THE SEALER OF WEIGHTS AND MEASURES. OFFICE. In the foregoing chapter we have concisely contemplated the offices and duties of the Inspectors of Commodities in the course of which we were essentially constrained to be guided by the directions of the several statutes relating to the same. AIthough we may not have elucidated their official duties, or added any thing new respecting them; yet we feel persuaded, that the mode in which we have presented them to the reader, will not be altogether destitute of common utility; inasmuch as it is important in a commercial point of view, that not only our inspectors of commodities, but our citizens at large, should be introduced to a familiar acquaintance with our " Inspection Laws." As relevant to this topic, it may not be improper that we should furnish a sketch of the act, entitled "an act to regulate weights and measures," passed March 19th, 1813. The provisions of this act will be deemed peculiarly calculated to arrest attention, when it is considered that its rudiments are sanctioned by the precepts of an inspired legislator thus inculcated: "Thou shalt not have in thy bag divers weights, a great and a small. Thou shalt not have in thy house divers measures, a great and a small, But thou shalt have a perfect and just weight, and a perfect and just measure; that thy days may be lengthened in the land which the Lord thy God giveth thee." Appointment. Besides the secretary of state, who is ex-officio the state sealer of weights and measures, and three assistant state sealers, one of whom shall reside in the city of New-York, one in the city of Albany, and one in the county of Oneida, to be appointed by the council as the occasion may require, there shall be appointed one county sealer of weights and measures in each county in this state, by the board of supervisors of the respective counties, at their annual meeting in October, to continue in office during pleasure, and one town sealer of weights and measures in each town in this state, shall be elected at the annual town meetings, who shall continue in office for one year and until another shall be appointed in his stead. D d Oath of the County and Town Serler. Before either of them enter on the duties of his office, he shall take and subscribe an oath or affirmation before one of the justices of the supreme court, or one of the judges of the court of common pleas or justice of the peace of the county in which he resides, "well and truly, according to the best of his skill and ability, to perform the duties enjoined on him by the act, entitled "an act to regu-, late weights and measures;" and shall cause the certificate of the oath so taken to be filed in the clerk's office of his county. STATUTORY PROVISIONS AND DECLARATIONS. It is provided by statute, that no person shall use any weights, measures, or beams, in weighing or measuring, which shall not be conformable to the standard of this state, whereby any purchaser of any commodity, or article of trade or traffic, shall be injured or defrauded, on pain that an action on the case may be maintained against the offender, in any court having cognizance thereof; and that if judgment shall be rendered for the plaintiff, he shall recover treble damages against the defendant, with costs of suit. State Standard. The act declares, that the standard for ascertaining all beams, weights and measures throughout this state, until otherwise provided by Congress, shall be that now in the office of the secretary of this state-That there shall be one just beam, one certain weight and measure, for distance and capacity, that is to say: avoirdupoise and troy weights, bushels, halfbushels, pecks, and quarts, and gallons, quarts, pints and gills, and one certain rod furlong measure, according to the standard in use in this state on the day of declaration of independence thereof That the several State standard weights, beams and measures, shall be made of iron, brass or copper, as the secreta ry shall direct; and the several County standard weights and measures, shall be made of such materials as the several boards of supervisors shall direct; and the several Town standard weights and measures, shall be made of such materials as the supervisors of each town shall direct-And that no surveyor give evidence in any cause pending in any of the courts of this state, or before arbitrators respecting the survey of measurment of land, unless such surveyor shall make oath, if required, that the chain or measure used by him in surveying or measuring such lands was conformable to the standard measure of this State: shall THE SEALER OF WEIGHTS AND MEASURES. 215 DUTIES OF COUNTY AND TOWN SEALERS. It is the duty of the County Sealer, at the expence of his county, within six months after notice of his appointment from.. the clerk of the supervisors, and after receiving from the county treasurer, by their order, so much money as may be necessary for the purpose, to procure a complete set of the said standard weights and measures, for the use of his county, and after having procured the same, to deliver to the said clerk a statement in writing of the expence thereof, and that such standard is in his possession. And it is the duty of the Town Sealer at the expence of his town, within six months after his election, and after having received sufficient money for the purpose, to procure a complete set of the said standard weights and measures for the use of his town; and having procured the same to deliver to the clerk of the town such statement in writing as before specified. It is the further duty of the County Sealer to impress the several town standard weights, measures and beams, with such device, in addition to the state and county device, as the board of supervisors shall direct for the several towns-He must receive from the county clerk, the standard brass yard measure which such clerk shall have received from the secretary of state, for the use of the county; and it is made the duty of such clerk to deliver the same to such county sealer accordingly-He must also compare his standard weights and measures, with one of the state standards, once at least in seven years. And the Town Sealer must compare his town standard with the county standard once at least in three years. In case of removal, resignation or death. Whenever any county or town sealer shall remove or resign, it is his duty to deliver such standard to his successor in office; and in case of death, his executors or administrators must in like manner deliver the same. On neglect or default in the premises, such successor may maintain an action on the case against such person se removing or resigning, or against his executors or administrators, as the case may be, and receive double the value of such standard, or such parts thereof as have not been so delivered, with double costs of suit the one half to be retained by the plaintiff, and the other half to be applied to the purchase of such standard beams, weights and measures as may not be delivered over as aforesaid. FEES. ; Each of the sealers of weights and measures within this state shall be entitled to receive for his services, in sealing and marking measures and beams, which shall from time to time be brought to him for that purpose, twelve and a half cents, and for every weight and every small liquid measure, three cents, over and above a reasonable compensation, for making them con form to the standard established by law. OMISSIONS. Between the first and second paragraphs in page 18, read In relation to the said statute law of England it is only material to note, that by the act of this state for the amendment of the law, passed April 5, 1813, it is declared that none of the statutes of England or Great Britain shall be considered as laws of this state. Also, page 120, in continuation of Note, read: "And that se much of the eleventh section of the act, entitled "an act for the recovery of debts to the value of twenty-five dollars," as exempte the defendant's body from execution, be, and the same is here by repealed." END OF PART FIRST AN ACT CONCERNING OATHS. Passed February 25th, 1813. 4. Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That every person who shall hereafter be elected a member of the senate or of the assembly of this state, before he takes his seat, and every person who shall hereafter be elected governor or lieutenant-governor of this state, and every person who shall hereafter be appointed to any office, civil or military, before he enters upon the execution of his trust or office, shall and hereby is required to take and subscribe the following oath, that is to say: "I do solemnly, without any mental reservation or equivocation, swear and declare, (or affirm, as the case may require) that I renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state or sovereignty whatever, and that I will bear faith and true allegiance to the state of New-York, as a free and independent state." II. And be it further enacted, That every person who shall hereafter be elected governor or lieutenant-governor of this state, and every president of the senate who shall at any time administer the government of this state, shall also, before he enters upon the execution of his trust or office, take the following oath of office, to wit: "I elected governor, (lieutenant-governor or president of the senate, as the case be) of the state of NewYork, do solemnly swear and declare, that I will in all things, to the best of my knowledge and ability, faithfully perform the trust reposed in me as governor, (lieutenant governor or president of the senate as the case may be) of the state of New-York, by executing the laws, and maintaining the peace, freedom and independence of the said state, in conformity to the powers delegat. ed unto me by the constitution of the said state. III. And be it further enacted, That the president of the court for the trial of impeachments and the correction of errors, and |