Massachusetts.

Acts and resolves passed by the General Court of Massachusetts, Volume 2 online

. (page 44 of 102)
Online LibraryMassachusettsActs and resolves passed by the General Court of Massachusetts, Volume 2 → online text (page 44 of 102)
Font size
QR-code for this ebook


a set of liquid measures consisting of one gallon, one half-
gallon, one quart, one pint, one half-pint and one gill; one
balance; one yard measure; and each city and each shire
town shall keep the meter and kilogram and such standard
troy weights as the commissioner of standards may desig-
nate.

Section 244. Said chapter sixty-two is hereby further r.l.(b.§2i.
amended by striking out section twenty-one and substitutmg "°^
the following : — Section 21 . Sealers of weights and measures Annual notice
shall annuaJly give public notice, by advertisement or by ^ ^^i^d^n
posting notices in one or more public places in their respective "W?*"*^
cities, towns and districts, to all inhabitants or persons
having usual places of business therein who use weights.



Digitized by



Google



346



General Acts, 1918. — Chap. 257.



R.L. 83.12
etcamencb



Sealentoffoto
house or store
to seal, when.



Penalty.



R.L. (
amend



.128.



Sealers to
test hay, etc..



annually.



R. L. 62. S 28,
amended.

Sealer to have
duplicate sets
of weights, etc.



measures, balances or other weighing or measuring devices
for the purpose of buying or selling goods, wares, merchandise
or other commodities or for public weighing, to bring in
within thirty days their weights, measures, balances and
other weighing or measuring devices to be tested, adjusted
and sealed. Such sealers shall attend in one or more con-
venient places, and shall adjust, seal or condenm in accord-
ance wiA the results of their tests, all weights, measures,
balances and other weighing or measuring devices so brought
in, and shall record the same.

Section 245. Said chapter sixty-two is hereby further
amended by striking out section twenty-two, as amended by
section one of chapter two hundred and nine of the acts of
nineteen hundred and ten, and substituting the following: —
Section 22. After the expiration of the time set forth in
said notice, said sealers shall go to the houses, stores, shops
and vehicles of persons who neglect to comply therewith,
and shall test and adjust, seal or condemn in accordance
with the results of their tests, the weights, measures, balances
and other weighing or measuring devices of such persons.
Any person who shall neglect or refuse to exhibit his weights,
measures, balances or other weighing or measuring devices
used for the purpose of weighing or measuring, to a sealer
or deputy sealer, or whoever hinders, obstructs or in any
way interferes with the sealer or deputy sealer in the per-
formance of his duty, shall be punished by a fine of not more
than fifty dollars.

Section 246. Section twenty-three of said chapter sixty-
two is hereby amended by strilang out the words "platform
balance" in the second and thuxl lines and substituting the
words "other weighing or measuring device", and by insert^
ing after the word "seal" in the fifth line the words "or
condemn", and by adding after the word "same" in the
fifth line the words "in accordance with the result of such
test", — so as to read as follows: — Section 23. Said sealers
shall go once a year, and oftener if necessary, to every hay
and coal scale and to every other weighing or measuring
device within their respective cities and towns which cannot
be easily or conveniently removed, and shall test the accuracy
of, adjust and seal or condemn the same in accordance with
the result of such test.

Section 247. Said chapter sixty-two is hereby further
amended by striking out section twenty-eight and substitut-
ing the following: — Section 28. A sealer or his deputy,
when visiting the place of business of any person for the



Digitized by



Google



General Acts, 1918. — Chap. 257. 347

purpose of testing any weights, measures, balances, or other
weighing or measurmg devices may use for that purpose
suitable weights, measures or balances; and each city, town
and district 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 provided by the
commonweidth; and all weights, measures, balances and
other weighing or measimng devices so sealed shall be
deemed to be legally sealed, as if they were tested and sealed
with the standard weights, measures and balances.

Section 248. Section twenty-nine of said chapter sixty- itL.^«20,
two is hereby amended by striking out the word "or" in the *™^
second Ime, and by adding after the word "balances" in
said line the words "or other weighing or measuring de-
vices", — so as to read as follows: — Section 29. A sealer Soaieremay
or deputy sealer of weights and measures may seize without S^d^noe.
a warrant such weights, measures, balances or other weighing
or measuring devices as may be necessary to be used as
evidence in cases of violation of the law relative to the
sealing of weights and measures; and they shall be returned
to the owners or forfeited as the court may direct.

