Annotated Laws (1946), Vol. III, Title XV, Ch. 94— Inspection and Sale of Food, Drugs and Various Articles Continued.

dred and fifty to two hundred and sixty-one, inclusive, and may prescribe and enforce such rules and regulations as to the sale of commercial fertilizers as he deems necessary to enforce said sections, and may prosecute or cause to be prosecuted any person violating any provision of said sections. [1873; last amended 1918.]

Sec. 261. Same: Penalty for violations.

Whoever hinders or obstructs the director [director of the Mass. agricultural experiment station], his inspector or deputy, in the discharge of any authority or duty conferred or imposed by any provision of sections two hundred and fifty to two hundred and sixty-one, inclusive, and,

whoever violates any provision of sections two hundred and fifty to two hundred and fifty-four, inclusive, shall be punished by a fine of not less than fifty nor more than two hundred dollars. [1911; last amended 1918.]

Sec. 262. Lime: Inspectors.

The mayor of a city or the selectmen of a town where lime is manufactured, or into which it is imported, may annually appoint one or more inspectors of lime, who shall be sworn to the faithful performance of their duty and shall inspect all lime manufactured in such city or town at the time when a cask is filled at the kiln, and all lime imported or sold in such city or town. [1809]

Sec. 263. Same: Branding of casks.

Each cask of lime so inspected shall be branded with the word "inspected", with the name of the inspector, and with the name of the town where it is manufactured. [1809]

Sec. 265. Same: Standard cask.

No stone lime manufactured within the commonwealth shall be sold or exposed for sale, or shipped on board a vessel in casks, unless it is well burnt and pure, in good and sufficient new casks containing either one hundred and eighty or two hundred and eighty pounds each, made of well seasoned heads and staves, with ten good and sufficient hoops on each cask, well driven and sufficiently secured with nails and pins. [1785; last amended 1920.]

Sec. 266. Same: Penalty for selling in other than standard cask; exception.

Whoever sells, exposes for sale, ships or receives on board a vessel in casks, any lime manufactured in the commonwealth, other than such as is contained in casks made according to the preceding section and marked or branded as provided in section two hundred and sixty-three shall be punished by a fine of one dollar and fifty cents for each cask sold, exposed for sale, shipped or received on board

a vessel; but sections two hundred and sixty-two to two hundred and sixty-eight, inclusive, shall not prevent any person from retailing lime by the bushel or other quantity, when not in casks. [1809]

Sec. 268. Same: Forfeiture and seizure of casks.

A cask of lime which is sold, exposed for sale, or put on board a vessel, contrary to any provision of sections two hundred and sixty-two to two hundred and sixty-eight, inclusive, shall be forfeited, and may be seized and libelled by an inspector of lime. [1793; last amended 1809.]

Sec. 278. Nails and brads: How packed; casks.

Wrought, cut or wire nails and brads of all sizes manufactured in the commonwealth shall be well made, packed free from waste pieces of iron unless they are refuse nails or brads, and free from any fraudulent mixture increasing the weight, in strong and sufficient casks of season timber, well hooped, containing not more than three hundred pounds each. [1799; last amended 1892.]

Sec. 279. Same: Branding of casks.

Each cask of wrought, cut or wire nails or brads shall be marked or branded on the head by the manufacturer, in plain, legible letters in the English language, with his name and the net weight of the contents of the cask. [1799; last amended 1892.] Sec. 280. Same: Forfeiture of cask or package not marked with net weight.

If a cask, package or quantity of wrought, cut or wire nails or brads, manufactured in the commonwealth or elsewhere and not branded or marked as provided in the preceding section, is offered or exposed for sale within the commonwealth or put on board a vessel or vehicle, unless to be carried out of the commonwealth, it shall be forfeited. [1799; last amended 1892.]

shall be di

Sec. 282. Same: Disposition of forfeitures. All forfeitures recovered vided equally between the informer and the commonwealth. [1799; last amended 1892.]

Sec. 283. Slot machines and other automatic devices: Use regulated.

No person shall maintain any slot machines or other automatic device, except gas meters, electric meters and telephones, which, upon the deposit therein of any coin or other article of value, furnishes music or other entertainment, exhibits pictures, provides facilities for weighing, supplies any merchandise or other thing, or renders any service, or is represented to do or perform any of the above mentioned things, unless such machine or device is of a type approved by the director of standards and necessaries of life; but no person maintaining such machine or device with respect to which, or to the operation, service or supplies of which, there is any

element of chance shall be protected or be entitled to immunity from prosecution because of such approval. [1920; last amended 1939.]

