Sec. 112. Same: Companies to provide meter provers. Every gas company with a capital paid in of one hundred thousand dollars or more, and every other gas company, if required by the department [of public utilities], and all makers and vendors of meters shall set up at some convenient place upon their premises one or more meter provers of a size and type approved, tested and calibrated by the department, by means of which meters may be tested. [1861; last amended 1914.] Sec. 113. Same: Penalty for providing meters not tested. A gas company providing a meter for measuring gas supplied to a customer which, if never before used, has not been duly sealed and stamped, or, if opened after being sealed and stamped, has not been again tested, sealed and stamped, shall be punished by a fine of five dollars for every such meter in use, payable to the city or town where the meter is situated. [1861; last amended 1914.] Sec. 114. Same: Testing meters in use. Meters in use shall be tested by the department [of public utilities], on the request of the consumer or of the gas company, in the presence of the consumer if desired, and with sealed apparatus. If it finds that the meter is correct, the person requesting the inspection shall pay the fees for such inspection and the expense of removing the meter for the purpose of being tested, and the reinspection shall be stamped on the meter. If it finds that the meter is incorrect, the gas company shall pay such expenses and shall furnish a new meter without charge to the consumer. [1861; last amended 1928.] Sec. 115. Same: To register plainly. Meters for measuring gas supplied to consumers shall register the quantity of gas passing through them in cubic feet so that the number of cubic feet of gas consumed may be easily ascertained by the consumer thereof. No meter shall be used which may confuse or deceive the consumer in ascertaining the price he pays per thousand cubic feet or the number of cubic feet consumed. [1886; last amended 1914.] Sec. 115A. Same: Replacement of gas meters. Each meter for measuring gas provided by a gas company or municipal lighting plant to a consumer shall, not later than seven years from the date of installation or replacement, be removed by the company or municipal lighting plant from the premises of the consumer and replaced by it with such a meter which has been newly tested, sealed and stamped in accordance with law. [1936; last amended 1937.] Sec. 116. Gas and electricity: Entry on premises to examine meters. An officer or servant of a gas or electric company who is duly authorized in writing by the president, treasurer, agent or secretary of said company, may at any reasonable time enter any premises supplied with gas or electricity by such company for the purpose of examining or removing the meters, and of ascertaining the quantity of gas or electricity consumed or supplied; [1861; last amended 1923.] Sec. 117. Same: Customer to be given meter reading upon request. When a gas or electric meter in a building owned or used by a customer of a gas or electric company is read by an employee or agent of such company, he shall, upon request, deliver to the person using the gas or electricity measured by the meter a written statement of the amount recorded by the meter at that time. [1911; last amended 1914.] Sec. 118. Same: Electric meters to register plainly. Meters for measuring electricity for lighting purposes supplied to consumers shall register the quantity of electricity passing through them in kilowatt hours, so that the number of kilowatt hours consumed may easily be ascertained by the consumer. [1913; last amended 1914.] Sec. 119A. Same: Quantity marked on bill. When a consumer is charged for gas or electricity at several rates according to the quantity used, his bill, to the extent that the gas or electricity is used for domestic purposes, shall be so itemized as to show the quantity charged for at each rate, and where the use is for other than domestic purposes such detail shall be furnished by the company on request of the consumer, and the bill shall contain a statement to this effect. [1936; last amended 1939.] Sec. 120. Electric meters: Testing of meters in use. A customer of a corporation subject to this chapter [Secs. 1-127], or such corporation, may apply to the department [of public utilities] for an examination and test of any electric meter, demand indicator, so called, and any other device or appliance installed by such corporation upon a customer's premises and used by such corporation to determine the charge to the customer for its service. The department shall forthwith cause such examination and test as in its judgment is practicable and reasonable to be made by a competent and disinterested person, and shall furnish to the corporation and to the customer a certificate of the result and expense thereof. If, upon such examination and test, it appears that the appliance does not register correctly, the department may order the corporation to correct or remove such meter, demand indicator or other device or appliance and to