/

DEPARTMENT OF COMMERCE

BUREAU OF STANDARDS

George K. Burgess, Director

MISCELLANEOUS PUBLICATION No. 20

FEDERAL AND STATE LAWS

RELATING TO

WEIGHTS AND MEASURES

* THIRD EDITION

[Superseding ** State and National Laws Concerning the Weights and | Measures of the United States*' (second edition), printed in 1912 J

REVISED BY WILLIAM PARRY, BUREAU OF STANDARDS

UNDER THE DIRECTION OF F. S. HOLBROOK, COCHIEF, DIVISION OF

WEIGHTS AND MEASURES, BUREAU OF STANDARDS

August, 1926

PRICE $2.30

Sold only by the Superintendent of Documents, Government Printing Office Washington, D. C.

UNITED STATES

GOVERNMENT PRINTING OFFICE WASHINGTON

1926
CONTENTS

Page Introduction 1 Federal laws and regulations concerning weights and measures 5 Laws of the States, Territories, and possessions of the United States

relating to weights and measures 47

Page

Alabama 47 Alaska 60 Arizona 61 Arkansas 78

California 94 Colorado 125

Connecticut 135 Delaware 149

District of Columbia, _ 162

Florida 173 Georgia 179 Hawaii 190 Idaho 193

Illinois 206

Indiana 230 Iowa 257 Kansas 268

Kentucky 287

Louisiana 298

Maine 313

Maryland 334

Massachusetts 347 Michigan 392 Minnesota 410

Mississippi 429

Missouri 437

Montana 451

Page

Nebraska 475

Nevada 494

New Hampshire 510

New Jersey 525

New Mexico 553

New York 565

North Carolina 578

North Dakota 591 Ohio 603

Oklahoma 626

Oregon 640

Pennsj'lvania 667

Philippine Islands 697

Porto Rico 702 Rhode Island 710

South Carolina 731 South Dakota 749 Tennessee 774 Texas 791

Utah 818

Vermont 830

Virginia 840

Washington 861 West Virginia 881

Wisconsin 895

Wyoming 922

Tables of tlie legal weights (in pounds) of a bushel of various commodities

Appendix 931 Index 948

II
FEDERAL AND STATE LAWS RELATING TO WEIGHTS

AND MEASURES

INTRODUCTION

Section VIII of Article I of the Constitution of the United States

authorizes Congress to " fix the standard of weights and measures,*'

but notwithstanding that the importance of the subject was repeatedly urged by Washington, Adams, and Jefferson in their messages

to Congress, no general legislation has ever been enacted by that

body in regard to the weights and measures now in common use. At the time of the American Revolution the weights and measures

in common use were supposed to be identical with those then in use

in England and the standards were of English origin. Most of

them had been procured from time to time by the Colonies from

Great Britain, and although it v/as well known that there were

variations in those of the same denomination, it was not until 1.830 that the matter received attention from Congress. At this time an

investigation of the weights and measures in use in the various cus- tomhouses was ordered by a resolution of the Senate. As a result

of this investigation the avoirdupois pound, the yard of 36 inches,

the wine gallon of 231 cubic inches, and the Winchester bushel of

2,150.42 cubic inches were adopted by the Treasury Department, and

the construction of copies of the standards thus established v'-is immediately undertaken in order to supply the customhouses with

uniform weights and measures. In 1836 a joint resolution of Congress directed the Secretary of

the Treasury to deliver to the governor of each State in the Union

a complete set of all the weights and measures adopted as standards

by that department, to the end that a uniform standard of weights

and measures might be established throughout the United States. At the time of the passage of the act of July 28, 1866, legalizing

the use of the metric system in the United States, Congress, by a

joint resolution, directed that the Secretary of the Treasury furnish

to each State, to be delivered to the governor thereof, one set of

standard weights and measures of the metric system for the use of

the States, respectively. Some 15 yeavs later Congress further

directed that the Secretary of the Treasury cause a complete set of

all the weights and measures adopted as standards to be delivered

to the governor of each State in the Union for the use of agricultural colleges in the States, respectively, which had received a grant

of lands from the United States. Nearly all of the States and land-grant colleges have been supplied with complete sets of standards in accordance with the reso- lutions mentioned, and in the case of many States those supplied

1
2 LAWS CONCERNING WEIGHTS AND MEASUEES

have been adopted by legislative action as the standards of such

States. The fundamental standards of our customary system—the

pound, yard, gallon, and bushel—are therefore, in general, uniform

throughout the Union. The practice, however, in regard to the use of the two units last mentioned and their subdivisions differs materially. In some States the gallon of certain commodities is defined

as a definite number of pounds. For instance, 11 pounds of sorghum

molasses is a legal gallon in Indiana and Mississippi and 12 pounds

in North Carolina, South Carolina, and Tennessee; 6^^ pounds of

kerosene in Kansas and 7^ pounds of linseed oil in Ohio constitute a legal gallon. The volumes defined by these legal weights do not accord with the true volume of the gallon.

In many of the States the legal bushel of certain commodities is specified in pounds. In the cases of a few commodities the weight

established is uniform throughout the country, but in the large

majority of cases two or more different weights, which may vary

widely from each other, are fixed for the same commodity. Special

bushels have also been legally established in many States for particular products such as the charcoal bushel, which in Connecticut

is 2,748 cubic inches, in Colorado, 2,500 cubic inches, and in Pennsylvania, 2,571 cubic inches. In Vermont " one bushel and threequarters of a peck are deemed a bushel of lime or ashes," while

a lime bushel in Ohio is 2,688 cubic inches. In Pennsylvania the

coke bushel is 2,648 cubic inches, while in Missouri it is 2,680 cubic

inches. Some States require, furthermore, " struck measure," others

" heaped measure," the heap sometimes being required to be " as high as the article will admit," and elsewhere " as high as may be

without special effort or design," and in still other cases, as in Connecticut, the heaped bushel is definitely fixed as 2,564 cubic inches.

The ton of coal is in most States fixed at 2,000 pounds, while two

or three specify 2,240 pounds.

Such diversity as is illustrated above causes confusion in the commerce among the different States, and a remedy is highly desirable. It is the general opinion among weights and measures

officials that the use of the bushel as a measure of quantity should

be discontinued and that commodities commonly sold by this unit

should be sold by weight. Several States have enacted legislation

to this end within the past few years. A law passed by Congress in 1866 made the use of the metric sys- tem lawful throughout the United States in all conmiercial trans- actions and established tables for use in the construction of contracts, and in all legal proceedings, for expressing in customary

weights and measures, the weights and measures of the metric system.

Until 1893 the British imperial yard and pound were recognized

by the Treasury Department as the standards of the United States,

but in this year it was decided that greater stability and higher

accuracy would be obtained by accepting the international meter

and kilogram as the fundamental standards of the United States,

by reason of the superior character of the copies of these standards

which had shortly before this time been received from the Inter- national Bureau of Weights and Measures, in which organization

the United States Government had been officially participating since

1870. The yard was, therefore, defined as a certain fraction of
INTKODUCTION 3

the meter and the pound as a certain fraction of the kilogram, the

3600

values adopted being 1 yard = ggg^ meter, and 1 pound avoirdupois = 2 20462234 ^^^"^e^^"^- ^^^^ action did not in any way alter

the values of our customary weights and measures, but simply fixed

them in terms of standards that represented the highest development of metrology.

On July 1, 1913,1 Bureau of Standards recognized the international metric carat of 200 milligrams as the unit of weight

for diamonds and other precious stones', and tliereafter used this

value for the purpose of certification of all carat weights submitted

to the bureau for test. On the same date the Treasury Department

began the use of this unit in the customs service for the levying of

import duties on precious stones, and it was also put into connnercial

use in the United States by practically all of the dealers in gems

and precious stones. During the past 15 years great advancement has been made in

weights and measures legislation, both from the standpoint of

securing laws providing greater protection to the merchants and

the purchasing public and from the standpoint of uniformity in

the laws of the various States. Among the reasons for this it may

be stated that there has been an awakening on the part of the purchasing public to the losses sustained by the use in trade of false or incorrect weights and measures, and manufacturers and shippers

have come to realize that imfair competition is bovmd to result from

the lack of proper weights and measures supervision in the sale of commodities.

The present compilation of weights and measures laws is the third one published by the Bureau of Standards, the first having been

issued in 1904 and the second in 1912. This compilation revises

and brings up to date the latter publication. Bureau of Standards

Miscellaneous Publication No. 20, State and National Laws Concerning the Weights and Measures of the United States, which, on

account of the large number of laws enacted subsequent to its issuance has become entirely out of date. There have been added

certain regulations and other material relating to weights and measures, which it is believed will be of value and interest in this connection.

The enactment of weights and measures legislation has in general

been left by Congress to the several States, but in a few instances

Congress has deemed it expedient and necessary for the better con- duct of the large and ever-increasing commerce among the States to enact certain laws affecting weights and measures in interstate commerce. This legislation has a very important bearing upon the commercial life of the Nation in bringing about uniformity, efficiency,

and economy in the distribution of supplies.

The laws and material pertinent thereto contained in the present

publication are not published as a whole elsewhere, and much of'the material is quite inaccessible to those concerned. There has been a continuing demand for a revised compilation, and it is believed that

1 See Circular No. 43, The Metric Carat, p. 3.
4 LAWS CONCERNING WEIGHTS AND MEASURES

this publication will present subject matter of great value, especially

to State and local officials charged with the enforcement of weights

and measures laws, and to manufacturers and shippers whose busi- ness is affected by these laws. The compilation should tend to create a better imderstanding of the scope and operation of the weights

and measures laws, both Federal and State, to secure a more strict observance of these statutes, and to promote uniformity in weights

and measures enactments.

Weights and measures, in general, is so broad a subject that in

searching the statute books it is inevitable that many laws will be

found which, while dealing in a general way with weights and measures, are but remotely concerned with regulatory activities. Obviously, it is both undesirable and impracticable to incorporate all such legislation in this compilation, and consequently all material

has been rejected unless its inclusion seemed clearly warranted.

Also in some instances there have been omitted from the compilation

certain laws which, while they may be technically in effect, are actually obsolete. Again, when session laws repealed former statutes,

either directly or by imjDlication, care has been exercised to omit all repealed legislation and to make all necessary corrections and appropriate explanations.

This compilation is intended to bring the weights and measures

laws as nearly up to date as practicable, and inclucles the session laws

of 1925. The latest authorized codes and compiled statutes were

consulted; or, in the absence of such authorized works, the latest generally accepted compiled statutes were taken. Legislation passed

subsequent to these works was taken from the session laws on file in

the library of the Supreme Court of the United States. In some instances no side titles were given in the publication from

which the law was taken, and in these cases side titles have been supplied for convenience of reference. In other cases it has been neces- sary to change the side titles in order to give a clearer idea of the

subject matter selected. It is not within the scope of this work to give a complete history of the acts; but in consulting a compilation

of this kind it is usually desirable and often important to know when

a particular section was enacted or last amended, and an endeavor has

been made to give this information. This has been done by putting

after the section number, in parentheses, the date of enactment, thus

(1878), or, in the case of an amended section, by putting the letter a " before the date of the last amendment, thus (al914) . If a section was amended subsequently to the issuance of the code or statutes in

which it is found, such amendment is noted after the section number,

as, for example, " Sec. 2376, as amended by Laws, 1917, ch. 60, p. 125."

Such notice of amendment applies only to the particular section indicated. The date appearing immediately after a section number

applies to that section and to those which follow until another date

is given. A degree mark appearing immediately following the section

number, thus, " Sec. 491°," is used to indicate that the date of enact- ment of the section has not been found, and this mark applies to

sections following until another date appears. Wliere reference is made to the session laws, the year such laws were passed is always

given in the reference, and it is therefore unnecessary to duplicate

the year by putting it after the section number.
FEDERAL LAWS AND REGULATIONS CONCERNING WEIGHTS

AND MEASURES

UNITED STATES

Const. IT. S., Art. I. Sec. 8, par. 5 (1787). National standard of weights and measures.

The Congress shall have Power * * * To coin Money, regulate

the Value thereof, and of foreign Coin, and fix the Standard of

Weights and Measures;

31 Stat., ch. 872, p. 1449.

Sec. 1 (1901). Establishment of the National Bureau of Standards.

The Office of Standard Weights and Measures shall hereafter be

known as the National Bureau of Standards.

Sec. 2. Custody of standards; comparisons; construction of standards;

tests; investigations.—That the functions of the bureau shall consist

in the custody of the standards; the comparison of the standards

used in scientific investigations, engineering, manufacturing, commerce, and educational institutions with the standards adopted or recognized by the Government; the construction, when necessary, of standards, their multiples and subdivisions; the testing and

calibration of standard measuring apparatus; the solution of problems which arise in connection with standards; the determination

of physical constants and the properties of materials, when such

data are of great importance to scientific or manufacturing interests

and are not to be obtained of sufficient accuracy elsewhere.

Sec. 3. For whom its functions may be exercised.—That the bureau

shall exercise its functions for the Government of the United

States; for any State or municipal government within the United

States; or for any scientific society, educational institution, firm,

corporation, or individual within the United States engaged in

manufacturing or other pursuits requiring the use of standards or standard measuring instruments. All requests for the services of the

bureau shall be made in accordance with the rules and regulations

herein established.

Sec. 5, as amended by act of March 4, 1911. Director; powers and duties; annual report; bulletins of information.—That the director shall be

appointed by the President, by and with the advice and consent of

the Senate. He shall have the general supervision of the bureau,

its equipment, and the exercise of its functions. He shall make an

annual report to the Secretary of the Treasury,^ including an abstract of the work done during the year and a financial statement. He may issue, when necessary, bulletins for public distribution, con- taining such information as may be of value to the public or facili- tate the bureau in the exercise of its functions. Hereafter in the case of the absence of the Director of the Bureau of Standards, the

Secretary of Commerce and Labor ^ may designate some officer of

said bureau to perform the duties of the director dui-ing his absence.

1 By the act of Congress establishing the Department of Commerce and Labor, the National Bureau of Standards was transferred to the new department. Subsequently

this department was divided into two departments, namely, the Department of Commerce and the Department of Lalx)r, the National Bureau of Standards being placed under the former. The word " Commerce " should therefore be substituted for

" Treasury " and " Commerce and Labor " wherever occurring in the act. 5
6 LAWS CONCERNING WEIGHTS AND MEASURES

Sec. 6. Appointments.—That the officers and employees provided for

by this act, except the director, shall be appointed by the Secretary

of the Treasury,^ at such time as their respective services may become

necessary.

Sec. 8. Fees for tests, etc.—That for all comparisons, calibrations,

tests, or investigations, except those performed for the Government

of the United States or State governments within the United States, a reasonable fee shall be charged, according to a schedule submitted

by the director and approved by the Secretary of the Treasury.^

Sec. 9. Regulations.—That the Secretary of the Treasury ^ shall,

from time to time, make regulations regarding the payment of fees,

the limits of tolerance to be attained in standards submitted for

verification, the sealing of standards, the disbursement and receipt

of moneys, and such other matters as he may deem necessary for

carrying this act into effect.

Sec. 10. Visiting committee.—That there shall be a visiting committee of five members, to be appointed by the Secretary of the Treasury,^ to consist of men prominent in the various interests involved,

and not in the employ of the Government. This committee shall

visit the bureau at least once a year, and report to the Secretary of

the Treasury,^ upon the efficiency of its scientific work and the condition of its equipment. The members of this committee shall serve without compensation, but shall be paid the actual expenses incurred

in attending its meetings. The period of service of the members of

the original committee shall be so arranged that one member shall

retire each year, and the appointments thereafter to be for a period

of five years. Appointments made to fill vacancies occurring other

than in the regular manner are to be made for the remainder of the

period in which the vacancy exists. 5 Stat., p. 133; Joint Resolution of Congress, June 14, 1836. Resol/oed l)y the Senate and House of Representatives of the United

States of America in Congress assembled, That the Secretary of the

Treasury be, and he hereby is, directed to cause a complete set of all weights and measures adopted as standards and now either made or

in progress of manufacture for the use of the several customhouses,

and for other purposes, to be delivered to the governor of each State

in the Union, or such person as he may appoint for the use of the

States, respectively, to the end that a uniform standard of weights

and measures may be established throughout the United States,

)A Stat., p. 369; Joint Resolution of Congress, July 27, 1866. Standard weights and measures of the metric system to be furnished

to the States.Be it resolved by the Senate and House of Representatives of the United States of AmeHca in Congress asseinhled^

That the Secretary of the Treasury be, and he is hereby, authorized

and directed to furnish to each State, to be delivered to the governoi'

thereof, one set of standard weights and measures of the metric

system for the use of the States, respectively.

21 Stat., p. 521 Joint Res. No. 26, (1881).

Standard weights and measures; for agricultural colleges; for the

Smithsonian Institution.

Resolved by the Senate and House of Rep-

» See footnote 1, p. 5.
UNITED STATES 7

resentatives of the United States of America in Congress o^seynMed,

That the Secretary of the Treasury be, and he is hereby, directed to cause a complete set of all the weights and measures adopted as standards to be delivered to the governor of each State in the Union, for

the use of agricultural colleges in the States, respectively, which have

received a grant of lands from the United States, and also one set of

the same for the use of the Smithsonian Institution : Provided, That

the cost of each set shall not exceed two hundred dollars, and a sum

sufficient to carry out the provisions of this resolution is hereby appropriated out of any money in the Treasury not otherwise appropriated.

26 Stat., ch. 667, p. 242.

Sec. 1 (1890). Repairs to standard weights and measures.—* * * hereafter such necessary'' repairs and adjustments shall be made to the standards furnished to the several States and Territories as may

be requested by the governors thereof, and also to standard

weights and measures that have been, or may hereafter be, supplied

to United States customhouses and other offices of the United

States, under act of Congress, when requested by the Secretary of

the Treasury. * * *, 28 Stat., ch. 301, p. 383.

Sec. 1 (1894). Replacing lost standard weights and measures.—The

Secretary of the Treasury * * * ig * * * authorized and

directed to furnish precise copies of standard weights and measures

bearing the seal of the office of construction of standard weights

and measures of the United States, and accompanied by a suitable

certificate, to any State, Territory, or institution heretofore furnished

with the same, upon ajDplication in writing by the governor in the

case of a State or Territory, or by the official head in the case of an institution, setting forth that the copies of standards applied for

are to replace similar ones heretofore furnished, in accordance with

law, by the office of construction of standard weights and measures

of the United States which have been lost or destroyed : Provided^

That the applicant shall, before the said standards are delivered,

first deposit with the Secretary of the Treasury the amount of money

necessary to defray all expenses incurred by the office of construction of standard weights and measures in furnishing the same, which

amount shall be covered into the Treasury of the United States to the credit of miscellaneous receipts, as soon as the weights or measures are delivered for transportation into the hands of such persons

as are designated by the officers ordering the same.

XI. S. Coast and Geodetic Survey, Bulletin 26, Apr. 5, 1893; yard and

pound to be derived from meter and kilogram.—* * * the Office of

"Weights and Measures,^ with the approval of the Secretary of the

Treasury, will in the future regard the International Prototype

Metre and Kilogramme as fundamental standards, and the customary

units, the yard and the pound, will be derived therefrom in

accordance with the act of July 28, 1866. R. S. 3569 (1866).

The metric system authorized.—It shall be lawful throughout the

United States of America to employ the weights and measures of

• Now the National Bureau of Standards.
8 LAWS CONCERNING WEIGHTS AND MEASUKBS

the metric system; and no contract or dealing, or pleading in any

court, shall be deemed invalid or liable to objection because the

weights or measures expressed or referred to therein are weights or measures of the metric system.

E. S. 3570 (1866).

Authorized tables of weights and measures; equivalents established.

The tables in the schedule hereto annexed shall be recognized in the

construction of contracts, and in all legal proceedings, as establishing,

in terms of the weights and measures now in use in the United States,

the equivalents of the weights and measures expressed therein in

terms of the metric system ; and the tables may lawfully be used for

computing, determining, and expressing in customary weights and

measures the v/eights and measures of the metric system.

Tables of units. MEASURES OF LENGTH

Metric denominations and values Equivalents in denominations in use

Kilometer - Hectometer Dekameter

Meter

Decimeter

Centimeter

Millimeter

- 10,000 meters.

1,000 meters.

100 meters.

10 meters.

1 meter. iVofa meter.

. -.- TOTj of a meter.

ro'-os of a meter.

6. 2137 miles.

0. 62137 miles, or 3,280 feet and 10 inches. 328 feet and 1 inch.

393. 7 inches.

39. 37 inches.

3. 937 inches.

0. 3937 inch.

0. 0394 inch. MEASURES OF CAPACITY

Metric denominations and values Equivalents in denominations in use

Names

Kiloliter or stere. Hectoliter Dekaliter

Liter. Deciliter.-

Centiliter

Milliliter

Number

of liters

1,000

100

10

1

Cubic measure Dry measure

1 cubic meter..

of a cubic meter.

.

10 cubic decimeters..

1 cubic decimeter

nr of a cub. decimete.

10 cubic centimetersr,

1 cubic centimeter...

1. 308 cub. yards

2 bushels and 3.35 pecks

9. 08 quarts

0. 908 quart— , 6. 1022 cub. inch

0.6102 cub. inch

0. 061 cub. inch

Liquor or wine

measure

264. 17 gallons.

26. 417 gallons.

2. 6417 gallons.

1. 0S67 quarts.

0. 845 gill.

0. 338 fluid ounce.

0. 27 fluid dram. MEASURES OF SURFACE

Metric denominations and values Equivalents in denominations in use

Hectare Are C entare

10,000 square meters.

100 square meters.

1 square meter.

2. 471 acres.

119. 6 square yards.

1, 550 square inches. WEIGHTS

Metric denominations and values Equivalents in de- nominations in use

Names Number of grams

MiUier or tonneau

Quintal Myriagram..

Kilogram or kilo.. Hectogram Dekagram Gram

Decigram

Centigram..

Milligram

1, 000, 000

100, 000

10, 000

1, 000

100

10

1 A

Weight of what quantity of water at maximum density Avoirdupois

weight

1 cubic meter

1 hectoUter

10 liters

1 liter

1 deciliter 10 cubic centimeters

1 cubic centimeter

ro of a cubic centimeter.

10 cubic millimeters

1 cubic millimeter

2204. 6 pounds.

220. 46 pounds.

22.046 pounds.

2. 2046 pounds.

3. 5274 ounces.

0. 3527 ounce.

15. 432 grains.

1. 5432 grains.

0. 1543 grain.

0. 0164 grain.
UNITED STATES 9

28 Stat., ch. 131, p. 102.

Sec. 1 (1894). Legal units of electrical measure established.—* * * from and after the passage of this act the legal units of electrical measure in the United States shall be as follows

Unit of resistance, ohm.—First. The unit of resistance shall be what

is known as the international ohm, which is substantially equal to one thousand million units of resistance of the centimeter-gramsecond system of electromagnetic units, and represented by the

resistance offered to an unvarying electric current by a column of

mercury at the temperature of melting ice fourteen and four thousand five hundred and twenty-one ten-thousandths grams in mass,

of a constant cross-sectional area, and of the length of one hundred

and six and three-tenths centimeters.

"Unit of current, ampere.—Second. The unit of current shall be what

is known as the international ampere, which is one-tenth of the unit

of current of the centimeter-gram-second system of electromagnetic

units, and is the practical equivalent of the unvarying current,

which, when passed through a solution of nitrate of silver in water

in accordance with standard specifications, deposits silver at the

rate of one thousand one hundred and eighteen millionths of a gram

per second.

Unit of electromotive force, volt.—Third. The unit of electromotive

force shall be what is known as the international volt, which is the

electromotive force that, steadily applied to a conductor whose resist- ance is one international ohm, will produce a current of an international ampere, and is practically equivalent to * one thousand

fourteen-hundred-and-thirty-fourths of the electromotive force between the poles or electrodes of the voltaic cell known as Clark's

cell, at a temperature of fifteen degrees centigrade, and prepared in

the manner described in the standard specifications.

Unit of quantity, coulomb.—Fourth. The unit of quantity shall be

what is known as the international coulomb, which is the quantity

of electricity transferred by a current of one international ampere

in one second.

Unit of capacity, farad.—^Fifth. The unit of capacity shall be what

is known as the international farad, which is the capacity of a con- denser charged to a potential of one international volt by one international coulomb of electricity.

Unit of work, joule.—Sixth. The unit of work shall be the joule,

which is equal to ten million units of work in the centimeter-gramsecond system, and which is practically equivalent to the energy

expended in one second by an international ampere in an international ohm.

Unit of power, watt.—Seventh. The unit of power shall be the watt,

which is equal to ten million units of power in the centimeter- gramsecond system, and which is practically equivalent to the work done

at the rate of one joule per second.

Unit of induction, henry.—Eighth. The unit of induction shall be

the henry, which is the induction in a circuit when the electromotive

force induced in this circuit is one international volt while the inducing current varies at the rate of one ampere per second.

* Equivalent to
10 LAWS CONCEENING WEIGHTS AND MEASUKES

Sec. 2. Specification for practical use of units.—That it shall be the

duty of the National Academy of Sciences to prescribe and publish,

as soon as possible after the passage of this act, such specifications

of details as shall be necessary for the practical application of the

definitions of the ampere and volt hereinbefore given, and such

specifications shall be the standard specifications herein mentioned.'^

Metric Convention;" International Bureau of Weights and Measures. His Excellency the President of the United States of America, His

Majesty the Emperor of Germany, His Majesty the Emperor of

Austria-Hungary, His Majesty the King of the Belgians, His Majesty the Emperor of Brazil, His Excellency the President of the

Argentine Confederation, His Majesty the King of Denmark, His

Majesty the King of Spain, His Excellency the President of the

French Republic, His Majesty the King of Italy, His Excellency the

President of the Republic of Pei'u, His Majesty the King of Portugal and the Argarves, His Majesty the Emperor of all the Russias,

His Majesty the King of Sweden and Norway, His Excellency the

President of the Swiss Confederation, His Majesty the Emperor of

the Ottomans, and His Excellenc}' the President of the Republic of

Venezuela, desiring international uniformity and precision in standards of weight and measure, have resolved to conclude a convention to this effect, and have named as their plenipotentiaries the fol- lowing: * *

* "Who, after having exhibited their full powers, which were found

to be in good and due form, have agreed upon the following articles

:

Article 1, The high contracting parties engage to establish and

maintain, at their common expense, a scientific and permanent international bureau of weights and measures, the location of which shall be at Paris.

Art. 2. The French Government shall take all the necessary measures to facilitate the purchase, or, if expedient, the construction, of

a building which shall be especially devoted to this purpose, subject

to the conditions stated in the regulations which are subjoined to

this convention.

Art. 3. The operation of the international bureau shall be under

the exclusive direction and sujjervision of an international committee

of weights and measures, which latter shall be under the control of

a general conference for weights and measures, to be composed of

the delegates of all the contracting Governments.

Art. 4. The general conference for weights and measures shall be

presided over by the president for the time being of the Paris Academy of Sciences.

Art. 5. The organization of the bureau, as well as the formation

and the powers of the international conunittee, and of the general

conference for weights and measures, are established by the regulations subjoined to this convention.

" See Bulletin No. 2, Bureau of Standards, for detailed specifications herein pro- vided for.

« Metric convention (translation) signed at Paris, May 20, 1875; ratification advised by the Senate, May 15, 1878; ratified by the President, May 28, 1878; ratifications exchanged, August 2, 1878 ; proclaimed, September 27, 1878 : As amended by the convention signed at Sevres, October 6, 1921 ; ratification advised by the Senate, January

5, 1923 ; ratified by the President, September 19, 192.3 ; ratification of the United States, deposited with the Government of the French Republic, October 24, 1923 ; proclaimed, October 27, 1923.
UNITED STATES 11

Art. 6. The international bureau of weight and measures shall be

charged with the following duties:

First. All comparisons and verifications of the new prototypes of

the meter and kilogram.

Second. The custody of the international prototypes.

Third. The periodical comparison of the national standards with

the international prototypes and with their test copies, as well as comparisons of the standard thermometers.

Fourth. The comparison of the prototypes with the fundamental

standards of nonmetrieal weights and measures used in different

countries for scientific purposes.

Fifth. The sealing and comparison of geodesic measuring bars. Sixth. The comparison of standards and scales of precision, the

verification of which may be requested by governments or by scientific societies, or even by constructors or men of science.

Art. 7. After the committee shall have x^roceeded with the work

of coordinating the measures relative to electric units and when the

general conference shall have so decided by a unanimous vote, the

bureau will have charge of the establishment and keeping of the

standards of the electric vmits and their test copies and also of comparing v/ith those standards, the national or other standards of

precision.

The bureau is also charged with the duty of making the determinations relative to physical constants, a more accurate knowledge

of which may be useful in increasing precision and further insuring

uniformity in the provinces to which the above-mentioned units

belong (article 6 and first paragraph of article 7). It is finally charged with the duty of coordinating similar determinations effected in other institutions. Art. 8. The international prototypes and standards and also their

test copies shall be deposited in the bureau; access to the deposit

shall be solely reserved for the international committee.

Art. 9. The entire expense of the construction and outfit of the

international bureau of weights and measures, together with the

annual cost of its maintenance and the expenses of the committee,

shall be defrayed by contributions from the contracting states, the

amount of which shall be computed in proportion to the actual population of each.

Art. 10. The amounts representing the contributions of each of the

contracting States shall be paid at the beginning of each year, through the ministry of foreign affairs of France, into the Gaisse

de depots et consignations at Paris, whence they may be drawn as occasion may require, upon the order of the director of the bureau.

Art. 11. Those Governments Avhich may take advantage of the

privilege, open to every State, of acceding to this convention shall be required to pay a contribution, the amount of which shall be

fixed by the committee on the basis established in article 9, and which

shall be devoted to the improvement of the scientific apparatus of

the bureau.

Art, 12. The high contracting parties reserve to themselves the

power of introducmg into the present convention, by common consent, any modifications the propriety of which may have been shown

by experience.
12 LAWS CONCEBNING WEIGHTS AND MEASURES

Art. 13. At the expiration of twelve years this convention may be

abrogated by any one of the high contracting parties, so far as it is concerned.

Any Government which may avail itself of the right of terminating

this convention, so far as it is concerned, shall be required to give

notice of its intentions one year in advance, and by so doing shall renounce all rights of joint ownership in the international prototypes

and in the bureau. * * *_ Appendix No. 1 (translation), Kegulations.

Article 1. The international bureau of weights and measures shall be established in a special building, possessing all the necessary safe- guards of stillness and stability. It shall comprise, in addition to the vault, which shall be devoted

to the safe-keeping of the prototypes, rooms for mounting the comparators and balances; a laboratory, a library, a room for the ar- chives, workrooms for the employes, and lodgings for the watchmen

and attendants.

Art. 2. It shall be the duty of the international committee to acquire and fit up the aforesaid building and to set in operation the

work for which is was designed.

In case of the committee's inability to obtain a suitable building one shall be built under its directions and in accordance with its plans.

Art. 3. The French Government shall, at the request of the international committee, take the necessary measures to cause the

bureau to be recognized as an establishment of public utility. Art. 4. The international committee shall cause the necessary in- struments to be constructed, such as comparators for the standards of

line and end measures, apparatus for the determination of absolute

dilatations, balances for weighing in air and in vacuo, comparators

for geodetic measuring bars, etc. Art. 5. The entire expense incurred in the purchase or construction of the building, and in the purchase and placing of the instruments and apparatus, shall not exceed 400,000 francs.

Art. 6. The annual appropriation for the international bureau

consists of two parts, one of which is fixed, the other complementary.

The fixed part is, in principle, 250,000 francs, but on the unanimous

vote of the committee may be raised to 300,000 francs. It is borne

by all the States and autonomous colonies that adhei'ed to the meter

convention before the sixth general conference.

The complementaiy part is made up of contributions from the

States and autonomous colonies that joined the convention after the

aforesaid general conference. The committee is charged with the

duty of drawing up on the motion of the director the annual budget,

but without exceeding the amount computed in accordance with the

provisions of the two paragraphs above. The budget is made known

every year by means of a special financial report to the Governments

of the high contracting parties.

If the committee find it necessary either to increase beyond 300,000

francs the fixed part of the annual appropriation or to modify the

computation of the contributions as determined by article 20 of

these regulations, it should lay the matter before the Governments

so as to enable them to issue in good time the needed instructions
UNITED STATES 13

to their delegates to the next general conference in order that the

said conference may deliberate to good purpose. The decision will

stand only in the case that no opposition shall have been expressed

before or in the conference by any of the contracting States. If the State should let three years go without paying its contribution, that contribution shall be divided among the other States

proportionally to their own contribution. The additional sum thus

paid by the States to make up the whole of the appropriation of the

bureau shall be regarded as an advance to the delinquent State and

shall be reimbursed to them if that State should make good its arrears. The advantages and prerogatives conferred by adhering to the meter convention are suspended in the case of States that have

been delinquent three years. After three more years the delinquent State shall be expelled from

the convention and the reckoning of the contributions restored in

accordance with the provisions of article 20 of these regulations.

Art. 7. The general conference mentioned in article 3 of this con- vention shall be at Paris, upon the summons of the international

committee, at least once every six years.

It shall be its duty to discuss and initiate measures necessary for

the dissemination and improvement of the metrical system, and to pass upon such new fundamental metrological determinations as may

have been made during the time when it was not in session. It shall receive the report of the international committee concerning the

work that has been accomplished, and shall replace one-half of the

international committee by secret ballot. The voting in the general conference shall be by States; each

State shall be entitled to one vote. Each of the members of the international committee shall be

entitled to a seat at the meetings of the conference. The}^ may at the same time be delegates of their Governments.

Art. 8. The international committee mentioned at article 3 of the

convention shall be composed of 18 members all from different States. At the time of the renewal by halves of the international committee the outgoing members shall be first those who may have been

provisionally elected to fill vacancies between two sessions of the

conference; the others will be drawn by lot. Outgoing members

may be reelected.

Art. 9. The international committee organizes itself by electing by

its own secret vote its chairman and secretary. Those appointments

are notified to the Governments of the high contracting parties.

The chairman and the secretary of the committee and the director

of the bureau must belong to different countries.

Once organized, the committee can not hold other elections or make other appointments except before three months shall have

elapsed after the notice of a vacancy calling for a vote shall have

been given to all the members.

Art. 10. The international committee directs all the metrological

works that the high contracting parties shall decide to have carried on jointly. It is also charged with the duty of seeing to the conservation of

the international prototypes and standards.

It may, lastly, institute the cooperation of specialists in questions

of metrology and coordinate the results of their work.
14 LAWS CONCERNING WEIGHTS AND MEASURES

Art. 11, The committee shall meet at least once in two years.

Art. 12. The balloting in the committee is by a majority vote;

in case of a tie vote the chairman has the casting vote. Decisions are only valid if the members present are at least one

half of the elected members forming the committee.

Subject to that condition absent members have a right to delegate

their votes to present members Avho must prove that they have been

so delegated. This also applies to appointments by secret ballot. The director of the bureau is a nonvoting member of the committee.

Art. 13. During the interval occurring between two sessions the

committee shall have the right to discuss questions by correspondence.

In such cases, in order that its resolutions may be considered to have been adopted in due form, it shall be necessary for all the members of the committee to have been called upon to express their

opinions.

Art. 14. The international committee for weights and measures

shall provisionally fill such vacancies as may occur in it; these elec- tions shall take place by correspondence, each of the members being

called upon to take part therein.

Art. 15. The international committee will draw up a detailed set of regulations for the organization and work of the bureau and will

fix the dues to be paid for the extraordinary works provided by

articles 6 and 7 of the convention.

Those dues will be applied to improving the scientific equipment

of the bureau. A certain amount may be drawn annually for the

retirement fund from the total dues collected by the bureau.

Art. 16. All communications from the international committee to the Governments of the high contracting parties shall take place

through the diplomatic representatives of such countries at Paris.

For all matters requiring the attention of the French authorities,

the committees shall have recourse to the ministry of foreign affairs

of France.

Art. 17. A regulation drawn up by the committee will determine

the maximum staff for each category of the personnel of the bureau.

The director and his assistants shall be elected by secret ballot by

the international committee. Other appointments shall be notified to the Governments of the high contracting parties. The director

will appoint the other members of the personnel within the bounds

laid by the regulation mentioned in the first paragraph above.

Art. 18. The director of the bureau shall have access to the place

where the international prototypes are deposited only in pursuance

of a resolution of the committee and in the presence of at least one

of its members. The place of deposit of the prototypes shall be

opened only by means of three keys, one of which shall be in the

possession of the director of archives of France, the second in that

of the chairman of the committee, and the third in that of the

director of the bureau.

The standards of the class of national prototypes alone shall be

used for the ordinary comparing work of the bureau.

Art. 19. The director of the bureau shall annually furnish to the

committee: First, a financial report concerning the accounts of the

preceding year, which shall be examined, and if found correct, a
UNITED STATES 15

certificate to that effect shall be given him ; second, a report on the

condition of the apparatus; third, a general report concerning the

work accomplished during the course of the year just closed. The international committee shall make to each of the Governments of the high contracting parties an annual report concerning

all its scientific, technical, and administrative operations, and

concerning those of the bureau. The chairman of the committee

shall make a report to the general conference concerning the work

that has been accomplished since its last session.

The reports and publications of the committee shall be in the

French language. They shall be printed and furnished to the Governments of the high contracting parties.

Art. 20. The scale of contributions spoken of in article 9 of the

convention is established for its fixed part on the basis of the appropriation referred to in article 6 of the present regulations and of the

population; the normal contribution of each State can not be less than five to a thousand nor more than 15 per cent of the whole appropriation, regardless of the population. In order to establish that

scale, it shall first be found which are the States that are in the conditions required for the minimum and maximum and the remainder

of the quota shaU be distributed among the other States in the direct

ratio of their population.

The quota thus reckoned stands for the whole time included

between two consecutive general conferences and can only be modified in the meanwhile in the following cases

(a) If one of the adhering States allows three successive years to pass without making its payments;

(&) When, on the contrary, a State which had been previously

delinquent for more than three years paj^s up its arrears, and the

occasion arises to return to the other Governments the advances

made by them.

The complementary contribution is computed on the same basis

of i^opulation and is like that which the States that have long

belonged to the convention pay under the same conditions.

If after adhering to the convention a State declares it would like

to extend the benefits thereof to one or more of its colonies that are not autonomous, the number of the population of the said colonies

would be added to that of the State in reckoning the scale of contributions.

AVhen a colony that is recognized as autonomous shall desire to adhere to the convention, it will be regarded with respect to its admission into the convention and as the mother country may

decide, either as a dependency of that mother country or as a contracting State.

Art. 21. The expense of constructing the international prototypes

and the standards and test copies which ax'e to accompany them shall be defrayed by the high contracting parties in accordance with the

."^cale fixed in the foregoing article. The amounts to be paid for the comparison and verification of

standards required by States not represented at this convention

shall be regulated by the committee in conformity with the rates

fixed in virtue of article 15 of the regulations.

517—26 2
16 LAWS CONCERNING WEIGHTS AND MEASUBES

Art. 22. These regulations shall have the same force and value

as the convention to which they are annexed. * *

* Appendix No. 2 (translation), Transient Provisions.

[The text of these provisions is omitted since they no longer have

any significance.]

Metric Carat. Circular No. 43, Bureau of Standards, issued November 1, 1913.—Beginning July 1, 1913, the Bureau of Standards will recognize the

international metric carat of 200 milligrams as the unit of weight for

diamonds and other precious stones and will use this unit for the

purposes of certification of all carat weights submitted to the bureau

for test. Treasury Department order, June 17, 1913, to collectors and other

officers of the customs.—On and after July 1, 1913, the unit of weight

for imported diamonds, pearls, and other precious stones will be

the metric carat of 200 milligrams.

Collectors at ports now equipped with scales for weighing precious

stones will make requisition for a new set of weights based upon such

carat. Eegulations for the Government of the U. S. Public Health Service, ap- proved by the President, August 29, 1920.

Par. 516. Use of metric system required.—Officers shall, for all official, medical, and pharmacal purposes, make use of the metric system

of weights and measures. Army Regulations.

Regulations 40-590, par. 17-b. Use of metric system for prescriptions.—Pharmacy management. * * * (b) Records.

1. In time of peace and, so far as practicable, in time of war all prescriptions will be written in the metric system. * *

*

37 Stat., ch. 117, p. 732.

Sec. 1 (1913). Pure food regulations amended; packages to be marked

with weight, etc., proviso; variations and exemptions permitted.—That

section eight of an act entitled "An act for preventing the manufacture, sale, or transportation of adulterated or misbranded or poisonous or deleterious foods, drugs, medicines, and liquors, and

for regulating traffic therein, and for other purposes," approved

June thirtieth, nine hundred and six, be, and the same is hereby,

amended by striking out the words " Third. If in package form, and

the contents are stated in terms of weight or measure, they are not

plainly and correctly stated on the outside of the package," and

inserting in lieu thereof the following

:

Third. If in package form, the quantity of the contents be not

plainly and conspicuously marked on the outside of the package

in terms of weight, measure, or numerical count : Provided, however,

That reasonable variations shall be permitted, and tolerances and

also exemptions as to small packages shall be established by rules

and regulations made in accordance with the provisions of section

three of this act.
UNITED STATES 17

Sec. 2. In effect.—That this act shall take effect and be in force

from and after its passage : Provided^ however^ That no penalty of

fine, imprisonment, or confiscation shall be enforced for any violation of its provisions as to domestic products prepared or foreign

products imported prior to eighteen months after its passage.

41 Stat. ch. 26, p. 234, 271 (1919).

Wrapped meats required to have net contents marked.—That the

word " package," where it occurs the second and last time in the act

entitled "An act to amend section 8 of an act entitled, 'An act for

preventing the manufacture, sale, or transportation of adulterated

or misbranded or poisonous or deleterious foods, drugs, medicines,

and liquors, and for regulating traffic therein, and for other purposes,' " approved March 3, 1913, shall include and shall be construed

to include wrapped meats inclosed in papers or other materials as prepared by the manufacturers thereof for sale.

TJ. S, Department of Agriculture, Circular 21, Eighth Revision, Eules and

Regulations for the Enforcement of the Federal Food and Drugs Act,

promulgated May 20, 1922,

Introduction.—The accompanying rules and regulations for the

enforcement of the food and drugs act of June 30, 1906, as amended,

supersede those previously promulgated.

Under date of October 17, 1906, 40 rules and regulations for the

enforcement of the act were adopted. These original 40 regulations

have been amended and modified from time to time by subsequent

decisions, but heretofore their numerical order has not been changed.

The present revision contains but 31 regulations. A few of the original regulations have been dropjaed, several new regulations have

been added, and the numerical order has been changed. * *

* Regulation 26.^—Statement of weight, measure, or count.—(a) Except as otherwise provided by this regulation, a package of food

shall be plainly and conspicuously marked with the quantity of

the contents in terms of weight, measure, or numerical count on the

outside of the container, or of the covering of the package usually

delivered to the consumer.

(&) The quantity of the contents so marked shall be the quantity

of food in the package.

(e) The statement of the quantity of the contents shall be plain

and conspicuous, shall not be a part of or obscured by any legend or

design, and shall be so placed and in such characters as to be readily

seen and clearly legible when the size of the package and the circimi- stances under which it is ordinarily examined by purchasers or consumers are taken into consideration.

{d) The quantity of the contents when stated by weight or measure shall be marked in terms of the largest unit contained in the

package, except that, in the case of an article with respect to which

there exists a definite trade custom for marking the quantity of the

article in terms of fractional parts of larger units, it may be so marked in accordance with the custom. Common fractions shall

be reduced to their lowest terms; fractions expressed as decimals

' Formerly regulation 29.
18 LAWS CONCEEHING WEIGHTS AND MEASTJBES

shall be preceded by zero and shall be carried out to not more than

two places.

(e) Statement of weight shall be in terms of the avoirdupois

pound and ounce; statement of liquid measure shall be in terms of

the United States gallon of 231 cubic inches and its customary subdivisions, i. e., gallons, quarts, pints, or fluid ounces, and shall ex- press the volume of the liquid at 68° F. (20° C.) ; statement of dry measure shall be in terms of the United States standard bushel of

2,150.42 cubic inches and its customary subdivisions, i. e., bushels,

pecks, quarts, or pints, or, in the case of articles in barrels, in terms

of the United States standard barrel and its lawful subdivisions,

i. e., third, half, or three-quarters barrel, as fixed by the act of

March 4, 1915 (38 Stat. 1186) : Provided, That statement of quantity may be in terms of metric weight or measure. Statement of

metric weight shall be in terms of kilograms or grams. Statement

of metric measure shall be in terms of liters or cubic centimeters.

Other terms of metric weight or measure may be used if it appears

that a definite trade custom exists for marking articles with such

other terms and the articles are marked in accordance with the

custom.

(/) The quantity of solids shall be stated in terms of weight

and the quantity of liquids in terms of measure, except that in case of an article in respect to which there exists a definite trade custom

;

otherwise the statement may be in terms of weight or measure in

accordance with such custom. The quantity of viscous or semisolid

foods or of mixtures of solids and liquids may be stated either by

weight or measure, but the statement shall be definite and shall indi- cate whether the quantity is expressed in terms of weight or measure,

as, for example, " weight 12 oz." or " 12 oz. avoirdupois," " volume 12 ounces " or " 12 fluid ounces."

(g) The quantity of the contents shall be stated in terms of

weight or measure unless the package is marked by numerical count

and such numerical count gives accurate information as to the

quantity of the food in the package.

(A) The quantity of the contents may be stated in terms of minimum weight, minimum measure, or minimum count, for example,

" minimum weight 10 oz.," " minimum volume 1 gallon," or " not

less than 4 fl. oz.," but in such case the statement must approximate

the actual quantity and there shall be no tolerance below the stated

minimum.

(i) The following tolerances and variations from the quantity

of the contents marked on the package shall be allowed

:

(1) Discrepancies due exclusively to errors in weighing, measuring, or counting which occur in packing conducted in compliance

with good commercial practice.

(2) Discrepancies due exclusively to differences in the capacity

of bottles and similar containers, resulting solely from unavoidable

difficulties in manufacturing such bottles or containers so as to be

of uniform capacity: Provided, That no greater tolerance shall be

allowed in case of bottles or similar containers which, because of

their design, can not be made of approximately uniform capacity

than is allowed in case of bottles or similar containers which can

be manufactured so as to be of approximately uniform capacity.
UNITED STATES 19

(3) Discrepancies in weight or measure due exclusively to differences in atmospheric conditions in various places and which unavoidably result from the ordinary and customary exposure of

the packages to evaporation or to the absorption of water. Discrepancies under classes (1) and (2) of this paragraph shall be as often above as below the marked quantity. The reasonableness

of discrepancies under class (3) of this paragraph will be determined on the facts in each case.

(j) A package containing one-half avoirdupois ounce of food or

less is " small " and shall be exempt from marking in terms of

weight.

(k) A package containing one fluid ounce of food or less is " small " and shall be exempt from marking in terms of measure.

(l) When a package is not required by paragraph (g) to be

marked in terms of either weight or measure and the units of food

therein are six or less, it shall, for the purpose of this regulation,

be deemed " small " and shall be exempt from marking in terms of

numerical count. 37 Stat., ch. 273, p. 250.

Sec. 1 (1912). Apples, standard barrel established for; proviso; steel barrels.^—That the standard barrel for apples shall be of the fol- lowing dimensions when measured without distention of its parts:

Length of stave, twenty-eight and one-half inches ; diameter of head,

seventeen and one-eighth inches; distance between heads, twentysix inches ; circumference of bulge, sixty-four inches outside measurement, representing as nearly as possible seven thousand and fiftysix cubic inches : Provided^ That steel barrels containing the interior

dimensions provided for in this section shall be construed as a compliance therewith.

Sec. 2. Grades established for apples in interstate, etc., commerce.

That the standard grades for apples when packed in barrels which

shall be shipped or delivered for shipment in interstate or foreign

commerce, or which shall be sold or offered for sale within the District of Columbia or the Territories of the United States shall be

as follows : Apples of one variety, which are well-grown specimens,

hand picked, of good color for the variety, normal shape, practically

free from insect and fungous injury, bruises, and other defects,

except such as are necessarily caused in the operation of packing,

or apples of one variety which are not more than ten per centum

below the foregoing specifications shall be " Standard grade minimum size two and one-half inches," if the minimum size of the apples

is two and one-half inches in transverse diameter ; " Standard grade

minimum size two and one-fourth inches," if the minimum size of

the apples is two and one-fourth inches in transverse diameter; or

" Standard grade minimum size two inches," if the minimum size of

the apples is two inches in transverse diameter.

Sec. 3. Branding of barrels.—That the barrels in which apples are packed in accordance with the provision of this act may be branded

in accordance with section two of this act.

' The provisions of this chapter have been modifled to some extent by the provisions

of the standard barrel law, passed In 1915 (38 Stat., ch. 158, p. 1186), and therefore

this latter act should be consulted in this connection. (See p. 20.)
20 LAWS CONCEENING WEIGHTS AND MEASUBES

Sec. 4. Requirements for barrels; marking.—That all barrels packed

with apples shall be deemed to be below standard if the barrel bears

any statement, design, or device indicating that the barrel is a standard barrel of apples, as herein defined, and the capacity of the barrel

is less than the capacity prescribed by section one of this act, unless

the barrel shall be plainly marked on end and side with words or

figures showing the fractional relation which the actual capacity of

the barrel bears to the capacity prescribed by section one of this act. The marking required by this paragraph shall be in block letters of

a size not less than seventy-two point one-inch gothic.

See. 5. Misbranding; contents below standard; insufficient statement.

That barrels packed with apples shall be deemed to be misbranded

within the meaning of this act

First. If the barrel bears any statement, design, or device indicating that the apples contained therein are " Standard " grade and

the apples when packed do not conform to the requirements pre- scribed hj section two of this act. Second. If the barrel bears any statement, design, or device indicating that the apples contained therein are " Standard " grade and

the barrel fails to bear also a statement of the name of the variety,

the name of the locality where grown, and the name of the packer

or the person by whose authority the apples were packed and the

barrel marked.

Sec. 6. Penalty for violations.—That any person, firm or corporation, or association who shall knowingly pack or cause to be packed

apples in barrels or who shall knowingly sell or offer for sale such

barrels in violation of the provisions of this act shall be liable to a penalty of one dollar and costs for each such barrel so sold or offered

for sale, to be recovered at the suit of the United States in any court

of the United States having jurisdiction.

38 Stat., ch. 158, p. 1186.

Sec. 1 (1915). Fruits, vegetables, etc., standard barrel established for; proviso; cubic capacity accepted; standard barrel for cranberries.^

That the standard barrel for fruits, vegetables, and other dry

commodities other than cranberries shall be of the following dimensions when measured without distention of its parts: Length of

stave, twenty-eight and one-half inches; diameter of heads, seven- teen and one-eighth inches; distance between heads, twenty-six inches; circumference of bulge, sixty-four inches, outside measure- ment; and the thickness of staves not greater than four-tenths of an inch : Provided, That any barrel of a different form having a capacity of seven thousand and fifty-six cubic inches shall be a standard barrel. The standard barrel for cranberries shall be of

the following dimensions when measured without distention of its parts : Length of staves, twenty^-eight and one-half inches ; diameter

of head, sixteen and one-fourth inches; distance between heads,

twenty-five and one-fourth inches; circumference of bulge, fifty-

" This law applies not only in interstate commerce, but to commerce within the states as well, and it appears to be the consensus of opinion of recognized authorities on law that such a law passed by Congress nullifies all State legislation in so far as the

latter is in conflict with it. Hence for a correct interpretation of a State law per- taining to barrels it must be read in connection with this act of Congress. " Lime Is not now included within the purview of this law, since a more recent act (39 Stat., ch. 396, p. 530) has established standard barrels for lime upon a weight

basis (see p. 26)

.
UNITED STATES 21

eight and one-half inches, outside measurement; and the thickness

of staves not greater than four-tenths of an inch.

Sec. 2. Sales in less capacity than standard a misdemeanor; punishment; proviso; exports.—That it shall be unlawful to sell, offer, or expose for sale in any State, Territory, or the District of Columbia,

or to ship from any State, Territory, or the District of Columbia to any other State, Territory, or the District of Columbia or to a foreign country, a barrel containing fruits or vegetables or any other

dry commodity of less capacity than the standard barrels defined in

the first section of this act, or subdivisions thereof known as the

third, half, and three-quarters barrel, and any person guilty of a

willful violation of any of the provisions of this act shall be deemed

guilty of a misdemeanor and be liable to a fine not to exceed $500, or imprisonment not to exceed six months, in the court of the United

States having jurisdiction : Provided, however, That no barrel shall

be deemed below standard within the meaning of this act when

shipped to any foreign country and constructed according to the

specifications or directions of the foreign purchaser if not constructed

in conflict with the laws of the foreign country to which the same is intended to be shipped.

Sec. 3. Variations permitted; prosecutions; proviso; sales by weight

or count excepted.—That reasonable variations shall be permitted

and tolerance shall be established by rules and regulations made by

the director of the Bureau of Standards and approved by the Secre- tary of Commerce. Prosecutions for offenses under this act may be

begun upon complaint of local sealers of weights and measures or

other officers of the several States and Territories appointed to enforce the laws of the said States or Territories, respectively, relating

to weights and measures: Provided, however, That nothing in this act shall apply to barrels used in packing or shipping commodities

sold exclusively by weight or numerical count. Bureau of Standards, Circular No. 71, Rules and Regulations Promulgated Under Authority of the Federal Standard-Barrel Law, Issued

Sept. 18, 1917. In accordance with the provisions of section 3 of the act to fix the standard barrel for fruits, vegetables, and other dry commodities (38 Stat., ch. 158, p. 1186, 63c^ Cong.), approved March 4, 1915,

there are hereby promulgated rules and regulations, made by the

Director of the Bureau of Standards and approved by the Secretary

of Commerce.

Paragraph 1. {a) The capacities of the standard barrel for fruits,

vegetables, and other dry commodities,^^ other than cranberries,

and its subdivisions aix^ as follows

Size Cubic

inches Bushels • Quarts •

Band- _ 7,056

5,292

3, 528 2,352

3. 281 2.461

1.641 1.094

10552H

35

barrel

_-.

_ barrel..- _

» struck measure. " Lime is not included within the purview of the law or of these rules and regulations, since a more recent

act (39 Stat., ch., 396, p. 630 ) has established standard barrels especially for lime, upon a weight basis.
22 LAWS CONCERNING WEIGHTS AND MHASUBES

(&) The capacities of the standard cranberry barrel and its subdivisions are as follows

Size Cubic

inches Bushels 1 Quarts

Cranberry barrel .

% cranberry barrel cranberry barrel

yi cranberry barrel

5,826

4, 369.

2,913

1,942

2.709 2.032

1. 355

0.903

mi

43H

28ft

' Struck measure.

Par. 2. (a) Any barrel having the dimensions specified for a standard barrel for fruits, vegetables, and other dry commodities

other than cranberries, in section 1 of the standard-barrel law, or any barrel or a subdivision thereof having the contents specified in

section 1 of the standard-barrel law and in paragraph 1 (a) of

these rules and regulations, regardless of its form or dimensions,

is a legal standard barrel for fruits, vegetables, or other dry commodities other than cranberries, or a legal subdivision thereof.

No other barrel or subdivision in barrel form is a legal container

for fruits, vegetables, or other dry commodities other than cranberries.

(h) Any barrel having the dimensions specified for a standard

barrel for cranberries in section 1 of the standard-barrel law, or any subdivision thereof having the contents specified in paragraph 1 (b) of these rules and regulations, regardless of its form or dimensions, is a legal standard barrel for cranberries or a legal

subdivision thereof. No other barrel or subdivision in barrel form

is a legal container for cranberries.

Par. 3. The tolerance established hereafter for the dimension

specified as " distance between heads " shall be applied as follows on the various types of barrels in use : {a) When a barrel or subdivision thereof has two heads, the

tolerance shall be applied to the distance between the inside sur- faces of the heads and perpendicular to them.

(b) When a barrel or subdivision thereof has but one head and

a croze ring or other means for the insertion of a head, such as an

inside hoop, etc., at the opposite end, the tolerance shall be applied

to the distance from the inside surface of the bottom head and

perpendicular to it to the inside edge of the croze ring, or to a point where the inside surface of a head would come were such

head inserted in the barrel.

(c) When a barrel or subdivision thereof has but one head and

no croze ring or other means for the insertion of a head, such as an inside hoop, etc., at the opposite end, the tolerance shall be

applied to the distance from the inside surface of the bottom head

and perpendicular to it to a point 1% inches from the opposite

end of the staves in the case of a barrel or a % barrel, and to a point

1 inch or % inch from the opposite end of the staves in the case of

the 1/2 barrel and barrel, respectively. When a barrel or subdivision thereof has been Ynanufactured with but one head and no
UNITED STATES 23

croze ring or other means for the insertion of a head at the opposite

end, and it is desired to insert a second head, the croze ring shall be so cut that the inside edge shall not be more than 1% inches

from the end of the staves in the case of a barrel or % barrel or not more than 1 inch or % iiich from the end of the staves in the

case of the i/^ barrel and Vs barrel, respectively, or the other means

shall be so adjusted that the inside surface of the head when in- serted shall not exceed these distances from the end of the staves. Par. 4. The tolerance established hereafter for the dimension

specified as "diameter of head" shall be applied to the diameter

of the head over all, including the part which fits into the croze ring of the completed barrel. The tolerance established hereafter for the dimension specified as " effective diameter of head " shall be applied as follows on the

various types of barrels and subdivisions in use

{a) When a barrel or subdivision thereof has two heads, the tol- erance shall be applied to the inean of the average diameters from

inside to inside of staves at the inner edges of the heads.

(b) When a barrel or subdivision thereof has but one head and

a croze ring or other means for the insertion of a head at the opposite end, the tolerance shall be applied to the mean of the average

diameters, one taken from inside to inside of staves at the inner

edge of the head, the other from inside to inside of staves at the

inner edge of the croze ring, or from inside to inside of staves at a point where the inside surface of a head would come were such head

inserted in the barrel.

(c) When a barrel or subdivision thereof has but one head and

no croze ring or other means for the insertion of a head at the

opposite end, the tolerance shall be applied to the mean of the

average diameters, one taken from inside to inside of staves at the inner edge of the head, the other taken from inside to inside of

staves at a point 1% inches from the end of the staves in the case of

a barrel or % barrel, or at a point 1 inch or % inch from the end of

the staves in the case of a 1/2 barrel or 1^ barrel, respectively.

The standard allowance for depth of croze ring shall be ^j- inch.

Therefore, the standard " effective diameter of head " in the case of

the standard barrel is 16% inches and in the case of the standard

cranberry barrel is 15% inches. Par. 5. Whenever in these rules and regulations the error ©n a dimension is mentioned, this error shall be determined by taking the

difference between the actual measured dimension and the standard

dimension. The error is an error in excess and is to be preceded

by a plus sign when the measured dimension is greater than the

standard dimension. The error is an error in deficiency and is to be preceded by a minus sign when the measured dimension is less than the standard dimension.

(a) The standard dimensions of a barrel for fruits, vegetables,

and other dry commodities other than cranberries, and of a barrel

for cranberries, with which the actual measured dimensions are to be compared, are as follows
24 LAWS CONCERNING WEIGHTS AND MEASUEES

Dimensions

Barrel for

fruits, vegetables, and

other dry

commodities

other than

cranberries

Barrel for cranberries

Diameter of head

Effective diameter of head (see par. 4) Distance between heads - Circumference of bulge, outside measurement

Length of stave

Inches

2664

28K2

In'lies

(b) In the case of all subdivisions of the barrel for fruits, vegetables, and other dry commodities other than cranberries, and all subdivisions of the barrel for cranberries, the following dimensions

are hereby standardized for the purpose of the application of

tolerances, and the actual measured dimensions are to be compared

with these

:

Subdivisions of barrel for fruits, vegetables, cmd other dry coinnioditie's other than cranberries

Dimensions % barrel Yi barrel 14 barrel

Inches Inches Inches

Effective diameter of head (see par. 4) \m

2314 18 5m 5VA 45M

Subdirisions of barrel for cranberries

Dimensions % barrel )^ barrel H barrel

Inches Inches Inches

Effective diameter of head (see par. 4) _ \m 11 Distance between heads 23 20 17H

Circumference of bulge, outside measurement _ 535^ 47 415^

Par. 6. For the purpose of the application of tolerances, barrels

for fruits, vegetables, and other dry commodities other than cranberries, are hereby divided into two classes as follows

:

Class 1 shall include (a) all barrels no dimension of which is in error by more than the following amounts, and (5) all barrels one

or more of the dimensions of which are in error by more than the

follovving amounts, and which in addition have no dimension in error in the opposite direction:

Error, inches Effective diameter of head %

Distance between lieads %

Circumference of bulge, outside measurement 1%

Class 2 shall include all barrels at least one dimension of which

is in error by more than the amounts given above, but which in

addition have at least one dimension in error in the opposite direction. (This class includes all barrels mentioned in section 1 of

the law in the proviso reading: Provided, That any barrel of a
UNITED STATES 25

different form having a capacity of seven thousand and fifty-six

cubic inches shall be a standard barrel.")

Par. 7. (a) The tolerances to be allowed in excess or in deficiency on the dimensions of all barrels of class 1 shall be as follows

Tolerance, inches Diameter of head %

Effective diameter of head ^

Distance between heads %

Circumference of bulge, outside measurement 1%

Length of stave %

If no dimension of a barrel of class 1 is in error by more than the

tolerance given above, then the barrel is within the tolerance allowed.

If one or more of the dimensions of a barrel of class 1 is in error by more than the tolerance given above, then the barrel is not within

the tolerance allowed.

(h) The tolerance to be allowed in excess or in deficiency on all barrels of class 2 shall be II/2 inches (1.5 inches), and this tolerance

is to be applied to the i-esult obtained by the application of the fol- lowing rule:

Having determined the errors of each dimension and given to each

its proper sign (see par. 5), add the errors on the effective diameter

of head and the distance between heads algebraically and multiply

the result by 1.67 (or 5/3). Then add this result to the error on the

circumference of bulge algebraically. If the result obtained is not

greater than the tolerance given above, then the barrel is within

the tolerance allowed; if the result is greater than this tolerance,

then the barrel is not within the tolerance allowed.

Note.—To find the algebraic sum of a number of quantities having different

signs, first add all those having one sign ; then add all those having the opposite

sign ; then subtract the smaller sum from the larger, giving this result the sign

of the larger quantity.

(c) The tolerance to be allowed in excess or in deficiency on the

dimensions of all barrels for cranberries shall be as follows:

Tolerance, Inches Diameter of head %

Effective diameter of head 14 Distance between heads %

Circumference of bulge, outside measurement 1%

Length of stave %

If no dimension of a barrel for cranberries is in error by more

than the tolerance given above, then the barrel is within the toler- ance allowed.

If one or more of the dimensions of a barrel for cranberries is in error by more than the tolerance given above, then the barrel is not

within the tolerance allowed.

(d) The tolerances to be allowed in excess or in deficiency on all subdivisions of the standard barrel for fruits, vegetables, and other

dry commodities other than cranberries, and on all subdivisions of

the standard barrel for cranberries, shall be the values given in the

following table, and these tolerances are to be applied to the result obtained by the application of the following rule

Having determined the errors on each dimension and given to each its proper sign (see par. 5), add the errors on the effective

diameter of head and the distance between heads algebraically and
26 LAWS CONCERrNING WEIGHTS AND MEASURES

multiply the result bv 1.67 (or 6/3). Then add this result to the error on the circumference of bulge algebraically. If the result obtained is not greater than the tolerance given in the following

table for the proper subdivision, then the barrel is within the toler- ance allowed; if the result is greater than this tolerance, then the

barrel is not within the tolerance allowed.

Size of subdivision

54 barrel

Yi barrel

\i barrel

Tolerance

For fruits, vegetables, and other dry commodities

Inches m (1-375)

(1.25) IH (1.125)

For cran.

berries

Inches

IVi (1.25) IH (1-125)

1 (1.00)

Note.—The above rules and regulations refer entirely to individual barrels, and no separate tolerance has been placed on the average content of a number

of barrels taken at random from a shipment. It is not believed that barrels can be so made as to take advantage of the tolerances, and, of course, no

attempt should be made to do this. It is, therefore, expected that as many

barrels will be above as below the standard capacity. Investigations will be conducted during the present shipping season for the purpose of ascertaining

whether this expectation is fulfilled. If it is not, then additional regulations

will be issued in the future governing this matter. 39 Stat., ch. 396, p. 530.

Sec. 1 (1916). Lime barrels; standard sizes established.—That there

is hereby established a large and a small barrel of lime, the large

barrel to consist of two hundred and eighty pounds and the small

barrel to consist of one hundred and eighty pounds, net weight.

Sec. 2. Sales in interstate and foreign commerce without specified marking, nnlawfnl.^—That it shall be unlawful for any person to sell or

offer for sale lime imported in barrels from a foreign country, or

to sell or offer for sale lime in barrels for shipment from any State

or Territory or the District of Columbia, to any other State or

Territory or the District of Columbia, unless there shall be stenciled or otherwise clearly marked on one or both heads of the small barrel

the figures " 180 lbs. net " and of the large barrel the figures " 280

lbs. net " before the importation or shipment, and on either barrel

in addition the name of the manufacturer of the lime and where

manufactured, and, if imported, the name of the country from

which it is imported.

Sec. 3. Fractional parts of small barrel; marking required.—When

lime is sold in interstate or foreign commerce in containers of less capacity than the standard small barrel, it shall be sold in fractional

parts of said standard small barrel, and the net weight of lime

contained in such cojitainer shall by stencil or otherwise be clearly

marked thereon, together with the name of the manufacturer thereof,

and the name of the brand, if any, under which it is sold, and, if imported, the name of the country from which it is imported.

Sec. 4. Regulations, etc., to be made; variations allowed.—That rules

and regulations for the enforcement of this act, not inconsistent with

the provisions of the act, shall be made by the Director of the
UNITED STATES 27

Bureau of Standards and approved by the Secretary of Commerce,

and that such rides and regulations shall include reasonable variations or tolerances which may be allowed.

Sec. 5. Interstate shipments unmarked, etc., unlawful; when less than

standard; penalty.—That it shall be unlawful to pack, sell, or offer for sale for shipment from any State or Territory or the District

of Columbia to any other State or Territory or the District of

Columbia, any barrels or other containers of lime which are not

marked as provided in sections two and three of this act, or to sell, charge for, or purport to deliver from any State or Territory or

the District of Columbia to any other State or Territory or the

District of Columbia, as a large or small barrel or a fractional part

of said small barrel of lime, any less weight of lime than is established by the provisions of this act; and any person guilty of a violation of the provisions of this act shall be deemed guilty of a misdemeanor and be liable to a fine not exceeding $100.

Sec. 6. Prosecutions.—That it shall be the duty of each district attorney, to whom satisfactory evidence of any violation of this act

is presented, to cause appropriate proceedings to be commenced and

prosecuted in the United States court having jurisdiction of such

offense: Provided^ however^ That the penal provisions of this act

shall not take effect until January first, nineteen hundred and

seventeen.

Circular No. 64, Bureau of Standards, Rules and Regulations for the

Enforcement of the lime-Barrel Act, Issued, Apr. 20, 1917. In accordance with the provisions of section 4 of the act to standardize lime barrels (39 Stat., ch. 396, p. 530), approved August

23, 1916, there are hereby promulgated rules and regulations for

the enforcement of this act, made by the Director of the Bureau of

Standards and approved by the Secretary of Commerce.

Paragraph 1. The act, * * * entitled "An act to standardize

lime barrels," shall be known and referred to as the " Standard limebarrel act." Par. 2. These rules and regulations are to be understood and con- strued to apply to lime in barrels, or other containers packed, sold, or offered for sale for shipment from any State or Territor}' or the

District of Columbia to any other State or Territory or the District

of Columbia; and to lime in containers of less capacity than the

standard small barrel sold in interstate or foreign commerce; and

to lime imported in barrels from a foreign country and sold or

offered for sale; also to lime not in barrels or containers of less capacity than the standard small barrel, sold, charged for, or purported to be delivered as a large or small barrel or a fractional part

of said small barrel of lime, from any State or Territory or the

District of Columbia to any other State or Territory or the District

of Columbia.

Par. 3. Lime in barrels shall be packed only in barrels containing

280 pounds or 180 pounds, net weight. For the purposes of this

paragraph the word " barrel " is defined as a cylindrical or approximately cylindrical vessel, cask or drum.

Par. 4. The term "container of less capacity than the standard

small barrel," as mentioned in section 3 of the law and as used in
28 LAWS CONCERNING "WEIGHTS AND MEASTJBES

these rules and regulations, is defined as any container not in barrel

form containing therein a net weight of lime of less than 180 pounds.

The term " label " as used in these rules and regulations is defined

as any printed, pictorial, or other matter upon the surface of a

barrel or other container of lime subject to the provisions of this

act, or upon cloth or paper or the like which is permanently affixed to it by pasting or in a similar manner. The term " tag " is defined as a tough and strong strip of cloth or paper or the like, bearing any printed, pictorial, or other matter,

which is loose at one end and which is secured to a container of lime

subject to the provisions of this act. Par. 5. {a) The lettering required upon barrels of lime by section

2 of the law shall be as follows : The statement of net weight shall be

in boldface capital letters and figures at least 1 inch in height and not

expanded or condensed; it shall be clear, legible, and permanent,

and so placed with reference to the other lettering that it is conspicuous. The name of the manufacturer of the lime and where

manufactured, and, if imported, the name of the country from which

it is imported, shall be in boldface letters at least one-half inch in

height and not expanded or condensed, and shall be clear, legible,

conspicuous, and permanent. None of these letters and figures shall

be superimposed upon each other, nor shall any other characters be

superimposed upon the required lettering or otherwise obscure it. All the above statements shall form parts of the principal label. (6) The information required upon containers of lime of less capacity than the standard small barrel by section 3 of the law shall

be included in a label: Provided, however. That in order to allow

the utilization of secondhand or returnable bags made of cloth,

burlap, or the like, such information may be upon a tag firmly

attached to the container in a prominent and conspicuous position.

In case a tag is used to give the required information there must

not be any label or another tag upon the container which bears any

statement having reference to lime, or any statement of weight

whatever, which is not identical with the iniormation upon the tag

mentioned above; if a container is to be utilized which bears any

such inaccurate information upon a label, such container shall be

turned inside out or such information shall be obliterated in so far

as it is inaccurate by blotting out the letters or figures; or if such

inaccurate information is upon a tag, by removing such tag.

If the required lettering is upon a label, the statement of net weight shall be in boldface capital letters and figures at least threefourths inch in height and not expanded or condensed; it shall be

clear, legible, and permanent, and so placed with reference to the

other lettering that it is conspicuous. The word " net " shall form

part of the statement of weight. The name of the manufacturer of

the lime and the name of the brand, if any, under which it is sold,

and, if imported, the name of the country from which it is imported,

shall be in boldface letters at least one-half inch in height and not

expanded or condensed, and shall be clear, legible, conspicuous, and

permanent. None of these letters and figures shall be superimposed

upon each other, nor shall any other characters be superimposed

upon the required lettering or otherwise obscure it. All the above

statements shall form parts of the principal label.
UNITED STATES 29

If the required lettering is upon a tag, the statement of net weight

shall be in boldface capital letters and figures not less than one-half

the height of the largest letters or figures used upon such tag : Provided^ however^ That in every case they shall be not less than one- eighth inch in height (12-point capitals), and not expanded or con- densed. The word "net" shall form part of the statement of

weight. The statement shall be clear, legible, and permanent, and so placed with reference to the other lettering that it is conspicuous.

The name of the manufacturer of the lime, and the name of the

brand, if any, under which it is sold, and, if imported, the name of

the country from which it is imported, shall be in boldface letters and figures not less than one-eighth inch in height (12-point capitals), and not expanded or condensed, and shall be clear, legible,

conspicuous, and permanent. None of these letters and figures shall be superimposed upon each other nor shall any other characters be

superimposed upon the required lettering or otherwise obscure it. All the above statements shall be included upon the same side of the

(c) In case the lime is actually packed in barrels or in containers

of less capacity than the standard small barrel by some person other

than the manufajCturer of the lime, the information mentioned above

must be given in the manner there described, and in addition there

must be a statement to this effect : " Packed by " (giving the name and address of the packer). This statement shall be in

letters not smaller than is specified for the general statement re- quired in the case of barrels and containers of less capacity than the

standard small barrel, respectively (see (a) and (5) above) ; it shall not be obscured and shall form part of the principal label or be upon

the same side of the tag as in those cases provided.

{d) In the case of all lime sold in barrels, the actual place of manufacture of the lime shall be stated on the barrel. In general, this

will be the name of the post office nearest or most accessible to the

plant. However, when the actual place of manufacture of the lime

and the offices of the company are separated but are within the

boundaries of the same county of a State, or when, though not within

the boimdaries of the same coimty they are so close together that the

post-office address of the offices represents substantially and to all intents and purposes the actual place of manufacture of the lime,

then the post-olnce address of the offices of the company will be suffi- cient: Provided^ however^ That the address given shall always cor- rectly show the State in which the lime is actually manufactured.

More than one place of manufacture of a manufacturer shall not be shown on the same barrel unless the one at which the particular

lime in question is manufactured is pointed out. If the location of the home offices is stated and this is not the place

of manufacture within the meaning of the above definition, an additional statement must be included to this effect : " Manufactured at

" (giving the location of the plant).

Par. 6. (a) When lime is packed in barrels the tolerance to be

allowed on the large barrel or the small barrel of lime shall be 5 pounds in excess or in deficiency on any individual barrel: Provided^ however^ That the average error on 10 barrels of the same

nominal weight and packed by the same manufacturer shall in no

case be greater than 2 pounds in excess or in deficiency. In case
30 LAWS CONCERNING WEIGHTS AND MEASTJBES

all the barrels available are not weighed, those which are weighed

shall be selected at random.

(&) When lime is packed in containers of less capacity than the

standard small barrel, the tolerance to be allowed in excess or in

deficiency on individual containers of various weights, shall be the

values given in the column headed "Tolerance on individual package," of the following table : Provided^ however^ That the average

error on 10 containers of the same nominal weight and packed by

the same manufacturer shall in no case be greater than the values

given in the column headed " Tolerance on average weight," of the

following table. In case all the containers available are not weighed,

those which are weighed shall be selected at random.

Weight of package

Tolerance on indi- vidual packageTolerance on aver- age weight

Not greater than 50 pounds - PounAs

2

3

4

Pounds

More than 100 pounds and not greater than 150 pounds More than 150 pounds and less than 180 pounds

(<?) When lime in bulk is sold, charged for, or purported to be

delivered as a definite number of large or small barrels, the toler- ance to be allowed in excess or in deficiency on such amounts of

lime shall be 15 pounds per 1800 pounds (10 small barrels), or 25

pounds per 2800 pounds (10 large barrels).

39 Stat., eh. 426, p. 673.

Sec. 1 (1916). Climax fruit baskets, etc.; standards established; twoquart baskets; four-quart baskets; twelve-quart baskets.—That standards for Climax baskets for grapes and other fruits and vegetables

shall be the two-quart basket, four-quart basket, and twelve-quart

basket, respectively:

{a) The standard two-quart Climax basket shall be of the following dimensions: Length of bottom piece, nine and one-half inches;

width of bottom piece, three and one-half inches; thickness of bottom piece, three-eighths of an inch ; height of basket, three and seven- eighths inches, outside measurement; top of basket, length eleven

inches and width five inches, outside measurement. Basket to have

a cover five by eleven inches, when a cover is used.

(&) The standard four-quart Climax basket shall be of the following dimensions: Length of bottom piece, twelve inches; width of

bottom piece, four and one-half inches; thickness of bottom piece,

three-eighths of an inch ; height of basket, four and eleven-sixteenths

inches, outside measurement; top of basket, length fourteen inches,

width six and one-fourth inches, outside measurement. Basket to have cover six and one-fourth inches by fourteen inches, when cover

is used.

(c) The standard twelve-quart Climax basket shall be of the fol- lowing dimensions: Length of bottom piece, sixteen inches; width

of bottom piece, six and one-half inches; thickness of bottom piece,

seven-sixteenths of an inch ; height of basket, seven and one-sixteenth
TTNITEID STATES 31

inches, outside measurement; top of basket, length nineteen inches,

width nine inches, outside measurement. Basket to have cover nine

inches by nineteen inches, when cover is used.

See. 2. Smaller baskets for fruits, berries, and vegetables; capacities.—

That the standard basket or other container for small fruits, berries,

and vegetables shall be of the following capacities, namely, dry one- half pint, dry pint, dry quart, or multiples of the dry quart.

(a) The dry half pint shall contain sixteen and eight-tenths cubic- inches.

(b) The dry pint shaU contain thirty-three and six-tenths cubic

inches.

(c) The dry quart shall contain sixty-seven and two-tenths cubic

inches.

Sec. 3. laterstate sMpments, etc., not conforming to standards, unlawful; penalty; proviso; foreign sMpments not affected.—That it shall be

unlawful to manufacture for shipment, or to sell for shipment, or to ship from any State or Territory of the United States or the District

of Columbia to any other State or Territory of the United States or

the District of Columbia, any Climax baskets or other containers for

small fruits, berries, or vegetables, whether filled or unfilled, which

do not conform to the provisions of this act; and any person guilty

of a willful violation of an}' of the provisions of this act shall be

deemed guilty of a misdemeanor, and upon conviction thereof shall

be fined in an}- sum not exceeding $25 : Provided, That nothing

herein contained shall apply to the manufacture, sale, or shipment of

Climax baskets, baskets, or other containers for small fruits, berries,

and vegetables when intended for export to foreign countries when

such Climax baskets, baskets, or other containers for small fruits,

berries, and vegetables accord with the specifications of the foreign

purchasers or comply with the law of the coimtry to which shipment

is made or to be made.

See. 4. Tests, etc., by department of Agriculture ; rules, etc.—That the

examination and test of Climax baskets, baskets, or other containers

for small fruits, berries, and vegetables, for the purpose of determining whether such baskets or other containers comply with the provisions of this act, shall be made by the Department of Agriculture,

and the Secretary of Agriculture shall establish and promulgate

rules and regulations allowing such reasonable tolerances and variations as may be found necessary.

Sec. 5. Prosecution of violations.—That it shall be the duty of each

district attorney, to whom satisfactory evidence of any violation of

the act is presented, to cause appropriate proceedings to be com- menced and prosecuted in the proper court of the United States for

the enforcement of the penalties as in such case herein provided.

Sec. 6. Immunity under guaranty from purchaser; contents of guaranty.—That no dealer shall be prosecuted under the provisions of this

act when he can establish a guaranty signed by the manufacturer,

wholesaler, jobber, or other party residing within the United States

from whom such Climax baskets, baskets, or other containers, as defined in this act, were purchased, to the effect that said Climax

baskets, baskets, or other containers, are correct within the meaning

of this act. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of Climax

517—26 3
32 LAWS CONCERNING WEIGHTS AND MEASURES

baskets, baskets, or other containers to such dealer, and in such case said party or parties shall be amenable to the prosecutions, fines, and

other penalties which would attach in due course to the dealer under

the provisions of this act. U. S. Department of Agriculture, Circular No. 76, Rules and Regulations

of the Secretary of Agriculture under the United States Standard

Container Act, Promulgated, Sept. 12, 1917. Regulation 1. Definitions.

Section 1. Words used in these regulations in the singular form shall be deemed to import the plural,

and vice versa, as the case msij demand.

Sec. 2. For the purposes of these regulations, unless the context otherwise require, the following terms shall be construed, respectively, to mean

Paragraph 1. Standard container act.—The act entitled "An act to

fix standards for Climax baskets for grapes and other fruits and

vegetables, and to fix standards for baskets and other containers for

small fruits, berries, and vegetables, and for other purposes," approved August 31, 1916 (39 U. S. Stat. L., p. 673).

Paragraph 2. Containers.—Climax baskets for grapes and other

fruits and vegetables, and baskets or other containers for small

fruits, berries, and vegetables.

Regulation 2. Tolerances and variations.

Section 1. For the purpose

of ascertaining whether a container is within the tolerances and

variations as to capacity allowed by these regulations it shall be

tested by the use of a dry measure, of the statndard capacity applicable to such container, approved by the Bureau of Standards

of the United States Department of Commerce. Such test shall be made with rape seed or other medium giving equivalent results. The capacity of the container shall be determined by stricken measure; only the actual capacit}' when level full shall be considered,

and such portion of the contents as may be heaped above the level of the top of the sides shall be disregarded, notwithstanding any

raised cover which might permit the extension upwards of the

contents. In making such test both the container to be tested and

the measure of standard capacity by the use of which it is to be

tested shall be filled with the testing medium, in the same manner

and under the same conditions, by means of a hopper of the type

customarily employed for the same purpose in State and Federal

laboratories.

Sec. 2. Paragraph 1 : As prescribed in this section, the following

tolerances and variations in the capacities of containers are found to be reasonable and necessary and are hereby allowed.

Paragraph 2 : The excess or deficiency in capacity of any container, over or under the capacity prescribed for such container in the

standard container act, as specified below in the column designated

" Standard capacity," may be as much as, but not greater than, the

amount stated in cubic inches in the same line in the column designated " Excess " or " Deficiency," as the case may be ; but, among any

lot of containers which are not all of the standard capacity prescribed

for such containers by the standard container act, the number over

shall be as nearly equal as may be practical to the number under such

standard capacity, within the tolerances and variations allowed therefor in this section.
UNITED STATES 33

Standard capacity

Tolerances and variations

Excess Deficiency

Ouiic iTiches 5030

23

1610

532

1

Cubic inches

30

18

1510

2m'A

Paragraph 3 : In case of a container having a capacity to which a standard is applicable which is not specified in the column headed

" Standard capacity " in the foregoing table, the excess or the defici- ency allowed shall be that permitted for the next smaller standard

capacity specified in the table, but this shall not apply to containers

for which variations and tolerances shall be permitted and established under the act entitled "An act to fix the standard barrel foi* fruits, vegetables, and other dry commodities," approved March

4, 1915 (38 U. S. Stat. L., p. 1186), when such variations and toler- ances become efi'ective. Sec. 3. Paragraph 1 : As prescribed in this section, the following

tolerances and variations in dimensions of Climax baskets for grapes

and other fruits and vegetables are found to be reasonable and neces- sary and are hereby allowed, subject, however, to the tolerances and

variations in capacity allowed in section 2 of these regulations.

Paragraph 2 : The excess or deficiency in an}^ dimension specified

below in the column desigT.ated Dimensions," over or under the

measurement prescribed for such dimension in section 1 of the

standard container act, may be as much as, but not greater than,

the amount specified opposite such dimension in the column designated " Excess " or " Deficiency," as the case may be.

Dimensions

Length of bottom piece of 2-quart, 4-quart, or 12-quart Climax basket Width of bottom piece of 2-quart, 4-quart, or 12-quart Climax basket Thickness of bottom piece of 2-quart, 4-quart, or 12-quart Climax basket Height of 2-quart, 4-quart, or 12-quart Climax basket, outside measurement

Length of cover of 2-quart, 4-quart, or 12-quart Climax basket Width of cover of 2-quart, 4-quart, or 12-quart Climax basket... Combined length and -width of top of 2-quart Climax basket, outside measurement.. Combined length and width of top of 4-quart Climax basket, outside measurement.. Combined length and width of top of 12-quart Climax basket outside measurement..

39 Stat., ch. 313, p. 446.

Sec. 1 (1916). Title declared.—That this act shall be known by the

short title of " United States warehouse act."

Tolerances and

variations

Inches

H

Vs

VsVi%

Inches

VsVs

Vs

" Regulations have been Issued by the Secretary of Agriculture under tne anthority of

this act.
34 LAWS CONCEKKING WEIGHTS AND MEASURES

Sec. 2, as amended by act of February 23, 1923. Terms construed;

warehouse; person; warehouseman; receipt.—That the term "warehouse " as used in this act shall be deemed to mean every building,

structure, or other protected inclosure in which any agricultural

product is or may be stored for interstate or foreign commerce, or, if located within any place under the exclusive jurisdiction of the

United States, in which any agricultural product is or may be stored.

As used in this act, " person " includes a corporation or partnership

or two or more persons having a joint or common interest ; " ware- houseman " means a person lawfully engaged in the business of stor- ing agricultural products ; and " receipt " means a warehouse receipt.

Sec. 3. Investigation, etc., of warehouses.—That the Secretary of

Agriculture is authorized to investigate the storage, warehousing,

classifying according to grade and otherwise, weighing, and certifi- cation of agricultural products; * * *

Sec. 11, as amended by act of February 23, 1923. Licenses to inspectors,

samplers, classifiers, and weighers of products; conditions.—That the

Secretary of Agriculture may upon presentation of satisfactory proof

of competency, issue to any person a license to inspect, sample or

classify any agricultural product or products, stored or to be stored

in a warehouse licensed under this a 't, according to condition, grade

or otherwise, and to certificate the condition, grade or other class thereof, or to weigh the same and certificate the weight thereof, or both to inspect, sample or classify and weigh the same and to certifi- cate the condition, grade or other class and the weight thereof, upon

condition that such person agree to comply with and abide by the

terms of this act and of the rules and regulations prescribed hereunder so far as the same relate to him.

See. 12, as amended by act of February 23, 1923. Suspension or revocation of licenses.—That any license issued to any person to inspect,

sample or classify or to weigh an^^ agricultural product or products

under this act may be suspended or revoked by the Secretary of Agriculture whenever he is satisfied, after opportunity afforded to the

licensee (.oncerned for a hearing, that such licensee has failed to

inspect, sample, or classify or to weigh any agricultural j)roduct or products correctly, or has violated any of the provisions of this act or of the rules and regulations prescribed hereunder, so far as the same may relate to him, or that he has used his license or allowed it to be used for an)'^ improper purpose whatever. Pending investigation, the Secretary of Agriculture, whenever he deems necessary, may

suspend a license temporarily without hearing.

Sec. 18, as amended by act of July 24, 1919. Contents of receipt.

That every receipt issued for agricultural products stored in a warehouse licensed under this act shall embody within its written or printed terms * * *

(/) a description of the agricultural products received, showing the quantity thereof, or, in case of agricultural

products customarily put up in bales or packages, a description of

such bales or packages by marks, numbers, or other means of identification and the weight of such bales or packages . * * *. Sec. 29, as amended by act of February 23, 1923. State laws not impaired; cooperation with State authorities; operation of present laws.

That nothing in this act shall be construed to conflict with, or to authorize any conflict with, or in any way to impair or limit the
UNITED STATES 35

effect or operation of the laws of any State relating to warehouses,

warehousemen, weighers, graders, inspectors, samplers or classifiers; but the Secretary of Agriculture is authorized to cooperate with such

officials as are charged Avith the enforcement of such State laws in

such States and through such cooperation to secure the enforcement

of the provisions of this act; nor shall this act be construed so as to limit the operation of any statute of the United States relating to warehouses or wareTiousemen, weighers, graders, inspectors, samplers,

or classifiers now in force in the District of Columbia or in any Territory or other place under the exclusive jurisdiction of the United

States. 39 Stat., ch. 415, p. 538.

Sec. 1 (1916). Bills of lading; issited in interstate and foreign com- merce governed thereby.—That bills of lading issued by any common

carrier for the transportation of goods in any Territory of the

United States, or the District of Columbia, or from a place in a State to a place in a foreign country, or from a place in one State to a place in another State, or from a place in one State to a place in

the same State through another State or foreign coimtry, shall be

governed by this act.

Sec. 20. Kesponsibility for goods; when loaded by carrier.—That when

goods are loaded by a carrier such carrier shall count the packages

of goods, if package freight, and ascertain the kind and quantity if bulk freight, and such carrier shall not, in such cases, insert in the

bill of lading or in any notice, receipt, contract, rule, regulation, or

tariff, " Shipper's weight, load, and count," or other words of like

purport, indicating that the goods were loaded by the shipper and

the description of them made by him or in case of bulk freight and

freight not concealed by packages the description made by him. If

so inserted, contrary to the provisions of this section, said words

shall be treated as null and void and as if not inserted therein.

Sec. 21. Loaded by shipper in packages or bulk; effect of shipper's

weight, load, and count; proviso; responsibility when shipper affords weighing facilities.—That when package freight or bulk frpight is loaded by a shipper and the goods are described in a bill of lading

merely by a statement of marks or labels upon them or upon packages

containing them, or by a statement that the goods are said to be

goods of a certain kind or quantity, or in a certain condition, or it is stated in the bill of lading that packages are said to contain goods

of a certain kind or quantity or in a certain condition, or that the

contents or condition of the contents of packages are unknown, oi words of like purport are contained in the bill of lading, such state- ments, if true, shall not make liable the carrier issuing the bill of

lading, although the goods are not of the kind or quantity or in the

condition which the marks or labels upon them indicate, or of the

kind or quantity or in the condition they were said to be by the consignor. The carrier may also by inserting in the bill of lading the

words " Shipper's weight, load, and coimt," or other words of like

purport indicate that the goods were loaded by the shipper and the

description of them made hj him ; and if such statement be true, the

carrier shall not be liable for damages caused by the improper loading or by the nonreceipt or by the misdescription of the goods

described in the bill of lading: Provided, however, Where th© ship-
36 LAWS CONCBBNING WEIGHTS AND MEASUBES

per of bulk freight installs and maintains adequate facilities for

weighing such freight, and the same are available to the carrier,

then the carrier, upon written request of such shipper and when

given a reasonable opportunity so to do, shall ascertain the kind

and quantity of bulk freight within a reasonable time after such

written request, and the carriers shall not in such cases insert in the

bill of lading the words " Shipper's weight," or other words of like

purport, and if so inserted contrary to tl^e provisions of this section,

said words shall be treated as null and void and as if not inserted

therein.

42 Stat., ch. 64, p. 159.

Sec. 1 (1921). Title of act.—This act may be cited as the "packers

and stockyards act, 1921."

Sec. 2. Terms defined.—(a) When used in this act—(2) The term

" Secretary " means the Secretary of Agriculture.

:^ 4: ^ ^ ^ ^

Sec. 301. Terms construed; "stockyard services."—^When used in this act

(b) The term "stockyard services" means services or facilities furnished at a stockyard in connection with the * * * weighjjjg

******* -t^ * * livestock;

Sec. 302. " Stockyard " ; public character, etc., specified ; smaller areas not included.—(a) When used in this title the term "stockyard" means any place, establishment, or facility commonly known as stockyards, conducted or operated for compensation or profit as a public

market, consisting of pens, or other inclosures, and their appurtenances, in which live cattle, sheep, swine, horses, mules, or goats

are received, held, or kept for sale or shipment in commerce. This

title shall not apply to a stockyard of which the area normally

available for handling livestock, exclusive of runs, alleys, or passage

ways,

******* is less than twenty thousand square feet.

Sec. 304. Facilities to be furnished.—It shall be the duty of every

stockyard owner and market agency to furnish upon reasonable

request, without discrimination, reasonable stockyard services at such stockyard.

Sec. 307. Regulations and practices affecting stockyard services.—It shall be the duty of every stockyard owner and market agency to

establish, observe, and enforce just, reasonable, and nondiscriminatory

regulations and practices in respect to the furnishing of stockyard

services, and every unjust, unreasonable, or discriminatory regulation

or practice is prohibited and declared to be unlawful.

Sec. 308. Penalty.—(a) If any stockyard owner, market agency,

or dealer violates any of the provisions of sections 304 * * * or

307, or of any order of the Secretary made under this title, he shall be liable to the person or persons injured thereby for the full amount

of damages

*******

sustained in consequence of such violation.

Sec. 310. Orders affecting stockyard services.—^Whenever * * *

after full hearing under an order for investigation and hearing

made by the Secretary on his own initiative, * * * the Secre- tary is of the opinion that any rate, charge, regul?ition, or practice
UNITED STATES 37

of a stockyard owner or market agency, tor or in connection with

the furnishing of stockyard services, is or will be unjust, unreasonable, or discriminatory, the Secretary

{a) May determine and prescribe * * * what regulation or

practice is or will be just, reasonable, and nondiscriminatory to be

thereafter followed; and

(&) May make an order that such owner or operator * * * shall conform to and shall ob^-erve the regulation or practice so prescribed.

Sec. 311. Livestock not in commerce; practices prescribed by Secretary.—Whenever in any investigation under the provisions of this

title, or in any investigation instituted by petition of the stockyard owner or market agency concerned, which petition is hereby authorized to be filed, the Secretary after full hearing finds that any rate, charge, regulation, or practice of any stockyard owner or market

agency, for or in connection with the * * * weighing, * * * not in commerce, of livestock, causes any undue oi- unreasonable

advantage, prejudice, or pi'eference as between persons or localities in intrastate commerce in livestock on the one hand and interstate or foreign commerce in livestock on the oiher hand, or any undue,

unjust, or unreasonable discrimination against interstate or foreign commerce in livestock, which is hereby forbidden and declared to be

unlawful, the Secretary shall prescribe the rate, charge, regulation, or practice thereafter to be observed, in such manner as, in his

judgment, Avill remove such advantage, preference, or discrimination. Such rates, charges, regulations, or practices shall be obgerved

while in effect by the stockyard owners or market agencies parties

to such proceeding affected thereby, the law of any State or the decision or order of any State authoritj' to the contrary notwithstanding.

Sec. 312. Unfair, etc., practices unlawful; orders to cease from violations.

{a) It shall be unlawful for any stockyard owner, market

agency, or dealer to engage in or use any unfair, unjustly dis- criminatory, or deceptive practice or device in connection with the

* * * weighing * * * commerce at a stockyard, of live- stock.

(Z>) Whenever complaint is made to the Secretary by any person,

or whenever the Secretary has reason to believe, tliat any stockyard

owner, market agency, or dealer is violating the provisions of subdivision (a), the Secretary after notice and full hearing may make

an order that he shall cease and desist from continuing such violation to the extent that the Secretary finds that it does or will exist.

Sec. 314. Penalty for failing to obey order; prosecution by district attorneys.—{a) Any stoclcyard owner, market agency, or dealer who

knowingly fails to obey any order made under the provisions of

sections 310, 311, or 312 shall forfeit to the United States the sum of

$500 for each offense. Each distinct violation shall be a separate

offense, and in case of a continuing violation each day shall be

deemed a separate offense. Such forfeiture shall be recoverable in

a civil suit in the name of the United States. (6) It shall be the duty of the various district attorneys, under

the direction of the Attorney General, to prosecute for the recovery

of forfeitures. The costs and expense of such prosecution shall

be paid out of the appropriation for the expenses of the courts of

the United States,
38 LAWS CONCEBNING WEIGHTS AND MEASTJBES

Sec. 407. Rules, etc., to be prescribed.—The Secretary may make

such rules, regulations, and orders as may be necessary to carry out the provisions of this act and may cooperate with any department or agency of the Government, any State, Territory, District, or possession, or department, agency or political subdivision thereof, or any

person; * * *. 27 Stat., eh. 221, p. 746.

Sec. 1 (1893). Standard gauge for sheet and plate iron and steel; sheet- metal gauge, this gauge to be used to levy duties.—For the purpose of

securing uniformity the following is established as the only standard

gauge for sheet and plate iron and steel in the United States of

America, namely

Number

of gauge

Approxi- mate

thickness

in frac- tions of an inch

Approximate

thiclcness in decimal parts

of an inch

Approximate

thickness in millimeters

weignt

per square

foot in ounces

avoir- dupois

Weight

per square

foot in pounds

avoirdupois

Weight

per square

foot in

kilo- grams

Weight

per square meter

in kilo- grams

Weight

per square meter in pounds

avoir- dupois

UUUvUUU 1-2 0.

