Penalty. When to take effect. Sale of coke and charcoal. 1901, 423, § 1. Substitute. 1908, 205, § 1. Sale of coke Baskets and 1908, 205, 1909, 424, § 1. SECTION 4. Any corporation which violates any provision of this act shall be punished by a fine of not more than ten thousand dollars, and any officer, director or agent of a corporation violating any provision of this act, who authorized such violation, or any person who violates, or in any way knowingly aids or abets the violation of, any provision of this act, shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than one year. SECTION 5. This act shall take effect on the first day of Revised Laws, Chapter 57, §§ 86 to 93 inclusive. [Approved [SECTION 86. Coke in quantities of less than one hundred pounds, and charcoal in any quantities, shall be sold only by baskets or in bags, and when sold by baskets shall be kept, until delivered, in the same baskets in which the goods are measured. Coke sold in quantities of one hundred pounds or more shall be sold only by baskets or by weight.] Section 86. Coke in quantities of less than one hundred pounds, and charcoal in any quantities, shall be sold by weight or by measure, and shall be kept until delivered in the same bags or baskets in which the goods are weighed or measured, and coke and charcoal thus sold shall be exempt from the provisions of section eighty-eight of this chapter. When sold by weight, such bags or baskets shall be plainly marked with the name of the person who puts up the same and the weight of the coke or charcoal therein, the words so marked being in solid Roman capital letters, at least one inch in height. Coke sold in quantities of one hundred pounds or more shall be sold only by weight. They SECTION 87. Baskets used in selling coke or charcoal by measure shall be of the capacity of two bushels, of one bushel, or of one half bushel, Massachusetts standard dry measure. shall be sealed, and their capacity plainly marked thereon by a sealer of weights and measures of the city or town in which the person using them resides or does business, and shall be filled level full. Bags of coke or charcoal, or unpacked kindling wood not exceeding six inches in length sold or offered for sale by measure shall contain, and shall be sold as containing, one half bushel, dry measure, standard aforesaid, of said goods, and shall be plainly marked with the name of the person who puts up the same, and the words in capital letters, each at least one inch in height, "ONE HALF BUSHEL," - and kindling wood may be sold in bundles not less than twenty-seven inches in circumference: provided, that the wood shall be cut not less than two and one quarter inches long. per certificate. Weighing and 1901, 423, Amended. § 3. 1902, 453, 1910, 219, 1908, 304. SECTION 88. Whoever sells coke, charcoal or coal by weight shall without cost to the purchaser cause the goods to be weighed by a sworn weigher of the city or town in which they are [sold] weighed and shall cause a certificate stating the name and place of business of the seller, and either the identifying number, of which a permanent record shall be kept, or, the name of the § 1. son taking charge of the goods after the weighing, as given to the weigher on his request, the tare weight and the quantity of the goods, to be signed by the weigher. Such certificate shall be given to said person and shall by him be given only to the owner of the goods or his agent when he unloads the same; and every such person, owner or agent shall, on request and without charge, therefor, permit any sealer of weights and measures of any city or town to examine the certificate and to make a copy thereof. SECTION 89. A sealer of weights and measures of a city or town in which any quantity of coke, charcoal, or coal for delivery is found may, in his discretion, direct the person in charge of the goods to convey the same without delay or charge to scales designated by such sealer, who shall there determine the quantity of the goods, and, if they are not in baskets or bags, shall determine their weight [with the weight of the vehicle in which they are carried], with the tare weight, and shall direct said person to return to such scales forthwith after unloading the goods; and upon such return, the sealer shall [weigh the vehicle] determine the tare weight. The scales designated by the sealer as aforesaid may be the public scales of the city or town or any other scales therein which have been duly tested and sealed, and shall be such scales as are in his judgment the most convenient of those available. SECTION 90. A sealer of weights and measures of a city or town and a sworn weigher shall keep in a book used by him solely for that purpose a record of all baskets sealed by him as aforesaid, and of all weighings and determinations of quantities of coke, charcoal or coal made by him as aforesaid. Such record shall be made at the time of measuring or weighing, and shall state the day and hour of the measuring or weighing, the name and place of business of the seller of the goods, the name of the owner of the baskets or of the purchaser of the goods as given to him on Sealer may direct goods to be weighed. 1901, 423, $4. Amended. 1902, 453, § 3. 1910, 219, § 2. Record to be weights and kept of measures. 1901, 423, § 5. Penalty. 1901, 423, § 6. Amended. 1902, 453, § 4. for having illegal coal, etc., measures. 1758-9, 16, 1833, 193, § 2. 1852, 302, § 1. 1859, 250, §§ 1, 2. Seizure of illegal measures; arrest, etc. 1758-9, 16, § 7. 