The inspector shall keep an itemized list of all fees collected by him in pursuance of this title, and at the end of each month he shall turn said fees and said itemized list over to the State treasurer and take his receipt therefor. Sec. 5512. Further duties of State inspector; State standards, preservation and verification; report; inspection of city standards and work of local sealers; police powers; record of inspection; bond.-The State inspector of weights and measures shall take charge of the standards adopted by this title as the standards of the State, and cause them to be kept in a fireproof building belonging to the State (or in a safe and suitable place in the office of the inspector), from which they shall not be removed except for repairs or for certification; and he shall take all other necessary precautions for their safe-keeping. He 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 two years try and prove by the State standards all standards, weights, measures and other testing apparatus, which may belong to any city, and shall seal such when found to be accurate by stamping on them the letter "A" and the last two figures of the year, with seals which he shall have and keep for that purpose. He shall procure, at the expense of the State, a portable set of weights and measures, balances and other necessary testing appliances, to be used in the inspection of all weights, or measures, weighing or measuring devices, owned by the State, or by any person, firm, or corporation, or by any agent, lessee, or employee thereof, in all precincts, towns or cities with a population of not more than five thousand nor less than nine hundred inhabitants according to the latest official State or United States census. He shall compare such portable set of weights and measures, balances, and other necessary testing appliances, with the State standards, at least once annually, and in the event such portable set of standards is found to be inaccurate, he shall cause it to correspond with the State standards in his custody. He shall have and keep a general supervision of the weights, measures, and weighing and measuring devices, offered for sale, sold, or in use in the State. He shall upon the written request of any citizen, firm, corporation, or educational institution in the State, test or calibrate weights, measures, or other weighing or measuring devices and instruments or apparatus used as standards in the State. He shall at least once annually test all scales, weights, and measures, used in checking the receipts or disbursements of supplies in any institution for the maintenance of which moneys are appropriated by the legislature, and he shall report in writing his findings to the supervisory board, and to the executive officers of the institution concerned, and, at the request of such board of executive officers, the State inspector of weights and measures shall appoint one or more employees then in the actual service of such institution, who shall act as special deputies for the purpose of checking the receipts or disbursements of supplies. He shall keep a complete record of the standards, balances and other apparatus, belonging to the State, and take a receipt for the same from his successor in office. He shall annually on the first day of June make to the governor a report of the work done by his office. The State inspector shall inspect all standards and apparatus used by the cities at least once in two years, and shall keep a record of the same. He shall at least once every year visit the various cities of the State having city sealers, in order to inspect the work of such local sealers, and in the performance of such duties he may inspect the weights, measures, balances, or any other weighing or measuring appliances, of any citizen, firm, or corporation, and shall have the same powers as the local sealer of weights and measures. It shall be the duty of the State inspector, and he is hereby empowered, in all precincts, towns, or cities of not less than nine hundred, nor more than five thousand inhabitants according to the latest official State or United States census, and in all other places and precincts whenever request is filed with his office so to do, to inspect, test, try and ascertain if they are correct, at least once a year, and as much oftener as he may deem necessary, all weights, scales, beams, measures of every kind, instruments or mechanical devices for weighing or measuring, and tools, appliances, or accessories, connected with any or all such instruments kept, offered, or exposed for sale, sold, or used, or employed, within the city by any proprietor, agent, lessee or employee, in proving the size, quantity, extent, area, or measurements, or quantities, of things, produce, or articles for distribution or consumption offered or submitted by any such person or persons for sale, hire, or award; and he shall have the power to and shall from time to time, weigh or measure packages or amounts of commodities of whatsoever kind kept for the purpose of sale, offered for sale, or sold, or in the process of delivery, in order to determine whether the same contains the amount represented, and whether they be offered for sale or sold in a manner in accordance with law. He may for the purpose above mentioned and in the general performance of his official duties, enter and go into or upon, and without formal warrant, any stand, place, building or premises, or stop any vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon, or any dealer whatsoever, and require him, if necessary, to proceed to some convenient place for the