Statutes Annotated, Title 51, Ch. 1, Art. 5-Weights and Measures, Second-Hand Weighing or Measuring Devices-Continued.

Sec. 51:1-123. Report of repair work done by licensee.

Any person licensed to repair weighing or measuring devices shall report to the department or to the weights and measures officer of his county or municipality, work for which compensation was received or is receivable. The report shall contain the name and address of the person for whom the work was done, identification of the weighing or measuring device, nature of the work performed and the date the work was completed. [1938]

Sec. 51:1-124. Report of repair, sale, delivery or alteration of devices; contents.

Every person engaged as in this act [Secs. 51:1– 113 51:1-133] provided shall within ten (10) days, after the making of a repair, or the sale and delivery of a repaired, rebuilt, exchanged, or used weighing or measuring device, in writing, notify the department or the county or municipal superintendent of weights and measures in whose jurisdiction the said device is located, giving the name and address of the person for whom such repair has been made or to whom a repaired, rebuilt, exchanged, or used weighing or measuring device has been sold or delivered, and a statement shall be made by the licensee that the same has been so altered, rebuilt, or repaired as to conform to the standard specifications and regulations of the department. [1938]

Sec. 51:1-125. Report of disposition of condemned devices;

contents.

Any person who accepts any weighing or measuring device which has been condemned by any weights and measures officer, in trade for a new or used weighing or measuring device, and which is intended to be repaired, rebuilt, dismantled or destroyed, shall upon receipt thereof remove the condemned tags and such condemned tags shall be returned to the department or to a weights and measures officer within ten (10) days thereafter, with a statement describing the weighing or measuring device, giving the number of the device if obtainable, and the name and address of the person from whom it was received together with a statement of what disposition has been made of the weighing or measuring device. [1938] Sec. 51:1-126. Annual inspection of testing equipment.

Every person engaged in any business covered by the provisions of this act [Secs. 51:1-113—51:1133] shall submit their testing equipment at least once a year to a weights and measures officer for comparison and calibration with the standards. maintained by such officer. After comparison and calibration with such standards, the weights and measures officer shall issue to such person a statement or a certificate of his findings. [1938]

Sec. 51:1-127. Licensee to keep record or register; contents.

Every person licensed and registered pursuant to the provisions of this act [Secs. 51:1-113-51:1133] shall maintain a record or register in which the following information shall be kept:

(a) The name and address of every person for whom weighing or measuring devices are repaired. (b) The name and address of every person to whom a repaired, rebuilt, exchanged, or used weighing or measuring apparatus or device has been sold or delivered.

Sec. 51:1-128. License and registration fees.

Every person who maintains or carries on the business of selling, trading-in, receiving, or engag ing in the repairing of condemned, rebuilt, or used weighing and measuring devices, shall for the license and registration prescribed by this act [Secs. 51:1-113-51:1-133], pay license fee of twenty-five dollars ($25.00) per annum. Every person engaging only in the repairing of weighing and measuring devices shall for the license and registration prescribed in this act pay a fee of five dollars ($5.00) per annum, which fees shall be paid to the State Superintendent of Weights and Measures, and by this officer shall be turned over to the State Treas[1938]

urer.

Sec. 51:1-129. Administration of act; rules and regulations.

The State Superintendent of Weights and Meas ures shall have general supervision of the administration of this act [Secs. 51:1-113-51:1-133] and shall make such rules and regulations as he may deem necessary for its enforcement. [1938]

Sec. 51:1-130. Enforcement.

The State Superintendent of Weights and Meas ures, his duly authorized assistants and inspectors, county and assistant county superintendents of weights and measures and inspectors, and municipal and assistant municipal superintendents of weights and measures and inspectors, are hereby charged with the enforcement of this act [Secs 51:1-113 51:1-133]. [1938]

Sec. 51:1-131. Penalties for violations of act.

Any person violating any of the provisions of this act [Secs. 51:1-113-51:1-133], shall, upon being found guilty of a first offense, pay a fine of not less than twenty-five dollars ($25.00), nor more than fifty dollars ($50.00), and shall, upon being found guilty of a second offense pay a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00), and shall, upon being found guilty of any subsequent offense pay a fine of not less than one hundred dollars ($100.00) nor more than two hundred dollars ($200.00); pro

vided, however, that any person unable to pay a fine imposed under the provisions of this act shall be committed to jail for a period of not less than ten (10) days nor more than ninety (90) days. [1938]

Sec. 51:1-132. Action to recover penalty; practice and procedure; disposition of fines and penalties; offenses within view of weights and measures officer; appeal from judg

ment or sentence.

