constituted. 7. That a board of Commissioners be, and the Board of Comame is hereby constituted, who shall have under missioners heir government and control all measures of exension used in this city for commercial purposes, all Avoirdupois weights, scales, beams and balances, used for the said purposes, and not under the conrol of the Commissioners of the Markets, as before expressed; and all measures of capacity, used in this city, for measuring wine, spirituous liquors, and all iquids sold in this city by wine measure. And that all the said measures of extension, weight and capacity, and all scales, beams and balances, aforesaid, Power. shall be regulated and adjusted under their direction, agreeably to the standards herein before mentioned and declared; and in conformity with this, and such other ordinances or resolutions as may be hereafter passed by Council. members. 8. That the said board shall consist of seven Commissioners, who shall be elected by Council, on the Number of third Monday in October in every year, or at the next meeting thereafter; and so elected shall serve until the next annual election. That every person elected who shall refuse to serve as a Commissioner, shall forfeit and pay to the use of the city the sum of forty dollars; but no person shall be obliged to serve more than one year in five; or be liable to the said fine, before the expiration of five years from the time of his former election. Forfeit. Number to 9. That a majority of the said Commissioners, or three of them, their Chairman being one, shall form form a quo 1 quorum to transact business; and they may from rum. ime to time, make such rules and regulations as may De required for their government, and the execution of this or other ordinances or resolutions of Council especting the Weights and Measures, which shall be subject to their control: which said rules and regulations, when approved of by Council, shall be bindng on all persons concerned. Commission 10. That the said Commissioners shall, with the pprobation of Council, annually appoint a Clerk; ers to appoint whose salary and the fund from which it is to be paid, a Clerk." Clerk's salary, shall, from time to time, be fixed by Council.* That the said Clerk and City Officers herein after mentioned, shall be the Officer and Officers to enforceand execute, with or under the direction of the CommissiOfficer's to ex-oners aforesaid, this ordinance, and all other ordinances ecute this or- or resolutions of Council, relative to the Weights and Measures, which shall come under the control of the said Commissioners dinance. Duty of the 11. That it shall be the duty of the Clerk of the said Commissioners to attend all meetings of their board; to draw up the minutes and keep a correct journal of their proceedings, and such other book or books as may be required by the said Commissioners; to make out and furnish extracts from their books whenever required so to do by either of the Commissioners, or by Council; and to summon the Board to attend all meetings required by their rules and regulations; and, when ordered by the said Commissioners, seize and destroy all weights, scales, beams, balances and measures, which may be found defective or unlawful. He shall give immediate information to the said Commissioners of all breaches or offences against this ordinance, or their rules and regulations, that may come within his knowledge, and shall proceed thereon agreeably to their directions. He shall attend at the office of the said Commissioners, at such time and hours as may be appointed by them. He shall, agreeably to the rules and regulations of the said Commissioners, collect all monies, fines and forfeitures, keep fair and regular accounts of the same in a book or books to be provided for the purpose, and pay over the same as he may be from time to time directed by the said board, and he shall pursue all instructions and execute all orders of the said board of Commissioners, in and about all matters, relative to this office, and to the inspection, adjustment and regulation of the weights scales and beams, balances and measures aforementioned. 12. That the said Clerk may, with the approbation employ depu- of the said Commissioners, but not otherwise, employ sent of the a deputy or deputies to assist him in the duties of his Commission office: and that he alone shall be answerable for his Present salary, six hundred dollars, fixed by Commissioners. Clerk may ties by con ers. r their salaries, conduct and behaviour; and each nd every of them shall be discharged, whenever it hall be required by the said board. And that each very deputy as aforesaid, shall take an oath, similar o that, which shall be hereinafter prescribed for the Clerk. 13. That the said Clerk, prior to his entering into he duties of his office, shall give bond to twice the mount of his salary, with two or more securities to e approved of by the said Commissioners and by Council; which bond shall be for the diligent and aithful performance of the duties of his office, both by himself, and by his deputy or deputies. Clerk. Oath. 14. That the said Clerk shall be, and he is hereby Power of the ested with all the powers and authorities of a City Constable; and shall, before he enters upon the luties of his office, take the following oath or affirnation, that is to say-" I, A. B. do solemnly swear (or affirm) that I will well and truly serve in the office of Clerk of the Commissioners, for the inspection, adjustment and regulation of Weights and Measures in the City of Charleston, and faithfully execute all the duties belonging to the same, without fear, favour prejudice or