substitute a correct meter, demand indicator or other device or appliance therefor. All fees for examinations and tests shall in the first instance be paid by the person or corporation making application therefor; but if the examination or test is made at the request of a customer, and the Annotated Laws (1948), Vol. V, Title XXII. Ch. 164 -Sale of Gas and Electricity-Continued. meter is found to be incorrect because too fast, the corporation shall pay such fees to the department, to be repaid by it to the applicant. A meter shall be deemed correct for the purposes of this section if it appears from such examination or test that it does not vary more than five per cent from the standard approved by the department. This section shall not authorize or prohibit differential prices for electricity supplied by any such company. [1901; last amended 1914.] Sec. 121. Same: Rules and regulations. The department [of public utilities] may establish such rules and regulations, fix such standards, prescribe such fees, and employ such means and methods in, and in connection with, such examinations and test of electric meters as it deems most practicable, expedient and economical. The department may purchase such materials, apparatus and standard measuring instruments for such examinations and tests as it deems necessary. [1901; last amended 1914.] Sec. 122. Same: Penalty for providing incorrect electric meters or other measuring devices. Whoever, being engaged in the sale of electricity, maintains upon the premises of a customer for the purpose of determining the charge to be made for electricity supplied to him a meter, demand indicator or other mechanical device or appliance which is found upon examination and test, as provided in section one hundred and twenty, to register incorrectly as against such customer, shall refund to him such an amount as, if not agreed upon, shall, upon application of the customer and after opportunity given to the vendor to be heard, be determined by the department [of public utilities]. [1912; last amended 1914.] Annotated Laws (1948), Vol. V, Title XXII, Ch. 165 -Water Meters. Sec. 10. Testing. Any person using water supplied by a city, town, district or company, measured by a meter, shall be entitled to an examination and test of such meter to determine the accuracy of the same in any quarter or period, upon written application therefor, which shall be made before the expiration of the time when the rate for such quarter or period is required to be paid, to the board, commissioner or officer in charge of the water works of the city, town or district, if the water is supplied by a city, town or district, or to the company, if the water is supplied by a company. Such examination and test shall be made by a competent person employed by the city, town or district, if the water is supplied by a city, town or district, or by a competent person designated by the mayor of the city or the selectmen of the town where the water is supplied, if it is supplied by a company. A written report of the result of the examination and test shall be furnished to the person making the ap plication, and if it appears that the meter has regis tered with substantial accuracy, the expense of the examination and test shall be paid by the person applying therefor, and in no case shall the expense so required to be paid exceed three dollars for each examination and test, but if it appears that the meter has not registered with substantial accuracy and that the person has been charged with, or has paid for, more water than he should have beer charged with or should have paid for, the amount o such excess shall forthwith be credited to such per son or remitted to him if he has paid the same, and the expense of the examination and test shall be borne by the city, town, district or company supply ing the water; if, however, it appears that the persor has been charged with, or has paid for less water than he should have been charged with or should have paid for, he shall forthwith be charged with the proper additional amount and shall` pay th same, together with the expense of the examination and test, to the city, town, district or company supplying the water. [1914] Annotated Laws (1933), Vol. IX, Title I, Ch. 266False Advertising. Sec. 91. Unlawful acts; penalty. Any person who, with intent to sell or in any wa dispose of merchandise, securities, service, or any thing offered by such person, directly or indirectly to the public for sale or distribution, or who, with intent to increase the consumption of or demand fo such merchandise, securities, service or other thing or to induce the public in any manner to enter int any obligation relating thereto, or to acquire titl thereto, or an interest therein, makes, publishes disseminates, circulates or places before the public or causes, directly or indirectly, to be made, pub lished, disseminated, circulated or placed before the public within the commonwealth, in a newspape or other publication, or in the form of a book notice, handbill, poster, bill, circular, pamphlet o letter, or in