reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-82 - Fraudulent report of weight; penalties; imprisonment; double damages; interstate carriers, inapplicable to

51:1-82. Fraudulent report of weight; penalties; imprisonment; double damages; interstate carriers, inapplicable to
Any person who owns, operates, keeps, or has in his possession, control or charge any scales, steelyards or weights who shall certify, declare, represent, render or report any false weight whereby any other person may be defrauded, deceived or injured, shall, upon conviction thereof, be subject to a penalty in a sum not less than $50.00 nor more than $100.00 for a first offense, and not less than $100.00 nor more than $250.00 for a second offense and not less than $250.00 nor more than $500.00 for each subsequent offense. The court shall cause any defendant, who refuses or neglects to forthwith pay the amount of the judgment rendered against him and all the costs and charges incident thereto, to be committed to the county jail for a period of not less than 10 days and not exceeding 30 days for a first offense and not less than 30 days nor more than 90 days for any subsequent offense. Such person shall also be answerable to the party defrauded in double damages, to be collected in an action at law in any court of competent jurisdiction. The provisions of this section shall not apply to interstate common carriers by railroad subject to the rules and regulations from time to time issued by the Interstate Commerce Commission.
Amended by L.1943, c. 135, p. 385, s. 1; L.1969, c. 251, s. 16, eff. Jan. 7, 1970.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-82.1 - State-owned scales; weighmasters

51:1-82.1. State-owned scales; weighmasters
The superintendent of the division of weights and measures in the Department of Law and Public Safety may, subject to the approval of the Attorney-General, appoint weighmasters within the division of weights and measures of the Department of Law and Public Safety, as may be required, for official weighings and certifications thereof in connection with the operation of State-owned scales.
L.1952, c. 112, p. 451, s. 1.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-83 - Only sealed weights and measures to be used; violations resulting in injury voids contract

51:1-83. Only sealed weights and measures to be used; violations resulting in injury voids contract
No person shall buy or sell goods or service based on weight or measurement by the use of any weight or measure which has not been tested and sealed according to the provisions of this chapter under penalty of not less than $50.00 nor more than $200.00 for each separate offense. No contract shall, however, be declared void unless one of the contracting parties has been injured by the use of such weight or measure.
Amended by L.1969, c. 251, s. 17, eff. Jan. 7, 1970.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-84 - Testing and sealing of all weights and measures; fee collection

51:1-84. Testing and sealing of all weights and measures; fee collection
51:1-84. a. All weights and measures used in trade shall be tested and sealed at least once in each year. Any superintendent shall also upon the request of any citizen, corporation, firm or other interested party cause a test to be made of any weight or measure. If it be found correct or be made correct the superintendent or assistant superintendent shall properly seal it. He shall cause it to conform as nearly as possible to the standard before sealing. If it shall not be found correct, or it shall not be possible to make it correct, it shall not be used, but shall be disposed of as hereinafter provided in this article.
b. The State superintendent shall charge and collect a fee for the testing of a weight or measure. Such fee shall be established pursuant to section 7 of P.L.1994, c.60 (C.51:1-54.3).
Amended 1994,c.60,s.11.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-85 - Tests made at request of owner; defective weights or measures; penalty

51:1-85. Tests made at request of owner; defective weights or measures; penalty
Whenever any inspection of weights and measures has been made upon the request of the owner thereof, if they shall be found not to conform to the legal standard, the superintendent, or assistant superintendent shall serve such owner with a notice in writing that the use thereof is illegal. Within 15 days thereafter, the owner shall either have such weight or measure corrected or another substituted therefor, and notify the said superintendent in writing to that effect, or deliver the defective weight or measure to such superintendent for confiscation; and for his failure so to do, he shall be liable to a fine of $100.00.
Amended by L.1969, c. 251, s. 18, eff. Jan. 7, 1970.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-86 - Tests; defective weights, etc.; additional penalty.

