WEIGHTS AND MEASURES ACT, 1889. 52 & 53 Vict., Cap. 21. An Act for amending the Law relating to Weights and Measures, and for other purposes connected therewith. [26th July 1889.] Whereas it is expedient to amend the Weights and Measures Act, 1878 (herein-after referred to as the principal Act), and the law relating to the sale of coal : 15. The provisions of the principal Act and of this Act as to the verification and re-verification of local and working standards shall apply to the standards used by any local authority in testing meters under the Act of the Session held in the twenty-second and twenty-third years of the reign of Her present Majesty, chapter sixty-six, intituled An Act for regulating measures used in sales of gas," and the Acts amending the same. *** 39. This Act may be cited as the Weights and Measures Act, 1889; and the principal Act and this Act may be cited together as the Weights and Measures Acts, 1878 and 1889. 52 & 53 Vict., Cap. 50. LOCAL GOVERNMENT (SCOT- 52 & 53 Vict., Cap. 50. An Act to amend the Laws relating to Local Government in Scotland. [26th August 1889.] [Introductory words.] Preliminary. 1. This Act may be cited as the Local Government Short title. (Scotland) Act, 1889. 2. This Act shali extend to Scotland only. Extent of Act. council. 3. A council (in this Act referred to as a county Establishment council or the council of a county) shall be established in of county every county, and be entrusted with the management of the administrative and financial business of that county as herein-after provided. *** Powers of Council. 11. Subject to the provisions of this Act there shall be transferred to and vested in the council of each county, on and after the appointed day, or at such times as are in this Act in that behalf respectively specified : *** (2.) *** The whole powers and duties of the county road trustees; (4.) The whole powers and duties of the local (5.) (i.) The administrative powers and duties of the justices of the peace of the county in general or special or quarter sessions assembled in respect of the several matters following, namely: The execution as local authority of the Acts relating to gas meters, to explosive substances, to weights and measures, to habitual drunkards, and to wild birds; Transfer to county council of powers of commissioners of supply, road trustees, &c. *** 52 & 53 Vict., Cap. 50. Provision for special drainage or water supply districts. [55. Power to county council to enforce provisions of Rivers Pollution Prevention Act, 1876.] [56. Council to have power to oppose Bills in Parliament.] *** With respect to special drainage districts or special water supply districts the following provisions shall have effect: (1.) Where a special drainage district or special water supply district has been formed in any parish under the Public Health Acts, the district committee may, subject to regulations to be from time to time made with the consent of the county council, appoint a sub-committee for the management and maintenance of the drainage or water supply works, and such sub-committee (a) (2.) (3.) *** Where a special drainage district or special water supply district is partly within a county and partly within a burgh or police burgh, the sub-committee appointed under the immediately preceding sub-section and such number of the town council or police commissioners (as the case may be) of such burgh or police burgh as failing agreement the Secretary for Scotland may determine having regard to all the circumstances of the case, shall be charged with the management and maintenance of the drainage or water supply works within such special district, and the determination of the Secretary for Scotland may provide for the regulation of the proceedings and for the allocation and payment of the expenses incurred under this subsection; Where a special drainage district or special water supply district is wholly within a police burgh formed after the passing of this Act, the police commissioners of such police burgh shall become the local authority under the Public Health Acts for such special district, * * * (a) In lieu of words omitted, read "shall in whole or in part consist of parish councillors of the parish or parishes in which the special district is situated, whether members of the district committee or not." See Local Government (Scotland) Act, 1894, s. 44. (9.), p. 429. Words omitted at end of section repealed by Public Health (Scotland) Act, 1897, s. 196, p. 463. INTERPRETATION ACT, 1889. 52 & 53 Vict., Cap. 63. An Act for consolidating enactments relating to the Construction of Acts. of Parliament and for further shortening the Language used in Acts of Parliament. (a) [Introductory words.] [30th August 1889.] Re-enactment of existing Rules. 1.—(1.) In this Act and in every Act passed after the year one thousand eight hundred and fifty, whether before or after the commencement of this Act, unless the contrary intention appears,― (a.) words importing the masculine gender shall in- (b.) words in the singular shall include the plural, singular. (2.) The same rules shall be observed in the construction of every enactment relating to an offence punishable on indictment or on summary conviction, when the enactment is contained in an Act passed in or before the year one thousand eight hundred and fifty. 52 & 53 Vict., Cap. 63. Rules as to gender and number. to bodies corporate. 2. (1.) In the construction of every enactment relating Application of to an offence punishable on indictment or on summary penal Acts conviction, whether contained in an Act passed before or after the commencement of this Act, the expression "person" shall, unless the contrary intention appears, include a body corporate. (2.) Where under any Act, whether passed before or after the commencement of this Act, any forfeiture or penalty is payable to a party aggrieved, it shall be payable to a body corporate in every case where that body is the party aggrieved. 3. In every Act passed after the year one thousand eight hundred and fifty, whether before or after the commencement of this Act, the following expressions shall, unless the contrary intention appears, have the meanings hereby respectively assigned to them; namely, (a) Short Title, the Interpretation Act, 1889. See s. 43, p. 376. Meanings of certain words in Acts since 1850. 52 & 53 Vict., Cap. 63. Meaning of Meaning of "parish." Meaning of "' county court. 51 & 52 Vict. C. 43. Meaning of Sections to be substantive enactments. Acts to be public Acts. Amendment or repeal of Acts in same session. The expression "month" shall mean calendar month: The expression "land" shall include messuages, tenements, and hereditaments, houses, and buildings of any tenure: The expressions "oath" and "affidavit" shall, in the case of persons for the time being allowed by law to affirm or declare instead of swearing, include affirmation and declaration, and the expression swear shall, in the like case, include affirm and declare. 4. In every Act passed after the year one thousand eight hundred and fifty and before the commencement of this Act the expression county" shall, unless the contrary intention appears, be construed as including a county of a city and a county of a town. 5. In every Act passed after the year one thousand eight hundred and sixty-six, whether before or after the commencement of this Act, the expression "parish "shall, unless the contrary intention appears, mean, as respects England and Wales, a place for which a separate poor rate is or can be made, or for which a separate overseer is or can be appointed. 6. In this Act, and in every Act and Order of Council passed or made after the year one thousand eight hundred and forty-six, whether before or after the commencement of this Act, the expression county court" shall, unless the contrary intention appears, mean as respects England and Wales a court under the County Courts Act, 1888. 7. In every Act relating to Scotland, whether passed before or after the commencement of this Act, unless the contrary intention appears The expression "sheriff clerk shall include steward clerk ; The expressions shire," "sheriffdom," and county" shall include any stewartry in Scotland. 8. Every section of an Act shall have effect as a substantive enactment without introductory words. 9. Every Act passed after the year one thousand eight hundred and fifty, whether before or after the commencement of this Act, shall be a public Act and shall be judicially noticed as such, unless the contrary is expressly provided by the Act. 10. Any Act may be altered, amended, or repealed in the same session of Parliament. |