What weights, measures, 1847, 242, §§ 1, 2. Resolves, 1847, 55. 12 Gray 14 3 SECTION 1. The weights, measures, and balances, received from the and United States and now in the treasury of the commonwealth, to wit, one half bushel, one wine gallon, one wine quart, one wine pint, one wine half pint, one yard measure; a set of avoirdupois weights consisting of fifty, twenty-five, twenty, ten, five, four, three, two, and one pounds, and from eight ounces down to one drachm; one set of troy weights, from five thousand pennyweights down to half a grain, and from one pound down to the ten-thousandth part of an ounce; and three sets of balances: also the measures caused to be made by the treasurer and now in the treasury, to wit, one of eight quarts, one of four quarts, one of two quarts, and one of one quart, dry measure, shall be, remain, and be used, as the sole authorized public standards of weights and measures. To be replaced ry, and marked, SECT. 2. Such weights, measures, and balances, as may be procured when necessa- from time to time to replace those before mentioned, shall be preserved in the same form and of the same dimensions, the denominations of the weights and measures being marked and stamped thereon respectively, and they shall be sealed with the seal which is kept for that purpose by Treasurer to nish duplicates to deputy; dep. cates as stan- R. S. 30, § 4. to furnish 1848, 332, § 2. Resolves, 1847, 55. County, city, and town treas R. S. 30, § 5. 1818, 332, §§ 2, the treasurer. SECT. 3. The treasurer shall keep the authorized public standard weights, measures, and balances, in the treasury, in his care and custody. He shall furnish duplicates thereof to a deputy appointed by him, who shall be sworn and give bond for the faithful discharge of the duties of his office. The duplicates shall be kept by the deputy and used by him for sealing weights, measures, and balances, in like manner as the stan dards kept in the treasury may be used by the treasurer. SECT. 4. The treasurer shall furnish to each town hereafter incorporated, at a cost not exceeding one hundred and fifty dollars, a complete set of standard weights, measures, and balances, such as have been furnished to other towns, made to conform as near as practicable to the models caused to be made by the treasurer as town standards. The expense of transportation shall be defrayed by the town. SECT. 5. The several county, city, and town treasurers shall, at the expense of their respective counties, cities, and towns, provide therein, places for the safe and suitable keeping and preservation of the weights, measures, and balances, furnished by the commonwealth, which 3. shall be used only as standards. They shall have the care and oversight thereof; shall see that they are kept in good order and repair; and if any portion of them are lost, destroyed, or irreparably damaged, shall at the expense of the county, city, or town, replace the same by similar weights, measures, or balances. treasurers for SECT. 6. Each treasurer who neglects to provide a suitable place for Penalty on keeping such weights, measures, and balances, or to keep them in good neglect. order and repair, or who suffers any of them through his neglect to be 1847, 332, § 4. lost, damaged, or destroyed, shall forfeit two hundred dollars to be recovered by indictment. have stan SECT. 7. Each treasurer shall once at least in every ten years have Treasurers to the standards in his custody, tried, adjusted, and sealed by the treasurer dards proved. of the commonwealth or his deputy; the expense whereof shall be paid Penalty. by the respective counties, cities, and towns. Every treasurer who 1818, 332, § 5. neglects to have the standards under his charge so sealed, shall forfeit a sum not exceeding fifty dollars. 1847, 242, § 7. er to have set SECT. 8. When a city or town votes to have more than one sealer of Each town sealweights and measures, the treasurer shall, at the expense thereof, pro- of standards. cure and preserve the necessary additional seals, weights, and measures, R. S. 30, § 14. before specified; so that each sealer may have a complete set of the same. countable to SECT. 9. Every sealer of weights and measures shall receive of the Sealers actreasurer a set of the standards and seal, and shall give him a receipt towns for prestherefor, expressing the condition in which the same are; and he shall ervation of be accountable to the city or town for the due preservation of the same R. S. 30, § 15. in the like condition, until he redelivers them to the treasurer. standards. ers, to have Form of. SECT. 10. The treasurer of the commonwealth and his deputy, the Treasurers,depcounty treasurers, and the city and town sealers, shall each keep a seal uties, and sealfor their several uses. The seals of the treasurer and of his deputy shall seal. be the letters C. M., those of county treasurers shall be the initial R. S. 30, §§ 3, 4, and final letters of their respective counties, followed by the letters 5,8. Co.; those of city and town sealers, the name of their respective cities Sec§ 13. or towns, or such intelligible abbreviation thereof as the mayor and aldermen or selectmen may prescribe. 1847, 242, § 3. &c., to have proved. R. S. 30, § 16. 