Revised Statutes 1944, Vol. I, Title 4, Ch. 27-State Sealer of Weights and Measures.

Sec. 241. State sealer of weights and measures; state standards.

The commissioner of agriculture shall be the state sealer of weights and measures.

The standard weights and measures furnished by the government of the United States in accordance with the joint resolution of Congress approved June 14, 1836, and any additions thereto and renewals thereof certified to by the United States bureau of standards, and weights, measures, balances, and apparatus added by the state sealer of weights and measures and verified by the United States bureau of standards, shall be the standards of weights and measures throughout this state. [1911-13]

Sec. 242. Custody and certification of standards.

The standards adopted by the state shall be kept at the state house under the supervision of the state sealer and shall not be removed or used except for the adjustment of a set of working standards that are copies of the original standards or for scientific

Revised Statutes 1944, Vol. II, Title 13, Ch. 136Misdemeanor

Punishment when not fixed by statute

purposes or to be verified by the national bureau of standards. The state sealer shall maintain the state standards in good order and shall submit them at least once in 10 years to the national bureau of standards for certification. He shall at least once in 5 years cause the standards of the several cities and towns to be compared and corrected to conform with the state standards. [1911–13]

Sec. 243. Establishment of tolerances; supervision and enforcement of weights and measures laws; rules and regulations.

He

The state sealer of weights and measures shall after consultation with, and with the advice of, the national bureau of standards, establish specifications, tolerances and regulations for use in this state and said specifications, tolerances and regulations shall be the legal requirements of the state. shall have general supervision of the weights and measures, and weighing and measuring devices of the cities and towns of the state, and cause the enforcement of all laws pertaining to weights and measures in use in the state and may appoint such agents as he desires to assist in the enforcement. He shall make rules and regulations for the enforce

ment of the provisions of sections 241 to 247, inclusive, of this chapter [Ch. 27], and sections 105 to 110,1 inclusive, of chapter 79, and sections 176 to 202, inclusive, of chapter 88. [1913; last amended 1947.]

1 See page 423.

2 See pages 409-413.

Sec. 244. Enforcement of weights and measures law affecting municipal officers; deputy and inspectors.

The state sealer shall enforce the provisions of law requiring municipal officers to procure and maintain standards of weights and measures, and the appointing of a sealer of weights and measures. He may appoint a deputy who shall have the authority conferred by the 2 following sections, and may appoint inspectors with authority to perform any part or all of the duties provided in sections. 245 and 246. [1913]

Sec. 245. Inspection of work of local sealer; purchase of 100-gallon portable test measure.

The state sealer or his duly appointed deputy shall visit the various cities and towns in the state in order to inspect the work of the local sealers, and may at all times inspect and test the weights, measures, and balances of any person, firm, association, or corporation used, or to be used, in purchasing from or selling to the public any goods, wares, merchandise, or other commodities; if any such weights, measures, or balances are found to be inaccurate or defective, he shall forthwith cause the same to be corrected or condemned.

The state sealer of weights and measures or his duly appointed deputy, is hereby authorized to purchase, maintain and use a 100-gallon portable test measure for the purpose of testing the capacity of measuring devices used in the sale, purchase and distribution of gasoline. The expense of purchasing this 100-gallon portable test measure shall be provided for by proceeds from the tax on gasoline as provided in section 160 of chapter 14. [1913; last amended 1947.]

Sec. 246. Test of commodities offered for sale; right of entry.

The state sealer or his duly appointed deputy may, at irregular intervals, examine commodities sold or offered for sale and test them for correct weight, measure, or count, and bring complaint for violations of sections 176 to 197,1 inclusive, of chapter 88. He, or his duly appointed deputy may, for the purpose stated above, and in the general performance of his or their official duties, have access without formal warrant to any stand, place, building, or premises, or may stop any vendor, peddler, junk dealer, coal wagon, ice wagon, or any person for the purpose of making the proper tests. proper tests. [1913] 1 See pages 409–412.

Sec. 247. Record and annual report.

The state sealer shall keep a record in detail of the work of his office and shall annually, on or before the 1st day of July, make a written report of the work of his office to the governor and council. [1911]

Sec. 248. Oil bottles: Rules and regulations; sealing.

The state sealer of weights and measures shall make rules and regulations governing the manufacture and sale of lubricating oil bottles and may authorize the sealing of such lubricating oil bottles by any manufacturer thereof upon his agreeing to conform to such rules and regulations, and may revoke such authority on the failure of any manufacturer to conform with the said rules and regulations. [1933]

Revised Statutes 1944, Vol. I, Title 10, Ch. 88Weights and Measures.

Sec. 176.1 Local sealers: Election; term; removal only for neglect; penalties; state sealer to have jurisdiction.

