No person or things to be landed. Penalty. When selectmen shall order quaran tine, pilots directed to make captains, &c. it known to on penalty. Red flags to be go on board such vessels. rections of the said selectmen, by false and unfounded declarations of the port or place from whence he came; or shall land, or suffer to be landed from his vessel, any person or persons, or apparel, bedding, goods or merchandize whatsoever, without the permission of the said selectmen, every such master or commander shall, upon conviction thereof in manner and form pointed out in the first section of this Act, forfeit and pay a sum not exceeding five hundred dollars, or suffer imprisonment for a term not exceeding six months, or both, at the discretion of the court having cognizance of such offence. SECT. 3. Be it further enacted, That whenever the said selectmen shall think it necessary to order all vessels which shall or may arrive at any of the sea-port towns aforesaid, from any particular port or ports, to perform quarantine, and shall give notice of such order to the pilots of the said sea-port towns; it shall be the duty of such pilots to make known the said order to the captains or masters of all vessels which they shall board. And if any pilot, after notice given to him as aforesaid, shall neglect to make known the said order, or shall pilot any such vessel up to any town aforesaid, he shall, upon conviction thereof in manner and form pointed out in the first section of this Act, forfeit and pay a fine not exceeding one hundred dollars. SECT. 4. Be it further enacted, That the selectmen of each of the sea-port towns aforesaid, shall provide, at the expense of such towns, a suitable number of red flags, of three yards at least in length; and the master of every vessel ordered to perform quarantine, for the purpose of purification, shall hoist one of said flags on the head of the mainmast, there to be kept during the whole time, so long as said vessel or vessels are performing Persons not to quarantine; and no person during that time shall go on board, except those employed by the said selectmen; and every person who shall transgress by going on board any such vessel, shall be considered as contaminated with infection, and held to undergo purification in the same manner, and under the same regulations and restrictions, as those persons who are performing quarantine on board such vessel or vessels; and shall there remain until discharged by order of said selectmen, who, by any person or persons employed by them, may forcibly detain such person or persons transgressing as aforesaid, for the purpose of purifying as aforesaid. SECT. 5. Be it further enacted, That in every sea-port town aforesaid, where there is a health-committee or a health-officer, legally chosen and appointed in manner as directed by the Act to which this is in addition, and the selectmen of such town shall judge it necessary, and shall certify it under their hands, or the major part of them; such health-committee or health officer are hereby authorized to perform all the duties, to perform se- and exercise all the authority which selectmen are authorized lectmen's duty. and required to execute, in requiring any person or persons, vessel or vessels as aforesaid, to perform quarantine in manner as pointed out in this Act. Health-committee or officer authorized SECT. 6. And be it further enacted, That all the forfeitures arising from this Act, shall accrue to the use of the town where Appropriation the offence shall be committed; and all expenses arising from of forfeitures. any vessel, person or persons, or effects on board the same, per- Expenses from any vessel, &c. forming quarantine as aforesaid, shall be paid by the owner or to be paid by owners of such vessel, or effects on board the same; and in the owner, or case of refusal to pay such expenses, the same may be recov- cargo. ered by an action of debt in the name of the selectmen, healthcommittee, or health-officer, as the case may be, in any court proper to try the same. [Feb. 26, 1800.] AN ACT for the due Regulation of Weights and Measures. Chap. 60. ch. 14. ch. 6. measures esta e.. SECT. 1. BE it enacted by the Senate and House of Represen- 4W. & M. tatives, in General Court assembled, and by the authority of the 12W.III.ch.11. same, That the brass and copper weights and measures, for- 4 Anne ch. 2. merly sent out of England, with a certificate from the exche- 4 & 5 Geo. II. quer, to be approved Winchester measures, according to the 12Geo.II. ch.3. standard in the said exchequer, and adopted, used and allowed 17Geo.II. ch.7. in this Commonwealth, be and remain the public allowed Winchester standards throughout the same; by which all weights and blished as measures shall be tried, proved and sealed, in manner as is standards. herein after provided. And it shall be the duty of the Trea- Treasurer to surer of this Commonwealth, at the expense thereof, to cause procure meato be had and preserved as public standards, and which shall sures, weights, be used only as such, the following beams, weights and mea- Description sures, to wit: one bushel, one half-bushel, one peck, one half- thereof. peck, one ale-quart, one wine-gallon, one wine half-gallon, one wine-quart, one wine-pint, one wine half-pint, and one winegill; said measures to be made of copper or pewter, conformable, as to contents, to said Winchester measures, and as to breadth, that is to say, the diameter of the bushel, not less than eighten inches and a half, containing thirty-two Winchester quarts; of the half-bushel, not less than thirteen inches and three quarters, containing sixteen Winchester quarts; of the peck, not less than ten inches and three quarters, containing eight Winchester quarts; and of the half-peck, not less than nine inches, containing four Winchester quarts; the admeasurement to be made, in each instance, withinside of the