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Pierce's Perpetual Code 1943—Gas, Electric and Water

Meters. Sec. 819–51. Testing; sealing; testing upon request; fees.

The commission [Public Service Commission] may appoint inspectors of gas and water meters whose duty it shall be when required by the commission to inspect, examine, prove and ascertain the accuracy of

any
and all

gas

and water meters used or intended to be used for measuring or ascertaining the quantity of gas for light, heat or power, or the quantity of water furnished for any purpose by any public service company to or for the use of any person or corporation, and when found to be or made to be correct such inspectors shall seal all such meters and each of them with some suitable device to be prescribed by the commission.

No public service company shall thereafter furnish, set or put in use any gas or water meter which shall not have been inspected, proved and sealed by an inspector of the commission under such rules and regulations as the commission may prescribe.

The commission may appoint inspectors of electric meters whose duty it shall be when required by the commission to inspect, examine, prove and ascertain the accuracy of any and all electric meters used or intended to be used for measuring and ascertaining the quantity of electric current furnished for light, heat or power by any public service company to or for the use of any person or corporation, and to inspect, examine and ascertain the accuracy of all apparatus for testing and proving the accuracy of electric meters, and when found to be or made to be correct the inspector shall stamp or mark all such meters and apparatus with some suitable device to be prescribed by the commission. No public service company shall furnish, set or put in use any electric meters the type of which shall not have been approved by the commission.

Every gas company, electrical company and water company shall prepare and maintain such suitable premises, apparatus and facilities as may be required and approved by the commission for testing and proving the accuracy of gas, electric or water meters furnished for use by it by which apparatus every meter may be tested.

If any consumer to whom a meter has been furnished shall request the commission in writing to inspect such meter, the commission shall have the same inspected and tested, and if the same, on being so tested, shall be found to be more than four per centum if an electric meter, or more than two per centum if a gas meter, or more than two per centum if a water meter, defective or incorrect to the prejudice of the consumer, the expense of such inspection and test shall be borne by the gas company, electrical company or water company, and if the same, on being so tested shall be found to be correct within the limits of error prescribed by the provisions of

this section, the expense of such inspection and test shall be borne by the consumer.

The commission shall prescribe such rules and regulations to carry into effect the provisions of this section as it may deem necessary, and shall fix the uniform and reasonable charges for the inspection and testing of meters upon complaint. [1911] Pierce's Perpetual Code 1943 — Railroads, Lumber

Weighing Facilities.
Sec. 835–37. Scales to be provided.

That all railroad companies operating as common carriers within the limits of this state shall hereafter be required to provide scales, and weigh at junction or at some common point within this state all cars loaded with lumber, shingles or other forest products for shipment. [1905] Sec. 835–39. Freight charges based on weights.

All charges for freight on said commodities, except where error is apparent, shall be based on the weights determined by the weighing stations within the limits of this state, and all bills of lading of railroad companies operating within the limits of this state shall specify these provisions: Provided, This act (Secs. 835–37—835-47] shall not apply to switching charges or to the handling of logs where the charges is [sic] by the car or by the thousand feet. [1905] Sec. 835-41. Weight statement to shipper.

Any railroad company's employe acting as weigher shall upon request of any shipper give him a statement showing gross and net weight of any shipment by him. Sworn count and weight of shipper shall be presumptive evidence of true weight where error in railroad's weights is apparent. [1905] Sec. 835–43. Separate weighing.

All cars shall be weighed on the scales separately, and not attached to other cars, and at a stand-still. [1905] Sec. 835–45. Penalty for violations.

In case of violation of the provisions of this act [Secs. 835–37—835–47] by any railroad company, it shall pay a penalty of twenty dollars ($20) for every car it shall neglect to weigh and bill within the state as above provided, to be recovered from such company in action where there is any agent of such railroad company who may be served with the penalties recovered under this act shall be paid into the county treasury in such county where action is taken. (1905) Sec. 835-47. Private contract regarding weights permitted, when.