The municipal officers of each town shall elect a sealer of weights and measures, also a deputy sealer if necessary, not necessarily a resident therein, and said sealer and deputy shall hold office during their efficiency and the faithful performance of their duties. On complaint being made to said officers of the inefficiency or neglect of duty of a sealer or deputy sealer, the said officers shall set a date for and give notice of a hearing to the complainant, sealer complained of, and the state sealer. If the evidence satisfies the said officers that the said sealer or deputy sealer has been inefficient or has neglected his duty, they may remove him from office and appoint another in his stead. The state sealer of weights and measures shall have jurisdiction over said sealer or deputy sealer, and any vacancy caused by death or resignation shall be filled by election by said municipal officers within 30 days; for each month that said municipal officers neglect their duty they severally shall forfeit $10. Within 10 days after each such election the clerk of each city or town shall communicate the name of the person so elected to the state sealer of weights and measures, and for neglect of this duty shall forfeit $10. Such sealer of weights and measures in any town may be sealer for several towns if such is the pleasure of the municipal officers therein, provided such action received the approval of the state sealer of weights and measures. [1913; last amended 1933.] 1 See Sec. 179, page 410.

Sec. 177. Same: Powers.

All local sealers of weights and measures and their deputy sealers in cities and towns shall have the same power that is given the state sealer of weights and measures and deputy state sealer by section 246 of chapter 27. [1917]

Revised Statutes 1944, Vol. I, Title 10, Ch. 88—
Weights and Measures-Continued.

Sec. 178. Town standards; custody; certification; penalty.
there-
The treasurer of each town, at the expense
of, or jointly with the treasurers of adjacent towns,
shall constantly keep as town standards a set of
beams and weights and measures subject to the
approval of the state sealer and conformable to the
state standards. Said treasurers shall cause all
beams and weights and measures belonging to their
towns to be proved and sealed by the state stand-
ards once in 5 years. For each neglect of said duties
by any treasurer, he shall be punished by a fine
of $100. [1842]

Sec. 179. City scales; appointment of weighers and deputy sealers.

Any city may purchase and keep for use scales for weighing hay and other articles, appoint weighers, and fix their fees, to be paid by the purchaser. The municipal officers of cities and towns may appoint a deputy sealer of weights and measures to hold office during their pleasure, and fix his compensation. Such deputy shall act under the direction of the sealer of weights and measures in the municipality, and shall have the same authority as the sealer in the performance of his duties. [1913] Sec. 180. Local sealer: Records; annual report.

The several city and town sealers and other persons authorized to inspect weights and measures shall keep records of all weights and measures, balances, and measuring devices inspected, sealed, or condemned by them, giving the name of the owner or agent, the place of business, the date of inspection, and kind of apparatus so inspected, sealed, or condemned. Each sealer shall make an annual report, duly sworn to, on or before the 1st day of June of each year, to the state sealer, giving in addition to the above an inventory of the standards and apparatus in his possession, and such other information as he may deem important, or as the state sealer may require. [1913]

Sec. 181. Same: Duty to receive and receipt for standards; neglect of duty; penalty.

The sealer shall receive the standards and seal from the treasurer, giving a receipt therefor, describing them and their condition, and therein engaging to redeliver them at the expiration of his office in like good order; and he shall be accountable for their due preservation while in his possession. For each neglect of any duty prescribed in sections 176 to 202, inclusive, such sealer shall be punished by a fine of $10. [1821]

Sec. 182. Same: To give notice of time and place of test; sealing; condemnation.

The sealers of weights and measures in the several cities and towns shall annually give public notice by advertisement, or by posting in 1 or more public places in their respective cities and towns notices to

all inhabitants or persons having usual places of business therein and who use weights or measures, or who use weighing devices, measuring devices, or weighing or measuring devices having a device for indicating or registering the price as well as the weight or measure of a commodity for the purpose of buying or selling goods, wares, merchandise, or other commodities or for public weighing, or for hire, or reward, to bring them in to be tested. Such sealers shall attend 1 or more convenient places, and shall seal or condemn such devices in accordance with the result of their test, and shall make a record thereof. [1899; last amended 1937.]

Sec. 183. Same: Duty after notice and noncompliance; sealing of vehicle tanks.

After giving said notice, said sealers shall go once a year or oftener, on request of the owner or on complaint, to the stores, houses, places of business, and vehicles of persons not complying therewith, and shall test and seal or condemn in accordance with the result of their tests, the weighing or measuring devices, or the devices which register or indicate the price as well as the weight or measure of such persons, provided that when a vehicle tank used in the buying or selling of commodities by liquid measures has once been sealed, it shall not be necessary to seal it again while it remains in the same condition as when first sealed. When a vehicle tank is subdivided into 2 or more compartments, each compartment, for the purposes of this section, shall be considered as a separate tank. [1899; last amended 1937.]

Sec. 184. Same: All scales, weights, and measures may be tested any time.

All persons using any scales, weights, or measures for the purpose of buying or selling any commodity, may, when they desire it, have the same tested and sealed by the sealers of weights and measures at the office of any of said sealers. [1899]

Sec. 185. Same: When mark may be used in place of seal; minor adjustments; notice of condemnation; penalty for removal of notice.

