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use the nearest platform scales that are available and equipped for that purpose.

In all tests or inspections of the weight of solid fuels, a tolerance of two per centum of the weight thereof shall be permitted to allow for variations in scales and conditions not within the control of the dealer, provided, however, that such tolerance shall in no case exceed one hundred and seventyfive pounds for any load of solid fuels. [1929; last amended 1939.] 3441. Sec. 23. Same: Unlawful to sell except by weight; de

livery ticket; exceptions; licensed weighmaster; fees; certificate of origin; place of weighing and reweighing; violations; penalty.

All solid fuels shall be sold by weight and shall be weighed by a licensed Weighmaster appointed by the Regulator of Weights and Measures of the County. No person shall sell or deliver, or cause or permit to be sold or delivered,

any

solid fuels without each such sale or delivery being accompanied by a delivery ticket of a licensed Weighmaster, said delivery ticket to be given to the purchaser or purchaser's representative, or to an agent of the person receiving such solid fuels, and in all cases an exact copy or duplicate of the ticket delivered to the purchaser shall be retained by the person making such sale or delivery. On said delivery ticket there shall be distinctly and indelibly stated the quantity or quantities in pounds of the solid fuel contained in the cart, wagon, truck, or other vehicle or container used in making delivery, the date of weighing, the date of sale, the name and address of the seller, the name and address of the purchaser, together with an impression of the official seal or stamp of the Weighmaster who performed the weighing. The tare and gross weights of the vehicle transporting solid fuel and the net weight of each delivery must be determined by the licensed weighmaster on the same scale, and in no case shall a licensed Weighmaster certify to the net weight of any solid fuel on any weight or delivery ticket, if, between the time of the taking of the tare weight, or weight of the vehicle without the load, and the time of taking of the gross weight or weight of the vehicle with the load, said vehicle shall have left the place or premises where such scale is located. Any Regulator of Weights and Measures of the several Counties, deputies, or other law enforcing officers of the State, or of any County, city, or other incorporated town, who finds any quantity of solid fuel ready for or in the process of delivery, may direct the person in charge of the vehicle carrying said solid fuel to convey the same to an available stationary scale suitable for weighing the vehicle transporting the solid fuel, located in the State of Delaware, and operated by a licensed Weighmaster, for the purpose of weighing and determining the net weight of the solid fuel, in accordance with the provisions of this Section and the next preceding

section. It shall be unlawful for any seller or driver or other person in charge of the vehicle containing such solid fuel, or from which such solid fuel has been unloaded, upon the request and direction of any Regulator of Weights and Measures, or his deputies, or other law enforcing officers of the State, County, city or other incorporated town, to refuse and fail to take the said vehicle and solid fuel to a scale operated by a licensed Weighmaster to permit the said solid fuel and vehicle to be weighed.

The provisions of this section and the next preceding section shall not apply to solid fuel sold for delivery to one destination by the entire railroad car or cargo direct from the vessel or railroad car containing the same and accepted by the purchaser on the original bill of lading, railroad freight bill or invoice, as proof of weight; nor shall the provisions of this section and the next preceding section apply to sales of solid fuel in quantities of fifty pounds or less in paper bags, sacks, or packages; provided, such bags, sacks, or packages in which the solid fuel is sold or delivered are plainly and conspicuously marked with the correct weight of the contents.

The Regulators of Weights and Measures in their respective counties shall have the authority to compel the driver or operator of any vehicle transporting solid fuels to convey the same to an available stationary scale suitable for weighing the said vehicle, located in the State of Delaware, and said scale being operated by a licensed Weighmaster, for the purpose of weighing and determining the tare weight of said vehicle. The Regulator of Weights and Measures shall also have the authority to take any vehicle transporting solid fuels to any suitable scale and he, himself, may operate the said scale and determine the tare weight of any vehicle transporting solid fuels.