An action to recover any penalty incurred under the provisions of this act [Secs. 51:1-113-51:1133] may be brought in the name of the State of New Jersey by any duly appointed weights and measures officer by complaint in writing, duly verified by such weights and measures officer, which verification may be upon information and belief, or may be verified by the complaining witness to be filed with any magistrate of any municipality in this State alleging the violation in said municipality of any of the provisions of this act or acts. supplementary thereto or amendatory thereof, who is hereby authorized to issue a summons returnable in from one to ten days from the date thereof, same to be served not less than two days prior to the return thereof, or a warrant directed to any weights and measures officer, or to any constable or police officer, commanding him to cause the person or persons so complained of to be summoned or arrested and brought before such magistrate, who shall at the return of the said summons or warrant forthwith in a summary way hear and determine the guilt or innocence of such person or persons, and upon conviction shall impose upon such person or persons so convicted the penalty or penalties prescribed for such offense, together with the costs of prosecution of the proceedings before such magistrate, and if any person or persons shall fail to pay the penalty or penalties, so imposed, together with the costs of prosecution, execution shall be issued against his or their goods and chattels, body or bodies without any order of the court for that purpose first had and obtained. If the officer executing any such writ shall be unable to find sufficient goods and chattels of said defendant or defendants in his bailiwick to make the amount of said judgment and costs, he shall take the body of the defendant or defendants and deliver him or them to the keeper of the common jail of said county for a period not to exceed ten days, except as may be otherwise in this act in this respect provided; or until said penalty and costs are sooner paid; provided, however, that the defendant or defendants may be released upon order of the magistrate before the expiration of any imprisonment, prescribed in default of payment, upon the written order of the committing magistrate or a justice of the Supreme Court, in the discretion of said judicial officer, after one day's notice of time and place of application for such order to the State Superintendent of Weights

and Measures. It shall be the duty of the city attorney of any municipality wherein such violation shall take place to assist in the prosecution of the same, unless such municipality has no such municipal superintendent of weights and measures as provided for in section 51:1-43 of the Revised Statutes, in which case the public prosecutor of the county wherein such violation shall take place shall assist in such prosecution. All fines and penalties collected from persons offending against the provisions of this act shall be paid by the magistrate receiving the same, when recovered by a State weights and measures officer, to the State Treasurer; when recovered by a county weights and measures officer, to the county collector of such county; and when recovered by a municipal weights and measures officer, to the municipality which such officer represents. For violation of any of the provisions of this act, done within the view. of any weights and measures officer, such weights. and measures officer is authorized, without warrant, to arrest the offender or offenders and to conduct him or them before any magistrate having jurisdiction in such county wherein such arrest is made and offense committed, and such magistrate is hereby authorized and required on verified complaint in writing, setting forth the nature of the offense for which said arrest was made, to be filed then and there with such magistrate, before the commencement of the hearing, to hear and determine in a summary way the guilt or innocence of such person or persons, and inflict the penalties provided by law.

Any party to any proceeding instituted under this act may appeal from the judgment or sentence of the magistrate to the court of common pleas of the county in which the said proceedings take place; [ 1938]

Sec. 51:1-133. Exceptions to application of act.

The provisions of this act [Secs. 51:1-113—51:1133] shall not be applicable to any person or to a bona fide employee solely and exclusively employed by such person, who repairs or installs any weighing or measuring device owned, operated or used by the said person in connection with his business in the sale of commodities in trade and commerce in the State of New Jersey. [1938] Statutes Annotated, Title 51, Ch. 4, Art. 3—Weights and Measures, Lumber and Lumber Products. Sec. 51:4-17. Standards established.

Grade, measure and trade name of lumber and lumber products heretofore or hereafter approved, adopted and issued by manufacturers' associations covering specie and kind shall be the authorized standards for lumber and lumber products by which all county and municipal standards of weights and measures in this state shall be tried, proved and sealed. [1935]

Statutes Annotated, Title 51, Ch. 4, Art. 3-Weights and Measures, Lumber and Lumber Products Continued.

