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Address:
The Guildhall
Frankwell Quay
Shrewsbury
SY3 8HQ
 
Telephone:
01743 281000
 
email:
Shrewsbury and Atcham Borough Council

BYELAWS RELATING TO THE SALE OF COAL

1934

RELATING TO THE SALE OF COAL, MADE BY THE MAYOR, ALDERMAN, AND BURGESSES OF THE BOROUGH OF SHREWSBUR, ACTING BY THE COUNCIL, IN PURSUANCE OF THE WEIGHTS AND MEASURES ACT, 1989.

Interpretation

In these byelaws the term "Local Authority" means the Mayor, Alderman and Burgesses of the Borough of Shrewsbury, acting by the Council of the said Borough.

"Vehicle" means any carriage, cart, wagon, truck, barrow or other means of carrying coal by land, in whatever manner the same may be drawn or propelled, but does not include a railway truck or wagon.

Registration of Coal Dealers

1. Every person who by himself of his agents or servant sells or offers or exposes for sale, coal in quantities not exceeding two hundredweight, shall cause his name and place of business and residence to be registered in the books of the Weights and Measures Department, The Guildhall, Dogpole, Shrewsbury, or at the office for the time being appointed for this purpose, and on each and every occasion on which he shall change his registered place of business or residence he shall, within seven days thereafter, cause to be registered in the said books particulars of such change.

Correct weight to be marked on sacks

2. Every person who shall by himself of his agent or servant sell or offer or expose for sale on or from any vehicle coal in quantities not exceeding two hundred - weight shall sell, offer, expose, deliver on sale or carry such coal, or shall cause such coal to be sold, offered, exposed, delivered on sale or carried in sacks, bags, or other receptacles containing wither two hundredweight, one hundredweight, half of a hundredweight, quarter of a hundredweight, or fourteen pounds and shall affix and keep securely affixed or cause to be affixed and kept securely affixed to the top of the outer side of every such sack, bag, or other receptacle a metal label with figures not less that one inch in height indicating in a clear and legible manner the correct weight of coal contained therein.

Not less that correct weight to be sold or offered

3. No person shall by himself of his agent or servant sell or offer or expose for sale or delivery on sale or carry for sale or delivery on sale in sacks, bags or other receptacles, coal in quantities not exceeding two hundredweight, which is less weight that that indicated on the label affixed to such sack, bag or other receptacle.

Weighing Instrument to be carried on vehicles

4. Every person who shall by himself or his agent or servant sell or offer or expose for sale or delivery to a purchaser, or carry for sale or delivery to a purchaser on or from any vehicle coal in sacks, bags or other receptacles in quantities not exceeding two hundredweight shall carry or cause to be carried with such vehicle and every person in charge of such vehicle shall carry with such vehicle a duly stamped weighing instrument of a form approved by the Local Authority, together with sufficient stamped weights or duly verified counterpoises to weigh the coal in any receptacle carried in such vehicle.

Coal to be weighed or re-weighed on request

5. The person in charge of any vehicle carrying coal for sale, or delivery on sale, in quantities not exceeding two hundredweight shall re-weigh by the weighing instrument carried with such vehicle any one or more of the sacks, bags or other receptacles selected for that purpose by a purchaser, or by anyone on his behalf, or by an Inspector if Weights and Measures, or by any other Official appointed for the purpose by the Local Authority, with the coal therein contained, upon being requested to do so by any such persons and shall in like manner and upon like request re-weigh such sacks, bags or other receptacles, without any coal therein.

Obstruction of Weighing

6. The person in charge of a vehicle carrying coal for sale, or delivery on sale, in quantities not exceeding two hundredweight, shall not hinder, disturb, or otherwise prevent a purchaser or anyone acting on his behalf, or an Inspector of Weights and Measures or other Officer, appointed for the purpose by the Local Authority from examining the said weighing instrument or weights, or sacks, or bags or other receptacles of coal or empty sacks, bags or other receptacles, nor shall such person drive away, or permit or suffer such vehicle to be driven away without weighing in manner required in Byelaw 5 the said sack or sacks or bag or bags or other receptacle or receptacles of coal or empty sacks, bags or receptacle.

Name of Vehicle of Dealer

7. Every person who shall by himself of his agent or servant sell or offer or expose for sale or delivery on sale, or carry for sale or delivery on sale, on or from any vehicle coal in quantities not exceeding two hundredweight shall have clearly and legibly painted upon some conspicuous part of the vehicle in letters not less that one inch in height and of proportionate breadth, the name and place of business of the person on whose behalf the coal is so sold, offered and exposed, delivered or carried and shall keep the same legible and undefaced

Sale of Coal at Wharf, Yard etc.

