SEC. 2.

(This paragraph is the same as the paragraph in sec. 2

of the original act within the brackets. See p. 961.)

Each inspector shall report in writing, at least once every month, to the chief of the State bureau of standards, upon blanks furnished by the chief. Such report shall contain: (1) The number of tests made since the last preceding report. (2) The number of weights, measures, and balances found by such tests to be correct. (3) The number of weights, measures, and balances found by such tests to be false. (4) The number of prosecutions instituted by such inspector since the last preceding report, together with the name of the accused, the title of the court where prosecution was instituted, and the result of such prosecution. (5) Such other matters as the chief may, from time to time, prescribe.

The inspectors shall take charge of and safely keep the proper standards. They shall be furnished by the chief of the bureau of standards of this Commonwealth with full specifications of tolerances and allowances to be used by them in the performance of their duties. Each inspector shall have power, within his respective jurisdiction, to test all instruments and devices used in weighing or measuring anything sold or to be sold, and seal the same, if found to be correct. Such test shall include all appliances connected or used with such instruments or devices. For the purpose of making such test, each inspector, at any reasonable time and without formal warrant, may enter upon any premises; and may, on any public highway, stop any vendor or dealer, or the agent or servant of such vendor or dealer, or stop any vehicle used in delivering any commodity which is weighed or measured as delivered. He may condemn and mark as condemned, or may seize, any false or illegal instrument or device used, or intended to be used, in weighing or measuring. If he shall seize any such instrument or device, he shall retain possession thereof until it shall have been used as evidence in any prosecution under the laws of this Commonwealth relating to weights and measures or to the sale of commodities. After the determination of such prosecution the false or illegal instrument or device shall be destroyed, unless otherwise ordered by the proper court.

SEC. 3. That sec. 3 of said act, which reads as follows: (here follows sec. 3 of the act of 1911, see p. 961), is amended to read as follows:

SEC. 3. Each person who shall, directly or indirectly, or by his servant or agent, or as the servant or agent of another, violate any of the provisions of this act, or give or offer to give any false weight or measure, or use any weighing device after it shall have been condemned and before it shall have been adjusted and sealed, or obstruct or attempt to obstruct any inspector in the performance of his duty, shall be guilty of a misdemeanor. Upon conviction thereof such person shall, for the first offense, be sentenced to pay a fine not to exceed twenty-five dollars; for the second offense shall be sentenced to pay a fine not exceeding fifty dollars, and for each subsequent offense such person shall be sentenced to pay a fine of not more than one hundred dollars or to undergo an imprisonment in the proper county jail for not more than thirty days, or both, in the discretion of the court. In default of the payment of any fine, as aforesaid, the person convicted shall be sentenced to serve one day in jail of the proper county for each dollar of the fine and costs. (This paragraph is the same as the paragraph in sec. 3 of the original act within the brackets. See p. 961.)

**

SEC. 4. All acts or parts ofacts, general, local or special, inconsistent with any of the provisions of this act, are hereby repealed.

ANNOTATIONS.

AUTHORITY OF INSPECTORS OVER SCALES.

The inspectors provided for by this act have no jurisdiction in regard to automatic weighing scales for the purpose of weighing persons only, nor over scales used by mining companies to weigh coal for the purpose of determining the wages payable to miners.

Inspectors of Weights and Measures, In re (Opinion of Attorney General), 24 Pa. Dist. Rep. 79, p. 80.

INSTRUMENTS FOR WEIGHING COAL.

LAWS 1917, P. 799.

JULY 11, 1917.

AN ACT to further amend an act, approved May 11, 1911, entitled "An act, etc. (same as in sec. 1), by including instruments and devices for weighing at coal mines. SEC. 1. Be it enacted, etc.:

That the second section of an act, approved May 11, 1911 (P. L. 275), entitled "An act to provide for the appointment of county and city inspectors of weights and measures; providing for their compensation and expense; prescribing their duties; prohibiting vendors from giving false or insufficient weights; and fixing the penalties for the violation of the provisions hereof," which, as amended by an act approved July 24, 1913 (P. L. 960), entitled "An act to amend an act, approved May 11, 1911, entitled 'An act to provide for the appointment of county and city inspectors of weights and measures; providing for their compensation and expenses; prescribing their duties; prohibiting vendors from giving false or insufficient weights; and fixing the penalties for the violation of the provi sions hereof,'" reads as follows: (here follows sec. 2 of the act of 1913), is further amended to read as follows:

SEC. 2. That all county and city inspectors so appointed shall be supplied, at the expense of their respective counties and cities, with standard tests of weights and measures, in conformity with those established by the Government of the United States or the bureau of standards of the State and the laws of this Commonwealth; and to insure the accuracy of these tests they shall be compared with the standard tests to be purchased by the Secretary of Internal Affairs, and, when so compared and their correctness established, they shall be so stamped or marked in such manner as may be established by the rules and regulations hereinbefore referred to, to be put in force by said Secretary of Internal Affairs and approved by the governor of the Commonwealth.

Each inspector shall report in writing at least once every month to the chief of the State bureau of standards upon blanks furnished by the chief. Such report shall contain: (1) The number of tests made since the last preceding report. (2) The number of weights, measures, and balances found by such tests to be correct. (3) The number of weights, measures, and balances found by such tests to be false. (4) The number of prosecutions instituted by such inspector since the last preceding report, together with the name of the accused, the title of the court where the prosecution was instituted, and the result of such prosecution. (5) Such other matters as the chief may, from time to time, prescribe.

