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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 diameter.
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.
An Act regulating Millers in their taking Toll.
bushel-penalty for taking more.
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 1. Measure of fire-wood sold by the cord. 5. Town councils may appoint persons to 2. Towns shall annually choose corders of seize baskets, &c. wood-fees of.
6. Penalty for fraud in sealer. 3. Penalty for fraud in seller.
7. Forfeitures how recovered. 4. Coal baskets-dimensions of-to be
sealed-penalty. 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 persons 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.
SEC. 5. The town councils in the several towns shall have power to appoint, as occasion may require, some suitable person or persons to seize and secure within their respective towns all baskets used for measuring coal that shall not be of the dimensions aforesaid and sealed as aforesaid, and to prosecute every person who shall be guilty of a breach of this act: provided, however, that no person shall be obliged to measure charcoal where the quantity shall be agreed on by the buyer and seller.
Sec. 6. Any sealer of weights and measures who shall seal any basket not being of the lawful dimensions, shall forfeit and
the sum of five dollars. Sec. 7. All forfeitures accruing under this act shall be recovered by action of debt before any court of competent jurisdiction ; one half thereof to and for the use of the person suing for the same, and the other half to and for the use of the state.
An Act relative to certain fisheries.
SECTION 1. Penalty for setting seine, &c., in the 13. No weir, &c., to be set at certain sea. river in Barrington.
sons near Point Judith Ponds breach, 2. Penalty for ditto in Easton's Pond, &c. &c. 3. Penalty for ditto in Kekemuit river. 14. Nor in Point Judith Ponds. 4. Penalty for ditto in Puncatest, alias 15. Nor in Petasquamscut River. Nomquit Pond.
16. Same subject. 5. Same subject.
17. Smelt fishery allowed. 6. Same subject.
18. Mill cove, Warwick. 7. Penalty for ditto in Seekonk river. 19. Same subject. 8. Penalty for ditto in Palmer's river.
20. Same subject. 9. Same subject.
21. Certain breaches prosecuted by indict10. Penalty for taking clams, &c., in wa ment. ters of Warren, except, &c.
22. Penalty on conviction. 11. Penalty for setting more than two lob- 23. Other forfeitures recovered by action ster pots, &c.
of debt. 12. Penalty for raising lobster pots without
It is enacted by the General Assembly, as follows:
SECTION 1. If any person shall set or draw any seine in any part of the river running from Warren river through the town of Barrington to the dividing line between the said town of Barrington and the town of Rehoboth, he shall forfeit and pay the sum of twenty dollars.
Sec. 2. If any person shall set or draw any seine or net in the pond called Easton's pond, in Newport, or in the creek adjacent to or in any of the inlets or rivers belonging thereto, he shall forfeit and pay the sum of eighteen dollars.
Sec. 3. If any person shall set or draw any seine or net in Kekemuit river, within half a mile from the place called The Narrows, he shall forfeit and pay the sum of fifteen dollars.
Sec. 4. If any person shall erect or make any weir, pot or other contrivance, to obstruct the course of fish across Puncatest, alias Nomquit pond, or any part thereof, or in any river or stream leading into or out of said pond, at any time, he shall forfeit and pay the sum of ten dollars.
Sec. 5. If any person shall haul any net or seine within Puncatest, alias Nomquit pond, or in the rivers leading into said pond, or in the breach from said pond into the sea, or within half a mile of said breach, he shall forfeit and pay
the sum of ten dollars.
Sec. 6. If any person shall set any hanging or mesh net in Puncatest, alias Nomquit pond, or in any river leading into or out of said pond, from the first day of January to the first day of August in every year, he shall forfeit and pay the sum of ten dollars.
Sec. 7. If any person shall at any time from the fifteenth day of June to the fifteenth day of January, in each year, set, or draw, or haul any net or seine, except scoop or swecp nets, through the ice, or shall erect any weir or net in Seekonk river, from Washington bridge to Pawtucket, he shall forfeit the net, seine or weir, so set, drawn or erected; to be seized and taken by warrant issued by any justice of the peace in the county of Providence, or by any competent court, upon complaint made under oath, to and for the use of the complainant; and he shall also forfeit and pay the sum of twenty dollars.
Sec. 8. If any person shall erect or continue in Palmer's river, above Kelly's bridge, any weir, dam or other obstruction to prevent the free passage of fish up said river, he shall forfeit and pay the sum of fifteen dollars for the first offence, and ten dollars for every twenty-four hours any such weir or dam or other obstruction shall be continued after the first twenty-four hours.
Sec. 9. If any person shall set or draw any seine or net in Palmer's river, above Kelly's bridge, on Sunday, Thursday, Friday or Saturday of each week, or between the setting and rising of the sun on any day, he shall forfeit and pay
the sum of fifteen dollars for every offence.
Sec. 10. If any person not an inhabitant of this state at the time shall take or carry away from the shores or waters in the town of Warren, any clams or other shell fish in any larger quantity than one bushel in any one day, he shall forfeit the sum of ten dollars.
Sec. 11 If any person not at the time an inhabitant of this state shall set or keep,or cause to be kept or set, within any of the waters, or upon or within three miles of any shore of this state,more than two pots or nets for the catching of lobsters, at any one time, he shall forfeit and pay the sum of twenty dollars for each offence.
Sec. 12 If any person shall lift or raise any pot or net set for the catching of lobsters, without permission of the owner thereof, he shall forfeit and pay the sum of ten dollars.
SEC. 13. No person shall at any time from the fifteenth day of April to the fifteenth day of June, or from the fifteenth day of August to the fifteenth day of December, in every year, erect any weir, or set or draw any net or seine for the obstructing, catching or hauling of fish, within half a mile from Point Judith ponds breach into the sea, or within said breach, or within any channel leading to said ponds from the sea, or within a quarter of a mile from the entrance of any such channel into said ponds.
Sec. 14. No weir shall be erected nor any stationary seine or net set across the channels, nor in Point Judith ponds, within a quarter of a mile from the five following places, viz: Alder Point, near where Saucatucket river vents itself into said ponds; Prince's Narrows, which connect the upper with the lower ponds; Strawberry Hill, on Great Island; High Point, so called, on land of the heirs of Joseph Sherman, and Gooseberry Hole, so called.
Sec. 15. No person shall at any time from the fifteenth day of April to the fifteenth day of June, in every year, erect any weir or draw any seine or net for the obstructing, catching or hauling of fish at the beach or entrance of Petaquamscut river, nor within one mile thereof.
Sec. 16. No weir shall be made or erected across Petaquamscut river at any time, nor shall any standing seine be set across the same.
Sec. 17. Nothing in either of the next preceding four sections shall be construed to prohibit any person from
using such nets or fishing craft for the catching of smelts as are commonly used in the smelt fishery, from the first day of February to the first day of April, in every year.
Sec. 18. If any person shall erect any dam or weir across Mill Cove, in Warwick, or from the mouth of said cove to the pond of fresh water which runs into said cove, or shall keep up any dam or weir already therein made, at any time between the first day of April and the first day of June in every year, without leaving open through such dam or weir a suffi