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TITLE 2.

16. how made

&c.

Ib. divided in

to ounces.

Standard gallon defined.

Ib. how made, &c.

Other mea

sures of capacity.

Bushel defin

cd.

Heaped mea

sure.

Ib.

Dry articles

not heaped.

39. Such standard pound weight shall be made of brass, and in case of loss, shall be restored by making a new standard, determined according to the proportions mentioned in the last section, under the direction of the state sealer of weights and measures.

$10. The pound shall be divided into sixteen equal parts, called ounces, of which parts the cubic foot of distilled water, under the same circumstances, mentioned in the eighth section, shall weigh one thousand.

$11. The unit or standard of measures of capacity, as well for liquids, as for dry commodities, not measured by heaped measure, from which all other measures of capacity shall be derived and ascertained, shall be the gallon, which shall be a vessel of such capaci ty, as to contain, at the mean pressure of the atmosphere, at the level of the sea, ten pounds of distilled water, at its maximum density.

$ 12. Such standard gallon shall be made of brass, and in case of loss, shall be restored according to the proportions mentioned in the last section, under the direction of the state sealer of weights and

measures.

$ 13. All other measures of capacity shall be derived from the gallon, by continual multiplication or division by the number two, being in the descending scale, half gallons, quarts, pints, half pints, and gills; and in the ascending scale, pecks, half bushels, and bushels. S 14. The bushel shall contain, at the mean pressure of the atmosphere, at the level of the sea, eighty pounds of distilled water, at its maximum density.

$ 15. The standard measure of capacity for coal, ashes, marl, manure, Indian corn in the ear, fruit and roots of every kind, and for all other commodities, commonly sold by heaped measure, shall be the aforesaid bushel; and the measures used to measure such commodities, shall be made round, with a plain and even bottom, and shall be of the following diameters at top, measured from outside to outside: the bushel, nineteen and a half inches; the half bushel, fifteen and a half inches; and the peck, twelve and a third inches.

$16. All commodities sold by heaped measure, shall be duly heaped up in the form of a cone, the outside of the measure by which the same shall be measured, to be the extremity of the base of such cone, and such cone to be as high, as the articles to be measured, will ad

mit.

$17. The measures used for measuring dry commodities not heaped, shall be stricken with a round stick or roller, straight, and of the same diameter from end to end.

Future con $ 18. All contracts hereafter to to be executed, made within this

tracts how

construed.

state, for any work to be done, or for any thing to be sold, delivered, done, or agreed for, by weight or measure, shall be taken and con

strued, to be made according to the standard weight and measures TITLE 2. thus ascertained.

ing duties to

$ 19. Nothing contained in the present Title shall prevent the Liquora paysale of liquors and wines, paying duties to the government of the Uni- U. s. ted States, by the measures of capacity used in its custom-houses, while in the original casks or other vessels in which the same were imported.

standards

$ 20. The original standards, which shall be made in conformity to original the provisions of this Title, shall be deposited in the office of the state sealer in a chest, under three locks, whereof the keys shall be kept by the chancellor, the chief justice, and the state sealer for the time being; which chest shall only be opened in the presence of two of such officers, for the sole purpose of comparing such standards with the copies herein after described; unless by a joint resolution of the two houses of the legislature, or on the call of either house for information, or by order of the governor for scientific purposes.

of how dis

$21. Copies of the said original standards, to be made of such Copies therematerials as the state sealer shall direct, shall be deposited by him in posed of. the offices of the clerks of the supreme court at New-York, Albany and Utica, in chests under two locks, whereof the keys shall be kept by a judge and the clerk of the court; which chests shall only be opened in the presence of such judge, for the purpose of comparing such copies with the copies herein after directed to be deposited with the county clerks for general use; unless by a joint resolution of the two houses of the legislature, or on the call of either house for information, or by order of the governor for scientific purposes.

$ 22. Copies of such original standards for general use, to be made ь. of such materials as the state sealer shall direct, shall be deposited by him, in the offices of the assistant state sealers, the sealer of the city and county of New-York, and the several county sealers, who shall severally be responsible for the preservation of the copies respectively delivered to them, and shall cause them to be compared, once every five years, with the copies existing in the offices of the clerks of the supreme court.

$23. Like copies of such original standards, shall be transmitted Ib. by the state sealer, to the several county sealers, to be furnished by them to the town sealers in their respective counties, at the expense of the towns.

county co

S24. The state sealer shall cause to be impressed on each of the Devices on copies of such original standards, the letters N. Y. and such other ad- pies. ditional device, as he shall direct for the particular county; which device shall be recorded in the secretary's office, and a copy thereof delivered to the respective county sealers.

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TITLE 2.

Devices on

$25. The several county sealers of weights and measures, except in the city and county of New-York, shall furnish the town sealer of town copies each town, in their respective counties, with copies of such standards at the expense of the town, on which the county sealer shall impress, in addition to the state device and the county device, such other device, as the board of supervisors shall direct, for the several towns in the county; which town device shall be recorded in the clerk's office of the county.

Town copies

to be com

pared.

how sealed

$ 26. It shall be the duty of the town sealers of weights and measures, to compare such copies once in every three years, with those existing in the office of the county sealer.3

Weights, &c. $27. The several assistant state sealers, the sealer of the city and and marked. county of New-York, the county sealers, and town sealers, shall compare all weights and measures, which shall be brought to them for that purpose, with the above mentioned copies of such standards in their possession; and when the same are found or made by him to conform to the legal standard, the officer comparing them, shall seal and mark such weights and measures.1

Fees of seal

ers.

Sealer resign ing, &c. to

ards.

