for every such offence; one half to enure to the use of the town or city, the other half to the complainant.1 ing hay scales, 14. The sealers of every town and city shall go, once Trying and sealin every year, to every hay scale and platform-balance, &c. 1847, 242, § 6. which cannot be readily removed, and try, adjust, and seal the same, for which he shall be entitled to a fee of one dol- Fees. lar and fifty cents for every such scale or platform-balance, weighing five thousand pounds and upwards; and for every scale or platform-balance, weighing less than five thousand pounds, he shall be entitled to a fee of fifty cents; and all repairs and alterations, which it shall be necessary for him to make, shall be the subject of an additional charge. Any Penalty for using person using such scale or platform-balance, in buying or not sealed. selling, that has not been so tried, adjusted, and sealed, at least once in every year, shall be subject to the same forfeiture as provided in the preceding section, to be appropriated in the manner therein provided. And no sealer of weights and measures, except for the purposes of this section, shall carry his standard of weights, measures, and scales, from one place to another, for the purpose of adjusting others within the town or city. hay scales, &c., ards shall be years, &c. 15. Every county treasurer shall, once at least in every County standten years, at the expense of the county, have the county tried once in ten standards tried, adjusted, and sealed, by the treasurer of Ibid, § 7. the commonwealth, or his deputy; and every town and city sealer shall, once at least in five years, at the expense of the town or city, have the town or city standards tried, 1 By Rev. Stat. c. 36, §§ 47, 48, a special provision is made for weights used in banks, as follows: SECT. 47. The directors of the several banks, once in five years, shall have all the weights used in their respective banks compared, proved and sealed by the treasurer of the commonwealth, or by some person specially authorized by him for that purpose; which shall supersede, so far as respects such banks, the sealing of their weights by the town sealer. SECT. 48. No tender of gold, by any bank, weighed with weights other than those compared, proved and sealed, as required in the preceding section, shall be legal; and the payer or receiver may also require that the gold shall be weighed in each scale, and the mean weight resulting therefrom shall be considered as the true weight. How far this provision is affected by stat. 1847, c. 242, § 5, as given in the text, quære. Penalty. County and town treasurer shall keep sets of weights, measures and balances. How the same shall be made. Ibid, § 8. 1848, 332, § 6. Standards shall be furnished by 1848, 332, § 1. adjusted, and sealed, by the treasurer of the county in which the sealer resides, or by the treasurer of the commonwealth, or his deputy. And every treasurer or sealer who shall refuse or neglect to have their standards sealed, as herein provided, shall forfeit to the use of the commonwealth a sum not exceeding fifty dollars. 16. The treasurer of each county, and the treasurer of each town, shall keep a complete set of the said weights, measures, and balances, except the troy weight. Said weights and measures shall be made of copper, cast brass, or cast iron; the weights of four pounds, and all under that weight, to be made of brass; the larger weights may be made of iron, and all to be turned and finished. The liquid and dry measures shall be made of durable thickness, and, if made of brass or iron, shall be turned inside and on the top edge or rim. The balances shall be made of brass, steel, or iron, and, in all cases, the edges and bearings shall be of hardened steel, or agate. The dry measures to be made, in form and dimensions, to conform to the aforesaid standard; all to be proved, sealed, and marked by said standard as aforesaid. 17. There shall be furnished, to the treasurer of each commonwealth. County, and the treasurer of each city and town, in this commonwealth, at the expense of the commonwealth, a complete set of the standard weights, measures, and balances, such as the treasurer of each county and the treasurer of each town is required to keep, by the provisions of the preceding section. County, city, and town treasurers shall provide places for keeping the same. Ibid, § 2. 18. The treasurer of each county, and the treasurer of each city and town, shall provide, at the expense of such county, city, and town, respectively, some suitable place, in their said counties, cities, or towns, for the safe and suitable keeping and preservation of said weights, measures, and balances; and all expenses attending the boxing, putting up, transporting, and depositing, in their destined 1 So much of this section as relates to town and city standards appears to be repealed by stat. 1848, c. 332, § 5. See § 21, p. 437, post. locations, said weights, measures, and balances, shall be defrayed by the counties, cities, and towns, respectively. of same, keep and replace &c. 19. The treasurer of each county, and the treasurer of Shall have care each city and town, shall have the care and oversight of them in repair, said weights, measures, and balances, and shall see that them when lost, the same are kept in good order and repair; and, in case Ibid, § 3. they are lost, destroyed, or irreparably damaged, shall replace the same by similar weights, measures, and balances; and all expenses incurred under the provisions of this section, shall be defrayed by the counties, cities, and towns, respectively. neglect. 