PORTO RICO

Laws, 1913-14, Act. 135, p. 100.

Sec. 1, as amended by Laws, 1919, Act. 4, p. 104. Metric system and imperial system; contracts, how construed.-That the metric system of weights and measures, and the imperial system customarily used in the United States in so far as the same are described by this act, are hereby recognized and established in Porto Rico for use in all industrial and commercial transactions as hereinafter defined in section 16 of this act, and except as hereinafter expressly authorized; and it shall be unlawful in any of said transactions to use any other systems, or to use any units of weight or measure not recognized and established as a part of the said systems: Provided, however, That no contract or agreement, entered into prior to the approval of this act, which contains a description of or reference to weights or measures not authorized by this act, shall be vitiated by reason of such an unauthorized description or reference.

Sec. 2. Units of measure. In the metric system the standard meter is the unit of measure of length and surface from which all other measures of extension, whether lineal, superficial or solid, are derived and ascertained. The meter is divided into ten equal parts called decimeters, into one hundred equal parts called centimeters, and into one thousand equal parts called millimeters. The dekameter contains ten meters, the hectometer one hundred meters, the kilometer one thousand meters, and the myriameter ten thousand meters.

Sec. 3. Liter is unit for liquids. In the metric system the standard liter is the unit of measure for liquids from which all other measures of liquids are derived and ascertained, and is equal to one cubic decimeter. The liter is divided into ten equal parts called deciliters, into one hundred equal parts called centiliters, and into one thousand equal parts called milliliters. The dekaliter contains ten liters, the hectoliter one hundred liters, and the kiloliter one thousand líters. Sec. 4, as amended by Laws, 1913-14, Act No. 3, p. 134. Cubic meter is unit for cubic measure; hectare for land measure. In the metric system the unit of cubic measure or volume is the standard cubic meter, this being a cube whose edges are each one meter in length. The cubic meter contains one thousand cubic decimeters, the cubic decimeter one thousand cubic centimeters, and the cubic centimeter one thousand cubic millimeters.

The hectare for land measure contains ten thousand square meters; the are contains one hundred square meters and the centare one square meter. In land measurements and records the measurement by cuerda customarily used in Porto Rico, which shall be equivalent to 3,930.395625 square meters, may also be used. All land measurements shall be based upon horizontal extension.

Sec. 5. Gram is unit of weight. In the metric system the standard gram is the unit or standard of weight from which all other weights are derived and ascertained and is equal to the weight in a vacuum

of one cubic centimeter of pure water at its maximum density. The gram is divided into ten equal parts called decigrams, into one hundred equal parts called centigrams, and into one thousand equal parts called milligrams. The dekagram contains ten grams, the hectogram one hundred grams, the kilogram one thousand grams, the myriagram ten thousand grams, the quintal one hundred thousand grams and the millier or tonneau one million grams.

Sec. 6. Yard is unit of length in imperial system. In the imperial system the standard yard is the unit of measure of length and surface from which all other measures of extension, whether lineal, superficial or solid, are derived and ascertained. The yard contains 0.914402 meters. The yard is divided into three equal parts called feet, and each foot into twelve equal parts called inches.

Sec. 7, as amended by Laws, 1917, Act No. 37, p. 204. Gallon is standard of capacity in American system. In the American system the standard gallon is the unit of standard measure of capacity for liquids from which all other measures of liquids are derived and ascertained. The gallon is equal to 3.78543 liters. The American gallon is divided into four equal parts called quarts, each quart into two equal parts called pints, and each pint into four equal parts called gills.

Sec. 8. Pound is unit of weight in imperial system. In the imperial system the unit or standard of weight, from which all other weights are derived and ascertained, is the imperial pound, equal to 0.45359 kilograms. The imperial pound is divided into sixteen equal parts called ounces; the hundredweight consists of one hundred pounds, the short ton of twenty hundred pounds, and the gross or long ton of 2,240 pounds.

Sec. 9. Official standards; set to be furnished each municipal district.A full set of said weights and measures shall be kept in the office of the secretary of Porto Rico as the official standards, and said official shall furnish such test sets thereof as may be required for the enforcement of this act to the alcalde and to each district chief or other police officer in command in each municipal district of the island to be kept in their custody.

