shall neglect, for six months, so to do, the treasurer of the county, or the city clerk or comptroller of such city, as the case may be, on notification and request by the commissioner of weights and measures, shall provide such standards and cause the same to be tried, sealed and deposited, at the expense of the county or city. [1846]

Sec. 6749. County sealer of weights and measures.

The county commissioners of each county shall, on November 1, 1951, and quadrennially thereafter, appoint a county sealer of weights and measures, who shall hold office for four years from said date and until his successor is appointed and has qualified. Said county sealer shall keep a complete record of all of his official acts and shall make an annual report to the county commissioners, and, on or before November first in each year, shall make a report, duly sworn to, to the state commissioner of weights and measures, on blanks to be furnished by the commissioner. He shall be paid such compensation as shall be fixed by the senators and representatives resident in the same county at their biennial meeting, and no fee shall be charged by him, or by the county, for the inspection, testing or sealing of weights, measures or weighing or measuring devices. Unless otherwise provided by law, the county sealer shall have power, within his county, to inspect, test, try and ascertain the correctness of all weights, scales, beams, measures, instruments or mechanical devices for measuring, and tools, appliances or accessories connected with any such instruments or measures kept, offered or exposed for sale, sold or used or employed within the county 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, offered or submitted by such person or persons for sale, hire or reward; and he shall have power to, and shall, from time to time, weigh or measure packages or amounts of commodities of any kind kept for the purpose of sale, offered for sale or sold or in the process of delivery, in order to determine whether the same contain the amounts represented and whether they are offered for sale or sold in accordance with law. He shall, at least twice each year, and as much oftener as he may deem necessary, see that the weights, measures, and all apparatus used in the county, including those under the care of city and town sealers of weights and measures, are correct. He may, in the performance of his official duties, enter, without warrant, into or upon any stand, place, building or other premises, or stop any vendor, peddler, junk dealer or driver of any vehicle transporting coal, coke, ice or any similar commodity, or any dealer and require him to proceed to some place which such sealer may specify, for the purpose of making tests. The county sealer of weights and measures shall cause any person vio

lating any of the provisions of this chapter [Secs. 6747-6752] relating to weights and measures to be prosecuted. Whenever such sealer shall compare weights, measures or weighing or measuring instruments, and find that they correspond, or shall cause them to correspond, with the standards in his possession, he shall seal or mark such weights, measures or weighing or measuring instruments with appropriate devices, to be approved by the commissioner of weights and measures. He shall condemn and seize, and may destroy, incorrect weights, measures or weighing or measuring instruments which, in his judgment, are not susceptible of satisfactory repair; but he shall mark or tag such as are incorrect and yet may be repaired, as "condemned for repairs," in a manner prescribed by the commissioner. The owner or user of any weights, measures or weighing or measuring instruments which are so marked shall have the same repaired or corrected within ten days and, until so repaired or corrected, such owner or user shall neither use nor dispose of the same in any way, but shall hold the same at the disposal of the sealer. Any apparatus which has been so condemned for repairs and has not been repaired as hereinbefore required shall be confiscated by the sealer.

The county sealer of weights and measures shall, forthwith upon his appointment, give a bond in the penal sum of one thousand dollars, with sureties to be approved by the county treasurer, for the faithful performance of the duties of his office. Nothing in the foregoing provisions shall be construed to prevent two or more counties from combining the whole or any part of their respective counties, as may be agreed upon by the county commissioners, with one set of standards and one sealer, upon the written consent of the commissioner of weights and measures. A county sealer appointed in pursuance of an agreement of such combination shall, subject to the terms of his appointment, have the same authority, jurisdiction and duties as if he had been appointed by each of the authorities who are parties to the agreement. The salary of the county sealer of weights and measures shall be paid by the county treasurer on order drawn by the county commissioners. [1911; last amended 1937.]

Sec. 6750. City sealers of weights and measures.

There shall be a city sealer of weights and measures in each city of not less than twenty five thousand population, according to the last preceding official state or United States census, to be appointed by the mayor, subject to the approval of the common council. He shall, in such city, perform the same duties and have the same powers as the county sealer in the county. In those cities in which no sealer is required by this section, the county sealer of the county shall perform the same duties and have the same powers as in the county.

