Title 10, Chapter 1, Section 159
( 10-1-159)
(a) It shall be the duty of the inspectors provided for in this part
to familiarize themselves with the accuracy and adjusting devices on
the various makes of self-measuring pumps in use; and they shall
carefully inspect all of such pumps located in the territory
assigned to them. (b) All such pumps found to be giving accurate measure within the
tolerance established by regulations of the Commissioner of
Agriculture shall have the adjusting device sealed with an official
lead and wire seal applied by an inspector duly authorized by the
Commissioner of Agriculture in such a manner that the adjustment
cannot be altered without breaking the seal. (c) If any pump shall be found to be giving inaccurate measure in
excess of the tolerance established by regulations of the
Commissioner of Agriculture, the inspector shall then and there
notify the operator of the pump, whether owner or lessee, to make
the necessary adjustments, the inspector to lend his assistance with
the standard measure provided for testing such pumps. After the
adjustments have been made, the adjusting devices shall be sealed in
the manner provided for those pumps found originally accurate. The
inspector shall notify the operator, whether owner or lessee, of
every pump that apparently has been altered for the purpose of
giving short measure in excess of eight ounces on a measure of five
gallons or that cannot be adjusted within a range of eight ounces,
either over or under, on a measure of five gallons that it must
immediately be adjusted, the inspector to lend his assistance with
the standard measure for testing such pumps. Should the operator
fail or refuse to then and there make such adjustments as shall be
necessary to bring the measure within the allowed variation, the
same shall be condemned and rendered inoperable immediately by the
inspector examining the same; and such pump shall not again be
operated without the written consent of the Commissioner of
Agriculture. Inspectors shall be required to report to the
Commissioner of Agriculture immediately the name and number of all
pumps condemned and rendered inoperable. (d) When any pump shall be condemned under this part by any
inspector, it shall be the duty of the inspector immediately to make
affidavit before the judge of the probate court of the county in
which the pump is located that the pump is being operated by the
person who shall be named in the affidavit, contrary to law.
Thereupon the judge of the probate court shall issue an order to the
person named in the affidavit to show cause before him on the day
named in the order, not more than ten days nor less than three days
from the issuance of the order, why the pump should not be
confiscated and dismantled. On the day named in the order, it shall
be the duty of the judge of the probate court to hear the respective
parties and to determine whether or not the pump has been operated
contrary to the provisions of this part. If the judge of the probate
court shall find that the pump has been so operated, he shall
forthwith issue an order adjudging the pump to be forfeited and
confiscated to the state and direct the sheriff of the county to
dismantle the pump and take it into his possession, and, after ten
days' notice by posting or publication, as the court may direct, to
sell the pump to the highest bidder for cash. The proceeds of sale,
or as much thereof as may be necessary, shall be used by the
sheriff, first, to pay the costs, which shall be the same as in
cases of attachment, and the sheriff shall thereupon pay over and
deliver the residue, if any, to the person from whose possession the
pump has been taken. (e) It shall be unlawful to install or operate any self-measuring
pump which can be secretly manipulated in such manner as to give
short measure. Such inaccurate self-measuring pump shall be
condemned as provided in this Code section, and thereafter it shall
be unlawful for any person to sell any kerosene or gasoline from
such pump until such pump has been made or altered to comply with
this part and has been inspected and approved for service by the
inspector. (f) It shall be unlawful for anyone to break a seal applied by an
inspector to a pump without first securing consent of the
Commissioner of Agriculture, which consent may be given through one
of the duly authorized inspectors. |