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cess thus executed, shall be as valid as if executed in the body of the county.
wet or da
[` WHEREAS, difficulties and disputes frequently arise between the 1822–(33) seller and the purchaser of cotton and other articles of merchandise, with regard to the weight, and for remedy thereof:
§ 1. Be it enacted, &c. That the judge of the county court for the Judge of county of Mobile is hereby authorized to appoint one or more suita-court to rap: ble persons, not exceeding two, who shall be known as public weigh-weighers for ers for the city aforesaid. And the person appointed a public weigher, bile. as aforesaid, before he enters upon the duties of his office, shall be Weighers to required to give bond with good and sufficient security to the judge of and take the county court aforesaid, in the sum of one thousand dollars, for the oath. faithful performance of the duties enjoined on him by this act; and shall also take and subscribe an oath, that he will without favor, partiality, or affection, discharge the duties of his office. § 2. The judge of the county court aforesaid, shall have power and Judge may
fir weigher's authority to make such rules and orders for the government and compensation of said public weigher, as to him may seem meet, and the same tion. to revoke, alter and amend from time to time, as he
deem proper; and whenever the said public weigher may be called upon by any per- Weigher son or persons to weigh cotton, or any other article that may, upon ex-mi make amination thereof, prove to be partially wet or damaged, the said pub- for articles lic weigher shall have full power and authority to decide and determine
maged. the loss of weight such cotton or other article has sustained in consequence of being weighed in a wet or partially damaged state ; and the said public weigher shall make such'allowance in the actual weight for such wet or damage as may to him appear equitable and just, between the vendor and the purchaser, or the parties interested therein; and the returns of cotton or any other article made by the public Weigher's weigher as aforesaid, after having been weighed at the scales of some
ing public weigher, shall be binding upon all parties interested therein, so far as regards the weight: Provided however, That any person or Proviso, persons whatsoever, shall at all times have the right to weigh his or iheir own cotton, or any other article, at their own scales.] § 3. On charges preferred by any person or persons feeling them- Persons ag.
grieved, may selves aggrieved by the neglect of the said public weigher, and affidavit being made in support of the same, it shall be the duty of the judge, who judge aforesaid to summon the said public weigher to appear before and try the him at such times as he may appoint; giving at least two days' no-weigher. tice, and furnishing at the same time a copy of the charges as preferred, to enable him to appear with his proof; and if on a fair investigation of the charges, from the testimony adduced, the said public weigher shall have been found guilty of any wilful neglect of the duties of his office, it is hereby made the imperative duty of the judge aforesaid, to dismiss him from office, and appoint another suitable person to fill the vacancy : Provided always, That the cost of said investigation Costs. shall be paid by the party in default : And provided also, That all Witnesses'
1 The first two sections of this act were repealed in January, 1833, and the appointment of public weighers for Mobile, given to the mayor and aldermen of the city. See hereafter, 1833—(24). But the express references to them in a subsequent part of this title, rendered their insertion indispensable,
put the weigher's bond in suit.
Dec. 24, 1824.
ed and ap
witnesses shall be entitled to the same pay, and the costs shall be colPersons in. lected, as in other cases : Provided also, That it may be lawful for jured may
any person or persons who may be injured by the conduct of the public weigher, to put in suit the bond aforesaid, in any court having jurisdiction thereof; and judgment shall be rendered for the penalty of said bond, to be discharged by payment of the amount of damages found actually to be sustained, together with costs of suit: Provided, That nothing in this act contained, shall be intended to force persons to have their cotton and other produce weighed by the aforesaid weigher, or have damages thereon assessed, unless they shall think proper so to do.
§ 4. In case any public weigher appointed for the city of Mobile,
shall take or exact a greater sum than shall be allowed by the judge than allow: of the county court of Mobile county, by the provisions of this act, missed from it is hereby made the imperative duty of said judge, on due proof, to
dismiss him from office, and appoint another suitable person to fill his
vacancy. Jan. 12, 1827. $ 5. No public weigher in the city of Mobile shall charge or take, Not to take directly or indirectly, higher fees than heretofore allowed by law, for
weighing any bale of cotton, or other article.
