Sealer shall be furnished with appliances for testing etc., by cities. weights, towns and Section 6. A sealer, when visiting the place of business of CHAP. 58 any person for the purpose of testing any weights, measures or balances, may use for that purpose such weights, measures or balances as he can conveniently carry with him, and each city and town shall furnish its sealer with one or more duplicate sets of weights, measures and balances, which shall at all times be kept to conform to the standards furnished by the state, and all weights, measures and balances so sealed shall be deemed to be legally sealed the same as if tested and sealed with the standard weights, measures and balances. Section 7. A sealer of weights and measures may seize without a warrant such weights, measures or balances as may be necessary to be used as evidence in cases of violation of the law relating to the sealing of weights and measures, such weights, measures or balances to be returned to the owners, or forfeited as the court may direct. False measures seized and evidence of of law. weights and may be used as violation ings, when complaint is made, rect that incor- ing used. Section 8. When a complaint is made to a sealer of weights Proceedand measures by any person that he has reasonable cause to believe or when such sealer himself has reasonable cause to believe that a weight, measure or balance used in the sale of any commodity within his city or town is incorrect, the said sealer shall go to the place where such weight, measure or balance is and shall test the same, and mark it according to the result of the test applied thereto; and if the same is incorrect and cannot be adjusted, the said sealer shall attach a notice thereto, certifying that fact, and forbidding the use thereof until it has been made penalty to conform to the authorized standard. Any person using a weight, measure or balance after a sealer has demanded permission to test the same, and has been refused such permission shall be liable to a penalty of not less than ten nor more than one hundred dollars. for using en re fused per mission to test. How weights, etc., shall be stamped Section 9. All weights, measures and balances that cannot be made to conform to the standard shall be stamped 'condemned' or 'CD' by the sealer, and no person shall thereafter that are use the same under the penalties provided in the case of the use of false weights and measures. Section 10. If a person knowingly uses a false weight, measure, scale, balance or beam, or after a weight, measure, scale, balance or beam has been adjusted and sealea, alters it so that it does not conform to the public standard and fraudulently makes use of it, he shall forfeit for each offense fifty dollars, onehalf to the use of the city or town and one-half to the use of the complainant; and every sealer who has reasonable cause to believe that a weight, measure, scale, balance or 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. incorrect. Penalty for using any false weights, CHAP. 58 Penalty for using weights, etc., which have not been sealed. Fees of sealers of weights for testing same. Sealer may be paid. Salary and fees paid into treasury. Inconsistent acts, repealed. Section II. 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 twenty dollars 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. Section 12. The fees of sealers of weights and measures, for testing and adjusting scales, weights and measures by the town standard, to be paid for by the persons for whom the service is rendered, are as follows: for testing railroad track scales of forty thousand pounds capacity and upwards, two dollars; elevator scales of twenty thousand pounds capacity and upwards, one dollar and fifty cents; platform scales of five thousand pounds capacity and upwards, one dollar; dormant scales of less than five thousand pounds capacity, fifty cents; dormant beef track scales, fifty cents; platform scales of less than five thousand pounds capacity, fifty cents; beam scales of over one thousand pounds capacity, fifty cents; platform scales of less than one thousand pounds capacity, twenty-five cents; platform counter scales, twenty-five cents; counter balance or trip scales, ten cents; spring balance scales, fifteen cents; weights, each, three cents; measures, wet and dry, each three cents; yard sticks, each, five cents; coal baskets, each, ten cents; milk cans, large size, five cents each; milk cans, small size, three cents each; milk bottles, three cents each; for adjusting or repairing any scale, a fair and reasonable compensation; for adjusting weights when either light or heavy, not to exceed ten cents each; for adjusting measures, wet or dry, when either large or small, not to exceed ten cents each; for adjusting yard sticks, not to exceed five cents each; for adjusting any weight or measure not mentioned above, a fair and reasonable compensation. Section 13. The city council 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 section one. Section 14. All acts and parts of acts, inconsistent with this act, are hereby repealed. Approved March 11, 1899. Chapter 59. An Act in relation to Steam Riding Galleries. