Protection of Purchasers of Coal. §§ 153-154 by the purchaser on the original bill of lading as proof of weight; but with every such delivery of an entire cargo of coal in any city of the first or second class, there shall be delivered to the purchaser thereof one of the original bills of lading, issued by the person, firm or corporation by whom the coal was loaded into the vessel from which such coal is delivered to the purchaser of the entire cargo thereof, on each of which bills of lading there shall be in ink or other indelible substance distinctly expressed the date and place of loading such cargo, and the number of pounds contained therein. Any person, firm or corporation who shall violate the provisions of this section shall be liable to a penalty of not exceeding fifty dollars. § 153. Scales, designation of.—There may be designated by the respective mayors of the cities of the first and second class, stationary or movable scales, suitable for the purpose of weighing coal, the owners of which may tender the same for public use in different parts of the city in such convenience in number and locality as shall be deemed necessary, on which the coal or coal vehicle, with or without coal, may be weighed at the request of the purchaser of the coal. The scales so designated shall be provided at the expense of the owners thereof, with test weights, and shall be subject at all times to the inspection and supervision of the sealers or inspectors of weights and measures in such city who shall inspect such scales at least once in each month. Such scales shall also be provided by the owner thereof with a competent weighmaster. The owner of such scales shall be entitled to charge for weighing coal and coal vehicles containing coal, at such sales,* a fee of not exceeding fifteen cents per ton of coal; empty vehicles returning to such scale after delivery of the coal so weighed therein shall be reweighed without further charge. § 154. Right of purchaser to have coal reweighed. It shall be the right of every purchaser of coal in any of the cities of the first and second class, before accepting the delivery of the same, to have any of the delivery of such coal weighed at his expense, at any of the scales designated under the provisions of the preceding sections, provided such scales are within a half mile of the place of loading or the place of the delivery of the coal, and for this purpose to require that any vehicle containing coal purchased by him shall be taken by the driver or other person in charge thereof to such scales for the purpose of having the same weighed, and So in the original. 56 after the delivery of the coal to require that the vehicle from which such coal so purchased shall have been delivered shall be taken by the driver thereof, or any other person in charge thereof, to such scales to be weighed at the expense of the purchaser thereof, and a certificate of the weight of such coal, so weighed as aforesaid shall thereupon be furnished to the purchaser of such coal by the owner of the scales at which such coal is so weighed. § 155. Penalty for refusal to permit coal to oe weighe .--The refusal of any seller of coal to permit coal purchased from him to be reweighed at the request of the purchaser thereof, as aforesaid, or any driver or other person in charge of a vehicle containing coal, or from which coal has been delivered, to take the same at the request of the purchaser to such scale or such scales for the purpose of having the same weighed, provided however that the purchaser of such coa! shall have first paid the owners of the scales or to the seller of such coal or to the driver or other person in charge of the vehicle containing such coal, an amount sufficient to meet the charges for weighing such coal, shall render the person, firm or corporation selling the coal liable to a penalty not to exceed fifty dollars. § 156. Owner of scales to give bonds.-The owner of such scales so designated, shall enter into a bond with the city in which such scales are situated, in the sum of five hundred dollars with two sufficient sureties, conditioned that such scales shall be kept in such condition as at all times to properly register the weight of coal, and that the person weighing coal thereat shall perform his duties faithfully, and furnish correct certificates to all persons having coal or coal vehicles weighed at such scales. The amount of such bond shall be recoverable at the suit of the city on proof that any of the conditions thereof have not been complied with. § 157. Publication of designation.-The designation of scales shall be in writing signed by the mayor of the city in which such scales are situated, and a copy thereof inserted in any official publication in such city, and if there be none in a newspaper published therein. 158. Penalty for fraudulent weighing.