Nothing contained in this bill shall interfere with the right of the shipper and carrier to enter into a private contract regarding weights when it is impracticable to weigh. [1905]

process, and

Session Laws 1949, Ch. 121-Anti-Freeze.
Sec. 1. Definition.

As used in this act [Secs. 1-11], unless the context or subject matter otherwise require: (1) “Antifreeze" shall include all substances and preparations intended for use as the cooling medium, or to be added to the cooling liquid, in the cooling system of internal combustion engines to prevent freezing of the cooling liquid or to lower its freezing point; and (2) "person" shall include individuals, partnerships, corporations, companies and associations. [1949) Sec. 3. When deemed misbranded.

An anti-freeze shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; or (2) if in package form it does not bear a label containing the name and place of business of the manufacturer or distributor and an accurate statement of the quantity of the contents in terms of weight or measure on the outside of the package. (1949) Sec. 5. Enforcement.

The Department of Agriculture shall enforce the provisions of this act (Secs. 1-11] (1949) Sec. 11. Penalty for violations.

Any person violating or failing to comply with any of the provisions of this chapter [Secs. 1-11] or any rule, regulation, definition, or standard of quality issued pursuant hereto is guilty of a gross misdemeanor and shall be punished by a fine of not less than two hundred fifty dollars and not more than one thousand dollars, or by imprisonment for not less than ten days or not more than thirty days, or by both fine and imprisonment. [1949) Pierce's Perpetual Code 1943—Misdemeanors. Sec. 112—27. Punishment of misdemeanor when not fixed.

Every person convicted of a misdemeanor for which no punishment is prescribed by any statute in force at the time of conviction and sentence, shall be punished by imprisonment in the county jail for not more than ninety days, or by a fine of not more than two hundred and fifty dollars. [1909)

Sec. 112–29. Punishment of gross misdemeanor when not

fixed.

Every person convicted of a gross misdemeanor for which no punishment is prescribed in any statute in force at the time of conviction and sentence, shall be punished by imprisonment in the county jail for not more than one year, or by a fine of not more than one thousand dollars, or by both. [1909) Sec. 112–33. Prohibited acts; misdemeanors.

Whenever the performance of any act is prohibited by any statute, and no penalty for the violation of such statute is imposed, the committing of such act shall be a misdemeanor. [1909] Pierce's Perpetual Code 1943—False Advertising. Sec. 116–39. Unlawful acts; misdemeanor.

Any person, firm, corporation or association who, with intent to sell or in any wise dispose of merchandise, securities, service, or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, makes, publishes, disseminates, circulates, or places before the public, or causes, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public in this state, in a newspaper or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet, or letter, or in any other way, an advertisement of any sort regarding merchandise, securities, service, or anything so offered to the public, which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading, shall be guilty of a misdemeanor: 1 Provided, That the provisions of this act [section) shall not apply to any owner, publisher, agent, or employee of a newspaper for the publication of such advertisement published in good faith and without knowledge of the falsity thereof. [1913] 1 See Sec. 112-27, this page.

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Code of 1943 Annotated, Ch. 47, Art. 1–Weights and
Measures

Page Sec. 4506 Definitions

1076 4507 State standards

1076 4508 Office and working standards

1076 4509 Commissioner of weights and measures; deputies and inspectors

1076 4510 Bond of commissioner

1076 4511 Standards: Care; certification; reports; assistant commissioner

1076 4512 Power of commissioner to administer oaths and compel testimony

1077 4513 Inspection and sealing of weights and

measures of county or city; inspecting
work of local sealers

1077
4514 Supervision by commissioner; tests on re-
quest or at state institutions

1077 4515 Commissioner's duties

1077 4516 Sealing

1078 4517 Condemnation

1078 4518 Deputies and inspectors; general duties-- 1078 4519 County sealers; deputies