Section 249. Section tUrty-two of said chapter sbrty- r. l. «2. i a^
two, as amended by section two of chapter two hundred and *^*' *™®"
nine of the acts of mneteen hundred and ten, is hereby
further amended by inserting in the second and fourth lines,
after the word "balances", in each instance, the words
*'and other weighing or measuring devices", and by insert-
ing after the word "stamped", in the third line, the words
** marked or labeled", — so as to read as follows: — Section wei*^ tobe
32. All weights, measures and balances and other weighing d^ned".et?.'.
or measuring devices which cannot be made to conform to ^^^'
the standard shall be stamped, marked or labeled "Con-
demned " or " CD " by the sealer. All weights, measiures and
balances and other weighing or measuring devices in the
possession of a merchant or vendor that are not used for the
purpose of buying or selling, or for the purpose of weighing
and measuring for hire or reward shall be plainly marked
by the sealer with a notice stating that such articles have not
been sealed in accordance with the provisions of this chapter.
Whoever removes said notice without the consent of the Penalty.
person affixing the same shall be punished by a fine of not
more than fifty dollars.

Section 250. Section thirty-three of said chapter sixty- R. l. «2.^ijWj
two, as amended by chapter two hundred and fifteen of the ' *™*'*
acts of nineteen hundred and six, and chapter three hundred



Digitized by



Google



348



General Acts, 1918. — Chap. 257.



Penalty for
unnsfalae
weifntsand



1907.534.16,
amended.



Sealers of
weights and
measures to

report.



1014. 452. 1 1,
amended.



Appointment
of sealers and
deputy sealers
of we^hts and
measures in
cities and cer-
tain towns.



and seventy-nine of the acts of nineteen hundred and four-
teen, is hereby further amended by inserting in the third
and seventh lines, after the word "beam", in each instance,
the words "or other weighing or measuring device", — so as
to read as follows: — Section 83. Whoever uses, or has in
his possession with intent to use, a false or condemned
weight, measure, scale, balance or beam or other weighing
or measuring device for weighing or measuring any com-
modity bought, sold or exchanged, or for hire or reward,
may for each offence be fined not more than fifty dollars.
The possession of such weight, measure, scale, balance or
beam or other weighing or measming device shall be prima
facie evidence that the same was intended to be used in
violation of law.

Section 251. Chapter five himdred and thirty-four of
the acts of nineteen hundred and seven is hereby amended
by striking out section five and substituting the following:
— ^Section 5. Every sealer of weights and measiwes shall
annually, between the first and tenth days of December,
make a report to the commissioner of standards of the
weighing and measuring devices tested, sealed or condenmed
by him, together with an inventory of the standards and
working apparatus in the possession of his city, town or
district, and such other iniFormation as the commissioner
may require.

Section 252. Chapter four hundred and fifty-two of the
acts of nineteen hundred and fourteen is hereby amended by
striking out section one and substituting the following: —
Section 1. The mayor and aldermen of cities and the select-
men of towns having over ten thousand inhabitants shall
appoint a sealer of weights and measures, and may appoint
one or more deputy sealers to act under the direction of the
sealer. Said sealer and deputies shall hold office during
good behavior and shall enforce all laws pertaining to weights
and measures. If the governing body of a city does not
include a mayor and aldermen, the appointing power shall
be vested in the officer who by the charter or ordinances of
such city is designated to have supervision of the depart-
ment of the sealer of weights and measures. Such sealers
and deputy sealers shall receive a salary to be determined
by the board, officer or body authorized to determine salaries
in their respective cities and towns, and shall also receive
an additional allowance for transportation and other neces-
sary expenses. They shall accoimt for and pay into their



Digitized by



Google



General Acts, 1918. — Chap. 257. 3^9

city or town treasuries monthly all fees received by them
and shall make an annual report to the appointing board or
officer and to the conmiissioner of standanis of the common-
wealth. The provisions of this section shall be subject to
those of chapter three hundred and eighty-two of the acts
of nineteen hundred and nine.

