When the quantity averages from seven thousand to eight Nov. 15, 1859. thousand gallons per day, at the rate of three and one third cents per one hundred gallons. When the quantity averages from eight thousand to ten thousand gallons per day, at the rate of three cents per one hundred gallons. When the quantity used exceeds ten thousand gallons per day, the price shall be fixed by the water registrar, but in no case at less than two cents per one hundred gallons. not specified, SECT. 48. When water is required for purposes which are For purposes not specified in the foregoing tariff, the rate shall be fixed by how fixed. the Cochituate Water Board. Ibid. ued together. Ibid. SECT. 49. Whenever two or more dwelling-houses, or other for estates valestates, are valued together for the assessment of taxes, it shall be the duty of the water registrar, under the direction of the Cochituate Water Board, to make a separate valuation of the same; and whenever a portion only of any estate is justly chargeable for any water rate, it shall be the duty of the water registrar to make a proper valuation of the said portion; and the water rates hereinbefore provided shall apply to such valuations respectively. used by the SECT. 50. The Cochituate Water Board shall have power Meters may be to ascertain by meters the quantity of water used in any case; water board. and the proprietors, or persons having charge of the hotels, Ibid. taverns, and boarding-houses, mentioned in the thirty-fourth section shall also have power to place within their premises, at their own expense, a sufficient water meter to be approved by the water registrar, for the purpose of measuring the. quantity of water by them respectively used. And when in any case the quantity used shall be ascertained and measured in the manner before mentioned, the Cochituate Water Board may establish a water rate therefor, instead of the specific rate hereinbefore established; provided, however, that the said rates shall in no case be less than that hereinbefore directed to be charged to brewers, distillers, and other business requiring a large supply, for uses not specified under specific regulations; and provided, further, that in all cases where the consumption of Dec. 23, 1859. Dec. 23. 1859. Water board may regulate the construc tion of water closets. Nov. 15, 1859. No charge for pipes to be used only in case of fire. Ibid. Repeal of former ordinances. Ibid. water is ascertained and computed by meters, the water registrar shall render bills quarterly, and such bills shall be paid within ten days thereafter." SECT. 51. The Cochituate Water Board shall have power to establish such regulations as they may deem expedient, for the construction of water-closets hereafter; and the water shall not be supplied to any building, unless the said water-closets shall be made conformable to the said regulations. SECT. 52. No charge shall be made for the right to insert a pipe of not more than one inch in diameter, at the expense of the water-taker, and to be used only in case of fire. SECT. 53. All ordinances and parts of ordinances inconsistent with this are hereby repealed. 16. Vibrating steelyards allowed to 27. be used, if sealed. 17. Penalty for using unsealed weights, &c. 18. "Hundred weight" to be construed the net hundred. 19. Rules for weighing. Penalty for violation. Who to be deemed public weighers. 20. Provisions respecting measures 21. Sealers required to go to houses, 24. Sealers may be paid salaries by 25. Sealers may be removed from office in cities. 26. Milk cans not to be sealed that hold a fractional part of a quart. 28. Act to be accepted by city, &c. ORDINANCE. STATUTES. weights and 1. The selectmen of each town shall annually, in March or Sealer of April, appoint the following town officers, unless the inhabitants measures, &c. at their annual meeting choose them : G. S. 18, § 37. One sealer of weights and measures, and as many more as the inhabitants at their annual meeting determine, and they may also appoint a gauger of liquid measures; and the selectmen See post. § 25. may at any time remove such sealers or gaugers, and appoint others in their places.' 2. By the Statute of eighteen hundred and seventeen, chap- Sealer of ter fifty, it was provided that it shall be the duty of the sealer weights and 1 Similar provisions to those stated in § 1 in the text, were contained in Stat. 1799, c. 60, which, although afterwards repealed by the Revised Statutes, was in force at the time of the passage of the Statute of 1821, c. 110, the first City Charter. By § 33 of the Statute of 1854, c. 448, the new City Charter, all the powers theretofore vested in the selectmen of the town of Boston, and of the mayor and aldermen, were vested in the board of aldermen. See ante, p. 14, § 33. measures shall office, where ures, &c., shall be sent to be keep a house or of weights and measures within and for the town of Boston, weights, meas- to be provided with a house, or office, and to which all persons using scale beams, steelyards, weights, or measures within the town of Boston, in trade, for the purpose of buying or selling any article, shall be required, after notice thereof shall have been given in two or more of the newspapers published within the said town' to send annually their scale beams, steelyards, weights, and measures, for the purpose of having the same. tried, proved, and sealed, as provided in the Act of seventeen hundred and ninety-nine, chapter sixty.' Sealer shall go to houses, stores, and neglect to bring in weights, meas shall seal the same. Ibid. § 2. 