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inches and three quarters wide; the peck not less than ten inches and three quarters wide ; and the half peck not less than nine inches wide. And if any person at any time from and after the first day of September next, shall sell, expose to sale, or offer any meal, fruit, or other things usually sold by heap, by any other measure than is aforementioned, as to bigness and breadth, such person, being complained of, and convicted before any justice of the peace within the county of so doing, shall forfeit and pay to the use of the poor of the town where the offence is committed, the full value of the meal, fruit, or other things so sold, or offered to sale, with costs.
Sec. 6. And be it further enacted, That the sealer of weights and measures appointed in each town within this state, from time to time, shall be, and hereby is, empowered to go to the houses of such of the inhabitants, having been duly notified as aforesaid, who shall neglect to bring or send in their scale beams, steelyards, weights, and measures, to be proved and sealed at the place assigned for that purpose, and shall there prove and seal the same, and shall receive of the owner for every scale beam, steelyard, weight, and measure, proved and sealed, twenty cents and no more ; and every person that shall refuse to have their scale beams, steelyards, weights, and measures, viewed, proved, and sealed, shall forfeit the sum of ten dollars, one moiety thereof to the use of the poor of the town, and the other moiety to the sealer; and if any person shall bring his scale-beams, steelyards, weights, or measures, to be proved and sealed, at any other time than on the day or days set by the sealer of weights and measures for that purpose, he shall, in like manner, pay three-cents for every scale-beam, steelyard, weight, or measure, that shall be tried and sealed, and one ent and a half for such as do not need sealing.
SEC. 7. And be it further enacted, That if any person, from and after the first day of September next, shall sell, vend, or utter, any goods, wares, merchandises, grain, or other commodities whatsoever, by other scale-beams, steelyards, weights, or measures, than such as shall be proved and sealed as this act requires, in any town where provision is made, and notification given agreeably to this act, or shall fraudulently so sell, utter, or vend, any goods, wares, mer. chandises, grain, or other commodities, by any scale-beams, steel. yards, weights, or measures, that may be so sealed, that shall prove unjust, the person so offending shall forfeit a sum not less than one dollar, nor more than ten dollars, with costs, for each offence; one moiety thereof to the use of the poor of the town where the offence shall be committed, the other moiety to the informer who shall prosecute the same.
Sec. 8. And be it further enacted, That all scale-beams, steelyards, weights, and measures, kept for standards in the several towns, shall be proved and tried by the public county standards at the end of every five years from time to time.
Sec. 9. And be it further enacted, That if the selectmen of any town in this state neglect to comply with their duty in procuring weights and measures, and a scale-beam, as by this act is required,
they shall forfeit the sum of one hundred dollars, to be recovered, one half for the use of the county in which the neglect shall happen, and the other half for the use of the person who shall sue for the same.
SEC. 10. And be it further enacted, That when any sealer of weights and measures, that may be duly appointed in any town where a scale-beam, weights, and measures, are provided according to this act, shall neglect to notify the inhabitants as aforesaid, shall forfeit the sum of fifty dollars, and for neglecting the duties of his office in any other respect, from one to twenty dollars ; one half for the prosecutor, the other half for the use of the town where such ncglect shall happen. And all penalties and compensations mentioned in this act, may be sued for and recovered by action, bill, plaint, or information, in any court proper to try the same.
Sec. 11. And be it further enacted, That the sealer of weights and measures for each county may make use of such seal as he may think proper, provided a description thereof, in writing, be lodged in the secretary's office before it be made use of, and that the sealer of weights and measures chosen by each town, respectively, shall use such seal as the town may agree on, a record of which being previously made in the town records.
Provided, That this act shall remain in force till superseded by an act of the general government. *
Approved, December 15, 1797.
in seco. 1. for each
Governor of New Hampshire to thc Secretary of State.
Epping, January 4, 1819. SIR: I regret that circumstances beyond my control have prevented me till this time from returning an answer to that part of your letter of November 4, 1818, requesting a statement of the scale beams, weights, and measures, owned by this state, and where, and in whose custody, they are kept.
The state owns, of dry measures, a bushel, a half bushel, and other measures of that kind, down to the smallest denomination. These measures are of copper, the bushel weighing about 100 lbs. and the others in proportion.
Of liquid measures there are a gallon, and half gallon; these are of block tin.
The weights are a 56 lb. 28 lb. and 14 lb. and two or three of a smaller denomination; these also are of copper.
The measures and weights are at Portsmouth, in the office of Robert Neal, Jr. Esq. commissary general of this state.
* The operation of this act was postponed by four several acts till 10th December, 1801.
As to scale beams and steelyards, I can find none owned by this state. I have the honor to be, &c.
WILLIAM PLUMER. Hon. JOHN QUINCY ADAMS,
Secretary of State U. 8. Washington.
STATE OF VERMONT, EXECUTIVE DEPARTMENT,
Shaftsbury, January 20, 1818. Sir: In compliance with a request from the Department of State, I have the honor to enclose tu you a copy of a law of this state relating to weights and measures, which is the only act now in force in this state relative to a standard of weights and measures.
Mere accident, and not intentional delay, has prevented a more speedy compliance with said request.
I am, sir, with great respect,
JONAS GALUSHA.. Hon. John Q. ADAMS,
Secretary of State of the U. S.