§ 6. If the public weigher or weighers in the city of Mobile shall lintele de for. take or receive any other or higher fees than those now fixed by law,
for weighing the articles therein specified, in the acts fixing their comthirty dolls.
pensation, he or they shall shall forleit and pay the sum of thirty dolHow recover. lars for each offence, to be recovered in the name of the person or plied.
persons, or of the firm or firms of merchants aggrieved, before any justice of the peace having cognizance thereof, and one half of the sum so recovered shall be paid to the person aggrieved, and the other half to the county treasurer of said county, for the use and benefit of
the county of Mobile. 1833—(24) § 7. The first and second sections of an act approved December 31,
1822, entitled, “ An Act authorizing the judge of the county court Mobile, for of Mobile county to appoint public weighers in the city of Mobile," appointment
are hereby repealed.
$ 8. Five public weighers shall be elected by the mayor and alder
men of the city of Mobile, whose duty it shall be to weigh all cotton elected, how.
or other articles, when applied to for that purpose, with scales or balances that have been compared with the standard, and certified there. with.
$ 9. The public weighers so elected, shall, before they enter on the discharge of their duties, take an oath before some person, authorized to administer the same, that they will weigh all dry cotton cori
orrectly, with weights corresponding with the standards, and that they will return the true weight without any deduction, and that they are not, nor will not, either directly or indirectly, be interested in the sale or purchase of cotton weighed by them.
§ 10. When any dispute shall arise in relation to deductions on wet Their duty
or damaged cotton, such deductions shall be made by any two or more of such public weighers ; such additional weighers shall be entitled to the same compensation for their services as is allowed to other weighers by this act, to be paid by the party in the wrong.
g 11. The public weighers shall receive as full compensation for
weighing and marking cotton, six and one fourth cents per bale, and weighing.
$ 12. The judge of the county court of Baldwin county, is hereby Weigher for authorized to appoint one or more suitable persons, not exceeding two,
who shall be known as public weighers for the town of Blakely.
mer mode of
abolished. Ib. Sec. 2. Five to be
I. Sec. 3. Oath to be taken by them.
and compen. sation, in certain cases.
Ib. Sec. 5.
no more. Jan. 10, 1826. Sec. 1.
the town of Blakely.
$ 13. The public weigher to be appointed by virtue of this act, shall rd. See. 2. be required to give bond to the same amount, payable to the judge of Bond. the county court of Baldwin county, for the faithful performance of the duties assigned him, and be subject to the same penalties and lia- Under what bilities, under the direction of the judge of the county court aforesaid, and respons as the public weighers of the city of Mobile are subjected to, by “An sibilities. Act authorizing the judge of the county court of Mobile county to appoint a public weigher in the city of Mobile," passed December thirtyfirst, one thousand eight hundred and twenty-two; and by an act entitled “ An Act to alter and amend an act authorizing the judge of the county court of Mobile county to appoint a public weigher in the city of Mobile," passed December twenty-fourth, one thousand eight hundred and twenty-four.
a See g 1, 2, 3, § 14. It shall not be lawful for any public weigher in the city of Mo- 70. Sec. 3. bile or town of Blakeley, to charge for labor, marking, &c. but shall Cocharge al. only be entitled to the sum of six and one fourth cents, for each bale marking
bales, &c. so weighed by him.
WEIGHTS AND MEASURES.
distribute standards to
§ 1. The treasurer of the territory is hereby authorized and requir- 1807—(13) ed to procure, as soon as may be, at the public expense, one set of Treasurer to weights and measures, viz: one weight of fifty pounds, one of twenty- neral standfive, one of fourteen, two of six, two of four, two of two, and two of uveigh
weights and one pound, avoirdupois weight, according to the standard of the United measures. States, if one be established, but if there be none such, according to the standard of London, with proper scales for weights, together with measures, one of the length of one foot, and one of one yard, cloth measure, and the measures of one half bushel, one peck, and one half peck, dry measure ; also the measures of one gallon, one of half a gallon, one of one quart, one of one pint, one of half a pint, and one of one gill, wine measure, according to the above named standard; and the said weights, measures, and scales, shall be deposited with the said treasurer, to serve as a general standard for weights and measures within this territory, until otherwise directed by congress.
