7026 M 7824 57 C 218 57 C 246 slides for the same shall move horizontally and not otherwise; and said box put into the banks of ditch shall have a descending grade from the water in ditch of not less than one-eighth of an inch to the foot. [For weight and measure of coal see also section 662.] [Cubic foot per second, unit of measurement of water, Section 3330.] Legislation. Sec. 7026. Act of 1874 p. 309. Sec. 3, amending Act 1864 p. 149 3. R. S. p. 638 § 3; G. L. § 2779; G. S. § 3472. The Act of 1864 p. 149 §§ 4 and 5 defined the weight or size of the Fenega, Vara, Cuartillo and other Mexican weights and measures. Repealed by Act of 1867 p. 88. Size of brick as given in the text was fixed by Act of 1874 p. 310, amending Act of 1874 p. 309. Before amendment the size was, 9 inches in length, 41⁄2 inches in width, and 21⁄2 inches in thickness. 7027. Treasurer procure standard. SEC. 4. It shall be the duty of the treasurer of this state to procure as soon as possible from the proper department of the federal government, all necessary weights and measures for the use of the state, and as soon as he shall receive them, to give public notice through two or more newspapers, for thirty days, to each and every board of county commissioners in the state, to obtain copies or duplicates of said weights and measures. Legislation. Sec. 7027. Act 1864 p. 150 § 6. R. S. p. 6384; G. L. § 2780; G. S. § 3473. 7028. Comparison of scales with standard-Approval-Condemnation. SEC. 5. That all vendors and traders in goods, wares and merchandise, gold dust and other articles of traffic shall, within ninety days after the reception of the standards by said commissioners, have their balances, weights and measures compared with said standards of their respective counties, and approved and marked by the county inspector, and if the same are found to be correct, to be sealed with the name or initial letters of the county inscribed thereon, or condemned by him if found incorrect. [City council regulate weights and measures. Section 6525, paragraphs 24-26.1 Legislation. Sec. 7028. Act of 1864 p. 150 3 7. R. S. p. 638 § 5; 7029. County board appoint inspector annually-Bond. SEC. 6. That on the first regular meeting of the board of county commissioners in each county in this state, after the passage of this chapter, and thereafter annually, on the first regular monthly meeting of every year, said county commissioners shall appoint a fit and proper person, who shall be styled inspector of weights and measures, and shall give bond to the county for the faithful performance of the duties of his office, as said commissioners may direct. Legislation. Sec. 7029. Act of 1864 p. 150 § 8; R. S. p. 638' 6; G. L. § 2782; G. S. § 3475. 7030. County board fix fees of inspector. SEC. 7. That each county board shall make out a list of fees to be charged by said inspector, and which fees when charged shall be recoverable in any court, as any other debt or account is recovered. Legislation. Sec. 7030. Act of 1864 p. 150 § 9; R. S. p. 639 § 7; G. L. 2783; G. S. § 3476. 7031. County board furnish inspector tools. SEC. 8. That it shall be the duty of each county board, as aforesaid, to furnish to each inspector all the necessary tools, marks and brands which he may require, to be paid for out of the county funds. Legislation. Sec. 7031. Act of 1864 p. 150 § 10; R. S. p. 639 § 8; G. L. 2784; G. S. § 3477. 7032. Penalty for wrongful selling. SEC. 9. All persons, for the purpose of weighing or measuring goods, wares, merchandise, water or other articles of traffic, actually sold by him, not in accordance with this chapter, shall be deemed guilty of a misdemeanor, and upon conviction thereof may be imprisoned not exceeding one year, or fined not exceeding one thousand dollars, at the discretion of the court in which the conviction shall be obtained. [See section 4240 for penalty for use of false weights by assayer.] [See also sections 1581 and 1582.] Legislation. Sec. 7032. Act of 1874 p. 309 § 9, amending R. S. p. 639 § 9, which was Act of 1864 p. 150 § 11; G. L. § 2785; G. S. 3478. 7033. Inspector's duty-Complaint against offender. SEC. 10. Whenever it shall come to the knowledge of the inspector that any person within his county has violated any of the provisions of this chapter, it shall be his duty to enter a complaint against him before some magistrate having jurisdiction of the offense thereof, to the end that the offender may be punished and fined according to this law. [Inspector test scales at coal mines. Section 661.] Legislation. Sec. 7033. Act of 1864 p. 151 § 12; R. S. p. 639 § 10; G. L. § 2786; G. S. § 3479. 