Introduced By: Representative Watson
Date Introduced : February 2, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 47-5 of the General Laws entitled "Gauging of Casks" is hereby repealed in its entirety.
{DEL 47-5-1. Method of gauging. -- DEL} {DEL All casks
which shall be gauged in this state shall be gauged by the method
or rule commonly called "gauging by Gunter", computing
the gallon at two hundred thirty-one (231) cubic inches. Care
shall be taken to ascertain, as near as may be practicable, the
true average of the head and bung diameter, also of the internal
length of the cask; its mean diameter shall be ascertained in
accordance with the principles laid down in the work on the subject
of gauging by Daniel Anthony, published in Providence in the year
1817. DEL}
{DEL 47-5-2. Fees -- Marking of casks. -- DEL} {DEL The
fees for gauging a single cask shall be twenty-five cents (25/c),
and for gauging any number of casks not exceeding ten (10), ten
cents (10/c) each, and for any number above ten (10), seven cents
(7/c) each; the gauger who shall gauge any cask shall fairly mark
with branding irons or marking irons on the head or bulge of each
cask the initials of his name and the quantity of the gauge or
capacity of the cask. DEL}
{DEL 47-5-3. Gauging by person not holding office. -- DEL} {DEL
Every person, not holding the office of gauger, who shall put
upon any cask any gauge or other permanent mark to denote the
capacity of the cask, or who shall exercise the office of gauger
or business of gauging, shall forfeit one hundred dollars ($100)
for each offense; but nothing contained in this section shall
be so construed or held as to apply to the sale of petroleum or
any of its products by weight or for exportation from the state. DEL}
{DEL 47-5-4. Sale of commodities by gauge made other
than by appointed gauger. -- DEL} {DEL Every person who shall sell
any commodity by any gauge or gauge mark, which shall not have
been made by a gauger appointed under this chapter, shall forfeit
the value of the commodity sold. DEL}
{DEL 47-5-5. Gauger and deputies for Providence. -- DEL} {DEL
The city council of the city of Providence may, whenever it deems
it expedient, appoint for the city a gauger, who may appoint under
him or her such deputy gaugers as the city council may approve,
and for the official conduct of the deputies he or she shall be
answerable. The gaugers shall be subject to such regulations as
the city council may establish not repugnant to law. DEL}
{DEL 47-5-6. Federal gauges. -- DEL} {DEL Nothing in this
chapter shall be so construed as to prevent the sale of any commodity
under the lawful gauge or gauge mark of the United States by the
inspector of the commodity. DEL}
SECTION 2. Chapter 47-9 of the General Laws entitled "Grain and Salt" is hereby repealed in its entirety.
{DEL 47-9-1. Election of town and city measurers. -- DEL} {DEL
The towns of Bristol, Warren, West Warwick, East Greenwich, and
North Kingstown shall, and any other towns may, at any annual
meeting for the choice of town officers, elect, in each of these
towns, respectively, not exceeding two (2) persons to be measurers
of grain and salt. The city councils of the several cities, at
the time of the election of city officers, shall, respectively,
elect at least two (2) measurers for the cities. DEL}
{DEL 47-9-2. Deputies and assistants. -- DEL} {DEL The
measurers may appoint as many deputy measurers and employ as many
assistants as they may deem expedient, who shall be engaged to
the faithful performance of their duties. DEL}
{DEL 47-9-3. Measurement and certification of imported
grain and salt. -- DEL} {DEL The measurers shall measure or cause
to be measured in their presence, and shall certify the measure,
of all corn, rye, oats, barley, and other grain and salt imported
into the town from without the limits of the state, which shall
be sold and delivered from any vessel or watercraft or any railroad
car in the town, in any quantity exceeding twenty-five (25) bushels
at one sale, to one person or company. DEL}
{DEL 47-9-4. Standard bushel. -- DEL} {DEL In the sale
of Indian corn and rye, the Indian corn and rye shall be estimated
at the rate of fifty-six (56) pounds to the bushel, barley at
the rate of forty-eight (48) pounds to the bushel, and oats at
the rate of thirty-two (32) pounds to the bushel. In the sale
of Indian meal or rye meal by weight, the Indian meal or rye meal
shall be estimated at the rate of fifty (50) pounds to the bushel.
Every person who shall sell a less number of pounds for a bushel
shall be fined ten dollars ($10.00). DEL}
{DEL 47-9-5. Fees of measurers. -- DEL} {DEL The measurers
shall receive a compensation, for every bushel of grain or salt
aforesaid by them measured and certified, where the grain or salt
shall exceed one hundred fifty (150) bushels, one-half of one
cent (1/2/c) per bushel, and for any quantity less than one hundred
fifty (150) bushels, one cent (1/c) per bushel, to be paid by
the vendor upon the tender of the certificate of the measurers,
the vendor charging one-half (1/2) of the same to the purchaser,
unless otherwise by them agreed; but no measurer shall be entitled
to receive more than one-half of one cent (1/2/c) per bushel for
measuring whenever the quantity shall exceed one hundred fifty
(150) bushels, delivered from the same vessel or any car. DEL}
{DEL 47-9-6. Sale of imported grain or salt without measurement.
