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CHAP. 69. hands of an indorsee or holder, who shall have received the same, in good faith, and for a valuable consideration, and who had not, at the time of discounting such bill or note, or paying such consideration, actual notice, that the same had been given for an usurious consideration, or upon an usurious contract.

Of costs, in

suits on usuri

ous contracts.

1834, 122, § 5.

Action to recover excess, limited to one year.

1834, 122, § 4.

SECT. 7. In a suit brought, where more than legal interest shall be reserved or taken, the party, so reserving and taking, shall recover no costs, but shall pay costs to the defendant; provided the damages shall be reduced by the oath of any one of the defendants, where there are more than one, by reason of such usurious interest.

SECT. 8. The action, mentioned in the fifth section of this chapter, must be commenced within one year, next after the payment of the money or property therein mentioned, or the same will be barred.

Standard weight of a bushel.

1835, 181, § 1.
When sold, to
be weighed, on
request.
1835, 181, § 2.
Forfeiture by

the party refus

ing.

1835, 181, § 2.

CHAPTER 70.

OF THE STANDARD WEIGHT OF POTATOES.

SECT. 1. Standard weight of a bushel.

2. When sold, to be weighed, on re-
quest.

SECT. 3. Forfeiture, by the party refusing.

SECTION 1. The standard weight of a bushel of potatoes, in good order and fit for shipping, shall be sixty four pounds.

SECT. 2. Whenever potatoes are sold, the measure shall be ascertained by weight, as aforesaid, when the vender or vendee shall so request.

SECT. 3. Any vender or vendee of potatoes, when requested, who shall refuse to conform to the foregoing provisions, shall forfeit, for each offence, five dollars for every hundred bushels, and, in the same proportion, for any greater or less quantity, to the person who shall prosecute for the same, within thirty days after the offence was committed.

Appointment of

measurers.

Oath. Fees. Hogshead of salt to consist of eight hushels.

1829, 419.

1836, 208, § 1.

CHAPTER 71.

OF MEASURERS OF SALT, CORN AND GRAIN.

SECT. 1. Appointment of measurers. Oath.
Fees. Hogshead of salt to con-
sist of eight bushels.

2. Party may require salt, &c. to be measured.

SECTION 1. Aldermen of cities, and selectmen of towns, are authorized to appoint measurers of salt, corn and grain, in their respective cities or towns, to hold their office for one year; who shall be under oath, and receive such fees of the purchaser, as the aldermen or selectmen, shall, from time to time, establish; and in

every contract, made in this state, for the sale and delivery of salt,
by the hogshead, such hogshead shall consist of eight bushels.
SECT. 2. Whenever the buyer or seller shall request, salt, corn
or grain, in cities or towns, where such sworn measurers reside, shall
be measured by them.

CHAP. 71.

Party may require salt, &c. to be measured. 1836, 208, § 2.

CHAPTER 72.

OF THE STANDARD WEIGHT OF RUTA BAGA, SUGAR BEETS, MANGEL
WURTZEL, AND RYE AND INDIAN MEAL.

SECT. 1. Standard weight of ruta baga, sugar SECT. 2. Of rye and indian meal.

beet and mangel wurtzel.

3. Penalty, for refusing to conform.

baga, sugar beet

wurtzel.
1838, 309, § 1.

SECTION 1. The standard weight of all ruta baga, sugar beet Standard and mangel wurtzel, in good order and fit for market, shall be sixty weight of ruta four pounds for a bushel; and the measure shall so be determined, and mangel when either the vender or vendee shall request it. SECT. 2. The standard weight of all rye and indian meal, of rye and inoffered for sale, shall be fifty pounds per bushel. SECT. 3. If any vender, or vendee, shall wilfully refuse to con- Penalty, for reform to the provisions of this chapter, he shall forfeit five dollars, fusing to confor every one hundred bushels; and in the same proportion, for a greater or less quantity.

dian meal. 1836, 247.

form.

1838, 309, § 1, 2.

CHAPTER 73.

OF WEIGHTS AND MEASURES.

SECT. 1. Of the standard of weights and SECT. 11. Penalty on town treasurer, for

measures.

2. State sealer, to cause other weights
and measures to be made, con-
formable to the standards.

3. Also to procure suitable standard
balances.

4. Description of beams, weights and
measures, which are to be pro-
cured, or preserved, by the treas-
urer of the state.

5. Also by county treasurers.
6. County standards, to be regulated
by the state standards, every ten
years.

7. Forfeiture for neglect.

8, 9. Of town standards of beams,

weights and measures.

10. Of the town seal.

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SECTION 1. The standard of weights, recently furnished by the Of the standUnited States, and adopted by this state, shall be continued, and ards of weights

and measures.

