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for record in any of the national breed associations shall, before such use, be tested for accuracy of measurement and for accuracy of the per cent scale market thereon, at the Louisiana Agricultural Experiment Station. Such bottles, pipettes or measuring glasses as are correct shall be marked in permanent marks or characters, which shall be proof that they were so tested; but in correct [incorrect] bottles, pipettes or measuring glasses shall be destroyed. The person owning such bottles, pipettes or glasses shall pay the actual expense of testing the accuracy of same. Such mark or character as the Louisiana State Experiment Station shall select as its official mark for tested bottles, pipettes or glassware shall be used only by the Louisiana Agricultural Experiment Station and its use by any other person or persons is strictly prohibited.
Rev. Stats., 1916, ch. 48, p. 737.
Sec. 1 (a1913). Commissioner of agriculture shall be sealer of weights and measures; standard weights and measures of the United States shall be standards in this state. The commissioner of agriculture shall be the State sealer of weights and measures.
The standard weights and measures furnished by the Government of the United States in accordance with the joint resolution of Congress approved June fourteenth, eighteen hundred and thirty-six, and any additions thereto and renewals thereof certified to by the United States Bureau of Standards, and weights, measures, balances and apparatus added by the State sealer of weights and measures and verified by the United States Bureau of Standards, shall be the standards of weights and measures through this State.
Sec. 2. Standards shall be kept at the statehouse; State standards shall be kept in good order; shall compare standards in cities and towns once in five years.—The standards adopted by the State shall be kept at the statehouse under the supervision of the State sealer and shall not be removed or used except for the adjustment of a set of working standards that are copies of the original standards or for scientific purposes or to be verified by the National Bureau of Standards. The State sealer shall maintain the State standards in good order and shall submit them at least once in ten years to the National Bureau of Standards for certification. He shall at least once in five years
. cause the standards of the several cities and towns to be compared and corrected to conform with the State standards.
Sec. 3. Shall establish tolerances in this State; other powers and duties.--The State sealer of weights and measures shall after consultation with, and with the advice of, the National Bureau of Standards, establish tolerances for use in this State, and said tolerances shall be the legal tolerances of the State. He shall have general supervision of the weights and measures, and weighing and measuring devices of the cities and towns of the State, and cause the enforcement of all laws pertaining to weights and measures in use in the State and may appoint such agents as he desires to assist in the enforcement.
Sec. 4, as amended by Laws, 1919, ch. 6, p. 6. State sealer shall enforce provisions of law.—He shall enforce the provisions of law requiring municipal officers to procure and maintain standards of weights and measures, and the appointing of a sealer of weights and measures. He may appoint a deputy who shall have the authority conferred by the two following sections, and may appoint inspectors with authority to perform any part or all of the duties provided in sections five and six.
Sec. 5 (a1913). State sealer shall visit cities and towns to inspect work of local sealers.—He or his duly appointed deputy shall visit the various cities and towns in the State in order to inspect the work of the local sealers, and may at all times inspect and test the weights, measures and balances of any person, firm, association or corporation used, or to be used, in purchasing from or selling to the public any goods, wares, merchandise or other commodities; if any such weights, measures or balances are found to be inaccurate or defective, he shall forthwith cause the same to be corrected or condemned.
Sec. 6. May test commodities offered for sale for correct weight.-He or his duly appointed deputy may, at irregular intervals, examine commodities sold or offered for sale and test them for correct weight, measure or count, and bring complaint for violations of sections eight to twenty-five, both inclusive, of this chapter. He, or his duly appointed deputy may for the purpose stated above, and in the general performance of his or their official duties, have access without formal warrant to any stand, place, building or premises, or may stop any vendor, peddler, junk dealer, coal wagon, ice wagon, or any person for the purpose of making the proper tests.
Sec. 7 (1911). Record and report.-He shall keep a record in detail of the work of his office and shall annually, on or before the first day of December, make a written report of the work and the expenses of his office to the governor and council. Laws, 1917, ch. 33, p. 27.
Powers of local sealers of weights and measures increased.—That all local sealers of weights and measures and their deputy sealers in cities and towns shall have the same power that is given the State sealer of weights and measures and deputy State sealer by section six of chapter forty-eight of the Revised Statutes. Revised Stats., 1916, ch. 48, p. 737.
Sec. 8, as amended by Laws, 1917, ch. 61, p. 48. Municipal officers to elect for indefinite term; removable only for neglect; State sealer to have jurisdiction.--The municipal officers of each town shall elect a sealer of weights and measures, also a deputy sealer if necessary, not necessarily a resident therein, and said sealer and deputy shall hold office during their efficiency and the faithful performance of their duties and shall be removed by said officers only for neglect of duty. The State sealer of weights and measures shall have jurisdiction over said sealer or deputy sealer, and any vacancy caused by death or resignation shall be filled by election by said municipal officers within thirty days; for each month that said municipal officers neglect their duty they severally shall forfeit ten dollars. Within ten days after each such election the clerk of each city or town shall communicate the name of the person so elected to the State sealer of weights and measures, and for neglect of this duty shall forfeit ten dollars. Such sealer of weights and measures in any town may be sealer for several towns if such is the pleasure of the municipal officers therein, provided such action received the approval of the State sealer of weights and measures.