purpose of making the proper test. When the State inspector finds a violation of the statutes relating to weights and measures, he may cause the violator to be prosecuted. When the inspector compares weights or measures, or weighing or measuring instruments, and finds that they correspond with the standards in his possession, he shall seal or mark such weights or measures, or weighing or measuring instruments with appropriate devices. He shall condemn and seize, and may destroy incorrect weights or measures, or weighing or measuring instruments which in his best judgment are not susceptible of satisfactory repair; but such as are incorrect and yet may be repaired he shall mark or tag as condemned for repairs." The owner or users of any weights or measures, or weighing or measuring instruments of which such disposition is made shall have the same repaired or corrected within fifteen days, and they may not use or dispose of the same in any way, but shall hold the same at the disposal of the inspector. Any apparatus which has been "condemned for repairs" and has not been repaired as required above, shall be confiscated by the inspector. 66 The State inspector shall keep in a book, together with a card index system to be furnished him by the State, a complete list of all scales, or weights, or weighing or measuring devices, inspected 517-265 and tested by him, the name of the person, firm, or corporation, owning the same, and the date and result of all inspections, and shall at all times keep the same open to the inspection of the public. The State inspector shall issue from time to time regulations for the guidance of city sealers, and the said regulations shall govern the procedure to be followed by the aforesaid officers in the discharge of their duties. The State inspector shall forthwith on his appointment give a bond in the penal sum of five thousand dollars with sureties to be approved by the governor for the faithful performance of the duties of his office and for the safety of the standards entrusted to his care, and for the surrender thereof immediately to his successor in office or to the person appointed by the governor to receive them. Sec. 5513. State inspector to test electric, water, and gas meters: tolerance allowed; record of meters tested. It shall be the duty of the State inspector of weights and measures, in unincorporated or incorporated cities or towns with a population of not more than five thousand nor less than nine hundred inhabitants, according to the latest official State or United States census, at least once in every two years, and as much oftener as he may deem necessary, to test the accuracy of every meter used or to be used in the measuring of any water, electricity or gas furnished or to be furnished to the consumer through such meter. If the meter tested shall, upon test thereof, by the inspector, be found to measure too fast or too slow by as much as three per centum, such meter shall be condemned by him and shall not be again used or used at all until corrected and made to measure accurately. Unless any water, gas, or electric meter is made to conform with the standard of such State inspector within thirty days after the date of the condemnation by such inspector, the said State inspector is not required to retest such condemned water, gas or electric meter for a period of one year thereafter. The State inspector shall keep in a book, together with a card index system to be furnished him by the State, a complete list of all meters inspected and tested by him, the name of the person, firm, or corporation owning the same, the name of the furnisher of the water, gas, or electricity, the name of the consumer thereof, and the date and result of all inspections, and shall at all times keep the same open to the inspection of the public. Sec. 5514. State inspector to test meter used as standard.-He shall, upon the written request of any citizen, firm or corporation, or educational institution in the State, test any water, gas, or electric meters used as standards in the State. He shall, at least once every year, test all water, gas, and electric meters used in any institution for the maintenance of which moneys are appropriated by the legislature, and he shall report in writing his findings to the supervisory board and to the executive officers of the institution concerned. Sec. 5515. Standards to be procured and kept by cities; test, certification and preservation.-The common council of each city required to appoint a sealer under this title, shall procure at the expense of the city, and shall keep at all times, a complete set of weights and measures, and other testing apparatus, of such materials and construction as the said State inspector may designate. All such weights and measures, and other testing apparatus, having been tried and accurately proved by him, shall be sealed and certified to by the State inspector, as hereinbefore provided, and shall then be deposited with and preserved by the city sealer as public standards for such city. Whenever the common council of such city shall neglect for six months so to do, the city clerk of such city, on notification and request by the State inspector, shall provide such standards and cause the same to be tried, sealed and deposited, at the expense of the city. Sec. 5516. Appointment of city sealers; tenure and salary; powers and duties; may condemn and seize apparatus; reports; cities may combine; fees.