Sec. 284. Same: Penalty.

Whoever installs or maintains a machine or device mentioned in the preceding section which is of a type not approved as therein provided shall, if such machine or device fails properly to respond to the insertion or deposit therein of a coin or other article of value, be punished by a fine of not more than twenty-five dollars. [1920]

Sec. 285. Sewing thread: Marking requirements.

Each manufacturer of cotton, linen or silk sewing thread, and each person engaged in putting up such thread on spools, or in packages of four ounces weight or less not wound on spools, shall, before the same is offered for sale, affix to or impress upon each spool of such thread, and upon each package of such thread not wound on spools, a label or stamp plainly and conspicuously designating the quantity of thread which such spool or package contains, either by giving the length in yards or by giving the weight. [1869; last amended 1880.]

Sec. 286. Same: Penalty against manufacturer, etc. for failure to affix label and for falsely labeling.

Each person referred to in the preceding section who neglects to affix a correct label to or to impress a correct stamp upon each spool and package of thread, or who affixes to or impresses upon, or causes or suffers to be affixed to or impressed upon any spool or package of thread intended for sale, a label or stamp specifying that such spool or package contains a greater number of yards or a greater quantity of thread by five per cent than such spool or package does contain, shall forfeit five dollars for each spool or package so without a label or stamp or so falsely labelled or stamped which is sold or delivered to any person to be sold; one half to the use of the commonwealth and one half to the use of the person who sues therefor. [1869; last amended 1878.]

Sec. 287. Same: Penalty against merchant, etc. for false label. A merchant, jobber or trader who sells or offers for sale cotton, linen or silk sewing thread, put up either on spools, or in packages of the weight of four ounces or less not wound on spools, which is not labelled or stamped, or which is falsely labelled or stamped as regards length or quantity by an amount greater than five per cent of the true length or quantity, shall be liable to the penalty provided in the preceding section. [1869; last amended 1880.]

Sec. 288. Same: Certain bobbins exempted.

The three preceding sections shall not apply to ready wound bobbins of thread adapted for use in sewing machine shuttles. [1878]

Sec. 296. Wood and bark: Measurers.

471

A town and the city council of a city shall annually choose one or more measurers of wood and bark, who shall be sworn to the faithful performance of their duties and shall hold office during the year and until others are chosen and qualified in their stead. A town, by vote fixing the number to be chosen, may delegate the appointment of such measurers to the selectmen. [1647; last amended 1796.]

Sec. 297. Same: Measurers may act in adjoining town.

Such measurers may, in the manner prescribed for measurers of lumber in section eight of chapter ninety-six,1 be licensed to act in a town adjoining that for which they are elected or appointed. [1894; last amended 1920.]

1 See page 473.

Sec. 298. Same: Standard measurement for cord wood and kindling wood.

Cord wood sold or offered or exposed for sale shall be four feet in length, including half the kerf. The term "firewood" shall be construed to mean and include wood cut to any lengths of less than four feet and more than eight inches. The standard unit of measure for cord wood or firewood shall be the "cord" of one hundred and twenty-eight cubic feet consisting of or equivalent to a pile, closely stacked, eight feet in length, four feet in width and four feet in height. The term "kindling wood" shall be construed to mean and include all split wood, edgings, clippings or other waste wood averaging eight inches or less in length. Except as provided by sections two hundred and forty-three 1 and two hundred and forty-seven,2 the standard unit of measure for kindling wood shall be the bushel of two thousand one hundred and fifty and forty-two hundredths cubic inches. [1655; last amended 1934.]

1 See page 468.

2 See page 469.

Sec. 299. Same: Certificate of sale; penalty.

Whoever, except as otherwise provided, sells cord wood or firewood, shall cause a certificate or memorandum to be issued and delivered to the purchaser or his agent at the time of delivery of the wood. Such certificate or memorandum shall include the names and addresses of the seller and of the purchaser, and a statement of the quantity of wood delivered, in terms of cords or of cubic feet. Whoever violates any provision of this or the preceding sec tion shall be punished by a fine of not more than fifty dollars. [1758-9; last amended 1934.]