12.320 20. 00 9. 072 97. 66 215. 28 uuuuuu 15-32 46875 11. 90625 300 18. 75 8 506 91. 55 201 82 00000 7-16 '. 4375 ll!ll25 280 17! 50 7." 983 86! 44 188! 37 0000 13-32 . 40625 10. 31875 260 16.25 7.371 79.33 174. 91

f\nr\ uuu o o . 375 9. 525 240 15 6. 804 73 24 161 46 w 11-32 . 34375 8. 73125 220 13. 75 6. 237 67. 13 148 00

nu 5—16 . 3125 7. 9375 200 12. 60 5. 67 61 03 134 55

1 9-32 '. 28125 7. 14375 180 11! 25 .'>!l03 64 93 121! 09

2 17-«4 . 265625 6. 746875 170 10.625 4.819 61.88 114. 37 • t—A 25 6 35 160 10 4 536 48 82 107 64

i lo~c4 0- VOOl^ 150 9 375 4 252 45 77 llVi Q1 /—OiS 21875 140 8 75 3 989 42 72 94. 18 6 13-64 .' 203125 5. 159375 130 8! 125 3! 685 39.' 67 87. 45

7 3-16 .1875 4.7625 120 7.5 3.402 36.62 80.72

8 11-64 t l/loi ^, oOun>50 111/ U. O* Q lie t;7 74. 00

9 •J—f>*

1 cAoi:

o. yoo/

^^^^^ 6 25 2 835 30 52 67. 10 v~\r± o- 0/ lot 00 5 625 2 562 27 46 60. 55

11 1-8 .126 3. 175 80

5' 2! 268 24^41 63. 82

12 7-64 . 109375 2.778125 70 4. 376 1.984 21.36 47.09

13 3-32 .09375 2. 38125 60 3.75 1.701 18.31 40.36

14 5-64 . 078125 1. 984376 50 3. 125 1.417 15.26 33.64

16 9-128 . 0703125 1. 7859375 46 2.8125 1.276 13.73 30.27

16 1-16 .0625 1.6875 40 2.5 1.134 12. 21 26. 91 17 9-160 .05625 1. 42875 36 2.25 1. 021 10.99 24.22

18 1-20 .05 1.27 32 2 .9072 9.765 21. 53

19 7-160 .04375 1. 11125 28 1.76 .7938 8. 644 18 84

20 3-80 .0375 .9525 24 1. 50 .6804 7.324 16. 15

21 11-320 . 034375 . 873125 22 1.375 .6237 6.713 14.80 22 1-32 .03125 . 793750 20 1.25 ..567 6.103 13. 46

23 9-320 . 028126 . 714375 18 1. 125 .5103 6. 493 12.11

24 1-40 .025 .635 16 1 . 4.536 4. 882 10. 76

25 7-320 . 021875 . 555625 14 .875 . 3969 4.272 9.42

26 3-160 . 01876 .47625 12 .75 .3402 3. 662 8.07

27 11-640 . 0171875 . 4365625 11 .6876 .3119 3. 367 7.40

28 1-64 . 015625 . 396876 10 .625 . 2835 3. 052 6.73

29 9-640 . 0140625 . 3571875 9 .5625 .2551 2.746 6.05 30 1-80 .0125 .3175 8 .6 .2268 2.441 5. 38

31 7-640 . 0109375 . 2778125 7 . 4375 .1984 2.130 4.71 32 13-1280 . 01015625 . 25796875 6)-2 .40625 .1843 1.983 4. 37 33 3-320 . 009375 . 238125 6 .375 .1701 1.831 4.04

34 11-1280 . 00859375 . 21828125 . 34375 . 1.559 1. 678 3.70

35 .5-640 . 0078125 . 1984375 6 .3125 .1417 1. 526 3. 36

36 9-1280 . 00703125 . 17859375 41^ .28125 .1276 1.373 3.03 37 17-2560 . 006640625 . 168671875 iU . 265625 . 1205 1.297 2.87 38 1-160 .00625 . 15875 4 .25 .1134 1.221 2.69
UNITED STATES 39

And on and after July first, eighteen hundred and ninety-three,

the same and no other shall be used in determining duties and taxes

levied by the United States of America on sheet and plate iron and

steel. But this act shall not be construed to increase duties upon any

articles which may be imported.

Sec. 2. Preparation of gauge standards.—The Secretary of the Treasury is authorized and required to prepare suitable standards in ac- cordance herewith.

See. 3. Variations allowed in use.—-In the practical use and application of the standard gauge hereby established a variation of two and

one-half per cent either way may be allowed.

R. S., 2951 (1861),

Ton defined; hundredweight defined.—Wherever the word "ton" is used in this chapter,'^ in reference to weight, it shall be construed as meaning twenty-hundred-weight, each hundredweight being one hundred and twelve pounds avoirdupois.

R. S., 3711, as amended Mar. 2, 1895, and Mar. 15, 1898. Weighing and measuring of coal and wood required; standard ton of

coal; standard cords of wood.—It shall not be lawful for any officer or person in the civil, military, or naval service of the United States in the District of Columbia to purchase anthracite oi' bituminous coal or wood for the public service except on condition that the same shall,

before delivery, be inspected and weighed or measured by some competent person, to be appointed by the head of the department or chief

of the branch of the service for which the purchase is made from

among the persons authorized to be employed in such department or branch of the service. The person appointed under this ;-ection shall ascertain that each ton of coal weighed by him shall consist of tvvo thousand two hundred and forty poimds, and that each cord of wood

(o be so measured shall be of the standard measure of one hundred

and twenty-eight cubic feet. Each load or parcel of wood or coal weighed and m.easured by him shall be accompanied by his certificate of the number of tons or pounds of coal and the number of cords or parts of cords of wood in each load or parcel.

R. S., 3547 (1873).

Appointment and meeting of assay commission.—To secure a due con

formity in the gold and silver coins to their respective standards

of iineness and weight, the judge of the District (Jourt for the

Eastern District of Pennsylvania, the Comptroller of the (Currency,

the assayer of the assay office at New York, and such other per- sons as the President shall from time to time designate, shall meet

as assay commissioners at the mint in Philadelphia to examine

and test, in the presence of the Director of the Mint, the fineness

and weight of the coins reserved by the several mints for this

purpose, on the second Wednesday in Februarj' annually, and may

continue their meetings hj adjournment if necessary. If a majority

of the commissioners fail to attend at any time appointed for their

meeting, the Director of the Mint shall call a meeting of the commissioners at such other time as he may deem convenient. If it appears

" The chapter in which the section occurs refers to the collection of duties upon

imports.
40 LAWS CONCERNING WEIGHTS AND MEASURES

by such examination and test that these coins do not differ from the

standard fineness and weight by a greater quantity than is allowed

by law, the trial shall be considered and reported as satisfactory.

If, however, any greater deviation from the legal standard or weight

appears, this fact shall be certified to the President; and if, on a view of the circumstances of the case, he shall so decide, the officers implicated in the error shall be thenceforward disqualified from

holding their respective offices. R. S., 3548, as amended Mar. 4, 1911. Standard weight of the mint; troy pound.—For the purpose of secur- ing a due conformity in weight of the coins of the United States

to the provisions of the laws relating to coinage, the standard troy

pound of the Bureau of Standards of the United States shall be

the standard troy pound of the mint of the United States, con- formably to which the coinage thereof shall be regulated.

R. S., 3549, as amended Mar. 4, 1911.

Standard weight for mints and assay offices; annual testing.—It shall be the duty of the Director of the Mint to procure for each

mint and assay office, to be kept safely thereat, a series of standard

weights corresponding to the standard troy pound of the Bureau

of Standards of the United States, consisting of a one-pound weight

and the requisite subdivisions and, multiples thereof, from the

hundredths part of a grain to twenty-five pounds. The troy weight

ordinarily employed in the transactions of such mints and assay

offices shall be regulated according to the above standards at least once in every year, under the inspection of the superintendent and

assayer ; and trie accuracy of those used at the mint at Philadelphia

shall be tested annually, in the presence of the assay commissioners,

at the time of the annual examination and test of coins. R. S., 3511 (1873).

Standard weights of gold coins.—The gold coins of the United States

shall be a one-dollar piece," which, at the standard weight of twentyfive and eight-tenths grains, shall be the unit of value; a quartereagle, or two and a half dollar piece; a three-dollar piece; a half

eagle, or five-dollar piece ; an eagle, or ten-dollar piece ; and a doubleeagle, or twenty-dollar piece. And the standard weight of the gold

dollar shall be twenty-five and eight-tenths grains; of the quart ?r- eagle, or two and a half dollar piece, sixty-four and a half grains;

of the three-dollar piece, seventy-seven and four-tenths grains; of

the half-eagle or five-dollar piece, one hundred and tw-enty-nine

grains; of the eagle, or ten-dollar piece, two hundred and fifty-eijjht

grains; of the double-eagle, or twenty-dollar piece, five hundred and

sixteen grains.

20 Stat., ch. 20, p. 25.

Sec. 1 (1878). Weight of standard silver dollar.—That there shall be coined at the several mints of the United States, silver dollars

of the weight of four hundred and twelve and a half grains troy of

standard silver, as provided in the act of January eighteenth,

eighteen hundred and thirty-seven, * * *,

^* The coinage of a dollar gold piece was discontinued pursuant to the act of Sept. 26, 1890 ; other gold coins contain 25.8 grains per dollar. '
UNITED STATES 41

B. S., 3513 (al876).

Standard weights of subsidiary silver coins.—The silver coins of the

United States shall be a trade-dollar,'" a half-dollar, or fifty-cent

piece, a quarter-dollar, or twenty-five cent piece, a dime, or ten-cent

piece; and the weight of the trade-dollar'' shall be four hundred and

twenty grains troy; the weight of the half-dollar shall be twelve

grams and one-half of a gram ; the quarter-dollar and the dime shall

be, respectively, one-half and one-fifth of the weight of said halfdollar. R. S., 3515 (1873).

Standard v/eight of minor coins.—* * * The weight of the piece

of five cents shall be seventy-seven and sixteen-hundredths grains

troy; of the three-cent piece," thirty grains; and of the one-cent

piece, forty-eight grains.

R. S., 3535 (1873).

Deviations from standard weight allowed; gold coins.—In adjusting

the weights of the gold coins, the following deviations shall not be

exceeded in any single piece : In the double-eagle and the eagle, one

half of a grain ; in the half-eagle, the three-dollar piece, the quarter

eagle, and the one-dollar piece, one-fourth of a grain. And in

weighing a number of pieces together, when delivered by the coiner

to the superintendent, and by the superintendent to the depositor,

the deviation from the standard weight shall not exceed one hundredth of an ounce in five thousand dollars, in double-eagles,

eagles, half-eagles, or quarter-eagles, in one thousand three-dollar

pieces, and in one thousand one-dollar pieces. R. S., 3536, as amended Mar. 4, 1911.

Silver coins.—In adjusting the weight of the silver coins the fol lowing deviations shall not be exceeded in any single piece: In the

dollar, the half and quarter dollar, and in the dime, one and one-half

grains.

R. S., 3537 (1873).

Minor coins, variation in weight.—In adjusting the weight of the

minor coins provided by this Title, there shall be no greater deviation allowed than three grains for the five-cent piece and two grains

for the three and one-cent pieces. R. S., 3505 (1873).

Tolerated loss of weight by abrasion.—Any gold coins of the United

States, if reduced in weight by natural abrasion not more than

one-half of one per centum below the standard weight prescribed

by law, after a circulation of twenty years, as shown by the date of

coinage, and at a ratable proportion for any period less than

twenty years, shall be received at their nominal value by the United

States Treasury and its offices, under such regulations as the Secre- tary of the Treasury may prescribe for the protection of the Government against fraudulent abrasion or other practices.

The laws authorizing the coinage and issue of the trade-dollar were repealed by the

act of Mar. 3, 1887, ch. .396. Its legal-tender quality had been abolished by the resolu- tion of July 22, 1876. "Coinage discontinued by act of Sept. 26, 1890, ch. 945.
42 LAWS CONCEBKING WEIGHTS AND MEASURES

R. S., 5460 (1873).

Penalty for altering weights at mints or assay of&ces.—* * * If

any of the weights used at any of the mints or assay offices of the

United States shall be defaced, increased, or diminished through the

fault or connivance of any of the said officers or persons who are employed at the said mints or assay offices, with a fraudulent intent

;

* * * every such officer or person who commits an}' or either of

the said offenses shall be imprisoned at hard labor for a term not

less than one year nor more than ten yeais, and shall be fined in a sum not more than ten thousand dollars. R. S., 2627 (1799).

Semiyearly comparison of weights and measures used in customhouses.

* * * It shall be the duty of the surveyor * * * First. To

superintend and direct all inspectors, weighers, measurers, and

gangers within his port. * * * Eighth. To examine, and, from

time to time, and particularly on the first Mondays of January and

July in each year, try the weights, measures, and other instruments

used in ascertaining the duties on imports, with standards to be provided by each collector at the public expense for that purpose; and

where disagreements or errors are discovered, to report the same to the collector: and to obey and execute such directions as he may

receive for correcting the same, agreeably to the standards.

R. S., 2920 (1846).

Determination of weight or quantity of imports.—In all cases in

which the invoice or entry does not contain the weight, or quantity, or measure of merchandise, now weighed, or measured, or gauged,

the same shall be weighed, gauged, or measured at the expense of

the owner, agent, or consignee.

R. S., 2837 (1864).

foreign weights and measures to be used in customs invoices ; original

units in invoice.—All invoices shall be made out in the weights or measures of the country or place from which the importation is made, and shall contain a true statement of the actual weights or

mea.sures of such merchandise, without any respect to the weights

or measures of the United States. R. S., 2915 (1870).

Weights to appear on casks of sugar.—The Secretary of the Treasury shall, by regulation, prescribe, and require that samples from

packages of sugar shall be taken by the proper officers, in such manner as to ascertain the true quality of such sugar; and the

weights of sugar imported in casks or boxes shall be marked dis- tinctly by the custonihouse weigher, by scoring the figures indelibly on each package.

28 Stat., ch. 166, p. 150 (1894).

Terms of weights, measures, and money in commercial reports—Preparation, printing, publication, and distribution by the Department

of State of the diplomatic, consular, and other commercial reports,

* * * That all terms of measure, weight, and money shall be re- duced to and expressed in terms of measure, weight, and coin of the

United States, as well as in the foreign terms; * * *
"UNITED STATES 43

R. S., 3249 (al872).

Standard of proof spirits ; prevention of frauds.—Proof spirit shall be

held to be that alcoholic liquor which contains one-half its volume

of alcohol of a specific gravity of seven thousand nine hundred and

thirty-nine ten-thousands (.7939) at sixty degrees Fahrenheit. * *

*

E. S., 3250 (1868).

Standard gallon to be used in sales.—In all sales of spirits a gallon

shall be held to be a gallon of proof spirit, according to the standard

prescribed in tiie preceding section, set forth and declared for the

inspection and gauging of spirits throughout the United States. 20 Stat, ch. 125, p. 351.

Sec. 21 (1879). Standard gallon for use in internal revenue.—That

the word " gallon " wherever used in the internal-revenue law relat- ing to beer, lager beer, ale, porter, and other similar fermented

liquors shall be held and taken to mean a wine gallon, the liquid measure containing two hundred and thirtj^-one cubic inches. R. S., 3308 (al872).

Authorized barrel of proof spirits.—Every distiller shall make a return of the number of barrels of spirits distilled by him, counting

forty gallons of proof spirits to the barrel, whenever such return is demanded by the collector of the district. R. S., 3339 (al876).

Standard barrel of fermented liquors.—* * * a tax of one dollar

for every barrel containing not more than thirty-one gallons; * * * more than one barrel, and not more than sixty-three gallons, shall be accounted two barrels, or a hogshead. * *

*

R. S., 2919 (1866).

Legal weight of bushel for certain products.—For the purpose of

estimating the duties on importations of grain the number of bushels

shall be ascertained by weight, instead of by measuring; and sixty

pounds of wheat, fifty-six pounds of corn, fifty-six pounds of rye, forty-eight pounds of barley, thirty-two pounds of oats, sixty pounds

of pease, and forty-two pounds of buckwheat avoirdupois weight

shall respectively be estimated as a bushel.

Tariff Act of 1922, 42 Stat., ch. 356, p. 858. Section 1, Schedule 7. Barley; corn or maize; oats; rye; wheat;

apples; standard proof for vinegar; pineapples; flaxseed; line measure.—

Par. 722. Barley, hulled or unhulled, 20 cents per bushel of fortyeight pounds; * *

* Par. 724. Corn or maize, including cracked corn, 15 cents per

bushel of fifty-six pounds; * * * Par. 726. Oats, hulled or unhulled, 15 cents per bushel of thirtytwo pounds; * * * Par. 728. Rye, 15 cents per bushel of fifty-six pounds ; * * * Par. 729. Wheat, 30 cents per bushel of sixty' pounds ^ * *

* Par. 734. Apples, green or ripe, 25 cents per bushel of 50 pounds

* * *

" So much of this section as relates to buckwheat, namely, " forty-two pounds of buckwheat," was repealed by the McKinley Tariff Act of 1890.
44 LAWS CONCEENING WEIGHTS AND MEASURES

Par. 738. Cider, 5 cents per gallon ; vinegar, 6 cents per proof gallon : Provided, That the standard proof for vinegar shall be 4 per

centum by weight of acetic acid.

Par. 746. Pineapples, 22^^ cents per crate of one and ninety-six one hiondredths cubic feet; * *

* Par. 760. Oil-bearing seeds and materials: * * * flaxseed, 40

cents per bushel of fifty-six pounds | * *

* Par. 1410. * * * Provided, That tlie term "line" as used in

this paragraph shall mean the line button measure of one-fortieth

of one inch.

Sec. 481. Contents of invoice.—{a) That all invoices of merchandise

to be imported into the United States shall set forth— * * * (4) The quantities in the weights and measures of the countr}^ or place from which the merchandise is shipped, or in the weights

and measures of the United States; * * *

R. S., 2395 (al877).

Measurement of public lands; size of township established; size of legal section of land; authorized units for land measurements,—The

public lands shall be divided by north and south lines run according

to the true meridian, and by others crossing them at right angles, so as to form townships of six miles square,^^ unless where the line of an

Indian reservation, or of tracts of land heretofore surveyed or

patented, or the course of navigable rivers, may render this impracticable; and in that case this rule must be departed from no further

than such particular circumstances require. * * * the township

shall be subdivided into sections, containing, as nearly as may be,

six hundred and forty acres each, by running through the same, each way, parallel lines at the end of everj'^ two miles; and by making a corner on each of such lines, at the end of every mile. * * *

* * * All lines shall be plainly marked upon trees, and meas- ured with chains, containing two perches of sixteen and one-half

feet each, subdivided into twenty-five equal linlcs; and the chain

shall be adjusted to a standard to be kept for that purpose.

R. S., 3306 (1868).

Using false weights (or measures) in ascertaining materials ; penalty.

Every person who knowingly uses any false weights or measures

in ascertaining, weighing, or measuring the quantities of grain, meal,

or vegetable materials, molasses, beer, or other substances to be used

for distillation, shall be fined not less than five hundred dolllars nor more than five thousand dollars, and imprisoned not less than one

year nor more than three years. * *

*

R. S., 3880 (al872).

Metric postal balances for post offices.—The Postmaster General shall

furnish to the post offices exchanging mails with foreign countries,

and to such other offices as he may deem expedient, postal balances

denominated in grams of the metric system, fifteen grams of

which shall be the equivalent for postal purposes, of one-half ounce

avoirdupois, and so on in progression.

18 Ttig instructions of the surveyor general allow for the convergency of meridians. " Attention is called to the fact that the avoirdupois ounce is the present unit of weight for letters naalled in the United States, addressed for delivery In foreign

countries.
45

R. S., 4153 (al909).

ITet or register tonnage defined.—The register tonnage of every

vessel built within the United States or owned by a citizen or citizens

thereof shall be her entire internal cubical capacity in tons of one hundred cubic feet each, to be ascertained as follows: * *

* And the proper deduction from the gross tonnage having been

made, the remainder shall be deemed the net or register tonnage

of such vessels. * *

*

R. S., 4571 (1872).

Weights and measures to be kept by merchant shipmasters.—Every

master shall keep on board proper weights and measures for the

purpose of determining the quantities of the several provisions and

articles served out, and shall allow the same to be used at the time

of serving out such provisions and articles, in the presence of a witness, whenever any dispute arises about such quantities, and in

default shall, for every offense, be liable to a penalty of not more

than fifty dollars. 40 Stat., ch. 24, p. 450, as amended August 20, 1919.

Sec. 1. Standard time for territorial zones; definition of zone limits.

That for the purpose cf establishing the standard time of the United

States, the territorj' of continental United States shall be divided

into five zones in the manner hereinafter provided. The standard

time of the first zone shall be based on the mean astronomical time of

the seventy-fifth degree of longitude west from Greenwich; that of

the second zone on the ninetieth degree ; that of the third zone on the one hundred and fifth degree ; that of the fourth zone on the one hundred and twentieth degree ; and that of the fifth zone, which shall include only Alaska, on the one hundred and fiftieth degree. That

the limits of each zone shall be defined by an order of the Interstate Commerce Commission, having regard for the convenience of commerce and the existing junction points and division points of com- mon carriers engaged in commerce between the several States and

with fpreign nations, and such order may be modified from time to time.

Sec. 2. Standard to govern movements of common carriers; official acts

to be regulated thereby.—That within the respective zones created

under the authority hereof the standard time of the zone shall govern

the movement of all common carriers engaged in commerce between

the several States or between a State and any of the Territories of

the United States, or between a State or the Territory of Alaska and

any of the insular possessions of the United States or any foreign

country. In all statutes, orders, rules, and regulations relating to the time of performance of any act by any officer or department of

the United States, whether in the legislative, executive, or judicial

branches of the Government, or relating to the time within which

any rights shall accrue or determine, or within which any act shall or shall not be performed by any person subject to the jurisdiction

of the United States, it shall be understood and intended that the

time shall be the United States standard time of the zone within

which the act is to be performed.

Sec. 4. Standards designated.—That the standard of time of the first zone shall be known and designated as United States standard eastern
46 lAWS CONCEKNING WEIGHTS AND MEASURES

time; that of the second zone shall be known and designated as United States standard central time; that of the third zone shall be

known and designated as United States standard mountain time;

that of the fourth zone shall be known and designated as United

States standard Pacific time; and that of the fifth zone shall be

known and designated as United States standard Alaska time.

40 Stat, ch. 96, p. 1291, as amended by Act approved April 16, 1926.

Sec. 1. Screw-thread standardization; commission created; composition.—That an act entitled "An act to provide for the appointment

of a commission to standardize screw threads," approved July 18,

1918, as amended by an act approved March 3, 1919, and extended

by public resolutions approved March 23, 1920, and March 21, 1922,

be, and the same is hereby, amended so that it will read

" That a commission is hereby created, to be known as the Commission for the Standardization of Screw Threads, hereinafter referred

to as the commission, which shall be composed of nine commissioners, one of whom shall be the Director of the Bureau of Standards, who shall be chairman of the commission; two representatives

of the Army, to be appointed by the Secretar}^ of War; two representatives of the Navy, to be appointed by the Secretary of the

Navy ; and four to be appointed by the Secretary of Commerce, two

of whom shall be chosen from nominations made by the American

Society of Mechanical Engineers and two from nominations made

by the Society of Automotive Engineers.

" Sec. 2. Adoption of standard ; use required for Army and Navy plants,

etc.—That it shall be the duty of said commission to ascertain and

establish standards for screw threads, which shall be submitted to the Secretary of War, the Secretary of the Navy, and the Secretary

of Commerce for their acceptance and approval. Such standards,

when thus accepted and approved, shall be adopted and used in the

several manufacturing plants under the control of the War and

Navy Departments, and, so far as practicable, in all specifications

for screw threads in proposals for manufactured articles, parts, or materials to be used under the direction of these departments.

" Sec. 3. Publication officially.—That the Secretary of Commerce

shall promulgate such standards for use by the public and cause the same to be published as a public document.

" Sec. 4. Service without pay.—That the commission shall serve with- out compensation, but nothing herein shall be held to affect the pay

of the commissioners appointed from the Army and Navy or of

the Director of the Bureau of Standards.

"Sec. 5. Procedure.—That the commission may adopt rules and

regulations in regard to its procedure and the conduct of its business."
LAWS OF THE STATES. TERRITORIES. AND POSSESSIONS OF THE

UNITED STATES RELATING TO WEIGHTS AND MEASURES

ALASAMA

Const., 1901; Crim. Code, 1907, p. 72.

Sec. 77. No State inspection officer.—No State office shall be con- tinued or created for the inspection or measuring of any merchandise, manufacture, or commodity, but any county or municipality

may appoint such officers when authorized by law.

Agricultural Code, 1923, (Acts 1923, Act No. 376, p. 399), Art. 22, p. 58.

Sec. 1. Standards to be those established by Congress; penalty

for use of other standards.—There is but one standard of measure of

length and surface, one of weight, and one of capacity, throughout

this State, which must be in conformity with the standard of measure of length, surface, weight, and capacity established by Congress.

Any firm, association, corporation or person, selling, offering or exposing for sale any commodity by weight or measure which does

not correspond with such standard or measure is guilty of a misde- meanor and on conviction shall be fined not less than one nor more

than fifty dollars.

Sec. 2. Contracts, how construed.—All contracts, made within this

State for any work to be done, or for anything to be sold and delivered, must be construed to have been made according to the

standard of weight and measure thus ascertained, unless the parties

stipulate to the contrary.

Sec. 3. County standards, replacement when destroyed.—If the

Aveights and measures of any county, consisting of one weight of

fifty pounds, one of twenty-five pounds, one of fourteen pounds, one

of seven pounds, two of four pounds, two of two pounds, and two

of one pound, avoirdupois; one measure of one yard, and one of one

foot, cloth measure ; one measure of half a bushel, one of one peck,

and one of one-half peck, dry measure; one measure of one gallon, one of a half gallon, one of a quart, one of one pint, one of one-half

pint, and one of one gill, wine measure, in conformity with such

standard, are destroyed, without the fault of any official who by law

had charge of the same, the commissioner of agriculture and industries shall, upon the requisition of the probate judge and upon satis- factory evidence that the weights and measures will be kept in a

safe and suitable place, furnish weights and measures to such county.

Sec. 4. Weights per bushel and per barrel of commodities.—The

legal weights per bushel of the commodities herein named shall be

as follows : ^

Alfalfa seed pounds per bushel.. 60 Apples, green. do 50 Apples, green ..bushels per barrel.. ' 2)4 Apples, dried ..pounds per bushel.. 24 Apple seed _ do 40

Blue-grass seed do 14 Beans, dried ...do 60 Beans, green, in pod.. do 30

Beans, green, in pod bushels per barrel.. 2}/i Beans, castor pounds per bushel.. 46 Beans, velvet, shelled .do 60 Beets do 50 Blackberries do 48 Blackberries, dried ..do 28 Black medic, cleaned do 56 Bran do 20 'A slight change has been made in the arrangement for convenience of reference.

» See footnote, p. 20, relative to the Federal standard barrel. 517—26 4 47
48 LAWS CONCEKNING WEIGHTS AND MEASUEES

Broomcorn pounds per bushel.. Bur clover.. do Buckwheat do

Barley do

Carrots do Cabbage do

Carpet grass seed do

Cherries, with stems. .do

Cherries, without stems.. do

Corn, shelled do Com, in ear, shucked.. .do Corn, in ear, with shucks. .do Corn, green, with shucks do Com, green, with shucks.bushels per barrel.. Cornmeal, unbolted pounds per bushel.. Cornmeal, bolted do Cucumbers ._ do

Chestnuts.. do Cement do Coke do

Charcoal do

Coal, stone ..do Canary seed _ do

Clover seed, red and white do

Cottonseed do Crimson clover do

Eggs, extras ounces per dozen not, over.. Eggs, No. 1 ounces per dozen, net.. 24 Eggs, No 2 do 20 Eggs, No. S.ounoes per dozen net, less than. Flaxseed (linseed) pounds per bushel.. Flour, shall be (in wood). .pounds per barrel.. Gooseberries pounds per bushel.. Grapes, with stems. do

Grapes, without stems do

Horse-radish _ do

Hickory nuts _ do

Hair, plastering do Hominy do Hungarian grass seed do Herds grass do Hempseed do

Kaffir corn _ do Japan clover (Lespedeza) do

Johnson grass seed. do Land plaster do

Lime, unslacked _ do

Lime, slacked do

. 42

. 10

. 50

. 48

. 60

. 50

. 25

. 56

. 64

. 66

. 70

. 75

. 100

- 23^

. 48

. 48

. 48

. 50

. 80

. 40

. 22

. 80

. 60

. 60

. 32

. 60

. 26

to 26

to 24

. 20

. 56

. 196

. 48

. 48

- 60

. 50

. 50

. 8

. 62

. 48

. 45

. 44

. 56

. 25

. 25

. 100

. 80

. 40

Liquids.. ..gallons per barrel.. 42 Millet seed (German, Missouri, Tennessee) ..pounds per bushel.. 50 MelUotus seed (cleaned).. do 60 Orchard grass seed do 14 Osage orange seed do 33 Oats, seed do 32 Onions, matured ..do 57 Onions, top buttons do 28 Onions, button sets.. .do 32 Parsnips. do 45 Paspalum do (}) Peas, dry do 60 Peas, green, in hull do 30 Peaches, matured ._ ..do 50 Peaches, dried, impeded ..do 33 Peaches, dried, peeled do 38

Pears, matured do 60

Pears, dried do 26 Plums do 64 Pieplant.. _ do 50 Potatoes, Irish do 60 Potatoes, sweet do 55 Peanuts do 22 Popcorn, shelled ..do 56 Popcorn, unshelled do 70 Quinces, matured.. ..do 48 Raspberries do 48 Rapeseed .do 50 Rye seed .do 56 Red top -do 14 Rye grass (Italian) - do 20 Rice do 45 Sage - do 4 Salt - do 50 Sorghum, molasses pounds per gallon-. 12 Sorghum seed pounds per bushel.. 50 Strawberries do 48

Salad, turnips, kale .do 30 Salad, mustard, spinach do 30

Speltz ..do 40 Turnips.- --do 55 Turnips, rutabagas do 50 Tomatoes... do 56 Timothy seed - - do 45 Velvert grass seed - -.do 7 Walnuts.— - - do 50 Wheat - do 60

Sec. 5. State superintendent of weights and measures, who is; deputy

superintendent.—The commissioner of agriculture and inciustries by

virtue of his office shall be State superintendent of weights and

measures during his term of office acting with the advice and counsel

of the State board of agriculture. He shall designate an assistant

as deputy superintendent of weights and measures and any other

competent inspector or agent of the commissioner of agriculture

and industries may be designated by the commissioner as a State

inspector and sealer of weights and measures.

Sec. 6. Secretary of state to transfer standards; where kept; mainte- nance; city or county standards; duties of superintendent and assistants; regulations for guidance of sealers.—It shall be the duty of the secre- tary of state to deliver to the commissioner of agriculture and in- dustries, as superintendent of weights and measures, the standard

weights and measures which have come into his possession under

the provisions of chapter 47 of the Code of 1907. The commissioner

of agriculture and industries shall duly receipt the secretary of state for the standard weights and measures received, and shall take

charge of same for use as provided in this article. He shall cause them to be kept in a safe and suitable place in his office, from which

they shall not be removed except for repairs or for certification,

and he shall take all other necessary precautions for their safe-keep-

^ No weight for paspalum is givpn.
ALABAMA 49

ing. He shall maintain the State standard weights and measures

in good order and shall before they are put into use, and at least once in every ten years thereafter submit them to the National

Bureau of Standards for their certification. He shall also obtain

from the National Bureau of Standards new and additional weights

and measures as are adopted by the National Bureau of Standards

under a resolution of Congress, approved June 14, 1836. The new

weights and measures received shall be used in addition thereto or

in renewal thereof of the standard weights and measures received

from the secretary of state. These standard weights and measures when certified by the National Bureau of Standards shall be the

State standards : Provided, That similar standard weights and measures, now in possession of the probate judges of the several counties

in Alabama, and any new weights and measures when certified by

the National Bureau of Standards are kept in a safe and suitable

place, to be approved by the superintendent of weights and measures,

in the office of the probate judge, may be used in like manner and

for the same purposes as are the standard weights and measures

kept in the office of the superintendent of weights and measures. He shall, at least once in five years, try and prove, by the State

standards, all weights, measures and other apparatus which may

belong to any county or city, and shall seal such, when found to be accurate, stamping on them the letter " C " and the last two

figures of the year with seals which he shall have and keep for that

purpose. He shall have and keep a general supervision of the

weights, measures, and weighing and measuring devices offered for

sale, sold, or in use, in the State. He shall, upon the written request

of any citizen, firm, corporation, or educational institution in the

State, test or calibrate weights, measures, weighing or measuring

devices, and instruments or apparatus used as standards in the State. He, or his deputy or inspectors, by his direction, shall at least once annually test all scales, weights, and measures used in checking the

receipts and disbursements of supplies in every institution for the

maintenance of which moneys are appropriated by the legislature,

and he shall report in writing his findings to the supervisory board

and to the executive officer of the institution concerned; and, at the

request of such board or executive officer, the superintendent of

weights and measures shall appoint in writing one or more employees then in the actual service of each institution, who shall act as special deputy or deputies, without extra compensation, for the

purpose of checking the receipts and disbursements of supplies.

He shall keep a complete record of standards, balances, and other

apparatus belonging to the State and take a receipt for same from

his successor in office. He shall include a report of the work done

by his office in his general report to the State board of agriculture.

The State superintendent or his deputy, or inspectors, at his direction, shall inspect all standards and apparatus used by the counties

and cities at least once in five years and shall keep a record of the same. He, or his deputy, or inspectors, at his direction shall at

least once in five years visit the various cities and counties of the

State in order to inspect the work of the local sealers, and in the

performance of such duties he may inspect the weights, measures,

balances, or any other weighing appliance of any citizen, firm, or

corporation, and shall have the same power as the local sealer of
50 LAWS CONCERNING WEIGHTS AND MEASURES

weights and measures. The superintendent shall issue from time to time regulations for the guidance of city and county sealers, and

the said regulations shall govern the procedure to be followed by

the aforesaid officers in the discharge of their duties.

Sec. 6. City and county standards; tested by State superintendent.

The board of revenue, or court of county commissioners, of each

county and the mayor of each city, who may, in their discretion,

appoint a sealer under this article, shall keep at all times, at the

expense of the county or city, a complete set of weights and measures and other apparatus of such material and construction as said superintendent of weights and measures may direct. All such weights, measures and other apparatus having been tried and accurately

proven shall be sealed and certified to by the State superintendent as hereinbefore provided, and shall be then preserved by the county or

city sealer as public standards for such county or city. Sec. 7. County sealer, appointment of; duties; salary; no fees; powers

and duties.—The court of county commissioners, or board of revenue,

of each county may, in its discretion, appoint a county sealer of

weights and measures in each county for a term of two years. He

shall be paid a salary to be determined by said board, and no fee

shall be charged by him, or by the county, for the inspection, testing, or sealing of weights, measures, or weighing or measuring devices;

and, where not otlierwise provided by law, the county sealer shall have the power within his county, and the State superintendent, his

deputies and inspectors, within the State, to inspect, test, try, and

ascertain if they are correct, all weights, scales, beams, measures of

every kind, instruments, or mechanical devices for measuring, and

also all tools, appliances, and accessories connected with any and all such instruments or measures kept, offered, or exposed for sale, sold or used, or employed within the county by any proprietor, agent,

lessee, or employee, in proving the size, quantity, extent, area, or measurement of quantities, things, produce, articles for distribution or consumption offered or submitted by such person or persons for

sale, hire, or award; and they shall have power to and shall from

time to time weigh or measure packages or amounts of commodities

of whatsoever kind kept for the purpose of sale, offered for sale, or

sold or in the process of delivery, in order to determine whether the same contains the amount represented, and whether they be offered

for sale or sold in a manner in accordance with law. The county

sealer shall at least once each year, and as much oftener as he may

deem necessary, see that the weights, measures, and all apparatus

used in the county are correct. The county and State inspectors or agents may, for the purpose above mentioned, and in the general

performance of their official duties, enter or go in upon, and without

formal warrant, any stand, place, ljuilding, or premises, or stop any

vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon,

or any dealer whatsoever and require him, if necessary, to" proceed

to some place which the sealer may specify for the purpose of making the proper tests. Whenever the county sealer or State inspectors

find a violation of the statute relating to weights and measures, they

shall cause the violator to be prosecuted. Whenever any sealer or

inspector compares the weights, measures, or weighing and measuring instruments and finds that they correspond, or causes them to correspond, with the standards in his possession, he shall seal or mark
ALABAMA 51

such weights, measures, or weighing or measuring instruments with

appropriate devices to be approved by the State superintendent of

weights and measures. The county sealer shall keep a complete

record of all of his official acts and shall make an annual report to the board of supervisors and an annual report duly sworn to on the

first day of July to the State superintendent of weights and measures on blanks to be furnished by the superintendent. The county sealer of weights and measures shall forthwith on his appointment give a bond in the penal sum of one thousand dollars with sureties to be

approved by the appointing power for the faithful performance of

the duties of his office : Provided^ however\ That nothing in the above

shall be construed to prevent two or more counties from combining

the whole or any part of their districts as may be agreed upon by

the court of coimtj' commisyioners or board of i-evenue of such counties, with one set of standards and one sealer, upon the written consent of the State superintendent of weights and measures. A county

sealer appointed in pursuance of such an agreement for such combination shall, subject to the terms of his appointment, have the same

authority, jurisdiction, and duties as if he had been appointed by

each of the authorities who are party to the agreement.

Sec. 8. Appointment of city sealer; duties and powers; county sealer to

act, when.—Any incorporated city in this State may, in its discretion, appoint a city sealer of weights and measures under this

article. He shall be appointed by the mayor, by and with the advice

and consent of the alclermen or by the city commission, as the case may be. He shall perform in said city similar duties, and have like

powers, as the county sealer in the county. In those cities in which

no sealer is appointed as above, the county sealer of the county, if there be one, shall perform in said cities the duties and have like

powers as in the county: Provided, however, That nothing in the

above shall be construed to prevent any county and a city situated

[tlierein] from combining the whole or any part of their districts as may be agreed upon by and between the court of county commissioners or board of revenue of the county and the mayor and aldermen, or city commission, of such city, with one sealer, subject to the

written approval of the State superintendent of weights and measures. A sealer so appointed in pursuance of an agreement for such

combination shall, subject to the terms of his appointment, have the same authority, jurisdiction, and duties as if he had been appointed

by each of the authorities who are parties to the agreement.

Sec. 9. False weights and measures; penalty.—Any person who by

himself or by his servant or agent or as the servant or the agent of

another shall olfer or expose for sale, sell, or use or retain in his

possession a false weight or measure or weighing or measuring device

or any weight or measure or weighing or measuring device which

has not been sealed by the sealer of weights and measures within five years, in the buying or selling of any coixmiodity or thing or for hire

or reward; or who shall dispose of any condemned weight, measure,

or weighing or measuring device contrary to law or remove any tags

placed thereon by the sealer of weights and measures ; or any person

who by himself or by his servant or agent as the servant or agent of

another shall knowingly sell or offer [or] expose for sale less than the

quantity he represents, or sell or offer or expose for sale any such

commodity in a manner contrary to law; or any person who by
52 LAWS CONCERNING WEIGHTS AND MEASTTRES

himself or by his servant or agent, or as the servant or agent of

another, shall sell or offer for sale or have in his possession for the

purpose of selling any device or instrument to be used to, or cal- culated to, falsify any weight or measure, shall be guilty of a misdemeanor, and shall be punished by a fine of not less than twenty

dollars nor more than one hundred dollars or b}^ imprisonment for

not more than three months or by both such fine and imprisonment

upon first conviction ; but upon a second or subsequent conviction he

shall be punished by a fine of not less than fifty dollars nor more

than five hundred dollars or by imprisonment in the county jail for

not more than one year or by both such fine and imprisonment.

Sec. 10. Police powers for sealers.—The superintendent of weights

and measures, his deputy, inspectors, and the county and city sealers of weights and measures are hereby made special policemen, and

are authorized to seize, for use as evidence and without formal wari-ant, any false or unsealed weight, measure, or weighing or measuring device or package or amounts of commodities found to be used,

retained, or offered or exposed for sale or sold in violation of law.

Sec. 11. Hindering or obstructing an official; penalty.—Any person

who shall hinder or obstruct in any way the superintendent of

weights and measures, his deputy or inspectors, or any county or

city sealer in the performance of his official duties shall be guilty

of a misdemeanor, and shall be punished upon conviction thereof,

in any court of competent jurisdiction, by a fine of not less than ten nor more than two hundred dollars, or by imprisonment in the

county jail for not more than ninety days or by both such fine and

imprisonment.

Sec. 12. Impersonating an official; penalty.—Any person who shall impersonate in any way the superintendent of weights and measures,

his deputies, inspectors, or any county or city sealer, by use of his

seal or otherwise, shall be guilty of a misdemeanor and shall be

punished by a fine of not less than one hundred doUars nor more

than five hundred dollars, or hj imprisonment in the county jail

for not more than ninety days or by both such fine and imprisonment.

Code, 1923, Vol. 1, Pol. Code, p. 1066.

Sec. 2018 (1907). Scales, etc.—The council [of municipal corporations] may provide public scales and an inspection of weights and

measures, and may provide punishment for persons, firms, and cor- porations using fraudulent weights and measures; * * *.

Agrienlttiral Code, 1923, Art. 5, p. 9. Sec. 4. Food, misbranding ; net contents to be marked ; slack filling prohibited.—* * * That for the purpose of this article an article of

food or drugs shall also be deemed to be "misbranded. A. In case of food: * * * Third. If in package form, the name of the

article, together with the quantity of the contents in terms or weight,

measure, or numerical coimt and the name and principal address of

the manufacturer or other person responsible for placing the article on the market, be not plainly and conspicuously marked on the outside of the package. Fourth. If in package form, the package be not

filled with the food it purports to contain, within the litaits of toler- ance fixed by the State board of agriculture, irrespective of whether
ALABAMA 53

the quantity of the contents be plainly and conspicuously marked on

the outside of the package in terms of weight, measure, or numerical

count. Agricultural Code, 1923, Art. 6, p. 13.

Sec. 10. Ice cream, standard of weight.—For the purpose of this article, ice cream shall be deemed to be adulterated: * * * Fifth.

If it contains less weight per unit volume than the standards promulgated from time to time by the State board of agriculture.

* * *

Agricultural Code, 1923, Art. 10, p. 23.

Sec. 4. The legal weight standard of eggs in the State of Alabama

shall be as follows: Extras, No. 1, No. 2, and No. 3. Extras must

weigh over 26 ouiices per dozen net. No. 1 must weigh 24—26 ounces

per dozen net. No. 2 must weigh 20-24 ounces per dozen net. No. 3

those eggs that weigh less than 20 ounces per dozen net. When eggs

are sold on the basis of the legal weight standard, the retail price

will be quoted as of grade No. 1. If other than grade No. 1, proper

adjustment must be made.

Agricultural Code, 1923, Art. 11, p. 26.

Sec, 1. Standard containers for corn meal; net weight to be marked.

Any miller or person shall be guilty of a misdemeanor who

manufactures, grinds, or re-packs corn meal, or who conducts a merchant mill, to pack or cause to be packed, or be offered for sale

to merchants or the general public, or to carry in stock with intent

to sell, corn meal, bolted or unbolted, packed in any other than six

pounds, twelve pounds, twenty-four pounds, forty-eight pound, and

ninety-six pound sacks, or ninety-six pound barrels, and one hundred and ninety-six pound barrels, wood; or shall fail to have

plainly printed or stenciled upon them " bolted meal," or "unbolted

meal," steam or water ground, as the case may be, as indicating the

kind of power used in the mill producing the same, " eighth bushel,"

" fourth bushel," or " peck," half bushel," " one bushel," " two

bushels," and the barrel and half barrel, or who shall fail to show the

net weight in pounds.

Sec. 2. Violation a misdemeanor; corn meal may be sold from bulk.

Any merchant, dealer, vendor, hawker, or other person, who sells any corn meal, bolted or unbolted, in any other than six pounds,

twelve pounds, twent3^-four pounds, forty-eight pounds, and ninetysix pound sacks, or ninety-six pound half barrels, and one hundred

and ninety-six pound barrels, wood, shall be guilty of a misdemeanor; provided any retail merchant, may, on order, weigh and

sell, from bulk meal, any number of pounds desired by any individual customer.

Sec. 3. Penalty.—Any person, convicted under either of the two

preceding sections, shall be fined not less than fifty nor more than

one hundred dollars for the first offense, but on the second conviction shall be fined not less than one hundred nor more than five hundred dollars, one-fourth of said fine in either instance shall be

paid to the informer furnishing proof leading to a conviction, out

of the county treasury, after the payment of such fine upon the order

of the solicitor prosecuting the case.
54 LAWS CONCEKSriKG WEIGHTS AND MEASUEES

Sec. 4. Enforcement.—The commissioner af agriculture and industries shall cause to be made from time to time such investifrations as may be necessar}" to determine whether the provisions of this arti- cle have been complied with. If it shall appear from such investigations that any provisions of this article have been violated, he

shall certify the facts to the solicitor in the county or district in

which the violation was committed and furnish that officer with the

facts in the case.

Sec. 5. "Weights fixed by Congress to be recognized within the State.

Should dnrinir the operation of this article, a national decimal

weight bill or other bill be passed by Congress, authorizing the sale in interstate commerce of corn meal in packages or bags differing in weight and branding from the weights and branding prescribed in sections 1 and 2 of this article, the weights and branding described

in the national bill for interstate commerce may for the sake of uniformity become operative in the intrastate trade of Alabama, in

lieu of the weights and branding herein prescribed in sections 1 and

2: Provided^ That the commissioner of agi-iculture and industries

issue and give publicitj- to this effect. Agricultural Code, 1923, Art. 20, p. 51.

Sec. 1 Grain and cottonseed hulls, method of sale.—Any person who

sells any corn, oats, rye,wheat, barley or cottonseed hulls, in sacks

or bags, except in quantities hei/einafter respectively prescribed, shall be guilty of a misdemeanor.

Sec. 2. Weight of bags; marking.—Oats shall be sold in sacks con- taining two and one-half and five bushels, weighing net respectively

eighty and one hundred and sixty pounds; rye and corn in two

and two and one-half bushel sacks, weighing net one hundred an^l twelve pounds and one hundred and forty pounds respectively ; wheat

in two bushel sacks, weighing net, respectively ninety-six and one himdred and forty- four pounds; and cottonseed hulls in one hundred pound sacks or bags; provided, that such sacks, bags or packages shall have plainly marked or stenciled thereon in large

type and figures, the net quantities herein required and the name

and address of the manufacturer or distributor.

Sec. 3. Not applicable to article sold in bulk.—The foregoing provisions shall apply only when said articles are sold in sacks, bags or other packages, and shall not prevent the sale of any of said articles in bulk. These provisions shall not apply to sales of grain or cereals

by the producer or grower of such grains or cereals. Agricultural Code, 1923. Art. 31, p. 85.

Sec. 3. Cotton, amount and weight of bagging and ties to be fixed.

Power is hereby conferred upon the State board of agriculture to establish rules and regidations net inconsistent with law, for the

conduct and management of public gins, the character, amount and

weight of bagging and ties to be used, the marking or tagging of

cotton, the records to be kept, reports made as to ginning and other

like matters that may tend to protect the interests of the public.

Agricultural Code, 1923, Art. 32, p. 86.

Sec. 1. Cotton, deduction from weight unlawful; imtested weights prohibited.—It shall be unlawful for any person, in buying baled cotton,
ALABAMA 55

or in weighing such cotton for sale, to deduct from the actual weight

thereof, as shown on a level-standing beam of the scale, or to use

in weighing cotton untested weights, so as to deprive the seller of

the cotton of any of its real value.

See. 2. Violation, penalty.—Any person, who violates the preceding

section, shall be guilty of a misdemeanor, and on conviction, be fined

in each case, not less than ten nor more than fifty dollars. But

deductions may be made by mutual consent of buyer and seller or

their authorized agents or representatives, on wet or damaged cot- ton bales, on each bale so weighed or deducted from.

Sec. 3. Kecord to be kept of cotton v^eighed.^—Any corporation, companies, individuals, or their agents, operating or owning places for

storing and weighing cotton, doing business in this State, who fail to keep a record of all bale cotton weighed by warehousemen, cor- porations, companies, individuals or their agents, for whom each

bale of cotton is weighed, with the names of such persons arranged

alphabetically, or who fails to keep such record open to the inspection of the public at all reasonable times, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than

twenty-five nor Inore than five hundred dollars, for each violation

thereof.

Agricitltnral Code, 1923, Art. 30, p. 82.

Sec. 1. Terms defined.—^In this article the term " agricultural products " shall include horticultural, viticultural, dairy, bee, poultry

and any farm product ; the word " person " shall include individuals,

partnerships, corporations, associations, or tAvo or more individuals

having a joint or common interest; words used import the singular

or the plural as the case may demand.

Sec. 2. Standards for containers. —In order to f)romote, protect, further, and develop the aaTicultural interests of this State the conin)issio]}er of agriculture and industries, with the advice and counsel

of the State board of agriculture is hereby authorized and e"mpowored after investigation and piiblic liearing to fix and promulgate

official standards tor grading and classifying any or all agricultural

products grown or produced in this State and to fix and promulgate

official standards for containers of farm products and to change any

of them from time to time.

Sec. 3. Standards, when effective.—In promulgating the standards or any alterations or inodification of such standards the commissioner

of agriculture and industries shall specify the date or dates when

the same shall become efl'ective and shall give public notice not less than 30 days in advance of such date or dates by such means as he

deems proper, and he is hereby authorized and empowered to employ

j-easonable methods for diffusing information concerning the standards that may be fixed by iiim for any agricultural product or

container.

Sec. 11. Unlawful to use other container when standard has become

effective.—* * * Whenever any standard for a container for an

agricultural product becomes effective under this article, no person

thereafter shall pack for sale, offer for sale, consign for sale, or sell and deliver, in a container, any such agricultural product to which

the standard is applicable, unless the container conform to the stand-
56 LAWS CONCBENING WEIGHTS AND MEASURES

arcl subject to such variations therefrom as may be allowed in the

regulations made under this article, unless such product be brought

from outside the State and offered for sale, consigned for sale or

sold in the original package. Any person violating this section shall be guilty of a misdemeanor and upon conviction thereof shall be

fined not more than five hundred dollars or be imprisoned not more

than one year or both.

Agricultural Code, 1923, Art. 15, p. 32.

Sec. 2. Commercial feeds; size of bags.—Every lot or parcel of commercial feeds sold in tliis State shall have affixed thereto a tag or

label, in a conspicuous place on the outside thereof, containing a

legible and plainly printed statement in the English language, clearly

and truly certifying the net weight of tlie package (provided that

all commercial feeds shall be in standard weight bags or packages

of 25, 50, 100, 150 or 200 pounds, except that packages weighing

eight and one-third pounds net may be distributed to retailers in one hundred pound containers and sold only when the packages are tagged or labeled as provided in this article and the one hundred

pound container have affixed thereto a one cent tax stamp) ; the

name, brand, or trade-mark under which the article is sold; the name and address of the manufacturer, jobber or importer, * *

*

Agricultural Code, 1923, Art. 16, p. 36.

Sec. 15. Commercial fertilizer; weight to be marked.—Every bag,

barrel or package of commercial fertilizers sold or distributed within this State shall have affixed thereto a tag or label, containing a

legible and plainly printed statement in the English language,

clearly and truly certifying the following information in the order

indicated. (1) Net weight of each bag, barrel or package in pounds;

(2) brand name or trade mark; * *

*

Code, 1923, Vol. 2, Crim. Code, ch. 249, p. 815.

Sec. 5614°. Selling by false weights and measures.—If any person

shall knowingly buy oj- sell by false weights or measures, he shall be

deemed a conmion cheat, and shall be punished as for a misdemeanor.

Code, 1923, Vol. 2, Crim. Code, ch. Ill, p. 212.

Sec. 3774 (a) (al890). Weighing cotton.—^It shall be unlawful for

any person, firm, company, or corporation, in buying baled cotton, or

in weighing such cotton for sale, to deduct from the actual weight

thereof, as shown on a level-standing beam of the scale, or to use in weighing cotton untested weights, so as to deprive the seller of the cotton of any of its real value.

Sec. 3775. Violation.—Any person, firm, company or corporation

who violates the preceding section, shall be guilty of a misdemeanor,

and, on conviction, be fined in each case, not less than ten nor more

than fifty dollars. But deductions may be made by mutual consent

of buyer and seller or their authorized agents or representatives, on

wet or damaged cotton bales, on each bale so weighed or deducted

from.

Code, 1923, Vol. 1, Pol. Code, ch. 47, p. 1253.

Sec. 2729 (1915). Standard measure for oysters; stamped by inspector; record of measures.—A standard measure for oysters is estab-
AT/AEAMA 57

lished, which said measures shall consist of a tub or other round

vessel of the following dimensions, to wit, it shall measiire seventeen inches in diameter inside at the bottom and twentyone and a half inches in diameter inside at the top, and fourteen

and a half inches inside from bottom to top, or a box con- taining the equivalent number of cubic inches or a box twenty

inch by twenty inch by twelve and sixty-one one-hundredths of an

inch. Two of these measures filled to the top shall make one

barrel, and all oysters bought and sold in this State in the shell shall be measured in a measure of these dimensions, or a measure

holding a fraction or multiple thereof, and it shall be unlawful

for any person to have in his possession any measure for oysters

in the shell which shall diifer inside from the measure herein provided for, or demand or require a greater or less measure in buying

or selling : and no vessel or measure shall be used in buying or selling

oysters until it has been measured and stamped by the oyster inspector. The oj^ster inspector shall measure such measures and shall

visit for that piu'pose each place where oysters are bought and sold,

and he shall keep a book in which shall be recorded the dimensions

of all measures so measured.

Code, 1923, Vol. 2, Grim. Code, eh. 201, p. 654.

Sec. 5115 (1892). Illegal measurement in buying and selling oysters.

Any person buying or selling oysters in the shell by measure who uses any other than the box measure of the shape and dimensions required

by law must, on conviction, be fined not less than ten nor more than

one hundred dollars. Agricultural Code, 1923, Art. 19, p. 49.

Sec. 1. White lead or paint to be labeled.—Every person who shall

sell, within this State, any white lead or paint, shall accurateh^ label the same as hereinafter required.

Sec. 2. Definition.—The term " paint " as used in this article, shall include white lead in oil or any compound intended for the same

use, paste or semi-paste, and hquid or mixed paint of any kind

ready for use, or any compound intended for the same use.

Sec. 3. Net contents to be marked.—Labels required by this article shall clearly and distinctly state the name and address of the manufacturer of the article, or the dealer therein, or of the party for

whom the same is manufactured, * * *. Xhe label shall also

state, in case of liquid paints, and other compounds, on packages

holding one quart or more, the net measure of contents of each can, package or container. In case of white lead and other paints and

compounds, the label shall show on packages weighing four pounds

or more the net weight of each can, package or container.

Agricultural Code, 1923, Art. 6, p. 13.

Sec. 8. Operators of milk or cream testing apparatus to be licensed;

violation, penalty.—It shall be unlawful for any person to operate

a milk or cream testing apparatus to determine the percentage of

niilk fat in milk or cream for the purpose of purchasing same,

either for himself or another, without first securing a license from

the commissioner of agriculture and industries, who shall issues such

license upon a form prepared by him, upon payment of a fee of one

dollar, for a period of twelve months; provided the applicant for
58 LAWS CONCEBNING WEIGHTS AND MEASURES

license shall pass a satisfactory personal examination that shall sat- isfy said commissioner that he is competent and qualified to operate

and use such apparatus and make an accurate test with same which

license may be revoked by the commissioner when it shall be shown

that such licensed person is incompetent or unreliable. Any person

making application for tester's license may be issued a permit by the

commissioner to do testing until such time as a personal examination

can be given by the commissioner or his duly authorized agent. The

testing of each lot of milk or cream by any unlicensed person shall constitute a separate offense under this article: Provided, That any

licensed person may for a valid reason satisfactory to said commissioner, appoint a substitute for a period not to exceed fifteen days,

and subject to the approval of said commissioner.

Sec. 9. Unlawful falsely to manipulate testing" apparatus.—It shall be

unlawful for any person, either for himself or another to falsely

manipulate or under-read or over-read or take inaccurate samples

or take any false determinations b}' Babeock test or any other con- trivance used to determine the quantity of fat in milk or cream or value of milk or cream delivered to a creamery, cheese factory, con- densary, ice cream plant, milk plane, or milk depot, or when sold or purchased. The te.st shall be clear oil, free from sediment, solids, or other foreign substance, and must be read at a temperature of 12.5 degrees—140 degrees F. Cream test must be weighed. The scales must be sensitive and accurate. The tester and owner or owners are

jointlj'^ responsible for their accuracy. All licensed receiving sta- tions, conducted for the purchase of butter fat either in the form of cream or milk, shall retain in a cool, clean sanitary place, and in

tightly stopped bottles, or tightly covered jars the exact, properly

labeled samples of cream or milk from which the butterfat test has

been conducted, until 4 p. m. of the day following the application of

the test where daily testing is practiced, and until 4 p. m. of the

second day following the application of the test where compo.site

testing of individual deliveries is practiced.

Code, 1923, Vol. 1, Pol. Code, ch. 41, p. 949.

Sec. 1616 (1911). Standards, etc., to be prociired,—The chief mine

inspector shall procure for the State at the State's expense a full and

complete set of standards and other equipment, such as, in his

opinion, are necessary in the testing of scales, beams, and other neces- sary apparatus to be used for a just weighing of coal and other

material at the coal mines according to the State standard of weights

and it shall be the duty of said inspector to examine, test and cause

to be adjusted as often as occasion demands, all scales and other

apparatus used in weighing coal at coal mines.

See. 1708. Scales provided by owner when miners paid by weight.

The owner or operator of each coal mine, at which the miners are paid by weight, shall provide such mines with suitable scales of

siandard make for the weighing of all coal, when contracted for to be weighed.

Sec. 1709. Coal weighed and credit given miner, 2,000 pounds a ton.

All coal mined in this State, contracted for payment by the ton or other weight shall be weighed, and the full weight thereof shall be

credited to the miner of such coal, and two thousand pounds of coal

shall constitute a ton.
ALABAMA 59

Sec. 1710. Check weighman may be furnished by miners; duties, etc., of.—In all coal mines, the miners employed and working therein

may furnish a check weighman, who shall, at proper times, have full access and examination of the scales, and see all measures and weights

and accounts kept of same: Provided, That not more than one per- son shall have such right of access, examination and inspection of

scales, measures and accounts at the same time.

Sec. 1711. Persons having access to scales, etc.—The mine inspector,

miners employed in the coal mines and the owner of the land or per- sons interested in the rental and royalty of such mines, shall at all times have full right of access to scales used at said mines, including

tally sheets or tally book in which the weight of coal is kept, to examine the amount of coal mined, for the purpose of testing the

accuracy thereof.

Code, 1923, Vol. 2, Crim. Code, ch. 186, p. 626.

Sec. 4988 (1894). Mine operator failing to have ore or coal accurately weighed.—Any person or corporation operating any ore or

coal mine in which miners or other laborers are employed to mine

or cut ore or coal for a compensation to be determined by the weight

of the ore or coal mined or cut, who fails to weigh, or cause to be

weighed, accurately and correctly, any ore or coal so mined or cut by such miners or laborers, must, on conviction, be fined for each

olfense not less than ten dollars nor more than one hundred dollars.
ALASKA

Compiled Laws, 1913, Crim. Code, ch. 3, p. 653.

Sec. 1949°. Using false weight, etc.—That if any person shall knowingly use any false weight or measure, and shall thereby defraud or otherwise injure another, or shall knowingly mark or stamp a false weight or measure or false tare upon any cask or package, or shall knowingly sell or offer for sale any cask or package so marked, such

person, upon conviction thereof, shall be punished by imprisonment

in the county jail not less than one month nor more than one year, or by fine not less than fifty nor more than five hundred dollars.

60
ARIZONA

Revised Stats., 1913, Title 56, p. 1787.

Sec. 5510 (1912). Standards adopted.—The weights and measures

received from the United States under a resolution of Congress ap- proved June 14, 1886 [1836,] and such new weights and measures as

shall be received from the United States as standard weights and

measures in addition thereto or in renewal thereof, and such as shall be supplied by the State in conformity therewith and certified by the

National Bureau of Standards, shall be the State standards by which

all municipal standards of weights and measures shall be tried,

approved, and sealed.

Sec. 5511. State inspector; fees; proviso; fees, record and disposition

of.—There shall be a State inspector of weights and measures who

shall be appointed by the governor by and Avith the advice and consent of the Senate. Such inspector shall be appointed for a term of

two years and shall receive a salary of two thousand dollars per year. The State inspector of weights and measures shall be allowed for

clerical services and for traveling and contingent expenses for himself such sums as shall be appropriated by the legislature.

For inspecting, testing, and sealing, weights and measures the

State inspector shall charge, and collect from, the person owning or using such weight or measure, the following fees : Provided^ however,

That no fee shall be charged or collected for the inspection of

weights or measures, or weighing or measuring devices, of any State

institution

For each counter scales of capacity of 6 pounds or less $0. 15 For each counter scales of capacity of more than 6 pounds . 25 For each counter scales of 1,000 pounds or less . 50 For each portable platform scales of capacity of more than 1,000 pounds- 1. 00 For each dormant or floor scales 2. 50 For each railroad-track scales 5. 00 For each spring scales of capacity of 30 pounds or more . 50 For each spring scales of capacity of less than 30 pounds . 25 For all other scales, instruments, and devices for weighing not herein

specified, each . 50 For each measure containing 1 gallon or less . 05 For each measure containing more than 1 gallon, for first gallon, and for each additional gallon or fractional part thereof . 05 For each yard measure or fractional part thereof . 05 Provided, liowever, That where any weight or weights, measure or

measures, scale or scales, balance or balances, scale beam or scale beams, steelyard or steelyards, or any other instrument or device

for weighing or measuring, used by or belonging to any person, firm, or corporation shall be tested by said inspector oftener than once per

year, no fee or fees shall be charged or collected for more than one

inspection per year, except in case such instrument or device be found

upon a subsequent testing to be false and incorrect, whereupon the

regular fee shall be collected and paid.

61
62 LAWS CONCERNING WEIGHTS AND MEASUEES

The inspector shall keep an itemized list of all fees collected by

liim in pursuance of this title, and at the end of each month he shall

turn said fees and said itemized list over to the State treasurer and

take his receipt therefor.

Sec. 5512. Further duties of State inspector; State standards, preservation and verification; report; inspection of city standards and work of local sealers; police powers; record of inspection; bond.—^The State in- s{)ector of weights and measures shall take charge of the standards

adopted by this title as the standards of the State, and cause them to be kept in a fireproof building belonging to the State (or in a safe

and suitable place in the office of the inspector), from which they

shall not be removed except for repairs or for certification; and he

shall take all other necessary precautions for their safe-keeping. He

shall maintain the State standards in good order, and shall submit

them at least once in ten years to the National Bureau of Standards

for certification. He shall at least once in two years try and prove by

the State standards all standards, weights, measures and other test- ing apjDaratus, which may belong to any city, and shall seal such

when found to be accurate b}' stamping on them the letter "A"

and the last two figures of the year, with seals which he shall have and keep for that purpose. He shall procure, at the expense

of the State, a portable set of weights and measin-es, balances and

other necessary testing appliances, to be used in the inspection of

all weights, or measures, weighing or measuring devices, owned

by the State, or by any person, hrm, or corporation, or by any

agent, lessee, or employee thereof, in all precincts, towns or cities with a population of not more than five thousand nor less than

nine hundred inhabitants according to the latest official State or United States census. He shall compare such portable set of

weights and measures, balances, and other necessary testing appliances, with the State standards, at least once annually, and in the event such portable set of standards is found to be inaccurate, he

shall cause it to correspond with the State standards in his custody.

He shall have and keep a general supervision of the weights, measures, and weighing and measuring devices, offered for sale, sold, or

in use in the State. He shall upon the written request of any citizen,

firm, corporation, or educational institution in the State, test or cali- brate weights, measures, or other weighing or measuring devices and

instruments or aj^paratus used as standards in the State. He shall

at least once annually test all scales, weights, and measures, used in

checking the receipts or disbursements of supplies in any institution

for the maintenance of which moneys are appropriated by the legislature, and he shall report in writing his findings to the supervisory

board, and to the executive officers of the institution concerned, and,

at the request of such board of executive officers, the State inspector

of weights and measures shall appoint one or more employees then

in the actual service of such institution, who shall act as special

deputies for the purpose of checking the receipts or disbursements

of supplies. He shall keep a complete record of the standards, bal- ances and other apparatus, belonging to the State, and take a receipt

for the same from his successor in office. He shall amiually on the

first day of June make to the governor a report of the work done by

his office. The State inspector shall inspect all standards and ap- paratus used by the cities at least once in two years, and shall keep
ARIZONA 63

a record of the same. He shall at least once every year visit the

various cities of the State having city sealers, in order to inspect

the work of such local sealers, and in the performance of such duties

he may inspect the weights, measures, balances, or any other weighing or measuring appliances, of any citizen, firm, or corporation,

and shall have the same powers as the local sealer of weights and

measures. It shall be the duty of the State inspector, and he is hereby empowered, in all precincts, towns, or cities of not less than

nine hundred, nor more than five thousand inhabitants according to the latest official State or United States census, and in all other

places and precincts whenever request is filed with his office so to do, to inspect, test, try and ascertain if they are correct, at least once

a year, and as much oftener as he may deem necessary, all weights,

scales, beams, measures of every kind, instruments or mechanical

devices for weighing or measuring, and tools, appliances, or accessories, connected with any or all such instruments kept, ofi:ered, or exposed for sale, sold, or used, or employed, within the city by any

proprietor, agent, lessee or employee, in proving the size, quantity,

extent, area, or measurements, or quantities, of things, produce, or

articles for distribution or consumption offered or submitted by any

such person or persons for sale, hire, or award ; and he shall have the

power to and shall from time to time, weigh or measure packages or amounts of commodities of whatsoever kind kept for the purpose of

sale, offered for sale, or sold, or in the process of delivery, in order

to determine whether the same contains the amount represented, and

whether they be offered for sale or sold in a manner in accordance

with law. He may for the purpose above mentioned and in the general performance of his official duties, enter and go into or upon,

and without formal warrant, any stand, place, building or premises,

or stop any vendor, peddler, junk dealer, coal wagon, ice wagon,

delivery wagon, or any dealer whatsoever, and require him, if necessary, to proceed to some convenient place for the purpose of making

the proper test. When the State inspector finds a violation of the

statutes relating to weights and measures, he may cause the violator

to be prosecuted. When the inspector compares weights or measures,

or weighing or measuring instruments, and finds that they corre- spond with the standards in his possession, he shall seal or mark

such weights or measures, or weighing or measuring instruments

with appropriate devices. He shall condemn and seize, and may

destroy incorrect weights or measures, or weighing or measuring

instruments which in his best judgment are not susceptible of satis- factory repair ; but such as are incorrect and yet may be repaired he

shall mark or tag as " condemned for repairs." The owner or users

of any weights or measures, or weighing or measuring instruments

of which such disposition is made shall have the same repaired or

corrected within fifteen days, and they may not use or dispose of the same in any way, but shall hold the same at the disposal of the

inspector. Any apparatus which has been " condemned for repairs " and has not been repaired as required above, shall be confiscated by

the inspector.

The State inspector shall keep in a book, together with a card

index system to be furnished him by the State, a complete list of

all scales, or weights, or weighing or measuring devices, inspected

517—26 5
64 LAWS CONCERNING WEIGHTS AND MEASUBES

and tested by him, the name of the person, firm, or corporation,

owning the same, and the date and result of all inspections, and

shall at all times keep the same open to the inspection of the public.

The State inspector shall issue from time to time regulations for

the guidance of city sealers, and the said regulations shall govern

the procedure to be followed by the aforesaid officers in the dis- charge of their duties.

The State inspector shall forthwith on his appointment give a bond in the penal sum of five thousand dollars with sureties to be

approved by the governor for the faithful performance of the duties

of his office and for the safety of the standards entrusted to his care, and for the surrender thereof immediately to his successor in office or to the person appointed by the governor to receive them.

Sec. 5513. State inspector to test electric, water, -and gas meters;

tolerance allowed; record of meters tested.—It shall be the duty of the

State inspector of weights and measures, in unincorporated or in- corporated cities or towns with a population of not more than five thousand nor less than nine hundred inhabitants, according to the

latest official State or United States census, at least once in every

two years, and as much oftener as he may deem necessary, to test the accuracy of every meter used or to be used in the measuring of

any water, electricity or gas furnished or to be furnished to the consumer through such meter. If the meter tested shall, upon test thereof, by the inspector, be found to measure too fast or too slow

by as much as three per centum, such meter shall be condemned by

him and shall not be again used or used at aU until corrected and

made to measure accurately. Unless any water, gas, or electric meter is made to conform with the standard of such State inspector

within thirty days after the date of the condemnation by such in- spector, the said State inspector is not required to retest such con- demned water, gas or electric meter for a period of one year

thereafter.

The State inspector shall keep in a book, together with a card

index system to be furnished him by the State, a complete list of

all meters inspected and tested by him, the name of the person, firm, or corporation owning the same, the name of the furnisher of the

water, gas, or electricity, the name of the consumer thereof, and the

date and result of aU inspections, and shall at all times keep the same open to the inspection of the public.

Sec. 6514, State inspector to test meter used as standard.—He shall,

upon the written request of any citizen, firm or corporation, or educational institution in the State, test any water, gas, or electric

meters used as standards in the State. He shall, at least once every

year, test all water, gas, and electric meters used in any institution

for the maintenance of which moneys are appropriated by the legislature, and he shall report in writing his findings to the supervisory

board and to the executive officers of the institution concerned.

Sec. 5515. Standards to be procured and kept by cities; test, certifica- tion and preservation.—The common council of each city required to appoint a sealer under this title, shall procure at the expense of the

city, and shall keep at all times, a complete set of weights and measures, and other testing apparatus, of such materials and construction

as the said State inspector may designate. All such weights and
AEIZiDNA 65

measures, and other testing apparatus, having been tried and ac- curately proved by him, shall be sealed and certified to by the State

inspector, as hereinbefore provided, and shall then be deposited

with and preserved by the city sealer as public standards for such

city. Whenever the common council of such city shall neglect for

six months so to do, the city clerk of such city, on notification and

request by the State inspector, shall provide such standards and

cause the same to be tried, sealed and deposited, at the expense of

the city.

Sec. 5516. Appointment of city sealers; tenure and salary; powers and

duties; may condemn and seize apparatus; reports; cities raay combine;

fees.—There shall be a city sealer of weights and measures in unincorporated or incorporated towns or cities of not less than five thousand population, according to the latest official State or United

States census, who shall be appointed by the comtoon council of

such city for a period of one year. He shall be paid a salary determined by such board, said salary not to be less than nine hundred

dollars a year. Where not otherwise provided by law, the city sealer shall have

the power within his city to inspect, test, try and ascertain if they

are correct all weights, scales, beams, measures of every kind, in- struments or mechanical devices for weighing and measuring, and

tools, appliances, or accessories, connected with all such instruments

and measures, kept, offered or exposed for sale, sold, used, or employed, within the city by any proprietor, agent, lessee, or employee,

in having the size, quantity, extent, area, or measurements, of quantities, things, produce, or articles for distribution or consumption,

offered or submitted by such person or persons for sale, hire, or award; he shall have the power to, and shall from time to time,

weigh or measure packages or amounts of commodities of whatsoever kind kept for the purpose of sale, or sold, or in the process of

delivery, in order to determine whether the same contains the

atoounts represented and whether they be offered for sale or sold,

in a manner in accordance with law. He shall at least twice each

year, and as much oftener as he deems necessary, test the accuracy

of weights, measures, and weighing or measuring devices used in

such city. He may for the purpose above mentioned, and in the

general performance of his duties, enter and go into or upon, without formal warrant, any stand, place, building or premises, or stop

any vender, peddler, junk dealer, coal wagon, ice wagon, delivery

wagon or any dealer whatsoever, and require him, if necessary, to proceed to some convenient place for the purpose of tnaking the

proper test. When the city sealer finds a violation of the statutes relating to weights and measures, he shall cause the violators to be

prosecuted. When the sealer compares weights or measures, or weighing or measuring instruments, and finds that they correspond

with the standards in his possession, he shall seal or mark such

weights, measures, or weighing or measuring instruments, with appropriate devices, to be approved by the State inspector of weights

and measures. He shall condemn and seize, and "may destroy, in- correct weights and measures, or weighing or measuring instruments, which in his best judgment are not susceptible of satisfactory

repairs; but such as are incorrect and yet may be repaired, he shall
66 LAWS CONCEBNING WEIGHTS AND MEASUBES

mark or tag as " Condemned for repairs " in a manner prescribed

by the State inspector. The owner or users of any weights or measures, or weighing or measuring instrutoents, of which such disposition is made, shall have the same repaired or corrected within fif- teen days, and they may neither use or dispose of the same in any

way, but shall hold same at the disposal of the sealer, and any apparatus which has been " condemned for repairs," and has not been

repaired as required above, shall be confiscated by the sealer. The city sealer shall keep in a book, together with a card-index

system to be furnished him by the common council, a complete list of all scales, or weights, or weighing or measuring devices, inspected

and tested by him, the name of the person, firm or corporation using

such scales, weights or weighing or measuring devices, and the date

and result of all inspections, and shall at all times keep the same

open to the inspection of the public.

The city sealer shall keep a complete record of all his official acts, and shall make a monthly and an annual report to the common

council of such city, and a monthly and an annual report duly sworn to, on the first day of each month and year, to the State

inspector of weights and measures, on blanks to be furnished by

said inspector.

The city sealer of weights and measures shall forthwith on his

appointment give a bond in the penal sum of one thousand dollars,

with sureties to be approved by the appointing power, for the faithful performance of the duties of his office. Provided, however, That nothing in the above shall be construed

to prevent two or more cities from combining the whole or any part

of their districts as may be agreed upon by the common councils of

such cities, with one set of standards and one sealer, upon the written

consent of said State inspector. A city sealer appointed in pur- suance of an agreement of such combination shall, subject to the

terms of his appointment have the same authority, iurisdiction and

duties as if he had been appointed by each of the authorities who are

parties to the agreement.

For inspecting, testing and sealing weights and measures the city

sealer shall charge and collect from the person owning or using such

weight or measure the following fees

:

For each counter scales of capacity of 6 pounds or less $0. 15 For each counter scales of capacity of more than 6 pounds . 25 For each portable platform scales of capacity of 1,000 pounds or less . 50 For each portable platform scales of capacity of more than 1,000 pounds. 1. 00 For each dormant or floor scales 2. 50 For each railroad-track scales . 5. 00 For each spring scales of capacity of 30 pounds or more . 50 For each spring scales of capacity of less than 30 pounds .25 For all other scales, instruments and devices for weighing not herein

specified, each . 50 For each measure containing 1 gallon or less .05 For each measure containing more than 1 gallon, for first gallon, and for each additional gallon or fractional part thereof .05 For each yard measure or fractional part thereof .05 Provided, however, That where any weight or weights, measure

or measures, scale or scales, balance or balances, scale beam or scale beams, steelyard or steelyards, or any other instrument or device for

weighing or measuring used by or belonging to any person, firm or

corporation, shall be tested by said sealer oftener than twice per year,
ABIZONA 67

no fee or fees shall be charged or collected for more than the two in- spections per year, except in case such instrument or device be found

upon such subsequent testing to be false and incorrect, whereupon

the regular fee shall be collected and paid.

The sealer shall keep an itemized list of all fees collected by him

in pursuance of this title and at the end of each month he shall

turn said fees and said itemized list over to the city treasurer and

take his receipt therefor.

Sec. 5517. City sealer to test appliances.—It shall be the duty of the

city sealer in unincorporated or incorporated cities of not less than

five thousand population, accordin;^ to the latest official State or United States census, at least once m every two years and as much

oftener as may in his judgment be necessary, or whenever requested

in writing by either the furnisher of water, electricity, or gas, or by

the consumer of the same, to test the accuracy of any meter used or

to be used in the measuring of any water, electricity, or ga;^ furnished or to be furnished to the consumer through such meter. If

the meter tested shall, upon a test thereof by the sealer, be found to measure too fast or *:oo sIoav by as much as three per cent, such meter

shall be condemned by him, and the owner or owners of the same shall be notified of the condemnation at the time when such condemnation is made by the city sealer, and such meter shall not be again

used or used at all until corrected and made to measure accurately.

The city sealer shall keep in a book, together with a card-index

system to be furnished him by the city, a complete list of all meters

inspected and tested by him, the name of the person, firm or cor- poration owning the same, the name of the furnisher of the water,

gas or electricity, the name of the consumer thereof, and the date

and result of all inspections, and shall at all times keep the same

open to the inspection of the public.

Sec. 5518. Penalty for use of false weights or measures.—Any person

who by himself or by his servant or agent, or as the servant or agent of another, shall offer or expose for sale, sell, or use, or retain

in his possession, a false weight or measure, or weighing or measuring device, or any weight or measure, or weighing or measuring

device, which has not been sealed by the city sealer or the State

inspector of weights and measures within one year, in the buying

or selling of any commodity or thing, or for hire or award, or who

shall dispose of any condemned weight, measure, or weighing or measuring device, contrary to law, or remove any tag placed thereon

by a city sealer or the State inspector of weights and measures, or any person who by himself or his servant, or agent, or as the servant

or agent of another, shall use, or offer, or expose for sale less than

the quantity he represents, or sell or offer, or expose for sale, any

such commodity in a manner contrary to law; or any person who

by himself, or by his servant or agent, or as the servant or agent of

another, shall sell or offer for sale, oi' have in his possession for the

purpose of selling, any device or instrument to be used or calculated

to falsify any weight or measure, shall be guilty of a misdemeanor,

and shall be punished by fine of not less than twenty-five dollars nor more than two hundred and fifty dollars, or by imprisonment

for not more than three months, or by both such fine and imprisonment, upon a first conviction ; but upon a second or subsequent con-
68 LAWS CONCERNING WEIGHTS AND MEASUEES

viction he shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment in the

county jail for not more than one year, or by both such fine and

imprisonment.

Sec. 5519. Evidence as to use of false apparatus.—The proximity of

any weight, measure, scale, balance or other instrument or device for

weighing or measuring any goods, wares or merchandise kept, sold or offered by any person, firm, or corporation to any such goods,

' wares, or merchandise, shall be prima facie evidence of the use of

such instrument or device for weighing or measuring the same, and

all such instruments or devices so located as aforesaid are hereby

declared to be subject to all the provisions of this title. Sec. 5520. Sealers to be special policemen.—The said State inspector

and city sealers of weights and measures are hereby made special

policemen, and are authorized and empowered to arrest without

formal warrant, any violator of the statutes in relation to weights

and measures, and to seize for use as evidence and without formal

warrant, any false or unsealed weight, measure, or weighing or measuring device, or package or amounts of commodities found to be used, retained, or offered or exposed for sale, or sold, in violation

of law.

Sec. 5521. Sealers not to deal in appliances for weighing or measuring.

It shall be unlawful for the State inspector or any city sealer of

weights and measures, to keep for sale, expose or offer for sale, or

to sell, to any person, firm, or corporation or dealer in goods, wares, and merchandise, doing or intending to do business as such in the

State of Arizona, any weights, measures, scales, balances, or weighing

or measuring devices of any kind for weighing or measuring goods, wares, merchandise or to be interested directly or indirectly in the

sale of such instruments or devices.

Sec. 6522. Water, electric, or gas meter to be tested before installation.—It shall be unlawful for any person, firm, or corporation, in

any city having a city sealer of weights and measures, to install any

water, electric, or gas meter, for measuring water, electricity, or gas

for purposes of lighting, heating, or other commercial or domestic

uses, without first having had such meter tested by the city sealer of

weights and measures.

Sec. 5523. Eegulation of charges, minimum charge; tolerance.—It

shall be unlawful for any person, firm, or corporation, to sell and

deliver, charge and collect for water, electrical energy, or illuminating gas, used or to be used for lighting, heating, or other commercial

or domestic purposes, except by meter measurement, if the consumer

shall request that the same be sold by meter measurement; or

to charge and collect for a greater amount of such water, elec- trical energy, or illuminating gas, than actually furnished during the

period for which the charge was made : Provided^ however^ That an

allowance of not exceeding three per centum may be made for inaccuracy in meter measurement.

And provided, further, That upon application to the corporation

commission, said commission may permit any corporation, engaged

in furnishing water, electrical energy or illuminating gas to make

such minimum charge, not exceeding one dollar per month, as said

Gommission may deem proper, but such minimum charge shall in no
AEIZONA 69

case be added to any charge for water, electrical energy, or gas con- sumed; and upon like application, the corporation commission may

permit any corporation furnishing power to make such reasonable

ininimum charge as said commission may prescribe, but such minimum charge sh^ll in no case be added to any charge for power con- siuned : And provided further, That no charge in the first installation

shall be made by any public service corporation for making connection for water, gas, electricity for lighting, or telephones._ Any public service corporation demanding and receiving a deposit of money

from any consumer shall pay annually to such consumer interest on

such amount so long as it rem^ains on deposit at the rate of 8 per cent per annum.

Sec. 5524. TJiilawfTil to use condeiaiied appliances.—It shall be unlawful for any person, firm, or corporation to use any water, electric, or gas meter which shall have been tested and condemned by the State

inspector or city sealer of weights and measures, for the purpose of

measuring water, electricity, or gas, without first having had the same corrected and made to record the measurement of the same

accurately.

Sec. 5525. Meter readings to be filed with city sealer.—In cities having a sealer of weights and measures, where water, illuminating gas, or electrical energy is or shall hereafter be sold, every person, firm, or corporation furnishing such water, gas, or electricitj'^, shall file at the office of the city sealer a complete written list of the readings of

all water, gas, or electric meters, together with the individual meter

numbers, and the address of the premises upon which such meter is located, upon the day such readings are made.

Sec. 5526. Fee for testing meter,—The fee for making the test of any

water, gas, or electric meter shall be the sum of one dollar, and shall

in all cases be advanced and paid by the party demanding the test, but in case the meter be one already in use and be found to be measuring too fast by as much as three per centum the inspector or sealer

shall return the fee to the consumer if same was advanced by him,

and the same shall be and become a lawful charge against the furnisher, and the inspector or sealer shall collect the fee from the said

furnisher of water, gas, or electricity.

Sec. 5627. Penalty.—Any person, firm, or corporation, or any agent

or employee thereof, violating any of the provisions of the five preceding sections shall, upon conviction thereof, be punished by a

fine of not less than ten dollars, nor more than two hundred and fifty

dollars, or by imprisonment in the county jail for not less than one day nor more than ninety days, or by both such fine and imprisonment.

Sec. 5528. Each, day's violation separate offense.—The continuance of

such violation from day to day shall be deemed a separate offense

as to each day on which such violation is continued.

See. 5529. Inspectors under control of corporation commission.—Such

State inspector and city sealer of weights and measures shall be

under the direction and control of the corporation conunission in all functions connected with the inspection of water, gas, and electric meters, as herein provided.

Sec. 5530. Penalty for obstructing inspector.—Any person who shall hinder or obstruct in any way the said State inspector, or any city sealer of weights and measures, in the performance of his duty,
70 LAWS CONCERNING WEIGHTS AND MEASUEES

shall be guilty of a misdemeanor, and shall be punished upon conviction thereof in any court of competent jurisdiction, by a fine of

not less than five dollars nor more than one hundred dollars, or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment.

Sec. 5531. Penalty for impersonating inspector.—Any person who

shall impersonate in any way said State inspector, or any city sealer of weights and measures, by use of his seal, or counterfeit of his

seal, or otherwise, shall be guilty of a misdemeanor, and shall be

punished by a fine of not less than one hundred dollars, nor more

than five hundred dollars, or by imprisonment in the county jail

for not more than one year, or by both such fine and imprisonment.

Sec. 5532. Standard of weights and measures.—For weighing grain

hay, coal, groceries, and other like heavy articles of commerce, the

standard unit of weight shall be the pound avoirdupois, containing

7,000 grains troy; for weighing precious metals and jewels the unit

shall be the pound troy, containing 5,760 grains; for weighing

goods and medicines when same are used in compound, and filling

prescriptions by druggists, the unit shall be the pound apothecary's,

containing 5,760 grains troy, but in all other cases, such drugs and

medicines shall be sold by avoirdupois weight; for measuring grain,

fruit, coal and vegetables, the unit shall be the Winchester bushel,

containing 2,160.42 cubic inches; and for measuring all liquids,

except ale, beer and such liquids as enter into the composition of

medical prescriptions, the unit shall be the wine or liquid gallon,

containing 231 cubic inches; the unit for measuring ale and beer

shall be the ale or beer gallon, containing 282 cubic inches. Such

liquids as are used in the composition of medical prescriptions

shall be measured by apothecary's fluid measure. The unit of linear measure shall be the yard, containing thirty-six inches in length, and

being identical with the imperial yard of Great Britain.

Sec. 5534. Coal to be sold by weight only ; delivery ticket.—It shall be

unlawful to sell or offer to sell in this State, any coal in any other manner than by weight. No person, firm, or corporation shall deliver any coal without such delivery being accompanied by a delivery

ticket and a duplicate thereof, on each of which shall be in ink or other indelible substance, distinctly expressed in pounds, the gross

weight of the load, the tare of the delivery vehicle, quantity or quantities of coal contained in the cart, wagon, vehicle, bag, sack or container used in such deliveries, with the name of the purchaser thereof

and the name of the dealer from whom purchased. One of these tickets shall be surrendered to the State inspector or the city sealer of

weights and measures, upon his demand, for his inspection ; and this

ticket, or a weight slip issued by the State inspector or the city sealer,

when the State inspector or city sealer desires to retain the original,

shall be delivered to the said purchaser of sail coal, or his agent, or

his representatives at the time of the delivery of the fuel, and the

other ticket shall be retained by the seller of the fuel. When tlie buyer carries away the purchase a delivery ticket showing the actual

number of pounds delivered to the purchaser must be given to the

purchaser at the time the sale is made.

Sec. 5535. Bottles for sale of distilled water, milk, and cream ; variations

and tolerances ; how marked ; not required to be sealed.—Bottles used for

the sale of distilled water, milk, and cream, shall be of the ca-
AEIZONA 71

pacity of one-half gallon, three pints, one quart, one pint, one-half

pint, and one gill filled full to the bottom of the lip.

The following variations of individual bottles or jars may be

allowed, but the average content of not less than twenty-five bottles

selected at random from at least four times the number tested, must

not be in error by more than one- fourth of the tolerances

Six drams above and six drams below on the half gallon; five drams above and five drams below on the three pint; four drams

above and four drams below on the quart; three drams above and

three drams below on the pint; two drams above and two drams

below on the half pint; two drams above and two drams below on

the gill.

Bottles or jars used for the sale of distilled water, milk, or cream,

shall have clearly blown, or otherwise permanently marked, in the

side of the bottles the capacity of the bottles and in the side or bottom of the bottles the name, initials, or trade-mark, of the dealer

using the same. Any dealer who uses for the purpose of selling

distilled water, milk, or cream, jars or bottles purchased after this

law takes effect, that do not comply with the requirements of this

section as to marking and capacity, shall be deemed guilty of using

a false or insufficient measure. The said State inspector and city sealers of weights and measures, are not required to seal all bottles or jars used for distilled water, milk, or cream, but they shall from

time to time make tests of individual bottles used by the various

persons, firms, or corporations, in the State over which they have

jurisdiction, in order to ascertain whether the above provisions are being complied with.

Sec. 5536. Wood; sale by cord or fractional part only; delivery ticket,

requirements for.—It shall be unlawful for any person, firm, or cor- poration, to sell or offer to sell in the State, any cut or sawed or

split wood, in any other manner than by the cord, or fractional

part thereof.

Where cut or sawed or split wood is sold by the cord or fractional

part thereof, no person, firm, or corporation shall deliver such wood

without such delivery being accompanied by a delivery ticket and

a duplicate thereof, on each of which shall be in ink, or other in- delible substance distinctly expressed in cords or fractional parts

thereof, the quantity or quantities of wood contained in the cart, wagon, vehicle, bag, sack, or container, used in such deliveries,

with the name of the purchaser thereof and the name of the dealer

from whom purchased. One of these tickets shall be surrendered to the State inspector or city sealer of weights and measures, upon

his demand, for his inspection, and this ticket or a weight slip

issued by the State inspector or city sealer, when the inspector or

sealer desires to retain the original, shall be delivered to the said

purchaser of said wood, or his agent or representative, at the time

of the delivery of the fuel ; and the other ticket shall be retained

by the seller of the fuel. When the buyer carries away the purchase,

a delivery ticket showing the actual number of cords, or fractional

part thereof, delivered over to the purchaser must be given to the

purchaser at the time the sale is made.

Sec. 5537. Ice, sale by weight.—Every person, firm, or corporation,

engaged in the business of selling and distributing ice at retail shall

sell same by weight.
72 LAWS CONCEENIKG WEIGHTS ATsTD MEASTJKES

Sec. 5538. Hay, how sold; delivery ticket; baled hay, how marked;

allowance for shrinkage.—It shall be unlawful to sell or offer to sell in the State any baled hay in any other manner than by weight,

except by an agreement between the seller and the purchaser to the

contrary. No person, firm or corporation, shall deliver any hay

without such delivery being accompanied by a delivery ticket, and a duplicate thereof, on each of which shall be in ink or other indelible

substance distinctly expressed in pounds, the gross weight of the load,

the tare of the delivery vehicle, the quantity or quantities of hay

contained in said cart, wagon or vehicle used in such deliveries, with

the name of the purchaser and the name of the dealer from whom

purchased : Provided^ That loose hay in stacks or by wagon load may

be sold by measurement, by an agTeement between the seller and the

purchaser, but when hay is shipped in carloads, it shall not be neces- sary to stamp, print or mark the weight of the bales. One of these tickets shall be surrendered to the State inspector or

city sealer of weights and measures, upon his demand for his inspection and this ticket or weight slip issued by the State inspector or

city sealer, when the inspector or sealer desires to retain the original,

shall be delivered to the said purchaser of said hay, or his agent, or

representative, at the time of the delivery ; and the other ticket shall be retained by the seller of the hay. When the buyer carries away

the purchase, a delivery ticket, showing the actual number of pounds

delivered over to the purchaser, must be given to the purchaser at the time the sale is made.

Where hay is sold in bales, each of such bales shall have printed or stamped or marked thereon the correct weight of such bale in pounds

or fractions of a pound avoirdupois; and it shall be unlawful for

any person, firm, or corporation, and for any agent or employee

thereof, to sell or offer for sale any such bale of hay on which the

correct weight of such bale of hay has not been stamped, printed or marked : Provided^ however, That an allowance of three per cent in

weight for shrinkage shall be made on all bales of hay less than six

months old, and of five per cent on all bales of hay over six months

old, if the age of such bale of hay be marked, printed or stamped

thereon.

Sec. 5539. Meats, sale by weight only; delivery ticket.—It shall be

unlawful to sell or offer to sell in the State any fresh meat, such as

beef, pork, mutton, veal, sausage or fish, in any other manner than

by weight. No person, firm, or corporation, shall deliver such fresh

meat without such delivery being accompanied by a delivery ticket on which shall be in ink or other indelible substance, distinctly ex- pressed in pounds or fractions of a ijound avoirdupois, the correct weight of such fresh meat, with the name of the purchaser thereof

and the name of the dealer from whom purchased. When the buyer

carries away the purchase, a delivery ticket showing the actual

number of pounds or fractional parts thereof delivered over to the

purchaser must be given to the purchaser at the time the sale is made.

Sec. 5540. Butter, how sold and marked; allowance for shrinkage.

Where butter is sold in packages or cartons, such package or carton

shall have written, printed or stamped upon the wrapper of such

package or carton, or upon the package or carton, the correct weight

of the contents of such package or carton, in pounds and ounces, or fractions of a pound avoirdupois, and it shall be unlawful for
ARIZONA 73

any person, firm, or corporation, or for any agent or employee

thereof, to sell or oifer for sale any such package or carton of butter

upon the wrapper of which the correct weight of the contents of

such package or carton has not been written, printed or stamped:

Provided^ however^ That an allowance of not exceeding two and

one-half per cent in weight shall be made for shrinkage on aU packages or cartons of butter.

Sec. 5541. Coffee, tea, and cereals, how marked when sold in packages.

Where coffee, tea, baking powder, oatmeal, tapioca and all cereals

and farinaceous goods are sold in packages or containers, each of

such packages or containers shall have written, printed or stamped

upon the wrapper of such package or container, or upon the package

or container, the correct weight of the contents of such package or

container, in pounds and ounces or fractions of a pound avoidupois,

and it shall be unlawful for any person, firm or corporation, or for

any agent or employee thereof, to sell or offer for sale any such package or container of coffee, tea, baking powder, oatmeal, tapioca and

all cereals and farinaceous goods of which the correct weight of the contents of such package or container has not been written, printed

or stamped.

Sec. 5542. Flour, etc., how marked as to weight; allowance for shrinkage.—Where wheat flour, buckwheat flour, corn meal, rice, beans,

sugar, barley, bran, wheat, oats, corn, potatoes, onions, seed, ham,

or bacon are sold in bags, sacks or other containers, each of such

bags, sacks, or other containers, shall have written, printed, or stamped upon the wrapper of such bag, sack, or other container, or upon the bag, sack or other container, the correct weight of the

contents of such bag, sack or other container, in pounds and ounces, or fractions of a pound avoirdupois; and it shall be unlawful for

any person, firm or corporation, or for any agent or employee

thereof, to sell or offer for sale any such bag, sack, or other container, of wheat flour, buckwheat flour, corn meal, rice, sugar,

barley, bran, wheat, oats, corn, potatoes, onions, seed, ham or bacon

upon the wrapper, or upon the bag, sack, or other container, of

which the correct weight of the contents of such bag, sack, or other

container has not been written, printed, or stamped: Provided^

however^ That an allowance of not exceeding two and a half per

cent shall be made for shrinkage on all such bags, sacks or other containers of wheat flour, buckwheat flour, corn meal, rice, beans,

sugar, barley, bran, wheat, oats, corn, potatoes, onions, seed, ham,

or bacon.

Sec. 5543. Lard, how marked as to weight.—"Where lard, lard com- pounds or lard sxibstitutes are sold in cans or other container each

of such cans or other container shall have written, printed, or stamped upon the wrapper of such can or other container, or upon

the can or other container, the coi-rect weight of the contents of such

can or other container in pounds and ounces, or fractions of a pound

avoirdupois; and it shall be unlawful for any person, firm or cor- poration, or for any agent or employee thereof, to sell or offer for

sale, any such can or other container on which the correct weight of

the contents of the can or other container has not been written,

printed or stamped.

Sec. 5544. Vinegar and oils, how marked as to quantity.—Where vinegar, sweet oil, or olive oil. is sold in bottles or cans, each of such bot-
74 LAWS CONCERNING WEIGHTS AND MEASURES

ties or cans shall have written, printed, or stamped upon the wrapper

of such bottle or can, or upon the bottle or can, the correct quantity

of the contents of such bottle or can in gallons, quarts, pints, or

gills, or fractional parts thereof; and it shall be unlawful for any

person, firm, or corporation, or for any agent or employee thereof, to

sell or offer for sale any such bottle or can of vinegar, sweet oil, or

olive oil, upon the wrapper, bottle, or can, of which the correct quantity of the contents of such bottle or can has not been written, printed, or stamped.

Sec. 5545. Crackers, dried fruits, how marked as to weight.—Where

soda crackers or dried fruits are sold in boxes or other containers,

each of such boxes or other containers shall have written, printed, or stamped upon the wrapper of such box or other container, or upon

the box or other container, the correct weight of the contents of

such box or other container in pounds or ounces, and in fractions of

a pound avoirdupois, and it shall be unlawful for any person, firm, or corporation, or any agent or employee thereof, to sell or offer for

sale any such box or container or [of] soda crackers or dried fruits,

upon the wrapper, box, or other container of which the correct weight of the contents of such box or other container has not been

written, printed or stamped.

Sec. 5546. Penalty.—Any person, firm, or corporation, that violates

any of the provisions of the fourteen preceding sections shall be

deemed guilty of a misdemeanor, and shall be punished, upon conviction thereof

, 'by a fine, where such is not hereinbefore provided, of

not less than five dollars nor more than two hundred and fifty dollars. Laws, 1925, ch. 13, p. 30.

Sec. 4. Weight of loaves.—Any loaf of bread made or procured for

the purpose of sale, sold, offered or exposed for sale, as fresh bread,

within the State of Arizona, shall be of the following standard

weights: One pound; one and one-half pounds; two pounds; three

pounds, or other multiples of one pound. Such weights shall be

determined by the average of not less than twenty loaves of one unit,

of one kind of bread, weighed with or without wrappers, not less than twelve hours after baking. When twin or multiple loaves are wrapped at the place where baked, or sold to the consumer wrapped

and undivided, the loaf must conform to the said weight requirements, and if any such twin or multiple loaf is unwrapped or divided

prior to sale, each such unit must conform to the said weight re- quirements. A twin or multiple loaf is hereby defined as a loaf

consisting of two or more portions of dough baked in one pan.

Sec. 5. Tolerances.—A commercial tolerance in excess of the standard weights established by this act shall be alloAved as follows : One

ounce on one pound loaves ; one and one-half ounces on one and one- half pound loaves; two ounces on loaves weighing two pounds or more. No tolerance below the standard weights hereby established

shall be allowed.

Sec. 6. Enforcement.—The State inspector of weights and measures

shall have full authority to enforce the provisions of this act, and in

cities having a city sealer of weights and measures, under the provisions of Title 56, Revised Statutes of Arizona, 1913, Civil Code,

said city sealer of weights and measures shall have concurrent jurisdiction. The said State inspector of weights and measures, or any
ABIZONA 75

city sealer of weights and measures, may for the purpose of the

enforcement of this act, and at such time or times as its provisions

may require, enter any room or place where bread is manufactured

or sold, or offered or exposed for sale, and weigh or direct the weighina: of anv bread found therein.

Sec. 7. Interference in performance of duties.—It shall be unlawful

for any person to prevent, or attempt to prevent, said State inspector

of weights and measures, or any city sealer of weights and measures,

entering any such room or place, or in any way to interfere with the

performance of the duties of said State inspector of weights and

measures, or of said city sealer of weights and measures, as provided by this act.

Sec. 8. Weighing of bread.—Every maker, baker or manufacturer of

bread, proprietor of a bakery, or bake shop, and every seller of bread

in the State of Arizona shall keep scales and weights, suitable for the

weighing of bread, in a conspicuous place in the bakery, bake shop or

store, and shall, wherever requested by the buyer and in the buyer's

presence, weigh any loaf or loaves of bread sold or offered for sale.

Sec. 9. Provisions not applicable.—The provisions of this act shall not

apply to fancy breads; nor to bread baked hj special order of the consumer ; nor to what is commonly known as " stale bread " sold as such, provided the seller shall at the time of sale expressly state to the buyer that the bread so sold is stale bread; and, provided further, that no bread shall be offered or sold as stale bread until twelve

hours or more after baking.

Sec. 10. Violation.—Any person, firm or corporation violating any

of the provisions of this act shall be deemed guilty of a misdemeanor.