Section 253. Section two of said chapter foiu* hundred JJitndS.'^'
and fifty-two is hereby amended by striking out said section
and substituting the following: — Section 2. The selectmen seaiereof
of towns of less than ten thousand inhabitants shall annually S^^i^^^be
appomt a sealer of weights and measures, and may appoint SSffiy ^tS™
one or more deputy sealers to act under the direction of the iJ.ow.*'**"
sealer. The sealer and deputy sealers shall enforce all laws
pertaining to weights and measures, and shall receive such
compensation as may be determined upon by the selectmen,
and an additional allowance for transportation and other
necessary expenses; and they may at any time remove such
sealers and appoint others in their places. Sealers appointed
under the provisions of this section shall account for and
pay into the town treasuries monthly all fees received by
them and shall make an annual report to the selectmen of
the town and to the commissioner of standards of the com-
monwealth.

Auctioneers. [Revised Laws, Chapter 64.]

Section 254. Section eleven of chapter sixty-four of the Repeal.
Revised Laws is hereby repealed.

Section 255. • Said chapter sixty-four is hereby amended 2ijUon*tdded
by adding at the end the following new section: — Section AucUoneer's
16, The mayor and aldermen of a city or selectmen of a uSJH^' "^'****"
town may for such cause as they deem satisfactory, and
without a hearing, revoke or suspend any auctioneer's
license granted by them.

Transient Vendors, Hawkers and Pedlers. [Revised
Laws, Chapter 65.1

Transient Vendors.

Section 256. Chapter sixty-five of the Revised Laws R. l. «.
and all acts in amendment thereof and in addition thereto *™«^^
are hereby amended by striking out the words "itinerant
vendor" wherever they occur and substituting the words
"transient vendor".



Digitized by



Google



350



General Acts, 1918. — Chap. 257.



R. L. 65, 1 1.
Dded.



"Tranaieiit

vendor"

defined.



R. L. 66,

MSandO,

amended.

Local licenee,
and fee, bow
fixed.



Section 257. Chapter sixty-five of the Revised Laws is
hereby amended by striking out section one and substituting
the following: — Section 1, The term "transient vendor"
for the purposes of this chapter shall mean and include any
person, either principal or agent, who engages in a tempo-
rary or transient business in this commonwealth, either in
one locality or in traveling from place to place selUng goods,
wares or merchandise, and who, for the purpose of carrying
on such business, hires, leases or occupies a tent, booth,
building or structiwe other than a vehicle, for the e3diibition
and sale of such goods, wares or merchandise.

Section 258. Said chapter sixty-five is hereby further
amended by striking out sections five and sbc and substi-
tuting the following section: — Section 5. Every transient
vendor, before making any sales of goods, wares or merchan-
dise in a city or town, shall make application to the mayor
and aldermen or selectmen or other board authorized to
issue such licenses and, unless the fee therefor is fixed as
hereinafter provided, shall file with them a true statement,
under oath, of the average quantity and value of the stock
of goods, wares and merchandise kept or intended to be
kept or exposed by him for sale. Said board shall submit
such statement to the assessors of the city or town, who,
after such examination and inquiry as they deem necessary,
shall determine such average quantity and value, and shall
forthwith transmit a certificate thereof to said board. There-
upon the board shall authorize the city or town clerk, upon
the payment by the applicant of a fee equal to the taxes
assessable in said city or town under the last preceding tax
levy therein upon an. amount of property of the same valua-
tion, to issue to him a license authorizing the sale of such
goods, wares and merchandise within the city or town. They
may, however, authorize the issue of such license without
the filing of said statement as aforesaid, upon the payment
of a license fee fixed by them. Upon payment of such fee,
said city or town clerk shall thereupon issue such license,
which diall remain in force so long as the licensee shall
continuously keep and expose for sale in such city or town
such sto«k of goods, wares or merchandise, but not later than
the firet day of April following its date. Upon such pay-
ment and proof of the payment of all other license fees, if
any, chargeable upon local sales, such city or town derk
shall record the state license of such vendor in full, shall
endorse thereon "local license fees paid" and shall afc



Digitized by



Google



General Acts, 1918. — Chap. 257. 351

thereto his oiBeial signature and the date of such endorse-
ment.

