by the Treasurer aforesaid; and also one fifty-six pound weight, one twenty-eight pound weight, one fourteen pound weight, and one seven pound weight, made of iron.

er to procure

and measures

State stand

SEC. 2. Be it further enacted, That it shall be the duty of County treasur the Treasurer of each county, at the expense thereof, to beams, weights procure if the same has not already been done, one com- to be sealed by plete set of beams, and of the brass, copper, pewter, and iron ards: weights, and of the measures aforesaid, excepting the bushel measure, well tried, proved and sealed by the said State standards, and marked or stamped as aforesaid; said measures, as to breadth, as well as contents, to be conformable to the State standards as aforesaid;-which the said county Treasurer shall keep and preserve, for the use of the respective counties, and to be used as standards only. And once to be proved by in ten years, after the same are, or shall have been procured, the respective Treasurers for the time being, of the several counties, shall cause the same to be tried, proved and sealed by the Treasurer, and standards of the State: and if any Penalty for ne County Treasurer shall neglect his duty in this behalf, he shall forfeit and pay, for each neglect, the sum of two hundred dollars to the use of the State, to be recovered in an action of debt, in the name of the State, in any Court proper to try the same, with costs of suit.

State standards every ten ears,

glect.

ers to procure

and measures

State standards.

measures may

SEC. 3. Be it further enacted, That it shall be the duty Town treasur of the Treasurer of each town within this State, at the ex- beams, weights pense of such town to procure, if the same has not already conforming to been done, and ever after to preserve as town standards, a complete set of the beams, weights and copper or pewter measures, conformable to the State standards as aforesaid; excepting however, the said bushel measure; and excepting also, that no Treasurer of any town shall be bound to procure a nest of Troy weights other than from the lowest denomination to the size of eight ounces, which it is hereby made his duty to procure: Provided however, That it shall be Proviso-wood lawful for the Treasurer of any town aforesaid, to procure a be used. wooden half bushel, peck, and half peck, conformable as to breadth and contents to the copper or pewter measures of the same denomination, in lieu of such copper or pewter measures, all of which he shall cause to be well tried, proved and sealed as aforesaid, either by the Treasurer of this State, or of the county within which such town shall be situated, and to have the same tried, proved and sealed as aforesaid, once in every ten years afterwards. And it shall also be the Town seal to duty of town Treasurers, to procure at the expense. thereof, be kept. and to preserve a proper town seal, for the purposes hereinafter mentioned. And if any town Treasurer shall neglect his Penalty for duty in the premises, he shall for each neglect, forfeit and pay one hundred dollars, one moiety thereof to the use of the town, and the other moiety to him or them who shall sue for the same, to be recovered in an action of debt, with costs of suit, in any Court proper to try the same,

neglect.

Selectmen to

appoint sealers and remove them and fill vacancies.

Sealers to be

sworn.

Penalties for

neglects.

Sealers when

the town standards.

SEC. 4. Be it further enacted, That it shall be the duty of the Selectmen of each town in this State, in the month of March or April annually, to appoint a suitable person to be a sealer of weights and measures within the same. And it shall also be the duty of the Selectmen in such towns in this State, as shall, at any of their annual meetings, vote to have more than one sealer of weights and measures within their town, to appoint suitable persons therefor. And the Selectmen of the several towns are hereby authorized to remove from office any person or persons by them appointed as sealers of weights and measures by virtue of this Act. And it shall be the duty of the Selectmen, upon any vacancy which shall happen in the office of sealers of weights and measures, either by death, removal, resignation, refusal to accept, or otherwise, immediately to appoint some other suitable person to fill the place. And each person who shall be appointed to such office shall be notified of his appointment, and sworn as other town officers are. And if any person so appointed and notified shall refuse or neglect to take such oath, for the term of seven days after he shall have received such notice, he shall forfeit and pay five dollars, to be recovered in the manner and to the uses other fines are, for refusing to serve in other town offices. And if any Selectman shall not duly execute this law, so far as to him appertains, he shall forfeit and pay, for each month's neglect, the sum of ten dollars, to be recovered in like manner, and to like uses. And the Treasurers of such towns as shall, as aforesaid, vote to have more than one sealer of weights and measures within their town, shall at the expense thereof, procure, and shall preserve the necessary additional seals, weights and measures, before specified; so that each sealer in such town may have complete sets of the same, under like penalties and forfeitures as are provided in the third section of this Act.

