« PreviousContinue »
selling the same, shall be paid, one moiety to the party who shall have proceeded for such forfeiture, and the other half to the State Treasury.
13. Every weight and every measure used under the provisions of this Law shall have upon its upper part, and in clear, legible figures, cast or stamped, the number of pounds or length of measure, or sub-multiples of a pound or lineal measure, which it is intended to represent.
14. It shall not be lawful to make use of weights which are manufactured from lead or tin. Provided always that such plug of lead or pewter may be inserted into any weight as may be bona fide necessary for the purpose of adjusting such weight. Provided, however, that such plug shall not be used for the purpose of adjustment to a greater extent than as follows, namely
In weights from 10 lbs. to 50 lbs., to the extent of a two
hundredth part of such weight so to be adjusted.
Any person contravening this Article shall incur and be liable to a penalty not exceeding £5.
15. It is hereby provided that the standard yard shall be three feet, the standard muid three bushels or nine buckets, the standard bushel three buckets, and the average weight of a muid of corn shall be 200 lbs.
16. In all sentences passed under this Law a term of imprisonment shall be specified, which shall be undergone if the fine inflicted shall not be immediately paid. The Court of Landdrost shall have jurisdiction in all cases mentioned in this Law.
17. As soon
as the standard weights and measures ordered to be obtained for the purposes of this Law shall have arrived at Pretoria, the State President shall by proclamation in the Staatscourant give notice thereof and the several descriptions and denominations of the same, and shall, at the same time, fix the day upon which this Law shall come into operation, which day shall not be earlier than six months nor later than twelve months from the date of such proclamation; and this Law shall come into operation and take effect from and after the day so fixed accordingly.
Law No. 6, 1896.
Amendment of Law No. 2, 1874, being extension of Art. 7.
7. After the coming into operation of this Law, any Landdrost, Justice of the Peace, or Chief Constable, or other person appointed for the purpose by the Government, shall be entitled at all reasonable times to enter any place, within the limits of his district, where goods are kept for sale, or where any trade by measure or weight is carried on, and then and there inspect all measures, weights, scales, steelyards and other weighing machines which may be there, and compare and test the same with and according to the standard model weights and measures which are kept by the Treasurer-General, or the respective Landdrosts, as prescribed by Arts. 3 and 4. The measures, weights, scales and weighing machines so tested, compared and inspected, if found correct, may be marked in such manner as the Government may determine.
Further, the Landdrosts in the districts and the Mining Commissioners on the goldfields shall be obliged at least twice a year to have all measures, weights, scales, steelyards or other weighing machines within their jurisdiction marked, and shall report the result each year in the month of January to the Government.
This amendment shall come into operation on the 1st September, 1896.
PROCLAMATION OF 19TH JUNE, 1891.
A Proclamation dated 19th June, 1891, defines the kinds of weights, etc., of which models are to be kept :
Weights.—56 lbs., 28 lbs., 14 lbs., 7 lbs., 4 lbs., 2 lbs., 1 lb. (avoirdupois), 8 ounces, 4 ounces, 2 ounces, 1 ounce, 8 drams, 4 drams, 2 drams, 1 dram, dram.
DRY MEASURE.—1 bushel, bushel, 1 peck.
MEASURE FOR LIQUIDS.—1 gallon, ļ gallon, 1 quart, 1 pint, pint, 1 gill, 4 gill.
Long MEASURE.—1 yard divided into feet, inches and into io, I's, to, and to parts of an inch.
NOTES. According to the decision of the Transvaal High Court in Economic Fire Lighting Co. vs. Holmes (H., p. 243), an agreement for the delivery of goods by weight is taken to denote net weight, and not gross weight, sɔ that packing, such as casks, is not included in the weight, unless there is a general local custom to the contrary, or a special agreement to the contrary has been made.
PART 5.-REVENUE LAWS.
PROCLAMATION No. 12, 1902.
1. In this Proclamation, unless the context otherwise requires, the following expressions in inverted commas shall bear the meanings assigned to them :
“ Governor means the Officer for the time being adminis
tering the Government of the Transvaal. - Material” includes every sort of material upon which
words or figures can be expressed. Instrument” includes every written document. "Writing" or "Written" includes printing, typewriting,
or any process of producing printing or writing. Stamp” means as well a stamp impressed by means of
a die as an adhesive stamp. Stamped,” with reference to instruments and material,
applies as well to instruments and material impressed with stamps by means of a die as to instruments and
material having adhesive stamps affixed thereto. “Executed” and Execution," with reference to instru
ments not under seal, mean signed and signature. Money” includes all sums expressed in British or in
any foreign or Colonial currency. Forge” and “ Forged” include counterfeit and counter
Duty” means any stamp duty for the time being charge
able by law. “ Die” includes any plate, type, tool or implement what
ever used in terms of this Proclamation for expressing or denoting any duty or rate of duty or the fact that any duty or rate of duty or penalty has been paid or that an instrument is duly stamped or is not chargeable with any duty, or for denoting any fee, and also any part of any such plate, type, tool, or
instrument. “Marketable Security” includes any stock, debenture,
security, share, or the like, of such description as to be capable of being sold in any share market or erchange in South Africa.
2. The Laws specified in the first Schedule of this Proclamation and so much of any other Law as may be repugnant to or inconsistent with the provisions thereof are hereby repealed. Provided that
(a) all offences against the provisions of such repealed
Laws may be prosecuted and all fine and penalties incurred or chargeable thereunder may be recovered, in the same way as if there had been no such repeal in any case in which such offence was committed or liability to such fine or penalty incurred prior to the
taking effect of this Proclamation; (b) nothing herein contained shall affect the stamping of
any instrument executed prior to the taking effect of this Proclamation.
3. It shall and may be lawful for the Governor from time to time to nominate and appoint such persons as he may think fit, who shall be charged with any or all of the following duties :
(a) the providing, custody, and management of proper
and sufficient dies and materials for impressing or
denoting stamp duties; (b) the making, custody, and management, supply, sale
and distribution of stamps required for the purposes of this Proclamation ;