Rev. Stats., 1913, Penal Code, p. 84.

Sec. 388°. Falsifying weight of packages; penalty for.—Every person

who in putting up in any ba^, bale, box, or barrel, or other package,

any hops, cotton, wool, grain, hay, or other goods usually sold in

bags, bales, boxes, barrels or packages by weight, puts in or conceals

therein anything whatever, for the purpose of increasing the weight

of such bag, bale, box, barrel or packages, with intent thereby to

sell the goods therein, or to enable another to sell the same, for an

increased weight, is punishable by fine of not less than twenty-five

dollars for each offense. Rev. Stats., 1913, Title 41, ch. 3, p. 1442.

Sec. 4434 (1913). Food deemed misbranded or mislabeled, when.

Food or liquor shall be deemed mislabeled or misbranded within the

meaning of this chapter in any of the following cases ; * *

* (3) If when in package, and the contents are stated in terms of

weight and measure, such weight and measure are not plainly and

correctly stated on the outside of the package.

laws, 1918, cb. 8, p. 16. Sec. 14, as amended by Laws, 1925, ch. 74, p. 210; testing, weighing,

and sampling milk or cream.—The testing, weighing, and sampling of

milk or cream or other dairy products purchased on the basis of the

amount of butter fat contained therein shall be done by licensed

and bonded testers, who shall be responsible for the operation of

the Babcock test in the testing of such dairy products. Such
76 LAWS CONCERNING WEIGHTS AND MEASUBEB

license shall be issued by the dairy conxmissioner upon application, accompanied by a certificate of proficiency and the payment of a license fee of $1.50. The certificate of proficiency

provided for shall be granted by the dairy division of the University of Arizona upon satisfactory evidence of ability to accurately

operate the Babcock test. Examinations will be given at stated

times and places to applicants for such license. Each license shall

expire on January first of the year following the date of issue,

but may be renewed without examination by the commissioner.

Application for such license shall be made upon a blank furnished

by the dairy commissioner. No license or renewal thereof shall

be transferaiole, and each such license shall be subject to revocation

by the dairy commissioner upon reasonable notice that the licensee

has violated any of the rules and regulations prescribed by the

commissioner, or has violated any of the laws of the State relat- ing to milk or cream or other dairy products. A bond in the

amoimt of one thousand dollars shall be given by each tester licensed

under the provisions of this section, and shall be in such form as may

be prescribed and shall be subject to approval by the commissioner.

A permanent record in duplicate of all tests of milk or cream

purchased or received on the basis of the amount of milk fat con- tained therein, must be kept by each tester, licensed as provided

herein, on standard forms supplied by, or in accordance with

the specifications for such records adopted by, the said dairy commissioner. Each test shall be legibly recorded with indelible pencil or ink and shall be accompanied by the patron's name or number

in such manner as to correctly identify the test obtained upon the

milk or cream of each patron. Each sheet or page shall be authenticated by the signature of the tester, and a duplicate record shall be deposited by said licensed tester, immediately after completing

the test on the day's samples, in a box provided by the purchaser

or receiver of milk or cream; said box to be constructed, sealed

and maintained in accordance with the rules and regulations adopted

by the dairy commissioner. The original test record sheets shall

be delivered to the management of the concern for whom the tests are made immediately upon completion of the tests. The duplicate

test i-ecord sheets shall be deposited immediately in an official box

supplied for the purpose, made in accordance with blue print specifications obtained from the dairy commissioner. Such official test record box shall be kept in the test room at all times, and the contents thereof shall be open only to the State dairy commissioner. The

said licensed tester shall retain an unmodified sample of all milk

and cream tested by him for a period of not less than forty-eight

hours after the tests of said milk and cream have been made, and

the said purchaser or receiver of milk or cream shall provide a

suitable place, acceptable to the diary commissioner, where such

samples so retained may be kept.

Sec. 16. rraudiilent manipulation of apparatus.—It shall be unlawful

for any hauler of milk or cream or any other dairy product, or any

person, firm or corporation receiving or purchasing milk or cream

or other dairy product by weight or test or both, or by measure or

test, or by both, or any agent of such purchaser, to fraudulently

manipulate the weight, measure or test of such product, or to take
AKIZOlirA 77

unfair samples thereof, or to fraudulently manipulate such samples. The hauler or other agent of the purchaser shall thoroughly

mix the milk or cream of each patron by pouring or stirring until

such milk or cream is uniform and homogenous in quality and contents before a sample for test is taken. The same rule shall apply

when sampling is done at a creamery, cheese factory, condensary or shipping station. It shaU be unlawful for any person or persons

to use any test tube, bottle, pipette or instrument in connection with

testing which is not perfectly clean; and for the purpose of this act any unclean test bottle or other instrument is declared inaccurate. All tests made by the purchaser shall be maintained at a temperature of at least one hundred and twenty degrees Fahrenheit

for ten minutes before the reading of the per cent of butter fat is made.

Sec. 17. Specifications for Babeock glassware.—The term "standard

Babcock testing glassware " shall apply to glassware and weights

complying to the following specifications:

{a) Standard Milk Test '£>otT:iu'E.&.—Graduation for milk test

'bottles.—The total per cent graduation shall be eight. The graduated portion of the neck shall have a length of not less than 63.5 millimeters, the graduation shall represent whole per cent, five- tenths per cent, and tenths per cent; the whole per cent graduation

shall extend at least one-half way around the neck to the right and

projecting two millimeters to the left of the tenths per cent graduations. Each per cent graduation shall be numbered; the number

being placed on the left of the scale. The error at any point of the

scale shall not exceed one-tenth per cent. Neck.—The neck shall be cylindrical and the cylindrical shape

shall extend for at least nine millimeters below the lowest and nine

millimeters above the highest graduation mark. The top of the

neck shall be flared to a diameter of not less than ten millimeters.

Bulb.—The capacity of the bulb up to the junction of the neck

shall not be less than forty-five cubic centimeters. The charge of

the bottle shall be eighteen grams. The total height of the bottle

shall be between one hundred and fifty and one hundred and sixtyfive millimeters.

(5) Standard Cream Test Bottles.—Three types of bottles shall

be accepted as standard cream test bottles ; a fifty per cent nine-gram

short-neck bottle, a fifty per cent nine-gram long-neck bottle, a fifty

per cent eighteen-gram long-neck bottle. Fifty per cent nine-gram short-nech bottle graduation.—The total per cent of graduation shall be fifty. The graduated portion of the

neck shall have a length of not less than 63.5 millimeters. The

graduation shall represent five per cent, one per cent, and five-tenths

per cent. The five per cent graduation shall extend at least halfway

around the neck to the right. The five-tenths per cent graduations

shall be at least three millimeters in length, and the one per cent graduations shall have a length intermediate between the five per

cent and the five-tenths per cent graduations. Each five per cent graduation shall be numbered, the number being placed on the scale. The error at any point of the scale shall not exceed five-tenths per

cent.
78 LAWS CONCEENING WEIGHTS AND MEASUEES

Neck.—The neck shall be cylindrical, and the cylindrical shape

shall extend at least nine millimeters below the lowest and nine

millimeters above the highest graduation mark. The top of the

neck shall be flared to a diameter of not less than ten millimeters.

Bulb.—The capacity of the bulb up to the junction of the neck

shall not be less than forty-five cubic centimeters. The charge of

the bottle shall be nine grams. All bottles shall bear on the top

of the neck above the graduations in plainly legible characters, a mark defining the weight of the charge to be used, nine grams.

The total height of the bottle shall be between one hundred and

fifty and one hundred and sixty-five millimeters, same as standard

milk test bottles.

Fiftij 'per cent nine-gram long-nech hottles.—The same specifications in every detail as specified for the fifty per cent nine-gram

short-neck bottle shall apply for the long-neck bottle, with the exception, however, that the total height of this bottle shall be between

two hundred and ten and two hundred and thirty-four millimeters,

and that the total length of the graduation shall be not less than

one hundred and twenty millimeters.

Fifty per cent eighteen-gram long-neck bottles.—The same specifications in every detail as specified for the fifty per cent nine-gram

long-neck bottle shall apply, with the exception that the charge of

the bottle shall be eighteen grams, and the mark defining the

weight of the charge placed at the top of the neck shall be eighteen.

The total length of the standard Babcock pipette shall be not more

than three hundred and thirty millimeters. Outside diameter of

suction tube, six to eight millimeters. Length of suction tube, one hundred and thirty millimeters. Outside diameter of delivery tube,

4.5 to 5.5 millimeters. The length of delivery tube, one hundred to one hundred and twenty millimeters. Distance of graduation mark

above bulb, thirty to sixty millimeters. Nozzle straight. Delivery,

17.6 cubic centimeters of water at twenty degrees centigrade in five to eight seconds. The sensibility of all scales used for weighing cream samples into the test bottles shall not be more than thirty

milligrams, and the standard weights shall be nine grams and

eighteen grams.
ARKANSAS

Digest of the Statutes, Crawford and Moses, 1921, ch. 184, p. 2694.

Sec. 10475 (1859). Standards; custody; county officers; sets to be fur- nished.—The set of freights and measures prepared by the United

States under the act of Congress, approved the fourteenth day of

June, A. D. 1836, and deli-^ered to the Governor of the State of

Arkansas, and now deposited in the office of secretary of state, shall be and the same is liereby declared to be tlie standard of all weights and measures used in tliis State, and tlie clerk of the county

court of eacli county in this State shall procure, as soon as practicable, at the expense of the county, a complete set of weights and

measures, which shall conform to said standard, and sliall be sealed

by the secretary of state.

Sec, 10476. State sealing.—The secretary of state shall procure a

seal or stamp, with the letters " S. A." upon it, with whicli he shall

seal all weights and measures wliich lie shall compare with tlie said

standard in his office and find to be correct; and such weights and

measures, after being so sealed, shall be a lawful standard for the

county by which they were procured ; and the secretary of state shall charge the sum of four dollars for testing and sealing such weights

and measures.

Sec. 10477. County sealing.—The several clerks of the county courts

shall seal all weights and measures that may be presented to tliem

for that purpose which correspond with the county standard.

Sec. 10478 (1885). Standard barrel.—Whenever, in any contract for

the repair or construction of any cistern in tliis State, the capacity

of which is represented in barrels, there is no other specification of

the holding capacity of said barrels, the tei'm " barrel shall be

taken and held, in law, as meaning and intending a holding capacity

which is the exact equivalent of the cubical contents of thirty-six

times that of the standard gallon measure of the United States, now

in use, and kept, as required by law, in the office of the secretary of

state of Arkansas.

Sec. 10479 (1S03). Bushel measure for apples.—A box nine inches

deep, twelve inches wide and twenty inches long shall constitute a lawful bushel measure for apples. Any person violating the provisions of this act shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than ten nor more than

twenty-five dollars for each offense.

Sec. 10480 (1887). Legal weight of bushel of certain commodities.

Pounds The legal weight per bushel of ^

Corn, shelled 56

Corn, in ear, husked 70

Corn, in ear, unhusked 74 "Wheat 60 Oats 32

Pounds The legal weight i)er bushel of—

Continued. Cottonseed 331^^ Corn meal 48 Barley 45 Rye 56

* For convenience in printing a slight change has been made in arrangement of these

a tides.517—26 6 79
80 LAWS CONCEBNING WEIGHTS AND MEASUKES

Pounds The legal weight per bushel of

Continued.

Potatoes 60

Potatoes, sweet 50 Onions 57 White beans 60 Peas 60 Flax seed 56

Blue-grass seed 14 Clover seed 60

Timothy seed 60

Millet seed 50 Buckwheat 52

Pounds The legal weight per bushel of

Continued.

Red top 14 Orchard gTass 14 Sorghum , 50 Green apples 50 Dried apples 24 Dried peaches 33 Bran 20

Salt ; 50 Turnips 57 Broomcorn seed 48 Johnson grass 28

Sec. 10481 (1901). Log measurement; penalty.—The Doyle stick or standard of log measurement is hereby declared to be the standard

by which all saw logs bought, sold, cut or hauled in this State

shall be scaled or estimated, and any person or persons buying, selling,

cutting or hauling saw logs within the limits of this State, who shall use or attempt to use any combination stick, or any other stick or standard than that mentioned in this section for the purpose of

scaling, or estimating the number of feet in such logs sold, bought,

cut or hauled, shall be deemed guilty of a misdemeanor, and upon

conviction shall be fined in any sum not less than fifty dollars nor more than two hundred dollars for each offense, to be assessed by

the jury trying the case, and to be collected and appropriated as other public fines, provided that in scaling logs under this act, the

average diameter inside the bark shall be taken.

Sec. 10482 (1913). County clerks required to test and seal weights and

measures.—The county clerks of all and every county in the State are hereby directed and required to comply with the law as directed

in sections 10475 to 10477, and be prepared at all times to test and

seal all scales and measures presented for test and found correct.

Sec, 10483. Neglect or failure a misdemeanor; fees.—Neglect or

failure from any cause to comply with section 10482 shall constitute a misdemeanor and subject the clerk so offending same to a fine of one dollar for each day he fails to be prepared with his tests and

seal. The clerk shall receive the sum of ten cents for each pair of

scales or measures presented to him for test, to be paid by the person,

firm or corporation presenting same and five cents per mile one way

for traveling to wagon scales and twenty-five cents for sealing them,

to be paid by the owners.

Sec. 10484. Dealers to have scales tested, when.—Every person, firm

or corporation who buy and sell any kind of goods, produce, cotton,

cottonseed, hay, feedstufi's and all kinds of merchandise, usually

bought and sold, shall have their scales and measures tested and

sealed on or before the first day of September and each year thereafter. Failure to comply with the provisions of this section shall constitute a misdemeanor and shall subject the individual, firm or corporation to a fine of one dollar for each day so offending.

Sec. 10485. Township constables and city marshals to inspect vi-eights

and measures.—It shall be the duty of the constable of every township

and of the marshal of every city or town where complaint be made to him by three or more citizens to inspect any scales, weights and

measures used for weighing or measuring any kind of goods or pro-
ARKANSAS 81

duce or commerGial substances, and such offices shall make an annual

inspection of all such weights, measures and scales, and if at any

time he finds any such scales, weights and measures do not conform

to the lawful standard, he shall cause the person, firm or corporation

using same to be prosecuted therefor and one-half of any fine assessed

therefor shall be paid to said officer. Sec. 10486. Packages or bundles, etc., of merchandise to contain

marked weight.—Every paclvage, bag or bundle of goods or merchandise shall contain in weight what it is branded, marked or said to contain. And any person, firm or corporation violating the provisions of section 10487 shall be deemed guilty of a misdemeanor, and

upon conviction thereof shall be fined not less than one dollar nor more than twenty-five dollars for each package, bag or bundle sold in

violation of this law.

Sec. 10487 (1905). True net weight to be stamped on barrels, sacks,

and other packages.—It shall be unlawful for any corporation, firm,

manufacturer, merchant or other dealer, their agent or employees,

to sell, or offer for sale, any grain, chops, bran, fertilizer, meal, or

flour in sacks, barrels or other packages, unless the true weight of

such grain, chops, bran, fertilizer, meal, or flour be stamped or marked upon the sacks, barrels, or other packages.

Sec. 10488. Violation; penalty.—Any corporation, shipper, manufacturer, merchant or other dealer, their agents or employees, who

shall violate the provisions of section 10487, shall be deemed guilty

of a misdemeanor, and, upon conviction before any justice of the

peace or circuit court, shall be fined in any smn not less than twenty

dollars, and every such sack, barrel, or other package of such grain,

chops, bran, fertilizer, meal or flour offered for sale in violation of

this act shall constitute a separate offense.

Sec. 10489 (1911). False weight or measure, penalty for giving.

Whoever knowingly buys or sells or permits any person in his employ to buy or sell any property and make or give any false or short

weight or measure and any person owning or having charge of any

scales fixed for the purpose of misweighing any article bought or

sold and any person having any such scales for the purpose of weighing any property and who knowingly reports any false or untrue

weight and anj firm or corporation using (in the sale of any commodity), a computing scale or device indicating the weight and price

of such commodity upon which scales or device the graduation or

indication are [is] false or inaccurately placed, either as to weight

or price, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than fifty dollars, nor more

than one hundred dollars and each sale made on any such scale or

device shall constitute a separate offense.

Sec. 10490. Fruit or other merchantable commodity, penalty for fraudulently packing.—Any person who shall pack any fruit, or other

merchantable commodity, with the fraudulent intent of thereby

cheating others by a misrepresentation of the contents, either as to quality or quantity, shall, on conviction thereof, be punished by a

fine, not exceeding^five hundred dollars, or by imprisonment at hard

labor, not exceeding one year, or both.

Sec. 10491. Selling fraudulently packed commodities.—Any person

who shall seU, pledge or hypothecate any such commodity, knowing
82 LAWS CONCERNING WEIGHTS AND MEASURES

the same to be packed in the fraudulent manner aforesaid, with the

intent to cheat and deceive shall on conviction thereof be punished as provided in section 10489.

Digest of the Statutes, Crawford and Moses, 1921, oh. 69, p. 1306.

Sec. 4823 (1907). Food, misbranding of; net weight to be correctly

stated, when.—That for the purpose of this act an article shall also be deemed to be misbranded. * * * In the case of food * *

* Third. If any in package form, and the contents are stated in

terms of weight or measure, they are not plainly and correctly stated on the outside of package * *

*

Acts, 1925, Act 218, p. 639.

Sec. 3. Board may fix and promulgate grades and containers.—Iji

order to promote, x3rotect, further and develop the agricultural interests of this State, the State plant board is hereby authorized and

empowered after investigation and public hearing to fix and promulgate official standards for grading and classifying any or all agricultural products grown or produced in this State and to fix and

promulgate official standards for containers of farm products and to change any of them from time to time. The board in its rules, regulations or notices promulgated pursuant to this act shall prescribe

such tolerances as may be deemed necessary, permitting such variations from the standards fixed under the provisions of this act as are reasonably incident to the proper grading of agricultural prod

ucts or to the manufacture of containers for such products.

Sec. 4. Public notices.—In promulgating the standards or any altera- tions or modifications of such standards the board shall specify the

date or dates when the same shall become effective and shall give

public notice not less than thirty days in advance of the date when

the standard for any agricultural product shall become effective and

one year in advance of the date when a standard for any container

shall become effective by such means as the board deems proper, and

the chief inspector is hereby authorized and empowered to employ

reasonable methods for diffusing information concerning the standard that may be fixed by the board for any agricultural product or

container.

Sec. 5. May cooperate with U. S. Department of Agriculture.—The

board is authorized to fix and promulgate as the official standard for

this State for any agricultural product or container the standard for

such product or container which may have been promulgated or announced therefor under the authority of the Congress of the

United States and in carrying out the provisions of this act the chief

inspector is authorized to cooperate with the United States or any

department thereof in accomplishing the matters and things provided

for herein.

Sec. 14. Standard containers must conform to board's specifications.

Whenever any standard for a container for an agricultural product

becomes effective under this act, no person shall thereafter manufacture for commerce within the jurisdiction of this State or sell, ship or offer for sale in such commerce any container, either filled or

unfilled, to which the standard is applicable which does not comply

with such standard subject to such tolerance as may be permitted

under this act.
ARKANSAS 83

Sec. 18. Authority of inspectors.-—For the purpose of carrying out

the provisions and requirements of this act and of the rules, regulations and notices made and promulgated pursuant thereto, the board

and its inspectors shall have power to enter into or upon any places

and to open any bimdle, package or container of agricultural

products.

Digest of the Statutes, Crawford and Moses, 1921, ch. 22, p. 417.

Sec. 927 (1907). Track scales; certificate of weighman.—All railroads

operating in this State are hereby required to keep and maintain

track or railroad scales at all stations or depots where as m.any as one hundred cars of coal, corn or cotton seed are received annually

by such railroad; and said railroads are hereby required at the

request of the consignee of a carload of coal to properly weigh each

and every such car after the same shall reach its destination and furnish to each such consignee, upon request, by a written certificate of

weighman. within one day after such car shall have reached its destination, correct weight of each carload of coal received for such

consignee. And no consignee shall be required to pay any freight or

either railroad charge until furnished as aforesaid with said weights, nor pay any greater amount of freight than is shown by such certificate. Sec. 928. Penalty.—Any railroad in this State failing or refusing

to comply with any of the preceding sections shall be subject to a penalty of not less than one hundred nor more than five hundred

dollars, to be paid to the county in which such point of destination

lies, for every failure or refusal to comply with the provisions of this

act; and each day upon which it may refuse or fail to comply with

this act shall constitute a separate offense.

Sec. 929 (1903). Railroad cars to he weighed, when; certificate of weight.—At all such stations it shall be the duty of the railroad

company to properly weigh each and every car after the same shall have been loaded and furnish to each shipper by written certificate of weighman within one day after the same shall have been received

by said company, correct weights of each car and of the contents

of each car delivered to them_ by the shipper. The certificate of

weight to be gfven to shippers as provided in this section shall contain, in addition to the correct weight of the car and its contents, the date of delivery and the number of the car.

Sec. 930. Penalty,—Any railroad in this State failing or refusing

to comply with any of the provisions of the preceding section shall be

subject to a penalty of one hundred dollars, to be paid to the county,

for every failure or refusal, and each day upon which it may refuse

or fail to comply with this act shall constitute a separate offense. Digest of the Statutes, Crawford and Moses, 1921, ch. 120, p. 1888.

Sec. 7246 (1895). Measures and toll dishes.—There shall always be

kept in a public mill, by the owner or occupier thereof, an accurate

half-bushel measure and an accurate set of toll dishes.

Digest of the Statutes, Crawford and Moses, 1921, ch. 61, p. 1234.

Sec. 4534 (1911). Weight to be marked on concentrated commercial

feeding stuffs; weight of packages.—Every lot or parcel of concentrated commercial feeding stuff sold, offered or exposed for sale in
84 LAWS CONCEENIlirG WEIGHTS AND MEASURES

this State shall have affixed thereto, or printed thereon in a con- spicuous place on the outside thereof a legible and plainly printed

.statement, in the English language, clearly and truly certifying the

weight of the package {provided, that all concentrated commercial

feeding stuffs shall be in standard weight bags or packages of 5, 10,

25, 60, 75, 100, 125, 150, 175, 200 pounds) ; the name, brand or trade mark under which the article is sold ; the name and address

of the manufacturer, jobber or importer; * *

*

Sec. 4535. Definition.—The term " concentrated commercial feeding

stuffs" shall be held to include all feeds used for live stock and

poultry, except whole hays, straws and corn stover when the same

are not mixed with other materials; nor shall it apply to the un- mixed whole seeds or grains of cereals when not mixed with other

materials.

Digest of the Statutes, 1921, Crawford and Moses, ch. 66, p. 1285.

Sec. 4723, as amended by Acts, 1921, Act. 199, p. 154. Weight, name,

etc., to be marked on cottonseed meal, fertilizers, etc.—All persons, companies, manufacturers, dealers or agents, before selling or offering for

sale in this State, any cottonseed meal, commercial fertilizer or fertilizer materials, shall attach a tag to each bag, barrel or package

bearing the name and address of the manufacturer, and the guaranteed analysis of the cottonseed meal or fertilizer. These items shall be printed on each tag in the following order : First, weight of package in pounds; second, brand, name or trade-mark; * * * Sec. 4740 (1913). Penalty.—Any person selling or offering for sale any cottonseeil meal, fertilizer or fertilizer materials without first having complied with the provisions of this act, shall be deemed

guilty of a misdemeanor, and, upon conviction thereof, shall h>: fined

in any sum not less than one hundred nor more than five hundred

dollars.

Dig-est of the Statutes, Crawford and Moses, 1921, ch. 182, p. 2671.

Sec. 10446 (1919). Baling of cotton.—All cotton ginned and baled

by a public gin shall be baled in a press box not exceeding twenty- seven by fifty-four inches, inside measurement, and shall be wrapped

with sound standard bagging, not to exceed seven yards per

bale. * *

*

Sec. 10450. Standard of v/eights and measures.—The standards of

weights and measures of this State shall be the standard of weights

and measures used under the terms and provisions of this act [relating to public cotton gins] * * *^ Digest of the Statutes, Crawford and Moses, 1921, ch. 43, p. 756.

Sec. 2442 (1891). Scalage.—It shall be unlawful for any i>erc;on who

weighs cotton in the State of Arkansas to take ,off anything for

scalage.

Sec. 2443. Penalty.—Any person violating the provisions of this act

shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in any sum not less than five nor more than twenty-five

dollars.

Sec. 2444 (1895). Fee for weighing.—It shall be unlawful for any

person, corporation or warehouseman doing business in this State

to charge more than ten cents per bale for weighing, sampliiig and
AEKANSAS 85

marking cotton. Any persons, corporation or warehouseman violating the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not less than

ten nor more than twenty-five dollars.

Sec. 2445 (1889). Fees for weighing cotton.—It shall be unlawful for

any person or persons, weighing cotton for or by the authority of

any city of the first or second class or incorporated towns, to charge more than five cents per bale during the months of October, November, December, and January, and ten cents for and during the re- maining months of each year for weighing and marking cotton Any person violating the provisions of this section shall be deemed

guilty of a misdemeanor, and upon conviction shall be fined in anj sum not less than ten nor more than twenty-five dollars.

Sec. 2446 (1901). Public cotton weighers required to keep record.

AU persons weighing cotton for the public, in this State, and re- ceiving compensation therefor, shall be required to keep a book, or record of all cotton weighed by them, giving the weight and marks

of each bale, and for whom weighed, and to whom sold, where the

purchaser is known to the weigher, which book or record shall be

kept subject to inspection by the public. Any such weigher who shall refuse to keep such books, or records, or who shall, on demand of

any person, fail or refuse to exhibit the same, shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not

less than fifty dollars nor more than one hundred dollars.

Acts, 1907; Act. 196, p. 468.

Sec. 1. Public ginners.—That each and every person, individual, firm

or corporation, who maintain and operate a ginnery for the purpose

of ginning, ])acking, and baling cotton are hereby declared to be a

public ginner, and a public and lawful weigher of cotton in his

county. * * * Sec. 2. Public ginners required to keep accurate scales and records; weight to be stamped on bale; fees; certificate.—It is hereby made the

duty of eacii public ginner to keep an accurate pair of scales and

correctly weigh each bale of cotton ginned and baled by him, or caused to be ginned and baled by him, as soon as taken from the

press. And be shall keep in a book, to be provided by him, a record

of the numbei- of the bales ginned and packed by him, the date each

bale was ginned and packed and the name of the owner thereof.

And he shall plainly and securely place upon, or attach to, each

bale of cotton so ginned and baled by him, by stamp, tag or otherwise, the number and weight thereof.

He shall be allowed to charge five cents for weighing each bale of

cotton so ginned by him. And he shall give to each owner or person

for whom he may gin and bale cotton a certificate showing the

number and weight of each bale of cotton and the date of ginning.

Sec. 3. County clerk required to test scales.—It shall be the duty of

the county clerk to cause to be tested by the standard or test furnished to each county clerk, the scales of each public ginner in his

county once a year or as much oftener as may be necessary.

Sec. 4. Inaccurate or false weighing; misdemeanor.—That if any

ginner, his agent or employee, knowingly weigh any bale of cotton

inaccurately, or falsely weigh same, he shall be guilty of a misdemeanor.
86 LAWS CONCERNIKG WEIGHTS AND MEASURES

Sec. 5. Violation; penalty; proviso.—Any person who shall violate

any provision of this act, shall be deemed guilty of a misdemeanor

and upon conviction shall be fined in any sum not less than ten

dollars nor more than twenty-five dollars. Provided, the provisions of this bill shall apply only [to] the

counties of Bradley, Drew, Ashley, Nevada, Woodruff, Lincoln, and

Chicot.

Acts, 1915; Act 236, p. 874.

Sec. 1. Provides for the election of county court weigher in certain

counties.—That at the next general election for State and county

officers, and every two years thereafter, there shall be elected, in

the same "manner and under the same restrictions as is provided

by law for the election of other county officials, a county cotton weigher for each of the counties of Howard, Columbia, Polk, Montgomery, Nevada, White, and Scott, who shall hold their respective

offices for the term of two years, or until their respective successors

shall have been elected and qualified: Provided, That the law now

in force in Columbia County shall remain in full force and effect in

Columbia County.

Sec. 3. Deputy may be appointed, if necessary.—Any county cotton weigher elected under this act shall have the power and shall be

required, upon the written application of a majority of the qualified

electors of any political township in which is situated any town or

village in which enough cotton is sold to pay the wages of a competent deputy, to appoint such deputj' and to require of him a good

and sufficient bond, conditioned upon the faithful performance of

his duties as such deputy, and for the protection of himself for any

loss he "may sustain by the action of such deputy, and the said deputy

shall receive for his services the same compensation as is provided

in this act for the compensation of the services of the said county

cotton weigher.

Sec. 4. Duties of cotton weigher.—When any cotton weigher is elected under this act, or any deputy appointed, he shall prepare a convenient place, easy of access to the public for the performance

of his duties, and he shall keep a pair of scales, which shall be tested

as is now provided hj law, and shall weigh without unnecessary

delay all cotton sold or marketed at his place of business ; and when

the buyer or seller shall demand the weight of any cottonseed, grain,

cattle, hogs, sheep, cotton on the seed, coal or any other articles of

produce sold in the city, town or village where he keeps the scales and presented to him to be weighed, he shall weigh the same and

shall receive therefor, as compensation for his services, the amounts

hereafter provided by this act: Provided, however, That until the

secretary of state procures the tests and weights as provided for by

section 8004, of Kirby's Digest [sec. 10476], the said cotton weigher

or his deputy shall be allowed to use scales which have been tested by

the county clerk of the county in which his county is located, and

which said scales have been found to be correct by the county clerk

of said county, according to the tests and weights in his office, and

it shall be the duty of the county clerk to test the scales of all cotton weighers and deputies in his county, on or before Ihe first day of

August of each year, and if said scales are found to be correct ac-
ARKANSAS 87

cording to the weights and tests in his said office, he shall issue a certificate to the said cotton weigher, or his deputy, and the said certifi- cate, when so issued, shall entitle the said cotton weigher, or his

deputies to weigh cotton or other articles presented to him, as provided in this a,ct, and to collect for his services the compensation

herein provided for.

Sec. 5. Must keep record of all cotton and other articles weighed by

him.—The cotton weigher, or his deputy, shall mark upon eacli bale

of cotton weighed on his scales, the weight in figures, and shall deliver to the person or persons having cotton weighed, a certificate giving the number and weight of each bale of cotton, or if other

produce or livestock, he shall deliver a certificate giving the weight

of each article, and he shall keep in a well-bound book a record of

all cotton and other articles weighed by him, together with a memorandum of the buyer and seller of said articles and said boolc shall be kept in his office subject to public inspection at all times by any

person interested.

Sec. 6. Provides compensation.—Any cotton weigher elected under

the provisions of this act, or any deputy appointed, shall receive as compensation for his services, ten cents for each bale of cotton weighed and five cents for each wagon load of cotton, cottonseed, or

other produce that he may be called upon to weigh, and he shall make

no extra charge for any other kind of produce, and the said fee shall be paid- by the purchaser.

Sec. 7. Unlawful for any other person to weigh cotton in any town

where said cotton weigher has scales and is acting in his official ca- pacity.—If any person or persons, other than the said cotton weigher,

or his legally appointed deputy, shall weigh or attempt to weigh any

cotton sold or marketed in the town or village where the said cotton weigher, or his legally appointed deputy, keeps his scales and is act- ing in his official capacity, such person or persons shall be deemed

guilty of a misdemeanor, and upon conviction thereof shall be fined

in a sum not less than ten dollars nor more than twenty-five dollars,

and each bale of cotton so weighed or attempted to be weighed sliall constitute a separate offense, and any purchaser who charges or col- lects from the person from whom he buys the said cotton so weighed,

the price paid for weighing said cotton, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum

not less than one dollar, nor more than ten dollars, and each charge

or collection made in Adolation of this act shall be a separate offense.

Sec. 8. This act does not prohibit any weigher already elected from,

continuing his duties until the next election.—This act shall not be

construed to prohibit any county cotton weigher already elected from

continuing to perform the duties of his office as such cotton weigher,

until the next general election, and all cotton Aveighers heretofore

legally elected in the counties herein named, under any laws of the

State, providing for the election of cotton weighers, are hereby con- tinued in office and shall perform the duties, and shall be entitled to the compensation provided for in this act until the next general

election. Acts, 1917; Act, 409, p. 1890.

Sec. 1. County public weigher, election of from Greene County.—That

at the next general election for State and county officers and every
88 LAWS CONCEKNING WEIGHTS AND MEASURES

two years thereafter, there shall be elected, in the same manner and

under the same restrictions as is provided by law for the election of

other county officials, a county public weigher for the county of

Greene, who shall hold his office for the term of two years, or until

his successor shall have been elected and qualified: Provided, That

the governor shall appoint some citizen of Greene County to act as public weigher, under the provisions of this act, until the next general election for State and county officers. Sec. 3. Deputy, appointment of.—Any public weigher elected under

this act shall have the power and shall be required, upon the written

application of a majority of the qualified electors of any political

township in which is situated any town or village in which enough

public weighing is done to pay the wages of a competent deputy, to appoint such deputy and to require of him a good and sufficient bond,

conditioned upon the faithful performance of his duties as such

deputy, and for the protection of himself for any loss he may sustain

hy the action of such deputy shall receive for his services the same

compensation as is provided in this act for the compensation of the

services of the said county public weigher: Provided, The public,

weigher may have one or more deputies in the city of Paragould

and town of Marmaduke.

Sec. 4. Scales to be established, when; how maintained; public scales, how tested; duties of public weigher.—When any public weigher

is elected under the act, or appointed under the provisions of

section 3 of this act, it shall be the duty of the county court of

said county, or the judge thereof in vacation, immediately after

this act goes into elfect, to erect and prepare within the city of

Paragould, and the town of Marmaduke in said county or in any

other political township of said county complying with the provisions of this act for deputy public weigher, suitable grounds and

scales, to be established at a place or places that will be at all times

convenient and accessible to the general public for the use of said

public weigher, or his deputies : Provided, The county court or the

judge thereof in vacation may, for the purposes of carrying into

effect the provisions of this act, purchase, or lease said ground and

scales aforesaid and maintain the same out of the general revenues of

said county as other expenses of said county are now provided for

by law; Provided further', That when any public weigher is elected or appointed under this act. he shall be required to pay into the

treasury, for the use of said county in purchasing grounds, leasing same or purchasing scales or leasing same, ten per cent in cash of the

gross receipts of his business and that of his deputies in quarterly

payments, same to be made on the first day the county court convenes

in its regular sessions.

Said scales, when so erected, shall be tested as is now provided by

law, and the public weigher and his deputies shall weigh, without unnecessary delay, all cotton, cotton on the seed, corn, hay, wheat, oats, grain, hogs, sheep, cattle, chickens in coops, coal or any other articles of produce sold or marketed at his place of business or at any place

where deputies are appointed and located under the provisions of

this act where scales are maintained and said articles of produce are presented to him or them to be weighed. It shall be the duty of said

public weigher or his duly appointed deputies to weigh such articles
ABKANSAS 89

of produce and commodities without umiecessary delay and receive

therefor as comjoensation for his services the several amounts hereinafter provided for by this act: Provided further, That until the

secretary of state shall procure the tests and weights as provided in

section 8004, Kirby's Digest, the said public weigher and his deputies

shall be allowed to use scales which have been tested by the county

clerk of said county, and which said scales have been found to be

correct by his test so made, according to the weights and tests in his

office, and it shall be the duty of said clerk to make additional tests, from time to time as shall seem necessarj- to insure their correctness,

as evidence of which said clerk shall issue to said public weigher,

and his deputies certificates under seal, and the certificates when so

issued, shall entitle them to weigh ail or any of the articles mentioned

in this act, as they are presented for that purpose and manner as is herein provided and to collect for his services the compensation hereinafter provided for.

Sec. 5. Cotton and other commodities, how weighed and marked.

The public weigher and his deputies shall Aveigh each bale of cotton separately when so requested by the seller, and shall mark upon

each bale of cotton weighed in figures the weight thereof, and shall also deliver to the person or persons having cotton weighed, giving

the number and weight of each bale of cotton, or if other produce or

live stock he shall deliver a certificate giving the weights of such

produce or livestock, and he shall also keep in a well-bound book

a record of weights and such other descriptive matter as shall be

necessary to at any time identify same; a record of all cotton, corn, wheat, hay, cattle, hogs, chickens in coop, coal, and such other articles

of produce weighed by him, together with a memorandum of the

buyer and seller of said articles of produce and livestock, and said

record shall be kept in his office subject to the inspection of any

person interested, and in addition the said public weigher shall exhibit with his quarterly report to the county court the record re- quired to be kept by him for each quarter to enable the judge of

said court to examine the same to the end that said report shall be

ascertained to be correct.

Sec. 6. Fees of public weigher.—Any public weigher elected under

the provisions of this act, or his deputies appointed shall receive

as compensation for his services ten cents a load for all produce

weighed except livestock on foot in which case he shall receive

twenty cents, except such stock that shall be weighed in a wagon

and then he shall receive the sum of ten cents for each load of

hogs or sheep and the said fees shall be paid in cash by the seller. Sec. 7. Persons weighing without authority; penalty.—If any person

or persons, other than the said public weigher or his legally appointed deputies, shall weigh or attempt to weigh any of the arti- cles of produce or livestock mentioned in this act, when same is marketed, in any town, [or] village where the said public weigher

or his legally appointed deputies keep scales, and are acting in

their official capacity, such person or persons shall be declared guilty

of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than ten dollars and each load of produce or drove

of stock so weighed or attempted to be weighed shall constitute a separate olfense,
90 LAWS CONCERNING WEIGHTS AND MEASURES

Sec. 8. Public weigher, successor in case of death or resignation.—In

case of death, resignation or removal from the county of Greene of

the public weigher, the county judge of county shall have the power

to appoint some person public weigher who when complying with

the provisions of this act, shall be entitled to act as public weigher

of Greene County.

Digest of the Statutes, Crawford and Moses, 1921, ch. 113, p. 1831.

Sec. 6985 (1901). Timber inspectors, who are.—The county surveyors

of each county of the State of Arkansas shall be ex officio timber

inspectors for their respective counties and shall discharge the duties

and receive the fees herein provided.

Sec. 6990. Deputies.—Said timber inspectors may appoint one or more deputies for their respective coimties, for whose conduct and

fidelity in the discharge of their duties as such said county inspector

making the appointment shall be responsible upon his official bond;

and said count}' timber inspectors and their deputies shall have

power and authority to administer oaths for any purpose relating

to their office. Sec. 6991. Duties of inspectors.—Said county timber inspectors shall,

in person or by deputy, at the request of any owner of logs, timber

or lumber, after a scalement or measurement thereof, make a bill, stating therein the number of logs, the number of feet (board measure), contained in such logs and lumber and the number of feet,

cubic, running or board measure, contained in said timber, and at whose request the same was scaled or measured, and to whom scaled or measured, a copy of Avhich bill he shall enter upon the books of

his office, to be provided by him and kept for that purpose, with the

marks as they occurred upon the logs. A correct bill of the same

shall be given to such owner, with a certificate thereto attached

that it is a true and correct bill, which bill, so certified, shall be pre- sumptive evidence of the facts therein contained, and of the correct- ness of such scalement or measurement in all courts, except in favor

of the inspector or deputy inspector Avho made the same.

Sec. 6992, Allowances for hollow, rotten, or crooked logs.—Said

county timber inspectors and their deputies shall, in surveying or measuring logs, make such allowance for hollow, rotten or crooked

logs as would make them equal to good, sound, straight, merchantable logs: and all logs that are straight and sound are to be measured

at their full size, inside the bark at the small end; and all logs over twenty-four feet long, not exceeding thirty-six feet, shall be

scaled or measured as two logs, allowing such rise from the first to the second log as the same may require, or as may seem proper in

the opinion of the inspector or his deputy.

Sec. 6993. Deputies to make monthly statement.—Said county timber

inspector shall require of each of his deputies, at the end of each

month, a correct account of all of the logs, timber or lumber meas- ured by him during the month next preceding, and he shall immediately enter such account upon the books of his office. Sec. 6994. Standard log measurement.—The Doyle stick or standard

of log measurement is declared to be the standard by which all sawlogs bought, sold, cut or hauled in this State shall be scaled or esti-
ARKANSAS 91

mated, and in scaling logs the average diameter inside the bark

shall be taken.

Sec. 7003 (1883). Fees.—They shall be entitled to receive the following fees for services, viz : Five cents per thousand feet for scaling or measuring and making out survey bills for all logs he is called

upon to scale or measure; tweleve cents per thousand feet, running

measure, for measuring square timber; ten cents per thousand feet for sawed lumber, including bills; and in all cases such fees shall be paid by the owner of the logs, timber or lumber scaled or measured. For recording each mark, fifty cents. For recording

any mortgage, bill of sale or other written instrument, the same

fees allowed by law to registers of deeds for recording like instruments.

Digest of the Statutes, Crawford and Moses, 1921, oh. 121, p. 1889.

See. 7272 (1893). Weighman at mine; check weighman may be employed; powers and duties.—The weighman employed at any mine

shall, before entering upon his duties, take and subscribe on oath, or affirmation, before some proper officer, to do justice between employer and employee, and to weigh the output from the mine honestly and correctly. The miners engaged in working any mine shall have the privilege, if they so desire, of selecting, by a majority

vote, and employing, at their own expense, a check-weighman who

shall in like manner take an oath, and who shall have like rights,

powers and privileges, in attending and seeing that coal is correctly

weighed, and who shall be subject to the same penalties as the

regular weighman, and each of such weighmen shall keep account

of all coal weighed at the mines, in a well-bound book kept for

that purpose. Such oath or affirmation shall be kept posted in a conspicuous place in the weigh office, and every owner, agent or operator of any coal mine in this State shall kee^D a correct account

of the output of coal at his mine in a well-bound book kept for

that purpose, therein showing the amount of coal mined in each

day, in each month and in each year, and such account shall be

kept in the general office in this State of such owner, agent or

operator, subject at all times to the inspection of the inspector,

and if the mine be leased, subject also to the inspection of the owner

of the mine, his agent or attorney.

Sec. 7273 (1905). Mine scales.—It shall be the duty of every

corporation, company, or person engaged in the business of mining

and selling coal hy weight or measure, and employing ten or more

persons, to procure and constantly keep on hand at the proper place

the necessary scales and measures and Avhatever else may be necessary

to correctly weigh and measure the coal mined by such corporation,

company, or person, and it shall be the duty of the mine inspector

to visit each coal mine operated therein, and where such scales and

measures are kept, at least once in each year, and test the correctness of such scales and measures. The owner or operator of each coal

mine, or any two or more of the miners working therein, may, in

writing, require his attendance at the place where such scales and

measures are kept, at other times in order to test the correctness

thereof, and it shall be his duty to comply with such request as soon as he can after receiving such request.
92 LAWS CONCEENING WEIGHTS AND MEASURES

Sec. 7274. Testing weights at mines.—Every agent, owner, lessee, or operator engaged in mining coal in any quantity, where ten or more men are worked underground, shall furnish and keep on hand for the use of the State mine inspector, for inspecting, testing,

and examining scales, 500 pounds of United States standard testing

weights.

Sec. 7276 (1915). Coal not to be screened before being weighed, ex- ceptions; proviso; dimensions of screen; penalty.—It shall be unlawful

for any mine owner, lessee or operator of coal mines in this State,

where ten or more men ai^e employed underground, employing

miners at bushel or ton rates, or other quantity to pass the output of

coal mined by said miners over any screen or any other device which

shall take any part from the value thereof before same shall have

been weighed and duly credited to the employee sending the same to the surface, and accounted for at the legal rate of weights as fixed by

the laws of Arkansas, and no employee within the meaning of this act shall be deemed to have waived any right accruing to him under

this section by any contract he may make contrary to the provisions

thereof, and any provisions, contract or agreement between the mine

owners, lessees or the operators thereof, and the miners employed

therein, whereby the provisions of this act are waived, modified or annuled, shall be void and of no effect, and the coal sent to the sur- face shall be accepted or rejected; and, if accepted, shall be weighed

in accordance with the provisions of this act, and right of action

shall not be invalidated by reason of any contract or agreement;

Provided^ That in Kane Creek, Eiver and Logan Townships in

Logan Coiuity, and all of Johnson County, except Grant Township,

all coal mined and paid for by weight may be paid for on the mine- run basis or upon the screen-coal basis, which shall be a matter of

agreement between the operators and he miners : Provided further,

That if any coal shall be mined on the screen-coal basis it shall pass over the following kind of a screen, to wit : The screen shall not be more than four feet wide and not more than twelve feet long, made

of steel or iron bars, which shall not be less than five-eighths of an

' inch in thickness on the face and not less than five-sixteenths of an

inch in thickness on the bottom and not less than one and one-fourth

of an inch [in width and shall be in no case moi-e than one and one- fourth of an inch apart. Said screen] ^ shall be supported by i-ests or crossbars. It shall in no event be placed more than three feet apart. The screen bars shall be placed upon rests in such a manner

is to prevent spreading and said rests or crossbars shall be firmly

fastened to each side of the chute through which the coal passes. Said rests or crossbars shall be so arranged as in no case to rise above

the top of the screen bars in such manner as to retard the speed of

the coal in passing over the screen. Where coal is screened before it is weighed, it shall be dumped upon bat [flat^] sheets and passed over

the screen as described above, and there shall be no obstruction on

said screens. Any owner, agent, lessee or operator of any coal mine in this

State where ten or more men are employed underground, who shall knowingly violate any of the provisions of this section, shall be

^ The words in brackets are contained in the act as it appears in the Session Laws Ou

191-5, ch. 49, p. 157.
ARKANSAS 93

deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than two hundred dollars nor more than

five hundred dollars for each offense, or by imprisonment in the

county jail for a period of not less than sixty [days] nor more than

six months, or both such fine and imprisonment; and each day any

mine or mines are operated thereafter shall be a separate and distinct

olfense ; proceedings to be instituted in any court having competent

jurisdiction.
CALIFORNIA

Par. 14, Art. XI, Const., as amended in 1911. The legislature may by general and uniform laws provide for the

inspection, measurement, and graduation of merchandise, manufactured articles and commodities, and may provide for the appointment of such officers as may be necessary for such inspection, meas- urement and graduation.

Stats, and Amendments to the Codes, 1921, ch. 606, p. 1036.

Sec. 1. Department of agriculture; divisions; powers transferred to department.—The Political Code is hereby amended by adding a new

article to chapter three of title one of part three thereof, to be numbered article two b. embracing sections three hundred sixty-one to three hundred sixtj'-one e, and to read as follows

Article lib. Department of agriculture; divisions; powers transferred to department 361. A department of the government of the State of

California to be known as the department of agriculture is hereby

created. The department shall be conducted under the control of an executive officer to be known as director of agriculture, which

office is hereby created. The director shall be appointed by and hold

office at the pleasure of the governor, and shall receive a salary of

live thousand dollars per annum. * *

* 361a. For the purpose of administration, the department shall be

forthwith organized by the director in such manner as, with the

approval of the governor, shall be deemed necessary to properly

segregate and conduct the work of the department. The work of

the department shall be organized into at least five divisions to be

known respectively as the division of plant industry', the division of

agricultural chemistry, the division of animal industry, the division

of markets, and the division of weights and measures. The director,

with the approval of the governor, may create such other divisions

and subdivisions as may be necessary, and change or abolish the same from time to time with the approval of the governor. The director

shall act as chief of one of the divisions without additional compensation. * *

* 361b. The departm^ent of agriculture except as in this act otherwise provided shall succeed to and is hereby invested with all the

duties, powers, purposes, responsibilities and jurisdiction of the

* * * State superintendent of weights and measures. State market

director, State market commission, and of the several officers, deputies

and employees of such bodies and offices; and, whenever by the provisions of any statute or law now in force or that may hereafter

be enacted a duty or jurisdiction is imjDosed or authority conferred

upon any of said bodies, offices, deputies, or employees, or upon

any other person by any statute, the enforcement of which is trans- ferred to the department, such duty, jurisdiction and authority are

94
CALIFORNIA 95

hereby imposed upon and transferred to the department of agriculture and the appropriate officers thereof with the same force and

effect as though the title of said department of agriculture had

been specifically set forth and named therein, in lieu of the names

of any such board, commission, office, officer, deputy or employee

thereof as the case may be. Said bodies and offices, the duties,

powers, purposes and responsibilities of which are so transferred

to and vested in the department of agriculture and the positions

of all officers, deputies and employees thereunder are and each of

them is hereby abolished and shall have no further legal existence,

but the statutes and laws under which they existed and all laws prescribing their duties, powers, purposes and responsibilities and jurisdiction together with all lawful rules and regulations established

thereunder, are hereby expressly continued in force. The department of agriculture shall also be in possession and control of all records, books, papers, offices, equipment, supplies, moneys, fimds,

appropriations, land and other property, real or personal, now or

hereafter held for the benefit or use of said bodies, offices and

officers. General Laws, 1915, Deering, Act 4385, p. 2121.

Sec. 5 (1913). Standards of weights and measures.—The standards of

weights and measures received from the United States under a reso- lution of Congress approved June 14, 1836, and such new weights

and measures as shall be received from the United States as standard

weights and measures in addition thereto or renewal thereof, and

such as shall be procured by the State in conformity therewith and

certified by the National Bureau of Standards, shall be the State

standards by which all State, county and municipal standards of

weights and measures shall be tried, proved and sealed.

Sec. 6, as amended by Stats, and Amendments, 1917, ch. 786, p. 1648.

Custody of standards; tolerances.—The standards referred to in the

preceding section shall be kept by the State superintendent [department of agriculture] in a safe and suitable place in his office from

which they shall not be removed except for repairs or certification. He shall maintain such standards in good order and shall submit

them at least once in ten years to the National Bureau of Standards

for certification. Upon demand the secretary of state shall deliver

to the State superintendent [department of agriculture] all standards

now under the control and in the possession of the secretary of

state in his capacity of ex officio State sealer of weights and measures. The State superintendent [department of agriculture] shall thereupon submit such standards received from the secretary of the state to the National Bureau of Standards for certification, and he shall replace such standards as are incorrect and purchase such additional

standards as shall be necessary to complete and make up a complete

standard of weights and measures as required by this act. He shall

also purchase such apparatus as shall be found necessary to a proper

prosecution of the work of the office. The State superintendent of

weights and measures [department of agriculture] may establish

tolerances and specifications for commercial weighing and measuring apparatus for use in the State of California similar to the toler- ances and specifications recommended by the National Bureau of

517—26 7
96 LAWS CONCEBNING WEIGHTS AND MEASURES

Standards, and he may establish a standard net weight, or net measure, or net count of any commodity, produce or article except

any manufactured commodity consisting of four or more staple in- gredients, and prescribe such tolerances for same as he may in his

best judgment deem necessary for the proper protection of the public.

Any jDerson violating such standards or tolerances shall be guilty

of a misdemeanor.^

Sec. 8 (1913). Copies furnished cities, etc.; testing.—The State superintendent [department of agriculture] shall, at the request of the

legislative body of any county, city, town, or city and county, furnish

to said county, city, town, or city and county, copies of the standard

weights and measures of the State ; such copies shall be furnished at the expense of the county, city, town, or city and county requesting

the same. He shall upon request of the legislative body of any

county, citj', town, city and county, or upon the request of a sealer of weights and measures of any such county, city, town or city

and county, appointed pursuant to the provisions of this act, test and accurately ajDprove copies of the State's standards of weights

and measures procured by any such county, city, town or city and

countj' to be used by a sealer of weights and measures in the per- formance and discharge of his duties. Copies furnished under the

provisions of this section or copies tested and approved by the State

superintendent under the provisions of this section shall be true and correct; shall be sealed and certified to by the State superintendent [department of agriculture] and stamped with the letter " C." Such copies need not be of the same material or construction

as the standards of the State and such copies may be furnished in

any suitable materials or construction that the county, city, town,

or city and county requiring the same may specify, subject to the

approval of the State superintendent [department of agriculture].

Sec. 9. Inspection of standards used by cities, etc.; expense; complete

set of copies.—The State superintendent [department of agriculture]

shall inspect and correct the standards used by each county, city,

town and incorporated city and countj?^ of the State, and at least once in two years compare the same with those in his possession and

keep a record of the same, and where not otherwise provided by law

he shall have general supervision of the weights and measures and

weighing and measuring devices oifered for sale, sold or in use in the

State. Sealers of weights and measures appointed under the provisions of this act shall, upon the request of the State superintendent

[department of agriculture], deliver to the State superintendent

[department of agriculture] at his office the copies of the State's standards of weights and measures in their possession, and used in

the discharge and performance of their duties, for verification and

certification by the State superintendent [department of agriculture]

.

The actual expense of such comparison and verification shall be

borne by the county, city, town or city and county whose weights

and measures are compared and verified. In addition to the standards heretofore referred to and required to be kept by the State, the

State shall also have a complete set of copies of said original standards of weights and measures adopted by tlais act, which shall be

used for adjusting county and municipal standards by the State

' No section numbered 7.
CALIFORNIA 97

superintendent [department of agriculture] and his deputy in the

performance of their duties and the original standards shall not be

used except for the adjustment of this set of copies and for certifica- tion purposes. Additional complete sets of copies of such original

standard of weights and measures may be purchased by the superintendent [department of agriculture] when the same are necessary

for use by any deputy State superintendent employed by counties

under section sixteen of this act. The State, however, shall be reimbursed for the purchase of such copies by the county in which the same are used, in the manner hereinafter provided.

Sec. 10. Testing of weights and measures used by State institutions.

The State superintendent or his deputy [department of agriculture]

shall, at least once annually and as often as requested by the State

board of control or the executive officers of the institutions herein re- ferred to, test the scales, weights and measures used in checking the

receipt and disbursement of supplies in eyerj institution conducted

by the State, and he shall report in writing his findings to the executive officer of the institution concerned and to the State board of

control.

Sec. 11. Inspecting work of local sealers.-—The State superintendent

[department of agriculture] or his deputy shall at least once in two

years visit the various cities and counties of the State and inspect

the work of the local sealers of weights and measures, and in the

performance of said duties he or his deputy may inspect the weights, measures, balances or any other weighing or measuring devices of

any person, firm or corporation. The State superintendent [department of agriculture] and his deputy shall have all the powers of

sealers of weights and measures provided for in this act.

Sec. 12 (al915). Charges against sealers neglecting duties; hearing;

copy furnished accused; if found guilty; accusation to superior court; unlawful to sell weighing instruments.—The State superintendent [department of agriculture], if he finds that any sealer of weights and

measures appointed under the provisions of this act, or any sealer or deputy sealer appointed by any city or county in this State, prior

to this act, has refused or neglected to perform the duties of his office or refused to accept the recommendations and instructions of the

State superintendent [department of agriculture] or is guilty of any

malfeasance in office or who is incompetent, shall present to the

body, officer or board having power to remove such scaler or deputy

sealer of weights and measures a written charge and accusation based

upon and clearly stating the alleged olfense or offenses of such sealer, or deputy sealer and request such body, officer, or board to hear and

determine such charge and accusation. Upon receipt of such charge

and accusation, it shall be the duty of the body, officer or board with

whom the same have been filed to make an order setting the same

for hearing at a time which shall be not less than ten or more than

twenty days from the date upon which such charge and accusation

shall have been filed, and shall in such order fix the time and place

for such hearing. A copy of such charge and accusation, together

with a copy of such order, shall be served upon the accused at least seven days prior to the time fixed for such hearing : Provided, That in

the event he shall absent himself from his usual place of business, or office, such service may be made by depositing such copies in a
98 LAWS CONCERNING WEIGHTS AND MEASURES

conspicuous place therein or by leaving the same at the last known

place of residence of the accused, within the time above limited. At

such hearing the accused shall have the right to be represented by

comisel, if he so desires, and to produce witnesses and documentary

evidence in his defense. If, upon such hearing, he be found guilty

of malfeasance in office, or adjudged to be incompetent to perform

the duties of his office, the body, officer or board before whom such

hearing is had must forthwith remove him from office. If he be

found guiltj'^ of any of the other offenses herein enumerated he may

be punished by removal or by suspension without pay for a period

not exceeding thirty days, as such body, board or officej may determine. If he has reason to believe that any such sealer or deputy

sealer of weights and measures has committed any of the offenses

specified in section seven hundred and seventy-two of the Penal Code,

the State superintendent [department of agriculture] may, in his

discretion, present an accusation to the superior court of the countj'^

in which the accused is employed, which shall thereupon be heard

and determiiied by such court in the manner provided by law. The

remedies provided in this section are cumulative merely, and shall not in any wise detract from the right of the appointing power to remove at will any such sealer or deputy sealer of weights and measures. It shall be unlawful for the State superintendent [department

of agriculture], his deputies, or any sealer of weights and measures

to keep for sale, or offer or expose for sale, or to sell to any person,

firm, or corporation, or dealer in goods, 'Wares and merchandise,

doing or intending to do business in the State of California any

weighing or measuring instrument, or to be interested directly or

indirectly in the sale of any weighing or measuring instrument.

Sec. 13 (1913). Investigate conditions in State.—It shall be the duty

of the State superintendent [department of agriculture] to investigate conditions in the various counties, cities, and towns of the State

in respect to weights and measures, and to the sale of goods, wares and merchandise, commodities and foodstuffs in containers. The

State superintendent [department of agriculture] shall annually re- port to the governor, and shall prior to each regular session report

to the legislature the work of his office, and shall make such recom- mendations as he shall deem proper and necessary. * Sec. 14. Instructions to sealers.—The State superintendent [department of agriculture] shall issue instructions and make recommendations to the county and municipal sealers of Aveights and measures, appointed mider the provisions of this act, and such instruction and recommendations shall govern the procedure to be followed

by the aforesaid officers in the discharge of their duties.

Sec, 15. Eecord of acts done.—The State superintendent [department

of agriculture] shall keep in his office a complete record of all acts done by hirn and a record of all prosecutions for violation of the

provisions of this act, and the reports of the various sealers of

weights and measures appointed under the provisions of this act, which records and reports shall always be open to the public.

Sec. 16 (al915). Office of sealer of weights and measures created; compensation; term; deputies; failure of legislative body to appoint; cost of

copies.—The office of sealer of weights and measures is hereby created.

Whenever in this act the term " sealer " is used, the same shall be
CATJFOBNIA 99

taken to mean and refer to sealer of weights and measures. "Within one hundred and twenty daj^s after the approval of this act b}' the

governor, it shall be the duty of the board of supervisors of each of

the countries of the State except as hereinafter provided, to appoint

a sealer of weights and measures for their respective counties; said

sealer shall receive as compensation the sum of five dollars per day

for each day actually employed in the service of the county, to be

audited and paid as other claims against the county. He shall be

allowed his traveling expenses actuallj^ and necessarily incurred in

the performance of his duties. The term of office of such sealer of

weights and measures shall be four j^ears, but he shall be subject

to removal at the will of such board. A sealer appointed under this act may, with the consent of the board of s-upervisors of the county

appointing him, appoint a deputj' or deputies when necessary or expedient to carrj' out the provisions of this act. The compensation

of such deputies shall be the same as the county sealer and paid in

the same manner. Such deputies shall alwaj's be subject to removal

by the sealer of weights and measures. In case the legislative body

of any coimty or city and count}' shall not appoint a sealer for such

county or city and count}' within thirty da}'s after written request

for such appointment by the State superintendent [department of

agriculture], is received, said State superintendent shall assign as soon as practicable a deputy superintendent who shall perform all the duties of sealer in such county or city and county as provided in

this act to be performed by county or city sealers and to provide

copies of the original standards of weights and measures for use by

said deputy in such county. The actual cost of such services shall be paid by the county in the same manner in which other claims

against the coimty are paid. The amount to be paid shall be at the

rate of one hundred and fifty dollars per month for the time such

deputy superintendent is employed in such county in addition to the actual traveling expenses of such deputy made necessary by such

appointment. The county shall also stand its proportionate share of

the actual cost of the set of copies to be used in such county by such

deputy, at the rate of one-twelfth of the cost thereof for every

month such copies are employed therein during the first year of their

use, and in that event such county may at any time pay the balance

of the cost of such copies and become the owner thereof, or the

county may pay rental to the State for the use of such copies at the

rate of ten per cent per anniun of the cost price thereof.

Sec. 17, as amended by Stats, and Amendments, 1921, ch. 39, p. 41. Appointment of sealers; compensation; traveling expenses; term; in connties of second class with charters ; in counties of third class ; appointment

of deputies in certain counties by State superintendent.—The legislative

body of any county or consolidated city and coimty of the first to the thirty-fifth classes, both inclusive, and the legislative body of

any city or to\\ n ma}' appoint a sealer of weights and measures, fix

liis compensation and provide for the appointment by the sealer

of such number of deputies as the said legislative bodies may deem

necessary and expedient. Such sealer shall receive as compensation

the sum of one hundred fifty dollar per month, or at the rate of one hundred fifty dollars per month for each month or part thereof

actually employed in the service of such coimty, or city and county,
100 LAWS CONCERNING WEIGHTS AND MEASUEES

or city and town, He shall be allowed his traveling expenses actually and necessarily incurred in the performance of his duties; and

such deputies shall each receive as compensation the sum of five dollars per day for each day actually employed in the service of

such county, or city and county, or city and town. They shall be

allowed their traveling expenses actually and necessarily incurred

in the performance of their duties. The term of office of sealer of

weights and measures appointed under the provisons of this section

shall be four years. He shall be subject to removal by the power

appointing him. Deputies appointed under the provisions of this

section hy a sealer of a county, city and county, or city, or town,

shall be subject to removal by the sealer. In counties of the second class whose charters provide for a department of weights and measures, the appointment of a sealer and

deputies, the number of such deputies and the term of office thereof

shall be as provided in said charter: Provided, That the sealer shall receive for compensation the sum of three thousand dollars per an- num, and one deputy, to be kno^rn as chief deputy, shall receive as compensation the sum of two thousand four hundi-ed dollars per annum. Deputies shall receive as comj)ensation the sum of one thousand eight hundred dollars per annum, each payable in the same manner as the salaries of other county officers are paid. In

counties of the third class the sealer shall receive as compensation the sum of three thousand dollars per annum, and deputies shall each receive as compensation the sum of two thousand dollars

per annum, payable in the same manner as the salaries of other

county officers are paid.

In all counties other than those of the first to the thirty-fifth

classes, both inclusive, no county sealer or deputies shall be appointed

by the legislative body thereof, but the State superintendent of

weights and measures [department of agTiculture] shall assign to such counties, or groups of such counties, such deputy superintendents as may be necessary, but not more than one to each of such

counties. Such deputies shall have jurisdiction over such county,

or group of counties, as the State superintendent [department of

agriculture] may designate, except within the territorial limits of

those cities and towns within which sealers have been appointed

imder the provisions of this act. They shall have all the powers

and perform the duties of a sealer of weights and measures. They

shall be paid by the county wherein employed, five dollars a day for

each day employed therein, which shall not exceed one hundred

and twenty days in any one county in any one year, and they shall

also receive from such county their actual traveling expenses. The

terms of office of all sealers and deputy sealers in all counties other

than those of the first to the thirty-fifth classes, both inclusive,

shall terminate when this section becomes effective.

Sec. 18 (1913). Jurisdiction of sealers.—The jurisdiction of a sealer

appointed or a deputy State sealer employed for a county shall

extend over the entire territorial limits of the county appointing

such, sealer, except within the territorial limits of those cities and

towns within which sealers have been appointed under the provisions of this act. The jurisdiction of the sealer of weights and

measures appointed by the legislative body of any city or town
CALirOBNIA 101

under the provisions of this act shall extend over the entire terri- torial limits of such city or town.

Sec, 19. Sealers appointed heretofoie not affected.—This act shall not

affect the appointment of any sealer of weights and measures heretofore appointed for any city, town or city and coimty under any

law, but such sealers shall perform the duties of the office under the

provisions of this act, and shall possess the same powers and duties as sealers appointed under the provisions of this act. Sec. 20. Copies of standards for counties, etc.—Except as herein otherwise provided the board of suj)ervisors or legislative body of each

county, city, town and city and county of the State shall, upon the

appointment of a sealer under the provisions of this act, provide and

procure for their respective county, city, town and city and county,

copies of the State's standards of weights and measures at the ex- pense of such county, city, town or city and county; such copies

shall be verified and certified to by the State superintendent of

weights and measures [department of agriculture] as in section eight

of this act provided.

Sec. 21. Copies to be tested.—Sealers appointed under the provisions

of this act shall, at least every two years, cause to be proved and

tested by the State superintendent [department of agriculture]

copies of the State's standards in their possession. If, upon such

inspection, or any inspection by the State superintendent [department of agriculture], the copies of the weights and measures tested

shall be found to be incorrect, the same shall be adjusted, if the same are susceptible of being adjusted, but if not, new copies shall be procured and certified to in the same manner as original copies.

Sec. 22. Copies deemed correct.—In any prosecution for a violation

of any of the provisions of this act any copy of the standards of

weights and measures of the State furnished, procured and certified to under the provisions of this act, shall be admitted in evidence

upon the trial, and such copy shall be deemed prima facie true and

correct.

Sec. 23. Duties of sealers.—It shall be the du.ty of any sealer of

weights and measures to carefully preserve all copies of the standards of weights and measures in his possession, and to keep the same

in a safe and suitable place when not actually in use ; and it shall be

his duty annually and at such other times as the State superintendent [department of agriculture] may require to file with such superintendent [department of agriculture] a written report of the

work done by him of the weights, measures, weighing and measuring instruments inspected or tested by him and of the result of

such inspection, of all prosecutions instituted by him for violations

of the provisions of this act and of all other matters and things per- taining to his duties or which may be required by the State superintendent [department of agriculture].

Sec. 24. Dealers in weighing and measuring instruments to have same

tested.—Every person using or keeping for use or having or offering

for sale weights, scales, beams, measures of every kind, instruments

or mechanical devices for weighing oi measurement, and tools, appliances and accessories connected with any or all of such instruments or measures within a county, city, town, or city and county

in which there has been appointed a sealer under the provisions of
102 LAWS CONCEENING WEIGHTS AND MEASXJBES

this act, shall within three months after the appointment of such

sealer cause all such weights, scales, beams, measures of every kind,

instruments or mechanical device for weighing or measurement, and

tools, appliances and accessories connected with any or all such in- struments or measures to be sealed and marked by the sealer of

weights and measures of the county, city, town or city and county in

which the same are used, kept for use or kept or offered for sale. Sec. 25. Instruments must be tested before sale.—No weight, scale,

beam, measure of any kind, instrument or mechanical device for

weighing or measureinent, nor tools, appliances or accessories con- nected with any or all of such instruments or measures shall be used,

kept for use, sold, offered for sale or kept for sale in any county,

city, town or city and county, in which there is a sealer appointed

under the provisions of this act and :n which for three months there

has been continuously in office in such county, city, town or city and

county a sealer, unless such weight, scale, beam, measure of any kind,

instrument or mechanical device for weighing or measurement, and

tools, appliances and accessories connected with any or all such in- struments or measures shall have been sealed and tested as in this act provided.

Sec. 26. Instruments which may be sold and used; subject to inspection.—"Wlien any weight, scale, beam, measure of any kind, instrument or mechanical device for weighing or measurement, and tools,

appliances and accessories connected with any or all such instruments

or measurements have been tested and found correct by any sealer

appointed under the provisions of this act, the same may be used,

kept for use, offered for sale, sold, or kept for sale within any county,

city, town or city and countj^ of this State for one year without any

further test. Any weight, scale, beam, measure of any kind, instrument or mechanical device for weighing or measurement, and tools,

appliances and accessories connected with any or all such instruments

or measures, which have been tested and sealed and certified to as correct by the National Bureau of Standards, may be kept for sale,

sold or offered for sale without being first tested and sealed by a

sealer as in this act provided. But all such weights, scales, beams, measures of any kind, instruments or mechanical devices for weighing or measurement, and tools, appliances and accessories connected

with any or all such instruments or measures shall always be subject

to inspection and testing as herein provided, notwithstanding that

the same have been tested and sealed either by a sealer appointed

under the provisions of this act or by the National Bureau of

Standards.

Sec. 27. Testing of devices which must be assembled before use.—Any

scale, beam or mechanical device for weighing or measuring, which,

after being sold and before being used for weighing or measuringit is necessary to assemble or set up, may be sold, kept for sale, or

offered for sale without first being tested and sealed as in this act provided; but such scale, beam or mechanical device for weighing

or measuring, before being used for weighing or measuring must be

tested and sealed as in this act provided.

Sec, 28. Testing upon request of resident; testing upon request of firm,

etc., using; not relieved from violation.—Upon a written request of any

resident of a county, city, town or city and county, in which there
CALIFORNIA 103

has been appointed a sealer under the provisions of this act, there

appearing reasonable ground therefor, the sealer for such county,

city, town or city and county shall test or cause to be tested, as soon

thereafter as is practicable, the weights, scales, beams, measures of

any kind, instruments or mechanical devices for weighing or measurement, tools, appliances and accessories connected with any or all such instruments or measurements used in buying or selling by the

person, firm or corporation, designated in such request. Upon the

written request of any person, firm or corporation, using, having

for use, selling, keeping or offering for sale any weight, scale, beam, measure of any kind or instrument or mechanical device for weighing or measurement, tools, appliances and accessories connected with

any or all such instruments or measures, in any county, city, town,

or city and county in which there has been appointed a sealer under

the provisions of this act, the sealer for such county, city, town or

city and county shall test or cause to be tested, as soon thereafter as

is practicable, the weights, scales, beams, measures of any kind,

instrument or mechanical device for weighing or measurement, tools,

appliances and accessories connected with any or all such instruments or measures belonging to or used by such person, firm or corporation; but such written request shall not relieve the person,

firm or corporation making it from any violation of the provisions

of this act or of the responsibility provided in this act for using,

keeping for use, selling or offering to sell, or keeping for sale, any

false weight, scale, beam, measure of any kind, instrument or mechanical device for weighing or measurement, tools, appliances and

accessories connected with any or all such instruments or measures.

Sec. 29. Duties of sealers; weigh packages.—The sealer shall, within

his county, city, town or city and county, inspect, try, test all weights, scales, beams, measures of any kind, instruments or mechanical devices for weighing or measurements, and tools, appliances

and accessories connected with any or all such instruments or measures, kept for the purpose of sale, sold, or used by any proprietor,

agent, lessee or employee in proving the size, quantity, extent, area, weight or measurement of quantities, things, produce, articles for

distribution or consumption, purchased or offered or submitted by

such person or persons for sale, hire or award and ascertain if the same are correct; and he shall have the power to and shall, from

time to time, weigh or measure packages or amounts of commodities

of whatsoever kind kept for the purpose of sale, offered for sale or

sold, or in the process of delivery, in order to determine whether tlie same contain the quantity or amount represented and whether they

are being offered for sale or sold in accordance with law and may

seize for use as evidence any such amounts of commodities or package or packages which shall be found to contain a less amount

than that represented. He shall, at least once in each year, or as much oftener as he deems necessary, see that the weights, measures and all weighing and measuring apparatus, used in his county, city,

town, or city and county, are correct. He may, for the purpose

above mentioned, and in the general performance of his duty, without formal warrant, enter or go into or upon, any stand, place,

building or premises or stop any vendor, peddler, junk dealer, driver

of a coal wagon, ice wagon or delivery wagon or the driver of any
104 LAWS CONCEBNIIJ-G "WEIGHTS AND MEASURES

wagon containing commodities for sale or delivery and, if necessary, require him to proceed to some place which the sealer may specify

for the purpose of making the proper tests. Sec. 30. Violators prosecuted.—Any sealer having knowledge of a

violation of any of the provisions of this act, or of any law relating

to weights and measures shall cause the violator to be prosecuted.

Sec. 31. Marking weights and measures tested, etc.; "out of order";

removal of tags prohibited.—-Whenever a sealer compares weights and

measures or weighing or measuring instruments and finds that they

correspond, or causes them to correspond, to the standards in his

possession, he shall seal or mark, under his name, such weight or measure or weighing or measuring instrument with an appropriate

device showing that the weight or measure or weighing or measuring

instrument is correct and the date of the inspection, which device

shall be placed so as to be easily seen. He shall condemn and seize

and may destroy incorrect weights and measures and weighing and

measuring instruments which in his best judgment are not susceptible

of repair, but any weight, measure or weighing or measuring instrument which shall be found to be incorrect, but which in his best

judgment is susceptible of repair, he shall cause to be marked Avith a tag or other suitable device with the words "out of order." The

owners or users of any weights or measures or weighing or measuring instruments which have been marked " out of order," as in this

section provided, may have the same repaired or corrected within

thirty days, but until the same have been repaired or corrected and

tested as herein provided the owners or users thereof may neither use nor dispose of the same in any way, but shall hold the same at the

disposal of the sealer. When the same have been repaired or corl ected the owner or user thereof shall notify the sealer and the sealer

shall again test and prove the weight, measure, or weighing or measuring instrument, which had been found incorrect and marked

as in this section provided, and until such weight, measure, or measuring or weighing instrument has been reinspected by the sealer

and foimd correct, the same shall not be used or in any way disposed

of by the owner. Any person who removes or obliterates any tag or device placed upon any weight, measure, or weighing or measuringinstrument by the sealer as in this act provided, shall be guilty of a misdemeanor. When any weight, measure or weighing or measuring

instrument has been repaired and corrected, as in this act provided,

and has been reinspected and found correct by the sealer of weights

and measures, as in this act provided, the sealer of weights and

measures shall remove the tag or device with the words "out of

order," and shall seal and mark such weight, measure, or weighing

or measuring instrument in the manner provided for the marking of

the same where upon inspection they are found correct.

Sec. 32, as amended by Stats, and Amendments, 1917, ch. 786, p. 1650. Penalty for possessing or using false weights and measures.—Any per- son who, by himself, or his employee or agent, or as the employee

or agent of another, shall use, in the buying or selling of any commodity, or retain in his possession a false weight or measure or weighing or measuring instrument, or shall offer or expose for sale, or sell, except as heretofore specifically allowed in section twentyseven of this act, or use or retain in his possession any weight or
CALIFOKNIA 105

measure or weighing or measuring instrument in any county, city,

town, or city and county in which there has been appointed a sealer of weights and measures in accordance with the provisions of this

act, which has not been sealed by a sealer within one year, or who

shall use or dispose of any condemned weight or measure, or weighing or measuring instrument contrary to law. or any person who.

by himself, or his employee or agent, or as the employee or agent of

another, shall sell or offer or expose for sale or use or have in his

possession for the purpose of selling or using any device or instrument to be used or calculated to falsify any weight or measure, and

any person who, by himself, or his employee or agent, or as the

employee or agent of another, shall sell or offer or expose for sale any commodity, produce, article or thing in a less quantity than he

represents it to be or contain, shall be guilty of a misdemeanor.

Possession of any false weight or measure or weighing or measuring

instruments or records thereof shall be prima facie evidence of the

fact that they were intended to be used in the violation of law.

Sec. 32a, as enacted by Stats, and Amendments, 1917, ch. 786, p. 1650.

Sale of commodities at other than net weight, etc., misdemeanor.—No

person shall by himself or his employee or agent, or as the employee

or agent of another sell or offer or expose for sale any commodity,

produce, article or thing at, by, or according to gross weight or measure, or at, by, as. of, or according to any weight, measure or count which is greater than the true net weight, measure or count

thereof, or which is less than the standard net weight, standard net measure or standard net count, including tolerances, as such standards and tolerances are now or may hereafter be established pursuant to the provisions of this act. Any person violating any of the

provisions of this section shall be guilty of a misdemeanor.

Sec. 33 (1913). Power of peace officers.—The State superintendent

[department of agriculture], his deputy, all sealers and their deputies, in the performance of their official duties, shall have the same

powers as are possessed by peace officers of this State.

Sec. 34. Hindering sealers.—Any person who shall hinder or obstruc t in any way the State superintendent [department of agriculture] or

his deputy, or a sealer or his deputy, in the performance of their

official duties, shall be guilty of a misdemeanor.

Sec. 35. Refusing to exhibit weights and measures.—Any person neglecting or refusing to exhibit any weight, measure, or weighing

or measuring instrument of any kind, or appliances and accessories connected with any or all of such instruments or measures which is in his possession or under his control, to the state superintendent [department of agriculture] , or his deputy, or to a sealer or

his deputy, for the purpose of allowing the same to be inspected and

examined as in this act provided, shall be guilty of a misdemeanor.

Sec. 36. Refusing to exhibit commodities.—Any person, who by himself, or his employee or agent, or as a proprietor or manager, shall refuse to exhibit any article, commodity, produce or anything being

sold or offered for sale at a given weight or quantity, or ordinarily

so sold, to the State superintendent [department ox agriculture], or to his deputy, or to a sealer or his deputy, for the purpose of

allowing the same to be tested and proved as to the quantity con- tained therein as in this act provided, shall be guilty of a misde- meanor.
106 LAWS CON-CEBNING WEIGHTS AND MEASURES

Sec. 37. Penalty for false sealing.—Any sealer who shall seal any

weight, measure, balance or apparatus before first testing and making the same conform with the standards of the State, or who shall condemn any weight, measure, balance or apparatus without first testing the same, shall be deemed guilty of a misdemeanor.

Sec. 38. Misdemeanor.—Any person A'iolating any of the provisions

of this act shall be guilty of a misdemeanor.

Sec. 39. "Person."—The word "person," as used in this act, shall be deemed to include person, firm or corporation.

Sec. 40. Duty of officers of corporations.—It shall be the duty of all

officers, directors and managers of corporations, whose respectire

corporations use or keep for use, sell or offer for sale, any weights, measures, or weighing or measuring instruments which are subject

to inspection by the provisions of this act, to comply with the provisions of this act on behalf of their respective corporations; and

it shall be the duty of all officers, directors and managers of cor- porations, whose respective corporations offer for sale or keep for

sale any commodity, produce, article or thing which is subject to inspection by the provisions of this act, to comply therewith on

behalf of their respective corporations. In case any corporation

shall violate any of the provisions of this act, the corporation and

the officers thereof directly concerned with the act or acts constituting such violation shall be severally guilty of a misdemeanor.

Sec. 41. Sealing by State superintendent.—^Any sealing or testing of

any weight, measure, weighing or measuring instrument by the

State superintendent [department of agriculture] or his deputy

shall have the same force and effect as a sealing or testing by a

sealer or his deputy.

Sec. 43, as amended, by Stats, and Amendments, 1917, ch. 786, p. 1650.

Title of act.—This act when cited or amended may be designated as the " weights and measures act."

Stats, and Amendments, 1921, ch. 704, p. 1196. Section 1. Standard weights for loaves of bread; small loaf; standard

large loaf; tolerances; twin and multiple loaves.—All loaves of bread

made or procured for the purpose of sale, sold, offered or exposed

for sale in the State of California shall weigh, six hours after

baking, not less than sixteen ounces avoirdupois, except as hereinafter provided, and such weight shall be the standard weight of a small loaf in the State of California. Bread may also be made or pi-ocured for sale, sold or offered or exposed for sale in twenty-foui ounce loaves, which shall be known as a standard large loaf; also, in multiples of the standards fixed for the small and large loaves and

no other. Commercial tolerances in excess are hereby fixed for small

loaves of one ounce and for large loaves of two ounces, and there

shall be no tolerance below or in deficiency of the fixed standard

weight. Bread commonly known as " twin loaves " or multiple

loaves may be made or procured for the purpose of sale, sold, offered or exposed for sale, providing each unit of such " twin " or multiple

loaf conform.s to the standard weights as herein fixed. The commercial tolerance fixed for small loaf shall apply to each unit of the

" twin " or multiple loaf.

Sec. 2. Penalty; time of inspection.—Any person, firm or corporation

who shall make or procure for the purpose of sale, sell, offer or
CALIFOENIA 107

expose for sale within the State of California any bread in loaves

otherwise than herein provided for or in conflict with the standard

weights of bread when baked as herein fixed, shall be guilty of a misdemeanor. All inspection of the weight of bread shall be made

on the premises of the maker or manufacturer by averaging the

weight of not less than twenty loaves of bread of any one unit and

such average weight per loaf shall not be less than the minimum or more than the maximum weight herein fixed for such units.

Sec. 3. Exemption of crackers, etc.—The provisions of this act shall not apply to crackers, pretzels, biscuits, buns, scones, rolls or loaves

of fancy bread weighing less than one-fourth of a pound avoirdupois

or to what is commonly known as " stale bread," sold as such, provided the seller shall, at the time of sale, expressly state to the buyer

that the bread so sold is stale bread.

Sec, 4. Enforcement.—The enforcement of the provisions of this act shall be under the supervision of the State superintendent of

weights and measures [department of agriculture].

Stats, and Amendments, 1915, ch. 653, p. 1288.

Sec. 1, as amended by Stats, and Amendments, 1923, ch. 150, p. 310. Weighmaster's bond; fee; seals.—All persons, firms, corporations, co- partners, or individuals engaged in the business of public weighing

for hire, or any person, firm, or corporation who shall weigh or measure any commodity, produce, or article, and issue therefor a weight certificate which shall be accepted as the accurate weight

upon which the purchase or sale of such commodity, produce, or article is based shall be known as a public weighmaster, and shall file a bond with the State superintendent of weights and measures [department of agriculture] in the sum of one thousand dollars for the

faithful performance of his duties, and shall pay a license fee of ten

dollars per annum to the State superintendent of weights and measures [department of agriculture] and shall obtain from the State

superintendent of weights and measures [department of agriculture] a seal for the stamping of weight certificates hereinafter provided for,

which shall only be in such form as such superintendent [department of agriculture] may prescribe.

(a) The said seals shall be the property of the State and shall be

forfeited and returned to the State superintendent of weights and

measures [department of agriculture] upon termination of the per- formance of the duties herein prescribed as being the duties of a public weighmaster. Such seal shall be of a form and design pre- scribed by the State superintendent [department of agriculture] and

furnished by him at the expense of the weighmaster. Said seal shall be a recognized authority of accuracy when applied to weight certificates. Nothing in this act contained shall be construed as applying to persons maintaining scales in villages or country districts for

weighing farm products for hire, where such person does not carry on regularly the business of weighing for hire and any person so maintaining any such scales for pch purpose shall not be construed

to be a " public weighmaster " within the meaning of this act.

Sec. 2. Weight certificates.—The State superintendent [department

of agriculture] shall prescribe a form of weight certificates to be

used by all public weighmasters, which certificates shall be known

as the "state certificate of weights and measures," and shall state
108 LAWS CONCEKlSriNG WEIGHTS AND MEASUEES

thereon the kind of product, the number of units of the same, the

date of receipt of the product, the owner, agent or consignee, the total

weight of the product, the vessel, railroad, team, or other means by

which the product was received, any trade or other mark thereon,

and such other information as may be necessary to distinguish or

identify the product from a like kind. No certificate other than the one herein prescribed shall be used by public weighmasters.

Sec. 3. Records.—All public weighmasters shall keep and preserve

correct and accurate records of all public weighings, as provided by

this act, which records shall at all times be open for inspection by

the State superintendent of weights and measures [department of

agriculture], or his deputy.

Sec. 4. Accurate and correct weight; penalty for issuing false certifi- cate.—All State certificates of weights and measures as provided by

this act, shall contain the accurate and correct weight of any and aU

commodities weighed when issued by the public weighmaster.

(a) Any public weighmaster who shall issue a State certificate of weights and measures giving a false weight or measure of any

article or commodity weighed or measured by him, or his representative, to any person, firm or corporation, shall be guilty of a misdemeanor, and the State superintendent [department of agriculture]

may direct and compel the return to him of the State seal, or declare his bond as public Aveighmaster forfeited, or both.

Sec. 5, as amended by Stats, and Amendments, 1919, ch. 348, p. 723. Penalty for false measurement, etc.

Any person, firm, corporation,

who shall request the public weighmaster, or any person employed

by him to weigh any product, commodity, or article falsely or incorrectly, or who shall request a false or incorrect state certificate of

weight and measure, or any person issuing a state certificate of

weights and measures who is not a public weighmaster as provided

for in this act, shall be guilty of a misdemeanor.

Sec. 6, as amended by Stats, and Amendments, 1919, ch. 348, p. 723. Reweighing.—When doubt or differences arise as to the correctness of the net or gross weight of any amount or part of any commodity,

produce, or article for which a state certificate of weights and measures has been issued by a public weighmaster, the owner, agent, or consignee may, upon complaint to the State superintendent of weights

and measures [department of agriculture], or his deputy, have said

amomit or part of the amount of any commodity, produce, or article, reweighed by the State superintendent of weights and measures

[department of agriculture], or a public weighmaster designated by

him, upon depositing a suilicient sum of money to defray the

actual cost of reweigh with the State superintendent of weights and

measures [department of agriculture]. If, on reweighing, a differ- ence in the original weight is discovered as the result of fraud, carelessness, or faulty apparatus, the cost of reweighing shall be borne

by the public weighmaster responsible for the issuance of such

faulty State certificate of weights and measures. All public weighmasters employing or designatingp any person to act for them as deputy public weighmaster, shall be responsible for all acts per- formed by such person, and the public weighmaster shall forward

to the State superintendent of weights and measures [department of

agriculture] the name and address of persons so appointed.
CALIFORNIA 109

Sec. 7, as amended by Stats, and Amendments, 1919, ch. 348, p. 723. Lots piled separately; net weight.—All amounts, lots, shipments, or consignments of products, after having been weighed, shall be piled or stored separately, as near as can be, or in some manner marked in

order that said amounts, lots, shipments, or consignments may be

distinguished from each of a like kind. When any product is sold

subject to public weighmaster weights, such weight shall be the true

net weight of the product. Net weight within the meaning of this act shall be the correct or actual weight of the commodity excluding

the weight of the container.

Sec. 7a, as enacted by Stats, and Amendments, 1919, ch. 348, p. 723. Penalty.—Any person violating any of the provisions of this act shall be guilty of a misdemeanor.

Political Code, 1915, Deering, ch. 8, p. 766.

Sec. 3209 (al915). Standard weights and measures furnished by Government; metric system may be used.—The standard weights and

Ineasures now in charge of the State superintendent of weights and

measures being the same that were furnished to this State by the

Government of the United States, and consisting of one standard

yard measure; one set of standard weights, comprising one troy

pound, and nine avoirdupois weights of one, two, three, four, five, ten, twenty, twenty-five, and fifty pounds, respectively; one set of

standard troy ounce weights, divided decimally from ten ounces

to the one ten-thousandth of an ounce; one set of standard liquid

capacity measures, consisting of one wine gallon of two hundred and

thirty-one cubic inches, one half-gallon, one quart, one pint, and one

half-pint measure; and one standard half-bushel, containing one thousand and seventy-five cubic inches and twenty-one hundredths

of a cubic inch, according to the inch hereby adopted as the standard, are the common standards of weights and measures throughout the State: Provided^ hoivever^ That instead of using the com- mon standard of weights and measures it shall be lawful throughout the State to employ the weights and measures of the metric

system authorized by the Congress of the United States of America,

and no contract or pleading in any court shall be deemed invalid or

liable to objection because the weights and measures expressed or

referred to therein are weights or measures of the metric system.

Sec. 3210 (1872). Unit of extension.—The standard yard is the

unit or standard measure of length and surface from which all other measure of extension, whether lineal, superficial, or solid, are derived and ascertained.

Sec. 3211. Division of the yard.—The yard is divided into three

equal parts, called feet, and each foot into twelve equal parts, called

inches; for measures of cloths and other commodities commonly

sold by the yard, it may be divided into halves, quarters, eighths,

and sixteenths.

Sec. 3212. Eod, pole, perch, mile, chain.—The rod, pole, or perch,

contains five and a half yards, ^and the mile one thousand seven hundred and sixty yards; the chain for measuring land is twentytwo yards long, and divided into one hundred equal parts, called

links.

Sec. 3213. Acre.—The acre for land measure must be measured

horizontally, and contains ten square chains, and is equivalent in
110 LAWS CONCEENING WEIGHTS AND MEASUEES

area to a rectangle sixteen rods in length and ten in breadth; six

hundred and forty acres being contained in a square mile.

Sec. 3214. Units of weight.—The standard avoirdupois and troy

weights are the units or standards of weight from which all other

weights are derived and ascertained.

Sec. 3215 (al915). Standard weights.—^The avoirdupois pound,

which bears to the troy pound the ratio of seA^en thousand to five thousand seven hundred and sixty, is divided into sixteen equal

parts, called avoirdupois ounces; the hundred weight consists of one hundred avoirdupois pounds, and twenty hundred weight constitutes a ton. The avoirdupois ounce is divided into sixteen equal

parts called avoirdupois drams. The troy ounce is equal to the

twelfth part of the troy pound. The troy pennyweight is equal

to the twentieth part of the troy ounce, and the troy grain is equal

to the twenty-fourth part of the troy pennyweight. The apothecary's pound is equal to the troy pound. The apothecary's ounce

is equal to the twelfth part of the apothecary's pound. The apothecary's dram is equal to the one-eighth part of the apothecary's

ounce. The scruple is equal to the one-third part of the apothecary's dram, and the grain is equal to one-twentieth of the scruple.

Sec. 3216. Liquid measures.—The standard gallon and its parts are

the units or standards of capacity for liquids, from which all other measures of liquids are derived and ascertained. The liquid quart

is equal to the one-fourth part of the standard gallon. The pint

is equal to the one-eighth part of the gallon. The gill is equal

to the one-fourth part of the pint. The fluid ounce is equal to the one-sixteenth part of the pint. The fluid dram is equal to the eighth part of the fluid ounce, and the minimum is equal to the sixtieth part of the fluid dram.

Sec. 3217 (1872). Barrel, hogshead.—The barrel is equal to thirty- one and a half gallons, and two barrels constitute a hogshead.

Sec. 3218. ¥nit of measure for solids.—The standard half bushel is the unit or standard measure of capacity for substances other than

liquids, from which all other measures of such substances are derived

and ascertained.

See. 3219. Division of half bushel.—The peck, half peck, quarter

peck, quart, and pint measures for measuring commodities other

than liquid are derived from the half bushel by successively dividing that measure by two.

Sec. 3220. Division of capacity or commodities; construction.—The

measures of capacity for coal, ashes, marl, manure, Indian corn in

the ear, fruit, and roots of every kind, and for all other commodities

commonly sold by heap measure, are the half bushel and its multiples and subdivisions; and the measures used to measure such

commodities must be made cylindrical, with plane and even bottom, and must be of the following diameters from outside to outside: The bushel, nineteen and a half inches; half bushel, fifteen

and a half inches, and the peck, twelve and a third inches.

Sec. 3221. Heap measure.—All commodities sold by heap measure must be duly heaped up in the form of a cone; the outside of the

measure, by which the same are measured, to be the limit of the

base of the cone, and such cone to be as high as the article will

admit.
CALIFOBNIA 111

Sec. 3222 (al915). Contracts to be construed according to common

standards.—Contracts made within this State for work to be done

or for anything to be sold or delivered by weight or measure, must

be construed according to the foregoing common standards, known

as the imperial system or according to the foregoing authorized

weights and measures of the metric system, according as the units

of one system or the other system are used or referred to in such

contracts.

Sec. 3223 (1872). Weiglit per bushel.—Whenever wheat, rye, Indian

corn^ barley, buckwheat, or oats, are sold by the bushel, and no

special agreement as to the weight or measurement is made by the

parties, the bushel consists of sixty pounds of wheat, of fifty-four

pounds of rye, of fifty-two pounds of Indian corn, of fifty pounds

of barley, of forty pounds of buckwheat, and of thirty-two pounds

of oats. Penal Code, 1915, Deering, ch. 12, p. 248.

Sec. 552 (1872). False weight and measure defined.—A false weight

or measure is one which does not conform to the standard established

by the laws of the United States of America.

Sec. 553. Using false weights or measures,—Every person who uses any weight or measure, knowing it to be false, by which use another

is defrauded or otherwise injured, is guilty of a misdemeanor.

Sec. 554. Stamping false v/eiglit.—Every person who knowingly

marks or stamps false or short weight or measure, or false tare, on any cask or package, or knowingly sells, or offers for sale, any cask

or package so marked, is guilty of a misdemeanor.

Sec. 555 (1875-76). Weight by the ton or pound; full weight re- quired.—In all sales of coal, hay, and other commodities, usually

sold by the ton or fractional parts thereof, the seller must give to the

purchaser full weight, at the rate of two thousand pounds to the ton

and in all sales of articles which are sold in commerce by avoirdupois weight, the seller must give to the purchaser full weight, at the

'

rate of sixteen ounces to the pound; and any person violating this

section is guilty of a misdemeanor.

Sec. 556 (1915). Sale of coal.—No person shall willfully or knowingly, with intent to defraud, sell or exchange, or offer or expose for

sale or exchange, coal of a specific name or kind under any other

name or description, or as the output of any mine other than the mine

of which it is the product, and any person who shall violate any of

the provisions of this section is guilty of a misdemeanor.

Penal Code, 1915, Deering, p. 174.

Sec. 381 (al874). Penalty for putting extraneous substances in packages sold by weight to increase the weight; false tare.—Every person

who, in putting up in any bag, bale, box, barrel, or other package,

any hops, cotton, wool, grain, hay, or other goods usually sold in

bags, bales, boxes, barrels, or packages by weight, puts in or conceals

therein anything whatever, for the purpose of increasing the weight

of such bag, bale, box, barrel, or package, with intent thereby to sell the goods therein or to enable another to sell the same, for an

increased weight, is punishable by fine of not less than twenty-five

dollars for each offense. 517—26 a
112 LAWS CONCEKlSriNG WEIGHTS AND MEASURES

Penal Code, 1915, Deering, p. 736 (1893).

Short-weight butter.—Any person or persons, firm or corporation,

who offers for sale roll-butter not of full weight to each roll, shall

be guilty of a misdemeanor.

Stats., 1901, ch. 222, p. 660.

Sec. 1 (1901). Miner's inch.—The standard miner's inch of water

shall be equivalent or equal to one and one-half cubic feet of water

per minute, measured through any aperture or orifice. Gen. laws, 1915, Bearing, Act 4383, p. 2119.

Sec. 1 (1903). Weighers at warehouses.—All persons now engaged"

in or who may hereafter engage in a general warehouse, wharfinger

or storage business for the storage of grain or other commodities,

which in the course of such business are weighed, shall, before they

engaged in such business, or within sixty days after the appointment

of an inspector of weights as provided in section 4 of this act, designate in writing a person or persons as weigher or weighers

for such business at the place thereof, and the person or persons so designated shall thereupon, and before they shall do any weighing

for such business subscribe, before an officer authorized to administer

oaths, the following oath to wit ; * *

*

Sec. 2. Correct scales.—All persons engaged in the business in the

foregoing section mentioned shall keep for and use in such business no other than true and correct scales and weights.

No person, excepting the person or persons thus designated and

subscribing and recording such oath shall do any of the weighing

of such business.

Sec. 3. Correct scales; weights to conform to U. S. standard.—Every

person engaged in the business in said section one mentioned, shall

keep and use therein none but true weights, and scales ; said weights

must conform to the United States standard of weights.

Sec. 4. County inspectors.—The board of supervisors of the re- spective counties of the State of California, hereby are authorized

to appoint for their respective counties an inspector of weights

and measures, who shall hold office at the pleasure of said board

and receive such compensation as each board may allow, and whose

duty it shall be from time to time to test and examine all scales and weights kept or used in the business in the foregoing sections

mentioned, and report all violations of this act to the district attor- ney of such county, whose duty it shall be to prosecute all violations

hereof.

Sec. 5. Misdemeanor.—Every violation of this act shall be and is punishable as a misdemenor.

Sec. 6. Damages for short weight.—Besides the prosecution of the

criminal actions herein provided for, every person defrauded by

false or incorrect weighing shall be entitled to recover from the

person owning or conducting such business as in the foregoing

sections mentioned, in any court of competent jurisdiction, three

times the amount of such shortage in weight of the grain or other

commodity so delivered or taken out by him.
CALIFORNIA 113

Gen. Laws, 1915, Deering, Act 1971, p. 801.

Sec. 1 (al880). Logs, standard for measuring.—There shall be but one standard for the measurement of logs throughout this State.

Sec. 2. Logs, scale for measuring.—The following table, known as Spaulding's table for the measurement of logs, is hereby made the

standard and table for the measurement of logs throughout this

State, * *

Gen. Laws, 1915, Deering, Act 2453, p. 1205.

Sec. 1 (1913). Net container act.—Tliis act shall be known as the

net container act. Sec. 2. Purpose of act.—This act is designed to protect purchasers

of any commodity within its provisions against deception as to the

quantity or amount of the coinmodity purchased, and as against the

seller shall be strictly construed with a view to effect its object.

Sec. 3, as amended by Stats, and Amendments, 1919, ch. 104, p. 145. Application of act.—The provisions of this act shall apply to foodstuffs and stuffs intended to be used or prepared for use as food or medicine for human beings and shall apply to any commodity when

sold, offered or exposed for sale in containers.

Sec. 4. Net quantity plainly marked.—Whenever any of the commodities within the provisions of this act are sold, or offered or ex- posed for sale, in containers, the net quantitj'^ of the contents of

the container shall be plainly and conspicuously marked, branded,

or otherwise indicated on the outside or top thereof or on a label or tag attached thereto.

Sec. 5, as amended by Stats, and Amendments, 1919, ch. 104, p. 145. Designation of quantity.—The designation of the quantity of the

commodity required by section four of this act shall be in terms of

weight, measure or numerical count, subject however to the following

provisions

{a) The quantity of the contents so marked shall be the net amoimt

of food or stuff or other commodity in the package or container.