7034. Fines paid into county treasury. SEC. 11. All fines imposed and collected for violation of the provisions of this chapter shall be paid into the county treasury for the use of the people of the county in which the offense was committed. Legislation. Sec. 7034. Act of 1864 p. 151 § 13. R. S. p. 639 § 11. G. L. § 2787; G. S. § 3480. 7035. All retailers cf coal or coke furnish certificate of weight. SEC. 12. All persons retailing coal or coke in cities of the first or second class, and incorporated towns, whether existing under special charter or otherwise, shall furnish the consignee or purchaser of coal or coke to the amount of one quarter (14) of a ton or more, a certificate of weight signed by the owner or agent of official city or town scales. [For regulations governing weights at coal mines. Sections 661-667.] Legislation. Sec. 7035. Sec. 1 of Act of 1893 p. 470, entitled: AN ACT To Regulate the Selling and Weighing of Coal and Coke in Cities of the First and Second Class and Incorporated Towns, Whether Existing Under Special Charter or Otherwise, and to Provide Penalties for the Violation Thereof. 7036. What certificate shall state. SEC. 13. The certificate as aforesaid shall plainly state the net weight of the wagon or cart on which the coal or coke is loaded, the net weight of the coal or coke on the said wagon or cart, the total weight of the coal or coke, and wagon or cart, the license number and naine of the driver delivering the coal or coke, the name of the dealer, the name of the weighmaster, and the street number of the location of the scales where the certificate may be issued. Legislation. Sec. 7036. Sec. 2 of Act of 1893, cited under § 7035. 7037. Penalty for delivering coal without certificate-Short weight-False certificate. SEC. 14. Any dealer or driver of any wagon or cart delivering coal or coke without the official certificate of the owner or agent of an official city or town scales shall, on conviction, be fined not less than twenty (20) dollars and not over one hundred (100) dollars, together with the cost of suit; for each and every offense. Any driver of a wagon or cart, who may be found delivering coal or coke of a less weight than the certificate calls for, shall, on conviction, be fined not less than thirty (30) dollars or confined one (1) month in the county jail, or both, at the discretion of the court, together with the costs of the suit, for each and every offense. Any owner or agent of any official city or town scales who may be found giving a false certificate of the weight of any coal or coke to be delivered, shall, on conviction, be fined not less than fifty (50) dollars and not more than one hundred (100) dollars, together with costs of suit, for each and every offense. Legislation. Sec. 7037. Sec. 3 of Act of 1893, cited under § 7035. 7038. Justice direct district attorney to prosecute. SEC. 15. It shall be the duty of the justice of the peace, to whom a complaint is made, of any violation of this act, to direct the district attorney in his district, to institute and prosecute any and all suits for any violation of this act. Legislation. Sec. 7038. Sec. 4 of Act of 1893, cited under § 7035. 7039. Fines paid into county treasury. SEC. 16. All suits and prosecutions for a violation of any provisions of this act, shall be in the name of the people of the state of Colorado, and all moneys arising therefrom shall be paid. into the county treasury, by the justice of the peace, or other officer collecting the same in the county where the suit is brought. [For weights at coal mines see section 661 et seq.] Legislation. Sec. 7039. Sec. 5 of Act of 1893, cited under § 7035. CHAPTER CLVII. I. II. III. WILLS AND ESTATES. DESCENTS AND DISTRIBUTIONS.-7040-7049. ACTIONS FOR DETERMINATION OF HEIRSHIP.-7050-7068. IV. APPOINTMENT AND QUALIFICATION OF EXECUTORS, AD- V. 7131. PUBLIC ADMINISTRATOR.-7132-7137. VI. POWERS, DUTIES AND LIABILITIES OF EXECUTORS, ADMINISTRATORS, GUARDIANS AND CONSERVATORS.-7138 7165. VII. SALE OR MORTGAGE OF REAL ESTATE.-7166-7204. IX. X. Section. 7040. 7041. REPORTS AND SETTLEMENT OF ESTATES.-7230-7243. I. DESCENTS AND DISTRIBUTIONS. Descent of property of intestate. Posthumous children inherit as if born during life of intestate. 7042. Adopted children-Foster parents. 7048. Estate, by whom distributed. 7049. Descent of property of bastard or illegitimate person. [For inheritance tax see sections 5551-5571.] |