Sec. 300. Same: Fees of measurers.

Measurers of wood and bark shall be entitled to such fees for their services as the aldermen or selectmen shall establish; and the fees shall in each case be paid to the measurer by the driver and shall be repaid by the purchaser. [1647; last amended 1796.]

Annotated Laws (1946), Vol. III, Title XV, Ch. 94Inspection and Sale of Food, Drugs and Various Articles-Continued.

Sec. 301. Same: Measurement of water borne wood.

Cord wood brought by water into a town for sale, and landed, shall be measured by a public measurer; and for that purpose the wood shall be corded and piled by itself in ranges, making up in height what is wanting in length, and, being so measured, a ticket shall be given to the purchaser, who shall pay the stated fees for such service. Towns may establish ordinances and by-laws, with suitable penalties, for the inspection, survey, measurement and sale of wood and bark for fuel brought therein for sale, and may also provide for the appointment of inspectors, surveyors and other officers and establish their fees. [1799; last amended 1830.]

Sec. 302. Same: Tickets showing quantity in load; exceptions. Each wharfinger, carter or driver who conveys firewood or bark from a wharf or landing place shall be furnished by the owner or seller with a ticket certifying the quantity which the load contains and the name of the driver; and if firewood or bark is thus conveyed without such ticket accompanying the same, or if a driver refuses to produce and show such ticket to any sworn measurer on demand, or to give his consent to have the same measured, or if such ticket certifies a greater quantity of wood or bark than the load contains in the opinion of such measurer after measuring the same, the driver and owner shall for each load thereof severally forfeit five dollars. Sections two hundred and ninety-six to three hundred and three, inclusive, shall not apply to a person who transports or carts or causes to be transported or carted from a wharf or landing place to his own dwelling house or store cord wood or bark which he has purchased on a wharf or landing place, or which he has landed thereon upon his own account. [1758-9; last amended 1799.]

Sec. 303. Same: Inspection, survey, measurement and sale of bark, etc.; penalties.

The city council of a city may establish ordinances, with suitable penalties not exceeding five dollars for any one violation thereof, for the regulation of the sale of prepared wood, slabs and edgings for fuel, when sold by the load, and for the inspection, survey, measurement and sale of bark for fuel or manufacturing purposes brought into said city for sale, whether the same is exposed for sale in ranges or upon a vehicle; and said city may provide for the appointment of such surveyors, inspectors and other officers as may be necessary to carry into effect said ordinances and may establish their fees. [1830; last amended 1891.]

Sec. 303F. Fuel oil: Seller to issue certificate as to quantity to purchaser; penalty.

Whoever sells fuel oil in quantities of ten gallons or over for heating or cooking purposes shall cause

a certificate or memorandum to be issued and delivered to the purchaser or his agent at the time of delivery of such oil. Such certificate or memorandum shall include the names and addresses of the seller and of the purchaser, and a statement of the quantity of oil delivered, in terms of gallons and fractions thereof, if any. Whoever violates any provision of this section shall be punished by a fine of not more than fifty dollars. [1935]

Sec. 305. Fraudulent packing; penalties.

Whoever, with intent to defraud or injure, in baling or in packing in any container any commodity sold by weight, including wool, leather, cotton, waste, rags and paper, places therein any substance foreign to the contents thereof shall be punished for the first offence by a fine of not more than one hundred dollars, for the second offence by a fine of not more than two hundred dollars, and for a subsequent offence by a fine of fifty dollars and imprisonment for not less than one nor more than three months. [1919]

Annotated Laws (1946), Vol. III, Title XV, Ch. 95— Measurers of Leather.

Sec. 1. Appointment; oath.

The mayor of a city or the selectmen of a town, upon the request of two or more voters thereof, shall annually appoint one or more measurers of leather who have been certified by the director of standards and necessaries of life as fit persons for such appointment, and who shall be sworn to the faithful performance of their duty. The director of standards and necessaries of life may at any time, for cause, revoke such certificate of fitness, and such revocation shall immediately render such appointment void. [1841; last amended 1939.]

Sec. 2. May act in any city or town.

A measurer of leather for one town may measure leather in any other town. [1866; last amended 1913.]

Sec. 3. Duties.