General Statutes, Revision of 1949, Vol. III, Title 50, Ch. 321-Commissioner of Weights and Measures, Sealers and Inspectors Continued.

Nothing in the foregoing provisions shall be so construed as to prevent any county and any of the cities situated therein from combining the whole or any part of their respective territories, as may be agreed upon, with one sealer, subject to the written approval of the commissioner of weights and measures. A sealer appointed in pursuance of any agreement for such combination shall, subject to the terms of his appointment, have the same jurisdiction and duties as if he had been appointed by each of the authorities who are parties to the agreement. [1911]

Sec. 6751. Police powers.

The commissioner of weights and measures, his inspectors and the county and city sealers of weights and measures shall each have power to arrest, without warrant, any violator of the laws relating to weights and measures, and to seize, without warrant, for use as evidence, any false or unsealed weight, measure or weighing or measuring device, or package or amount of any commodity, found to be used, retained, offered or exposed for sale or sold in violation of the law. [1911]

Sec. 6752. Town standards; inspectors.

The selectmen of each town shall provide standard weights and measures of various kinds, as may be recommended and approved by the commissioner of weights and measures, and cause them to be tried and compared with the state standards. The board of selectmen in any town may appoint an inspector of weights and measures and fix his salary to be paid by the town. The inspector of weights and measures in each town shall have the custody of its weights and measures. He shall annually try, by the town standards, the weights and measures used in trade in such town, destroy such as he shall be unable to make correspond with the standards and stamp such as shall be found or made true, with the capital initial letter or letters of the name of the town, and the year of such inspection. [1846; last amended 1911.]

General Statutes, Revision of 1949, Vol. III, Title 50, Ch. 322-Licensing of Public Weighers.

Sec. 6753. License required; fees; revocation of license.

Any person who is in possession of suitable scales or is employed by a person, firm or corporation in possession of suitable scales may be licensed as a public weigher by the commissioner of weights and measures, provided said commissioner is satisfied that such person is of good reputation and competent to perform the duties of such office and that the scales to be used by such person are of suitable design, in good repair and sealed by a sealer of weights and measures or by a state inspector of

weights and measures. Each such licensee shall be qualified to perform the duties of a public weigher as prescribed in section 6763, and upon payment of the sum of three dollars shall receive a license to serve as a public weigher. All licenses issued to public weighers under the provisions of this section shall be for the period ending on the first day of July, 1949, and thereafter such licenses shall be issued for the period ending on the first day of July in each successive three-year period. Each person licensed under this section shall be given a numbered license certificate which shall be kept at the place where the public weigher is engaged in weighing and such certificate shall be available for inspection at all times. A license may be revoked by the commissioner after a hearing, on due notice to the licensee, for dishonesty, incompetency, inaccuracy, refusal to weigh as required by law, or for any violation of the provisions of the statutes relating to weights and measures. All fees collected by the commissioner of weights and measures under this section and section 6764 shall be added to the appropriation for the commissioner of weights and measures, and said commissioner shall pay from said appropriation all expenses incurred in carrying out the provisions of this chapter [Secs. 6753-6756]. [1937; last amended 1943.]

Sec. 6754. Duties.

Each public weigher shall weigh all articles brought to him for weighing, provided such articles are customarily sold by weight, and provided such public weigher is equipped with the particular kind of scales customarily used for weighing such articles. [1943]

Sec. 6755. Fees.

A licensed public weigher shall be entitled to charge a fee in such amount as is approved by the commissioner of weights and measures and upon the of such fee shall issue a certificate of payment the weight of such articles. [1943] Sec. 6756. Penalties.

Any public weigher who violates any provision of the statutes relating to weights and measures shall, upon a first conviction, be fined not less than twenty dollars nor more than two hundred dollars or imprisoned not more than three months or be both fined and imprisoned. Upon any subsequent conviction any such person shall be fined not less than fifty dollars nor more than five hundred dollars or imprisoned in the county jail not more than one year, or be both fined and imprisoned. [1943] General Statutes, Revision of 1949, Vol. III, Title 50, Ch. 323-Weight and Measurement of Specific Articles.