(2) The Regulator of Weights and Measures of each County shall appoint as a licensed Weighmaster in and for the County, any person who shall possess the qualifications hereinafter provided and shall make application for such appointment, assigning to each licensee an official number. Any person shall be appointed a Weighmaster who shall be a person of good character, capable of and experienced in the operation of a stationary scale, and shall have been a resident of this State for not less than six months prior to his appointment. Licenses shall be issued to individuals only and not to firms or corporations, but any firm or corporation may have as many of their members or employees licensed as they may desire. The term of appointment of each Weighmaster shall be three years, but any Weighmaster may have his license revoked by the Regulator of Weights and Measures by whom he was appointed, for misconduct in office, dishonesty, incompetency, violation of a proRevised Code 1935, Ch. 82—Weights and Measures

- Continued. vision of this Act, or in case any such Weighmaster shall cease to possess the qualifications specified for his original appointment. For each appointment so made, the Regulator of Weights and Measures shall receive from the licensee a fee of $5.00 for the use of the State. All fees so received shall be paid over to the State not later than the tenth of the month following the month when received. Each Weighmaster shall provide himself at his own expense, with a seal or stamp containing on the outer margin, his name, the name of the County in which he is licensed, followed by the word "Delaware," and shall also contain the word "Weighmaster” and his official number, together with a date indicator to show the date the seal or stamp was used by the Weighmaster on each weight or delivery ticket. No Weighmaster shall delegate his authority to another person.

No Weighmaster shall receive any salary or other compensation from the State for the performance of his duties, but each Weighmaster may charge and retain for the owner of the scale used for weighing, a fee not exceeding twenty-five cents for each weighing performed for any person other than the owner of the scale, said fee to be paid by the dealer, trucker or seller of the solid fuels so weighed. A separate fee may be charged by a Weighmaster for each delivery of solid fuel requiring a separate weight ticket. A licensed Weighmaster shall keep a permanent record of all vehicles weighed by him other than the vehicles owned and operated by the owner of the scale, showing the date, the name and address of the seller, the State registration number of the vehicle, and the tare and gross weight of the delivery, such records to be available at all times during business hours for the inspection of the Regulator of Weights and Measures of the County wherein the scale is located. All persons engaged in the sale and delivery of solid fuel and duly licensed to transact such business in the State of Delaware, equipped with a stationary scale and em

a ploying a licensed Weighmaster, shall

, during business hours, permit the use of such scale for the purpose of weighing vehicles transporting solid fuels, in addition to those vehicles operated in his own business, in order to provide weighing facilities for carrying out the provisions of this section and the next preceding section. Said person shall also furnish, without charge, the necessary space within his yard to unload and reload the solid fuel from and to the vehicle containing such solid fuel to be weighed, provided, however, that he shall not be required to supply any labor in connection with either the unloading or reloading of the solid fuel so weighed. All vehicles used in the transportation of solid fuel shall be conspicuously marked with permanent letters on the exterior of the right and left sides thereof in plain view and

easily discernible, the name and address of the registered owner. The letters shall be at least three inches in height and not less than one-half inch in width.

(3) The word “Certificate of Origin" when used in this section means a signed certificate containing the following:

a. Name and location of, and the name of the owner or operator of the breaker, colliery, or other place of production where the solid fuel to which it refers is produced or if the solid fuel to which it refers comes from a yard, pocket or other place of storage where solid fuel is commingled and stored outside the State other than a colliery, breaker or other place of production, then the name of the owner or operator of the yard, pocket or other place of storage.

b. The kinds, size and weight of the solid fuel.

c. The name and address of the person claiming ownership of said solid fuel.

d. The name and address of the driver of the truck hauling said solid fuel and the State Registration number of the truck.

e. The name and address of the person or persons to whom said solid fuel is to be delivered, or in the event that said solid fuel is not intended for delivery to any particular person or persons, the name and address of the owner and yard to which it is to be taken.

The Certificate shall be filled in and prepared by typewriter, ink, or indelible pencil, and shall be signed in ink or indelible pencil by the person who is operating the truck, and by the person or his duly appointed agent who is the owner of the breaker, colliery, place of production, yard, pocket or other place of storage, as the case may be, where the solid fuel to which the Certificate of Origin refers, is loaded on the truck outside the State of Delaware.

It shall be unlawful for any person to haul, transport, purchase, sell or deliver in the State of Delaware, any solid fuel brought into the State from outside the State by motor truck except in accordance with the provisions of this section. Such solid fuel shall be accompanied at all times until delivered, by a Certificate of Origin and a duplicate original of such Certificate of Origin shall be filed as hereinafter provided.

