An act to regulate Hay Scales. [Passed Feb. 24, 1825.] [1] SEC. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the Selectmen for the time being, of every town, or the City Council of any city, in this Commonwealth, be, and they are hereby authorized from time to time, as they may think expedient, to appoint for a term not exceeding one year, one or more person or persons, to have the superintendence of the Hay Scales, belonging to such town or city, whose duty it shall be to weigh hay offered for sale in such town or city, and any other article offered to be weighed ; and the persons or persons so appointed shall conform to all such rules and regulations as shall from time to time be made and established by the Selectmen or City Council, concerning the said Hay Scales, and the use of the same, and the compensation or fees for weighing hay and other articles; and the said Selectmen or City Council, for the time being, are hereby authorized to remove any weigher, and to fill any vacancy that may occur from death or otherwise, and if any person not authorized as aforesaid shall set up any Hay Scales, in any town or city, for the purpose of weighing hay, or other articles, he shall forfeit and pay for such offence, the sum of twenty dollars a month, so long as the same shall be continued, to be recovered by an action of debt in any court proper to try the same, to be appropriated to the use of the town or city: Provided, however, that this act shall apply to such towns only, as may adopt the same at their annual meeting, in March or April, and shall cease to operate in such towns, whenever, at any meeting, the said town shall so determine: And provided, also, that the same shall apply to such cities only as may adopt the same, and shall cease to operate in such city, whenever the city government shall so direct. [2] In the Board of Aldermen, Dec 1, 1825. Resolved, That the City Council of the City of Boston, do hereby adopt an act, entitled "An Act to regulate Hay Scales," passed the twenty fourth day of February, in the year of our Lord, eighteen hundred and twenty five. Read and passed. Sent down for concurrence. An Ordinance for regulating the weighing of Hay and other articles. [Passed July 15, 1833.] [3] SEC 1. Be it ordained by the Mayor, Aldermen and Common Council of the City of Boston, in City Council assembled, That it shall be the duty of the Mayor and Aldermen, from time to time, as the public good may require, to establish a sufficient number of public Scales for the weighing of Hay and other articles, and to cause the same to be erected and furnished with decimal weights, which shall be used in all cases. [4] SEc. 2. Be it further ordained, That it shall be the duty of the Mayor and Aldermen to appoint suitable places in the streets or squares of said City as Stands for the sale of Hay and Straw. [5] SEc. 3. Be it further ordained, That the owner or driver of any waggon, cart, sled, or other carriage containing hay or straw for sale who shall before or after the weighing thereof, stand for sale of such hay or straw, in any other street, or place than one of those so sppointed by the Mayor and Aldermen, or who shall sell and proceed to deliver any hay or straw within the city without having had the same previously weighed and certified by one of the weighers to be appointed as hereinafter mentioned, according to the provisions of this ordinance, shall forfeit and pay for the use of the city the sum of five dollars, to be recovered by complaint before the Justices of the Police Court. [6] SEC. 4. Be it further ordained, That the City Council shall annually in the month of January appoint by concurrent vote suitable and discreet persons to be weighers of hay and other articles, within the city, who shall hold the said offices during the pleasure of the City Council, and until other persons shall be appointed in their places respectively, each of whom before entering upon the duties of his office shall be duly sworn to the faithful discharge of the same before the Mayor or City Clerk. [7] SEC. 5. Be it further ordained, That the fees for weighing hay and other articles to be received by the said weigher, shall be as follows, viz: one cent and a half for every hundred pounds of hay or straw, one half of a cent for every hundred pounds of anthracite or other coal, and one cent for every hundred pounds of all other articles-Provided, however, that the fee for weighing any article other than hay and straw shall never be less than ten cents. And the cart or vehicle containing the same and other tare, shall be weighed without any charge. And no fees shall be taken for any weighing done on account