51:1-86 Tests; defective weights, etc.; additional penalty.
51:1-86. Upon the first official inspection of any weight or measure, except where the inspection is made upon the request of the owner thereof, if the deviation from the legal standard shall be of such nature as not to be easily ascertained by the owner thereof, the owner may correct it. Upon his failure to do so within 2 days after such inspection, the superintendent shall take possession of and destroy such weight or measure, unless, in the sole discretion of the superintendent, good cause exists to allow additional time to correct the deviation or take possession of and destroy the weight or measure. If the said deviation, or the causes thereof, shall be patent or easily ascertainable by the owner thereof, the superintendent or assistant superintendent shall immediately take possession of and destroy such weight or measure, and the owner thereof shall be liable to a penalty of not less than $500 nor more than $1,000 in addition to any other penalties and punishments herein provided.
amended 1969, c.251, s.19; 2013, c.126, s.2.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-87 - Refusal to seal weight, etc., easily arranged to defraud; review

51:1-87. Refusal to seal weight, etc., easily arranged to defraud; review
Any superintendent or assistant superintendent may decline to seal any weight or measure which is so constructed as to facilitate the perpetration of fraud. He shall report such act to the State superintendent who, if satisfied upon investigation that its use is prejudicial to the best interests of the public, shall order that such weight or measure shall be treated as an unlawful one. Such order may be reviewable by the Superior Court in a proceeding in lieu of prerogative writ.
Amended by L.1953, c. 48, p. 838, s. 2.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-88 - Examination mandated

51:1-88. Examination mandated
No person shall refuse to exhibit any weights, measures, packages, containers, weight certificates, delivery tickets, invoices or any other documents setting forth the quantity or value of any commodity or service to any weights and measures officer for the purpose of being inspected and examined, nor shall any person refuse to admit such officer to his place of business, during his usual hours of business, nor shall any person who may be buying, selling or delivering goods, liquids, commodities, or services from any vehicle in transit refuse to permit such officer to examine any weights, measures, packages, containers, weight certificates, delivery tickets, invoices or any other documents setting forth quantity or value of any commodity or service which may be in or about the vehicle, under a civil penalty of not less than $100.00 for every such offense.
Amended by L. 1969, c. 251, s. 20, eff. Jan. 7, 1970; L. 1986, c. 167, s. 10, eff. Dec. 3, 1986.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-89 - General penalty

51:1-89. General penalty
Any person violating any of the provisions of this chapter for which a specific penalty has not been provided shall be liable to a penalty of not less than $100.00.
Amended by L.1969, c. 251, s. 21, eff. Jan. 7, 1970.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-90 - Hindering official; penalty

51:1-90. Hindering official; penalty
No person shall in any way or manner hinder or molest any superintendent, deputy superintendent, assistant superintendent, inspector, or other weights and measures officer in the performance of the duties imposed upon him by any of the provisions of this Title under penalty of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense.
Amended by L.1952, c. 44, p. 362, s. 1.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-91 - Changing weight or measure prohibited

51:1-91. Changing weight or measure prohibited
No person shall alter or change in any manner any weight or measure, or allow the same to be done, after the same has been tested and sealed or tested and condemned by any weights and measures officer under authority of law, so that the same shall weigh or measure incorrectly, under a civil penalty of not less than $100.00 nor more than $500.00 for each offense, unless the person has been duly licensed and registered pursuant to the provisions of P.L. 1938, c. 182 (C. 51:1-113 et seq.). This section shall not prohibit any authorized person from making adjustments necessary to achieve zero balance on any weighing or measuring device.
Amended by L. 1969, c. 251, s. 22, eff. Jan. 7, 1970; L. 1986, c. 167, s. 11, eff. Dec. 3, 1986.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-93 - Legal standard

51:1-93. Legal standard
Every weight or measure sold, leased or delivered after sale to any person within the State for use in the purchase or sale of commodities or services, shall be of the legal standard as provided in this Title.
Every person selling, leasing or delivering, or buying, renting or receiving any such weight or measure shall furnish to the local superintendent of the county or municipality in which such weights or measures are installed, a statement in writing, showing the sale or lease and location of such weights and measures, within 10 days.
Any person who shall sell or lease a false weight or measure or a weight or measure that has not been approved as to type, construction and operation by the State superintendent, or who otherwise violates this section, shall be liable to a civil penalty of not less than $100.00 nor more than $500.00 for each offense.
Amended by L. 1969, c. 251, s. 24, eff. Jan. 7, 1970; L. 1986, c. 167, s. 12, eff. Dec. 3, 1986.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-94 - Retention of false weights, etc.; misdemeanor

51:1-94. Retention of false weights, etc.; misdemeanor
Any person who shall retain in his possession any weight, measure or container, knowing it to be false, unless it appears beyond a reasonable doubt that it was so retained without intent to use it to defraud or permit it to be so used, shall be guilty of a misdemeanor.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-95 - Marking of short weights and tares; misdemeanor

51:1-95. Marking of short weights and tares; misdemeanor
Any person who shall knowingly mark false or short weights or false tare on any container, or who shall knowingly sell or offer for sale any container so marked shall be guilty of a misdemeanor.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-96 - Penalties for using false weights