1847, 242, § 5. See § 13. SECT. 11. Every sealer of weights and measures shall annually in Sealers to noti May advertise in some newspaper, or post up notifications in different fy inhabitants, parts of the city or town, for every inhabitant who uses weights and weights, &c., measures for the purpose of buying and selling, and for public weighers who have the same, to bring in their measures, weights, balances, scales, and beams, to be adjusted and sealed; and he shall forthwith adjust and seal all weights and measures brought to him for that purpose. SECT. 12. The sealers of each city and town shall go annually to every hay scale or platform balance which cannot be readily removed, and try, adjust, and seal, the same. No sealer, except for the of this section, shall carry his standards of weights, measures, or scales, from one place to another, for the purpose of adjusting others. SECT. 13. For every neglect of any duty prescribed in the three Penalty for negpreceding sections, the sealer shall forfeit a sum not exceeding twenty R. S. 30, § 21. dollars. purposes to visit and prove hay scale, &c. not to remove standards, &c. 1847, 242, § 6. See § 13. lect. SECT. 14. Each sealer of weights and measures, including the deputy Fees of sealers. of the treasurer and county treasurers, shall receive a fee of three cents 1847, 242, §§ 4, 6. for every weight, measure, scale, beam, or balance, by him sealed, except platform balances. For sealing each platform balance weighing five thousand pounds and upwards, the sealer shall receive one dollar, and for each platform balance weighing less, fifty cents. Every sealer shall also have a reasonable compensation for all repairs, alterations, and adjustments, which it is necessary for him to make. SECT. 15. The vibrating steelyards which have been heretofore Vibrating steelyards allowed allowed and used in this state, may continue to be used: provided, to be used, if that each beam and the poises thereof shall be annually tried, proved, sealed. and sealed, by a sealer of weights and measures, like other beams and weights. R. S. 30, § 22. SECT. 16. Whoever sells by any other weights, measures, scales, Penalty for using unsealed weights, &c. 1847, 242, §§ 5, 6. 1851, 68. "Hundred construed the net hundred. R. S. 30, § 25. Rules for weighing. beams, or balances, than those which have been sealed as before provided, shall forfeit a sum not exceeding twenty dollars for each offence; and when by the custom of trade they are provided by the buyer, if he purchases by any other weights, measures, scales, beams, or balances, he shall be subject to a like penalty, to be recovered by an action of tort to the use of the complainant. SECT. 17. When commodities are sold by the hundred weight, it weight" to be shall be understood to mean the net weight of all packages from one to one hundred pounds avoirdupois; and all contracts concerning goods sold by weight shall be understood and construed accordingly. SECT. 18. Every public weigher of goods or commodities shall Weigh the same according to the provisions of the preceding section, and make his certificate accordingly; and for each refusal or neglect he shall forfeit a sum not exceeding ten dollars. Every weigher of goods appointed by a city or town, and every weigher for hire or reward, shall be deemed and taken to be a public weigher within the provisions of this section. Penalty for violation. Who to be deemed pub lic weighers. R. S. 30, §§ 26, 27. Provisions re specting measures for salt and grain. R. S. 30, § 23. 180. SECT. 19. In every city and town in which section twenty-three of chapter thirty of the Revised Statutes has been adopted according to the provisions thereof, or in which the provisions of this section shall See Ch. 44,$$ 63, be accepted by the city council of the city, or by the inhabitants of the town at a legal meeting, every measure by which salt or grain is sold, in addition to being conformable in capacity and diameter to the public standards, shall have a bar of iron across the middle thereof at the top, to be approved by a sealer of weights and measures, and a bar or standard of iron from the centre of the first mentioned bar to the centre of the bottom of the measure, to be approved in like manner; and every such measure shall be filled by shovelling such salt or grain into the same, and the striking thereof shall always be lengthwise of the first described bar. And whoever sells or exposes to sale any salt or grain in any other measure, or fills or strikes such measure in any other manner than is provided in this section, shall forfeit fifty cents for every bushel of salt or grain so measured, filled, or stricken: provided, that salt may be measured from vessels in such measures as are used by the government of the United States, and that nothing contained in this section shall prevent the measuring of salt in tubs, or any proportional parts of hogsheads, without bars, as may be determined by any city or town. pointment, ten ure of office, and removal of. 1855, 421, § 1. SECTION 1. There shall be appointed by the governor with the Commissioners advice and consent of the council, three persons to be commissioners of pilots. Apof pilots, who shall hold their offices for the term of three years unless sooner removed by the governor and council. The commissioners now in office shall, unless so removed, hold their offices according to the tenor of their respective commissions. When a vacancy occurs, a new appointment shall be made for the full term. SECT. 2. The commissioners shall grant commissions as pilots in to grant comand for the several ports or harbors, to such number of competent and missions a trustworthy persons as they may deem necessary; and general commissions as bay pilots, to all port pilots who may on examination competent to serve as such, for any two or more ports within the state. They may also grant to not more than ten persons who are not port pilots, and who upon examination prove competent for the service, general commissions as bay pilots, with authority to pilot vessels into the ports with which they are familiar. prove port and bay pilots. 