Section 78. Whoever makes or sells, or offers for sale or disposes of, or has in his possession with intent so to do, any article constructed in whole or in part of gold or alloy of gold, or of any metal resembling gold, having marked thereon or upon any tag or label attached thereto, or upon any package, cover or wrapper in which such article is enclosed or wrapped, any word or mark indicating or designed or intended to indicate that the gold or alloy of gold in said article, or in the plating, surface or any other part of said article is of a greater degree or carat of fineness by more than one carat than the actual quality or fineness of such gold or alloy of gold, or any so-called gold filled, rolled gold plated or electro gold plated article having marked thereon, or upon any tag or label attached thereto, or upon any package, cover or wrapper in which such article is enclosed or wrapped, any word or mark indicating or designed or intended to indicate that the gold or alloy of gold upon such article is of a greater percentage of weight of the article by more than one per cent than the actual percentage of gold or alloy of gold, shall be punished by a fine of not more than five hundred dollars. The word or mark upon the article or upon the tag or label attached thereto, or upon the package, cover or wrapper in which such article is enclosed, shall be held to apply to the whole article, all the gold, alloys, solder and base metals being assayed as one piece, unless the word or mark plainly indicates that it applies to the plating, surface or other particular part of such article.
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