51:1-96. Penalties for using false weights
a. No person shall use, or cause to be used, or have in his possession: (1) a weight or measure found to be incorrect after having been theretofore duly tested and sealed; or (2) a false weight, measure or other apparatus for the measurement of a physical property, or for determining the quantity or value of any commodity or article of merchandise, or service, or both. Any person who violates this subsection shall for the first offense be liable to a civil penalty of not less than $50.00 nor more than $100.00, and for a second offense to a civil penalty of not less than $100.00 nor more than $250.00, and for each subsequent offense to a civil penalty of not less than $250.00 nor more than $500.00.
b. No person shall be convicted of or assessed a civil penalty for a second or subsequent offense pursuant to this section unless the previous conviction:
(1) Occurred no earlier than one year prior to the occurrence of the second or subsequent offense; and
(2) Occurred at the same place of business as the second or subsequent offense. For the purposes of this subsection, "same place of business" means identical store or outlet.
c. Nothing in this section shall be deemed: (1) to authorize or permit the imposition of penalties for a second or subsequent offense in conjunction with an adjudication of guilt based upon multiple counts or complaints arising from the same inspection, or (2) to mandate the imposition of penalties for a second or subsequent offense, if, in the discretion of the court, the imposition of a penalty for a first offense would be just and proper.
Amended by L. 1953, c. 48, p. 839, s. 3; L. 1969, c. 251, s. 25, eff. Jan. 7, 1970; L. 1986, c. 167, s. 13, eff. Dec. 3, 1986.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-97 - Illegal weighing activities; penalties

51:1-97. Illegal weighing activities; penalties
a. No person shall:
(1) Sell or expose for sale less than the quantity represented of a commodity or service;
(2) Take any more of the quantity represented of any commodity or service, when, as a buyer, he furnishes the weight or measure by which the commodity or service is determined;
(3) Deliver or cause to be delivered less than the quantity or service represented of any commodity or service commonly sold by weight, measure, count or time;
(4) Misrepresent the price of any commodity or service sold, offered, exposed, or advertised for sale by weight, measure, count, or time, or represent the price in any manner calculated or tending to mislead or in any way deceive a person;
(5) Falsify, prerecord, issue or have in his possession a meter register, delivery ticket, invoice, bill or any document which contains a quantity representation recorded prior to the actual measurement at the time of delivery of the commodity; or
(6) Preprint, postprint, alter, or have in his possession a credit card, receipt or original containing a false representation of the quantity or value of petroleum products delivered.
Any person who violates the provisions of this subsection shall be liable for the first offense to a civil penalty of not less than $50.00 nor more than $100.00, and for a second offense to a civil penalty of not less than $100.00 nor more than $250.00, and for each subsequent offense to a civil penalty of not less than $250.00 nor more than $500.00.
b. No person shall be convicted of or assessed a civil penalty for a second or subsequent offense pursuant to this section unless the previous conviction:
(1) Occurred no earlier than one year prior to the occurrence of the second or subsequent offense; and
(2) Occurred at the same place of business as the second or subsequent offense. For the purposes of this subsection, "same place of business" means identical store or outlet.
c. Nothing in this section shall be deemed: (1) to authorize or permit the imposition of penalties for a second or subsequent offense in conjunction with an adjudication of guilt based upon multiple counts or complaints arising from the same inspection, or (2) to mandate the imposition of penalties for a second or subsequent offense, if, in the discretion of the court, the imposition of a penalty for a first offense would be just and proper.
Amended by L. 1986, c. 167, s. 14, eff. Dec. 3, 1986.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-98 - Deviations; scale of penalties

51:1-98. Deviations; scale of penalties
Any deviation from the standards prescribed in this chapter, either in weights or measures or in containers in which any commodity is sold or offered for sale, which shall exceed by more than three times the allowable error determined by the state superintendent in accordance with the provisions of sections 51:1-29 and 51:1-57 of this title, shall be subject to a penalty double that otherwise provided. Should such deviation exceed by more than five times such allowable error, the penalty shall be three times that otherwise provided. No penalty shall be imposed for allowable deviations, nor for any deviation which shall be to the disadvantage of the owner of said weight, measure or container.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-99.1 - Prior violations not included

