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3. Provided always, That all fines, forfeitures, and penalties, in the said ac mentioned, shall be and enure one moiety to the commonwealth, and the other to the use of the informer.
4. This act shall commence, and be in force, after the passing thereof.
A COPY. Test,
ANTHY. WHITAKER, Cops C. C.
Governor Miller to Mr. Rush, acting Secretary of State.
EXECUTIVE OFFICE, N. C.
Raleigh, August 19, 1817. SIR: In compliance with the request contained in your letter of the 29th July, I enclose you a certified copy of an act of the general assembly of this state regulating weights and measures.
With much respect,
WILLIAM MILLER. RICHARD RUSH, Esq.
Acting Secretary of State.
An act for regulating weights and measures.
1. Whereas many notorious frauds and deceits are daily committed by false weights and measures : for prevention whereof,
2. We pray that it may be enacted, and be it enacted by his excellency Gabriel Johnson, Esq. Governor, by and with the advice and consent of his majesty's Council and General Assembly of this province, and it is hereby enacted by the authority of the same, That no inhabitant or trader shall buy or sell, or otherwise make use of in trading, any other weights or measures than are made and used according to the standard in his majesty's exchequer, and the statutes of England in that case provided.
3. And, for the discovery of abuses, be it further enacted by the authority aforesaid, That the justices of each and every county within this
government shall, within two years next after the ratification of this act, at the charge of each county, respectively, provide sealed weights of half hundred, quarters of hundreds, seven pounds, four pounds, two pounds, one pound, and half pound; and measures of ell and yard, of brass or copper, and measures of half bushel, peck, and gal. lon of dry measure ; and a gallon, pottle, quart, and pint, of wine measure; for the payment of which charge the said justices are hereby empowered to levy a tax on their respective counties, to be kept by such person, and in such place, as the justices of each respective county shall appoint, such person first giving sufficient security to the said justices in the sum of fifty pounds proclamation money; and the said justices shall also find and provide for the said person, a stamp for brass, tin, iron, lead, or pewter weights or measures, and also a brand for wooden measures, of the letters N C, upon pain of forfeiting and paying the sum of ten pounds proclamation money, to be recovered from the said justices by action of debt, bill, plaint, or information, in the general court of this province, and applied to the use of our sovereign lord the king, for and towards the support of this government and the contingent charges thereof.
4. And be it further enacted by the authority aforesaid, That any person whatever using weights and measures, shall bring all their measures and weights to the keeper of the standard of the county where such person shall reside or trade, to be there tried by the standard and sealed or stamped: and if any person, or persons, shall buy, sell, or barter, by any weight or measure which shall not be tried by the standard, and sealed or stainped as aforesaid, he, she, or they, so offending, shall, for every such offence, forfeit and pay the sum of ten pounds proclamation money, one half to the use of the county where such offence shall be committed, and the other half to the use of the party who shall sue for the same, to be recovered in any court of record in this government, wherein no essoign, protection, privilege, injunction, or wager of law, shall be allowed.
5. And whereas steelyards by use are subject to alterations :
Be it further enacted by the authority aforesaid, That all and every person, who shall use, buy, or sell, by steelyards, shall, once every year, try the same with the standard, and take a certificate from the keeper of the standard for the county wherein such person shall reside, upon pain of twenty shillings proclamation money, to be recovered and applied as aforesaid.
6. Repealed, vol. 2, 48.
6. And be it further enacted by the authority aforesaid, "That the standard keeper of each and every county shall, at the next court to be held for the county in which he shall reside, take the following oath, viz: “ You shall swear that you will not stamp, steal, or give « any certificate for any steelyards, weights, or 'measures, but such " as shall, as near as possible, agree with the standard in your keep- ing, and that you will, in all respects, truly and faithfully dis« charge and execute the power and trust by this act reposed in you, “ to the best of your ability and capacity. So help you God."
as possible, as respects, truthis act reported."