Each measurer, upon request, shall go to any place within the town for which he is appointed and there ascertain the area of each skin or side or other portions of leather submitted to him. For this purpose, he shall use only such racks, measures or mechanical devices as have been legally tested and sealed, and shall mark or cause each skin or side or other portion of leather to be marked with indelible figures giving the measurement thereof in square feet, including fractions as small as one quarter of a foot. After the area of any skin or side or other portion of leather has been determined as aforesaid, it shall be permissible to add one quarter of a foot to such measurement for any remaining fraction greater than one eighth of a foot; but no such remaining fraction of less than one eighth of a foot shall be added or included in such measurement. [1841; last amended 1913.]

Sec. 4. Penalty for sale of unmeasured leather.

Whoever sells or offers leather for sale by measure shall cause the same to be measured by a sworn measurer unless such leather has previously been measured by a sworn measurer of a town in the commonwealth, or by some person lawfully appointed therefor in any other state, or unless the measurement thereof has been expressly waived in writing. by the buyer and seller thereof. Whoever violates this section shall be punished by a fine of not less than ten nor more than fifty dollars. [1866; last amended 1913.]

Sec. 5. Penalty for altering or counterfeiting measurers' marks.

Whoever counterfeits or causes to be counterfeited, or, not being a sworn measurer, alters or defaces with intent to deceive, a measurer's marks on a skin or side or other portion of leather shall be punished by a fine of twenty-five dollars. [1841; last amended 1913.]

Annotated Laws (1946), Vol. III, Title XV, Ch. 96Measurers of Lumber.

Sec. 7. Appointment; oath.

Towns may annually elect one or more measurers of lumber, who shall be sworn to the faithful performance of their duties, and cities may by ordinance provide for the annual appointment of such measurers. [1710-11; last amended 1920.]

Sec. 8. May be licensed to act in adjoining towns.

A measurer of lumber in any town may apply to the selectmen of an adjoining town for a license to measure lumber therein, and if the selectmen are of the opinion that it will be for the public convenience they may, upon payment of a fee not exceeding one dollar, grant such license, and may limit the territory in which such license may be exercised. Such a license shall remain in force while the licensee holds the office of measurer in the town for which he was chosen, but not later than the next annual town meeting of said town. [1894; last amended 1920.]

Sec. 9. Fraud in measuring; penalty.

A measurer of lumber for any city or town who is guilty of or connives at a fraud or deceit in measuring, marking or numbering the contents of any kind of wood or lumber, or who, when lawfully requested, refuses without good reason to measure lumber, shall be punished by a fine of not less than fifty nor more than two hundred dollars. [1783; last amended 1924.]

Sec. 10. Penalty for inducing measurer to make false meas

urement.

A seller or purchaser of lumber who induces or attempts to induce a measurer to make a false meas

urement shall be punished by a fine of not less than fifty nor more than two hundred dollars. [1878; last amended 1924.]

Sec. 11. Penalty for misrepresentation of authority.

Whoever without authority represents himself to be an official measurer of lumber of any city or town shall be punished by a fine of not less than fifty nor more than two hundred dollars. [1858; last amended 1924.]

Sec. 11A. Standard log rule.

The international log rule, based upon one fourth inch saw kerf, as expressed in the formula (D2X 0.22) -0.71D) X0.904762 for four foot sections (D represents top diameter of log in inches; taper allowance, one half inch per four feet lineal), shall be the standard log rule for determining the board foot content of saw logs in this commonwealth, and all contracts entered into for the purchase and sale of saw logs shall be deemed to be made on the basis of such standard rule, unless some other method of measurement is specifically agreed upon. [1945]

Annotated Laws (1946), Vol. III, Title XV, Ch. 97— Tests of Surveyor's Measures.

Sec. 3. Annual test of surveyors' apparatus by sealers of weights and measures; penalty.

All apparatus for linear measurements used by a land surveyor shall be annually tested and proved by the sealer of weights and measures in the town where such surveyor resides or has his office, and all chains, tapes or other apparatus used for linear measurements which cannot be made to conform to the standard shall be marked "condemned", or "CD", by said sealer, and any surveyor who thereafter uses for measuring land any such apparatus shall be punished by a fine of twenty dollars. [1871]

Sec. 4. Appointment of person other than sealer to make

test.

