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Purdon's Statutes Annotated, Title 52, Ch. 4Mine working in the mine, that a car or cars are not Scales, Bituminous Coal.

properly branded or not uniform in capacity acSec. 1383. Screening bituminous coal before weighing pro

cording to law are used in a mine, then inside of hibited.

three days from the date of receiving said notice, It shall be unlawful for any mine owner, lessee

it shall enforce the provisions of this section. or operator of any bituminous coal mine in this

[1937] commonwealth, employing miners at bushel or ton Sec. 1387. Checkweighman: Duties; compensation; offenses by rates, or other quantity, to pass the output of coal operator; penalties. mined by said miners over any screen or other At every bituminous coal mine in this commondevice which shall take any part from the weight, wealth where coal is mined by weight or measure, value or quantity thereof, before the same shall the miners whose wages are paid on the basis of have been weighed and duly credited to the em- tonnage mined, whether weighed or measured, or ploye sending the same to the surface and accounted a majority of such miners present at a meeting for at the legal rate of weight fixed by the laws called by them for that purpose, shall have the of this commonwealth. (1897]

right to employ a competent person as check

weighman or checkmeasurer, as the case may reSec. 1384. Penalty for violating preceding section.

quire, who shall be permitted at all times to be Any owner, lessee or operator of any bituminous present at the weighing or measurement of coal, coal mine, violating the provisions of this act also have power to weigh or measure the same, and (Secs. 1383–1384), shall be deemed guilty of a during the regular working hours to have the misdemeanor, and shall, upon conviction for each privilege to balance and examine the scales or and every such offense, be punished by a fine of measure the cars. All such balancing and examinanot less than one hundred ($100) dollars nor more tion of scales shall be done in such a way and at than five hundred ($500) dollars, or by imprison- such time as in no way to interfere with the regular ment in the county jail for a period not to exceed workings of the mine. Such checkweighman shall ninety days, or by both such fine and imprison- be paid such compensation as may be fixed by the ment, at the discretion of the court; proceedings miners attending such meeting, which shall be to be instituted in any court of competent jurisdic- paid by the operator to such checkweighman or tion. [1897]

checkmeasurer from deductions made from the

wages of all miners employed at such mine whose Sec. 1385. Coal miners paid by weight or measure; standard weight or measure therefor.

wages are paid on the basis of tonnage, whether

weighed or measured, an equal deduction being Any miner employed by an individual, firm or made from the compensation of such wages per corporation for the purpose of mining bituminous

ton or per measure, as directed by the checkweighcoal, shall be entitled to receive from his employer,

man or checkmeasurer. Any person, association, and failing to receive, then to collect by due process copartnership or corporation who, as operator, of law, at such rates as may have been agreed upon shall refuse to permit any checkweighman or between the employer and the employe, full and

check measurer, so selected, to weigh and measure exact wages accruing to him for the mining of all

coal as provided by this act (Secs. 1385-1390c], coal so mined by him. In the adjudication of such

or shall fail or refuse to pay the wages of such wages eighty pounds shall be deemed one bushel,

checkweighman or checkmeasurer, so selected, to and two thousand pounds net shall be deemed one

weigh and measure coal as provided by this act, ton of coal. [1937]

or shall fail or refuse to pay the wages of such Sec. 1386. Coal cars to be uniform and branded; enforcement.

checkweighman or checkmeasurer as required by At every bituminous coal mine, where coal is

this act, or shall interfere with, restrain or coerce.