51:1-99.1. Prior violations not included
No conviction of a violation of Title 51 of the Revised Statutes prior to the effective date of this 1986 amendatory and supplementary act shall be considered for the purpose of assessing a penalty for a second or subsequent offense pursuant to R.S. 51:1-29, R.S. 51:1-91, R.S. 51:1-96, or R.S. 51:1-97.
L. 1986, c. 167, s. 22, eff. Dec. 3, 1986.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-100 - Separate violations

51:1-100. Separate violations
The use, ownership or possession of each separate weight, measure, container or commodity in package form in violation of any of the provisions of this chapter shall be deemed as separate violations thereof.
Amended by L. 1986, c. 167, s. 15, eff. Dec. 3, 1986.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-101 - Presence of weights, etc., presumptive evidence of use

51:1-101. Presence of weights, etc., presumptive evidence of use
Proof of the existence of weights or measures in or about any place or vehicle, in or from which it is shown trade is commonly carried on shall be presumptive evidence of their regular use for such purpose and of their ownership by the person so using or possessing them and such facts shall be deemed to remain established until disproved beyond reasonable doubt.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-102 - Certificate

51:1-102. Certificate
Each weight or measure used by any weights and measures officer as a standard for testing the weights and measures used in trade, commerce or in:
a. Any weights and measures office;
b. The enforcement of law; or
c. Any engineering or surveying shall be marked by the State superintendent in such manner as he may determine. A certificate of the correctness thereof, designating it by number and giving the date of its comparison with any of the standard weights and measures shall be presumptive evidence that such weight or measure has continuously since the date of such comparison conformed with the said standards and the national and State standards. Such certificate shall be signed and sealed by the State superintendent in a manner determined by him.
Any certificate substantially setting forth the above facts and purporting to be signed and sealed by the State superintendent shall, upon its production, be admitted as such presumptive evidence without further proof of its authenticity.
Amended by L. 1986, c. 167, s. 16, eff. Dec. 3, 1986.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-103 - Jurisdiction for action

51:1-103. Jurisdiction for action
An action for the recovery of a penalty for violation of Title 51 of the Revised Statutes shall be within the jurisdiction of and may be brought before the Superior Court or municipal court in the county or municipality where the offense was committed or where the defendant may reside, or where the defendant may be found, or where the measurement of quantity determination was physically made, which court is hereinafter referred to in Title 51 of the Revised Statutes as the "court."
Amended by L. 1939, c. 390, p. 931, s. 1; L. 1953, c. 48, p. 839, s. 4; L. 1986, c. 167, s. 17, eff. Dec. 3, 1986.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-103.1 - Injunctions

51:1-103.1. Injunctions
Whenever it appears that a person engages in practices in violation of Title 51 of the Revised Statutes or regulations adopted pursuant thereto and other statutes relating to weights and measures, the State superintendent may seek to obtain in an action in the Superior Court an injunction prohibiting that person from continuing those practices.
The court may make orders or judgments to prevent that person from engaging in any prohibited practices.
L. 1986, c. 167, s. 20, eff. Dec. 3, 1986.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-105 - Penalty enforcement

51:1-105. Penalty enforcement
A penalty incurred for the violation of any of the provisions of this Title may be enforced pursuant to "the penalty enforcement law," (N.J.S. 2A:58-1 et seq.), in a summary proceeding brought in the name of the State by any weights and measures officer.
All proceedings and all judgments arising therefrom shall be pursued and entered in accordance with "the penalty enforcement law," N.J.S. 2A:58-1 et seq., and the Rules Governing the Courts of the State of New Jersey. Judgments recovered in favor of the State in any court may be docketed in the Superior Court and, thereafter, shall operate as a judgment obtained in that court.
Amended by L. 1939, c. 390, p. 931, s. 3; L. 1953, c. 48, p. 839, s. 6; L. 1986, c. 167, s. 18, eff. Dec. 3, 1986.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-106 - Arrest; confiscation

51:1-106. Arrest; confiscation
A weights and measures officer, on the violation of any of the provisions of this Title within his view or presence, may without warrant arrest the offender and conduct him before the court having jurisdiction.
A weights and measures officer may order off-sale, issue stop-use or removal orders, or may seize and take possession of any commodity in package form, weight or measure, document or other item, when he has reason to believe that any provision of Title 51 of the Revised Statutes or any regulation adopted thereunder has been violated.
Any weights and measures officer, his employer, or the State shall not be liable for damages by reason of that seizure.
Amended by L. 1939, c. 390, p. 934, s. 4; L. 1953, c. 48, p. 840, s. 7; L. 1986, c. 167, s. 19, eff. Dec. 3, 1986.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-107 - Appeal; no bond or deposit required when State appeals

