CHAP. XVI.

OF THE LAWS REGULATING WEIGHTS AND MEASURES.

The statute of December 15, 1791, entitled 66 an act regulating scale beams, steelyards, weights and measures," enacts," that the governor, by and with the advice of council, be, and hereby is authorized and empowered to appoint a sealer of weights and measures in each county in this state."

"That each sealer of weights and measures appointed as aforesaid, shall provide at the expense of the state, one complete set of scale beams, weights, and measures, similar to those now owned by this state; which shall be kept by him as standards for the use of said county.And it shall be the duty of said sealer of weights and measures to try and prove by said standards all scale beams, steelyards, weights and measures, which shall be brought to him for that purpose by the sealers of weights and measures chosen in the respective towns in said county; and to seal such as shall be found just, agreeable to said standards, who shall receive six cents, for every scale beam, steelyard, weight and measure so tried, proved and sealed."

"That the selectmen of every town in this state, shall provide at the proper expense of their respective towns, one complete set of weights and measures, and a scale beam as aforesaid for the use of said town, of such materials as the town shall think proper; provided the liquid measures be of some kind of metal."

"That each town in this state, shall at their annual meeting choose one suitable person for sealer of weights and measures in said town, who shall be sworn to the faithful discharge of his duty, who shall notify the inhabitants to bring in all scale beams, steelyards, weights and measures, as they make use of, in the month of May from year to year, at such time and place as he shall appoint, by posting up a notification at every meeting-house.

in said town, and if there be no meeting-house, then at some public place in said town, three weeks successively prior to the day appointed; and the said sealer shall try, prove, and seal all such scale beams, steelyards, weights and measures as shall be brought to him, and shall be found just agreeable to said standards.-And he shall have for every scale beam, steelyard, weight and measure so sealed, two cents from the owner thereof at the first sealing, and after the first sealing one cent, only, so long as they continue just with the standard."

And

"That all measures by which meal, fruit and other things usually sold by heap, shall be sold, be of the following dimensions, viz: the bushel not less within side than eighteen inches and a half wide, the half bushel not less than thirteen inches and three quarters wide, the peck not less than ten inches and three quarters wide, and the half peck not less than nine inches wide. if any person at any time from and after the first day of September rext, shall sell, expose to sale, or offer any meal, fruit or other things usually sold by heap, by any other measure than is aforementioned, as to bigness and breadth, such person being complained of and convicted before any justice of the peace within the county, of so doing, shall forfeit and pay to the use of the poor of the town where the offence is committed, the full value of the meal, fruit or other things so sold or offered to sale with costs."

"That the sealer of weights and measures appointed in each town within this state, from time to time, shall be, and hereby is empowered to go to the houses of such of the inhabitants, having been duly notified as aforesaid, who shall neglect to bring or send in their scale beams, steelyards, weights and measures, to be proved and sealed at the place assigned for that purpose, and shall there prove and seal the same, and shall receive of the owner for every scale beam, steelyard, weight and measure proved and sealed twenty cents and no more; and every person that shall refuse to have their scale beams, steelyards, weights and measures viewed, proved and sealed, shall forfeit the sum of ten dollars, one moiety thereof to the use of the poor of the town, and the other moiety to the sealer; and if any person shall bring his scale beams, steelyards, weights or measures to be proved

and sealed at any other time than on the day or days set by the sealer of weights and measures for that purpose, he shall in like manner pay three cents for every scale beam, steelyard, weight or measure that shall be tried and sealed, and one cent and an half for such as do not need sealing."

"That if any person from and after the first day of September next, shall sell, vend, or utter any goods, wares, merchandizes, grain or other commodities whatsoever, by other scale beams, steelyards, weights or measures, than such as shall be proved and sealed as this act requires, in any town where provision is made and notification given agreeably to this act, or shall fraudulently so sell, utter or vend any goods, wares, merchandizes, grain, or other commodities by any scale beams, steelyards, weights or measures that may be so sealed, that shall prove unjust, the person so offending shall forfeit a sum not less than one dollar, nor more than ten dollars with costs for each offence, one moiety thereof to the use of the poor of the town where the offence shall be committed, the other moiety to the informer who shall prosecute the same."

