County Standard to be deposited

duties.

plete 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 Supervisors may direct, which shall be tried and proved by the said Treasurer, and by him sealed and certified.

(1244.) SEC. 4. When so sealed and certified, such weights with Clerk; his and measures, 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.

Standard to be

Treasurer.

(1245.) 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 Treasurer.

When County (1246.) SEC. 6. If the Board of Supervisors of any county. procured by 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.

Standard for each Township, how procured, etc.

(1247.) 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.

his duty.

(1248.) SEC. 8. The Township Clerk of each township shall Township Sealer, bethe 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.

(1249.) SEC. 9. The clerk of each township shall, once in Ibid. each year, some time 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.

Township Clerk.

(1250.) SEC. 10. The Township Clerk shall be entitled to compensation of demand and receive from the person from 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.

to Stores, etc.,

(1251.) SEC. 11. The Township Clerk shall go, once in every When Clerk to go year, to the houses, stores and shops of such merchants, and try Weights traders, retailers of spirituous liquors, and of such other of and Measures. the inhabitants of the township, 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 them.

when to be paid.

(1252.) SEC. 12. For the services required in the last pre- Double Fees, ceding section, the Township Clerk shall be entitled to demand and receive of such 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.

Clerk, for Sealing,

(1253.) SEC. 13. The County Clerk shall be entitled to Fees of County receive from each Township Clerk a fee of three cents, for etc. the first sealing of every weight, measure, scale, or beam, and two cents for every subsequent sealing of the same.

Clerk to procure

(1254.) SEC. 14. If the Township Board of any township, When Township after notice to them that the standard of weights and measures Standard. for the county have been deposited with the County Clerk, shall neglect, for the space of six months, to provide standard weights and measures for their township, as above directed, it

Penalty on Sealer for neglect, etc.

Vibrating Steelyard.

Construction of

shall be the duty of the Township Clerk forthwith thereafter to procure the same at the expense of the township.

(1255.) SEC. 15. If any Sealer of weights and measures shall neglect to perform his duty, as prescribed in this chapter, he shall forfeit, for each neglect, the sum of five dollars.

(1256.) SEC. 16. The vibrating steelyards, which have heretofore been allowed and used in this State, may continue to be used; but each beam, and the poises thereof, shall be annually tried, proved, and sealed, by a Sealer of weights and Measures, like other beams and weights.

(1257.) SEC. 17. When any commodity shall be sold by the certain contracts. hundred weight, it shall be understood to mean the nett weight of one hundred pounds 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.

Weight of Grains, etc., to the Bushel.

(1258.) SEC. 18. Whenever wheat, rye, Indian corn, oats, barley, clover seed, buckwheat, dried apples, or dried peaches, shall be sold by the 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; forty-eight 1839, p. 218, Sec. 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.

9.

(1259.) SEC. 19. The half bushel, and the parts thereof, shall be the standard measure for charcoal, fruits, and other commodities, customarily 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 especial effort or design.

gotiable.

2 Hill, 59.

(1260.) SECTION 1. All notes in writing, made and signed by What Notes noany person, whereby he shall promise to pay to any other person or his order, or to the order of any other person, or unto 7 Metcalf, 588. the bearer, any sum of money therein mentioned, shall be due 5 Cowen, 185. and payable as therein expressed; and shall have the same 3 Comstock, 19 effect, and be negotiable in like manner, as inland bills of exchange, according to the custom of merchants.

23 Wendell, 71

Agent.

(1261.) SEC. 2. Every note signed by the agent of any per- Note signed by son under a general or special authority, shall bind such person, and have the same effect, and be negotiable, as provided in the preceding section.

ees, etc.

(1262.) SEC. 3. The payees and indorsees of every such Actions by pagnote payable to 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.

(1263.) SEC. 4. Such notes made payable to the order of the maker thereof, 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.

(1264.) SEC. 5. On all bills of exchange payable at sight, or

Effect, when pay

a

able to order of maker or fictitious person

3 Hill, 112.

2 Sandf. S. C.R

When grace al- at a future day certain, within this State, and on all negotiable

lowed.

6 Hill, 174.

4 Metcalf, 203.

6

do 13.

Not if payable on demand.

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.

(1265.) SEC. 6. The provisions of the last preceding section 8 Johnson, 189, shall not extend to any bill of exchange, note or draft payable

374.

Acceptance to be

in writing.

1 Hill, 82.

2

328.

change and dam

able without the United States.

on demand.

(1266.) SEC. 7. No person within this State shall be charged Sand. S. C. R. as an acceptor on a bill of exchange, unless his acceptance shall be in writing, signed by himself or his lawful agent. Rates of Ex- (1267.) SEC. 8. Whenever any bill of exchange, drawn or ages, when pay indorsed within this State, and payable without the limits of the United States, shall 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.

(1268.) SEC. 9. The rates of damages to be allowed upon bills of exchange duly protested for non-acceptance or nonpayment, if drawn or endorsed 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, Massachusetts, Rhode Island, Connecticut, New Jersey, Delaware, Maryland, 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.