51:1-107. Appeal; no bond or deposit required when State appeals
Any party may appeal from a judgment rendered or sentence imposed pursuant to section 51:1-105 of this Title. Where the State is the appellant neither an appeal bond, nor a deposit of cash in lieu thereof, shall be required.
Amended by L.1939, c. 390, p. 934, s. 5; L.1953, c. 48, p. 840, s. 8.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-109 - Disposition of penalties

51:1-109. Disposition of penalties
Penalties, when imposed or recovered in any action brought by the state superintendent or his assistant superintendents shall be payable to the state treasurer. When such action is brought by the county superintendent or an assistant county superintendent they shall be payable to the treasurer of such county. When such action is brought by a municipal superintendent or an assistant municipal superintendent they shall be paid into the treasury of such municipality.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-110 - Costs to prevailing party in Superior or municipal court; provision in budgets

51:1-110. Costs to prevailing party in Superior or municipal court; provision in budgets
51:1-110. In all actions brought under the provisions of this chapter in the Superior Court or municipal court, the prevailing party therein shall be entitled to recover his taxed costs which costs shall be taxed as in other actions in the court in which the action is instituted. The governing bodies of the several counties and of the several municipalities shall provide in their budgets or from other sources a sum sufficient for such costs.
Amended 1953,c.48,s.10; 1991,c.91,s.477.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-111 - City attorney or county prosecutor to aid in prosecution

51:1-111. City attorney or county prosecutor to aid in prosecution
The city attorney of any municipality wherein a violation of any provision of this chapter shall take place shall assist in the prosecution of any of the aforesaid proceedings, unless such municipality has no municipal superintendent, in which case the public prosecutor of the county wherein such violation shall take place shall assist in such prosecution.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-113 - Definitions

51:1-113. Definitions
Definitions: For the purpose of this act, the following words shall be deemed to have the meaning herein given them:
(a) "Department" shall mean the Division of Weights and Measures in the Department of Law and Public Safety.
(b) "Person" or "persons" shall be construed to include any individual, partnership, association, corporation or other form of business enterprise.
(c) "Weights and measures officer" shall be construed to mean and include the Superintendent of the Division of Weights and Measures or his assistants or inspectors, county or assistant county superintendents of weights and measures or inspectors, and municipal or assistant municipal superintendents of weights and measures or inspectors.
(d) "Weighing or measuring devices" as used in this act shall be deemed to mean and to include any scale, weight, scale beam, patent balance, computing scale, spring scale, person weighing scale operated for profit, steelyard, liquid measure, gasoline dispensing device, grease dispensing device, counter measure, or any other instrument or apparatus, and accessories connected therewith used in trade and commerce in the State of New Jersey in weighing or measuring any commodity, fluid, or article of merchandise, or person; provided, the term shall not include any meter, measure or scale used by a public utility subject to the jurisdiction of the Board of Public Utility Commissioners of this State for measuring any commodity or service furnished or sold by such public utility.
(e) "Repair," "repairing," and "repaired," shall be construed to mean any partial or complete construction or reconstruction, repair, alteration, installation or adjustment of any weighing or measuring devices used in trade and commerce in the State of New Jersey.
(f) "Repairman" shall mean any person engaging in the partial or complete constructing or reconstructing, repairing, altering, installing or adjusting of any weighing or measuring devices used in trade and commerce in the State of New Jersey.
(g) "Adjustment" and "adjusting." The moving of any part of a weighing or measuring device to obtain a correct zero indication only shall not be construed to come within the meaning of these terms.
(h) "Engaging in business" or "engaged in business" shall be deemed and understood to mean and include any single transaction, act, or sale.
L.1938, c. 182, p. 392, s. 1. Amended by L.1953, c. 48, p. 841, s. 12.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-114 - License and registration to engage in business

51:1-114. License and registration to engage in business
It shall be unlawful for any person to engage in the business of selling, trading-in, receiving, installing or repairing condemned, rebuilt or used weighing or measuring devices in this State without first obtaining from the State Superintendent of Weights and Measures a license and registration to so engage in any said business.
L.1938, c. 182, p. 393, s. 2.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-115 - Application for license and registration; verification under oath

51:1-115. Application for license and registration; verification under oath
Application for the said license and registration shall be made to the department upon the form prescribed and furnished by the State Superintendent of Weights and Measures, and shall be verified by the applicant under oath, or if the applicant shall be a partnership, association, or corporation, under the verification and oath of a duly elected officer or official representative thereof.
L.1938, c. 182, p. 394, s. 3.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-116 - Examination and inquiry; issuance of license and registration

