CHAPTER 158

WEIGHTS AND MEASURES

AN ACT TO AMEND CHAPTER 82 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO WEIGHTS AND MEASURES BY GIVING THE POWER OF ARREST TO THE REGULATORS OF WEIGHTS AND MEASURES, AND MAKING MISREPRESENTATIONS AS TO QUANTITY IN CONTAINERS A MISDEMEANOR AND INCREASING THE PENALTY FOR SECOND OFFENSES.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That 3423, Section 5 of Chapter 82 of the Revised Code of Delaware, 1935, as amended, be amended by adding thereto a new paragraph as follows, to-wit:

Each Regulator shall have the power within his respective jurisdiction to make arrests for all violations of Chapter 82 of the Revised Code of Delaware, 1935, as amended. The Deputies of the respective Regulators shall have the same power.

Section 2. That 3428, Section 10 of Chapter 82 of the Revised Code of Delaware, 1935, as amended, be amended by striking out and repealing all of said section and substituting in lieu thereof a new section to be known as 3428, Section 10:

3428. Sec. 10. New Castle County; Violations of Chapter, Misdemeanors; Penalty; Disposition of Fines:--In case any user or owner of such beams, scales, weights and measures within the County of New Castle, in this State, shall refuse or neglect to comply with any of the requisitions which the said regulator is by this Chapter authorized or directed to make or shall knowingly sell or buy any false beams, scale, weight, or measure; or shall purposely alter any beam, scale, weight, or measure, so that the capacity is diminished or increased after the same shall have been adjusted and stamped; or shall, in buying or selling, knowingly use any beam, scale, weight, or measure, so altered, or shall purposely alter any beam, scale, weight, or measure so as to impair the adjustment thereof after the same shall have been adjusted and stamped; or shall knowingly have in his possession any beam, scale, weight, or measure so altered as aforesaid; or shall knowingly buy, sell, use, or barter by any beam, scale, weight, or measure, or other weighing or measuring apparatus that has not been duly adjusted and stamped as aforesaid; or shall knowingly make, use, or have in possession any false stamp or brand for stamping any beams, scales, weights, or measures, he or they shall be guilty of a misdemeanor and upon conviction thereof shall, for the first offense, be fined not less than ten or more than twenty dollars or imprisoned for a term not exceeding ten days, and, for every subsequent offense, be imprisoned for a term not exceeding thirty days. One-half of all fines recovered for violations of any of the provisions of Sections 8 to 12, inclusive, of this Chapter, shall be paid by the officer receiving the same to the informer and the other half to the Treasurer of New Castle County.

Any person, partnership or corporation fraudulently misrepresenting the amount of a commodity contained in a package, bag, box or any other kind of container displayed for sale, exhibited for sale, or offered for sale, or sold by said person, partnership or corporation and which said package, bag, box or other container shall contain less than the amount of the quantity of the commodity so represented shall be guilty of a misdemeanor and shall be fined for the first offense not less than ten dollars or more than twenty dollars or imprisoned for a term not exceeding ten days and for every subsequent offense be imprisoned for a term not exceeding ten days.

Approved February 19, 1943.