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PENNSYLVANIA Const., Art. III.

Sec. 27 (1879). Inspection of merchandise.--No State office shall be continued or created for the inspection or measuring of any merchandise, manufacture, or commodity; but any county or municipality may appoint such officers, when authorized by law. Stats., 1920, p. 2089.

Sec. 21546 (1911). Bureau of standards; department of internal affairs; legal weights and measures.—The establishment of a bureau of standards be and is hereby authorized, in the department of internal affairs of Pennsylvania, for the purpose of regulating and maintaining a uniform standard of legal weights and measures in this Commonwealth, to conform with the original standards of weights and measures as adopted by Congress, and verified by the National Bureau of Standards; and to assist in securing the enforcement of laws relating to sealers of weights and measures, now in force or that may hereafter be enacted.

Sec. 21547, as amended by P. L., 1921, Act 414, p. 1119. Chief; duties, report; testing of weights and measures; right of entry; stopping vehicles; condemning false weights or measures; destruction of false weights or measures; expenses ;* salary of chief; deputies; clerical assistance.—That as soon as practicable after the final passage and approval of this act, the secretary of internal affairs shall appoint a competent person to serve as chief of the bureau of standards, whose duty it shall be to have custody of the State standards of weights and measures; shall compare, test, and regulate all weights and measures of all city and borough sealers, now in office, or who may hereafter be appointed, in the Commonwealth of Pennsylvania, with the State standards when presented at his office for that purpose; shall certify to their correctness by affixing his official stamp thereto, with his name and date of examination clearly marked thereon shall preserve in his office an appropriate record of services rendered and work performed by him, or under his direction, in pursuance of this act; shall file in his office annual and other reports received from the local sealers; and shall, on or before the thirtieth day of November in each year, submit a report in writing to the secretary of internal affairs, for publication as a separate document in book form, setting forth, in sufficient detail, the work done in said bureau and the work reported to him by the local sealers, together with such other matter relating to that subject as may be deemed of value and interest to the citizens of this Commonwealth. The chief of the bureau of standards or any of his deputies shall have power to enter into any county or city, and to test all instruments and devices used in weighing or measuring anything sold or to be sold, including instruments and devices for weighing of coal mines and seal the same if found

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to be correct. For the purpose of making such test, the chief of the bureau of standards or any of his deputies may, at any reasonable time and without formal warrant, enter upon any premises, and may, on any public highway, stop any vendor or dealer, or the agent or servant of any such vendor or dealer, or stop any vehicle used in delivering any commodity which is weighed or measured as delivered. They 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 they shall seize any such instrument or device, they 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 or to the sale of commodities. After the determination of such prosecution, the false or illegal instrument or device shall be destroyed unless otherwise ordered by the proper court.

The chief of said bureau of standards shall receive a salary of four thousand dollars per annum, payable as other employes of said department are now paid and all necessary expenses incurred in the discharge of his official duties under this act. The secretary of internal affairs is authorized to appoint twelve deputies in the bureau of standards at an annual salary of twenty-five hundred dollars each. Such deputies shall also receive their actual and necessary expenses incurred in the performance of their duties. The secretary of internal affairs may also assign such additional assistance, from the clerical force of his department, to the work of said bureau he may

find necessary from time to time. Sec. 21548 (1911). Standard of weight, length, and capacity; appropriation.—In order to carry this act into effect, it shall be the duty of the secretary of internal affairs of this Commonwealth to procure, as soon as practicable after the passage of this act, a complete set of standards of weight, length, and capacity, to be verified by the Bureau of Standards of the United States Government, and to conform with the standards of weight, length, and capacity established by the National Congress, at a cost not exceeding the sum of two thousand five hundred dollars, to be paid for on warrant of the auditor general, out of funds of the State treasury, which sum is hereby specifically appropriated for that purpose, or so much thereof as may be necessary.

Sec. 21549. Rooms.—The board of public grounds and buildings are hereby required to furnish a suitable room or rooms, in the State Capitol Building, for the safekeeping and convenient use of said standards of weights and measures and for office use of said bureau of standards.

