Revised Statutes 1944, Vol. I, Title 10, Ch. 88Weights and Measures-Continued. Sec. 178. Town standards; custody; certification; penalty. The treasurer of each town, at the expense thereof, 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 standards 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 othe information as he may deem important, or as th state sealer may require. [1913] Sec. 181. Same: Duty to receive and receipt for stand neglect of duty; penalty. The sealer shall receive the standards an from the treasurer, giving a receipt therefor, ing them and their condition, and therein e to redeliver them at the expiration of his like good order; and he shall be accou their due preservation while in his poss each neglect of any duty prescribed in to 202, inclusive, such sealer shall be a fine of $10. [1821] Sec. 182. Same: To give notice of time sealing; condemnation. The sealers of weights and meas cities and towns shall annually by advertisement, or by posting places in their respective cities: all inhabitants or persons having u Sec. 183. Same: Duty af tank i each shal! ame Se teit a sum se, and when by measures, scales, the buyer, he De subject to a Icon of tort to sail have orig unicipal courts ctions for all weights and Appointment. anually may grain therein, purchaser as ontract made . 28 56 Seed, Sea Island cotton Seed, upland cotton The standard weight of a barrel of flour is 196 pounds; of a barrel of potatoes in good order and fit for shipping is 165 pounds; of a barrel of sweet otatoes in like condition, 150 pounds. [1835; last nended 1915.] For convenience of reference a change has been made in the angement which necessitated slight changes in the wording. 201. Sale of fruit, nuts, and vegetables by measure; ndard containers; penalty. 1 fruits, nuts, and vegetables, if sold by measshall be sold by dry measure, United States ird, and shall be measured by level measure. ts or other receptacles holding one quart or hich are to be used in the sale of strawberries, kberries, cherries, currants, blueberries, huckleries, raspberries, or gooseberries, shall be of the pacity of one quart, one pint, or one-half pint, Snited States standard, dry measure. Whoever sells or offers for sale or has in possession with intent to sell, any of the aforesaid fruits in any basket or other receptacle holding one quart or less which does not conform to said standard, or conforming to said standard is not level measure, shall be punished by a fine of ten dollars for each offense. Said baskets or other receptacles shall not be required to be tested and sealed as provided under the provisions of sections 176 to 202, inclusive, but any sealer or health officer may test the capacity of any basket or other receptacle in which any of the aforesaid fruit is sold or intended to be sold; and, if the same is found to contain less than the standard measure, or if the quantity of such fruit is otherwise 56 less than as herein provided, he shall seize the same and make complaint against the vendor. [1913] Sec. 202. Sale of ice by weight; weighing on request; penalty. 60 54 48 40 44 60 56 .des 70 60 12 40 60 60 50 60 od order and fit for shipping or for measure of each of these articles shall ned as aforesaid at the request of the vendee; and if either party refuses to do -243-51-27 A dealer in ice who on request of the purchaser of ice refuses or neglects to weigh the same when delivered or gives false weight shall for each offense be punished as provided in section 192. Whoever, Revised Statutes 1944, Vol. I, Title 10, Ch. 88Weights and Measures-Continued. beam has been altered since it was last adjusted and sealed shall enter the premises in which it is kept or used and shall examine the same. A sealer, or his duly appointed deputy, may examine commodities sold or offered for sale and test them for correct weight, measure, or count, and bring complaint for violations of the provisions of sections 176 to 197, inclusive. 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 to any sales slip, record of sale, or weight slip, or may stop any vendor, peddler, junk dealer, coal wagon, ice wagon, or any person for the purpose of making the proper tests. [1903] Sec. 193. Fees of sealers. The fees of sealers of weights and measures, for testing and adjusting scales, weights and measures by the town standard, to be paid by the persons for whom the service is rendered, are as follows: for testing railroad track scales of 40,000 pounds capacity and upwards, $4; elevator scales of 20,000 pounds capacity and upwards, $1.50; platform scales of 5,000 pounds capacity and upwards, $1; dormant scales of less than 5,000 pounds capacity, 50c; dormant beef track scales, 50c; platform scales of less than 5,000 pounds capacity, 50c; beam scales of over 1,000 pounds capacity, 50c; wagon or auto truck scales, $2; computing scales, 50c; platform scales of less than 1,000 pounds capacity, 50c; platform counter scales, 50c; counter balance or trip scales, 50c; spring balance scales, 50c; automaticindicating scales, 50c; weights, each 3c; measures, wet and dry, each 3c; yardsticks, each, 5c; coal baskets, each, 10c; milk cans, large size, 5c each; milk cans, small size, 3c each; milk bottles, in lots of 1 gross or less, lc each, in lots from 1 to 2 gross, 34c each, in lots of more than 2 gross and not over 4 gross, 1/2c each, in lots greater than 4 gross, 14C each; for testing gasoline pumps of not over 