Revised Code 1935, Ch. 82—Weights and Measures -Continued. prove the duplicate standards of weights and measures belonging to the several Counties, by and with the originals in his custody, and shall cause them to be made uniform and correct. [1909] 3420. Sec. 2. Standards of weights and measures. The standard weights and measures of the United States, now deposited in the custody and office of the State Chemist, are the true and legal standards for this State; and the duplicate thereof, deposited with the several Prothonotaries,1 are true duplicate standards by which all weights and measures, used within this State, shall be tried and regulated. [1852] 1 See Sec. 4304, page 190. 3421. Sec. 3. County regulators of weights and measures. A Regulator of weights and measures for each county shall be appointed by the Governor, to serve at his pleasure. The said Regulator shall be sworn, or affirmed, to perform the duties of his office faithfully and impartially. He shall, within thirty days from his appointment, give bond to the State, with sufficient surety, to be approved by the Governor, in the sum of one thousand dollars, conditioned for the faithful performance of the duties of his office; and if such bond be not filed in the secretary's office within the time aforesaid, his commission shall be void; the Regulators shall devote their full time towards carrying out the duties of their office and shall be paid for their services annually one thousand eight hundred dollars in New Castle County and twelve hundred dollars in Kent and Sussex Counties, said salaries to be paid by the State Treasurer as other salaries of State employees are paid. The Regulators shall be reimbursed for their reasonable expenses after the same have been duly certified by the Governor or such person as may hereafter be designated by him; said expenses shall not be allowed for a sum exceeding fifty dollars for any one month for each Regulator. [1852] 3422. Sec. 4. Same: Duties of, in Kent and Sussex Counties. In Kent and Sussex Counties the Regulator of Weights and Measures shall visit at least once during the year, every incorporated town in his county, for the purpose of regulating, by and with the duplicate standards aforesaid, without charge, any weights and measures, scales, balances, or other weighing apparatus, that may be in use; and shall stamp the same plainly with the letter "S," and the initial of his county should the same be correct. Whenever he shall see fit so to do, or whenever he shall be so requested, the Regulator of Weights and Measures in Kent or Sussex County shall weigh any quantity of coal or ice on its way to or in process of delivery and the expense of weighing same shall be paid to him by the Levy Court of the County upon presentation of a receipted bill therefor, showing the payment thereof by him. [1915; last amended 1919.] 3423. Sec. 5. Same: General duties and powers. The Regulator shall, in like manner, in his County, at all other times, regulate such weights and measures, scales, or balances, as may be brought to him, or of which he may have knowledge. And he shall diligently inquire for all unstamped weights and measures, scales and balances, which are used within his county for buying or selling. Each regulator shall have power, within his respective jurisdiction, to test all instruments and devices used in weighing or measuring anythng sold or to be sold. Such test shall include all appliances connected or used with such instruments or devices. For the purpose of making such test, each regulator, at any reasonable time and without formal warrant, may enter upon any premises; and may, on any public highway, stop any vendor or dealer, or the agent or servant of such vendor or dealer, or stop any vehicle used in delivering any commodity which is weighed or measured as delivered. He may condemn and mark as condemned, or may seize, any false or illegal instrument or device used, or intended to be used, in weighing or measuring. If he shall seize any such instrument or device, he shall retain possession thereof until it shall have been used as evidence in any prosecution under the laws of this Commonwealth relating to weights and measures. After the determination of such prosecution the false or illegal instrument or device shall be destroyed, unless otherwise ordered by the proper Court. Each Regulator shall have the power within his respective jurisdiction to make arrests for all violations of Chapter 82 of the Revised Code of Delaware, 1935, as amended. The Deputies of the respective Regulators shall have the same power. [1915; last amended 1943.] 