measure: Also one ell, one yard, one set of brass weights to four pounds, computed at sixteen ounces to the pound, with fit scales and steel beam: Also a good beam and scales, and a nest of troy-weights, from one hundred and twenty-eight ounces, down 1803 ch. 141. to the least denomination, with the weight of each weight, and the length of each measure marked or stamped thereon respectively, and sealed with a seal to be procured and kept by the treasurer aforesaid; and also one fifty-six pound weight, one twenty-eight pound weight, one fourteen pound weight, and one seven pound weight, made of iron. Treasurers of each county, to procure SECT. 2. Be it further enacted, That it shall be the duty of the treasurer of each county, at the expense thereof, to procure, measures, before the first day of September next,* one complete set of weights, &c. beams, and of the brass, copper, pewter and iron weights, and [* Time exof the measurest aforesaid, well tried, proved and sealed by 1800 ch. 54.] the said state standards, and marked or stamped as aforesaid; [+ The provi tended sion for keeping the bushel measure, by treasurers, repealed1800 ch. 18.] To be resealed every 10 years, by the county treasurer. Penalty in case of neglect. Proviso. Town-treasurers to procure a com plete set of beams, weights for town standards. [*Time extended-1800 ch. 54.] Exceptions. [+Wooden halfbushel, peck & half-peck-1800 ch. 54.] said measures, as to breadth as well as contents, to be conformable to the state standards aforesaid; which the said countytreasurer shall keep and preserve, for the use of the respective counties, and to be used as standards only. And once in ten years afterwards, the respective treasurers, for the time being, of the several counties, shall cause the same to be tried, proved and sealed by the treasurer and standards of the Commonwealth. And if any county-treasurer shall neglect his duty in this behalf, he shall forfeit and pay, for each neglect, the sum of two hundred dollars, to the use of the Commonwealth, to be recovered in an action of debt, in the name of the Commonwealth, in any court proper to try the same, with costs of suit: Provided however, That if any county-treasurer has, within one year next preceding the passing of this Act, provided the several weights and measures herein before specified, and had the same tried and approved by the Treasurer of this Commonwealth, such county-treasurer shall not be holden to have such weights and measures again tried and proved until the expiration of ten years from the first day of September next. SECT. 3. Be it further enacted, That it shall be the duty of the treasurer of each town and district within this Commonwealth, at the expense of such town or district, to proand measures, cure, before the first day of January next,* and ever after to preserve as town and district standards, a complete set of the beams, weights, and copper or pewter measures,† conformable to the state standards as aforesaid; excepting however, the said bushel measure; and excepting also, that no treasurer of any town or district shall be bound to procure a nest of Troy weights other than from the lowest denomination to the size of eight ounces, which it is hereby made his duty to procure; all of which he shall cause to be well tried, proved and sealed as aforesaid, either by the Treasurer of this Commonwealth, or of the county within which such town or district shall be situated, and to have the same tried, proved and sealed as aforesaid, once in every ten years afterwards. And the state or countytreasurer shall be entitled to demand and receive, of each town or district-treasurer, a fee of three cents, for the first sealing of any weight, measure, scale or beam, and two cents for each and every after sealing of the same. And it shall also be the is duty of town and district-treasurers to procure, at the expense thereof, and to preserve a proper town or district seal, for the purposes hereinafter mentioned. And if any town or district-treasurer shall neglect his duty in the premises, he shall, for each neglect, forfeit and pay one hundred dollars, one moiety thereof to the use of the poor of the town or district, and the other moiety to him or them who shall sue for the same, to be recovered in an action of debt, with costs of suit, in any court proper to try the same. Treasurer's fees. Towns to have a seal, which to be provided by their trea surer. Penalty for n cect SECT. 4. Be it further enacted, That after the first day of January next, it shall be the duty of the selectmen of each town and district in this Commonwealth, in the month of March or April annually, to appoint a suitable person to be a sealer of of weights and weights and measures within the same. And it shall also be Selectmen to appoint sealers within their move sealers. be filled. Persons ap the duty of the selectmen in such towns or districts in this Com- measures, monwealth, as shall, at any of their annual meetings in March limits: or April, which shall be holden after the first day of January next, vote to have more than one sealer of weights and measures within their town or district, to appoint suitable persons therefor. And the selectmen of the several towns and dis- And may retricts are hereby authorized to remove from office any person or persons by them appointed as sealers of weights and measures, by virtue of this Act. And it shall be the duty of the selectmen, upon any vacancy which shall happen in the office Vacancies to of sealer of weights and measures, either by death, removal, resignation, refusal to accept, or otherwise, immediately to appoint some other suitable person to fill the place. And each person who shall be appointed to such office shall be notified pointed to of of his appointment, and sworn as other town officers are. And fice, to be notified, &c. if any person so appointed and notified shall