any other way, an advertisement of an sort regarding merchandise, securities, service o anything so offered to the public, which advertise ment contains any assertion, representation or state ment of fact which is untrue, deceptive or mislead ing, and which such person knew, or might o reasonable investigation have ascertained to be un true, deceptive or misleading, shall be punished b a fine of not less than ten nor more than five hundre dollars; provided, that this section shall not appl to any owner, publisher, printer, agent or employe of a newspaper or other publication, periodical o circular, or to any agent of the advertiser who i good faith and without knowledge of the falsity o deceptive character thereof publishes, causes to b published, or participates in the publication of suc advertisement. [1902; last amended 1916.] Compiled Laws 1948, Vol. 2, Ch. 285-State Department of Agriculture. Sec. 285.1. Department created; commission; director of agriculture. There is hereby created a state department of agriculture which shall possess the powers and perform the duties hereinafter granted and conferred. The general administration of said powers and duties shall be vested in a bi-partisan commission of agriculture which shall be composed of 5 members appointed by the governor, subject to confirmation by the senate: Provided, That I member of said commission shall be a resident of the Upper Peninsula. * The commission shall appoint and employ a director of agriculture who shall continue in office at the pleasure of the commission He may appoint, with the approval of the commission, such assistants and employees as may be necessary to perform the duties hereby imposed, Whenever, in any law of the state, reference is made to the commissioner of agriculture, reference shall be deemed to be made to the director of agriculture. [1921; last amended 1947.] Sec. 285.2. Abolishment of office of state food and drug commissioner, etc. and transfer of powers to state department of agriculture. The state department of agriculture shall exercise the powers and perform the duties now vested by law in the department of animal industry, the state food and drug commissioner, the state veterinary board, the immigration commission, the commissioner of immigration, the market director, and shall also possess the powers and duties formerly vested Violation of statute not having specific penalty deemed misdemeanor P 4 4 4 4 False advertising prohibited; misdemeanor 4 Punishment of misdemeanors when not fixed by statute False weights and measures; penalties Penalty for false weighing of livestock, beef, pork, hay, grain, etc. Fruit baskets to be marked as to number of pounds; penalty Label required on binder twine; specifications; tolerances; penalty by law in the Michigan agricultural fair commissio The departments, boards, commissions and office whose powers and duties are hereby transferred the state department of agriculture shall be ab ished as of the thirtieth day of June, 1921. All r ords, files and papers of any nature whatsoever p taining to the functions thereof shall be turned o to the department hereby created. Any hearing other proceeding pending before any board or offi whose tenure is so terminated shall not be abate but shall be deemed to be transferred to the sta department of agriculture and shall be carried and determined by the commissioner [director] agriculture in accordance with the provisions of t law governing such hearing or proceeding. [199 last amended 1923.] 1 For powers and duties previously vested in food and di commissioner, see Sec. 289.2, page 492. Compiled Laws 1948, Vol. 2, Ch. 290-Weigh Measures and Standards. Sec. 290.1. State standards. The weights and measures received from United States under a resolution of congress proved June 14, 1836, and such new weights a measures as shall be received from the United Sta as standard weights and measures in addition the to or in renewal thereof, and such as shall be s plied by the state in conformity therewith and ce fied by the national bureau of standards, shall be state standards, by which all county and munici standards of weights and measures shall be tri proved and sealed. [1913] Sec. 290.2. Superintendent of weights and measures; deputy and inspectors. The state dairy and food commissioner 1 by virtue of his office shall be state superintendent of weights and measures during his term of office. His deputy shall be deputy superintendent of weights and measures and all inspectors appointed by the dairy and food commissioner shall be state inspectors and sealers of weights and measures. [1913] 1 In Compiled Laws of Michigan 1948, following the foregoing section, it is stated: "Dairy and Food Commissioner: Office abolished; powers and duties transferred to food and drug commissioner, which in turn has been abolished and superseded by the department of agriculture, "See Secs. 289.2 and 285.2, pages 492 and 478, respectively. Sec. 290.3. Same: Powers and duties. The superintendent of weights and measures shall take charge of the standards adopted by this