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 1. Any person who desires to operate or run a merry-go-round or steam riding gallery, in any town, shall first procure a license therefor from the selectmen of such town, who are hereby authorized to grant such license if they see fit. The sum to be paid for such license shall not be more than fifty dol lars. Section 2. Any person who operates or runs a merry-goround or steam riding gallery in any town, without first procuring a license therefor, as provided in section one of this act, shall be fined five dollars for each and every day that he operates or runs his merry-go-round or steam riding gallery without such license. Section 3. Trial justices, police courts and municipal courts Jurisdicshall have jurisdiction of all offenses arising under this act. Approved March 11, 1899. tion of offenses. Chapter 60. An Act to increase the salary of the Register of Probate of the County of Knox. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 1. On and after the first day of January in the year of our Lord one thousand eight hundred and ninety-nine, the salary of the register of probate of the county of Knox shall be seven hundred and fifty dollars per annum instead of the sum now established by law. Section 2. This act shall take effect when approved. Approved March 11, 1899. Chapter 61. An Act to amend Section eighteen of Chapter sixty-three of the Revised Statutes, relating to the appointment of Register of Probate. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 18, Section eighteen of chapter sixty-three of the revised statutes is hereby amended, by inserting after the word "person" in the chapter 63, second line the words 'of either sex,' so that said section, as amended, shall read as follows: R. S., amended. CHAP. 62 If register may appoint 'Section 18. In case of the death or absence of the register, the judge shall appoint a suitable person, of either sex, to act as register, until the register resumes his duties, or another is qualified in his stead; he shall be sworn, and if the judge requires it, give bond as in case of the register.' Approved March 11, 1899. Public schools may be suspended. -conveyance for scholars shall be provided. Chapter 62. An Act to amend Chapter to two hundred and ninety-five of the Public Laws of eighteen hundred and ninety-seven, relating to discontinuing schools and conveying school children. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Chapter two hundred and ninety-five of the public laws of eighteen hundred and ninety-seven is hereby amended by striking out the word "sixteenth" in the fifth line of section one of said chapter and inserting in place thereof, the word ‘fifteenth', so that said section one of chapter two hundred and ninety-five, as amended, shall read as follows: 'Section I. Section three of chapter eleven of the revised statutes, as amended by sections two and three of chapter two hundred and sixteen of the public laws of eighteen hundred and ninety-three, is hereby amended by striking out all of said section after the word "town" in the fifteenth line thereof and adding 'but any public school failing to maintain an average attendance for any school year of at least eight pupils shall be and hereby is suspended, unless the town in which said school is located shall by vote instruct its superintending school committee to maintain said school. The superintendent of schools in each town shall procure the conveyance of all public school pupils residing in his town, to and from the nearest school, for the number of weeks for which schools are maintained in each year, when such pupil resides at such a distance from the said school as to render such conveyance necessary.' Approved March 11, 1899. Chapter 63. An Act lo fix the salary of the Judge and Register of Probate for the County of Oxford. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section I. From and after the first day of January, in the year of our Lord one thousand eight hundred and ninety-nine, the salary of the judge of probate for Oxford county shall be four hundred and fifty dollars a year. probate. Section 2. From and after the first day of January, in the Register of year of our Lord one thousand eight hundred and ninety-nine, the salary of the register of probate for Oxford county shall be seven hundred and fifty dollars a year. Section 3. This act shall take effect when approved. Approved March 11, 1899. Chapter 64. An Act to amend Section seven of Chapter eleven of the Revised Statutes, relating to the duties of the Governor and Council in regard to payment to towns of state school fund and mill tax. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 1. Section seven of chapter eleven of the revised statutes is hereby amended by adding after the last word in the second line of said section seven, the words 'or to examine teachers as prescribed by law,or to have instruction given in the subjects prescribed by law, or to provide suitable text books in the subjects prescribed by law' so that said section seven as amended, shall read as follows: Section 7, chapter 11, R. S., amended. School mill tax, delinquent towns. 'Section 7. When the governor and council have reason to believe that a town has neglected to raise and expend the school money required by law, or to examine teachers as prescribed by held from law, or to have instruction given in the subjects prescribed by law or to provide suitable text books in the subjects prescribed by law, or faithfully to expend the school money received from the state, they shall direct the treasurer of state to withhold further payment to such town from the state school fund and mill tax until such town satisfies them that it has expended the full amount of school money required by law.' Section 2. This act shall take effect when approved. Approved March 11, 1899. |