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sworn.

March 28, 1860.

sand, and other ballast, and three assistant weighers and in- chosen annuspectors, who shall severally hold their offices for one year and ally, and be until others are chosen in their places, and shall severally be removable at the pleasure of the city council. They shall also be severally sworn to perform faithfully the duties of their office.

inspector-in

March 28, 1860.

See post, p. 47.

Dutyof weigher

and inspector

See § 17.

SECT. 2. The weigher and inspector-in-chief shall give bond Weigher and to the city of Boston in the sum of one thousand dollars, with chief to give sureties to be approved by the board of aldermen, conditioned bond. for the faithful performance of the duties of his office, and for the accounting for all money received by him by virtue thereof. SECT. 3. It shall be the duty of the weigher and inspector in chief to remain in the office, required to be kept by the weighers in-chief. and inspectors, during such hours of every business day as the March 28, 1860. weighers and inspectors are required to keep their office open; to receive all orders for the services of weighers and inspectors; to depute the assistant weighers and inspectors to perform such services; to keep true and full accounts of the official transactions of the weighers and inspectors, and of all money received and expended by them by virtue of their office, and to report the same quarterly to the city council in January, April, July, and October.

ant weighers

SECT. 4. It shall be the duty of the assistant weighers and Duty of assistinspectors to perform, under the general direction of the weigher and inspectors. and inspector-in-chief, all such services as weighers and inspec- March 28, 1860 tors of ballast and vessels are required to perform by the laws of the commonwealth and this ordinance of the city not herein especially required to be performed by the weigher and inspectorin-chief. They shall also each day account for and pay over to the weigher and inspector-in-chief all fees received by them for their services as weighers and inspectors; and such fees, after deducting the necessary expenses of the office therefrom, shall be divided each week equally between the weigher and inspector-in-chief and the three assistant weighers and inspectors.

ers and inspec

SECT. 5. It shall be the duty of the weighers and inspectors Duty of weighto give a certificate, in such form as is hereinafter provided, to the tors. owner or vendor of all the stones, sand, gravel, or other ballast June 24, 1853.

June 24, 1853. inspected under the provisions of this ordinance, and to keep an

Lighters, &c., to be marked.

account of all articles inspected in a book, which shall always be kept open to the inspection of owners, vendors, or purchasers of stone, sand, gravel, or other ballast sold by weight.

SECT. 6. Lighters and other vessels employed in the transApril 14, 1853. portation of stones, gravel, or sand, or other ballast, shall be marked on the stem and stern post with a good and sufficient iron bolt, driven through said stem and stern post, and clinched. From the centre of the head of said bolt, all other marks shall take their distance in feet, inches, and parts of inches as the distance may require, from the centre of the head of the said stationary bolts to the lower edge of the other marks, which marks shall be as follows, namely, light-water marks not less than four inches in length and one inch and a half in breadth: and every four tons above said light-water marks, legibly cut or cast in figures of 4, 8, 12, 16, 20, and so forth, up to the full capacity of the lighter or vessel, and said figures shall express the weight which such vessel is capable of carrying, when the lower part of the respective numbers aforesaid shall touch the water, and shall be fastened on the stem and stern post of each lighter or vessel with sufficient nails not less than one inch in length; and other marks shall be set on the stem and stern post of every lighter or vessel between every two marks, that the tonnage of the same may be distinguished by a regular progression of two tons.

Weighers and inspectors to furnish marks

requested, and

distance of

certificates

thereof.

SECT. 7. Every such weigher and inspector shall furnish all the requisite marks and nails when thereto requested, and shall and nails when cause all such lighters and other vessels to be weighed and keep account of marked in conformity with the provisions of the preceding secmarks, and give tion: and during the time of so weighing and marking, all the persons on board of such lighter or vessel shall be stationed beApril 14, 1853. tween the bulkhead and the fore chains thereof. The weigher shall keep a correct account of the distance of each mark from the centre of the head of the stationary bolts, in feet, inches, and parts of inches, in a book to be kept for that purpose, and shall give a certificate thereof, expressing the distance, as aforesaid, to the master of every such lighter or vessel weighed and marked as aforesaid.

ton for every

SECT. 8. In taking the tonnage of every such lighter or Deduction may vessel, a deduction may be made, after such vessel shall have be made of one discharged its loading, of one ton for each and every ton the inch. light-water marks may be under water.

and

April 14, 1853.

keeping within certain bounds

SECT. 9. Every person, on board of any such lighter or ves- Penalty for not sel, who shall not keep within the bounds of the bulkhead fore chains during the time of taking her marks, unless in of absolute necessity, shall forfeit a sum not exceeding dollars for each offence.

case while marks

are taken.

fifty April 14, 1853.

amined annu

spector in such

His fees.

SECT. 10. Such lighters or vessels shall have their marks Marks to be exexamined each year in the month of June by some one of the ally. Duty of said weighers and inspectors, and if the marks agree with their weigher and informer certificates, such weigher and inspector shall certify the examination. same accordingly. Otherwise he shall keep such certificates in his possession, to be used as evidence against the master or owner of such vessel in any prosecution under any statute of the commonwealth or ordinance of the city of Boston; and such lighter or vessel shall be weighed again. For the services required by this section the weigher and inspector shall receive one dollar and fifty cents.

ballast, &c., to be inspected.

Feb. 18, 1857.