1839, 375, § 1.

CHAP. 73. used, as the standard of weights for the state, instead of those formerly used; and the measures, adopted by the United States, as standard measures, when furnished to this state, shall be adopted and used, as standard measures of this state.

State sealer to cause other weights and

made, conformable to the standard.

SECT. 2. It shall be the duty of the state sealer of weights and measures, to cause all such weights, of a smaller denomination, than measures to be those furnished by the United States, as may be necessary to make a complete and perfect set, to be compared and regulated by the standard weights, already adopted; and also to cause all such measures, as are necessary, to make a complete and perfect set, to be compared and regulated by the standard, which may be furnished by the United States.

1839, 375, § 2.

Also to procure suitable stand

ard balances.

Description of and measures,

procured, or

preserved, by

the state.

1821, 131, § 1.

SECT. 3. It shall be the duty of the state sealer aforesaid, to procure, at the expense of the state, if not already procured, a 1839, 375, § 3. suitable gold standard balance; also a suitable standard balance, for avoirdupois weights; both of which, together with the weights and measures, shall be kept at the state house; to be used only for trying and regulating other weights and measures, with the standard. SECT. 4. It shall be the duty of the treasurer of the state, at beams, weights the expense of the state, to procure and preserve as public standards, which are to be until otherwise provided, in the manner mentioned in the first section, and which shall be used only as such, the following beams, the treasurer of weights and measures, to wit: one bushel, one half bushel, one peck, one half peck, one ale quart, one wine gallon, one wine half gallon, one wine quart, one wine pint, one wine half pint, and one wine gill; said measures to be made of copper or pewter, conformable, as to contents, to said standard measures; and as to breadth, that is to say, the diameter of the bushel, not less than eighteen inches and a half, containing thirty two Winchester quarts; of the half bushel, not less than thirteen inches and three quarters, containing sixteen Winchester quarts; of the peck, not less than ten inches and three quarters, containing eight Winchester quarts; and of the half peck, not less than nine inches, containing four Winchester quarts; the admeasurement to be made in each instance, within side of the measure; also one ell, one yard; one set of brass weights, to four pounds, computed at sixteen ounces to the pound, with fit scales and steel beam: also a good beam and scales, and a nest of troy weights from one hundred and twenty eight ounces down to the least denomination, with the weight of each weight, and the length of each measure marked or stamped thereon respectively, and sealed with a seal, to be procured and kept 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.

Also by county

treasurers.

1821, 131, § 2.

SECT. 5. The treasurer of each county, at the expense thereof, shall procure, if not already procured, one complete set of beams, and of brass, copper, pewter and iron weights, and of the measures, before mentioned, except the bushel measure, tried, proved and sealed by the state standards; the said measures, as to breadth, as well as contents, to conform to the state standards, as before mentioned; and the county treasurer shall preserve them for the use of such county, and to be used only, as standards.

ulated by the

SECT. 6. Each county treasurer shall, at the expense of the CHAP. 73. county, once in every ten years, commencing the computation from County standthe first day of July, in the year one thousand eight hundred and ards, to be regthirty nine, have the county standard of weights and measures state standards, compared, proved and sealed, by the state standard of weights and every ten years. 1839, 375, § 4. SECT. 7. Any county treasurer, neglecting to comply with his Forfeiture for duty in the above mentioned particulars, shall forfeit and pay, for neglect each neglect, the sum of two hundred dollars; to be recovered in an action of debt, in the name of the state.

measures.

1821, 131, § 2.

Of town stand

ards of beams, weights and

1821, 131, § 3.

SECT. 8. The treasurer of each town and plantation, in the state, shall procure, at the expense of such corporation, if the same has not been already done, and constantly preserve, as town stand- measures. ards, a complete set of beams, weights, and copper and pewter measures, except the bushel measure, conformable to the state standards; and excepting also, a nest of troy weights, other than those from the lowest denomination to the size of eight ounces, which he is required to procure and keep.

SECT. 9. Any town treasurer may procure a wooden half bushel, peck and half peck measure, conformable, as to breadth and contents, to the copper or pewter measure of the same denomination, in lieu of such copper or pewter measure; all which measures he shall cause to be proved and sealed, by the state or county standard, once in every ten years, computing from the first day of July, eighteen hundred and forty; and if the same has not been done, since the second day of March, in the year eighteen hundred and thirty nine, he shall have the same done immediately.

Same subject.

1821, 131, § 3. 1839, 375, § 4.

of the town

seal.

1821, 131, § 3.