$28. Each sealer shall be entitled to receive for his services, at and after the following rates:

For sealing and marking every beam, twelve and a half cents: For sealing and marking measures of extension, at the rate of twelve and a half cents per yard, not to exceed fifty cents for any one

measure.

For sealing and marking every weight, three cents:

For sealing and marking liquid and dry measures, if the same be of the capacity of a gallon, or more, twelve and a half cents; if of less than a gallon, three cents. He shall also be entitled to a reasonable compensation for making such weights and measures conform to the standard established by this Title.1

$29. Whenever either of the assistant state sealers shall resign, be deliver stand- removed from office, or remove from the city of Albany or the county of Oneida; or whenever any city, county, or town sealer shall resign. be removed from office, or remove from the city, county or town for which he shall have been appointed or elected, it shall be the duty of the person so resigning, removed or removing, to deliver to his st cessor in office, all the standard beams, weights and measures in his possession.

Ib. sealer dying, &c.

Pensity for neglect.

$30. In case of the death of any such sealer of weights and mee sures, his representatives shall, in like manner, deliver to his succes sor in office, such beams, weights and measures. 5

$31. In case of refusal or neglect to deliver such standards entire and complete, the successor in office may maintain an action on the

(3) 1 R. L. 377, § 7. (4) Ib. § 8. (5) Ib. § 11.

case against the person or persons so refusing or neglecting, and recov- TITLE 3. er double the value of such standards as shall not have been delivered. And in every such action, in which judgment shall be rendered for the plaintiff, he shall recover double costs."

how applied.

$32. One moiety of the damages recovered in every such action Damages shall be retained by the person recovering; and the other shall be by him applied to the purchase of such standards, as may be required in his office.

weights, &c.

able to this

$ 33. If any person or persons shall hereafter use any weights, mea- Using sures, or beams, in weighing or measuring, which shall not be con- not conform formable to the standards of this state, established in this Title, where- Title. by any purchaser of any commodity or article of trade or traffic, shall be injured or defrauded, such purchaser may maintain an action on the case against the offender; and if judgment shall be rendered for the plaintiff, he shall recover treble damages, with costs of suit."

make oath.

$34. No surveyor shall give evidence in any cause depending in Surveyors to any of the courts of this state, or before arbitrators, respecting the survey or measurement of lands, unless such surveyor shall make oath, if required, that the chain or measure used by him, was comformable to the standards of this state, established by law at the time such survey was made.8

S35. The hundred weight shall consist of one hundred pounds tundred avordupois, and twenty such hundreds, shall constitute a ton.

weight and

ton.

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$36. Whenever wheat, rye, or Indian corn shall be sold by the Standard bushel, and no special agreement as to the measurement or weight weight of thereof, shall be made by the parties, the bushel shall consist of sixty pounds of wheat, and of fifty-six pounds of rye, or Indian corn."

$37. In the counties of Kings, Queens and Richmond, fourteen Load" in bushels of heaped measure, shall be estimated to make a load. 10

Kings, &c.

surers.

$38. The several measurers of grain shall be entitled to receive Fees of meafor measuring flaxseed, wheat, rye, corn, buckwheat, or any other article commonly sold by the bushel, one half cent per bushel and no more; the one half to be paid by the buyer and the other half by the seller.11

TITLE III.

OF THE MONEY OF ACCOUNT.

SEC. 1. Public accounts to be kept in money of account of United States.

2. Judgments, &c. to be in dollars and cents; omission of fractions not erroneous. $1. All accounts and other computations of money in the treasury Currency of and other public offices, whether state or local, and all accounts aris

(6) 1 R. L. 377, § 11. (7) Ib. § 12. (8) Ib. § 10. (9) 2 R. L. S24, § 13. (10) Laws of 1821, p. 26, § 3. (11) 1R. L. 152, § 3.

U.S. adopted

TITLE 3. ing from proceedings in courts of justice, shall be kept and made out, in the money of account of the United States, that is to say: in dollars or units, dimes or tenths, cents or hundredths, mills or thousandths; a dime being the tenth part of a dollar, a cent the hundredth part of a dollar, and a mill the thousandth part of a dollar. 12

Sums in judgments und decrees.

$2. In all judgments or decrees rendered by any court of justice, for any debt, damages or costs, and in all executions issued thereon, the amount shall be computed, as near as may be, in dollars and cents, rejecting lesser fractions; and no judgment, or other proceeding, shall be considered erroneous for such omissions.12

CHAP. XX.

Of the Internal Police of this State.

TITLE 1. Of the relief and support of indigent persons.

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TITLE 6. Of the support of bastards.

TITLE 7.-Of the importation into this state of persons held in slavery, of their exportation, of their services, and prohibiting their sale.

TITLE 8. Of the prevention and punishment of immorality, and disor

TITLE 9.
TITLE 10.

derly practices.

Of excise, and the regulation of taverns and groceries.
Of the navigation of rivers and lakes, and the obstruction of
certain waters.

TITLE 11.-Of fisheries generally, and particularly in Hudson river, and
at and below the city of New-York.

TITLE 12. Of wrecks.

TITLE 13. Of the law of the road, and the regulation of public stages.
TITLE 14. Of the firing of woods.

TITLE 15. Of the embezzlement of timber floating.

TITLE 16.-Of the preservation of deer and certain game and animals.
TITLE 17.—Of dogs.

TITLE 18. Of the destruction of wolves, and other noxious animals.
TITLE 19. Of brokerage, stock-jobbing, and pawn-brokers.
TITLE 20.—Of unauthorised banking, and the circulation of certain notes
or evidences of debt issued by banks.

TITLE 21.-Of insurances on property in this state made in foreign coun
tries, and by individuals and associations unauthorised by
law.

(12) 1 R. L. 169.

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