§ 2. When the aforesaid weights, measures, and scales, shall be Treasurer to provided as aforesaid, the treasurer shall cause to be made or procured for each county within this territory, at the public expense, one set of the counties. scales, weights and measures, and the last mentioned weights and measures shall be compared by the said treasurer, with the aforesaid general standard, and when found to agree therewith, shall be forthwith transmitted by him to the clerks of the several county courts in this territory.
$ 3. The said weights, measures, and scales, shall be kept by such County person in each county, as the county court shall direct, who shall take
how kept. the following oath, viz : " I, A. B., do solemnly swear (or affirın, as the case may be,) that I will in all things act with justice and faithfulness in my appointment as keeper of the standard of weights and measures for the county of
according to law, to the best of my skill and judgment: So help me God." And immediately after such appointment, the clerks of the several county courts shall make known the same by advertisement, to be fixed at the door of the court-house, and also by inserting the same in one of the public gazettes of this territory. And all persons desirous of trying their weights and measures, Private may resort to the aforesaid county standard for that purpose, and if
selling by other than standard
ing act. I. Sec. 2.
to be sent and kept.
how tried by they are found true, the persons appointed to keep the said standard,
shall seal them with a seal, to be provided by the county court, at the Fees. expense of the county; and the persons appointed in the several coun
lies, to keep the said county standard, shall be entitled to receive, for trying every steelyard and giving certificate therefor, and for trying any other weights and measures, and sealing the same, fifty cents each, to be paid by the person for whom such service is rendered or
done. Penalty for § 4. After the appointment of a person to keep the said county
standard shall have been made as aforesaid, every person or persons
who shall sell any commodity whatever, by weight or measure, that weights and
shall not correspond with the said county standard, or shall keep any such for the purpose of buying or selling with, shall, for every such offence, forfeit and pay the sum of ten dollars ; recoverable before any justice of the peace, by any person who shall sue for the same, and
applied to his own use. 1815—(10) $ 5. The treasurer of the territory, is hereby authorized and re
quired, to procure, as soon as may be, at the public expense, six sets procure six of weights and measures, as described in the act entitled “ An Act
establishing weights and measures in the Mississippi Territory," passa The preced. ed February 4, 1807.a
§ 6. When the sets of weights, measures, and scales shall have been Places where procured by the treasurer, as authorized by this act, one set shall be
conveyed at the public expense to Huntsville, in Madison county; one other set to some place on or near Pearl River; one other set to the town of St. Stephens; one other set to the town of Mobile; one other set to the town of Woodville ; and the sixth set to the town of Port Gibson, and be placed in the hands of some person to be appointed by the governor; and the sets of weights and measures heretofore procured,
shall be forth with delivered to some person residing in the city of Keepers to Natchez, to be appointed in the manner above described. And the
keepers of weights and measures, hereby authorized to be appointed, shall, previously to entering upon the discharge of their duties, take the oath or affirmation prescribed in the third section of the act above recited, and the said keepers shall, immediately after their appointment, make known the same by advertisement, to be fixed at the door of the court-house of the counties in which they reside, and also by inserting the same in the nearest newspaper published in this territory. And immediately after the appointment of the said keepers, all persons residing in any part of this territory, and desirous to try their weights and measures, may resort to any of the aforesaid standards for that purpose; and if they are found true, the keeper of any of the said standards shall seal them with a seal, to be procured by the said treasurer at the expense of the territory; and the persons appointed keepers as aforesaid, shall be entitled to receive the fees prescribed by the third section of the act above recited, for the services therein specified.