8. Every person who shall by himself of his agent or servant, sell of offer or expose for sale at any shop, wharf, yard or other place, coal in quantities not exceeding two hundredweight shall sell offer or expose for sale, or cause to be sold, offered, or exposed for sale, such coal in quantities of either two hundredweight, one hundredweight, half a hundredweight, quarter of a hundredweight or fourteen pounds and shall weigh such coal by means of a weighing instrument duly stamped by an Inspector of Weights and Measure and if required shall re-weigh the same in the presence of the purchaser of any person on behalf of the purchaser, or of an Inspector of Weights and Measures, or other officer appointed for the purpose by the Local Authority

Price of Coal to be displayed in Shop, Wharf, Yard etc

9. No person being the owner or occupier or in charge of a shop wharf, yard or other place where coal is sold, or kept or exposed for sale in quantities not exceeding two hundredweight, shall sell or offer for sale such coal unless there shall be exhibited in some conspicuous place in the shop, wharf, yard or other place where coal is sold or kept or exposed for sale a notice on which shall be clearly and legibly marked in figures at least on and three eighths of an inch in height and half an inch in width, the price per hundredweight at which the coal is offered for sale and no person shall alter, deface or remove such notice except at the commencement of each day upon which shop, wharf, yard or other place shall be open for the sale of coal, or immediately after the delivery thereat of coal in bulk.

Coal not to be sold at more than marked price

10. No person being the owner or occupier or in charge of a shop, wharf, yard or other place where coal is sold, or kept or exposed for sale, in which shop wharf, yard or other place is affixed a notice as specified in the foregoing Bylelaw No. 9 shall, on a sale of any such coal, charge to the particular purchaser any price greater than that marked on the said notice.

Limitation as to distance

11. The distance beyond which coal is not to be required to be carried for the purpose of being weighed or re-weighed in pursuance of section 27 of the Weights and Measures Act 1889, shall be the distance of the nearest suitable and duly stamped weighing instrument which may be available for such purposes within the distance of half a mile mentioned in such section.

Penalty Offences against Byelaws

12. Every person who shall contravene or fail to observe any one or any part of any one of the foregoing Byelaws shall be liable to a penalty not exceeding Five Pounds for each offence.

Revocation of Existing Byelaws

13. As and from the date of the confirmation of these Byelaws the Byelaws relating to the Sale of Coal, which were made on the 8th day of February in the year 1892 by the Mayor, Alderman and Burgesses of the Borough of Shrewsbury, and were approved on the 22nd day of March in the year 1892, by the Board of Trade shall be revoked, but without prejudice to any legal proceedings at that time duly taken or other thing done in pursuance of any Byelaw so revoked.


APPROVAL of manner of marking Tare Weight of Vehicle where coal is sold in bulk and of form of Weighing Instrument to be carried with the Vehicle containing Coal for Sale or Delivery in quantities not exceeding two hundredweight.

WEIGHTS AND MEASURES ACT 1889

At a meeting of the Mayor, Alderman and Burgesses of the Borough of Shrewsbury, acting by the Council of said Borough, duly convened and held in the Council Chamber at The Castle in the said Borough on the Seventeenth day of September, one thousand nine hundred and thirty - four, the following Resolution was passed:-

"That we, the Council of the Borough of Shrewsbury being the Local Authority for the said Borough under and for the purposes of the Weights and Measures Acts 1878 to 1926, do hereby under and for the purposes of section 22 of the Weights and Measures Act 1889 approve of the following manner of marking the tare weight of a vehicle conveying any quantity of coal exceeding two hundredweight, namely:-

Where any quantity of coal exceeding two hundredweight is conveyed for delivery on sale in a vehicle in bulk the seller of the coal shall unless the vehicle is provided by the purchaser cause the tare weight of the vehicle to be properly and legibly marked upon the right hand side thereof either in white paint upon a dark ground in letters or figures at least two inches in height, or by means of tickets or plates made of tin or other metal bearing figures not less than one inch in height painted or enamelled white upon a dark ground or black upon a white ground and all such letters or figures be at all times kept legible.

That We, the Council of the Borough of Shrewsbury, being the Local Authority of the said Borough under and for the purposes of the Weights and Measures Acts 1878 - 1926, do hereby under and the purposes of section 28, sub - section 1 (b) of the Weights and Measures Act 1889 and for the purposes of Byelaw No. 4 of the sale of coal approve of the undermentioned form of weighing Instrument, namely:-

A Portable dead weight coal weighing machine together with sufficient weights".

R.F. PRIDEAUX - Town Clerk