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ing, all such rights, privileges, and usages, as they respectively can justly claim, as clerks of the market within the said cities and borough, or otherwise howsoever, any thing herein contained to the contrary hereof in any wise notwithstanding.
And be it further enacted, &c. That, from and after the first day of August, no person or persons, be he master or servant, shall make, or suffer to be made, in any place or places within this colony, any bricks, or kiln of bricks, but such as shall be well and thoroughly burnt, and of the size and dimensions following, that is to say: every brick to be and contain nine inches in length, four inches and one quarter of an inch in breadth, and two inches and one half inch in thickness thereof, all well struck off in good and workman-like order and manner, and made of right and well tempered mould, or clay, on penalty of six shillings for every neglect herein, to be paid by the master or owner of the said brick, or kiln, in whose hands or wherespever the neglect or offence aforesaid shall be discovered or found qut, except well bricks.
And it is hereby also further enacted, &c. That, from and after the time limited as aforesaid, no other casks, beams, weights, measures, yards, or bricks, shall be used within this colony than such as aforesaid, except well bricks and such other bricks as are already made or to be made before the commencement of this act, on the penalty of twenty shillings, to be paid by the person using the same, or any of them.
Provided always, That all and every the penalties and forfeitures in and by this act set and appointed as aforesaid, shall be one half to the use of the poor of the parish, town, or place, where the default or offence happens to be; the other moiety thereof to the use of the person or persons who shall inform and sue for the same forfeitures in any of her majesty's courts of record within this colony, or else to be recovered to the uses aforesaid, upon conviction of the offender by the oath of one sufficient witness before any justice of the peace, mayor, or other head officer of the city, county town, or place, respectively, where the offence against, or breach of this act, shall be committed, (who, by virtue of this act, shall have power to administer an oath on that behalf,) by way of distress and sale of the offender's goods and chattels; the overplus, if any be, after charges of the distress deducted, to be returned to the owner thereof, and where no distress can be had, that it shall and may be lawful to and for any justice of the peace, mayor, or head officer aforesaid, to commit the said offender or offenders to prison, there to remain without bail or mainprize until he or they shall pay the penalties and forfeitures aforesaid for which they shall be so committed, to the uses aforesaid. Provided, also, That no prosecutions shall be for any of the forfeitures aforesaid but within three months after the respective facts are committed ; any thing herein to the contrary hereof notwithstanding.
An act to ascertain weights and measures within this state.
Whereas it is agreeable to equity, and beneficial to commerce, that a people who live in the same community shall have one equal and just weight and balance, according to a true and perfect standard and assize of measures, to be established by law, without which necessary provision frauds and deceits may be practised with impunity:
1. Be it therefore enacted by the people of the state of New York, represented in Senate and Asembly, and it is hereby enacted by the authority of the same, That, from and after the first day of June next, there shall be one just beam, one certain weight and measure; that is to say, avoirdupois and troy weights, bushels, half bushels, pecks, and half pecks, according to the standard in use in this state, on the day of the declaration of the independence thereof: and that the standard weights and measures in the custody of William Hardenbrook, who, before and at the time of the said declaration, was the public sealer and niarker of all beams, and weights, and measures, within the city and county of New York, which standard is according to the standard of the court of exchequer in that part of Great Britain called England, shall forever hereafter be deposited with, kept, and preserved by, the clerk of the peace, or common clerk of the city and county of New York, for the time being, and shall be and hereby are declared and established to be and remain the standard, for ascertaining all beams, weights, and measures, throughout the state, any usage or custom to the contrary thereof notwithstanding ; and the said clerk of the peace, or common clerk, now, and for the time being, shall take an oath, to be administered to him in open court before the mayor, recorder, and aldermen, of the said city, well and faithfully to preserve the said weights, seals, and measures, and to suffer no other person to make use of the same, except a sworn public sealer and marker of weights and measures : Provided always, That the said William Hardenbrook shall deliver the said beam, weights, and measures, to the clerk of the peace, or common clerk, of the said city and county, in the presence of the mayor, recorder, and one or more of the aldermen of the said city, and shall declare, on his solemn oath, that the said beam, weights, or measures, are the same which he received from the court of exchequer aforesaid, according to the best of his knowledge and belief.
2. Provided always, and be it further enacted, That if any of the said standard beams, weights, and measures, shall be broken, impaired, or missing, that it shall and may be lawful to and for the inayor and aldermen of the city of New York, in common council convened, to cause to be delivered to the said clerk of the peace, or common clerk, for the time being, any standarded beam, weights, and measures, respectively, to supply such deficiency, taking care that the same is according to the standard established in the late colony,
now state, of New York, immediately preceding the declaration of independence of this state.
3. And be it further enacted by the authority aforesaid, That, for the better observance and execution of this act, it shall and may be lawful to and for his excellency the governor of this state for the time being, by and with the advice and consent of the council of appointment, to appoint fit persons in all convenient and proper places within this state, for sealing and marking all beams, weights, and measures : that the persons so to be appointed shall impress, with the letter A, all beams, weights, and measures, to be sealed and marked by each of them, respectively, and shall respectively take and subscribe an oath before one of the judges of the court of common pleas of the county in which he, or they, shall reside, for the faithful execution of the trust to be committed to them by virtue of this act; and the judge before whom such oath shall be taken, shall cause a certificate thereof to be filed with the clerk of the county wherein such judge shall reside : and every such sworn public sealer and marker of weights, seals, and measures, shall be entitled to receive for his pains in sealing and marking all such beams and measures as shall, from time to time, for that purpose be brought to him, the rate of nine pence, and for every weight, and every small liquid measure, one penny, and no more : saving always, nevertheless, unto the cities of New York and Albany, and borough of West Chester, and the mayors thereof for the time being, all such rights, privileges, and usages, as they respectively can justly claim, as clerks of the markets within the said cities and boroughs, or otherwise howsoever; any thing herein contained to the contrary hereof notwithstanding.