Sec. 51:4-18. Duplicate delivery tickets required.

No person, firm or corporation shall deliver or cause to be delivered any lumber or lumber product without each delivery being accompanied by a delivery ticket and duplicate thereof. On both tickets there shall be distinctly and indelibly expressed in ink or otherwise, the specie, grade, quantity and trade name of the lumber or lumber product contained in the truck or other vehicle used in such delivery, the name of the purchaser thereof, the destination at which delivery is to be made, and the name of the dealer from whom purchased. One of such tickets shall be delivered to the person, firm or corporation receiving such lumber or lumber products or to his representative and the other ticket shall be retained by the seller of the lumber or lumber products. [1935] Sec. 51:4-19. Inspectors; appointment and removal; oath; certificate.

The trade association of the retail lumber and lumber products dealers, known as the New Jersey Lumbermen's Association, a New Jersey corporation, shall by its secretary and under its seal certify to the state superintendent, the names, addresses and qualification of inspectors appointed by it for the purpose of inspection of lumber and lumber products under the terms of this act [Secs. 51:417-51:4-22]. The state superintendent shall thereupon appoint all such persons, lumber inspectors in and for his department. Each lumber inspector shall, before entering upon his duties, make oath faithfully to execute his trust as a lumber inspector. The state superintendent shall issue a certificate of such appointment or designation and shall keep a record of the same. When the New Jersey Lumbermen's Association shall by its secretary and under its seal certify to the state superintendent that any lumber inspector is no longer employed by it, the state superintendent shall notify such lumber inspector of such fact and shall strike his name from his list of lumber inspectors and require the return of the credentials issued to such lumber inspector. [1935]

Sec. 51:4-20. Compensation of inspectors.

The state superintendent shall not be called upon to pay and shall not be responsible for any salary, fees, wages or expenses of lumber inspectors, but the same shall be paid by the New Jersey Lumbermen's Association. [1935]

Sec. 51:4-21. Powers of inspectors.

Lumber inspectors shall have full power and authority to inspect and measure any lumber or lumber products while in transit from the dealer to the purchaser, after the same have been deliv

ered to the purchaser, or after they have been incorporated in the building or structure in which they have become a part. They shall also have full power and authority to inspect the delivery slips. issued with any shipment and all records of the person, firm or corporation selling or delivering such lumber or lumber products, in connection with the lumber or lumber products so delivered. [1935]

Sec. 51:4-22. Deviations from standards; penalties; enforce

ment.

Any deviation from the authorized standards herein or hereafter adopted, where said deviation indicates an intention to defraud shall for the first offense be liable to a penalty of not less than twenty-five dollars or more than fifty dollars and for a second offense be liable for a penalty of not less than fifty dollars or more than one hundred dollars and for each subsequent offense shall be liable to a penalty of not less than one hundred dollars or more than two hundred dollars or imprisonment for not less than thirty days or more than ninety days or both, the amount of said penalty to be determined as aforesaid in the discretion of the district court or police magistrate having jurisdiction and if any person shall fail to pay the penalty imposed, together with the cost of prosecution, the said court or police magistrate shall issue execution against the goods and chattels and body or bodies of the defendant or defendants as provided in section 51:1-105 of this title [Secs. 51:1-1-51:9-21] with the same force and effect; but the period of detention of ten days provided in said section 51:1-105 shall in this case be extended to a period of not exceeding ninety days. An action to recover any penalty under this article [Secs. 51:4-17-51:4-22] may be brought in the name of the state of New Jersey by a lumber inspector appointed as herein above set forth, with the same procedure as if brought by any duly ap pointed superintendent. [1935]

Statutes Annotated, Title 51, Ch. 7-Weights and Measures, Anthracite.

Sec. 51:7-1. Definitions.

For the purpose of this chapter [Secs. 51:7–151:7-9] the following words shall be deemed to have the meaning herein given:

a. "Department" shall mean the state depart ment of weights and measures.

b. "Person" shall be construed to include any individual, partnership, unincorporated associa tion, corporation or other form of business enterprise.

c. "Weights and measures officers" shall be construed to include the state superintendent of weights and measures or his assistants or inspectors. county or assistant county superintendents of weights and measures or inspectors, and municipal

or assistant municipal superintendents of weights and measures or inspectors. [1937]

Sec. 51:7-2. Transportation into state over highways by motor vehicle; certificate of origin required.

