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Seller's Sec. 4. And be it further enacted, That when any firremedy
kin or tub shall be found to weigh more than the same against the coop- shall be marked with the aforementioned allowance,
and the seller is obliged to make good the deficiency, he shall be entitled to an action against the cooper, or other person in this State, of whom he purchased such firkin or tub, for his damages; and the conviction of the seller of the butter shall be sufficient evidence against the person of whom he shall have purchased the firkin or tub.
1731, 98, An act regulating the assize of Clapboards and Shingles, 1822.
and the measuring of Boards, Plank, Timber and Scant
ling. Towns to Section 1. Be it enacted by the General Assembly, and by the choose
or authority thereof it is enacted, That in each town within this of boards, State where boards, plank, shingles, clapboards and &c.
scantling are usually imported and brought for sale, there shall be two or more honest persons, who are skilful, an. nually elected by such town, at the time of the choice of their town officers, to be surveyors and measurers of boards, plank, timber, scantling, shingles and clapboards, who shall be sworn or affirmed, as other officers are, to the faithful performance of their office: and all boards, plank, timber and scantling, imported or brought for sale, before their delivery, shall be viewed, surveyed, and measured, by one of the said officers, where he shall have any doubt of the measure; and he shall mark the just contents thereof, making reasonable allowance for the drying and
shrinking, and for rots and wanes; and the seller shall yor's make a due allowance for all splits therein; and the buyer
shall pay the officer six cents per thousand for viewing only, and ten cents per thousand for measuring and marking; and in like proportion for a less quantity than a thousand feet: and no boards, plank, timber, scantling, shingles or clapboards, shall be delivered upon sale, before they have been viewed and surveyed, and also measured, if necessary, and marked anew by one of said surveyors, on penalty of being forfeited, or the value thereof, by the seller or shipper, to the use of the poor of the town where they
are sold or shipped.. Shingles, Sec. 2. And be it further enacted, That all shingles and &c. to be along itede clapboards exposed to sale by quantities in bundles, that
do not hold out the number they are marked for, unless
it appears that some have been drawn or shaken out of the bundles after packing, shall be forfeited to the use of the poor of the town where they are exposed to sale; the charge of searching and telling them being first deducted : and every bundle of shingles and clapboards which, ac- Their size. cording to the sound judgment of the surveyor, will hold out, one with another, four inches and one halfin breadth, shall be accounted merchantable, provided the shingles are eighteen inches in length, and the clapboards not less than four feet and an half long, and the least to be four inches or more in breadth, and one half of an inch or more in thickness; and all that are otherwise to be culled and burnt; and so many more, if need be, until what are left of said bundles will bear four inches and an half, according to the judgment of the surveyor; who shall have for his services, three cents for every thousand surveyed, and three cents for every thousand for telling, to be paid by the buyer, where there is no forfeiture for want of tale, to satisfy the charge ; and for every thousand he culls and binds up again, ten cents per thousand, and proportionably for less quantities, to be paid by the owner and seller of the said shiņgles and clapboards, returning the remainder to the owner, if any there be, after the charge is deducted; any law, custom or usage to the contrary hereof notwithstanding. . i inos ipsen
An act to prevent frauds and abuses in the sale of Hoops. 1798. *98,
Section 1. Be it enacted by the General Assembly, and Assize by the authority thereof it is enacted, That all hoops made or brought into any town in this State, and offered for sale as hogshead hoops, shall be at least, one half thereof, eleven feet and an half in length; and the other half not less than ten feet in length; and that all those offered for barrel hoops shall hold out, one with another, at least seven feet and an half in length; and that they be of such size and substance as shall be sufficient for locking at the small end, and be otherwise suitable for immediate working.
Sec. 2. And be it further enacted, That each town in Viewers this State where hoops are usually sold or exported, shall closen. annually choose two or more honest men of good judgment, as viewers of hoops, who shall be under oath for the faithful performance of their trust, and whose business and duty it shall be to view and examine all hoops
that may be offered for sale in or exported from this State ; and whenever they shall view and find any hoops so offered for sale, or to be exported, fall short in the length
aforesaid, or not of such size and substance as by this Hoops to act is required, they shall be condemned and sold at auced in case. tion, by the officer who shall view the same, within twen
ty-four hours after giving notice to the owner or owners thereof; and one quarter part of the money arising from the sale shall be applied to and for the use of the town where they shall be sold, and the remainder, after paying thereout unto the viewer of such hoops his fees, shall be
returned to the owner or owners. How many Sec. 3. And be it further enacted, That all hoops shall be in a bun. put up in bundles to contain twenty-five each, and that dle; and to be sold said hoops be sold by neat hundreds; and that when the
officer viewing shall find any fraud in the bundles, by hundred.
their not containing the full number they were offered for, every such bundle shall be condemned as forfeited, to be sold by the viewer in manner aforesaid ; and that the money, after paying the viewer his fees, shall be by him lodged in the town treasury of the town, where they
are sold, for the use of the poor of such town. Penalty Sec. 4. And be it further enacted, That if any person shall for ship
ops ship for exportation any hoops, but such as have been dunot sur. ly surveyed and allowed to be merchantable agreeably
" to the true intent and meaning of this act, he shall pay as
a fine three dollars and thirty-three cents for every thousand so shipped, to be recovered by such officer appointed as aforesaid, by prosecution against the offender, before any justice of the peace, in the town where the offence shall be committed, for the use of the poor of the
town. Viewers Sec. 5. And be it further enacted, That the persons ap'fees.
pointed as viewers of hoops shall receive at and after the rate of twenty-five cents for every thousand they shall view and examine; and if the hoops shall be adjudged good and merchantable, the buyer shall pay the same.
