, and includes livers, but does not include heads, feet, hearts, lights, kidneys or sweet breads, bacon, ham, pressed beef or any meat so treated as to be fit for human consumption without further preparation or cooking. (2) For. the purposes of this Ordinance, a person shall not be deemed to weigh or measure any article in the presence of the purchaser or an Inspector, as the case may be, unless he causes the weighing or measuring appliance or appliances used for the purpose to be so placed, and so conducts the operation of weighing or measuring the article, as to permit the purchaser or Inspectora clear and unobstructed view of the said appliance or appliancesand of the said operation and of all the indications of weight or measure pertaining to such operation. (3) For the purpose of this Part of this Ordinance, thesale of food shall apply only to retail dealings. A171 PART VI[ OTHER OFFENCES AS TO WEIGHTS AND MBASURES Definitions. 45. () Subject to the provisions of section 37 every person Seller toselling goods retail, whether on his own behalf or on behalf of weigh,another, by weight, measure or number, in any warchouse, store.!measure or shop, market or public place, shall before the goods are delivered delivery to count before to the purchaser, and in the presence of the last mentioned purchaser.Derson A172 Fraud in uso of weights, oto, Refusing production Use of 46. Any person using for the purpose of any sale, contract. unauthorised bargain or decaling, or having £n his pOSsession, for use in or denomina for trade, any denomination of weight or measure, or any tion. measure of shape or dimensions, not authorised by this Ordi. nance for such purpose or use, shall be guilty of an offence, and be liable on summary conviction to a fine not exceeding twenty. five pounds. etc., and obstructing Use of 47. (1) Any person using for the purpose of any sale, illegal contract, bargain or dealing, or having in his possession, for use Inspector. Inspector stamping without (a) if tlhe goods arc sold by weight, weigh the same; or (b) if the goods arc sold by measurc, measure the Same; or (c) if the goods are sold by number, count the same. (2) Any person who fails to comply with the provisions of this section shall be guilty of an offence and shall be liable on summary conviction to a finc not excecding fifty pounds. or unjust or which, if required by this Ordinance to be stamped or marked by an Inspector or otherwise, is not so stamped or marked, or in respect of which, if a certificate of justness is required by this Ordinance, no such certificate is in force, shall be guilty of an offence and liable on summary conviction, in respect of a first ofence, to a fine not exceeding seventy-five pounds and, in respect of a second or subsequent offence, to a fine not exceeding one hundred pounds. (2) Where any weight, measure or instrument is found in the possession of any person carrying on trade within the meaning of this Ordinance or in or upon the premises of any person which, whethera building or in the open air and whether open or enclosed, are used for trade, such person shall be deemed for the purposes of this Ordinance until the contrary is proved to have such weight. measure or instrument in his possession for use in and for trade. 48. Where any fraud is wilfully committed in the use of any weight, measure or instrument, the person committing such fraud, and every person party to such fraud, shall be guilty of an offence and liable on sunmary conviclion, in respect of a first offence, to a fine not exceeding seventy-five poundsand, in respect of a second or subsequent ofence, to a fine not exceeding onehundred pounds. of weights, of such Inspector requires the production under this Ordinance, or49. Any person who refuses to produce to an Inspector any weight, measure or instrument in his possession or custody where who obstructs or hinders any Inspector in any examination under this Ordinance of any weight, measure or instrument, shall be guilty of an offence and liable on summary conviction to a fine not exceeding seventy-five pounds. 