Sec. 10. Secretary to enforce act; and to prescribe rules and regulations; testing and sending of apparatus; may be condemned and seized, when. That the secretary of Porto Rico shall be charged with the duty of supervising the enforcement of this act. He shall prescribe rules and regulations not inconsistent therewith, providing for the periodical inspection, examination, testing and regulating, and sealing, marking or approving when correct of all weights and measures, scales, beams, steelyards, or other instruments, apparatus or appliances, used or adapted for use in ascertaining weight or measure in any industrial or commercial transaction, and for the performance of such other duties as may, in his judgment, be required for the enforcement of this act; and in accordance with such rules and regulations all alcaldes, or their authorized agents, prior to the first day of January, 1914, shall examine, test, regulate or cause to be examined, tested, or regulated, and when correct shall seal, mark, or approve or shall cause to be sealed, marked, or approved, all such weights or measures, scales, beams, steelyards, or other instru

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ments, apparatus, or appliances used, or adapted for use in ascertaining weight or measure in any industrial or commercial transaction, within their respective municipal districts. In the event of any alcalde failing to comply with the duty hereinbefore specified, or failing to cause the same to be complied with, said duty shall be performed under the direction of the secretary of Porto Rico prior to February 1, 1914. If, after the first day of February, 1914, any weight or measure, scale, beam, steelyard, or other instrument, apparatus or appliance, used or adapted for use in ascertaining weight or measure in any industrial or commercial transaction has not been sealed, marked, or otherwise approved as required by this act and the regulations prescribed thereunder, or does not conform to the standards herein prescribed, any alcalde, police officer, or other duly authorized person to whose attention such delinquency shall come shall forthwith seize the same and shall file complaint in a court of competent jurisdiction against the owner, or user thereof and against all other persons guilty of any violation of this act in connection therewith. The seized article or articles shall be held as evidence and in the event of a conviction of the owner or user thereof or of any other person guilty of any violation of this act in connection therewith, the same shall be forfeited to the people of Porto Rico and shall be disposed of as directed by the secretary of Porto Rico. Any weight, measure, scale, beam, steelyard, or other instrument, apparatus, or appliance used, or adapted for use, in ascertaining weight or measure in any industrial or commercial transaction, which shall at any time be found to register or indicate or show a false or short weight or measure, shall be seized and disposed of in the same manner.

Sec. 11. Duty of alcalde regarding testing and sealing. That after February 1, 1914, upon the request of any person owning or using any weight, measure, scale, beam, steelyard, or other instrument, apparatus or appliance used, or adapted for use, in ascertaining weight or measure in any industrial or commercial transaction, the alcalde of the municipal district in which the same is located, shall examine, test, regulate, and when correct seal, mark or approve the same in accordance with the regulations prescribed under this act, or cause the same to be done; and if any alcalde fails to perform this duty within fifteen days after the receipt of any such request, said duty shall be performed under the direction of the secretary of Porto Rico upon application filed with him. Sec. 12. Use of unsealed apparatus prohibited. That from and after the first day of February, 1914, no weight, measure, scale, beam, steelyard, or other instrument, apparatus or appliance for ascertaining weight or measure, shall be used in any industrial or commercial transaction until the same has been inspected, tested and sealed, or otherwise marked as provided in this act: Provided, That if the marking or sealing of any such instrument, apparatus, or appliance is not practicable or would be injurious or destructive thereto, such marking or sealing may be omitted and the approval thereof indicated in such manner as shall be prescribed by the regulations provided for in this act.

Sec. 13. Apparatus to be exhibited, when.-It shall be the duty of every person, when called upon, to exhibit to any authorized person

all weights, measures, scales, beams, balances, steelyards or other instruments, apparatus or appliances used or intended to be used or adapted for use in ascertaining weight or measure in any industrial or commercial transaction, and to permit the said person to examine, test, regulate, and seal or mark the same.

Sec. 14. Apparatus not conforming to standards, prohibited.-No person shall use, cause or permit to be used, any weight or measure, scale, beam, balance, steelyard, or other instrument, apparatus or appliance in ascertaining weight or measure in any industrial or commercial transaction, which does not conform to the standard weights and measures prescribed by this act, and no person shall use, cause or permit to be used in any industrial or commercial transaction, any scale, beam, steelyard, or other instrument, apparatus or appliance for ascertaining weight or measure which registers, shows or indicates a false weight or measure.

Sec. 15, as amended by Laws, 1917, Act No. 37, p. 204. Using or giving of false weight or measure prohibited. No person shall give or permit to be given any false or short weight or measure in the purchase, sale or transfer of any goods, wares or merchandise, and no person shall use, or permit to be used, any false weight or measure, in any industrial or commercial transaction as a basis for compensation in the purchase, sale, transfer or transportation of any goods, wares or merchandise.