3424. Sec. 6. Same: Monthly Reports. Each Regulator shall make a complete report each and every month to the Governor, or such State official or employee as may be designated by him to receive such report, covering all official acts on his part and furnishing a complete itemized statement of all expenses incidental to the performance of his duties. [1931] 3425. Sec. 7. Offenses and penalties for Kent and Sussex Counties. If any person in Kent or Sussex County, shall buy, sell, or barter, by any weight or measure, scale, balance, or other weighing apparatus, that has not been duly regulated and stamped, or if any person shall make, or use, a false stamp, or brand, for stamping weights, or measures, he or she shall be fined Twenty-five Dollars and pay in addition thereto the costs in the case. One-half of said fine when recovered shall be paid to the informer. [1915] 3426. Sec. 8. New Castle County: Duties and powers of regulator. The Regulator of Weights and Measures for New Castle County shall, as often as he may deem necessary, go to all stores, offices, booths, stalls or other places of business in his County where any beams, scales, weights and measures are used for the purpose of buying or selling any goods, chattels or other things, and test and adjust or cause to be tested and adjusted (if possible) all such beams, scales, weights and measures, and stamp the same plainly with the letter "S" and the initial of his County and the current year. He shall also in like manner, at all other times, test and adjust such beams, scales, weights and measures as may be brought to him for that purpose. The said regulator shall have the same powers prescribed in Section 5 [Sec. 3423] of this Chapter. [1915] 3427. Sec. 9. Same: Seizure of false equipment; application of law. The said Regulator of Weights and Measures for New Castle County is required to immediately seize and deliver to the Attorney General all false beams, scales, weights and measures that he may find within the County, which he is unable to adjust, together with a written report giving such information in regard thereto as may be required of him by the Attorney General; and all the provisions of this Chapter [Secs. 3419. Sec. 1-3443. Sec. 25] relating to the inspection of beams, scales, weights and measures in New Castle County used for the purpose of buying or selling shall also extend to all such beams, scales, weights and measures as are or may be used in said county for ascertaining weights and measures for the purpose of charging for freight, tonnage, transportation, commission and all other charges, when such charges are regulated by weight or measure. [1909] 3428. Sec. 10. Same: Offenses and penalties. In case any user or owner of such beams, scales, weights and measures within the County of New Castle, in this State, shall refuse or neglect to comply with any of the requisitions which the said regulator is by this Chapter [Secs. 3419 Sec. 1-3443. Sec. 25] authorized or directed to make or shall knowingly sell or buy any false beams, scale, weight, or measure; or shall purposely alter any beam, scale, weight, or measure, so that the capacity is diminished or increased after the same shall have been adjusted and stamped; or shall, in buying or selling, knowingly use any beam, scale, weight, or measure, so altered, or shall purposely alter any beam, scale, weight, or measure so as to impair the adjustment thereof after the same shall have been adjusted and stamped; or shall knowingly have in his possession any beam, scale, weight, or measure so altered as aforesaid; or shall knowingly buy, sell, use, or barter by any beam, scale, weight, or measure, or other weighing or measuring apparatus that has not been duly adjusted and stamped as aforesaid; or shall knowingly make, use, or have in possession any false stamp or brand for stamping any beams, scales, weights, or measures, he or they shall be guilty of a misdemeanor and upon conviction thereof shall, for the first offense, be fined not less than ten or more than twenty dollars or imprisoned for a term not exceeding ten days, and, for every subsequent offense, be imprisoned for a term not exceeding thirty days. One-half of all fines recovered for violations of any of the provisions of Sections 8 to 12 [Secs. 3426-3430], inclusive, of this Chapter [Secs. 3419. Sec. 1-3443. Sec. 25], shall be paid by the officer receiving the same to the informer and the other half to the Treasurer of New Castle County. Any person, partnership or corporation fraudulently misrepresenting the amount of a commodity contained in a package, bag, box or any other kind of container displayed for sale, exhibited for sale, or offered for sale, or sold by said person, partnership or corporation and which said package, bag, box or other container shall contain less than the amount of the quantity of the commodity so represented shall be guilty of a misdemeanor and shall be fined for the first offense not less than ten dollars or more than twenty dollars or imprisoned for a term not exceeding ten days and for every subsequent offense be imprisoned for a term not exceeding ten days. [1883; last amended 1943.] 