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superintendent [department of agriculture] and his deputy in the performance of their duties and the original standards shall not be used except for the adjustment of this set of copies and for certification purposes. Additional complete sets of copies of such original standard of weights and measures may be purchased by the superintendent [department of agriculture] when the same are necessary for use by any deputy State superintendent employed by counties under section sixteen of this act. The State, however, shall be reimbursed for the purchase of such copies by the county in which the same are used, in the manner hereinafter provided.

Sec. 10. Testing of weights and measures used by State institutions.The State superintendent or his deputy [department of agriculture] shall, at least once annually and as often as requested by the State board of control or the executive officers of the institutions herein referred to test the scales, weights and measures used in checking the receipt and disbursement of supplies in every institution conducted by the State, and he shall report in writing his findings to the executive officer of the institution concerned and to the State board of control.

Sec. 11. Inspecting work of local sealers - The State superintendent [department of agriculture) or his deputy shall at least once in two years visit the various cities and counties of the State and inspect the work of the local sealers of weights and measures, and in the performance of said duties he or his deputy may inspect the weights, measures, balances or any other weighing or measuring devices of any person, firm or corporation. The State superintendent (department of agriculture) and his deputy shall have all the powers of sealers of weights and measures provided for in this act.

Sec. 12 (a1915). Charges against sealers neglecting duties; hearing; copy furnished accused; if found guilty; accusation to superior court; unlawful to sell weighing instruments.-- The State superintendent [department of agriculture], if he finds that any sealer of weights and measures appointed under the provisions of this act, or any sealer or deputy sealer appointed by any city or county in this State, prior to this act, has refused or neglected to perform the duties of his office or refused to accept the recommendations and instructions of the State superintendent [department of agriculture] or is guilty of any malfeasance in office or who is incompetent, shall present to the body, officer or board having power to remove such sealer or deputy sealer of weights and measures a written charge and accusation based upon and clearly stating the alleged offense or offenses of such sealer, or deputy sealer and request such body, officer, or board to hear and determine such charge and accusation. Upon receipt of such charge and accusation, it shall be the duty of the body, officer or board with whom the same have been filed to make an order setting the same for hearing at a time which shall be not less than ten or more than twenty days from the date upon which such charge and accusation shall have been filed, and shall in such order fix the time and place for such hearing. A copy of such charge and accusation, together with a copy of such order, shall be served upon the accused at least seven days prior to the time fixed for such hearing: Provided, That in the event he shall absent himself from his usual place of business, or office, such service may be made by depositing such copies in a conspicuous place therein or by leaving the same at the last known place of residence of the accused, within the time above limited. At such hearing the accused shall have the right to be represented by counsel, if he so desires, and to produce witnesses and documentary evidence in his defense. If, upon such hearing, he be found guilty of malfeasance in office, or adjudged to be incompetent to perform the duties of his office, the body, officer or board before whom such hearing is had must forth with remove him from office. If he be found guilty of any of the other offenses herein enumerated he may be punished by removal or by suspension without pay for a period not exceeding thirty days, as such body, board or officer may determine. If he has reason to believe that any such sealer or deputy sealer of weights and measures has committed any of the offenses specified in section seven hundred and seventy-two of the Penal Code, the State superintendent [department of agriculture) may, in his discretion, present an accusation to the superior court of the county in which the accused is employed, which shall thereupon be heard and determined by such court in the manner provided by law. The remedies provided in this section are cumulative merely, and shali not in any wise detract from the right of the appointing power to remove at will any such sealer or deputy sealer of weights and measures. It shall be unlawful for the State superintendent [department of agriculture), his deputies, or any sealer of weights and measures to keep for sale, or offer or expose for sale, or to sell to any person, firm, or corporation, or dealer in goods, wares and merchandise, doing or intending to do business in the State of California any weighing or measuring instrument, or to be interested directly or indirectly in the sale of any weighing or measuring instrument.

Sec. 13 (1913). Investigate conditions in State. It shall be the duty of the State superintendent [department of agriculture] to investigate conditions in the various counties, cities, and towns of the State in respect to weights and measures, and to the sale of goods, wares and merchandise, commodities and foodstuffs in containers. The State superintendent [department of agriculture] shall annually report to the governor, and shall prior to each regular session report to the legislature the work of his office, and shall make such recommendations as he shall deem proper and necessary.