8. And bc it further enacted by the authority aforesaid, That the standard keeper of each and every county in this government, is hereby empowered and required, with the assistance of a constable (who is hereby commanded upon notice to attend him, upon information made to him of any person, or persons, keeping, or having in his or their house, or custody, any steelyards, weights, or measures, which shall have been altered, lessened, or shortened, since they were tried and sealed by the standard, or shall be suspected of buying, sell. ing, or bartering, by such false weights and measures) to search the houses or other suspected places of such offender, for any such weights · or measures so falsified ; and if, upon search, any such false weights or measures shall be found, he shall charge a constable with the owner of them, or the person using them, who shall forthwith convey him, her, or them, before any justice of the peace, who is hereby directed to bind him, her, or them, over to the next court to be held for the county where the offence shall be committed ; and the said offence shall be laid before the grand jury by the king's attorney general, or his deputy, and for want of them, by any person the county court shall think fit to appoint, and shall be cognizable by the said grand jury either by indictment or presentment; and if upon trial by a petit jury such offender or offenders shall be found guilty, the county court shall fine each and every person, so convicted, in a sum not exceeding twenty-five pounds proclamation money, one-third part thereof to the informer, one-third part to the standard keeper, and one-third part thereof to be paid to the justices of the county, to be applied to the use of the county where the offence shall be committed; and shall commit the offender to jail until the same shall be paid : and further, if it appear to the county court, by the verdict of the petit jury, that the offender altered, lesseged, or shortened, his or her steel. yards, weights, or measures, or caused the same to be done, or used such steelyards, weights, or measures, knowingly, after they were so altered, lessened, or shortened, with an intent to defraud any person, in such case, the court shall, besides and notwithstanding the said fine, sentence such offender to stand publicly during the sitting of the court two hours in the pillory, with his offence written over his or her head; any law, custom, or usage, to the contrary notwithstanding.
9. And be it further enacted by the authority aforesaid, That the naval officer of each and every port within this government shall affix up, in a public part of his office, and there constantly keep affixed, an advertisement of this act, that traders coming into this government may have notice thereof, upon pain of forfeiting five shillings proclamation money, for every twenty-four hours the same shall be neglected, to be recovered by a warrant from any justice of the peace of the county where the offence shall be committed, by any person who shall sue for the same, and applied, one-half to the informer, and the other half to the use of the said county.
10. And be it further enacted by the authority aforesaid, That the justices of every county, respectively, shall have power to take and
receive into their custody all such weights and measures as have been already provided by their respective county or parish, and shall also demand and receive from all and every person, or persons, whatsoever, all such sums of money as have been already raised to purchase such weights and measures, and dispose of and apply the same according to the directions of this act.
11. And be it further enacted by the authority aforesaid, That all and every other act, and acts, and every clause and article thereof, heretofore made, so far as relate to weights and measures, or any other matter or thing within the purview of this act, is, and are hereby, repealed and made void, to all intents and purposes, as if the same had never been made.
A true copy.
WM. HILL, Secretary.
The Governor of South Carolina to the Secretary of State.
EXECUTIVE OFFICE, SOUTH CAROLINA,
10th September, 1818.
Sır: Yours of the 5th ultimo, covering a resolution of the Senate of the United States, requesting information upon the laws of this state regulating weights and measures within the same, has been received. I had the honor of receiving a former like communication from you, and directed the secretary of this state to give you every information upon the subject. This, I presume, has never reached you. I now enclose you copies of two sections of acts, which, I believe, are every thing contained in our statute book relating to weights and measures.
I have the honor to be,
for the United States.
Act of Assembly, passed 12th April, 1768.
“ SEC. 5. The public treasurer shall, immediately after the passing of this act, procure, or cause to be made, of brass or other proper metal, one weight of fifty pounds, one of twenty-five pounds, one of fourteen pounds, two of six pounds, two of four pounds, two of two pounds, and two of one pound, avoirdupois weight, according to the standard of London; and, also, of cedar wood, neatly shaped and handled with iron, one bushel, one half bushel, one peck, one half peck measures, according to the standard of London; which weights shall each, respectively, be stamped or marked in figures denominating the weight thereof, and shall be kept by the said public treasurer: and the said weights and measures shall be deemed and taken to be the standard weights and measures by which all the weights and measures in this province shall be regulated.”
Act passed 17th March, 1785.
fr Sec. 63. The several justices of the county courts in this state, as soon as the same shall take place in the respective counties, shall have full power and authority to regulate weights and measures within each of their respective jurisdictions, and shall enforce the obseryance thereof in such manner and form, and under such penalties, as are already prescribed by law for regulating weights and measures."
The Governor of Georgia to the Secretary of State.
EXECUTIVE DEPARTMENT, GEORGIA,
Milledgeville, 5th December, 1819. SIR: I have the honor to enclose a copy of an act of the general as. sembly of this state, and an extract from an ordinance passed by the corporation of the city of Augusta, showing the regulation and standard for weights and measures in this state. Some delay in obtaining from Augusta the extract, together with a multiplicity of business occasioned by the legislature now in session, has prevented me from complying with your request at an earlier period.