SECT. 10. Each town treasurer shall constantly have and keep a town seal, at the expense of the town, and for the herepurposes inafter mentioned. SECT. 11. Every such treasurer, neglecting his duty, required Penalty on in the three preceding sections, shall forfeit and pay, for each neg for neglect. lect, one hundred dollars; one half to the use of the town, and the 1821, 131, § 3. other half to him, who shall sue for the same.

town treasurer,

towns, &c.

SECT. 12. The selectmen of each town, and the assessors of Of the sealer's each plantation, shall annually appoint a sealer of weights and appointment in measures, within the same; and they may remove any person, so 1821, 131, § 4. appointed by them: and in case of vacancy in the office, however occasioned, they may appoint a suitable person, to fill his place.

Penalty for re4.

SECT. 13. Every person, appointed to the office of sealer, shall, To be sworn. on his acceptance of the office, be duly sworn; and if any person, fusal. so appointed and notified thereof, shall refuse, for seven days, to 1821, 131, § 4 accept the office and be sworn, he shall forfeit and pay five dollars; to be recovered and appropriated in the same manner, as in case of fines for refusing to serve in other town offices.

lectmen, &c.

SECT. 14. Any selectman or assessor, who shall neglect to per- Penalty for seform the duties appertaining to his office, under the twelfth section, neglecting to shall forfeit ten dollars for each month's neglect; to be recovered in appoint. like manner and to like uses. 1821, 131, § 4. SECT. 15. Each sealer of weights and measures, when appointed Custody of the and sworn, shall receive the standards and seal from the treasurer, seals. giving a receipt therefor, describing them and their condition, and 1821, 131, § 5.

standards and

CHAP. 73. therein engaging at the expiration of his term of office, to deliver the same in like good order to the treasurer; and the sealer shall be accountable for their due preservation, while in his care and posses

Duty of the sealer.

1821, 151, § 6.

Same subject. 1821, 151, § 7.

Penalty, for neglecting to have weights, &c. sealed.

1821, 151, § 7. Penalty for

sealer's neg

lect.

sion.

SECT. 16. Every such sealer shall, annually, in the month of May, post notifications in different parts of the town or plantation to which he belongs, stating therein the times and places, when and where, he will attend to the proof and sealing of such weights and measures, as may be brought to him for that purpose; and all weights and measures, that shall be found not conformable to the standard, he shall deface or destroy, unless he can bring them to the just standard.

SECT. 17. Such sealer is authorized, and required, to visit the houses of innholders, the ware houses and stores of merchants, traders, and retailers of spirituous liquors, and the dwelling houses of such other inhabitants, as shall neglect to send to him their beams, weights and measures, and there to prove and seal the same. SECT. 18. Every person, refusing or neglecting to have his beams, weights and measures, tried, proved and sealed, shall forfeit and pay ten dollars; one half to the use of the town, and the other half to the sealer.

SECT. 19. If any such sealer shall neglect his duty, in any of the cases mentioned in this chapter, he shall pay ten dollars; one 1821, 151, § 7. half to the use of the town, and the other to the person, who shall sue for the same, with costs.

Dearborn's, or Hill's steel yard, may be used.

Of selling by

ures.

SECT. 20. In all cases of weighing, the vibrating steelyard, invented by Benjamin Dearborn, or the vibrating steelyard invented by Benjamin Dearborn and improved by Samuel Hills, may be 1821, 131, § 10. used; provided, that before being offered for sale, or the same shall be used, each beam, and the poises thereof, shall be sealed by a public sealer of weights and measures, appointed according to law. SECT. 21. All measures, by which fruit and other things, usuheaped meas- ally sold by heaped measures, shall be sold, shall be conformable, as to capacity and breadth, to the public standard; and if any person shall sell, or expose to sale, any fruit or other thing, usually sold by heaped measure, otherwise than is mentioned in this section, or shall sell or expose to sale any goods or commodities whatever, by any other beams, weights or measures, than those proved and ling by beams, sealed, as aforesaid, the offender shall forfeit for each offence, not &c. not sealed. less than one dollar, nor more than ten dollars; one moiety to the 1821, 131, § 11. use of the town or plantation, and the other to the sealer, or to him, who shall prosecute therefor.

Penalty for sel

Of gross or avoirdupois weight.

SECT. 22. All such articles, as have been sold or exchanged, in any market or town in this state, by gross or avoirdupois weight, 1828, 404, § 1. shall be sold or exchanged by the following regulations of said weights, viz: twenty five avoirdupois pounds shall constitute one quarter; four quarters, one hundred; and twenty hundreds, one ton; and all other articles, usually sold by tale, shall be sold by decimal hundred, any law to the contrary notwithstanding.

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