$ 7. After public notice of the appointment of the keepers of weights to be adopted
and measures, hereby authorized to be made, every person residing in within three this territory, who shall sell any commodity whatever by weight or
measure, that shall not correspond with the standard hereby establishPenalty. ed, shall, for every such offence, forseit and pay the sum of fifty dol
lars, recoverable before any justice of the peace, to be paid to the
county treasurer for county purposes. 1820——(12) $ 8. The elerks of the county courts of each county in this state,
shall, immediately after the passage of this act, procure from Hunts
ville, St. Stephens, or Mobile, one set of measures, according to the cure standard Standard of measures provided for in the Mississippi Territory, and the
Ib. Sec. 3. Standards
months after notice.
Which shall be adver
Penalty for selling by
same shall be the lawful measures of the state of Alabama, that is to say: one half bushel, one peck, and one half peck, dry measure ; to be made of good and durable wood: also one set of liquid measures, that is to say : one of a gallon, one of half a gallon, one quart, one pint, one half pint, and one gill, to be made of tin, pewter, or copper; which said measures shall be deposited in the clerk's office in each county, and kept by said clerks.
§ 9. After the above named measures are procured, the clerk of 1b. Sec. 2. each county court as aforesaid, shall make kdown the same, by advertisement at the door of his court-house, or place of holding court : tised. and all persons, who shall hereafter keep measures for the purpose of Private measelling by said measures, shall present all such measures to the clerk, compared who shall examine the same, and on finding them to agree with the with standmeasures herein directed to be procured, shall stamp or brand the same with the initials A. S. And the said clerk may claim and receive twelve and a half cents for each measure so branded or stamped : Provided, nothing in this act shall be so construed as to operate on Proviso. any measure or weight heretofore tried by said standard of weights and measures, and stamped under the laws of the Alabama Territory.
§ 10. If any person shall sell by any other measures than those 1). Sec. 3. pointed out by this act, he or she shall, for every
such offence, pay the sum of ten dollars, to be recovered before any justice of the peace any other in the county where such offence may be committed ; and the sum so recovered, shall be paid over to the person suing for the same.
$ 11. The clerks of the several county courts are hereby made the fb. Sec. 4. keepers of the measures herein named ; and before they or either of Clerks to be them enter on the duties of that office, they shall take and subscribe measures. the following oath, to be administered by any justice of the peace of said county : “I --, do solemly swear, that I will in all things Keeper's act with justice and faithfulness in my appointment as keeper of the measures for said county, according to law, and to the best of my skill and judgment:-So help me God.”
$ 12. All expenses that may be incurred in procuring said mea- Tb. Sec. 5. sures, for the several counties in this state, shall be paid by the trea
procuring surer of the county, to the clerk for procuring the same : and this measures to act shall continue in force, until altered by the state, or until the the county United States shall pass a law fixing a standard for measures.
$ 13. The secretary of state is hereby authorized and required to pro- 1828–(13) cure as soon as may be, at the expense of the state, one set of weights
Secretary of and measures of best materials, for each county in this state, each set state to proto consist of one weight of fifty pounds, one of twenty-five, one of four-weights and teen, one of seven, two of four, two of two, and two of one pound, measures for avoirdupois weight, according to the standard established by an act of each county, the Mississippi territory, passed February fourth, eighteen hundred and seven,a with proper scales for weights, together with measures, (a Above, one of the length of one foot, and one of one yard, cloth measure;
1807-(13.) and the measures of one half bushel, one peck, and one half peck, dry measure; also the measures of one gallon, one of half a gallon, one of one quart, one of one pint, one of half a pint, and one of one gill, wine measure, according to the above mentioned standard, which shall be the standards of weights and measures in this state, till otherwise provided by congress; and the said secretary of state shall cause to be delivone set of the said weights and measures to be distributed to each ered to clerks county in this state, and delivered to the clerks of the several county courts. courts, as soon after procuring the same as it can be done with convenience.