Sec. 9 (a1913). Treasurers of each town shall keep town standards.The treasurers of each town, at the expense thereof, or jointly with the treasurers of adjacent towns, shall constantly keep as town standards a set of beams and weights and measures subject to the approval of the State sealer and conformable to the State standards. Said treasurers shall cause all beams and weights and measures belonging to their towns to be proved and sealed by the State standards once in five years, beginning the first day of January, nineteen hundred thirteen, and for every neglect of said duty they forfeit one hundred dollars.
Sec. 10. Cities may own scales; appoint weighers and deputy sealers. Any city may purchase and keep for use scales for weighing hay and other articles, appoint weighers and fix their fees, to be paid by the purchaser. The municipal officers of cities and towns may appoint a deputy sealer of weights and measures to hold office during their pleasure and fix his compensation. Such deputy shall act under the direction of the sealer of weights and measures in the municipality, and shall have the same authority as the sealer in the performance of his duties.
Sec. 11. City and town sealers shall keep records of weights and measures sealed, etc.; shall make annual report. The several city and town sealers and other persons authorized to inspect weights and measures shall keep records of all weights and measures, balances and measuring devices inspected, sealed or condemned by them, giving the name of the owner or agent, the place of business, the date of inspection and kind of apparatus so inspected, sealed or condemned. He shall make an annual report, duly sworn to, on or before the first day of November of each year, to the State sealer, giving in addition to the above an inventory of the standards and apparatus in his possession, and such other information as he may deem important, or as the State sealer may require.
Sec. 12 (a1915). Duty of sealer to receive and receipt for standards; penalty for neglect.—The person appointed as provided in section eight, shall receive the standards and seal from the treasurer, giving a receipt therefor, describing them and their condition, and therein engaging to re-deliver them at the expiration of his office in like good order; and he shall be accountable for their due preservation while in his possession. For every neglect of any duty prescribed by this chapter he shall forfeit ten dollars.
Sec. 13 (1899). Sealers shall give notice of times and places for sealing; weights and measures.—The sealers of weights and measures in the several cities and towns shall annually give public notice by advertisement, or by posting in one or more public places in their respective cities and towns notices to all inhabitants or persons having usual places of business therein and who use weights, measures or balances for the purpose of selling any goods, wares, merchandise or other commodities or for public weighing to bring in their weights, measures and balances to be adjusted and sealed. Such sealers shall attend in one or more convenient places and shall adjust, seal and record all weights, measures and balances so brought in.
Sec. 14. Sealers shall visit persons who neglect to comply.—After giving said notice the said sealers shall go to the houses, stores and shops of persons who neglect to comply therewith, and having entered the same with the assent of the occupants thereof, shall adjust and seal their weights, measures and balances.
Sec. 15. Shall visit once a year all having scales and test same.-Said sealers shall go once a year and oftener if necessary, to every hay and coal scale, to every platform balance within their respective
cities and towns that can not be easily or conveniently removed, and shall test the accuracy of and adjust and seal the same.
Sec. 16. All scales, weights, and measures may be tested any time. All persons using any scales, weights or measures for the purpose of buying or selling any commodity, may, when they desire it, have the same tested and sealed by the sealers of weights and measures at the office of any of said sealers.
Sec. 17. If sealer can not seal any weights, etc., he may mark to show inspection; use of weights, etc., that can not be adjusted by sealers, forbidden. In case a sealer of weights and measures can not seal any weights, measures and balances in the manner before provided, he may mark them with a stencil, or by other suitable means so as to show that they have been inspected; but he shall in no case seal or mark as correct any weights, measures or balances which do not conform to the standards. If such weights, measures or balances can be readily adjusted by such means as he has at hand, he may adjust and seal them; but if they cannot be readily adjusted, he shall affix to such weights, measures or balances a notice, forbidding their use until he is satisfied that they have been so adjusted as to conform to the standards; and whoever removes said notice without consent of the officer affixing the same, shall for each offense forfeit a sum not less than ten dollars and not exceeding fifty dollars.
Sec. 18. Sealer shall be furnished with appliances for testing weights, etc., by towns and cities.-A sealer when visiting the place of business of any person for the purpose of testing any weights, measures or balances, may use for that purpose such weights, measures or balances as he can conveniently carry with him, and each city and town shall furnish its sealer with one or more duplicate sets of weights, measures and balances, which shall at all times be kept to conform to the standards furnished by the State, and all weights, measures and balances so sealed shall be deemed to be legally sealed the same as if tested and sealed with the standard weights, measures and balances.
Sec. 19. False weights and measures may be seized.—A sealer of weights and measures may seize without a warrant such weights, measures or balances as may be necessary to be used as evidence in cases of violation of the law relating to the sealing of weights and measures, such weights, measures or balances to be returned to the owners, or forfeited as the court may direct.
Sec. 20. Proceedings, when complaint is made, that incorrect weight, etc., are being used; penalty for using weight, etc., after refusal of permission to test.—When a complaint is made to a sealer of weights and measures by any person that he has reasonable cause to believe or when such sealer himself has reasonable cause to believe that a weight, measure or balance used in the sale of any commodity within his city or town is incorrect, the said sealer shall go to the place where such weight, measure or balance is and shall test the
and mark it according to the result of the test applied thereto; and if the same is incorrect and can not be adjusted, the said sealer shall attach a notice thereto, certifying that fact, and forbidding the use thereof until it has been made to conform to the authorized standard. Any person using a weight, measure or balance after a sealer has demanded permission to test the same, and has been refused such permission shall be liable to a penalty of not less than ten, nor more than one hundred dollars.