The inspectors shall take charge of and safely keep the proper standards. They shall be furnished by the chief of the bureau of standards of this Commonwealth with full specifications of tolerances and allowances to be used by them in the performance of their duties. Each inspector shall have power, within his respective jurisdiction, to test all instruments and devices used in

weighing or measuring anything sold or to be sold, including instruments and devices for weighing at coal mines, and seal the same if found to be correct. Such test shall include all appliances connected or used with such instruments or devices. For the purpose of making such test each inspector, at any reasonable time and without formal warrant, may enter upon any premises; and may, on any public highway, stop any vendor or dealer, or the agent or servant of such vendor or dealer, or stop any vehicle used in delivering any commodity which is weighed or measured as delivered. He may condemn and mark as condemned, or may seize, any false or illegal instrument or device used, or intended to be used, in weighing or measuring. If he shall seize any such instrument or device, he shall retain possession thereof until it shall have been used as evidence in any prosecution under the laws of this Commonwealth relating to weights and measures or to the sale of commodities. After the determination of such prosecution, the false or illegal instrument or device shall be destroyed, unless otherwise ordered by the proper court.

WORKMEN'S COMPENSATION ACT.

WORKMEN'S COMPENSATION-PROPOSED AMENDMENT TO
CONSTITUTION.

LAWS 1913, P. 1484.

A JOINT RESOLUTION proposing an amendment to section 21 of Article III of the constitution of Pennsylvania.

LAWS 1915, P. 1103.

A JOINT RESOLUTION proposing an amendment to section 21 of Article III of the constitution of Pennsylvania.

NOTE. The proposed amendment of 1913 and 1915 is the same.

SEC. 1. Be it resolved by the Senate and House of Representatives of the Commonwealth of Pennsylvania in general assembly met, That the following amendment to the constitution of the Commonwealth of Pennsylvania be, and the same is hereby, proposed, in accordance with the eighteenth article thereof: Amend section 21, Article III of the constitution of the Commonwealth of Pennsylvania, which reads as follows:

"No act of the general assembly shall limit the amount to be recovered for injuries resulting in death, or for injuries to persons or property, and, in case of death from such injuries, the right of action shall survive, and the general assembly shall prescribe for whose benefit such actions shall be prosecuted. No act shall prescribe any limitations of time within which suits may be brought against corporations for injuries to persons or property, or for other causes different from those fixed by general laws regulating actions against natural persons, and such acts now existing are avoided," so that it shall read as follows: The general assembly may enact laws requiring the payment of employers, or employers and employees jointly, of reasonable compensation for injuries to employees arising in the course of their employment, and for occupational diseases of employees, whether or not such injuries or diseases result in death, and regardless of fault of employer or employee, and fixing the basis of ascertainment of such compensation and the maximum and minimum limits thereof, and providing special or general remedies for the collection thereof; but in no other cases shall the general assembly limit the amount to be recovered for injuries resulting in death, or for injuries to persons or property, and in case of death from such injuries, the right of action shall survive, and the general assembly shall prescribe for whose benefit such actions shall be prosecuted. No act shall prescribe any limitations of time within which suits may be brought against corporations for injuries to persons or property, or for other causes, different from those fixed by general laws regulating actions against natural persons, and such acts now existing are avoided.'

1 This proposed amendment to the constitution was submitted to the voters of the State at the election held November 2, 1915, and was adopted.

GENERAL ACT.

LAWS 1915, P. 736.

JUNE 2, 1915.

AN ACT defining the liability of an employer to pay damages for injuries received by an employee in the course of employment; establishing an elective schedule of compensation; and providing procedure for the determination of liability and compensation thereunder.

NOTE. The section numbers are given as found in the original act as passed.
ART. I. Interpretation and definition.

ART. II. Defining the liability of an employer in an action at law for damages for personal injury to an employee and abolishing in whole or in part certain defenses thereto. (Page 968.)

ART. III. Establishing a system of compensation by agreement; prescribing the method by which such agreement shall be made and terminated; defining the injuries for which compensation is payable, the persons to whom it is payable, its amount, and the condition under which and the manner in which it is payable. (Page 968.)

ART. IV. Providing a procedure for the determination and settlement of claims for compensation. (Page 976.)

ART. V. General provisions. (Page 981.)

ARTICLE I.

INTERPRETATION AND DEFINITION.

SEC. 1. Be it enacted, etc.,

That this act shall be called and cited as the workmen's compensation act of 1915, and shall apply to all accidents occurring within this Commonwealth, irrespective of the place where the contract of hiring was made, renewed, or extended, and shall not apply to any accident occurring outside of the Commonwealth.

SEC. 102. Wherever in this act the singular is used, the plural shall be included; where the masculine gender is used, the feminine and neuter shall be included.

SEC. 103. The term "employer as used in this act is declared to be synonymous with master, and to include natural persons, partnerships, jointstock companies, corporations for profit, corporations not for profit, municipal corporations, the Commonwealth, and all governmental agencies created by it. SEC. 104. The term 66 employee" as used in this act is declared to be synonymous with servant, and includes all natural persons who perform services for another for a valuable consideration, exclusive of persons whose employment is casual in character and not in the regular course of the business of the employer, and exclusive of persons to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, or repaired, or adapted for sale, in the worker's own home, or on other premises not under the control or management of the employer.

SEC. 105. The term "contractor" as used in article two, section two hundred and three, and article three, section three hundred and two (b), shall not include a contractor engaged in an independent business, other than that of supplying laborers or assistants, in which he serves persons other than the employer in whose service the accident occurs, but shall include a subcontractor to whom a principal contractor has sublet any part of the work which such principal contractor has undertaken.

SEC. 106. The exercise and performance of the powers and duties of a local or other public authority shall, for the purposes of this act, be treated as the trade or business of the authority.