(&) If the designation is by weight it shall be in terms of avoirdupois pounds and ounces; if the designation is in liquid measure

it shall be in terms of the United States gallon of two hundred

thirty-one cubic inches and its customary subdivisions, i. e., in

gallons, quarts, pintSj or fluid ounces: Provided, That, by like

method, sucli designations may be in terms of the metric system of

weight or measure.

(c) The quantity of solids shall be designated in terms of weight,

and of fluids in terms of measure, except in case of an article in

respect to which there exists a definite trade custom; in such case the designation shall be in terms of weight, or measure, or numerical

count, in accordance with such custom.

(d) The quantity of the contents shall be designated in terms of

weight or measure, unless the container be marked by numerical

count and such numerical count gives acurate information as to the

quantity of the food or other commodity in the package. When

designation is by numerical count it shall be in English words or Arabic numerals.

2 The table has been omitted on accoiint of its great length.
114 LAWS CONCERNING WEIGHTS AND MEASURES

(e) The quantity of the contents may be stated in terms of minimum weight, minimum measure or minimum count, but in such cases the destination must approximate the actual quantity and there

shall be no tolerance below the stated minimum.

(/) The quantity of viscous or semisolid foods, or of a mixture

of solids and liquids, may be stated in terms of weight and measure. When products are packed in brine or other preserving fluids, the

weight or measure of such brine or fluids shall not be included in

the weight or measure of the edible or commodity indicated on the

container.

Sec. 6, as amended by Stats, and Amendments, 1915, ch. 639, p. 1263.

Wherein not applicable.—The provisions of this act shall not apply

(a) To any sale of a commodity within the provisions of this act when such sale is made from bulk and the quantity is weighed,

measured or counted for the immediate purpose of such sale. (&) To a sale of any container of an ornamental or symbolic character with which a quantity of some commodity is sold as merely

incidental.

(c) To a sale of a commodity in any container of a net weight of

two ounces or less, or of a commodity in any container of a measure

of two fluid ounces or less, or of a commodity in any container of a numerical count of six or less. (d) To the sale of medicine, when prescribed by a licensed physician, veterinarian, or dentist; or to medicinal or pharmaceutical

preparations or mixtures of two or more medicinal substances.

Sec. 7. Discrepancy due to unavoidable shrinkage, etc.—It shall not

be held to be a violation of the provisions of this act when a com- modity in a container is sold, or offered or exposed for sale, and there

is a discrepancy between the actual quantity of the commodity in

said container and the net quantity of the contents thereof indicated on the container as herein prescribed, provided such discrepancy is due to unavoidable leakage, shrinkage, evaporation, waste, or causes beyond the control of the seller acting in good faith.

Sec. 8. Discrepancy in commodity received by seller.—It shall not be

held to be a violation of the provisions of this act when a commodity

in a container is sold, or offered or exposed for sale, and there is a dis- crepancy between the actual quantitj^ of the commodity in said container and the net quantity of the contents thereof indicated on the

container as herein prescribed : Provided, That the sellfir purchased

said commodity in said container, in good faith relying upon the

said indication of the net contents thereof, and sold said commodity

in said container without altering the contents thereof or the indication of the contents thereof : And provided further, That the exemption of this section shall not apply to any sale unless the container

had the name of a packer, manufacturer, wholesaler, or jobber

thereon at the time the seller purchased it. Sec. 9. " Person."—The term " person " used in this act shaU include

every person, firm, company, copartnership, society, association and

corporation.

Sec. 10, as amended by Stats, and Amendments, 1919, ch. 104, p. 145. Container defined.—^The term container used in this act is hereby

defined to be any receptacle or carton into which a commodity is packed, or any wrappings with which any commodity is wrapped or put for sale, or to be offered or exposed for sale. No containers,
CALIFORNIA 115

boxes, or baskets wherein food products or other commodities are packed shall have a false bottom, or be so constructed as to facilitate

the perpetration of deception or fraud.

Sec. 11. Penalty.—Every person, who by himself or his agent, ser- vant or employee violates or causes or permits to be violated any of

the provisions of this act shall be guilty of a misdemeanor and upon

conviction shall be punished by a fine of not less than twenty-five

dollars nor more than five hundred dollars, or shall be imprisoned in

the county jail for a term not exceeding six months, or by both such

fijie and imprisonment.

Sec. 12 as amended by Stats, and Amendments, 1915, ch. 639, p. 1263.

Kepealed; containers complying with U. S. requirements; enforcement.

All acts and parts of acts inconsistent with or in conflict with any

of the provisions of this act are hereby repealed.

(a) It shall not be held to be a violation of the provisions of this act to sell or offer for sale any commodity contained in a container

which complies with the provisions and requirements of any act of

Congress or the opinions and regulations as issued by the Secretary

of Agriculture and appertaining to net weight or measure.

(&) The enforcement of the provisions of this act shall be under

the supervision of the State superintendent of weights and measures.

Stats, and Amendments, 1925, ch. 425, p. 924.

Sec. 4. Granding standards and regulations for eggs.—It shall be the

duty of the State board of health to establish forthwith, and from

time to time, specific grades or standards of quality and size or weight

to govern the sale of eggs for human consumption, as permitted by

this act, and to make rules and regulations for carrying out all its provision; Provided, however, That such grades or standards or

quality shall not permit the sale of any eggs of poorer quality than

permitted by the grading standards established from time to time by

the United States Department of Agriculture, bureau of agTicultural

economics. All rules, regulations and standards of quality and

weight, and supplementary changes therein as provided by this sec- tion, shall be filed in the office of the State board of health and shall

be in effect 60 days after such filing.

Sec. 5. Uotice of grade and size.—It shall be unlawful for any person

to sell, or offer to sell or expose for sale to a consumer, any eggs

other than those of his own production intended for human consumption without notifying by suitable sign or label the person or persons

purchasing or intending to purchase the same of the exact grade or

quality and the size or weight of such eggs, according to the standards prescribed by the State board of health.

Sec. 6. Seller's invoice.—Every person, in selling eggs to a retailer, shall furnish to said retailer an invoice showing the exact grade or

quality and the size or weight of such eggs according to the standards prescribed by the State board of health. A copy of such invoice

shall be kept on file by the person selling and by the retailer at their

respective places of business for a period of thirty days, and shall be

available for inspection at all reasonable times by accredited inspectors or representatives of the State board of health.

Sec. 7. Effect of guaranty.—No retailer shall be prosecuted under

the provisions of this act when he can establish a guaranty from the

person from whom any eggs are purchased, to the effect that said
116 LAWS CONCEENIKG WEIGHTS AND MEASTJEES

eggs at the time of such purchase conformed to the grade or quality

and the size or weight as stated in the invoice : Provided^ Said eggs

had been labeled by the retailer for resale in accordance with the

purchase invoice : And provided^ further^ That said guaranty shall not exempt from prosecution any retailer who may have kept the

eggs, covered by said guaranty for such time after their purchase or under such conditions as to cause said eggs to deteriorate into a lower

grade or standard.

Sec. 8. Penalties.—Every person who violates any of the provisions of this act shall be guilty of a misdemeanor and upon conviction for the first offense shall be punished by a fine of not less than ten dollars nor more than one hundred dollars; for the second

offense a fine of not less than fifty dollars nor more than two hundred dollars; for the third and subsequent offense by a fine of not

less than one hundred dollars nor more than three hundred dollars or by imprisonment in the county jail for not less than thirty days

nor more than ninety daj^s. All fines collected for violation of this act shall be paid to the county treasurer of the proper county, who

shall remit the same to the State treasurer of the State of California

and said moneys shall be placed to the credit of the general fund

for enforcement of this act, the same to become immediately available, and to be paid out upon the presentment of vouchers issued by

the secretary of the State board of health.

Sec. 9. Effect of act.—This act and each section and subsection

thereof shall take precedence over all acts and parts of acts at vari- ance or conflicting herewith in the matter of quality standards,

grading, classification and labeling of eggs intended for human

food.

Stats, and Amendments, 1919, ch. 355, p. 750.

Sec. 1. "Baler" and "presser" defined.—The term "baler" or

" presser " as referred to in this act shall mean the person, firm,

association, or corporation owning or having possession of or operating a hay press.

Sec. 2. Scales to be tested and sealed.—Any person baling hay for

compensation shall employ scales that have been tested and sealed

by the sealer of weights and measures and any record of weight

forming the basis in settlement for baling hay shall be the true net weight of the baled haj^; and any record of weight forming the

basis of settlement in the sale or purchase of baled hay shall be

the true net weight of such baled hay.

Sec. 3. Falsely increasing weigiit.—No baler or presser of hay shall

put or conceal in any such bale of hay anything whatever for the

purpose of increasing the weight of such bale with intent to defraud.

Sec. 4. Standard weight.—Hay when sold, offered, or exposed for

sale shall be sold by avoirdupois weight and a ton shall consist of

two thousand pounds net weight: Providing, however, That hay

may be sold biy the bale in which case the net weight of the bale

shall be indicated on a tag securely fastened to the bale.

Sec. 5. Broken bales.—When any hay is shipped by a common carrier in bales and where such bales become broken, the approximate

weight of such broken bales shall be included in the total weight

of the hay shipped.
CALIFORNIA 117

Sec. 6. Penalty.—Any person, firm or corporation, violating any

of the provisions of this act shall be guilty of a misdemeanor and

shall be punished by a fine of not less than fifty dollars or more

than one hundred dollars.

Stats, and Amendments, 1925, ch. 350, p. 625.

Sec. 1. Title of act.—This act shall be known, and for any and all ]Durposes may be designated and referred to, as " the California

fruit and vegetable standardization act of 1925."

Sec. 2. Standards for fruits, nuts, and vegetal)les established.—To

promote the development of the California fresh fruit,_ nut and

vegetable industry and to prevent deception in the packing, shipping or sale of fruits, nuts and vegetables for State or interstate

shipment, there are hereby created and established certain standards and standard packages for walnuts, avocados, apricots, berries,

cantaloupes, cherries, grapes, melons, oranges, peaches, pears, plums,

prunes, quinces, head lettuce, onions, potatoes, sweet potatoes, and

tomatoes.

Sec. 4. Enforcement of act; additional grades and rules; additional

standard packages ; change of rules, etc.—The director of agriculture is hereby empoAvered, through his duly authorized agents, and the

county horticultural commissioners of each county of the State,

their deputies and inspectors, to enforce all the provisions of this

act. The director of agriculture shall have supervision and control over all enforcing officers of this act in the State of California. The

refusal of any officer to carry out the orders and directions of the

director of agriculture in the enforcement of this act shall be deemed

neglect of duty. The director of agriculture is also empowered to establish and enforce such additional grades and grading rules as may be deemed necessary on fruits, nuts, and vegetables, which shall not conflict with any provided for in this act, after a thorough investigation has been made of the needs of the particular fruit or vegetable for which grades are contemplated. Such grades or grading

rules must, before they become effective, be approved in one or more

public meetings attended by representative growers and shippers of

the locality interested in the industry affected. Such meetings shall be

advertised at least once in a newspaper published in that locality one week or more prior to the meetings; said meetings shall be pre- sided over by the director of agriculture, or any of his duly authorized agents, and shall, in so far as possil^le and practicable, be con- ducted at such place or places that can be conveniently reached by

representatives of the affected industry. In like manner the director

of agriculture may provide for standard packages other than those

provided for in section seven of this act. Grades and grading rules

established in accordance with the provisions of this section shall not be modified during the current shipping season of the fruits or vegetables for which such grades were established excepting as hereinafter provided, nor shall standard packages be changed without

two years notice to the industry involved. On receipt of a written

appeal signed by at least twenty-five representative growers and

shippers of the commodity for which grades, grading rules or standard packages have been established imder the provisions of this section, protesting against the grades, grading rules or standard pack-
118 LAWS CONCEKNING WEIGHTS AND MEASURES

ages so established, the director of agriculture shall call a hearing

within ten days after the receipt of such an appeal. Due notice

shall be given by the director of agriculture to all interested parties

of the date and place of such hearing and the grades, grading rules or standard packages established shall be sustained, modified, or revoked in the discretion of the director of agriculture on the basis

of the evidence presented. If such grades, grading rules or standard

packages are not changed or modified by the director of agriculture

in accordance with the provisions of this section they shall continue

to be in full force and effect. Grades, grading rules and standard

packages established under the provisions of this section shall be promulgated by the director of agriculture, published in one or more

newspapers and farm journals of general circulation in the State of

California. * * *

Sec. 6. Definitions.—When used in this act the words herein mentioned shall be defined as follows : " Packages " shall mean any box,

crate, lug, basket, barrel, drum, sack, or other container used for

packing, shipping or selling fruits, nuts or vegetables. " Pack,

packing or packed," shall mean the regular compact arrangement of

all or part of the fruit or vegetables in any container or subcontainer

used for the purpose of sale or transportation for sale. " Deceptive

pack " shall mean any package of fruits, nuts or vegetables, which

has m the outer layer or the exposed surface fruits, nuts or vegetables which are so superior in quality, size or condition to those in

the interior of the package, or the unexposed portion, as to materially misrepresent the entire contents. * * * Container " shall mean any box, crate, or other package utilized in handling nuts or

fresh fruit or vegetai)les. " Subcontainer " shall mean any basket or other receptacle used within a container. * * *

Sec. 7. Standard packages; apricot, plum and grape basket; berry bas- kets; other standard containers; lettuce crates; cantaloupe crates.

Standard packages are ?iereby established as follows

(1) Standard apricot, plum and grape basket, approximately

eight inches square on top, six and one-half inches on bottom, and

four inches deep, inside measurements.

(2) Standard berry baskets, dry pint containing an interior capacity of approximately thirty-three and six-tenths cubic inches and

dry one-half pint containing interior capacity of approximately

sixteen and eight-tenths cubic inches: Provided, That the standard

basket for strawberries shall be the dry pint.

(3)

(4)

(5)

(6)

(7)

Standard cherry box

Special cherry lug

Standard cherry lug 12-basket cherry crate Special cherry lug

Peach size cherry lug

Standard peach box

Standard peach box or half pear box

Standard peach box

Standard pear box

Special fruit lug

Depth

inside

in inches 2H

34J^

344M

m

4

Width

inside in inches

Length

outside

in inches

9m9133^

IIH

113^ 11^

113^

19H

19M im

19}4 im

19H

19M im

173^
OAIZFOENIA 119

Depth

inside

in inches

Width

inside in inches

(8) Special fruit lug (No. 3) With heavy cleat of an inch by H of an

inch.

(9) Special fruit lug (No. 2) With heavy cleat ^ of an inch by |J of an

inch.

(10) California lug box (No. 1) Special sawdust pack grape lug

Depth inside in inches not less than nor more than 7^.

(11) Standard crates Do

Do

(12) Standard grape drum

Containing 2,642 cubic inches.

(13) Standard grape keg _ Containing 2,642 cubic inches minimum.

4M

5M

4M

4M

14

13M

13M

IBM

13M

16

16

16

(14) Standard lettuce crates, depth, inside in inches, thirteen;

width, inside in inches, eighteen; length, inside in inches, not less than twenty-one and three-fourths; length outside in inches not more than twenty-four and one-half.

Inside length of lettuce crates shall be considered between end

slats, excepting that if flat end posts wider than one and one-half

inches are used, the inside length shall be considered between the

posts.

(15) Standard cantaloupe crates, twelve inches by twelve inches

by twenty-two and one-half inches, to be packed with thirty-six or forty-five cantaloupes; four inches by twelve inches by twentytwo and one-half inches, to be packed with nine, twelve or fifteen

cantaloupes ; eleven inches by eleven inches by twenty-two and one- half inches, to be packed with forty-five or fiftj^-four cantaloupes;

thirteen inches by thirteen inches by twenty-two and one-half inches,

to be packed with thirty-six or forty-five cantaloupes ; four and one- half by thirteen and one-half by twenty-two and one-half inches,

containing nine, twelve or fifteen cantaloupes. All cantaloupe packs

other than those provided in this section shall be conspicuously

marked in letters not less than one-half inches in height " irregular

pack."

Sec. 8. Labels on containers; walnut sacks; subcontainers ; net weight;

" face and fill."—All containers of fruit of a kind specified in this act, except subcontainers, when packed, and of walnuts when sacked for

shipment or sale, shall bear upon them in plain sight and in plain

letters on the outside thereof the following: Name of the orchard

or place where the same was produced, with the post-office address

thereof or the name and post-office address of the person, firm,

company or corporation, or organization who shall have first packed

or authorized the packing of same, or the name imder which such

packer shall be engaged in business, together with the post-office

address of such packer; name of variety, if known, and when not

known the words " unknown variety ; net weight, excepting oranges,

and the approximate number of fruits in the container or subcon-
120 lAWS CONCERNING WEIGHTS AND MEASURES

tainer, which number shall be within four of the true count: Provided^ That in lieu of the approximate number of fruits, the numerical description of pack may be used, excepting that no designation

relative to number or count shall be required in the case of walnuts,

grapes, cherries, or berries : And provided further^ That no container

or subcontainer shall have less than the minimum stamped thereon.

When two or more varieties are packed or placed in a container,

they shall be labeled " Mixed varieties." In addition to the other

marks required, all packages of walnuts when sacked for shipment

or sale, shall be plainlj'- and conspicuously marked in letters not

less than one and one-half inches in height, in the English language,

with the name of the State or of the foreign coimtry where the nuts were produced.

All containers of packed vegetables of a kind specified in this act, when packed or offered for sale, shall bear upon them in plain sight

and in plain letters on the outside thereof the following: Name of

place where the same was produced, with the post-office address

thereof, or the name and post-office address of the person, firm, com- pany or corporation, or organization who shall have first packed or authorized the packing of same, or the name under which such

packer shall be engaged in business, together with the post-office

address of such packer; and in the case of tomatoes the net weight.

All crates of lettuce, in addition to the markings required above,

shall be conspicuously stamped or stenciled, on the outside thereof,

in figures not less than one-half inch in height, with the exact number

of heads contained therein, provided that, in the case of crates marked " irregular pack," the contents may vary not more than three

lieads from the coimt as marked.

Standard or other containers when used as subcontainers are ex- •empt from the provisions regarding marking, when the container in

which they are placed is marked in compliance with the terms of this

section. No containers or subcontainers of fruits, nuts, or vegetables

shall bear grade or other designations that are in any way false or misleading. Nothing in this act shall be construed to conflict with

any California or Federal regulations regarding net weight markings on containers or subcontainers.

Containers in which the fruit in the top layer only is placed in

regular compact arrangement, excepting cherries, berries, and grapes,

shall be labeled " Face and fill " in lieu of the approximate number

of fruits.

Sec. 9. Fresh fruits and vegetables to be sold in standard containers.

All fresh fruits and vegetables of the kinds specified in this act, except such as shall be used in the manufacture of by-products, when

prepared or offered for sale or sold, shall be packed or placed in

standard containers, which are hereby established, and shall conform

to all provisions of this act: Provid.ed, That, with the exception of

berries, other sized containers may be used if conspicuously marked

in letters not less than one-half inch high " Irregular container "

Provided, further, That in the case of avocados, oranges, onions, potatoes, and SAveet potatoes, for which standard packages are not established in this act, the packages used shall not be required to Idc marked " Irregular container."

Sec. 11. Inspectors.—Tlie horticultural commissioner of each county,

his deputy and inspectors, shall be, by virtue of their office.
CALIFORNIA 121

inspectors of fruits, nuts, and vegetables under this act in their

respective counties.

Sec. 12. Powers and duties of enforcing officers.—All enforcing

officers under the provisions of this act shall have power to enter and to inspect every place within the county for which they have

been appointed where any fruits, nuts or vegetables are produced,

stored, packed, shipped, delivered for shipment, offered for sale or

sold, and to inspect such places and all such fruits, nuts and vegetables and the containers thereof and equipment found in any such

places, or when being transported. It shall be the duty of all enforcing officers mentioned in this act, to carry out the provisions of this

act in their respective districts, and to cause the prosecution of any

person, firm, corporation or organization, whom they know or have

reason to believe to be guilty of the violation of any of its provisions.

Any enforcing officer in the performance of his duties shall have the same powers possessed by peace officers of the city, county, or State,

and shall have the right while exercising such police powers to seize

and hold as evidence part or all of any pack, load, consignment or shipment of fresh fruits, nuts or vegetables packed, shipped, delivered for shipment, offered for sale or sold in violation of this act, as may in his judgment be necessary to secure the conviction of the

party he knows or believes has violated or is violating any of the

provisions of this act. He may start proceedings in any court of the

county, or city and county, within his jurisdiction to secure the conviction of the party or parties who have violated any of the provisions of this act. It shall be the duty of the district attorney of

said county, or city and county, in which any violation of this act may occur, to prosecute the person, firm, company, organization or corporation accused of such violation and also, at the request of the

director of agriculture or his duly authorized agents, to institute and

prosecute such action as may be authorized under the provisions

of this act. Sec. 14. Penalties.—It shall be unlawful for any person, firm, company, organization or corporation to pack or cause to be packed for

sale or shipment, import, sell, offer for sale, or deliver for shipment

any of the fresh fruits, nuts or vegetables specified in this act that do

not conform to the standards herein provided. It shall also be

unlawful to prepare, sell or offer for sale, a deceptive pack of fresh

fruits, fresh vegetables, nuts, dried fruits or dried vegetables, or to mislabel any package of such fruits, nuts or vegetables. Any person, firm, coTopanj, corporation or organization who shall violate

any of the provisions of this act shall be deemed to be guilty of a misdemeanor.

Sec. 15. Eules by director of ae:riciiltiire.—The director of agricul- ture is empowered to define, promulgate and enforce such rules and

regulations as may be deemed necessary to carry out the provisions

of this act. and to prescribe the limits of tolerance within which

deviations from the standard dimensions set forth in section seven

shall be permitted.

Stats, and Amendments, 1925, ch. 58, p. 131.

Sec. 2. Standard grades; standard container; iiTegular container.

The following standard grades and standard box are hereby estab-
122 LAWS CONCERNING WEIGHTS AND MEASUBES

lished for apples, packed, shipped, delivered for shipment, offered

for sale or sold, in the State of California.

^ >f ^ it' Hf Hfi (d) The standard container shall be a box of the following dimensions, inside measurements, when measured without distention of

parts : Depth of end ten and one-half inches ; width of end eleven and

one-half inches ; length of box eighteen inches, and having a cubical content of as nearly as possible two thousand one hundred seventythree and one-half cubic inches.

(e) All packed apples, when shipped, offered for sale or sold, shall be placed in the standard box herein described : Provided, however, That other size containers may be used (except where the

words " Extra fancy " are used as the grade designation) if con- spicuously marked in letters not less than one-half inch high " Irregular container."

Sec. 3. Statement on container.—Every packed container of apples

shipped, delivered for shipment, offered for sale or sold, in the State

of California, shall bear upon the outside thereof, and on the end, in

plain words or figures and in the English language, the following:

* * * ; the number of apples contained in the package, or the

minimum net weight of the apples contained therein, or the cubical contents of the package; * * * the name and business address

of the person, firm, company, organization or corporation, who first packed or caused the same to be packed, and if repacked, the name

and business address of the person, firm, company, organization or corporation who repacked the same or caused same to be repacked;

the date when such apples were first packed, or if repacked, the date

of repacking, and on each container of apples which have been held

in cold storage for more than thirty days after being packed a state- ment showing the fact that the contents have been held in cold

storage: Provided, Jioxoever, That a variation of five apples, more or

less, than the number stated, shall be allowed.

Stats, and Amendments, 1925, ch. 421, p. 907.

Sec. 1. Short title.—This act shall be known and for any and all purposes may be designated and referred to as the " California canned

fruit standardization act."

Sec. 2. Purpose of act.—To promote the development of the California fruit industry and to prevent deception in the packing, sliipping and sale of canned fruit, there are hereby created and established

certain standards of quality and size and requirements for marking

of the varieties of canned fruits hereinafter referred to. Sec. 3. Standard sizes of cans.—For the purposes of this act the fol- lowing are hereby declared and established as the standard sizes of cans for canned fruits of the varieties mentioned in this act, packed,

shipped, delivered for shipment, offered for sale or sold in the State

of California, to wit

(a) Picnic, which is hereby defined as a cylindrical can two and

eleven-sixteenth inches in diameter and four inches in altitude

;

(&) Jy'o. 1 flat, which is hereby defined as a cylindrical can four

inches in diameter and two and three-eighth inches in altitude;

(c) No. 1 tall, which is hereby defined as a cylindrical can three

inches in diameter and four [and] twenty-one thirty-second inches in

altitude

;
CAUPOKNIA 123

(d) No. 2 tall, which is hereby defined as a cylindrical can three

and three-eighth inches in diameter and four and fifteen thirtysecond inches in altitude

(e) No. 21/2 tall, which is hereby defined as a cylindrical can four

inches in diameter and four and eleven-sixteenth inches in altitude

(/) No. 10 tall, which is hereby defined as a cylindrical can six

and one-eighth inches in diameter and six and fifteen-sixteenth

inches in altitude

Stats, and Amendments, 19'23, ch. 254, p. 509.

Sec. 4. Unlawful sale, etc., of condensed or evaporated skim milk.—It shall be unlawful for any person, firm or corporation, by himself,

his servant or agent, or as the servant or agent of another, to sell or exchange or expose for sale or exchange, or have in possession with

intent to sell or exchange, any condensed or evaporated skim milk in

containers containing less than ten pounds avoirdupois. All hermetically sealed containers containing condensed or evaporated skim

milk must bear the name and address of the manufacturer, distinctly

branded, indented, labeled or printed thereon, together with the

words " Condensed skim miUv " in roman letters of a size at least as large as any other words or letters appearing on said brand, indentation or label.

Stats, and Amendments, 1919, eh. 327, p. 551.

Sec. 3. Label for parcels.—Every lot or parcel of commercial feeding

stuffs sold, offered or exposed for sale or distributed within this

State shall have affixed thereto a tag or label, in a conspicuous place on the outside thereof, containing legible and plainly printed state- ment in the English language, clearly and truly certifying

(a) The net weight of the contents of the package, lot or parcel;

(5) The name, brand or trade-mark;

(c) The name and principal address of the manufacturer or per- son responsible for placing the commodity on the market. * * * Gen. Laws, 1915, Deering Act 473, p. 139.

Sec. 4 (1911). Liquid gallon measure for milk.—No person, firm or corporation sliall hereafter sell, offer for sale, or receive for the purpose of sale, any milk, skim milk or cream, except such sale, offer, or

receipt, shall, as to quantity, be based upon the liquid gallon, con- taining two hundred and thirty-one cubic inches, or the liquid quart

containing fifty-seven and seventy-five one hundredths cubic inches, or the proper and complete liquid subdivision thereof: Provided,

That nothing in this act shall be construed as prohibiting the buying

or selling of milk or cream either by weight or on the basis of its butter fat contents : And provided, further, That in any hotel, res- taurant, or other eating place, where milk is sold with meals, or where it is sold to be drunk immediately, it may be sold by the o-lass. Sec. 5 (al915). Butter must be sold in terms of pounds.—* * * It

shall be unlawful for any person, firm or corporation to sell, offer for sale, or to cause or permit to be sold or offered for sale, any butter in prints or packages or otherwise other than by or in terms of

pounds and ounces, avoirdupois, or for a greater weight than the true

net weight thereof.
124 lAWS CONCEENING WEIGHTS A2^D MEASURES

Stats, and Amendments, 1921, ch. 608, p. 1043.

Sec. 3. Mattresses must be labeled.—No person or corporation, by

himself, or his agents, servants, or employees, shall directly or in- directly, at wholesale or retail, or otherwise, sell, offer for sale,

deliver, or consign, or have in his possession with intent to sell, deliver or consign, any mattress that shall not be plainly and indelibly stamped or printed thereon, or upon a muslin or linen tag, not

smaller than three inches square, securely sewed to the covering

thereof a statement, in the English language, setting forth the kind

or kinds of materials used in filling the said mattress, and whether

the materials are in whole or in part, new or old, or second-hand,

or shoddy, and the name and address of the manufacturer or vendor

thereof, or both ; also the quantity of such materials used, expressed

in terms of avoidupois weight ; also size of same, expressed in linear

measure, clearly indicating the length and breadth thereof, except

that tags attached to comforters need state only the iDercentage of

new material and (or) shoddy material, and that no sizes need be

marked on same.

Sec. 11. Form of label.—The statement required under section three

of this act shall be the following form

MATERIALS USED IN FILLING

Percentage of kinds of materials Gross weight of materials, including cover pounds

Vendor

Address

This article is made in compliance with the act of the State of California,

approved the day of

Sec. 13. Unit for separate offense.—The unit for a separate and dis- tinct offense in violation of this act shall be each and every mattress made, remade, renovated, sold, offered for sale, delivered, consigned,

or possessed with intent to sell, deliver or consign, contrary to the

provisions hereof. No provisions of this act shall apply to merchandise manufactured for use and sale outside of the State of California,

excepting section two, relating to the sterilization of second-hand

or shoddy materials.

Sec. 15. Enforcement.—The enforcement of the provisions of this act shall be under the supervision of the State superintendent of

weights and measures.
COLORADO

Comp. laws, 1921, ch. 71, p. 1166.

Sec. 4109 (1891). Standard.—That the weights and measures ac- cepted and used by the Government of the United States at the

present time, except as hereinafter provided, shall be deemed the

lawful standard of weights and measures of the people of this

State.

Sec. 4110. Ton.—The ton shall be twenty hundred pormds weight,

avoirdupois.

Sec. 4111. "Weig'Iit per busliel; busliel for charcoal; perch of stone;

perch, of brickwork; size of brick; inch, of water, irrigation measure; inch

of water.—Sixty pounds of wheat, fifty-six pounds of rye, fifty-six

pounds of Indian corn, seventy pounds of corn in the ear, forty-eight

pounds of barley, thirt3'-two poimds of oats, sixty pounds of potatoes, sixty poimds of beans, sixty pounds of clover seed, forty-five

pounds of timothy seed, forty-four pounds of hemp seed, fifty-two

pounds of buckwheat, fourteen pounds of blue grass seed, fifty

pounds of corn meal, fifty-seven pounds of onions, eighty pounds of

salt, eighty pounds of lime, eighty pounds of mineral coal, respectively, shall be the standard weight of a bushel of each of the foregoing articles ; and twenty-five hundred cubic inches of charcoal shall

be the standard measure of a bushel ; and a perch of stone in mason work shall be considered sixteen and one-half cubic feet; and for

brick work measure, when laid up in wall, shall be counted twentytwo brick per cubic foot for foot wall, and fifteen brick for what is known as eight-inch wall ; a coromon brick to be eight and one-half

inches in length, four and one-quarter inches in width, and two and

three-eights inches in thickness ; and water sold by the inch by any

individual or corporation shall be measured as follows, to wit : Every

inch shall be considered equal to an inch square orifice under a five- inch pressure, and a five-inch pressure shall be from the top of the

orifice of the box put into the banks of the ditch, to the surface of

water ; said boxes, or any slot or aperture through which such water

may be measured, shall in all cases be six inches perpendicular, inside

measurement, except boxes delivering less than twelve inches, which

may be square, with or without slides; all slides for the same shall move horizontally and not otherwise ; and said box put into the banks

of ditch shall have a descending grade from the water in ditch of

not less than one-eighth of an inch to the foot.

Sec. 4112. Treasurer to procure standard.—It shall be the duty of the

treasurer of this State to procure as soon as possible from the

proper department of the Federal Government, all necessary

weights and measures for the iise of the State, and as soon as he

shall receive them, to give public notice through two or more newspapers, for thirty days, to each and evei'y board of county commissioners in the State, to obtain copies or duplicates of said weights

and measures.

125
126 LAWS CONCEENING WEIGHTS AND MEASUBES

Sec. 4113. Dealers to compare with standard.—That all vendors and

traders in goods, wares and merchandise, gold dust and other arti- cles of traffic shall, within ninety days after the reception of the

standards by said commissioners, have their balances, weights and

measures compared with said standards of their respective counties,

and approved and marked by the county inspector, and if the same

are found to be correct, to be sealed with the name or the initial letters of the county inscribed thereon, or condemned by him if found incorrect.

Sec. 4114. Appointment of inspector.—That on the first regular meeting of the board of county commissioners in each county in this

State, after the passage of this chapter, and thereafter annually, on

the first regular monthly meeting of every year, said county commissioners shall appoint a fit and proper person, who shall be

styled inspector of weights and measures, and shall give bond to the county for the faithful performance of the duties of his office, as said commissioners maiy direct.

Sec. 4115. Fees of inspector.—That each county board shall make

out a list of fees to be charged by said inspector, and which fees

when charged shall be recoverable in any court, as any other debt

or account is recovered.

Sec. 4116. Inspector's tools.—That it shall be the duty of each county

board, as aforesaid, to furnish to each inspector all the necessary

tools, marks and brands which he may require, to be paid for out

of the county funds.

Sec. 4117. Wrongful selling, penalty.—All persons, for the purpose

of weighing or measuring goods, wares, merchandise, water or other articles of traffic, actually sold by him, not in accordance with

this chapter, shall be deemed guilty of a misdemeanor, and upon

conviction thereof may be imprisoned not exceeding one year, or

fined not exceeding one thousand dollars, at the discretion of the court in which the conviction shall be obtained.

Sec, 4118. Inspector's duty.—Whenever it shall come to the knowledge of the inspector that any person within his coimty has violated

any of the provisions of this chapter, it shall be his duty to enter a complaint against him before some magistrate having jurisdiction of

the offense thereof, to the end that the offender may be punished

and fined according to this law.

Sec. 4119. Tines paid into county treasury.—All fines imposed and

collected for violation of the provisions of this chapter shall be

paid into the county treasury for the use of the people of the county

in which the offense was committed.

Sec. 4120 (1893). Retailer of coal or coke to furnish certificate.—All

persons retailing coal or coke in cities of the first or second class, and

incorporated towns, whether existing under special charter or otherwise, shall furnish the consignee or purchaser of coal or coke to the amount of one-quarter (^) of a ton or more, a certificate of

weight signed by the owner or agent of official city or town scales.

Sec. 4121. What certificate shall state.—The certificate as aforesaid

shall plainly state the net weight of the wagon or cart on which the

coal or coke is loaded, the net weight of the coal or coke on the

said wagon or cart, the total weight of the coal or coke and wagon

or cart, the license number and name of the driver delivering the
COLORADO 127

coal or coke, the name of the dealer, the name of the weightmaster,

and the street number of the location of the scales where the certifi- cate may be issued.

Sec. 4122. Penalty, short weight, false certificate.—Any dealer or

driver of any wagon or cart delivering coal or coke without the offi- cial certificate of the owner or agent of an official city or town scales

shall, on conviction, be fined not less than twenty (20) dollars and

not over one hundred (100) dollars, together with the costs of suit,

for each and every offense. Any driver of a wagon or cart, who

may be found delivering coal or coke of a less weight than the certifi- cate calls for, shall, on conviction, be fined not less than thirty (30)

dollars or confined one (1) month in the county jail, or both, at the

discretion of the court, together with the costs of the suit, for each

and every offense. Any owner or agent of any official city or town

scales who may be found giving a false certificate of the weight of

any coal or coke to be delivered, shall, on conviction, be fined not

less than fifty (50) dollars and not more than one hundred (100)

dollars, together with costs of suit, for each and every offense.

Sec. 4123. Justice direct district attorney to prosecute.—It shall be the

duty of the justice of the peace, to whom a complaint is made, of

any violation of this act, to direct the district attorney in his district, to institute and prosecute any and all suits for any violation of

this act.

Sec. 4124. Fines paid into county treasury.—All suits and prosecutions for a violation of any provisions of this act shall be in the

name of the people of the State of Colorado, and all moneys arising

therefrom shall be paid into the county treasury, by the justice of

the peace, or other officer collecting the same in the county whera

the suit is brought.

Sec. 4125 (1915). Standard container for small frtiits and berries; sale of other unlawful; when container must be marked " Short measure."

That on and after the first day of Xovember, 1915, A. D., it shall be

unlawful for any person, firm or corxDoration to sell or offer for sale baskets or other open containers for small fruits or berries, filled or

unfilled, within the State of Colorado, which shall contain when even

full less than one dry quart or sixty-seven and two-tenths (67.2)

cubic inches, one pint which shall contain when even full less than

thirty-three and six-tenths (33.6) cubic inches, one-half pint which

shall contain when even full less than sixteen and eight-tenths (16.8)

cubic inches, or multiples of the dry quart : Provided^ That nothing

herein contained shall prevent the sale of baskets or other open containers for small fruits or berries, filled or unfilled, of smaller than

the above sizes if the basket or container is stamped with letters at

least three-fourths (%) of ar inch in height, "Short measure" on

both ends or both sides, and also stating the cubical contents of such

basket or other open container.

Sec. 4126. Unlawful sale of container a misdemeanor.—That any person, firm or corporation who shall violate any provision of this act

shall be guilty of a misdemeanor, and for each offense upon conviction thereof, be fined not to exceed one hundred (100) dollars, or sentenced to the county jail for not more than twelve (12) months,

either or both, in the discretion of the court. 517—26 9
128 LAWS CONCERNING WEIGHTS AND MEASURES

Sec. 4127. District attorney prosecute violations.—That it shall be the

duty of each district attorney within the State of Colorado to whom

any sealer of weights and measures, or other officer in the State, shall

present satisfactory evidence of any violation of this act, to cause appropriate proceedings to be commenced and prosecuted in a court of competent jurisdiction, for the enforcement of the penalties herein

provided.

Comp. Laws, 1921, ch. 153, p. 1724.

Sec. 6939 (1903). False weights, penalty.—If any person shall knowingly have, keep or use any false or fraudulent scales or weights

for weighing gold or gold dust or any other article or commodity,

every such person so offending shall, on conviction, be fined not

execeeding five hundred dollars, or imprisoned in the county jail

not exceeding six months.

Sec. 6940. False weights at mill, penalty.—If any person shall knowinglj'^ sell by false weights or measures, or shall knowingly use false measures at any mill, in taking toll for grinding corn, wheat, rye

or other grain, he shall be deemed a common cheat, and on conviction shall be fined not less than two hundred dollars and be

imprisoned in the county jail not exceeding three months.

Comp. Laws, 1921, ch. 53, p. 1017.

Sec. 3354°. False weights or scales.—Any person, association or cor- poration, or the agent of any person, association or corporation

engaged in the business of milling, sampling, concentrating, reducing, shipping or purchasing ores, as aforesaid, who shall keep or use any false or fraudulent scales or weights for weighing ore, or who shaU keep or use any false or fraudulent assay scales or weights for ascertaining the assay value of ore, knowing them to be false, every person so offending shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in a sum

not exceeding one thousand (1,000) dollars, nor less than one hundred (100) dollars, or imprisonment not more than one year, or

both, at the discretion of the court. Comp. Laws, 1921, ch. 32, p. 461.

Sec. 1185 (1905). Ton of coal in solid.—Any person, association,

copartnership or corporation leasing and operating coal lands under the provisions of this act shall pay to the deputy register of

the State board of land commissioners a minimum price of not

less than fifteen (15) cents for each and every ton of coal mined

from said land * * *. The term ton, as herein used, means

twenty-seven (27) cubic feet of coal, measured in solid, and shall be ascertained by the measurements of the space from which the

coal is mined, deducting therefrom all spaces occupied by slate or

other impurities. * *

*

Comp. Laws, 1921, ch. 35, p. 577.

Sec. 1813 (1889). Water by cubic foot.—The State engineer shall use

in all his calculations, measurements, records and reports, the cubic

foot per second as the unit of measurement of flowing water, and

the cubic foot as the unit of measurement of volume.
COLOEADO 129

Comp. laws, 1921, ch. 173, p. 2287.

Sec. 8987 (al908). Powers of city council and iDoard of trustees; meats—poultry—provisions; bread; public scales; coal and hay to be

weighed, when; inspections—weights, measures; enforce proper measures and weights; auctioneers—scales—^lumber yards, etc.—^The city council and board of trustees in towns shall have the following

powers: * * * Twenty-first. To regulate the sale of meats, poultry, fish, butter,

cheese, lard, vegetables and all other provisions, and to provide for

place and manner of selling the same. Twenty-second. To regulate the sale of bread in the city or town,

prescribe the weight and quality of the bread in the loaf.

' Twenty-fourth. To provide for and regulate public scales and

to require the vendors of coal, hay, and like articles of merchandise,

when requested so to do by the purchaser of such articles, [to]

weigh the same upon the public scales before delivering the same

to their customer or vendees.

Twenty-fifth. To provide for the inspection and sealing of

weights and measures. Twenty-sixth. To enforce the keeping and use of proper weights

and measures by vendors.

Sixty-first. To tax, license and regulate * * * public scales,

^ ^ ^

Sec. 9005°. Cities, first class, 15,000; second, 10,000; towns, 2,000 or

less.—Every municipal corporation having a population of fifteen

thousand and upwards sliall be a city of the first class ; every municipal corporation having a population exceeding two thousand, and

less than fifteen thousand, shall be a city of the second class; and

every municipal corporation having a population of two thousand

or less shall be deemed an incorporated town.

Sec. 9026 (al893). Additional powers of cities of the fijst class.—That

the city council in cities of the first class shall have the following

additional powers, to wit ; * *

* Fifth. To provide for the inspection, weighing and measuring

of lumber and other building material and for the measuring of

all kinds of mechanical work.

Ninth. To provide for and to regulate public sales and to require

the vendors of coal, hay, and like articles of merchandise, when

requested so to do by the purchasers of such articles, to weigh the same upon such public scales before delivering the same to their

customers or vendees.

Comp. Laws, 1921, ch. 55, p. 1082,

Sec. 3628 (1915). Inspection and sealing of measuring devices; unlawful to tamper with seal ; incorrect device prima facie evidence.—No person, firm or corporation, or agent or emploj^ee of any persoD, firm

or corporation, shall use any mechanical device for the measure- ment of oil or gasoline, unless tlae same has been sealed as correct and the sealing approved by the State oil inspector or his deputies

in writing. Any person, firm or corporation, or agent or employee

of any person, firm or corporation, who shall change or in any Avay

tamper with the said seal shall be subject to the penalties herein-
130 LAWS CONCERNING WEIGHTS AND MEASURES

after provided. The having in one's possession an incorrect measuring device shall be deemed to be prima facie evidence of a violation of the laws.

Sec. 3629. Unlawful to mislabel paints, etc.—^Whoever shall expose

for sale, or sell within this State, any paint, varnish, filler or stain

which is labelled or marked in any manner so as to tend to deceive

the purchaser as to its nature or composition, or which is not acculately labelled, shall be guilty of a misdemeanor and shall be subject

to the fines and penalties as hereinafter provided.

Sec. 3630. What label on paints shall state.—The label required by

this act shall clearly and distinctly state the name and residence of

the manufacturer of the point, varnish, filler or stain, or the dis- tributor thereof, or of the partj^ for whom the same is manufactured,

said label to clearlj^ state in addition to the before-mentioned matter,

the quantity contained in the package; this in the case of liquid or mixed paints, varnishes, fillers, or stains to be designated in United

States standard gallons or fractions thereof. In case of paste or semipaste paints, such as are commonly sold by weight, to be shown

by weight avoirdupois. Said label shall be printed in the English

language in plain, legible type.

Comp. Laws, 1921, oh. 30, p. 436.

Sec. 1002 (1907). Misbranded defined—article deemed misbranded.

* * * For the purposes of this act an article shall also be deemed

to be misbranded ; * *

* In case of food ; * * * Third. If in package form and the contents are stated in terms of

weight or measure, they are not plainly and correctly stated on the

outside of the package. * *

* Comp. Laws, 1921, ch. 50, p. 963.

Sec. 3082 (1913). Bricks, prints, rolls—size; wrapped and sealed; stamped; manner of fixing seals; original packages; retailer's package

branded; brands must be plainly visible at time sale; color of ink for uiand; violations; fines.—No such substance [oleomargarine] shall

hereafter be sold, offered for sale, or exposed for sale unless it be put

up by manufacturers in bricks, prints, or rolls or one-half of one pound, one, two, or three or five pounds, and in no other larger or smaller sub-divisions. Such bricks, prints or rolls shall be wrapped

and sealed and upon such seal shall be plainly printed the name and

address of the manufacturer of said oleomargarine, and the said

package shall be plainly and conspicuously labeled with the word

" Oleomargarine " in Gothic or equally conspicuous letters at least three-eighths of an inch high. Said seals shall be so affixed to the

one-half of one pound, one, two, three and five pound bricks, prints or rolls as to seal the wrappers thereof so that such wrappers or

cover may not be opened without destroying the seal affixed thereto.

Said bricks, prints or rolls may be packed by the manufacturer thereof in wooden or other packages or containers, each containing not

less than ten pounds. All sales made by manufacturers of oleomargarine and wholesale dealers in oleomargarine shall be in the original

manufacturer's packages, as described above, in quantities of ten pounds or more at one time. Retail dealers in oleomargarine shall

sell only from the manufacturer's original packages and in the manu-
COLORADO 131

facturer's sealed, subdivided packages, to-wit, one-half of one pound,

one, two, three or five pound bricks, prints or rolls, and in quantities

of ten pounds, or less, at one time.

Each retailer's wooden or paper package must have the name and

address of the dealer printed or branded thereon, likewise the words

" Pound " and " Oleomargarine," in letters not less than one-quarter

of an inch square, and the quantity written, printed, or branded

thereon in figures of the same size (one-quarter of an inch square),

substantially as follows

12

3 POUNDS

OLEOMARGARINE.

1. Here give dealer's name. 2. Here give street number. 3. Here

give name of city or town.

The words Oleomargarine " and " Pound," which are required

to be printed or branded on retailers' wooden or paper packages, in

letters not less than one-quarter of an inch square, and the quantity

which is required to be written, printed, or branded thereon in fig- ures of like size, must so be placed as to be plainly visible to the purchaser at the time of delivery to him. Illegible or concealed marks

and brands are not those contemplated and required by the law and

regulations. It will not be deemed a compliance with this regulation if the word " Oleomargarine " and the other required words and

figures shall be illegibly branded or printed, or so placed as to be concealed from view, by being on the inside of the package, or hy folding in the stamped portion of the paper sheet used for wrapping or

otherwise. The required words and figures must be placed, and no

other word or business card should be placed in such juxtaposition

thereto as to divert attention from the fact that the contents of the

package are wholly oleomargarine.

The color of the ink in which the words are printed must be in the

strongest contrast to the color of the package. Every person, com- pany or corporation, or any agent of an}^ company or corporation,

who violates any provision of this act or who sells or ofters for pale, or delivers, or offers to deliver any oleomargine in any other form

of package than as above described, or who packs in any package any

oleomargarine in any manner contrary to law, or who falsely brands

any package, or affixes a stamp or brand on any package, denoting

that it contains other than oleomargarine, shall be fined for the first offense not more than five hundred ($500) dollars and shall be imprisoned for not more than thirt}^ (30) days in the county jail, and

for a second, or other offense, shall be fined not more than one thousand ($1,000) dollars and imprisonment in the county jail for one month to twelve months, in the discretion of the court. Comp. Laws, 1921, ch. 50, p. 963.

Sec. 3076, as amended by Laws, 1923, H. B. No. 328. False reading of

test unlawful; glassware; inaccurate glassware; composite sample; McKay sampler; reading temperatures; license.—It shall be unlawful for
132 LAAVS CONCEENING WEIGHTS AKD MEASUBES

any person, or persons engaged in buying, selling, testing or handling, or engaged in determining the value of milk, cream or other dairy products by the use of the Babcock test, to give by himself or his agent any false reading of the test or to manipulate the

test in any way so as to give a higher or lower per cent, of butterfat than the milk, cream, or other dairy products actually contain, or to cause any inaccuracy in reading the per cent of butterfat by secur- ing from any quantity of milk, cream or other dairy products to be

tested, an inaccurate sample for the test. It shall be unlawful for

any persons to use any test tube, bottle, pipette, or instrument in con- nection with such test, which is not perfectly clean; and for the

purpose of this act, any such unclean glassware is declared to be

inaccurate.

In the use of the Babcock test, the standard milk measure or

pipettes shall have a capacitj'^ of 17.6 cubic centimeters, and the

standard test tubes or bottles for milk shall have a graduated

capacity of two cubic centimeters for each 10 per cent marked on the

necks thereof; cream shall be tested by weight and the standard

unit for testing shall be 9 grams or 18 grams, and it shall be unlawful to use any other standards of milk or cream measure in creameries

or cheese factories or any other place where milk or cream is purchased

by or furnished to a receiver and the value of said milk or cream

is determined by the per cent of butterfat contained in the same.

It shall be unlawful for any manufacturer, merchant, dealer or agen to offer for sale or to sell a milk pipette or measure, test tube, or bottle which is inaccurate or not correctly marked or graduated

as herein described.

In sampling cream or milk from which composite tests are to be

made, to determine the per cent of butterfat contained therein, no

such sample or sampling shall be lawful unless a sample be taken

from each weighing and the quantity thus used shall be proportioned to the total weight of the cream or milk sampled.

It is hereby required in making tests of milk or cream for the

purpose of determining the value of such milk or cream when

bought, or sold, that the milk shall be poured once from one vessel to another, and that cream shall be poured from one vessel to another at least tliree times before sampling, unless the said milk or cream is thoroughly stirred and sampled by the " McKay " sampler,

or some other recognized sampler that will secure a representative

sample.

All tests shall be maintained in a water bath for five minutes at a temperature between 120 degrees and 130 degrees F. until read.

*( Except when glymol or other light reading oil is used for cream

tests, the tests shall be held at a teroperature between 135 degrees and

140 degrees F. in a water bath for five minutes until read.) All oils used in reading tests shall be approved by the State dairy

commissioner.

It shall be unlawful after the passage of this act, for any person

to sample or test milk, cream, or other dairy products for the purpose of determining the value of such products when bought and

sold or to instruct another person for such purpose without first having a license granted by the State dairy commissioner and such

license shall be conspicuously displayed in his place of business,

Tlais license shall be granted to those who shall have completed a
COLOEADO 133

course in milk and cream testing in any recognized college or dairy

school, or to those who shall pass a satisfactory examination under

the direction of the State dairy commissioner; and beginning July

1, 1923, payment of a 3'early fee of three dollars ($3.00) shall be

required and the license shall be issued for the period of one year

dating July first next preceding actual date of issue, subject to cancellation by the State dairy commissioner at any time that he

shall find that the j^erson holding said permit is incompetent

or guilty of violating any of the provisions of this Act. All testers licenses in force June 30, 1923, shall become null and void upon

that date. * *

* Comp. Laws, 1921, eh. 46, p. 917.

Sec. 2942 (1913). Standards for electricity, gas, and water; enter and

examine; test meters.—(a) The commission [the public utilities commission] shall have power, after hearing had upon its own motion

or upon complaint, to ascertain and fix just and reasonable standards, classifications, regulations, practices, measurements or service

to be furnished, imposed, observed and followed by all electrical, gas, and water public utilities; to ascertain and fix ade(iviate and

serviceable standards for the measurement of quantity, (juality, pressure, initial voltage or other condition pertaining to the supply

of the product, commodity or service furnished or rendered by any

such public utility; to prescribe reasonable regulations for the ex- amination and testing of such product, commodity or service and

for the measurement thereof; to establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurement and weighing; and to provide for the examination and testing of any and all appliances used

for the measurement or weighing of any product, commodity or

service of any such public utilit3^ (b) The commissioners and their officers and employees shall have

power to enter u[)on any premises occupied by any public utility, for

the purpose of making the examinations and tests and exercising

any of the other powers provided for in this act, and to set up and

use on such premises any apparatus and appliances necessary therefor. The agents and employees of such public utility shall have the

right to be present at the making of such examinations and tests.

(<?) Any consumer or user of any product, commodity or service

of a public utility may have any appliance used in the measurement

thereof tested upon paying the fees fixed by the commission. The

commission shall establish and fix reasonable fees to be paid for test- ing such appliances on the request of the consumer or user, the fee

to be paid by the consumer or user at the time of his request, but to be paid by the public utility and repaid to the consmner or user if the appliance is found defective or incorrect to the disadvantage of

the consiuner or user, under such rules and regulations as may be

prescribed by the commission.

Comp. Laws, 1921, ch. 54, p. 1052.

Sec. 3549 (1913). Scales, inspection; testing weights certified.—It

shall be the duty of every corporation, company or person engaged

in the business of mining and selling by weight, to procure and constantly keep on hand, at the proper place, the necessary scales and
134 LAWS CONCEBNING WEIGHTS AND MEASUEES

whatever else may be necessary to correctly weigh the coal mined and

taken out by the workmen or miners of such corporation, company

or person, and it shall be the duty of the inspector of weights and

measures of each county, in which the coal is mined and sold, to visit each coal mine operated therein, once each year, unless oftener re- quested by the owner or the miners, to test the correctness of the

scales. If in any county there is no inspector of weights and measures, then the deputy inspector of coal mines of the district in which

the mine is located, shall be required to test the correctness of such

scales within a reasonable time after application is made by either

the owner or the miners. All weights necessary for testing and adjusting scales shall be duly certified and shall be provided by the owner.

Sec. 3550. Manner of v/eighing coal ; ton for coal mined.—All the coal

mined shall be weighed in the car or other receptacle in which it is removed from the mine before it is screened, or before it passes

over, or is dumped upon any screen or any other device Avhich may

let, or be capable of letting a portion of the coal drop through such

screen or device, and the miner shall be paid for the mining of such

coal according to the weight so ascertained at such price per ton of

two thousand pounds as may be agreed upon by and between such owner and miner or miners who mine the same, except that where

coal is mined from pitching veins, the miners shall be paid upon a yardage basis, except when otherwise agreed to between owner and

miner.

Sec. 3551. Check vjeighmen.—Hereafter at each coal mine, at the

option of the majority of the miners woi'king therein, there shall be

employed one or more check weighmen, whose wages shall be paid

by the miners therein employed: said check weighman shall run a

coal check and shall deduct a sufficient and equal amount from each

ton of coal weighed to guarantee him the wages agreed upon between

said check weighman and said miners; the check Aveighman shall be

paid by the owner in the same manner and at the same rate per ton

as other employees running coal checks. The duties of such check

weighman slaall be to see that all coal mined in the mine at which

he is employed, is correctly weighed and accredited, and for that

purpose every such aforesaid owner shall give to such check weighman access to all scales and weights used for that purpose and to all books wherein the weights of the coal mined by the miners of said

mines are recorded. The owner shall provide a convenient and suit- able office on the tipple for weighing coal, which said office shall be

kept in a comfortable and sanftiry condition.
CONNECTICUT

Gen. Stats., 1918, Vol. 1, ch. 121, p. 715.

Sec. 2304 (1911). Standard of weights and measures.—The weights

and measures received from the United States under a resohition of

Congress approved June 14, 1836, and such new weights and measures as shall be received from the United States as standard weights

and measures in addition thereto or in renewal thereof, and such as

shall be supplied by the State in conformity therewith and certified by the National Bureau of Standards, shall be the State standards,

by which all county and municipal standards of weights and measures shall be tried, proved, and sealed.

See. 2305 (al913). State police superintendent to be superintendent of weights and measures—Appointment of deputy superintendent.—The

superintendent of State police shall be State superintendent of

weights and measures. There shall be a deputy superintendent of

weights and measures to be appointed by said superintendent to hold

office during the term of said superintendent unless removed by him

or by the commissioners of State police. The deputy superintendent

of weights anci measures is empowered to act as assistant superintendent of State police, with all the powers of the superintendent

when directed so to act by the superintendent or by the commissioners

of State police. Any State policeman shall act as inspector of

weights and measures, with all the powers incident to that office, when directed so to act by the superintendent or deputy superintendent of weights and measures. jSTeither the deputy superintendent nor any State policeman shall receive any salary other than that

incident to his office of deputy or policeman while acting as such

assistant or as such inspector. The State superintendent of weights

and measures and his deputy shall be under the direction of the

commissioners of State police, and all appointments made by said

superintendent shall be subject to the approval of said commissioners.

Sec. 2306 (al917). Duties of superintendent of weights and measures.

The superintendent of weights and measures shall take charge of the

standards adopted under the provisions of this chapter as the standards of the State, and cause them to be kept in a fireproof building

belonging to the State, or in a suitable place in his office, from which

they shall not be removed except for repairs or for certification, and

he shall take all other necessary precautions for their safe-keeping.

He shall maintain the State standards in good order and shall submit them at least once in ten years, to the National Bureau of Standards for certification. He shall, at least once in two years, test by

the State standards all standard weights, measures and other apparatus which belong to any county, city or borough and shall seal such apparatus as is found to be accurate, hj stamping thereon, with

seals kept for that purpose, the letter " C " and the last two figures of

the year of certification. He shall have general supervision of the

135
136 LAWS CONCEKNING WEIGHTS AND MEASURES

weights, measures and weighing and measuring devices sold, offered

for sale or used in the State. He, or his deputy or inspectors by his

direction, shall, at least once in each year, test all scales, weights and

measures used in checking the receipt or disbursement of supplies in

every institution for the maintenance of which moneys are appropriated by the general assembly, and he shall report in writing, his

findings to the supervisorj;- board and to the executive officer of the

institution concerned, and at the request of such board or executive

officer, the superintendent of weights and measures shall appoint in writing, one or more employees, in the service of each institution, who

shall act as special deputies for the purpose of checking the receipt or disbursement of supplies. He f^hall keep a complete record of the

standards, balances and other apparatus belonging to the State, and

take a receipt for the same from his successor in office. The State

superintendent, or his deputy or inspectors at his direction, shall, at

least once in two years, inspect the work of the local sealers throughout the State and shall have power to inspect and ascertain the cor- rectness of all weights, scales, beams, measures, instruments or mechanical devices for measuring, and tools, appliances or accessories

connected with any such instruments or measures kept, offered or ex- posed for sale, sold, used or employed by any proprietor, agent, lessee or employee in proving the size, quantity, extent, area or measure- ment of quantities, things, produce or articles for distribution or con- sumption, offered or submitted by such person or persons for sale,

hire or reward ; and shall, from time to time, weigh or measure packages or amounts of commodities of any kind kept for the purpose of

sale, offered for sale or sold, or in the process of delivery, in order to determine whether the same contain the amounts represented, and

whether they be offered for sale or sold in accordance with law.

Thev may, for such purpose, and in the general performance of their

official duties, enter without warrant, into or upon any stand, place,

building or premises, or stop any vendor, peddler, junk dealer, driver

of any coal wagon, ice wagon or delivery wagon, or any dealer and

require him, if necessary, to proceed to some place which they may

specify, for the purpose of making the proper tests. The State

superintendent or his deputy or inspectors may seal such weighing

or measuring instruments or apparatus as is found to be correct and

may seize and destroy incorrect weights, measures or weighing or measuring instruments. The superintendent shall issue, from time

to time regulations for the guidance of county, city and borough

sealers, and such regulations shall govern the procedure to be fol- lowed by said officers in the discharge of their duties. The State

superintendent of weights and measures shall, forthwith upon his

appointment, give a bond in the penal sum of five thousand dollars

with sureties approved by tlie attorney general, for the faithful per- formance of the duties of his office, and for the safety of the standards intrusted to his care and for the surrender thereof immediately

to his successor in office, or to the person appointed by the governor

to receive the same. The deputy superintendent of weights and

measures shall, forthwith upon his appointment, give a bond in the

penal sum of one thousand dollars, with sureties approved by the

attorney general, for the faithful performance of the duties of his

office and for the safety of any apparatus intrusted to his care.
CONNECTICUT 137

Sec. 2307 (1911). County commissioners and common council of cities to procure complete set of standards.—The county commissioners of

each county and the common council of each city required to appoint

a sealer under the provisions of this chapter shall procure, at the

expense of the county or city, and shall keep, at all times, a complete set of weights and measures and other apparatus, of such materials and construction as said superintendent of weights and

measures may direct. All such weights, measures and other apparatus, having been tried and accurately proven by him, shall be

sealed and certified to by the State superintendent as hereinbefore

provided, and shall then be deposited with and preserved by the

county or city sealer as public standards for such county or city.

Whenever the county commissioners of any county or the common

council of any such city shall neglect, for six months, so to do, the

treasurer of the county, or the city clerk or comptroller of said city, as the case may be, on notification and request by the superintendent

of weights and measures, shall provide such standards and cause the same to be tried, sealed, and deposited, at the expense of the coimty

or eitj.

Sec. 2308 (al915). Appointment, powers and duties of county sealers of weights and measures.—There shall be in each county a county

sealer of weiglits and measures who shall be appointed by the

county commissioners for a term of five years. He shall be paid

such compensation as shall be fixed by the senators and representatives resident in the same county at their biennial meeting, and no

fee shall be charged by him, or by the countj^, for the inspection,

testing, or sealing of weights, measures, or weighing or measuring

devices. Unless otherwise provided by law, the county sealer shall have power, within his county, to inspect, test, try, and ascertain

the correctness of all weights, scales, beams, measures, instruments or mechanical devices for measuring, and tools, appliances, or accessories

connected with any such instrument or measures kept, offered or exposed for sale, sold or used, or employed within the county by any

proprietor, agent, lessee or employee in proving the size, quantity,

extent, area or measurement of quantities, things, produce or articles

for distribution or consumption, offered or submitted by such person

or persons for sale, hire, or reward ; and he shall have power to, and

shall, from time to time, weigh or measure packages or amounts of

commodities of any kind kept for the purpose of sale, offered for sale or sold or in the process of delivery, in order to determine whether

the same contain the amounts represented, and whether they are

offered for sale or sold in a manner in accordance with law. He

shall, at least twice each year, and as much oftener as he may deem

necessary, see that the weights, measures and all apparatus used in

the county, including those under the care of city and town sealers of weights and measures, are correct. He may, for such piu'pose,

and in the general performance of his official duties, enter, without

warrant, into or upon any stand, place, building or premises, or stop

any vendor, peddler, junk dealer, driver of any coal wagon, ice wagon, or delivery wagon, or any dealer and require him, if necessary, to proceed to some place which said sealer may specify, for

the purpose of making the proper tests. The county sealer of

weights and measures shall cause any person violating any of the
138 LAWS CONCEENING WEIGHTS AND MEASTJEES

provisions of this chapter relating to weights and measures to be

prosecuted. Whenever said sealer compares weights, measures or weighing or measuring instruments, and finds that they correspond,

or causes them to correspond, with the standards in his possession,

he shall seal or mark such weights, measures or weighing or measurijig instruments with appropriate devices, to be approved by the

State superintendent of weights and measures. He shall condemn

and seize, and may destro}', incorrect weights, measures or weighing

or measuring instruments which, in his judgment, are not susceptible

of satisfactory repair ; but he shall mark or tag such as are incorrect

and yet may be repaired, as " condemned for repairs " in a manner

prescribed by the State superintendent of weights and measures. The owner or user of any weights, measures or weighing or measuring instruments which are so marked shall have the same repaired

or corrected within ten days, and until so repaired or corrected, such owner or user shall neither use nor dispose of the same in any way,

but shall hold the same at the disposal of the sealer. Any apparatus

which has been so condemned for repairs and has not been repaired

as hereinbefore required shall be confiscated by the sealer. The

county sealer shall keep a complete record of all of his official acts and shall make an annual report to the county commissioners, and

on or before October first in each year shall make a report, duly sworn to, to the State superintendent of weights and measures, on

blanks to be furnished by the superintendent. The countj' sealer of

weights and measures shall, forthwith upon his appointment, give

a bond in the penal sum of one thousand dollars, with sureties to be

approved by the county treasurer, for the faithful performance of the

duties of his office. Nothing in the foregoing provisions shall be

construed to prevent two or more counties from combining the whole

or any part of their respective counties, as may be agreed upon by

the county commissioners, with one set of standards and one sealer,

upon the written consent of the State superintendent of weights and

measures. A county sealer appointed in pursuance of an agreement

for such combination shall, subject to the terms of his appointment,

have the same authority, jurisdiction and duties as if he had been

appointed by each of the authorities who are pai-ties to the agree- ment.

Sec. 2309 (1911). City sealer in cities of not less than 25,000 inhabitants; powers and duties of.—There shall be a city sealer of weights

and measures in each city of not less than twenty-five thousand population, according to the last preceding official State or United States

census, to be appointed by the mayor, subject to the approval of the

common council. He shall, in said city, perform the same duties and

have the same powers as the county sealer in the county. In those

cities in which no sealer is required by this section, the county sealer

of the county shall perform the same duties and have the same powers

as in the county. Nothing in the foregoing provisions shall be so construed as to prevent any county and any of the cities situated

therein from combining the whole or any part of their respective

territories, as may be agreed upon, with one sealer, subject to the

written approval of the State superintendent of weights and measures. A sealer appointed in pursuance of any agreement for such

combination shall, subject to the terms of his appointment, have the
CONNECTICUT 139

same jurisdiction and duties as if he had been appointed by each of

the authorities who are parties to the agreement.

Sec. 2310, as amended by Pub. Acts, 1925, eh. 256, p. 4077. False

weights or measures, use or possession of ; penalty.—Any person who, by

himself or by his servant or agent or as the servant or agent of

another, shall offer or expose for sale, sell or use in the buying or sell- ing of any commodity or thing or for hire or reward or shall re- tain in his possession a false weight or measure or weighing or measuring device or any weight or measure or weighing or measuring

device which shall not have been sealed by the sealer of weights and

measures within one year; or who shall dispose of any condenmed

weight, measure or weighing or measuring device contrary to the

provisions of the general statutes or shall remove any tag placed

thereon by a sealer of weights and measures: or who shall sell or

offer or expose for sale less than the quantity he shall represent; or who shall buy and receive any commodity the weight or measure of

which is determined by weights or measures of the purchaser and

shall give credit or pay for a quantity of such commodity less than

that received by him; or who shall sell or offer or expose for sale any commodity in a manner contrary to the provisions of the general

statutes; or who shall sell or offer for sale of have in his possession

for the purpose of selling any device or instrument to be used to, or

calculated to, falsify any Aveight or measure, shall, upon a first conviction, be fined not less than twenty nor more than two hundred

dollars or imprisoned not more than three months or both. Upon

any subsequent conviction any such person shall be fined not less than

fifty nor more than five hundred dollars or imprisoned in the county

jail not more than one year or both.

Sec. 2311. Authority of superintendent, deputy, and assistants to arrest without' warrant.-—The su|Derintendent of weights and measures, his

deputy and inspectors, and the county and city sealers of weights and

measures shall each have power to arrest, without warrant, any violator of the laws in relation to weights and measures, and to seize,

without warrant, for use as evidence, any false or unsealed weight, measure or weighing or measuring device, or package or amount of

any comonodity, found to be used, retained, offered or exposed for

sale, or sold in violation of law.

Sec. 2312. Penalty for interference with officials.—Any person who

shall hinder or obstruct the superintendent of weights and measures,

his deputy, or any inspector, or any county or city sealer, in the per- formance of his official duties, shall be fined not less than two nor more than two hundred dollars or imprisoned for not more than

ninety days or both.

Sec. 2313. Penalty for impersonating officials.—Any person who shall impersonate the superintendent of weights and measures, his deputy,

or any inspector, or any county or city sealer, by use of his seal or a counterfeit of his seal, or otherwise, shall be fined not less than one hundred nor more than five hundred dollars, or imprisoned for not more than one year or both.

Sec. 2314 (1913). Salaries to be paid by county treasurer.—The salary

of the coimty sealer of weights and measures shall be paid by the

county treasurer on order drawn by the county commissioners.
140 LAWS CONCERNING WEIGHTS AND MEASURES

Pub. Acts, 1925, ch. 55, p. 3834.

Sec. 1. Standards for towns.—The selectmeu of each town shall provide standard weights and measures of various kinds, as may be

recommended and approved by the State superintendent of weights

and measures, and cause them to be tried and compared with the

State standards.

Sec. 2. Appointment of inspector of weights and measures; duties.

The board, of selectmen in any town may appoint an inspector of

weights and measures and fix his salary to be paid by the town. The

inspector of weights and measures in each town shall have the

custody of its weights and measures. He shall annually try, by the

town standards, the weights and measures used in trade in such

town; destroy such as he shall be unable to make correspond with

the standards and stamp such as shall be found or made true, with

the capital initial letter or letters of the name of the town, and the

3'ear of such inspection.

Sec. 3. Repeal.—Sections 2315 and 2316 of the general statutes are

repealed.

Gen. Stats., 1918, Vol. 1, ch. 121, p. 715.

Sec. 2317 (1800). Penalty for using unstamped weights and measures.—Every person who shall, for the purpose of buying or selling, use any weight or measure not legally stamped shall forfeit two

dollars, half to the town in which such olfense shall be committed,

and half to the sealer of weights and measures for said town who

shall prosecute for such offense. Gen. Stats., 1918, Vol. 1, ch. 119, p. 681.

Sec. 2247 (al915). County sealers of weights and measures.—The

county sealers of weights and measures shall receive such compensation as shall be fixed by the senators and representatives of the

county at their biennial meeting, which shall be paid by the county

treasurer on order drawn by the countj^ commissioners.

Pub. Acts, 1923, ch. 183, p. 3607.

Sec. 1. " Bakery " defined.—The word " bakery " is defined, for the

purpose of this act, as follows: A building or part of a building

wherein is carried on as a principal occupation the production of

bread, cakes, pies or other food products made either wholly or in

part of flour.

Sec. 2. Bread to be of standard weight.—Standard loaves of bread

produced in any bakery and procured or kept for the purpose of

sale, offered or exposed for sale, or sold, shall be of the following

standard avoirdupois weights: One pound or one and one-half

pounds or some multiple of one pound. The provisions of this act shall not apply to biscuits, buns, crackers, rolls or loaves weighing

less than one-quarter pound per unit, or to what is commonly Imown

as " stale " bread and sold as such, provided the seller at the time

of sale shall expressly state to the buyer that the bread so sold is stale bread.

Sec. 3. Loaves not of standard weight to be marked with weight, how.

Loaves of bread produced in any bakery which shall not be of any of

the standard weights herein provided for, which shall be procured or
CONNECTICUT 141

kept for the purpose of sale, offered or exposed for sale, or sold, shall

have their weight plainly and conspicuously stated in one of the

following ways : Bread Avrapped in paper or other material prior

to the time of sale to have, on the outside of such wrappers, a plain

statement of the weight of the loaf of bread contained therein;

bread sold or exposed for sale without being wrapped, to have, on

each loaf, either a pan impression plainly setting forth its weight,

or a label attached to the loaf on which its weight shall be plainly

written or printed. The weight marks on such wrappers or labels

shall be printed in plain, heavy, Gothic, capital letters and figures

not less than five thirty-seconds of an inch in height, and shall not

be affixed to the loaf in a manner or with a gum or paste which is unwholesome or unsanitary.

Sec. 4. Tolerance on individual loaves; tolerance on 12 loaves.—No

loaf of bread produced in anj bakery shall, within twelve hours af- ter delivery by the baker, vary more than one ounce per pound from

the standard or marked weight. The weight of twelve loaves of

bread selected at random from any one baking of bread shall not be

less than the total of the standard or marked weight of such loaves.

Sec. 5. Penalty.—Any person who, by himself or by his agent or

servant, shall violate any provision of this act shall, upon the first conviction, be fined not more than two hundred dollars, and upon a subsequent conviction not more than five hundred dollars or imprisoned not more than six months or both.

Sec. 6. Repeal.—Chapter 261 of the public acts of 1921 is repealed.

Gen. Stats., 1918, Vol 1, ch. 128, p. 749.

Sec. 2457 (1909). Weight to be marked on print butter.—No person

shall, by himself, his servant or agent, sell or offer or expose for sale, or have in his possession with intent to sell any print butter unless the

package or wrapper containing the same shall have conspicuously

printed thereon, in letters or figures not less than one-half inch in

height, in plain Gothic type, the net weight of the butter contained

therein. Every person who shall violate any provision of this sec- tion shall be punished by a fine not exceeding twenty-five dollars.

Sec. 2474 (al911). Milk and cream to be sold by wine measure.—All

sales of milk or cream shall be made by wine measure.

Gen. Stats., 1918, Vol. 2, ch. 237, p. 1333.

Sec. 4782 (al895). Pound, ton, etc.; barrel; liquid gallon.—The avoirdupois pound shall bear to the troy pound the relation of seven thousand to five thousand seven hundred and sixty. The hundred weight

shall contain one hundred avoirdupois pounds; and the ton, twenty

hundred weight. The barrel shall contain thirty-one and one-half

gallons; and the hogshead, two barrels. The liquid gallon ^ [shall

contain] two hundred and thirty-one cubic inches.

Sec. 4783. Bushel measurement; heap measure; charcoal; barrel of

flour—of potatoes.—The bushel in struck measure shall contain

twenty-one hundred and fifty and forty-two hundredths cubic inches

and in heap measure twenty-five hundred and sixty-four cubic inches,

1 The words " The dry gallon shall contain two hundred and eighty-two cubic inches " have been omitted, since this apparently conflicts with sec. 2304 of the general statutes, which provides that " The weights and measures received from the United States * * * shall be the State standards," as the National Government has never recognized nor

authorized the dry gallon mentioned above.
142 LAWS CONCEKNING WEIGHTS AND MEASUBES

except that every bushel of charcoal shall contain twenty-seven hundred and forty-eight cubic inches. When sold by weight the bushel

of charcoal shall weigh twenty pounds when commercially dry; the

barrel of flour, one hundred and ninety-six pounds; and the barrel^

of potatoes, one hundred and seventy-two pounds.

Sec. 4784, as amended by Pub. Acts, 1923, oh. 185, p. 3809.—The bushel

of the following conmiodities shall weigh'

Pounds Apples 48

Apples, dried 25 Barley 48 Beans, dried 60 Beans, Lima (in pods) 34 Beans, string 24 Beets (table size) 50 Beet greens 12 Bran or shorts 20 Buckwheat 48

Carrots 50 Clover seed 60

Coal, hard 80

Corn, Indian 56 Corn meal 50 Cottonseed, sea island 44

Cottonseed, upland 30 Cranberries 32 Cucumbers 48 Dandelions 12 Flaxseed 55 Grass seed, timothy, or herds

iri'ass 45 Hickory nuts 50 Horseradish 50

Kale, comiuei cially dry 12

Pounds Lime 70 Man^ehvurzel 60 Oats 32 Onions 52 Parsely 8 Parsnips 45 Peaches 52 Peaches, dried 33 Pears 52

Peas, dried 60 Peas (in pod) 28 Peppers 24 Plums 48 Potatoes 60

Potatoes, sweet 54 Quinces 48

Rice, rough 45 Rye 56 Rye meal 50

Salt, tine 70

Salt, coarse 70

Spinach, commercially dry 12 Tomatoes 53

Turnip.?, English 50 Turnips, rutabaga 60

V\'heat 60 Any person who. himself or by his servant or agent, or as the

seiwant or agent of another, shall sell or oifer for sale any of the

above-mentioned commodities at a less weight per bushel than

therein specified shall be fined or imprisoned or both as provided in

section 2310 of the general statutes.

Sec. 4785 (1917). Weight of sand and gravel.—A cubic yard of sand

shall contain twenty-six hundred pounds, and a cubic yard of gravel

twenty-eight hundred pounds.

Sec. 4789 (1911). Coal to be sold by weight; ticket to be delivered witli

coal, stating weight; penalty.—All coal sold, except in accordance with

a written agreement with the purchaser otherwise, or offered for sale,

in this State, shall be sold or offered for sale by weight. No person,

firm or coi^poration shall deliver any coal unless such delivery is accompanied by a delivery ticket and a duplicate thereof, on which

shall be distinctly expressed, in ink or other indelible sulDstance, in

I^ounds, the weight of the coal contained in such vehicle or receptacle, together with the name of the seller and the name of the purchaser of such coal. One of such tickets shall be surrendered, upon

demand, to the sealer of weights and measures, for his inspection,

and such ticket or, when the sealer desires to retain the original

ticket, a weight slip issued by the seller, shall be delivered to the

- See footnote, p. 20, r>elative to the Federal star.da.rd barrel.

' A slight change has been made in tlie arrangement for convenience of reft rcnce.
CONNECTICUT 143

purchaser, or his agent or representative, at the time of the delivery

of such coal, and the other ticket shall be retained by the seller. If the purchaser or his agent, takes such coal from the place of

purchase, a delivery ticket, showing the actual number of pounds

delivered, shall be given to the purchaser or his agent, at the time

of delivery. Any person who shall violate any provision of this

section shaU be fined not more than two hundred dollars or imprisoned not more than six months, or both.

Gen. Stats., 1918, Vol. 2, ch. 238, p. 1336.

Sec. 4794 (1911). Sale of food in package form; weight; marking.

Every person who shall sell or offer for sale food in package form,

unless the net quantity of the contents be plainly and conspicuously

marked on the outside of the package in terms of weight, measure

or numerical count, shall be subject to the penalties provided in

section 2446: Provided^ Reasonable variations shall be permitted,

and allowances shall be established by rules and regulations made

from time to time by the dairy and food commissioner and the

director of the Connecticut Agricultural Experiment Station. The

definitions of the terms " food " and " person " as given in sections

2437 and 2448 respectively, shall apply to the provisions of this

section : Provided^ The term " food " as used herein, shall not in- clude confectionery and shelled nuts when offered for sale in packages at a price not exceeding ten cents each.

Pub. Acts, 1921, ch. 142, p. 3137.

Sec. 1. Clinical standard thermometer established.—A clinical standard thermometer supplied by the State and certified by the National Bureau of Standards for use by the State, shall be the State

clinical standard thermometer.

Sec. 2. Additional standard thermometers may be supplied.—In addition to the State clinical standard thermometer, there shall be supplied by the State such additional clinical standard thermometers

as may be necessary to carry out the provisions of this act, to be

known as official clinical standards. Such thermometers shall be

verified by the director of the bureau of laboratories of the State

department of health upon their initial receipt and at least once in

each six months thereafter, by direct comparison with the State

clinical standard thermometer. The official clinical standard thermometers may be used in making all comparisons of clinical thermometers under test. Sec. 3. Correct clinical thermometer defined.—The commissioner of

health shall promulgate tolerances and specifications for clinical

thermometers. A correct clinical thermometer shall be one which

conforms to the standard thereby established and to the specifications promulgated under the provisions of this act, within the

tolerances established as aforesaid.

Sec. 4. Correct thermometers to be sealed by the State department of health.—Whenever the State department of health inspects and tests a clinical thermometer which is offered for sale and finds it to be correct it shall seal or mark it or otherwise certify it as correct. Whenever it inspects and tests such a clinical thermometer and finds it to be incorrect it may condemn, seize and destroy it; or it may

517—26 10
144 LAWS CONCERNING WEIGHTS AND MEASURES

return it to the owner upon a satisfactory guarantee that it will not

be sold or used within the State.

Sec. 5. Thermometers submitted to and approved by the State department of health to be marked.—When a representative sample of a

clinical thermometer has been submitted by the manufacturer

thereof to the State department of health and is approved, it shaU

assign a designating mark or number which shall thereafter be

permanently affixed by the manufacturer to all clinical thermometers of that particular kind made by him. Such clinical thermometers as are sealed by the manufacturer shall be marked with

the name, initials or trade-mark of the manufacturer, and by such

other marks as the department may require. The commissioner of

health shall have power to revoke the authority given by him to any manufacturer under the provisions of this section upon proof

that the authorized seal or designating mark has been affixed to a thermometer which does not conform to the sample approved by

him.

Sec. 6. Penalty.—Any person, who, by himself or by his servant or

agent, or as the servant or agent of another person, shall keep for

the purpose of sale, offer or expose for sale, or sell any clinical thermometer which has not been sealed, marked or certified as correct by the State department of health or by the manufacturer as aforesaid shall be fined not more than fifty dollars. Gen. Stats., 1918, Vol. 2, ch. 191, p. 1057.

Sec. 3630 (1911). Inspection of meters.—Upon petition of any person,

and the payment by such person of a fee of one dollar for each

meter, the commission [public utilities commission] shall cause to be inspected any electric, gas or water meter used in measuring electricity, gas or water supplied to such petitioner. The company

supplying electricity, gas or water through such meter shall reimburse the petitioner for said fee if such meter be found to be more

than two per centum fast, in the case of a gas meter, or four pen

centum fast, in the case of an electric or water meter, and shall not

again use such meter until corrected and approved by the commission. The commission shall cause to be approved every electric, gas

or water meter in which the error does not exceed two per centum

for gas meters or four per centum for electric or water meters, and

shall cause the same to be stamped with some suitable device and

the date of approval.

Gen. Stats., 1918, Vol. 2, ch. 235, p. 1327.

Sec. 4755 (al822). Shad intended for market; weight per barrel and

half barrel ; number of fish per barrel and half barrel.—All pickled shad,

intended for market, shall be split and well-cleansed, pickled in

strong brine, and shall remain in such brine at least fifteen days

before they shall be put up for market, and shall be put in barrels or half barrels, the barrels containing two hundred pounds each and

the half barrels one hundred pounds each of fish well packed, with

a sufficient quantity of salt and filled with strong brine ; shad so put

up shall be of three classes, to wit: Class number one, to consist

wholly of shad well saved, free from rust or any defect, with the

head and tail cut off, and backbone taken out, each barrel to contain not more than eighty shad, and each half barrel not more than
CONNECTICUT 145

forty; class number two, to consist wholly of those well saved,

trimmed, pickled and prepared for packing, in the same manner as

class number one, each barrel to contain not more than ninety shad,

and each half barrel not more than forty-five; class number three,

to consist of such as will not answer for either of the former classes,

well saved, with the heads taken off. Every inspector, who shall inspect and brand the same, shall designate by each brand the

quality, weight and kind of fish contained in each barrel and half

barrel branded by him, the year in figures when it shall have been

inspected, the word " Conn.," his own name and the name of the

town where said fish was put up. Every inspector of fish, who shall inspect or brand any package of shad imported into this State, shall be fined five dollars.

Sec. 4756 (1820). Regulations concerning barrels for fish.—All barrels

and half barrels, containing fish, shall be well made of seasoned

red oak, white oak or chestnut timber ; each tierce shall be made with

twelve hoops; each barrel shall be of the capacity of from twentyeight to thirty gallons, and each half barrel of the capacity of fifteen

gallons and a half.

Sec. 4758 (1822). Fraudulent altering of contents of cask; penalty.

Every person who, after the inspection and branding of a cask con- taining fish shall fraudulently take out or change any part of the

contents thereof or put into it any fish not inspected, shall be fined

twenty dollars. Gen. Stats., 1918, Vol. 2, ch. 236, p. 1329.

Sec. 4764 (al893). Fertilizers, weights to be marked.—Every person

who shall sell, offer or expose for sale, any commercial fertilizer or manure, except stable manure, and the products of local manufacturers of less value than ten dollars a ton, shall affix conspicuously

to every package thereof a plainly printed statement, clearly and

tr'uly certifying the number of net pounds of fertilizer in the package, the name, brand or trade-mark under which the fertilizer is sold, the name and address of the manufacturer, the place of manufacture, and the chemical composition of the fertilizer, expressed

in the terms and manner approved and usually employed by the

Connecticut Agricultural Experiment Station. If any such fertil- izer be sold in bulk, such printed statement shall accompany every

lot and parcel sold, offered, or exposed for sale. Pub. Acts, 1925, ch. 196, p. 3982.

Sec. 2. Commercial feeding stuff, net weight to be marked.—Each lot or parcel of concentrated commercial feeding stuff sold, offered or exposed for sale shall have conspicuously affixed thereto a plainly

printed statement certifying (1) the number of net pounds of feeding stuff contained therein, (2) the name, brand or trade-mark under

which the article is sold, (3) the name and address of the manufacturer or importer, * *

*

Gen. Stats., 1918, Vol. 2, ch. 237, p. 1333.

Sec. 4786 (1869). Cotton thread, quantity of, to be designated.

Every manufacturer of cotton sewing thread, and every person en- gaged in putting up such thread on spools or in packages of one pound

weight or less, intended for sale, shall, before the same is offered for
146 LAWS CONCEKNING WEIGHTS AND MEASUEES

sale, affix to or impress upon, each spool or package, a label or stamp

designating its weight or length in yards. Every such manufacturer,

or person engaged as aforesaid, who shall neglect to affix to or impress upon, each spool or package such a label or stamp, or shall,

with intent to deceive, affix to or impress upon, or suffer to be affixed to or impressed upon, any such spool or package, a label or stamp

specifying that it contains a greater number of yards, or a greater

quantity of thread by five per centum than it does contain, shall

be fined five dollars for each of such spools or packages; and every

trader who shall offer for sale such thread, knowing or having reason

to believe that it is falsely labeled oi stamped as regards length or

quality, shall be subject to the same fine. S53. 4787 (1813). Sale of domestic sewing silk by skein.—^Every per- son who shall sell or offer for sale, by the skein, any sewing silk manufactured in this country, unless each skein shall consist of twenty

threads, each two yards long, shall be fine seven dollars.

Sec. 4788, as amended by Pub. Acts, 1923, cli. 128, p. 3566. Babcock

milk-test bottles not to be used unless stamped by the Connecticut Agricultural Experiraent Station; penalty.—No person or corporation buying milk or cream and making payments therefor based on the

results of the Babcock test shall use any bottle or pipette for the

purpose of determining the relative or proportional amount of butterfat of any milk or cream, unless such bottle or pipette shall have

been tested and stamped as accurate hj the Connecticut Agricultural

Experiment Station at New Haven. Any person violating any provision of this act shall be fined not less than seven nor more than

two hundred dollars or imprisoned not more than six months or both.

The dairy and food commissioner shall be charged with the enforcement of this act. Gen. Stats., 1918, Vol. 1, ch. 22, p. 169.

Sec. 358 (1842). Duties of public weighers.—Every public weigher,

upon paj^ment of his lawful fees, shall accurately weigh any heavy

or bulky article of merchandise brought to him for that purpose, and

sign and give a certificate of its weight to the person bringing the same.

Sec. 359. Scales and fees.—Towns in which public weighers are appointed shall make such regulations relative to the scales and other

apparatus to be used by such weighers as they may deem necessary

for the public protection and convenience, and prescribe the fees,

not exceeding twenty cents for each weighing, to be paid to said

weighers, half by the seller and half by the purchaser, or may dele- gate to the selectmen the powers and duties specified in this section

and the rate of fees so established shall be recorded in the town

records, and shall not be changed during the time for which such

weighers are appointed.

Sec. 360 (al854) . Penalties.—Any public weigher who wilfully neglects to weigh any article legally brought to him for that purpose,

and to give a certificate of the weight thereof according to law,

except in a matter in which he has an interest, or who shall give a

certificate of the weight of any article in which he has an interest and

every person selling any heavy or bulky article of merchandise,

usually sold by weight, who shall, upon the request of any purchaser
CONNECTICUT 147

thereof who shall offer to pay for the weighing of the same, refuse or decline to have the same weighed by a public weigher in the town

where said purchaser resides, shall be fined five dollars.

Sec. 361 (al889). Buties of measurers of wood.—The selectmen of each

town may appoint annually, and oftener if necessary, two or more

of its inhabitants to be measurers of wood offered for sale within

the town, who shall be duly sworn, and receive sucli compensation

for their services as the town may prescribe; and any of them, on

request of the owner of any wood so offered for sale, shall, without

delay, measure it and sign and give him a certificate of its quantity.

Pub. Acts, 1919, oh. 295, p. 2961.

Sec. 1. Standard barrel to be used for apples.—The standard barrel*

for apples shall be of the following dimensions when measured

without distention of its parts: Length of stave twenty-eight and

one-half inches; diameter of head seventeen and one-eighth inches;

distance between heads twenty-six inches; circumference of bulge

sixty-four inches, outside measurement; and the thickness of staves not greater than four-tenths of an inch; provided any barrel of

a different form having a capacity of seven thousand and fiftysix cubic inches shall be a standard barrel. The standard box for

apples shall be of the following dimensions, by inside measure- ment: Eighteen inches by eleven and one-half inches by ten and

one-half inches, without distention of its parts, and shall have a

capacity of not less than two thousand one hundred and seventythree and one-half cubic inches.

Sec. 3. Packages containing apples to be marked.—Every closed package of apples packed or repacked in the State and intended for

sale, either within or without the State, shall have marked in a conspicuous place on the outside of the package in plain letters the following statements in the order named: (1) The name of

the State where grown; (2) the name of the grade as specified in

section two of this act; (3) the minimum size of the apples con- tained therein; (4) a true statement of the quantity of the contents; (5) the name of the variety; (6) the name and address of

the person by whose authority the apples were packed. If the

true name of the variety shall not be known to the person by

whose authority the apples were packed, then such statement shall include the words "Variety unknown." Every closed package of

apples which is repacked shall bear the name and address of the

person by whose authority the apples are repacked in place of that

of the original owner.

Sec. 6. Marking on barrels to be in block letters.—The branding or marking of barrels under the provisions of this act shall be in

block letters and figures of a size not less than one-half inch in

height.

Sec. 8. Adulterated packages, defined.—For the purposes of this act, apples packed in a closed package shall be deemed to be adulterated

if their measure, quality or grade does not conform in every particular to the brand or mark upon or affixed to the package, or if the faced or shown surface gives a false representation of the contents of the package.

* See foatnote, p. 20, relative to the Federal standard barrel.
148 LAWS CONCEBNING WEIGHTS AND MEASURES

Sec. 13. Terms " person " and " closed package," defined.—The word

" person " as used in this act shall include persons, firms, corporations,

societies and associations, and the acts of agents and employees shall be construed to be the acts of their principals and employers as well

as of the agents and employees. The words " closed package " shall mean a barrel, box or other container the contents of which cannot

be sufficiently seen for the purposes of inspection without opening

the container. Gen. Stats., 1918, Vol. 2, ch. 346, p. 1825.

Sec. 6720, as amended by Pub. Acts, 1921, ch. 37, p. 3061. Providing

standard time for State and municipalities.—The standard of time for

the seventh-fifth meridian west of Greenwich shall be the standard

of time for this State, and no department of the State government

and no municipality or subdivision of the State, shall employ any

other time or adopt any ordinance, by-law or order providing for

the use of any other than the standard of time.
DELAWARE

Eev. Code, 1915, ch. 82, p. 1361.

Sec. 2914 (al909). State chemist custodian of weights and measures;

duties of. —The State chemist is made the custodian of the standard

weights and measuivs of the United States, belonging to this State,

together with bahmces for adjusting duplicate standards.

The State chemist is required to keep the same in good order, and

shall, upon demand, try and prove tlie duplicate standards of weights

and measures belonging to the several counties, hy and with the

originals in his custody and shall cause them to be made uniform

and correct.

Sec. 2915. Standard.—The standard weights and measures of the

United States, now deposited in the custody and office of the State

chemist, are the true and legal standards for this State; and the

duplicate thereof, deposited with the several prothonotaries, are true duplicate standards by which all weights and measures, used within

this State, shall be tried and regulated.

Sec. 2916 (1893). County regulators, term and oath; bond.—A regulator of weights and measures for each county shall be appointed by

the govei'nor for the term of four years. The said regulator shall be

sworn, or affirmed, to perform the duties of his office faithfully and

impartially. He shall within thirty days, from his appointment,

give bond to the State, with sufficient surety, to be approved by the

governor, in tlie sum of one thousand dollars, conditioned for the

faithful performance of the duties of his office ; and if such bond be

not filed in the secretary's office within the time aforesaid, his commission shall be void.

See. 2917, as amended by Laws, 1915, ch. 216, p. 635. Duties of regulator of weights and measures in Kent and Sussex Counties; without

charge.—In Kent and Sussex Counties he shall visit, at least once during the year, every incorporated town in his countj^, for the purpose of regulating, by and with the duplicate standards aforesaid,

without charge, any weights and measures, scales, balances, or other

weighing apparatus, that ma^' be in use; and shall stamp the same

plainly with the letter " S," and the initial of his county should the same be correct.

Sec. 2918, as amended by Laws, 1919, ch. 196, p. 522. Further duties of regulator; powers of regulator; to hold as evidence.—He shall, in like

manner, at all other times, regulate such weights and measures, scales, or balances, as may be brought to him, or of which he may have

knowledge. And he shall diligently inquire for all unstamped

weights and measures, scales and balances, which are used within

his county for buying or selling.

Each regulator shall have power, within his respective jui'isdiction, to test all instruments and devices used in weighing or measuring

anything sold or to be sold. Such test shall include all appliances

149
150 LAWS CONCEBNING WEIGHTS AND MEASUEBS

connected or used with such instruments or devices. For the purpose of making such test, each regulator, 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 il- legal 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. After the determination of such

prosecution the false or illegal instrument or device shall be destroyed, unless otherwise ordered by the proper court. Whenever he shall see fit so to do, or whenever he shall be so re- quested the regulator of weights and measures in Kent or Sussex

County shall weigh any quantity of coal or ice on its way to or in

process of delivery and the expense of weighing same shall be paid

to him by the levy court of the county upon presentation of a re- ceipted bill therefor, showing the payment thereof by him.

Sec. 2919, as amended by Laws, 1915, cli. 218, p. 635. Misdemeanor,

when.—If any person in Kent or Sussex Counties, shall buy, sell, or

barter, by any weight or measure, scale, balance, or other weighing

apparatus, that has not been duly regulated and stamped, or if any

person shall make, or use, a false stamp, or brand, for stamping

weights, or measures, he or she shall be fined twenty-five dollars

and pay in addition thereto the costs in the case. One-half of said

fine when recovered shall be paid to the informer.

Sec. 2920, as amended by Laws, 1915, ch. 216, p. 635. Compensation of the regulators.—The regulators shall be paid for their services, annually, six hundred dollars in New Castle County and fees as hereafter provided, six hundred dollars in Kent and Sussex Counties,

said stated salaries to be allowed by the levy court of the respective

counties and paid as other county charges.

Sec. 2921, as amended by Laws, 1915, ch. 216, p. 635. Duties of regulator in New Castle County; powers.—He shall, as often as he may deem

necessary, go to all stores, offices, booths, stalls or other places of

business in his county, where any beams, scales, weights and measures are used for the purpose of buying or selling any goods, chattels or other things, and test and adjust or cause to be tested and adjusted

(if possible) all such beams, scales, weights and measures, and

stamp the same plainly with the letter " S " and the initial of his

county and the current year. He shall also, in like manner, at all other times, test and adjust such beams, scales, weights and measures

as may be brought to him for that purpose. The said regulator

shall have the same powers prescribed in 2918, section 5 of tliis chapter.

Sec. 2922 (1893). Fees for trying and adjusting weights and measures;

fees ; collection of fees.—For which trial and adjustment the said regulator for New Castle County, in addition to the salary already

allowed by law, shall demand and receive from the proprietors or owners of all such weights, and beams, and scales, and measures, the

following fees, to wit: For the trial and balancing of every set of
DELAWAEE 151

scales, eight cents; for every patent balance, fifteen cents; for every

set of coal or hay scales, one dollar each; for every set of platform

scales which draws five hundred poimds or under, fifty cents, and an

additional sum of five cents for everj one hundred pounds not

I'sceeding two thousand pounds, and any platform scale drawing

over two thousand pounds shall be classed as coal or hay scales ; for

every yard measure, two cents; for every bushel measure, ten cents; for every half-bushel measure, seven cents; for every peck and halfpeck measure, five cents ; for every quarter peck measure, three cents

for every gallon, half-gallon, and quart measure, three cents each;

for every pint measure, or less, two cents: for every weight of twentyeight pounds or more, eight cents : for e\ery weight less than twentyeight pounds, two cents, and an additional charge or fee for labor

or materials furnished for adjusting said beams, scales, weights and

measures to be fixed by agreement between the regulator and the owner or user thereof; provided, always, that the said regulator

shall only be entitled to one-half of the above fees for stamping

such beams, scales, weights and measures as he shall find to be

correct after testing the same. The said regulator may collect by

suit, before any justice of the peace, all fees prescribed by this section

from the proprietors or owners of such scales, beams, weights or measures, which he has adjusted.

Sec. 2922a, as enacted ty Laws, 1915, oh. 216, p. 635. Annual fees.

For every fee collected under the provisions of 2922, section 9 of

this chapter, the said regulator shall give a receipt therefor and no

person, copartnership, firm or company shall be required to pay more

than one fee in any one year, provided, however, the provisions of

this section shall in no wa}* be deemed to restrict the nmnber of

visits which the said regulator shall deem necessary to make during

any one year.

Sec. 2923 (al909). Seizure of false measures, etc.—The said regulator

of weights and measures for New Castle Coimty is required to immediately seize and deliver to the attorney general all false beams, scales, weights and measures that he may find within the

county, which he is unable to adjust, together with a written report

giving such information in regard thereto as may be required of

him by the attorney general; and the regulator of weights and

measures shaU be paid one-half of the fee for such services as is provided for in the trial and adjustment 'of beams, scales, weights

and measures by section 9 [sec. 2922] of this chapter ; and all the provisions of this chapter relating to the inspection of beams, scales,

weights and measures in Xew Castle County used for the purpose of

buying or selling shaU also extend to all such beams, scales, weights

and measures as are or may be used in said county for ascertaining

weights and measures for the purpose of charging for freight, ton- nage, transportation, commission and all other charges, when such

charges are regulated by weight or measure.

