Gambar halaman
PDF
ePub
[ocr errors]

Wine and

other measures to be stamped.

Penalty.

Weights to be agreeable to the Avoirdu

or their Clerk, or the City Officers who may accompany them, to destroy every such measure found by them or either of them, to be deficient: And every such measure, though stamped as aforesaid, that shall be rounded or cut after stamping, at either end, or bent or twisted, so as not to give true measure, shall be considered as deficient, and therefore forfeited; and the person who shall have used the same, shall be liable to the penalty and forfeiture aforementioned.

21. That no measure shall be used in this city for commercial purposes, and for measuring wine, spirituous liquors, or any liquid sold by wine measure, that is not of the standard capacity aforementioned and declared: And each and every such measure shall be stamped at the upper edge and at the bottom, with the stamp used at the office of the said Commissioners: And every person who shall use any such measure for commercial purposes, not 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 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 that may accompany them, to seize and take away every such measure found by them or or any of them, to be deficient: And every measure aforesaid, though stamped as abovementioned, that shall be found dented, flattened or so defaced, 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 forfeitnre aforementioned.

22. That no weights shall be used in this city for commercial purposes, that are not agreeable to the pois standard. Avoirdupois standard, and made of brass or iron, as herein before mentioned and declared: That whenever any weight or weights shall be presented to the said Commissioners, or brought to their office, to be examined and adjusted, the said Commissioners or

heir Clerk, agreeably to the rules and regulations of heir board, shall determine as to the practibility of he adjustment required; and should the weight or weights be found so defective as to be incapable of adjustment, in the manner prescribed by their rules and regulations, the same shall be deemed and considered as a forfeited weight or weights, and shall be retained at the said office; but the person or persous who presented the same, shall be subject to no penalty: And should the weight or weights presented as aforesaid, be found not agreeable to standard, but capable of adjustment, the said Commissioners or their Clerk, shall direct and cause the same to be adjusted, in the manner prescribed by their rules and regulations; and the stamp of the office shall be put on the metal used for filling up and supplying the deficiency: The said weight or weights shall then be delivered to the person or persons who shall have presented them for examination, on payment being made of the fees required at the office, and of all charges and expences incurred; and the person or persons aforesaid, shall be subject to no penalty.

Measures of

used.

23. That no weight or weights shall be used in this Weights and city for commercial purposes, that is, or are not of the the lawful denomination and standard herein before expressed standard to be and declared: And every person who shall use for commercial purposes any weight or weights, which is or are not agreeable to the said standard, shall for each and every weight found deficient, and for every offence, forfeit a sum not exceeding twenty dollars: Penalty. Provided however, that 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 that may accompany them, to seize and take away every such weight or weights found by them or any of them, to be not according to standard, or not made of brass or iron; and the same shall be considered as forfeited, and the person or persons who used the same, shall be liable to the penalty and forfeiture aforementioned. 24. That whenever any measure, either of extension or capacity, shall be presented to the said Commissioners, or brought to their office to be examined

Measures of

and stamped, the said Commissioners or their Clerk, unlawful stan- agreeably to the rules and regulations of their board, dard not to be shall compare the same with the office standard ; and stamped but forfeited. should the measure be correct, the same shall be

Scales or bal

constructed as

equipoise.

stamped: But should the measure be found below the standard, the same shall be considered as a false measure and therefore forfeited, and shall be retained. at the said office, unless sufficient assurance can be given, that the said measure shall not be used for commercial purposes; and of that assurance, the officer' examining the measure shall be the judge. And whenever the said Commissioners or their Clerk, or the officers aforesaid, who may attend them on their duty, shall discover any dry measures of any capacity, which appear to be under the market standard, the same shall be immediately reported to the Commissioners or Clerk of the Markets.

25. That no scale or balance used for commercial ances so to be purposes, shall be deemed or considered just and to have just lawful, whose lever or beam is not so constructed as to be exactly suspended in the middle, or that each end thereof shall be equidistant from a common centre; and being so equidistant and suspended, shall admit the weight or weights and the article weighed to be shifted from one scale to the other. That every set of scales or balances, or beams, that shall or will not admit of the above test, shall be deemed and considered false, and therefore forfeited, and shall be seized by the said Commissioners, or by their Clerk, or by the City Officer or officers accompanying them, or either of them; and the person or persons who used or shall use the same for commercial purposes, shall be prosecuted; and for each and every offence, shall forfeit a sum not less than twenty dollars: Provided however, that no person shall be liable to any penalty, who shall bring a set of scales, or balances or beams, to be examined at the office of the Commissioners, and which shall prove incorrect and false; but the same shall nevertheless be forfeited and be retained at the said office.

