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cution of their
30. That if any person shall abuse or oppose or otherwise molest the said Commissioners, or their
obstructing of Clerk, or the City Marshal, or the City Constables, or ficers in exeeither or any of them, in or on account of the execu-duty tion of their duty in the enforcement of this ordinance, each and every such person shall for every offence, forfeit and pay to the use of the city, a sum not exceeding one hundred dollars, if the offender be a white person, or 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, to be inflicted at the Work House; but each correction shall not exceed twenty lashes.
31. That all fines, forfeitures, and penalties for Fines, &c to offences, and for every offence against this ordinance, in the Inferior or any part or article thereof, shall on information City Court. being given by the said Commissioners, or either of them, or by their Clerk, or by the City Officer or Officers acting with them, or by their direction, to the City Attorney, to be sued in the name of the City Council of Charleston, and shall be recovered with costs, in the Inferior City Court. And the said fines, forfeitures and penalties, and every part thereof so recovered, shall be received by order of the said Commissioners, or by their Clerk, agreeably to their rules and regulations, but the same are hereby declared to be for the use of the city, to be accounted for by the said Commissioners, as hereinafter directed, and to be afterwards appropriated by Council.
32. That the said Commissioners shall submit their Quarterly aeaccounts to the City Treasurer, and for the inspection counts to be of Council, quarterly; that is to say, on the twenti- the City Treaeth day of November, on the twentieth day of Febru-surer by the ary, on the twentieth day of May, and on the twenti-ers. eth day of August in every year: And that the balance of cash remaining in their hands, at the expiration of each quarter as aforesaid, after paying all the charges and expences, which have been incurred by them, or which are incident to their office, shall be paid over to the City Treasurer, to be appropriated to the general expenditures of the City ; unless Council shall direct the said balance to be carried to the credit of the said Commissioners, or to be otherwise appropriated.
Copy of this
33. That a copy of this ordinance shall be placed and be posted in put up in a conspicuous part of the office of the said Commi sion Commissioners, for general information: And such
part or parts of the Market Ordinance aforesaid, and of all other ordinances, as are repugnant to this ordinance, be and the same and each and every of them are hereby repealed : Provided, that nothing herein contained shall be construed to affect or diminish any power or authority given to the Commissioners of the Markets, or their Clerks, by the aforesaid Market Ordinance, to control the said Markets, and to regulate and adjust the dry measure standards, and the standard weights required for the use and government of the markets.
Commission ers of the Mar
Whereas it would tend to the convenience of the 15th 1815. the inhabitants of this city and all persons concerned,
that all measures used for commercial purposes, should be under the government and control of one Board of Commissioners, acting under the authority of the City Council:
1. Be it ordained, That the Commissioners of the kets to have Markets be, and they are hereby discharged and reno further con- leased, from all government and control, which they weights and heretofore had, and was vested in them by the “Mar
ket ordinance, passed the sixth of May, one thousand eight hundred and seven," and retained to them by the afore mentioned ordinance for regulating Weights and Measures, passed the twenty-second of August last, over the dry measures of capacity, used in this city for commercial purposes.*
2. That the standard for dry measure, that is to say, dry measures the bushel, half bushel, peck, half peck, or gallon, of the Board quart and pint measures, for measuring grain, salt and of Commissi- all other commodities and articles sold in this city by
dry measure, shall be and they are hereby placed under the control and made subject to the regulation and government of the Board of Commissioners, constituted and appointed by the aforementioned ordinance, passed the twenty-second of August last.
* See page 239, adverting to this ordinance.
And the Commissioners for regulating Weights and Measures, are hereby authorized to apply for and receive the said standard measures from the Commissioners of the Markets, and to deposit them when received, in their Office of Inspection. And the Commissioners of the Markets are hereby required to deliver up the said measures, on application being made to them by the aforementioned Commissioners.
