Annotated Laws (1933), Vol. X, Constitution, Ch. 1, Sec. 1-General Court.

[ED. NOTE.-No section of the Massachusetts Constitution refers specifically to weights and measures, but the following section has been construed to permit enactments by the legislature relative to weights and measures under the police power, in that the legislature has the power to protect the public against fraud.]

[Sec. 36] Article IV. Powers of general court.

And further, full power and authority are hereby given and granted to the said general court, from time to time, to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, and ordinances, directions and instructions, either with penalties or without; so as the same be not repugnant or contrary to this constitution, as they shall judge to be for the good and welfare of this commonwealth, and for the government and ordering thereof, and of the subjects of the same, and for the necessary support and defence of the government thereof; and to name and settle annually, or provide by fixed laws, for the naming

Testing

Annotated Laws (1933), Vol. IX, Title I, Ch. 266-
False Advertising
Unlawful acts; penalty

476

476

and settling all civil officers within the said commonwealth; the election and constitution of whom are not hereafter in this form of government otherwise provided for; and to set forth the several duties, powers, and limits, of the several civil and military officers of this commonwealth, and the forms of such oaths or affirmations as shall be respectively administered unto them for the execution of their several offices and places, so as the same be not repugnant or contrary to this constitution; and to impose and levy proportional and reasonable assessments, rates, and taxes, upon all the inhabitants of, and persons resident, and estates lying, within the said commonwealth; and also to impose and levy, reasonable duties and excises, upon any produce, goods, wares, merchandise, and commodities, whatsoever, brought into, produced, manufactured, or being within the same; to be issued and disposed of by warrant, under the hand of the governor of this commonwealth for the time being, with the advice and consent of the council, for the public service, in the necessary defence and support

Annotated Laws (1933), Vol. X, Constitution, Ch. 1, Sec. 1-General Court-Continued.

of the government of the said commonwealth, and the protection and preservation of the subjects thereof, according to such acts as are or shall be in force within the same.

And while the public charges of government, or any part thereof, shall be assessed on polls and estates, in the manner that has hitherto been practised, in order that such assessments may be made with equality, there shall be a valuation of estates within the commonwealth taken anew once in every ten years at least, and as much oftener as the general court shall order. [1780]

[ED. NOTE. In the Annotated Laws of Massachusetts, following the foregoing section, it is stated: "The protection of the public against fraud is a well-recognized branch of the police power, in the exercise of which the State may abridge an individual's freedom to contract, even in private business. Instances of this are the laws regulating the sale of oleomargarine and merchandise in bulk and the laws relating to weights, measures and packages. 4 Op. A. G. 519, 521."]

Annotated Laws (1944), Vol. I, Title II, Ch. 23Department of Labor and Industries.

Sec. 1. Creation and supervision.

There shall be a department of labor and industries, under the supervision and control of a commissioner of labor and industries, in this chapter (Ch. 23) called the commissioner, an assistant commissioner, who shall be a woman, and three associate commissioners, one of whom shall be a representative of labor and one a representative of employers of labor. [1912; last amended 1921.] Sec. 3. Duties of commissioner.

The commissioner shall be the executive and administrative head of the department. Except as otherwise provided, he shall have charge of the administration and enforcement of all laws, rules and regulations which it is the duty of the department to administer and enforce, shall direct all inspections and investigations, and may assign the officers and employees of the department to the several divisions thereof. He shall organize in the department a division of standards, a division on the necessaries of life, a division of occupational hygiene, and such other divisions as he may from time to time determine. He shall prepare for the consideration of the assistant commissioner and the associate commissioners rules and regulations for the conduct of the department and all other rules and regulations which the department is authorized by law to make, and they shall, except as otherwise provided, take effect when approved by the associate commissioners and the assistant commissioner, or upon such date as they determine. The commissioner may designate the assistant commissioner or an associate commissioner to discharge the duties of the commissioner during

his absence or disability. [1912; last amended 1941.]

Sec. 4. Appointees.

The commissioner, assistant commissioner and associate commissioners may, with the approval of the governor and council, appoint not more than six directors and may, with like approval, remove them. One of them, to be known as the director of standards and necessaries of life, shall have charge of the division of standards and the division on the necessaries of life, and each of the others shall be assigned to take charge of a division, other than the division of unemployment compensation or its successor. The commissioner may employ, for periods not exceeding ninety days, such experts as may be necessary to assist the department in the performance of any duty imposed upon it by law, and such employment shall be exempt from chapter thirtyone [Civil Service]. Except as otherwise provided, the commissioner may employ and remove such inspectors, investigators, clerks and other assistants as the work of the department may require. [1835; last amended 1941.]

Sec. 5. Same: Employment requirements.

All directors, inspectors and other permanent employees of the department shall devote their whole time to the affairs of the department; and all directors and inspectors and such other employees as may be designated by the commissioner shall, before entering upon their duties, be sworn to the faithful performance thereof. The number of inspectors heretofore authorized by law may be increased only with the approval of the governor and council. Except as otherwise provided, the commissioner, assistant commissioner and associate commissioners shall determine from time to time how many of the inspectors employed shall be women. [1859; last amended 1935.]

Sec. 8. Director of standards and necessaries of life: Duties.