5 gallon capacity, 75c; for testing gasoline pumps of not over 10 gallon capacity, $1; for testing gasoline meters, 75c; for fabric measuring devices, 25c; for testing fuel oil meters, $1; for testing wholesale fuel oil or gasoline meters, $2; for testing vehicle tanks, $1 for 1st 100 gallons or less, and 50c for each additional 100 gallons or fractional part thereof, provided, however, that no testing of such vehicle tanks shall be made by less than a 100-gallon test measure; for testing taxicab meters, $1; for adjusting weights when either light or heavy, not to exceed 10c each; for adjusting measures, wet or dry, when either large or small, not to exceed 10c each; for adjusting yardsticks, not to exceed 5c each; for adjusting any weight or measure not mentioned above, a fair and Sec. 194. Refusal to pay fees; penalty. Any person, firm, or corporation for whom scales, weights, and measures or any weighing or measuring devices have been tested by a local sealer of weights and measures, who shall neglect or refuse to pay for said services rendered, shall be punished by a fine of $3 and costs for the 1st offense, and by a fine of not less than $10 and costs, nor more than $20 and costs, for each subsequent offense. [1935] Sec. 195. Salary of local sealers. The city government of a city may by ordinance and a town may by by-law provide that the sealer of weights and measures for their city or town shall be paid by a salary, and that he shall account for and pay into the treasury of the city or town the fees received by him by virtue of his office; and where such salary is paid no fees shall be charged for services rendered under the provisions of section 182. [1899] Sec. 196. Weighers and measurers not to give certificate of weight or measure until qualified; penalty. It shall be unlawful for any weigher of coal, hay, straw, junk, or other articles offered to be weighed, or for any measurer of wood, bark, or charcoal to give a certificate of weight or measure until said weigher or measurer shall have qualified by taking oath for the faithful performance of the duties of his office. Whoever violates any of the provisions of this section shall be punished by a fine of not less than $10, nor more than $25, for each offense. [1919] Sec. 197. Penalty for using unsealed equipment. Whoever sells by any other weights, measures, scales, beams, or balances than those which have been sealed as before provided shall forfeit a sum not exceeding $20 for each offense, and when by the custom of trade such weights, measures, scales, beams, or balances are provided by the buyer, he shall, if he purchases by any other, be subject to a like penalty to be recovered by an action of tort to the use of the complainant. [1899] Sec. 198. Jurisdiction of courts. Trial justices within their county shall have original jurisdiction, concurrent with municipal courts and the superior court, of prosecutions for all offenses against the laws pertaining to weights and measures. [1913; last amended 1933.] Sec. 199. Measurers of salt, corn, and grain: Appointment; fees; hogshead of salt. The municipal officers of towns annually may appoint measurers of salt, corn, and grain therein, who shall receive such fees from the purchaser as said officers establish; and, in every contract made Beets, sugar 60 12 Pounds per Bushel 20 44 45 45 48 50 35 14 14 44 50 30 Beet greens The standard weight of a barrel of flour is 196 pounds; of a barrel of potatoes in good order and fit for shipping is 165 pounds; of a barrel of sweet potatoes in like condition, 150 pounds. [1835; last amended 1915.] 1 For convenience of reference a change has been made in the arrangement which necessitated slight changes in the wording. Sec. 201. Sale of fruit, nuts, and vegetables by measure; standard containers; penalty. All fruits, nuts, and vegetables, if sold by measure, shall be sold by dry measure, United States standard, and shall be measured by level measure. Baskets or other receptacles holding one quart or less which are to be used in the sale of strawberries, blackberries, cherries, currants, blueberries, huckleberries, raspberries, or gooseberries, shall be of the capacity of one quart, one pint, or one-half pint, United States standard, dry measure. Whoever sells or offers for sale or has in possession with intent to sell, any of the aforesaid fruits in any basket or other receptacle holding one quart or less which does not conform to said standard, or conforming to said standard is not level measure, shall be punished by a fine of ten dollars for each offense. Said baskets or other receptacles shall not be required to be tested and sealed as provided under the provisions of sections 176 to 202, inclusive, but any sealer or health officer may test the capacity of any basket or other receptacle in which any of the aforesaid fruit is sold or intended to be sold; and, if the 12 same is found to contain less than the standard measure, or if the quantity of such fruit is otherwise 56 less than as herein provided, he shall seize the same and make complaint against the vendor. [1913] Sec. 202. Sale of ice by weight; weighing on request; penalty. all to be in good order and fit for shipping or for market; the measure of each of these articles shall be determined as aforesaid at the request of the vendor or vendee; and if either party refuses to do 888243-51-27 A dealer in ice who on request of the purchaser of ice refuses or