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TITLE VII.

CHAPTER 31,

SEC. 86. All hogshead staves shall be made of good white oak timber, three feet six inches long, and shall work three inches broad when dressed, clear of sap, and shall be three quarters of an inch Hogshead staves. thick on the thinnest edge, regularly split with the grain of the wood,

and shall not have more than four worm holes, and shall be otherwise

good and sufficient.

SEC. 87. All barrel staves shall be made of good white oak or Barrel staves. white ash timber, two feet six inches long, and shall work three and a half inches broad when dressed, clear of sap, and shall be threequarters of an inch thick on the thinnest edge, regularly split with the grain of the wood, and shall not have more than three worm holes, and be otherwise good and sufficient.

Hogshead head

SEC. 88. All hogshead heading shall be made of good white oak timber, two feet eight inches long, and not less than five inches broad, ing. clear of sap, two-thirds of which shall be suitable for middle pieces, and shall not be less than three-quarters of an inch thick on the thinnest edge, regularly split with the grain of the wood, and be otherwise good and sufficient.

Penalty on cul

SEC. 89. If any culler shall connive at, or be guilty of, any fraud in the culling of staves or heading, he shall forfeit the sum of fifty ler for fraud and dollars for each offence; and in case any culler of staves and head- neglect. ing shall unreasonably neglect or refuse to attend to the services required of him, when he shall be thereunto requested, he shall forfeit the sum of fifty dollars for every such neglect or refusal.

Construction of

SEC. 90. Nothing in this chapter contained shall be so construed as to render it obligatory upon any person to have any of the articles this chapter. therein mentioned, inspected; but all contracts for the sale or manufacture of any such articles, shall be deemed to be made with reference to the provisions of this chapter regulating the quality, quantity and other description thereof respectively, unless the parties shall otherwise expressly agree.

CHAPTER 31.

OF WEIGHTS AND MEASURES.

SECTION 1. The weights and measures, together with the scales Public standards and beams, and those made in conformity therewith, which are now, of weights and or may hereafter be deposited in the treasury of this state, shall be measures. preserved by the treasurer, and be the public standards.

SEC. 2. The treasurer of the state shall be the state sealer of weights State sealer, his and measures, and he shall have and keep a seal, which shall be so duties. formed as to impress the letter " M." upon the weights and measures, and scales and beams, to be sealed by him, with which he shall scal all such authorized public standards of weights and measures, and all the weights and measures, and scales and beams to be provided by the several counties, when examined by said treasurer, and found to be in conformity with the standard weights and measures and scales and beams aforesaid.

Supervisors to

SEC. 3. The board of supervisors of each county for which the same have not already been obtained, shall procure, for the use and at the procure standard 20

from state sealer,

&c.

TITLE VII.

CHAPTER 31. expense of their county, a complete set of weights and measures, and scales and beams, in exact conformity with those remaining in the state treasury; except that the same may be made of such suitable materials as the supervisor (supervisors) may direct, which shall be tried and proved by the said treasurer, and be by him sealed and certified.

County standard

with clerk; his duties.

SEC. 4. When so sealed and certified, such weights and measures, to be deposited scales and beams, shall be deposited with the county clerk, who shall be the sealer of weights and measures for the county, and the same shall be kept by him as the standard of weights and measures for the county; and the said clerk shall also provide and keep a seal similar to the seal required to be kept by the state treasurer, with which he shall seal the weights and measures, and scales and beams, to be provided by the several townships.

County standard to be tried once in five years.

When county standard to be procured by treasurer.

Standard for each township, how procured,

&c.

Tewnship sealer. his duty.

Ib.

Compensation of

SEC. 5. Once in every five years from the first day of January, eighteen hundred and forty-five, each county clerk, for the time being, shall cause the said standards in his keeping to be tried, proved and sealed by the state standards, under the direction of the state trea

surer.

SEC. 6. If the board of supervisors of any county which has not heretofore provided such standards, shall neglect for six months to provide the same, and cause them to be tried and proved, and sealed as aforesaid, and delivered to the clerk of the county, it shall be the duty of the clerk to notify the county treasurer of such neglect, and such county treasurer shall immediately provide such standards, and cause the same to be tried, proved, sealed and deposited as aforesaid, at the expense of his county.

SEC. 7. The township board of each township shall procure to be made and provided, when it shall not heretofore have been done, for the use and at the expense of the township, a complete set of weights and measures, and scales and beams, in conformity with the standards kept by the clerk of the county, which shall be tried, proved and sealed, and certified by the county clerk, by the standards remaining in his office; and such weights and measures, scales and beams, so tried, sealed and certified, shall be delivered to and kept by the clerk of the township, as standards for the township; such township standards to be made of such suitable materials as the township board shall direct; and the said board shall also provide a seal similar to the state seal, to be kept by the township clerk.