Sec. 21550 1 (a1917). Inspectors; salaries; expenses; how payable; combination; terms; charges; hearing; other service prohibited. The mayors of cities of the second and third class, and the several boards of county commissioners, shall, respectively, appoint one or more competent persons as inspectors of weights and measures, in the respective county or city, whose salary shall not be less than one thousand dollars per annum, to be paid out of the respective revenues of such county or city: Provided, however, That the payment of a minimum salary shall not apply to counties having a population of

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1 But see Commonwealth, ex rel. Lowell, v. Hoyt, 254 Pa., p. 45.

fifteen thousand or less. In addition to the salary provided by law, the said county and city inspectors shall be entitled to receive the actual expenses incurred by them personally in performing the duties of their office; such as transportation, hotel, livery, telephone, telegraph, and postal charges, to be paid by the boards of county commissioners of their respective counties and by the proper officers of their respective cities, in such proportion as may be agreed upon by said boards of county commissioners and proper officers of cities, on bills itemized and properly sworn to: Provided, however, That nothing in this act shall be construed to prevent two or more counties, or any county and city, from combining the whole or any part of their districts, as may be agreed upon by the board of county commissioners and mayors of cities, with one set of standards and one inspector, upon the written consent of the chief of the bureau of standards: Provided further, In cities of the first class the inspectors shall be appointed by the county commissioners of the county in which the said city may be located. Any inspector appointed in pursuance of an agreement for such combination shall, subject to the terms of his appointment, have the same authority and duties as if he had been appointed by each of the authorities who are parties to the agreement. The county and city inspectors of weights and measures, as appointed by the respective counties and cities, shall hold their office during good behavior; and shall not be removed, discharged, or reduced in pay or position except for inefficiency, incapacity, conduct unbecoming employes, or other just cause, and until the said officials shall have been furnished with written statements of the reason for such removal, discharge, or reduction, and shall have been given reasonable time to make written answer thereto. Nor shall such removal, discharge, or reduction be made until the charge or charges shall have been examined into and found true in fact by the appointing power of such county or city, at a hearing, upon reasonable notice to the person charged, at which time he may be represented by counsel and offer testimony or witnesses in his own behalf. It shall be unlawful for any sealer or inspector of weights and measures, or any of his deputies, to perform clerical or other services for the county or city of their respective districts.

Sec. 21551. Standard tests.-All county and city inspectors so appointed shall be supplied, at the expense of their respective counties and cities, with standard tests of weights and measures, in conformity with those established by the Government of the United States or the bureau of standards of the State, and the laws of this Commonwealth; and to ensure the accuracy of these tests they shall be compared with the standard tests to be purchased by the secretary of internal affairs, and, when so compared and their correctness established, they shall be so stamped or marked in such manner as may be established by the rules and regulations hereinbefore referred to, to be put in force by said secretary of internal affairs, and approved by the governor of the Commonwealth.

Sec. 21552. Reports.-Each inspector shall report in writing, at least once every month, to the chief of the State bureau of standards, upon blanks furnished by the chief. Such report shall contain: (1) The number of tests made since the last preceding report. (2) The number of weights, measures, and balances found by such tests to be correct. (3) The number of weights, measures and balances found by such tests to be false. (4) The number of prosecutions instituted by such inspector since the last preceeding report, together with the name of the accused, the title of the court where the prosecution was instituted, and the result of such prosecution. (5) Such other matters as the chief may, from time to time, prescribe.

Sec. 21553. Custody of standards; testing; sealing; rights of entry; seizure.—The inspectors shall take charge of and safely keep the proper standards. They shall be furnished by the chief of the bureau of standards of this Commonwealth with full specifications of tolerances and, allowances to be used by them in the performance of their duties. Each inspector shall have power, within his respective jurisdiction, to test all instruments and devices used in weighing or measuring anything sold or to be sold, including instruments and devices for weighing at coal mines, and seal the same if found to be correct. Such test shall include all appliances connected or used with such instruments or devices. For the purpose of making such test, each inspector, 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 or to the sale of commodities. After the determination of such prosecution, the false or illegal instrument or device shall be destroyed, unless otherwise ordered by the proper court.