Sec. 2924. Penalty; disposition of fines.—In case any user or owner

of such beams, scales, weights and measures, within the county

of New Castle, in this State, shall refuse or neglect to comply with

any of the requisitions which the said regulator is by this chapter

authorized or directed to make or shall Imowingly sell or buy any

false beams, scales, weights, or measures ; or shall purposely"^ alter
152 LAWS CONCEBNING WEIGHTS AND MEASTJUES

any beam, scale, weight, or measure, so that the capacity is diminished or increased after the same shall have been adjusted and

stamped; or shall, in buying or selling, knowingly use any beam,

scale, weight, or measure, so altered, or shall purposely alter, any

beam, scale, weight or measure so as to impair the adjustment

thereof after the same shall have been adjusted and stamped; or

shall knowingly have in his possession any beam, scale, weight or measure so altered as aforesaid ; or shall knowingly buy, sell, use, or

barter by any beam, scale, weight or measure, or other weighing

or measuring apparatus that has not been duly adjusted and stamped

as aforesaid; or shall knowingly make, use or have in possession

any false stamp or brand for stamping any beams, scales, weights,

or measui'es, he or they shall be guilty of a misdemeanor and upon

conviction thereof shall, for the first offense, be fined not less than

ten nor more than twenty dollars or imprisoned for a term not ex- ceeding ten days, and, for every subsequent offense, be fined not less than twenty or more than fifty dollars or imprisoned for a term not

exceeding thirty daj^s. One half of all fines recovered for violations

of any of the provisions of section 8 to 13 [sections 2921 to 2926]

inclusive, of this chapter shall be paid by the officer receiving the same to the informer and the other half to the treasurer of New

Castle County.

Sec. 2925 (1883). Weights in public markets; penalty.—All beams,

scales, weights and measures tested, adjusted and stamped under the

provisions of sections 8 to 13 [sections 2921 to 2926] inclusive, of

this chapter, which shall be used in the public markets and market

houses of any city or incorporated town in said county, shall be liable to be tested and adjusted by the regulator of weights and measures

of such city or town, but no fee shall be charged therefor : Provided,

hovever, That if, upon such testing and adjustment, such beams,

scales, weights, or measures shall be found to be false, the person

or ])ersons in whose possession the same shall be found shall, in addition to the fees prescribed by section 9 [section 2922] of this chapter,

pay to the regulator of weights and measures of such city or town

the fees allowed to such regulator for like services under the ordi- nances and regulations of said cit}'^ or town.

Sec. 2926. New Castle County; regulator authorized to administer

oaths.—The said regulator of weights and measures for New Castle

Coimty is authorized and empowered to administer an oath or

affirmation to any or all proprietors or owners of any beams, scales,

weights or measures, named in sections 8 to 12 [sections 2921 to 2925], inclusive, of this chapter, to ascertain whether they are used

for the purpose of buying or selling, as is contemplated by said

sections.

Sec. 2927, as amended by Laws, 1915, oh. 216, p. 635. Milk-can inspection ; fees.—It shall be the duty of the regulator of weights and measures in each county to inspect all bottles or cans used for the shipment of milk or cream, and to stamp or mark each bottle or can so inspected by him, with a stamp of inspection showing that the same

has been inspected and that the capacity is correct, according to the

standard measure for milk and cream in this State at the time of

such inspection. For inspecting each can and stamping, as provided in this section, the said regulator of weights and measures shaH
DELAWAKE 153

be paid by the owner or owners thereof at the time of such inspection,

the sum of ten cents: Provided^ howe'ver^ The provisions of 2922a,

section 9a, of this chapter, shall extend to the inspection provided

by this section.

Sec. 2928 (1883). Regulators generally; keeping duplicate standards

and balances in good order; attending State chemist for regulating

same^—Each regulator of weights and measures shall preserve and

keep' in good order, the duplicate standards belonging to the county,

and the balances furnished him for regulating weights ; and he shall attend, with said duplicate standards, at the office of the State

chemist, when required by him in writing so to do, for the purpose

of having them regulated by the originals.

Sec. 2929 (1909). Standard gallon for milk; penalty.—It shall be

unlawful for any person, firm or corporation to sell or offer for sale, or to demand from any person, firm or corporation offering for sale,

either wholesale or retail, any milk, skim milk or cream according

to any other standard of measurement than that known as the liquid or wine measure containing two hundred and thirty-one cubic inches

to the gallon: Provided, That nothing in this section will prevent

the sale of milk, skim milk or cream by weight or percentage of

bvitterfat.

^ Every person, firm or corporation and every officer, agent, servant

or employee of such person, firm or corporation, who shall violate

any of the provisions of this section, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than

twenty-five or more than one hundred dollars, or shall be imprisoned

for a term of not less than ten or more than thirty days, or both, at the discretion of the court.

Sec. 2930. Standard bushel for charcoal ; standard measures by weight

of charcoal.—The standard measure of charcoal in this State shall be

two thousand seven hundred and forty-eight cubic inches for each

and every bushel thereof, and when sold by weight, a bushel shall be twenty pounds, commercially dry.

Laws, 1921, oh. 190, p. 622.

Sec. 4. Food, misbranding.—* * * That, for the purposes of this

act, an article shall also be deemed to be misbranded ; * *

* In the case of food : * * *

3. If in package form, the quantity of the contents be not plainly

and conspicuously marked on the outside of the package in terms of

weight, measure, or numerical count. Revised Code, 1915, ch. 82, p. 1361,

Sec. 2931°. Mason work; rules for measurement of.—The following

shall be the rules for the measurement of mason work in this State

The units of measurement shall be as follows

1. For excavation, the cubic yard; for concrete foundation, the

cubic yard; for concrete floors, the superficial foot; for dimension

stone footings, the superficial foot; for dimension stone bridge

masonry, the cubic foot; for dimension stone surface dressing, the

superficial foot, extra price; for rubble work, the perch of twentyfour and three-quarters cubic leet ; for rubble work surface dressing,

the superficial foot, extra price ; for brick work, the thousand brick
154 LAWS COISrCEBNING WEIGHTS AND MEASUBES

for plastering plain surfaces, the superficial yard; for plastering

cornices, the running and superficial foot.

2. A perch of stone shall contain, when measured in the wall,

twenty-four and three-quarters cubic feet; when measured in square

piles on the ground, twenty-seven cubic feet; when measured in

boats, thirty cubic feet; when measuied in cars, thirty-one and one- half cubic feet. All stone to be measured in the wall when practicable. Any mason work contracted for, in which the contractor agrees

to furnish both materials and labor at a stated sum per perch, shall be measured and computed according to the following rules governing the measurement of mason work, i. e., mason measure shall be the basis of settlement.

3. Excavation.—All excavation to be measured and computed by

the actual amount of material displaced. No allowance for re- handling. Walls to be measured by the lineal foot in depth.

4. Concrete.—Foundation, measure actual contents. Floor, measure actual surface laid, except that no deduction be made for open

tile drains.

6. Dimension Stone.—Footings to be measured each course separately. No deductions for drain or other openings under walls two

feet, or less, in width. Bridge masonry, compute actual cubic contents. Surface dressing of all kinds extra.

6. Rubble Work:.—Footings to be measured by actual cubic contents. Footings are all such foundation courses not exceeding six- teen inches in height as are wider than the body of wall above.

7. Walls.—Compute actual contents and for each angle or cor- ner of ninety degrees in a vertical wall, add two cubic feet for each

foot in height of the wall, if the wall is battered add two and one- half cubic feet for each foot in height. For each angle of more

or less than ninety degrees in any wall, add two feet in length of

wall.

8. Partition Walls.—Intersections of walls, measure actual contents of the walls and add one cubic foot for each foot in height

for each angle made by the faces of the intersecting walls.

9. Circular Walls.—For round walls, for length of walls, take one and one-fourth times the girt measure.

10. Pilasters and Projections.—All projections, such as chimney breasts, piers connected with walls and pilasters, to be measured actual cubic contents and add thereto one cubic foot for each

intersection of the sides of such projection with the wall, and two

cubic feet for each outer corner for each foot in height. If such projections are battered on the outer face, add two and one-half cubic

feet instead of two cubic feet for each outer corner for each foot in

height.

11. Piers.—Square or polygon piers, to be measured actual cubic

contents; if vertical, two cubic feet to be added for each corner for

each foot in height. If battered, add instead two and one-half

cubic feet for each corner for each foot in height.

12. Round piers, add three feet to the measured diameter of the

pier, and compute the contents, with this sum used as the diameter,

the height to be taken as measured.

13. Stepped piers or piers with vertical off-sets,
DEI/AWABE 155

Stepped piers or piers diminishing from the bottom by off-sets shall be computed by the above rule No. 10. And also add the

sum of the areas of the level surface of the several steps (excepting

the top of the pier) multiply by one foot in height.

Provided, however, That all such parts of independent piers as are six inches or more below the surface of the ground are to be

computed actual contents, and one cubic foot added for each foot

in height or depth,

14. Recesses a^h Slots.—All recesses and slots to be measured

solid, and in addition thereto allow one cubic foot for each foot

in height.

15. Arches.—Stone arches are classed as cut stone work.

16. Openings.—Deduct contents of windows, doors and other

openings, measuring from top of sill to spring of arch, and add

three cubic feet for each jamb for each foot in height of opening.

No deduction to be made for cut stone trimmings and lintels.

17. Jambs.—For any jamb, caused by differences in heights in

parts of the same wall, or in adjacent walls, except in junctions of

partition walls, add two cubic feet for each foot in height.

18. Change in Height or Walls After Having Been Leveled.—

Compute the additional amount of masonry and add thereto one

foot in height of wall,

19. Gables.—Gables to be computed one and one-half times the

actual contents.

20. Beam Filling.—For beam filling, on level walls, add one foot

in height of wall; on gable add one foot in height of wall by the

extreme width of gable at its base.

21. Minimum Height and Thickness of Wall.—No wall to be

computed at less than eighteen inches in thickness, nor one foot in

height.

22. Brickwork.—Compute the actual number of bricks laid. When in the wall and practicable, the number of bricks to be esti- mated by actual count; when not practicable to so count them the

following rule to be taken as a basis for estimating the number, viz

Every superficial foot of one-half brick (four and one-half inches)

wall to be estimated at six and one-half bricks; of one brick (nine

inches) wall at thirteen bricks, etc. Increase the number of bricks

by six and one-half bricks for every additional half brick in thickness

of wall.

23. Measurement of Party Walls.—Party walls to be measured

according to the above rules, and joist holes to be charged at the rate of fifteen cents each,

24. Plastering and Lathing.—To be measured by the superficial

yard from floor to ceiling for walls, and from wall to wall of ceiling. 25. Cornfrs, Beads, Etc.—All corners, angles, beads, quinks, rule

joints and mouldings to be measured by the lineal foot on their

longest extension. Add one foot for each stop or mitre.

26. Cornices.—Length of cornices to be measured on walls. Plain cornices, of two feet girt, or less, to be measured on walls by

the lineal foot. Plain cornices exceeding two feet girt to be meas- ured by the superficial foot. Add one lineal foot by girt for each

stop or mitre. Enriched cornices (cast work) by the lineal foot for

each enrichment.
156 LAWS CONCEENING WEIGHTS AND MEASUBES

27. AncHES, Corbels, etc.—Arches, corbels, brackets, rings, center

pieces, pilasters, capitals, vases, rosettes, basses, pendants, and niches

by the piece.

28. Openings.—Openings in plastering to be measured between

grounds. No deduction to be made for opening of nine feet or less. For openings of more than nine feet square, deduct contents of openings.

Sec. 2932 (1898). Standard loaf of bread; short loaves.—All loaves of

bread manufactured from wheat flour in whole or in part, sold or

offered for sale in this State by the baker or manufacturers thereof

or by any other person whether wholesale or retail shall weigh at

least one pound avoirdupois weight.

If any baker or manufacturer of bread into loaves from wheat

flour in whole or in part, or any other person shall in this State sell or offer to sell to any person any such loaf of said bread that shall

weigh less than one pound avoirdupois weight he, she or they, or

it shall be guilty of a misdemeanor, and upon conviction thereof

shall forfeit and pay to the county wherein such sale or offer to sell

is made, a fine of not less than five dollars, and not more than

twenty-five dollars and upon default of the payment of said fine shall be imprisoned in the county jail not exceeding thirty days.

Sec. 2933, as amended by Laws, 1921, ch. 180, p. 575. Berry cups;

hampers; barrels; peach and summer apple baskets; standards of, use of; measures, how marked; when standards not used; as a misdemeanor,

penalty.—The standard pint basket or cup for fruit and berries in

this State shall contain a full pint. The standard quart basket or eup for fruit and berries in this State shall contain a full quart.

The standard hamper in this State shall hold a full bushel. The

standard barrel for fruit and produce shall hold eleven pecks.^ The

standard peach basket shall hold one-half of a bushel. For the summer apple the standard basket shall hold one bushel. The standard basket for all potatoes, tomatoes, turnips, onions and cabbage

shall hold five-eighths of a bushel.

In measuring all forms of fruit and produce dry measure shall be used.

Every person or corporation in this State handling, shipping or

selling fruit or produce in cups or baskets, hampers, barrels, peach

baskets, summer apple baskets, and all potato, tomato, turnip, onion

and cabbage baskets shall use the standard cup or basket, hamper,

barrel, peach basket, summer apple basket, or potato, tomato, turnip,

onion or cabbage basket, or if he or it shall use a different size from

that herein designated as standard for any of these fruits or produce,

he shall clearly mark upon the outside of such cup or basket, hamper,

barrel, peach basket, summer apple basket or potato, tomato, turnip,

onion or cabbage basket, in figures not less than one inch in height

the exact amount which such cup or basket, hamper, barrel, peach

basket, summer apple basket or potato, tomato, turnip, onion or cabbage basket does hold.

Whoever shall violate the provisions of this section shall be deemed

guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not less than ten dollars for each offense.

^ See footnote, p. 20, relative to Federal standard barrel law.
DEI/AWAKE 157

Sec. 2934, as amended by Laws, 1919, ch. 196, p. 522. Standard ton of coal to contain 2,240 pounds avoirdupois; violation a misdemeanor; fraud

in sale of coal and ice.—The legal standard ton for coal in this State

shall be two thousand two hundred and forty pounds avoirdupois

weight; any coal dealer or other jjerson selling or sending out into

the highways, lanes, or streets of this State, or any city or town of

this State, or otherwise disposing of a load of coal containing less than two thousand two hundred and forty pounds avoirdupois for

a ton, except when delivering fractions of a ton, or if delivering

a fraction of a ton and said fraction of a ton contains less relatively

than the legal standard of two thousand two hundred and forty

pounds avoirdupois, the dealer or other person so acting shall be

deemed guilty of a misdemeanor, and upon conviction thereof shall be compelled to pay a fine of fifty dollars. And every person, firm or corporation delivering or attempting

to deliver in the way of sale in Kent or Sussex County of this State

any quantity of coal or ice purporting to be of a greater net weight

than the same shall actually be at the time of delivery shall be guilty

of a misdemeanor and upon conviction thereof shall be punished

by a fine of one hundred dollars for the first offense, which fine shall

be doubled for any second offense and doubled progressively for each

subsequent offense thereafter, which penalty shall in Kent and

Sussex Counties be in lieu of the penalty prescribed by the foregoing paragraph of this section.

Sec. 2935°. Measure for oysters sold in shell.—The measure for oysters

sold in the shell by the bushel, shall be as provided by section 129

[section 2486] of chapter seventy-four. Rev. Code, 1915, ch. 74, p. 1146.

Sec. 2486 (1899). Measures for oysters sold in shell; violation; misde- meanor; penalty.—All oysters sold in the shell by the bushel measure

in this State, shall be measured in a circular bushel tub with straight

sides and straight solid bottom, and said tub shall have the following

dimensions, viz : Fifteen inches in diameter across the top from in- side to inside, and thirteen inches and three-quarters across the bottom from inside to inside, and twenty inches diagonal from inside

chi'tne to top. Any person or persons engaged in buying or selling

oysters in this State and measuring the same in any measure con- trary to the provisions of this section shall be deemed guiltj^ of a misdemeanor, and upon conviction thereof, shall be fined ten dollars and costs. The person or persons upon failure to pay said fine shall be imprisoned for a term of not less than twenty days nor more

than thirty days in the county jail. The proceeds to go one-half to the informer and one-half to be paid over to the collector of oyster revenue, for the use of the State. Any justice of the peace in any

county of this State shall have jurisdiction to hear and determine all violations of this section with the power to enforce its provisions. Rev. Code, 1915, ch. 113, p. 1721.

Sec. 3782°. Standard weights; custody, etc.—The prothonotary shall preserve and keep in good order the duplicate standards of weights

and measures deposited in his office; but he shall allow the regulator of weights and "measures of his county free access to, and use of,

the said duplicates, and the occasional custody of them, as may be

required for the discharge of his duties.
158 LAWS CONCERNING WEIGHTS AND MEASURES

Hevised Code, 1915, ch. 83, p. 1372.

Sec. 2936°. Wheat, Indian corn, and Indian meal; weight of bushel.

When wheat, or Indian corn, is sold by the bushel, and there is no special agreement as to the measurement, or weight thereof, the

bushel shall consist of sixty pounds of wheat, and fifty-six pounds

of corn. Whenever Indian-corn meal shall be sold by the bushel,

and no special agreement as to the measurement or weight thereof

shall be made by the parties, the bushel, if sifted, shall consist

of forty-four pounds, and if unsifted the bushel shall consist of

forty-eight pounds.

Sec. 2937. Regulation and size of casks for exportation; packages of meal ; hogshead.—All casks for the exportation of breadstuffs shall be

made of good seasoned materials, well hooped and nailed, and shall be of the following sizes, viz : No. 1, 27 inches long, 161/2 inches

diameter at the head, and to contain 196 pounds; No. 2, 22% inches

long, 12^2 inches diameter, and to contain 98 pounds; and if any

person shall export from New Castle County to any foreign port, or place, beyond the United States, or shall sell for such exportation any wheat flour, rye flour, or middlings of wheat, packed in

casks made of unseasoned materials, or of other dimensions, or of less weight per cask, thsn these respectively, he shall forfeit and

pay to the flour inspector forty cents per cask, and shall have remedy

over for damages against the miUer, or cooper, who furnished the same. Indian-corn meal, made from corn sufficiently' kiln-dried, shall be packed for exportation from New Castle County, or from

Middleford, or Seaford in Sussex County, to any foreign port, or any port in the United States where there are no inspection laws,

in strong tight hogsheads, made of good seasoned white, or red

oak, well hooped and secured—the staves forty-one inches long,

twenty-seven inches diameter at the head and to contain 800 pounds

net, or in casks twenty-six inches long, 16% inches diameter and

to contain 196 pounds, or in half barrels 22 inches long, 121/2 inches diameter, and to contain 98 pounds, under the same penalty

herein provided for flour; except that wheat flour, or kiln-dried

Indian-corn meal, may be exported in sacks, or packages, if in- spected and passed, and the same fees paid for inspection as in

proportion for barrels.

Sec. 2938. Brands to be used.—Each miller shall brand, or mark,

with his own name, or some name by which it may be distinguished

as his, every cask, or hogshead, of breadstuffs manufactured by him

for exportation, and mark the kind and quality, and weight, tare and net, under penalty of twenty cents for each cask, or hogshead,

not branded, to anj^^one who will sue for the same; and if any per- son shall mark a false weight, or wrong tare, to the disadvantage

of the purchaser, he shall forfeit and pay to the inspector one dollar

for each cask, or hogshead, so falsely branded.

Sec. 2940 (1899). Weight of flour or meal to be marked; penalty; misbranding.—Each and every bag, package, parcel or box of flour or grain meal of any kind exposed or offered for sale to consumers in

this State shall have marked or printed prominently, distinctly and

conspicuously thereon the correct and exact weight in avoirdupois
DELAWABE 159

of the flour or other grain meal contained in such bag, package,

parcel or box.

It shall be unlawful for any person or persons, firm or firms,

corporation or corporations to offer or expose for sale, any bag,

package, parcel or box of flour or any kind of grain meal, unless

the same has printed or marked thereon as aforesaid the exact and

correct weight as aforesaid. Every person or firm or firms violating the provisions of this section shall be deemed guilty of a misdeIneanor, and upon conviction thereof, shall forfeit and pay a fine of twenty-five dollars, besides the costs of suit. if any person or jjersons, firm or firms, corporation or corporations

shall print or mark the weight of flour or other grain meal on any

such bag, package, parcel or box as aforesaid falsely or incorrectly or in any Avay to deceive the public, such person or persons, firm or

firms, corporation or corporations, shall upon conviction thereof,

forfeit and pay a fine of twenty-five dollars besides the costs of

suit. Revised Code, 1915, ch. 21, p. 313.

Sec, 697, as amended by Laws, 19^1, ch. 33, p. 143. Commercial feeding

stuffs, how marked.—48J. Every lot or parcel of commercial feeding

stuffs sold, offered or exposed for sale, or distributed within this

State shall have affixed thereto a tag or label, in a conspicuous

place on the outside, containing a legible and plainly written state- ment in the English language, clearly and truly certifying:

(a) The net weight of the contents of the package, lot or parcel

(&) The name, brand or trade-mark;

(c) The name and principal address of the manufacturer or person responsible for placing tlie commodity on the market | * *

*

Revised Code, 1915, ch. 22, p. 333.

Sec. 699, as amended by Laws, 1917, ch. 48, p. 127. Commercial fertilizer; net weight to be marked.—Every person who shall sell, offer or expose for sale, or have in his possession with intent to sell, in this

State, any commercial fertilizer or manure, shall affix conspicuously

to evei-y package thereof a plainly printed statement, clearly and

truly certifying the number of net pounds of fertilizer in the package, the name, brand or trade-mark under which the fertilizer is sold, the name and address of the manufacturer, the place of manufacture * * *. Laws, 1923, ch. 54, p. 123.

Sec. 2. All liming materials to be labeled; net weight.—Any person,

manufacturer, corporation, dealer, agent or importer that shall

sell, offer or expose for sale any liming material to be used in agriculture in this State shall affix or cause to be affixed to every package or sample or lot of such liming material in a conspicuous place on the outside thereof a tag, label, stencil or certificate, which shall be accepted as a guarantee of the person, importer, manufacturer,

corporation or agent, and Avhich shall have plainly printed thereon

in the English language the following information

1. The net weight of the package or sample, excluding goods

shipped in bulk.

* iti * * * * * 517—26 11
160 lAWS CONCEENING WEIGHTS AND MEASURES

laws of 1919, ch. 125, p. 281.

Sec. 1. Wilmington coal-weighing stations; penalty for short weighing.—That the council of the mayor and council of the city of

Wilmington be and it is hereby empowered to establish and maintain coal weighing stations in the city of Wilmington and prescribe and collect a penalty for short-weight selling thereof.

Laws, 1903, ch. 400, p. 831.

Sec. 1. Inspector of plumbing in Wilmington to be also gas inspector.

From and after the first day of May, A. D. 1903, the inspector of

plumbing, of the city of Wilmington, shall assume the duties of gas

inspector in and for the said city, and shall perform the duties

hereinafter provided for.

Sec. 8. Inspection of meter upon application of consumer.—Any con- sumer of gas can have his meter tested under the supervision of the

gas inspector upon filing a]Dplication for same. If meter proves

correct in accordance with United States standard, the applicant

shall pay costs of said test: Provided however, The cost shall not

exceed fifty cents. If the said m»ter should not conform to above

standard the costs of said test shall be borne by the gas company.

Sec. 9. Fees to be paid to city treasurer.—All fees so collected shall

be paid monthly into the treasury of the city of Wilmington.

laws, 1921, ch. 36, p. 155.

Sec. 2. Babcock test.—It shall be unlawful for any person, association, copartnership, or corporation, their agents or servants, en- gaged in the business of buying milk or ci-eam on the basis of, or in

any manner with reference to, the amount or percentage of butterfat contained therein, to underread, overread, or otherwise fraudulently manipulate the test, commonly known as the " Babcock test," used for determining the percentage of such fat in said milk or

cream, or to falsify the record thereof, or to make the " Babcock " reading except when the fat has a temperature of one hundred thirty

degrees to one hundred forty-five degrees Fahrenheit, or to use for

such test quantities other than seventeen and six-tenths (17.6) cubic

centimeters in the case of milk, and nine (9) grams or eighteen (18)

grams in the case of cream. In all tests of cream, the cream shall

be weighed and not measured into the test bottle.

Sec. 3. Standard Babcock test glassware.—No person, association, co- partnership, or corporation, xDurchasing milk or cream, and paying

for the same, on the basis of the percentage of butterfat contained

therein, shaU, if the percentage of butterfat is ascertained by the said " Babcock test," use any test glassware except standard Babcock test glassware. If the proportion of butterfat is determined by any

method other than the " Babcock test," no utensil or instrument shall

be used in such determination until the same has been inspected and

approved by the State board of agriculture.

Sec. 7. True weight of milk or cream.—No person, association, co- partnership, or corporation, purchasing or selling milk or cream, or

both, by weight, and no agent or servant of any such person, association, copartnership, or corporation, shall fraudulently use, as the

basis of payment for such purchase, any weight otlier than the true weight of the miUi or cream so purchased or sold.
DELAWAEE 161

Sec. 10. Penalty.—Any person violating any of the provisions of

this act shall be guilty of a misdemeanor, and, upon conviction

thereof, shall be sentenced to pay a fine of not more than one hundred

dollars ($100), or imprisonment in the county jail for not more than

thirty days, or both, in the discretion of the court. Laws, 1923, ch. 197, p. 586.

See. 1. Eastern standard time for legal purposes.—That from and

after the passage of this act, eastern standard time shall be the

standard time for all official and legal purposes in this State. All

State officials, county officials, courts, justices of the peace, schools

and banks shall conduct their respective offices and duties in accord- ance with this provision.
DISTEICT OF COLUMBIA

41 Stat., ch. 118, p. 1217.

Sec. 1 (1921), Department of Weights, Measures, and Markets created,

superintendent, appointment, and salary; custody of United States standard weights and measures ; assistants, etc., authorized.—That there

is hereby created an executive department in the government of the

District of Columbia which shall be known as the dej)artment of

weights, measures, and markets. Such department shall be in charge

of a superintendent of weights, measures, and markets, who shall be

appointed by and be imder the direction and control of the Coimnissioners of the District of Columbia and shall receive a salary of

$2,500 per annum. He shall have the custody and control of such

standard weights and measures of the United States as are now or

shall hereafter be provided by the District of Columbia, which shall

be the only standards for weights and measures in said District.

The commissioners are also authorized to appoint, on the recom- mendation of the superintendent, such assistants, inspectors, and

other employees for which Congress may, from time to time, provide.

Sec. 2. Bond and oath.—That the superintendent shall, before enter- ing upon the performance of his duties, give bond to the District of

Columbia in the penal sum of $5,000, signed by two sureties or by a bonding company, to be approved by the commissioners, conditioned on the faithful discharge of the duties of his office, and shall take and

subscribe an oath or affirmation before the commissioners that he

will faithfully and impartially discharge the duties of his office, which bond and oath shall be deposited with the commissioners.

Sec. 3. Powers conferred; inspection of weights, measures, etc., every

six months ; approval or condemnation to be marked, etc. ; unsuitable, etc., devices to be condemned; use of scales, etc., forbidden, unless approved

within six months ; notice for inspection of unapproved scales, etc. ; port- able measures to be inspected ; peddlers, etc., to have weights tested, etc., semiannually; not applicable to Government devices.—That the superintendent and, under his direction, his assistants and inspectors, shall

have exclusive power to perform all the duties provided in this act. They shall, at least every six months, and oftener when the superintendent thinks proper inspect, test, try, and ascertain whether or not

they are correct, all weights, scales, beams, measures of every kind,

instruments or mechanical devices for weighing or measuring, and

all tools, appliances, or accessories connected with any or all such

instruments or mechanical devices for weighing or measuing used

or employed in the District of Columbia by any owner, agent, lessee, or employee in determining the weight, size, quantity, extent, area, or measurement of quantities, things, produce, or articles of any kind

offered for transportation, sale, barter, exchange, hire, or award, or

the weight of persons for a charge or compensation, and shall approve and seal, stamp or mark, in the manner prescribed by the comlfi2
DISTBICT OF COLUMBIA 163

missioners, such devices or appliances as conform to the standards

kept in the office of the superintendent, and shall seize and destroy

or mark, stamp, or tag with the word "condemned " such as do not

conform to the standards, and shall also mark the date of such con- demnation upon the same. Any weight, scale, beam, measure, weighing or measuring device of any kind which shall be found to be unsuitable for the purpose for which it is intended to be used or of

defective construction or material shall be condemned. No person

shall use or, having the same under his control, shall permit to be

used for any of the purposes enumerated in this act any weight, scale,

beam, measure, weighing or measuring device whatsoever unless the same has been approved in accordance with the provisions of this

act within six months prior to such use, or that does not conform to the standards kept in the office of the superintendent of weights, measures, and markets, or which, having been condemned, has not

thereafter been approved as provided in this act. Any person who shall acquire or have in his possession after the

passage of this act any unapproved scale, weighing instrument, or nonportable measure or measuring device, subject to inspection or

test under the provisions of this act, shall notify the superintendent

in writing at his office, giving a general description thereof, and the

street and number or other location where same may be found, and

it shall be the duty of the superintendent to cause the same to be

inspected and tested within a reasonable time after receipt of such

notice. Any person who shall acquire or have in his possession after

the passage of this act any unapproved portable measure or measuring device subject to inspection or test shall cause the same to be

taken to the office of the superintendent for inspection and test. Every peddler, hawker, huckster, transient merchant, or other

person with no fixed or established place of business shall, before

using any weight, scale, measure, weighing or measuring device for

any of the purposes enumerated in this act, cause the same to be

taken to the office of the superintendent for inspection and test semiannually, and shall not use for the purposes herein mentioned any

weight, scale, measure, weighing or measuring device which has not

been approved within six months prior to the time of such use. Nothing herein shall be construed to require the superintendent to

test any weighing or measuring device belonging to the United States.

Sec. 4. Use of altered or repaired scales, etc., without inspection, for- bidden; inspection seals, etc., not to be altered, etc.—That no person

shall use or, having the same under his control, permit to be used,

any weight, scale, measure, weighing or measuring device, or any

attachment or part thereof after the same has been altered or re- paired without the same having been inspected and approved as provided herein after such alterations or repairs have been made, and

no persons shall alter, obliterate, detach, obscure, or conceal any

condemnation seal, stamp, mark, tag, or label, attached or impressed

by the superintendent or any of his assistants or inspectors, without

written permission of the superintendent.

Sec. 5. Refusing, obstructing, etc., tests, forbidden.—That no person

shall neglect, fail, or refuse to exhibit any weight, scale, beam, measure, weighing or measuring device, subject to inspection or test under

the provisions of this act, to the superintendent or any of his assist-
164 LAWS CONCERNING WEIGHTS AND MEASUEES

ants or inspectors for the purpose of inspection and test, and no

person shall in any manner obstruct, hinder, or molest the superintendent or any of his assistants, inspectors, or other employees in the

performance of their duties.

Sec. 6. Detailed record of inspections to be kept.—That the superintendent shall keep in his office a record of weighing and measuring

devices inspected, which record shall show the type of device, the

name and address of the owner, the date of inspection, and whetherthe same was approved or condemned. Such record shall be open to the public during regular office hours.

Sec. 7. True weight, etc., required of commodities sold; buyer to take

only actual weight, etc.—That no person shall sell, offer for sale, keep, or expose for sale anywhere in the District of Columbia any com- modity of any kind as a weight, measure, or numerical count greater

than the actual or true weight, measure, or numerical count thereof,

and no person shall take or attempt to take more than the actual and

true weight, measure, or numerical count of any commodity, when, as buyer, he is permitted by the seller to determine the weight, measure,

or numerical count thereof.

Sec. 8. Sales by net weight; ton; coal.—That when any commodity is sold by weight it shall be net weight. When any commodity, except

coal, is sold by the ton, it shall be understood to mean two thousand

pounds avoirdupois. Coal shall be sold by the long ton, consisting of

two thousand two hundred and forty pounds avoirdupois.

Sec. 9. Slot vending machines; regulations governing; name and address of owner, etc. ; refunds if service, etc., not received.—That no person, firm, or corporation shall erect, operate, or maintain, or cause to be erected, operated, or maintained within the District of Columbia

any coin-in-the-slot machine or automatic vending device without

placing in charge thereof some responsible person. No such machine

shall be maintained for use when the same is not in perfect working

order, and the person in charge as well as the owner of such machine

or device shall be held responsible for operating or maintaining any

such machine or device which is not in perfect working order. A

sign or placard shall be placed on every such machine or device in a conspicuous place and shall contain the name and business address

of the owner and of the person in charge of such machine or device,

and shall state that the person in charge of such machine or device

will refund to any person money deposited by him for which the

commodity or service promised expressly or impliedly has not been

received, and such person shall so refund such money.

Sec. 10. Sales tickets; requirements for use of.—^That every person,

firm, or corporation shall, when a sales ticket is given with a purchase, cause such sales ticket to show the correct name and address of such

person, firm, or corporation and the weight, measure, or numerical

count, as the case may be, of each commodity sold to the purchaser,

and every such person, firm, or corporation is hereby required to deliver such sales ticket to such purchaser when requested to do so by

such purchaser at the time of the sale.

Sec. 11. Coal, charcoal, and coke to be sold by weight; delivery receipts,

etc. ; verifying weight by inspectors ; provisos ; delivery of smaller quantities; package sales; moisture limit; name of vendor, etc., on vehicle.

That it shall be unlawful to sell or offer for sale in the District of
DISTEICT OF COLUMBIA 165

Columbia any coal, charcoal, or coke in any other manner than by

weight. No person shall deliver or attempt to deliver any coal,

charcoal, or coke without accompanjang same by a delivery ticket

and a duplicate thereof, the original of which shall be in ink or other indelible substance, on each of which shall be expressed dis- tinctly in pounds, avoirdupois, the gross weight of the load, the

tare of the delivery vehicle or receptacle, and the net weight of coal,

charcoal, or coke contained in the vehicle or receptacle used in making delivery, with the name and address of the purchaser and the

name and address of the person, firm, or corporation from whom or which purchased. Upon demand of the superintendent or any of

his assistants or inspectors upon the person in charge of the vehicle

of delivery, the original of these tickets shall be surrendered to the

official making such demand. The duplicate ticket shall be delivered

to the purchaser of said coal, charcoal, or coke, or to his agent or

representative, at the time of delivery of such coal, charcoal, or

coke. Upon demand of the superintendent or any of his assistants or inspectors, or of the purchaser or intended purchaser, his agent

or representative, the person delivering such coal, charcoal, or coke

shall convey the same forthwith to some public scale, or to any legally

approved private scale in the District of Columbia, the owner of

which may consent to its use, and shall permit the verifying of the

weight, and after the delivery of such coal, charcoal, or coke shall

return forthwith with the wagon or other conveyance used to the same scale and permit to be verified the weight of the wagon or

other conveyance: Provided^ That when coal, charcoal, or coke is sold in a quantity less than two hundred and eighty pounds and is not weighed in a wagon, cart, or other vehicle, it shall be sufficient for the seller to deliver to the purchaser, his agent or representative, a ticket showing the name and address of the vendor, the name of

the purchaser, and the true net weight of the coal, charcoal, or coke

so sold or delivered : Provided further, That when coal, charcoal, or coke is sold in packages of fifty pounds or less, it shall be sufficient to plainly mark each package with the name of the person, firm, or corporation making such package and the true net weight of the

coal, charcoal, or coke contained therein.

No coal, charcoal, or coke shall be sold which contains at the

time the weight is taken more water or other liquid substance than

is due to the natural condition of the coal, charcoal, or coke.

Every vendor of coal, charcoal, or coke shall cause his name and

address to be conspicuously displayed on both sides of every vehicle

used by or for him for the sale or delivery of coal, charcoal, or coke.

Sec. 12. Ice; regulations for sale by weight; scale requirements.—That

it shall be unlawful to sell, within the District of Columbia, any

ice in any manner other than by weight, such weight to be ascer- tained at the time of delivery oi such ice, and every person, or in

case of a firm, copartnership, or corporation, the person in charge

of its business in the District of Columbia, engaged in the sale of

ice shall keep on each of his or its wagons or other vehicles used

in the sale or delivery of ice, while in use, a scale suitable for weighing ice which has been tested and approved in accordance Avith the

provisions of this act. Every scale used for weighing ice in making

sales in quantities of one hundred pounds or less shall have graduations of one pound or less. Scales used for weighing ice in making
166 LAWS CONCERNING WEIGHTS AND MEASURES

sales in quantities of more than one hundred pounds may have

graduations of five pounds or less. Sec. 13, as amended by act of Aug. 24, 1921. Bread; standard loaf adopted; other sizes; labels required; details; scales at bakeries, etc.; crackers, pretzels, etc.; proviso; variance allowed.—That the standard

loaf of bread manufactured for sale, sold. oiTered, or exposed for sale in the District of Columbia shall weigh one pound avoirdupois, but

bread may also be manufactured for sale, sold, offered, or exposed for

sale in loaves of one-half pound, one pound and a half, or multiples

of one pound, but shall not be manufactured for sale, sold, offered, or exposed for sale in other than the aforesaid weights. Every loaf of

bread manufactured for sale, sold, offered, or exposed for sale in the

District of Columbia shall have affixed thereon, in a conspicuous

place, a label at least one inch square, or, if round, at least one inch

in diameter, upon which label there shall be printed in plain boldface Gothic type, not smaller than twelve point, the weight of the

loaf in pound, pounds, or fraction of a pound, as the case may be,

whether the loaf be a standard loaf or not, the letters and figures of

which shall be printed in black ink upon white paper. The business

name and address of the maker, baker, or manufacturer of the loaf

shall also be plainly printed on each such label. Every seller of

bread in the District of Columbia shall keep a suitable scale which

shall have been inspected and approved in accordance with the provisions of this act in a conspicuous place in his bakery, bakeshop, or

store, or other place where he is engaged in the sale of bread, and

shall, whenever requested by the buyer, and in the presence of the

buj'er, weigh the loaf or loaves of bread sold or offered for sale. Nothing herein shall apply to crackers, pretzels, buns, rolls, scones, or to loaves of fancy bread weighing less than one-fourth of one pound avoidupois, or to what is commonly known as stale bread,

provided the seller shall, at the time the sale is made, expressly state to the buyer that the bread so sold is stale bread : Provided^^ That any

loaf of bread weighing within 10 per centum in excess or within 4 per

centum less than standard weight shall be deemed of legal weight.

Sec. 14. Milk; capacity of bottles, etc.—That bottles or jars used for

the sale of milk or cream shall be of the capacity of one gallon, halfgallon, three pints, one quart, one pint, half-pint, or one gill when

filled to the bottom of the cap seat, stopple, or other desi^ating

mark. Such bottles or jars shall have clearly blown or otherwise per- manently marked in the side of each such bottle or jar or printed on

the cap or stopple the name and address of the person, firm, or cor- poration who or which shall have bottled such milk or cream. Any

jperson who uses, for the purpose of selling milk or cream, bottles or

iars which do not comply with the requirements of this section shall be deemed guilty of using false measure.

Sec. 15. Standard dry commodities containers established; barrel for

fruits, vegetables, etc.; dimensions; proviso; varying form; barrel for cranberries; sales in less capacities unlawful; Climax baskets for grapes,

etc.; dimensions; two-quart baskets; four-quart basket; twelve-quart

basket; six-basket carrier crate; four-basket flat crate; container for

berries, cherries, beans, etc.; lug boxes; hampers; round-stave baskets;

apple box; pear box; onion crate; sales of fruits, etc., except in standard

Qontainers, or weight or count, forbidden; full quantity required; pro-
DISTRICT OF COLUMBIA 167

viso; bunch vegetables; kale, spinach, etc.—That standard containers

for the sale of fruits, vegetables, and other dry commodities in the

District of Columbia shall be as follows

(a) That standard barrel for fruits, vegetables, and other dry

commodities other than cranberries, shall be of the following dimensions when measured without distention of its parts: Length of

stave, twenty-eight and one-half inches; diameter of heads, seven- teen and one-eighth inches; distance between heads, twenty-six

inches; circumference of bulge, sixty-four inches, outside measure- ment; and the thickness of staves not greater than four-tenths of an

inch : Provided, That any barrel of a different form having a capacity

of seven thousand and fifty-six cubic inches shall be a standard

barrel. The standard barrel for cranberries shall be of the following

dimensions when measured without distention of its parts: Length

of staves, twenty-eight and one-half inches ; diameter of head, sixteen

and one-fourth inches; distance between heads, twenty-five and one- fourth inches ; circumference of bulge, fifty-eight and one-half inches,

outside measurement; and the thickness of staves not greater than

four-tenths of an inch. It shall be unlawful to sell, offer, or expose

for sale in the District of Columbia a barrel containing fruits or

vegetables or any other dry commodity of less capacity than the

standard barrels defined in this act, or subdivisions thereof known

as the third, half, and three-quarter barrel. (&) Standards for Climax baskets for gTapes and other fruits and

vegetables shall be the two-quart basket, four-quart basket, and

twelve-quart basket, respectively.

The standard two-quart Climax basket shall be of the following

dimensions: Length of bottom piece, nine and one-half inches;

width of bottom piece, three and one-half inches ; thickness of bottom

piece, three-eighths of an inch; height of basket, three and seven- eighths inches, outside measurement; top of basket, length eleven

inches and width five inches, outside measurement. Basket to have

a cover five by eleven inches, when a cover is used.

The standard four-quart Climax basket shall be of the following

dimensions : Length of bottom piece, twelve inches ; width of bottom

piece, four and one-half inches; thickness of bottom piece, threeeighths of an inch; height of basket, four and eleven-sixteenths

inches, outside measurement; top of basket, length fourteen inches;

width six and one-fourth inches, outside measurement. Basket to have cover six and one-fourth inches by fourteen inches, when cover

is used.

The standard twelve-quart Climax basket shall be of the following

dimensions : Length of bottom piece, sixteen inches ; width of bottom

piece, six and one-half inches; thickness of bottom piece, sevensixteenths of an inch; height of basket, seven and one-sixteenth

inches, outside measurement; top of basket, length nineteen inches,

width nine inches, outside measurement. Basket to have cover nine

inches by nineteen inches, when cover is used.

(c) The six-basket carrier crate for fruits and vegetables shall contain six four-quart baskets, each basket having a capacity of two

hundred and sixty-eight and eight-tenths cubic inches.

(d) The four-basket flat crate for fruits and vegetables shall contain four three-quart baskets, each basket having a capacity of two

hundred and one and six-tenths cubic inches.
168 LAWS CONCEKNING WEIGHTS AND MEASUBES

(e) The standard box, basket, or other container for berries,

cherries, shelled peas, shelled beans, and other fruits and vegetables

of similar size shall be of the following capacities standard dry measure : One-half pint, pint, and quart. The one-half pint shall contain

sixteen and eight-tenths cubic inches; the pint shall contain thirtythree and six-tenths cubic inches; the quart shall contain siirt^y-seven

and two-tenths cubic inches.

(/) Standard lug boxes for fruits and vegetables shall be the one- half bushel box and the one-bushel box.

The one-half bushel lug box shall be of the following inside di- mensions: Length, seventeen inches; width, ten and five-tenths

inches ; depth, six inches.

The one-bushel lug box shall be of the following inside dimensions:

Length, twenty and three-fourths inches; width, thirteen inches;

depth, eight inches: and no lug box of other than the foregoing

dimensions shall be used in the District of Colmnbia.

{ff) The standard hampers for fruits and vegetables shall be the

one-peck hamper, one-half bushel hamper, one-bushel hamper, and

one and one-half bushel hamper.

The one-peck hamper shall contain five hundred and thirty-seven

and six-tenths cubic inches; the one-half-bushel hamper shall contain one thousand and seventy-five and twenty-one one-hundredths

cubic inches. The one-bushel hamper shall contain two thousand one hundred and fifty and forty-two one-hundredths cubic inches, and

the one and one-half bushel hamper shall contain three thousand

two hundred and twenty-five and sixty-three one-hundredths cubic

inches.

(A) The standard round-stave baskets for fruits and vegetables

shall be the one-half bushel basket, one-bushel basket, one and one- half bushel basket, and two-bushel basket.

The one-half-bushel basket shall contain one thousand and seventyfive and twenty-one one-hundredths cubic inches. The one-bushel

basket shall contain two thousand one hundred and fifty and fortytwo one-hundredths cubic inches. The one-and-one-half-bushel

basket shall contain three thousand two hundred and twenty-five

and sixty-three one-hundredths cubic inches, and the two-bushel

basket shall contain four thousand three hundred and eighty-four

one-hundredths cubic inches.

(?) The standard apple box shall contain two thousand one hundred and seventy-three and five-tenths cubic inches and be of the

following inside dimensions: Length, eighteen inches; width, eleven

and one-half inches; depth, ten and one-half inches.

(j?) The standard pear box shall be of the following inside dimensions: Length, eighteen inchese; width, eleven and one-half inches;

depth, eight and one-half inches.

{Jc) The standard onion crate shall be of the following inside di- mensions: Length, nineteen and five-eighths inches; width, eleven

and three-sixteenths inches; depth, nine and thirteen-sixteenths

inches.

(l) No person shall sell, offer, or expose for sale in the District of

Colimibia any fruits, vegetables, grain, or similar commodities in

any manner except in the standard containers herein prescribed or by weight or numerical count ; and no person shall sell, ofl'er, or ex-
DISTBICT OF COLUMBIA 169

pose for sale, except by weight or numerical count, in the District of

Columbia any commodity in any container herein prescribed which

does not contain, at the time of such offer, exposure, or sale, the full capacity of such commodity compactly filled: Provided^ That fresh

beets, onions, turnips, rhubarb, and other similar vegetables, usually

and customarily sold by the bunch, may be sold by the bunch.

All kale, spinach, and other similar leaf vegetables shall be sold

at retail by net weight.

Sec, 16. Containers not permitted as substitutes for dry measure.

That nothing in this act contained shall be construed as permitting

the use as a dry measure or substituting for a drly measure any of

the following containers : Barrels, boxes, lug boxes, crates, hampers,

baskets, or climax baskets; and the use of any such container as a measure is hereby expressly prohibited, and the user shall be fined or imprisoned as herein provided for other violations of this act.

Sec. 161/2. Package form food; marking required; tolerances per- mitted.—That no person shall sell, offer, or expose for sale in the

District of Columbia any food in package form unless the quantity

of contents is plainly and conspicuously marked on the outside of

each package in terms of weight, measure, or numerical count. The

commissioners are authorized to establish and allow reasonable variations, tolerances, and exemptions as to small packages.

Sec. 17. Firewood.—rThat a cord of wood shall contain one hundred

and twenty-eight cubic feet. Wood more than eight inches in

length shall be sold by the cord or fractional part thereof, and

when delivered shall contain one hundred and twenty-eight cubic

feet per cord when evenly and compactly stacked. Split wood,

eight inches or less in length, may be sold by such standard loads

as shall be fixed by the commissioners.

Sec. 18. Liquid measures; standard contents; no other deemed legal.

That the standard liquid gallon shall contain two hundred and

tliirty-one cubic inches; the half gallon, one hundred and fifteen

and five-tenths cubic inches; the quart, fifty-seven and seventy-five

hundredths cubic inches; the pint, twenty-eight and ei^ht hundred

and seventy-five thousands cubic inches; the half pint, fourteen and

four hundred and thirty-seven thousandths cubic inches; the gill, seven and two hundred eighteen thousandths cubic inches; the fluid ounce, one and eight-tenths cubic inches; and no liquid measure of

other than the foregoing capacities, except multiples of the gallon,

shall be deemed legal liquid measure in the District of Columbia.

Sec. 19. Oysters; fish.—That shucked oysters shall be sold only by

liquid measure or numerical count, and whenever there is included

in the sale by measure of shucked oysters more than 10 per centum

of oyster liquid or other liquid substance, the vendor shall be deemed

guilty of selling short measure.

All fish shall be sold by avoirdupois weight.

Sec. 20. Automatic measuring pumps; regulations governing use, etc.; inspection.—That every user of an automatic measuring pump or

similar device, shall, when the supply of the commodity which he is measuring for sale with such pump or similar device, is insufficient to deliver correct measure of such commodity by the usual or cus- tomary method of operating such pump or device or when, for any

cause whatever, such pump or device does not, by the usual or cus- tomary method of operating same, deliver correct measure, place a
170 LAWS CONCERNING WEIGHTS AND MEASURES

sign with the words, " Out of use " in a conspicuous place on such

pump or device where it may readily be seen, and shall forthwith

cease to use the same until his supply of such commodity is replenished or until such pimip or device is rei^aired, adjusted, or otherwise put in condition to deliver correct measure. All automatic

measuring pumps or other similar measuring devices in use shall be

subject to inspection, and approval or condemnation, whether used

for measuring or not.

Sec. 21. Stated prices; pro rata for smaller quantities.—That whenever

any commodity is offered for sale at a stated price for a stated

quantity, a smaller quantity shall be sold at a pro rata price unless

the purchaser is informed to the contrary at the time of sale. Sec. 22. Right to inspect packages, etc., declared.—That the superintendent, or under his direction, his assistants and inspectors, shall from time to time weigh or measure and inspect packages or amounts of commodities of whatever kind kept for sale, offered or exposed for sale, sold, or in the process of delivery, in order to determine whether or not the same are kept for sale, offered for

sale, or sold in accordance with the provisions of this act, and no

person shall refuse to pennit such weighing, measuring, or inspection whenever demanded by the superintendent or any of his assist- ants or inspectors.

Sec. 23. Dealing in weights etc., by employees, unlawful.—That it shall be unlawful for the superintendent or any employee of his

office to vend any weights, measures, weighing or measuring device, or to offer or expose the same for sale, or to be interested, directly or indirectly, in the sale of same.

Sec. 24. Police powers conferred ; right to enter premises except private

residences.—That there is hereby conferred upon the superintendent,

his assistants and inspectors, jDolice power, and in the exercise of

their duties thej shall, upon demand, exhibit their badges to any

person questioning their authority; and they are authorized and

empowered to make arrests of any person violating any of the provisions of this act. The superintendent, his assistants, and inspectors may, for the purpose of carrying out and enforcing the provisions of this act and in the performance of their official duties, with

or without formal warrant, enter or go into or upon any stand, place,

building, or premises, excej^t a private residence, and may stop any

vendor, peddler, dealer, vehicle, or person in charge thereof for the

purpose of making inspections or tests. Sec. 25. Tolerances to be established; Federal statutes to govern.

That the commissioners are hereby authorized and empowered to establish tolerances and specifications for scales, weights, measures, weighing or measuring instruments or devices, and containers used in

the District of Columbia. The commissioners shall prescribe and

allow for barrels, containers, and packages, provided for in this act, the same specifications, variations, or tolerances that have been pre- scribed or established, or that may hereafter be prescribed or established for like l»arrels, containers, or packages by any officer of the

United States in accordance with any requirement of an act of

Congress.

Sec. 26. Public scales, regulations governing.—That the commissioners are authorized to appoint public weighmasters and grant licenses
DISTRICT OF COLUMBIA 171

for the location of public scales in the District of Columbia under

such regulations as they may prescribe, and authorize such weighmasters to charge such fees as the commissioners may approve and

fix in advance, and they may grant permits, revocable on thirty days'

notice, for the location of such public scales on public space under

their control. No person other than a duly appointed and qualified

public weighmaster shall do public weighing or make any charge or

accept any compensation therefor.

Sec. 27. Authority of inspectors, etc.—That the powers and duties

granted to and imposed on the superintendent by this act are also

hereby granted to and imposed on his assistants and inspectors when

acting under his instructions.

Sec. 28. Supervision of public markets.—That the superintendent,

under the direction of the commissioners, shall have supervision of

all produce and other markets owned by the District of Columbia,

shall enforce such regulations regarding the operation of the same as the commissioners may make, shall make such investigations regarding the sale, distribution, or prices of commodities in the District of

Columbia as the commissioners may direct, and shall make reports

and recommendations in connection therewith.

Sec. 29. Words construed, " commissioners," " superintendent."—That

wherever the word " commissioners " is used in this act, it shall be

construed to mean the Commissioners of the District of Columbia.

Wherever the word " superintendent " is used in this act, it shall be

construed to mean the superintendent of weights and measures, and

markets.

Sec. 30. " Person," singular or plural, interchangeable.—That the word

"person," as used in this act, shall be construed to include copartnerships, companies, corporations, societies, and associations. Wherever any word in this act is used in the singular, it shall be construed to mean either singular or plural, and wherever any word in

this act is used in the plural, it shall be construed to mean either

plural or singular, as the circumstances demand.

Sec. 31. Each section and provision declared independent; invalidity of one not to affect others.—That each section of this act, and every provision of each section, is hereby declared to be an independent sec- tion or provision, and the holding of any section or provision of any

section to be void, ineffective, or unconstitutional for any cause whatever shall not be deemed to affect any other section or provision

thereof.

Sec. 32. Punishment for violations; jurisdiction of police court.—That

any person violating any of the provisions of this act shall be punished by a fine not to exceed $500, or by both such fine and imprisonment not to exceed six months. All prosecutions under this act shall be instituted by the corporation counsel or one of his assistants in

the police court of the District of Columbia.

Sec. 33. Operative in 90 days; former laws repealed; Vol. 28, p. 811;

Vol. 29, p. 192.—That this act shall become operative ninety days after

its passage. The act entitled "An act for the appointment of a

sealer and assistant sealer of weights and measures in the District of

Columbia, and for other purposes," approved March 2, 1895, as amended, and the act entitled "An act defining the standard shape

and size of dry measures in use in the District of Columbia, and for
172 LAWS CONCEKNING WEIGHTS AND MEASUKES

other purposes," approved May 30, 1896, are hereby repealed, such

repeal to be effective when this act becomes operative.

30 Stat., ch. 30, p. 765.

Sec. 3 (1898). Barrels for flour; dimensions and weight of.—That all barrels and half barrels containing flour, manufactured within the

District of Columbia, or brought to the same for sale, shall be well

made, of good, clean material, and tightened with ten or twelve hoops,

sufficiently nailed with four nails in each chime hoop, and of the fol- lowing dimensions, namely : The staves of all barrels to be in length

not less than twenty-seven inches; the diameter at the head to be

seventeen inches; and the staves of all half barrels to be twenty

inches in length, and the diameter of the head thirteen inches.

Flour barrels weighing not less than sixteen pounds tared or marked

on the branded head shall be deemed merchantable.

Sec. 5. Weight of baiTels of flour; packing less quantity, penalty for; barrel falsely tared, penalty for.—That every miller or bolter of flour shall put into barrels the quantity of one hundred and ninety-six

pounds, and into half barrels the quantity of ninety-eight pounds;

and if any miller or bolter of flour shall pack any barrel or half barrel with a less quantity of flour than by this act is required, he

shall forfeit, if the deficiency be one pound, a sum not exceeding

ten cents, and for every pound above one deficient, twenty-five cents

;

and said inspectors are hereby required, whenever they, or either

of them, have reason to suspect that any barrel or half barrel con- taining flour is falsely tared, to cause the flour to be started and the

barrel or half barrel weighed ; and whenever it shall appear that the

barrel and half barrel weigh more than they are marked by the miller or owner, the said miller or owner shall forfeit and pay to the

said District for each such offense at the rate of ten cents for every

pound after the first that the barrel or half barrel may weigh short,

and shall moreover pay twenty-five cents for each and every barrel or half barrel, unless on examination the tare should prove correct,

then in that case the cost and charges shall be paid by the inspector.
FLORIDA

Pounds avoirdupois

per bushel Onions 56

Salt 60 Peanuts 22 Chufas 54 Rye 56

Apples, dried 24

Apples, green 48 Quinces 48

Peaches, dried 24

Peaches, green 54 Cottonseed 32

Cottonseed, sea island 44 Plums 40 Pears 55 Guavas 54

Gen. Stats., 1920, Vol. 1, Biv. 1, Title 11, eh. 38, p. 1207.

See. 2372 (al917). Standard weights and measures.—The following

standards of weights and measures shall be the standard of weights

and measures throughout the State of Florida : One standard liquid

gallon shall contain 231 solid inches.

The weights and measures shall be as follows

Pounds avoirdupois

per bushel Wheat 60

Corn, shelled 56 Corn on cob with shuck 70 Sorghum seed 56 Barley seed 48 Oats 32 Bran 20 Corn meal 48 Beans, sheUed 60 Beans, velvet, in hulls 78 Beans, castor, shelled 48 MiUet seed 50 Beggar weed seed 62

Irish potatoes 60 Sweet potatoes 56 Turnips 54

Sec. 2373 (1901). Standard weights and measures to be used in contracts.—All contracts hereafter made within this State for work to be done or anything to be sold or delivered by weight or measure

shall be taken and construed according to the standard of weights

and measures hereby adopted as the standard of this State.

Sec. 2374. Weight to be marked on sacks of grain, etc.—All merchants, commission merchants, grocers, provision dealers, store- keepers and other persons, before selling or olfering for sale any

grain, flour, meal, grits, corn, wheat, rye, oats, bran, beans, Irish

potatoes, sweet potatoes or peanuts, already put up, packed or placed

in any sack, bag or barrel, in original packages shall have marked

or stamped or stenciled upon such sack, bag or barrel, so sold or

offered for sale, with its contents in figures, at least one inch in

length, the exact weight in pounds avoirdupois of such bag, sack

or barrel, with its contents. If the bag, sack or barrel is of a dark

or black color such figures shall be marked, stamped or stenciled in

light colored ink or pencil; if the bag, sack or barrel is of a light

color, then the marking, stamping or stenciling shall be in black or dark pencil, but in all cases the stamping, marking or stenciling

shall be plain, legible, and placed conspicuously on such bag, sack

or barrel.

Sec. 2375 (1905). Standard box or crate for oranges.—That hereafter

the legal and standard box or crate for oranges shall measure twelve

* A slight change has been made in the arrangement for convenience of reference. 173
174 LA.WS CONCEENING WEIGHTS AND MEASURES

inches in width and twelve inches in depth on the inside, making

each end or compartment of said box or crate, whenever the same

contains a middle partition, twelve inches in length, twelve inches

in depth, and twelve inches in width. No crate or box intended for

the sale or shipment, or delivery for sale or shipment of oranges,

except of the standard measure herein specified, shall be manufactured or sold.

Sec. 2376. Sale of oranges in boxes other than standard size; shipping

in half boxes; barrels and orates other size.—Evei-y box or crate used

for the sale or delivery of oranges shall be of the Florida standard

measure, as above provided. No person shall use any crate or box

for such sale, shipment or delivery, except the same be of such standard measure : Provided^ That nothing herein contained shall prevent

the shipment or delivery of oranges for sale in half boxes as herein

described : Provided^ That nothing in this section shall prevent any

person shipping oranges in barrels or other crates over standard size. Sec. 2377 (1915). Specifications for field boxes for oranges.—That all field boxes to be used in the sale of oranges, grape fruit and lemons

by growers to packer or buyer shall be of the uniform size of twelve

inches wide, thirteen inches high, and thirty-three inches long, and

shall contain a middle partition not less than three-fourths of one

inch thick.

Sec. 2378 (1917). Standard crate for tomatoes.—That hereafter the

legal and standard crate for tomatoes shall measure ten inches in

depth, eleven inches in width, and twenty-four inches in length, on

the outside.

Sec. 2379. Basket, standard for tomatoes.—That hereafter the legal

and standard basket for use in tomato crates shall measure nine and

one-half inches long in the bottoto, five inches wide in the bottom and

four and one-half inches deep, all of the last aforementioned meas- urements being inside measurements. The length of the inside of

the top hoop of each basket shall be thirty-two and one-half inches.

Sec. 2380. Other container prohibited.—No crate or basket intended

for the sale or shipment or delivery for sale or shipment of to- matoes, except of the standard measure herein specified, shall be

manufactured or sold. laws, 1925, ch. 10134, p. 255.

Sec. 7, Inspection and test of self-measuring pumps.—That it shall be

the duty of the inspectors [oil inspectors] herein provided to familiarize themselves witli the accuracy adjusting devices on the various

makes of self-measuring pumps in use in the territory assigned to them by the commissioner of agriculture. That they shall carefully

inspect all of such pumps located in the territory assigned to them

at least once every tlairty days, that on all such pumps found to be

giving accurate measure with a variation of not to exceed four

ounces from the actual measures on a measure of five gallons, he

shall place a lead and wire seal, * * * on the adjusting device or devices in such a way that the adjustment cannot be altered without breaking the seal, any pump that is found to be giving inaccurate measure in excess of four ounces, 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
FLORIDA 175

the standard measure provided for testing such pumps, * * * qjx all pumps that have apparently been altered for the purpose of giving

short measure in excess of eight ounces on a measure of five gallons

or that can not be adjusted within a range of eight ounces, either over or under, on a measure of five gallons, the inspector shall notify

the operator of such pump, whether he be owner or lessee, that it must be immediately 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 are necessary to bring the measure within the allowed variation, the same

shall be condemned and dismantled immediately by the inspector

examining the same, and such pump shall not again be allowed operated in this State without the written consent of the commissioner

of agriculture. * * * Any person, company, firm, or corporation who shall reinstall and operate any pump, without the written

consent of the commissioner of agriculture, that has been condemned

by a duly authorized inspector herein provided because of giving

short measure in excess of eight ounces to a measurement of five gallons, shall, upon conviction, be punished by a fine of five hundred

($500) dollars, and such condemned pump shall be adjudged forfeited to the State of Florida. * * * That on and after the

passage of this act, it shall be unlawful for any self-measuring pump

which can be secretly manipulated in such manner as to give short measure to be installed or operated in this State. Any person, company, firm or corporation who shall install or operate a self-measuring pump in any of the counties of this State, which has devices or< other mechanical means used for the purpose of giving short measure,

shall, upon conviction thereof, be punished by a fine of five hundred

($500) dollars. * *

*

Gen. Stats., 1920, Vol. 2, Div. 5, Title 2, cli. 4, p. 2539.

Sec. 5198 (1901). Merchant offering to sell grain, etc., without marking

sack.—Any merchant, commission merchant, grocer, provision dealer,

storekeeper or other person, or any officer, agent, clerk or employee

of any merchant, commission merchant, grocer, provision dealer or storekeeper who shall offer for sale, attempt to sell or sell any

of the articles mentioned in section 2374, already put up, placed

or packed in any sack, bag or barrel, in original packages, without

having such sack, bag or barrel marked, stamped or stenciled as in the manner herein prescribed before offering for sale, attempting

to sell or selling the same, shall be punished by fine not exceeding

two hundred dollars for each offense, or by imprisonment not more

than three months.

Sec. 5199. Merchant selling by short weight.—Any merchant, commission merchant, grocer, provision dealer, storekeeper, or other

person, or any officer, agent, clerk or employee of any merchant,

commission merchant, grocer, provision dealer or storekeeper, who

shall sell or dispose of any sack, bag or barrel with its contents,

containing any of the articles mentioned in the preceding section

upon which the weight in avoirdupois of such sack, bag or barrel

with its contents has been marked, stamped or stenciled as provided,

and the weights so stamped, marked or stenciled shall not be the

true and correct weight of such sack, bag or barrel with its contents,

517—26 12
176 LAWS CONCEBNING WEIGHTS AND MEASURES

but the weight so marked, stamped or stenciled shall be a greater

weight than the true and correct weight of such sack, bag or barrel

with its contents, shall be punished for each offense by a fine not ex- ceeding two hundred dollars or by imprisonment not more than three

months.

Gen. Stats., 1920, Vol. 2, Div. 5, Title 2, ch. 10, p. 2717.

Sec. 5694 (1832). Selling by false weights or measures.—Whoever

knowingly sells by false weight or measure, shall be punished by

imprisonment not exceeding six months, or by fine not exceeding one thousand dollars.

Sec. 5695. Selling by untested weigMs and measures.—Whoever re- fuses to have his weights and measures tested, or refuses to pay the

fees for the same, or whoever, after his weights and measures have

been tested, fails to make them conform to the standard, and keep

them conformed, shaU be punished by imprisonment not exceeding

sixty days or by fine not exceeding one hundred dollars.

Sec. 5696 (1917). Selling tomatoes in crates or baskets.—Every crate or basket used for the sale or delivery of tomatoes shall be of the

Florida standard measure as provided by law, and no person shall use any crate or basket for such sale, shipment or delivery, except

the same be of sucli standard measure. This shall not apply to local

persons, dealers in or growers of tomatoes, or shipments within the

State. Any person violating any of the provisions of this section

shall be deemed guilty of a misdemeanor, and upon conviction thereof

shall be punished by a fine not exceeding one hundred dollars or by imprisonment in the comity jail not exceeding thirty days, or by

both such fine and imprisonment.

Sec. 5697. Selling certain commodities other than by the pound.—It shall be unlawful for any dealer to sell, offer for sale, barter, ex- change, or otherwise dispose of, any of the different cormnodities

named in section 2372 except by the pound, and any . person, firm

or corporation violating this section shall be guilty of a misdemeanor.

Sec. 5698 (1905). Selling oranges in boxes not of standard measure.

Every box or crate used for the sale or delivery of oranges shall be

of the Florida standard measure, as provided by law. No person

shall use any crate or box for such sale, shipment or delivery, except

the same be of such standard measure. Any person violating any

of the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not

exceeding one hundred dollars, or by imprisonment in the covmty

jail not exceeding thirty days, or by both such fine and imprisonment: Provided, That nothing herein contained shall prevent the

shipment or delivery of oranges for sale in half boxes as herein

described : Provided, That nothing in this section shall prevent any

person shipping oranges in barrels or other crates over standard

size. Sec. 5699 (1915). Standard field box for sale of oranges, grapefruit,

and lemons; penalty for violation.—That all field boxes to be used in

the sale of oranges, grapefruit and lemons by grower to packer or buyer shall be of the uniform size of twelve inches wide, thirteen

inches high and thirty-three inches long, and shall contain a middle

partition not less than three-fourths of one inch thick; and any per-
FLORIDA 177

son, firm or corporation violating the provisions of this section shall

be punished by a fine not exceeding one hundred dollars, or by imprisonment not exceeding six months.

Gen. Stats., 1920, Vol. 1, Div. 1, Title 10, ch. 1, p. 1003.

Sec. 1870 (1877). Provisions, bread, liquors, weights and measures, gunpowder, etc.—The city or town council shall have the power

* * * to establish and regulate the weight and assize of bread,

* * * the gauging of liquors, the measurement and weighing of

any produce or merchandise * * *. Gen. Stats., 1920, Vol. 1, Div. 1, Title 6, oh. 3, p. 625.

Sec. 1023, as amended by Laws, 1921, ch. 8410, p. 47.— * * * Provided, That boards of county commissioners may themselves

or in conjunction with municipalities, provide and install scales or weighing machines for the purpose of weighing motor vehicles,

trailers or semitrailers and their loads. Gen. Stats., 1920, Vol. 1, Div. 1, Title 7, ch. 5, p. 758.

Sec, 1254, as amended by Laws, 1921, ch. 8588, p. 411. Standard measure for oysters and clams; stamping measures; fees.-—As a standard

measure, a half barrel of oysters shall consist of a tub or other

round vessel of the following dimensions, or the cubical equivalent

thereof, to wit : It shall measure eighteen and one-half inches inside

at the top, and seventeen inches from the bottom to top, and twentyfive and one-half inches diagonal, the unit of such tub or measure may be in the shape of an inverted frustum of a cone. Two of these measures filled, rounded and banked shall make one barrel, and all oysters or clams bought and sold in this State in the shell shall be

measured in a measure of this equivalent, or measure holding a

fraction or multiple thereof ; and it shall be unlawful for any person

to have in his possession any measure for oysters or clams in the shell [which] shall differ in equivalent size from the measure herein provided for; or demand or require a cargo of less or greater measure

in buying or selling ; and no vessel or measure shall be used in buying or selling oysters or clams until it has been measured and stamped

by the shell fish commissioner, his agents or deputies, with a metal

tag or stamp, showing the quantity of oysters or clams such measure

will hold. * *

*

Gen. Stats., 1920, Vol. 1, Div. 1, Title 11, ch. 4, p. 1081.

Sec. 2039 (al913). Net contents to be stated.—* * * That for the

purpose of this chapter an article shall also be deemed to be misbranded :

In the case of food ; * * * Third. If in package form, the net contents of the package are not correctly stated in terms of weight, measure or numerical count,

conspicuously, legibly or correctly, on the outside of the package

Provided, however, That reasonable variations shall be permitted

and tolerations established by rules and regulations made in accord- ance with the provisions of section 2046.
178 LAWS CONCEKNING WEIGHTS AND MEASUEES

Gen. Stats., 1920, Vol. 1, Div. 1, Title 11, oh. 6, p. 1089.

Sec. 2050 (1911). Misbranding citrus-fruit packages—It shall be

unlawful for any one to misbrand any package or any wrapper con- taining citrus fruits ; and all citrus fruits shall be deemed misbranded

if the package or the wrapper shall bear any statement, design or

device regarding the fruit therein contained which is false or misleading either as to the name, size, quality or brand of such fruit or as to the locality in which it was grown.

Gen. Stats., 1920, Vol. 1, Div. 1, Title 11, ch. 7, p. 1091.

Sec. 2057 (al907). Weight to be marked on packages of feeding stuff; sheriff authorized to seize and sell when not so tagged.—Every bag,

barrel, or other package of commercial feeding stutf, manufactured,

sold in or imported into this State, shall have securely attached a tag

or label, and plainly printed thereon, the number of net poiuids

of commercial feeding stuffs in the package, the name, brand, or trade-mark under which the commercial feeding stuff is sold: the

name and address of the manufacturer * * *^ Gen. Stats., 1920, Div. 1, Title 11, ch. 39, p. 1210.

Sec. 2384 (1889). Doyle's rule for measurement of logs.—^Doyle's rule

and log book for the measurement of saw logs is adopted as the standard rule for the measurement of saw logs, whether round or square, which are required to be scaled or measured within the limits of

this State. Gen. Stats., 1920, Vol. 1, Div. 1, Title 11, ch. 41, p. 1213.

Sec. 2398, as amended by Laws, 1925, ch. 10128, p. 228. Commercial

fertilizers, net contents to be marked.—Every package of commercial

fertilizer or fertilizer materials manufactured, imported, transported,

distributed, stored, kept or offered for sale or sold in or into the

State of Florida shall have securely attached a tag on which shall be

plainly and legibly printed the name or brand of the commercial

fertilizer or fertilizer materials ; the name and addi'ess of the manufacturer or jobber; the net contents of the package in pounds;

* * * Gen. Stats., 1920, Vol. 2, Div. 5, Title 2, ch. 10, p. 2717.

Sec. 5661 (1889). Penalty.—Whoever buys or sells any logs or square [timber by any other measure or scale than Doyle's rule and

log book, or if any timber inspector wilfully makes return of] ^ any

inspection scale or measurement of timber except according to said

book, shall be punished by fine not exceeding two hundred dollars

for each offense, or by imprisonment not exceeding six months.

When it is mutually agreed between the buyer and seller, another

than Doyle's rule book may be adopted and a survey can be made

by a party other than a commissioned inspector.

=' The portion in brackets was evidently inadvertently omitted from the statutes.
GEORGIA

Park's Ann. Code, 1914, Vol. 1, ch. 4, p. 801.

Sec. 1880 (al906). Weight per bushel; cord—The legal Tveight of the

foIloTving articles or commodities per busliel shall be as follows : ^

Pounds Wheat 60

Shelled corn 56 Corn in the ear 70 Peas „ 60 Rye 56 Oats 32 Barley 47

Irish potatoes 60 Sweet potatoes 55

"White beans 60 Clover seed 60 Timothy seed 45 Flaxseed 56 Hempseed 44

Blue-grass seed 14

Pounds Buckwheat 52 Dried peaches (unpeeled) 33 Dried peaches (peeled) 38 Dried apples 24 Onions 57 Stone coal 80 Unslacked lime 80 Turnips 55 Corn meal, bolted or unbolted 48 Wheat bran 20 Cotton seed 30 Ground peas 25

Plastering hair 8 Rough rice 43 Tan bark per cord 2, 250

Sec. 1881 (al893). Seal.—The ordinaries must procure for their re- spective counties a marking instrument, seal or stamp, for the purpose of marking all weights and measures which they may find not

to weigh or measure less than the standard established by the Congress of the United States, which is the standard of this State.

Sec. 1882. Penalty.—All persons engaged in selling by weights and

measures shall apply to the ordinaries of their respective counties

and have their weights and measures so marked, and in default

thereof shall not collect more than three-fourths of any account,

note, or other writing, the consideration of which is any commodity

sold by their weights and measures: Provided^ This section shall not apply to any person selling by weights and measures who has

applied to the ordinary of his county and found that the county has

not been supplied with the necessary standards for testing weights

and measures.

See. 1883 (1853-54). Selling by deficient weights and measures.—Any

citizen may complain to the ordinary of the deficiency of any

weights and measures, whether marked or not. and when done it is the duty of said ordinary to notify the person complained of, and

give him the name of the complainant, and specify a day, not more

than ten days distant, when he shall submit his weights and measures, to the test of the ordinary, and if the complaint is foimd to be

true within the seller's knowledge, he shall be deemed a person sell- ing by false weights and measures, and shall be presented by the

grand jury as such, if no person appears and indicts.

Sec. 1884. Standards to be procured.—The governor shall procure

standards of weisrhts and measures for each countv which does not

> A sligtit change has been made in the arrangement for convenience of reference.

]7'J
180 LAWS CONCEKNING WEIGHTS AND MEASURES

have them, and they, together with the marks provided by the ordinary, shall be kept in his office for the inspection of the citizens.

Sec. 1885. Ordinary to give notice.—^When such standards are obtained, it is the duty of such ordinary to give sixty days written

notice thereof at the door of the courthouse, and in the public

gazette where the sheriff of the county advertises his sales. Park's Ann. Code, 1914, Vol. 4, ch. 4, p. 2995.

Sec. 4827 (al870). Fees.—The ordinaries are entitled to the following fees, to wit:

For comparing and testing weights and measures, and stamping and

marking each, $0.10 * * *, Park's Ann. Code, 1914, Vol. 1, oh. 2, p. 784.

Sec. 1819 (1903). Barrel of turpentine; barrel of rosin.—^He [supervising inspector of naval stores] shall receive as compensation

for his services one-fourth of a cent for each barrel of rosin or spirits

of turpentine which may be inspected under the laws of this State;

for a basis of said fee a barrel when apj)lied to spirits of turpentine

shall be fifty gallons, and the term spirits of turpentine shall include

all spirits of turpentine mentioned in this article. A bai-rel, when

applied to rosin, shall be 280 pounds, and said fee shall be reckoned on this basis. Said fee shall be paid equally by the buyer and seller of such naval stores. In case of naval stores shipped in packages or

receptacles other than barrels, his compensation shall be reckoned

upon the basis of barrels or fractions thereof, in the same manner as

is provided for the payment of fees of inspectors under like conditions. He shall have the right to recover from any person or corporation the fees allowed him, in appropriate proceedings in any court having jurisdiction thereof.

Sec. 1840. Barrels for turpentine, quality of, etc.—Every barrel of

soft turpentine shall be formed of good and sufficient staves, threequarters of an inch thick, not exceeding five inches wide, not less than thirty nor more than thirty-two inches long; the head not less than one nor more than one and a half inches thick, and the barrel

secured with twelve good hoops.

Sec. 1842°. Powers of corporate authorities,—The corporate authorities of any seaport town may make such further regulations for the

inspection of rosin, pitch, tar, and turpentine, and for the discovery

of fraud in making and vending said articles, as to said authorities

respectively shall seem proper.

Sec. 1843. Inspectors may be appointed for any article.—Inspectors

may be appointed, their duties prescribed, their fees fixed, and

inspection and marking regulations adopted, by the corporate

authorities of any city, for the inspection of guano and other

fertilizers, tobacco, salt, pitch, tar, turpentine, rosin, fish, oil, staves,

shingles, timber, wood, lumber, and liquor, and such other articles and things as are usually the subject of inspection and measurements, and for measuring and gauging the said articles, or any of

them, within the limits of said cities; and the same power may be

exercised by the ordinary of every county, outside the limits of such

town, and within the limits of such county: Provided^ Such regulations be not inconsistent with the following provisions:
GEORGIA 181

1. No person shall be permitted, to inspect, measure, or gauge,

except such as may be regularly appointed, under a penalty of five hundred dollars for every offense, one half to go to the informer,

and the other half to the incorporation or court having the appointment of inspectors. Every person so appointed shall be required

to take an oath or affirmation faithfully to perform the duties of the

office to the best of his skill and ability, and shall moreover give

bond and security for the faithful discharge of the duties thereof.

All vacancies may be filled by the appointing power.

2. In all seaport towns where timber or lumber is brought for

exportation, or otherwise, the same shall be inspected and measured,

and bills for such measurement shall be made out in superficial meastirement,

3. All square timbers shall be measured as follows: The length

shall be counted from pinhole and the size from the middle of the

stick, taking the smallest side and the face, throwing off fractions,

and allowing one-half of the wane-edge on the side and face; and

other flatted timber, usually known as saw or mill logs, shall be

measured one-half from the smallest end.

4. All sticks which are rotten, hollowj split, or broken shall be

declared refuse by the inspector, and the seller shall only be allowed

one-half the measurement; but if the defect be at or near the end,

only so much as is defective shall be declared refuse.

6. The hook to the dip-rod shall not be less than one inch and

three-quarters long. * *

*

7. Heading shall be two and a half feet long, six inches broad, one inch thick on one edge, and not less than three-quarters of an

inch on the other edge, round and free from decay, worm or knot

holes ; shingles to be twenty-two inches long, not less than three and

a half inches wide, a half inch thick at the thick end, not decayed,

and free from worm or knot holes.

8. Pipe, hogshead, and barrel-staves shall be considered merchantable only when conditioned as follows : Pipe-staves to be at

least fifty-four inches in length, three inches in breadth, and one

inch thick on the thin edge, sound and free from worm or knot

holes; hogshead-staves to be forty-two inches long, three inches

broad, and not less than three-quarters of an inch thick on the

edges, sound and free from worm or knot holes; barrel-staves to be

two and a half feet long, three inches wide, and not less than three

quarters of an inch on their edges, sound and free from worm or knot holes.

9. Every cord of firewood shall measure eight feet in length, four

in breadth, and four in height. Any person to whom such wood is offered for sale, who may suspect any deficiency, shall have the right

to have the same measured and corded by any sworn inspector or measurer of the place, and in case of any deficiency appearing, the

seller shall, besides paying the fees of the inspector, make good the

deficiency without delay, or forfeit, before any court having jurisdiction, the sum of two dollars for every cord so deficient; in case of no deficiency appearing, the fees of the inspector or measurer

shall be paid by the buyer. The corporate authorities of any town

or city may make such further i-egulations on this subject as to them shall appear proper to insure the objects of this section,
182 LAWS CONCERNING "WEIGHTS AND MEASURES

Park's Ann. Code, 1914, Vol. 1, ch. 3, p, 792,

Sec. 1844 (al889). Sealesmen, weighers of cotton, and others to he

sworn.—It shall not be lawful for any sealesmen, salesmen, or other

person, in any of the cities, towns, or villages of this State, to weigh

any bale, bag, or j)ackage of cotton, tierce or half tierce of rice, or any other article of produce disposed of by weight, without first taking and subscribing an oath, before some person authorized by

law to administer it, that he will justly, impartially, and without

deduction, weigh all such cotton and all other articles of produce

disposed of by weight that may be shown to him for that purpose,

and tender a true account thereof to the party or parties concerned,

if so required.

Sec. 1845 (1875). Deductions for wet cotton; for hagging.—The

weigher may, nevertheless, make such deduction for wet, or other

cause, as may be reasonable, when the seller or his agent shall thereto

consent : Provided^ That if the weigher, with the consent of the seller or his agent, makes a deduction from the gross weight of any bale,

bag, or package of cotton because of the bagging and fastenings on

said bale, bag, or package, the deduction shall be not more than

twenty-four pounds if it is covered with jute bagging, and not more

than sixteen pounds if it is covered with cotton bagging, except in

the case of any bale, bag, or package of cotton not fastened with iron

ties nor with ropes, in which case the deduction shall be not more

than ten pounds if it is covered with jute bagging, and not more than

five pounds if it is covered with cotton bagging. And in every case in which a deduction is made from the gross weight of any bale, bag,

or package of cotton because of the bagging and fastenings on said

bale, bag, or package, the weigher, in tendering the true accoimt

thereof to the party or parties concerned, shall state the gross weight

of each bale, bag, or package, and also the number of pounds deducted for bagging and fastenings, and the net weight.

Sec. 1846 (a) (1912). Puhlic weigher and grader of cotton; oath and

bond.—Upon the application or petition of at least fifty citizens or producers of cotton in any county within the State of Georgia, made

to the county commissioners of a county when they administer the

affairs of a county, or to the ordinary ox the county when he administers the affairs of the coimty, he or they shall appoint one competent and discreet person who shall be known as the public weigher

and grader of cotton in such county. Upon his appointment by

them, they shall issue to him a commission authorizing him to weigh

and grade all cotton that may be brought to him for such purpose by

the citizens of said county; provided he shall first take an oath to faithfully perform the duties of such weigher and grader, and give

bond conditioned upon the accurate and faithful performance of his

duty subject to be enforced by any person that shall be damaged on

account of a failure in the performance of his duty, said recovery to be had in any coiirt of this State having jurisdiction of the parties

and subject matter.

Sec. 1846 (b). Deputies.—Said weigher and grader shall be authorized when it becomes necessary to appoint a deputy or deputies to act within said county to assist him in weighing and grading of

cotton. In the appointment of such deputies he shall not appoint any

one who is jxot of good character and competent to perform such

duties,
GEORGIA 183

Sec. 1846 (c). Compensation; duties; scales tested.—As compensation for the weighing, grading, issuing certificates, as to weights and

grades, and stamping same upon the bale of cotton, such weigher

and grader shall have for such service, and be allowed to charge the

party desiring to have said cotton weighed and graded the sum of

twenty cents per bale. It shall be the duty of the weigher and grader

or his deputy, upon their appointment, to provide a platform and

scales with ample facilities for handling cotton with speed and at a minimum cost, at which platform or platforms, all cotton sold in

said market or shipped may first be weighed, graded and stamped,

if so desired by the seller, producer, or bu3"er, and upon the application by the parties, it shall be the weigher's duty to immediately

weigh, grade and stamp upon the cotton weights, grade, and issue to the applicant a certificate showing the same and enter the same in a book to be kept by him. The appointed public weigher and grader

shall be responsible, on his bond, for the official act of his deputy,

and each weigher or deputy shall have his scales tested at least once

every thirty days by the standard weights in the office of the ordinary

as provided by law.

Sec. 1846 (d). Removal of weiglier and grader.—The county commismissioner or ordinary, whichever has the appointing power, upon

good and sufficient cause shown, after ten days' notice, in writing,

personally served upon the public weigher and grader, shall inquire

mto his conduct and if they find sufficient reason, remove any such

officer from offi.ce, and appoint another in his stead, and in the same manner may remove any deputy by such public weigher appointed.

Sec. 1847 (1873). Tare on rice.—The tare to be allowed on rice shall be the actual tare, as nearly as can be determined, except in cases of

the sale of a single tierce, half tierce, or barrel, where a tare of ten per centum shall be allowed, unless otherwise agreed on between the

buyer and seller. Sec. 1848. Tare on other articles.—In other cases where tare is usually allowed, the actual tare, as nearly as the same can be ascer- tained, shall be allowed, except where the seller and purchaser may

expressly agree upon a different rule.

Sec. 1849. ITo deduction to be made for turn of scales, etc.—It shall not be lawful for any purchaser or weigher to make any deduction from

the weight of any article for or on account of the draft or turn of

the scales or steelyard, under the penalty, for every such ofl'ense, of

five hundred dollars, to be recovered in any court having jurisdiction, one-half to go to the informer by whom the suit may be brought,

and the other half to the use of the county where the offense may

be committed.

Sec. 1850. Corporate authorities m.ay make further rules.—The cor- porate authorities of all cities and towns may make such further

regulations for the weighing of produce of all descriptions, including fees for weighing, as in their judgment may tend to effect the

objects of the foregoing provisions, and the ordinaries of the respective counties shall have the same power, to be exercised outside the

jurisdiction of said incorporated cities or towns; but until altered

by such authorities or ordinaries, fees for weighing shall be such as are now fixed by law.

Sec. 1865 (1890-91). Number of pounds stamped on each sack of flour or corn meal.—It shall be the duty of each and every miller or manu-
184 LAWS CONCERNING WEIGHTS AND MEASUEES

facturer of flour or corn meal (and every merchant or dealer), offer- ing for sale said articles, to stamp or have printed on each sack

in which either of said articles are packed, in plain figures not less than one and one-half inches in length, the exact number of pounds

of flour or corn meal contained therein; provided, the pro^dsions of

this section shall not apply to grist ground for toll. Sec. 1867 (1906). Flour, grits and corn meal, how packed and

marked.—All flour, grits and corn meal packed in barrels or halfbarrels made of any material, or any package made of wood or metal

in which flour, grits, or corn meal are or may be offered for sale, shall

be well made and of good material; shall have the net weight of

flour, grits, or meal plainly marked in the head, top, or side of the

barrel or package with a stencil, or paper label or pencil, with let- ters and figures not less than one inch in length, and the tare marked

on the reverse ecd or side of the barrel or package in like manner.

Sec. 1868. Weiglit in barrels and sacks.—Every miller, bolter,

blender, or mixer, or other person who manufactures or who buy?

flour, grits, or corn meal for the purpose of repacking, shall put into

each barrel the full quantity and weight of one htmdred and ninetysix pounds of flour, grits, or corn meal, and shall put into each half

barrel the quantity and weight of ninety-six pounds of flour, grits, or com meal.

When flour, grits, or corn meal is packed in sacks, the gross

weight shaU be as foUows : Sacks containing one hundred and forty

pounds, sacks containing two hundred and eighty pounds, halfbarrel sacks ninety-six pounds, quarter-barrel sacks forty-eight

pounds, eighth-barrel sacks twenty-four pounds, sixteenth-barrel

sacks twelve pounds, thirty-second-barrel sacks six poimds.

Sec. 1869. Variations in weight.—From the weights above specified

variations for inaccuracies wiU be allowed as follows : On aU packages weighing ninety pounds or over, an allowance of one-fourth of one per cent., and on all packages smaller than ninety pounds an

allowance of one-half of one per cent., less than the weight specified

in the preceding section.

Sec. 1870. Packages, how marked.—It shall be unlawful for any per- son to pack for sale, sell, or offer for sale any corn meal except

in bags or packages containing by standard weight two bushels, or one bushel, or one-half bushel, or one-fourth, or one-eighth, bushel,

respectively. Each bag or package of corn meal shall have plainly

printed or marked thereon, whether the meal is " bolted " or " unbolted," the amount it contains in bushels or fractions of a bushel,

and the weight in pounds : Provided^ The provisions of this section

shall not ajDply to the retailing of meal directly to customers from

bulk stock, when priced and delivered by actual weight or measure.

Sec. 1872°. Frandnlently packing flour.—If any person shall pack

flour in an old barrel which may have been marked and branded as

aforesaid, and which shall still have the brand of the inspector

thereon, or shall otherwise fraudulently pack flour for sale, such per- son or persons shall forfeit and pay the siun of twenty dollars for

every barrel so packed, to be recovered by an informer before any

justice of the peace, or other court having jurisdiction thereof—one- half of such penalty to go to the informer, and the other half to the

miller or manufacturer injured by such false packing.
GEOEGIA 185

Park's Ann. Code, 1914, Vol. 6, p. 338.

Sec. 557 (al895). Illegal charge for weighing cotton.—If any scales- man, salesman, or other person engaged in the business of weighing

cotton bales shall charge or receive more than ten cents per bale for

weighing the same, or charge or receive for reweighing any bale

of cotton which has once been taxed ten cents for weighing, more

than five cents for such reweighing, he shall be guilty of a misdemeanor.

Sec. 558a (1911). Deduction of weight of bagging and ties prohibited,

when.—It shall be unlawful for any person, firm or corporation en- gaged in the business of buying cotton in this State, as principal or

agent, to deduct any sum for bagging and ties from the weight or

price of any bale of cotton when the weight of the bagging and

ties does not exceed six per cent of the gross weight of such bale

of cotton. In the event that the weight of the bagging and ties exceeds six per cent of the gross weight of such bale of cotton, only

the excess over the said six per cent may be deducted.

Sec. 558b. Penalty; what bales not included.—For each and every

violation of the preceding section the offender shall be guilty of

a misdemeanor and shall be fined in the sum of not less than twentyfive dollars, nor more than fifty dollars, or imprisoned not less than

fifteen days, nor more than thirty days : Provided^ This law shall not

apply to what is known in the trade as round bales, and bales of

cotton which weigh less than three hundred pounds.

Sec. 562 (al890-91). Weights to be stamped on sacks of flour and meal,

etc.—If any miller or manufacturer of flour or corn meal, or any merchant or dealer offering said articles for sale, shall fail to stamp or have printed on each sack in which either of said articles is packed,

in plain figures, not less than one and one-half inches in length, the

exact weight of the contents thereof, he shall be guilty of a misdemeanor.

Sec. 563. Exceptions.—The preceding section shall not apply to grist

ground for toll, nor to millers, merchants, or dealers, selling nour

or meal in quantities less than a full sack, or in any quantities when

sold by weight.

Sec. 564 (1906). Corn meal, weight of packages.—Any person who

shall violate section 1870 of the civil code, relating to corn meal,

shall be guilty of a misdem^eanor.

Sec. 565. Flour, grits, and corn meal, how marked and weighed.—Any

person who shall violate sections 1867, 1868 and 1869 of the civil code, relating to packing, marking, and weighing flour, grits, and

corn meal, shall be guilty of a misdemeanor.

Sec. 566 (1901). Cottonseed hulls, weight to be stamped.—Any person, firm, or corporation who shall sell cottonseed hulls in bales or packages, without having the weight thereof plainly stamped or branded on each bale or package, shall be guilty of a misdemeanor.

Park's Ann. Code, 1914, Vol. 6, p. 382.

Sec. 705 (1865-66). Bakers and others selling under assize.—Any

baker or other person selling bread under the assize established by

the corporation of any city, town, or village, or the rules laid down

by law, shall be deemed a cheat, and shall be punished as foi- a misdemeanor.
186 LAWS CONCEKNING WEIGHTS AND MEASUEES

Sec, 706 (al865-66). Selling by false weights and measures.—If

any person shall knowingly buy or sell by false weights or measures, he shall be deemed a common cheat, and shall be punished

as for a misdemeanor.

Sec. 709 (1874). Putting dirt or rubbish into cotton, rice, etc.—Any

person who shall put or cause to be put into any bale of cot- ton, vessel of sugar, rice, pork, beef, or other provisions, wool, or

other article, prepared for market, any dirt, rubbish, or other thing,

for the purpose of adding to and increasing the weight of bulk of

said cotton, sugar, rice, beef, pork, or other provisions or things, shall

be deemed a common cheat, and shall be punished by a fine equal to the value of the thing thus fraudulently packed or put up, and imprisonment and labor in the penitentiary for not less than one year nor more than five years. The bare possession or ownership of such

commodities, so fraudulently packed or put up, shall not of itself authorize a conviction, where sufficient evidence of knowledge or

privity on the part of the owner, or the person in possession may not

be produced on trial. Laws, 1920, Act No. 739, p. 225.

Sec. 1. Paint, marking.—^Whoever shall expose for sale, or sell within this State, any jDaint which is labeled or marked in any manner so as to tend to deceive the purchaser as to its nature, or composition, or which is not accurately labeled as hereinafter required,

shall be guilty of a misdemeanor, and for each offense shall, upon

conviction thereof, be punished by a fine of not less than twentyfive dollars and not more than one hundred dollars, or by imprisonment in the county jail not exceeding sixty days.

Sec. 2. Labels; what required.—The label required by this act shall clearly and distinctly state the name and residence of the manufacturer of the paint, or the distributor thereof, or of the party for

whom the same is manufactured. Said label to clearly state, in addition to the before-mentioned matter, the quantity contained in the

package ; this in the case of liquid or mixed paints, to be designated

in United States standard gallons or fraction thereof, and in the

case of paint or semipaste paints, such as commonly sold by weight,

to be shown by weight avoirdupois. Said label shall be printed in

the English language in plain, legible type.

Sec. 7. Enforcement.—The State pure food and drug inspector is charged with the proper enforcement of all the provisions of this

act, and empowered to formulate and promulgate such rules and

regulations as may be necessary in carrying out the purposes of

this act. Park's Ann. Code, 1914, Vol. 1, ch. 1, p. 354.

Sec, 855(b) (1872). Existing towns, by what law governed; new

towns and villages, how incorporated.—The towns and villages heretofore established in this State, shall remain subject to the laws now

in force, applicable thereto, respectively; and the provisions hereinafter set forth shall be deemed applicable only to towns and

villages established after August 26th, 1872.

Sec. 855 (n). Powers of council.—The council of such town or vil- lage shall have power therein * * *; to regulate and provide
GEOEGIA 187

for the weighing of hay, coal, and other articles sold or for sale in

the town * * *. Park's Ann. Code, 1914, Vol. 1, eh. 3, p. 862.

Sec. 2104 (al914). Mai-king of contents of packages.—For the purpose of this chapter, an article shall be deemed to be misbranded

In

*

the case of

******

food : 3. If in package form, the quantity of the contents be not jolainly

and conspicuousl}^ marked on the outside of the package in terms of

weight, measure, or numerical count : Provided, however, That

reasonable variations shall be permitted, and tolerances and also exemptions as to small packages shall be established by rules and

regulations made in accordance with the provisions of section

2115, * * * Laws, 1924, No. 386, p. 101.

Sec. 17. Packages to be stamped with quantity; occupation tax

stamps.—* * * Each package containing oysters canned in this

State, or raw shucked oysters, or oysters in the shell, gathered in

this State shall be stamped by the manufacturer or dealer, or dis- tributor, with cjuantity of oysters contained in each can. barrel or other package in which the same are offered for sale within the

State or shipped. Each distributor or dealer, including the manufacturers who are distributors or dealers shall place stamps in the

amount necessary upon each of said packages, to comply with the

requirements of the pajnoient of the occupation taxes hereinbefore

set out.

Sec. 22. Oysters sold in shell, how measured ; dimensions of bushel tub

brand to be stamped on measure; punishment for violating this section.

That all oysters sold in the shell in this State in tidewater Georgia

shall be measured in circular tubs, with straight sides, straight and

solid bottoms, with holes in the bottom not more than one-half inch

in diameter. A bushel tub shall measure eighteen inclies from the

inside across the bottom, and twenty-one inches from the bottom to the top of chime. All measures used for buying or selling oysters

shall have a brand, to be adopted by the State board of game and

fish, stamped tliereon by tlie tidewater commissioner or his lawful

inspectors or patrolmen. Any person or persons violating this sec- tion shall be guilty of a misdemeanor, and upon conviction thereof

shall be fined not less than ten dollars, nor more than fifty dollars, or imprisoned for not less than ten days nor more than thirty days,

in the discretion of the court ; and all measures found in the posses- sion of such person not meeting the requirements of this section

shall be destroyed by the tidewater commissioner of game and

fish. Park's Ann. Code, 1914, Vol. 1, ch. 1, p. 762.

Sec. 1772, as amended by Laws, 1924, No. 490, p. 99. Fertilizers, how

branded.—All persons, companies, manufacturers, dealers, or agents,

before selling or offering for sale in tliis State any commercial fertilizer or fertilizer material, shall brand or attach to each bag,

barrel or package, the weight of the package, the name and address
188 LAWS CONCEKNING WEIGHTS AND MEASUBES

of the manufacturer, and the guaranteed analysis of the fertilizer,

giving the valuable constituents of the fertilizer in minimum percentages only. These items only shall be branded or printed on the

sacks or packages in the following order:

1. Weight of package in pounds.

2. Brand name, or trade-mark.

» * * * if tf * Park's Ann. Code, 1914, Vol. 1, ch. 3, p. 838.

Sec. 2107 (1908). Feeding stuff and condimental feed; branding; net weight to be stated.—Every lot or parcel of concentrated, commercial

feeding-stuff and condimental feed used for feeding domestic animals or poultry, sold, offered or exposed for sale within this State,

shall be registered annually with the commissioner of agriculture,

and shall have affixed thereto, or printed on the bag or other package, in a conspicuous place on the outside thereof, a legible and

plainly printed statement, clearly and truly certifying the number

of net pounds of feeding-stuff contained therein : Provided, That all concentrated commercial feeding-stuffs shall be in standard-weight

bags or packages of fifty, seventy-five, one hundred, one hundred and

twenty-five, one hundred and fifty, one hundred and seventy-five, or two hundred pounds each ; also the name, brand or trade-mark under

which the article is sold, the name and address of the manufacturer,

importer or jobber * * *. Park's Ann. Code, 1914, Vol. 2, ch. 2, p. 966.

Sec. 2762 (1889). Pacilities for weighing freight furnished by trans- portation company.—Every railroad or transportation company in

this State shall furnish suitable and adequate facilities for cor- rectly weighing all freight offered for shipment in car-load lots in

this State at points where the volume of business offered is sufficient to warrant the expense; and if any officer or agent of a railroad or transportation companj^^, or person acting for or employed by such

railroad or transportation company, shall, by reason of overweights

or false billing, cause such railroad or transportation company to charge on any shipment for more than the actual weight of such

shipment, the said railroad or transportation company shall be liable to the owner of such shipment in damages for an amount equal to twice the charges on the excess weight so charged.

Sec. 2763 (1882-83). Sworn weighers to weigh freight.—Whenever

any railroad company in this State shall weigh any cars loaded with

freight to be shipped and charged for by the car-load, such weighing

shall be done by a sworn weigher, as provided for tne weighing of

cotton, rice, and other produce.

Sec. 2764. Cars to be uncoupled.—When such cars are weighed singly,

they shall be uncoupled at both ends and weighed one at a time.