SEC. 5. Be it further enacted, That it shall be the duty of sworn to keep each sealer of weights and measures, as soon as appointed and sworn, to receive of the town Treasurer, the said town standards and seal, and to give him a receipt therefor, expressing the contents thereof and the condition in which the same may be, and in such receipt engaging, at the expiration of his, (the said sealer's,) office, to deliver the same in like order and condition, to the said Treasurer; and such scaler shall be accountable to the town for the due preservation of the same, so long as he shall hold them on such receipt.

Sealer to notify, in May, the

will attend to seal, &c.

SEC. 6. Be it further enacted, That it shall be the further places where he duty of the said sealer of weights and measures in the month of May in every year, to post up written notifications in the several parts of the town, expressing therein the time and place, when and where he will attend such of the inhabitants as live within the limits described in his notification, and seal all such of their great and small beams, weights and measures as they shall bring in for that purpose. And the said

sealer shall deface and destroy all weights and measures which cannot be brought to their just standards.

houses, stores,

SEC. 7. Be it further enacted, That the said sealer be, and Sealer to visit he hereby is, authorized and required, to go to the houses of &c. to prove such innholders, and to the ware-houses, stores and shops of measures. such merchants, traders and retailers of spiritous liquors, and to the houses of such of the other inhabitants, as shall neglect as aforesaid, to bring or send in, the said beams, weights and measures; and there, (at their said houses, stores, shops and ware-houses) to try, prove and seal the same beams, weights and measures. And if any such person or persons, shall refuse or neglect to have his, her or their beams, weights or measures so tried, proved and sealed, he, she or they, shall forfeit and pay ten dollars for each offence; one moiety to the use of the poor of the town, and the other moiety to the sealer, to be recovered in an action of debt, with costs as aforesaid. And if any scaler of weights and measures shall Penalty for neglect his duty in any of the cases in this Act specified, he shall for each neglect, forfeit and pay not less than five nor more than ten dollars: one moiety thereof to the town, and the other moiety to the informer, to be recovered by an action of debt, or on the case with costs as aforesaid.

neglect.

sealed in June

SEC. 8. Be it further enacted, That the directors of the Banks to have several Banks, which are or shall be incorporated within this their tights State, shall annually, in the month of June, at the expense of annually. said Banks, have all the weights used in their respective Banks compared, proved and sealed by the Treasurer, or by some person specially authorized by him for that purpose; which shall supersede, so far as respects such Banks, the sealing of Troy weights by the town sealer; and no tender of gold by any Bank in this State, weighed with weights other than those compared, proved and sealed as aforesaid, shall be legal. And to prevent the unavoidable imperfection of scale beams, from operating unequally in payments of gold, the payer or receiver may require that the gold shall be weighed in each scale, so that the irregularity of the different ends of the beam, if any, may be ascertained, and the mean weight resulting therefrom, shall be considered as the true weight of the parcel of gold so to be paid or received.

urers to have

years.

SEC. 9. Be it further enacted, That it shall be the duty County treasof the several county Treasurers at the expense of their re- weights, &c. spective counties, before the first day of July, which shall sealed every 10 be in the year of our Lord one thousand eight hundred and twenty-four, and once in every ten years afterwards, to have their county standards of Troy weight compared, proved and sealed by the Treasurer of the State, or some person by him thereto specially authorized and it shall be the duty of the Treasurers of the several towns, at the expense of their respective towns within one year after the first day of July aforesaid, and once in every ten years afterwards, to have

Vibrating steelyards may

their town standards of Troy weight compared, proved and sealed by the Treasurer of the State or of the county wherein such town shall be, or some person thereto specially au thorized by said State or county Treasurer.

SEC. 10. Be it further enacted, That the vibrating steelbe used, &c. yard invented by Benjamin Dearborn, and the vibrating steelyard invented or improved by Samuel Hills, be permitted to be used in all cases of weighing throughout this State : Provided, That before being offered for sale, or the same shall be used, each beam and the poises thereof, shall be sealed by some public sealer of weights and measures, appointed according to law.

Size of fruit

measures.

Penalty for

using weights, measures, &c.

hot sealed.

Limitations.