Section 259. Said chapter sixty-five is hereby further R. l. m. § u.
amended by striking out section eleven, as amended by ••*™*'*
section four of chapter one hundred and twenty of the
Greneral Acts of nineteen hundred and sixteen, and by
section three of chapter two hundred and thirty-seven of the
Greneral Acts of nineteen himdred and seventeen, and substi-
tuting the following: — Section 11. Upon the expiration and S!?Sd^° ""^
return, or surrender before expiration, of each state license, '***^ ^**°*®-
the commissioner of standards shall cancel the same, endorse
the date of return or surrender thereon, and place the same
on file. If a license is lost he may accept in lieu of the return
or surrender thereof an affidavit to that effect, which shall
be endorsed and filed like a cancelled license. He shall hold SeSd deposit,
the special deposit of the licensee for sixty days after the ****•
return or surrender of the license or the filing of such affidavit
and, after satisfying all claims made upon the same under
the provisions of the following section and acts in amend-
ment thereof and in addition thereto, shall return the surplus,
if any, to said licensee; or if said licensee has given a bond
in lieu of said deposit, the conunissioner shall, after said
sixty days and after all claims made under the following
section and acts in amendment thereof and in addition
thereto have been satisfied or settled, cancel said bond and
notify said licensee and the surety or sureties on said bond.

Hawkers and Pedlers.

Section 260. Said chapter sixty-five is hereby further R. l. m. j ^
amended by striking out section thirteen, as amended by *'*"*°
section one of chapter two himdred and forty-two of the
General Acts of nineteen hundred and sixteen, and substi-
tuting the following two sections: — Section 13. Except as *'^*:7^Jlj«
hereinafter expressly provided, the terms "hawker" and dSfineST^*^ '
"pedler" as used in this chapter 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
a horse or other animal, or in or from a wagon or other
vehicle. Hawkers and pedlers selling or bartering, or carry- Penalty.
ing for sale or barter or exposing therefor any goods, wares or
merchandise, except as permitted by this chapter, shall



Digitized by



Google



352



General Acts, 1918. — Chap. 257.



Law not to
apply to
jobben and
othere.



R. L. «. i 16,
etc., amended.



Sale of oertain
article! without



ProTiao*

Citieeand
townamay
makeiegul*-
tions.



Provlao.



Flah and farm
produota.



forfeit not more than two hundred dollars for each offence,
to be equally divided between the commonwealth and the
city or town in which the offence is conmiitted.

Section 13a. The provisions of this chapter relating to
hawkers and pedlers shall not apply to wholesalers or jobbers
having a permanent place of business in this conmionwealth
and selling to dealers only, nor to commercial agents or other
persons selling by sample, lists, catalogues or otherwise for
future delivery, nor to any person who peddles only fish
obtained by his own labor or that of his family, fruits, vege-
tables or other farm products raised or produced by himself
or his family, nor to persons or organizations selling certain
articles for diaritable purposes under chapter one hundred
and eighty-eight of the General Acts of nineteen hundred
and sixteen.

Section 261. Said chapter sixty-five is hereby further
amended by striking out section fifteen, as amended by
chapters tliee hundred and seventy-seven of the acts of
nineteen hundred and five, three himdred and forty-five of
the acts of nineteen hundred and six, and forty-eight of the
General Acts of nineteen hundred and sixteen, also by
section three of chapter two hundred and forty-two of the
General Acts of said year, and substituting the following: —
Section 15. Hawkers and pedlers may sell without a license
books, newspapers, pamphlets, fuel, provisions, yeast, ice,
live animals, brooms, agricultural implements, hand toob
used in making boots and shoes, gas or electric fixtures and
appliances, flowering plants, all flowers, fruits, nuts and
berries that are uncultivated, fish obtained by their own
labor or that of their families, and also fruit, agricultural and
other products raised or produced by them or their families;
provided, that such sales are not made in violation of any
city or town ordinance or by-law. Cities and towns may by
ordinance or by-law, not inconsistent with the provisions of
this chapter, regulate the sale or barter, and the carrying for
sale or barter or exposing therefor, by hawkers and pedlers,
of said articles without the payment of any fee; may in like
manner require hawkers and pedlers of fish, fruit and v^e-
tables to be licensed, provided, that the license fee does not
exceed that prescribed by section nineteen of this chapter,
and acts in amendment tiiereof and in addition thereto, for
a license embracing the same territorial limits; and also
may in like manner afl^ penalties for the violation of such
regulations, ordinances and by-laws. A hawker and pedler



Digitized by



Google



General Acts, 1918. — Chap. 257. 353

of fish, fruit and vegetables, licensed under this section, need
not be licensed under said section nineteen, and amend-
ments.