-There shall be a city sealer of weights and measures in unincorporated or incorporated towns or cities of not less than five thousand population, according to the latest official State or United States census, who shall be appointed by the common council of such city for a period of one year. He shall be paid a salary determined by such board, said salary not to be less than nine hundred dollars a year. Where not otherwise provided by law, the city sealer shall have the power within his city to inspect, test, try and ascertain if they are correct all weights, scales, beams, measures of every kind, instruments or mechanical devices for weighing and measuring, and tools, appliances, or accessories, connected with all such instruments and measures, kept, offered or exposed for sale, sold, used, or employed, within the city by any proprietor, agent, lessee, or employee, in having the size, quantity, extent, area, or measurements, of quantities, things, produce, or articles for distribution or consumption, offered or submitted by such person or persons for sale, hire, or award; he shall have the power to, and shall from time to time, weigh or measure packages or amounts of commodities of whatsoever kind kept for the purpose of sale, or sold, or in the process of delivery, in order to determine whether the same contains the amounts represented and whether they be offered for sale or sold, in a manner in accordance with law. He shall at least twice each year, and as much oftener as he deems necessary, test the accuracy of weights, measures, and weighing or measuring devices used in such city. He may for the purpose above mentioned, and in the general performance of his duties, enter and go into or upon, without formal warrant, any stand, place, building or premises, or stop any vender, peddler, junk dealer, coal wagon, ice wagon, delivery wagon or any dealer whatsoever, and require him, if necessary, to proceed to some convenient place for the purpose of making the proper test. When the city sealer finds a violation of the statutes relating to weights and measures, he shall cause the violators to be prosecuted. When the sealer compares weights or measures, or weighing or measuring instruments, and finds that they correspond with the standards in his possession, he shall seal or mark such weights, measures, or weighing or measuring instruments, with appropriate devices, to be approved by the State inspector of weights and measures. He shall condemn and seize, and may destroy, incorrect weights and measures, or weighing or measuring instruments, which in his best judgment are not susceptible of satisfactory repairs; but such as are incorrect and yet may be repaired, he shall mark or tag as "Condemned for repairs" in a manner prescribed by the State inspector. The owner or users of any weights or measures, or weighing or measuring instruments, of which such disposition is made, shall have the same repaired or corrected within fifteen days, and they may neither use or dispose of the same in any way, but shall hold same at the disposal of the sealer, and any apparatus which has been "condemned for repairs," and has not been repaired as required above, shall be confiscated by the sealer. The city sealer shall keep in a book, together with a card-index system to be furnished him by the common council, a complete list of all scales, or weights, or weighing or measuring devices, inspected and tested by him, the name of the person, firm or corporation using such scales, weights or weighing or measuring devices, and the date and result of all inspections, and shall at all times keep the same open to the inspection of the public. The city sealer shall keep a complete record of all his official acts, and shall make a monthly and an annual report to the common council of such city, and a monthly and an annual report duly sworn to, on the first day of each month and year, to the State inspector of weights and measures, on blanks to be furnished by said inspector. The city sealer of weights and measures shall forthwith on his appointment give a bond in the penal sum of one thousand dollars, with sureties to be approved by the appointing power, for the faithful performance of the duties of his office. Provided, however, That nothing in the above shall be construed to prevent two or more cities from combining the whole or any part of their districts as may be agreed upon by the common councils of such cities, with one set of standards and one sealer, upon the written consent of said State inspector. A city sealer appointed in pursuance of an agreement of such combination shall, subject to the terms of his appointment have the same authority, jurisdiction and duties as if he had been appointed by each of the authorities who are parties to the agreement. For inspecting, testing and sealing weights and measures the city sealer shall charge and collect from the person owning or using such weight or measure the following fees: For each counter scales of capacity of 6 pounds or less- For each counter scales of capacity of more than 6 pounds_-_. $0.15 .25 .50 1.00 2.50 For each railroad-track scales---- 5.00 For each spring scales of capacity of 30 pounds or more- .50 .25 For all other scales, instruments and devices for weighing not herein specified, each__. .50 For each measure containing 1 gallon or less-- .05 For each measure containing more than 1 gallon, for first gallon, and for .05 .05 Provided, however, That where any weight or weights, measure or measures, scale or scales, balance or balances, scale beam or scale beams, steelyard or steelyards, or any other instrument or device for weighing or measuring used by or belonging to any person, firm or corporation, shall be tested by said sealer oftener than twice per year, |