Sec. 21555 (1895). New scales, weights and measures to be tested. Any person or persons purchasing new scales, weights or measures that do not contain the stamp of the inspector shall, before using them, notify the inspector of the district and have them tested, and all scales, weights or measures that cannot be adjusted by the inspector shall be removed and destroyed.

Sec. 21556, as amended by P. L., 1923, Act No. 409, p. 992. Use of false or insufficient weights or measures; jurisdiction; penalties; fines to be paid into county treasury; violations by inspectors; misdemeanors; pen. alty.—Each person who shall, directly or indirectly, or by his servant or agent, or as the servant or agent of another, violate any of the provisions of this act, or give or offer to give any false or insufficient weight or measure, or use any weighing device after it shall have been condemned and before it shall have been adjusted and sealed, or obstruct or attempt to obstruct any inspector in the performance of his duty, shall, upon conviction thereof in a summary proceeding before any alderman, magistrate, or justice of the peace of the proper city or county, for the first offense, be sentenced to pay a fine not to exceed twenty-five dollars; for the second offense, shall be sentenced to pay a fine not exceeding fifty dollars; and for each subsequent offense, shall be sentenced to pay a fine of not more than one hundred dollars, or to undergo an imprisonment in the proper county jail for not more than thirty days, or both, in the discretion of the court. In default of the payment of any fine as aforesaid, the person convicted shall be sentenced to serve one day in jail of the proper county for each dollar of the fine and costs. All such fines shall be paid to the treasurer of the respective city or county in which the offense was committed.

It shall be unlawful for any inspector to use any tests or standards, or to attempt to use the same, in ascertaining the correctness or accuracy of weights and measures, until such comparisons are made and their accuracy established and so stamped or marked. It shall be unlawful for any inspector to manufacture, sell, or offer to sell any weighing or measuring device used in the sale of commodities, or to repair or offer to repair any weighing or measuring device other than such adjustments as he may find necessary in the performance of his official duties, for which no fees shall be collected. Any inspector violating the provisions of this act shall be guilty of a misdemeanor, and, upon conviction therefor, shall be fined not exceeding one thousand ($1,000) dollars, or undergo imprisonment for a period not exceeding one year, or both or either, at the discretion of the court.

Sec. 21557 (1895). Refusal to allow inspection. Any person, upon arrest and conviction before a magistrate or justice of the peace for refusing to allow his scales, weights and measures to be inspected, shall be fined ten dollars and costs of court, or be sentenced to imprisonment for a period of not more than ten days.

Sec. 21558. Altering scales, etc., after adjustment.--Any person who shall, after his scales, weights and measures have been inspected in accordance with the provisions of the fifth section of this act [section 21555], alter or cause to be altered his said inspected scales, weights and measures so that they be decreased in size or amonint, or who shall substitute for said inspected weights and measures any other weights and measures of smaller size or amount, shall, upon the arrest and conviction before a magistrate or justice of the peace, be fined not more than twenty dollars and cost of court, and in default of the payment of such fine and costs shall be imprisoned for a period not more than ten days.

Sec. 21560 (1850). Penalty for selling by short weight or measure.-Whenever any description of manufactured goods, commonly called dry goods or groceries, shall be sold by the piece, in packages or by weight, and the said pieces or packages shall be marked or represented to contain a certain number of yards, pounds or ounces, and the same shall be sold as containing that number or weight, when in fact the said pieces or packages shall contain a less number of yards, or pounds or ounces, than so represented, the seller or manufacturer thereof shall forfeit and pay to the purchaser a sum equal to double the value of the quantity or weight found to be deficient, to be recovered by action of debt, in any court of law, or before any alderman or justice of the peace in this Commonwealth, in the same manner that debts of like amount are now by law recoverable.

Sec. 21561 (1883). Penalty for using false scales, weights, and measures.-Any person or persons who shall wilfully use and sell by false beams, scales, weights and measures, any article, merchandise, commodity or thing, shall be guilty of a misdemeanor, and on being

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