51:1-116. Examination and inquiry; issuance of license and registration
Upon the application being filed, the State Superintendent of Weights and Measures shall examine into the same and cause an inquiry to be made concerning the person making such application, and if it should appear satisfactory to him therefrom, he shall issue to the applicant a license and registration; it being provided, however, that any person engaging in the practical operations of repairing any device subject to the provisions of this act, shall, upon the approval of his application by the State Superintendent of Weights and Measures, be notified to report at a place and time to be designated by the said State Superintendent of Weights and Measures, and to there undergo an examination into his technical qualifications to engage in such business.
L.1938, c. 182, p. 394, s. 4.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-117 - Conduct of examinations

51:1-117. Conduct of examinations
Examinations shall be conducted by the State Superintendent of Weights and Measures, his duly authorized assistants, or by any competent weights and measures officer or officers of this State, whom the said State Superintendent of Weights and Measures may designate or assign to conduct such examinations.
L.1938, c. 182, p. 394, s. 5.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-118 - Rules and regulations

51:1-118. Rules and regulations
The State Superintendent of Weights and Measures shall issue rules and regulations governing the examination of applicants for licenses to repair weighing and measuring devices. The regulations shall specify the qualifications for limited and unlimited licenses, and shall declare the conditions under which licenses will be revoked.
L.1938, c. 182, p. 394, s. 6.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-119 - License to repair limited classes or kinds of devices

51:1-119. License to repair limited classes or kinds of devices
The State Superintendent of Weights and Measures may, at his discretion, issue to any applicant, under the terms of the regulations authorized by this act, a license to repair limited classes or kinds of weighing and measuring devices.
L.1938, c. 182, p. 395, s. 7.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-120 - Issuance of licenses to repair devices

51:1-120. Issuance of licenses to repair devices
Any person who qualifies in the form and manner prescribed by the regulations authorized under the terms of this act to repair weighing or measuring devices shall receive a license to repair the classes or kinds of weighing devices for which he qualifies. Applicants who do not qualify shall not receive a license, it being provided, however, that the denial of a license at any time shall not prejudice the issue of a license at any later examination.
L.1938, c. 182, p. 395, s. 8.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-121 - Licenses and registrations; term; renewal; contents

51:1-121. Licenses and registrations; term; renewal; contents
Licenses and registrations shall be issued for a term of one year from the date of issue and shall be renewable at the expiration thereof. Each license issued shall state the name, business address of the person to whom it is issued, whether it is a limited or unlimited license, and if limited, the classes or kinds of weighing or measuring devices the licensee is authorized to repair, and shall continue in effect for the prescribed period unless revoked or suspended for reasons hereinafter specified in this act.
L.1938, c. 182, p. 395, s. 9.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-122 - Revocation or suspension of license; grounds; hearing; notice

51:1-122. Revocation or suspension of license; grounds; hearing; notice
The State Superintendent of Weights and Measures may revoke or suspend the license of any person convicted of any violation of this act or for any of the following reasons: willful fraud or misrepresentation practiced in procuring any such license or renewal of the same; dishonesty; gross incompetency; and conduct of a character likely to deceive or defraud the public; the loaning of his license or registration by the licensee to any person; the obtaining of a fee or compensation by fraud or misrepresentation; the willful advertising or publishing by the licensee of grossly false, fraudulent or misleading statements of his business, skill, knowledge or methods of operation; and for any conduct or practice at variance with the purpose of this act. No certificate of license shall be revoked or suspended until after a hearing before the State Superintendent of Weights and Measures of which hearing the holder of said certificate of license shall have at least ten days' notice, either personally or by registered mail, sent to the holder at his or her address as contained in the records of the department.
L.1938, c. 182, p. 395, s. 10.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-123 - Report of repair work done by licensee

51:1-123. Report of repair work done by licensee
Any person licensed to repair weighing or measuring devices shall report to the department or to the weights and measures officer of his county or municipality, work for which compensation was received or is receivable. The report shall contain the name and address of the person for whom the work was done, identification of the weighing or measuring device, nature of the work performed and the date the work was completed.
L.1938, c. 182, p. 396, s. 11.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-124 - Notice and statement to state department or county or municipal superintendent of weights and measures