50. Any Inspector who stamps or marks any weight or measure without duly verifying the same by comparison with the verification. proper working standard in his possession, shall be guilty of an offence and liable on summary conviction to a fine not exceeding twenty-five pounds. weIgnt, etc. in or for trade, any weight, neasure or instrument which is false Weights and Meusures51. Every person who knowingly makes or sells, or know- Dealing in ingly causes to be made or sold, any false or unjust weight, unjustmeasure or instrument, shall be guilty of an offencc and liable on weights, ctc.summary conviction, in respect of a first offence, to a fine not exceeding htty pounds, and, in respect of a second or subsequent offence, to fine not exceeding seventy-five pounds.52. Every persOn who forges or counterfeits, or causes or Forgingnmcures to be torged or counterfeitcd. or knowingly assists in marks, clforging or counterteiting, any stamp or mark used for stamping ormarking any weight, mcasure or instrument under this Ordinance,shall be guilty of an offence and liable on summary conviction toa fine not exceeding seventy-five pounds.53. Every persorn who knowingly sells, alters, disposes of, or Dealing lnexposes for sale any weight or mcasure with any forged or counter- counteriefeited stamp or mark thereon resembling or intended to resemble wany stamp or mark used under this Ordinance shall be guilty of anoffence and liable on summary conviction to a fine not exceedingfifty pounds. 54. Every weight or measure having thereon any forged or Forfeiture ofcounterfeited stamp or mark resembling, or intended to resemble, counterteit any stamp or mark used under this Ordinance, shall be forfeited weights, etc. to Her Majesty, and may at any time be seized by any Inspector. 55. Every person who, with intent to defraud (a) alters any weight or measure stamped according to this Ordinance; and (6) uses in any sale, contract, bargain or other dealing any weight or measure altered as aforesaid, shall be guilty of an offence and liable on summary conviction, in respect of a first offence, to a fine not exceeding fifty pounds and, in respect of a subsequent offence, to a fine not exceeding seventy five pounds. A173 Or marked (2) Any person who fails to provide or keep a suitable weighing instrument for weighing bread as required by subsection (4) of section 37 shall be guilty of an offence and liable on Summary conviction to a fine not exceeding ten pounds. (a) imports or causes to be imported; or Alteration of weights and 56. (1) Any person wh0 refuses to comply with a request Penalty for made by a purchaser or an Inspector as the case may be under refusal. subsections (4) or (5) of section 37 or under subsection (1) of section 38 shall be guilty of an offence and, liable on summary Conviction, in respect of a first offence, to a fine not exceeding twenty pounds, and, in respect of a second or subsequent offence, to a fine not exceeding forty pounds. 57, (1) Any person who, without the written permission of Prohibition the Chief Inspector of Weights and Measures of the importatlon,etc of an instrument (b) uses or has in his posseSSIOn tor use tor trade dd any instrument which is graded with any denomination of weights otherwise other than avoirdupois or troy weights shall be guilty of an ofence than in avoirdupois and liable on summary conviction to a fine not excecding forty avoirduj weights. pounds. A 174 Penalty in general. Procedure. Appropriation of penalties. Publication of convic tions. Forfeiture On convic tion. Impriso ment in default of payment of fines. Determina tion between Weights ana Measures (2) Any permission granted by the Chief Inspector of Weights and Mcasures under this scction may be subject to such conditions as he may think fit. Liability to 61. Where a person is convicted under any section of this Imprison- Ordinance of any offence, and the court by which he is convicted ment in ases is of opinion that such offence was committed with intent to S8. Any person who is guilty of an offence under this Ordinance for which no special penalty is provided shall be liable on summary conviction, in respect of a first offence, to a fine not excccding fifty pounds, and, in respect of a second or subse qucnt offence, to a fine not excceding seventy-five pounds. 59. (1) Every offence against this Ordinance may be heard and deternincd by a Magistrate. (2) A prosecution for any offence against this Ordinance. Rules or Regulations may be instituted and conducted by an Inspector. 60. All penalties imposed under this Ordinance shall, when recovercd, be paid into the general revenue of Sierra Leone. Inspector and any other person defraud, he may be sentenced, in addition to or in lieu of any fine, to be imprisoned with or without hard labour for a term not exceeding six months. 62. Where a person is convicted before any court of any offence under this Qrdinance, the court may, if it thinks fit, cause the conviction to be published in such manner as it thinks desirable. 63. Where an Inspector shall have reasonable and probable cause to believe that an offence against this Ordinance has been committed in respect of any weight, measure or instrument, he may seize such weight, measure or instrument and upon conviction of any person of an offence in relation thereto, such weight, measure or instrument shall be liable, at the discretion of the convicting Magistrate, to be forfeited to Her Majesty. 