employes in the exercise of the right to elect such mined by measurement, all cars filled by miners and their laborers shall be uniform in capacity at

checkweighman or checkmeasurer, shall be guilty each mine. No unbranded car shall enter the mine

of a misdemeanor, and, upon conviction thereof,

shall be sentenced to pay a fine of five hundred for a longer period than one month without being

dollars ($500) per day for each day of such refusal branded by the sealer of weights and measures

or violation. [1937] of the county wherein the mine is located or by the Department of Internal Affairs. Any owner or Sec. 1388. Same: Privileges; interfering with; penalties. his agent violating the provisions of this section The check weighman or checkmeasurer shall not shall be subject to a fine of not less than one dol- be considered a trespasser during working hours lar ($1.00) per car for each and every day such car, while attending to the interests of his employers, not in conformity with the act, is used. The sealer or while posting daily and semi-monthly sheets of weights and measures or the Department of In- as hereinafter provided. In no manner shall he ternal Affairs, as the case may be, on receiving be interfered with or intimidated by any person, notice from the check measurer or any five miners agent, owner or miner. Any person violating Purdon's Statutes Annotated, Title 52, Ch. 4-Mine or take more or less pounds for a bushel or ton Scales, Bituminous Coal-Continued.

than as provided for in the first section of this act these provisions shall be deemed guilty of a mis

[Sec. 1385), or wilfully neglect the balancing or demeanor, and, upon conviction thereof, shall be

examining of the scales or cars, or knowingly and

wilfully weigh coal with an incorrect scale, he shall punished by a fine of not less than twenty dollars ($20.00) and not exceeding one hundred dollars

be guilty of a misdemeanor, and, upon conviction ($100.00), or imprisonment at the discretion of the

thereof, shall be imprisoned in the county jail for court for failure to pay such fine and costs. [1937]

three months. [1937]

Sec. 1390b. Contract proviso. Sec. 1389. Same: Duties; refusal of operator to credit unclaimed coal; penalty.

Nothing contained in this act shall be conIt shall be a further duty of checkweighmen or

strued to prohibit or prevent the operator and the checkmeasurers to credit each miner with all coal

miners collectively at any time from contracting mined by him on a daily sheet, to be kept by him

for any method of measuring or weighing coal. for that purpose, and on a semi-monthly sheet, he

(1937] shall credit each miner with all coal mined for Sec. 1390c. Procedure upon complaint. each period for which payment of wages is made,

Any person aggrieved by the exercise of any which daily and semi-monthly credit sheets shall

power, duty or authority under the provisions of be kept posted at or near the pit mouth of the

this act (Secs. 1385–1390c), or who believes such mine by the checkweighman or checkmeasurer. Whenever the check weighman or checkmeasurer is

power, duty or authority was exercised contrary to

the terms or conditions of this act, may complain unable to credit any coal mined to the proper

by petition to the court of common pleas of the miner because the car on which the same is loaded

county in which the mine is located, setting forth is not properly marked or cannot be identified, it

the facts. Thereupon the court shall fix a day for shall be his duty to keep account of such coal, and

hearing, of which due notice shall be given to all credit the same to the miner entitled thereto when

parties interested in such manner, as the court claim therefor is lodged with him by such miner.

shall direct. After hearing, the court shall make If claim for any such unidentified coal is not made

such order dismissing the petition or directing the within thirty days after the same was mined, the

manner in which such power, duty or authority checkweighman or checkmeasurer shall credit the shall be exercised under this act, as to it appears same to his account for the payment of his wages. Payment for such coal shall be made by the opera

just and proper. No such proceeding shall act as

a supersedeas or be construed to estop the exercise tor as directed by the checkweighman or check

of any such power, duty or authority until the measurer, and where such wages are paid to the order of the court is entered. (1937) checkweighman or checkmeasurer, a corresponding reduction shall be made in the deductions from Purdon's Statutes Annotated, Title 66, Ch. 7–Public wages of the miners charged by this act (Secs. 1385– Utilities. 1390c) with the payment of such wages. Any operator, or his servant, agent or employe, who shall re

Sec. 1182. Rules and regulations: Testing; meters. fuse to credit such unclaimed coal as required by The commission (Pennsylvania Public Utility this section, shall, upon conviction in a summary Commission may, after reasonable notice and proceeding, be sentenced to pay a fine of twenty-five hearing, upon its own motion or upon complaint, dollars ($25.00), and, in default of the payment of

prescribe reasonable regulations for the such fine and costs, shall be sentenced to imprison- examination and testing of such service, and for ment for thirty days. (1937]

the measurement thereof (electricity, gas, water,

etc.); prescribe or approve reasonable rules, reguSec. 1390. Regulating cars and scales when differences arise. lations, specifications, and standards to secure the