-Any owner of such scales or any agent or representative of his, or any weighmaster employed by him thereat, who shall be in any manner concerned in any fraudulent weighing of coal at such scales, shall be guilty of a misdemeanor, and shall be punishable by fine of not exceeding five Protection of Purchasers of Coal. §§ 159-161 hundred dollars or by imprisonment for one year, or by both such fine and imprisonment. § 159. Owner of scales to keep memorandum book.- Every owner of such scales shall keep a book in which shall be entered in ink a memorandum of every load of coal weighed at such scales, showing the name of the person, firm or corporation delivering such coal, the net weight thereof as shown by the delivery ticket thereof of such person, firm or corporation, the name of the purchaser thereof, the gross and net weight of the coal so weighed, and the date of weighing. Such book shall be the book of original entries, and all certificates delivered by the owner of such scales shall be copies of the entries contained therein, and such books shall at all reasonable hours be open to the inspection of any citizen. $160. Recovery and disposition of penalties. The penalties provided in this article shall be recoverable at the suit of the city in which such penalties are incurred, and the amount so collected, as well as any amount collected in suits brought to recover the amounts due on bonds given under the provision of this article, shall be paid over, one-half to any police pension or relief fund in such city, and one-half to any firemen's pension or relief fund therein. 161. Bills of lading; penalty for altering. A person guilty of altering with intent to defraud, any original bill of lading issued by the person, firm or corporation by whom the coal was loaded into the vessel in which such coal is transported to any city of the first or second class, in this state, or of uttering any such bill of lading so altered, or who is guilty of making, preparing or subscribing or uttering a false or fraudulent manifest, invoice or bill of lading thereof, or removing any part of such cargo of coal without having the amount thereof certified to in writing on such original bill of lading, by the person, firm or corporation receiving the coal so removed, and by the captain of the vessel containing such cargo, is punishable by imprisonment in a state prison, not exceeding three years or by a fine not exceeding one thousand dollars, or both, and the delivery of any fraudulent bill of lading to any purchaser of coal shall be presumptive evidence of uttering the same. with criminal intent. §§ 170-173 Article XI. ARTICLE XI. EFFECT OF CHAPTER; LAWS REPEALED. SECTION 170. Saving clause. 171. Construction. 172. Laws repealed. 173. Time of taking effect. § 170. Saving clause. The repeal of a law or any part of it specified in the schedule hereto annexed shall not affect or impair any act done or right accruing, accrued or acquired, or liability, forfeiture or penalty incurred prior to October first, nineteen hundred, under or by virtue of any law so repealed, but the same may be asserted, enforced, prosecuted or inflicted as fully and to the same extent as if such law had not been repealed; and all acts and proceedings, civil or criminal, commenced under or by virtue of the laws so repealed and pending on the thirtieth day of September, nineteen hundred, may be prosecuted and defended to final effect in the same manner as they might under the laws then existing, unless it shall be otherwise specially provided by law. § 171. Construction.-The provisions of this chapter so far as they are substantially the same as those of laws existing on September thirtieth, nineteen hundred, shall be construed as a continuation of such laws, modified or amended according to the language employed in this chapter, and not as new enactments; a reference in laws not repealed to provisions of laws incorporated into this chapter and repealed shall be construed as applying to the provisions so incorporated; and nothing in this chapter shall be construed to amend or repeal any provision of the criminal or penal code. $172. Laws repealed. The following acts and parts of acts are hereby repealed. The laws or parts thereof specified in the schedule hereto annexed and all acts amendatory thereof in force when this chapter takes effect, including all such amendatory acts, passed in nineteen hundred. 8173. Time of taking effect. This chapter shall take effect on the first day of October, nineteen hundred. 1860, ch. 39..... All.... Common council may compel attend ance of witnesses. 1872, ch. 590.... 2,4.... Parades and processions, forbidding 1892, ch. 602.... 1892, ch. 685.... 1893, ch. 66..... 1893, ch. 162... All.... All.... 2.... All.... All.... 1895, ch. 548.... All.... 1895, ch. 758.... 1895, ch. 990.... All.... Amends 1892, ch. 602, § 6. Lodging houses in cities of first class. All.... Commission to prepare general laws for cities of third class. All.... Bituminous coal in cities. Public celebrations in cities of the first class. Protection of purchasers of coal. Observance of Memorial Day in cities of third class. All.... Development of art in cities. Amends 1892, ch. 685, § 28. All.... Tuberculosis hospitals. |