20. If the treasurer of any county, city, or town, shall Penalty for neglect to provide a suitable place, to keep the said weights, Ibid, $ 4. measures, and balances, or shall neglect to keep them in good order and repair, or shall suffer them to be lost, damaged, or destroyed, through his neglect, contrary to the true meaning and intent of this act, he shall forfeit the sum of two hundred dollars, to be recovered, by indictment, to the use of the commonwealth. standards shall in ten years. Ibid, $5. 21. Every town and city treasurer shall, once at least Town and city in ten years, at the expense of the town or city, have the be sealed once town or city standards of weights, measures, and balances, tried, adjusted and sealed, by the treasurer of the county in which the city or town is situated, or by the treasurer of the commonwealth, or his deputy; and every town or Penalty. city treasurer, who shall neglect to have the standards under his charge sealed, as herein provided, shall forfeit, to the use of the commonwealth, a sum not exceeding fifty dollars. able to towns for preservation of standards. 22. Every sealer of weights and measures shall receive Sealers accountof the town treasurer the town standards and seal, and shall give him a receipt therefor, expressing the condition R. S. 30, $ 15. in which the same may be; and he shall be accountable to the town for the due preservation of the same in the like condition, until he shall redeliver them to the treasurer. lect of sealers. 23. If any sealer of weights and measures shall neglect Penalty for negto perform his duty, as prescribed in the thirtieth chapter R. S. 30, $ 21. of the Revised Statutes, he shall for each neglect forfeit to the use of the town a sum not exceeding twenty dollars. Vibrating steel yards allowed to 24. The vibrating steelyards, which have been heretobe used, if sealed. fore allowed and used in this state, may continue to be Ibid, § 22. used; provided, that each beam, and the poizes thereof, shall be annually tried, proved and sealed, by a sealer of weights and measures, like other beams and weights. Provisions respecting meas grain. İbid, § 23. 25. Every measure, by which salt or grain shall be ures for salt and sold, in addition to being comformable in capacity and diameter to the public standards, shall have a bar of iron across the middle thereof at the top, to be approved by a sealer of weights and measures, and a bar or standard of iron from the centre of the first mentioned bar to the centre of the bottom of the measure, to be approved in like manner; and every such measure shall be filled by shovelling such salt or grain into the same; and the striking thereof shall always be lengthwise of the said first described bar; and if any person shall sell or expose to sale any salt or grain, in any other measure, or shall fill or strike such measure, in any other manner than is provided in this section, he shall forfeit, to the use of the town where the offence is committed, the sum of fifty cents, for every bushel of salt or grain measured, filled or stricken contrary to the provisions of this section; provided, that salt may be measured from vessels in such measures as are used by the government of the United States, and that nothing contained in this section shall prevent the measuring of salt in tubs, or any proportional parts of hogsheads without bars, as may be determined by any town; and that the regulations of this section shall not take effect in any town, except where they shall be adopted by a vote, at a legal meeting of the inhabitants, and such vote shall have been published for the space of one month, in some newspaper printed in such town, or in its vicinity, if none is printed in the town. "Hundred weight" to be construed the net hundred. Ibid, § 25. Public weighers to weigh accord 26. When any commodities shall be sold by the hundred weight, it shall be understood to mean the net weight of one hundred pounds avoirdupois; and all contracts concerning goods sold by weight shall be understood and construed accordingly. 27. Every public weigher of goods or commodities shall weigh the same, according to the provisions of the preced- ing to the preing section, and make his certificate accordingly. ceding section. Ibid, § 26. Who shall be deemed a public duty in weigh for breach 28. Every public weigher, who shall offend against the provisions of the preceding section, shall for every such of fence forfeit to the use of the town a sum not exceeding ten dollars; and every weigher of goods or commodities, ap- thereof. pointed by any town, and every weigher of goods or commodities, for hire or reward, shall be deemed and taken to be a public weigher, so far as relates to the provisions of this and the preceding section.1 Ibid, § 27. ORDINANCE OF THE CITY.2 Two sealers of weights and measures shall be appointed, Two sealers of within the city of Boston. weights and WELLS AND PUMPS. ORDINANCE OF THE CITY.3 1. Public wells to be provided | 3. Owner of estate to be released 1 See 1837, c. 166. See also Wood, Bark and Charcoal. 2 An order providing for the appointment of two sealers of weights and measures, passed July 22, 1822. 3 An ordinance for the repair and keeping in order the public wells and pumps, passed December 30, 1833. |