The mayor and aldermen of a city or the selectmen of a town may appoint a suitable person, other than the sealer of weights and measures, to test, prove and mark the measuring apparatus of land surveyors. [1871]

Sec. 5. Tests to be based on state standards.

The standards used for such tests shall be based upon and correspond to the standards furnished by the commonwealth to sealers of weights and measures. [1871]

Sec. 6. Fees for testing.

The fees for such testing and proof of each article of apparatus shall be twenty-five cents, and shall be paid by the person presenting the apparatus for test. [1871]

Annotated Laws (1946), Vol. III, Title XV, Ch. 101 -Hawkers and Pedlers.

Sec. 13. Hawker and pedler defined.

Except as hereinafter expressly provided, the terms "hawker" and "pedler" as used in this chapter [Secs. 1-33] shall mean and include any person, either principal or agent, who goes from town to town or from place to place in the same town selling or bartering, or carrying for sale or barter or exposing therefor, any goods, wares or merchandise, either on foot, on or from any animal or vehicle. [1713-14; last amended 1920.]

Sec. 14. Unauthorized selling.

A hawker or pedler who sells or barters or carries for sale or barter or exposes therefor any goods, wares or merchandise, except as permitted by this chapter [Secs. 1-33], shall forfeit not more than two hundred dollars, to be equally divided between the commonwealth and the town in which the offence was committed. [1713-14; last amended 1920.]

[ED. NOTE.-In Annotated Laws of Massachusetts, following the foregoing section, it is stated: "The omission of a pedler to comply with Sec. 27 of this chapter renders him liable to the penalty imposed by this section. Com. v. Cusick, 120 Mass. 183."]

Sec. 27. Endorsement of license; production thereof and use of badges, etc.

Every person licensed as a hawker or pedler shall endorse his usual signature upon his license. He shall produce his license for inspection whenever demanded by the director [of standards and necessaries of life] or by a mayor, alderman, selectman, inspector of standards, sealer or deputy sealer of weights and measures, city or town treasurer or clerk, constable, police officer or justice of the peace; and if he fails so to do, he shall be subject to the same penalty as if he had no license. The director shall, at the expense of the licensee, provide a badge for each pedler and plates or tags for each pack, parcel or vehicle used in hawking or peddling. Such badges, plates or tags shall bear the number of the license, the word "pedler," and such other information as the director may deem necessary. Each pedler shall wear his badge in a conspicuous place. Each wagon or other vehicle shall have attached to the front or side thereof, in a place where it may readily and plainly be seen, and each pack or parcel carried by a pedler traveling on foot shall have conspicuously displayed thereon, the plate or tag provided by the director with the license number attached thereto. [1846; last amended 1941.] Sec. 30. Revocation of license.

Any license granted by the director [of standards and necessaries of life] under this chapter [Secs. 133] may be revoked by him upon conviction of the licensee of any crime which in the judgment of

Sec. 91. Sale by weight only; exceptions; penalty.

All food fish except soft-shell clams and oysters sold at wholesale shall be sold by weight and shucked scallops or quahaugs in the shell shall not be sold at any time except by weight. Whoever violates this section shall be punished by a fine of not less than ten nor more than fifty dollars. [1941]

Annotated Laws (1948), Vol. V, Title XXII, Ch. 164 -Sale of Gas and Electricity.

Sec. 103. Gas meters: Inspection and sealing before use.

The department [of public utilities], in accordance with its rules and regulations, shall inspect, examine, ascertain and prove the accuracy of all meters which are to be used for measuring illuminating gas and which are to be furnished to or for the use of, any consumer or company, and shall seal, stamp or mark every such meter, if it be found correct, with some suitable device to be determined by the department and recorded in the office of the state secretary. A meter shall not be stamped correct if it varies more than two per cent from the standard measure. The department shall keep a correct record of all meters examined by its employees with their proof at the time of inspection, which shall be open at all times for examination by the officers of any gas company in the commonwealth. [1861; last amended 1928.]

Sec. 111. Same: Unit of measure.

The unit of measure for the sale of gas by meter shall be the cubic foot, containing sixty-two and two thousand nine hundred and ninety-three ten thousandths pounds avoirdupois weight of air-free distilled water at sixty degrees Fahrenheit when weighed in dry air at the same temperature and at a barometric pressure of thirty inches of mercury. [1861; last amended 1918.]