It shall be unlawful for any person to transport over the highways of this State any anthracite brought into this State by motor vehicle from outside of this State unless such anthracite when it crosses any boundary line of this State and at all times thereafter during the transportation thereof over the highways of this State is accompanied by an original certificate of origin signed by the person who is the owner or operator of the breaker, colliery, yard or other place of production or storage, or his duly authorized agent, where the anthracite to which the certificate of origin refers was produced or stored and also signed by the person driving or operating the motor vehicle on which said anthracite is transported into this State. [1937; last amended 1938.]

Sec. 51:7-3. Contents of certificate of origin.

The certificate of origin shall contain the following:

a. The name or names and location of, and the name or names of the owners or operators of, the breaker, colliery, yard or other place of production or storage where the anthracite to which the certificate refers has been produced or stored.

b. The kind, size and weight of the anthracite. c. The name and address of person claiming ownership of said anthracite.

d. The name and address of the driver of the motor vehicle transporting said anthracite and the state motor vehicle registration number of said vehicle.

e. The name and address of the person or persons to whom said anthracite is to be delivered. [1937]

Sec. 51:7-4. Issuance of certificates; non-transferable; false certificate.

The certificates of origin as herein provided shall be issued only on forms to be supplied, on application therefor, by the superintendent of the department, shall be serially numbered and issued consecutively. A nominal charge to cover the cost of supplying such forms may be made by the superintendent. Said certificates of origin shall be nontransferable and any person who has in his possession or who files with a weighmaster or forwards to the superintendent a false certificate of origin shall be deemed guilty of a violation of this chapter. [1937; last amended 1938.]

Sec. 51:7-5. Duplicate certificate filed with weighmaster. Any person bringing anthracite into this State from outside of this State and said anthracite is

888243-51-42

to be sold or delivered within the boundaries of this State shall file a duplicate of the required certificate of origin with the weighmaster in charge of the scales where said person has said anthracite weighed in accordance with the requirements of the laws of this State, and such duplicates of said certificates of origin shall be retained at such scales for a period of one year, unless the superintendent directs the forwarding of the same to his office, and shall be subject and open to inspection by any weights and measures officer; after storage or sale of said anthracite in this State the original certificates of origin shall be forwarded to the superintendent at his office within ten days from the date of such sale or storage and the triplicate copy shall be kept by the person who sells or stores said anthracite. [ [1937; last amended 1938.]

Sec. 51:7-6. License to sell solid fuel revoked for violation.

The superintendent of the department shall revoke the license of any person licensed to sell solid fuel in this State who buys, sells or transports stolen anthracite within this State or who buys, sells or transports anthracite which has been acquired at a place of production, storage or source where stolen anthracite is handled or distributed, and shall issue to such person no further license to sell solid fuel in this State for a period of at least one year from the date of revocation.

The superintendent shall void all certificates of origin where the person who obtains the same buys, sells or transports stolen anthracite or deals. in or handles stolen anthracite. Any person using voided certificates knowingly shall be deemed guilty of a violation of this chapter [Secs. 51:7-1— 51:7-9]. Five days' notice by registered mail of the proposed voiding of said certificates shall be given to the person who obtained the same and upon the request of said person he shall be given an opportunity to show cause why said certificates should not be voided. [1937; last amended 1938.] Sec. 51:7-7. Enforcement of chapter.

All weights and measures officers in this State, in addition to their various duties now provided for by law, are hereby charged with the duty of enforcing and executing the provisions of this chapter [Secs. 51:7-1-51:7-91, and the superintendent of the department shall make such rules and regulations as he may deem necessary for its enforcement. [1937; last amended 1938.]

Sec. 51:7-8. Penalty for violations.

Any person who violates any of the provisions of this chapter [Secs. 51:7-1-51:7-9] shall upon being found guilty of such offense pay a fine of not less than one hundred dollars nor more than five hundred dollars or if unable to pay such fine shall be committed to a county jail for a period not to exceed ninety days. [1987]

Statutes Annotated, Title 51, Ch. 7-Weights and Measures, Anthracite-Continued.

