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thereof who shall offer to pay for the weighing of the same, refuse or decline to have the same weighed by a public weigher in the town where said purchaser resides, shall be fined five dollars.
Sec. 361 (a1889). Duties of measurers of wood.—The selectmen of each town may appoint annually, and oftener if necessary, two or more of its inhabitants to be measurers of wood offered for sale within the town, who shall be duly sworn, and receive such compensation for their services as the town may prescribe; and any of them, on request of the owner of any wood so offered for sale, shall, without delay, measure it and sign and give him a certificate of its quantity. Pub. Acts, 1919, ch. 295, p. 2961.
Sec. 1. Standard barrel to be used for apples.—The standard barrel * for apples shall be of the following dimensions when measured without distention of its parts: Length of stave twenty-eight and one-half inches; diameter of head seventeen and one-eighth inches; distance between heads twenty-six inches; circumference of bulge sixty-four inches, outside measurement; and the thickness of staves not greater than four-tenths of an inch; provided any barrel of a different form having a capacity of seven thousand and fiftysix cubic inches shall be a standard barrel. The standard box for apples shall be of the following dimensions, by inside measurement: Eighteen inches by eleven and one-half inches by ten and one-half inches, without distention of its parts, and shall have a capacity of not less than two thousand one hundred and seventythree and one-half cubic inches.
Sec. 3. Packages containing apples to be marked.—Every closed package of apples packed or repacked in the State and intended for sale, either within or without the State, shall have marked in a conspicuous place on the outside of the package in plain letters the following statements in the order named: (1) The name of the State where grown; (2) the name of the grade as specified in section two of this act; (3) the minimum size of the apples contained therein; (4) a true statement of the quantity of the contents; (5) the name of the variety; (6) the name and address of the person by whose authority the apples were packed. If the true name of the variety shall not be known to the person by whose authority the apples were packed, then such statement shall include the words “Variety unknown.” Every closed package of apples which is repacked shall bear the name and address of the person by whose authority the apples are repacked in place of that of the original owner.
Sec. 6. Marking on barrels to be in block letters.—The branding or marking of barrels under the provisions of this act shall be in block letters and figures of a size not less than one-half inch in height.
Sec. 8. Adulterated packages, defined. For the purposes of this act, apples packed in a closed package shall be deemed to be adulterated if their measure, quality or grade does not conform in every particular to the brand or mark upon or affixed to the package, or if the faced or shown surface gives a false representation of the contents of the package.
* See footnote, p. 20, relative to the Federal standard barrel.
Sec. 13. Terms "person” and “closed package," defined. The word “person” as used in this act shall include persons, firms, corporations, societies and associations, and the acts of agents and employees shall be construed to be the acts of their principals and employers as well as of the agents and employees. The words “closed package " shall mean a barrel, box or other container the contents of which cannot be sufficiently seen for the purposes of inspection without opening the container. Gen. Stats., 1918, Vol. 2, ch. 346, p. 1825.
Sec. 6720, as amended by Pub. Acts, 1921, ch. 37, p. 3081. Providing standard time for State and municipalities. The standard of time for the seventh-fifth meridian west of Greenwich shall be the standard of time for this State, and no department of the State government and no municipality or subdivision of the State, shall employ any other time or adopt any ordinance, by-law or order providing for
other than the standard of time.
Rev. Code, 1915, ch. 82, p. 1361.
Sec. 2914 (a1909). State chemist custodian of weights and measures; duties of.—The State chemist is made the custodian of the standard weights and measures of the United States, belonging to this State, together with balances for adjusting duplicate standards.
The State chemist is required to keep the same in good order, and shall, upon demand, try and prove the duplicate standards of weights and measures belonging to the several counties, by and with the originals in his custody and shall cause them to be made uniform and correct.
Sec. 2915. Standard.—The standard weights and measures of the United States, now deposited in the custody and office of the State chemist, are the true and legal standards for this State; and the duplicate thereof, deposited with the several prothonotaries, are true duplicate standards by which all weights and measures, used within this State, shall be tried and regulated.
Sec. 2916 (1893). County regulators, term and oath; bond.-A regulator of weights and measures for each county shall be appointed by the governor for the term of four years. The said regulator shall be sworn, or affirmed, to perform the duties of his office faithfully and impartially. He shall within thirty days, from his appointment, give bond to the State, with sufficient surety, to be approved by the governor, in the sum of one thousand dollars, conditioned for the faithful performance of the duties of his office; and if such bond be not filed in the secretary's office within the time aforesaid, his commission shall be void.
Sec. 2917, as amended by Laws, 1915, ch. 216, p. 635. Duties of regulator of weights and measures in Kent and Sussex Counties; without charge.--In Kent and Sussex Counties he shall visit, at least once during the year, every incorporated town in his county, for the purpose of regulating, by and with the duplicate standards aforesaid, without charge, any weights and measures, scales, balances, or other weighing apparatus, that may be in use; and shall stamp the same plainly with the letter “S," and the initial of his county should the same be correct.
Sec. 2918, as amended by Laws, 1919, ch. 196, p. 522. Further duties of regulator; powers of regulator; to hold as evidence.—He shall, in like manner, at all other times, regulate such weights and measures, scales, or balances, as may be brought to him, or of which he may have knowledge. And he shall diligently inquire for all unstamped weights and measures, scales and balances, which are used within his county for buying or selling.