3429. Sec. 11. Same: Weights and measures in public markets. All beams, scales, weights and measures tested, adjusted and stamped under the provisions of Sections 8 to 12 [Secs. 3426-3430], inclusive, of this Chapter [Secs. 3419. Sec. 1-3443. Sec. 25], which shall be used in the public markets and market houses of any city or incorporated town in said County, shall be liable to be tested and adjusted by the Regulator of Weights and Measures of such city or town, but no fee shall be charged therefor: provided, however, that if, upon such testing and adjustment, such beams, scales, weights, or measures shall be found to be false, the person or persons in whose possession the same shall be found shall pay to the Regulator of Weights and Measures of such city or town the fees allowed to such regulator for like services under the ordinances and regulations of said city or town. [1883] 3430. Sec. 12. Same: Oaths relative to commercial equipment. The said Regulator of Weights and Measures for New Castle County is authorized and empowered to administer an oath or affirmation to any or all Revised Code 1935, Ch. 82-Weights and Measures -Continued. proprietors or owners of any beams, scales, weights or measures, named in Sections 8 to 11 [Secs. 34263429], inclusive, of this Chapter [Secs. 3419. Sec. 1-3443. Sec. 25], to ascertain whether they are used for the purpose of buying or selling, as is contemplated by said Sections. [1885] 3431. Sec. 13. Duplicate standards. The Levy Courts of the three Counties shall cause to be made available to the Regulators of the respective counties, as named under this Chapter [Secs. 3419. Sec. 1-3443. Sec. 25], who shall preserve and keep the same in good order, the duplicate standards and balances and other equipment now used by the said Regulators in the performance of their duties; that thereafter all equipment shall be furnished by the State. The said Regulators shall attend, with duplicate standards, at the office of the State Chemist, when required by him in writing so to do, for the purpose of having them regulated by the originals. [1931] 3433. Sec. 15. Standard measure for milk and cream; penalty. It shall be unlawful for any person, firm or corporation to sell or offer for sale, or to demand from any person, firm or corporation offering for sale, either wholesale or retail, any milk, skim milk or cream according to any other standard of measurement than that known as the liquid or wine measure containing two hundred and thirty-one cubic inches to the gallon. Provided, that nothing in this Section will prevent the sale of milk, skim milk or cream by weight or percentage of butterfat. Every person, firm or corporation and every officer, agent, servant or employee of such person, firm or corporation, who shall violate any of the provisions of this Section, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five nor more than one hundred dollars, or shall be imprisoned for a term of not less than ten or more than thirty days, or both, at the discretion of the Court. [1909] 3434. Sec. 16. Charcoal, bushel for. The Standard Measure of Charcoal in this State shall be two thousand seven hundred and fortyeight cubic inches for each and every bushel thereof, and when sold by weight, a bushel shall be twenty pounds, commercially dry. [1885] 3435. Sec. 17. Mason work, rules for measurement of. The following shall be the rules for the measurement of mason work in this State: The units of measurement shall be as follows: For dimension stone footings, the superficial foot. For dimension stone bridge masonry, the cu foot. For dimension stone surface dressing, the sup ficial foot, extra price. For rubble work, the perch of twenty-four a three-quarters cubic feet. For rubble work surface dressing, the superfic foot, extra price. For brick work, the thousand brick. For plastering plain surfaces, the superficial ya For plastering cornices, the running and sup ficial foot. 2. A perch of stone shall contain, when measur in the wall, twenty-four and three-quarters cul feet; when measured in square piles on the grou twenty-seven cubic feet. When measured in boats, thirty cubic feet. When measured in cars, thirty-one and one-h cubic feet. All stone to be measured in the wall when pr ticable. Any mason work contracted for, in which t contractor agrees to furnish both materials a labor at a stated sum per perch, shall be measur and computed according to the following ru governing the measurement of mason work, i. mason measure shall be the basis of settlement. 