Sec. 6757. Pound; hundred weight; ton; barrel; gallon.

The avoirdupois pound shall bear to the troy pound the relation of seven thousand to five thousand seven hundred and sixty. The hundred

weight shall contain one hundred avoirdupois pounds; and the ton, twenty hundred weight. The barrel for liquids shall contain thirty-one and onehalf gallons, except the barrel for beer, ale and porter which shall contain thirty-one gallons; and the hogshead, two barrels. The liquid gallon shall contain two hundred and thirty-one cubic inches. [1827; last amended 1935.]

Sec. 6758. Bushel; charcoal; flour; potatoes; flour and potato barrel.

The bushel in struck measure shall contain twenty-one hundred and fifty and forty-two hundredths cubic inches, and in heap measure twentyfive hundred and sixty-four cubic inches, except that each bushel of charcoal shall contain twenty-seven hundred and forty-eight cubic inches. When sold by weight, the bushel of charcoal shall weigh twenty pounds when commercially dry; the barrel of flour, one hundred and ninety-six pounds and the barrel of potatoes, one hundred and fifty pounds. last amended 1935.]

Sec. 6759. Bushel weights;1 penalty.

[1827;

Pounds per bushel 48

25

48

60

28

24

50

12

20

48

50

60

80

56

50

44

30

32

12

Any person who, [by] himself, or by his servant or agent, or as the servant or agent of another, shall sell or offer for sale any of the above-mentioned commodities at a less weight per bushel than herein specified shall be fined or imprisoned or both as provided in section 6775. [1857]

1 A slight change in arrangement has been made for convenience of reference.

Sec. 6760. Weight of sand and gravel.

A cubic yard of sand shall contain twenty-six hundred pounds, and a cubic yard of gravel, twentyeight hundred pounds. [1917]

Sec. 6761. International log rule.

The international log rule is adopted as the standard log rule for determining the board foot content of saw logs and all contracts entered into after October 1, 1943, for the purchase and sale of saw logs shall be made on the basis of such standard rule, unless some other method of measurement is specifically agreed upon. [1943]

Sec. 6762. Cotton thread; marking requirements; penalty.

Each manufacturer of cotton sewing thread, and each person engaged in putting up such thread on spools or in packages of one pound weight or less, intended for sale, shall, before the same shall be offered for sale, affix to or impress upon each spool or package, a label or stamp designating its weight or length in yards. Any such manufacturer, or person engaged as aforesaid, who shall neglect to affix to or impress upon each spool or package such a label or stamp, or shall, with intent to deceive, affix to or impress upon or suffer to be affixed to or impressed upon any such spool or package a label or stamp specifying that it contains a greater number of yards, or a greater quantity of thread by five per cent than it does contain, shall be fined five dollars for each of such spools or packages; and any trader who shall offer for sale such thread, knowing or having reason to believe that it is falsely labeled or stamped in regard to length or quality, shall be subject to the same fine. [1869]

Sec. 6763. Sale of coal and coke by weight.

All coal and coke sold, except in accordance with a written agreement with the purchaser otherwise, or offered for sale, in this state, shall be sold or offered for sale by weight. No person, firm or corporation shall deliver any coal or coke without first having such coal or coke weighed by a public weigher on stationary scales suitable for the weighing of coal or coke, which have been tested and

General Statutes, Revision of 1949, Vol. III, Title 50, Ch. 323-Weight and Measurement of Specific Articles-Continued.

