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convicted thereof, shall be sentenced to pay a fine not exceeding two hundred dollars, and to undergo an imprisonment not exceeding three months, or both, or either, at the discretion of the court.

Sec. 21562 (1850). True meridian to be fixed.-The county commissioners of the several counties of this Commonwealth are hereby authorized and directed, within two years from and after the passage of this act, to cause to be marked and established on some inalienable property belonging to the county, or on some such property as the commissioners of the county may hereafter acquire for that purpose, at or near the seat of justice of the several counties, a true meridian line, and a fixed standard measure, of a two or four pole chain, agreeing with and made after the measure of the standard yard now in the office of the secretary of the Commonwealth; and the cost whereof to be paid out of the respective county treasuries.

Sec. 21563. Notice thereof to be given; surveyors to adjust their com passes and chains thereby; true bearings to be noted in surveys.-When the said true meridian lines, and the measures of the said standard two or four pole chain, shall have been so marked and established as aforesaid, the said county commissioners shall give public notice thereof, in one or more newspapers of their respective counties, or otherwise, for at least three successive weeks; and it shall be the duty of every land surveyor in this Commonwealth, after such notice has been given as aforesaid, in the month of April in each year, to adjust and verify his compass by one of the said meridian lines, and to ascertain the variation of its needle from the true meridian, and his chain by one of the said measures of the said standard two or four pole chain. And the said surveyors shall thereafter, in all their returns of surveys, or writings concerning surveys of land, and lines run by the compass, note the bearings or courses of such surveys and line so as to show the true, and not the magnetic bearing, together with the date of such survey or tracing of lines.

Sec. 21564. Penalty for surveying with unadjusted compass or chain; penalty. Any surveyor, after notice given as required by the provisions of this act, who shall neglect or refuse to comply with the requirements of this act, by making any survey with an unadjusted compass or chain, he shall, for every such neglect or refusal, pay the sum of ten dollars, on complaint made by any person interested in such survey, before the justice of the peace nearest to the tract or lot of land so surveyed, to be recovered as debts of like amount are by law recoverable; one-half thereof to the person making the complaint, and the other half to the treasurer of the school district in which such survey is made, for the use of said district.

Sec. 21565. Duties of commissioners.-It shall be the duty of the commissioners of the several counties aforesaid to procure a book to be kept in their office; and every surveyor, on having adjusted his chain and compass aforesaid, shall enter therein the variation of his compass from the true meridian, whether east or west, and the day on which he adjusted his chain and compass, and shall subscribe his name thereto, for future reference.

Sec. 21566 (1913). Weights and measures; "commodity "commodity" defined.— The word "commodity," as used in this act, shall be taken to mean any tangible personal property sold or offered for sale.

Sec. 21567. Manner of sale.-All liquid commodities, when sold in bulk or from bulk, shall be sold by weight or liquid measure. All

dry commodities, when sold in bulk or from bulk, shall be sold by weight, dry measure or numerical count. No dry commodities shall be sold by liquid measure; dry commodities in carload lots may be sold by weight.

Sec. 21568. Measures shall have bottoms.-It shall be unlawful to use a measure without a bottom in selling any commodity.

Sec. 21569 (a1915). Measures shall be marked as to capacity; bottles or jars for the sale of milk or cream.-It shall be unlawful, in selling any commodity, to use any measure unless the same shall have thereon marked in distinct letters and figures the capacity thereof. If such measure be of the capacity of one-half bushel or less, or of one-half gallon or less, it shall be marked in terms of a quart, dry or liquid measure respectively. If the measure be of the capacity of over one-half bushel or one-half gallon it shall be marked in terms of a bushel or gallon, respectively: Provided, That bottles or jars used for the sale of milk or cream shall be regarded and considered as measures within the meaning of this act, and shall be in all respects subject to all rules and regulations heretofore or hereafter made by the chief of the Pennsylvania Bureau of Standards as to reasonable variations and tolerances.

Sec. 21570 (1913). Attempts to defraud.-It shall be unlawful for any person, firm or corporation, with intent to defraud

(1) To sell, or offer for sale, any commodity on the container of which is marked any false statement respecting the kind, number, quantity, weight, or measure of such commodity, or of any part thereof, or respecting the place or country where such commodity was manufactured or produced, or respecting the quality or grade of such commodity.

(2) To orally or otherwise represent that any commodity offered for sale in bulk, to which no name or trade-mark shall be attached, is the manufacture or production of some other than the actual manufacturer or producer: Provided, That nothing in this act is to be construed as applying to drugs, medicines, chemicals, or pharmaceutical or proprietary preparations used as medicine, nor to toilet preparations.

Sec. 21571, as amended by Laws, 1925, Act No. 186, p. 325. Weight of bushel. Whenever any commodity named in this section shall be sold by the bushel, the bushel shall consist of the number of pounds herein stated; and wherever sold in the subdivisions of the bushel, the number of pounds shall consist of the fractional part of the number of pounds as are herein set forth for the bushel, namely2:

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Provided, That when any fruits or vegetables named in this section are sold in Pennsylvania standard containers, which are the original packages and are filled in accordance with good commercial practices, such fruits and vegetables shall be exempt from the provisions of this section.

Sec. 21572 (1913). Packages shall be marked.-If in package form, the quantity of the contents shall be plainly and conspicuously marked on the outside of the package in terms of weight, measure, or numerical count: Provided, however, That reasonable variations shall be permitted; and tolerances and also exemptions as to small packages shall be established by rules and regulations made by the chief of the Pennsylvania bureau of standards.

