the mark or brand on it, allowing two pounds additional in case, with the butter in it, it weighs less than sixty pounds, and three pounds if over sixty, for the brine absorbed by the same, he shall forfeit the sum of one dollar; to be recovered by action of debt, one half to and for the use of the state, and the other to and for the use of the person who shall sue for the same. An Act regulating the Assize of Cider Barrels. Assize of cider barrels-penalty for exposing for sale in casks less than the assizepenalty how recovered. It is enacted by the General Assembly, as follows: If any cider or cider beer be exposed to sale in any cask containing less than thirty-one and a half gallons, the same together with the cask shall be forfeited; the one half to him who will inform or sue for the same, and the other half to the use of the state, to be recovered before any court proper to try the same; and it shall and may be lawful for any justice of the peace, on complaint to him made, to issue his warrant for seizing within his county and securing any cask and liquor declared to be forfeited by this act. An Act substituting Nett Weight for Gross Weight, and ascertaining the Weight of certain Articles. SECTION 1. Nett weight substituted for gross. 3. What parts of cattle purchased or 4. Penalty on weigher, &c., not accounting for all parts weighable. 5. Weighers to be annually appointedto be sworn-duty of-fees of. SECTION Providence, &c., once in six months -in other towns once a year. 7. Penalty for weighing, unless hay- 8. Weight of meal per bushel. 12. Penalties how recovered and appro6. Hay-scales to be tried and sealed-in priated. It is enacted by the General Assembly, as follows: SECTION 1. In all contracts and sales of or relating to hay or any other article usually sold by weight, such contracts and sales shall be deemed to be made for nett weight and not for gross weight; and the custom heretofore in use of buying or selling one hundred and twelve pounds for a hundred, and two thousand two hundred and forty pounds for a ton is hereby abolished; and hereafter two thousand pounds shall be taken and considered to be a ton, and all parts thereof in equal proportion. SEC. 2. Every person who shall sell and deliver, and any person who shall weigh any hay or make out a bill of the weight thereof, except by nett weight, shall forfeit the sum of ten dollars. SEC. 3. The following parts of all neat-cattle purchased by the hundred weight or slaughtered by any person, such person having contracted to account for the same to the owner or seller of the same, shall be denominated weighable, viz: the whole of the several four quarters, the hide, horns and tallow. SEC. 4. Any person slaughtering or weighing any neatcattle, and being obliged to account for the same to the owner or seller thereof as aforesaid, who shall not weigh and account for all those parts of such cattle denominated weighable as aforesaid, shall forfeit and pay for every offence the sum of twenty dollars. SEC. 5. The board of aldermen of the city of Providence shall annually, in the month of April, appoint not less than six, and each town council in this state two persons, for the purpose of weighing all neat-cattle slaughtered in their respective towns, unless otherwise specially agreed between the seller and buyer. These officers shall take the oath prescribed for town officers, and shall weigh all parts of said cattle made weighable by the third section of this act, deducting therefrom for green weight not more than one pound for every hundred pounds of the weight thereof. The fees of such weigher shall be twenty-five cents per head for all cattle weighed; one half part of which shall be paid by the seller, and the other by the buyer thereof. SEC. 6. Every person who shall keep hay-scales or platform balances for public use, shall cause the same to be tried and sealed, if in the city of Providence or in either of the towns of Newport, Bristol or Warren, at least once in every six months, and if in any other place at least once in every year, by a sworn sealer of weights and measures. SEC. 7. Every person who shall keep hay-scales or platform balances for public use, or who shall weigh or suffer to be weighed in such scales or balances any article of merchandize, unless said scales or balances shall have been tried and sealed, as provided for in the preceding section, shall forfeit and pay for each and every offence the sum of twenty dollars. SEC. 8. In the sale of Indian meal or rye meal by weight, the same shall be estimated at and after the rate of fifty pounds per bushel. If any person shall sell a less number of pounds for a bushel, he shall forfeit and pay the sum of ten dollars. SEC. 9. Every rope of onions which shall be offered for sale shall weigh three pounds. If any of less weight shall be offered for sale, the same shall be forfeited; and the person offering the same for sale shall forfeit and pay for every offence the sum of twenty dollars. SEC. 10. In the sale of potatoes by weight the same shall be estimated at and after the rate of sixty pounds per bushel. SEC. 11. In the sale of onions and of all other root crops by weight, the same shall be estimated at and after the rate of fifty pounds per bushel. SEC. 12. All penalties and forfeitures incurred under this act shall and may be recovered by action of debt before any court of competent jurisdiction; one half thereof to and for the use of the state, and the other to and for the use of the person who shall sue for the same. SECTION An Act establishing a Method of Guaging. SECTION 1. Guagers may be appointed-method 3. Bung diameter. of guaging-fees. 2. Mean diameter. 