aws 1940, Ch. 803-Weights and Measures, Department of Business Regulation.

ec. 1. Certain duties of department of labor transferred to the department of business regulation.

The functions, powers and duties of the departent of labor or the director of labor in connection ith the administration of chapter 407 of the eneral laws, entitled "Standards of weights, measres and balances, and powers, duties and liabilities f sealers," amended as to reorganization by chaper 660 of the public laws, 1939, are hereby asigned and transferred to the department of busiess regulation or the director of business regulaion. [1940]

ec. 2. References to department or director of labor, how construed.

Whenever in said chapter 407 of the general aws, as amended, or in any document, record or proceeding authorized by the same the phrases "department of labor" or "director of labor" are used n reference to or descriptive of said department or the director thereof, or to its or his respective activities, such phrase or reference shall hereafter be deemed to refer to, include and describe the department of business regulation or the director of business regulation as the context requires. 1940]

Sec. 5. Amended relative sections.

Sections 120, 121 and 150 of chapter 660 of the public laws, 1939, known as the "Administrative act of 1939," are hereby amended to read as follows:

"DEPARTMENT OF BUSINESS REGULATION

"Sec. 120. There shall be a department of business regulation. The director of busi

ness regulation shall also perform the duties required by any and all other provisions of the general laws and public laws in so far as such provisions relate to

the director of labor in his administration of the law relating to standards of weights, measures and balances, and powers, duties and liabilities of sealers.

"FUNCTIONS

"Sec. 121. It shall be the function of the department of business regulation (a) to regulate public utilities and public service corporations; (c) to regulate and control the manufacture, transportation, possession and sale of alcoholic beverages; (g) to regulate and control the standards of weights, measures and balances, and powers, duties and liabilities of sealers." [1940]

General Laws 1938, Title XXXV, Ch. 407-Weights and Measures, Standards and Sealers.

Sec. 1. State standards.

The weights, measures and balances received from the United States, and now in the custody of the state sealer of weights, measures and balances, and such new weights, measures and balances as shall be received from the United States as standard weights, measures and balances in addition thereto or in renewal thereof, shall be the authorized standards by which all town standards of weights and measures shall be tried, proved and sealed. [1872; last amended 1896.]

Sec. 2. Same: Custody and control.

The state sealer of weights, measures and balances shall have the exclusive custody and control of the standards so received by the state from the United States, which standards shall be kept in a suitable fireproof place to be provided by the state. He shall have the oversight of all the standards furnished by the state to the various towns and cities, and shall keep a complete list of the same and shall see that they are kept in good order and repair. He shall also keep the standards belonging to the state, furnished by the United States, in perfect order, and shall keep a complete list of the same, and shall take a receipt for the same from his successor in office. His office shall be kept open at least 2 specified days in each week. He shall try, prove and seal all town standards of weights, measures and balances brought to him for that purpose, the compensation for which is hereinafter provided. [1872; last amended 1901.]

General Laws 1938, Title XXXV, Ch. 407-Weights and Measures, Standards and Sealers-Continued. Sec. 3. Same: Duplicates; denominations.

The said state sealer shall furnish a set of standards of weights, measures and balances, at such cost as he may deem proper, to each city or town that in his judgment shall not have a suitable set, the same to be paid for by the state on the order of the state budget director and comptroller on the general treasurer, the said set to consist as follows: one even balance of a capacity not less than 100 pounds; one brass yard-gauge; 5 iron dry-measures, one each of the following capacities: one-half bushel, one peck, one-half peck, 2 quarts, and one quart; 6 iron wine-measures, one each of the following capacities: one gallon, one-half gallon, one quart, one pint, one-half pint, and one gill; 5 iron ring weights, avoirdupois standard, one each as follows: 50 pounds, 25 pounds, 20 pounds, 10 pounds, and 5 pounds; 10 brass weights, avoirdupois standard, one each as follows: 4 pounds, 2 pounds, one pound, 8 ounces, 4 ounces, one ounce, one-half ounce, one-quarter ounce, one-eighth ounce, one-sixteenth ounce; together with a suitable case or cabinet to contain the same. He shall also furnish each town and city, at the expense of said town or city, a portable even-balance scale, with a set of weights and measures, to be used by the said town or city sealers in the discharge of their duties as hereinafter provided. [1872; last amended 1896.]

Sec. 4. State sealer may inspect local weights, measures and balances; reports.

The state sealer may, in the discharge of his duties, inspect the weights, measures and balances of any person or persons, which are used for selling any goods, wares, merchandise or other commodities, or for public weighing in any town or city in this state, and if he finds the same to be inaccurate he shall forthwith inform the mayor of the city or the president of the town council, as the case may be, and such mayor or president shall at once call the attention of the town or city sealer thereto. The state sealer shall keep a record in detail of the towns and cities visited by him in the performance of his duties; of the weights, measures and balances tested and sealed by him; and he shall annually, during the first week in December, make a report to the governor of his doings for the year. [1872; last amended 1896.]

Sec. 5. Local sealers: Inventory of local weights, measures and balances.

The sealers of the different towns and cities shall make an inventory of weights, measures and balances furnished by the state and the condition of the same, on a blank prepared for that purpose, in the month of October of each year, and shall

forward the same to the state sealer of weights measures and balances. [1896]

Sec. 6. Same: Deputy sealers; appointment; duties.

The different town councils of the several towns and the boards of aldermen of cities, may appoint upon recommendation of their respective town o city sealers, one or more persons as deputy-sealer of their town or city, who shall assist the said tow or city sealer and, in the absence from duty o such town or city sealer, shall perform all the dutie of town or city sealer as may be required of the for the time being. [1872; last amended 1896. Sec. 7. Same: Office standards; procurement and custody.

Every town or city sealer shall, at the expense o his town or city, provide therein a suitable plac for the safe keeping and preservation of th weights, measures and balances furnished by th state, which shall be used only as standards, an shall not be taken from the office. He shall hav the care and oversight thereof; shall see that the are kept in good order and repair; and if an portion of them are lost, damaged, or destroyed shall at the expense of the town or city, replac the same by similar weights, measures or balance He shall procure, at the expense of his town city, a suitable set of sealing-stamps for stampin dry and wine measures, with the date of the yea thereon, and, for coal and wood baskets, a bran ing-iron, with letters not less than one-half ind high and the date of the year thereon. [1896] Sec. 8. Same: Offenses; penalties.

Every town or city sealer who neglects to pr vide a suitable place for keeping such weight measures and balances, or suffers any of the through his neglect to be lost, damaged or stroyed, shall be fined the sum of not less tha $20.00 nor more than $50.00. [1896]

Sec. 9. Same: Adjustment of standards; sealing.

Every town or city sealer shall, once at least every 3 years, have the standard weights, measur and balances in his custody tried, adjusted an sealed by the state sealer, who shall receive compensation therefor the sum of $15.00, whi sum, together with the necessary expenses incurre by him in so performing such service, shall be pa by the town or city to which such set of standar belong. [1896]

Sec. 10. Same: Testing and sealing commercial devices; noti

Every town or city sealer shall annually, at t expense of his town or city, advertise or post notifications in public places in different parts his town or city, for every person engaged in t trade of buying and selling, or as a public weigh who uses weights and measures, to bring in with a certain time, in each notification limited, bei not less than one month from the date of such r