sealed by an authorized sealer or inspector of weights and measures. Such coal or coke shall be accompanied while in transit by a delivery ticket and a duplicate original thereof, on which shall be distinctly expressed in ink, or other indelible substance, in pounds, the weight of the coal or coke contained in the vehicle or other receptacle, together with the name and address of the seller, the name and address of the purchaser, the signature and license number of the public weigher and the date of the weighing, together with the number of bags or sacks of such commodity, when the bags or sacks shall be representative of the quantity contained in the vehicle used for transporting such coal or coke, provided coal or coke sold or offered for sale in this state in quantities of fifty pounds or less, in paper bags, sacks or similar containers, when the name and address of the dealer and the net contents of avoirdupois weight shall be distinctly and indelibly marked in ink or otherwise on such paper bags, sacks or similar containers, shall be exempt from the provisions of this section requiring delivery tickets and duplicates thereof. One of such duplicate delivery tickets shall be surrendered, upon demand, to any sealer or inspector of weights and measures for his inspection, and such ticket, or, when the sealer shall desire to retain one of the duplicate tickets, a weight slip, issued by the seller and signed and dated by the sealer or inspector, shall be delivered to the purchaser or his agent or representative, at the time of the delivery of such coal or coke, and the other duplicate ticket shall be retained by the seller for a period of one year, subject to inspection by any sealer or inspector of weights and measures. If the purchaser or his agent shall take such coal or coke from the seller's place of business, a delivery ticket in the form required by this section and signed by a public weigher shall be given to the purchaser or his agent at the time of delivery. No person shall sell or deliver, or attempt to sell or deliver, or offer to sell or deliver less than the amount of coal or coke represented in the delivery tickets therefor, provided a tolerance at the rate of five pounds to the ton shall be allowed for unavoidable wastage and variation in scales. No public weigher shall weigh coal or coke loaded on a vehicle for transportation thereon and sign a delivery ticket therefor, unless he shall have first weighed the vehicle empty on the same day and on the same scales, in order to determine the true net weight of such load of coal or coke. Any person who violates any provision of this subsection shall be fined not more than two hundred dollars or imprisoned not more than six months or both. [1911; last amended 1939.]

Sec. 6764. Same: Location of scales; fee for testing scales outside the state.

All scales tested and approved by the commissioner shall be located within this state or within an

additional adjoining area extending at least five miles, but not more than ten miles, from the state boundaries; the outside boundary of such additional adjoining area beyond the five mile minimum to be fixed by the commissioner of weights and measures, and to be based upon the commissioner's facilities for testing and inspecting scales located outside the state and for maintaining reasonable supervision of weighing at such scales. The commissioner shall charge a fee of ten dollars for testing and approving any scales located outside the state. [1937; last aniended 1939.]

Sec. 6765. Same: Not to apply to foreign or interstate com

merce.

No provision of sections 6763 and 6764 shall apply or be construed to apply to foreign or interstate commerce, except to the extent that such application may be effective under the constitution of the United States and under the laws of the United States enacted pursuant pursuant thereto. [1937; last amended 1939.]

Sec. 6766. Bottles for milk and cream.

Typical glass milk bottles conforming to the requirements of this section may be used and re-used as liquid measures in dispensing milk, skimmed milk, buttermilk or cream. Containers made of paper composition or similar substance may be used in dispensing such commodities, but shall not be used more than once. Bottles may be made in the following capacities: One quart, one pint, ten fluid ounces, one-half pint and one gill. All such bottles shall be so made as to hold their rated capacity when filled to a well defined mark, and, when in use, shall be so filled. Each milk bottle shall be clearly and permanently marked with its capacity, with the word "Sealed" and, for purposes of identification, with the name, initials, or trademark of the manufacturer and the manufacturers' mold designation which identifies the pattern or design of the bottle. The capacity designation and the word "Sealed" shall not be on the bottom of the bottle. Each manufacturer of bottles selling marked bottles in this state shall register with the commissioner of weights and measures his name and address and the mark, designated by said commissioner, by which his bottles may be clearly distinguished from the bottles of other manufacturers. Said commissioner shall prepare a table of tolerances to be allowed in excess or deficiency on individual bottles and on the average capacity of bottles in any one lot, a copy of which table of tolerances shall be furnished to all sealers of weights and measures and to other interested persons. Any person receiving, in this state, a shipment of new milk bottles in a quantity equal to one gross or more shall immediately notify the city or county sealer of weights and measures having jurisdiction, and such sealer, being so notified, shall immediately proceed to examine a reasonable number of such bottles and shall ascertain as to whether the bottles are accurate

in capacity within the tolerances to be allowed in excess or deficiency on individual bottles, and on the average capacity of bottles, as prepared by said commissioner. If such bottles are found to be accurate within the specified tolerances, the sealer shall notify the owner of his findings and permit the use of such bottles in this state. When he finds that the bottles are inaccurate beyond the limits of the tolerances in excess or deficiency as to individual bottles, or inaccurate beyond the prescribed tolerance for the average bottle, he shall immediately impound such bottles and hold them in his possession for a period of not less than ten days. On making such seizure, he shall immediately notify both the purchaser and the manufacturer of such bottles and, at the end of thirty days from seizure, he may destroy such bottles. Any person who, by himself or by his agent or as the servant or agent of another, violates the provisions of this section, shall be subject to the penalties provided in section 6775. [1937; reenacted 1949.]