of the city. [8] SEC. 6. Be it further ordained, That it shall be the duty of the persons, so appointed, to attend personally at the scales, which may be assigned to them respectively, every day through the year, Sundays, public fasts, thanksgivings, and the anniversary of American Independence excepted, from sunrise to sunset, (with liberty to close their respective offices from seven to eight o'clock in the forenoon during the months of April, May, June, July, August, and September, and from eight to nine o'clock during the other six months, and from one to two o'clock through the whole year,) to deliver to the driver of every load of hay or straw weighed, a certificate in such form as is herein after provided; to keep an account of all hay and other articles which shall be weighed at said scales, in books to be furnished by the Mayor and Aldermen, which shall be always open to their inspection, and when filled, shall be deposited in their office; and the persons so appointed shall settle their accounts quarterly with the Mayor and Aldermen, and shall pay over to the city, all fees received by them respectively for weighing. And there shall be paid to the weighers aforesaid, quarter yearly in full for the services prescribed in this ordinance, such compensation as the City Government may from time to time fix and determine. [9] SEC. 7. Be it further ordained, That the accounts kept by said weighers, and the certificates given to the drivers of hay or straw, shall specify the name of the owner or driver, the town from which driven, the weight and tare, the amount of fees received, and the date of the certificate. [10] SEC. 8. Be it further ordained, That it shall be the duty of the Mayor and Aldermen to furnish each of the persons so appointed with duplicate copies of all laws in force relating to the weighing of hay and other articles, and of all ordinances of the city of Boston relative thereto; one of which copies shall be posted up in some conspicuous place in the office of each of said weighers; and to give public notice in one or more of the newspapers printed in this city, of the persons appointed annually; and if either of the persons then appointed shall be guilty of any negligence, fraud, or other misbehaviour, the said City Council on any proof thereof shall remove the person so offending, and appoint another in his place. [11] SEC. 9. Be it further ordained, That all by-laws and ordinances, or parts of by-laws and ordinances, relative to the weighing of hay, straw, or merchandize, heretofore passed, be and the same are hereby repealed, except so far as may be necessary for the recovery of the penalty for any breach thereof already incurred. CHAPTER XXIV. Health. ACTS OF THE LEGISLATURE. [1] Persons sick with contagious diseases to be removed by Selectmen. [2] Persons coming from infected places to inform Selectmen, and depart if directed, or be removed. [3] Selectmen to cause persons passing ferries, suspected of infection to be examined and restrained [4] Sheriffs to remove infected persons, and to impress houses, &c. [5] Baggage, &c. to be secured if infected, ware houses to be broken open in search of the same. [6] Inquiry to be made of vessels passing the Castle-vessels to be sent to Quarantine. [7] Goods permitted to be landed--communication with persons on board vessels at Quarantine prohibited. [8] Vessels infected, &c. coming into any harbor may be be ordered to Rainsford Island. [9] Masters to make true answers to Selectmen-nurses to be provided. [10] Board of Health, its general powers, (see post 24) [11] May make rules, orders, &c. relating to nuisances, sources of filth, &c-penalty for violating the same. [12] May seize and destroy unwholesome provisions [13] May make rules, &c. relating to clothing--penalty for violating the same. [14] May make rules relative to Quarantine—-Penalty for violating the same. [15] May appoint officers at Hospital Island. [16] May appoint Scavengers, Superintendents of burying grounds, funeral porters, &c. [17] Powers given to Selectmen transferred to Board of Health. [18] Board of Health may remove infected prisoners. [19] May regulate the interment of the dead. [20] May permit the removal of nuisances, and compromise suits-may prosecuteforms of process-Repealing clause. [21] Boston and Roxbury Mill Corporation--Board of Health may cause the flats of to be covered with water. [22] Fines and Penalties under the Board of Health act, how to accrue and be recovered. [23] Prosecutions may set forth the offence substantially. [24] Powers of Board of Health transferred to City Council. [25] Repealing clause. [26] Boston Gas Light Company-Mayor and Alder |