Penalty.

26. That in all cases, where any weight or measure, contrary to standard and this ordinance, or any false scales, beams or balances, shall be found in the

[ocr errors]

possession of

seized.

thereof.

possession of any slave, who shall be using the same, False meawhen selling or measuring or weighing any article sures or or commodity exposed or offered for sale, the said weights in weights, scales, beams, balances, or measure, shall slaves to be be seized: the owner or person having the control of said slave shall be informed thereof, and the said slave shall be committed to the Work House, by the owners to be said Commissioners, or Clerk, or either of them informed there to receive a correction not exceeding twenty lashes, unless the said owner or the person having Penalty. the control of the said slave, shall pay to the said Commissioners or Clerk, the sum of ten dollars: Provided however, that should satisfactory proof be Proviso. offered, or information be given to the said Commissioners, or it be discovered by them, that the said slave was acting agreeably to the orders of his or her owner, or person having the charge of him or her ; that then and in that case, the said owner or person having the control of the said slave, shall be considered as having transgressed in the premises, and shall be subject to all the penalties and forfeitures expressed in this ordinance, and shall be prosecuted accordingly.

Weighers to

27. That before any person shall undertake, to weigh and to transact the business of a weigher upon make oath. any wharf or at any other place within the city, where there are public scales, he shall take the following oath or affirmation, before one or more of the aforementioned Commissioners, to wit:-"I, A. B. do "solemnly swear (or affirm) that while the public "scales at the wharf or place, at present known by 66 the name of shall be under my charge, I will "from time to time, and at all times, adjust and regulate. by the city standard, according to law, the "said scales and all the weights in use upon the wharf, or at the place aforesaid; and that I will "always do impartial justice between buyer and seller, in the weighing of produce and any other commodity upon the said wharf or place, while the "same shall be under my care and management--"So help me God." And the Commissioner or Commissioners, before whom such an oath or affirmation is taken, shall thereupon give to such person a

[ocr errors]

66

[ocr errors]
[ocr errors]
[ocr errors]

Penalty,

Proviso.

Hay or fodder

this ordinance.

certificate thereof. And every person, who shall weigh at any wharf or other place, where there are public scales, without having previously taken the oath or affirmation as required as aforesaid, shall forfeit and pay to the use of the city, the sum of fifty dollars: Provided however, that nothing herein contained, shall extend or be construed to extend, to oblige any person, who hath already been sworn to the effect and for the purposes aforesaid, to take again such oath or affirmation.

28. That hay and other sorts of fodder, offered for to be weighed sale within this city, shall be weighed as heretofore, as directed in and as directed in and by the aforementioned ordinance for regulating the markets. That no steelyards shall be permitted to be used, for weighing any article or commodity exposed or offered for sale in Steelyards not this city. And should any person use or attempt to use any steelyard for the purpose aforesaid, it shall be the duty of the said Commissioners, or their Clerk, or the City Officers who may accompany them, to seize the same as forfeited, and the persons offending shall in every case be subject to a fine not exceeding twenty dollars.

to be used.

Penalty.

Marshal and
Constables

to assist the

ing this ordi

nance.

29. That the City Marshal, and the City Constables appointed for the different wards of this City, be proper officers and they are hereby declared the proper officer or Commission- officers, to aid and assist the said Commissioners and ers in execut their Clerk, in the execution of their duty in the enforcement of this ordinance: And the said Commissioners are hereby empowered to call the said officers to their assistance, whenever in the opinion of the board, there is a necessity for so doing; and in case the City Marshal shall neglect to obey the order of the said board when extended to him by their Clerk, he shall be considered as having neglected his duty, and his conduct shall be reported to Council. And in case any City Constable shall neglect to obey the order of the said board when extended by their Clerk, he shall be considered as fined for ne- having neglected his duty, and he shall be liable to a glect of duty. fine or penalty not exceeding ten dollars, for each and every neglect; the same to be recovered and appropriated as hereinafter mentioned.

Marshal's neglect reported to Council

Constables

« SebelumnyaLanjutkan »