4. Penalty for selling without guage. It is enacted by the General Assembly, as follows: SECTION 1. No rum, gin, molasses, winc, cider, beer, brandy, or any other liquid whatever, usually sold by measure in casks, or any other commodities sold by the gallon, shall be guaged in any other way and method than that which is commonly called "guaging by Gunter;" for which purpose proper persons shall be chosen guagers of casks, in each town where there shall be occasion for it, who shall be sworn as other officers. The fees for guaging a single cask shall be six cents, and for guaging any number of casks not exceeding ten, three cents for each cask, and for any number above ten, two cents for each cask; and the guager who shall guage any cask shall fairly mark the initial letters of his name and the quantity of the guage or contents of such cask, with branding or marking irons, on the head or bulge of each cask. SEC. 2. The rule and method to be used to find the mean diameter of any cask, in order to give the true guage thereof, shall be by multiplying the difference between the head and bung diameter, with 0-65, and adding the product to the head diameter; or, which is the same, otherwise expressed, by adding six-tenths and a half of the difference between the diameter at the bung and head, to the diameter at the head. SEC. 3. In ascertaining the bung diameter of a cask the following shall be observed, viz: the diameter of the heads of the cask shall be taken in a horizontal and perpendicular direction, the bung being uppermost, the mean diameter of which shall be taken for the diameter of the heads; if the perpendicular diameter of the heads of the cask exceed the horizontal diameter of the same, then one half of the difference shall be deducted from the measure at the bung or bung diameter; and in case the heads measure more horizontally than perpendicularly, then one half of said difference to be added to the actual measure at the bung, as the true bung di ameter. SEC. 4. Whosoever shall sell any commodity which ought to be guaged, or any commodity whatsoever in casks by guage, guaged in any other manner than is herein directed, shall forfeit the value of all the commodities so sold; one half to him who shall inform or prosecute for the same, and the other half to the use of the state; to be recovered by action of debt before any court of competent jurisdiction. SECTION An Act regulating Millers in their taking Toll. 1. Miller may take two quarts toll per bushel-penalty for taking more. SECTION 2. Duty of millers. 3. Penalties how recovered. It is enacted by the General Assembly, as follows: SECTION 1. No miller or person taking corn or grain to grind, shall take more toll for grinding the same than two quarts out of every bushel of grain brought to be ground, upon the penalty of one dollar; excepting where any miller or person erecting a mill shall contract with any town or person for a greater toll. In such case the penalty aforesaid shall accrue only when a greater toll than that contracted for shall be taken. SEC. 2. Every miller and person tending a mill shall make good meal, according to custom; and grind for each person bringing corn or grain to be ground, in his turn, upon the penalty of one dollar. SEC. 3. The penalties in this act prescribed shall be recoverable by action of debt, before any justice of the peace in the town where the same shall be incurred; one half to and for the use of said town, and the other half to and for the use of the person who shall sue for the same. An Act to prevent fraud in Fire-wood and Charcoal exposed SECTION for sale. 1. Measure of fire-wood sold by the cord. 2. Towns shall annually choose corders of wood-fees of. 3. Penalty for fraud in seller. 4. Coal baskets-dimensions of-to be sealed-penalty. SECTION 5. Town councils may appoint persons to 6. Penalty for fraud in sealer. It is enacted by the General Assembly, as follows: SECTION 1. All fire-wood offered for sale by the cord shall measure in quantity equal to a cord of eight feet in length, four feet in width and four feet in height, including one half of the kerf, and be well stowed and closely laid together. SEC. 2. Every town shall annually choose one or more persons to be corders of wood, who shall take the same engagement as other town officers do; and shall have for cording and measuring not exceeding twelve cents per cord, to be paid by the purchaser of such wood. SEC. 3. If any person shall sell any fire-wood by the cord in any quantity not well stowed and closely laid together, or shall fraudulently and falsely represent any quantity of firewood by him offered for sale to be greater, or shall sell the same for a greater quantity than the same shall actually measure, or shall otherwise commit any fraud in the sale of fire-wood, he shall forfeit and pay for each offence the sum of five dollars. SEC. 4. All baskets used in measuring charcoal brought into any town for sale shall be of the following dimensions, to wit: nineteen inches in breadth in every part thereof, and seventeen and one half inches deep, measuring from the highest part of the bottom of the basket perpendicularly to a level with the top of the basket; and every basket shall be sealed by the sealer of weights and measures of the town where the person so using the same shall usually reside, or of the town where such coal shall be so measured for sale, and shall also be well heaped; and every person who shall measure charcoal offered for sale in any basket of other dimensions than as aforesaid, or not sealed as aforesaid, shall forfeit and pay for each offence fifty cents. |