Sec. 2765 (1890-91). Lumber cars weighed three together.—^When any

railroad company shall transport timber, lumber, or other like articles of freight, which, from length, laps over from one car to another,

such company may ca'use as many as two or three such cars so loaded

to be weighed together, after uncoupling them at both ends from

other cars, and in all such instances the aggregate weight of the

freight upon said two or three cars shall be averaged so that each of

the cars shall be charged with an equal amount of the total weight,
GEOKGIA 189

and the shipper be made to pay freight as if each of the cars so weighed together did actually contain an equal portion of the whole

load : Provided, That in such cases the shipper shall not pay less than

the amount of freight due on full car-loads.

Sec. 2766. Penalty.—Any railroad company failing to comply with

any of the provisions of the three preceding sections shall be held

liable in an action for damages, to be brought in the county where

such weighing is done, at the instance of any person aggrieved, and

the recovery shall be in a sum not less than one hundred dollars nor more than two hundred dollars for each offense.
HAWAII

Rev. Laws, 1925, ch. 129, p. 794.

Sec. 2148 (1921). Title of act.—The short title of this chapter shall be " The weights and measures law of Hawaii."

Sec. 2149. Befiiiitions.—Wherever the word " sheriff " is used in this

chapter it shall include and mean the sheriff of the city and county

of Honolulu and the sheriff of, in and for the other counties of the

Territory.

Wherever the words " scales," " weights," " beams," " weighing

machines," " devices," " appliances," " measures," or " instruments " are used in this chapter they shall be held to include all mechanical means for the weighing or measuring of any article or commodity

whatsoever.

Sec. 2150. Standards; tests.—It shall be the duty of the sheriff to procure and keep a standard set of scales, beams, weights and measures; and he shall semiannually, or oftener in his discretion, cause

all scales, beams, weighing machines, measures—liquid or dry

devices and appliances used in the ascertaimnent of weight or of

measure, used by any person, firm or corporation in the buying or

selling or the transportation, or the receiving for shipment, or in

the ascertainment of weight or measure, of goods, wares, merchandise, oils, gasoline, fruits, vegetables or any other commodity, to be

tested by such standard scales, beams, weights and measures, and to

seal such as shall be found true with the capital letters " T. H."

Sec. 2151. Sealing, record of scales.—^All weighing appliances and

measures as mentioned and included in section 2150 shall be so sealed

within two days of the date of purchase and of the acceptance and

delivery of such appliance or measure, and notice thereof, by both

the buyer and the seller shall, within such two days, be given to the sheriff upon forms as he may provide and which shall be

recorded by him.

Sec. 2152. Marking unsealed or imperfect v/eights and measures.—If

any of the weighing appliances or measures as mentioned and in- cluded in this chapter are found to be imperfect and not according

to standard, the sheriff shall cause them to be tagged, marked and

identified with the words "Faulty, not to be used until adjusted by

sheriff," and, thereafter, such weighing appliances or measures shall not be used until adjusted, repaired and made correct to said

"standard.

Sec. 2153. Identification of ov/ner.—Any person presenting any

weighing appliance or measure to the sheriff for verification and

testing shall give his full name, address, and description of occupation and business and the purpose for which such weighing appli- ance or measure is to be used; such information shall be recorded

by the sheriff.

Sec. 2154. Errors permissible in excess or deficiency.—The following

shall be permissible error, either in excess or in deficiency : Platform

190
HAWAH 191

or counter scales, one ounce in each hundred pounds ; wagon or track

scales, one pound in each ton; all liquid or dry measure shall be in

accordance with standard.

Sec. 2155. Inspectors.—The sheriff may deputize any one of the employees in his department to aid him in the performance of his

duties under this chapter.

Sec. 2156. Standards.—The standards of weights and measures shall be those adopted, and now used, or that may be adopted and used

by the United States of America.

Sec. 2157. Bushel.—Whenever any wheat, rye, Indian corn, barley

or oats shall be sold by the bushel, and no special agreement as to the measurement shall be made by the parties, the bushel shall consist of sixty pounds of wheat, and fifty pounds of rye, of fifty-six

pounds of Indian corn, or [of] forty-eight pounds of barley and

of thirty-two pounds of oats.

Sec. 2158. Fees.—The charges for testing and certification shall be

as follows: Beam, fifty cents; scale, fifty cents; measures of extension, twenty-five cents; weight, ten cents; springless or automatic

weighing machine or device, twenty-five cents; platform, deadweight or track scales, two dollars; pump or pumping measure or

appliance, one dollar; for every other appliance as used for weighing

or measuring and not specifically mentioned herein, twenty-five

cents : Provided^ however^ That no charge shall be made for more

than two inspections in any one year; all fees collected under the

provisions of this chapter shall be paid into the treasury of the city

and county, or county for which the inspection, testing and sealing

is made, as municipal realizations.

Sec. 2159. "Using unsealed weights and measures.—If any person, firm, or corporation shall use or cause to be used any weighing or measuring machine or appliance as mentioned or necessarily included in

the meaning of this chapter, for any of the purposes mentioned in

section 2150, and which weighing machines or appliances have not

been duly sealed, he, or it, shall be fined for each such offense a sum

not exceeding one hundred dollars, and the court may in its dis- cretion order the confiscation and destruction of such weighing or measuring machine or appliance, and any person who shall be in- jured or defrauded by the use of any such weighing or measuring

machine or appliance may maintain an action against such offender

and, if judgment be rendered for the plaintiff he shall recover double

damages and costs of suit. Sec. 2160. Changing, removal of marks, etc.—Any person, firm or cor- poration who shall willfully or shall fraudulently change any weighing machine, measure or appliance as mentioned herein after the same has been inspected, tested and sealed by the sheriff, or who

shall change, remove or destroy any tag, mark or seal which may

have been placed in or thereon by the sheriff for the purpose of

this chapter, shall be liable, upon conviction, to pay a fine of not to exceed one hundred dollars. Rev. Laws, 1925, ch. 204, p. 1277.

Sec. 3583°. Weights, measures; inspection.—It shall be the duty of

every clerk of a market once in every month, and whenever re- quested so to do by any purchaser in the market, to inspect all the

517—26 13
192 LAWS CONCEENING WEIGHTS AND MEASURES

weights, measures and beams used in weighing and measuring in

such market ; and, at the expense of the owners, to make them con- form to the standard weights and measures of the Territory; and

if any person shall refuse to exhibit his weights and measures, or

to make them conform to those established by law, he shall be fined

twenty-five dollars.

Sec. 3584°. Using unapproved weights, etc.—Any person using any

weights or measures in a public market, not approved by the clerk

of the market, shall be fined ten dollars, and he shall besides be

liable in tenfold damages to any person injured by his conduct. Eev. Laws, 1925, ch. 249, p. 1426.

Sec. 4248°. False weight or measure.—"V\Tioever, in the sale or purchase of any merchandise or other property, shall use any false weight or measure; or cheat another by the fraudulent use of any

legal weight or measure; as for example, by dexterously sliding a yard stick, or by putting some other thing into a measure partly

to fill the same, even though the vendee and vendor be present, is guilty of a gross cheat.

Sec. 4251 (al901). Punishment.—Whoever is convicted of a gross

cheat shall be punished by imprisonment of not more than one year, or by a fine not exceeding one thousand dollars.

Sec. 4252°. Civil remedy not a bar.—No person shall be exempted

from criminal prosecution for gross cheating, by reason of the party

cheated having a remedy against him by civil action. Rev. Laws, 1925, ch. 250, p. 1431.

Sec. 4259 (1919). Bread, weight of loaf; variations; twin loaves; penalty.—A loaf of bread for sale shall be one pound in weight. Bread,

unless chiefly composed of rye or maize, shall not be manufactured

for sale or sold except in the following net weights twelve hours

after baking: Three-quarters pound; one poimd; one and a half

pounds ; two pounds or other pound weights.

Variations at the rate of one ounce per pound over and one ounce

per pound under the above specified weights are permitted in individual loaves, but the average weight of not less than twenty-five

loaves of anj one unit of any one kind shall be not less than the

weight prescribed by this chapter.

Twin or multiple loaves may be sold, provided they conform to the

above weight requirements.

Whoever violates any provision of this chapter shall be guilty of a misdemeanor and punished by a fine of not more than twenty-five

dollars for each ofi'ense. Rev. Laws, 1925, ch. 76, p. 455.

Sec. 994 (al915). Net contents to te marked.—* * * Any drug or

article of food shall also be deemed to be misbranded within the

meaning of this chapter when in package form, if the quantity of the

contents be not plainly and conspicuously marked on the outside of

the package in terms of weight, measure or numerical count: Provided, however, That reasonable exemptions shall be permitted, and

tolerances and also exemptions as to small packages shall be established by rules and regulations made by the board of health.
IDAHO

Comp. Stats., 1919, Vol. 1, ch. 17, p. 83.

Sec. 276 (1919). Department of agriculture, powers and duties.—The

department of agriculture shall have power ; * * *

9. To exercise the rights, powers and duties vested by law in

the State sealer of weights and measures and his deputies and assistants.

15. To establish and promulgate standards for open and closed

receptacles for farm products and standards for the grade and other

classification of farm products.

16. To prescribe and promulgate rules and regulations governmg the marks, brands, and labels which may be required upon receptacles for farm products.

36. To establish standards of weights and measures and enforce

compliance therewith.

Comp. Stats., 1919, Vol. 1, oh. 118, p. 734.

Sec. 2555 (al919). State standards, care and custody; county and

municipal standards.—-The department of agriculture shall have the

care and custody of the authorized public standards of weight and

measures and of balances and other apparatus of all kinds owned by

the State. It shall maintain the State standards in good order and

submit them at least once in every ten years to the National Bureau

of Standards for verification. It shall compare and adjust by the

State standards all coimty, mimicipal, and other ofiicial standard

Aveights, measures, balances and measuring devices which may be

sent or brought to it for that purpose, and shall seal the same when

found or made to conform to the State standards, by stamping upon

each the letter ' I " and the last two figures of the year in which the

said comparison and adjustment have been made, with seals which

it wiU have and keep for that purpose : Provided^ That it may re- fuse to compare and seal any weights, measures, balances or measuring devices as standards for any county, municipality or public offices which do not conform to the type approved by the National

Bureau of Standards for such use. It shall enforce all laws now

existing or which may hereafter be enacted in any mamier whatever

relating to weights and measures and false weights.

Sec. 2556. Inspection of weights and measures.—Tlie department of

agriculture may try and prove weights, measures, balances and other

measuring devices on request, for any person, corporation or insti- tution, and when the same are foimd or made to conform to the

State standards, and otherwise fulfill such reasonable requirements

as it shall make, the department may seal the same with a seal which

it shall have and keep for that purpose.

Sec. 2557. Eecord and report; regulations.—The department of agriculture shall keep a record of all of the weights, measures, balances

193
194 LAWS CONCEKNISTG WEIGHTS AND MEASXJEES

or other measuring devices, sealed or condemned by it, and shall make

an annual report to the governor on or before January first, of each

year, a copy of which shall be filed with the National Bureau of

Standards. It shall issue, from time to time, regulations for the

guidance of county, municipal and all other inspectors or sealers of weights and measures, and the said regulations shall govern

the procedure to be followed by the aforesaid officers in the

discharge of their duties.

Sec. 2558. Record of apparatus to be kept; biennial report.—The department of agriculture sjiall keep records of all weights and

measures, balances and measuring devices inspected, sealed or con- demned by it, giving the name of the owner or agent, the place of

business, the date of inspection, and kind of apparatus so inspected,

sealed or condemned, and shall make a biennial report of the same

to the governor on or before the first day of December, giving in

addition to the above, an inventory of the standards and apparatus

in its possession, and such other information as the department

may deem important.

Sec. 2559. Free testing service; disposal of condemned apparatus.—The

department of agriculture shall try and prove aU weights, measures,

balances and measuring devices used in the State of Idaho without

charge, and when the same are found or made to conform to the

authorized standards, it shall seal and mark such weights, measures,

balances and measuring devices with a seal to be kept by it for that

purpose. Where any weight, measure, balance or measuring device

is found to be false or untrue, or which does not conform to the

standards, or which can not be made to conform to the standards

by such means as the department may have at its disposal, it shall condemn the same and mark it condemned in a conspicuous manner,

and such condemnation mark shall not be removed or defaced, except

by authorization of the said department.

Sec. 2560. Authority to enter premises.—The department of agricultui-e through its officers, shall have full power to enter any premises

in or on which any weights, measures, balances or measuring devices

may be located or used for the purpose of trade, for the purpose

of inspecting, adjusting and sealing or condemning the same.

Sec. 2561. State standards.—Such standard weights and measures

as have been furnished to this State by the government of the

United States, in accordance with a joint resolution of Congress,

approved June 17 [14], 1836, and such weights, measures, balances

and measuring devices as may be received from the United States

as standard weights, measures, balances and measuring devices, in

addition thereto or in rencAval thereof, shall be the authorized standards of the State of Idaho.

Sec. 2562. Units of measures of length and surface.—The units of

standard measures of length and surface from which all other measures of extension, whether linear, superficial or solid, shall be

derived and ascertained, are the standard of length designated in

this chapter. The yard is divided into three equal parts called feet,

and each foot into 12 equal parts called inches. For measures of

cloth and other commodities commonly sold by the yard, the yard

may be divided into halves, quarters, eighths and sixteenths. The

rod pole or perch contains 5% yards; the mile, 1,760 yards; the chain
IDAHO 195

for measuring land is 22 yards long and is divided into 100 equal

parts called links. The acre of land measure shall be measured

horizontally and contain 10 square chains, equivalent in area to a rectangle 16 rods in length and 10 rods in breadth; 640 acres being

contained in a square 'mile. Sec. 2563. Standards of weight.—The units of standards of weight,

from which all other weights shall be derived and ascertained, shall be the standard weights designated in this chapter. The hundredweight consists of 100 avoirdupois pounds, and a ton contains 20

hundredweight. Whenever, hereafter in this chapter the word

" pound " is used, it shall mean the avoirdupois pound, unless otherwise distinctly specified.

Sec. 2564. TTnits of capacity for dry commodities.—The units of standards of measure of capacity for commodities, not liquids, from which

all other measures shall be derived and ascertained, shall be the

standards for such commodities designated in this chapter. The

peck, half-peck, quarter-peck, quart, pint and half-pint measures for

measuring commodities which are not liquids shall be derived from

the half-bushel by successively dividing that measure by two.

Sec. 2565. Units of capacity for liquids.—The units of standards of measures of capacity for liquids, from which all other measures shall

be derived and ascertained, shall be the standard liquid measures

designated in this chapter. The liquid gallon shall be divided by

continual division by the number 2 so as to make half-gallons, quarts,

pints, half-pints and gills. See. 2566. Standard electrical measures.—The standards of electrical measures recognized by the National Bureau of Standards, when

procured by the State, shall be the standard of electrical measures

in the State of Idaho.

Sec. 2567. Metric system legal.—The weights and measures of the

metric system shall be legal weights and measures in the State of

Idaho.

Sec, 2568, as amended by Laws, 1921, ch. 167, p. 362, Standard weights

established,—Whenever any of the following articles shall be con- tracted for, or sold, or delivered, and no special contract or agree- ment shall be made to the contrary, such sale and all computations

for payment or settlement therefor shall be by weight.

The net weight per barrel or bushel, or divisible merchantable

quantities of a barrel or bushel, shall be as follows:

Wheat flour, per barrel, 196 pounds; per half-barrel, 98 pounds;

per quarter-barrel sack, 49 pounds; per one-eighth barrel sack, 24

pounds; per one-sixteenth barrel sack, 12 pounds.

Corn meal, per bushel sack, 48 pounds; per half-bushel sack, 24

pounds; per quarter-bushel sack, 12 pounds.

Of the following articles per bushel

Pounds Pounds Wheat

Rye

Indian corn, in the ear. KaflBr corn Bice corn

Corn, shelled Sorghum seed Buckwheat

Sweet potatoes

60

5670

56

56

56

505050

Turnips

Flaxseed

Onions

Salt Castor beans

Hemp seed Native blue-grass seed-. English blue-grass seed. Timothy seed

5556

5780

4644

1422

45
196 LAWS CONCEENING WEIGHTS AND MEASURES

Pounds Dried peaches 33 Dried apples 24 Barley 48 Malt 32 Oats 32 Bran 20 Beans 60

Clover seed 60 Hungarian and millet seed 50 Potatoes 60

Green apples 48

Pounds Unslacked lime 80

Plastering hair, unwashed 8 Plastering hair, washed 4 Parsnips 50

Carrots 50 Beets 56 Tomatoes 58 Peaches 48

Shelled dried peas 60

Alfalfa seed 60

Sec. 2569 (1883). Standard of measurement for stone masonry.—The

perch is the standard of measurement of stone masonry and contains I61/2 solid feet. Sec. 2570 (al913). Standard cord.—Unless otherwise especially agreed

upon, a cord of wood shall contain 128 ctibic feet, 8 feet long, 4

feet high and 4 feet wide.

Sec. 2571 (1913). Contracts, sales or purchases, hov/ construed.—All

contracts, sales or purchases hereafter made for work to be done, or for anything to be sold or delivered or done, by weight or measure, within this State, shall be taken and construed in terms of, and

according to, the standards of weights and measures adopted by

this chapter, except where parties have agreed upon any other

calculations or measurements; and all statements and representations of any kind referring to the weights or measures of commodities sold or purchased, or exposed for sale, shall be undei"stood in

terms of the standards of weights or measures aforesaid.

Sec. 2572. Dry commodities; how sold.—All dry commodities, not

otherwise specified in this chapter, shall be sold only by standard

and dry measure, standard weight, or numerical count, except where

parties otherwise agree.

Sec. 2573 (1905). Apple boxes.—A box or packet of apples shall contain 2,150.42 cubic inches.

Sec. 2574 (al913). Berry boxes.—Berries and small fruits, whenever

sold in boxes, shall be sold in boxes containing a standard dry quart

or dry pint, and if said boxes contain less than this amount, the

information must be given to the purchaser, and such packages

must be labeled with a statem.ent of the net contents.

Sec. 2575. Milk and cream.—All milk or cream that shall be sold in

bottles shall be sold only in bottles containing half-pints, pints,

quarts, half-gallons or gallons. All other liquid commodities shall be sold only by standard liquid measure or standard weight, except

where parties otherwise agree.

Sec. 2576. Lard pails.—Each pail or bucket of lard, lard-compound,

or lard substitute offered or exposed for sale in the State of Idaho,

shall have the net weight plainly stamped upon the label in letters not less than a quarter-inch high.

Sec. 2577. Bread, standard loaf ; loaves not full weight.—A whole loaf

of bread for sale shall not be less than 16 ounces in weight, 24 hours

after baking. Bread, unless composed in chief parts of rye or maize,

shall be sold only in whole and half loaves, and not otherwise.

Bread, when sold, shall, upon the request of the buj'er, be weighed

in his presence, and if found deficient in weight, additional bread

shall be delivered to make up the legal weight, except that this

section shall not apply to rolls or to fancy bread weighing less than
IDAHO 197

one-quarter of a pound. Every loaf or half loaf of bread which

does not weigh the full weight required hj this section shall be

plainly labeled with the exact weight.

Sec. 2578.^ Butter, weight; how marked.—A print or package of butter shall contain 16 ounces avoirdupois, and when a print or package of butter containing less than 16 ounces avoirdupois shall be

sold, its net weight shall be disclosed by the seller to the buyer

and a statement of the net weight be distinctly printed on the

wrapper thereof.

See. 2579. Sale and delivery prima facie representation; variations, or

tolerances, how ascertained; not applicable to packed meats.—The sell- ing and delivery of any commodity or article of merchandise shall be prima facie evidence of representations on the part of the vendor

that the quantity sold and delivered was the quantity bought by

the vendee. There shall be taken into consideration the usual and

ordinary leakage, evaporation or waste that may take place from

the time the package is filled by the vendor until the selling of the same; a slight variation from the stated weight, measure or quantity for individual packages is permissible, provided this variation

is as often above as below the weight, measure or quantity stated or

represented, except that this section shall not apply to meats packed

in sacks, crates or boxes.

Sec. 2580. Penalty for interference.—Whoever hinders, obstructs, or

in any way interfei'es with any sealer or other person authorized

to inspect weights and measures, while in the performance of said

inspection, or whoever fails to produce, upon demand by such au- thorized sealer or inspector, all weights and measuring devices in or upon his pi ace of business or in his possession for use in manufacture or trade, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be subject to a fine of not less than $5 nor more than $100.

Sec. 2581. Using false apparatus or marking false weight or raeasure, penalty.—Any person, persons, firm or corporation, who shall use any

false scales, beam, weight or measure, or who shall mark or stamp

false weight or measure on any container, package or cask, or who

shall sell, offer for sale, or have in his possession for sale, any article which does not conform to the United States standards or the standards designated in this chapter, or neglects, fails to conform with, or violates any of the provisions of this chapter, shall be guilty of

a misdemeanor, and upon conviction, shall be fined not to exceed

$300 for each offense, or imprisoned in the county jail not exceeding

90 days.

Comp. Stats., 1919, Vol. 1, ch. 163, p. 1115.

Sec. 3939 (al915). Powers of municipal corporations.—In addition to the powers hereinbefore granted under the provisions of this chapter, any municipal corporation may, by ordinance or by-laws, exercise

the powers prescribed in the following sections, 3940 to 3973,

inclusive.

Sec. 3958. Regulation of weights and measures.—Establish standard

weights and measures, and regulate the weights and measures to be

used in the municipality, and to regulate the weighing and measurI See also sec. 1736 infra, p. 201.
198 LAWS COKCEKNING WEIGHTS AND MEASURES

ing of every commodity sold in the municipality, in all cases not

otherwise provided by law.

Sec. 3959. Inspection of hay, grain, and fuel.—Provide for the in- spection of hay, grain and coal, and the measuring of wood and fuel

to be used in the municipality, and to determine the place or places

of the same, and to regulate and prescribe the place or places of

exposing for sale, hay, coal and wood; to fix the fees and duties of

persons authorized to perform the duties named in this section.

Sec. 3995 (al919). Municipality may establish inspection department;

verification of standards.—Any municipality in the State may establish a department of public inspection of weights and measures, and

shall have power to appoint a sealer and deputies and fix their compensation, and to pass such ordinances not in conflict with the State

laws as may be deemed necessary ; and if a city or municipality shall establish such a department it shall provide the sealer with suitable

quarters, a set of standards to be specified by the department of agriculture, and all other equipment for the proper performance of his

duties. All municipal standards shall be tried, proved, and sealed

under the direction of the department of agriculture, and shall be

returned to him [it] for verification at least once every five years. They shall make reports to the department of agriculture on blanks

to be furnished by it on or before the 1st day of September of each

year.

Sec. 3996 (1917). Municipal wagon scales; establishment.—The city

council of any city or the board of trustees of any Adllage of the

State of Idaho are authorized and empowered to buy, establish

and maintain public wagon scales in such municipality, and the

said citj' council or board of trustees are authorized and empowered

to buy and maintain scales alreadj'^ in use in the said municipality,

the same to be used and maintained as a public wagon scale in such

municipalit}' for the public use therein.

See. 3997. Same ; maintenance ; weighmaster.—The city council of any

city or the board of trustees of any village or any such municipality

wherein such public wagon scales are maintained shall have control

of such scales and shall make such rules or regulations in regard to the maintenance and use of the same as they shall deem proper, and

the said city council or board of trustees shall biennially appoint a public weighmaster. Avhose duty it shall be to have charge of such

scales and properly weigh all articles and commodities thereof

[thereon] as hereafter provided and give a statement to such person

applying to have such articles weighed, and such statement shall be

prima facie evidence of the correct weight of such articles or commodities; and the city council or board of trustees shall fix the

compensation of said weighmaster. which compensation shall be

paid out of the treasury of such municipality, and shall, from time

to time, fix the price to be charged for weighing any article or com- modity thereon, and the weighmaster shall collect such charge at the time of weighing such articles or commodities and shall, at the

end of each month, pay all mone3''s collected by him for such charge

into the treasury of the municipality and file with the clerk of such

municipality a statement of the amount of all such moneys collected.
IDAHO 199

Comp. Stats., 1919, Vol. 1, ch. 150, p. 971.

Sec. 3470 (al917). Public wagon scales.—The county commissioners

of any countj' outside of any incorporated city or village may, upon

petition of ten freeholders in any county within the State of Idaho,

establish and maintain public wagon scales at such point within such

county as may be designated in said petition : Provided^ That the

persons signing the petiton shall certify that the petitioners regularly

deliver their produce to the point designated in said petition.

Sec. 3471. Eegulation of wagon scales; weighmaster.—The county

commissioners of such county wherein such public scales are maintained shall have control of such scales and shall make such rules

and regulations in regard to the maintenance and use of the same

as they shall deem proper, and the said county commissioners shall appoint as many public weighmasters as they may deem necessary

and fix their comiDensation. Such weighmasters shall have charge of

such scales and properly Aveigh all articles and commodities thereon

and give a statement to such persons applying to have such article or commodity weighed, and such statement shall be prima facie evidence of the correct weight of such articles or commodities. They

shall collect such charge at the time of weighing such article or commodity as shall be fixed by the board of county commissioners,

and at the end of each month make a written report of all moneys

collected by them for such charge and pay to the treasurer of such

county all of such funds: Provided^ however^ such weighmaster

shall retain as his compensation such portions of the above moneys

which he has collected as maj^ have been fixed by the*board of county

commissioners.

Sec. 3472. Establishment by individuals; maintenance by county.—If

the aforesaid petitioners or a less number desire to establish a public wagon scale and dedicate the same to the public use, they may

do so at their own expense, and such public scale shall be subject to the same rules and regulations and all of the provisions of this article as though originally established by and at the expense of the board of

county commissioners, or the board of county commissioners may

contribute any parts of the expense of erecting such public wagon

scale, and the persons desiring the same shall pay the balance of such

purchase price : Provided^ That in case either method hereinbefore

mentioned is adopted in establishing the wagon scale, the said scale

shall become the property of the county in which it is situated and be

subject to the rules and regulations of the boards of county commissioners and all of the provisions of this article relating to county public wagon scales.

Sec. 3473. Expenses paid from and receipts credited to current expense

fund.—Any expense incurred under tlie provisions of this article re- lating to county public wagon scales, except compensation to weighmasters, which, in all cases, shall be paid as provided in section 3471,

shall be paid out of the current expense fund of the said county, and

all moneys received from weighing charges as herein provided shall

be credited to the current expense fund of the county in which such

scale is situated.

Sec. 3474. Weighmaster's statement.—All statements issued by any

weighmaster under the provisions of this article shall be made in

triplicate, one copy of which shall be retained by the weighmaster.
200 LAWS CONCERNING WEIGHTS AND MEASURES

one copy shall accompany the report to the county commissioners,

and the original statement shall be given to the person for whom

such weighing was done. Such statement shall be in substantially

the following term : County public weighing scale No. Receipt No.

Location —_ Date

"Weighed for

Quality of article or commodity

Gross weight Tare

Net weight Weighing charge

Signed

Weighmaster.

Gomp. Stats., 1919, Vol. 2, ch. 308, p. 2350.

Sec. 8491°. False weights and measui-es.—A false weight or measure

is one which does not conform to the standard established by the

laws of the United States of America.

Sec. 8492. Selling by.—Every person who knowingly sells any goods, wares or merchandise, or any valuable thing, by false weight or measure, or knowingly uses false measures at any mill in taking toll for grinding corn, wheat, rye or other grain, is guilty of a misde- meanor.

Sec. 8493. Using false weights or measures.—Every person who uses any weight or measure, knowing it to be false, by which use another

is defrauded or otherwise injured, is guilty of a misdemeanor.

Sec. 8494. Stamping false weight on packages.—Every person who

knowingly marks or stamps false or short weight or measure, or

false tare, on any cask or package, or knowingly sells or offers for

sale any cask or package so marked, is guilty of a misdemeanor.

Sec. 8495. Sales by ton or pound; full weight must be given.—In all sales of coal, hay and other commodities, usually sold by the ton or

fractional parts thereof, the seller must give to the purchaser full weight, at the rate of two thousand pounds to the ton: and in all sales of articles which are sold in commerce by avoirdupois weight

the seller must give to the purchaser full weight, at the rate of six- teen ounces to the pound, Any person violating this section is guilty of a misdemeanor.

Sec. 8496 (1885). Fraudulent scales for weighing or assaying ores.

Every person, association or corporation, or the agent of any person,

association or corporation, engaged in the business of milling, sampling, concentrating, reducing, shipping or purchasing ores, who

keeps or uses any false or fraudulent scales or weights for weighing

ores, who keeps or iises any false or fraudulent assay scales or weights for ascertaining the assay value of ore, knowing them to be

false, is guilty of a misdemeanor and is punishable by a fine in any sum not exceeding one thousand dollars, or by imprisonment in the

county jail for a term of not more than one 3- ear nor less than one month, or by both such fine and imprisonment.

Sec. 8497. Fraudulent alteration of value of ores ; fraud in sale of ore.

Every person, corporation or association, or the agent of any person,

corporation or association, engaged in milling, sampling, concentrating, reducing, shipping or purchasing ores in this State, who in any manner knowingly alters or changes the true value of any ores de- livered to him or them, so as to deprive the seller of the result of the
IDAHO 201

correct value of the same, or who issues any bill of sale or certificate of purchase that does not exactly and truthfully state the actual

weight, assay value and total amount paid for any lot or lots of ore purchased, or who, by any secret understanding or agreement with

another, issues a bill of sale or certificate of purchase that does not

exactly and truthfully state the actual weight, assay value and total amount paid for any lot or lots of ore purchased, or who, by any

secret understanding or agreement witii another, issues a bill of sale or certificate of purchase that clo^ not truthfully and correctly set forth the weight, assay value and total amount paid for any lot or

lots of ore purchased by him, is guilty of a misdemeanor, and shall be punished as provided in the preceding section.

Coiap. Stats., 1919, Vol. 1, ch. 70, p. 464.

Sec. 1692 (1911). " Misbranded " defined.—For the purpose of this

article food shall be deemed to be misbranded

?j. *******

If in package form, and the contents are stated in terms of

weight or measure, the net weight or measure is not plainly or

correctly ******* stated on the outside of the package.

Sec. 1727. Weight of milk.—A pint of milk shall weigh one pound

strong and a quart of milk shall weigh two pounds strong and shall not be sold otherwise.

Sec. 1728. Penalties.—Any person, or persons, corporation or cor- porations violating, or who shall fail to comply with the preceding

sections, numbered 1705 to 1727 inclusive, or any part, provision

or section thereof, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not less than $10 and

not exceeding $300, or hj imprisonment in the county jail for a period not exceeding six months, or both such fine and imprisonment.

Sec. 1729 (al909). Milk cans to have tag showing capacity; violation;

punishment,—* * * Every person or corporation who shall en- gage in the business of purchasing or dealing in milk shall attach

in a permanent manner to each can furnished by him or the producer, a tag containing in plain figures a correct statement of the

capacity thereof. Any neglect or failure or false statement on the

part of the proprietor or manager of such creamery, cheese factory,

dairy or milk vendor or milk peddler, shall be considered a misdemeanor, and upon conviction thereof the person guilty shall be punished as provided in section 1679 : * *

*

Sec. 1736 (1905). Weight of butter.—Each package of butter of- fered or exposed for sale shall have stamped upon the wrapper or package, the actual number of ounces contained in said package.

Each square or roll of butter kept, exposed or offered for sale in

the State of Idaho, which is represented to contain one pound in

weight, shall contain full sixteen ounces; and each square or roll of

butter kept or offered for sale in the State of Idaho, which shall be

represented to contain two pounds in weight shall contain full thirtytwo ounces.^

See sec. 2578 supra, p. 197.
202 LAWS CONCEKNING WEIGHTS AND MEASURES

Sec. 1738 (al915). Method of testing cream.—All cream sold in the

State of Idaho for manufacturing purposes shall be tested for butter

fat by the following prescribed method: The Babcock test shall

be employed, and samples used in testing shall be weighed on a

suitable scale or balance, and where 18 grams are used as a sample

the same shall be tested in a 9-inch bottle graduated to at least

0.5 per cent, or where 9 grams are used as a sample the same shall be tested in a 6-inch bottle gradiaated to at least 0.5 per cent, also graduated to give full reading of the test, and in all tests the column

of butter fat shall be read at a temperature of not less than 120

degrees Fahrenheit.

Sec. 1740. Check to show number of pounds purchased.—Every person,

corporation or company operating a creamery, Vv^hen using the Babcock test as a standard to determine tlie value of any milk or cream

received or bought by such person, corporation or company to be

manufactured into butter, shall, when paying for such milk or cream, include in every statement or check issued to any patron in

])ayment therefor a statement of the number of jjounds of butter fat for which payment is made.

Sec. 1741. Apparatus to be correct.

Any manufacturer, merchant,

dealer or agent in this State who shall offer for sale or sell a milk

pipette or measure, test tube or bottle which is not correctly marked

or graduated, as herein provided, shall be guilty of a misdemeanor.

See. 1744. Penalties.—Whoever shall violate any of the provisions of

sections 1738 and 1743, inclusive, shall be guilty of a misdemeanor

and upon conviction thereof shall be punished hy a fine of not less than $25 nor more than $200, for each and every offense, or be

imprisoned in the county jail not less than 30 days nor more than

60 days, or both such fine and imprisonment.

Laws, 1925, ch. 224, p. 435.

Sec. 6. Babcock test.—Every person testing milk or cream to determine the milkfat as a basis of fixing the purchase price shall secure

a tester's license from the department and shall make such tests only

by such process as has been approved by the department, and no per- son shall make such tests without such license, and other than by such

process. Each applicant for such license shall be required to submit

to examination or by actual demonstration show that he is competent

to test cream and milk according to the regulations prescribed by the

department. The department shall furnish at cost to each licensee one standard test bottle and one standard pipette adapted to the use of

the testing machine approved for the licensee. Said bottle and pipette

shall be certified to by the department as a standard and shall bear

the official stamp of the department. Any person not a licensee may

secure test bottles and pipettes from the department at cost. The

fee for each license shall be $2.50 per year. With the approval of

the department any licensee may appoint a person to act for him not

to exceed a period of fourteen days.

Sec. 7. Unlawful to falsely manipulate test.—No person shall falsely

manipulate or misread the Babcock test or any other milk or cream

testing apparatus. Tlie writing of a check or payment of money by

such person for cream or milk shall constitute prima facie evidence

that such test was made.
IDAHO 203

Sec. 16. Repeal.—Sections 1739 and 1743 of the Idaho Compiled

Statutes, and all other acts or parts of acts in conflict herewith, are hereby repealed.

Comp. Stats., 1919, Vol. 1, ch. 86, p. 568.

Sec. 2032 (1917). Standards for farm products and receptacles.—After

investigation and public hearing the department of agriculture may,

from time to time, as far as practicable, establish and promulgate

standards for open and closed receptacles for farm products and

standards for the grade and other classification of farm products,

by which their quantity, quality or value may be determined, and

prescribe and promulgate rules and regulations governing the marks,

brands and labels which may be required upon receptacles for farm

products for the purpose of showing the name and address of the

producer or packer, the quantit}^, nature and quality of the product,

or any of them, and for the purpose of i:)reventing deception in ref- erence thereto: Provided^ That any standard for any farm product

or receptacle therefor or any requirement for making receptacles for

farm products now or hereafter established under authority of the

Congress of the United States, shall forthwith, as far as applicable

and practicable, be established or prescribed and promulgated by

the department as the official standard or requirement in this State: Provided, further, That no standard established or requirement for

marking prescribed under this article shall become effective until

the expiration of six months after it shall have been pronmlgated.

Sec. 2038 (1919). Fruit boxes, how marked; misuse of labels.—It shall be the duty of every person growing or packing and selling, offering

for sale [or] shippmg in closed boxes or packages, any fruit grown

in this State, to plainly mark the same on the outside of the box or package with the name of the variety contained therein or with the

words variety unknown," the name of the place or locality where

grown and the name of the grower, or, in case of sale or shipment

through an association or organization of growers, the name of such

association, and the lot number of the grower, and, in case of apples,

pears or peaches, the net weight or the number contained in the

package, * * * Provided. That nothing in this section shall be

. onstrued to apply to canned or dried fruit.

Sec. 2057 (1917). Sacked products to be sold by weight.—The buyer

of grains, vegetables or other farm products sold by weight in sacks

bhall have the right to deduct the net weight of the sacks from the

total weight before settling for the same: Provided, That when the

weight of the said sacks are so deducted said sacks shall belong to the seller, and the buyer shall so mark the said sacks as to identify

them properly and return them to the seller within sixty days thereafter upon the seller paying the return freight charges on the same

from the point of unsacking: Provided, further. That this law shall not apply where no deduction is made for the weight of the sacks.

Sec. 2058. Violation, penalty.—Any buyer, as mentioned in the pre- ceding section, who violates the provisions thereof shall pay to the

seller named therein the retail price of all sacks not returned within

the sixty days, as provided, and if suit shall be started to recover the same he shall pay ten per cent in addition as liquidated damages and

also a reasonable attorney's fee and costs.
204 LAWS CONCEENING WEIGHTS AND MEASUBES

Comp. Stats., 1919, Vol. 1, ch. 115, p. 663.

Sec. 2468 (1913). Service of electric, gas, and water corporations;

determination of standards.—The commission [public utilities commission] shall have power, after hearing had upon its own motion or upon complaint, to ascertain and fix just and reasonable standards,

classifications, regulations, practices, measurements or service to be

furnished, imposed, observed and followed by all electrical, gas and

water corporations; to ascertain and fix adequate and serviceable

standards for the measurement of quantity, quality, pressure, initial voltage or other condition pertaining to the supply of the product,

commodity or service furnished or rendered by any such public

utility; to prescribe reasonable regulations for the examination and

testing of such product, commodity or service and for the measure- ment thereof ; to establish reasonable rules, regulations, specifications

and standards to secure the accuracy of all meters and appliances for

measurements; and to provide for the examination and testing of

any and all appliances used for the measurement of any product,

commodity or service of any such public utility.

Sec. 2470. Consumer may have commodity or appliance tested.—Any

consumer or user of any product, commodity or service of a public

utility may have any apj)liance used in the measurement thereof

tested upon paying the fees fixed by the commission. The commission shall establish and fix reasonable fees to be paid for test- ing such appliances on the request of the consumer or user, the

fee to be paid by the consumer or user at the time of his request,

but to be paid by the public utility and repaid to the consumer or

user if the appliance is found defective or incorrect to the disadvantage of the consumer or user under such rules and regulations as may be prescribed by the commission.

Comp. Stats., 1919, Vol. 2, ch. 217, p. 1579.

Sec. 5557 (1899). Measurement of water.—A cubic feet of water per

second of time shall be the legal standard for the measurement of

water in this State, and it shall be the duty of the department of

reclamation to devise a simple, uniform system for the measurement

and distribution of water. Comp. Stats., 1919, Vol. 1, ch. 112, p. 656.

Sec. 2344 (1903). Official seats of inspectors.—The inspector of lumber district number one shall keep his office at Sandpoint, Idaho ; of

district number two, at Harrison, Idaho ; of district number three, at Princeton, Idaho; of district number four, at Emmett, Idaho; of

district number five, at Lewiston, Idaho.

Sec. 2346. Measuring lumber.—Each lumber inspector shall, in per- son or by deputy, at the request of any owner of logs, timber or lumber, after a scalement or measurement thereof, make a bill stating

therein the number of logs, the number of feet, board measure, con- tained in such logs and limaber, and the number of feet, cubic running,

or board measure, contained in said timber, and at whose request the same were scaled or measured, and to whom scaled or measured, a copy of Avhich he shall enter upon the books of his office, to be provided by him and kept for that purpose, with the marks as they

occurred upon the logs. A correct bill of the same shall be given to
IDAHO 205

such owner, with a certificate thereto attached that it is a true and

correct bill, which bill so certified shall be presumptive evidence of

the facts therein contained and of the correctness of such scalement

or measurement in all courts, except in favor of the inspector who

made the same.

Sec. 2347. Allowance for rotten logs ; accounts of deputies.—Each lumber inspector and his deputies shall, in surveying or measuring logs,

make such allowance for hollow, rotten or crooked logs as would

make them equal to good, sound, straight, merchantable logs : and all logs that are straight and sound are to be measured at their full size,

inside the bark at the small end. Each lumber inspector shall re- quire of each of his deputies, at the end of each month, a correct ac- count of all the logs, lumber or timber measured by him during the

month next preceding, and he shall immediately enter such account

upon the books of his office. Sec. 2348 (al919). Standard of log measurement.—Unless otherwise

agreed upon, the Scribner decimal C rule shall be the standard rule

for scaling or measuring logs in the said districts ; but in all cases the bill of the inspector shall state by what rule the logs were scaled or measured.
ILLINOIS

Smith's Revised Stats., 1921, ch. 147, p. 2002.

Sec. 1 (al921). State standard of weights and measures.—The weights

and measures received from the United States under joint resolutions of Congress approved June 14, 1836, and July 27, 1866, to wit, one yard measure, one standard half bushel containing one thousand

and seventy-five and twent3^-one hundredths standard cubic inches, one standard wine gallon containing two hundred and thirty-one

standard cubic inches, one-half gallon, one wine quart, one wine pint, one wine half pint, one set of avoirdupois weights, consisting of

fifty, twenty-five, twenty, ten, five, four, three, two and one pounds,

and from eight ounces down to one dram; one set of troy weights,

from five thousand pennyweights down to half a grain and from one pound down to the ten-thousandth part of an ounce, and such new

weights and measures as shall be received from the United States as standard weights and measures in addition thereto or in renewal

thereof, and such as shall be supplied by the State in conformity

therewith and certified by the National Bureau of Standards, shall be the State standards of weights and measures.

See. 2. Office standard to be kept in office of director of trade and commerce; verification.—In addition to the State standards of weights

and measures, provided for above, there shall be supplied by the

State at least one complete set of copies of these, to be kept at all times in the office of the director ci trade and commerce, and to be

known as office standards; and such other weights, measures and

apparatus as may be found necessary to carry out the provisions of

this act, to be known as working standards. Such weights, measures, and apparatus shall be verified by the director of trade and commerce upon their initial receipt, and at least once in each

year thereafter the office standards shall be verified by direct comparison with the State standards, the working standards by comparison with the office standards. When found accurate upon these

tests, the office and working standards shall be sealed by stamping on them the letter " ILL " and the last two figures of the year with

seals which the director of trade and commerce shall have and

keep for that purpose. The office standards shall be used in making all comparisons of weights, measures, and weighing -or measuring devices submitted for test in the office of the director of trade

and commerce, and the State standards shall be used only in verifying the office standards and for scientific purposes.

Sec. 3. Safekeeping of standards.—The director of trade and com- merce shall take charge of the standards adopted by this act as the

standards of the State, and cau'^e them to be kept in a fireproof building belonging to the State (or in a safe and suitable place in the office of the director of trade and commerce), from which they shall not

be removed except for repairs or for certification, and he shall take

206
ILLINOIS 207

all other necessary precautions for their safekeeping. He shall maintain the State standards in good order and shall submit them

at least once in ten years to the National Bureau of Standards for

certification. He shall keep a complete record of the standards, bal- ances and other apparatus belonging to the State and shall take a

receipt for the same from his successor in office. Sec. 4. Weights, etc., of cities to be tried and proved; inspection.—It shall be the duty of all cities in this State required to appoint in- spectors as provided for herein, at least once in five years, to forward to the office of standards at Springfield, Illinois, all standard weights, measures, and apparatus which may belong to said

cities, for the purpose of having the same tried and proved by the

office standards of this State, and upon receipt of same, the director

of trade and commerce shall try and prove said apparatus as herein

required, and he shall seal said weights, measures and apparatus

when found to be accurate by stamping on them the letters " ILL " and the last two figures of the year with seals which he shall have

and keep for that purpose.

The director of trade and commerce shall inspect all standard

vveights, measures, and other apparatus used by such cities, at least once in two years, and shall keep a record of the same. He shall, at least once in two years, visit the cities for the purpose and in order

to inspect the work of the city inspectors, and in the performance of

such duties he may inspect the weights, measures, balances, or any

other weighing or measuring devices of any citizen, firm or corporation, and shall have the same power as the city inspectors of weights

and measures. The director of trade and commerce shall issue fi'om time to time

regulations for the guidance of city inspectors, and the said regulations shall govern the procedure to be followed by the aforesaid in- spectors in the discharge of their duties.

Sec. 5. Supervision over weights, etc., sold ; tests on request ; State insti- tution tests.—The director of trade and commerce shall have and

keep a general supervision of the weights and measures and weighing or measuring devices offered for sale, sold, or in use in the

State. He shall, upon the written request of any"citizen, firm, or

corporation, or educational institution in the State, test or calibrate

weights, measures, and weighing or measuring devices used as standards in the State. He shall at least once annually test all scales,

weights, and measures used in checking the receipts or disbursements of supplies in every institution for the maintenance of which

moneys are appropriated by the legislature, and he shall report in

writing his findings to the director having jurisdiction over the in- stitution whose measuring devices are tested, and, at the request of

such director, the director of trade and commerce shall appoint in

writing one or more employees then in the actual service of the in- stitution who shall act as special deputies for the purpose of checking the receipts or disbursements of supplies.

Sec. 6. Who shall pay inspection fees.—No person shall be required to pay more than two inspection fees for any one scale in any one year

when found to be accurate. Whenever such inspection shall be made

upon the complaint of any person, other than the owner of the

517—26 14
208 LAWS COXCEBNING WEIGHTS AND MEASUEES

scale, and upon examination the scale is found by the inspector to be accurate for weighing, the inspection fee for such inspection shall

be paid by the person making complaint. Whenever a special re- quest is made for an inspection of a scale, the actual expenses of the same shall be paid by the owner of said scale, or by the person making the complaint, as herein provided.

Sec. 7. Power and duty of director of trade and commerce to inspect

weights, etc.—When not otherwise provided by law, the director of

trade and commerce shall have the power, and it shall be his duty,

in those parts of the State in which a city sealer is not required to be appointed hy the provisions of this act, to inspect, test, try, and

ascertain if they are correct all weights, measures, and weighing or measuring devices kept, offered, or exposed for sale, sold, or used

or employed by any proprietor, agent, lessee, or employee in proving

the size, quantity, extent, area, or measurement of quantities, things,

produce, or articles for distribution or consumption purchased or

offered or submitted by such person or persons for sale, hire, or ^ward ; and he shall have the power to and shall from time to time

weigh or measure and inspect packages or amounts of commodities

of whatsoever kind for the purpose of sale, offered or exposed for

sale, or sold or in the process of delivery, in order to determine

whether the same contain the amounts represented, and whether they

are offered for sale or sold in a manner in accordance with law. He

shall, at least once each year and as much oftener as he may deem

necessary, see that all weights, measures, and weighing or measuring devices used are correct. He may, for the purpose above mentioned, and in the general performance of his official duties, enter and go into or upon, and without formal warrant, any stand, place,

building or premises, or stop any vendor, peddler, junk dealer, coal

wagon, ice wagon, delivery wagon, or any person whatsoever, and

require him, if necessary, to proceed to some place which the director of trade and commerce may specify, for the purpose of making

the pro]Der tests. Whenever the director of trade and comimerce

finds a violation of the statutes relating to weights and measures,

he shall cause the violator to be prosecuted.

Sec. 8. Sealing and marking of measures.—Whenever the director of

trade and commerce compares weights, measures, or weighing or measuring devices and finds that they correspond, or causes them to correspond, with the standards in his possession, he shall seal or mark such weights, measures, or weighing or measuring devices with

appropriate devices.

Sec. 9. Inspection upon complaint.—Whenever complaint shall be

made to the director of trade and commerce that any false or in- correct scales, weights or measures are being made use of by any

person, fii'm or corporation in the purchase or sale of merchandise

or other commodities or in weighing any article or commodity, the

piece price paid for producing which is determined by weight or measure, it shall be his duty to cause the same to be inspected as soon as the duties of his office will permit, and he shall make such

other inspection of weights and measures as in his judgment is necessary or proper to be made.

Sec. 10. Seizure and destruction of incorrect weights.—The director of

trade and commerce shall condemn and seize, and may destroy.
ILLINOIS 209

incorrect weights, measures, or weighing or measuring devices which,

in his best judgment, are not susceptible of satisfactory repair; but

such as are incorrect and yet, in his best judgment, may be repaired,

he shall mark or tag as " Condemned for repairs." The owners or

users of any weights, measures, or weighing or measuring devices

of which such disposition is made shall have the same repaired and

corrected within ten days; and they may neither use nor dispose of

the same in any way, but shall hold the same at the disposal of the

director of trade and commerce. Any weights, measures, or weighing or measuring devices which have been condemned for repairs " and have not been repaired as required above, shall be confiscated

by the director of trade and commerce.

Sec. 11. Superintendent of standards; powers and duties.—The powers

and duties given to and imposed upon the director of trade and commerce herein are hereby also given to and imposed upon the

superintendent of standards and assistants, when acting under his

instructions and at his direction.

Sec. 12. Inspector of weights and measures.—There shall be an in- spector of weights and measures in each city of this State having

a population of 25,000 or more inhabitants, according to the last

official Federal census, who shall be appointed by the council of

said city in the manner in which other city oiiicers or employees are appointed; and power is hereby conferred upon such council to pass

such ordinance relative thereto and the duties to be performed by

such inspector as it may deem proper, the provisions of whicli

ordinance shall not be in conflict with the provisions of this act: Provided^ That nothing in this section contained shall be construed

to minimize the powers or curtail the duties of any city inspector

of weights and measures in any city of more than two hundred

thousand inhabitants, as provided by ordinances or regulations of

such city, nor to modify or repeal any such ordinances.

Sec. 13. City councils to procure weights and measures.—The council

of each city of this State required hereunder to appoint an inspector

of weights and measures shall procure, at the expense of the city,

and shall keep at all times, a set of weights and measures, and other

apparatus, as complete and of such materials and construction as the director of trade and commerce may from time to time direct. All such weights, measures, and other apparatus, having been tried

and accurately proved by the director of trade and commerce, shall be sealed and certified to by him as hereinbefore provided, and shall then be deposited with and preserved by the city inspector of weights

and measures as public standards for such city. Whenever the council

of such city shall neglect to procure such standards for six months,

the city clerk of said city, on notification and request by the director

of trade and commerce, shall provide such standards and cause the same to be tried, sealed and deposited at the expense of the city.

Sec. 14. Powers and duties of city inspector.—Where not otherwise

provided by law, the city inspector of Aveights and measures shall

have the same powers and shall perform the same duties within his

city as are granted to and imposed upon the director of trade and

commerce by sections 7, 8, 9 and 10 of this act. Sec. 15. Annual report of city inspector.—The city inspector of

weights and measures shall keep a complete record of all of his
210 LAWS CONCEKNING WEIGHTS AND MEASURES

official acts and shall make an annual report to the council of the

citj'', and an annual report, duly sworn to, on the first day of July,

to the director of trade and commerce, on blanks furnished by him,

and also any special reports that the director of trade and commerce may request.

Sec. 16. Power to arrest; seize property.—The director of trade and

commerce, his representatives, and the citj' inspectors of weights and

measures are hereby made special policemen and are authorized and

empowered to arrest, without formal warrant, any violator of the

statute in relation to weights and measures, and to seize and hold

for use as evidence in any action brought under the statute of this

State, or under any ordinances of a municipality, any short measure

or faulty and incorrect weight, scale or other instrument used for

weighing or measuring, or any commodity or article of merchandise

sold, offered or exposed for sale which is of less weight or measure

than it is represented to be by the vendor, his agent, or employee.

Such short measure, faultj^ or incorrect weight, scale or other instrument used for weighing or measuring, or such commodity or article

of merchandise (except perishable commodities or articles which

shall have become of no value) shall be released and returned to the owner thereof if no suit is commenced against such owner within

fifteen days of the date of such seizure.

Any person herein authorized, Avho shall make any such seizure, shall not be liable to the owner of the property seized for damages

caused by such seizure in any case where in fact any such measure

seized is short, or reasonable grounds exists for believing it so to be

or any weight, scale or other instrument used for weighing is faulty or incorrect, or reasonable grounds exists for believing it so to be; or any such scale, weight or measure, or any commodity or article

of merchandise, is of less weight or measure than it is represented, or reasonable grounds exists for believing it so to be. Upon the conviction of the defendant the court shall cause any

scale, weight or measure in respect wdiereof the defendant stands

convicted, and which remains in the possession or under the control

of the prosecutor or other person duly authorized, to be destroyed.

Sec. 17. Obstructing performance of official duties; penalty.—Any per- son who shall hinder or obstruct in any way the director of trade and

commerce, or any city inspector of weights and measures, in the per- formance of his official duties shall be guilty of a misdemeanor, and,

upon conviction thereof in any court of competent jurisdiction, shall be punished by a fine of not less than twenty dollars nor more than

two hundred dollars, or by imprisonment in the county jail for not more than three months, or by both such fine and imprisonment.

Sec. 18. Impersonating an official by use of seal, etc.; penalty.—Any

person who shall impersonate in any way the director of trade and

commerce, or any city inspector of weights and measures, by the use of his seal or counterfeit of his seal, or otherwise, shall be guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction, shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment

for not more than one j'ear, or by both such fine and imprisonment.

Sec. 19. Unlawful to sell commodities unless by weight or measure; meaning of terms.—It shall be unlawful to sell, except for immediate
TT,T,TyOIS 211

consumption on the premises, liquid commodities in any other manner than by weight or liquid measure, or commodities not liquid in

any other manner than by measure of length, by weight, or by nu- merical count, unless otherwise agreed in writing: by the mutual consent of the buyer and seller : Provided. Tioicever. That nothing m this

section shall be construed to preyent the sale of fruits, yegetables, and

other dry commodities in the standard barrel proyicled for in section

26 ; or of berries and small fruits in boxes as proyided for in secLioE

27: or of yegetables or fruits usually sold by the head or bunch in

this manner : Provided, further. That nothing in this section shall be

construed to apply to foodstuffs put up in original packages, nor to proprietary or package medicines which are not sold or offered for

sale as of any specific quantity of the commodity.

For the purposes of this section, the tei'm " original package " shall be construed to include a commodity in a package, carton, case, can

barrel, bottle, bos, phial, or other receptacle, or in coyerings or wrappings of any kind, put up by the manufacturer, which may be labeled

branded, or stenciled, or otherwise marked, or which may be suitable

for labeling, branding, or stenciling, or marking otherwise, making

one complete package of the commodity. The words " original package shall be construed to include both the wholesale and the retail package.

For the purposes of this section the term, commodities not liquid

shall be construed to include goods, wares, and merchandise, which

are not in liquid form and which haye heretofore been sold by measure of length, by weight, by measures of capacity, or by numerical

count, or which are susceptible of sale in any of these ways.

Sec. 20. Coal, etc., to be sold by weight; delivery tickets.—It shall be

imlawful to sell or offer to sell any coal. coke, or charcoal in any other manner than by weight. It shall be imlawful for any person to deliyer any coal. coke, or charcoal imless each such deliyery is accompanied by a deliyery ticket and a duplicate thereof, on each of which

shall be, in ink or other indelible substance, distinctly expressed in

pounds, the gT0>s weight of the load, the tare of the deliyery yehicle.

[and the quantity or quantities of coal. coke, or] ^ charcoal contained

in the yehicle u^ecl in such deliyeries, with the name of the purchaser

thereof, and the name of the dealer from whom purchased. One of

these tickets shall be surrendered to the director of trade and commerce, or any city inspector of weights and measures, upon his demand, for his inspection, and this ticket, or a weiglit slip issued by

him when he desires to retain the original, sliall be deliyered to the

said purchaser of said coal, coke, or charcoal, or his agent or representatiye at the time of the deliyery of the fuel ; and the other ticket shall be retained by the seller of the fuel. When the buyer carries

away the purchase, a deliyery ticket showing the actual number of

pounds deliyered to him must be giyen to him at the time the sale

is made.

Sec. 21. Weight of contents of package to appear thereon; exemptions;

meaning of terms.—It shall hv unlawful to keep for the purpose of

sale, offer or expose for sale, or sell, any commodity in package

> The words contained ^\-itliin the brackets are not given in the Statutes, but since they

are contained in the orieinal act thev were apparently inadvertently omitted from the

Statutes.
212 LAWS CONCEKNING WEIGHTS AND MEASURES

form unless the net quantity of the contents be plainly and con- spicuously marked on the outside of the package, in terms of weight,

measure, or numerical count: Provided, however, That reasonable

variations or tolerances shall be permitted, and that these reasonable variations or tolerances and exemptions shall be established by

rules and regulations made and promulgated by the director of

trade and commerce: And, provided, further. That this section

shall not be construed to apply to those commodities in package

form, the manner of sale of which is specifically regulated by the

provisions of other sections of this act. The words " in package form " as used in this section shall be

construed to include a commodity in a package, carton, case, can, box, barrel, bottle, phial, or other receptacle, or in coverings or wrappings of any kind, put up by the manufacturer, or, when put

up prior to the order of the commodity, by the vendor, which may

be labeled, branded, or stenciled, or otherwise marked, or which may

be suitable for labeling, branding, or stenciling, or marking otherwise, making one complete package of the commoditj'. The words

" in package form " shall be construed to include both the wholesale

and the retail package. " Package " as used in this section, does

not include any container in whidi are packed or contained packages of a smaller size of a commodity, but the provisions of this

section apply only to the container directly enclosing the commodity.

Sec. 22. Net amount of commodity must be marked on label.—It shall be unlawful to keep for the purpose of sale, offer or expose for sale, or sell, any comiuoditj^ composecl in whole or in part of cotton, wool,

linen, or silk, or any other textile material on a spool or similar

holder, or in a container or band, or in a bolt or roll, or in a ball,

coil, or skein, or in any similar manner, unless the net amor.nt of

the commodity in terms of weight or measure shall be definitely,

plainly and conspicuously marked on the principal label, if there

be such a label; otherwise on a wrapping, band, or tag attached

thereto. The Avords " spool or similar holder, container or band, bolt or

roll, or ball, coil or skein " shall be construed to include the spool or similar holder, container or band, bolt or roll, or ball, coil, or

skein put up by the manufacturer; or when put up prior to the

order of the commodity, by the vendor. It shall be held to include

both the wholesale and the retail package.

Sec. 23. Butter, etc., to be sold by weight; sizes of print; statement of weight.—It shall be unlaAvful for any person to sell, or offer to sell, any butter or renovated or process butter or oleomargarine in any

other manner than by weight. It shall be unlawful for any person

to put up, pack, or keej) for the purpose of sale, ofi^er or expose for

sale, or sell any butter or renovated or process butter, or oleomargarine, in the form of prints, bricks, or rolls in any other than the

following sizes, to wit: One-quarter pound, one-half pound, one pound, one and one-half pounds, or multiples of one pound. Each

print, brick, or roll shall bear a definite, plain, and conspicuous

statement of its true net weight, on the principal label, whei-e there

be such a label, otherwise on the outside wrapper thereof; such

statement shall be in Gothic type not less than one-quarter inch

square.
ILLINOIS 213

The prints, bricks, or rolls referred to in this section shall be

construed to include those prints, bricks, or rolls put up by the

manufacturer or producer; or, when put up prior to the order of

the commodity, by the vendor.

Sec. 24. Bread, shall be sold by weight.—All bread kept for the purpose of sale, offered or exposed for sale, or sold, shall be sold by

weight, and cities required by this act to appoint inspectors of

weights and measures may enact and enforce ordinances regulating

the same.

Sec. 25. Capacity of milk bottles; capacity to appear on bottle; designating number; bond; penalty.—Bottles used for the sale of milk or cream

shall be of the capacity of one-half gallon, three pints, one quart, one pint, one-tliird quart, one-half pint, and one gill when filled to the bottom of the cap, ring or stopple. The following variations on individual bottle or jars may be allowed, to wit: Six drams above

and six drams below on the half gallon, five drams above and five drams below on the three-pint, four drams above and four drams

below on the quart, three drams above and three drams below on the

pint, two and one-half drams above and two and one-half drams

below on the one-third quart, two drams above and two drams below on the one-half pint, and two drams above and two drams below on the gill. Bottles or jars used for the sale of milk or cream

shall have clearly blown or otherwise permanently marked in the

side of the bottle the capacity of the bottle and the word " sealed;"

and in the side or bottom of the bottle the name, initials, or trademark of the manufacturer and a designating number, which designating number shall be different for each manufacturer and may

be used in identifying the bottles. The designating number shall be furnished by the director of trade and commerce upon application by the manufacturer, and upon the filing by the manufacturer

of a bond in the sum of one thousand dollars, with sureties, to be

approved by the director of trade and commerce, conditioned upon

their conformance with the requirements of this section. A record

of the bonds furnished and the designating numbers and to whom

furnished shall be kept in the office of the director of trade and

commerce.

Provided^ The requirement that the word " sealed " and the designating number to be placed upon the bottle shall not be enforced

as to anj^ such bottles in use at the time of the passage of this act until the first day of January, K. D. 1923 : And provided further^

Such requirement for the marking of bottles shall not be construed

as modifying or repealing any other laws of this State with refer- ence to this subject.

Any manufacturer who sells or offers to sell milk or cream bottles to be used in this State that do not comply, as to size and markings,

with the provisions of this section shall suffer a penalty of five hundred dollars, to be recovered by the attorney general in an action

against the offender's bondsmen to be brought in the name of the

people of the State. Any dealei- who uses, for the purpose of sell- ing milk or cream, jars or bottles purchased after this law takes

effect that do not comply with the requirements of this section as

to markings and capacity, shall be deemed guilty of using a false or

insufficient measure.
214 LAWS CONCEKNING WEIGHTS AND MEASTTEES

City inspectors of weights and measures are not required to seal bottles or jars for milk or cream marked as in this section provided,

but they shall have the power to, and shall from time to time, make

tests on individual bottles used by the various persons, firms, or

corporations, in the territory over which they have jurisdiction in

order to ascertain if the above provisions are being complied with,

and they shall immediately report violations found to the director

of trade and commerce.

Sec. 26. Dimensions of standard barrel for fruits, etc.—The standard

barrel for fruits, vegetables and dry commodities other than cranberries shall be of the following dimensions when measured without

distention of its parts; length of staves, twenty-eight and one-half

inches; diameter of heads, seventeen and one-eighth inches; distance

between heads, twenty-six inches : circumference of bulge, sixty-four

inches, outside measurement : and the thickness of staves not greater

than four-tenths of an inch: Provided, That any barrel of a dif- ferent form having a capacity of seven thousand and fifty-six cubic

inches shall be a standard barrel. The standard barrel for cranberries shall be of the following dimensions when measured without

distention of its parts: length of staves, twenty-eight and one-half

inches; diameter of heads, sixteen* and one-fourth inches; distance

between heads, twenty-five and one-foiirth inches, circumference of

bulge, fiftj^-eight and one-half inches, outside measurement ; and the

thickness of staves not greater than four-tenths of an inch. It shall be unlawful for any person to offer or expose for sale, sell, or ship any other barrels for fruits, vegetables, or other dry commodities, or to offer or expose for sale, sell, or ship any fruits, vegetables, or other dry commodities in other barrels than the standard barrels

as defined in this section, or subdivisions thereof known as the third,

half, or three-quarters barrel : Provided, however, That nothing in

this section shall apply to barrels used in packing or shipping commodities sold exclusively by weight or numerical coimt : And, Provided, further, That no loarrel shall be deemed below standard within

the meaning of this section when shipped to any foreign coimtry

and constructed according to the specifications or directions of the

foreign country to which the same is intended to be shipped.

Sec. 27, Containers holding one quart or less.—It shall be unlawful ir> procure or keep for the purpose of sale, offer or expose for sale, sell, or give away baskets or other open containers for berries or small

fi'uits. holding one quart or less, or to procure or keep for the pur- pose of sale, offer or expose for sale, or sell berries or small fruits

in baskets or other open containers, holding one quart or less, of

any other than the following capacities, when level full; one quart, one pint, or one-half pint, standard dry measure.

Sec. 28. E'et weight of commodity.—Whenever any commodit}^ is sold on a basis of weight, it shall be unlawful to employ any other

weight in such sale than the net weight of the commodity; and all contracts concerning goods sold on a basis of weight shall be understood and construed accordingly. "Whenever the weight of a com- modity is mentioned in this act, it shall be understood and construed

to mean the net weight of the commodity.

Sec. 29. Standard of length and surface. -The unit or standard of

length and surface, from which all the other measures of extension,

whether lineal, superficial or solid, shall be derived and ascertained, is
ILLINOIS 215

the standard yard designated in this act, which is divided into three

equal parts called feet, and each foot into twelve equal parts called

inches. For measures of cloth and other commodities commonly

sold by the yard, it may be divided into halves, quarters, eighths

and sixteenths. The rod, pole or perch, contains five and one-half

yards; the mile one thousand seven hundred and sixty yards. The

chain for measuring land is twenty-two yards long and is divided

into one hundred equal parts called links. The acre for land meas- urement shall be measured horizontally and contain ten square

chains, equivalent in area to a rectangle sixteen rods in length and

ten in breadth, six hundred and forty acres being contained in a square mile.

Sec. 30. Avoirdupois and troy weig'hts ; ratio.—The units or standards

of weight from which all the other weights shall be derived and

ascertained shall be the standard avoirdupois and troy weights

designated in this act, an avoirdupois pound to bear to the troy

pound the ratio of seven thousand to five thousand seven hundred

and sixty grains. Therefore, the avoirdupois pound bears to the

troy pound the ratio of seven thousand to five thousand seven hundred and sixty, and is divided into sixteen equal parts called ounces. The hundredweight consists of one hundred avoirdupois pounds, and

twenty hundredweight are a ton. The troy ounce is equal to a twelfth part of a troy pound.

Sec. 31. Standards of measure of capacity, barrel, hogshead.—The units or standards of measure of capacity for liquids from which all other measures shall be deri^^ed and ascertained shall be the standard

gallon and its parts designated in this act. The barrel is equal to thirty-one and one-half gallons, and two barrels shall constitute a hogshead. All other measures of capacity for liquids shall be derived

from the liquid gallon by continual division by the number two, so as

to make half gallons, quarts, pints, half joints and gills. The unit or standard measure of capacity for substances not liquids, from which

all measures of such substances shall be derived and ascertained., is the

standard half bushel mentioned in this act. The peck, half peck,

quarter peck, quart and pint measure for measuring commodities

which are not liquids shall be derived from the half bushel by suc- cessively dividing that measure by two.

Sec. 32. Heaped measures ; dry commodities not heaped.—All commodities sold by heaped measure shall be duly heaped up in the form of a

cone, the outside of the measure by which the same shall be measured

to be the limit of the base of such cone, and such cone to be as high

as the article to be measured will admit.

The measures used for measuring dry commodities not heaped

shall be stricken with a straight stick or roller.

Sec. 33. Contracts to be construed according to standard.—Contracts

hereafter to be executed, made within the State, for any work to be done, or for anything to be sold, delivered, done or agreed for, by

weight or measure, shall be taken and construed to be made according to the standard weight and measure ascertained as hereinbefore provided unless there is an express provision to the contrary.

Sec. 34. Weight per bushel or barrel.—Whenever any of the following articles shall be contracted for, or sold, or delivered, and when

no special contract or agreement shall be made to the contrary, the
216 LAWS CONCERNING WEIGHTS AND MEASURES

weight per bushel or barrel or divisible merchantable quantities of a bushel or barrel shall be as follows : ^ Pounds Wheat flour, per barrel 196 Wheat flour, per half barrel 98 Wheat flour, per quarter barrel sack 49 Wheat flour, per eighth barrel sack 241/2 Corn meal, per bushel sack 48 Gorn meal, per half bushel sack- 24 Corn meal, per quarter bushel

"sack___ 12

Alfalfa seed, per bushel 60

Apples, green, per bushel 47

Apples, dried, per bushel 24

Barley, per bushel 48

Beans, green or string, per

bushel 24

Beans, wax, per bushel 24

Beans, white, per bushel 60

Beans, castor, per bushel 46

Beets, per bushel 60 Blue grass seed, per bushel 14 Bran, per bushel 20 Buckwheat, per bushel 52

Carrots, per bushel 50

Charcoal, per bushel 20

Clover seed, per bushel 60

Coal, per bushel 80

Coke, per bushel 40

Corn, seed, broom, per bushel 48 Com meal, unbolted, per bushel- 48

Corn, in the ear, per bushel 70

Corn, kafiir, per bushel 56

Corn, shelled, per bushel 56 Cotton seed, per bushel 32

Cranberries, per bushel 33 Cucumbers, per bushel 48 Bmmer, per bushel 40 Flax seed, per bushel 56

Gooseberries, per bushel 40

Hair, plastering, unwashed, per

bushel 8 Hair, plastering, washed, per bushel 4 Hemp seed, per bushel 44 Hickory nuts, per bushel 50 Hungarian grass seed, per bushel 50

Pounds Indian corn or maize, per

bushel 56

Lime, per bushel , 80

Malt, per bushel 38

Millet, per bushel 50

Millet, Japanese barnyard, per

bushel 35

Oats, per bushel 32

Onions, per bushel 57 Onion sets, top, per bushel 30 Onion sets, bottom, per bushel 32 Orchard grass seed, per bushel- 14 Osage orange seed, per bushel 33

Parsnips, per bushel 50 Peaches, per bushel 48

I'eachcs, dried, per bushel 33

Peanuts, green, per bushel 22

Peanuts, roasted, per bushel 20

Pears, per bushel 58

Peas, dried, per bushel 60

Peas, green in pod, per bushel 32

Popcorn, in the ear, per bushel- 70

Popcorn, shelled, per bushel 56

Potatoes, Irish, per bushel 60

Potatoes, sweet, per bushel 50

Quinces, per bushel 48 Rape seed, per bushel 50 Rep top seed, per bushel 14 Rough i-ice, per bushel 45

Rut:\bagas, per bushel 50 Rye meal, per bushel 50

R,ve, per bushel 56

Salt, coarse, per bushel 55

Salt, fine, per bushel 50

Shorts, per bushel 20 Sorghum seed, per bushel 50

Spelt, per bushel 40

Spinach, per bushel 12 Sweet clover seed, unhulled, per

bushel - 33 Timothy seed, per bushel 45 Tomatoes, per bushel 56

Turnips, per bushel 55 Walnuts, per bushel 50 Wheat, per bushel 60

Whenever any of the following named articles are sold by the

cubic yard and the same are weighed, the following weights shall govern

:

Pounds Pounds Crushed stone (1 cubic yard) — 2,500 Torpedo sand (1 cubic j'ard) 3,000

Bank sand (1 cubic yard) 2,500 Gravel (1 cubic yard) 3,000

Sec. 35. Penalties.—Whoever, in buying any of the articles of property mentioned in the preceding section, shall take any greater

number of pounds thereof to the bushel, barrel, or cubic yard or

divisible merchantable quantity of a bushel, barrel or cubic yard,

or in selling any of said articles, shall give any less number of

2 A slight change has been made in the arrangement for convenience of r^erenpe,
ILLINOIS 217

pounds thereof to the bushel, barrel or cubic yard or divisible merchantable quantity of a bushel, barrel or cubic yard than is allowed

by said section, with intent to gain an advantage thereby, except expressly authorized so to do hj special contract or agreement to that

effect, shall be liable to the party injured in double the amount of

the property so wrongfull}' taken or not given and ten dollars in addition thereto, to be recovered in any form of action in any court

of competent jurisdiction.

Sec. 36. Firewood; cord; penalty.—Whenever any firewood shall be

contracted for or sold or delivered, and when no special contract or agreement shall be made to the contrary, one hundred and twentyeight cubic feet shall constitute a cord.

Whoever, in buj^ing same, shall take anj greater number of cubic

feet thereof to the cord, or divisible merchantable quantity of a cord,

or in selling same, shall give any less number of cubic feet to the cord

or divisible merchantable quantity of a cord ; with intent to gain an

advantage thereby, except expressly authorized so to do by special contract or agreement to that etTect. shall be liable to the party in- jured in the same manner as is provided in section 35 hereof.

Sec. 37. Fees.—The director of trade and commerce and each city

inspector of weights and measures shall be entitled to receive and

collect fees for the use of the State or city as the case may be for

service at the following rates

For inspecting and sealing scales of the capacity of 40,000 pounds and

upward, each $5. Oo For inspecting and sealing scales of the capacity of 24.000 pounds up to 40,000 pounds, each , ^ 2.50 For inspecting and sealing scales of the capacity of 6.000 pounds up to 24,000 pounds, each 1. .50 For inspecting and sealing scales of the capacity of 2,-500 pounds up to 6,000 pounds, each . 75 For inspecting and sealing scales of the capacity of 240 pounds up to 2,500 pounds, each . 50 For inspecting and sealing scales of the capacity of 2 pounds up to 240 pounds, each . 30 For inspecting and sealing Hopper scales, each 2_ 00 For inspecting and sealing two-bushel, one-bushel and one-half bushel measures, each , 10 For inspecting and sealing any other dry measure, each , 10 For inspecting and sealing every automatic weighing machine, or every instrument or device of a capacity of less than three tons used for weighing or measuring any person or animal, for hire or reward, each- . 75 For inspecting and sealing liquid measures of the capacity of one gallon

and upward, each . 15 For inspecting and sealing any other liquid measures not used for com- pounding and manufacturing purposes, each . . 10 For inspecting and sealing yard measures, each . 10 For inspecting and sealing any linear measure, for each three feet . 10 For inspecting and sealing any tape line exceeding 50 feet in length, each . 75 For inspecting and sealing any automatic machine used for lineal measuring, each . 75 For inspecting and sealing any automatic pump used for measuring gasoline, oils, etc., each 1. 00

They shall also be entitled to, for the use of the State or city, as

the case may be. a reasonable compensation for making such weights

and measures conform to the standards established by this act : Provided, however, That no charge shall be made by the department of

trade and commerce for inspecting and sealing any weights, meas-
218 LAWS CONCEKNING WEIGHTS AND MEASURES

ures, scales or beams which may belong to any city and which may

be sent or brought to the department of trade and commerce for

that purpose by the inspector of weights and measures of such city.

Sec. 38. Unlawful to sell gasoline, etc., by any other measure than that

provided in section 31 ; automatic or mechanical pump to be approved

;

penalty.—It shall be unlawful to sell or offer to sell any gasoline,

naphtha, kerosene, wood alcohol or other oils or liquids used in producing light or heat or generating gas or power by any measure

other than that provided m section 31 hereof for liquids. It shall be unlawful for any person, firm or corporation to use any automatic or mechanical pump or device for the purpose of

measuring any liquid commodity to be sold or offered for sale unless such automatic or mechanical pump or device shall have been

inspected and approved by the proper authority under this law.

The owner or user of every automatic or mechanical pump or device shall provide proper tested standard measures, and shall at

least once each day, and always before commencing to use a new

supply of liquid, test the accuracy of the pump or device in use. The director of trade and conmierce is authorized to examine and

inspect all automatic or mechanical devices used for the purpose of

measuring any liquid commodity to be sold or offered for sale,

and condemn for repairs or seize any such devices found to be inac- curate or incorrect.

Any person, firm or corporation using any such automatic or mechanical device without having obtained the certificate of ap- proval as hereinbefore provided for, or any person using such auto- matic or mechanical device knowing the same to be incorrect or

defective, shall, upon conviction, be fined not less than five dollars nor more than five hundred dollars.

Sec. 39. Penalties.—Any person who, by himself or by his servant

or agent, or as the servant or agent of another person, shall offer or expose for sale, sell, use in buying or selling of any commodity

or thing or for hire or award, or retain in his possession a false weight or measure or weighing or measuring device or any weight or measure or weighing or measuring device which has not been sealed

by the director of trade and commerce, or hj a city inspector of

weights and measures, within one year, or shall dispose of any

condemned weight, measure, or weighing or measuring device con- trary to law. or remove any tag placed thereon by the director of

trade and commerce or by a city inspector of weights and measures:

or who shall sell or offer or expose for sale less than the quantity

he represents, or shall take or attempt to take more than the quantity he represents, when, as a buyer, he furnishes the Aveight, measure,

or weighing or measuring device by means of which the amount

of commodity is determined; or who shall keep for the purpose of

sale, offer or expose for sale, or sell any commodity in a manner

contrary to law ; or who shall violate any provision of this act for which a specific penalty has not been i)rovided; or who shall sell or offer for sale, or use or have in his possession for tlie purpose of

selling or using an}^ device or instrument to be used to or calculated

to falsify any weight or measure, shall be guilty of a misdemeanor,

and shall be punished by a fine of not less than twenty dollars nor more than two hundred dollars, or by imprisonment for not more
ILLINOIS 219

than three months, or by both such fine and imprisonment, upon a

first conviction, in any court of competent jurisdiction; and upon

a second or subsequent conviction in any court of competent jurisdiction he sliall be punished by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment in the county

jail for not more than one year, or by both such fine and imprisonment. « Sec. 40. Meaning of terms used in act.—The word " person " as used

in this act shall be construed to import both the plural and singular,

as the case demands, and shall include corporations, companies,

societies, and associations.

The words " weights, measures, or (and) weighing or (and)

measuring devices," as used in this act, shall be construed to include

all weights, scales, beams, measures of every kind, instruments and

mechanical devices for weighing or measuring, and any appliances

and accessories connected with any or all such instruments.

The words " sell " or " sale " as used in this act, shall be construed

to include barter and exchange.

Sec. 41. Inspectors not to be interested in sale of weights, etc.—No

person authorized b}' this act to inspect weights, measures, scales,

beams or other measuring devices shall vend any weights, measures,

scales, weighing or measuring devices of any kind whatsoever to be used for weighing or measuring, or offer or expose the same

for sale, or be interested, directly or indirectly, in the sale of the same.

Sec. 42. Tables of specifications and tolerances.—The department of

trade and commerce shall promulgate tables of specifications and

tolerances, for the guidance of the local sealers, or inspectors of

weights and measures, in conformity with those approved by the

National Bureau of Standards, to which all weights, scales, measures, and weighing and measuring devices, used within the State shall conform.

Smith's Revised Stats., 1921, ch. 127, p. 1874.

Sec. 56 (al921). Rights, powers, and duties of department of trade and

commerce.—The department of trade and commerce shall have

power: * * *

3. To exercise the rights, powers and duties vested by law

in the chief inspector of grain, deputy grain inspectors, deputy

chief grain inspector, and the warehouse registrar, the assistant

warehouse registrars, State weighmasters, assistant State weighmasters and other officers and employes of the grain inspection

service; * * *

6. To execute and administer all laws and regulations now or

hereafter enacted, relating to weights and measures;

7. To execute and adminster all laws and regulations now or

hereafter enacted, relating to standards of quantity and quality of

and for commodities; * * *

Smith's Rev. Stats., 1921, ch. 5QV2, p. 998.

Sec. 9 (al917). Misbranded defined.—The term " misbranded," as used herein, shall apply to all articles of food or drink, or articles which enter into the composition of food or drink, the packages or
220 liAWS CONCEKNING WEIGHTS AND MEASUBES

labels of which bear any statement, design or device regarding such

article, or the ingredients or substance contained therein which shall be false or misleading in any particular; and to any such products

which are falsely branded as to manufacture, packer or dealer who

sells the same or as to the State, Territory or country in which it is manufactured or produced. That for the purpose of this act an

article shall also be deemed to be misbranded-

In case of food : * *

* Third. If in package form, the quantity of the contents be not

plainly and conspicuously marked on the outside of the package in

terms of weight, measure, or numerical count: Provided, however,

That reasonable variation shall be per'mitted and tolerances and also

exemptions as to small packages shall be established by rules and

regulations made in accordance with the provisions of section 38 of

this act. * *

*

Smith's Rev. Stats., 1921, ch. 24, p. 194.

Sec. 65 (al921).—1. The city council in cities, and the president and

the board of trustees in villages, shall have the following powers:

* * *

52. To regulate the sale of bread in the city or village; prescribe

the weight and quality of bread in the loaf. * * *

54. To regulate the inspection, weighing and measuring of brick,

lumber, firewood, coal, hay, and any article of merchandise.

55. To provide for the inspection and sealing of weights and

measures.

56. To enforce the keeping and use of proper weights and measures by vendors. * *

*

91. To tax, license and regulate * * * public scales * * *, Smith's Eev. Stats., 1921, ch. 147, p. 2002.

Sec. 44 (1909). Power of municipal authorities to require sales by

weight or count.—That the city council in cities, and the president and

board of trustees in villages and incorj)orated towns, shall have power

to require all grain, flour, meal, ha}^, feed, seeds, fruits, nuts, vegetables, and nonliquid A'egetable products, meats and non-liquid

animal products, fish, butter, cheese and other similar dairy products,

dry groceries and all other similar articles of merchandise, or any

particular class or classes of such merchandise, in the absence of a contract or agreement in writing to the contrary, to be sold by

standard avoirdupois weight or by numerical count. Laws, 1923, p. 1.

Sec. 1. Standards for agricultural products.—As used in this act, the

word " director " means the director of the department of agriculture, and the term " agricultural products " includes all farm, dairy,

bee, viticultural and horticultural products. Nothing in this act

shall be construed as repealing or in any way modifying any provision of " an act to regulate the grading, packing, branding and

sale of apples in closed packages," approved June 27, 1921: Provided, however. That apples may be inspected and certificates issued

under the provisions of this act in accordance with the standards

established by said act.
ILLINOIS 221

Sec. 2. Standard containers, hearing on; regulations and tolerances.

In order to promote, protect, further and develop the agricultural

interests of this State, the director is hereby authorized, after investigation and public hearing, to fix and promulgate official standards

for grading and classifying any or all agricultural products grown

or produced in this State, and fix and promulgate official standards

for containers of farm products, and to change any of them from

time to time. The director shall promulgate regulations prescribing

such tolerances as may be deemed necessary permitting such variations from the standards fixed under this act, as are reasonably inci- dent to the proper grading of agricultural products, or to the manufacture of containers for such products.

Sec. 3. Standards to be effective, when.—In promulgating the standards or any alterations or modifications of such standards, the di- rector shall specify the date or dates when the same shall become

effective, and shall give public notice not less than thirty days in

advance of the date when the standard for any agricultural product

shall become effective and one year in advance of the date when a

standard for any container shall become effective by such means as he deems proper, and he is hereby authorized to employ reasonable

methods for clifi'using information concerning the standard that may

be fixed by him for any agricultural product or container.

Sec. 4. Fixing standard containers for agricultural products.—The di- rector is authorized to fix and promulgate as the official standard

for this State for any agricultural product or container the standard

for such product or container which may have been promulgated or announced therefor under the authority of the Congress of the

United States, and in carrying out the provisions of this act, the

director is authorized to cooperate with the United States or any

department thereof in accomplishing the matters and things provided for herein.

Sec. 11. Penalty in re containers not standard.—* * * Whenever

any standard for a container for an agricultural product becomes ef- fective under this act, no person thereafter shall manufacture for commerce within the jurisdiction of this State, or sell, ship, or offer for sale in such commerce any container, either filled or unfilled, to which the standard is applicable, which does not comply with such

standard subject to such tolerances as may be permitted under this

act.Any person violating this section shall be guilty of a misdemeanor

and upon conviction thereof shall be fined not more than five hundred dollars or be imprisoned not more than one year, or both.

Smith's Rev. Stats., 1921, ch. 147, p. 2002.

Sec. 45 (1917). Cotton duck.—That for the purpose of this act cot- ton duck or canvas shall be deemed to include all cotton duck or

canvas, whether single filling, double filling, army, roll or wide

duck.

Sec. 46. " Yard " and "ounce " defined.—That for the purpose of this

act, the equivalent of thirty-six (36) inches in length by twentynine (29) inches in width, or seven and one-fourth (7i/4) square feet of cotton duck or canvas shall constitute a yard, and an ounce shall be one-sixteenth part of a pound avoirdupois.
222 LAWS CONCERNING WEIGHTS AND MEASURES

Sec. 47. Weight to be marked.—Any person, firm or corporation who

shall manufacture for sale or who may ofi'er or expose for sale any

cotton duck or canvas or any article other than clothing and wearing apparel composed or made in whole or in part of cotton duck

or canvas, shall distinctly and durably stamp, brand or mark there- on the true and correct weight of such cotton duck or canvas, by

ounces per yard, together with a description by name of any filler or other preparations placed in or on said cotton duck or canvas

since its manufacture.

Sec. 48. Sale without brand or misrepresenting weight prohibited.

It shall be unlawful for any person, firm or corporation either

individually or in any representative capacity, to carry for sale,

sell or endeavor to sell any cotton duck or canvas as herein defined, or any articles other than clothing and wearing apparel composed

or made in whole or in part of any cotton duck or canvas without

having marked thereon the true and correct weight of said canvas,

or cotton duck by ounces per yard, together with a description by

name of any filler or other preparations placed in or on said cotton duck or canvas since its manufacture, or to misstate, misrepresent or

conceal the true weight of said canvas or cotton duck by ounces per yard, or to misstate, niisre])resent or conceal the existence of

any filler or other preparation placed in or on said cotton duck or canvas since its manufacture.

Sec. 49. Awnings, etc.; misrepresenting dimensions prohibited.—It

shall be nnlaAvful for any person, firm or cori^oration either in- dividually or in representative capacity selling, carrying for sale or endeavoring to sell any awnings, paulins, wagon covers, tent, grain

and hay covers, stable or tent tops, to misstate or misrepresent or conceal the true and correct size and dimensions thereof.

Sec. 50. Effacing mark prohibited.—It shall be unlawful for any per- son to deface, mutilate, obscure, conceal, elface, cancel or remove and mark provided for by this act, or cause or permit the same to be

done with the intent to mislead, deceive or to violate any of the

provisions of this act.

Sec. 51. Penalty.—Any person, firm or corporation violating any of

the provisions of this act shall be deemed guilty of a misdemeanor

and on conviction thereof shall for the first offense be punished by

a fine of not less than twentj^-five dollars ($25) nor more than fifty

dollars ($50) and for each subsequent offense by a fine of not less than fifty dollars ($50) nor more than one hundred dollars ($100).

Smith's Rev. Stats., 1921, ch. 121%, p. 1742.

Sec. 82 (1917). Term " paint " defined.—The term " paint," as used in

this act, shall include white lead in oil or any compound intended for

the same use, paste or semipaste, and liquid or mixed paint of any

kind ready for use, or any compound intended for the same use.

Sec. 83. Weight or measure to be marked.—* * * The label shall also state, in case of liquid paints, and other compounds, on packages holding one quart or more, the net measure of contents of

each can, package or container. In case of white lead and other

paints and compounds, the label shall show on packages weighing

four pounds or more the net weight of each can, package oj" container.
LLLTifOIS 223

Smith's Eev. Stats., 1921, ch. 114, p. 1559.

Sec. Ill (1871). WeigMng in—^receipt; weighing out—shrinkage;

damages ; evidence—shortage.—* * * And at the time such grain is received by it for transportation, such corporation [railroad] shall

carefully and correctly ^eigh the same, and issue to the shipper

thereof a receipt or bill of lading for such grain, in which shall be

stated the true and correct weight.

And such corporation shall weigh out and deliver to such shipper, his consignee or other person entitled to receive the same, at the place of delivery, the full amount of such grain, without any

deduction for leakage, shrinkage or other loss in the quantity of

the same. In default of such delivery, the corporation so failing to deliver

the full amount of such grain shall pay to the person entitled

thereto the full market value of any such grain not delivered at the tmie and place when and where the same should have been

delivered.

If any such corporation shall, upon the receipt by it of any grain

for transportation, neglect or refuse to weigh and receipt for the same, as aforesaid, the sworn statement of the shipper, or his agent

having personal knowledge of the amount of grain so shipped,

shall be taken as true, as to the amount so shipped; and in case of the neglect or refusal of any such corporation, upon the delivery

by them of any grain, to weigh the same, as aforesaid, the sworn

statement of the person to whom the same was delivered, or his agent

having personal knowledge of the weight thereof, shall be taken

as true, as to the amount delivered. And if, by such statements, it shall appear that such corporation has faded to deliver the amount

so shown to be shipped, such corporation shall be liable for the

shortage, and shall pay to the person entitled thereto the full market

value of such shortage, at the time and place when and where the same should have been delivered.

Sec. 205. Examination of grain and scales; incorrect scales.—All per- sons owning property, or who may be interested in the same, in

any public warehouse, and all duly authorized inspectors of such

property, shall at all times, during ordinary business hours, be at

full liberty to examine any and all property stored in any public

warehouse in this State, and all proper facilities shall be extended

to such person by the warehouseman, his agents and servants, for an examination; and all parts of public warehouses shall be free

for the inspection and examination of any person interested in

property stored therein, or of any authorized inspector of such

property. And all scales used for the weighing of property in

public warehouses shall be subject to examination and test by any

duly authorized inspector or sealer of weights and measures, at any time when required by any person or persons, agent or agents,

whose property has been or is to be weighed on such scales—^the expense of such test by an inspector or sealer to be paid by the

warehouse proprietor if the scales are found incorrect, but not other517—26 15
224 LAWS CONCEBNING WEIGHTS AND MEASUEES

wise. Any warehouseman who may be guilty of continuing to use

scales found to be in an imperfect or incorrect condition by such

examination and test, until the same shall have been pronounced

correct and properly sealed, shall be liable to be proceeded against

as hereinafter provided.

Sec. 223 (1883). Weighniaster, appointment of.—That there shall be

appointed by the railroad and warehouse commissioners in all cities where there is State inspection of grain, a State weighmaster* and

such assistance as shall be necessary.

Sec. 224. Duties of.—Said State weighmaster and assistants shall, at the places aforesaid supervise and have exclusive control of the

weighing of grain and other property which may be subject to inspection, and the inspection of scales and the action and certificate of such weighmaster and assistants in the discharge of their aforesaid duties shall be conclusive upon all parties in interest.

Sec. 225. Fix fees.—The board of railroad and warehouse coromissioners shall fix the fees to be paid for the weighing of grain or

other property, which fees shall be paid equally by all parties

interested in the purchase and sale of the property weighed, or scales inspected and tested.

Sec. 226. Weighmaster—qualifications, bond, compensation.—Said

State weighmaster and assistants shall not be a member of any board

of trade or association of like character; they shall give bonds in

the sum of five thousand dollars ($5,000) conditioned for the faithful discharge of their duties, and shall receive such compensation

as the board of railroad and warehouse commissioners shall determine.

Sec. 227. Eules and regulations for weighing grain.—The railroad

and warehouse commissioners shall adopt such rules and regulations

for the weighing of grain and other property as they shall deem

proper.

Sec. 228. K'eglect of duty ; penalty.—In case any person, warehouseman or railroad corporation, or any of their agents or employees,

shall refuse or prevent the aforesaid State weighmaster or either

of his assistants from having access to their scales, in the regular

performance of their duties in supervising the weighing of any grain

or other property in accordance with the tenor and meaning of this act they shall forfeit the sum of one hundred dollars ($100) for each

offense, to be recovered in an action of debt, before any justice of

the peace, in the name of the people of the State of Illinois; such

penalty or forfeiture to be paid to the county in which the suit is brought, and shaU also be required to pay all costs of prosecution.

Sec. 229 (1887). Weighing grain at transfer points.—That in all counties of the third class, and in all cities having not less than

50,000 inhabitants, where bulk grain, millstuffs or seeds are delivered by any railroad transporting the same from initial points to another road for transportation to other points, such road or roads

receiving the same for transportation to said points or other connections leading thereto, shall provide suitable appliances for unloading, weighing and transferring such property from one car to another without mixing or in any way changing the identity of

3 Offices of State weigbmasters and assistant State weiglimasters abolished. Riglits, powers, etc., transferred to department of trade and commerce.
ILIilNOIS 225

the property so transferred, and such property shall be accurately

weighed in suitably covered hopper scales, which will determine

the actual net weight of the entire contents of any carload of grain,

millstuffs or seeds at a single draft, without gross or tare, and

which weights shall always be given in the receipts or bills of lading

and used as the basis of any freight contracts affecting such shipments between such railroad companies and the owners, agents or

shippers of such grain, millstuffs or seeds so transported and transferred.

Sec. 230. Weighing and transferring in transit.—The practice of

loading grain, millstuffs or seeds into foreign or connecting-line cars

at the initial point from which the grain, millstuffs or seeds are

originally shipped, or the running of the original car through without transfer, shall not relieve the railroad making the contract to transport the same to its destination or connection leading thereto,

from weighing and transferring such property in the manner aforesaid, unless the shipper, owner or agent of such grain, millstuffs or seeds shall otherwise order or direct. Smith's Rev. Stats., 1921, ch. 38, p. 612,

See. 259 (1845). False weights and measures.—If any person shall

knowingly sell by false weights or measures, or shall knowingly use

false measures at any mill, in taking toll for grinding corn, wheat, rye, or other grain, he shall be deemed a common cheat, and, on conviction, shall be fined not less than $200, and imprisoned not exceeding

three months.

Smith's Rev. Stats., 1921, eh. 111%, p. 1522.

Sec. 52 (al921). Weighing of cars and freight; testing railroad weights

and scales.—* * * The commission [Illinois Commerce Commission] shall have power to enforce reasonable regulations for the

weighing of cars, and of freight offered for shipment over any line

of railroad, and to test the weights made by any railroad and scales used in weighing freight on cars.

Sec. 54. Standards of service; examinations and tests.—The commission shall have power to ascertain, determine and fix for each kind

of public utility suitable and convenient standard commercial units

of service, product or commodity, which units shall be lawful units

for the purposes of this act ; to ascertain, determine and fix adequate

and serviceable standards for the measurements of quantity, quality, pressure, initial voltage or other condition pertaining to the performing of its service or to the furnishing of its product or commodity,

by any public utility, and to prescribe reasonable regulation for ex- amining, measuring and testing such service, product or commodity,

and to establish reasonable rules, regulations, specifications and

standards to secure the accuracy of all meters and appliances for

examining, measuring, or testing such service, product or commodity.

The commission may purchase such materials, apparatus and standard measuring instruments as it deems necessary to carry out the

provisions of this section.

The commission shall provide for the inspection of the manner in

which every public utility conforms to the reasonable regulations

prescribed by the commission for examining, measuring and testing

its service, product or commodity, and the commission may supple-
226 LAWS CONCERNING WEIGHTS AND MEASURES

ment such inspections by examining, measuring and testing the service, product or commodity of any public utility. Any consumer or

user may have tested any appliance for examining, measuring or

testing any such service, product or commodity upon payment of

the fees fixed by the commission. The commission shall declare and

establish reasonable fees to be paid for examining and testing such

appliances on the request of consumers or users, the fee to be paid

by the consumer or user at the time of his request, but to be paid

by the public utility and repaid to the consumer or user if the

measuring appliance be found unreasonably defective or incorrect

to the disadvantage of the consumer or user. The commission, its officers, agents, experts or inspectors and employees shall have power to enter upon any premises occupied by any

public utility for the purpose of making the examinations and tests provided in this act, and to set up and use on such premises, any

apparatus and appliances and occupy reasonable space therefor.

Sec. 55. Reading of meters.—^The commission shall require that every

public utility furnishing natural or artificial gas, electricity or water to the public, where the individual consumption is measured

by meter, shall, upon written request of any consumer, cause the

meter reader at the time of reading such consumer's meter to leave

at such meter a card showing the present reading of the meter,

the last previous reading, and the dates of such two readings.

Smith's Rev. Stats., 1921, eh. 5QV2, p. 998.

Sec. 58 (al915). Concentrated commercial feeding stuffs, net weight to be marked.—Every lot or parcel of concentrated commercial feeding

stuffs, as defined in section 2 of this act, used for feeding livestock or poultry, sold or offered or exposed for sale within this State,

shall have affixed thereto, in a conspicuous place on the outside

thereof, a plainly printed statement in the English language clearly

and truly certifying

(a) The net weight of the contents of the package, lot or parcel

(h) The name, brand or trade-mark;

(e) The name and principal address of the manufacturer, or the person or persons responsible for placing the commodity on

the market; * *

*

Smith's Rev. Stats., 1921, ch. 5, p. 27.

Sec, 47 (1885). Fertilizer, net weight to he marked.—That any per- son or company who shall offer, seU or expose for sale in this State,

any commercial fertilizer, the price of which exceeds five dollars a ton, shall affix to every package, in a conspicuous place on the

outside thereof, a plainly printed certificate, stating the number

of net pounds in the packages sold or offered for sale, * *

*

Smith's Rev. Stats., 1921 ch. 561/2, p. 998.

Sec. 20 (al911). Instruments for measuring milk and cream standards.—The State standard milk measure or pipettes shall have for

milk a capacity of seventeen and six-tenths cubic centimeters, and

the State standard test tube or bottles for milk shall have a capacity

of two cubic centimeters at a temperature of sixty degrees Fahrenheit between " zero " and ten on the graduated scale marked on the

necks thereof. For cream nine or eighteen grams shall be used,
IUjINOIS 227

and the standard test tubes or bottles for cream shall have a capacity

of three or six cubic centimeters respectively at a temperature of

sixty degrees Fahrenheit between " zero " and thirty on the graduated scale marked on the necks thereof, and it is hereby made a misdemeanor to use any other measure, pipette, test tube or bottle to determine the per cent of butter fat where milk or cream is purchased by, or furnished to creameries or cheese factories, and where

the value of said milk is determined by the per cent of butter fat

contained in the same. Any manufacturer, merchant, dealer, or agent in this State who shall offer for sale or sell a cream or milk

pipette or measure, test tube or bottle which is not correctly marked

or graduated as herein provided, shall be guilty of a misdemeanor

and upon conviction thereof shall be punished as provided in this

act.Sec. 21. License for using milk tester.—No person shall operate a milk or cream testing apparatus to determine the percentage of

butter fat in milk or cream for the purpose of purchasing the same

either for himself or for another without first securing a license

from the dairy and food commissioners of this State, authorizing

such person to operate such tester. Any person desiring to secure such license shall make application therefor on a blank to be prepared and provided by the dairy and food commissioner, and such

applicant, before being issued such license, shall pass a satisfactory

examination in person and prove by actual demonstration that he

is competent and qualified to properly use such tester and make an

accurate test with the same. Such license shall be issued for a period of two (2) years from

and after the date of its issuance and a fee of one ($1.00) dollar shall

be paid for such license by the licensee upon the issuance thereof.