Section 262, Said chapter sixty-five is hereby further r. l. m. i le.
amended by striking out section sixteen and substituting the *°*®°
following: — Section 16. Articles other than those the sale ^®JJ^
of which is licensed, or permitted without a license, under the '^
preceding section, and not prohibited by section fourteen,
shall not be sold by hawkers or pedlers unless duly licensed
as hereinafter provided.

Section 263. Said chapter sixty-five is hereby further r. l. m. 51^
amended by striking out section seventeen, as amended by * " *°**°
chapters five hundred and thirty-one of the acts of nineteen
hundred and two, one hundred and fifty-one of the acts of
nineteen himdred and six, and foiu* hundred and nineteen of
the acts of nineteen hundred and ten, also by section four
of chapter two hundred and forty-two of the General Acts
of nineteen himdred and sixteen, and substituting the fol-
lowing: — Section 17. The mayor and aldermen or select- RegiUtionof
men may make regulations consistent with the general laws minoc/eto.
relative to the exercise of the trade of boot-blacking by
minors, and to the sale or barter by minors of any goods,
wares or merchandise the sale of which is permitted by sec-
tion fifteen, and acts in amendment thereof and in addition
thereto, and may prohibit such sales or such trade, or may
require a minor to obtain from them a permit therefor to be
issued on terms and conditions prescribed in such regula-
tions; provided, that in the case of girls imder the age of p^^^-
eighteen years and of boys under the age of sixteen years in
cities the foregoing powers shall be vested in and exercised
by the school committee. No permit issued to a minor under
this section, nor badge issued to a minor under sections
eleven to fifteen, inclusive, of chapter eight hundred and
thirty-one of the acts of nineteen hundred and thirteen, shall
authorize the sale by a minor of any article, other than those
enumerated in section fifteen of this chapter, and acts in
amendment thereof and in addition thereto. A minor who Fteuaues.
sells such article or exercises such trade without a permit, if
one is required, or who violates the conditions of his permit
or any provision of said regulations shall be punished by a
fine of not more than ten dollars for each oflPence. Any
person who, having a minor under his control, knowingly
permits him to violate any provision of this section, any
person who procures or employs a minor to commit any



Digitized by



Google



354



General Acts, 1918. — Chap. 257.



R. L. ft5. { 18.
etc., amended.



ing minor m
peddling, etc



such violation, and any person who, either for himself or as
agent of any other person or of any corporation furnishes or
sells to a minor any of the articles aforesaid with knowledge
that he intends to sell them in violation of this section, or
after having received written notice to that effect from the
school committee or any officer charged with the enforce-
ment of the provisions of this section, shall be punished by a
fine of not more than two hundred dollars or by imprison-
ment for not more than six months.

Section 264. Said chapter sixty-five is hereby further
amended by striking out section eighteen, as amended by
section five of chapter two hundred and forty-two of the
General Acts of nineteen hundred and sixteen, and substi-
SmSfn^W- toting the following: — Section 18. Any person who employs

. ^ minor in, or who, having the care or custody of a minor,

permits him to engage in hawking or peddling without a
permit or license, if one is required, and any person who,
either for himself or as agent of any other person or of any
corporation, furnishes or sells to such minor any articles
with knowledge that such minor intends to sell such articles
in violation of the provisions of this chapter, relative to
hawkers and pedlers, shall be pimished by a fine of not more
than two hundred dollars, to be equally divided between
the commonwealth and the city or town in which the offence
is committed, or by imprisonment for not more than six
months.

Section 265. Said chapter sixty-five, as amended by
section one of chapter two hundred and four of the acts of
nineteen hundred and five, section one of chapter five hun-
dred and seventy-one of the acts of nineteen hundred and
seven, chapter one hundred and ninety-two of the acts of
nineteen hundred and twelve, section one of chapter two
hundred and fifty-three of the General Acts of nineteen
hundred and fifteen, and section six of chapter two hundred
and forty-two of the (Jeneral Acts of nineteen hundred and



Online LibraryMassachusettsActs and resolves passed by the General Court of Massachusetts, Volume 2 → online text (page 44 of 102)