Every driver of a motor truck or other vehicle bringing solid fuel into the State of Delaware from outside the State, for sale and delivery within the State, shall, upon entering the State, proceed forthwith before delivery of the load of solid fuel, to the nearest available stationary scale, suitable for weighing the tare and gross weight of the vehicle, to the place or places or each delivery, to have the solid fuel weighed by a duly licensed Weighmaster in accordance with the requirements of this Section and the next preceding section, and shall then and there file with said licensed Weighmaster a duplicate original of the required Certificate of Origin. No licensed Weighmaster shall weigh up any such load of solid fuel and sign a weight ticket therefor unless and until a duplicate original of the Certificate of Origin for such solid fuel shall be filed with and retained by the Weighmaster in the form required by this section. Such Weighmaster upon signing or using his official stamp on such weight ticket shall make a notation thereon of the number and the date of the Certificate of Origin, and shall also sign or officially stamp and date the Certificate of Origin accompanying the load of solid fuel. Nothing herein contained shall be construed to require the weighing in the State of Delaware of any load of solid fuel which is merely being transported through the State, but the driver of any truck transporting such load of solid fuel shall, in any event, file a duplicate original of the required Certificate of Origin with a duly licensed Weighmaster at the nearest available scale after entering the State. Where the solid fuel transported by motor truck from outside the State of Delaware is delivered to a coal yard in the State and unloaded for storage, the driver of said motor truck shall forthwith file with the owner of said yard, or his representative, the duplicate original Certificate of Origin required for each delivery made and the said owner or his representative shall forward weekly to the Regulator of Weights and Measures for his respective County the Certificates of Origin covering all receipts of solid fuel delivered to said yard for storage during the preceding week.

The Certificate of Origin as herein provided shall be issued only on forms to be supplied upon application therefor to the Secretary of the State of Delaware. The Certificates shall be serially num. bered and issued in duplicate, consecutively. A nominal charge to cover the cost of supplying such forms may be made by the Secretary of State. Said Certificates shall be non-transferrable and any person who has in his possession, or who files with a licensed Weighmaster, a false Certificate of Origin, shall be deemed guilty of a violation of this Act (Secs. 3438, 3440, and 3441). The Secretary of the State of Delaware shall issue such blank Certificates of Origin to any person who is the owner or operator of a colliery, breaker, place of production, or who is the owner or operator of a yard, pocket or other place of storage outside the State of Delaware upon application therefor, but such person shall show the necessity for the issuance of said Certificate and shall furnish proof to the Secretary of State that all solid fuel produced or stored is not stolen and is legally acquired at its source. The Secretary of State shall monthly send a revised list of all Certificates of Origin issued by him to the Regulator of Weights and Measures of each County, who shall, in turn, send similar lists to all licensed

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Weighmasters appointed by him. All licensed Weighmasters shall keep a written record of all Certificates of Origin received by him at the time of weighing any solid fuel brought into the State. Said Weighmasters shall weekly forward to the Regulator of Weights and Measures of his respective County the Certificates of Origin filed with him for the weighing of solid fuel during the preceding week. The Regulator of Weights and Measures of each County shall retain for his official record said Certificates of Origin. Any person directly interested in the sale, distribution, hauling or transportation of solid fuel in the State of Delaware, and any association composed of persons who are so interested, shall be entitled to sue for and to have injunctive relief in any Court of the State of Delaware having jurisdiction over the parties against actual or threatened violations of this section or the next preceding section. The Regulator of Weights and Measures shall have power to adopt regulations, not inconsistent with this Chapter [Secs. 3419. Sec. 1—3443. Sec. 25), to make effective the provisions of this section and the next preceding section of this Chapter

For the purpose of carrying out the provisions of this section and the next preceding section pertaining to the sale of solid fuels, the Regulator of Weights and Measures of the several Counties may appoint a deputy or deputies, who shall have full power and authority to perform the duties of his office in so far as those duties pertain to the sale of solid fuels and the enforcement of the provisions set forth in this section and the next preceding section pertaining thereto. The appointment of a deputy shall be recorded in the office of the Recorder of Deeds in and for the county in which the Regulator of Weights and Measures and the deputy are appointed. Said deputy 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. Any deputy appointed under this section shall not receive compensation from the State of Delaware for his services in this capacity. All such deputies shall be under the control of the Regulator of Weights and Measures by whom appointed, which Regulator shall have the right to revoke the appointment at any time without cause.

Any person, firm, or corporation who shall violate any provisions of this and the next preceding section shall forfeit and pay a fine of not less than Fifty Dollars nor more than One Hundred Dollars, or be imprisoned for a term not exceeding thirty days, or both, in the discretion of the Court, for the first offense, and forfeit and pay a fine of not Revised Code 1935, Ch. 82—Weights and Measures

-Continued. less than One Hundred Dollars nor more than Two Hundred and Fifty Dollars, or be imprisoned for a term not exceeding three months, or both, in the discretion of the Court, for each subsequent offense.