The dairj^ and food commissioner for just cause shall have authority

to revoke any license issued under the provisions of this act. The fees collected under the provisions of this section shall be

paid into the State treasury monthly by the dairy and food commissioner.

See. 22 (al917). Testing milk and cream by department of agriculttire.—A buyer of milk or cream buying of the producer on a butterfat basis, shall, in the presence of the producer or his agent, after

having been petitioned in writing by one or more of its patrons so

to do, take a fair sample of the producer's milk, of not less than two

(2) ounces, and immediately deliver the same to the producer or

his agent in a sealed receptacle to be furnished by the department

of agriculture suitable for mailing or expressing. The receptacle

shall be plainly marked with the producer's factory number and

the name of the producer, and may be mailed or expressed by the

producer or his agent to the department of agriculture for test. The departmend [department] of agriculture shall receive and

make prompt analysis of all such samples of milk or cream, wash

and sterilize the containers, and return to the plant or person from

whom received, the producer to pay the transportation charges.

The department of agriculture shall, not later than the fifth day

of each month, mail to the buyer a tabulated sheet, showing the

result of each individual producer's test, for the preceding month,

the average of which shall be the basis of settlement between the

buyer and individual producer.
228 LAWS C0NCEK2SnNG WEIGHTS AND MEASUEES

The department of agriculture shall, not later than the eighth

day of each month, mail to the individual producer at his post oflGice address, the result of each of his tests for the preceding month.

Samples of milk or cream, for the purpose of this act, shall be

taken out not less than two (2), or more than four (4) times during

each monthly period at the option of the buyer.

It shall be imlawful for the owner, manager, agent or any employee of a creamery or cheese factory, to manipulate, underread

or overread the Babcock test, or any other contrivance used for

determining the quality or value of milk or cream, or to falsify

the record thereof, or to pay for such milk or cream on the basis of

any measurement except the true measurement as thereby

determined.

Smith's Eev. Stats., 1921, ch. 92, p. 1260.

Sec. 6 (1872). Duty of miller; toll.—The owner or occupier of every

public grist mill within this State shall grind the grain brought to his mill as well as the nature and condition of his mill will permit,

and in due turn as the same shall be brought, and may take for the

toll, if a water mill or steam mill, for grinding and bolting wheat,

rye, or other grain, one-eighth part ; for grinding Indian corn, oats, barley and buckwheat, or other grain not required to be bolted, one- seventh part; for grinding malt, and chopping all kinds of grain,

one-eighth part. See 7. Miller to keep measures and toll dishes or scales.—It shall be the

duty of each and every owner and occupier of every public mill, to give due and punctual attendance, when his mill shall not be out of

repair, and to aid and assist in loading and unloading all grain

which shall be brought to him to be ground. And he vshall keep in

his mill an accurate half-bushel measure, and an accurate set of toll dishes or scales for weighing the grain. And for a failure to per- form any of the duties required by this act every occupier of a

public mill shall forfeit and pay the sum of five dollars to the use

of any person who shall sue for the same.

Smith's Rev. Stats., 1921, ch. 93, p. 1262.

Sec. 5, as amended by laws, 1925, H. B. 478, p. 468. Sealer of weights;

test weights.—(j) State inspectors [of mines] are hereby made ex

officio sealer of weights and measures in their respective district, and

as such are empowered to test all scales used to weigh coal at coal

mines. Upon the written request of any mine owner or operator, or of ten coal miners employed at any one mine, it shall be the duty of

the inspector to test any scale or scales at such mine against which

complaint is directed, and if he shall find that they or any of them

do not weigh correctly, he shall call the attention of the mine owner

or operator to the fact, and direct that said scale or scales be at once overhauled and readjusted so as to indicate only true and exact

weights, and he shall forbid the further operation of such mine ujitil

such scales are adjusted. In the event that such tests shall conflict

with any test made by any county sealer of weights, or under and by

virtue of any municipal ordinance or regulation, then the test by such

mine inspector shall prevail.

(k) For the purpose of carrying out the provisions of this act, each

State inspector shall be furnished by the State with a complete set
ILLINOIS 229

of standard weights suitable for testing the accuracy of tract [track]

scales and of all smaller scales at mines, said test weights to be paid

for on bills of particulars, certified by the secretary of state and approved by the governor. Such test weights shall remain in the cus- tody of the inspector for use at any point within his district, and for

any amounts expended by him for the storage, transportation or handling of the same, he shall be fully reimbursed upon making

entry of the proper items in his expense voucher.

Sec. 26 (al919). Operator to provide scales; weighman; check weigh.-

ixian. —(a) The operator of every coal mine where miners are paid by

the weight of their output, shall provide at such mine suitable and

accurate scales for the weighing of such coal, and a correct record

shall be kept of all coal so weighed, and said record shall be open

at all reasonable hours to the inspection of miners and others interested in the product of said mine. The operator shall provide at such mine not less than one thousand (1,000) pounds of Uniter

[United] States standard weights.

(&) The person authorized to weigh the coal and keep the record

as aforesaid shall be a citizen of the United States, and shall, before

entering upon his duties, make and subscribe to an oath before some

persons duly authorized to administer oaths, that he will accurately

weigh and carefully keep a true record of all coal weighed, and such

affidavit shall be kept conspicuously posted at the place of weighing.

(c) The miners at work in any coal mine may employ a check

weighman at their option and at their own expense, whose duty it shall be to balance the scales and see that the coal is properly

weighed, and that a correct account of the same is kept, and for this

purpose he shall have access at all times to the beam box of said

scales, and be afforded every facility for verifying the weights while

the weighing is being done. The check weighman so employed by

the miners shall be a citizen of the United States, and, before enter- ing upon his duties, shall make and subscribe to an oath before some

person duly authorized to administer oaths, that he will faithfully

discharge his duties as check weighman, and such oath shall be kept

conspicuously posted at the place of weighing.
INDIANA

Acts 1925, ch. 86, p. 247.

Sec. 1. Standard weights and measures.—That the standard weights

and measures furnished by the Government of the United States in

accordance with the joint resolution of Congress, approved June 14,

1836, and any additions thereto and renewals thereof certified to by the United States Bureau of Standards, and such weights, measures, balances and apparatus as may be added by the State commissioner of weights and measures and verified by the United States

Bureau of Standards, shall be the standards by wMch all State,

county and city standards shall be tried, proved and sealed.

Sec. 2. Commissioner of v/eights and measures; duties; regulations and

tolerances.—The State food and drug commissioner shall be the State

commissioner of weights and measures. The State commissioner of

weights and measures shall take charge of the standards adopted

by this act as the standards of the State; cause them to be kept in

a fireproof building belonging to the State, from which they shall not

be removed except for repairs or for certification, and take ail other

necessary precautions for their safe keeping. He shall maintain

the State standards in good order and shall submit them once in ten years to the National Bureau of Standards for certification. He,

or his deputies or inspectors by his direction, shall correct the standards of the several cities and counties, and as often as once in two

years compare the same with those in his possession, and where not

otherwise provided by law he shall have the general supervision

of the weights, measures and measm'ing and weighing devices of

the State, and in use in the State. The State commissioner of

weights and measures is also authorized to adopt rules, specifications

and tolerances necessary for the enforcement of the provisions of

this act, and the violation of such rules, specifications and tolerances

shall be punished, upon conviction, as set forth in section 15 of this

act. He, or his deputies shall, upon the written request of any citi- zen, firm, corporation or institution of the State, test or calibrate

weights, measures, weighing or measuring devices and instruments

or apparatus used as standards in this State. He, or his deputies or inspectors by his direction, shall at least once annually test all scales weights and measures and devices used in checking the receipt or disbursement of supplies in every institution under the jurisdiction

of the State board of charities and he shall report in writing his

findings to the executive officer of the institution concerned. The

State commissioner of weights and measures shall keep a complete

record of the standards, balances and other apparatus belonging to the State and take a receipt for the same from his successor in office

he shall, annually, on or before the first day of December, make to the governor a report of the work done by his office; he, or his deputies or inspectors at his direction, shall at least once in two years

230
INDIANA 231

visit the various cities and counties of the State which have appointed sealers of weights and measures in order to inspect the work

of the local sealers, and in the performance of such duties he may

inspect the weights, measures, balances or any other weighing or measuring appliances of any person, firm or corporation. The State

commissioner of weights and measures shall issue from time to time

regulations for the guidance of State, county and city sealers or inspectors and the said regulations shall govern the procedure to be

followed by the aforesaid officers in the discharge of their duties.

Sec. 3. County inspector of weights and measures; appointment, re- moval, compensation; district inspectors.—The board of commissioners

of every county of thirty thousand population or more shall, and

the board of commissioners of any county of less than thirty thousand population may appoint a county inspector of weights and

measures. No person shall be appointed as a county inspector of

weights and measures in any county unless such person shall have

been approved by the State commissioner of weights and measures, and no county inspector of weights and measures in any coimty

shall be removed by the board of commissioners without the approval and consent of the State commissioner of weights and measures. The compensation of a county inspector of weights and

measures in counties of thirty thousand population or more shall

be not less than twelve hundred dollars ($1,200) per year, and

in counties having a population of less than thirty thousand, the

compensation of the county inspector of weights and measures shaU

be not to exceed five dollars per day, to be determined by the

board and to be paid out of the county treasury : Provided^ however,

That is shall not be obligatory upon the board of county commissioners of such counties contaimng a city or cities of the first, second or third class which are already provided with an inspector

of weights and measures or city sealers, to make such appointments. The board shall provide the necessary apparatus and supplies for the said inspector of weights and measures and the county

councils of such counties shall appropriate such sums of money

as are necessary for the salary and maintenance of the office. Two

or more adjoining counties, by appropriate action of the boards

of commissioners of such counties, may form an inspection district, and provide by mutual agreement, for the appointment of a district inspector of weights and measures. The compensation

of such inspector shall not exceed five dollars per day and expenses,

and the salary and expenses so paid and incurred shall be apportioned among the counties forming the district in proportion to the

population thereof.

Sec. 4. City inspector of weights and measm'es; appointment, removal,

and compensation.—The common council of every city of the first, sec- ond and third class shall provide for the appointment by the

commissioners of the public safety, commonly known as the board

of public safety, of an inspector of weights and measures and

provide for his compensation and for the necessary apparatus and

expenses to be paid out of the city treasury. The said inspector

of weights and measures shall serve continuously during good behavior under the provisions of section 160 of an act concerning

municipal corporations, approved March 6, 1905, governing the fire and police force, and said inspector of weights and measures shall
232 LAWS CONCERNING WEIGHTS AND MEASURES

not be removed for any political reason and only for good and

sufficient cause after an opportunity for hearing is given by the

said commissioner of public safety: Provided^ however^ That such

provision shall not affect the power of the State commissioner of

weights and measures to discharge county or city inspectors of

weights and measures as set forth in section 6 of this act. No

person shall be appointed as a city inspector of weights and measures in any city unless such person shall have been approved by

the State commissioner of weights and measures and no such city

inspector of weights and measures shall be removed without the

approval and consent of the State conamissioner of weights and

measures. If deemed desirable or advantageous, the same person

may be emplo5''ed as a city and county inspector of weights and

measures, and if the same person be so employed the compensation and expenses of such inspector shall be divided between the

city and the county, as agreed upon. The compensation of such an inspector of weights and measures shall not be less than fifteen

hundred dollars ($1,500) per annum in the case of cities of the

first class, and not less than twelve hundred dollars ($1,200) per

annum in case of cities of the second and third class. Sec. 5. Inspectors; duties; bond.—The county or city inspector of

weights and measures when appointed shall be a deputy inspector

under the direction of the State commissioner of weights and measures. He shall take charge of and safely keep the county or city

standards. When not otherwise provided by law, the county or

city inspector of weights and measures shall have the power within

his county or city to inspect, test, try and ascertain if they are correct, all weights, scales, beams, measures of every kind, instruments

or mechanical devices for measurement and the tools, appliances or accessories, connected with any or all such instruments or meas- urements used or employed within the county or city by any proprietor, agent, lessee or employee in determining the size, quantity, extent or measurement of quantities, things, produce, articles for

distribution or consumption offered or submitted by such person

or persons for sale, for hire or award. He shall at least once in

each year and as much oftener as he may deem necessary see that

the weights, measures and all apparatus used in the county or city are correct. The county or city inspector of weights and measures

shall keep a complete record of the work done by him and shall

make a monthly and annual report to the State commissioner and

his board of county commissioners or to the mayor; the annual

report shall be duly sworn and submitted to the State commissioner of weights and measures, not later than the fifteenth of October. The county or city inspector of weights and measures shall forthwith on his appointment give a bond with sureties to be approved by the appointing power for the faithful performance of

the duties of his office for the safety of the local standards and such

appliances for verification as are committed to his charge and for

the surrender thereof immediately to his successor in office or to the person appointed by the proper authority to receive them. The

county inspector of weights and measures shall have jurisdiction over the whole county except as to incorporated cities which have

provided for a city inspector of weights and measures under the
IJTDIANA 233

provisions of this act. This act shall apply to the sealers or inspectors of T^eights and measures heretofore appointed under any

State law or city ordinance, and such sealer or inspector shall be

continued in office as inspector of weights and measures under the

provisions of this act for the respective county, counties, city or

cities. Sec. 6. Inspectors; qualifications; removal; appeal.—Only those per- sons shall be eligible to appointment to the position of county or

city inspectors of weights and measures who at the time of the passage of this act are county or city sealers or inspectors of weights

and measures or who have passed an examination which shall be

given by the State commissioner of weights and measures to test the ability of the person so examined to perform satisfactorily the

duties of a county or city inspector of weights and measures. If

it is evident to the State commissioner of weights and measures

that any county or city inspector of weights and measures is not

properly and faithfully performing the duties of his office, the State

commissioner of weights and measures shall have power to discharge

such county or city inspector of weights and measures. Such re- moval, however, shall not be made until five days' notice of the

charge or charges shall have been mailed to him by said commissioner, naming a time and place for a hearing, not less than two

weeks later than the time of mailing such notice to said county or

city inspector of weights and measures: Provided^ hoioever^ That

any county or city inspector of weights and measures so removed

by the State commissioner of weights and measures, shall have the

right to appeal from the action of said commissioner to the circuit or superior court of the county in which such county or city inspector of weights and measures resides, and during the pendency of

such appeal, such county or city inspector of weights and measures may serve in his official capacity. Any county or city inspector of

weights and measures discharged as herein provided, shaU be in- eligible to hold the position of county or city inspector of weights

and measures for four years, and the vacancy shall be filled by the

proper authorities, as provided in this act.

Sec. 7. Scales and measures.—Whenever the inspector of the city or county or the State commissioner or his deputies or inspectors tests and compares scales, weights, measures or weighing or measuring devices and finds that they correspond with the standards in his posses- sion he shall seal and mark such scales, weights, measures or weighing and measuring devices by stamping upon them the letters " Ind.

S.," meaning Indiana standard, and the last two figures of the year

in which the same is done ; if any scales, weights, measures, or weighing or measuring devices, or parts thereof, be found not to conform

to the legal standard the same may be tagged by the inspector " con- demned until repaired" which tag shall not be removed until said

apparatus is properly repaired ; if said scales, weights, measures, or weighing or measuring devices, or parts thereof are found to be false and fraudulent, or cannot be made to conform to the legal standard,

the same shall be condemned and confiscated by said inspector.

Sec. 8. Police powers; seizure of scales and measures.—The commissioner of weights and measures, his deputies and inspectors, and the

county and city inspectors of weights and measures, are hereby made
234 LAWS CONCEBNIKG WEIGHTS AND MEASURES

special policemen and are authorized and empowered to arrest without formal warrant for any violation of the statutes in relation to

scales, weights and measures, and to seize and use for evidence and

without formal warrant any false weight, scales, measure, or weighing or measuring device, or packages or amoimts of cormnodities

found to be used, retained or offered or exposed for sale or sold in

violation of law.

Sec. 9. Right of entry; penalties.—The State commissioner of

weights and measures, his agents, deputies or inspectors, and the

county and city inspectors of weights and measures may for the

purpose of enforcing this act, and in the general performance of

their official duties, enter or go into or upon without formal warrant,

any stand, place, building or premises, or may stoj) any vender, peddler, junk dealer, coal wagon, ice wagon, or any dealer whatsoever,

for the purpose of making the proper test and for the purpose

of ascertaining the proper weights and measures of all commodities

found therein or thereon. Whenever the State commissioner of

weights and measures, his agents, deputies or inspectors, or the

coimty and city inspectors of weights and measures find a violation

of the statutes relating to weights and measures, he shall cause the

violator to be prosecuted.

Any person who shall molest, hinder or obstruct in any way the

State commissioner of weights and measures, his agents, deputies or

inspectors, or any county or city inspector of weights and measures

in the performance of his official duties hereunder, shall be guilty of

a misdemeanor, and shall be punished upon conviction thereof in any

court of competent jurisdiction by a fine of not less than ten dollars

($10) nor more than two hundred dollars ($200) to which may be

added imprisonment in the county jail for not more than ninety days.

Sec. 10. Commodities; standard weight and measure.—All commodities shall be sold by standard weight or measure except as otherwise

provided in this act : Provided., however.. That the provisions of this

section shall not apply to commodities which are usually and cus- tomarily sold by numerical count, or in gross, or are sold in packages prepared and put up for sale : Provided., That all cormnodities

packed in such packages shall be so marked as to plainly indicate the

net contents in terms of weight, measure or numerical count: Provided., also, That two thousand pounds net avoirdupois shall constitute a ton.

Sec. 11. False scales and measuring devices.—^No person, firm or cor- poration shall use or retain in his possession any false scales, weights,

or measures or measuring device or any weight or measure or weighing or measuring device in the buying or selling of any commodity

or thing or in calculating or measuring service, or dispose of any

condemned scales, weights, measure or weighing or measuring device, except in accordance with such rules, specifications and toler- ances as may be adopted by the State commissioner of weights and

measures, as provided in section 2 of this act, or remove any tag,

stamp or mark placed thereon by the inspector ; and no person, firm

or corporation shall sell or offer or expose for sale or deliver less than

the quantity he rejDresent; or sell, offer for sale or have in his posses- sion for the purpose of selling any false scales, weight or measure or any device or instrument to be used or calculated to falsify any

weight or measure.
IlsTDIAI^A 235

Sec. 12. Sale by weight or mimerical count; standard containers.—^All commodities shall be offered for sale or sold upon the basis of avoirdupois net weight or by numerical count only, and it shall be unlawful for anyone to use or employ any dry capacity measure, basket,

barrel or container of any kind as a means of determining the

amounts or quantities of any commodities offered for sale, or sold:

Provided, however, That the provisions of this act shall not be

construed to apply to fruits and vegetables sold in the original

standard container, nor to vegetables which by common custom are

offered for sale, or sold by the bunch ; nor shall the provisions of this act be construed to apply to fresh berries and to other small fruits

which are customarily offered for sale, and sold by the box, basket

or other receptacle, except, however, when such fresh berries or such

other small fruits are offered for sale, or sold in bulk, in which case the provisions of this act shall apply to the extent that such fresh

berries and such other small fruits shall be offered for sale, and sold

by avoirdupois net weight only: Provided, further, however, That

all fresh berries and such other small fruits when offered for sale or

sold shall be so offered or sold in boxes, baskets or receptacles of

uniform size to hold one quart or one pint dry measure only, which

said boxes, baskets or other receptacles shall be imiformly and evenly

filled throughout.

The term " commodities " as used in this section shall be construed

to mean commodities or articles other than liquids, which are capable of being measured by dry capacity measure. The term " original standard container " as used in this section

shall be construed to mean and include only barrels, boxes, baskets,

hampers, or similar containers the dimensions or capacity of which

is established by law of this State or by act of Congress, the contents of which have not been removed ot* repacked, and upon which is plainly and conspicuously marked the net quantity of contents thereof in terms of weight, measure or numerical count.

Sec. 13. Weighmasters ; appointment and duties.—The State commissioner of weights and measures upon application of any county,

city, town, corporation, individual, firm, association or institution

may designate one or more employees or some other suitable person

or persons, to act as weighmaster for such county, city, town, cor- poration, individual, firm, association or institution. Such weighmaster shall be appointed for a specified term and shall, before

entering upon his duties, make oath faithfully to execute his trust

as weighmaster. Said commissioner of weights and measures shall

issue and keep record of a certificate of appointment which shall

designate the location of said scale or scales or measuring devices

to be operated by said weighmaster. The rights and duties of

weighmasters shall be prescribed by said State commissioner and

such weighmasters shall not receive compensation from the State

for duties so performed. Any weighmaster who misrepresents the

quantity of commodities weighed or measured by him, or otherwise

misconducts himself in the execution of his duties of weighmaster

shall be guilty of a misdemeanor and upon conviction, shall be

punished as set forth in section 15 of this act and shall forfeit his

certificate as weighmaster.

Sec. 14. Definition of terms.—The word " person " as used in this act shaU be considered to include also firm, copartnerships, or cor-
236 LAWS CONCERNING WEIGHTS AND MEASUEES

porations. The term " device " or " devices " as used in this act

shall be construed to include all weights, scales, beams, mechanical

devices or other instruments. The word " sell," " sale " or " buy " as used in this act shall be construed to include barter and exchange.

Sec. 15. Penalties.—Except where a specific penalty is otherwise

provided, any person, firm, copartnership or corporation who shall

violate any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall, for a first offense,

be fined in any sum not less than ten dollars ($10) and not more than

one hundred dollars ($100), to which may be added imprisonment

for a term of not to exceed three months, and for a second or other

subsequent offense shall be punished by a fine of not less than

twenty dollars ($20) and not more than five hundred dollars ($500),

to which may be added imprisonment for a term of not more than

six months.

Sec. 17. Constitutionality.—That if any clause, sentence, paragraph,

or part of this act shall for any reason be adjudged by any court

of competent jurisdiction to be invalid, such judgment shall not

affect, impair, or invalidate the remainder of this act, but shall be

confined in its operation to the clause, sentence, paragraph, or part

thereof directly involved in the controversy in which such judgment has been rendered.

Burns' Ann. Stats., Suppl. 1921, ch. 133, p. 2257.

Sec. 10525k (1917). Articles to be sold by weight.—That aU articles

hereinafter mentioned when sold shall be sold by avoirdupois

weight or numerical count, to wit: Apples, grapes, peaches, pears, plums, quinces, cranberries, prunes, raisins, dates, figs, dried apples,

dried peaches, apricots, rice, beans, green beans, carrots, onions,

parsnips, potatoes, sweet potatoes, tomatoes, turnips, beets, peas, green peas, cabbage, cauliflower, endive, lettuce, spinach, sauer- kraut, barley, bran, buckwheat, corn in ear, shelled corn, corn meal,

flour, wheat, rye, oats, sweet corn in ear, shelled sweet corn, hominy,

dried sweet corn, popcorn in ear, shelled popcorn, bluegrass seed,

broom corn seed, canary seed, cotton seed, clover seed, timothy

seed, hemp seed, malt, millet, onion sets, orchard grass seed, rape

seed, red top seed, English walnuts, black walnuts, hickory nuts,

Brazil nuts, pecans, almonds, filberts, ice, coal, coke, lime, salt, sugar, tea, coffee, bulk spices, cheese, butter, oleomargarine, lard,

fresh and salt meats, fish, game, fowls, chopped feed, candy and

other commodities usually and customarily sold by weight: Provided, That nothing in this section shall apply to seeds in sealed

packages : And further provided, That the provisions of this section

shall not apply to the sale of articles where both buyer and seller in writing agree to other methods of sale: And provided further,

That nothing in this act shall be construed to apply to the original

producer of foodstuffs delivering from house to house direct from

the source of production, or delivering at the source of production.

Sec. 105251. Exceptions.—Fresh vegetables which are customarily

sold by the bunch, such as young onions, radishes, celery and

watercress; fresh berries, customarily sold by the box as hereinafter

provided, such as strawberries, raspberries, blackberries and currants, shall not be included in the provisions of this law. All fresh

berries, such as strawberries, raspberries and currants sold or offered
INDIANA 237

for sale by any person, firm or corporation, shall be sold by avoirdupois net weight, or in uniform sized baskets, boxes or other receptacles containing one quart, or one pint standard dry measure and

in no other way and the said receptacles shall be uniformly and

evenly filled throughout.

Sec. 10525m. Penalty.—That whoever by himself, his servant, or

agent, or as the servant or agent of another person sells or offers for sale any article enumerated in this act in any other manner

than provided by this act shall be deemed guilty of a misdemeanor

and upon conviction thereof, shall for the first offense be punished

by a fine of not less than ten dollars ($10.00) nor more than thirty

dollars ($30.00) ; for the second offense, by a fine of not less than

twenty-five dollars ($25.00) nor more than one hundred ($100.00)

and for the third and subsequent offenses, by a fine of one hundred

dollars ($100.00) and imprisonment in the county jail for not less than thirty (30) nor more than ninety (90) days.

Sec. 10525n. Exemptions from act.—Apples sold by the standard

United States apple barrel ^ of seven thousand fifty-six (7,056)

cubic inches, or by the standard apple box of the following dimensions, to wit: Sixteen and one-half inches deep (16^^), eleven and

one-half inches wide (11%) and eighteen inches long (18), inside

measurement; and cranberries sold by the United States standard

cranberries [cranberry] barrel shall be exempted from the provisions

of this act.

Sec. 10525o (1921). Use of false scales, weights, and measuring devices;

penalty.—Any person, firm or corporation engaged in the business of

buying grain, livestock, feed, junk, or other commodity, who shall

have in his or their possession for use in such business, or shall use, any false scales, weights or measuring devices or weighing devices, or any person, firm or corporation who by himself or themselves, or by his agent or their agent, shall buy or offer to huj or accept

any livestock, grain, feed, junk or other commodity weighed or measured by such false weighing or measuring device, or any grain,

livestock, feed, junk or other commodity which has been made

subject to any false representation or manipulation of its true weight

or measure, shall be guilty of a misdemeanor and upon conviction

in any court of competent jurisdiction shall be punished by a fine of

not less than ten dollars nor more than one hundred dollars, to which

may be added imprisonment in the county jail for not more than

three months, upon first conviction; and upon second or subsequent

conviction shall be punished by a fine of not less than twenty dollars nor more than five hundred dollars to which may be added imprisonment in the county jail for not more than six months.

Sec. 10525p. Enforcement of act.—It shall be the duty of the State

commissioner of weights and measures, his deputies. State, city and

county sealers, and inspectors of weights and measures to enforce

the provisions of this act; and said commissioner, his deputies.

State [,] city and county sealers and inspectors of weights and measures are hereby authorized to exercise all police powers already con- ferred upon them by existing State laws pertaining to weights and

measures for the purpose of such enforcement.

Sec. 10525q. Act supplemental.—This act shall be construed to supplement existing laws pertaining to and governing weights and

> See p. 19.
238 LAWS CONCEENING WEIGHTS AND MEASUEES

measures in the State of Indiana and. shall not be construed as repealing any such laws.

Bums' Ann. Stats., 1914, Vol. 4, eh. 133, p. 1106.

Sec. 10518 (1852). County board to procure standards.—Each board

of county commissioners shall procure a set of the following measures and weights : One measure of one foot, or twelve inches, English

measure, so-called ; also one measure of three feet, or thirty-six inches,

as aforesaid; also one half-bushel measure (which shall contain one thousand and seventy-five and one-fifth solid inches), and one gallon measure (which shall contaiu two hundred and thirty-one solid

inches), which measures are to be of wood or of any metal the court may think proper ; also one set of weights commonly called avoirdupois weights; which weights and measures shall be sealed with the

name or initial letters of the county, and shall be kept by the county

auditor, for the purpose of trying and sealing the weights and measures used in his county.

Sec. 10519. Notice; auditor's duty; sealing.—As soon as such board

of county commissioners shall have furnished the set of weights

and measures as aforesaid, it shall cause notice thereof to be given,

at the courthouse door, for one month; and any person desirous

of having his weights and measures tried by the county standard

shall apply to the coimty auditor of the county in which he shall

live, and if they correspond with the standard, the coimty auditor

shall seal them with the seal provided for that purpose.^

Sec. 10522 (1885). Standard bushel to be a legal tender.—^All the

different kinds of grain, seeds and articles specified in this act ^ shall

hereafter be given and taken at the several weights affixed to each

as a standard bushel, and as such shall be considered a legal tender to

fulfill any contract made for the delivery of either of the kinds of

grain, seeds or articles specified in this act. Sec. 10523 (1897). Wheat, how measured.—That it shall be unlawful

for any person, commission merchant, miller, dealer, grain inspector,

corporation, company, firm or association, either by himself, itself,

officer, agent or employe, when purchasing wheat or receiving it in

barter or exchange for flom' or otherwise, from the owner, his agent

or employe, to use for the purpose of testing or determining the

weight, grade, milling or market value of wheat any measure other

than the standard half-bushel measure furnished this State by the

United States, and the use of any fractional part of said standard

half-bushel measure for such purpose will be a violation of this

section.

Sec. 10524. T*!Canner of measuring.—^It shall be unlawful to use anything other than a straight stick Avith the edges square for leveling

the wheat in said half-bushel measure, for the purpose of testing the

weight, grade, milling or market value of wheat : Provided^ That the

provisions of this act shall not apply to wheat or grain that is in- spected or graded by the car load under the regulations *of any board

of trade.

Sec. 10525. Violation of act; penalty.—Any person violating the provisions of this act shall be guilty of a misdemeanor, and upon con2 Sees. 10520 and 10521 are the same as sec. 2609, which see.

* See sec. 260& for weights specified for grain.
INDIANA 239

viction, shall be fined in any sum not more than one hundred dollars nor less than ten dollars, to which can be added imprisonment in the

county jail for a period not exceeding six months, in the discretion

of the judge or jury trying the same.

Burns' Ann. Stats., Snppl. 1921, ch. 81, p. 1117.

Sec. 7637s (1919). Standard weight of loaf of bread.—Bread to be

sold by the loaf made by bakers engaged in the business of wholesaling and retailing bread, shaU be sold based upon any of the fol- lowing standard weights and no other ; namely, a loaf weighing

three-quarters of a pound, a loaf weighing one pound, a loaf weighing one and one-half i^ounds and loaves weighing two pounds, or some other midtiple of one pound. These shall be the standard

weights for bread to be sold by the loaf and such bread shall not

be sold of other weights. The State commissioner of weights and

measures shall adopt and establish by rules such reasonable toler- ances or variations within which these weights of standard loaves

shall be kept: Provided^ however^ That such tolerances and variations shall not exceed one ounce per pound over and one ounce per

pound under the standard unit weight. Every loaf of bread made

or procured for the purpose of sale, sold or offered for sale shall have affixed thereon in a conspicuous place a label upon which there

shall be printed in plain type the weight of the loaf, stated in pounds

or fractions of pounds, or both, as the case may be, together with

the business name of the baker or manufacturer of the loaf. In

the case of wrapped bread, such information shall be stated in a

plain position upon the wrapper of each loaf, and in the case of un- wrapped bread shall be stated upon a label no larger than one by

one and one-half inches in size and not smaller than one inch by

three-quarters of an inch, and such label affixed to an unwrapped

loaf shall not be affixed in any manner or with any gums or pastes

which are unsanitary or unwholesome. It shall be the duty of the

commissioner of weights and measures, and of the sealers of weights

and measures of any city, town or county or any agent thereof re- sponsible for the enforcement of weight and measure laws and ordi- nances under regulations prescribed by the commissioner of weights

and measures to enforce the provisions of this section.

Sec. 7637t. Penalty for violation.—Any person, firm or corporation

who shall violate any of the provisions of this act shall be subject to

a fine of not less than ten dollars, nor more than one hundred dollars, and each day's continuance of any practice, act or condition

prohibited herein shall constitute a separate offense within the meaning of this act. Sec. 7637u. No conflicting enactments.—Except as in this act provided, no city or town or any board or officer thereof shall have

power to exact or make any ordinance, law, resolution, rule or order,

affecting the matters covered by this act. Burns' Ann. Stat., 1914, Vol. 4, ch. 109, p. 218.

Sec. 8655 (1905). General powers of council.—The common council

of every city shall have power to enact ordinances for the followinopurposes

517—26 16
240 LAWS CONCERNING WEIGHTS AND MEASURES

Twenty-second: To regulate the selling, weighing and measuring

of hay, wood, coal, coke and all other articles sold by weight or measure ; to require dealers to keep honest weights and measures and

to provide for inspection of such weights and measures. Laws, 1923, ch. 44, p. 143.

Sec. 1. Standard hampers for fruits and vegetables; specifications.

That the standard hamper for fruits and vegetables shall be the one- peck hamper, one-half bushel hamper, five-eighths bushel hamper,

one bushel hamper, and one and one-half bushel hamper, which re- spectively, shall be of the capacity and conform to the specifications

set forth in this section.

(a) The standard one-peck hamper shall contain five hundred

and thirty-seven and six-tenths cubic inches, and conform to the

following specifications: The inside diameter between staves at the

upper edge of the top inside hoop shall be ten and three-eighths

inches; the inside diameter of the bottom shall be six and one-half

inches ; the inside length of the staves, shall be nine and five-eighths

inches; the inside hoop shall be one-tenth of an inch thick and set with its upper edge even with the upper ends of the staves; each

stave shall be not less than one-tenth of an inch thick and ten and

one-eighth inches long; and the bottom piece shall be one-half of an

inch thick.

(b) The standard one-half bushel hamper shall contain one thousand and seventy-five and twenty-one hundredths cubic inches,

and conform to the following specifications : The inside diameter between staves at the upper edge of the top inside hoop shall be thir- teen inches; the inside diameter of the bottom shall be eight and

one-half inches; the inside length of the staves shall be twelve

inches ; the inside top hoop shall be one-ninth of an inch thick and set with its upper edge even with the upper ends of the staves; each

stave shall be not less than one-tenth of an inch thick and twelve

and five-eighths inches long; and the bottom piece shall be five- eighths of an inch thick.

(c) The standard five-eighths bushel hamper shall contain one

thousand, three hundred forty-four cubic inches and conform to the

following specifications: The inside diameter between staves at the

upper edge of the top inside hoop shall be fourteen and one-fourth

inches; the inside diameter of the bottom shall be nine inches; the

inside length of the staves shall be twelve and seven-eighths inches;

the inside top hoop shall be one-eighth of an inch thick and set with its upper edge even with the upper ends of the staves; each

stave shall be not less than one-ninth of an inch thick and thirteen

and one-half inches long; and the bottom piece shall be five-eighths

of an inch thick.

(d) The standard one bushel hamper shall contain two thousand

one hundred and fifty and forty-two one-hundredths cubic inches,

and conform to the following specifications: The inside diameter

between staves at the upper edge of the top inside hoop shall be

fifteen and one-eighth inches ; the inside diameter of the bottom shall be nine inches; the inside length of the staves to the upper edge of

the top inside hoop shall be nineteen inches; the inside hoop shall be one-eighth of an inch thick and set with its upper edge three-
INDIANA 241

eighths of an inch below the upper ends of the staves; each stave

shall be not less than one-eighth of an inch thick and twenty inches

long ; and the bottom piece shall be five-eighths of an inch thick.

{e) The standard one and one-half bushel hamper shall contain

three thousand two hundred and twenty-five and sixty-three one- himdredths cubic inches, and conform to either of the following

specifications

(1) The inside diameter between staves at the upper edge of

the top inside hoop shall be sixteen and one-fourth inches; the in- side diameter of the bottom shall be nine inches ; the inside length of

the staves to the upper edge of the top inside hoop shall be -twentysix inches; the inside top hoop shall be one-eighth of an inch thick

and set with its upper edge three-eighths of an inch below the

upper ends of the staves ; each stave shall be not less than one-sixth

of an inch thick and twenty-seven inches long, and the bottom piece

shall be five-eighths of an inch thick.

(2) The inside diameter between staves at the upper edge of

the top inside hoop shall be sixteen and three-fourths inches; the

inside diameter of the bottom shall be ten inches; the inside length

of the staves to the upper edge of the top inside hoop shall be

twenty-three inches; the inside top hoop shall be one-eighth of an

inch thick and set with its upper edge three-eighths of an inch

below the upper ends of the staves, each stave shall be not less than one-eighth of an inch thick and twenty-four inches long; and

the bottom piece shall be five-eighths of an inch thick.

Sec. 2. Standard round-stave baskets ; specifications.—That the standard round-stave basket for fruits and vegetables shall be the one- fourth bushel basket, one-half bushel basket, five-eighths bushel

basket, one bushel basket, one and one-half bushel basket, and twobushel basket, which, respectively, shall be of the capacity and

conform to the specifications set forth in this section.

(a) The one-fourth bushel rovmd-stave basket shall contain five hundred thirty-seven and six-tenths cubic inches, and conform to the following specifications: The inside diameter at the upper inner

edge of the top inside hoop shall be ten and seven-eighths inches;

the average inside depth shall be not less than six and three-fourths

inches; the web shall consist of twenty intersecting staves of such

length that they will conform the side and bottom of a basket which

shall contain eight quarts standard dry measure.

(&) The one-half bushel round-stave basket shall contain one thousand and seventy-five and twenty-one one-hundredths cubic

inches, and conform to the following specifications: The inside

diameter at the upper inner edge of the top inside hoop shall be

thirteen and one-half inches; the average inside depth shall be not

less than eight and one-half inches; the web shall consist of twenty

intersecting staves, each not less than one-eighteenth of an inch

thick and of such length that they will form the sides and bottom

of a basket which shall contain sixteen quarts, standard dry measure.

(c) The five-eighths bushel round-stave basket shall contain one thousand and three hundred and forty- four cubic inches, and con- form to the following specifications: The inside diameter at the

upper inner edge of the top inside hoop shall be thirteen and one- half inches; the average inside depth shall be not less than ten and
242 LAWS CONCEKNING WEIGHTS AND MEASURES

one-fourth inches ; the web shall consist of twenty intersecting staves,

each not less than one-eighteenth of an inch thick and of such length

that they will form the sides and bottom of a basket which shall contain twenty quarts, standard dry measure.

(d) The one-bushel round-stave basket shall contain two thousand one hundred and fifty and forty-two one-hundredths cubic

inches, and conform to the following sjiecifications : The inside

diameter at the upper inner edge of the top inside hoop shall be

seventeen inches; the average inside depth shall be not less than

ten and three-fourths inches; the web shall consist of twenty inter- secting staves, each not less than one -eighteenth of an inch thick

and of such length that they will form the sides and bottom of a basket which shall contain thirt,y-two quarts, standard dry measure.

(e) *'rhe one and one-half bushel round-stave basket shall contain

three thousand two hundred and twenty-five and sixty-three one- hundredths cubic inches and conform to the following specifications

:

The inside diameter at the upper inner edge of the top inside hoop

shall be nineteen and three-eighths inches ; the average inside depths

shall be not less than twelve and three-fourths inches; the web shall consist of twenty-four intersecting staves, each not less than onesixteenth of an inch thick and of such length that they will form

the sides and bottom of a basket which shall contain forty-eight

quarts, standard dry measure.

(/) The two-bushel round-stave basket shall contain four thousand three hundred and eighty-four one-hundredths cubic inches

and conform to the following specifications : The inside diameter

at the upper inner edge of the top inside hoop shall be twenty-one

inches; the average inside depth shall be not less than fourteen

inches ; the web shall consist of twentj^-four intersecting staves, each

not less than one-sixteenth of an inch thick and of such length that

they will form the sides and bottom of a basket which shall contain

sixty-four quarts, standard dry measure.

Sec. 3. Standard splint baskets; specifications.—That the standard

splint basket for fruits and vegetables shall be the four-quart basket,

eight-quart basket, twelve-quart basket, sixteen-quart basket, and

twenty-four quart basket, standard dry measure.

(a) The four-quart splint basket shall contain two hundred and

sixty-eight and eight-tenths cubic inches and conform to the specifications in one of the two following numbered subdivisions:

(1) The approximate inside dimensions of the top across the center shall be seven inches by twelve inches. The approximate

inside dimensions of the bottom at the corners shall be five and threefourths inches by ten and one-half inches. The inside depth at the corners shall be "four inches.

(2) The inside dimensions of the square cornered splint basket

at the top shall be six inches by twelve inches. The inside dimensions of the bottom shall be five and one-half inches by eleven and

one-half inches. The inside depth at the corners shall be four inches.

(&) The eight-quart splint basket shall contain five hundred and

thirty-seven and six-tenths cubic inches and conform to the specifications in one of the three following numbered subdivisions

:

(1) The approximate inside dimensions of the top across the

center shall be eight inches by fourteen inches. The approximate
INDIASTA 243

inside dimensions of the bottom at the corners shall be seven inches

by tTrelve inches. The inside deptli at the corners shall be five inches.

(2) The approximate inside dimensions of the top across the

center shall be nine and one-half inches by sixteen and one half

inches. The approximate inside dimensions of the bottom at the

corners shall be seven and one-half inches by fourteen and one-half

inches. The inside depth at the corners shall be four inches.

(3) The inside dimensions of the square-cornered splint basket at the top shall be seven and three-eighths inches by fifteen and one- half inches. The inside dimensions of the bottom shall be seven

inches by fourteen and one-half inches. The inside depth at the corners shall be five inches.

((?) The twelve-quart splint basket shall contain eight hundred

and six and four-tenths cubic inches and conform to the specifications in one of the three following numbered subdivisions

(1) The approximate inside dimensions of the top across the

center shall be nine and one-half inches by sixteen inches. The approximate inside dimensions of the bottom at the eorners shall be

eight and one-half inches by fourteen inches. The inside depth at the corners shall be five and one-half inches.

(2) The approximate inside dimensions of the top across the

center shall be eleven and one-half inches by seventeen and one-half

inches. The approximate inside dimensions of the bottom at the cor- ners shall be eight and one-half inches by fourteen and one-half

inches. The inside depth of the basket at the corners shall be five inches.

(3) The inside dimensions of the square-cornered splint basket at the top shall be eight and five-eighths inches by seventeen and onehalf inches. The inside dimensions of the bottom shall be eight

inches by sixteen and three-eighths inches. The inside depth at the

corners shall be five and three-fourths inches.

(d) The sixteen-quart splint basket shall contain one thousand

and seventy-five and twenty-one one-hundredths cubic inches, and

conform to the specifications in one of the three following numbered

subdivisions

(1) The approximate inside dimensions of the top across the center shall be ten and one-half inches by eighteen and one-half inches.

The approximate inside dimensions of the bottom at the corners shall be eight and one-half inches by sixteen inches. The inside depth at the corners shall be six and one-half inches.

(2) The approximate inside dimensions of the top across the

center shall be eleven and one-half inches by nineteen and one-half

inches. The approximate inside dimensions of the bottom at the cor- ners shall be eight and one-half inches by sixteen and one-half inches.

The inside depth at the corners shall be six inches

(3) The inside dimensions of the square-cornered splint basket at the top shall be nine inches by nineteen inches. The inside dimensions of the bottom shall be eight and one-half by eighteen inches.

The inside depth at the corners shall be six and five-eighths inches.

(e) The twenty-four quart splint basket shall contain one thousand six hundred and twelve and eighth-tenths cubic inches, and

conform to the specifications in one of the three following numbered

subdivisions
244 LAWS COKCEEKIKG WEIGHTS AITD MEASUBES

(1) The approximate inside dimensions of the top across the center shall be twelve inches by twenty inches. The approximate inside

dimensions of the bottom at the corners shall be ten inches by sev- enteen and one-half inches. The inside depth of the basket at the

corners shall be seven and on-half inches.

(2) The approximate inside dimensions of the top across the center shall be twelve inches by twenty-three inches. The approximate

inside dimensions of the bottom at the corners shall be nine inches

by nineteen inches. The inside depth of the basket at the corners

shall be seven inches.

(3) The inside dimensions of the square-cornered splint basket

at the top shall be ten and five-eights inches by twenty-two and

one-fourth inches. The inside dimensions of the bottom shall be

nine and five-eighths inches by twenty and one-half inches. The

inside depth of the basket at the corners shall be seven and one-half

inches.

Sec. 4. Standard Climax baskets ; specifications.—That standards for

Climax baskets for grapes and other fruits and vegetables shall

be the two-quart basket, four-quart basket and twelve-quart basket

respectively

.{a) The standard two-quart Climax basket shall be of the fol- lowing dimensions: Length of bottom piece, nine and one-half

inches ; width of bottom piece, three and one-half inclies : thick- ness of bottom piece, three-eighths of an inch: height of basket,

three and seven-eighths inches, outside measurement: top of basket,

length eleven inches and width five inches outside measurement.

Basket to have a cover of five by eleven inches, when a cover is used.

(h) The standard four-quart Climax basket shaU be of tlie fol- lowing dimensions : Length of bottom piece, twelve inches ; width

of bottom piece, four and one-half inches; thickness of bottom

piece, three-eighths of an inch; height of basket, four and elevensixteenths inches outside measurement ; top of basket, length four- teen inclies, width six and one-fourth inches, outside measurement.

Basket to have cover six and one-fourth inches by fourteen inches,

when cover is used.

(c) The standard twelve-quart Climax basket shall be of the

following dimensions : Lentgh of bottom piece, sixteen inches

width of bottom piece, six and one-half inches ; thickness of bottom

piece, seven-sixteenths of an inch; height of basket, seven and onesixteenth inches, outside measurement : top of basket, length nine- teen inches, width nine inches, outside measurement. Basket to have cover nine inches by nineteen inches, when cover is used.

Sec. 5. Standard containers for small fruits; capacities.—That standard basket or other container for berries and other small fruits

and vegetables sliall be of the following capacities; namely, dry

one-half pint, dry pint, dry quart, or multiples of the dry quart.

~

(a) The dry half-pint sliall contain sixteen and eight-tenths

cubic inches.

(h) The dry pint shall contain thirty-three and six-tenths cubic

inches.

(c) The dr}^ quart shall contain sixty-seven and two-tenths cubic

inches.
INDIAJTA 245

Provided^ That the provisions of this section shall not be con- strued to permit the manufacture, sale or use of hampers, roundstave baskets, Climax baskets or splint baskets in any other multiples of a quart than those enumerated in sections 1, 2, 3, and 4

hereof.

Sec, 6. Food and drug commissioner to prescribe tolerances.—That the

State food and drug commissioner shall in his regulations under this act prescribe such tolerances as he may find necessary to allow in the

capacities and specifications for hampers, round-stave baskets,

splint baskets, Climax baskets and baskets or other containers for

berries and other small fruits and vegetables, and parts thereof, set forth in sections 1, 2, 3, 4 and 5 of this act, in order to provide for

reasonable variations occurring in the course of manufacture and

handling, and shall also prescribe such tolerances as he may find

necessary to allow for the purposes of section 8 of this act in the

quantities of fruits or vegetables in hampers, round-stave baskets,

splint baskets. Climax baskets and baskets and other containers for

berries and other small fruits and vegetables, in order to provide for

the natural shrinkage of such contentsi after packing. If a cover be used upon any hamper or basket or other containers mentioned

in this act, it shall be securely fastened or attached in such a manner,

subject to the regulations of the State food and drug commissioner, as not to reduce the capacity of such hamper, basinet or other container below that prescribed therefor. The provisions in sections 1, 2, 3, 4 and 5 of this act, covering specifications and dimensions, shall

apply only to hampers and baskets made of wood or of which wood

is the principal material; but hampers and baskets which are not

made of wood or of which wood is not the princijDal material, shall not depart from the respective capacities therein prescribed.

All regulations and tolerances established by the State food and

drug commissioner shall be in conformity with those from time to time promulgated by the United States Department of Agriculture.

Sec. 7. Authority to change specifi.cations.—That in order to provide

for the more economical rise of space in packing or transportation,

or for the greater conservation of material or labor in manufacture

or handling or of the contents in course of shipment, of hampers,

round-stave baskets, splint baskets and Climax baskets for fruits or

vegetables, or parts thereof, the State food and drug commissioner

whenever he finds it necessary, may, in his regulations, prescribe

specifications with respect to the material used, or the dimensions

thereof, for such hampers, round-stave baskets, splint baskets. Climax baskets or baskets or other containers for berries or other small

fruits and vegetables or parts thereof in addition to, differing from,

or superseding those set forth in sections 1, 2, 3, 4 and 5 of this act, but not departing from the respective capacities therein prescribed.

Such specifications shall not supersede any specifications set forth

in this act until a period of at least six months shall have elapsed

after public notice shall have been given following an ojpportunity

afforded the interested public for a hearing.

Sec. 8. Manufacture and use of containers contrary to this act ; penalty.—That it shall be unlawful to manufacture for sale or shipment,

sell, offer for sale, ship, offer for shipment in the State of Indiana,

hampers, round -stave baskets. Climax baskets, splint baskets for
246 LAWS CONCEENIKG "WEIGHTS AND MEASUEES

fruits or vegetables, or baskets or other containers for berries or other small fruits and vegetables, either filled or unfilled, or parts

of such hampers, round-stave baskets, splint baskets, Climax baskets or baskets or other containers for berries or other small fruits and

vegetables that do not comply with this act, and it shall be unlawful to sell, offer for sale, ship or offer for shipment fruits or vegetables,

not sold or offered for sale by standard net weight or by numerical

count, in hampers, round-stave baskets, splint baskets, Climax baskets or baskets or other containers for berries or other small fruits

and vegetables that at the time of such sale or offer for sale, shipment

or offer for shipment are not filled to the full capacity thereof,

stricken measure, subject to such tolerances as may be prescribed in

fche regulations under this act. Any individual, partnership, association, or corporation that willfully violates this section shall be

deemed guilty of a misdemeanor, and upon conviction thereof shall

be punished hj a fine not exceeding one hundred dollars ($100) or imprisonment not exceeding sixty days, or both : Provided, That no

person shall be prosecuted under the provisions of this act when he

can establish a guaranty signed by the manufacturer, wholesaler,

shipper, or other party residing within this State from whom

hampers, round-stave baskets. Climax baskets, splint baskets or other

baskets or containers, as defined in this act, were purchased to the

effect that said "hampers, round-stave baskets. Climax baskets, splint

baskets or other baskets or containers are correct within the meaning of this act. Said guaranty, to afford protection, shall contain

the name and address of the party or parties making the sale of

hamjDers, round-stave baskets, Climax baskets, splint baskets or other

baskets or containers to such person, and in such case such party or

parties making such sale shall be amenable to prosecution, lines,

and other penalties which would attach in due course to any person

under the provisions of this act.

Sec. 9. Containers not complying with this act may be confiscated.

That any hamper, round-stave basket. Climax basket or splint basket

for fruits or vegetables, or other basket or container for berries or other small fruits and vegetables, whether filled or unfilled, or parts

of such hampers, round-stave baskets. Climax baskets, splint baskets, or other basket or container for berries or other small fruits and

vegetables, not complying with this act, which shall be manufactured for sale or shipment, offered for sale, sold or shipped, may

be proceeded against in any court of competent jurisdiction of this

State and within the county where the same shall be found and may

be seized for confiscation by a process of libel for condemnation.

Upon request, the person entitled shall be permitted to retain or take possession of the contents of such hampers, baskets or containers, but, in the absence of such recjuest or when the perishable

nature of such contents makes such action immediately necessary, the same shall be disposed of b}^ destruction or sale as the court

or a judge thereof may direct. If such hampers, round-stave baskets,

splint baskets. Climax baskets or other basket or container for berries or other small fruits and vegetables, or parts thereof be found in

such proceeding to be contrary to this act, the same shall be dis- posed of by destruction, except that the court may by order direct

that such hampers, baskets or containers, or parts to be returned
INDIANA 247

to the owner thereof, or sold, upon the payment of the costs of such

proceeding and the execution and delivery of a good and sufficient bond to the effect that such hampers, baskets, or containers, or parts

thereof shall not be sold or otherwise disposed or used contrary to law. The proceeds of any sale under this section, less legal costs and charges, shall be paid over to the person entitled thereto.

Sec. 10. Shipment to other States.—That this act shall not prohibit

the manufacture for sale or shipment, offer for sale, sale or shipment of hampers, round-stave baskets, splint baskets, Climax baskets, or baskets or containers for berries or other small fruits and vegetables, or parts thereof to any other State or foreign country in ac- cordance with the specifications of a consignee or customer not contrarjT^ to the law of such State or foreign country ; nor shall this act prevent the manufacture or use of banana hampers of the shape

and character now in commercial use as shipping containers for

bananas.

Sec. 11. Duty of prosecuting attorney.—That it shall be the duty of

each prosecuting attorney to whom satisfactory evidence of any

violation of this act is presented to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the State of

Indiana in his circuit for the enforcement of the provisions of this

act.Sec. 12. Duty of food and drug commissioner.—That it shall be the duty

of the State food and drug commissioner to enforce all the provisions of this act and he shall prescribe such regulations as he may

find necessary for carrying into effect the provisions of this act, and

shall cause such examinations and tests to be made as may be neces- sary in order to determine whether hampers, round-stave baskets,

and splint baskets. Climax baskets and baskets or containers for

berries or other small fruits and vegetables, or parts thereof, subject

to this act, meet its requirements. For said purpose the authorized

officers and agents of the food and drug department may visit factories, stock rooms, and other places of business where such hampers,

baskets, and containers, or parts thereof, are manufactured or held

for sale or shipment or offered for sale and may enter cars, vessels,

other vehicles, and places under the control of carriers engaged in

the transportation of such hampers, baskets, and containers, or parts

thereof, and may take samples of such hampers, baskets and boxes

or parts thereof or upon written request from the State food and

drug commissioner or his authorized agents any manufacturers, shippers, carriers or holders of such hampers, baskets and containers or parts thereof shall furnish samples of such hampers, baskets and

containers or parts thereof as are required for the purpose of inspection, as in this act provided.

Sec. 13. Cooperation with local authorities.—That for carrying out the

purpose of this act the food and drug commissioner is authorized to cooperate with State, county, and municipal authorities, manufacturers, dealers and shippers.

Sec. 14. Application to containers made of wood.—That the provisions of this act establishing dimensions and specifications for the

several baskets, hampers and containers named shall apply only to

baskets, hampers, and containers made of wood for fruits and vegetables, but the standard sizes established and the cubical contents
248 LAWS CONCEKNING WEIGHTS AND MEASURES

thereof shall apply to all baskets, hampers and other containers for

fruits and vegetables of whatever material made.

Sec. 15. Construction of act.—That nothing in this act shall be con- strued to permit of sales by standard hampers, baskets or containers

without regard to weight or numerical count now required by law to be sold by weight or numerical count. Burns' Ann. Stat., 1914, Vol. 1, eh. 5, p. 1115.

Sec. 2590d (1913). Advertisements; false statements; penalty.—That

if any person, firm, association or corporation or any employee

thereof, in a newspaper, circular, form letter or other publication

published, distributed or circulated in this State or on any billboard,

sign, card, label or other advertising medium displayed on, in or near

a street, electric car, show case, store or other place in this State,

knowingly makes or disseminates or causes to be made or disseminated any statement, or assertion of facts concerning the quantity,

the quality, * * * or concerning the manner or source of purchase of such merchandise, or the possession of rewards, prizes or

distinctions conferred on account of such merchandise, which state- ment or assertion has the appearance of an offer advantageous to the purchaser and is untrue or calculated to mislead, the person or corporation, or the member or members of a firm or association,

causing such statement or assertion to be made or disseminated, also the employee making or disseminating such statement or assertion,

shall be guilty of a misdemeanor, and shall be liable to a fine of not

less than ten (10) nor more than five hundred dollars ($500) for each

offense.

Sec. 2606 (1905). Short weight.—Whoever knowingly sells or directs or permits any person in his employ to sell any property, and makes

or gives any false or short weight or measure of such property, and

any person owning, or having charge of scales, measures or steel- yards, for the purpose of weighing or measuring any property, who

knowingly reports any false or untrue weight or measure, Avhereby

any person may be defrauded or injured, shall, on conviction, be

fined not less than ten dollars nor more than one hundred dollars.

Sec. 2607. Selling coal by false weight.—Whoever knowingly sells and delivers any coal except at the weight and measure prescribed by

law, shall, on conviction, be fined not less than five dollars nor more

than one hundred dollars.

Sec. 2608. Gas meters.—Whoever knowingly constructs, or uses or

furnishes to gas consumers to be used, any false meter provided

for measuring and registering the quantity of gas consumed by any

person under a contract with any gas company, shall, on conviction,

be fined not less than ten dollars nor more than one hundred dollars. Burns' Ann. Stats., Suppl. 1921, ch. 5, Art. 11, p. 258.

Sec. 2609 (al917). Weights and measures, standard.—The avoirdupois weight of beef or pork in each barrel shall be two hundred

pounds; and of flour in each barrel, one hundred and ninety-sis

pounds; of sorghum molasses, eleven pounds per gallon; of maple

molasses, eleven pound per gallon; of hay, straw, ice, coal or coke,

two thousand pounds shall fee given and taken for a ton.* * *

*

* So much of this section as relates to the sale of commodities by the bushel is super- seded by Laws, 1925, ch. 86, p. 247.
249

Any person, firm or corporation who buys or sells any of the articles or commodities enumerated in this section, at a measure or fraction

thereof differing in the weiglit from the standard herein prescribed

shall be guilty of a misdemeanor and shall, on conviction, for the

first offense, he punished by fine of not less than ten dollars nor more than thirty dollars : for the second offense, by a fine of not

less than $25.00 nor more than $100.00. and for the third and subsequent offense, by a fine of $100.00 and imprisonment in the coimtry

jail for not less than thirty days nor more than ninety days.

Bums' Ann. Stats., 1914, Vol. 1, ch. 5, p. 1115.

Sec. 2610 (1905). Wheat; inspection; weight; grade.—It shall be

unlawful for any person, commission merchant, miller, dealer, grain

inspector, corporation, comi^an}', firm or association, either by himself, itself, officer, agent or employe, when purchasing wheat or re- ceiving it in barter or exchange for flour or otherwise, from the

owner, his agent or employe, to use for the purpose of testing or determining the weight, grade, milling or market value of wheat,

any measure other than the standard half-bushel measure furnished

this State by the United States; and the use of any fractional part

of said standard half-bushel measure for such purpose will be a violation of this section. It shall likewise be unlawful to use anything

other than a straight stick with the edges square for leveling the

wheat in said half-bushel measure, for the purpose of testing the

Aveight, grade, milling or market value of wheat: Provided^ That

the provisions of this section shall not ajoply to wheat or grain that

is inspected or graded by the car load under the regulations of any

board of trade. Any person violating any of the provisions of this

section, shall, on conviction, be fined not less than ten dollars nor more than one himdred dollars, to which may be added imprisonment

in the county jail not exceeding six months.

Burns' Ann. Stats., Suppl., 1921, ch. 5, Art. 11, p. 258.

Sec. 2613a (1915). Rags, paper; sale; fraudulent weight.—That any

person, firm, co-partnership or coi-poration engaged in the packing or shipping of rags and paper stock for use in felt making and paper

mills, in bales, bundles, boxes or other containers, in this State, who

shall laiowingi}^ and wilfully pack or ship, or who, in the conduct of

such business shall knowingly and wilfully cause to be packed or shipped with the rags in such bales, bundles, boxes or other containers anj' dead animals, stone, wood, metal, minerals, bone, glass,

leather, rubber or manufactured articles in which are used and at- tached any of the foregoing substances, water or earth, shall be

guilty of a misdemeanor.

Sec. 2613b. Penalty.—Any person, firm, co-partnership or corporation guilty of violating any of the provisions of this act shall be

punished by a fine of not less than ten dollars ($10.00) for each

offense, or by imprisonment in the count}' jail for not more than two

(2) months, or by both such fine and imprisonment.

Bums' Ann. Stat., 1914, Vol. 1, ch. 5, p. 1115.

Sec. 2632 (al905). Short-weight packages.—Whoever packs, brands,

or sells, or causes to be packed, branded or sold, any salt, beef, pork,

flour, tobacco or hay, in barrels or packages, as full barrels or
250 LAWS CONCEENING WEIGHTS AND MEASURES

packages, when such barrels or packages do not contain the weight

which by law they are required to contain, shall, on conviction, be

fined not less than ten dollars nor more than one hundred dollars.

Sec. 2633. Altering inspector's marks; penalty.—Whoever alters or

erases any brand or mark of any inspector, appointed by proper

authority, placed on any barrel of salt, flour, beef, pork, or hogshead of tobacco, or other article authorized by law to be inspected

and branded, shall, on conviction, be fined not less than five dollar-s nor more than one hundred dollars.

Sec. 2713 (1901). Meters open for inspection.—That eA^ery person,

company or corporation now engaged or hereafter engaging in the

business of furnishing natural or artificial gas for heating, illuminating or other purposes, to be used and paid for by patrons by

meter measure, shall furnish to each and every ]Datron a meter

properly tested and in good order, and shall arrange such metei's so that the patron can. at an}^ time, see the meter dial and ascertain

liow much gas he is consuming, and how nuich he is liable to pay for. Burns' Ann. Stats., 1914, Vol. 4, ch. 124A, p. 875.

Sec. 10052kl (1913). Accuracy of meters; rules.—The commission

[public service cojnmission] shall establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurements, and every public utility

is required to carry into effect all orders issued by the commission

relative thereto. Nothing contained in this section shall limit in

any manner any powers or authority vested in municipal corporations as provided in section 110 [section 10052g4].

Sec, 10052 11. Testing of appliances.—The commission shall provide

for the examination and testing of any and all appliances used for

the measuring of any produc^t or service of a public utility. Any

consumer or user may have any such appliance tested upon payment of the fees fixed by the commission. The commission shall declare and establish reasonable fees to be paid for testing such

appliances on the request of the consumers or users, the fee to be

])aid by the consumer or user at the time of his request, but to be

paid by the public utility and repaid to the consumer or user if the appliance or rate be found unreasonably defective or incorrect

to the disadvantage of the consumer or user. Burns' Ann. Stats.. 1914, Vol. 2, ch. 22, p. 486.

Sec. 3920a (1913). Freight weights, determination of in case of

dispute.—That in all cases wherein there is a dispute or failure of

agreement between anj^ common carrier and any consignor, consignee, or the assigns of either, concerning the actual weight of

any shipment over the line of such carrier, or over the line of

such carrier and any other carrier or carriers, or concerning the means o [or] method used or to be used to determine such actual

weight, the same may be referred by any party to the Railroad

Commission of Indiana, for settlement, and disposed of under the

ordinary rules governing notice and procedure by the commission

as in other cases, and the determination by the commission shall be prima facie evidence of such actual weight in all courts and

proceedings in Indiana.
INDIANA 251

Burns' Ann. Stats., Suppl., 1921, ch. 22, p. 419.

Sec. 3920i (1915). Watermelons, shipment and sale.—That it shall be

the duty of every person, or persons, firm or corporation loading

watermelons into cars for transportation, before loading such watermelons to count and weigh the same, and upon such loading being

completed to make out and sign two statements of the weight of

such watermelons and the number thereof contained in said car. One copy of such statement shall be securely attached to said car and the other copy thereof shall be attached to the bill of lading

for said car, and delivered to the consignee or purchaser thereof

at his request.

Sec. 3920j. Statement of count and weight.—It shall be unlawful

for any person, persons, firm or corporation to ship, sell or offer for sale any carload of watermelons without the statements set out

in the last section having been made out, and one copy thereof

being delivered to the purchaser or consignee of such watermelons,

if he shall request it. Sec. 3920k. Penalty.—Any person, persons, firm or corporation who

shall fail to comply with any provisions of this act, or who shall make out any false statement in reference to the contents of said car or the weight thereof, shall be guilty of a misdemeanor, and

upon conviction shall be fined not less than twenty-five dollars nor more than one hundred dollars, to which may be added imprisonment in the county jail for not less than thirty (30) days nor more

than ninety (90) days. Burns' Ann. Stats., 1914, Vol. 3, ch. 81, p. 764.

Sec. 7642 (1907). Net weight to be marked on packages containing

food.—That the term " misbranded," as used herein, shall apply to

all drugs, or articles of food, or articles which enter into the composition of food and drugs, the package or label of which shall bear

any statement, design or device regarding such article, or the ingredients or substances contained therein which shall be false or misleading in any particular, and to any food or drug product which is falsely branded as to the State, Territory or country in which it is manufactured or produced. For the purposes of this act an article shall also be deemed to be misbranded

^ H: * H: ^ 4: 9): In the case of food. * * *

3. If in the package form, and the contents are stated in the terms

of weight or measure, they are not plainly and correctly stated on

the outside of the package.

Burns' Ann. Stats., 1914, Vol. 3, ch. 88, p. 948.

Sec. 7913 (1853). Brands on salt barrels.—An inspector of salt shall brand on one end of the barrel the quality, whether first, second

or third rate, also the weight, specifjdng gross, tare and net.

Sec. 7914. Weight of flour ; brand of qualities.—The weight of flour

in each barrel shall be one hundred and ninety-six pounds. It shall be examined with a three-quarter-inch barrel auger, and shall be

marked of three qualities, the first to be branded " Superfine," the

second " Fine," and the third " Coarse."

Sec. 7915. Beef and pork.—The weight of beef or pork in each

barrel shall be two hundred pounds. According to the quality and
252 LAWS CONCERNING WEIGHTS AND MEASURES

usages of trade, beef shall be branded " Mess beef " and " Prime

beef," and pork shall be branded " Mess pork," " Prime pork," and

" Cargo pork."

Sec. 7917. Hay.—The weight, in pounds, and the quality, determined according to the usages of trade, shall be branded on each

bale of hay.

Sec. 7918. County commissioners may purchase hay-scales.—Such

boards may authorize inspectors of hay to procure, at the expense

of the county, suitable hay-scales. Burns' Ann. Stats., 1914, Vol. 3, ch. 63, p. 465.

Sec. 6866a (1913). Weights and samples of milk and cream; testing.

That it shall be unlawful for any hauler of milk or cream or other

person, or creamery, or other milk plant or agent, receiving milk or cream by weight or test or by weight and test, to fraudulently manipulale the weights of milk or cream of any patron or to take unfair

samples thereof, or to fraudulently manipulate such samples. The

hauler shall weigh the milk or cream of each patron accurately and

correctly to the factory. He shall thoroughly mix the milk or cream of each patron by pouring and stirring until such milk or cream is uniform and homogenous in richness, before the sample is taken from such milk or cream. When the weighing or sampling of

the milk or cream of each patron is done at the creamery, shipping

station or other factory, firm, corporation or individual buying and

paying for milk or cream on the basis of the butter fat contained

therein, the same rule shall apply.

Sec. 6866b. Glassware for testing milk and cream for butter fat.

Every person, firm, company, association, corporation or agent

thereof buying and paying for mi]k or cream on the basis of the

amount of butter fat contained therein as determined by the Babcock test shall use standard Babcock test bottles, pipettes and weights

and accurate scales, as defined in section 13 of this act, and all Babcock test bottles, pipettes and weights shall have been inspected for

accuracy by the Purdue University agricultural experiment station, or its deputy, and shall be legibly and indelibly marked by the said

Purdue University agricultural experiment station, or its deputy,

with the letters S. (i. P." (Standard Glassware Purdue). No bottle, pipette or weight shall be used for such test unless so examined,

and marked by the said Purdue University agricultural experiment

station. It shall be unlawful for any person, firm, company, association, corporation, or any of their agents to use any other than standard test bottles, pipettes and weights which have been examined and

marked as provided in this section, to determine the amount of fat in

milk or cream, bought and paid for on the butter fat basis.

Sec. 6866c. Unlawful tests.—It shall be unlawful for any person,

firm or corporation, by himself or as the officer, servant, agent or employe of any person, firm or corporation, buying and paying for milk

or cream on the basis of the amount of fat contained therein to underread, over-read or otherwise fraudulently manipulate the Babcock

test used for determining the per cent of fat in milk or cream, or to falsify the record thereof or to read the test at any temperature ex- cept the correct temperature which is 135 degrees to 140 degrees

Fahrenheit, or to pay on the basis of any measurement or v>'eight ex- cept the true measurement or weight which is 17.6 cubic centimeter?
INDIANA 253

for milk and nine (9) grams for cream. This section further provides that in all tests the cream shall be weighed into the test bottles.

Sec. 68661. Prosecuting attorney ; duties.—It shall be the duty oi

every prosecuting attorney to whom the Purdue University agricultural experiment station shall report any violation of the provisions

of this act to cause proceedings to be commenced against the person

or persons so violating the provisions of this act, and to prosecute the same to final termination, according to the laws of the State of Indiana.

Sec. 6866j. Penalties.—Any employe of a firm, company, association, corporation or person, buying and paying for milk or cream on

the basis of the amount of butter fat it contains, violating any of the

provisions of this act, shall be deemed guilty of a misdemeanor, and

upon conviction thereof shall be fined not less than twenty-five

($25.00) dollars, nor more than five hundred ($500.00) dollars, or be

imprisoned in the county jail for not less than sixty (60) days nor more than twelve (12) months, or both. Any firm, company, association, corporation or person, buying or paying for milk or cream

on the basis of the amount of butter fat contained therein, violating

any of the provisions of this act, shall be guilty of misdemeanor, and

upon conviction thereof shall be fined in the sum of one hundred

($100.00) dollars for the first otfense and in the sum of not less than

one hundred ($100.00) dollars, nor more than one thousand ($1,000)

dollars for each subsequent offense.

Sec. 68661. Standard Babcock testing glassware defined; standard Babcock pipette; standard weights—The term " standard Babcock testing

glassware " shall apply to glassware and weights complying with the

following specifications

(a) Standard Milk Test Bottles.—Graduation: The total per

cent graduation shall be 8. The graduated portion of the neck shall have a length of not less than 63.5 mm (2^/^ inches). The graduation shall represent whole per cent, five-tenths per cent, and tenths

per cent. The tenths per cent graduations shall not be less than

3 mm in length; the five-tenths per cent graduations shall be 1 mm

longer than the tenths per cent graduations, projecting 1 mm to the left; the whole per cent graduation shall extend one-half way

around the neck to the right and projecting 2 mm to the left of the

tenths per cent graduations. Each per cent graduation shall be

numbered, the number being placed on the left of the scale. The

error at any point of the scale shall not exceed one-tenth per cent. Neck: The neck shall be cylindrical and the cylindrical shape

shall extend for at least nine millimeters below the lowest and above

the highest graduation mark. The top of the neck shall be flared

to a diameter of not less than ten (10) millimeters.

Bulb: The capacity of the bulb up to the junction of the neck

shall not be less than 45 cubic centimeters. The shape of the bulb

may be either cylindrical or conical with the smallest diameter at the

bottom. If cylindrical, the outside diameter shall be between 34

and 36 mm; if conical, the outside diameter of the base shall be

between 31 and 33 mm, and the maximum diameter between 35 and

37 mm.

The charge of the bottle shall be 18 grams.

The total height of the bottle shall be between 150 and 165 mm.

(5% and 6i/^ inches).
254 LAWS CONCEBNIKG WEIGHTS AND MEASTJEES

(&) Standard Cream Test Bottles.—Two types of bottles shall be accepted as standard cream test bottles, a 50% 9-gram, shortnecked bottle and a 50% 9-gram long-neck bottle. Fifty Per Cent 9-Gram Short-jSTeck Bottles.—Graduation : The

total per cent graduation shall be 50. The graduated portion of the

neck shall have a length of not less than 63 mm (2i/2 inches). The

graduation shall represent five per cent, one per cent, and five-tenths

per cent. The five per cent graduations shall extend at least halfway around the neck (to the right). The five-tenths per cent graduations shall be at least 3 mm in length, and the one per cent graduations shall have a length intermediate betAveen the five per

cent and the five-tenths per cent graduations. Each per cent graduation shall be numbered, the number being placed on the left of the

scale. The error at any point of tlie scale shall not exceed five- tenths per cent. Neck: The neck shall be cylindrical and the cylindrical shape

shall extend at least 9 mm below the lowest and 9 mm above the

highest graduation mark. The top of the neck shall be flared to a diameter of not less than 10 mm.

Bulb : The capacity of the bulb up to the junction of tlie neck

shall be not less than 45 cubic centimeter. The shape of the bulb

mav be either cylindrical or conical with the smallest diameter at the bottom. If cylindrical, the outside diameter shall be between

34 and 3G mm; if conical, the outside diameter of the base shall be between 31 and 33 mm and the maximum diameter between 35

and 37 mm.

The charge of the bottle shall be 9 gram. All bottles shall bear on

top of the neck above tlie graduations, in plainly legible characters, a mark defining the weight of the charge to be used (9 grams).

The total height of the bottle shall be between 150 and 165 mm

(5% and 6i/^ inches), same "as standard test bottles. FiFTT Per Cent 9-Gram Long-Neck Bottles.—The same specifications in every detail as specified for the 50 per cent 9-gram short-neck

bottle shall apply for the long-neck bottle, with the exception, however, that the total height of this bottle shall be between 210 and

235 mm (8^4 and 8% inches).

Total length of pipette not more than 33 mm (I314 inches). Outside diameter of suction tube 6 to 8 mm. Length of suction tube 130

mm. Outside diameter of delivery tube 4.5 to 5.5 mm. Length of

delivery tube 100 to 120 mm. Distance of graduation mark above

bulb 30 to 60 mm. Nozzle straight. Delivery 17.6 cc of water at 20

degrees C. in 5 to 8 seconds.

The standard weight shall be nine (9) grams.

Burns' Ann. Stats., 1914, Vol. 3, ch. 88, p. 941.

Sec. 7940 (al909). Commercial feeding stuffs, net weight to be

marked.—Any person, company, corporation or agent that shall sell or offer, or expose for sale, any concentrated commercial feeding

stuff, in this State, shall affix, or cause to be affixed, to every package

or sample of such concentrated commercial feeding stuff in a con- spicuous place on the outside thereof, a tag or label which shall be

accepted as a guarantee of the manufacturer, importer, dealer or

agent, and which shall have plainly printed thereon in the Enghsh
INDIANA 255

language the number of net pounds of concentrated commercial

feeding stuff in the package, the name, brand or trade-mark under

which the concentrated commercial feeding stuff is sold, the name

of the manufacturer, the location of the principal office of the manufacturer, * * * When concentrated commercial feeding stuff

is sold in bulk a tag, as hereinbefore described, and a State chemist

stamp shall be dehyered to the consmner with each one hundred

pounds, or fraction thereof: Provided^ That State chemist's stamps

shall be issued to cover twenty-five (25), fifty (50) and one hundred (100) pounds.

Laws, 1923, ch. 177, p. 487.

Sec. 8, as amended by laws, 1925, ch. 171, p. 412. Weighmen; scales; inspection.—(A) The operator of every mine at which the miners are paid by weight, shall provide suitable and accurate scales of standard manufacture for the weighing of coal which may be procui-ed

from such mines; such operator shall be required to keep United

States standard weights to test said scales. (B) At every mine where the coal mined is paid for by weight

in shall be the duty of the weighman and the check-weighman to examine and balance the scales each morning, and in no case shall

any coal be weighed until such scales are tested by the United States standard weights and found to be correct. Said weighman shall ac- curately weigh, and he shall, together with the check-weighman,

record the weight of each miner's car of coal delivered, which record

shall be kept open at all reasonable hours for inspection of all miners

or other persons pecuniarly interested in the product of such mine

Provided, That if the weighman and the check-weighman shall dis- agree, work may continue until the State commissioner of weights

and measures or his deputy can be present, and any erroneous weights

made during such time shall be rectified. When difference shall arise

between the weighman and check-weighman, or operator, of any

mine as to the correctness of the scales, the same shall be referred to the State commissioner of weights and measures or his deputy, whose

duty it shall be to see and regulate the same at once. (C) The State commissioner of weights and measures or his

deputy and miners employed in the mine, the owner of the land and

others personally interested in the royalty or rental of such mine,

shall at all proper times have full right of access to make examination of scales or apparatus used for weighing coal in or about said

mine, including the records in which the weights of coal are kept, to determine the amount of coal mined, for the purpose of attesting

the accuracy thereof.

Sec. 9. Check-weigliman.—(A) Whenever the mining of coal is paid

for by weight, the miners employed in mining the same shall have

the right of selecting and keeping in the weigh office, or at the place

of weighing the coal, a check-weighman, who shall be vested with

the same rights as described in section " 8 " of this act, said checkweighman to be paid by said miners.

Sec. 19, as amended by Acts, 1925, ch. 171, p. 412.— (E) It shall be

the duty of the State commissioner of weights and measures, or his

deputy, in addition to his other duties, to examine all scales used at any mine for the purpose of weighing coal taken out of said mine.

517—26 17
256 lAWS C02STCEKNING WEIGHTS AND MEASUBES

The scales shall be tested by sealed weights; the same shall be furnished to said State commissioner of weights and measures, or his

deputy, by the auditor of State on requisition, the cost of which shall

be audited by the auditor of the State, and paid out of any money in

the State treasury not otherwise appropriated. And on inspection,

if the scales are found incorrect, and after written notice by the

State conmiissioner of weights and measures, or his deputy, it shall

be unlawful for any operator to use or suffer the same to be used,

imtil the scales are adjusted to weigh correctly.
IOWA

Code, 1924, eh. 161, p. 436.

See. 3227 (al924) . Standard established.—The weights and measures which have been presented by the department to the Federal Bureau

of Standards and approved, standardized, and certified by said

bureau in accordance with the laws of the Congress of the United

States shall be the standard weights and measures throughout the

State.

Sec. 3228. Length and surface measure.—The unit or standard measure of length and surface from which all other measures of

extension shall be derived and ascertained, whether they be lineal,

superficial, or solid, shall be the standard yard secured in accord- ance with the provisions of the preceding section. It shall be divided

mto three equal parts called feet, and each foot into twelve equal

parts called inches, and for the measure of cloth and other commodities commonly sold by the yard it may be divided into halves,

quarters, eighths, and sixteenths. The rod, pole, or perch shall

contain five and one-half such yards, and the mile, one thousand

seven hundred sixty such yards.

Sec. 3229. Land measure.—The acre for land measure shall be

measured horizontally and contain ten square chains and be equivalent in area to a rectangle sixteen rods in length and ten rods in

breadth, six hundred and forty such acres being contained in a square mile. The chain for measuring land shall be twenty-two

yards long, and be divided into one hundred equal parts, called links.

Sec. 3230. "Weight.—The units or standards of weight from which

all other weights shall be derived and ascertained shall be the

standard avoirdupois and troy weights secured in accordance with

the provisions of section 3227. The avoirdupois pound, which bears

to the troy pound the ratio of seven thousand to five thousand

seven hundred sixty, shaU be divided into sixteen equal parts called ounces ; the hundredweight shall consist of one hundred avoirdupois

pounds, and twenty hundredweight shall constitute a ton. The troy ounce shall be equal to the twelfth part of a troy pound.

Sec. 3231. Liquids.—The unit or standard measure of capacity for

liquids from which all other measures of liquid shall be derived

and ascertained shall be the standard gallon secured in accordance

with the provisions of section 3227. The gallon shall be divided

by continual division by the number two so as to make half-gal Ions,

quarts, pints, half-pints, and gills. The barrel shall consist of

thirty-one and one-half gallons, and two barrels shall constitute a hogshead.

Sec. 3232. Dry measure.—The unit or standard measure of capacity

for substances not liquids from which all other measures of such

substances shall be derived and ascertained shall be the standard

half-bushel secured in accordance with the provisions of section

257
258 LAWS CONCEENING WEIGHTS AND MEASUEES

3227. The peck, half-peck, quarter-peck, quart, pint, and halfpint measures for measuring commodities which are not liquids,

shall be derived from the half-bushel by successively dividing the

cubic inch capacity of that measure by two.

Sec. 3233. Bottomless measures.—Bottomless dry measures shall not

be used unless they conform in shape to the United States standard

dry measures.

Sec. 3234. Sales of dry commodities to be by weight.—All dry commodities unless bought or sold in package or wrapped form shall

be bought or sold only by the standard weight or measure herein

established, or by numerical count, unless the parties otherwise

agree in writing, except as provided in the four following sections.

Sec. 3235. Drugs and section comb honey.—The requirements of the

preceding section shall not apply to drugs or section comb honey.

Sec. 3236. Bushel by weight.—When any of the commodities enu- merated in this section shall be sold by the bushel or fractional part

thereof, except when sold as provided in the two following sections,

the measure shall be determined by avoirdupois weight and shall be

computed as follows:

Pounds Apples 48

Apples, dried 24

Alfalfa seed 60 Barley 48 Beans, green, unshelled 56

Beans, dried 60

Beans, Lima 56 Beets 56 Blue grass seed 14 Bran 20 Bromus inermis 14 Broomcorn seed 50 Buckwheat 48 Carrots 50

Castor beans, shelled 50 CHarcoal 20

Cherries 40

Clover seed 60 Coal 80 Coke 40

Corn on the cob (field) 70 Corn in the ear, unhusked (field)- 75

Corn, shelled (field) 56 Corn meal 48 Cucumbers 48

Emmer 40

Flaxseed 56

Grapes, with stems 40 Hempseed 44 Hickory nuts, hulled 50 Hungarian grass seed 50

KaflBr corn 56 Lime 80

Millet seed 50 Oats 32

Pounds Onions 52

Onion top sets 28 Onion bottom sets 32

Orchard grass seed 14 Osage orange seed 32

Parsnips 45 Peaches 48

Peaches, dried 33 Peanuts 22 Pears 45

Peas, green, unshelled 50

Peas, dried 60

Plums 48 Popcorn on the cob 70

Popcorn, shelled 56

Potatoes 60

Quinces 48

Rape seed 50

Red top seed 14 Rutabagas 60

Rye 56

Salt 80 Sand 130

Shorts 20 Sorghum saccharatum seed 50

Spelt 40 Sweet corn 50 Sweet potatoes 50

Timothy seed 45 Tomatoes 50

Turnips 55 Walnuts, hulled 50 Wheat 60

All root crops not specified above- 50

Sec. 3237. Sale of certain fruits and vegetables by dry measure.

Blackberries, blueberries, cranberries, currants, gooseberries, raspberries, cherries, strawberries, and similar berries, also onion sets in quantities of one peck or less, may be sold by the quart, pint, or half-pint, dry measure.
IOWA 259

Sec. 3238. Sale of fruits and vegetables in Climax baskets.—Grapes,

other fruits, and vegetables may be sold in climax baskets; but

when said commodities are sold in such manner and the containers

are labeled with the net weight of the contents in accordance with

the provisions of section 3037, all the provisions of the chapter rela- tive to labeling foods shall be deemecl to have been complied with.

Sec. 3239. Berry boxes and Climax baskets.—Berry boxes sold, used, or offered or exposed for sale shall have an interior capacity of one

quart, pint, or half-pint dry measure. Climax baskets sold, used, or offered or exposed for sale shall be of the standard size fixed

below

1. Two-quart basket: Length of bottom piece, nine and one-half

inches; width of bottom piece, three and one-half inches; thick- ness of bottom piece, three-eighths of an inch; height of basket,

three and seven-eighths inches, outside measurement; top of basket,

length eleven inches, and width five inches, outside measurement;

basket to have a cover five by eleven inches, when a cover is used.

2. Four-quart basket: Length of bottom piece, twelve inches;

width of bottom piece, four and one-half inches; thickness of

bottom piece, three-eighths of an inch; height of basket, four and

eleven-sixteenths inches, outside measurement ; top of basket, length

fourteen inches, width six and one-fourth inches, outside measure- ment; basket to have cover six and one-fourth inches by fourteen

inches, when cover is used.

3. Twelve quart basket: Length of bottom piece, sixteen inches;

width of bottom piece, six and one-half inches ; thickness of bottom

piece, seven-sixteenths of an inch, outside measurements; top of

basket, length nineteen inches, height of basket, seven and one-sixteenth inches, width nine inches, outside measuretoent ; basket to have

cover nine inches by nineteen inches, when cover is used.

Sec. 3240. Hop boxes.—The standard box used in packing hops shall

be thirty-six inches long, eighteen inches wide, and twenty-three

and one-fourth inches deep, inside measurement.

Sec. 3241. Milk bottles.—The standard bottle used for the sale of

milk and cream shall be of a capacity of one-half gallon, three

pints, one quart, one pint, one-half pint, one gill, filled full to the

bottom of the lip. Sec. 3242. Flour.—A barrel of flour shall consist of one hundred

ninety-six pounds avoirdupois and one-fourth barrel consisting of

forty-nine pounds shall be a sack of flour. No barrel or sack of flour shall be sold which contains less than

the amount herein specified.

Sec. 3243. Mason work, or stone.—The perch of mason work or

stone shall consist of twenty-five feet, cubic measure.

Sec. 3244. Sales to be by standard weight or measure.—All commodities bought or sold by weight or measure shall be bought or sold

only by the standards established by this chapter, unless the vendor

and vendee otherwise agree. Sales by weight shall be by avoirdupois weight unless troy weight is agreed upon by the vendor and

vendee.

Code, 1924, ch. 162, p. 438.

Sec. 3245 (al924). Sale of coal, charcoal, and coke.—No person shall

sell, offer or expose for sale any coal, charcoal, or coke in any other
260 LAWS CONCEBNING WEIGHTS AISTD MEASURES

manner than by weight, or represent any of said commodities as being the product of any county, State, or Territory, except that

in which mined or produced, or represent that said commodities

contain more British thermal units than are present therein.

Sec. 3246. Delivery tickets required.—No person shall deliver any of

said commodities without each such delivery being accompanied by

duplicate delivery tickets, on each of which shall be written in ink

or other indelible substance, distinctly expressed in pounds, the

gross weight of the load, the tare of the delivering vehicle, and

the net amoimt in weight of the commodity, with the names of the

purchaser and the dealer from whom purchased.

See. 3247. Disposition of delivery tickets.—One of said duplicate

tickets shall be delivered to the vendee and the other one shall be

returned to the vendor. Upon demand of the department the per- son in charge of the load shall surrender one of said duplicate tickets to the person making such demand. If said ticket is retained an

official weight slip shall be delivered by said department to the

vendee or his agent.

Sec. 3248. Sales without delivery.—When the vendee carries aAvay

the commodity purchased, a delivery ticket, showing the actual

number of pounds received by him, shall be issued to him by the

vendor.

Sec. 3249. Sales of hay or straw by bale.—No person shall sell, offer or expose for sale any bales of hay or straw without first attaching

thereto a plain and conspicuous statement of the minimum net weight

contained in such bales; but nothing in this section shall be construed

to require a statement of weight on each bale where hay or straw is sold by the ton and a ticket showing the gross, tare, and net weight

accompanies the delivery.

Sec. 3250. Inspection of loaded vehicles.—The department may stop

any wagon, auto truck, or other vehicle loaded with any commodity

being bought, offered or exposed for sale, or sold, and compel the

person having charge of the same to bring the load to a scale designated by said department and weighed for the purpose of determining the true net weight of the commodity.

Code, 1924, ch. 163, p. 439.

Sec. 3251 (al924). State sealer.—The department shall designate one

of its assistants to act as State sealer of weights and measures. All

weights and measures sealed by him shall be impressed with the word

" Iowa."

Sec. 3252. Preservation of standards.—The department shall maintain the State standards in good order, shall take all necessary pre- cautions for their safe-keeping, and shall submit them once in ten years to the National Bureau of Standards for certification.

Sec. 3253. Testing weights and measures.—^Upon written request

of any citizen, firm, or corporation, city, town, or country, or educational institution of the State made to the department, a test or

calibration of any weights, measures, weighing or measuring devices,

and instruments or apparatus to be used as standards shall be made.

Sec. 3254. Sealing milk bottles not required.—The State sealer shall

not be required to seal bottles for milk or cream, but they shall be

inspected from time to time in order to ascertain whether they are standard.
IOWA 261

Sec. 3255. Sealer for cities and towns.—A sealer of weights and

measures may be appointed in any city or town by the council, who

shaU hold his office during its pleasure, and may obtain from the department such standard weights and measures as the council may

deem necessary.

Sec. 3256, Duties of city sealer.—Each sealer in cities and towns

shall take charge of and provide for the safekeeping of the town or

city standards, and see that the weights, measures, and all apparatus

used for determining the quantity of commodities used throughout

the town or city, agree with the standards in his possession.

Sec. 3257. Expenses.—All expenses directly incurred in furnishing

the several cities and towns with standards, or in comparing those

that may be in their possession, shall be borne by said cities and

towns.

Code, 1924, ch. 164, p. 439.

Sec. 3258 (al924). Definitions.—For the purpose of this chapter:

1, " Public scale " shall mean any scale or weighing device for

the use of which a charge is made or compensation is derived.

2, " Gasoline pump " shall mean any pump, meter, or similar

measuring device used for measuring gasoline.

Sec. 3259. License required.—Every person who shall use or display

for use any public scale or gasoline pump shall secure a license for

said scale or pump from the department.

Sec. 3260, as amended by Acts, 1925, ch. 62, p. 53. Fee; expiration of

license.—The license fee shall be three dollars per annum and each

license for a public scale shall expire on December thirty-first and

for a gasoline pump on June thirtieth of each year.

Sec. 3261. Form of license.—The license shall be in the form of a metal plate bearing the words " Licensed by the State of Iowa,

No. " Each plate shall be numbered consecutively and bear the

year for which the license is granted.

Sec. 3262. license to be displayed ; removal.—The license plate shall be displayed prominently on the front of the scale or pump, and the

defacing or wrongful removal of such plate shall be punished as provided in chapter 147. Absence of license plate shall be prima

facie evidence that the weighing or measuring device is being

operated contrary to law.

Sec, 3263. Oath of weighmasters.—All persons keeping public scales,

before entering upon their duties as weighmasters, shall be sworn

before some person having authority to administer oaths, to keep

their scales correctly balanced, to make true weights, and to render

a correct account to the person having weighing done.

Sec. 3264. Weighmasters to keep registers.—Weighmasters are re- quired to make true weights and keep a correct register of all weighing done by them, giving the amount of each weight, date

thereof, and the name of the person or persons for whom done,

and give, upon demand, to any person having weighing done, a certificate showing the weight, date, and for whom weighed.

Sec. 3265. Penalty.—Any weighmaster violating any of the provisions of the two preceding sections, shall be guilty of a misdemeanor,

and punished as provided in chapter 147 and be liable to the person

injured for all damages sustained.
262 LAWS CONCBBNING WEIGHTS AND MEASURES

Code, 1924, ch. 165, p. 440.

Sec. 3266 (al924). Duty to inspect.—The department shall make an

inspection of all weights and measures wherever the same are kept

for use in connection with the sale of any commodity sold by

weight or measurement, of where the price to be paid for producing

any commodity is based upon the weight or measurement thereof;

and when complaint is made to the department that any false or in- correct weights or measures are being made under said conditions,

said department shall have the same inspected.

Sec. 3267. Inspection fees.—An inspection fee shall be charged the

person owning or operating the scale so inspected in accordance

with the following schedule : Scales with a five hundred pounds ca- pacity up to and including four thousand pounds capacity, one

dollar each; scales over four thousand pounds capacity up to and

including twenty-one thousand pounds capacity, three dollars each;

scales over twenty-one thousand pounds capacity not including rail- road track scales, five dollars each; railroad track scales, ten dollars

each ; all hopper or automatic scales, two dollars each.

Sec. 3268. Payment by party complaining.—When such inspection

shall be made upon the complaint of any person other than the owner

of the scale, and upon examination the scale is found by the department to be accurate for weighing, the inspection fee for such inspection shall be paid by the person making complaint.

Sec. 3269. Limitation on the number of inspections.—No person shall be required to pay more than two inspection fees for any one scale in any one year unless additional inspections are made at the request

of the owner of said scales.

Sec. 3270. Confiscation and condemnation of scales.—The department

may seize without warrant and confiscate any incorrect scales,

weights, or measures, or any weighing apparatus or part thereof

which do not conform to the State standards or upon which the

license fee has not been paid. If any weighing or measuring apparatus or part thereof be found out of order the same may be tagged

by the department " Condemned until repaired," which tag shall not

be altered or removed until said apparatus is properly repaired.

Sec. 3271. Possession of false weights or measures.—If any person

engaged in the purchase or sale of any commodity by weight or measurement, or in the employment of labor where the price thereof

is to be determined by weight or measurement of the articles upon

which labor is bestowed, has in possession any inaccurate scales,

weights, or measures, or other apparatus for determining the quantity

of any commodity, which do not conform to the standard weights and

measures, he shall be punished as provided in chapter 147.

Sec. 3272. Transactions by false weights or measures.—Any person

shall be deemed to have violated the provisions of this chapter and

shall be punished as provided in chapter 147

:

1. If such person sell, trade, deliver, charge for or claim to have

delivered to a purchaser an amount of any commodity which is less in weight or measure than that which is asked for, agreed upon,

claimed to have been delivered, or noted on the delivery ticket.

2. If such person make settlement for or enter credit, based upon

any false weight or measurement, for any commodity purchased.
IOWA 263

3. If such person make settlement for or enter credit, based upon

any false weight or measurement, for any labor where the price of

producing or mining is determined by weight or measure.

4. If such person record a false weight or measurement upon the

weight ticket or book.

Sec, 3273. Reasonable variations; small packages.—In enforcing the

provisions of the preceding section reasonable variations shall be

permitted and exemptions as to small packages shall be established

by rules of the department.

Sec. 3274. Powers of cities and towns limited.—Commodities weighed

upon any scale bearing the inspection card, issued by the department,

shall not be required to be reweighed by any ordinance of any city or town or city under special charter or under the commission form of

government, nor shall their sale, at the weights so ascertained, and

because thereof, be, by such ordinance, prohibited or restricted.

Code, 1924, ch. 147, p. 412.

Sec. 3029 (al924). Definitions and roles of construction.—For the purpose of this title

1. "Article " shall include food, commercial feed, agricultural seed,

commercial fertilizer, drug, insecticide, fungicide, paint, linseed oil, turpentine, and illuminating oil, in the sense in which they are defined in the various provisions of this title.

2. Department shall mean the department of agriculture, and,

wherever said department is required or authorized to do an act, it shall be construed as authorizing performance by a regular assistant or a duly authorized agent of said department.

3. " Secretary " shall mean the secretary of agriculture.

4. " Package " or " container," unless otherwise defined, shall include wrapper, box, carton, case, basket, hamper, can, bottle, jar,

tube, cask, vessel, tub, firkin, keg, jug, barrel, tank, tank car, and

other receptacles of a like nature; and wherever the expression

'"offered or exposed for sale or sold in package or wrapped form"

is used it shall mean the offering or exposing for sale, or selling

of an article which is contained in a package or container as herein

defined. * * *

Sec. 3037. Labeling.—All articles in package or wrapped form

which are required by this title to be labeled, unless otherwise provided, shall be conspicuously marked in the English language in

legible letters of not less than eight-point heavy Gothic caps on

the principal label with the foUowing items

2. The quantity of the contents in terms of weight, measure, or numerical count. Under this requirement reasonable variations

shall be permitted, and small packages shall be excepted in accord- ance with the rules of the department.

3. The name and place of business of the manufacturer, packer,

importer, dispenser, distributor, or dealer. * *

*

Code, 1924, ch. 150, p. 419.

Sec. 3079 (al924) . Testing milk or cream.—Every person testing cream or milk to determine the per cent of milk-fat as a basis for

fixing the purchase price shall secure a milk tester's license from the
264 LAWS CONCBENING WEIGHTS AND MEASURES

department and shall make tests only by such process as has been

approved by said department.

Sec. 3080. Examination required.—Each applicant for such a license

shall be required to submit to examination and by actual demonstration show that he is competent to test cream and milk according

to an approved process.

Sec. 3081. Supplying standard measures for testing.—The department

shall furnish each licensee one standard test bottle and one standard

pipette adapted to the use of the testing machine approved for the

licensee. Said bottle and pipette shall be certified to by the department as standard and shall bear the official stamp of the department. Any person not a licensee may secure test bottles and

pipettes from the department at the legal price.

Sec. 3083. Bottles and pipettes.—The standard bottle and pipette

received from the department shall be used by the licensee in verifying test tubes and pipettes used by him in making tests; and the same shall be subject to inspection by the owner or vendor of the cream or milk which is the subject of the test. Sec. 3085. False tests; evidence.—No person shall falsely manipulate

or misread the Babcock test or any other milk or cream testing

apparatus. The writing of a check or payment of money for cream

or milk at any given test shall constitute prima facie evidence that

such test was made.

Sec. 3095. Milk bottles to be marked.—Bottles or jars used for the

sale of milk shall have clearly blown or permanently marked in

the side of the bottle, the capacity of the bottle, and on the bottom

of the bottle the name, initials, or trade-mark of the manufacturer.

The designating number shall be furnished by the department on

request.

Code, 1924, ch. 292, p. 731.

Sec. 5768°. Markets; powers of certain cities to establish and reg^ilate.

They [special charter cities] shall have power to establish and

regulate markets and scales, to build market houses and establish

and regulate the same ; to provide for the measuring or weighing of

merchandise offered for sale, * * *

Code, 1924, ch. 581, p. 1547.

Sec. 13061°. Penalty for altering brands, etc.—^If any person falsely

alter any stamp, brand, or mark on any cask, package, box, or bale

containing merchandise or produce, made by a public officer, appointed for that purpose, in order to denote the quality, weight, or quantity of the contents thereof, with intent to defraud, he shall be

fined not more than five hundred dollars and imprisoned in the

county jail not exceeding one year.

Sec. 13062. Penalty for counterfeiting mark of another.—If any

person counterfeit any mark, stamp, or brand of another, or falsely

mark any cask, package, box, or bale as to quality or quantity, with

intent to defraud, he shall be fined not exceeding two hundred

dollars, or be imprisoned in the county jail not more than six

months, or both.