1855, 421, § 2. SECT. 3. General or bay pilots may take charge of vessels boarded Duties, &c., of by them outside of the lines established as the limits of the peculiar bay pilots. pilotage ground of the several ports, and pilot such vessels into their 1855, 421, § 2. port of destination, if included within their commission; and no other pilot subsequently boarding such vessel shall have the right to interfere or claim any part of the pilotage fees therefor. If the port of destination of such vessel is not included within the commission of the pilot first boarding her, any pilot subsequently boarding her, and within whose commission her port of destination is included, may take charge of such vessel, and carry her into port, and in such case the pilotage fees shall be divided between the two pilots pro rata, according to the distances passed under the charge of each, to be adjusted in case of dispute by the decision of the commissioners or either of them; but the pilot first boarding the vessel shall receive not less than five dollars. each other's 1855, 421, § 2. SECT. 4. No pilot shall interfere with the regular port pilots within Pilots not to inthe lines established as the limits of the peculiar pilotage ground of any terfere upon port, by boarding a vessel within said lines, if a pilot of said port is at limits. the time out in the waters of said port, and in sight. But if no pilot 5 Met. 412. of the port is so out and in sight, a general or bay pilot commissioned 1 Gray, 257. for the port may take charge of any vessel within said lines, pilot her into port, and receive the usual fees therefor. If in such case the vessel is subsequently boarded by a regular pilot of the port, the general pilot first boarding her shall receive pro rata pilotage, not less in amount than five dollars, as provided in the preceding section. within limits, &c., to take SECT. 5. Every pilot shall, within the limits of his commission, and according to the provisions of the two preceding sections, take charge charge of all vesels except, R. S. 32, §§ 7, 12. &c. 1841, 45, § 1. 1847, 279, § 4. Vessels inward bound, except &c., to pay fees R. S. 32, §§ 7, 12. 1841, 45, § 1. 1847, 279, § 4. Lien for fees. to give bond. 1855, 421, § 3. Surety on bond, Persons without com mit pont not to exercise duties. 1857, 221, § 4. 5 Met. 412. Commissioners to keep an of fice, register of all vessels, except fishing vessels other than whaling vessels, singledecked vessels of not more than three hundred and fifty tons sailing under a coasting license, vessels sailing from one port in the state to another, and not in completion of a voyage from a place out of the state, and passenger steam vessels regulated by United States laws, and carrying a United States pilot. SECT. 6. Every vessel inward bound, other than those included in the exception in the preceding section, and excepting also vessels of not more than two hundred tons and those drawing less than seven feet of water, shall pay to the first pilot offering his services and commissioned for her port of destination, the regular pilotage fee. But vessels of not more than two hundred tons, not taking a pilot, shall pay only half pilotage fees, and those drawing less than seven feet of water and not taking a pilot, shall be wholly exempt therefrom. SECT. 7. Every pilot shall have a lien for his pilotage fees, for the space of sixty days, upon the hull and appurtenances of any vessel liable to him therefor. SECT. 8. No person shall receive a commission or exercise the office of a pilot, until he has given to the treasurer of the commonwealth a bond with sureties satisfactory to the commissioners, in the penal sum of one thousand dollars, for the faithful performance of all the duties required by law of a pilot. SECT. 9. A surety on a pilot's bond may, at the end of any year, terminate his liability thereon for the future acts of the pilot, by giving to the treasurer and the commissioners at least thirty days' notice of his determination; and the commissioners shall thereupon immediately notify the pilot, and require him to procure a new surety, under penalty of forfeiting his commission at the end of the year. And if at any time a pilot's bond appears to the commissioners insufficient, they may require him, under a like penalty, to furnish a new bond. SECT. 10. Whoever, not holding a commission as a pilot, (except persons employed on board of the vessel for the voyage,) exercises the duties of a pilot on board of any vessel within the waters of this state, when a commissioned pilot offers his services, or can be obtained at a reasonable time, shall forfeit not less than twenty and not, more than fifty dollars, whether the vessel is liable to compulsory pilotage or not. SECT. 11. The commissioners of pilots shall keep an office open at all times to receive, consider, and register in a book kept for the purcomplaints, &c. pose, complaints by and against pilots, and shall examine the evidence concerning the same. If a pilot is guilty of an act whereby the condition of his bond is broken, the commissioners shall make complaint thereof to the treasurer, who shall cause a suit to be forthwith commenced and security to be taken for the benefit of all persons who have suffered by the misconduct or negligence of such pilot, and like proceedings shall be had as in suits on sheriff's bonds. 1855, 421, § 4. Pilots to render alty. SECT. 12. Each pilot shall once in every three months render to the accounts. Pen- commissioners an account of all vessels piloted and of all money 1855, 421, §5. received by him, or by any person for him, for pilotage, and pay to the commissioners six per cent. on the amount thereof, which shall be in full for their official services, and for the expenses of the office; and pilots may add six per cent. to the rates established by law at the time when they perform the service of piloting any vessel, and collect the same in like manner as they are authorized to collect the pilotage fees. If a pilot makes a false return of moneys so received, he shall forfeit a sum not exceeding fifty dollars. SECT. 13. The commissioners may from time to time make rules and regulations concerning pilots and pilotage, establishing the port and harbor lines of the several ports and harbors, and the limits within which vessels shall be exempt from compulsory pilotage, and fixing the rates |