The director of standards and necessaries of life shall, in addition to the powers and duties conferred and imposed upon him by law, perform such other duties as may be assigned to him by the commissioner. [1919; last amended 1939.]

Sec. 9. Inspectors of standards; bonds; penalty for hindering director or inspector.

Inspectors of standards appointed under section four shall aid the director in the performance of his duties, shall have all necessary powers therefor and shall give bond for the faithful performance of their duties. Whoever hinders, obstructs or in any way interferes with the director or an inspector in the performance of any official duty imposed by law shall, except as otherwise provided, be punished by a fine of not more than three hundred dollars or by imprisonment for not more than two months. [1859; last amended 1935.]

Annotated Laws (1946), Vol. III, Title XV, Ch. 98-Weights and Measures.

Sec. 1. Definitions.

In this chapter [Secs. 1-57] the following words, unless a different meaning is required by the context or is specifically prescribed, shall have the following meanings:

"Director", director of standards and necessaries of life of the department of labor and industries. "Deputy", deputy sealer of weights and measures. "Inspector", inspector of standards.

"Sealer", sealer of weights and measures.

"Weighing or measuring device", all weights, measures, scales, balance beams, vibrating steelyards, and weighing or measuring devices used for weighing or measuring any commodity bought, sold or exchanged or for hire or reward, computing scales and other devices having a device for indicating or registering the price as well as the weight or measure of a commodity offered for sale, taximeters and other forms of measuring devices used upon vehicles for determining the cost of transportation; and all machines and other forms of measuring devices used or intended to be used for determining the measurement of leather bought, sold or offered for sale. [1907; last amended 1939.] Sec. 2. Relation of avoirdupois pound to troy pound.

The avoirdupois pound shall bear to the troy pound the relation of seven thousand to five thousand seven hundred and sixty. The hundred weight shall contain one hundred avoirdupois pounds, and the ton twenty hundredweight. [1894]

Sec. 3. State standards.

The following weighing and measuring devices now in the custody of the director shall be the sole authorized standards, except as provided in sections four, nine and ten of this chapter, and in section one of chapter ninety-nine [metric system], and with the standards supplied under authority of said sections shall be called the state standards: a set of dry measures consisting of one half-bushel, eight, four, two and one quarts, one pint and one-half pint; a set of liquid measures consisting of one gallon, two and one quarts, one pint, two and one gills; a set of apothecaries' liquid measures consisting of one gallon, four, two and one pints, twelve, eight, six, four, three, two and one ounces, four, two and one drams, ten and five minims; a set of avoirdupois weights consisting of fifty, twenty-five, twenty, ten, five, four, three, two and one pounds, eight, six, four, three, two and one ounces, eight, six, four, three, two and one drams; a set of troy weights consisting of five thousand, three thousand, two thousand, one thousand, five hundred, three hundred, two hundred, one hundred, fifty, thirty, twenty, ten, five, three, two and one pennyweights, ten, six, five, four, three, two and one grains, one

half a grain, twelve, ten, six, five, four, three, two and one ounces, five tenths, four tenths, three tenths, two tenths, one tenth, five one-hundredths, four one-hundredths, three one-hundredths, two one-hundredths, one one-hundredth, five one-thousandths, four one-thousandths, three one-thousandths, two one-thousandths, one one-thousandth, five ten-thousandths, four ten-thousandths, three ten-thousandths, two ten-thousandths and one tenthousandth of an ounce; a set of apothecaries' weights consisting of twelve, six, two and one ounces; a set of apothecaries' weights consisting of twelve, six, two and one ounces, four, two and one drams, two and one scruples, ten, five, four, three, two and one grains, one half, one quarter and one tenth grains; a yard measure and three sets of balances.

Such standards shall be kept by the director, and he shall, at least once in five years, cause them to be compared with the standards of the United States government, and, if necessary, corrected to agree therewith. [1647; last amended 1920.] Sec. 4. Additional state standards; replacements.

The state standards shall also include all weighing and measuring devices received from the United States under the resolution of congress approved June fourteenth, eighteen hundred and thirty-six, and all other weighing and measuring devices received from the United States as standard weights and measures, and such as have been or shall be supplied by the commonwealth and certified by the national bureau of standards. Weighing and measuring devices procured to replace the standards shall be preserved in the same form and of the same dimensions as required of said standards, and the denominations thereof shall be marked thereon. [1799; last amended 1920.]

Sec. 5. Municipal standards.

Towns shall keep the following standard weights, measures and balances: A set of avoirdupois weights consisting of fifty, twenty-five, twenty, ten, five, four, two and one pounds, and eight, four, two, one, one half, one quarter, one eighth and one sixteenth ounces; a set of dry measures consisting of one halfbushel, one eight-quart, one four-quart, one twoquart, one one-quart, one pint and one half-pint; a set of liquid measures consisting of one gallon, one half-gallon, one quart, one pint, one half-pint and one gill; one balance; one yard measure; and each town hereafter incorporated shall be furnished by the director with a complete set of the foregoing standards. Each city and each shire town shall keep the meter and kilogram and the standard troy weights designated by the director. [1647; last amended 1920.]

Sec. 6. Safe keeping of municipal standards.

Town treasurers shall, at the expense of the towns, provide therein accessible places for the safe