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 process, and 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] 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. 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 anv obligation relating thereto, or to acquire title there to, 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, rep resentation 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 publica tion of such advertisement published in good faith and without knowledge of the falsity thereof. [1913] 1 See Sec. 112-27, this page. 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. 45064542], 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 inspec tors 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, from which they shall not be removed except for repair or for certification, and he shall take all other necessary precautions for their safekeeping. He shall maintain the state standards in good order and shall submit them at least once in ten years to the national bureau of standards for certification. He shall keep a complete record of the standards, balances, and other apparatus belonging to the State and take a receipt for the same from his successor in office. He shall annually, on the first day of January, make to the governor a report of all work done by his office. The director of the physical laboratory of West Virginia University shall be the assistant commissioner of weights and measures. It shall be his duty, upon the request of the commissioner, to make or cause to be made at said physical laboratory all such tests, calibrations and determinations as may be necessary for the carrying out of this article. [1915] Sec. 4512. Power of commissioner to administer oaths and compel testimony. In the exercise of his powers and the performance of his duties under this article [Secs. 4506-4542], the commissioner of weights and measures shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of books, papers, accounts and documents. In case of failure on the part of any person to comply with any proper order of the commissioner, or any subpoena issued in behalf of the commissioner, or on the refusal of any witness to testify with reference to any matters upon which such witness may be lawfully interrogated, it shall be the duty of the circuit court of any circuit, upon application of the commissioner, to compel obedience by attachment proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. [1915] Sec. 4513. Inspection and sealing of weights and measures of county or city; inspecting work of local sealers. The commissioner of weights and measures, or his assistant commissioner, deputy, or inspectors, at his direction, shall at least once in five years try and prove by the office standards all standard weights, measures and other apparatus which may belong to any county or city required to appoint a sealer and to purchase and keep standards of weights and measures by the provisions of this article, and shall seal such when found to be accurate by stamping on them the letters "W. V." and the last two figures of the year with seals which he shall have and keep for that purpose. The state commissioner, or his assistant, deputy or inspectors, at his direction, shall inspect all standard weights, measures and other apparatus used by such coun ties and cities at least once in two years, and shall keep a record of the same. He, or his deputy, or inspectors, at his direction, shall at least once in two years visit these cities and counties for the pur pose and in order to inspect the work of the local sealers, and in the performance of such duties they may inspect the weights, measures, balances, or any other weighing or measuring appliances of any person, and shall have the same powers as the local sealer of weights and measures. [1915; last amended 1931.] Sec. 4514. Supervision by commissioner; tests on request or at state institutions. The state commissioner of weights and measures shall have and keep a general supervision of the weights and measures and weighing and measuring devices offered for sale, sold, or in use in the State. He, or his assistant commissioner, deputy, or inspectors, at his direction, shall, upon the written request of any citizen, firm or corporation, or educational institution in the State, test or calibrate weights, measures and weighing or measuring devices used as standards in the State. He, or his assistant commissioner, deputy, or inspectors, at his direction, shall at least once annually test all scales, weights and measures used in checking the receipts or disbursements of supplies in every institution for the maintenance of which moneys are appropriated by the legislature, and he shall report in writing his findings to the state board of control and to the executive officer of the institution concerned, and, at the request of such board or executive officer, the commissioner of weights and measures shall appoint, in writing, one or more employees then in the actual service of the institution who shall act as special deputies for the purpose of checking the receipts and disbursements of supplies. [1915] Sec. 4515. Commissioner's duties. power, and The state commissioner shall have the it shall be his duty, either personally or by deputy or through the agency of a county or city sealer of weights and measures, to inspect, test, try and ascertain if they are correct, all weights, measures, and weighing or measuring devices kept, offered or exposed for sale, sold or used or employed by any proprietor, agent, lessee, or employee in proving the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption purchased or offered or submitted by such person or persons for sale, hire or award; and he shall have the power to and shall from time to time weigh or measure and inspect packages or amounts of commodities of whatsoever kind kept for the purpose of sale, offered or exposed for sale, or sold or in the process of delivery, in order to determine whether the same contain the amounts represented, and whether they be offered for sale or sold in a manner in accordance with law. He shall at least twice a year, and as much oftener as he may deem necessary, see that all weights, measures and weighing or measuring devices are correct. He and his authorized deputies may, for the purpose above mentioned, and in the general performance |