Sec. 6767. Testing machines used in weighing milk or cream. The state commissioner of weights and measures, or his deputy or inspectors, at his direction, shall, at least once in each year, and oftener if in his judgment it shall be necessary, inspect and ascertain the correctness of all weights, scales, beams, instruments or mechanical devices used by any person, firm or corporation engaged in the business of purchasing milk or cream by weight. They may, for such purpose, and in the general performance of their official duties, enter, without warrant, into any place, building or premises. Said commissioner, or his deputy or inspectors, shall seal any such weighing instrument or instruments, or apparatus found to be correct, and may seize and destroy any such instrument or apparatus found to be incorrect. [1933]

Sec. 6768. Sale of preheated petroleum products to be by weight.

The quantity of all preheated petroleum products sold, offered for sale or delivered at retail shall be determined by weight, such weighing to be done by a public weigher licensed by the state of Connecticut, who shall weigh such products in the containers or vehicles in which they are to be delivered and on scales that have been tested and sealed by an authorized sealer or inspector of weights and measures. [1945]

Sec. 6769: Same: Delivery tickets; requirements.

Each vehicle or container of such petroleum products while in transit for delivery shall be accompanied by a delivery ticket and a duplicate original thereof, on which shall be distinctly expressed in ink or other indelible substance (a) in pounds, the gross and tare weights of the vehicle or container; (b) the net weight of such petroleum products contained in such vehicle or container and its

specific gravity or the gravity determined by accepted standard practice of using the formula of the American Petroleum Institute at sixty degrees Fahrenheit; (c) the quantity of petroleum products so transported expressed in gallons or in barrels computed at forty-two gallons per barrel, the method of determining such gallonage or barrelage to be by accepted standard practice on the basis of the products being at a temperature of sixty degrees Fahrenheit; (d) the name and address of the seller; (e) the name and address of the purchaser; (f) the signature and license number of the public weigher; and (g) the date of the weighing. One of such duplicate delivery tickets shall be surrendered upon demand to any sealer or inspector of weights and measures for his inspection, and such ticket, or, when such sealer desires to retain one of the duplicate tickets, a weight slip issued and signed and dated by the sealer or inspector shall be delivered to the purchaser or his agent or representative at the time of delivery of such petroleum products, and the other duplicate ticket shall be retained by the seller for a period of one year, during which time it shall be subject to inspection by a sealer or inspector of weights and measures. If the purchaser takes such petroleum products from the vendor's place of business, a delivery ticket in the form required by this section, signed by a licensed public weigher, shall be given to the purchaser or his agent at the time of delivery. No person shall sell or deliver, attempt to sell or deliver or offer to sell or deliver less than the amount of such petroleum products represented by the delivery tickets therefor, provided a tolerance at the rate of five pounds to the ton shall be allowed. [1945]

Sec. 6770. Same: Public weighers to secure tare weight.

No public weigher shall weigh such petroleum products loaded on a vehicle or in a container for transportation and sign a delivery ticket therefor unless he has secured the tare weight of the vehicle or the container in which such petroleum products are loaded for the purpose of delivery. [1945]

Sec. 6771. Same: Exemptions.

The provisions of sections 6768 to 6772, inclusive, shall not apply to barge, railroad track car or drum deliveries. [1945]

Sec. 6772. Same: Penalty for violations.

Any person who, by himself, his employee or agent, or as the employee or agent of another, violates any of the provisions of sections 6768 to 6771, inclusive, shall, upon a first conviction, be fined not less than twenty dollars nor more than two hundred dollars or imprisoned not more than three months or be both fined and imprisoned. Upon any subsequent conviction any such person shall be fined not less than fifty dollars nor more than five hundred dollars or imprisoned in the