Sec. 14. Instructions to sealers.— The State superintendent (department of agriculture] shall issue instructions and make recommendations to the county and municipal sealers of weights and measures, appointed under the provisions of this act, and such instruction and recommendations shall govern the procedure to be followed by the aforesaid officers in the discharge of their duties.

Sec. 15. Record of acts done.—The State superintendent (department of agriculture] shall keep in his office a complete record of all acts done by him and a record of all prosecutions for violation of the provisions of this act, and the reports of the various sealers of weights and measures appointed under the provisions of this act, which records and reports shall always be open to the public.

Sec. 16 (a1915). Office of sealer of weights and measures created; compensation; term; deputies; failure of legislative body to appoint; cost of copies.—The office of sealer of weights and measures is hereby created. Whenever in this act the term " sealer " is used, the same shall be taken to mean and refer to sealer of weights and measures. Within one hundred and twenty days after the approval of this act by the governor, it shall be the duty of the board of supervisors of each of the countries of the State except as hereinafter provided, to appoint a sealer of weights and measures for their respective counties; said sealer shall receive as compensation the sum of five dollars per day for each day actually employed in the service of the county, to be audited and paid as other claims against the county. He shall be allowed his traveling expenses actually and necessarily incurred in the performance of his duties. The term of office of such sealer of weights and measures shall be four years, but he shall be subject to removal at the will of such board. A sealer appointed under this act may, with the consent of the board of supervisors of the county appointing him, appoint a deputy or deputies when necessary or expedient to carry out the provisions of this act. The compensation of such deputies shall be the same as the county sealer and paid in the same manner. Such deputies shall always be subject to removal by the sealer of weights and measures. In case the legislative body of any connty or city and county shall not appoint a sealer for such county or city and county within thirty days after written request for such appointment by the State superintendent [department of agriculture], is received, said State superintendent shall assign as soon as practicable a deputy superintendent who shall perform all the duties of sealer in such county or city and county as provided in this act to be performed by county or, city sealers and to provide copies of the original standards of weights and measures for use by said deputy in such county. The actual cost of such services shall. be paid by the county in the same manner in which other claims against the county are paid. The amount to be paid shall be at the rate of one hundred and fifty dollars per month for the time such deputy superintendent is employed in such county in addition to the actual traveling expenses of such deputy made necessary by such appointment. The county shall also stand its proportionate share of the actual cost of the set of copies to be used in such county by such deputy, at the rate of one-twelfth of the cost thereof for every month such copies are employed therein during the first year of their use, and in that event such county may at any time pay the balance of the cost of such copies and become the owner thereof, or the county may pay rental to the State for the use of such copies at the rate of ten per cent per annum of the cost price thereof.

Sec. 17, as amended by Stats. and Amendments, 1921, ch, 39, p. 41. Appointment of sealers; compensation; traveling expenses; term; in counties of second class with charters; in counties of third class; appointment of deputies in certain counties by State superintendent.—The legislative body of any county or consolidated city and county of the first to the thirty-fifth classes, both inclusive, and the legislative body of any city or town may appoint a sealer of weights and measures, fix his compensation and provide for the appointment by the sealer of such number of deputies as the said legislative bodies may deem necessary and expedient. Such sealer shall receive as compensation the sum of one hundred fifty dollar per month, or at the rate of one hundred fifty dollars per month for each month or part thereof actually employed in the service of such county, or city and county, or city and town. He shall be allowed his traveling expenses actually and necessarily incurred in the performance of his duties; and such deputies shall each receive as compensation the sum of five dollars per day for each day actually employed in the service of such county, or city and county, or city and town. They shall be allowed their traveling expenses actually and necessarily incurred in the performance of their duties. The term of office of sealer of weights and measures appointed under the provisons of this section shall be four years. He shall be subject to removal by the power appointing him. Deputies appointed under the provisions of this section by a sealer of a county, city and county, or city, or town, shall be subject to removal by the sealer.

