Ordinance, 25 February 1843–B

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An Ordinance, concerning a Market on Main Street.
Sec. 1. Be it Ordained by the City Council of the City of , That the Mayor of the be, & he hereby is authorised to contract with any competent person, to furnish materials for, and erect and finish a good, susbstantial, & convenient market house for this , on the ground that shall be selected for that purpose by the City Council, which said building shall be built on the most approved plan, and Cost not less than five hundred dollars.
Sec. 2. When said Market House shall be finished, the Mayor is hereby Authorized to make, execute, and deliver unto the competent person building the market house aforesaid, a lease of the same for five years, for and as a full consideration to him for the materials furnished, and labor bestowed in and about the erection & finishing said building by said Person as aforesaid; and that said competent person may lease out the Stalls thereof at public auction in this , to the highest bidder, for such period of time as he may think best, within the five years above mentioned; and the rents and profits arising from the same during the said five years shall be payable to, and for the sole uses of the said competent person aforesaid, for the consideration aforesaid; and at the expiration of said term said competent person shall surrender the possession of said Market House, in good Order, to the Market Master of this , or to such other Person as the City Council shall direct.
Sec. [p. 163]
Sec. 3. That as soon as said Markethouse shall be completed, and the Stalls thereof leased & furnished with good wholesome meats for sale and delivery, that from & after that time a Market shall be established in this , and no person or persons shall vend sell or buy any fresh meat or meats at any other place in this than at the Markethouse aforesaid, and every person offending against this section shall forfeit and pay to the twenty dollars for each offence, with Costs, provided however, any person may sell by the quarter in this at any other place, and that nothing in this Ordinance or in the lease to be given to said competent person as may be contracted with by the Mayor as aforesaid, shall be so construed as to prohibit or in any manner obstruct the right of the City Council of this from building an addition to said market house, and leasing the Stalls thereof, or from establishing in this any other market or markets whenever the City Council shall be of opinion that the interest of the inhabitants of this shall require either to be done, and this proviso, shall be inserted in the lease to be given by the Mayor to the competent person contracted with aforesaid.
Sec. 4. That the market shall be held in said market house every Monday, Wednesday, and Friday, or every day except Sunday, to be regulated by the City Council.
Sec. 5. There shall be a passage lengthwise through the entire market house ten feet in width, & the space between the Piers or Pillars shall be deemed Stalls for Butchers, which Stalls may extend from each side of the building towards the centre thereof, so as to leave the space for passage aforesaid.
Sec. 6. That all that space of ground outside the market house & under the Eaves of the same, may be used free of charge, for the Sale of Fish, Poultry, butter [p. 164] butter, eggs, and vegetables, and that the roof of said building shall extend over the outside of the house so as to cover about four feet of ground on each side thereof.
Sec. 7. No vegetables, eggs, or poultry of any kind shall be sold or bought within this during market hours, except at the market or markets in this , every person who shall violate this section shall forfeit and pay to this two dollars with Cost of suit.
Sec. 8. No person or persons shall obstruct the passages of the market with Wheelbarrows or other Articles during market hours under the penalty of two dollars, to be recovered with Cost of Suit for this .
Sec. 9. That all Lessees or occupiers of Stalls shall keep the same clean and free from any disagreeable smell, and shall cleanse the same as often as necessary, and every person for a failure to comply with the provisions of this section shall forfeit and pay to the the penalty of two dollars for each offence.
Sec.10. It shall be the duty of the market master of this to superintend the market and put in force all the Ordinances of this concerning markets, or having relation thereto; he is hereby authorized, if required by any one, to weigh, measure, try and examine all butter, lard, fruit, and other articles of provision offered for sale, in lump, parcels, tubs, or other vessel, or vessels, and all weights and measures in said market; and in case the same are less than the required weight or measure, then to seize the butter lard weights or measures or other articles aforesaid so found deficient, and sell the same at auction, and pay the avails thereof into the City Treasury, provided, that the owner of the Article or Articles so seized may appeal to the Mayor of the who shall hear try & determine the [p. 165] the same, making such disposition of the matter as he shall deem just and right in the premises, the market master shall do and perform all things belonging to the Office of Clerk of markets or market masters, within this , he shall enforce obedience to all rules and regulations herein contained, and to such others as from time to time shall be ordained respecting the market; he shall prevent all unsound and unwholesome provisions from being sold or exposed for sale, by seizing the same and making such disposition thereof as the Mayor shall Order or direct; and shall try all Seals weights and measures used in market, and shall enforce the payment & recovery of all penalties and forfeitures which by any law or ordinance are inflicted on any Person offending against the rules and regulations of the market, and shall decide all disputes that may arise between buyer and seller, touching the weight, measure, or quality of things bought and Sold.
Sec. 11. That the market aforesaid shall be open of a morning at day light, and during summer months shall close at 11 OClock in the morning, and in the Winter at one OClock afternoon each market day, nothing herein contained shall prohibit the butchers from opening market and selling meats between sunset and nine OClock at night to Steamboats, and also selling to Citizens every saturday night to ten OClock at night, if they shall think necessary.
passed feb.y. 25th. 1843.
Joseph Smith, Mayor.
, Recorder. [p. 166]