Ordinance, 5 March 1842–A

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An Ordinance to regulate Weights and Measures.
Sec. 1. Be it Ordained by the City Council of the City of , that there shall be appointed biennially on the fourth Monday of June, and whenever a vacancy shall Occur, a suitable Person to be sealer of Weights and Measures, who shall before he enters on the Duties of his office, enter into Bond, with security to the satisfaction of the Mayor in the Sum of One hundred Dollars, for the faithful discharge of his Duty, and take and Subscribe the following Oath or Affirmation before the Mayor or other Justice of the Peace: “I do solemnly Swear (or affirm) that I will diligently, faithfully, and impartially execute the Duties of my office, without favor or affection.”
Sec. 2. That the Sealer of Weights and Measures shall keep an office near the Centre of the , and shall have the keeping of such Standard Weights and Measures as now are, or hereafter shall be provided by the Corporation; which shall be used only as the Standards for Weights and Measures.
Sec. 3. That the Sealer of Weights and Measures shall rectify, and brand or Seal with the Letter W all Scale Beams, Weights, and Measures, that may be brought to his office for that purpose, as near the upper edge or ends thereof as possible; for [p. 62] for each of which he shall receive, from the respective owners thereof, twenty cents, and double that Sum if rectified, branded or Sealed at any other place. And if he shall neglect to rectify, brand or Seal any Scale Beams, Weights or Measures, within three days after the same shall have been brought to his office, he shall incur a Penalty of Five Dollars for every such neglect.
Sec. 4. That the Sealer of Weights and Measures shall, under a Penalty of twenty Dollars for each neglect, at least once in every Six Months, between the rising and setting of the Sun, enter every Store, Shop, Market, or other Place where Goods are Sold within this , and examine the Scales, Weights, and Measures, if any therein; and if any Scale Beams, Weights, or Measures should be found without the official Stamp, brand, or Seal, of the Sealer of Weights and Measures, or deficient, or exceeding in Weight or Measure, the same shall be forfeited to the corporation, and Seized by the Sealer of Weights and Measures; and the Person in whose Possession such Scale Beam, Weight, or Measure shall be found, shall pay a fine of one Dollar for each and every such Scale Beam, Weight or Measure: Provided, that nothing herein contained shall be construed to prevent any Manufacturer, or other Person, from keeping Scale Beams, Weights and Measures for Sale, in which Case, such Person shall previously give information thereof to the Recorder, on failing to do which, he shall incur the said Penalty.
Sec. 5. That if any Person shall refuse to produce his or her scale Beams, Weights, or Measures for examination, when required by the Sealer of Weights and Measures, or refuse to relinquish the same, when found forfeited to the Corporation, the Person so refusing shall pay a [p. 63] a fine of not less than One, nor more than Ten Dollars, according to the discretion of the Magistrate.
Sec. 6. That any Person who shall sell by any Scale Beam, Weight or Measure, not rectified and Stamped, branded, or sealed, by the Sealer of Weights and Measures, shall, upon Conviction thereof, pay a fine of One Dollar for each and every Offence; and any Person is hereby authorized to prosecute for this Penalty. And if the Sealer of Weights and Measures shall pass any Scale Beam, Weight or measure that shall not correspond with the Standards prescribed by Law, he shall, for each offence, forfeit and pay a Fine of Ten Dollars.
Sec. 7. That if any Person shall sell by the Steel Yard, the Sealer of Weights and Measures, (who is hereby authorized to examine any Steel yard which he may see in use,) if he shall, on examination, find the same not to agree with the Standard aforesaid, shall seize the same; and the Person found selling therewith, or the Owner, shall incur a Penalty of Two Dollars.
And the said Sealer of Weights and Measures shall, twice in every year, examine, and cause the Owners thereof to adjust, every Hay Scale in this ; and he shall be entitled to receive, for every such examination, two Dollars, to be paid by the owner of such Scales.
Sec. 8. That the Sealer of Weights and Measures shall keep a Book, wherein he shall enter the Names of the Persons who shall have Scale Beams, Weights and Measures adjusted, the number and description of the same, and the times when adjusted: and return to the Mayor, halfyearly, to be laid before the City Council, a Copy of said Entries, together with a Statement of all Weights and Measures seized and forfeited to this Corporation, with the Names of the Persons forfeiting the same.
Sec. 9. That all Weights and Measures which have been heretofore seized and forfeited to this corporation, shall [p. 64] shall be adjusted, where practicable, and delivered to their original owners, upon their paying the legal Fees for Sealing, stamping or branding the same.
Sec. 10. That the Mayor be, and he is hereby Authorized, to cause to be procured the necessary Seals, avoirdupois Weights, and Measures, of such form and Materials as he may think proper, to be regulated by the Standards adopted by authority of the Legislature of the State of , as the Standards by which the Weights and Measures, to be used in this , shall be regulated.
Sec. 11. That all Fines incurred under this Act shall be recovered and disposed of as are other small Fines for infractions of the Laws of this Corporation.
Passed March 5th. 1842.
, Mayor.
, Recorder. [p. 65]