terms stated in the said clause, or shall forfeit every such article, as any three Commissioners of the Markets may determine. 23. That no steelyards shall be used in any of the public Markets, but that all flesh, grain, and other provisions of every kind, sold by weight or measure, shall be respectively weighed by scales and weights, or measured by measures, duly regulated and stamped by the Clerk of the Centre Market. And if any person shall be guilty of selling by steelyards, or shall be guilty of using any unfair trick or deception in weighing or measuring; or shall be guilty of selling, by scales unjustly balanced, or by false measurement; or shall be guilty of making use of scales and weights, or of measures, after they or any or either thereof have been declared by the Clerk of the Market as unfit for use; or shall be guilty of selling, after the first day of July next, by scales and weights, or by measures, not stamped as aforesaid; every Penalty and such person, if a white or a free person of colour, punishment shall for each and every such offence forfeit and pay the sum of twenty dollars; and if a slave, shall receive such punishment, as is pointed out in the twentieth clause of this ordinance; and all false or unstamped weights and measures shall moreover be forfeited, to any white person discovering the same, or to the Clerk of the Market. And every person, Expelled for being guilty of any such offence twice in one year, twice in one offending shall be expelled from the public Markets of the year. City, in the manner and for the time specified in the twentieth clause of this ordinance. And whenever any person, having made a purchase in the market, conceives to have been unjustly dealt with in regard to weight or measure, and shall, before quitting the Clerk's duty. Market, bring to the Clerk thereof the article or articles, suspected of being too light in weight or too short in measure, it shall be the duty of the said Clerk, to weigh or measure the same in the public scales or measures, as the case may require, and to decide, whether, and how far, the former weight or measure was deficient. 24. That hay and other sorts of fodder shall not Regulations be sold in the City, otherwise than by weight; and for the sale of hay, &c. if any person, having hay or other fodder for sale, shall refuse to have the same weighed at some con venient public scale, if the same be required by the person, who purchased or engaged to purchase the same, every person, so refusing, shall forfeit and pay Penalty and to the use of the City a sum not exceeding ten dol punishment. lars, if he be a white person or a free person of cocolour; or if a slave, shall incur such punishment, as is pointed out in the second clause of this ordi nance, respecting slaves, unless therefrom released on the terms stated in the said clause. Commissioners to fix the weights and measures. 25. That the standard for all weights and meastandards for sures, to be used within this City, shall be ascertained and fixed by the Commissioners of the Markets or by a majority of them, agreeably to the general standard for weights and measures in the City Hall Denomination (apothecaries' and goldsmith's weights excepted.) of weights, &c. And it shall not be lawful to or for any person or persons whomsoever, to make use of any other than brass or iron weights, or of any other than weights of fifty pounds, twenty-five pounds, fourteen pounds, seven pounds, four pounds, two pounds, one pound, half a pound, quarter of a pound, two ounces, and one ounce downwards. And every weight, being of any other denomination than as aforesaid, as well as every weight or measure, being deficient, shall be liable to seizure by any white person, discovering the same. And any white person or free person of colour, selling any article below the said standards, or having in his or her possession any unjust or false weights, scales, beams or measures, or selling by scales unjustly balanced, or by false measurement, shall for each and every such offence, if committed out of any of the public markets, forfeit and pay to the use of the City twenty dollars; or if a slave shall sustain such punishment, as is pointed out in the second clause of this ordinance, respecting slaves, unless therefrom released on the terms stated in the said clause. Penalty and punishment. 26. That it shall be lawful to and for the Commissioners of the Markets, to inspect and examine in all houses and buildings, where groceries, liquors, or other goods are sold, all the weights and measures, ries and other mere to be found; for which purpose, a certain di- Commissionision of the City shall be assigned by the Board to ers to inspect weights and very Commissioner, whose duty it shall be, to insti- measures ute such examination within the same once at least where groce n every year, and who shall be authorised upon every goods are sold. uch occasion, to call to his assistance the City Marhal or either of the Constables of the respective wards, through which he goes as aforesaid, and to orler or cause the City Marshal or the City Constable or Constables, so attending, to seize and destroy all weights and measures, that may be deficient unjust or otherwise unlawful. And any person, abusing or Penalty and opposing or otherwise molesting any of the said Com- punishment missioners, any of the City Constables, or the City Marshal, in or on account of the execution of his duty, shall for each and every such offence forfeit and pay, to the use of the City, a sum of not less than fifty nor more than one hundred dollars, if the offender be a white person or a free