Selectmen to

men,

SEC. 11. Be it further enacted, That all measures by which fruit or any other thing usually sold by heaped measure, shall be sold, shall be conformable as to capacity and breadth, to the public allowed standards as aforesaid. And if any person shall sell, or expose to sale, any fruit or other thing, usually sold by heaped measure, by any other measure as to capacity and breadth, than is before mentioned, or shall sell or expose to sale, any goods, wares or merchandize, grain or other commodity whatsoever, by any other beams, weights or measures, than those sealed as aforesaid, he shall forfeit and pay, for each offence, not less than one dollar, nor more than ten dollars according to the circumstance of the case; one moiety thereof to the use of the town, and the other moiety to the said sealer or to him or them who shall sue for the same, to be recovered in an action of debt, or on the case, with costs of suit, in any Court proper to try the same.

SEC. 12. Be it further enacted, That this Act shall take effect and be in force until such time as the Congress of the United States shall have fixed by law the standards of weights and measures.

[Approved February 5, 1821.]

-00

CHAPTER CXXXII.

An Act respecting Engine Men, Fire Engines and the Extinguishment

of fire.

SEC. 1. BE it enacted by the Senate and House of Repre

appoint engine sentatives, in Legislature assembled, That the Selectmen of such towns in this State as are or may be provided with a fire engine, or engines, be and they are hereby empowered, if they judge it expedient, to nominate and appoint a number of suitable persons not exceeding twenty-five to one engine, for engine men; who shall continue in said office during the pleas ure of such Selectmen; which engine men shall be, and they are hereby authorized and empowered, to meet together some time in the month of May annually; at which meeting, they shall have authority to choose a master, or director, and Clerk of the said engine; and establish such rules and regu

who are to

meet in May,

choose officers

and establish

regulations, &c.

lations, respecting their duty as engine men, as shall be approved of by the Selectmen, and to annex penalties to the same which may be recovered by the Clerk of said engine men, before any Justice of the Peace, in the same county: Provided, No penalty shall exceed six dollars and that such rules and regulations shall not be repugnant to the laws of

this State.

Engine com

amine engines,

and to be under

SEC. 2. Be it further enacted, That the respective compa-panies to meet nies of engine men who may be nominated and appointed in monthly to expursuance of this Act, shall be held and obliged to meet to- &c. gether once a month and oftener if necessary, for the purpose of examining the state of the engine to which they belong, and the appendages belonging to the same, and seeing that the said engine is in good repair, and ready to proceed on any emergency to the relief of any part of the community that may be invaded by the calamity of fire; and the said engine men appointed as aforesaid shall be held and obliged the direction of to go forward either by night or by day, under the direction duty." of the fire wards in the same town, and to use their best endeavors to extinguish any fire that may happen in the same town, or the vicinity thereof, and shall come to their knowledge without delay. And whereas there may, in some towns, be an engine or engines the property of individuals who would incline, the same might be employed for the benefit of the said town, subject to the like regulations and privileges as though the said engine or engines appertained to the said town:

fire wards, on

in same manner

men for private

SEC. 3. Be it further enacted, That whenever the propri- Selectmen may etor or proprietors of any engine or engines shall apply to appoint engine the Selectmen of any town in which the said engine or en- engines. gines may be, setting forth that they have such engine or engines which they are desirous should be employed for the benefit of the said town, the Selectmen of such town, upon application as aforesaid, may appoint engine men in the same manner, with the same privileges and subject to the same regulations as though the said engine or engines were the property of the said town.

discharge negli

point others.

SEC. 4. Be it further enacted, That if any person, being Selectmen may appointed in manner herein before directed shall, in the gent engine opinion of the said Selectmen be negligent and remiss in the men and apduties required of him as an engine man, by this Act, it shall be the duty of the Selectmen in the same town, upon sufficient evidence thereof, to discharge him from said company, and proceed to appoint another engine man in his room, in the manner herein before directed.

select certain

special service

SEC. 5. Be it further enacted, That the said Selectmen, Selectmen may may in their discretion select from the engine men aforesaid, engine men for any number for each engine in their respective towns, whose at fires, &c. duty it shall be, under the direction of the fire wards, to attend fires therein, with axes, fire hooks, fire sails and ladders. and who shall do such further duty as the said Selectmen shalt