article as the standards of the state, and cause them to be kept in a safe and suitable place in the office of the superintendent from which they shall not be removed except for repairs or for certification and he shall take all other necessary precautions for their safe keeping. He shall maintain the state standards in good order and shall submit them at least once in ten (10) years to the national bureau of standards for certification. He shall at least once in five (5) years try and prove by the state standards all weights, measures and other apparatus which may belong to any county or city, and shall seal such when found to be accurate stamping on them the letter "C" and the last two (2) figures of the year with seals which he shall have and keep for that purpose. He shall have and keep a general supervision of the weights, measures and weighing and measuring devices offered for sale, sold, or in use in the state. He shall, upon the written request of any citizen, firm, corporation or educational institution in the state test or calibrate weights, measures, weighing or measuring devices, and instruments or apparatus used as standards in the state. He, or his deputy, or inspectors, by his direction, shall at least once annually test all scales, weights, and measures used in checking the receipts and disbursements of supplies in every institution for the maintenance of which moneys are appropriated by the legislature, and he shall report in writing his finding to the supervisory board and to the executive officer of the institution concerned, and at the request of such board or executive officer the superintendent of weights and measures shall appoint in writing one (1) or more employes then in the actual service of each institution, who shall act as special deputies without extra compensation for the purpose of checking the receipts and disbursements of supplies. He shall keep a complete record of standards, balances and other apparatus belonging to the state and take a receipt for same from his successor in office. He shall annually on the first (1st) day of July make to the gov ernor a report of the work done by his office. The state superintendent or his deputy, or inspectors, at his direction, shall inspect all standards and apparatus used by the counties and cities at least once in five (5) years and shall keep a record of the same. He, or his deputy, or inspectors, at his direction. shall at least once in five (5) years visit the various cities and counties of the state in order to inspect the work of the local sealers, and in the performance of such duties, he may inspect the weights, measures, balances, or any other weighing appliance of any citizen, firm, or corporation, and shall have the same power as the local sealer of weights and measures. The superintendent shall issue from time to time, regulations for the guidance of city and county sealers, and the said regulations shall govern the procedure to be followed by the aforesaid officers in the discharge of their duties. [1913] Sec. 290.4. County weights, measures and apparatus; certification; use as public standards. The board of supervisors of each county and the commissioner or common council of each city who may in their discretion appoint a sealer under this act [Secs. 290.1-290.10], shall procure at the expense of the county or city, and shall keep at all times, a complete set of weights and measures and other apparatus of such material and construction as said superintendent of weights and measures may direct. All such weights, measures, and other apparatus having been tried and accurately proven by him, shall be sealed and certified to by the state superintendent as hereinbefore provided; and shall be then deposited with and preserved by the county or city sealer as public standards for such county or city. [1913] Sec. 290.5. County sealer; appointment, term, salary, powers and duties, records, report, bond; state sealer and inspectors, powers and duties; combination of counties. The board of supervisors of each county may in its discretion appoint a county sealer of weights and measures in each county for a term of two (2) years. He shall be paid a salary to be determined by said. board, and no fee shall be charged by him or by the county for the inspection, testing, or sealing of weights, measures, or weighing or measuring devices; where not otherwise provided by law, the county scaler shall have the power within his county, and the state superintendent, his deputies and inspectors, within the state, to inspect, test, try, and ascertain if they are correct, all weights, scales, beams, measures of every kind, instruments or mechanical devices for measuring and tools, appliances and accessories connected with any and all such instruments or measures kept, offered, or exposed for sale, sold or used or employed within the county by any proprietor, agent, lessee, or employe in proving the size, quantity, extent, area, or measurement of quantities, things, produce, articles for distribution. or consumption offered or submitted by such person |