Each regulator shall have power, within his respective jurisdiction, to test all instruments and devices used in weighing or measuring anything sold or to be sold. Such test shall include all appliances connected or used with such instruments or devices. For the purpose of making such test, each regulator, at any reasonable time and without formal warrant, may enter upon any premises; and may, on any public highway, stop any vendor or dealer, or the agent or servant of such vendor or dealer, or stop any vehicle used in delivering any commodity which is weighed or measured as delivered. He may condemn and mark as condemned, or may seize, any false or illegal instrument or device used, or intended to be used, in weighing or measuring. If he shall seize any such instrument or device, he shall retain possession thereof until it shall have been used as evidence in any prosecution under the laws of this Commonwealth relating to weights and measures. After the determination of such prosecution the false or illegal instrument or device shall be destroyed, unless otherwise ordered by the proper court.
Whenever he shall see fit so to do, or whenever he shall be so requested the regulator of weights and measures in Kent or Sussex County shall weigh any quantity of coal or ice on its way to or in process of delivery and the expense of weighing same shall be paid to him by the levy court of the county upon presentation of a receipted bill therefor, showing the payment thereof by him.
Sec. 2919, as amended by Laws, 1915, ch. 216, p. 635. Misdemeanor, when. If any person in Kent or Sussex Counties, shall buy, sell, or barter, by any weight or measure, scale, balance, or other weighing apparatus, that has not been duly regulated and stamped, or if any person shall make, or use, a false stamp, or brand, for stamping weights, or measures, he or she shall be fined twenty-five doslars and pay
in addition thereto the costs in the case. One-half of said fine when recovered shall be paid to the informer.
Sec. 2920, as amended by Laws, 1915, ch. 216, p. 635. Compensation of the regulators.—The regulators shall be paid for their services, annually, six hundred dollars in New Castle County and fees as hereafter provided, six hundred dollars in Kent and Sussex Counties, said stated salaries to be allowed by the levy court of the respective counties and paid as other county charges.
Sec. 2921, as amended by Laws, 1915, ch. 216, p. 635. Duties of regulator in New Castle County; powers.—He shall, as often as he may deem necessary, go to all stores, offices, booths, stalls or other places of business in his county, where any beams, scales, weights and measures are used for the purpose of buying or selling any goods, chattels or other things, and test and adjust or cause to be tested and adjusted (if possible) all such beams, scales, weights and measures, and stamp the same plainly with the letter “S” and the initial of his county and the current year. He shall also, in like manner, at all other times, test and adjust such beams, scales, weights and measures as may be brought to him for that purpose. The said regulator shall have the same powers prescribed in 2918, section 5 of this chapter.
Sec. 2922 (1893). Fees for trying and adjusting weights and measures; fees; collection of fees.-For which trial and adjustment the said regulator for New Castle County, in addition to the salary already allowed by law, shall demand and receive from the proprietors or owners of all such weights, and beams, and scales, and measures, the following fees, to wit: For the trial and balancing of every set of scales, eight cents; for every patent balance, fifteen cents; for every set of coal or hay scales, one dollar each; for every set of platform scales which draws five hundred pounds or under, fifty cents, and an additional sum of five cents for every one hundred pounds not exceeding two thousand pounds, and any platform scale drawing over two thousand pounds shall be classed as coal or hay scales; for every yard measure, two cents; for every bushel measure, ten cents; for every half-bushel measure, seven cents; for every peck and halfpeck measure, five cents; for every quarter peck measure, three cents; for every gallon, half-gallon, and quart measure, three cents each; for every pint measure, or less, two cents; for every weight of twentyeight pounds or more, eight cents; for every weight less than twentyeight pounds, two cents, and an additional charge or fee for labor or materials furnished for adjusting said beams, scales, weights and measures to be fixed by agreement between the regulator and the owner or user thereof; provided, always, that the said regulator shall only be entitled to one-half of the above fees for stamping such beams, scales, weights and measures as he shall find to be correct after testing the same. The said regulator may collect by suit, before any justice of the peace, all fees prescribed by this section from the proprietors or owners of such scales, beams, weights or measures, which he has adjusted.
Sec. 2922a, as enacted by Laws, 1915, ch. 216, p. 635. Annual fees.For every fee collected under the provisions of 2922, section 9 of this chapter, the said regulator shall give a receipt therefor and no person, copartnership, firm or company shall be required to pay more than one fee in any one year, provided, however, the provisions of this section shall in no way be deemed to restrict the number of visits which the said regulator shall deem necessary to make during any one year.
Sec. 2923 (a1909). Seizure of false measures, etc.—The said regulator of weights and measures for New Castle County is required to immediately seize and deliver to the attorney general all false beams, scales, weights and measures that he may find within the county, which he is unable to adjust, together with a written report giving such information in regard thereto as may be required of him by the attorney general; and the regulator of weights and measures shall be paid one-half of the fee for such services as is provided for in the trial and adjustment of beams, scales, weights and measures by section 9 [sec. 2922] of this chapter; and all the provisions of this chapter relating to the inspection of beams, scales, weights and measures in New Castle County used for the purpose of buying or selling shall also extend to all such beams, scales, weights and measures as are or may be used in said county for ascertaining weights and measures for the purpose of charging for freight, tonnage, transportation, commission and all other charges, when such charges are regulated by weight or measure.
Sec. 2924. Penalty; disposition of fines.- In case any user or owner of such beams, scales, weights and measures, within the county of New Castle, in this State, shall refuse or neglect to comply with any of the requisitions which the said regulator is by this chapter authorized or directed to make or shall knowingly sell or buy any false beams, scales, weights, or measures; or shall purposely alter