person of colour; but if a slave, he or she shall be committed to the Work-House for three weeks, and receive during such time three corrections at the Centre Market, each correction not to exceed twenty lashes, and to be inflicted by the Clerk of the Market. And every Penalty on City Constable, who shall refuse or neglect, to attend refusing to at any Commissioner of the Markets, when requested tend the Com to go through his ward for the purposes aforesaid, or who shall refuse or neglect, to seize an: destroy any weights and measures, when ordered by the said Commissioner so to do, shall forfeit and pay for each and every such refusal or neglect the sum of ten dollars; and the City Marshal shall, for every such refusal or neglect, forfeit and pay the sum of fifty dollars, and be moreover liable to be dismissed from office. City Officers missioners. 27. That, before any person shall undertake, to weigh and to transact the business of a weigher upon any wharf or at any other place within the City, where there are public scales, he shall take the following oath or affirmation before one or more of the Commissioners of the Markets, viz. "I, A. B. do so- Weigher's "lemnly swear, (or affirm) that, while the public "scales at the wharf or place, at present known by oath. Penalty for "the name of shall be under my charge, I ways do impartial justice between buyer and sel"ler, in the weighing of produce and any other com"modity upon the said wharf or place, while the "same shall be under my care and management. "So help me God." And the Commissioner or Commissioners, before whom such oath or affirmation is taken, shall thereupon give to such person a certificate thereof. And every person, who shall not taking the weigh at any wharf or other place, where there are public scales, without having previously taken the oath or affirmation required as aforesaid, shall forfeit and pay to the use of the city the sum of fifty dollars. Provided however, that nothing, herein contained, shall extend or be construed to extend, to oblige any person, who hath already been sworn to the effect and for the purposes aforesaid, to take again such oath or affirmation. oath. Proviso. Time of electing Commissioners of the 28. That on the third Monday in October next, or at the first meeting of the City Council thereafter, markets, &c. and on the same day or days in every following year, there shall be elected by the City Council a general board of Commissioners for all the Markets in Charleston, consisting of nine members, who shall be appointed to serve until the next annual election. But the commissioners, appointed at the last election for the several Markets, shall continue their functions and powers in the respective Markets, for which they were appointed as commissioners, until the next ensuing election of a general Board of Commissioners, Penalty for as aforesaid. And every person, who, being elected shall refuse to serve as a Commissioner of the Markets, shall forfeit and pay the sum of fifty dollars; Provided, that no person shall be obliged to serve more than one year in seven, and that none, who has served within the last seven years, shall be liable to the aforesaid fine, on refusing to serve before the expiration of seven years from the time of his former, election. refusing to serve. Proviso. the powers &c. 29. That the Commissioners of the Markets shall commissionbe authorized and empowered, to perform all such ers duty, and functions, and to exercise all such powers, in the vested in them public Markets or in any other part of the city, as are in them or any of them vested by this ordinance, according to the tenor true intent and meaning of the same. They shall hold a board on or before the seventh day of every month at the upper room in the brick building of the Centre Market, and otherwise meet as often as may be necessary; and shall submit their accounts, once at least in every three months, to the inspection and examination of the City Council. They or a majority of them are also authorized and empowered, to elect a clerk or clerks for the respective markets; to enjoin on him or them his or their duties, and, with the consent of the City Council, to affix his or their salary and such fees, as to them shall appear reasonable; and further to make such regulations and arrangements, respecting the internal management and other concerns of the market or either of them, as to them may seem suitable and expedient. Provided however, that in Proviso. every election of a clerk or clerks they shall conform to an ordinance, entitled "An ordinance, further re"gulating the appointments duties and salaries of City Officers, and of other persons employed in "the public institutions and departments of the City "of Charleston ;" and, Provided also, that none of their engagements, agreements and regulations shall be repugnant to this ordinance, or shall, if not contemplated in this ordinance, become binding and of force, unless approved by the City Council. Market, and 30. That it shall be the duty of every clerk of a Duty of the Market or Markets, to attend, unless prevented by Clerk of the sickness or other unavoidable accident or necessity, his deputy, &c at the Market for which he is respectively appointed, on every Market day from sun-rise till twelve o'clock at noon, from the first day of June to the last day of September, and from sun-rise till one o'clock in the afternoon, from the first day of October to the last day of May, and on every Saturday from sun-rise till one hour after sun-set; and it shall be the special duty of the clerk of the Centre Market, to attend at X |