51:1-124. Notice and statement to state department or county or municipal superintendent of weights and measures
Every person engaged as in this act provided shall within ten (10) days, after the making of a repair, or the sale and delivery of a repaired, rebuilt, exchanged, or used weighing or measuring device, in writing, notify the department or the county or municipal superintendent of weights and measures in whose jurisdiction the said device is located, giving the name and address of the person for whom such repair has been made or to whom a repaired, rebuilt, exchanged, or used weighing or measuring device has been sold or delivered, and a statement shall be made by the licensee that the same has been so altered, rebuilt, or repaired as to conform to the standard specifications and regulations of the department.
L.1938, c. 182, p. 396, s. 12.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-125 - Condemned weighing or measuring devices

51:1-125. Condemned weighing or measuring devices
Any person who accepts any weighing or measuring device which has been condemned by any weights and measures officer, in trade for a new or used weighing or measuring device, and which is intended to be repaired, rebuilt, dismantled or destroyed, shall upon receipt thereof remove the condemned tags and such condemned tags shall be returned to the department or to a weights and measures officer within ten (10) days thereafter, with a statement describing the weighing or measuring device, giving the number of the device if obtainable, and the name and address of the person from whom it was received together with a statement of what disposition has been made of the weighing or measuring device.
L.1938, c. 182, p. 396, s. 13.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-126 - Comparison and calibration of testing equipment

51:1-126. Comparison and calibration of testing equipment
Every person engaged in any business covered by the provisions of this act shall submit their testing equipment at least once a year to a weights and measures officer for comparison and calibration with the standards maintained by such officer. After comparison and calibration with such standards, the weights and measures officer shall issue to such person a statement or a certificate of his findings.
L.1938, c. 182, p. 397, s. 14.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-127 - Record or register

51:1-127. Record or register
Every person licensed and registered pursuant to the provisions of this act shall maintain a record or register in which the following information shall be kept:
(a) The name and address of every person for whom weighing or measuring devices are repaired.
(b) The name and address of every person to whom a repaired, rebuilt, exchanged, or used weighing or measuring apparatus or device has been sold or delivered.
(c) Such records shall at all times be open for inspection by any weights and measures officer.
L.1938, c. 182, p. 397, s. 15.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-128 - Fees; use

51:1-128. Fees; use
16. Every person who maintains or carries on the business of selling, trading in, receiving, or engaging in the repairing of condemned, rebuilt, or used weighing and measuring devices shall pay a license fee of $150 per annum. Every person engaging only in the repairing of weighing and measuring devices shall pay a fee of $20 per annum. These fees shall be paid to the State Superintendent of Weights and Measures, and by this officer shall be turned over to the State Treasurer for deposit into the "Weights and Measures Fund" created pursuant to section 8 of P.L.1994, c.60 (C.51:1-54.4).
L.1938,c.182,s.16; amended 1971,c.341,s.5; 1994,c.60,s.12.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-129 - Administration of Act; rules and regulations

51:1-129. Administration of Act; rules and regulations
The State Superintendent of Weights and Measures shall have general supervision of the administration of this act and shall make such rules and regulations as he may deem necessary for its enforcement.
L.1938, c. 182, p. 398, s. 17.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-130 - Enforcement of Act

51:1-130. Enforcement of Act
The State Superintendent of Weights and Measures, his duly authorized assistants and inspectors, county and assistant county superintendents of weights and measures and inspectors, and municipal and assistant municipal superintendents of weights and measures and inspectors, are hereby charged with the enforcement of this act.
L.1938, c. 182, p. 398, s. 18.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-131 - Penalties for violations of Act

51:1-131. Penalties for violations of Act
Any person violating any of the provisions of this act, shall, upon being found guilty of a first offense, pay a fine of not less than $50.00, nor more than $100.00, and shall, upon being found guilty of a second offense pay a fine of not less than $100.00 nor more than $250.00, and shall, upon being found guilty of any subsequent offense pay a fine of not less than $250.00 nor more than $500.00; provided, however, that any person unable to pay a fine imposed under the provisions of this act shall be committed to jail for a period of not less than 10 days nor more than 90 days.
Amended by L.1938, c. 182, p. 398, s. 19; L.1969, c. 251, s. 26, eff. Jan. 7, 1970.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-132 - Recovery of penalties, procedure