1078 4520 City sealers; deputies; regulation

1078 4521 Combined territory for one set of standards and one sealer

1079 4522 County and city sealer; bond

1079 4523 Procurement and certification of county and city standards

1079 4524 County and city sealers: Powers; duties; rules and regulations

1079 4525 Same: Records; reports

1079 4526 Arrests and seizures

1079 4527 Obstruction of officers

1079 4528 Impersonation of officers

1080 4529 Packaged commodities: Standard weight

containers for flours, corn meals, hominy

and hominy grits; exceptions; mark-
ing requirements for all packaged
commodities; tolerances; exemptions;
"package" defined

1080 4530 Butter and oleomargarine: Sold by

weight only; marking requirements; ex-
ception

1080 4531 Bottles for milk or cream: Capacity; vari

ations; markings; designating numbers;

bond of manufacturer; penalties 1080 4532 Bushel and its subdivisions

1081 4533 Ton

1083 4534 Barrel of flour

1083 4535 Standard lime barrel

1083 4536 Standard barrel for fruits and other commodities; cranberries

1083 4537 Standards for climax baskets

1083 4538 Standard container for small fruits and vegetables

1083 4539 Sale of commodities to be by net weight; construction of contracts

1083 4540 Log rule

1083 4541 Offenses; penalties

1083

Code of 1943 Annotated, Ch. 19, Art. 2—Agricultural

Products, Markets Sec. 1915 Definitions

1084 1917 Commissioner to establish weights and rules

1085 1921 Unlawful sales; marking requirements. 1085 1924 Enforcement; rules and regulations 1085 1924 (1) Penalty for violations

1085 Code of 1943 Annotated, Ch. 19, Art. 2A-Agricultural

Products, Public Markets Sec. 1924 (2) Public market defined

1085 1924 (3) State regulation

1085 1924 (5) Permit required

1085 1924 (8) Revocation of permits

1085 1924 (9) Bond required

1085 1924 (11) Weighmen: License; sale of livestock by weight

1085 1924 (14) Unlawful for licensed weighman to buy or

trade at market in which employed;
false weighing -----

1085 1924 (18) Enforcement; rules and regulations 1085 1924 (20) Penalty for violations

1086 Code of 1943 Annotated, Ch. 19, Art. 5—Fruits and

Vegetables, Closed Packages Sec. 1958 Rules and regulations governing marking requirements

1086 1959 Markings on packages

1086 1960 Enforcement

1086 1962 Penalties for violations

1086 1963 Exemption from prosecution

1086

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Code of 1943 Annotated, Ch. 19, Art. 14—Commercial

Feeding Stuffs
Sec. 2077 Definition

2078 Marking requirements
2083 Bulk sales
2085 Enforcement; rules and regulations; stop

1087 1087 1087

Code of 1943 Annotated, Ch. 8, Art. 4-Municipal Cor

porations, General Powers Sec. 494 Weighing of hay, coal and other articles 1084 Code of 1943 Annotated, Ch. 8A, Art. 4-Municipal

Corporations, Class I and II Cities
Sec. 591 (18)
Classification

1084 591 (92) Special powers

1084

sale order ---2087 Penalty for violations

1087 1087

1947 Cumulative Supplement to Code of 1943 Anno

tated, Ch. 19, Art. 15—"West Virginia Fertilizer

Law of 1947"
Sec. 2089 Enforcing official

2090 Definitions
2092 Marking requirements
2096 (1g) "Stop sale" orders
2096 (li) Penalty for violations

1088
1088
1088
1088
1088

Code of 1943 Annotated, Ch. 19, Art. 15A-Agricul

tural Lime

Page

Sec. 2096 (2) Definition

1088 2096 (3) Marking requirements

1088 2096 (7) Bulk sales

1088 2096 (9) Enforcement

1089 2096 (11) Penalty for violations

1089 Code of 1943 Annotated, Ch. 21, Art. 5—Labor, Check

weighman Sec. 2357 Checkweighman where wages depend on production

1089 Code of 1943 Annotated, Ch. 22, Art. 2–Mine Scales Sec. 2452 Scales and measures to be procured; testing

1089 2452 (1) Testing: Cooperative arrangement

1089

Page Sec. 2453 Coal cars: Marking and weighing

1090 2454 Weighing coal before screening

1090 2455 Weighman and checkweighman; employment; duties; oath

1090 2456 Penalties for violations

1090 2457 Mines subject to weighing and measuring provisions

1090 Code of 1943 Annotated, Ch. 24, Art. 2—Gas, Electric

and Water Meters Sec. 2557 Inspection and correction of meters; fees 1090 Code of 1943 Annotated, Ch. 61, Art. 3—False Adver

