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Be it it enacted by the people of the state of New York, represented in Senate and Assembly, That the said brass measure is, and shall be, the standard yard measure of this state.
And be it further enacted, That as soon as may be, after the passing of this act, it shall and may be lawful, and it is hereby made the duty of the secretary of this state, to cause the said standard measure to be engraved with the words State of New York thereon; and that he cause to be made and procured two brass yard measures for the city and county of New York, engraved with the words City and county of New York; one for the assistant state sealer in the village of Utica, engraved with the words, State of New York; and one for each of the respective counties of this state, engraved with the name of the proper county, similar to the aforesaid standard, and that he cause the measure, so procured and marked for each county, delivered to the clerk thereof, who shall keep the same for the use of the county, as the standard yard measure of this state for such county, and compare therewith all yard measures or rods, which may be presented to him for that parpose.
And be it further enacted, That the assistant state sealer, and clerk of each county, shall be paid twelve and a half cents for comparing each yard-stick or rod that shall be presented to him for that purpose, over and above the expense of making such stick or rod ex. actly compare and agree with the said standard measure of the county, when so presented.
And be it further enacted, That no surveyor, for any survey made for one year from the passing of this act, shall give evidence as a surveyor in any court, or elsewhere in this state, in any cause wherein lands is in dispute, respecting the survey or measurement thereof, unless such surveyor shall make oath, if required, that the chain or measure used by him, when surveying or measuring such land, was conformable to the standard measure of this state.
And be it further enacted, That the treasurer, on the warrant of the Gomptroller, shall pay to the secretary the expenses incurred by virtue of this act.
And be it further enacted, That the act, entitled “ An act to direct the secretary to procure a state standard of long measure, and for other purposes," passed the 11th day of April, 1808, be, and the same is hereby, repealed.
And be it further enacted, That it shall and may be lawful for the inhabitants of any town in this state, for their convenience, and by a vote at their annual town meeting, to direct the clerk of such town to procure, and deposit in his office, a standard brass yard, to be sealed by the person authorized to seal and compare such yard, and to be considered as the true yard for all the purposes aforesaid.
In act to regulate weights and measures. Passed March 19, 1813.
1. Be it enacted by the People of the state of New York, represented in Senate and Assembly, That there shall be one just beam, one certain weight and measure, for distance and capacity, that is to say : avoirdupois and troy weights, bushels, half bushels, pecks, half pecks, and quarts, and gallons, half gallons, quarts, pints, and gills, and one certain rod for long measure, according to the standard in use in this state, on the day of the declaration of the independence thereof: and that the standard of weights and measures, now in the office of the secretary of this state, which is according to the standard of the court of exchequer in that part of Great Britain called England, shall be, and is hereby declared to be and remain, the standard for ascertaining all beams, weights, and measures, throughout this state, until the Congress of the United States shall establish the standard of weights and measures for the United States.
2. And be it further enacted, 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 three assistant state sealers, 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, to continue in office during the pleasure of the said council; one of which assistants shall reside in the city of New York, one in the city of Albany, and one in the county of Oneida : and that there shall be one county sealer of weights and measures, in each county in this state, to be appointed by the board of supervisors of the respective counties, at their annual meeting in October, to continue in office during pleasure; and one town sealer of weights and measures in each town in this state, to be elected at the annual town meetings, who shall continue in office for one year, and until another shall be chosen in his stead.
3. And be it further enacted, That it shall be the duty of the secretary of this state, within nine months after the passing of this act, in addition to the weights and measures already provided by law, and now remaining with the said secretary, and the assistant state sealer in the county of Oneida, to procure, at the expense of this state, so many weights, measures, and beams, as shall make out four complete standards of weights and measures, both of liquid and dry measures, and avoirdupois and troy weights, with proper beams, and standards, brass rods of long measure; one complete set to be retained in his office, as a principal state standard, and one other set of the said standards to be delivered to each of the assistant state sealers, taking their receipts respectively therefor; and the comptroller is hereby directed to audit the account of the secretary for his expenses in procuring the said additional standards of weights, measures, and beams, and draw his warrant for the amount on the treasurer, who is hereby di. rected to pay the same out of any moneys in the treasury not otherwise appropriated.
4. And be it further enacted, That the several state standards of weights, beams, 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 made of such materials as the several boards of supervisors shall direct: and the several town standard weights and measures shall be made of such materials as the supervisors of each town shall direct.
5. And be it further enacted, That the said county sealers of weights and measures, shall, at the expense of the respective counties for which they are elected, within six months after being notified of their respective appointments by the clerks of the several boards of supervisors, whose duty it shall be to give such notice, and after receiving from their respective county treasurers, by order of the said board, so much money as may be necessary for the purpose, procure a complete set of the said standard weights and measures for the use of their respective counties : and every such county sealer shall forthwith, after having procured such standard, deliver to the clerk of the board of supervisors a statement, in writing, of the expense thereof, and that such standard is in his possession, and that the several town sealers of weights and measures shall, at the expense of the respective towns, within six months after their appointments, and after having received sufficient money for the purpose, procure a complete set of the said standard weights and measures for the use of the respective towns: and, having procured the same, shall deliver to the clerk of the town, to be filed in his office, such statement, in writing, as is before specified.