When differences arise between the checkweigh- accuracy of all meters and appliances for measureman or checkmeasurer and the agent or owners of ment; and provide for the examination and testthe mine as to the uniformity, capacity or correct- ing of any and all appliances used for the measureness of scales or cars used, the same shall be re- ment of any service of any public utility. (1937; ferred to either the scaler of weights and meas

last amended 1938.] sures of the county where the mine is located, or to the Department of Internal Affairs, whose duty

Sec. 1185. Equipment for testing; fees. it shall be to regulate the same at once. [1937]

Every public utility, furnishing service upon

meter or other similar measurement, shall provide, Sec, 1390a. Penalty for false weight.

and keep in and upon the premises of such public Should any weighman or weighman agent, check- utility, suitable and proper apparatus, to be ap: weighman or checkmeasurer, whether employed by proved from time to time and stamped or marked operators or miners, knowingly or wilfully adopt by the commission [Pennsylvania Public Utility

Commission), for testing and proving the accuracy

the form of a book, notice, handbill, poster, sign, of meters furnished by such public utility for use; bill, circular, pamphlet, or letter, or in any other and by which apparatus every meter may

be way, an advertisement of any sort regarding mertested, upon the written request of the consumer chandise, security, investment, service or anything to whom the same shall be furnished, and in the so offered to the public or concerning the quantity, presence of the consumer, if he shall so desire. quality, value, merit, use, present or former price, If the meter so tested shall be found to be accurate, cost, reason for price, motive for sale, or concernwithin such commercially reasonable limits as the ing the method or cost of production or manufaccommission may fix for such meters, a reasonable ture, or the possession of rewards, prizes or distincfee, to be fixed by the commission, sufficient to tions conferred, regarding such merchandise, securcover the cost of such test, shall be paid by the ity, investment, service or thing, which advertiseconsumer requiring such test; but, if not so found, ment contains any assertion, representation, or then the cost thereof shall be borne by the public statement of fact which is untrue, deceptive, or utility furnishing the meter. [1937]

misleading, and which is known, or which by the

exercise of reasonable care should be known, to be Purdon's Statutes Annotated, Title 18, Ch. 2—False

untrue, deceptive, or misleading, is guilty of a Advertising.

misdemeanor, and upon conviction thereof, shall Sec. 4857. Unlawful acts; penalty.

be sentenced to pay a fine not exceeding five hunWhoever, with intent to sell or in any wise dis

dred dollars ($500), or undergo imprisonment not pose of merchandise, securities, service, or any

exceeding one (1) year, or both. other thing, or with intent to increase the con

The provisions of this section shall not apply sumption thereof, or to induce the public in any

to any owner, publisher, printer, agent, or employes manner to enter into any obligation relating

of a newspaper or other publication, periodical, or thereto, or to acquire title thereto or any interest

circular, who, in good faith and without knowl. therein, makes, publishes, disseminates, or causes,

edge of the falsity or deceptive character thereof, directly or indirectly, the same to be made, pub

publishes, causes to be published, or takes part in lished, disseminated, circulated, or placed before

the publication of such advertisement. [1939] the public, in a newspaper or other publication in


Laws 1943, Act No. 164—-Bureau of Weights and

Page Sec. 1 Creation; abolishment of bureau in office of Executive Secretary

877 2 Same: Under jurisdiction of public service

commission; appointment of inspectors and
other employees

878 Laws 1913–14, Act No. 135—Weights and Measures Sec. 1 Metric system and imperial system; contracts, tracts, how construed