SECT. 11. All stones, gravel, sand, or other ballast brought Stones, gravel, to the city of Boston by water and sold by weight to be delivered at any place within the said city of Boston, or into any vessel in April 10, 1854. the harbor of said city shall be inspected by the weighers and inspectors appointed by the city of Boston; Provided, that this Proviso. section shall not apply to sand sold for building purposes, unless the purchaser thereof shall request an inspection.

tion.

SECT. 12. In any case of the sale by weight of stones, gravel, Mode of inspecsand, or other ballast, to be delivered at any place in the city of April 10, 1854. Boston, or into any vessel in the harbor of said city, it shall be Feb. 18, 1857. the duty of one of said weighers and inspectors to go on board of the lighter or other vessel containing the same, and inspect the marks of such lighter or other vessel, before and after the delivery of such stone, gravel, sand, or other ballast; and the person having charge of such lighter or other vessel shall before such delivery, trim the same so as to make said lighter or other vessel swim at equal marks at stem and stern, if so required by the weigher and inspector, and shall pump all the water out;

any weigher

and inspector.

April 10, 1854.
Feb. 18, 1857.

Penalty for wil- and in case any person shall wilfully hinder any weigher and fully hindering inspector acting under this ordinance from going on board such lighter or other vessel, or shall begin to deliver therefrom the stones, gravel, sand, or other ballast sold by weight, before such lighter or other vessel shall be trimmed to swim at equal marks, when so required by the weigher and inspector, and the water pumped out, he shall forfeit a sum not exceeding one hundred dollars for every such offence.

Penalty for de

&c., without

inspection, or for altering or

marks or cer

SECT. 13. Every person who shall deliver stones, gravel, livering stones, sand, or other ballast sold by weight, when an inspection of the same is required by this ordinance, from any lighter or counterfeiting other vessel, which shall not have been weighed, marked, and inspected, as is provided herein, or which shall not have been April 10, 1854. weighed and marked under previous laws or ordinances, or shall alter or counterfeit the marks or certificate of any lighter or other vessel, as aforesaid, shall forfeit a sum not exceeding three hundred dollars for every offence.

tificate.

Feb. 18, 1857.

Fees for inspecting weight

last, &c.

SECT. 14. The fees for inspecting the weight of stones, of stones, bal- sand, gravel, or other ballast, shall be three cents for every ton inspected and delivered, which shall in all cases be paid by the vendor of the same, and shall be repaid to him by the vendee.

April 10, 1854.
Feb. 18, 1857.

Fees for weighing lighters, &c.

Proviso.

SECT. 15. Every weigher and inspector appointed as aforeApril 14, 1853. said, shall be entitled to receive, from the owner or master of each lighter or other vesssl, weighed and marked by him as aforesaid, the following fees, to wit: twenty cents for every ton of such vessel, and four dollars for furnishing marks, nails, and bolts, and other necessary articles, and fastening the same, and giving the certificate. Provided, that no lighter or other vessel which has been once weighed and marked according to law, by the weigher of the city of Boston, shall be subject to any charge for a second weighing or marking, unless it shall appear that her former weight or marks are incorrect or have been changed; and all such lighters or vessels shall be subject to the examination and inspection of every weigher or inspector, without charge, for the purpose of ascertaining whether their weight and marks are correct or have been altered.

weighers and

April 14, 1853

SECT. 16. The accounts to be kept by said weighers and Accounts of inspectors, and the certificates to be given to the owners or inspectors, vendors of stone, sand, gravel, or other ballast, as described in what to specify. the preceding sections, shall specify the name of the vendor, the kind of ballast, sand or gravel, or other stone, the weight and the deduction of light-water marks, the amount of fees received, and the date of certificate.

weighers and

SECT. 17. The weighers and inspectors appointed as aforesaid office hours of shall keep an office, and keep the same open from sunrise to inspectors. sunset, Sundays, Public Fast, Thanksgivings, the anniversary April 14, 1853. of American Independence, and other holidays, excepted, with liberty to close the same from seven to eight o'clock in the forenoon, during the months of April, May, June, July, August, and September, and from eight to nine o'clock during the other six months, and from one to two o'clock in the afternoon through the whole year.

owner, &c., for

SECT. 18. Every owner or master of any such vessel who Penalty on shall neglect to have the same weighed, marked, and examined, neglecting to according to the provisions of law or this ordinance, or who shall have vessels remove any marks or alter his certificate, shall forfeit a sum not April 14, 1853. exceeding three hundred dollars for every offence.

weighed, &c.

weigher for placing false

April 14, 1853.

SECT. 19. Every such weigher and inspector who shall be Penalty on guilty of placing any such mark, contrary to the provisions of this ordinance, or who shall give a false certificate, shall forfeit marks, &c. a sum not exceeding three hundred dollars for every offence. SECT. 20. The master of any lighter or vessel that has ballast for sale, shall, on arrival, report himself to the office of the inspector.

Master of
port his arrival.

lighter to re

April 14, 1853.

to produce certificates

penalty.

SECT. 21. The master of any lighter or vessel that has stones, sand, gravel, or other ballast for sale, shall produce when defor examination the certificate of marks and measurements manded, under of his vessel whenever the same shall be demanded by the April 14, 1853. inspector, and in case of neglect or refusal to produce them he shall forfeit a sum not exceeding fifty dollars.

city to purchase

SECT. 22. No officer or agent of the city of Boston shall No officer of purchase any stones, gravel, sand, or other ballast for said city, stones, &c., or make any contract therefor, or accept the delivery of the unless. same, unless the same shall have been, or before the delivery

April 14, 1853.

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