In counties of the second class whose charters provide for a department of weights and measures, the appointment of a sealer and deputies, the number of such deputies and the term of office thereof shall be as provided in said charter: Provided, That the sealer shall receive for compensation the sum of three thousand dollars per annum, and one deputy, to be known as chief deputy, shall receive as compensation the sum of two thousand four hundred dollars per annum. Deputies shall receive as compensation the sum of one thousand eight hundred dollars per annum, each payable in the same manner as the salaries of other county officers are paid. In counties of the third class the sealer shall receive as compensation the sum of three thousand dollars per annum, and deputies shall each receive as compensation the sum of two thousand dollars per annum, payable in the same manner as the salaries of other county officers are paid.

In all counties other than those of the first to the thirty-fifth classes, both inclusive, no county sealer or deputies shall be appointed by the legislative body thereof, but the State superintendent of weights and measures [department of agriculture] shall assign to such counties, or groups of such counties, such deputy superintendents as may be necessary, but not more than one to each of such counties. Such deputies shall have jurisdiction over such county, or group of counties, as the State superintendent [department of agriculture] may designate, except within the territorial limits of those cities and towns within which sealers have been appointed under the provisions of this act. They shall have all the powers and perform the duties of a sealer of weights and measures. They shall be paid by the county wherein employed, five dollars a day for each day employed therein, which shall not exceed one hundred and twenty days in any one county in any one year, and they shall also receive from such county their actual traveling expenses. The terms of office of all sealers and deputy sealers in all counties other than those of the first to the thirty-fifth classes, both inclusive, shall terminate when this section becomes effective.

Sec. 18 (1913). Jurisdiction of sealers.—The jurisdiction of a sealer appointed or a deputy State sealer employed for a county shall extend over the entire territorial limits of the county appointing such sealer, except within the territorial limits of those cities and towns within which sealers have been appointed under the provisions of this act. The jurisdiction of the sealer of weights and measures appointed by the legislative body of any city or town under the provisions of this act shall extend over the entire territorial limits of such city or town.

Sec. 19. Sealers appointed heretofore not affected. This act shall not affect the appointment of any sealer of weights and measures heretofore appointed for any city, town or city and county under any law, but such sealers shall perform the duties of the office under the provisions of this act, and shall possess the same powers and duties as sealers appointed under the provisions of this act.

Sec. 20. Copies of standards for counties, etc.-Except as herein otherwise provided the board of supervisors or legislative body of each county, city, town and city and county of the State shall, upon the appointment of a sealer under the provisions of this act, provide and procure for their respective county, city, town and city and county, copies of the State's standards of weights and measures at the expense of such county, city, town or city and county; such copies shall be verified and certified to by the State superintendent of weights and measures (department of agriculture] as in section eight of this act provided.

Sec. 21. Copies to be tested.--Sealers appointed under the provisions of this act shall, at least every two years, cause to be proved and tested by the State superintendent [department of agriculture) copies of the State's standards in their possession. If, upon such inspection, or any inspection by the State superintendent [department of agriculture), the copies of the weights and measures tested shall be found to be incorrect, the same shall be adjusted, if the same are susceptible of being adjusted, but if not, new copies shall be procured and certified to in the same manner as original copies.

Sec. 22. Copies deemed correct.-In any prosecution for a violation of any of the provisions of this act any copy of the standards of weights and measures of the State furnished, procured and certified to under the provisions of this act, shall be admitted in evidence upon the trial, and such copy shall be deemed prima facie true and correct.

Sec. 23. Duties of sealers.-It shall be the duty of any sealer of weights and measures to carefully preserve all copies of the standards of weights and measures in his possession, and to keep the same in a safe and suitable place when not actually in use; and it shall be his duty annually and at such other times as the State superintendent [department of agriculture] may require to file with such superintendent [department of agriculture) a written report of the work done by him of the weights, measures, weighing and measuring instruments inspected or tested by him and of the result of such inspection, of all prosecutions instituted by him for violations of the provisions of this act and of all other matters and things pertaining to his duties or which may be required by the State superintendent (department of agriculture].

Sec. 24. Dealers in weighing and measuring instruments to have same tested.--Every person using or keeping for use or having or offering for sale weights, scales, beams, measures of every kind, instruments or mechanical devices for weighing oi measurement, and tools, appliances and accessories connected with any or all of such instruments or measures within a county, city, town, or city and county in which there has been appointed a sealer under the provisions of

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