-- DEL} {DEL Every person who shall sell and deliver from any vessel,
watercraft, or railroad car in those towns any grain or salt in
a quantity exceeding twenty-five (25) bushels, at one sale and
delivery, without having the grain or salt duly measured and certified
as aforesaid by one of the measurers, or shall refuse to permit
a measurer or deputy to measure the articles when sold from any
watercraft or railroad car, shall forfeit fifty dollars ($50.00)
for each offense, one-half (1/2) thereof to the use of the person
who shall sue for the same and one-half (1/2) thereof to the use
of the town where the offense shall be committed. DEL}
{DEL 47-9-7. Measurement in domestic transaction on demand
by parties. -- DEL} {DEL The measurers or their deputies shall measure
and certify aforesaid in all cases of sale and delivery of the
articles in the towns where they are appointed, in quantity aforesaid,
from any store or other places of selling in the towns, whenever
a dispute shall arise between the seller and purchaser, if called
on for that purpose by either party, for which duty they shall
receive the same compensation, and payable in like manner, as
provided in section 47-9-5. DEL}
{DEL 47-9-8. Neglect of duty by measurers. -- DEL} {DEL
Every measurer or deputy measurer who shall, after being duly
requested to perform any of the duties prescribed by this chapter
and after tender of his or her fees therefor, refuse or neglect
to do so, shall forfeit ten dollars ($10.00) for each offense,
one-half (1/2) thereof to the person who shall sue therefor and
one-half (1/2) thereof to the use of the town where the neglect
occurred. DEL}
{DEL 47-9-9. Sales by customhouse measure or by weight.
-- DEL} {DEL
Nothing in this chapter shall be so construed as to
apply to or affect the sale, delivery, or measuring of any of
the articles aforesaid, in the sale whereof it shall have been
contracted by the seller and purchaser that the articles shall
be sold and delivered at customhouse measure, the articles being
measured under the inspection of a customhouse inspector, or to
the sale of grain where the contract is that it shall be delivered
by weight. DEL}
SECTION 3. Chapter 47-10 of the General Laws entitled "Cotton" is hereby repealed in its entirety.
{DEL 47-10-1. Election of town and city weighers. -- DEL} {DEL
Weighers of cotton may be annually elected by the city council
of the city of Providence and of the city of Newport, and by the
town councils of the several towns, respectively. DEL}
{DEL 47-10-2. Cotton sold to be weighed. -- DEL} {DEL
All
cotton sold in the state, unless otherwise specially agreed, shall
be weighed by the weighers so chosen. DEL}
{DEL 47-10-3. Marking and certification of weight of
bales. -- DEL} {DEL
The weighers of cotton shall correctly weigh
and record in a book to be kept for that purpose, the weight of
each bale of cotton, with the marks and numbers of the bales,
and shall mark upon every bale, in plain figures, the weight of
the bale, and shall make a certificate of each lot of cotton,
which certificate shall specify the marks, numbers, and weight
of each bale. DEL}
{DEL 47-10-4. Certificate fees. -- DEL} {DEL The certificate
shall be given to the seller of the cotton, and the weigher shall
be paid for weighing and marking the cotton, on the delivery of
the certificate, eight cents (8/c) per bale; and for every duplicate
certificate of not exceeding one hundred (100) bales, fifty cents
(50/c), and fifty cents (50/c) for every additional one hundred
(100) bales. DEL}
SECTION 4. Chapter 47-11 of the General Laws entitled "Neat Cattle" is hereby repealed in its entirety.
{DEL 47-11-1. Appointment of town and city weighers.
-- DEL} {DEL The town councils of the several towns and cities shall,
annually, in the month of April, appoint not less than two (2)
persons, for the purpose of weighing neat cattle slaughtered for
sale in their respective towns; provided, however, that in the
city of Providence, the city council shall so appoint not less
than six (6) persons, and in the city of Newport, not less than
three (3) persons shall be appointed. DEL}
{DEL 47-11-2. Parts of cattle deemed weighable. -- DEL} {DEL
The following parts of all neat cattle purchased by the hundredweight
(100 lbs.) or slaughtered by any person, that person having contracted
to account for the parts of the cattle to the owner or seller
of the cattle, shall be denominated "weighable"; namely,
the whole of the several four (4) quarters, the hide, horns, and
tallow. DEL}
{DEL 47-11-3. Failure to weigh and account for weighable
parts. -- DEL} {DEL Every person slaughtering or weighing any neat
cattle, and being obliged to account for the slaughter to the
owner or seller thereof as provided in section 47-11-2, who shall
not weigh and account for all those parts of the cattle denominated
weighable, shall forfeit for every offense twenty dollars ($20.00). DEL}
{DEL 47-11-4. Weighing of parts -- Deduction for green
weight. -- DEL} {DEL The town weighers of neat cattle shall weigh
all parts of the cattle made weighable by section 47-11-2, deducting
therefrom for green weight not more than two pounds ( 2 lbs.)
for every one hundred pounds (100 lbs.) of the weight thereof. DEL}
{DEL 47-11-5. Fees of weighers. -- DEL} {DEL The fees of
the weigher shall be twenty-five cents (25/c) per head for all
cattle weighed, one-half (1/2) part of which shall be paid by
the seller and one-half (1/2) part thereof by the buyer. DEL}
SECTION 5. Chapter 47-13 of the General Laws entitled "Fish" is hereby repealed in its entirety.
{DEL 47-13-1. Standard barrel and half barrel. -- DEL} {DEL
Whenever fish are sold by measure for manure they shall be measured
in a barrel or half barrel, the barrel containing twenty-eight
(28) gallons and the half barrel fourteen (14) gallons, which
shall be sealed by a sealer of weights and measures. DEL}
{DEL 47-13-2. Sealing of nonstandard measure. -- DEL} {DEL
Every sealer of weights and measures who shall seal any barrel
or half barrel, which shall contain a quantity less than prescribed
in section 47-13-1, shall be fined one hundred dollars ($100). DEL}
{DEL 47-13-3. Use of unsealed measure. -- DEL} {DELEvery
person who shall measure any fish sold by measure in any barrel
or half barrel not sealed according to the provisions of this
chapter, shall be fined fifty dollars ($50.00) for each offense. DEL}
SECTION 6. This act shall take effect upon passage.