65. If any difference arises between any Inspector and any other person as to the method of testing or verifying, any weight, by Minister of measure, weighing or measuring instrument, such difference shall, ifference on the request of cither party, be determined by the Minister whose decision shall be final. 64. In default of payment of any fine imposed for abreach of any of the provisions of this Ordinance, the convicting Magis irate may order that the person making the default shall be imprisoned with or without hard labour, where the fine does not exceed fifty pounds for any term not exceeding three months and where the fine exceeds fifty pounds for any term not exceeding six months. PART VIII GENERAL of fraud. No. 22 Weights and Measures 1961 66. (1) All actions or other proceedings for anything done Limitaton by any Inspector under this Ordinance shall be commenced within of actions. four months after the matter complained of was done, and notlater, and notice in writing of such action or other proceeding, withfull particulars of the cause thereof, shall be given to the defendantone month at least before the commencement of such action or proceeding. (2) In every such action the defendant may plead thegeneral issue and give this Ordinance and the special matter inevidence at the trial. No plaintiff shall recover in any such action,if tender of suficient amends was made before such action wascommenced, or if a suficient sum of money is paid into Court after such action is commenced, together with costs incurred up to thetime of such payment into Court. If the plaintiff becomes nonsuitor discontinues the action, or if in any way judgment 1s givenagainst the plaintiff, the defendant shall be entitled to full costsas between solicitor and client. b7. AII weights, measures, strikers and instruments declared Destruction by any Magistrate to be forfeited to Her Majesty under this Ordi- of forteited nance shall be destroyed by or under the authority of an Inspector. weights, ctc. 68. In any proceedings under this Ordinance in respect Safeguards of an alleged deficiency of weight or measure of any pre-packed to radesarticle or of bread, the court shall disregard any inconsiderablevariation in the weight or measure of a single article, and shall have regard to the average weight or measure of a reasonable number of other articles of the same kind (if any) sold or delivered by the defendant, or in his possession for the purpose of sale or delivery, on the same occasion, and generally to all the circumstances of the case. 69. (1) The Minister may make Rules prescribing anything Power of that may be prescribed under this Ordinance. (2) Without prejudice to the generality of the foregoing the Minister may make Rules A175 (a) prescribing fees to be taken by Inspectors for stamping, marking or verifying weights and measures and instruments ; and (b) prescribing the shape and dimension of any measure of capacity authorised by this Ordinance to be used. (3) After the coming into operation of any such rule made under subsection (2) (6) of this section no measure of any denomination therein shall be deemed to be just within the mean ing of section 16 of this Ordinance or shall be stamped, marked or verified unless it shall conform with such Rule. (4) No Rule made under this section shall affect the validity of any certificate of justness previously given, so long as such certificate remains in force. Minister to make Rules. 70. (1) The Governor may make Regulations generally for Regulations. the better carrying out of the provisions of this Ordinance PN. 37)63 A176 Repeal of Cap. 262 and saving. Vol. III, page 1256. No, 22 Weights and Meusures 1961 (2) Without prejudice to the generality of the power conferred by subsection (1) of this section, the Governor may make regulations with tespectto (a) the verification and stamping of weights and measures and weighing and measuring instru ments, including the prohibition of stamping in cases where the nature, denomination, material or principle of construction of the weight, measure or instrument appears likely to facilitate the perpetration of fraud; and (6) the circumstances and conditions under which and the manner in which stamps may be obliterated or defaced; and (c) the tests to be applied for the purpose of ascer taining the accuracy and eficiency of weights and measures and weighing and measuring instru ments; and (d) the limits of error to be allowed on verification and to be tolerated on inspection either generally or as respects any trade ; and (e) the penalties for the breach of any regulation rule made under this Ordinance: Of Provided that no such penalty shall exceed imprisonment with or without hard labour for a term of six months or a fine of one hundred pounds or both such fine and such imprisonment. 