51:1-132. Recovery of penalties, procedure
20. A proceeding to recover any penalty incurred under the provisions of this act, or acts supplementary or amendatory thereof, may be brought in the name of the State of New Jersey by any duly appointed weights and measures officers in the Superior Court or municipal court of any municipality of this State, wherein the violation occurs, which courts shall have jurisdiction over the proceeding. The proceeding shall be summary and in accordance with "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). Process shall be either in the nature of a summons or warrant and it may be directed to any weights and measures officer, or to any constable or police officer, commanding him to cause the person or persons so complained of to be summoned or arrested and brought before the court.
No defendant under any body execution shall be detained for a period exceeding ten days, except as may be otherwise provided by this act.
It shall be the duty of the city attorney of any municipality wherein such violation shall take place to assist in the prosecution of the same, unless such municipality has no such municipal superintendent of weights and measures as provided for in section 51:1-43 of the Revised Statutes, in which case the county prosecutor of the county wherein such violation shall take place shall assist in such prosecution. All fines and penalties collected from persons offending against the provisions of this act shall be paid by the court clerk receiving the same, when recovered by a State weights and measures officer, to the State Treasurer; when recovered by a county weights and measures officer, to the county treasurer of such county; and when recovered by a municipal weights and measures officer, to the municipality which such officer represents. For violation of any of the provisions of this act, done within the view of any weights and measures officer, such weights and measures officer is authorized, without warrant, to arrest the offender or offenders and to conduct him or them before the Superior Court or a municipal court in the county wherein such offense is committed.
L.1938,c.182,s.20; amended 1953,c.48,s.13; 1991,c.91,s.478.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:1-133 - Exceptions to application of Act

51:1-133. Exceptions to application of Act
The provisions of this act shall not be applicable to any person or to a bona fide employee solely and exclusively employed by such person, who repairs or installs any weighing or measuring device owned, operated or used by the said person in connection with his business in the sale of commodities in trade and commerce in the State of New Jersey.
L.1938, c. 182, p. 401, s. 21.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:3-1 - Pillars showing true meridian; verification of meridian line

51:3-1. Pillars showing true meridian; verification of meridian line
51:3-1. The board of chosen freeholders of each county shall erect, and properly inclose and protect at public spots, adjacent to the courthouse of the county, two substantial pillars on the same meridian line and not less than one hundred feet apart. The board shall cause to be determined the accurate latitude and longitude of the first of said pillars, reckoning the longitude from the meridian at Washington, and shall have said latitude and longitude distinctly and legibly marked on said pillar in degrees, minutes, seconds and parts of a second. Upon the summit of the first pillar there shall be immovably placed a brass plate, indented with a line indicating the true meridian. There shall also be placed on said first pillar a hair sight, in such a manner that a straight line passing through the center thereof, extended to a distinctly visible needle point, which shall be maintained on the summit of the second pillar, will be in the line of the true meridian running north and south. The board shall cause the said meridian line to be verified at any time, when required by order of any judge of the Superior Court.
Amended 1953,c.48,s.14; 1991,c.91,s.479.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:3-2 - Custody of pillars and inclosure; free access thereto

51:3-2. Custody of pillars and inclosure; free access thereto
The said pillars and inclosure shall be subject to the custody of the county clerk. Any surveyor of lands, or civil engineer, residing in said county, or engaged in surveying therein, shall have free access thereto for the purpose of testing the variation of the compass.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:3-3 - Injuring pillars; misdemeanor

51:3-3. Injuring pillars; misdemeanor
Any person who shall willfully erase, alter, deface, displace, destroy, carry away or otherwise injure any such pillar or inclosure, or any part thereof, shall be guilty of a misdemeanor. Upon conviction thereof, he shall for each offense be punished by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment in the state prison for not less than one nor more than three years, or both, at the discretion of the court.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:3-4 - Variation of compass; testing; certificate; filing; fees

51:3-4. Variation of compass; testing; certificate; filing; fees
Every surveyor engaged in surveying land within this state, shall test and note the actual variation of his compass from the true meridian line at least once in each year. He shall deposit a copy of his notes with the date and time of such test and a certificate embodying the variation with an affidavit verifying its correctness with the clerk of the county, in which he resides or has his office, to be recorded in a book provided for that purpose.
For recording each certificate and affidavit, for copies or abstracts thereof, and for drawing the certificate and seal therefor, said clerk shall be allowed the legal fees allowed for similar services. The said fees shall be paid by the person who desires the service performed.
2023 New Jersey Revised Statutes › Title 51 - Standards, Weights, Measures and Containers › Section 51:3-5 - Penalty for violation; recovery

51:3-5. Penalty for violation; recovery
Every surveyor, who shall neglect or refuse to comply with the provisions of section 51:3-4 of this title, shall for each offense, be liable to a penalty of fifty dollars to be recovered with costs, by the board of chosen freeholders or by any person for its use and benefit in an action at law.