SEC. 8. The township clerk of each township shall be the sealer of weights and measures therein, and shall have the care and custody of the standard weights and measures of his township, and shall seal weights and measures, scales and beams, used within his township, after having tried and proved them by the township standards.

SEC. 9. The clerk of each township shall, once in each year, sometime in the month of April, put up a written notice in three of the most public places in the township, stating therein the time and place, when and where he will attend such of the inhabitants as live within the limits described in the several notices aforesaid, and seal all such of their great and small scales, beams, weights and measures, as are found to be accurate, and as they shall bring for that purpose.

SEC. 10. The township clerk shall be entitled to demand and retownship clerk. ceive from the person for whom the service is rendered, for trying, proving, and sealing as aforesaid, three cents for each scale, beam,

weight, or measure found not to be conformable thereto, and two cents for each [scale,] beam, weight or measure found to be conformable thereto.

TITLE VII.

CHAPTER 31.

to stores, &c.,

SEC. 11. The township clerk shall go, once in every year, to the When clerk to go houses, stores and shops of such merchants, traders, retailers of spir- and try weights ituous liquors, and of such other of the inhabitants of the township, and measures. using scales, beams, weights and measures, for the purpose of buying and selling, as shall neglect to bring or send in their scales, beams, weights and measures, and he shall there try, prove and seal the same.

SEC. 12. For the services required in the last preceding section, Double fees, the township clerk shall be entitled to demand and receive of such when to be paid. merchants or other persons, double the fees hereinbefore provided for

the like services, together with four cents for every mile he shall necessarily travel for that purpose, going out and returning home.

&c.

SEC. 13. The county clerk shall be entitled to receive from each Fees for county township clerk, a fee of three cents for the first sealing of every clerk, for sealing, weight, measure, scale or beam, and two cents for every subsequent sealing of the same.

When township

SEC. 14. If the township board of any township, after notice to them that the standard of weights and measures for the county have clerk to procure been deposited with the county clerk, shall neglect for the space of standard. six months, to provide standard weights and measures for their township as above directed, it shall be the duty of the township clerk forthwith thereafter to procure the same at the expense of the township.

SEC. 15. If any sealer of weights and measures shall neglect to per- Penalty on sealer form his duty, as prescribed in this chapter, he shall forfeit for each for neglect, &c. neglect, the sum of five dollars.

Vibrating steel

SEC. 16. The vibrating steel-yards, which have heretofore been allowed and used in this state, may continue to be used; but each yards beam, and the poises thereof, shall be annually tried, proved and sealed, by a scale (sealer) of weights and measures, like other beams and weights.

SEC. 17. When any commodity shall be sold by the hundred weight, Construction of it shall be understood to mean the net weight of one hundred pounds certain contracts. avoirdupois, and all contracts concerning goods or commodities sold

by weight, shall be construed accordingly, unless such construction

would be manifestly inconsistent with the special agreement of the parties contracting.

SEC. 18. Whenever wheat, rye, Indian corn, oats, barley, clover Weight of grains, seed, buckwheat, dried apples or dried peaches, shall be sold by the &c. to the bushel. bushel, and no special agreement as to the measure or weight thereof shall be made by the parties, the measure thereof shall be ascertained by weight, and shall be computed as follows: Sixty pounds for a bushel of wheat or clover seed; fifty-six pounds for a bushel of rye or Indian corn; thirty-two pounds for a bushel of oats; fortyeight pounds for a bushel of barley; and forty-two pounds for a bushel of buckwheat; and twenty-eight pounds for a bushel of dried apples or dried peaches.

1839, p. 218, § 9.

Measure for char

SEC. 19. The half bushel, and the parts thereof, shall be the standard measure for charcoal, fruits and other commodities, customarily coal, &c. sold by heaped measure; and in measuring such commodities, the half bushel or other smaller measure, shall be heaped as high as may be, without special effort or design.

TITLE VII. CHAPTER 32.

CHAPTER 32.

What notes ne. gotiable.

Note signed by agent.

ees, &c.

OF BILLS OF EXCHANGE AND PROMISSORY NOTES.

SECTION 1. All notes in writing, made and signed by any person, whereby he shall promise to pay to any other person or his order, or to the order of any other person, or unto the bearer, any sum of money therein mentioned, shall be due and payable as therein expressed; and shall have the same effect, and be negotiable in like manner, as inland bills of exchange, according to the custom of merchants. SEC. 2. Every note signed by the agent of any person under a general or special authority, shall bind such person, and have the same effect, and be negotiable, as provided in the preceding section.