No provision of this section shall apply or be construed to apply to foreign or interstate commerce except in so far as the same may be effective pursuant to the United States Constitution and to the laws of the United States enacted pursuant thereto. [1933; last amended 1945.] 3442. Sec. 24. Oysters in shell, measure for.

The measure for oysters sold in the shell by the bushel, shall be as provided in Section 165 [2966] of Chapter 74.1 (1915]

1 See next following section. Revised Code 1935, Ch. 74, Art. 3—Measure for

Oysters Sold in Shell. 2966. Sec. 165. Measure; violations; penalty.

All oysters sold in the shell by the bushel measure in this State, shall be measured in a circular bushel tub with straight sides and straight solid bottom, and said tub shall have the following dimensions, viz: fifteen inches in diameter across the top from inside to inside, and thirteen inches and three-quarters across the bottom from inside to inside, and twenty inches diagonal from inside chime to top. Any person or persons engaged in buying or selling oysters in this State and measuring the same in any measure contrary to the provisions of this Section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined ten dollars and costs. The person or persons upon failure to pay said fine shall be imprisoned for a term of not less than twenty days nor more than thirty days in the County Jail. The proceeds to go one-half to the informer and one-half to be paid over to the Collector of Oyster Revenue, for the use of the State. Any Justice of the Peace in any County of this State shall have jurisdiction to hear and determine all violations of this section with the power to enforce its provisions. [1899] Revised Code 1935, Ch. 113—Custody of Duplicate

Standards of Weights and Measures by Prothon

ataries. 4304. Sec. 19. Custody of duplicate standards of weights and measures by prothonotaries.

The Prothonotary shall preserve and keep in good order the duplicate standards of weights and measures deposited in his office; but he shall allow the regulator of weights and measures of his County free access to, and use of, the said duplicates, and the occasional custody of them, as may be required for the discharge of his duties. [1852]

Laws 1941, Vol. 43, Ch. 204—Deputy Regulators of

Weights and Measures. Sec. 1. Appointment.

The Governor of the State of Delaware shall ap point not more than five persons resident in New Castle County, not more than five persons resident in Kent County, and not more than fifteen persons resident in Sussex County, who shall be known as Deputy Regulators of Weights and Measures, and who shall serve for the same terms as the Regulator of Weights and Measures of the respective counties in which they are appointed. (1941] Sec. 2. Oath of office.

All persons appointed under the provisions of Section 1 hereof shall be of good moral character and shall before entering upon the execution of their respective duties subscribe to the same oath or affirmation as is required of the Regulator of Weights and Measures in the respective counties. [1941] Sec. 3. Duties.

The persons so appointed as Deputies shall be under the control and direction of the Regulator of Weights and Measures of the respective counties of which the Deputies are resident.

Whenever any person, firm or corporation having any poultry, produce or other farm products to be weighed and certified, such person, firm or corporation may make application upon the Regulator of Weights and Measures for the county where such commodity to be weighed is located for the assignment of a Deputy to weigh the same, and thereupon the Regulator of Weights and Measures to whom such application shall be made shall designate one or more Deputies under his supervision and direction to proceed accurately and honestly to weigh the commodities whose weight it is desired to be determined or certified, keep accurate account of the said weighing so that accurate totals may be turned over to the person, firm or corporation applying for the services of said Regulator of Weights and Measures, and the totals shall be certified to and signed by the Deputy or Deputies who shall have weighed such articles or commodities. [1941] Sec. 4. Fees for services.

For the services rendered, the applicant making the request for such weighing shall pay the sum of two and one-half cents per coop for Poultry; and two and one-half cents per one hundred pounds gross weight for all other articles or commodities, but in no case shall any Deputy receive less than Five Dollars for his services for each place visited. The fees herein provided for shall be for the sole use of the Deputy or Deputies who shall weigh and certify their findings upon the request of the applicant. [1941]

Sec. 5. Standards to be provided.