Sec. 1. It is hereby enacted by the General Assembly of the state of Vermont, That the treasurer of this state shall provide, and keep in good order and repair, in his office, one complete set of weights and measures necessary for the use of this state, according to the approv. ed Winchester measure allowed in England in the exchequer, namely: one half bushel, one peck, one half peck, one ale quart, one wine gallon, one two quart wine measure, one quart, one pint, one half pint, one gill, and one half gill wine measure; one English ell, one yard, one set of iron weights, namely: one fifty-six pound weight, one twenty-eight pound weight, one fourteen, one seven, one four, one two, and one pound weight, and a suitable scale and beam necessary for the use of the same; also, one set of brass weights, from one ounce to four pounds, at the rate of sixteen ounces to the pound, and a suitable scale and steel-beam, necessary for the use of the same, tried and approved according to said standard of Winchester; which shall be considered and understood to be the public standard through
out this state, for the approving and sealing all weights and measures. Which standard of weights and measures shall be provided by the treasurer of this state, from time to time, as the same shall become necessary, and kept in his office. And, if the said treasurer shall neglect to procure and keep in his office aforesaid all or any of the weights, measures, scales, or beams, as aforesaid, he shall forfeit and pay one hundred dollars for each and every six months he shall be so deficient, with costs, to be recovered before any court of competent jurisdiction; one moiety of which sum to the prosecutor, and the other moiety to the treasury of the county in which such prosecution shall be had. And each and every county treasurer within this state shall, at the expense of their respective counties, provide, within six months, and keep the same in repair in his office, all the aforesaid weights, measures, beams, and scales, according to the standard abovementioned, proved and sealed by the treasurer of this state; and shall, from time to time, keep the same in his office in good order and repair. And the selectmen of every town within this state shall provide, from time to time, as they may be wanted, at the expense of the town, one half bushel, and one peck, of the following dimensions, namely : the half bushel in diameter, within side, not less than thirteen inches and three quarters of an inch; the peck not less than ten inches and three quarters within side ; one half peck, one ale quart, one wine gallon, one two quart, one quart, one pint, one half pint, one gill, one half gill, wine measure; one English yard; one set of brass weights from one ounce to four pounds avoirdupois weight, with scales and steel beam; all the above measures, weights, scales, and beams, to be tried, proved, and sealed, by the county treasurer, according to the aforesaid standard of Winchester provided by the respective counties, which shall be kept only for standards.
Sec. 2. And it is hereby further enacted, That all steelyards that are, or shall be, approved of by the standard, shall be allowed of in any town of this state, and be at the liberty of both buyer and seller to weigh by.
SEC. 3. And it is hereby further enacted, That all weights, measures, scales, and beams, provided by the respective towns within this state as aforesaid, shall yearly, and every year, be delivered to the sealer of weights and measures, who shall be chosen and sworn, as the law directs, in the several towns. And the sealer of weights and measures, within every town in this state, shall post up a notification in writing, in the month of January annually, requiring all and every person, within their respective towns, to bring in to said sealer of weights and measures all such weights and measures by which they respectively buy or sell, giving, at least, fourteen days' notice of the time appointed for sealing as aforesaid. And the seal. ers of such weights and measures may demand and receive, from the owner of all weights and measures, so tried, proved, and sealed, by the town seal, two cents for each weight or measure so sealed by him. And, if any person shall carry any weights or measures to be sealed at any time, after the day notified for sealing as aforesaid, the sealers of weights and measures, in such case, may demand and take eight cents for each article sealed; which town seals shall be provided by the selectmen of their respective towns, at the expense and charge of the same.
Sec. 4. And it is hereby further enacted, That if the treasurers of the respective counties, or the selectmen or sealers of weights and measures of any town in this state, shall neglect or refuse to procure any weights, measures, scales, or beams, or shall neglect or refuse to seal any weight or measure, or to give notice as above di. rected, they shall severally forfeit, and pay for every month's neglect or refusal the sum of three dollars and fifty cents ; one moiety to the prosecutor, and the other moiety for the use of the poor of the town in which such delinquent lives, to be recovered by action of debt, before any court proper to try the same.
Sec. 5. And it is hereby further enacted, That if any person, or persons, within this state, shall, twenty days after notice given by the sealers of weights and measures as aforesaid, sell or vend any wares, merchandise, or other commodities whatever, by any other beams, weights, and measures, but such as shall be tried, proved, and sealed, as this act requires, the person, so offending, shall forfeit, for each offence, a sum not exceeding seven dollars; one moiety thereof to the prosecutor, the other moiety for the use of the poor of the town, to be recovered in manner as is hereinbefore provided.
Sec. 6. And it is hereby further enacted, That all beams, weights, and measures, kept for standards in the several towns, shall be tried and proved every ten years by the county standard. And the state standard shall be stamped with the letters S. S., the several county standards shall be stamped with the letters C.S., and the several town standards with the letters P. D.
MEDFORD, October 24th, 1817. SIR: I have the honor to transmit to you, enclosed herewith, an abstract of the laws of the commonwealth of Massachusetts for regulating weights and measures.
With great respect,
J. BROOKS. Hon. John QUINCY ADAMS,
Secretary of State.