tising Sec. 5979 Unlawful acts; penalty

1091

Code of 1943 Annotated, Ch. 47, Art. 1–Weights

and Measures. Sec. 4506. Definitions.

The words "weights," "measures" or "weighing or measuring devices” as used in this article (Secs. 4506-4542) shall be construed to include all weights, scales, beams, measures of every kind, instruments and mechanical devices for weighing or measuring, and any appliances and accessories connected with any or all such instruments.

The words “sell” or “sale" as used in this article shall be construed to include barter and exchange. [1915; last amended 1919.) Sec. 4507. State standards.

The weights and measures received from the United States under a resolution of congress approved June fourteen, eighteen hundred and thirtysix, and such new weights and measures as have been or shall be received from the United States as standard weights and measures in addition thereto or in renewal thereof, and such as shall be supplied by the State in conformity therewith and certified by the national bureau of standards, shall be the state standards of weights and measures. Such state standards may be kept at the state university in its physical laboratory, or elsewhere at the discretion of the commissioner of weights and measures. [1915; last amended 1931.) Sec. 4508. Office and working standards.

In addition to the state standards of weights and measures provided for in this article (Secs. 4506– 4542], there shall be supplied by the State at least one complete set of copies of these standards, to be known as office standards; and such other weights, measures and apparatus as may be found necessary to carry out the provisions of this article, to be known as working standards. Such weights, measures and apparatus shall be verified by the state commissioner, or at his discretion by his deputy or inspectors, upon the initial receipt of such weights, measures and apparatus and at least once in each year thereafter, the

office standards by direct comparison with the state standards, the working standards by comparison with the office standards. When found accurate upon these tests the office and working standards shall be sealed by stamping on them the letters "W. V." and the last two figures of the year with seals which the state commissioner shall have and keep for that purpose. The office standards shall be used in making all comparisons of weights, measures and weighing and measuring devices submitted for test in the office of the commissioner, and the state standards shall be used only in verifying the office standards and for scientific purposes. (1915) Sec. 4509. Commissioner of weights and measures; deputies and inspectors.

The state commissioner of labor shall be ex officio commissioner of weights and measures, and he shall be authorized to appoint such deputies and inspectors as may be required to carry out the provisions and purposes of this article [Secs. 4506–4542] within the limits of such appropriation as may be made by the legislature for the maintenance of the work of the department of labor. [1915; last amended 1937.) Sec. 4510. Bond of commissioner.

The state commissioner of labor shall forthwith, on his appointment, give bond in the penal sum of five thousand dollars, for the faithful performance of the duties of his office as state commissioner of weights and measures, and for the safe keeping of the standards intrusted to his care and for the surrender thereof immediately to his successor in office or to the person appointed by the governor to receive them, which bond shall be approved as to form by the attorney general, and as to sufficiency by the governor. [1915; last amended 1931.] Sec. 4511. Standards: Care; certification; reports; assistant

commissioner.

The commissioner of weights and measures shall take charge of the standards adopted by this article [Secs. 4506–4542] as the standards of the State, and

cause them to be kept in a safe and suitable place, pose and in order to inspect the work of the local from which they shall not be removed except for re- sealers, and in the performance of such duties they pair or for certification, and he shall take all other may inspect the weights, measures, balances, or any necessary precautions for their safekeeping. He shall other weighing or measuring appliances of any maintain the state standards in good order and shall person, and shall have the same powers as the local submit them at least once in ten years to the national sealer of weights and measures. [1915; last bureau of standards for certification. He shall keep

amended 1931.) complete record of the standards, balances, and

Sec. 4514. Supervision by commissioner; tests on request or other apparatus belonging to the State and take a

at state institutions. receipt for the same from his successor in office. He

The state commissioner of weights and measures shall annually, on the first day of January, make to

shall have and keep a general supervision of the the governor a report of all work done by his office.