The Levy Courts of the respective counties shall furnish to the Regulator of Weights and Measures in and for the respective counties such standard weights and supplies as shall be necessary to furnish an accurate check upon the scales used in any weighing operation carried on hereunder. [1941) Revised Code 1935, Ch. 83—Sale and Inspection of

Bread Stuffs.

or in half barrels twenty-two inches long, twelve and one-half inches diameter, and to contain ninetyeight pounds, under the same penalty herein provided for flour; except that wheat flour, or kilndried Indian corn meal, may be exported in sacks, or packages, if inspected and passed, and the same fees paid for inspection as in proportion for barrels. [1852] 3446. Sec. 3. Breadstuffs: Marking requirements; penalty.

Each miller shall brand, or mark, with his own name, or some name by which it may be distinguished as his, every cask, or hogshead, or breadstuffs manufactured' by him for exportation, and mark the kind and quality, and weight, tare and net, under penalty of twenty cents for each cask, or hogshead, not branded, to anyone who will sue for the same; and if any person shall mark a false weight, or wrong tare, to the disadvantage of the purchaser, he shall forfeit and pay to the inspector one dollar for each cask, or hogshead, so falsely branded. 1852

3444. Sec. 1. Bushel weights of wheat, Indian corn and Indian meal.

When wheat or Indian corn is sold by the bushel, and there is no special agreement as to the measurement or weight thereof, the bushel shall consist of sixty pounds of wheat, fifty-six pounds of shelled corn and sixty-eight pounds of corn on the cob, provided, however, that if corn on the cob is sold prior to December 15th next after it has matured, the bushel shall consist of seventy-two pounds. Whenever Indian corn meal shall be sold by the bushel, and no special agreement as to the measurement or weight thereof shall be made by the parties, the bushel, if sifted, shall consist of fortyfour pounds, and if unsifted the bushel shall consist of forty-eight pounds. [1866; last amended 1945.]

3445. Sec. 2. Containers for exportation of breadstuffs, flour, and meal: Sizes; exceptions; penalty.

All casks for the exportation of breadstuffs shall be made of good seasoned materials, well hooped and nailed, and shall be of the following sizes, viz: No. 1, 27 inches long, 161/2 inches diameter at the head, and to contain 196 pounds; No. 2, 223/4 inches long, 121/2 inches diameter, and to contain 98 pounds; and if any person shall export from New Castle County to any foreign port, or place, beyond the United States, or shall sell for such exportation, any wheat flour, rye flour, or middlings of wheat, packed in casks made of unseasoned materials, or of other dimensions, or of less weight per cask, than these respectively, he shall forfeit and pay to the flour inspector forty cents per cask, and shall have remedy over for damages against the miller, or cooper, who furnished the same.

Indian corn meal, made from corn sufficiently kiln-dried, shall be packed for exportation from New Castle County, or from Middleford, or Seaford, in Sussex County, to any foreign port, or any port in the United States where there are no inspection laws, in strong tight hogsheads, made of good seasoned white, or red oak, well hooped and secured, the staves forty-one inches long, twentyseven inches diameter at the head, and to contain eight hundred pounds net, or in casks twenty-six inches long, sixteen and one-half inches diameter, and to contain one hundred and ninety-six pounds,

3448. Sec. 5. Flour and Meal: Marking requirements; penalty.

Each and every bag, package, parcel or box of flour or grain meal of any kind, exposed or offered for sale to consumers in this State, shall have marked or printed prominently, distinctly and conspicuously thereon the correct and exact weight in avoirdupois of the flour or other grain meal contained in such bag, package, parcel or box.

It shall be unlawful for any person or persons, firm or firms, corporation or corporations to offer or expose for sale, any bag, package, parcel or box of flour or any kind of grain mea unless the same has printed or marked thereon as aforesaid the exact and correct weight as aforesaid. Every person or firm or firms violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall forfeit and pay a fine of twenty-five dollars, besides the costs of suit.

If any person or persons, firm or firms, corporation or corporations shall print or mark the weight of flour or other grain meal on any such bag, package, parcel or box as aforesaid falsely or incorrectly, or in any way to deceive the public, such person or persons, firm or firms, corporation or corporations, shall upon conviction thereof, forfeit and pay a fine of twenty-five dollars besides the costs of suit. [1899] 3449. Sec. 6. Enforcement officers.

The Governor shall appoint a flour inspector, who shall reside in the City of Wilmington, and another who shall reside in or near Middleford, or Seaford, who shall appoint the necessary deputies. Each inspector, or deputy, shall be duly sworn, or affirmed, and shall hold his office for four years. [1852)

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