Extract from an act supplementary to the act, entitled “ An act to pre
vent the exportation of unmerchantable flour, and the false taring of bread and flour casks.” Passed 7th March, 1788.
67. And be it further enacted by the authority aforesaid, That the standard weight of wheat brought to the city of New York for sale, shall be sixty pounds nett to the bushel ; and in all cases of sales of wheat in the said city by the bushel, if the same shall exceed the standard weight, the buyer shall pay a proportionably greater price; and if the same shall be less than the said standard the buyer shall pay a proportionably less price : Provided, That this regulation shall not extend to any special contracts respecting the sales of wheat, whatever may be the weight thereof."
An act to amend an act, entitled “ An act to ascertain weights and mea
sures within this state.” Passed February 2, 1804. · Be it enacted by the People of the state of New York represented in Senate and Assembly, That the secretary of this state for the time being shall, ex-officio, be the state sealer of weights and measures; and that there shall be one assistant state sealer, to be appointed from time to time, as occasion may require, by the person administering the government of this state, by and with the advice and consent of the council of appointment, in the county of Oneida; and that there shall be one sealer of weights and measures in each county, the western district of this state, to be appointed by the board of supervisors that shall think proper to appoint one at their annual meeting in October, and one town sealer of weights and measures in each town that shall think proper to elect one, to be elected as other town officers are directed to be elected.
And be it further enacted, That the several state standard weights and measures shall be made of iron, brass, or copper, as the secretary shall direct; and the several county standard weights and measures shall be of such materials as the several boards of supervisors shall direct; and the several town standard weights and measures shall be of such materials as the supervisor of each town shall direct.
And be it further enacted, That it shall be the duty of the said secretary, within nine months after the passing of this act, at the cost of this state, to procure two sets of standard weights and measures, of the same weight and capacity as is mentioned in the act hereby amended, with such beams as he shall think necessary, one set to be kept by himself as a principal state standard, and the other three sets to be delivered to the said assistant state sealers.
And be it further enacted, That the said county sealers of weights and measures shall, at the cost of the respective counties for which they are elected, within six months after being notified of their several appointments by the clerks of the several boards of supervisors, whose duty it shall be to give such notice, to procure a complete set of standard weights and measures, for the use of each respective county; and that the several town sealers of weights and measures, at the cost of the respective towns, shall, within six months after their respective appointments, procure a set of standard weights and measures for the use of the town or towns for which they shall be respectively appointed.
And be it further enacted, That the letters N Y shall be impressed on all the state standard weights, measures, and beams, and on the several county standard weights, measures, and beams, with such other device in addition as the said secretary shall direct for each county, which device shall be recorded in the records of this state, and a copy thereof delivered by the secretary to the assistant state sealer; and the several town standard weights, measures, and beams, shall be impressed by the county sealer in which such town shall be situate, with such other device in addition to the county device, as the board of supervisors shall direct for the several towns, in their several counties : which several town devices shall be recorded by the clerks of the several boards of supervisors, in a book suitable for that purpose, and a copy of such record delivered by said clerk to the county sealer : Provided, nevertheless, That if any town shall neglect to appoint a town sealer of weights and measures, then it shall be lawful for the county sealer to seal all the weights, measures, and beams, belonging to the inbabitants of such town so neglecting.
And be it further enacted, That it shall be the duty of the assistant state sealers to have their standard weights and measures compared with the principal state standard once in fourteen years; and that the several county sealers shall have their standard weights and measures compared with one of the state standards once in seven years, and oftener if necessary; and the several town sealers shall have their town standards compared with the county standard once in three years; that before either of the sealers of weights and mea. sures who shall be appointed by virtue of this act shall enter on the duties of his office, he shall take and subscribe an oath or affirmation before one of the judges of the supreme court, court of common pleas, or justice of the peace, of the county wherein such sealer is resident, well and truły, according to the best of his skill and ability, to perform the duties by this act enjoined, and cause a certificate thereof to be filed in the secretary's office, or the office of county or town clerk, as the case may be.
And be it further enacted, That each of the sealers of weights and measures within this state shall be entitled to receive for his service fur sealing and marking beams or measures, which shall, from time to time, be brought to him for that purpose, twelve and a half cents, and for every weight, and every small liquid measure, two cents over and above his cost of making them right, if they are not so when brought to him for that purpose.
And be it further enacted, That so much of the act hereby amended as respects the appointment of sealers of weights, measures, fees, and device, shall be, and hereby is repealed, so far as respects the said western district.
An act relative to a standard of long measure, and for other purposes,
Passed March 24, 1809.
Whereas the corporation of the city of New York did, in the year one thousand eight hundred and three, procure a brass yard measure, engraved and sealed at the exchequer in Great Britain, and have presented the same to this state, which has been deposited, together with the documents authenticating it, in the secretary's office Therefore,