neglects to weigh the same when delivered or gives false weight shall for each offense be punished as provided in section 192. Whoever, Revised Statutes 1944, Vol. I, Title 10, Ch. 88Weights and Measures-Continued. having charge of the delivery of ice from a wagon, not being a dealer in ice, refuses on the request of the purchaser of ice to weigh the same when it is delivered, or gives false weight, shall be punished by a fine of not more than $10. [1913] Revised Statutes 1944, Vol. I, Title 10, Ch. 88Weighing and/or Measuring of Leather, Wood, Charcoal, Coal, Coke, Lumber, and Logs in Cities and Towns. Sec. 134. Sole leather: Appointment of inspectors; duties. The municipal officers of each town, when they deem it expedient, may appoint one or more suitable inspectors of sole leather, who shall receive such fees from their employer, as said officers establish; and when paid by the seller, to be repaid to him by the buyer; when requested they shall go to any place in their town to inspect any sides of sole leather which have not been inspected in this state according to law. [1829] Sec. 135. Same: Weighing and marking. Each inspector of sole leather shall provide himself with a proper apparatus, with which he shall weigh and stamp every side of sole leather inspected by him, with the weight thereof, his surname, and the name of his town; [1829] Sec. 136. Wood and bark 1: Dimensions of cord; penalty. All cordwood offered for sale shall be 4 feet long including one-half the scarf, and well and closely laid together. A cord of wood or bark shall measure 8 feet in length, 4 feet in width, and 4 feet in height, or otherwise contain 128 cubic feet; the measurer shall make due allowance for refuse or defective wood and bad stowage. Any person or persons exposing for sale as a cord of wood anything less shall be punished by a fine of not less than $10, nor more than $50, for each offense. Cities and towns by ordinance may assign location for teams to sell said cordwood and bark. [1821] 1 See Secs. 142, 162, 163, 196 (Ch. 88), pages 414, 416, and 412, respectively. Sec. 137. Same: Fees of measurers of wood and bark. Measurers of firewood and bark shall receive such fees for their services as the municipal officers of the town designate, to be paid by the driver, and repaid by the buyer when brought by land, and by the wharfinger when brought by water. [1821] Sec. 138. Same: Penalty for selling before survey. If any firewood or bark brought into any town by land is sold and delivered, unless otherwise agreed to by the purchaser, before it is measured by a sworn measurer, and a ticket signed by him and given to the driver, stating the quantity that the load contains, the name of the driver, and the town in which he resides, such wood or bark is forfeited and may be libeled and disposed of according to law. [1821] Sec. 139. Same: To be corded and measured when brought by water; penalty. All cordwood brought by water into any town for sale shall be corded on the wharf or land on which it is landed, in ranges, making up in height what is wanting in length; then it shall be so measured and a ticket given to the purchaser, who shall pay the stated fees; and no such wood shall be carried away by any wharfinger or carter before it has been so measured, under a penalty of $1 for every load. [1821] Sec. 140. Same: Certificate of quantity; forfeiture. Persons carrying fire-wood from a wharf or landing for sale shall be furnished by the owner or seller with a ticket stating the quantity and the name of the driver; and if such fire-wood is carried away without such ticket, or any driver refuses to exhibit such ticket to any sworn measurer on demand, or does not consent to have the same measured, when in the opinion of the measurer the ticket certifies a greater quantity of wood than the load contains, such wood shall be forfeited, and may be seized and libeled by said measurer according to law. [1821] Sec. 141. Same: Penalty for fraudulent stowage. When any wood, bark, or charcoal, sold by the cord, foot, or load, is so stowed as to prevent the surveyors from examining the middle of the load, and it appears on delivery that it was stowed with the fraudulent intent of obtaining payment for a greater quantity than there was in fact, the seller or owner thereof forfeits $10 to the county. [1825] Sec. 142. Same: Sale of wood by the load; penalty. Fitted wood, not exceeding 16 inches in length, sold by the load in the loose shall contain: if sold as a load, not less than 144 cubic feet; if sold as a 3/4 load, not less than 108 cubic feet; if sold as 1/2 load, not less than 72 cubic feet; if sold as 1/4 load, not less than 36 cubic feet. Whoever violates the provisions of this section shall be punished by a fine of not more than $20, or by imprisonment for not more than 30 days. [1939] Sec. 143. Charcoal 1: Method of sale; cord. Charcoal brought into a town for sale may be measured and sold by the cord or foot, estimating the cord at 96 bushels, when the purchaser and seller agree to the same; and the measurers of wood shall be measurers of charcoal also. [1821] 1 See Secs. 142, 162, 163, 196 (Ch. 88), pages 414, 416, and 412, respectively. Sec. 144. Same: Standard basket; sealing; penalty. All baskets for measuring charcoal brought into a town for sale shall be sealed by the sealer of the town where the person using them usually resides, and shall contain 2 bushels and be of the following |