Pennsylvania Act 1945-100 — REGULATING THE SALE OF SECOND HAND WATCHES

Act text

REGULATING THE SALE OF SECOND HAND WATCHES
                 Act of Apr. 12, 1945, P.L. 221, No. 100              Cl. 12
                                  AN ACT

     To regulate the sale of second-hand watches and providing
        penalties.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  As used in this act.--
        1.  "Person" means an individual, firm, partnership,
     association, or corporation engaged in the business of selling
     watches.
        2.  "Consumer" means a person who buys for his own use, or
     for the use of another, but not for resale.
        3.  A "second-hand watch" means: (a)  A watch which, as a
     whole or the case thereof, or the movement thereof, has been
     sold to a customer, except that a watch which has been so sold
     and is thereafter returned within a period of six months from
     the date of the original sale, either through an exchange, or
     for credit, to the same person who sold the watch to the
     consumer shall not be deemed to be a second-hand watch. For the
     purpose of this act, if the vendor keeps a written record
     setting forth the name and address of the consumer, the date of
     the sale to the consumer, the name of the watch or its maker,
     and the serial number, if any, on the case and the movement of
     the watch or other distinguishing numbers for identification
     marks, such record to be kept for at least three years from the
     date of the sale of the watch; or
        (b)  Any watch, whose case, or movement, serial numbers, or
     other distinguishing numbers, or identification marks, have been
     erased, defaced, removed, altered, or covered.
        Section 2.  Any person who sells, exchanges, offers to sell,
     or exchange, exposes or displays for sale, or exchange, or
     possesses, with intent to sell, or exchange, a second-hand
     watch, shall affix and keep affixed to the same a tag with the
     words "second-hand" legibly written or printed thereon in the
     English language.
        Section 3.  Any person who sells a second-hand watch shall
     deliver to the vendee a written invoice, setting forth the name
     and address of the vendor, the name and address of the vendee,
     the date of the sale, the name of the watch or its maker, and
     the serial numbers, if any, or other distinguishing numbers, or
     identification marks on its case and movement. If the serial
     numbers, or other distinguishing numbers, or identification
     marks, have been erased, defaced, removed, altered, or covered,
     this shall be set forth in the invoice. A duplicate of the
     invoice shall be kept on file by the vendor of the second-hand
     watch for at least one year from the date of the sale thereof.
        Section 4.  Any person advertising, or displaying in any
     manner, second-hand watches for sale, shall state clearly in
     such advertising, or display, that the watches so advertised are
     second-hand watches.
        Section 5.  Violation of any of the provisions of this act is
     a misdemeanor, and upon conviction thereof, shall be punished by
     imprisonment in the county jail for not more than one (1) year,
     or by fine of not more than five hundred dollars ($500.00).