Sec. 16, as amended by Laws, 1919, Act. 4, p. 104. Transactions involving weights or measure, how conducted; proviso.-All transactions involving the purchase, sale, transfer or transportation of any property or of any goods, wares or merchandise, or the purchase or sale of any work, task or service the value of which is computed by the use of measures of weight or any other measure except that of time, shall be conducted in accordance with the weights and measures authorized by this act: Provided, That the purchase and sale of such goods, wares and merchandise, as are usually or customarily sold or dealt in by the article, piece or number, shall not constitute a violation of this act, nor the use of the measure known as "cuerda " when the same is employed in agricultural job work.

Sec. 17, as amended by Laws, 1914, Act No. 7, p. 137. Net weight to be marked; variations or tolerances.-That from and after the first day of February, 1914, all goods, wares, or merchandise in boxes, packages, bundles, or containers which shall be the object of industrial or commercial transactions, shall have the net weight or quantity thereof contained in said boxes, packages, bundles, or containers plainly marked upon the outside of such boxes, packages, bundles, or containers, and it shall be unlawful to keep for the purpose of sale, offer or expose for sale or sell any such goods, wares or merchandise which are not so marked. Each sale of any such goods, wares or merchandise not so marked shall be deemed to be a separate and distinct offense: Provided, however, That any such goods, wares or merchandise not marked as required above, which at the time of passage of this act, are in Porto Rico, in the stock of manufacturers of, or dealers in, such goods, wares, or merchandise, or are already shipped and on the way to Porto Rico, may be kept for the purpose of sale, offered or exposed for sale or sold until September 1, 1914: And provided further, That the manner of marking of boxes,

packages, bundles or containers, and that reasonable variations or tolerances on boxes, packages, bundles or containers and also exemptions as to small boxes, packages, bundles or containers, may be established by rules and regulations prescribed by the secretary of Porto Rico.

Sec. 18. Stamping of false weights or measure prohibited.-No person shall mark or stamp, or permit or cause to be marked or stamped, any false or short weight or measure, or any false tare upon any box, package, bundle or container in which goods, wares or merchandise are packed or sold, or intended to be sold or offered for sale.

Sec. 19. Altering or using changed weight or measure prohibited.No person shall change or alter, or permit to be changed or altered, or use or permit to be used after the same has been changed or altered, any weight, measure, scale, beam, steelyard or other instrument, apparatus or appliance for weighing or measuring, after the same has been officially examined, tested and regulated and sealed, marked or approved as provided by this act or the regulations prescribed in accordance therewith.

Sec. 20. Violation; penalty.-Any person violating any of the foregoing provisions of this act or of the rules and regulations prescribed in pursuance thereof and any person who as employer or as an officer, director, stockholder or agent of any corporation, or as a member of any firm or partnership or otherwise shall direct, order, permit, or consent to any infraction of the foregoing provisions of this act, or of the said rules and regulations, shall be deemed guilty of a misdemeanor, and upon conviction thereof, by a court of competent jurisdiction, shall be punished for the first offense, by a maximum fine of fifty dollars or by imprisonment not to exceed fifty days and for the second offense by a fine of not less than fifty dollars nor more than two hundred and fifty dollars, or by imprisonment for a term not to exceed ninety days, and for subsequent offenses by a fine of not less than two hundred dollars nor more than five hundred dollars and by imprisonment for not more than one year.

Sec. 21. Sealing or approving apparatus not conforming to standards.— Any person charged with the enforcement of this act or the regulations thereunder prescribed or responsible therefor who shall mark, seal or approve as conforming to the standards established by this act any weight or measure, scale, beam, steelyard, or other instrument, apparatus or appliance used or adapted for use in ascertaining weight or measure in any industrial or commercial transaction which does not so conform, or who shall mark, seal, or otherwise approve as accurate any weight or measure, scale, beam, steelyard or other instrument, apparatus or appliance used or adapted for use in ascertaining weight or measure in any industrial or commercial transaction which indicates, shows, or registers a false weight or measure, or who, having knowledge of or information as to the ownership or use of, or other responsibility for any such instrument, apparatus, or appliance, fails to seize the same if within his power to do so, or fails to file appropriate charges in the proper court or with the fiscal of the district in which the offense occurs, shall be deemed guilty of a misdemeanor and upon conviction thereof in a court of competent jurisdiction, shall be punished by a fine of not less than two hundred and fifty dollars nor more than one thousand dollars