The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1879-05-10

when the same are found or made by such
sealer 10 conform TO the legal standard, the
officer comparing them shall seal and mark
such weights and measures" There is no
uncertainty or ambiguity about that section.
Whatever the weights and measures are
used for, OF by whomsoever owned, itshall-
be the duty Of the sealer to compare all
weights and measures lehich ShaHbe brought
10 him for that purpose. But II confers no
power on him 70 call upon any person for
that purpose. 1t applies only to such weights
and measures as are brought to him.
The sixth eection provides, that "each Of
the several regulators Of weights and meas
nres herein authorized to be appointed shall,
OF least once in each year, advertise in one
or more newspapers in the proper city and
county the place where his office is held
and it shall be the duty Of said regulators Of
weights and measures, at least once in every
year, to 60 10 stores, houses, stalls and OF
fees of the makers, venders or pToPrietorS OF
beams, scales, weights and measures, IN the
proper city and county, and try and adjust
Tor cause to be adjusted) all beams, scales,
weights and measures, and seal the same
with the initials Of his last or surname, and
the current year; for which trial and ad-
iustment he shall demand and receive the
following fees" Then follows a schedule of
fees. "And if the said makers, venders or
proprietors of beams, scales, weights and
measures, or any Of them, shall find it in
convenient to have them adjusted and seal
cd, or for any other cause, tho said beams,
scales, weights and measures, shall not have
been adjusted when the regulators attends,
they shall be required to bring the same to
his office before using them, and have them
adjusted and sealed"
The seventh section is as follows: In
case any maker, vender or proprietor Of
beams, scales, weights or measures, within
the city or county of Philadelphia, or coun-
ty for which a sealer has been appointed,
shall neglect or refuse to comply with the
acquisitions which the regulator Of weights
and measures is authorized and directed
TO make or shall sell by false beams, scales,
weights and measures, such person or per-
sons so offending shall, for each and every
offence, forfeit and pay the sum Of five dol
lars, which may be sued for and recovered
as debts Of the like amount are by law re-
coverable, for the use Of the poor Of the city,
district or township, in which such fine shall
have been incurred Provided, That the
provisions of the flth and sixth sections OF
this act act shall not be so construed as to
extend to such beams, scales, weights and
prictors thereof, for the purpose Of buying
and selling the same"
The only parties, therefore, to whom the
sealer of weights and measures is authorized
to 90 for the purpose of trying and adjust
ing beams, scales, weights and measures are
the makers, venders or proprietors, and
the only proprietors are such as use them
"for the purpose of buying and selling the
same" This Limitation in the proViso TO
the seventh section to such as buy and sell
weights and measures is apparently TO make
certain that which appears evident from a
careful reading Of the sixth section; for the
language Is makers, venders or proprietors,
but does not say venders and proprietors,
strongly implying that the word prOprietors
was word used as further designation of
the word venders, and not meaning an ad-
ditional class.
The section also provides that the beams,
scales, weights and measures are not adjust
ed and sealed when the regulator attends,
they shall be taken to his Office before using
them, which would be an absurd provision
for merchants who are proprietors of the
articles used in weighing and measuring
goods for sale, which they require the use Of
every hour. But 1t is consistent with the
use of beams, scales, weights and measures
which are manufactured and kept for sale,
and which must be adjusted and sealed be-
fore the makers and venders can sell them.
But if the internal evidence leave the
construction doubtful whether the sealer
can call upon the proprietors who keep
beams, scales, weights and measures to weigh
and measure goods and merchandise TO buy
and sell by, or whether he is confined in
his operations to the inspection and sealing
such as are made and kept for sale, the pro-
viso to the seventh section settles the ques.
ton, and limits his powers and duties to adj
justing and sealing such beams, scales
weights and measures as are brought to his
Office, and to going to the places where the
makers, venders or proprietors make, vend
and keep them for the purpose of buying
go to stores and other places to dust and
seal weights and measures which are kept
for the purpose Of buying and selling good;
| by weight or measure.
Your third question is: "Can he inspect
our weights and measures without our con.
sent?" that question is practically answer.
ell already. He cannot inspect them with.
out your consent. You can take them tc
him voluntarily, or you can permit him tc
do it at your places of business. And that
comprises the whole scope of his power;
and duties, which we might have contented
ourselves with giving you, but preferred t.
give the reasons. But even this is based
udon the assumption that the act o.
1915 was not repealed by that of 1859, but
that the latter act only dispensed with the
Office, which is an exceedingly doubtful as
sumption. Very respectfully yours,
G. & II. LEAR.