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Purdon's Statutes Annotated, Title 52, Ch. 4-—Mine Scales, Bituminous Coal.

Sec. 1383. Screening bituminous coal before weighing prohibited.

It shall be unlawful for any mine owner, lessee or operator of any bituminous coal mine in this commonwealth, employing miners at bushel or ton rates, or other quantity, to pass the output of coal mined by said miners over any screen or other device which shall take any part from the weight, value or quantity thereof, before the same shall have been weighed and duly credited to the employe sending the same to the surface and accounted for at the legal rate of weight fixed by the laws of this commonwealth. [1897]

Sec. 1384. Penalty for violating preceding section.

Any owner, lessee or operator of any bituminous coal mine, violating the provisions of this act [Secs. 1383-1384], shall be deemed guilty of a misdemeanor, and shall, upon conviction for each and every such offense, be punished by a fine of not less than one hundred ($100) dollars nor more than five hundred ($500) dollars, or by imprisonment in the county jail for a period not to exceed ninety days, or by both such fine and imprisonment, at the discretion of the court; proceedings to be instituted in any court of competent jurisdiction. [1897]

Sec. 1385. Coal miners paid by weight or measure; standard weight or measure therefor.

Any miner employed by an individual, firm or corporation for the purpose of mining bituminous coal, shall be entitled to receive from his employer, and failing to receive, then to collect by due process of law, at such rates as may have been agreed upon between the employer and the employe, full and exact wages accruing to him for the mining of all coal so mined by him. In the adjudication of such wages eighty pounds shall be deemed one bushel, and two thousand pounds net shall be deemed one ton of coal. [1937]

Sec. 1386. Coal cars to be uniform and branded; enforcement.

At every bituminous coal mine, where coal is mined by measurement, all cars filled by miners and their laborers shall be uniform in capacity at each mine. No unbranded car shall enter the mine for a longer period than one month without being branded by the sealer of weights and measures of the county wherein the mine is located or by the Department of Internal Affairs. Any owner or his agent violating the provisions of this section shall be subject to a fine of not less than one dollar ($1.00) per car for each and every day such car, not in conformity with the act, is used. The sealer of weights and measures or the Department of Internal Affairs, as the case may be, on receiving notice from the check measurer or any five miners

working in the mine, that a car or cars are not properly branded or not uniform in capacity according to law are used in a mine, then inside of three days from the date of receiving said notice, it shall enforce the provisions of this section. [1937]

Sec. 1387. Checkweighman: Duties; compensation; offenses by operator; penalties.

At every bituminous coal mine in this Commonwealth where coal is mined by weight or measure, the miners whose wages are paid on the basis of tonnage mined, whether weighed or measured, or a majority of such miners present at a meeting called by them for that purpose, shall have the right to employ a competent person as checkweighman or checkmeasurer, as the case may require, who shall be permitted at all times to be present at the weighing or measurement of coal, also have power to weigh or measure the same, and during the regular working hours to have the privilege to balance and examine the scales or measure the cars. All such balancing and examination of scales shall be done in such a way and at such time as in no way to interfere with the regular workings of the mine. Such checkweighman shall be paid such compensation as may be fixed by the miners attending such meeting, which shall be paid by the operator to such checkweighman or checkmeasurer from deductions made from the wages of all miners employed at such mine whose wages are paid on the basis of tonnage, whether weighed or measured, an equal deduction being made from the compensation of such wages per ton or per measure, as directed by the checkweighman or checkmeasurer. Any person, association, copartnership or corporation who, as operator, shall refuse to permit any checkweighman or check measurer, so selected, to weigh and measure coal as provided by this act [Secs. 1385-1390c], or shall fail or refuse to pay the wages of such checkweighman or checkmeasurer, so selected, to weigh and measure coal as provided by this act, or shall fail or refuse to pay the wages of such checkweighman or checkmeasurer as required by this act, or shall interfere with, restrain or coerce employes in the exercise of the right to elect such checkweighman or checkmeasurer, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of five hundred dollars ($500) per day for each day of such refusal or violation. [1937]

Sec. 1388. Same: Privileges; interfering with; penalties.

The checkweighman or checkmeasurer shall not be considered a trespasser during working hours while attending to the interests of his employers, or while posting daily and semi-monthly sheets as hereinafter provided. In no manner shall he be interfered with or intimidated by any person, agent, owner or miner. Any person violating

Purdon's Statutes Annotated, Title 52, Ch. 4-Mine Scales, Bituminous Coal-Continued.

these provisions shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than twenty dollars ($20.00) and not exceeding one hundred dollars ($100.00), or imprisonment at the discretion of the court for failure to pay such fine and costs. [1937] Sec. 1389. Same: Duties; refusal of operator to credit unclaimed coal; penalty.

