Chap. 0016 An act for preventing deceit in the gage of cask.
Whereas his majesty's good subjects within this province are greatly prejudiced in the make and measure of their cask, and particularly those of rhum and molasses ; inasmuch as the hogsheads and cask which ought to answer the gage by the rod, have been proved, and upon tryal in their drawing off, there hath been wanting seven or eight gallons, and sometimes more, in an hogshead, which persons are obliged to pay for more than they really receive ; for remedy whereof,-
Be it enacted by His Excellency the Govemour, Council and Representatives in General Court assembled^ and by the authority of the same,
[Sect. 1.] That all rhum and molasses, in cask of all sorts, from a barrel and upwards, that shall be exposed to sale, be mathematically gaged by Gunter scale, and the quantity said cask can contain, being full, to be set and marked on one head by the gager, with a marking iron ; and the said gager shall demand and receive of the owner or owners of such rhum or molasses, sixpence for every cask by him gaged, as aforesaid, and no more.
And be it further enacted,
[Sect. 2.] That the justices of the peace, at their first general quarter sessions after the publication of this act, to be holclen in each respective county in this province, and afterwards, yearly, shall in every town heedful thereof, choose and appoint a fit person or persons to be gager or gagers ; and also swear them to the due execution of their office ; which form of oath hereunder-written is hereb}' established to be given and administr'd unto the said gager or gagers as followeth ; viz.,-
Yon, A. B., being appointed a gager according to law, do swear that you will from time to time diligently and faithful!}' discharge and execute the office of a gager, within the limits whereto you are appointed, for the ensuing year, and until another be chosen and sworn in your place ; and that by and in all the particulars mentioned in the law wdiereto your office hath relation, you will do therein impartially without fear or favour.   So help you God.
[Sect. 3.] And every person or persons who shall presume to sell any rhum or molasses any otherwise than by being gaged, as this act directs, and having the gager's mark upon it, shall forfeit and pay for every cask by him or them sold contrary to the true intent and meaning of this act, the sum of five pounds ; one-half to the poor of the town where the offence is committed, and the other half to the informer who shall inform or sue for the same before any of his majesty's justices of the peace, or in any of his majesty's courts of record within this province ; any law, usage or custom to the contraiy notwithstanding.
Provided,
[Sect. 4.] That this act take place from and after the first day of April next, and continue in force until the sessions of this court in May, one thousand seven hundred and twenty-two, and no longer. [Passed December 4.