weights and measures and weighing and measuring The director of the physical laboratory of West

devices offered for sale, sold, or in use in the State. Virginia University shall be the assistant commis

He, or his assistant commissioner, deputy, or inspecsioner of weights and measures. It shall be his duty,

tors, at his direction, shall, upon the written request upon the request of the commissioner, to make or cause to be made at said physical laboratory all such

of any citizen, firm or corporation, or educational

institution in the State, test or calibrate weights, tests, calibrations and determinations as may be nec

measures and weighing or measuring devices used as essary for the carrying out of this article. [1915]

standards in the State. He, or his assistant commisSec. 4512. Power of commissioner to administer oaths and sioner, deputy, or inspectors, at his direction, shall compel testimony.

at least once annually test all scales, weights and In the exercise of his powers and the performance measures used in checking the receipts or disburseof his duties under this article Secs. 4506-4542), the ments of supplies in every institution for the maintecommissioner of weights and measures shall have the nance of which moneys are appropriated by the legpower to administer oaths and issue subpoenas to islature, and he shall report in writing his findings compel the attendance of witnesses and the produc

to the state board of control and to the executive tion of books, papers, accounts and documents. In

officer of the institution concerned, and, at the recase of failure on the part of any person to comply quest

of such board or executive officer, the commiswith any proper order of the commissioner, or any sioner of weights and measures shall appoint, in subpoena issued in behalf of the commissioner, or on writing, one or more employees then in the actual the refusal of any witness to testify with reference to

service of the institution who shall act as special any matters upon which such witness may be law- deputies for the purpose of checking the receipts fully interrogated, it shall be the duty of the circuit and disbursements of supplies. [1915] court of any circuit, upon application of the com

Sec. 4515. Commissioner's duties. missioner, to compel obedience by attachment proceedings for contempt as in the case of disobedience

The state commissioner shall have the power, and of the requirements of a subpoena issued from such

it shall be his duty, either personally or by deputy court or a refusal to testify therein. [1915]

or through the agency of a county or city sealer of

weights and measures, to inspect, test, try and ascerSec. 4513. Inspection and sealing of weights and measures tain if they are correct, all weights, measures, and of county or city; inspecting work of local sealers.

weighing or measuring devices kept, offered or exThe commissioner of weights and measures, or his posed for sale, sold or used or employed by any proassistant commissioner, deputy, or inspectors, at his prietor, agent, lessee, or employee in proving the direction, shall at least once in five years try and size, quantity, extent, area, or measurement of quanprove by the office standards all standard weights, tities, things, produce, or articles for distribution or measures and other

apparatus

which

may belong to consumption purchased or offered or submitted by any county or city required to appoint a sealer and such person or persons for sale, hire or award; and to purchase and keep standards of weights and meas- he shall have the power to and shall from time to ures by the provisions of this article, and shall seal time weigh or measure and inspect packages or such when found to be accurate by stamping on amounts of commodities of whatsoever kind kept for them the letters "W. V." and the last two figures of the purpose of sale, offered or exposed for sale, or the year with seals which he shall have and keep for sold or in the process of delivery, in order to deterthat purpose.

mine whether the same contain the amounts repreThe state commissioner, or his assistant, deputy or sented, and whether they be offered for sale or sold inspectors, at his direction, shall inspect all standard in a manner in accordance with law. He shall at weights

, measures and other apparatus used by such least twice a year, and as much oftener as he may counties and cities at least once in two years, and deem necessary, see that all weights, measures and shall keep a record of the same. He, or his deputy, weighing or measuring devices are correct. He or inspectors, at his direction, shall at least once in and his authorized deputies may, for the purpose two years visit these cities and counties for the pur- above mentioned, and in the general performance

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