Sec. 21573. Violations; penalty.-Each person, firm or corporation that shall violate any of the provisions of this act shall be guilty of a misdemeanor, and, upon conviction thereof, before any alderman, magistrate or justice of the peace of the proper county, for first offense shall be fined not more than twenty-five dollars; upon conviction for the second offense, such person, firm, or corporation shall be fined not less than twenty-five dollars nor more than one hundred dollars; and, upon conviction for the third and each subsequent offense, such person, firm, or corporation shall be fined not less than one hundred dollars nor more than two hundred and fifty dollars. Sec. 21574. Enforcement. It shall be the duty of the proper city and county inspectors of weights and measures to enforce the provisions of this act.

Sec. 21575 (a1915), When act takes effect; not applicable to wholesalers, jobbers or commission merchants.-This act shall go into effect

This is evidently an error, since the usual weight of plastering hair is eight pounds per bushel.

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the first day of January, one thousand nine hundred and fourteen: Provided, however, That no penalty shall be enforced for any viola tion of its provisions as to domestic products prepared, or foreign products imported, prior to eighteen months after its passage; and further, that this act shall not apply to the marking of the net quantity of the contents on containers or packages handled, sold, or offered for sale by wholesalers, jobbers or commission: merchants. Sec. 21576 (1917). Packing of apples.-Every closed package containing apples grown in the State of Pennsylvania, which is sold, offered, or consigned for sale, packed for sale, or shipped for sale, shall bear upon the outside of one end, in plain letters or figures, or both, the name and address of the person by whose authority the apples were packed, the true name of the variety therein contained, and the minimum size or numerical count of the fruit in the package: Provided, That packages which can not readily be marked on an exposed end shall be similarly marked in a conspicuous place.

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See. 21577. Additional marks. The marks prescribed by this act may be accompanied by any additional marks which are in accordance with the facts, and which are not inconsistent with or do not in any way obscure the marks required by this act. Apples packed and branded in accordance with the United States apple-grading law, approved August third, one thousand nine hundred and twelve, shall be exempt from the provisions of this act.

Sec. 21584. Enforcement of this act.-The enforcement of this act shall be vested in the State department of agriculture; and its officers, employes, and agents are authorized to enter upon the premises of any person within this State for the purpose of purchasing packages of apples and securing evidence of violation of this act; and the said department of agriculture is hereby authorized to make such rules and regulations as may be necessary for enforcing its provisions.

Public Laws, 1921, Act No. 187, p. 389.

Sec. 1. Weights and measures; definitions; "type"; "standard weights and measures use in trade or commerce "; 66 person"; "bureau of standards"; liability for acts or omission of agents. That the word "type," as used in this act, is defined as a class the individual objects of which are similar one to another in design, construction, size, and material.

The term "standard weights and measures," as used in this act, is to be construed to include the standards of weights and measures adopted by the United States and the State of Pennsylvania, in accordance with those furnished by the Federal Government under joint resolutions of Congress, approved June fourteenth, eighteen hundred and thirty-six and July twenty-seventh, eighteen hundred and sixty-six, and now recognized and in use throughout the United States.

The term "use in trade or commerce," as used in this act, shall be construed to include use in buying or selling goods, wares, or merchandise.

The word "person," as used in this act, shall be construed to import both the plural and the singular, as the case demands, and

• See p. 19.

shall include corporations, copartnerships, companies, societies, and associations.

The term "bureau of standards" shall be held to mean under or by authority of the chief of the Pennsylvania bureau of standards of the department of internal affairs. When construing or enforcing the provisions of this act, the act, omission, or failure of any officer, agent, or other person, acting for or employed by any corporation, company, society, or association, within the scope of his employment or office, shall in every case be deemed to be the act, omission, or failure of such corporation, partnership, company, society, or association, as well as that of the person.

Sec. 2. Approval by bureau of standards.-The bureau of standards of the department of internal affairs is authorized to pass upon each type of weight and measure and weighing and measuring device manufactured, offered or exposed for sale or sold or given away, for the use in trade or commerce, or used in trade or commerce, in the Commonwealth of Pennsylvania, and to approve or disapprove of said type. The said bureau shall approve each type of weight and measure and weighing and measuring device, submitted to it for approval by any person, if such type is so designed and constructed that it conforms to, or gives correct results in terms of, standard weights or measures or in terms of values derived therefrom, and is reasonably permanent in its indication and adjustment, and does not facilitate the perpetration of fraud, otherwise the bureau shall disapprove the same.

Sec. 3. Submission for approval.-The submisison of a type may be by sample or by specifications if, in the best judgment of the bureau, such specifications are adequate, or in such other manner as may be prescribed by the rules and regulations promulgated under the authority of this act.

Sec. 4. Certificate of approval; notification of disapproval; hearing; appeal to secretary of internal affairs; appeal to common pleas.-When a type of weight or measure or weighing or measuring device is approved, the said bureau shall issue a certificate to this effect to the person submitting such type. When a type is disapproved, the said bureau shall notify the person submitting the same of its decision, setting out the reasons therefor, together with such information and references as may be useful in judging of the propriety of the disapproval, and shall give such person an opportunity to be heard in support of his application for approval. The bureau shall then reconsider its decision. If the new decision is adverse to such person, and he is dissatisfied with the same, he may take an appeal from this decision to the secretary of internal affairs, who shall examine the matter, and decide whether the type should be approved or disapproved. If the person is dissatisfied with the decision of the secretary of internal affairs, he may appeal to the court of common pleas of the county of which he is a resident, whose decision shall

be final.

Sec. 5. Sale, etc., of unapproved weights and measures; existing weights and measures; weights and measures intended for use outside of State. From and after one year after this act takes effect, it shall be unlawful for any person to manufacture, offer or expose for sale, or sell or give away, for use in trade or commerce, or to use in trade or

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