3. That all dry measures shall be examined, in- 10 be inspect: spected and regulated, at the same period, and in ed the same manner as all other measures used in the city for commercial purposes : That no dry measure shall be used for commercial purposes, and for measuring grain, salt and other commodities and articles, sold in this city by dry measure, that is not of the legal standard capacity: That each dry measure shall be stamped in such manner as the Commissioners for regulating Weights and Measures shall devise and direct : And that every person who shall use any such measure for commercial purposes, not
Penalty of the standard capacity, and not stamped as aforesaid, shall for each and every such measure found deficient, and for every such offence, forfeit a sum not exceeding twenty dollars. Provided however, that Proviso, the penalty and forfeiture recovered in one action, shall not exceed one hundred dollars. And it shall be the duty of the said Commissioners or their Clerk, or the City Officers who, agreeably to the aforementioned ordinance, 'passed the twenty second of August last, may accompany them, to seize and take away every dry measure found by them or any of them to be deficient. And every measure aforesaid, though stamped as above mentioned, that shall be injured or defaced, so as to alter its capacity, and therefore not capable of giving true measure, shall be deemed and considered as deficient, and therefore forfeited ; and the person or persons who used the same, shall be liable to the penalty and forfeiture aforementioned.
4. That all weights used for commercial purposes Weights to be shall be stamped in every instance where it shall be stamped.
stani d, or nots
1. Be it ordained, That all Avoirdupois weights 17th, 1816. used in this city for commercial purposes shall be made
of iron or brass; that all brass weights shall be stampt,
that all iron weights shall be also stampt when pracBrass weights, ticable; and when any iron weight cannot be stampt Iron also when a certificate of its accuracy shall be given by the practicable.
Clerk of the Commissioners for regulating Weights and Measures, for which certificate, the same fee shall be required and paid before a delivery of said weight from the Office of Inspection, as if the said weight had been actually stampt; and the certificate so given shall be produced at every inspection of weights and measures, ordered by the said Commissioners.
2. That all weights used for commercial purposes, Weights not not made of brass or iron, or not agreeable to stand
d, or ard, and not stampt or certified as above directed, or certified, to shall be considered as false weights, and each and be considered every of them shall be forfeited, seized and taken weights and away in the manner directed by the twenty-third and liable to sei- the twenty-sixth sections of the ordinance for the re
gulation of Weights and Measures, passed on the twenty-second day of August, one thousand eight hundred and fourteen.*
3. That if any person or persons shall obstruct the Penalty for obstructing
Commissioners for regulating Weights and Measures, officers in en or their Clerk, or the City Marshal, or the City Conforcing this
stables, or either or any of them in the enforcement of this ordinance, each and every of the persons so offending, shall be liable to the forfeiture and penalty inflicted and directed by the thirtieth clause, and which shall be recovered in the manner directed by the thirty-first clause of the said ordinance.
* See page 246, and 247. + See page 242
Wells and Pumps. Whereas it has been represented by the Board of Passed, April Fire Masters, that great injury arises to the public, pumps in this city, by the manner in which persons have hitherto filled water casks from the same:
1. Be it ordained, That if any person shall "fill any filling casks cask or other vessel containing more than five gallons, without funnel from any of the said pumps, without using a funnel alty, 4us. and a trough of at least six feet in length, he, she or they, shall forfeit for each and every such offence, a sum not exceeding forty shillings; to be recovered before the Court of Wardens,* for the use and benefit of any person or persons, prosecuting for the same.
Dork-House. 1. Be it ordained, That the government and super
Passed, August intendance of the Work-House in Charleston, shall be committed to five Commissioners, who shall be annually elected by the City Council on the third Five CommisMonday in October, or at the next meeting of Coun-sioners to be cil thereafter, and shall continue in office until the ally, &e. next annual election. And every person so elected, who shall refuse to serve as a Commissioner, shall forfeit and pay, to the use of the city, the sum of forty dollars: Provided, that no person shall be obliged Proviso. to serve inore 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. 2. That the Commissioners of the Work-House, Commission
ers to regulate shall have power and authority, to make from time to the internal time, such rules orders and regulations, for the inter-affairs of the nal government thereof, and for the security and com-de. fort of the persons therein confined, as they or a majority of them may deem proper and expedient, and likewise to direct such temporary repairs of the said Work-House, as to them or a majority of them may appear necessary; Provided however, that none of Proviso, .
* Now Inferior City Court.