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"That all scale beams, steelyards, weights and measures kept for standards in the several towns, shall be proved and tried by the public county standards, at the end of every five years from time to time."

"That if the selectmen of any town in this state neglect to comply with their duty in procuring weights and measures, and a scale beam, as by this act is required, they shall forfeit the sum of one hundred dollars to be recovered one half for the use of the county in which the neglect shall happen, and the other half for the use of the person who shall sue for the same.

"That when any sealer of weights and measures that may be duly appointed in any town where a scale beam, weights and measures are provided according to this act, shall neglect to notify the inhabitants as aforesaid, shall forfeit the sum of fifty dollars, and for neglecting the du ties of his office in any other respect, from one to twenty dollars, one half for the prosecutor, the other half for the use of the town where such neglect shall happen; and all penalties and compensations mentioned in this act may be sued for and recovered by action, bill, plaint or information in any court proper to try the same.

"That the sealer of weights and measures for each county, may make use of such seal as he may think proper, provided a description thereof, in writing, be lodged in the secretary's office before it be made use of, and that the sealer of weights and measures chosen by each town respectively shall use such seal as the town may agree on, a record of which being previously made in the town records."

The statute of July 6, 1827, entitled " an act to regulate the weighing of merchandize and other commodities," enacts, "that from and after the first day of September next, all commodities which now are, and have neretofore usually been sold by the hundred and twelve pounds, or hundred weight avoirdupois, shall, when exposed for sale and actually sold, be weighed by decimal hundreds and pounds of avoirdupois; and all contracts thereafter made concerning the weight of goods or commodities, heretofore weighed by the hundred weight, or one hundred and twelve pounds avoirdupois, shall be un. derstood and construed to intend the same in decimal hundreds and pounds avoirdupois."

"That it shall be the duty of every public weigher of goods or commodities, to weigh the same by decimal hundreds and pounds, avoirdupois weight, where the same have heretofore been weighed by the hundred weight, or one hundred and twelve pounds avoirdupois, and to issue his certificate accordingly. And every such public weigher, who shall offend against the provisions of this act, shall, for every such offence, forfeit and pay a fine of five dollars, together with the costs of prosecution, to be recovered before any justice of the peace, upon complaint in behalf of the state. And every

weigher of goods or commodities, appointed by any town under the laws of this state, as well as every weigh, er of goods or commodities for hire or reward, shall be deemed and taken to be a public weigher, so far as reJates to the provisions of this act.”

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CHAP. XVII.

OF LICENSED HOUSES.

The statute of July 7, 1827, entitled "an act regulating licensed houses," enacts, "that it shall be unlawful for any person to exercise the business of a taverner or retailer without license. And if any person shall, at any time, without license in writing from the selectmen of the town or place where such person resides, sell any wine, rum, gin, brandy, or other spirits, in any quantity less than one gallon, or shall sell any mixed liquors, any part of which are spirituous, such person so offending, for each and every such offence, on conviction thereof before the superior court of judicature in the county where such offence shall be committed, shall forfeit and pay a sum not exceeding fifty dollars, nor less than twenty dollars, for the use of such county."

"That the selectmen of any town or place, on appli. cation, may license any person of good moral character to exercise the business of a taverner in such town or place, on the receipt of a sum, for the use of such town or place, not exceeding five dollars nor less than two dollars. And every person licensed as aforesaid shall, at all times, be furnished with suitable provisions and accommodations for travellers, their cattle and horses; and every person so licensed, who shall not be furnished as aforesaid, shall forfeit and pay the sum of five dollars, to be recovered in an action of debt by any person sueing for the same."

"That if the selectmen shall unreasonably neglect or refuse to license any suitable person applying for a license as a taverner, and in case there be no selectmen in the town or place, the person wishing for a license as aforesaid, may make application by petition to the court of common pleas in the county where such applicant resides, and said court, if they think proper, may license such person to exercise the business of a taverner for a