1739 law -
- Clerk to be in "constant attendance" each day at the market, primarily concerning honest weights
That a public market shall be held kept in Charlestown, on every day of the week, (Sundays excepted,) at the place whereon a new market-house has been lately built, which is commonly reputed to be the place appointed, established and laid out for a market place in the original plot or model of Charlestown ; and the said place shall be held, deemed and taken to be, the public market in Charles town, for selling and exposing to sale beef, mutton, veal, lamb, pork and other butchery wares, and for the resort of all or any of the inhabitants of this Province, for buying any of the provisions sold or exposed to sale therein. And that if any person or persons usually following the trade and occupation of a butcher, shall sell, or expose to sale, any butcher's meat aforesaid, in any other place in Charlestown, or within one mile thereof, than in the market place aforesaid, every such person or persons so offend ing, and being thereof convicted before the commissioners, or any three of them, hereafter mentioned, or the majority of them, on the oath or solemn affirmation of one or more persons, shall forfeit the meat so ex posed to sale, and pay the sum of five pounds, current money,
And all and every butcher and butchers, poulterer and poulterers, country planter, victualler, lader, kidder, or other person whatsoever, shall and may there sell, utter and put to open shew or sale, his or their beef, mutton, veal, lamb, pork, or other butchery wares, poultry, fish, and other provisions whatsoever, upon every day of the week except Sundays, from the rising of the sun, all the year long, as long as he or they shall furnish the said market with good and wholesome flesh and other provisions.
Note: Engrossing, forestalling and regrating were marketing offences in English common law. The terms were used to describe unacceptable methods of influencing the market, sometimes by creating a local monopoly for a certain good, usually food.
And for as much as all forestalling and regrating is odious at the common law, and ought by all due ways and means to be discouraged and prevented ; and in regard the appointment of the said market is principally intended for the benefit and advantage of house-keepers, to buy for their own use at the first hand and at moderate and reasonable rates . . .False Weights
And forasmuch as divers persons have heretofore sold by false weights and measures, or offered to sell butter and other commodities at less than sixteen ounces to the pound, to the manifest injury and wrong of the inhabitants of the said town, and other persons buying provisions in the said market; for remedy whereof for the future, Be it further enacted by the authority aforesaid, That all weights and measures that shall be used in the said town and market, shall be made agreeable to the standard of exchequer, and shall be marked and sealed by the clerk of the said market, who shall be allowed a fee for the doing thereof, as is hereinafter limited and appointed ; and no person or persons whatsoever shall presume to buy or sell in Charlestown aforesaid, any commodities commonly bought or sold by averdupoise weight or measure, under the said standard, or with weights not sealed or marked, or not justly made, according to the stand ard aforesaid, or by or with unjust and false scales and beams . . .
And whereas, the said clerk of the said market will be at some trouble in attending and discharging his duty in the said market, for which clerk. a reasonable allowance ought to be made to him. Be it further enacted by the authority aforesaid, That the said clerk of the market shall be allowed and paid by the owner or person selling in the market, or elsewhere in Charlestown, the rates following, that is to say : — for every ox, steer or cow, one shilling and three pence ; for sealing every weight, six pence ; for sealing every measure, six pence ; for trying every weight, measure, beam or scales, six pence ; for weighing every quarter of beef, (if required) six pence ; for weighing every hog, (if required,) six pence. And in case any person or persons who shall sell any of the said provisions in the said market, or shall use any weights or measures in the said town for buying or selling, shall refuse or neglect to pay the said rates, fees and proportions to the said clerk of the market for the time being, the said clerk of the market shall and may recover the same by a warrant from the commissioners, or any three of them.
That all and every person or persons who shall sell, or offer to sale, by weight, any meat in the said market, and have no weights or scales of their own hanging be weighed, in the said market, shall have their meat weighed in the scales belonging to the said clerk of the market, and in no other scales, under the penalty of forfeiting the sum of one pound to the use of the said clerk, to be recovered and levied as aforesaid.Slaves acting as merchants at the market
And be it further enacted by the authority aforesaid, That if any negro or other slave belonging to any person or persons living or residing within the parish of St. Phillip's, Charlestown, or who usually retail provisions in the said parish, shall sell or expose to sale, any rice, corn, poultry or other provisions, (fresh fish excepted,) without a ticket from his, her or their respective master, mistress, overseer or employer, particularly enu merating the goods so exposed to sale, that it shall and may be lawful for any white person to seize such goods, and to apprehend and bring such slave or slaves before the aforesaid commissioners, . . . .
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