3. It was also provided by the same act, that the said sealer is authorized and required to go to the houses, stores, and shops of shops of such as all such merchants, innholders, traders, retailers, and of all other persons living or residing within the said town of Boston, using ures, &c., and beams, steelyards, weights, or measures, for the purpose of buying and selling, as shall neglect to bring or send the same to the house or office of the sealer aforesaid; and there, at the said houses, stores, and shops, on having entered the same with the assent of the occupant thereof, to try, prove, and seal the same, or to send the same to his said house or office to be tried, proved, and sealed, and shall be entitled to demand and receive thereDouble fees and for, double the fees he would be entitled to demand and receive for the same, if such beams, steelyards, weights, and measures had been sent to his said house or office, and all expenses attendPenalty for re- ing the removal and transportation of the same; and if any such person or persons shall refuse to have his, her, or their beams, steelyards, weights, or measures so tried, proved, and sealed, the same not having been tried, proved, and sealed within one year preceding such refusal, he, she, or they shall forfeit and pay ten dollars for each offence; the one moiety to the use of the said town of Boston, the other moiety of the same to the sealer. And if any such person or persons shall use any beam, steel expenses. fusal to have weights, meas ures, &c., sealed. Penalty for 1 1 This section referred, for the manner of sealing, and fees to be demanded, to Stat. 1799, c. 60, which was repealed by the Revised Statutes. Its provisions, with several modifications, were incorporated in Rev. Stats. c. 30, and several additional statutes upon the subject have been passed. Whether §§ 2, 3 in the text were not in effect repealed by the Rev. Stats. c. 30,- quære. without 1817, 50, § 2. altering same. yard, weight, or measure which shall not conform to the public using same standard, the same not having been tried, proved, and sealed sealing. within one year preceding such use of the same, he, she, or they shall forfeit and pay ten dollars for each offence; the one moiety to the use of said town of Boston, and the other moiety of the same to the informer. And if any such person or persons shall Penalty for alter any beam, steelyard, weight, or measure after the same See post. § 23. shall have been tried, proved, and sealed, so as that the same shall, by such alteration be made not to conform to the public standard, and shall fraudulently make use of the same, he, she, or they shall forfeit and pay fifty dollars for each offence; the one moiety to the use of the said town of Boston, and the other moiety of the same to the informer. and balances to be authorized standards. the U. S. Const. art. 1, § 8. one G. S. 51, § 1. 4. This section and the fifteen following sections con- What weights, tain the provisions of the General Statutes, relating to the measures, and sealing of weights and measures. The weights, measures, balances received from the United States, and now in treasury of the commonwealth, to wit, one half bushel, wine gallon, one wine quart, one wine pint, one wine half pint, one yard measure; a set of avoirdupois weights consisting of fifty, twenty-five, twenty, ten, five, four, three, two, and one pounds, and from eight ounces down to one drachm ; one set of troy weights, from five thousand pennyweights down to half a grain, and from one pound down to the ten-thousandth part of an ounce; and three sets of balances; also the measures caused to be made by the treasurer and now in the treasury, to wit, one of eight quarts, one of four quarts, one of two quarts, and one of one quart, dry measure, shall be, remain, and be used, as the sole authorized public standards of weights and measures.1 furnish towns 5. The treasurer shall furnish to each town hereafter Treasurer to incorporated, at a cost not exceeding one hundred and fifty dol with sets. lars, a complete set of standard weights, measures, and bal- Ibid. § 4. 1 Gen. Stats. c. 51, §§ 2, 3, omitted in the text, make provision for the keeping and replacing of the standard weights and measures, and for the appointment by the treasurer of a deputy, &c. |