It shall be a further duty of checkweighmen or checkmeasurers to credit each miner with all coal mined by him on a daily sheet, to be kept by him for that purpose, and on a semi-monthly sheet, he shall credit each miner with all coal mined for each period for which payment of wages is made, which daily and semi-monthly credit sheets shall be kept posted at or near the pit mouth of the mine by the checkweighman or checkmeasurer. Whenever the checkweighman or checkmeasurer is unable to credit any coal mined to the proper miner because the car on which the same is loaded is not properly marked or cannot be identified, it shall be his duty to keep account of such coal, and credit the same to the miner entitled thereto when claim therefor is lodged with him by such miner. If claim for any such unidentified coal is not made within thirty days after the same was mined, the checkweighman or checkmeasurer shall credit the same to his account for the payment of his wages. Payment for such coal shall be made by the operator as directed by the checkweighman or checkmeasurer, and where such wages are paid to the checkweighman or checkmeasurer, a corresponding reduction shall be made in the deductions from wages of the miners charged by this act [Secs. 13851390c] with the payment of such wages. Any operator, or his servant, agent or employe, who shall refuse to credit such unclaimed coal as required by this section, shall, upon conviction in a summary proceeding, be sentenced to pay a fine of twenty-five dollars ($25.00), and, in default of the payment of such fine and costs, shall be sentenced to imprisonment for thirty days. [1937]

Sec. 1390. Regulating cars and scales when differences arise. When differences arise between the checkweighman or checkmeasurer and the agent or owners of the mine as to the uniformity, capacity or correctness of scales or cars used, the same shall be referred to either the scaler of weights and meassures of the county where the mine is located, or to the Department of Internal Affairs, whose duty it shall be to regulate the same at once. [1937]

Sec. 1390a. Penalty for false weight.

Should any weighman or weighman agent, checkweighman or checkmeasurer, whether employed by operators or miners, knowingly or wilfully adopt

or take more or less pounds for a bushel or ton than as provided for in the first section of this act [Sec. 1385], or wilfully neglect the balancing or examining of the scales or cars, or knowingly and wilfully weigh coal with an incorrect scale, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be imprisoned in the county jail for three months. [1937]

Sec. 1390b. Contract proviso.

Nothing contained in this act shall be construed to prohibit or prevent the operator and the miners collectively at any time from contracting for any method of measuring or weighing coal. [1937]

Sec. 1390c. Procedure upon complaint.

Any person aggrieved by the exercise of any power, duty or authority under the provisions of this act [Secs. 1385-1390c], or who believes such power, duty or authority was exercised contrary to the terms or conditions of this act, may complain by petition to the court of common pleas of the county in which the mine is located, setting forth the facts. Thereupon the court shall fix a day for hearing, of which due notice shall be given to all parties interested in such manner, as the court shall direct. After hearing, the court shall make such order dismissing the petition or directing the manner in which such power, duty or authority shall be exercised under this act, as to it appears just and proper. No such proceeding shall act as a supersedeas or be construed to estop the exercise of any such power, duty or authority until the order of the court is entered. [1937]

Purdon's Statutes Annotated, Title 66, Ch. 7-Public Utilities.

Sec. 1182. Rules and regulations: Testing; meters.

The commission [Pennsylvania Public Utility Commission] may, after reasonable notice and hearing, upon its own motion or upon complaint, prescribe reasonable regulations for the examination and testing of such service, and for the measurement thereof [electricity, gas, water, etc.]; prescribe or approve reasonable rules, regulations, specifications, and standards to secure the accuracy of all meters and appliances for measurement; and provide for the examination and testing of any and all appliances used for the measurement of any service of any public utility. [1937; last amended 1938.]

Sec. 1185. Equipment for testing; fees.

Every public utility, furnishing service upon meter or other similar measurement, shall provide, and keep in and upon the premises of such public utility, suitable and proper apparatus, to be ap proved from time to time and stamped or marked by the commission [Pennsylvania Public Utility

Commission], for testing and proving the accuracy of meters furnished by such public utility for use; and by which apparatus every meter may be tested, upon the written request of the consumer to whom the same shall be furnished, and in the presence of the consumer, if he shall so desire. If the meter so tested shall be found to be accurate, within such commercially reasonable limits as the commission may fix for such meters, a reasonable fee, to be fixed by the commission, sufficient to cover the cost of such test, shall be paid by the consumer requiring such test; but, if not so found, then the cost thereof shall be borne by the public utility furnishing the meter. [1937]

Purdon's Statutes Annotated, Title 18, Ch. 2-False Advertising.

Sec. 4857. Unlawful acts; penalty.

Whoever, with intent to sell or in any wise dispose of merchandise, securities, service, or any other thing, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto or any interest therein, makes, publishes, disseminates, or causes, directly or indirectly, the same to be made, published, disseminated, circulated, or placed before the public, in a newspaper or other publication in

the form of a book, notice, handbill, poster, sign, bill, circular, pamphlet, or letter, or in any other way, an advertisement of any sort regarding merchandise, security, investment, service or anything so offered to the public or concerning the quantity, quality, value, merit, use, present or former price, cost, reason for price, motive for sale, or concerning the method or cost of production or manufacture, or the possession of rewards, prizes or distinctions conferred, regarding such merchandise, security, investment, service or thing, which advertisement contains any assertion, representation, or statement of fact which is untrue, deceptive, or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue, deceptive, or misleading, is guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars ($500), or undergo imprisonment not exceeding one (1) year, or both.

The provisions of this section shall not apply to any owner, publisher, printer, agent, or employes of a newspaper or other publication, periodical, or circular, who, in good faith and without knowledge of the falsity or deceptive character thereof, publishes, causes to be published, or takes part in the publication of such advertisement. [1939]

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