SEC. 3. The payecs and indorsees of every such note payable to Actions by pay them or their order, and the holders of every such note payable to bearer, may maintain actions for the sums of money therein mentioned, in like manner as in cases of inland bills of exchange, and not otherwise.

Effect, when

maker, &c.

SEC. 4. Such notes made payable to the order of the maker thereable to order of of, or to the order of a fictitious person, shall, if negotiated by the maker, have the same effect, and be of the same validity as against the maker, and all persons having knowledge of the facts, as if payable to bearer.

When grace allowed.

Not if payable on demand.

Acceptance to be in writing.

Rates of ex

able without the United States.

SEC. 5. On all bills of exchange payable at sight, or at a future day certain within this state, and on all negotiable promissory notes, orders and drafts payable at a future day certain, within this state, in which there is not an express stipulation to the contrary, grace shall be allowed, except as provided in the following section, in like manner as it is allowed by the custom of merchants, on foreign bills of exchange, payable at the expiration of a certain period after date or sight.

SEC. 6. The provisions of the last preceding section shall not extend to any bill of exchange, note or draft payable on demand.

SEC. 7. No person within this state shall be charged as an acceptor on a bill of exchange, unless his acceptance shall be in writing, signed by himself or his lawful agent.

SEC. 8. Whenever any bill of exchange, drawn or indorsed within change and dam- this state, and payable without the limits of the United States, shall ages, when pay, be duly protested for non-acceptance or non-payment, the party liable for the contents of such bill shall, on due notice and demand thereof, pay the same at the current rate of exchange at the time of the demand, and damages at the rate of five per cent. upon the contents thereof, together with interest on the said contents, to be computed from the date of the protest; and said amount of contents, damages and interest, shall be in full of all damages, charges and expenses.

When payable

in another state of the U. States,

SEC. 9. The rates of damages to be allowed upon bills of exchange duly protested for non-acceptance or non-payment, if drawn or indorsed within this state, payable at any place without this state, but within the United States, shall be as follows, in addition to the contents of such bill with interest and costs, that is to say: upon all such bills payable within the territory of Wisconsin, or either of the states of Illinois, Indiana, Pennsylvania, Ohio or New York, three per cent. on the contents of the bill; if payable within either of the states of Missouri, Kentucky, Maine, New Hampshire, Vermont, Massachu

CHAPTER 33.

setts, Rhode Island, Connecticut, New Jersey, Delaware, Maryland, TITLE VII. Virginia, or the District of Columbia, five per cent., and if payable elsewhere, within any other of the United States or territories thereof, ten per cent.

CHAPTER 33.

OF LIMITED PARTNERSHIPS.

For what purpo

formed.

SECTION 1. Limited partnerships for the transaction of any mercantile, mechanical or manufacturing business, within this state, may be ses limited partformed by two or more persons, upon the terms, with the rights and nerships may be powers, and subject to the conditions and liabilities hereinafter provided; but nothing in this chapter contained shall be construed to authorize any such partnership for the purposes of banking or insur

ances.

Liabilities of general and spe

SEC. 2. Limited partnerships may consist of one or more persons, who shall be called general partners, and who shall be jointly and severally responsible as general partners now are by law, and of one cial partners. or more persons who shall contribute a specific amount of capital, in cash or other property at cash value, to the common stock, who shall be called special partners, and who shall not be liable for the debts of the partnership, beyond the amount of the fund so contributed by them respectively to the capital, except as hereinafter provided.

By whom busi ness to be trans

SEC. 3. The general partners only, shall be authorized to transact business, to sign for the partnership, and to bind the same. SEC. 4. The persons desirous of forming such partnership, shall acted. make and severally sign a certificate, which shall contain,

1. The name or firm under which the partnership business is to be conducted:

2. The general nature of the business to be transacted:

3. The namesof all the general and special partners interested therein, distinguishing which are general partners, and which are special partners, and their respective places of residence:

4. The amount of capital stock which each special partner shall have contributed to the common stock:

5. The period at which the partnership is to commence, and the period when it will terminate.

Certificate, its contents.

SEC. 5. Such certificate shall be acknowledged by the several per- How certificate sons signing the same, before some officer authorized by law to take to be acknowl the acknowledgment of deeds, and such acknowledgment shall be edged. made and certified in the manner provided by law for the acknowledgment of deeds for the conveyance of land.

filed and record

SEC. 6. The certificate so acknowledged and certified shall be filed in the office of the county clerk of the county in which the principal Certificate to he place of business of the partnership shall be situated, and shall be re- ed. corded at length by the clerk in a book to be kept by him; and such book shall be subject, at all reasonable hours, to the inspection of all

persons.

When certificate

SEC. 7. If the partnership shall have places of business situated in different counties, a transcript of such certificate, and of the acknow- to be filed and

recorded in different counties.

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