refuse or neglect to take such oath, for the term of seven days after he shall have received such notice, he shall forfeit and pay five dol- Penalty for a lars, to be recovered in the manner, and to the uses other sealer's refusing to serve. fines are, for refusing to serve in other town offices. And if any selectman shall not duly execute this law, so far as to him for appertains, he shall forfeit and pay, for each month's neglect, selectmen not the sum of ten dollars, to be recovered in like manner, and to this law. like uses. And the treasurers of such towns and districts as shall, as aforesaid, vote to have more than one sealer of weights and measures within their town or district, shall, at the expense Provision for thereof, procure, and shall preserve the necessary additional seals, weights and measures before specified; so that each sealer. sealer in such town or district may have complete sets of the same, under like penalties and forfeitures as are provided in the third section of this Act. duly executing more than one SECT. 5. Be it further enacted, That it shall be the duty of Sealers to reeach sealer of weights and measures, as soon as appointed ceive standards and sworn, to receive of the town or district-treasurer, the and give receipts. said town or district standards and seal, and to give him a receipt therefor, expressing the contents thereof, and the condition in which the same may be; and in such receipt engag ing, at the expiration of his (the said sealer's) office, to deliver the same, in like order and condition, to the said treasurer or his order; and such sealer shall be accountable to the town or district, for the due preservation of the same, so long as he shall hold them on such receipt. Notifications SECT. 6. Be it further enacted, That it shall be the further duty of the said sealer of weights and measures, in the month to be posted, of May, in the year one thousand eight hundred and one, and &c. in the month of May in every year afterwards, to post up written notifications in the several parts of the town or district, expressing therein the time and place, when and where he will attend such of the inhabitants as live within the limits described in his notification, and seal all such of their great and small beams, weights and measures, as they shall bring in for that purpose. And the said sealer shall be entitled to demand and receive, for trying and proving by said town and Sealers' fees. Sealers to go to houses, &c. [This section repealed, as to ch. 50.] district standards, and sealing, as aforesaid, three cents for each beam, weight and measure found to be not conformable to said standards, and one cent and five milles for each beam, weight and measure found to be conformable thereto. And the said sealer shall deface and destroy all weights and measures which cannot be brought to their just standards. SECT. 7. Be it further enacted, That the said sealer be and he hereby is authorized and required to go to the houses of such innholders, and to the warehouses, stores and shops of such merchants, traders and retailers of spirituous liquors, Boston--1817 and authorized to go the houses of such of the other inhabitants as shall neglect, as aforesaid, to bring or send in the said beams, weights and measures; and there (at their said houses, stores, shops and warehouses) to try, prove and seal the same beams, weights and measures. And the sealer shall Sealers' fees for have a right to demand and receive therefor four cents, for travelling. each and every, mile he shall necessarily travel for that pur pose, going out and returning home, and double his fees aforesaid, of the owner, to be recovered by action of debt, or on the case, with costs, in any court proper to try the same. And if any such person or persons shall refuse or neglect to have his, her or their beams, weights or measures so tried, proved and sealed, he, she or they shall forfeit and pay ten dollars for each offence; one moiety to the use of the poor of the town or district, and the other moiety to the sealer, to be recovered in an action of debt, with costs, as aforesaid. And if any sealer of weights and measures shall neglect his lecting duty. duty in any of the cases in this Act specified, he shall, for each neglect, forfeit and pay not less than five, nor more than ten dollars; one moiety thereof to the poor of the town or district, and the other moiety to the informer, to be recovered by an action of debt, or on the case, with costs, as aforesaid. Penalty for refusing to have weights, &c. sealed. for sealers neg for SECT. 8. Be it further enacted, That all measures by which meal, fruit or any other thing usually sold by heaped measures shall be sold, shall be conformable, as to capacity and breadth, to the public allowed standards aforesaid. And if any person shall sell, or expose to sale, any meal, fruit or other thing, usually sold by heaped measure, by any other measure, as to capacity and breadth, than is before mentioned, or shall sell, or expose to sale, any goods, wares or merchandize, grain or selling by other other commodity whatsoever, by any other beams, weights or measures than those sealed as aforesaid, he shall forfeit and weights, &c. pay, for each offence, not less than one dollar, nor more than ten dollars, according to the circumstances of the case; one Appropriation. moiety thereof to the use of the poor of the town or district, and the other moiety to the said sealer, or to him or them who shall sue for the same, to be recovered in an action of debt or on the case, with costs of suit, in any court proper to try the same. than sealed Act to com SECT. 9. And be it further enacted, That this Act shall mence opera- take effect and be in force from and after the first day of January next, and until such time as the Congress of the United States shall have fixed by law the standard of weights and tion. |