6. 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, such other device in addition as the said secretary shall direct for each county : which device shall be recorded in the secretary's office, and a copy thereof delivered by the secretary to each of the assistant state sealers, 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 state and county device, as the board of supervisors shall direct for the several towns in their respective counties : which several town devices shall be recorded by the clerks of the several boards of supervisors, in a book to be kept for that purpose: and that such clerk shall deliver a copy of such record to every county sealer.
7. And be it further enacted, That it shall be the duty of the assistant state sealers to compare their standard weights and measures with the principal state standard once in fourteen years : and that the several county sealers shall compare their standard weights and measures with one of the state standards once, at least, in seven years : and the several town sealers shall compare their town standards with
shall, in eine retary's of certificate
the county standard once, at least, in three years: that, before either of the sealers of weights and measures, 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 justices of the supreme court, or one of the judges of the court of common pleas, or justice of the peace of the county wherein such sealer is resident, well and truly, according to the best of his skill and ability, to per, form the duties enjoined on him by this act: and that every assistant state sealer shall cause a certificate of the oath, by him taken, to be filed in the secretary's office : and every county sealer and town sealer shall, in like manner, cause such certificate as aforesaid to be filed in the clerk's office of their respective counties. • 8. And be it further enacted, That each of the sealers of weights and measures, within this state, shall be entitled to receive for his services, in sealing and marking measures and beams which shall, from time to time, be brought to him for that purpose, twelve and an half cents, and for every weight, and every small liquid measure, three cents, over and above a reasonable compensation for making them conform to the standard established by this act.
9. And be it further enacted, That it shall be the duty of the clerks of the several counties to deliver to the respective county sealers of weights and measures heretofore appointed, or hereafter to be appointed, the standard brass yard measure which shall have been received by such clerks from the secretary of this state for the use of the said counties.
10. And be it further enacted, That no surveyor shall give evidence in any cause pending in any of the courts of this state, or before arbitrators, respecting the survey or measurement of lands, unless such surveyor shall make oath, if required, that the chain or measure used by him in surveying or measuring such lands was conformable to the standard measure of this state.
11. And be it further enacted, That, whenever either of the assistant state sealers of weights and measures shall resign or remove from the cities of New York or Albany, or the county of Oneida, or whenever any of the county or town sealers shall resign or remove from the counties or towns in which they were respectively appointed, it shall, in that case, be the duty of the person, so resigning or removing, to deliver to his successor in office all the standard beams, weights, and measures, in his possession; and, in case of the death of any sealer of weights and measures, it shall, in like manner, be the duty of his executors or administrators to deliver to the successor, to be appointed, all the said standard beams, weights, and measures, in the possession of their testator or intestate, at the time of his death; and, in case of neglect or refusal to deliver such standard entire and complete, the successor in office may maintain an action on the case against the person so removing or resigning, or against such executors or administrators, and recover double the value of such standard, or such parts thereof as have not been delivered to the said successor in office, with costs of suit; and, in every such action, if judgment shall be rendered for the plaintiff, he shall recover double costs; one moiety of which may be retained by the person so recoy. ering, and the other moiety shall be by him applied to the purchase of such standard beams, weights, and measures, as may not be delivered over as aforesaid.
12. And be it further enacted, That if any person or persons shall, after one year from the passing of this act, use any weights, measures, or beams, in weighing or measuring, which shall not be conformable to the standard of this state, whereby any purchaser of any commodity, or article of trade or traffic, shall be injured or defrauded, it shall be lawful for the person so injured or defrauded to maintain an action on the case against the offender in any court having cognizance thereof; and if judgment shall be rendered for the plaintiff, he shall recover treble damages against the defendant, with costs of suit.
September 20, 1817. Sir: I have the honor to acknowledge the receipt of your letter of the 29th of July last, accompanying a copy of a resolution of the Senate, relative to weights and measures. There is not in the state of New Jersey any legislative act establishing or regulating weights or measures, nor can I learn that the subject has, at any time, engaged the attention of the state legislature; but, by custom, the English standard of weights and measures has been adopted, and is in use throughout this state, and I know of no information that I can furnish, for enabling the Department of State to fulfil the views of the Senate.
I have the honor to be,
ISAAC H. WILLIAMSON. The Hon. RICHARD RUSH,
Acting Secretary of State.
HARRISBURG, August 26th, 1817. SIR: Your letter to the governor, accompanied by a copy of a resolution of the Senate of the United States, relative to weights and