partiality, according to the best of my skill and abilities, and agreeably to law-So help me God." 15. That in case the said Clerk shall not perform clerk liable to r shall neglect the duties of his office, the Commis- be discharged. ioners aforesaid shall, and full power is hereby given hem, to discharge him: And in case there shall ppear any default in the money transactions, done nd performed by him; or any defalcation either. s to himself, or his deputy or deputies; the bond iven by the said Clerk and his securities shall be mmediately put in suit, and an action thereon comaenced either against him alone, or against him and is securities, as the said Commissioners shall to be sued in djuge proper to direct. The term of one year Clerk's bond hall always be allowed to the said Commissioners, case of default. o examine into the transactions of any Clerk they nay employ or elect as aforesaid; and that in case no lefault or defaulcation, either as to himself or his debuty or deputies, shall be discovered within one year Office to be es the regulation measures. after the expiration of his Clerkship, the bond given as aforesaid, shall be considered as cancelled and of no force or effect. 16. That the said Board of Commisioners shall tablished for establish an office for the inspection, adjustment and of weights and regulation of Weights and Measures before mentioned and described, and also of scales and balances, at the City Hall, or at such other convenient place as shall be chosen by them and approved of by Coun cil. That the name of the said office, that is to say. "Inspection of Weights and Measures ;" shall be fixed over the door thereof, and the same shall be kept open as a public office, at such time and such hours, as the said Commissioners, by their rules and regulations shall appoint. Standard mea posited in said office. 17. That the standard measures of extension, and sures to be de- wine or liquid measures now belonging to the city, shall be deposited in the office of the said Commissioners, to be subject to their direction; and they may from time to time, with the approbation of Council, and at the expence of the city, procure such other measures as may be required at their office. That the said Commissioners be, and they are hereby empowered to procure at the charge and expence of the city, a complete set of brass weights of the AvoirBrass weights dupois standard, of the same denomination as herein to be procured for said office. before mentioned and declared, and of the same kind as those now used as standards in the markets; which said weights shall be deposited in their office, to be subject to their direction, and shall be considered, and they are hereby declared, the City standards for regulating all weights used for commercial purposes and not used at the markets: And the said Commissioners shall also with the approbation of Council, and at the expence of the city, procure such balances, scales and stamps, as shall be requisite for their office; and every other apparatus that shall be required for the due adjustment and regulations of weights, scales, balances and measures. Office fees fixed by the 18. That the said Commissioners shall, with the approbation of the Council, fix the fees that shall be Commission required at their office, by them or by their Cler, for stamping all yard sticks and other measures of exten ers. ion used for commercial purposes; for regulating and adjusting all weights, scales, beams and balances; and for regulating and stamping all measures used For the same purposes in this city. And the said fees vhen received, are hereby declared to be for the beefit of the city, and a regular account shall be kept of them, and a return and payment thereof made to he City Treasurer at such times as shall be herein after prescribed: Provided however, that all expences for stationary, and other expences incidental to the office of the Commissioners, shall be charged by them to the city, and may be deducted by them from the fees received at their office. be examined 19. That all yard sticks, or other measures of ex- Weights and tension used for commercial purposes in this city, all Measures to liquid measures, and all scales, beams, balances and every three weights used for the same purposes, except such months. scales, beams, balances and weights as are used at the public scale houses on wharves, shall be examined, inspected and regulated, at least once in every three months, and also whenever it may be requir→ ed by resolution of Council, by the said Commissioners, or by their Clerk, agreeably to their rules and regulations; and if required, accompanied by the City Marshal, or one or more of the City Constables, or by both the Marshal and Constables as may be found necessary And all scales, beams, balances and weights used at the public scale houses on the wharves of this city, shall be inspected, examined, and regulated by the said Commissioners, or by their Clerk, and. with the Marshal or Constables as abovementioned and expressed, at least once in every six months, and also whenever it may be required by resolution of Council. must have the 20. That no yard stick, or other measure of exten- Measures of sion shall be used in this city for commercial purpo- extension ses, that is not of, the standard length, and stamped office stamp. at both ends, with the stamp used at the office of the said Commissioners: And every person, who shall use any such measure, not of the standard length and stamped as aforesaid, shall for each and every offence, forfeit a sum not exceeding twenty dollars. Penalty. And it shall be the duty of the said Commissioners Hh |