3. Excavation: All excavation to be measured and computed the actual amount of material displaced. No allo ance for rehandling. Walls to be measured by t lineal foot in depth. 4. Concrete; Foundation, measure actual contents. Flo measure actual surface laid, except that no ded tion be made for open tile drains. 5. Dimension stone: Footings to be measured each course separate No deductions for drain or other openings und walls two feet, or less, in width. Bridge masonry, compute actual cubic conten Surface dressing of all kinds extra. 6. Rubble work: Footings to be measured by actual cubic co tents. Footings are all such foundation courses n exceeding sixteen inches in height as are wid than the body of wall above. 7. Walls: Compute actual contents and for each angle corner of ninety degrees in a vertical wall, add tw cubic feet for each foot in height of the wall, if th wall is battered add two and one-half cubic fe for each foot in height. For each angle of more or less than ninety d grees in any wall, add two feet in length of wal 8. Partition walls: Intersections of walls, measure actual contents the walls and add one cubic foot for each foot height for each angle made by the faces of the intersecting walls. 9. Circular walls: For round walls, for length of walls, take one and one-fourth times the girt measure. 10. Pilasters and projections: All projections, such as chimney breasts, piers connected with walls and pilasters, to be measured actual cubic contents and add thereto one cubic foot for each intersection of the sides of such projection with the wall, and two cubic feet for each outer corner for each foot in height. If such projections are battered on the outer face, add two and one-half cubic feet instead of two cubic feet for each outer corner for each foot in height. 11. Piers: Square or polygon piers, to be measured actual cubic contents; if vertical, two cubic feet to be added for each corner for each foot in height. If battered, add instead two and one-half cubic feet for each corner for each foot in height. 12. Round piers, add three feet to the measured diameter of the pier, and compute the contents, with this sum used as the diameter, the height to be taken as measured. 13. Stepped piers or piers with vertical off-sets. Stepped piers or piers diminishing from the bottom by off-sets shall be computed by the above rule No. 10. And also add the sum of the areas of the level surface of the several steps (excepting the top of the pier) multiply by one foot in height. Provided, however, That all such parts of independent piers as are six inches or more below the surface of the ground are to be computed actual contents, and one cubic foot added for each foot in height or depth. 20. Beam filling: For beam filling, on level walls, add one foot in height of wall; on gable add one foot in height of wall by the extreme width of gable at its base. 21. Minimum height and thickness of wall: No wall to be computed at less than eighteen inches in thickness, nor one foot in height. 22. Brickwork: Compute the actual number of bricks laid. When in the wall and practicable, the number of bricks to be estimated by actual count; when not practicable to so count them the following rule to be taken as a basis for estimating the number, viz: Every superficial foot of one-half brick (four and one-half inches) wall to be estimated at six and one-half bricks; of one brick (nine inches) wall at thirteen bricks, etc. Increase the number of bricks by six and one-half bricks for every additional half brick in thickness of wall. 23. Measurement of party walls: Party walls to be measured according to the above rules, and joist holes to be charged at the rate of fifteen cents each. 24. Plastering and lathing: To be measured by the superficial yard from floor to ceiling for walls, and from wall to wall of ceiling. 25. Corners, beads, etc: 28. Openings: Openings in plastering to be measured between grounds. No deduction to be made for opening of nine feet or less. For openings of more than nine feet square, deduct contents of openings. [1893] 3436. Sec. 18. Minimum bread weight; offenses; penalty. All loaves of bread manufactured from wheat flour in whole or in part, sold or offered for sale in this State by the baker or manufacturers thereof or by any other person whether wholesale or retail, shall weigh at least one pound avoirdupois weight. If any baker or manufacturer of bread into loaves from wheat flour in whole or in part, or any other Revised Code 1935, Ch. 82-Weights and Measures -Continued. person shall in this State sell or offer to sell to any person any such loaf of said bread that shall weigh less than one pound avoirdupois weight he, she or they, or it shall be guilty of a misdemeanor, and upon conviction thereof shall forfeit and pay to the County wherein such sale or offer to sell is made, a fine of not less than