In case a sealer of weights and measures cannot seal any weights, measures, and balances in the manner before provided, he may mark them with a stencil, or by other suitable means so as to show that they have been inspected; but he shall in no case seal or mark as correct any weights, measures, or balances which do not conform to the standards. If such weights, measures, or balances can be readily adjusted by such means as he has at hand, he may adjust and seal them; but if they cannot be readily adjusted, he shall affix to such weights, measures. or balances a notice, forbidding their use until he is satisfied that they have been so adjusted as to conform to the standards. Whoever removes said notice, without consent of the officer affixing the same, shall for each offense be punished by a fine of not less than $10, nor more than $50. [1899]

Sec. 186. Same: To be furnished with working standards.

A sealer when visiting the place of business of any person for the purpose of testing any weights, measures, or balances, may use for that purpose such weights, measures, or balances as he can conveniently carry with him, and each city and town shall furnish its sealer with one or more duplicate sets of weights, measures, and balances, which shall at all times be kept to conform to the standards furnished by the state, and all weights, measures, and balances so sealed shall be deemed to be legally sealed the same as if tested and sealed with the standard weights, measures, and balances. [1899] Sec. 187. Same: Seizure of false weights and measures.

A sealer of weights and measures may seize without a warrant such weights, measures, or balances as may be necessary to be used as evidence in cases of violation of the law relating to the sealing of weights and measures, such weights, measures, or balances to be returned to the owners, or forfeited as the court may direct. [1899]

Sec. 188. Same: Procedure for testing upon complaint; penalty.

When a complaint is made to a sealer of weights and measures by any person that he has reasonable cause to believe or when such sealer himself has reasonable cause to believe that a weight, measure, or balance used in the sale of any commodity within his city or town is incorrect, the said sealer shall go to the place where such weight, measure, or balance is and shall test the same, and mark it according to the result of the test applied thereto; and if the same is incorrect and cannot be adjusted, the said sealer shall attach a notice thereto, certifying that fact, and forbidding the use thereof until it has been made to conform to the authorized standard. Any person using a weight, measure, or balance after a sealer has demanded permission to test the same, and has been refused such permission, shall be punished by a fine of not less than $10, nor more than $100. [1899]

Sec. 189. Stamping of incorrect equipment.

All weights, measures, and balances that cannot be made to conform to the standard shall be stamped "condemned" or "CD" by the sealer, and no person shall thereafter use the same under the penalties provided in the case of the use of false weights and measures. [1899]

Sec. 190. Equipment to be sealed before use; penalties.

No person, firm or corporation shall use any weights, measures, scales, steelyards, beams, or other weighing or measuring device or balances, or any weighing or measuring devices having a device for indicating or registering the price, as well as the weight or measure of a commodity, except meters for measuring water, gas, or electricity supplied by companies subject to regulation by the public util

ities commission, until they are sealed by a public sealer of weights and measures. Whoever violates any of the provisions of this section shall be punished by the penalties provided for in section 192. [1903; last amended 1937.]

Sec. 191. Sales by gross ton.

Such articles as are sold or exchanged in any market or town in the state by gross or avoirdupois weight, shall be sold or exchanged as follows: 25 avoirdupois pounds constitute 1 quarter; 4 quarters, 1 hundred; and 20 hundreds, 1 ton; and all other articles, usually sold by tale, shall be sold by decimal hundred. [1828]

Sec. 192. Penalty for using false, altered, or condemned scales, weights, measures, etc.; powers and duties of sealers; right of entry.

Whoever by himself, or by his servant, or as the agent or servant of another, shall use or retain in his possession any false scales, weight, or measure, or weighing or measuring device in the buying or selling of any commodity or thing, or whoever, after a weight, measure, scale, balance, or beam has been adjusted and sealed, shall alter it so that it does not conform to the public standard and shall fraudulently make use of it, or whoever shall dispose of any condemned scales, weight, measure, or weighing or measuring device, contrary to law, or remove any tag, stamp, or mark placed thereon by the sealer; or whoever by himself, or by his agent or servant, or as agent or servant of another, shall sell, offer, or expose for sale less than the quantity he represents, or whoever by himself, or by his agent or servant, or as the agent or servant of another, shall sell, offer for sale, or have in his possession for the purpose of selling, any false scales, weight, or measure, or any device or instrument to be used or calculated to falsify any weight or measure, shall be guilty of a misdemeanor and shall for the 1st offense be punished by a fine of not more than $50; for the 2nd offense by a fine of not less than $20, nor more than $200; and for any subsequent offense by a fine of $50 and by imprisonment for not less than 30 days, nor more than 90 days. The possession or use by any person of any false weight, measure, or other apparatus for determining the quantity of any commodity or article of merchandise is presumptive evidence of knowledge by such person of the falsity of such weight, measure, or other apparatus.

Any person, refusing to exhibit any sales slip, record of sale, or weight slip in his possession, or to allow proper tests for correct weight, measure, or count, or refusing to proceed to a proper and convenient place for the making of any such test, shall be punished by a fine of not more than $10.

Every sealer of weights and measures, or his duly appointed deputy, who has reasonable cause to believe that a weight, measure, scale, balance, or