878 2 Units of measure

878 3 Liter is unit for liquids

878 4 Cubic meter is unit for cubic measure; hectare for land measure

878 5 Gram is unit of weight

878 6 Yard is unit of length in imperial system 878 7 Gallon is standard of capacity in American system

878 8 Pound is unit of weight in imperial system; hundredweight; ton

878 9 Official standards

879 10 Public service commission to enforce act; rules

and regulations; testing and sealing of ap-
paratus; condemnation and seizure

879 11 Testing and sealing upon request

879 12 Use of unsealed apparatus prohibited; exception

879 13 Apparatus to be exhibited to authorized per

son when asked for; testing and sealing 879 14 Apparatus not conforming to standards prohibited

879 15 Using or giving of false weight or measure prohibited

880 16 Transactions involving weights and measures, how conducted; proviso

880 17 Net weight to be marked; variations or tolerances

880 17a Tare weight of carts, wagons, railroad car, truck, etc. to be shown

881 18 Stamping of false weights or measure prohibited

881 19 Altering of tested and sealed weight or measure prohibited

881 20 Violations; penalty

881 21 Sealing or approving apparatus not conforming to standards; penalty

881 22 Previous violations may be submitted in evidence, when

882 Laws 1947, Act No. 369–Weights and Measures,

Importation, Manufacture, and Sale Sec. 1 New weighing and/or measuring apparatus defined

882 2 Manufacturers and importers to comply with

rules and regulations of public service com-

882 3 Authority of commission to prescribe rules and regulations

882 4 Report of purchase to commission


Pago Sec. 5 Violations; penalty

882 6 Incorrect weights, measures, or apparatus to be re-exported when; forfeiture

882 Laws 1917, Act No. 13—Bread Sec. 1 Standard loaf; rolls, weight; marking requirements

882 2 Marking requirements; manufacturer defined; variations or tolerances

883 4 Penalty for violations

883 Laws 1940, Act No. 72—"Puerto Rico Food, Drug, and

Cosmetic Act" Sec. 2 Definitions

883 3 Prohibited acts

883 4 Injunction

884 5 Penalties for violations; guaranty protection.- 884 6 Embargo

884 8 Minor violations

884 11 When food deemed misbranded

884 15 When drugs deemed misbranded

885 18 When cosmetics deemed misbranded

885 20 Regulations

885 Laws 1923, Act No. 37-Concentrated Feeding Stuffs Sec. 1 Registration

885 2 Marking requirements

885 3 Penalty for violations

885 3a Fines imposed against artificial entities 885 5 Definition

885 Same

885 11 Rules

886 Laws 1934, Act No. 36—Commercial Fertilizers Sec. 1 Definition

886 4 Marking requirements

886 15 Rules and regulations for enforcement; penalty for violations

886 16 Penalty for violations

886 Laws 1919, Act No. 60—Water, Gas, and Electric

Sec. 1 Units of electric measure

886 2 Unit measure for gas

886 3 Meters to be furnished by corporation; meters to be tested, when

886 4 Meters in use to be tested by bureau

887 5 Meters in use may be tested on petition 887 6 Inspection service, how organized

887 7 Officials to be appointed

887 8 Penalty for violations

887 Penal Code 1937—False Weights and Measures Sec. 474 Fraudulently increasing weight or measure; penalty

887 480 False weight or measure defined

887 481 Punishment for using

887 482 Sale of package marked or stamped with short weight or measure

887 483 Sale of sugar, coal, etc., sold by the ton 887 484 Sale of goods sold by weight or measure 887

Laws 1943, Act No. 164—Bureau of Weights and

Measures. Sec. 1. Creation; abolishment of bureau in office of Executive


The Bureau of Weights and Measures of the Office of the Executive Secretary of Puerto Rico and the Division of Inspection of Chemical Labor.


atories of the Department of Agriculture and Commerce of Puerto Rico are hereby eliminated and a bureau is created which shall be known as the Bureau of Weights and Measures, for the enforcement of Act 135 ?, of August 18, 1913, [1943] 1 See page 878.

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