five dollars, and not more than twenty-five dollars, and upon default of the payment of said fine shall be imprisoned in the County Jail not exceeding thirty days. [1898] 3437. Sec. 19. Standard containers for fruits and vegetables. The Standard pint basket or cup for fruit and berries in this State shall contain a full pint. The Standard quart basket or cup for fruit and berries in this State shall contain a full quart. The Standard hamper in this State shall hold a full bushel. The Standard barrel for fruit and produce shall hold eleven pecks. The Standard peach basket shall hold one-half of a bushel. For the Summer Apple the Standard basket shall hold one bushel. The standard basket for all Potatoes, Tomatoes, Turnips, Onions and Cabbage shall hold fiveeighths of a bushel. In measuring all forms of fruit and produce dry measure shall be used. Every person or corporation in this State handling, shipping or selling fruit or produce in cups or baskets, hampers, barrels, peach baskets, summer apple baskets, and all Potato, Tomato, Turnip, Onion and Cabbage baskets shall use the Standard cup or basket, hamper, barrel, peach basket, summer apple basket, or Potato, Tomato, Turnip, Onion or Cabbage basket, or if he or it shall use a different size from that herein designated as Standard for any of these fruits or produce, he shall clearly mark upon the outside of such cup or basket, hamper, barrel, peach basket, Summer apple basket or Potato, Tomato, Turnip, Onion or Cabbage basket, in figures not less than one inch in height the exact amount which such cup or basket, hamper, barrel, peach basket, Summer apple basket or Potato, Tomato, Turnip, Onion or Cabbage basket, does hold. Whoever shall violate the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not less than Ten Dollars for each offense. [1913] 3438. Sec. 20. Coal: Standard ton; penalty. The legal standard ton for coal in this State shall be two thousand pounds avoirdupois weight; any coal dealer or other person selling or sending out into the highways, lanes, or streets of this State, or any city or town of this State, or otherwise dis posing of a load of coal containing less than two thousand pounds avoirdupois for a ton, except when delivering fractions of a ton, or, if delivering a fraction of a ton and said fraction of a ton contains less relatively than the legal standard of two thousand pounds avoirdupois, the dealer or other person so acting shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be compelled to pay a fine of fifty dollars. [1939; last amended 1942.] 3439. Sec. 21. Kent and Sussex Counties: Coal and ice; offenses; penalty. Every person, firm or corporation delivering or attempting to deliver in the way of sale in Kent or Sussex County of this State any quantity of coal or ice purporting to be of a greater net weight than the same shall actually be at the time of delivery shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of one hundred dollars for the first offense, which fine shall be doubled for any second offense and doubled progressively for each subsequent offense thereafter, which penalty shall in Kent and Sussex Counties be in lieu of the penalty prescribed by Section 20 [Sec. 3438] of this Chapter [Secs. 3419. Sec. 1-3443. Sec. 25]. [1919] 3440. Sec. 22. Solid Fuels: Definitions; sale by weight; enforcement officers; tolerance. (1) Wherever used in this Act [Secs. 3438, 3440, and 3441], "Solid Fuel" shall mean and include anthracite, semi-anthracite, bituminous or semibituminous coal, lignite coal, briquettes, charcoal, boulets, coke, gas house coke, petroleum coke, petroleum carbon or any other manufactured or patented fuel not sold by liquid or metered measure. "Person" shall mean and include an individual, partnership, association of individuals, corporations, or other form of business enterprise. (2) Solid fuel shall be sold by weight. No person shall sell or deliver or attempt or offer to sell or deliver, or cause to permit to be sold or delivered, any solid fuels less than two thousand pounds by weight to the ton of solid fuel, or a proper proportion thereof, in quantities of less than a ton. (3) It shall be the duty of the Regulator of Weights and Measures for each County to inspect at least once in every three months the scales used by every dealer in solid fuels maintaining a place of business in the County, and to make periodical inspections and tests of the weights of deliveries of solid fuel of each dealer therein delivering solid fuels, to a purchaser or purchasers within the County, provided, however, that the said Regulator of Weights and Measures, in testing a load of or other quantity of solid fuel shall not compel such dealer or the dealer's agent or employee to go an unreasonable distance to a testing scale but shall |