71. (1) The Weights and Measures Ordinance is hereby repealed: Provided that the existing rules shall continue in force until such time as the Governor exercises the power to make Regulations under section 70 of this Ordinance. (2) In this section the existing rules" means the Weights and Measures Rules. Grain Dram Ounce Stone Quarter Hundredweight Ton Pint Quart Grain Pennyweight Ounce Pound Peck Bushel Quarter Chaldron :::::: SCHEDULE A AvoRDUPOIS WEIGHTS One seven-thousandth Parts or Multiples of a Pound Avoirdupois One-sixteenth One two-hundred-and-fifty-sixth Fourteen Twenty-eightOne hundred and twelve SCHEDULE B Two thousand two hundred and forty TROY WEIGHTS One seven-thousandth. Parts or Multiples of a Pound Avoirdupois

IMPERIAL MEASURES OF CAPAcITY Twenty-four seven-thousandths. (Secs. 3 & 8) Four hundred and cighty seven-thousandths. Five thousand seven hundred and sixty-seven thousandths. One-eighth One-fourth Two Eight A177 (Secs. 4 & 8) Sixty-four Parts or Multiples of a Gallon Two bundred and eighty-eight. (Secs. 5 (1) & 10) A178 Cubic inch .. Cubic foot Inch Foot FurlongMile Poleor perch Chain No, 22 Square inch Acre Squarefoot Square pole or perch Rood SCHEDULE D MEASURES OF VoLUME One Parts ofaCubic Yard forty-six hundred thousandth. One twenty-seventh IMPERJAL MEASURES OF LENGTH SCHEDULE E One thirty-sixth One-third Five-and-a-half Parts or Multiples of a Yard Twenty-two Twohundred and twenty SCHEDULE F IMPERIAL MEASURES OF AREA One thousand seven hundred and sixty. (Secs. 5 (2) & 10) One-ninth Thirty and a quarter Parts or Multiples ofa Square Yard SCHEDULE G and fifty-six One one-thousand-two-hundred-and-ninety sixth MEASURE OF LENGTH (Secs. 6 & 10) One thousand eight hundred and forty Four thousand eight hundred and forty. MEASURES OF AvoIRDUPOIS WeIGHT (Secs. 7 & 10) MEASURES OF CAPACITY An imperial standard yard graduated to parts of one-eighth part of an inch. (Sec. 12) One hundred and twelve pounds, or a hundred weight. Fifty-six pounds,or half a hundredweight. Twenty-eight pounds, or a quarter. Fourteenpoundsor a stone. Seven pounds. Four pounds. Two pounds. One pound. Half a pound. One-fourth of a pound. An ounce. Half an ounce. One fourth of an ounce. A bushel. Half a bushel. A peck. A gallon. Half a gallon. A quart. Apint. Half a pint. One-fourth of a pint or gill. OF WORKING STANDARDSI HEREBY CERTIFY that the several Witness. FORM OF ENTRY FOR RECORD OF STANDARDS B0oK " ON THE VERIFICATION SCHEDULE H residing at DATED at viz: One cach ofhave been this day duly verified in my presence athy comparison with the Secondary Standards numberedbelonging to the and Measures Ordinance, 1960, and have been adjusted (where necessary) to in terms of section 13 of the Weights agree with the corresponding Secondary Standards.

FORM OF CERTIFICATE OF JUSTNESSIHEREBY CERTIFY that the following weights and measures, namelybrought to me Inspector of Weights and Measures. Sierra Leone this (Signed) in weight (or marked, or verified) by me, the same having been examined and foundcorrect by me. PART I SCHEDULE J by ARTICLES REQURED TO BE SOLD BY NET WEIGHT PART II day of A 179 (Sec. 13) Inspector of Weights and Measures. OF THE ARTICLES SOLD Bacon, ham, butter, lard, suet, margarine. PART IIM were this day stamped (Sec. 17) Tea, Coffee beans, ground coffee, including chicory mixtures, cocoa, cocoa powder,chocolate powder, potatoes. CONTAINER DOES NOT EXCEED TWO AND A HALF DRAMS PER POUND ARTICLES REOUIRED TO BE SOLD BY NET WEIGHT, EXCEPT WHEN WEIGHED FOR SALE INAWRAPPER OR CONTAINER AND THE WEIGHT OF THE WRAPPER OR Aparcel exceeding seven pounds in weight Specified number of drams per pound of abovearticles Aparcel not exceeding three pounds in weight A parcel exceeding three pounds but not exceeding seven pounds (Sec. 33) ARTICLES REQUIRED TO BE SOLD BY NET WEIGHT, EXCEPT WHEN WEIGHED FOR SALE IN AWRAPPER OR CONTAINER AND THE WEIGHT OF THE WRAPPER OR CONTAINER DOES NOT EXCEED THE SPECIFIED NUMBER OF DRAMS PER POUND OF THE ARTICLE SOLD Flour, including self-raising flour and cake fiour, corntlour, sago, tapioca, sugar, dried beans, dried peas,oatmeal, rolled oats, dried currants, dried raisins. dried sultanas, rice. 4} drams 34 drams 3 drams A 180 No. 22 Weights and Measues 1961 Passed in the House of Representatives this 9th day of Murch, in the year of our Lord one thousand nine hundred and sixty-one. M.P. 12365/6. S. V. WRIGHT, Clerk of the House of Representatives. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed the House of Representatives and found by me to be a true and correct copy of the said Bill. S. V. WRIGHT, Clerk of the House of Representatives.