same, he shall forfeit for each offence the sum of fifty dollars, 1863, c. 179, § 3. one-half to the use of the city or town, and one-half to the use of the complainant. And any sealer when he shall have reasonable cause to believe that any weight, measure, milk-can, scale, balance, or beam, has been altered since the same was last adjusted and sealed, is authorized and required to enter the premises in which any such weight, measure, milk can, scale, balance, or beam is kept or used, and examine the same. 24. The city council of any city may by ordinance, and any town may by by-law, provide that the sealer of weights and measures for their respective city or town be paid by a salary, and that he account for, and pay into the treasury of the city or town, the fees received by him by virtue of his office. city council may provide to pay sealer by salary. Ibid. § 4. Sealer may be Ibid. 8. removed. 25. The mayor and aldermen of any city are authorized to remove the sealer of weights and measures at any time they may see fit. 26. No milk-can shall be sealed by any sealer which does not Milk cans to concontain one or more quarts without any fractional part of a quart. 27. This act shall not take effect in any city or town until it shall have been accepted by the city council of such city, or by the inhabitants of said town, at a legal meeting.1 28. An act passed April twenty-three, eighteen hundred and sixty-three, provides for the appointment of weighers of boilers and machinery, as follows: The mayor and aldermen, or selectmen, of any city or town where boilers and heavy machinery are sold, shall appoint one or more persons, not engaged in the manufacture or sale thereof, to be weighers of boilers and heavy machinery, who shall be sworn to the faithful discharge of their duties, and shall receive such fees as may be ordered by the board appointing them, which shall be paid by the seller, and shall be removable at the pleasure of the appointing power.2 tain even quarts. Act to be accepted. Board of aldermen may appoint weighers of boilers, &c. 1863, c. 173, § 1. ORDINANCE.3 SECTION 1. The mayor, by and with the consent of the board of aldermen, may annually, in the month of March or April, appoint three 1 Accepted by the city council, July 6, 1863. 2 By a vote of the mayor and aldermen, passed June 24, 1863, weighers of boilers and other heavy machinery, are allowed to charge for their services, under the act of April 23, 1863, a sum not exceeding fifty cents per ton. A 3 An ordinance relating to the sealing of weights and measures, passed July 6, 1863; amended June 3, 1864, January 25, 1867, October 15, 1869. Sealers of weights and measures to be July 6, 1863. July 6, 1863. Oct. 15, 1869. Sealer to be paid by Bond. Sealer shall keep book. June 3, 1864. sealers of weights and measures, who shall serve during one year, and until others are appointed and qualified in their stead, and shall have all the powers, and perform all the duties, prescribed in the laws of the commonwealth relative to the sealers of weights and measures. SECT. 2. Each sealer of weights and measures shall receive, in full compensation for his services, such salary as the city council may from time to time determine, and shall give bond, with one or more sureties, to the approbation of the board of aldermen, in the sum of three thousand dollars, with condition that he shall faithfully perform all the duties of his office. SECT. 3. Each sealer of weights and measures shall keep a book, provided by the city, which shall be divided into twenty-four columns, with subdivisions, in the following form, viz: And whenever he performs any duties by virtue of his office, he shall enter in said book, in the appropriate columns and subdivisions, all the particulars enumerated in said titles, and every June 3, 1864. SECT. 4. Each sealer shall collect, account for, and pay into the city treasury, all the fees received by him by virtue of his office, and shall make a quarterly report, under oath, to the board of aldermen, of all moneys so received and paid over, and before receiving the quarterly instalments of his salary shall deliver to the treasurer a sworn certificate that he has discharged all the duties required of him by the statutes, and has, in all respects, complied with the provisions of this ordinance. Each sealer shall, annually, on or before the tenth day of January, make a report to the city council containing a statement in detail of the expenses of his department during the preceding year, the amounts received and paid into the treasury, and the property under his charge belonging to the city. SECT. 5. No sealer of weights and measures shall sell, be the agent for selling, or receive any commission on the sales of, scales, beams, balances, platform balances, weights or measures, or receive any commission for recommending the same, or upon any part of the charge for adjustment or repairs. SECT. 6. The office of said sealers of weights and measures shall be in the city hall, and the committee on weights and measures shall provide Jan. 25, 1867. Assistant allowed. transportation for their standards. Said sealers shall make no contracts involving the expenditure of money, without first having obtained the approval of the committee on weights and meas ures. SECT. 7. Whenever it may be necessary for the proper discharge of his duty, any sealer may be allowed an assistant, to be nominated by such sealer and appointed by the board of aldermen, and such assistant shall be paid such compensation as the city council shall determine. Public wells to be provided with pumps. Dec. 30, 1833. Expense to be as sessed on persons using the same. ORDINANCE.1 SECTION 1. It shall be the duty of the board of aldermen to keep all wells belonging to the city supplied with suitable pumps, and to keep the same in good order and repair; and to assess the cost of said pumps, and the expense of keeping them in repair, and also a reasonable charge for the use of the same, annually, upon the owners. of real estate in the vicinity of such wells when the tenants thereof use the water from them; and 1 An ordinance for the repair and keeping in order the public wells and pumps, passed December 30, 1833. where the land owners are absent from the com- Dec. 30, 1833. monwealth, or are unknown, they shall assess their proportion of the same, upon the occupants of such real estate, and this assessment shall be a charge on the estate. SECT. 2. The owner or tenant of such real estate, as the case may be, being assessed as aforesaid, shall pay the amount of such assessment into the city treasury within ten days from the time of the delivery of the notice so to do; and in case of neglect to pay said amount for the space of ten days, it shall be the duty of the city treasurer to prosecute for the same. Owner of estate to be released in cer tain cases. Ibid. SECT. 3. If the said owner or tenant, being assessed as aforesaid, shall make it appear to the satisfaction of the board of aldermen, that he has, upon his own estate, a good and sufficient well of water, and that neither he, nor any tenant or occupant of his estate, has made any use of, or has any necessity to resort to, such public pump or well, in such case it shall be in the power of the board of aldermen to release such owner or tenant from the payment of such assessment; provided, always, that in such case if it is after- Proviso. wards made to appear that any tenant or occupant of such estate hath made use of said public well or pump, such owner or tenant shall be liable to pay double the amount of that, and of all other assessments, which may have been made upon such estate, if, from the circumstances of the case, the board of aldermen shall see fit to demand the same. Ibid. |