Page images
[ocr errors]

2. Whoever shall intentionally adulterate and render deleteri

for human consumption any food stuffs and liquors or medicines, and shall sell the same, offer for sale, or have the same in his possession with the object of selling, or shall cause the same to be sold or offered for sale, shall be punished by a fine not exceeding £100 sterling, or in case of non-payment, by imprisonment for a period not exceeding twelve months, with or without hard labour.

3. Adulterated or tainted food stuffs and liquors or medicines, deleterious for human consumption, shall be immediately seized and destroyed without any compensation.

4. The Lower Courts in this Republic shall have jurisdiction in cases of contravention of this Law.

5. In every district and on every goldfield, where such is necessary, the Government may appoint a competent person who shall be charged and shall be entitled to test and to examine all food stuffs, liquors, or medicines which have been sold, offered for sale, delivered, or are in anyone's possession.

6. The word adulteration in this Law shall be taken to mean the act of mixing or adding any substance deleterious to health, or done with the object of increasing the quality of anything, or deteriorating or concealing the quality.

7. From the moment of this Law coming into operation, all cases which occur shall be punished under this Law without exception.



8. This Law shall into operation one month publication in the Staatscourant.

Law No. 6, 1898.

Amendment of Law No. 29, 1896. Whereas it has appeared to be desirable to introduce certain amendments in Law No. 29, 1896, it is enacted as follows:

1. As Art. 3 (a) is added :

All food stuffs which are intended for sale must be kept

in a special house, apartment or room for that pur-
pose, which house, apartment or room must be kept
in a clean and tidy condition, and must be properly
ventilated, and may not be used for any other pur-
pose, and may in no case have direct connection with

any sleeping apartment or stable.
Contravention of this Article shall be punished with a fine

not exceeding £50 sterling, or, in default of payment,
with imprisonment, with or without hard labour, for
a period not exceeding six months, and in addition
to this the licence may be withdrawn or refused.
The provisions of this Article shall be applicable only
to licensed dealers, shopkeepers or hawkers.

[merged small][ocr errors]


Or the removal of any elementary constituent from any

commodity, whereby the quality is impaired.

[ocr errors]

3. This amendment shall come into operation inimediately after publication in the Staatscourant.

[ocr errors][ocr errors][ocr errors][ocr errors]



Law No. 2, 1874. Whereas it is necessary for the protection of the interests of the burghers of the South African Republic, for the better regulation of trade, and for the general welfare and in the general interest, that there should be a standard of weights and measures in the South African Republic, similar to that which is at present established in the Colony of the Cape of Good Hope and in the Orange Free State : Now, therefore, the Volksraad has deemed fit to provide and enact as it hereby provides and enacts :

1. All laws and customs in conflict with the provisions of this Law are hereby repealed.

2. The State President is hereby instructed as speedily as possible after the passing of this Law to order and procure a copy or model-(a) of the standard pound avoirdupois, made of such metal or such materials as shall be best calculated to resist the action of the atmosphere and wear and tear; (b) of the standard rard, the standard gallon, the standard bushel, the standard bucket, and the standard of such multiples thereof as are at present preserved in the Colony of the Cape of Good Hope and in the Orange Free State in terms of Ordinance No. 1, 1869, at the office of the Treasurer-General, or the official charged therewith.

3. The copies or models mentioned in the previous Article shall be deposited in the office of the Treasurer-General, and carefully preserved in a chest, whereto there shall be two locks, with separate and distinct keys, whereof one shall remain with the State Secretary, and the other with the Treasurer-General; and such copies or models shall be, and the same are hereby declared to be, the original and genuine standards of all weights and measures established by this Law.

And the said Treasurer-General shall, upon written request of any Landdrost

with permission of the State President, upon reasonable notice and at all reasonable times produce for inspection any one or more of the said weights and measures, in order to test and inquire into the correctness of any weight or measure.

4. A sufficient number of copies and models of the standard weights and measures mentioned in Art. 2 of this Law shall be procured, so that each of the Landdrosts of the various districts may be provided with a set.

5. Each Landdrost shall be obliged and in duty bound to carefully preserve such models, and at all reasonable times, upon reasonable notice in writing from any person requesting him so to do, produce such model or models for inspection and for testing the correctness of any measure or weight, upon payment of a fee of one shilling sterling.

6. From and after the coming into operation of this Law, the weights and measures hitherto in vogue shall be abolished, and if any person after the coming into operation of this Law shall sell anything by any standard of weights and measures, other than that deposited at the office of the Treasurer-General, he shall be liable to a fine not exceeding 40s. sterling, provided always that all agreements of sale or other agreements concluded in good faith before the coming into operation of this Law shall be performed and judged of in like manner as if this Law had never been passed, and provided also that nothing herein contained in regard to the measure of extension) shall apply to any sale of land, and provided further that nothing herein contained shall apply to the use of any weights in the sale of gold, silver, precious stones, or in the sale of drugs by retail, for which special weights are in use.

7. After the coming into operation of this Law any Landdrost, Justice of the Peace, or Chief Constable shall have the right, at all reasonable times, to enter any place within the limits of his district wherein goods shall be kept for sale, or wherein any trade by measure or weight shall be carried on, and therein to examine all measures, weights, balances, steelyards or such other weighing machines there being, and to compare and try the same with the copies of the standard weights and measures which shall be preserved by the Treasurer-General or the respective Landdrost, as is provided in Arts. 3 and 4.

8. If upon such examination as in the preceding section mentioned it shall appear that any weight or measure is not found according to the standard weights and measures by this Act established, or is light or otherwise unjust, the same shall be liable to be seized, and the person or persons in whose possession the same shall be found shall upon conviction incur the forfeiture thereof, and also a penalty not exceeding £5.

9. Any person who shall have in his possession any balance, steelyard or other weighing machine, which shall, on such examination as is mentioned in Art. 7, be found incorrect or otherwise unjust, or who shall refuse or neglect to produce for such examination, when thereto required, all weights, measures, balances, steelyards, or other weighing machines which shall be in his possession, or shall otherwise obstruct or hinder such examination, shall incur the forfeiture of such balance, steelyard or other weighing machine as shall have been found to be incorrect or unjust, or of such of them as he shall have refused or neglected to produce for such examination, or have hindered or obstructed the examination of, and also a penalty of any sum not exceeding £5 sterling.

10. Nothing in this Law contained shall be deemed or taken to prevent any person from being prosecuted, in ordinary course of law, for any fraud or other crime committed by means of false weights, balances or measures.

11. All penalties and forfeitures imposed by any of the provisions of this Law shall be recoverable in the Court of the Magistrate within whose jurisdiction the act or refusal entailing such penalty or forfeiture shall have been done or committed, and may be proceeded for by any person who shall sue for the same, and one moiety of every penalty or forfeiture recovered shall be paid to the party suing for the same, together with his costs as hereinafter mentioned, and the other moiety to the Government; and it shall be lawful for such Magistrate to commit the offender to prison for any term not exceeding one month, in case the party convicted shall not forthwith pay the amount of the penalty imposed, together with the reasonable costs incurred by the party suing for the same, or secure such payment to the satisfaction of such Landdrost.

12. Any weight, measure, balance, steelyard, or weighing machine, adjudged under any of the provisions of this Act to be forfeited, shall be broken up, and, if saleable, sold, and the proceeds thereof, after deducting the expenses of breaking up and

« PreviousContinue »