1772-3, 8, his request by the person taking charge of the baskets or goods after weighing or measuring, the capacity of the baskets measured or quantity of goods determined, and the name of said person, and, in the case of a re-weighing as aforesaid, shall state the weight as given in the certificate and as determined by him. No charge shall be made by any such sealer for anything done under the provisions of this and the two preceding sections. SECTION 91. Whoever violates any provision of the seven preceding sections or fails to comply with any request for information or direction made under authority thereof, or gives a false answer to any such request, shall for each offence be punished by a fine of not more than fifty dollars; and whoever shall be guilty of any fraud or deceit relative to the weighing, selling or delivering of coke, charcoal or coal, shall for each offence be punished by a fine of not more than one hundred dollars. Sealers of weights and measures shall cause the provisions of the seven preceding sections to be enforced in their respective cities and towns. SECTION 92. A vendor of coal, coke or charcoal who has in his possession a basket, bag or other measure which does not conform in every particular to the requirements respecting it, with intent to use or permit it to be used in measuring coal, coke or charcoal sold or offered for sale, shall be punished by a fine of not more than twenty dollars, and such basket, bag or measure shall be destroyed. G. S. 49, § 193. P. S. 60, § 87. 1883, 218, § 2. SECTION 93. The mayor and aldermen of a city or the selectmen of a town shall appoint one or more persons whose duty it shall be to seize all baskets, bags or measures used or intended to be used for measuring coal, coke or charcoal, which do not 1796, 67, § 6. conform to the foregoing provisions, to arrest without warrant any person who has in his possession such baskets, bags or meas1852, 302, § 2. ures and to prosecute him under the provisions of the preceding 1853, 305, § 4. 1859, 250, section. The tribunal by which he is convicted shall order said §§ 1, 2. baskets, bags and measures to be destroyed. § 8. R. S. 28, § 206. G. S. 49, § 194. P. S. 60, § 88. Dealers in coal and coke to be licensed. Acts of 1903, Chapter 484. An Act to provide for Licensing Dealers in Coal and Coke. SECTION 1. It shall be unlawful for any person, firm or corporation to engage in or carry on the business of selling coal or coke, as principal or agent, in any city or town, at wholesale or retail, either by maintaining a place of business or by peddling issued by the monwealth. 1906, 434, § 1. issued by the secretary of monwealth. the Com the same from house to house, or otherwise, without first obtaining a license so to do from the secretary of the Commonwealth. [SECTION 2. Such licenses shall be granted by the secretary Licenses to be of the Commonwealth for such periods and upon the payment of secretary of such fees, not exceeding five dollars, and upon such conditions the Comand terms as may be prescribed in cities by ordinance and in Repealed. towns by by-laws.] Section 2. The said license may be granted by the secretary Licenses to be of the Commonwealth for such period, and upon such conditions and terms as may be prescribed in cities by ordinance and in towns by by-laws, and upon the payment of such fees, not exceeding one dollar for each year of its continuance, as may be prescribed by the secretary. [SECTION 3. The said licenses may be suspended or revoked Licenses at any time by the secretary of the Commonwealth, after a fair suspended or hearing given to the licensee, for using false weights and meas- Repealed. ures, for charging extortionate prices, for conspiring, combining 2. unlawfully with other persons, or unlawfully discriminating in the conduct of said business, or for any other just and sufficient reason.] 1906, 434, § 1. may be revoked. 1906, 434, may be revoked. 1906, 434, § 2. Section 3. The said licenses may be suspended or revoked at Licenses any time by any justice of the superior court, after due hearing, suspended or upon complaint in such form as he may require, for using false weights or measures, for charging exorbitant or excessive prices, for conspiring, combining unlawfully with other persons, or unlawfully discriminating in the conduct of said business, or for any other just and sufficient reason. [SECTION 4. Any licensee aggrieved by the suspension or revocation of his license may appeal to any justice of the superior court who shall hear the parties as soon as may be, and whose decision sustaining, modifying or annulling the action of the licensing authority shall be final and binding upon all parties. Pending such appeal and a decision thereon the license shall continue in force.] SECTION 5. It shall be the duty of any licensee as aforesaid to give public notice that he holds the license by displaying the word "License", and the number of his license at his place of business and on all vehicles employed by him in his business and in such other manner as the licensing authority may direct. It shall be unlawful for any such persons, firms or corporations not so licensed to designate themselves as licensed or to use the word "licensed " upon any vehicle or in any place. Licensees aggrieved may appeal to a the superior court, etc. 1906, 434, justice of Repealed. § 8. -to give public notice, etc. Penalty. Certain business not prohibited. 1886, 82. 1887, 391, SECTION 6. Whoever violates any provision of this act shall be punished by fine of not more than fifty dollars or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. [Approved June 26, 1903. Revised Laws, Chapter 98, § 3. Of the Observance of the Lord's Day. SECTION 3. The provisions of the preceding section shall not be held to prohibit the manufacture and distribution of steam, gas or electricity for illuminating purposes, heat or motive Certain work may be per formed on the Lord's Day. Certain provisions of law not to apply. Acts of 1909, Chapter 420. An Act relative to the Performance of Work on the Lord's Day. SECTION 1. The police commissioner of the city of Boston, or any member of the police department having a rank not lower than that of captain and designated by said commissioner, or the chief of police of any other city or of any town, upon such terms and conditions as he deems reasonable may issue a permit for the performance on the Lord's day of necessary work or labor which, in his judgment, could not be performed on any other day without serious suffering, loss, damage, or public inconvenience. Such permit shall cover not more than one day and shall be issued not more than six days prior to the day for which it is issued. SECTION 2. The provisions of section two of chapter ninetyeight of the Revised Laws shall not apply to any person working under, and complying with, the provisions of a permit granted as aforesaid. SECTION 3. This act shall take effect upon its passage. [Approved May 21, 1909. |