1784. An act ascertaining the weight of a bushel of Indian and Rye
Meal. Weight of Be it enacted by the General Assembly, and by the auof meal.
1 thority thereof it is enacted, That in the sale of indian meal
by weight, the same shall be estimated at and after
the rate of fifty-four pounds weight to the bushel ; and rye meal shall be estimated after the rate of fifty pounds weight to the bushel; and if any person shall sell a less number of pounds of indian or rye meal for a bushel, he or she shall forfeit seventeen cents for every pound weight that is deficient of the aforesaid weight, to be recovered upon complaint thereof, before any justice or warden within this State ; the one half thereof to and for the use of the poor of the town in which the same shall be sold, and the other half to the informer or complainant.
An act regulating the weight of Onions sold by the rope or 1785 '98.
bunch. Section 1. Be it enacted by the General Assembly, and by Weight of the authority thereof it is enacted, That each and every rope a or bunch of onions which shall be offered for sale in this State shall weigh three pounds: that every rope or bunch of onions which shall be offered for sale weighing less than three pounds, shall be forfeited to and for the use of the person who will give information thereof, before any justice of the peace or warden, who is hereby authorized to receive such information, and thereupon cause all such ropes or bunches of onions to be immediately seized, and on such information being duly proved, to cause the same to be declared forfeit as aforesaid.
Sec. 2. And be it further enacted, That every person who Penalty shall offer for sale any bunch or rope of onions short of for selling
under the weight hereby prescribed, shall also forfeit the sum weight. of twenty dollars, to be recovered by information or action before any one justice of the peace or warden.
An act establishing Pounds.
w Towns to Be it enacted by the General Assembly, and by the authority thereof it is enacted, That each town in this State maintain shall erect and maintain, at their own charge, one or pou more public pounds, for the impounding of horses, mules, neat cattle, sheep, goats, hogs and asses, for securing such animals agreeably to law, in some convenient place in such town, on the penalty of forfeiting the sum of thirty dollars for such neglect, to and for the use of the State, by every town which shall neglect the same.
1745 '98 An act for Impounding Cattle, Sheep, Horses and Hogs, and 1805 *22. for recovering Damages that shall be done by them. Cattle, &c. Section 1. Be it enacted by the General Assembly, and
ge by the authority thereof it is enacted, That if any cattle, sheep, may be horses or hogs, shall break through a lawful fence, into impound
- the grounds of any person, the person aggrieved shall have Or owner the liberty either to recover his damages by an action may have against the owner or owners thereof, or to impound the
said cattle, horses, sheep or hogs, in the public town
pound, until the damage and charge of impounding be Damages paid by the owner or owners : and the party aggrieved, in to be appraised.
order to entitle him to recover damages, either by action or impounding, shall, within four days after such creatures break into his ground, get two freeholders of the town wherein the trespass is committed, to appraise the damage, and give the same under their hands, and lodge the
same with the pound-keeper. Cattle Sec. 2. And be it further enacted, That in case the owner may be sold un.
or owners of such cattle, sheep, horses or hogs, impoundless, &c. ed as aforesaid, shall not, within ten days after the im
pounding thereof, pay and satisfy the damages appraised as aforesaid, and the charge of impounding and feeding said creatures, or replevy the same, in manner as is hereafter in this act directed, that then so many of said creatures shall be sold, by public auction, by the pound-keeper, as will pay and satisfy the damages and charges as aforesaid: and the pound-keeper shall be allowed the same fees for such sale as are stated for the auctioneers in this State; and the overplus, if any there be, shall be paid to the
owner or owners of such creatures. Duty and Sec. 3. And be it further enacted, That the pound-keeper fees of
shall feed such cattle, horses, sheep and hogs, so impoundkeeper. ed, at the charge of the owner or owners thereof, and shall
also be allowed, as his fee for impounding, for each neat beast, or horse, four cents, and for each hog or sheep, two cents, which shall be paid him before said creatures
are released from the pound Method of Sec. 4. And be it further enacted, That in case the owner replevying.
or owners of such cattle, horses, sheep or hogs, shall see cause, they may replevy the same, giving sufficient bond to the justice or warden who shall grant such writ of replevin, in double the damages appraised, to prosecute the same with effect, if the damages exceed not the sum of twenty dollars, before two or more justices or wardens of