Sec. 51:7-9. Procedure for recovery of penalties; jurisdiction. The procedure for the recovery of any penalty incurred under the provisions of this chapter [Secs. 51:7-1-51:7-9] shall be the same as the procedure specified in sections 51:1-105 to 51:1-111 of this title [Secs. 51:1-1-51:9-21]. All actions shall be instituted in the name of the State of New Jersey by any weights and measures officer who shall have the same powers in connection with the enforcement of this chapter as are vested in them in sections 51:1-105 to 51:1-111 of this Title. Jurisdiction of all cases arising out of violations of the provisions of this chapter is hereby conferred upon all justices of the peace, judges of the city criminal courts, police judges and recorders located in the county in which such violations are committed. [1937; last amended 1938.]

Statutes Annotated, Title 51, Ch. 8-Weights and Measures, Solid Fuel.

Sec. 51:8-1. Definitions.

For the purpose of this chapter [Secs. 51:8-151:8-19] the following words shall be deemed to have the meaning herein given them:

a. "Department" shall mean the state department of weights and measures.

b. "Solid fuel" shall mean any anthracite, semianthracite, bituminous, semibituminous, or lignite coal, briquettes, boulettes, coke, gas house coke, petroleum coke, petroleum carbon or any other manufactured or patented fuel not sold by liquid or metered measure.

c. "Ton" shall mean the net ton of two thousand pounds avoirdupois.

d. "Vehicle" shall mean any truck, wagon, cart or other conveying device using the streets, alleys or other thoroughfares in this state, but not including railroad cars.

e. "Equipped dealer" shall mean any person who is regularly engaged in the sale, or sale and delivery of solid fuel; maintains unloading, storage and service facilities commensurate with the nature of the business; is equipped with and using wagon or truck scales, or other approved weighing or measuring devices, of sufficient size and capacity and maintained in condition accurately to weigh the maximum load for which they are utilized; maintains an office accessible to the public with a competent person on duty, and regularly carries a stock of solid fuel.

f. "Unequipped dealer" shall mean all other persons engaged in the sale, delivery, or sale and delivery of solid fuel.

g. "Person" shall be construed to include any individual, partnership, unincorporated associa

tion, corporation or other form of business enterprise.

h. "Weights and measures officers" shall be construed to include the state superintendent of weights and measures or his assistants or inspectors. county or assistant county superintendents of weights and measures or inspectors, and municipal or assistant municipal superintendents of weights and measures or inspectors.

i. "Magistrate" shall be deemed and understood to mean and include all justices of the peace, judge of the city criminal courts, police judges, recorders mayors, and other officers having powers of a com mitting magistrate; but no justice of the peace shal sit as magistrate under this chapter within the con porate limits of any municipality within this stat having a police judge, police justice, recorder' court or city criminal court. [1937]

Sec. 51:8-2. Sale, etc. not in accordance with chapter un lawful.

It shall be unlawful for any person to sell, de liver, or sell and deliver, or weigh or issue weigh certificates for, solid fuel in this state except i accordance with the provisions of this chapter [Sec 51:8-1-51:8-19]. [1937]

Sec. 51:8-3. Enforcement; jurisdiction over inspectors.

All weights and measures officers in this stat in addition to their various duties now provide for by law, are hereby charged with the duty enforcing and executing the provisions of th chapter [Secs. 51:8-1-51:8-19]. Inspectors sha report to and work under the jurisdiction of th county or municipal superintendents; but if ar county or municipal superintendent is not ava able or deems it inadvisable to sign a complain inspectors shall have the power to sign such co plaints. [1937]

Sec. 51:8-4. General supervision by superintendent; rules a regulations.

The superintendent of the department sha have general supervision of the administration this chapter [Secs. 51:8-1-51:8-19] and sha make such rules and regulations as he may dee necessary for its enforcement. [1937]

Sec. 51:8-5. License to sell or deliver; plates; certificates license; revocation of license; penalty.

It shall be unlawful for any person to engage the business of selling, delivering or selling a delivering solid fuel in this State unless he sha have obtained from the department a license engage in said business and a license plate for ea vehicle owned and used by him for the delive of solid fuel; provided, however, where any pers engages in the business of selling, delivering, selling and delivering solid fuel in this State more than one place of business or establishme