Sec. 13066. Fraudulently using stamped cask, etc.—If any person,

with intent to defraud, use any cask, package, box, or bale, marked.
IOWA 265

branded, or stamped by another, for the sale of merchandise or produce of an inferior quality or less in quantity or weight than is denoted by such mark, stamp, or brand, he shall be imprisoned in

the county jail not more than one year, or fined not exceeding two

hundred dollars, or both.

Sec. 13067 (1907). Binder twine; label.—No binder twine shall be

sold, exposed, or offered for sale within this State, except the same

bears upon each ball a stamp or label truly stating the name of

the manufacturer or importer and the number of feet to the pound

in such ball: Provided^ That a deficiency not exceeding five per

cent in length stated on the stamp or label shall not be a violation

hereof.

Code, 1924, ch. 426, p. 1217.

Sec. 9719, as amended by Acts, 1925, ch. 184, p. 170.—The term

" agricultural product " as used in this chapter shall mean cotton,

wool, grain, tobacco, flaxseed, sugar and all canned goods made from

agricultural products.

Sec. 9734 (1921). License to classify, grade, or weigh.—The commissioners may, upon presentation of satisfactory proof of competency,

issue to any person a license to classify any agricultural product or

products, stored or to be stored in a warehouse licensed under this

chapter, according to grade or otherwise and to certificate the grade

or other class thereof, or to weigh the same and certificate the weight

thereof, or both to classify and weigh the same and to certificate the

grade or other class and the weight thereof, upon condition that such

person agree to comply with and abide by the terms of this chapter

and of the rules and regulations prescribed hereunder so far as the same relate to him.

Code, 1924, ch. 373, p. 1012.

Sec. 8137 (1907). Track scales, where located; weight certificates.

Every person, firm or corporation engaged in operating any railroad

within the State shall equip the line of its track and thereafter maintain thereon in good order, track scales of sufficient capacity to weigh all carloads of coal that may be transported over the said

railroad, and shall weigh the same at the request of any owner, con- signor or consignee of such commodities, and furnish written certifi- cates of such weights to such owner, consignor or consignee as hereinafter provided. Such track scales shall be so installed and maintained at all division stations along the line of such railroads within

the State, and at such other stations as the board of railroad commissioners shall from time to time direct.

Sec. 8138. Weighing of coal at point where shipment originates.

Every person, firm or corporation engaged in operating any rail- road within the State, over which coal, in carload lots shall be trans- ported for hire, shall weigh such coal at point where such shipment

originates unless covered by weight agreement between consignor and

railway company, provided such point is equipped with track scales. If not so equipped, it shall be weighed at first practicable point en

route where track scales are provided. Said person, firm or cor- poration shall furnish to said shipper a bill of lading showing date

and place weighted, also the gross, tare and net weights for each car-
266 LAWS CONCEENTNG WEIGHTS AND MEASUBES

load of coal so weighed. The tare weight shall be determined by

using actual weight of empty car at loaSng station, provided track

scales are maintained at such point.

Sec. 8139. Weighed at destination upon request; fee.—Such coal shall be weighed at destination upon request of consignee when there are track scales at such point. If not equipped with track scales at such

point, then at nearest practicable point en route where such scales are maintained and certificate of weight showing actual gross, tare and net weights, shall be furnished to consignee and settlement of

freight charges based on these weights. A reasonable charge of not more than one dollar per car, may be made for such weighing on

request.

Sec. 8140. How weighed.—Cars when weighed on track scales shall

be uncoupled, clear and unhampered at both ends, carefully weighed

by competent weighmen and certificates issued upon request of consignees, showing gross, tare and net weights.

Sec. 8141. Prima facie e\ddence.—Certificates mentioned in this act shall be prima facie evidence of the facts therein recited in any action

arising between consignors and consignees and common carriers.

Sec. 8142. Penalty.—Any common carrier operating in this State

violating any of the provisions of five preceding sections by neglecting or refusing to weigh cars or to furnish certificates of weights as therein provided shall be guilty of a misdemeanor and shall be, upon

conviction thereof, fined in the sum of not more than one hundred

and twenty-five dollars for each and every violation.

Code, 1924, ch. 68, p. 200.

Sec. 1319 (al900). Scales and weighers; duties; records.—The operator

shall, if the miners are paid by weight, provide the mine with suit- able scales of standard make, and require the person selected to weigh

the coal delivered from the mine to take and subscribe an oath before some person authorized to administer oaths, to the effect that he will

keep the scales correctly and truly balanced, and accurately weigh and

a true record keep of each car delivered, which oath, with that of the

check weighman hereinafter provided for, shall he conspicuously

displayed with record of weights at the place of weighing, which

record shall carry the account of each miner by itself, be open to the

inspection at all proper times of miners and all others having a pecuniary interest in the mine. All damages sustained on account of a failure to weigh and credit to the proper person any coal mined shall be recoverable in an action brought within two years from the time

the right thereto accrued, and a knowledge of a violation of this provision by the miner shall not be a defense thereto.

Sec. 1320. Check weighman ; duties.—The miners employed and

working in any mine may furnish a competent checkweighman, who,

before entering upon his duties, shall take and subscribe an oath to the effect that he is duly qualified and will faithfully discharge his

duties as a checkweighman, and he shall at all proper times have access to and the right to examine the scales, machinery, or apparatus

used in weighing, and to see all measures and weights of coal mined

and the accoimts kept thereof ; but not more than one person on the

part of the miners collectively shall have this right, and such examination and inspection shall be so made as to create no unnecessary

interference with the use of such scales, machinery, or apparatus.
IOWA 267

Sec. 1321. When weighed; bushel; ton.—The operator shall, where

the miner is to be paid by the ton or other quantity, unless otherwise

agreed upon in writing, weigh the coal before screening, and the

miner shall be credited at the rate of eighty pounds to the bushel and

two thousand pounds to the ton, but no payment shall be required

for sulphur, rock, slate, blackjack, dirt, or other impurities which

may be loaded or found with the coal.

Sec. 1337. Penalty.—Any owner, lessee, or operator, or any party

in charge of any mine, or any weighman or checkweighman violating

any of the provisions of this chapter relating to the correct weighing

and recording of the weights of coal mined at any mine shall be fined

not exceeding five hundred dollars or be imprisoned in the county

jail not exceeding sixty days. * *

*
KANSAS

Rev. Stats., 1923, ch. 83, p. 1415.

Sec. 83-101 (1909). State standards.—Such standard weights and

measures as have been furnished to this State by the Govermnent

of the United States, in accordance with a joint resolution of Congress, approved June 14, 1836, and such weights, measures, balances

and measuring devices as may be received from the United States

as standard weights, measures, balances and measuring devices, in

addition thereto, or in renewal thereof, shall be the authorized standards of the State of Kansas.

Sec. 83-102. Units of length and surface measure; yard; foot; inches;

rod; pole; perch; mile; chain; link; acre.—The units of standard measures of length and surface from which all other measures of

extension, whether lineal, superficial or solid, shall be derived and

ascertained, are the standard of lengths designated in this act. The

yard is divided into three equal parts called feet, and each foot into

twelve equal parts called inches. For measures of cloth and other

commodities commonly sold by the yard, the yard may be divided

into halves, quarters, eighths, and sixteenths. The rod, pole or perch

contains yards ; the mile, 1,760 yards. The chain for measuring

land is 22 yards long, and is divided into 100 equal parts called

links. The acre for land measure shall be measured horizontally and

contain 10 square chains, equivalent in area to a rectangle 16 rods in

length and 10 in breadth ; 640 acres being contained in a square mile.

Sec. 83-103. Units of standards of weight.—^The units of standards

of weight, from which all other weights shall be derived and ascer- tained, shall be the standard weights designated in this act. The

hundredweight consists of 100 avoirdupois pounds, and a ton contains 20 hundredweights. Wherever hereafter in this act the word

pound is used it shall mean the avoirdupois pound unless otherwise

distinctly specified.

Sec. 83-104. Units of dry measure.—^The units of standards of measure of capacity for commodities not liquids, from which all other measures shall be derived and ascertained, shall be the standards

for such commodities designated in this act. The peck, half peck,

quarter peck, quart, pint and half pint measures for measuring

commodities which are not liquids shall be derived from the half

bushel by successively dividing that measure by two.

Sec. 83-105. Units of liquid measure.—The units of standards of measure of capacity for liquids, from which all other measures shall be derived and ascertained, shall be the standard liquid measure

designated in this act. The liquid gallon shall be divided by continual division by the number two so as to make half gallons, quarts,

pints, half pints and gills. Sec. 83-106. Electrical measures.—The standards of electrical measures recognized by the National Bureau of Standards when procured

268
KANSAS '269

by the State shall be the standard of electrical measures in the State

of Kansas.

Sec. 83-107. Metric weights and measures.—^The weights and measures of the metric system shall be legal weights and measures in

the State of Kansas.

Sec. 83-108 (al911). Enforcement.—That the State board of health

shall be charged with the duties of enforcing the provisions of this

act.

Sec. 83-109 (al921). Standard weights for mill products and commodities, how sold; weights to be marked, when; weights per barrel and

bushel.—^That mill products and vegetable products hereinafter mentioned shall have only the following standard weights, and whenever

any of the following articles shall be contracted for or sold or delivered and no special contract or agreement shall be made to the

contrary, such sale and all computations for payment or settlement

therefor shall be by net weight, the net weight to be plainly marked

on the outside of the barrel, sack, package or bale as the case may be,

and the net weight, whether stated in words or otherwise, shall be as follows

Barrels of wheat and rye flour and corn meal, one hundred and ninety-six

pounds net. One-half barrels, ninety-eight pounds net. One-fourth barrels, forty-eight pounds net. One-eighth barrels, twenty-four pounds net. One-sixteenth barrels, twelve pounds net. Provided, however, That corn meal may be packed and sold in

sacks of thirty-five pounds net, seventeen and one-half pounds net,

and eight and three-fourths pounds net. When hay and straw are sold in bales, the correct weight which

said bale contains, when sold at retail by the bale. Cottonseed meal in sacks, one hundred pounds net. Bran in sacks, one hundred pounds net. Shorts in sacks, one hundred pounds net. Tankage in sacks, one hundred pounds net. Oil meal in sacks, one hundred pounds net. Meat meal in sacks, one hundred pounds net. And all other feeds made from cereals of any kind, whether pure,

mixed, or adulterated, one hundred pounds per sack net. The net weight per bushel of the following articles shall be as

follows, and any fractional part of a bushel shall be the like fractional part of the said weight per bushel, net. Pounds Pounds

Alfalfa seed Apples

Apples, dried Barley Beans

Beans, unshelled greenBeans, castor Beets

Bluegrass seed, native—

Bluegrass seed, English.

Broomcom seed Buckwheat

Cane seed Carrots

Cherries, without stems.

60

48

24

48

603846

56

142230

48

50

5064

Cherries, with stems *_ 56

Clover seed 60

Coru, shelled 56

Corn in the ear, husked 70 Cucumbers 48 Flaxseed (linseed) 56

Feterita 56

Grapes, with stems 48

Grapes, vsdthout stems 60 Hemp seed 44

Kafir com 56 Lime, unslacked 80

Malt 38

Millet seed, Hungarian 50 Milo maize 56
270 LAWS CONCEENING WEIGHTS AND MEASURES

Poimdg

Nuts, black walnut 50

Nuts, hickory 50

Oats 32

Onions 55

Parsnips 48 Peaches 48

Peaches, dried 33 Pears 50 Peas 60

Peas, green, in pods 30

Plastering hair, washed 4

Plastering hair, unwashed 8 Plums 52

Popcorn, on cob 70

Popcorn, shelled 56

Potatoes 60

J txj i. Pounds Quinces 48 Rutabagas 50 Rye 56

Salt 80

Sorghum seed , .__ 50

Spelts or emmer 40

Spinach 14 Sudan grass seed 40

Sweet potatoes 50 Sweet potatoes, seed (sorted 1%

inches in diameter and under)- 45 Timothy seed 45 Tomatoes 56 Turnips 55 Wheat 60

And the standard barrel for all fruits and vegetables and other dry

commodities shall contain 7,056 cubic inches, and for sweet potatoes

and apples the 2-bushel box shall contain 4,704 cubic inches and

1-bushel box shaU contain 2,352 cubic inches.

Sec. 83-110 (1923). Climax baskets.—The standards for Climax

baskets for grapes and other fruits and vegetables shall be the twoquart basket, four-quart basket, and twelve-quart basket, respectively: (a) The standard two-quart Climax basket shall be of the

following dimensions: Length of bottom piece, nine and one-half

inches; width of bottom piece, three and one-half inches; thickness

of bottom piece, three-eighths of an inch; height of basket, three

and seven-eighths inches, outside measurements. Top of basket,

length eleven inches and width five inches, outside measurement.

Basket to have a cover five by eleven inches, when a cover is used.

(&) The standard four-quart Climax basket shall be of the following dimensions: Length of bottom piece, twelve inches; width of

bottom piece, four and one-half inches; thickness of bottom piece,

three-eighths of an inch; height of basket, four and eleven-sixteenths

inches, outside measurement; top of basket, length fourteen inches,

width six and one-fourth inches, outside measurement. Basket to have cover six and one-fourth inches by fourteen inches, when cover

is used, (c) The standard twelve-quart Climax basket shall be of

the following dimensions: Length of bottom piece, sixteen inches,

width of bottom piece, six and one-half inches; thickness of bottom

piece, seven-sixteenths of an inch; height of basket, seven and onesixteenth inches, outside measurements; top of basket, length nine- teen inches, width nine inches, outside measurement. Basket to have

cover nine inches by nineteen inches, when cover is used.

Sec. 83-111. Containers for small fruits or vegetables.—That the

standard basket or other container for small fruits, berries and

vegetables shall be of the following capacities, namely, dry one- half pint, dry pint, dry quart or multiples of the dry quart, (a)

The dry half-pint shall contain sixteen and eight-tenths cubic inches.

(&)The dry pint shall contain thirty-three and six-tenths cubic

inches, (c) The dry quart shall contain sixty-seven and two-tenths

cubic inches.

Sec. 83-112. Apple boxes.—^That the standard apple box shall have

inside dimensions of ten and one-half inches by eleven and one-half

inches by eighteen inches and shall contain twenty-one himdred and

seventy-three and five-tenths cubic inches.
KA.NSAS 271

Sec. 83-113. Baskets or boxes not complying with act.—That it shall be unlawful to manufacture for sale or shipment, sell, offer for sale, or ship within the State, Climax and. other baskets and apple boxes,

either filled or unfilled, which do not comply with this act. Any individual, partnership, association or corporation that wiUfully violates

this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $100.

Sec. 83-114. Inspection of containers; variation from standards.

That the examination and test of Climax baskets, baskets or other

containers for small fruits, berries and vegetables for the purpose of

determining whether such baskets or other containers comply with

the provisions of this act, shall be made by the secretary of the State

horticultural society, and. its secretary shall establish and promulgate rules and. regulations allowing such reasonable tolerances and

variations as may be found necessary.

Sec. 83-115 (1909). Contracts, how construed.—^All contracts, sales or purchases hereafter made for work to be done, or for anything

to be sold or delivered or done, by weight or measure, within tlais State, shall be taken and construed in terms of and according to the

standards of weights and measures adopted by this act, except where

parties have agreed upon any other calculations or measurements;

and all statements and representations of any kind referring to the

weights or measures of commodities sold or purchased, or exposed

for sale, shall be understood in terms of the standards of weights

or measures aforesaid.

Sec. 83-116. Dry commodities, how sold.—All dry commodities not

otherwise specified in this act shall be sold only by standard dry

measure, standard weight, or numerical count, except where parties

otherwise agree.

Sec. 83-117 ^ (al911). Berry boxes, capacity; to be labeled, when.—Berries and small fruits whenever sold in boxes shall be sold in boxes

containing standard liquid quart or liquid pint, and if said boxes contain less than this amount, the information must be given to the purchaser by such package being labeled with a statement of the net

contents.

Sec. 83-118 (1909). Milk and other liquid commodities, how sold.

All milk or cream that shall be sold in bottles shall be sold only in

bottles containing half-pints, pints, quarts, half-gallon or gallons.

All other liquid commodities shall be sold only by standard liquid measure or standard weight, except where parties otherwise agree.

Sec. 83-119. Bread, weight of; how sold; to be labeled, when.—^A loaf

of bread for sale shall be two pounds in weight. Bread, imless

composed in chief part of rye or maize, shall be sold only in whole,

half and quarter loaves, and not otherwise. Bread, when sold, shall,

upon the request of the buyer, be weighed in his presence, and if foimd deficient in weight, additional bread shall be delivered to make up the legal weight, except that this section shall not apply to

rolls or to fancy bread weighing less than one-quarter of a pound.

Every loaf, half-loaf or quarter-loaf of bread which does not weigh

the full weight required by this section shall be plainly labeled with

the exact weight.

iThis section Is in conflict with section 83-111, wliich requires the sale of berries hv

dry measure. ' 517—26 18
272 LAWS CONCEENING WEIGHTS AND MEASURES

Sec. 83-120. Butter, weight of; to be labeled, when.—A print or package of butter shall contain sixteen ounces avoirdupois, and when

a print or package of butter containing less than sixteen ounces

avoirdupois shall be sold its net weight shall be disclosed by the

seller to the buyer, or a statement of the net weight be made upon a

label attached thereto.

Sec. 83-121. Use of false weight or measure; penalty for; prima facie evidence; leakage, evaporation; variation; tolerances.—A person who,

by himself or by his servant or agent, or as the servant or the agent

of another, uses a weight, measure, balance or measuring device that

is false and does not conform to the authorized standard for determining the quantity of any commodity or article of merchandise,

or sells or exposes for sale less than the quantity which he represents, or sells or offers for sale commodities in a manner contrary to law,

shall be deemed guilty of a misdemeanor, and shall upon conviction

thereof be fined in a sum of not less than five dollars nor more than

one hundred dollars, or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment. He

shall also be liable to the injured party in double the amount of the

property wrongfully taken or not given, and ten dollars in addition

thereto, to be recovered in any court of competent jurisdiction. The

selling and delivery of any commodity or article of merchandise

shall be prima facie evidence of representations on the part of the

vendor that the quantity sold and delivered was the quantity bought

by the vendee. There shall be taken into consideration the usual

and ordinary leakage, evaporation or waste that there may be from

the time the package is filled hj the vendor until the selling of the same ; a slight variation from the stated weight, measure or quantity

for individual packages is permissible, pi^ON^ded this variation is as often abo"^"e as below the weight, measure or quantity stated.

Sec. 83-122. State sealer, who is; duties of.—^The chancellor of the

University of Kansas, at Lawrence, shall be ex officio State sealer

of weights and measures (hereafter referred to in this act as the

State sealer) , and shall have the care and custody of the authorized

public standards of weights and measures and of balances and

other apparatus of all kinds owned by the State under section 1 [sections 83-101] of this act. He shall maintain the State standards

in good order and submit them at least once in every ten years to the National Bureau of Standards for verification. He shall compare and adjust by the State standards all county, municipal and

other official standard weights, measures, balances and measuring

devices which may be sent or brought to him for that purpose, and

shall seal the same when found or made to conform to the State

standards, by stamping upon each the letter "K" and the last two

figures of the year in which the said comparison and adjustment

has been made, with seals which he shall have and keep for that

purpose: Provided, That he may refuse to compare and seal any

weights, measures, balances or measuring devices as standards for

any county, municipality or public offices which do not conform

to the type approved by the National Bureau of Standards for

such use.

Sec. 83-123. State sealer may try and approve apparatus on request.

The State sealer may try and prove weights, measures, balances and
KANSAS 273

other measuring devices on request for any person, corporation or

institution, and when the same are found or made to conform to the State standards, and otherwise fulfill such reasonable requirements as he shall make, he may seal the same with a seal which he

shall have and keep for that purpose.

Sec. 83-124. Record; report, to whom made.—^The State sealer shall keep a record of all of the weights, measures, balances, or other

measuring devices sealed or condemned by him, and shall make an

annual report to the governor, on or before January 1, of each year,

a copy of which shall be filed with the National Bureau of Standards. He shall issue from time to time regulations for the guidance

of county, municipal, and all other inspectors or sealers of weights

and measures, and the said regulations shall govern the procedure

to be followed by the aforesaid officers in the discharge of their

duties.

Sec. 83-125. Deputy, appointment of.—^The State sealer may appoint

a deputy State sealer, who shall perform such duties as may be

prescribed by the State sealer, and he shall be a member of the

faculty of the State University and receive no other compensation

than his salary as a member of the faculty.

Sec. 83-126. County clerk is county sealer; duties of.—The county

clerk of each county shall be the sealer of weights and measures

for the county, and shall have the care and custody of the county

standards. He shall procure, when ordered by the board of county

commissioners, at the expense of the county, when not already provided, a full set of weights, measures, balances and measuring devices, which he shall cause to be tried, proved and sealed by the

State standards under the direction of the State sealer. He shall maintain the standards and other apparatus under his charge in

good order and repair and submit the same to the State sealer for

verification when in the judgment of the commissioners it seems

necessary.

Sec. 83-127. Standards for county and local sealers.—Sets of standards for county and local sealers, if procured, shall include the fol- lowing weights, measures and balances, and they shall be of a type

approved for such use by the State sealer : One yard measure divided

into feet and inches, and at least one of the inches divided into

thirty-seconds of an inch. Dry capacity measures : One half-bushel, one peck, one quart, and one pint. Liquid capacity measures: One

gallon, one quart, and one pint. Avoirdupois pound weights in the

following number and denominations : One fifty-pound, one twentypound, two ten-pound, one five-pound, two two-pound, and one one- pound. Avoirdupois ounce and fractional ounce weights in the fol- lowing number and denomination : One eight-ounce, one four-ounce, one two-ounce, two one-ounce, one one-half-ounce, one one-quarterounce, one one-eighth-ounce, and two one-sixteenth-ounce. Twenty

test weights each of fifty pounds for testing platform scales and other

large scales, if the same are to be tested. One equal-arm balance of

capacity of fifty pounds to one-sixteenth of an ounce.

Sec. 83-128. County and local sealers, duties of.—The several county

and local sealers shall try and prove all weights, measures, bal- ances and measuring devices when requested so to do, and when

the same are found or made to conform to the authorized standards
274 LAWS CONCEBNING WEIGHTS AND MEASURES

they shall seal and mark such weights, measures, balances and measuring devices with a seal to be kept by them for that purpose. When

any weight, measure, balance or measuring device is found by any

authorized inspector or sealer to be false or untrue or not of an approved type, or which does not conform to the standards, or which

cannot be made to conform to the standards by such means as the

said inspector or sealer may have at his disposal, he shall condemn

the same and mark it condemned in a conspicuous manner, and such

condemnation mark shall not be removed or defaced except by authorization of the said inspector or sealer.

Sec. 83-129. County clerk neglecting standards; penalty for.—Any

county clerk who neglects to keep the standards under his charge in

good order or repair, or who suffers any of them through his neglect

to be lost, damaged or destroyed, or who fails to perform any of

the duties imposed upon him by this act, shall be deemed guilty of

a misdemeanor, and upon conviction thereof in a court of competent

jurisdiction shall be subject to a fine of not less than ten dollars nor more than two hundred dollars.

Sec. 83-130 (al917). Fees of sealers; State sealer not to require fees from county or city.—Each sealer of weights and measures, including

the county clerk or any deputy sealer of weights and measures, shall receive fees as follows: One dollar for inspecting or sealing each

platform scale, if weighing five thousand pounds or more, and fifty cents if weighing less than that amount ; for sealing or marking every

beam, ten cents. For sealing or marldng measures of extensions; ten cents per yard or fraction thereof, not exceeding fifty cents for

any one measure. For sealing or marking every weight, five cents. For sealing or marking liquid or dry measures, ten cents for each

measure. The county clerk or his deputy shall be entitled to collect from the owner or custodian of such scales, dry measures, liquid measures or measures of extension, all necessary expenses incurred

by such county clerk or his deputy in performing his duties as county

sealer of weights and measures. The State sealer shall not require

any fee from any county or city, and all fees collected by the State,

county or city sealer shall be paid into the State, county or city treas- ury, as the case may be.

Sec. 83-131 (1909). Sealers, powers of; hindering, etc.; misdemeanor;

penalty for.—All State, county and local sealers, or their deputies

and other authorized inspectors of weights and measures, shall have

full power to enter any premises in or on Avhich any weights, measures, balances or measuring devices may be located or used for the

purposes of trade, for the purpose of inspecting, adjusting and seal- ing or condemning the same. Whoever hinders, obstructs, or in any

way interferes with any sealer or other person authorized to inspect

weights and measures, wliile in the performance of said inspection, or whoever fails to produce, upon demand by such authorized sealer or

inspector, all weights, measures, balances or measuring devices in or upon his place of business or in his possession for use in manufacture

or trade, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than five dollars nor more than one hundred dollars.

Sec. 83-132. Sealing and condemning, when misdemeanor; penalty.

Any State or local sealer or deputy who shall seal any weight, meas-
KANSAS 275

ure, balance or measuring device before first testing and making the same conform to the authorized standard, or who shall condemn any

weight, measure, balance or measuring device without first testing

the same, sliall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than five dollars nof more than one hundred dollars.

See. 83-133. Record; report.—^The several county and municipal

sealers and other persons authorized to inspect weights and measures

shall keep records of all weights and measures, balances and measuring devices inspected, sealed or condemned by them, giving the name of the owner or agent, the place of business, the date of inspection, and kind of apparatus so inspected, sealed or condemned, and

shall make an annual report of the same to the State sealer on or before the first day of September of each year, giving, in addition to the above, an inventory of the standards and apparatus in his possession, and such other information as he may deem important or that the State sealer may require.

Sec. 83-134. Cities and municipalities may appoint sealer and deputy,

etc. ; city standards to be tried.—Any city or municipality in the State

may establish a department of public inspection of weights and measures, and shall have power to appoint a sealer and deputies and fix their compensation, and to j)ass such ordinances not in conflict with

the State laws as may be deemed necessary ; and if a city or municipality shall establish such a department it shall provide the sealer

with suitable quarters, a set of standards as hereinbefore specified in

this act, and all other equipment for the proper performance of his

duties. All city and municipal standards shall be tried, proved and

sealed under the direction of the State sealer, and shall be returned

to him for verification at least once in every five years.

See. 83-135. Sealers may try weights, etc., when.—The county or

local sealer who may have reason to believe that any weight, measure,

balance or measuring device used in trade is inaccurate, or not ac- cording to the standard, shall have authority to make an immediate

examination of the same and require that the same be tried and tested

and conform to the standards herein required.

Sec. 83-136. State board of health to cooperate with sealers, and

procure sets of standards; evidence in court.—It is hereby made the

duty of the State board of health, and its several food and drug inspectors, to cooperate with the State and local sealers in carrying out

the provisions of this act and all other acts relating to weights and

measures, and the said food and drug inspectors are hereby authorized

and empowered to act as inspectors of weights and measures used in

trade. The State board of health shall procure, at the expense of

the State, a full set of standard weights, measures and balances,

including sets of standard apothecary's weights and measures, and

cause the same to be proved and sealed by the State standards under

the direction of the State sealer, together with the necessary working sets of weights, measures, balances and measuring devices for

the use of the said inspectors, which must be officially sealed, and

such weights and measures, balances and measuring devices provided

for such inspectors shall be competent evidence in all courts in this

State in criminal or civil actions.

Sec. 83-137 (1885). Weight of gallon of various oils.—Whenever any

of the following named articles shall be contracted for or sold or
276 LAWS CONCEKNING WEIGHTS AND MEASURES

delivered by wholesale or in the original packages within the State

of Kansas, and no siDecial contract or agieement shall be made to the contrary, such sale and all computations for payment and settle- ment therefor shall be by weight. The weight per gallon shall be

as follows : ^ Pounds Naphtha 5%

Kerosene oil 6%

Paraffine oil 71/2 Castor oil 8 Olive oil 7%

Linseed oil, raw 7%

Linseed oil, boiled 7%

Menhaden oil 7%

Pounds

Cod-liver oU 7%

"Whale oil IVz Lard oil 7%

Neat's-foot oil 7%

Sperm oil 7%

Turpentine 7 Miners' oil 7%

Gasoline 7%

Sec. 83-138. Penalty.—^Whoever in buying any of the articles mentioned in the preceding section shall take any greater number of

pounds thereof to the gallon, or in selling any of the said articles shall give any less number of pounds thereof to the gallon, than is allowed by said section, with intent to gain advantage thereby, ex- cept when expressly authorized so to do by special contract or agreement to that effect, shall be liable to the party injured in double the

amount or value of the proj)erty so wrongfully taken or not given,

and ten dollars in addition thereto, to be recovered in any court of

competent jurisdiction.

Sec. 83-139 (1905). No deduction from weight of grain, etc.; penalty.—Every sale of gi'ain, seed, hay or coal shall be deemed to be

made on the basis of the actual weight thereof, unless a different

basis is established by the express agreement of the parties to the

transaction. Any purchaser of grain, seed, hay or coal who, without express agreement with the seller thereof, shall knowingly

deduct any quantity or amount frota the actual weight or measure

of the article purchased, and withhold payment therefor under

claim of right so to do by reason of any custom, rule of a board

of trade or any other pretense whatsoever, shall be deemed guilty

of a misdemeanor, and subject to a fine of not less than twenty-five

dollars nor more than one hundred dollars for each and every offense. No agent or broker selling grain, seed, hay or coal for the owner

thereof shall be presumed to have authority to sell any grain, seed,

hay or coal on a basis other than that of the actual weight or quantity thereof, but express authority to allow any deduction must be

proved.

Sec. 83-140. Penalty.—In case any purchaser of grain, seed, hay or

coal shall deduct any amount from the actual weight or measure

thereof, and shall knowingly withhold from the seller the purchaseprice of the quantity so deducted without the express agreement

of the seller thereof, such seller may recover from such purchaser

three times the amount so withheld, together with reasonable at- tornej^'s fees, to be taxed in each court in which the action may be

brought or to which an appeal may be taken. Rev. Stats., 1923, ch. 13, Art. 4, p. 105.

Sec. 13-401 (1903). Powers of cities of the first class.—The governing body shall have the care, management and control of the city

» For convenience in printing a slight change has been made in arrangement of these

articles.
KANSAS 277

and its property and finances; and shall have power to enact ordi- nances for all the purposes named and provided for in this article

not repugnant to the constitution and laws of this State, and to

alter, amend, modifj'^ and repeal such ordinances.

Sec. 13-437. Weights and measures.—To prescribe rules for weighing and measuring every kind of commodity sold in the city, in all cases not otherwise provided for by law, and may provide for the

inspection of grain and weighing of hay, grain, coal, and measuring

of wood and other fuel, and determine the place or places of weighing or measuring the same, and regulate and prescribe the place or

places of exposing for sale hay, coal, and wood, and fix the fees and duties of the persons authorized to perform the duties named

in this section: * * *

Sec. 13-527 (al915). Appointment of weighers.—The mayor, by and

Avith the consent of the council, or the city commission, as the case may be, may appoint a city engineer, * * * weighmaster, in- spector and weigher of produce, * * *. But no officer shall be

appointed imtil his term of office and salary' shall have been fixed by

ordinance; * *

*

Rev. Stats., 1923, ch. 14, Art. 1, p. 174.

Sec. 14-101 (al889). Cities of second class.—All cities now organized

and acting as cities of the second class, by virtue of the authority of

former acts, and all cities hereafter attaining a population of over two thousand and not exceeding fifteen thousand inhabitants, shall be governed by the provisions of this act; and whenever any city

shall have hereafter attained a population exceeding two thousand

inhabitants, and such facts shall have been duly ascertained and certified by the proper authorities of such city to the governor, he shall declare, by public proclamation, such city subject to the provisions

of this act.

Sec. 14-426 (1872). Powers of council; enforce weighing of all commodities sold ; cities of the second class.—The council may prescribe rules

for the weighing and measuring of every commodity sold in the city

in all cases not otherwise provided for by law, and may provide for

the inspection and weighing of hay, grain and coal, the measuring of

wood and fuel, and determine the place or places of the same, and

regulate and prescribe the place or places of exposing for sale hay,

coal and wood, and fix the fees and duties of the persons authorized

to perform the duties named in this section. Rev. Stats., 1923, ch. 15, Art. 1, p. 204.

Sec. 15-441 (1883). Additional powers, cities of third class.—In addition to the other powers provided by law, the governing body of

cities of the third class may provide by ordinance for the inspection

and weighing of hay, grain, coal, cattle and hogs, and for the measuring of wood for fuel, and determine the place or places of the same,

and regulate and prescribe the place or places of exposing for sale hay, coal, and wood ; may purchase and locate scales for such weighing, appoint a weighmaster, and prescribe his duties and fees. The

council shall require such weighmaster to give a proper bond to the

city, for the faithful performance of his duties: Provided^ That in no case shall there be any greater charge made for weighing than

five cents for a single draft.
278 LAWS CONCERNING WEIGHTS AND MEASURES

Rev. Stats., 1923, ch. 50, p. 756.

Sec. 50-131 (1899). Fraud in weight of shipment; penalty.—^If any

person, company or corporation doing business in Kansas shall make

any agreement, expressed or implied, or by any understanding or combination with any person, company or corporation within or without

the State, by which any shipper of seeds, grains, hay or livestock is defrauded out of any portion of the net weight of any consignment

of grain, seeds, hay, or livestock, all such agreements or combinations are hereby declared to be in restraint of trade, and any such

person, company or corporation shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in the sum of not less than one hundred dollars and not exceeding one thousand dollars for

each offense. Kev. Stats., 1933, ch. 65, Art. 7, p. 1018.

Sec. 65-707 (1921). Ice cream, weight of.— * * * (E) (2) Ice cream offered for sale or sold shall weigh not less than four and

three-quarters pounds per gallon. Violation of this provision shall

subject the offender to the penalties of this act. Rev. Stats., 1923, ch. 65, Art. 6, p. 1014.

Sec. 65-602 (al907). Misbranding of weight on packages of food.

* * * That any person who shall sell, keep for sale or offer for

sale, * * * j^jjy article of food * * * which is adulterated or niisbranded, within the meaning of this act shall be guilty

of a iToisdemeanor. and for each offense shall upon conviction thereof

be fined in a sum not to exceed fifty dollars or be imprisoned in the

county jail not exceeding one year, or be both fined and imprisoned,

in the discretion of the court.

Sec. 65-608 (al909). Misbranding of weight on packages of food.

* * * That for the purpose of this act an article shall also be

deemed to be misbranded— * * * in the case of foods ; * * * third, if in package form, and the contents are stated in terras of

weight, measure or quantity, the net weight, measure or quantity is not plainly and correctly stated on the outside of the package; * * *

Rev. Stats., 1923, ch. 2, Art. 10, p. 9.

Sec. 2-1002 (al923). Commercial feeding stuff, net weight to be

marked.—Every lot or parcel of commercial feeding stuff sold, offered or exposed for sale or distributed within this State shall have affixed

thereto a tag or label, in a conspicuous place on the outside thereof,

containing a legible and plainly piinted statement in the English

language clearly and truly certifying: (a) The net weight of the

contents of the package, lot, or parcel ; (b) the name, brand, or trademark; (c) the name and principal address of the manufacturer, or person responsible for placing the commodity on the market; * *

*

Rev. Stats., 1923, ch. 47, Art. 5, p. 721.

Sec. 47-503 (1913). Live stock remedy to be marked with net contents.—Every sack, box, carton, or other package of live stock

remedy sold, offered or exposed for sale, or distributed within this

State shall have a tag or label affixed thereto in a conspicuous place
KANSAS 279

on the outside thereof bearing a legible and plainly printed state- ment in the English language clearly and truly certifying : First, the

name and principal address of the manufacturer or person responsible

for placing such live stock remedy on the market ; second, the name,

brand, or trade-mark under which the live stock remedy is sold ; third

the minimum net contents of the sack, box, carton, or other package.

Rev. Stats., 1923, ch. 34, p. 568.

Sec. 34-101 (al919). State grain inspection department established.

That a department of record for the inspection, sampling, sampling

for inspection and weighing of grain is hereby established, to be

called the State grain inspection department. Said department shall have full charge of the inspection, sampling, sampling for inspection and weighing of grain at all railroad terminals, public warehouses and mills, or other points within the State wherever the

business transacted will, by the fees provided by law, ipdj the

salary of an assistant inspector and weighmaster, or wherever, upon

request by parties interested, to the chief inspector, he may establish

inspection and arrange that the officer in charge accept as full compensation for his services an amount equal to the net revenue obtained at such a place, or a guaranteed salary by the industries at such station: Provided, That the owner may direct that his grain

may not be inspected hj writing or stamping upon the bill of lading

thereof " No inspection desired," or words to that effect. Eev. Stats., 1923, ch. 75, p. 1253.

Sec. 75-1701 (1907). Appointment of chief inspector.—It shall be the

duty of the governor to appoint a suitable person, to be confirmed

by the senate, who shall be known ag the chief inspector of grain

for the State of Kansas, whose term of service as such shall con- tinue for two years from date of his appointment, unless removed

for cause. Said inspector shall not, directly or indirectly, be

interested in buying or selling grain, either on his own account or

for others, nor shall he be directly or indirectly interested in handling or storing grain as a public warehouseman or on private ac- count during his term of office. Sec. 75-1703 (al921). Chief inspector and assistants; duties.—^The

chief inspector shall be authorized to recommend to the governor

suitable inspector and supervising inspector, who shall be qualified to superintend the work of the inspectors and other employees and

assist the chief inspector in the executive duties of the department.

The chief inspector shall be authorized to recommend to the governor a suitable person as a supervising weighmaster who shall be

qualified to superintend the work of the weighmasters at the various

inspection points within the State. The chief inspector shall be au- thorized to recommend to the governor suitable and qualified persons

as assistant inspectors or assistant weighmasters to be acting inspectors or weighmasters, in the absence of the chief inspector, who shall not be interested in any public or private grain warehouse, or in

buying or selling of grain, either directly or indirectly, and also such

other employees as may be necessary to properly conduct the business

of his office; and the governor shall be authorized to make such appointments, if found by him to be necessary.
280 I>AWS CONCERNING WEIGHTS AND MEASTJBBS

Rev. Stats., 1923, ch. 34, p. 568.

Sec. 34-102 (al921). Powers and duties of chief inspector.—It shall be the duty of the chief inspector to have a general siipervision of

the inspection, sampling, sampling for inspection and weighing of

grain, as required hj this act or the laws of the State; to supervise

the handling, inspection, sampling, sampling for inspection and

weighing and storage of grain ; to establish necessarj' rules and regulations therefor, and for the management of the public warehouses of

the State, as such rules and regulations may be necessary to enforce

the provisions of this act or any law of this State in regard to the same; to keep proper records of all the inspection, sampling, sampling for inspection and weighing done into and out of warehouses

licensed by law to do business in this State, for which purpose

he shall have provided books, blanks and other material needed in

order to keep perfect and proper records. He shall investigate all complaints of fraud or oppression in the grain trade, and correct the same so far as may be in his power. It is hereby declared \mlawful for boards of trade, chambers of commerce, or any civic or commercial organizations of similar character, to have charge of

weighing or issue certificates of weight on grain at any point within

the State. All certificates of weight, except those issued by private

industries for the purpose of making settlement with their own cus- tomers, shall be issued by officials or employees of the Kansas State

grain inspection and weighing department, on the regular form of

weight certificate adopted and approved by the chief inspector. All

scales over which official State weights of carlots of grain are taken

shall be equipped with type-registering beams, in order that an

original punched scale ticket may be taken of each draft weighed.

The original punched scale tickets shall become the property of the

Kansas State grain inspection and weighing department, and shall be filed as a record of the weight. It is hereby declared unlawful

for any person, company or corporation to install or continue to maintain at any elevator, mill or warehouse where official State

weights are given, any blower, suction fan, cleaner or other device

for the purpose of removing dirt, seeds, sticks, chaff or any like sub- stance from grain unloaded into said elevator, mill or warehouse

before the grain has been officially weighed. It is hereby declared to be unlawful for any person, persons, firm or corporation to in any manner change or alter an official State inspection or weight certificate after it has been issued. Where an official State weight certificate has

been issued on any lot of grain the purchaser must make settlement on

the basis of the amount of grain shown on the said weight certifi- cate. Any person, persons, firm or corporation, who shall violate

the provisions of this act shall be deemed guilty of a misdemeanor

and upon conviction shall be fined a sum not less than one hundred

dollars or more than five hundred dollars or imprisoned in the county

jail for a period of not less than thirty days or more than one year

or both fine and imprisonment.

Sec. 34-103 (al920). Fees; collection of fees; penalty for refusing

officers access to scales, elevators, etc.—That the fees for services of the

officers of the department shall not exceed the following, but may be

reduced by the chief inspector when in his judgment such reduced

fees will pay the running expenses of this department : For inspect-
KANSAS 281

ing or sampling each carload, and moisture tests, one dollar; for

inspecting each wagon or cart load, ten cents ; for weighing in or out

of elevators or warehouses, one dollar per car; duplicate certificates ordered after service is performed, ten cents; extra moisture tests, twenty-five cents; extra samples, twenty-five cents. The chief in- spector shall have the power to fix the manner in which the fees shall be collected. In case any persons, warehouse or railroad corporation

or any of their agents or employees shall refuse or prevent the

officers of the department from having access to their scales, ele- vators, warehouses and other places in the regular performance of

their duties in inspecting, sampling, sampling for inspection and

weighing grain or other property in accordance with the tenor and

meaning of this act or any other law now in force or that may be

enacted in relation to the same, such persons or corporations shall be

guilty of a misdemeanor.

Sec. 34^104 (1915). Charges for inspection, sampling and weighing

of g^ain in transit treated as advanced charges and paid by carrier.—That

the charges for inspection, sampling and weighing of grain so in- spected, sampled or weighed, and whenever such grain is in transit

the said charges shall be treated as advanced charges, shall be col- lected and paid by the common carrier in whose possession the same

is at the time of such inspection, sampling or weighing.

Sec. 34-105. Neglect of duty; inspecting, grading or weighing grain

improperly; accepting money for such neglect of duty, etc.; punish- ment.—That any duly authorized chief inspector, assistant inspector or weighmaster of grain under this act who shall be guilty of

neglect of duty, or w^ho shall knowingly or carelessly inspect, grade

or weigh any grain improperly, or who shall accept any money

or other valuable consideration, directly or indirectly, for any

neglect of duty as such grain inspector, assistant inspector or weiglimaster, shall be deemed guilty of a misdemeanor, and on conviction shall be fined in the sum of not less than five hundred dollars nor more than one thousand dollars, or shall be imprisoned in the

county jail not less than six months nor more than twelve months,

or both such fine and imprisonment, in the discretion of the court,

and upon conviction of any such offense, such chief inspector, assist- ant inspector or weighmaster shall forfeit his office. Sec. 34-107. Chief inspector, assistants, etc., to have exclusive control

of inspection, etc., where inspection established; certificate of officer conclusive unless appealed from.—That the chief inspector and assist- ants and officers of the grain inspection department shall have exclusive control of the inspection, sampling, sampling for inspection

and weighing of grain in all places where inspection, sampling,

sampling for inspection or weighing is or shall be established under

this act; the action and certificate of such officer shall be conclusive

to all parties interested, unless appealed from as jprovided by law.

Sec. 34r-113 (1905). Weight to be furnished shipper,—That any

shipper of grain, which grain has been weighed by the grain inspection department of this State, may, on request in writing to the

chief inspector and enclosing a stamp for reply, receive, and it shall be the duty of the chief inspector to furnish such shipper, free of

charge, the weight of any such grain, by forv»arding to him

promptly a statement showing such weights: Provided^ That such
282 LAWS CONCEENING WEIGHTS AND MEASTJEES

written request shall set forth the number and initials of the cars, the weights of which are so desired.

Sec. 34-114 (1921). Track and hopper scales, testing of; fees.—^All track and hopjoer scales in the State over which grains are officially

weighed shall be tested by a qualified scale expert in the employ of

the Kansas grain inspection and weighing department. The fee for

such test shall be fifteen dollars, which fee shall be paid by the in- dustry for which the test is made, but in no case shall the fees ex- ceed thirty dollars for any scale during one year: Provided^ Jiowever, That any party interested in the weighing of grain over any

scale may request a test at any time and upon such request the chief

inspector shall cause such test to be made. If the scale is found

incorrect the fee for the test shall be paid by the owner otherwise

by the party requesting the test. The fees for the above shall be

paid to the chief inspector and h\ him remitted to the State treas- urer and credited to the Kansas State grain inspection revolving

fund in the same manner as other fees collected : Provided^ No fee

shall be collected from any railroad company owning and maintaining its own scales.

Sec. 34-115. Track scale, purchase of authorized.—The chief grain

inspector is hereby authorized to purchase under the direction and

with the approval of the executive council of the State a railroad

scale test car, for testing track and hopper scales. The cost of said

scale test car shall be paid for out of the grain revolving fund in

the same manner as the other expenses of the grain inspection and

weighing department.

Sec. 3^116 (1923). Transportation of scale test-weight car and scale inspector.—Whereas, it is necessary to convey by railway the scale

test- weight car of the Kansas State grain inspection and weighing

department from place to place, to correct scales of the grain industry of the State, so as to obtain correct weights for weighing grain

and other commodities ; and the railroads of the State receive a good

and valuable consideration because of the correction of the weights

of the grain and commodities weighed and transferred over their

lines; and that no charge therefor should be made by the railroads

for hauling and transferring said car and that the railroads shall furnish free transportation for the scale inspector or his assistant.

Sec. 34-117. Duty to make such transportation.—That all railroads

in the State shall be and are hereby required to haul and transfer on their lines or railroads the scale test-weight car of the Kansas

State grain inspection and weighing department free of charge therefor, and furnish free transportation to the State scale inspector of

scales or his assistant or deputy, from place to place, as directed by

the chief grain inspector of the State.

Sec. 34-118 (1921). Scale test car, free movement of.—Every rail- road or common carrier shall transport, move and switch to any

track or hopper 'scale in the State over which the Kansas State

grain inspection and weighing department issues official weights,

free of charge, on application of the chief grain inspector or his

authorized agent, a.nj scale test car used by the State for testing

track or hopper scales.

Sec. 34-213 (al921). Inspection of warehouse scales; penalty for use

of incorrect scales.—* * * and all scales used for weighing of prop-
KANSAS 283

erty in terminal or local public warehouses shall be subject to examination and test by any dvily authorized inspector, weighmaster or

sealer of weights and measures, at any time when required by any

person or persons, agent or agents, whose property has been or is to be weighed on said scales. Any terminal public warehouseman or

local public warehouseman who may be guilty of continuing to use

scales found to be in an imperfect and incorrect condition by said

examination and test, until the same have been pronounced correct and properly sealed, shall be liable to be proceeded against as hereinafter provided.

See. 34-220 (1921). Grain standard bushel.—^No person purchasing,

selling, or storing grain in any terminal public warehouse or local public warehouse in this State, as the same is now or may be hereafter

defined by law, shall use any other measure for such grain than the

standard bushel, and no other number of pounds shall be used or

called a bushel than the number of pounds provided by law as the

standard weight of the kind of grain in question.

Sec. 34r-315 (1917). Weighing.—That the State grain inspector shall cause all hay and straw inspected under the provisions of this act to be weighed by his department at such places as may be pre- scribed by the rules and regulations established by the State grain

inspector : Provided^ That the fee for such weighing shall not exceed

fifty cents per car. Rev. Stats., 1923, ch. 66, p. 1037.

Sec. 66-250 (1893). Track scales.—That each and every railway

company operating a railway wholly or partly within this State

shall, on or before the first day of July, A. D. 1893, construct and

provide, and thereafter keep and maintain in good order, a track or

car scale of sufficient capacity and suitable for weighing grain in

carload lots and in the car, at each and every town or station upon

its line of railway or the line of railway operated by it, from which

the aggregate of grain shipments on all railways shall be one hundred cars or more of grain and seeds during the year 1892.

Sec. 66-251. Points entitled to scales; proviso; railway may accept

shipper's weights.—Any town or station not now entitled to track

scales under this act, but from which there shall hereafter be

shipped in any calendar year one hundred cars or more of grain,

seeds or hay, shall be entitled to the benefits of this act; and any

railway company operating a railway upon which such town or

station is located shall construct, provide, keep and maintain a track

or car scale at such town or station, as provided by section one, within six months after the expiration of such calendar year : Provided, however, That any railway company may elect to accept the

weights of any public weigher, or the weights of the shipper, and

shall have the right to demand that the weights of such shipper

shall be verified by affidavit; and in case they so elect, shall not be

required to put in scales, and shall not be liable to the penalties prescribed in this act for failure to put in scales.

Sec. 66-252. Other stations.—At stations not entitled to car scales by the provisions of this act it shall be the duty of such railway

company to weigh at one of the stations nearest to such station

having no such scales, and such cars before and after loading, and to
284 LAWS CONCEENING WEIGHTS AND MEASUEES

give to such shipper a like receipt as provided in section 6 of this act: Provided^ That such weighing before loading may be on one

side of the point of shipment, and after loading on the other side

of the point of shipment.

Sec. 66-253. Manner of weighing.—Each railway company operating a railway at any station or town in this State entitled to track

scales under this act shall correctly weigh all cars immediately

before and immediately after being loaded with grain, seeds or hay,

said cars to be detached from engine and other cars when weighed,

and such weighing to be done in the presence of the shipper of such

grain or seeds, if so demanded by him.

Sec. 66-254. Fees.—Such railway company shall be entitled to collect and receive from the person shipping such grain, seed or hay, the sum

of twenty-five cents for each car of such grain or seed so weighed, as compensation for such weighing.

Sec. 66-258. Penalty.—Any railway company neglecting for six

months after the taking effect of this act to put in the car scales heretofore provided for shall be liable to a penalty of one hundred

dollars per day for each station at which such neglect occurs, until

the same is put in as herein provided.

See. 66-260 (1923). Card giving weight of grain in car.—That every

shipper of grain from any point in the State of Kansas shall fasten

upon the inside of each car shipped by him a card giving car number,

initial, date of shipment, and the exact weight of grain in such car

as claimed by shipper. If he fails so to do, the oflBcial weight shall be prima facie evidence of the quantity of grain shipped in the car.

Sec. 66-279 (1913). Eailroads maintain scales for weighing live stock.—It shall be the duty of every railway company or corporation

owning or operating a line or railway in this State, to construct and maintain scales for the weighing of live stock at all stations

where live stock is received for shipment: Provided^ This act shall

not apply to stations i-eceiving for shipment less than fifty cars of

live stock per annum for the two years last past.

Sec. 66-2114 (1905). Eailway to weigh cars of coal.—That each and

every railway company operating a railway wholly or partly within

this State shall weigh each and every car of coal intended for shipment over their line before and after being loaded.

Sec. 66-2115. Manner and time of weighing.—The empty car or cars

to be loaded shall be detached from the engine and other cars and

weighed within twenty-four hours before loading, and after the said car is loaded it shall be detached from the engine and other cars and weighed within forty-eight hours after being loaded.

Sec. 66-2116. Certificate of weight.—A certificate of the weights of

each car so weighed, showing the date of weighing said car empty

and the weight of same, and the date of weighing said car loaded

and the weight of same, and the net weight and number of the said

car, shall be issued by the weighmaster and attached to the way bill covering the said shipment. At the destination this certificate shall be attached to the freight expense bill and shall become a part of the same, and shall be delivered to the consignee on the payment of. all the freight charges.

Sec. 66-2117. Weighmasters ; oath, bond; penalty for violation by

weighmaster.—A competent weighmaster shall be employed by said
KANSAS 285

railway companies, and said weiglimaster shall subscribe an oath

or affirmation before an authorized officer and give good and suffi- cient bond in the sum of one thousand dollars to his employer that

he will perform his duties in accordance with this act in every particular; and any weighmaster or person so employed imder this act who shall violate any of the provisions of this act shall be deemed

guilty of a misdemeanor, and upon conviction thereof shall be

pimished by a fine of not less than one hundred nor more than five hundred dollars for each offense, or by imprisonment in the county

jail not exceeding six months, or by both said fine and imprisonment.

Sec. 66-2118. Penalty for violation by railway company.—Any rail- way company neglecting to weigh coal as provided by this act shall be liable to a fiine of one himdred dollars for each and every car not so weighed, to be recovered in an action brought in the name of

the State in any court of competent jurisdiction. Rev. Stats., 1923, ch. 49, p. 745.

Sec. 49-241 (al913). Unlawful to sell, offer for sale, etc., at any coal mine any black powder except in original twenty-five pound packages.—

It shall be unlawful for any individual, firm or corporation to sell, offer for sale or deliver for use at any coal mine or coal mines in

the State of Kansas black powder in any manner except in original

packages containing twenty-five poimds of powder, said packages

to be securely sealed : Said powder to be delivered by the company

to the miner at his switch.

Sec. 49-301 (1893). Weighing of coal at mine.—It shall be unlawful

for any mine-owner, lessee or operator of coal mines in this State,

employing miners at bushel or ton rates or other quantity, to pass

the output of coal mined by said miners over any screen or other

device which shall take any part from the value thereof before the same shall have been weighed and duly credited to the employes

and accounted for at the legal rate of weights as fixed by the laws

of Kansas.

Sec. 49-302. Weighman, oath; penalty for violation.—The weighman employed at any mine shall subscribe an oath or affirmation,

before a justice of the peace or other officer authorized to administer

oaths, to do justice between employer and employee, and to weigh the

output of coal from mines in accordance with the provisions of sec- tion one of this act. Said oath or affirmation shall be kept conspicuously posted in the weigh-office, and any weigher of coal or persons

so employed who shaU knowingly violate any of the provisions of

this act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a &ae of not less than twenty-five nor more

than one hundred dollars for each offense, or by imprisonment in the

county jail for a period not to exceed thirty days or by both such fine and imprisonment.

Sec. 49-303. Check-weighman.—The miners employed by or en- gaged in working for any mine-owner, operator or lessee in this State

shall have the privilege, if they so desire, of employing at their own

expense a_ check-weighman, who shall have like rights and privileges

in the weighing of coal as the regular weighman, and be subject'^to

the same oath and penalties as the regular weighman.

Sec. 49-304. Penalty for fraudulent use of scales.—Any person or persons having or using any scale or scales for the purpose of weigh-
LAWS CONCEBNIiS"G WEIGHTS AND MEASTJBES

ing the output of coal at mines, so arranged or constructed that

fraudulent weighing may be done thereby, or who shall knowingly

resort to or employ any means whatever by reason of which such

coal is not correctly weighed, and reported in accordance with the

provisions of this act, shall be deemed guilty of a misdemeanor, and

shall upon conviction for each offense be punished by a fine of not

less than two hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail for a period not to exceed sixty

days or by both such fine and imprisonment.

See. 49-305 (1893). Contracts, agreements, etc., waiving, modifying

or annulling provisions of sec. 49-301, ante, void and of no effect; coal sent to surface shall be accepted or rejected; weighed, etc., when

accepted.—Any provisions, contract or agreement between mine owners or operators thereof and the miners employed therein whereby

the provisions of section 1 of this act are waived, modified, or annulled, shall be void and of no effect ; and the coal sent to the surface

shall be accepted or rejected, and if accepted shall be weighed in

accordance with the provisions of this act; and right of action shall

not be invalidated by reason of any contract or agreement.

Sec. 49-306. Provisions of act apply to loaders in mines where mining

done by machinery; output to be weighed in accordance with provisions

of this act.—The provisions of this act shall also apply to the class of

workers in mines known as loaders, engaged in mines wherein

mining is done by machinery. Whenever the workmen are imder

contract to load coal by the bushel, ton, or any quantity the settle- ment of which is had by weight, the output shall be weighed in

accordance with the provisions of this act.

Sec. 49-307 (1903). Inspection of scales at mines; penalty.—That the

secretary of mine industries of the State of Kansas shall be ex officio inspector of weights, measures and scales used at coal mines, and he

or his deputies are hereby empowered, and it shall be his or their

duty, to test the scales used to weigh coal mined in the mines of this

State at least once every six months, to ascertain whether or not

such scales correctly measure the weight of such coal; and if defects or irregularities are found in such scales which prevent correct weights and measurements, the inspector shall call the attention of

the mine owner, agent or operator to said defects, and direct that

the same be at once properly adjusted and corrected. If the owner,

agent or operator of any coal mine in this State shall refuse to allow

such inspector or his deputies to properly test the scales used at such

mine or mines, or shall fail or refuse to put such scales in proper

adjustment and condition, so that the same shall correctly weigh the

coal mined, after being notified by said inspector or his deputy so to do, such owner, agent or operator shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding

five hundred dollars, or be confined in the county jail not exceeding

six months, or both, in the discretion of the court; and it shall be

the duty of the presecuting [prosecuting] attorneys in the respective

counties to prosecute any person, firm or corporation violating the

provisions of this section, the same as in other misdemeanor cases.
KENTUCKY

Carroll's Stats., 1922, ch. 134, p. 2296.

Sec. 4815°, Standard.—The weights, measures and balances received

from the Government of the United States, now in the custody of

the secretary of state, shall continue in the custody of that officer, and

shall be the standard of weights and measures in this State.

Sec. 4816. Euplicates furnished counties.—The governor shall cause

duplicates of those weights, measures and balances to be made for

such counties as may not have the same; and upon his written certificate of the cost, the auditor shall give a warrant on the treasury

therefor.

Sec. 4819a (1906). Milling; standard measure required; penalty for

failure.—It shall be unlawful for any person, commission merchant,

miller, dealer, grain inspector, corporation, company, firm or association, either by himself, itself, officer, agent or employee, when

purchasmg wheat or receiving it in barter or exchange for flour or

otherwise, from the owner, his agent or employe, to use for the purpose of testing or determining the weight, grade, milling or market

value of wheat, any measure other than the standard half-bushel measure furnished this State by the United States; and the use of

any fractional part of said standard half-bushel measure for such

purpose will be a violation of this section. It shall likewise be unlawful to use anything other than a straight stick with the edges

square for leveling the wheat in said half-bushel measure for the

purpose of testing the weight, grade, milling or market value of

wheat : Provided, That the provisions of this section shall not apply

to wheat or grain that is inspected or graded by the carload under

the regulations of any board of trade. Any person violating any of

the provisions of this section shall, on conviction, be fined not less than ten dollars ($10.00) nor more than one hundred dollars

($100.00), to which may be added imprisonment in the county jail

not exceeding six months.

Sec. 4820°. Hundredweight; ton.—The hundredweight shall consist

of one hundred pounds avoirdupois, and two thousand such pounds

shall constitute a ton; and all contracts hereafter made shall be con- strued accordingly, unless the contrary be stipulated.

Sec. 4821 (al894). Bushel; weight of different articles; legal weights

per bushel of certain produce.—The following weights shall constitute

a bushel of each article named, respectively.'^ Pounds Wheat 60

Shelled corn 56 Corn in the ear, 70 pounds from

the first of November to the first of May following, and from first of May to the first of November

following 68

Pounds

Corn," ear, in the shuck 75 Rye 56

Oats, shelled 32 Barley 47

Irish potatoes 60 Sweet potatoes 55 White beans 60

1 For convenience In printing a sUght change has heen made In arrangement of these

articles.

" See acts, 1924, ch. 5 sec. 1, Immediately following this section. 517—26 19 287
288 LAWS CONCERNING WEIGHTS AND MEASUKES

Pounds Pounds Castor beans

Clover seed Timothy seed Flaxseed

Millet seed Peas

Blue-grass seed __. Buckwheat

Dried apples

Dried peaches

Onions

Bottom onion sets. Salt

4560

45

56

5060

14

5624

39

5736

50

Stone coal ' Bran

Plastering hair Turnips

Unslaked lime

Corn meal

Fine salt Hungarian grass seed—

Ground peas Orchard grass seed English blue-grass seed. Hempseed

7620

86035

50

55

5024

14

1444

Acts, 1924, ch. 5, p. 8. Sec. 1. Bushel of corn, weight.—^The standard weight of a bushel of

ear corn in the shuck shall be seventy-five pounds avoirdupois.

Carroll's Stats., 19.22, ch. 134, p. 2296.

Sec. 4822 (1869-70). Irish potatoes, pounds to barrel.—One hundred

and sixty pounds net of Irish potatoes shall constitute a merchantable barrel.*

Sec. 4823. Coal, penalty for selling unscreened for screened.—Any per- son selling unscreened coal for screened coal shall be subject to a fine of not less than five ($5.00) nor more than twenty dollars ($20.00),

recoverable by warrant before a justice of the peace.

Sec. 4823a (1898). Hemp; hundredweight; ton.—That the hundredweight of hemp shall consist of one hundred pounds avoirdupois, and

two thousand such pounds shall constitute a ton, and all contracts hereafter made shall be so construed. Any person violating this act shall be fined in a sum of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense.

Sec. 4823b-l (1920). Standard weight of corn meal, grits, hominy and

corn flour.—That the standard weight for corn meal, grits, hominy

and corn flour shall be one hundred pounds avoirdupois, and the

standard measure for such commodities shall be packages containing net avoirdupois weight one poiind, two pounds, three pounds, four

pounds, five pounds, ten pounds, twenty-five poimds, fifty pounds,

and one hundred poimds, or multiples of one hundred poimds.

Sec. 4823b-2.—That it shall be imlawful for any persons to pack

for sale, sell or offer for sale in this State, any corn meal, grits,

hominy or corn flour, except in bags or packages containing by

standard net avoirdupois weight one pound, two pounds, three pounds,

four pounds, five pounds, ten poimds, twenty-five pounds, fifty

pounds and one hundred pounds, or multiples of one hundred

pounds, respectively. Each bag or package shall have plainly and

legibly printed or marked thereon the net weight of contents thereof,

in poimds avoirdupois, and such weights shall be a true and correct statement thereof: Provided^ however^ That the provisions of this

section shall not apply to the retailing of meal direct to consumers from bulk stock when purchased and delivered by actual weight or measure, or to exchange of corn for meal by mills grinding for toll, and that nothing herein contained shall be held to apply to any

> The term coal includes anthracite, cannel, bituminous, and other mined coai.

< See footnote, p. 20, relative to Federal standard barrel law.
KENTUCKY 289

cereal product packed and distributed as a specialty, in identified

original packages, the net contents of which weigh less than five pounds avoirdupois.

Sec. 4823b-3.—That any violation of this act shaU be a misde- meanor and, upon conviction, the offender shall be fined not less than

twenty-five ($25.00) nor more than five hundred dollars ($500.00)

for each offense.

CaiToll's Stats., 1922, ch. 89, p. 1350.

Sec. 2755 (1893). Inspector of weights and measures; salary; penalty.—The general council [of cities of the first class, Louisville]

shall, by ordinance, provide suitable penalties for the punishment of

persons who knowingly use defective or imperfect weights and measures, and may provide for an inspector or inspectors of weights and

measures. He shall have exclusive power to inspect weights and

measures in the city, and he shall be paid a salary by the city. No

fees shall be charged or received for such services. Nothing in this

section shall be construed so as to interfere with the term of office or

fees of the present sealer of weights and measures for Jefferson

County.

Sec. 3058 (1906). General council; ordinances and powers of council

generally.—The general council [of cities of the second class (Lexington, Covington, Newport, and Paducah)] shall have power by ordi- nance

Sec. 3058-11. Weights and measures.—To establish and regulate the

standard of weights and measures to be used in the city, and to provide for the inspection of all weights and measures, and to compel

dealers in all kinds of coal to weigh the same on public scales, and to

establish, license, tax and regulate public scales, and the charges for

the use of the same ; to make provisions for the inspection and meas- urement of lumber and other building material * * *; for the

inspection and weighing or measuring hay, coal, charcoal, firewood,

and all other kinds of fuel to be used in the city; for the inspection

of butter, cheese, milk, lard and all other provisions; for regulating

the weight and quality of bread : Provided, That nothing herein shall be so construed as to authorize an inspection of any article enumerated in this subdivision which is to be shipped beyond the limits of

the city, except at the request of the owner thereof • * * *

Sec. 3290 (1914). Council; power by ordinance; weights and measures;

inspection and measurement of lumber; inspection and weighing of stone,

coal, hay and grain.—The common council of each of said cities [of

the third class, Owensboro, Henderson, Frankfort, Bowling Green,

Middlesboro, Hopkinsville, Ashland, Maysville, and Corbin] shall,

within the limitations of the constitution of the State and this act, have power by ordinance ; * * *

17. To establish standard weights and measures to be used in the

city.18. To provide for the inspection and measuring of lumber and

other building materials.

19. To provide for the inspection and weighing or measuring of

stone, coal, wood and fuel, hay, corn and other grain, and produce

of all kinds.

Sec. 3490 (1893). General powers of the council; public scales; public

weigher; weights and measures; coal weighed; oil inspected.—The board
290 LAWS COHCEBNING WEIGHTS AND MEASURES

of council [of cities of the fourth class—ShelbyviUe, Eichmond, Winchester, Daj'ton, Paris, Catlettsburg, Danville, Mt. Sterling, Georgetown, Versailles, Harrodsburg, Bellevue, Cynthiana, Mayfield, Lebanon, Ludlow, Nicholasville, Pineville, Madisonville, Princeton, Fulton, Lawrenceburg, Eusselville, Carrollton, Central City, Franklin,

Barboursville, Providence, Morganfield, Pikeville, Somerset, Murray, Harlan, Elizabethtown, Jackson, Hazard, Highland Park, Hickman, Scottsville, Earlington, Olive Hill, Irvine, Marion, Clifton

and Fort Thomas] , in addition to other powers herein granted, shall have power within the city ; * * *

18. To erect and keep in repair accurate public scales, and to appoint a public weigher or weighers to attend to the same, and to fix fees and compensation for his services ; to establish standard weights

and measures, and to regulate the weights and measures to be used in

the city in all cases where the same are not provided for by law.

19. To pass ordinances requiring all coal sold and to be delivered

in or out of the city to be weighed by the public weigher, and to fix adequate penalties for the violation of the same. * *

*

Sec. 3620. City weigher.—The city council [of cities of the fifth class] may appoint * * * a city weigher * * * for a term

of two years, but either may be removed at the pleasure of the

council.

Sec. 3685. Town weigher.—The board of trustees of towns [of the

sixth class] may appoint a * * * town weigher, and town physician, each of whom shall hold office for two years, but may be removed

at the pleasure of the board of trustees. * * *

Carroll's Stats., 1922, cli. 46a, p. 772.

Sec. 1719a-l (1906). Commercial feeding stuffs to be labeled; what

label shall state.—Every bag, barrel or other package of concentrated

commercial feeding stuff,^ manufactured, sold, offered or exposed for

sale in, or imported into, this State, shall have securely attached a tag or label, and plainly printed thereon the number of net pounds

of concentrated commercial feeding stuff in the package, the name,

brand or trademark under which the concentrated commercial feeding stuff is sold ; the name and address of the manufactured * * * Provided^ That all concentrated commercial feeding stuffs shall be

in standard weight bags or packages of no other than fifty, one

hundred, one hundred and fifty, or tAvo hundred pounds each, or less than fifty pounds, or sold in bulk. * *

*

Carroll's Stats., 1922, ch. 50, p. 807.

Sec. 1822-1 (1898). Sample to be furnished director of experiment

station before sale.—In each year, before any person or company shall

sell, offer or expose for sale in this State any commercial fertilizer,

said person or company shall furnish to the director of the agricultural experiment station of the Agricultural and Mechanical College of Kentucky, which station is hereby recognized as the " Kentucky agricultural experiment station," a sealed quantity of such

commercial fertilizer, not less than one poimd, sufficient for analysis,

accompanied by an affidavit that the sample so furnished is a fair

and true sample of a commercial fertilizer which the said person

6 See sec, 1719a-2 for deiSnition,
KENTUCKT 291

or company desires to sell in this State, and said affidavit shall also

state the name and address of the manufacturer, the name of the

fertilizer, the number of net pounds in each package * * *. Sec. 1822-2 (al904). Labels containing analysis furnished by director.—The director of said experiment station, upon receipt of

affidavit and sample as provided for in section one, * * * shall

issue to said person or company a sufficient number of labels, to tag

not less than twenty (20) tons of said fertilizer, in which label shall be printed the name and address of the manufacturer, the name of

the fertilizer, the number of net pounds in each package, * * *

Sec. 1822-3 (1894). Penalty for violation of law.—Every bag or other package or quantity of any commercial fertilizer, in any shape

or form whatever, sold or offered for sale in this State, shall have

attached to it in a conspicuous place a label as provided in section 2,

Carroll's Stats., 1922, ch. 53a, p. 839.

Sec. 1905a-32 (1916). Unpacked apples in barrels; size of standard

barrel.—This act [specifying standard grades and regulating the

packing of apples] shall not apply to unpacked apples actually trans- ported in barrels to storage within this State until the same are removed from storage for the purpose of marketing, sale, trans- portation or distribution. The standard barrel ^ for apples shall

be of the following dimensions when measured without distention

of its parts: Length of stave, twenty-eight and one-half inches;

diameter of head, seventeen and one-eighth inches ; distance between

heads, twenty-six inches; circumference of bulge, sixty-four inches

outside measurement, representing as nearly as possible seven thou

sand and fifty-six cubic inches : Provided^ That steel barrels con- taining the interior dimensions provided for in this section shall

be construed as a compliance therewith.

Sec. 1905ar-46 (1918). Weights and samples of milk and cream.—That

it shall be unlawful for any hauler of milk or cream or other person,

or creamery, or other milk plant or agent, receiving milk or cream by weight or test or by weight and test, to fraudulently manipulate

the weights of milk or cream of any patron, or to take unfair samples

thereof, or to fraudulently manipulate such samples. The hauler

shall weigh the milk or cream of each patron accurately and cor- rectly and shall report such weights accurately and correctly to the

factory. He shall thoroughly mix the milk or cream of each patron

by pouring and stirring until such milk or cream is aniform and

homogeneous in richness, before the sample is tasen from such milk

or cream. When the weighing or sampling of the milk or cream of

each patron is done at the creamery, shipping station or other fac- tory, firm, corporation or individual buying and paying for milk or cream on the basis of the butterfat contained therein, the same rule

shall apply.

Sec. 1905a-47. Glassware for testing milk and cream for butterfat.

Every person, firm, company, association, corporation or agent

thereof, buying and paying for milk or cream on the basis of amount

of butterfat contained therein as determined by the Babcock test, shall use standard Babcock test bottles, pipettes and weights, and

accurate scales, as defined in section 13 [sections 1905a-57 to 1905a-

« See note, p. 20, relative to the Federal standard barrel.
292 LAWS CONCERNING WEIGHTS AND MEASUBES

59, inclusive] of this act, and all Babcock test bottles, pipettes and

weights shall have been inspected for accuracy by the Kentucky Agricultural Experiment Station, or its deputy, and shall be legibly and

indelibly marked by the said Kentucky Agricultural Experiment

Station, or its deputy, with the letters " S. G. K." (Standard Glass- ware, Kentucky) . No bottle, pipette or weight shall be used for such

test unless so examined and marked by said Kentucky Agricultural

Experiment Station. It shall be unlawful for any person, firm, company, association, corporation, or any of their agents, to use any

other than standard test bottles, pipettes and weights which have

been examined and marked as provided in this section, to determine

the amount of fat in the milk or cream bought and paid for on the

butterfat basis.

Sec. 1905a-48. Unlawful tests.—^It shall be unlawful for any person,

firm or corporation, by himself or as the officer, servant, agent or employee of any person, firm or corporation, buying and pajdng for

milk or cream on the basis of the amount of fat contained therein,

to underread, overread or otherwise fraudulently manipulate the Babcock test used for determining the per cent of fat in milk or cream,

or to falsify the record thereof, or to read the test at any temperature

*except the correct temperature, which is 135 degrees to 140 degrees

Fahrenheit, or to pay on the basis of any measurement or weight

except the true measurement or weight, which is seventeen and six- tenths (17.6) cubic centimeters for milk and nine (9) grams for cream. This section further provides that in all tests the cream shall be weighed into the test bottles.

Sec. 1905a-49. License for the tester.—Everj- creamery, shipping

station or other factor}', or person, or agent, receiving, buying and

paying for milk or cream on the basis of the amount of butter fat

contained therein shall have in its employ a licensed tester who shall

supervise and be responsible for the operation of the Babcock test of milk and cream. * * *

Sec. 1905a-57. Standard Babcock testing glassware defined.-—The term

" standard Babcock testing glassware " shall apply to glassware and

weights complying with the following specifications

:

(a) Standard Milk Test Bottles.—Graduation: The total per

cent graduation shall be 8. The graduated portion of the neck shall have a length of not less than 63.5 millimeters (2% inches). The

graduation shall represent whole per cent, five-tenths per cent, and

tenths per cent. The tenths per cent graduations shall not be less than 3 millimeters in length, the five-tenths per cent graduations

shall be 1 millimeter longer than the tenths per cent graduations,

projecting 1 millimeter to the left; the whole per cent graduations

shall expend [extend] at least one-half Avay around the neck to the

right and projecting 2 millimeters to the left of the tenths per cent graduations. Each per cent graduation shall be numbered, the number being placed on the left of the scale. The error at any point

of the scale shall not exceed one-tenth per cent. Neck: The neck shall be cylindrical and the cylindrical shape ex- tend for at least 9 millimeters below the lowest and above the highest

graduation mark. The top of the neck shall be flared to a diameter

of not less than 10 millimeters.
KENTUCKY 293

Bulb: The capacity of the bulb up to the jiuiction of the neck

shall not be less than 45 cubic centimeters. The shape of the bulb

may be either cylindrical or conical with the smallest diameter at the bottom. If cylindrical, the outside diameter shall be between 34

and 36 millimeters; if conical, the outside diameter of the base shall

be between 31 and 33 millimeters, and the maximum diameter between

35 and 37 millimeters.

The charge of the bottle shall be 18 grams.

The total height of the bottle shall be between 150 and 165 millimeters (5% and 6^2 inches).

(b) Standard Cream Test Bottles.—Two types of bottles shall

be accepted as standard cream test bottles, a 50 per cent, 9 gram

short-neck bottle, and a 50 per cent, 9 gram long-neck bottle. Fifty Per Cent, 9-Gram Shost-Neck Bottles.—Graduation:

The total per cent graduation shall be 50. The graduated portion of

the neck shall have a length of not less than 63.5 millimeters (2%

inches). The graduation shall represent five per cent, one per cent and five-tenths per cent. The five per cent graduation shall extend

at least half way around the neck (to the right). The five-tenths

per cent graduations shall be at least 3 millimeters in length, and

the one per cent graduation shall have a length intermediate between

the five per cent and the five-tenths per cent graduations. Each five per cent graduation shall be numbered, the number being placed on

the left of the scale. The ei^ror at any point of the scale shall not

exceed five-tenths per cent. Neck : The neck shall be cylindrical and the cylindrical shape shall extend at least 9 millimeters below the lowest and 9 millimeters above

the highest graduation mark. The top of the neck shall be flared

to a diameter of not less than 10 millimeters.

Bulb : The capacity of the bulb up to the junction of the neck

shall not be less than 45 cubic centimeters. The shape of the bulb

may be either cylindrical or conical with the smallest diameter at the bottom. If cylindrical, the outside diameter shall be between

34 and 36 millimeters; if conical, the outside diameter of the base

shall be between 31 and 33 millimeters and the maximum diameter

between 35 and 37 millimeters.

The charge of the bottle shall be 9 grams. All bottles shall bear on top of the neck above the graduation, in plain, legible characters,

the mark defining the weight of the charge to be used (9 grams).

The total height of the bottle shall be between 150 and 165 milli- meters (5% and 6^2 inches), same as standard milk test bottles. Fifty Per Cent, 9-Gram Long-Neck Bottles.—The same specifications in every detail as specified for the 50 per cent, 9-gram shortneck bottles shall apply for the long-neck bottle, with the exception,

however, that the total height of this bottle shall be between 210 and

235 millimeters (814 and 8 7/7^ inches) and the total length of the

graduation shall not be less than 120 millimeters.

Sec. 1905a-58. The standard Babcock pipette.—Total length of

pipette not more than 330 millimeters (131/4 inches). Outside diameter of suction tube, 6 to 8 millimeters. Length of suction tube, 130

' Evidently erroneous. Based on the value of 39.37 inches to the jneter, 210 mm equal 8.268 inches and 235 mm equal 9.252 inches.—Ep.
294 LAWS CONCEKNING WEIGHTS AND MEASURES

millimeters. Outside diameter of delivery tube, 4.5 to 5.6 milli- meters. Length of delivery tube, 100 to 120 millimeters. Distance

of graduation mark above bulb, 30 to 60 millimeters. Nozzle

straight. Delivery, 17.6 cubic centimeters of water to 20 degrees C.

in five to eight seconds.

Sec. 1905a-59. Standard weights.—The standard weight shall be

nine grams.

Carroll's Stats., 1922, ch. 63, p. 928.

Sec. 2060a-l (1918). "Food" defined.—That the term food, as used

in this act, shall include every article used for or entering into

the composition of food or drink for man or domestic animals, in- cluding all liquors.

Sec. 2060a-2. Food deemed misbranded, when.—For the purpose of

this act, an article of food shall be deemed misbranded

4. If it be misrepresented as to weight or measure, * * *_

Carroll's Stats., 1922, ch. 71, p. 1035.

Sec. 2186°. Inspection warehouses; county court may establish upon

application.—An inspection warehouse outside of a city may be established by the county court of the county wherein it is located, upon

the application of any person entitled as owner or lessee, but the same shall not be established unless the warehouse be built of such

material and in such manner as to prevent injury to articles stored

therein.

Sec. 2187. Scales and balances to be provided.—Scales, steel yards, or

patent balance, with suitable weights sufficient to weight at least one ton, shall be provided as appurtenant to the warehouse.

Sec. 2196. Selling articles under weight.—Whoever shall sell or olfer to sell any barrel or other package of such article [of which he is appointed inspector], knowing the article not to be of the weight or

quantity, after allowing for ordinary weight or loss of weight, that

is required by law, or that is marked or branded thereon, shall be

fined ten dollars for every barrel or package so sold or offered for

sale.

Sec. 2198. Falsely packed hogsheads, casks or barrels.—Whoever shall Imowingly sell, or attempt to sell, any hogshead, barrel or other

package of tobacco, liquor, salt, beef, pork or lard, which is falsely

packed or filled, or the staves or heading of which are falsely made,

with a view to cheat a purchaser as to weight or quantity, or shall so pack, fill or prepare a hogshead, barrel or other package, with

such intent, shall be fined ten dollars for every such hogshead, barrel or other package.

Carroll's Stat, 1922, ch. 87, p. 1305.

Sec. 2721 (1906). Sealed measiu-es in mills.—Every owner or occupier

of a mill, grinding meal, flour, bread stuff, feed or otherwise, shall

keep therein and use sealed measures of half bushel and peck, and

toll dish sealed, and shall measure all grain by strike measure or

weight, under a penalty of five dollars for every such failure, re- coverable, with costs, before a justice of the peace, for the use and

benefit of the common school fund in the district where the mill is located. * *

*
KENTUCKY 295

Carroll's Stats., 1922, ch. 133, p. 2284.

Sec. 4791 (1893). Inspector, weigher and registrar; appointment; re- moval; qualifications; compensation.—The commissioner of agriculture

shall appoint an inspector, weigher and registrar for the warehouses

in the city, and fix their duties, the amount and kind of bond to be given by them, and their fees, which shall be paid by the seller,

and the board of trade shall, at least once in each year, establish

standard grades of the various kinds of grain by which the in- spector shall be governed in their inspection; but any warehouseman, seller or buyer, or other person in interest, may, on summary

complaint to the circuit court of the county, obtain a reduction of

the fees, if, in the opinion of that court, they are exorbitant. And

the same court shall, upon complaint of malfeasance or neglect, re- move any inspector, weigher or registrar, and declare him incompetent

for reappointment, the proceedings being as near as may be similar to those for vacating an office. No member of the board of trade or per- son interested in any warehouse, shall be appointed inspector, weigher

or registrar, nor shall any inspector, weigher or registrar have stored

or offer for sale, in any warehouse under his supervision, any com- modity owned by him or in which he is directly or indirectly interested, nor shall he be a purchaser at any sale made by the warehouse

of any commodity inspected, weighed or registered by him. No per- son shall be appointed inspector, weigher or registrar imless he be a

citizen of the State of Kentucky, has attained the age of twenty-five

years, and has been a resident of the city for which he has been

chosen at least one year next preceding his appointment.

Sec. 4793 (1893). inspector and weigher at grain warehouses; bond;

fees; term.—In all cities and counties where there are grain warehouses, and where there is no board of trade, it shall be the duty of

the fiscal court of the county to appoint an inspector and weigher

for said warehouses who shall file a bond in the county clerk's office, with good sureties, to be approved by the court, conditioned for the

faithful performance of his duty as such inspector and weigher, on which suit may be brought by any person injured by the violation of

such duty. Said inspector and weigher shall have the inspection

and weighing of all commodities stored in said warehouses. The

fiscal court of the county shall fix the fees of said inspector and

weigher, which shall be paid by the seller. No person interested in

any warehouse shall be appointed an inspector, weigher or registrar

nor shall any inspector, weigher or registrar have stored or offered

for sale in any warehouse under his supervision any commodity owned

by him or in which he is directly or indirectly interested. Nor shall he be a purchaser at any sale made by the warehouse of any comm^odity inspected, weighed or registered by him. * * * Said in- spector and weigher shall be appointed for the term of two years

and until his successor is appointed and qualified.

Sec. 4796. Penalty for neglect of duty; misdemeanor to improperly

influence inspector; penalty for.—Any duly authorized inspector

and weigher of grain, who shall be guilty of neglect of duty, or who

shall knowingly or carelessly inspect or grade any grain improperly,

or who shall accept any money or other consideration, directly or

indirectly, for any neglect of duty or the improper performance of

any duty as such inspector of grain, and any person who shall im-
296 LAWS COKCERNING WEIGHTS AND MEASUBES

properly influence any inspector of grain in the performance of his

duties as such inspector, shall be deemed guilty of a misdemeanor

and, on conviction, shall be fined in a sum not less than one hundred

dollars nor more than one thousand dollars, in the discretion of the

jury, or shall be imprisoned in the county jail not less than three nor more than twelve months, or both, in the discretion of the jury.

Sec. 4797. Copy of this law to be posted.—All proprietors or managers of public grain warehouses shall keep posted up at all times

in a conspicuous place in their business offices, and in each of their

warehouses, a printed copy of this act. Sec. 4814a-l (1892). Tobacco warehouseman to grade and weigh, and

issue receipts.—That any corj)oration, company, partnership or individual engaged in the business of warehousemen for the purpose

of receiving, grading, handling, prizing and storing tobacco, shall,

upon the receipt of such tobacco, grade it into distinct and proper

grades, and weigh same; and shall give warehouse receipt therefor

to the owner or consigner thereof, setting forth each grade and the

number of pounds thereof; and after so doing said corporation,

company, partnership or individual shall have the right to commingle all tobacco so received into like grades and types. * * *

Sec. 4814a-4. Competent men to grade and weigh.—It shall be the

duty of such warehousemen to have some person or persons competent to grade such tobacco into proper grades and to weigh same

in proper manner.

Carroll's Statutes, 1922, ch. 88, p. 1307.

Sec. 2738a-l (1914). Mine scales to be provided; testing same.—The"

operator or superintendent of every coal mine in this State, to which

this act applies, at which miners are paid by weight, shall provide at such mine suitable and accurate scales for the weighing of the coal

for which the miners are to be paid, and when differences arise

between the operator or superintendent of the mine and the miners

employed in the same as to the accuracy or capacity of the scales,

the question shall be referred to the county inspector of weights

and measures,** whose duty it shall be to inspect and test said scales as early as practicable after receiving notification; and should said

inspector find the scales inaccurate or defective beyond the limit

admitted in scales of standard manufacture, he shall notify the

operator or superintendent of the mine and said scales shall forthwith be repaired and made accurate, or accurate scales be substituted

therefor.

Sec. 2738a-2. Penalty.—Any operator or superintendent of a coal

mine who refuses or willfully fails to comply with the instructions

to render his mine scales accurate shall be guilty of a misdemeanor,

and, on conviction, shall be fined not less than five dollars nor more

than fifty dollars.

Sec. 2738q-l (1886). Inspector of scales at mines.—That when a majority of the miners engaged in digging or mining coal at any

coal mine in this State, at which as many as twenty men are employed,

request the owner or owners or operator or operators of any of said

mines to allow the said miners to employ, at their own expense, a

* The office of county inspector of weights and measures was created by acts, 1910, «h, 90, p. 265, and this law was repealed by acts, 1914, cb, 42, p. 129,
KENTUCKY 297

person to inspect the scales at said mine and see that the coal digged

and mined by said miners is properly weighed and accounted for,

and do and perform such other duties as will insure that said

coal is properly weighed and correctly accounted for, said owner or owners or operator or operators shall permit such person to be employed by said miners making the request : Provided^ The person so employed has the repiitation of being an honest, trustworthy, dis- creet and upright man. The appointment under the provisions of

this act of each ins^Dector and assistant weigher shall be approved by

the judge of the county court of the county wherein the same is made.

Sec. 2738c[-2. Eights and duties of inspector.—The person appointed

and employed by miners to perform the duties set forth in the first section of this act shall at all times have free access to the scales at the mines, and the said person so emj)loyed by the miners shall not

be hindered or prevented from a proper performance of his duties

by the person who weighs coal for the operator or operators of any

mines, nor any of the agents or employees of said operator or

operator^. Said person employed by the miners shall in no way pre- vent the weighman or other employees of said operator or operators

from performing their duties in a proper manner.

Sec. 2738q-3. Penalty for violating this law.—Any person violating any of the provisions of this act shall be fined not less than ten

dollars nor more than fifty dollars, and each day on which any of

the provisions of this act is violated shall constitute a separate

offense.
LOUISIANA

Stats., 1920, Vol. 3, p. 2208.

Sec. 1 (1898). Offices abolished.—That the office of inspector of

weights and measures in all the parishes of this State, " except the

parish of Orleans," be and the same is hereby abolished.

Sec. 2. Authority to establish; fees That the police jury of the

several parishes throughout the State, " the parish of Orleans ex- cepted," shall have power to provide for said inspection when they

deem it necessary, and regulate the duties and fees for same.

Stats., 1920, Vol. 3, p. 2204.

Sec. 1 (1912). Two complete sets of weights and measures to be pro- cured for ITev/ Orleans; deposited in office of secretary of state,—That

the governor, at the expense of the State, shall procure, or cause

to be procured, for the use and guidance, in the city of New Orleans, of the inspector of weights and measures hereinafter provided

for, two complete sets of copper weights to correspond with weights

of their denominations used by the revenue officers of the United

States in their offices, together with scales for such weights, and

stamps and seals, with such device as the governor may deem proper

;

and also two complete sets of measures, calculated for dry, liquid

and long measures of the same capacity and length as those of their

like denomination used by such revenue officers ; one of which sets of

weights and measures, together with the scales and stamps, shall be deposited in the office of the secretary of state to serve as a general standard of weights and measures in this State : Provided, That

in the event the equipments hereinafter prescribed now in the possession of the State is in good condition it may be used and the gover- nor relieved of the necessity of providing the new equipment herein

authorized.

Sec. 2. Sealing weights and measures.—That on and after January

1st, 1913, it shall be unlawful for any person, firm or corporation to use in the conduct of any business, trade or avocation for the purpose

of weighing or measuring any article for purchase or sale within

the city of New Orleans any weight, measure, scale beam, patent

balance, steelyard, or other instrument or who shall maintain or operate any weight, measure, scale beam, patent balance, steelyard or other instrument, whether automatic or otherwise, used for the

purpose of weighing or measuring any person or animal for hire or reward, or any commodity for sale which has not been sealed and

for which the certificate hereinafter provided has not been obtained

from the inspector of weights and measures, as required by the provisions of this act, and it shall be the duty of all persons, firms, and

corporations to have any weights, measures, scale beams, patent bal- ances, steelyards or other instruments, whether automatic or otherwise used for the purpose of weighing or measuring any person or animal for hire or reward, or any commodity for sale, inspected and

sealed annually.

398
LOTJISIANA 299

Sec. 3. Weights and measures to be inspected.—That every person,

firm or corporation, using weights, measures, scale beams, patent

balances, steelyards or any instrument, in weighing or measuring

any article intended to be purchased or sold in the city of New Orleans, or in weighing or measuring any person or animal, for hire or reward, shall cause the same to be inspected and sealed annually

by the inspector of weights and measures, in accordance with the provisions of this act. Sec. 4. Hawkers and peddlers, etc., must have scales and measures examined; failure, a violation of act.—That all itinerant peddlers and

hawkers using scales, balances, weights or measures or other instruments in weighing or measuring any article for purchase or sale, or intended to be purchased or sold, in the city of New Orleans, shall take same to the ofSce of the inspector of weights and measures before any use is made thereof, and have the same sealed and adjusted

and also to have the same sealed and adjusted annually; and every

day such person shall use such scales, balances, weights, and

measures, without having the same adjusted and sealed as herein

provided, shall constitute a separate and distinct violation of this

act.

Sec. 5. Two inspectors appointed.—That there shall be appointed by

the governor, by and with the consent of the senate, two inspectors

of weights and measures one who shall exercise the functions of his

office in the first, fourth, sixth and seventh municipal districts and

one who shall exercise the functions of his office in the second, third

and fifth district, who shall have their offices in the city of New

Orleans : Provided, however, That the governor shall have the power

to remove from office any inspector or assistant inspector of weights

and measures, or employees under said inspectors, upon satisfactory proof made to him, of any negligence or failure to perform their

duties or for any official misconduct.

Sec. 6. Bond furnished.—That such appointments shall be for four

years; and said inspectors shall give bond, payable to the governor,

or his successors in office, with good and sufficient sureties, in the

penal sum of five thousand dollars each, conditioned for the faithful

performance of the duties required of them by law.

Sec. 7. Duties.—That it shall be the duty of each inspector to see that no other weights and measures than those established by law

are made use of in weighing or measuring in any business, trade or

avocation, within the limits of the city of New Orleans.

Sec. 8. Unlawful to remove seal.—That it shall be the duty of said

inspectors to inspect, not less than once each year, all weights, measures, scale beams, patent balances, steelyards, and other instruments

used for weighing and measuring in the city of New Orleans, and to stamp with a suitable seal, all weights and measures and scales so used and which he may find accurate, and deliver to the owner thereof

a certificate of their accuracy. It shall be unlawful for any person

or persons to wilfully remove or destroy in any manner erase or

conceal any stamp or seal of inspection from any scale weight or measure.

Sec. 9. Powers of inspectors ; inspection of apparatus and appliances

police powers.—That the inspectors of weights and measures appointed under this act are hereby given the power
300 LAWS CONCERNING WEIGHTS AND MEASTTBES

To inspect and test the accuracy of all measures, of every kind of

tools and appliance connected therewith, used or employed, to determine the weight, size, quantity or other dimensions of any liquids,

solids, or other articles offered for sale, hire, or award.

To reweigh or remeasure any package put up ready for sale or

delivery, or any amoimt of any commodity whatever, commonly so

sold, at any time before the actual delivery of such package or amount of commodity to the buyer.

To enter, without formal warrant for the purpose herein specified,

and in the general performance of their official duties, any stand,

place, building or premises, or to stop any wagon or other con- veyance in or upon which any measure or measures, or weighed or measured packages, or amounts of commodity are kept, maintained

or carried, for the purpose of testing, inspecting, correcting and

sealing, or condemning such measures, or reweighing, or remeasur- ing such packages or amounts of commodity, either upon his own

initiative or at the request of any State, municipal or parish official, or upon the written request of any person.

Sec. 10. Violation.—That in the event it is found that any such

weights, measures, scale beams, balances, or other instruments used

for weighing or measuring at the stores and places where the same may be used are not conformable to the standard of this State they

shall be marked " condemned " and the owner thereof shall within

ten days thereafter have the same properly adjusted and sealed, in

default of which and after conviction, he shall be fined or imprisoned

in accordance with the provisions of this act. Sec. 11. Refusal to exhibit weights and measures.—That it shall be

unlawful for any person engaged in the business of buying or selling to refuse to exhibit any weight, measure, scale beam, patent balance,

steelyard, or other instrument to said inspectors, for the purpose of

being so inspected and examined.

Sec. 12. Obstructing inspector.—That it shall be unlawful for any

person in any way or manner to obstruct, hinder or molest the

inspector of weights and measures in the performance of his duties, as herein imposed upon him, or refuse to weigh or measure any

article of merchandise or any other commodity whatever, or refuse

10 permit said inspector to ascertain the weight or measure of any

article of merchandise or other commodity which may be sold or

offered for sale.

See. 13. Restrictions upon inspectors.—That it shall be unlawful for

said inspectors to vend or sell any weights, measures, scale beams,

patent balances, steelyards, or other instruments to be used for

weighing or to offer or expose the same for sale or purchase, to be

engaged in any business, calling or occupation, where weights or measures are used or required.

Sec. 14. Salary.—That the salaries of said inspectors are hereby

fixed at the sum of fifteen hundred dollars per annum, to be paid

monthly by the city of New Orleans out of the fees collected for

inspection under the provisions of this act : Provided however^ That

should the inspection fund be insufficient at any time to pay said salaries the city treasurer shall at the expiration of the following month

or months pay the arrears out of the said fund should a surplus

arise: Provided^ That at the expiration of each year the city treas-
LOUISIANA 301

urer shall turn over any balance of said inspection funds to the general fund of the city of New Orleans for the use of said city. See. 15. Refusal of certificate.—Tliat wlienever it is necessary for

said inspectors to employ anyone to repair defective scales or any

kind of weights and measures whatever, the cost or of [of or] ex- pense thereof shall be collected from the owner of such scales, measures or other instruments, and upon refusal of such payment, it shall be the duty of said inspector to refuse to issue the certificate provided for in section 8 of this act. Sec. 16. Yearly inspection ; fees.—That the fees of the inspection

shall be as follows, and no more, to wit

For each yearly visit and inspection of a full set of steel-yards, or of scale with their weights, or of balances with their Aveights, or of a bushel measure with its parts, or of a gallon measure and its parts, Or a set of yard sticks, they shall receive twenty cents; for

sealing each weight and measure four cents; for the examination of

each platform scale, cotton and tobacco scale and its apparatus,

thirty cents; and for sealing the saine twenty-five cents; the fees in

all cases to be paid by the owner of the weights and measures in- spected and sealed. The stamp shall be impressed and payment

required for doing the same only on such as have been stamped,

or such as, having once been stamped, are found so defective as to require to be regulated with the standard, and payment thereof shall be evidenced by a certificate from such inspector. Failure to produce

and exhibit such a certificate shall be deemed and treated as prima

facie evidence of the violation of the provisions of this act.

Sec. 17. Fees and fines to be paid to city treasurer daily.—That all fees and fines collected or imposed under the provisions of this act or any other act shall be paid to the city of New Orleans daily and

the city treasurer shall keep said collections in a separate fund from

which shall be paid the salaries of the inspectors in accordance with

the provisions of this act. Sec. 18. Penalty.—That any person, firm, corporation or itinerant

peddler or hawker, convicted of violating any of the provisions of

this act shall be punished as follows, viz : For the first offense, by fine of not less than twenty-five dollars or more than fifty dollars or imprisonment for not less than ten days nor more than thirty days in

the parish jail, or both in the discretion of the court; for the second

and subsequent offense, by a fine of not less than fifty dollars, not more than one hundred dollars and imprisonment of not less than

ten days or more than thirty days in the parish jail; provided that

upon the second conviction of the violation of any of the provisions

of this act the inspector shall seize and destroy any and all con- demned weights, measures, scale beams, patent balances, steel yards,

and other instruments used for weighing, foimd in use.

Sec. 19. Penalty.—That any inspector of weights and measures convicted of violating any of the provisions of this act shall be punished

by fine of not less than twenty-five dollars, or more than fifty dollars, or imprisonment of not less than ten days or more than thirty days, or both, in the discretion of the court, and such conviction shall carry with it immediate removal from office. Sec. 20. City attorney to be legal adviser.—That in all legal matters,

suits or other proceedings the city attorney of the city of New Orleans
302 LAWS CONCEENING WEIGHTS AND MEASURES

shall act for and on behalf of the aforesaid inspector of weights and

measures.

Stats., 1920, Vol. 3, p. 2208. Rev. Stats., sec. 3925^ (al902). Barrel measure and subdivisions;

barrels for meal, flour, and pork; sack for bran or chops; baskets for

oysters.—There shall be in this State a dry measure to be known

under the name of barrel, which shall, except for the purchase and

sale of oysters contain three and a quarter bushels, according to the

American standard, and shall be divided into half and quarter barrels, and a barrel of meal or flour shall contain not less than one hundred and ninety-six pounds net, and a barrel of mess pork shall

contain not less than 200 pounds net, and a sack of bran or chops shall

contain not less than 100 poimds net. But for the sale of oysters,

baskets shall be used which shall contain one-half of the standard

barrel, which standard barrel contains three and a quarter bushels

according to this section, said baskets to be stamped according to law. Rev. Stats., sec. 3926°-^ Coal measure; grain; wheat, com, oats, barley, and rye.—Coal shall be sold by the barrel or bushel measure

;

grain shall be sold by the barrel, bushel or weight ; the legal weight

of a bushel of wheat shall be sixty pounds ; of a bushel of corn fiftysix pounds; of a bushel of oats thirty-two pounds; of a bushel of

barley thirty-two pounds, and of a bushel of rye thirty-two pounds.

Acts, 1924; Act No. 140, p. 232.

Sec. 12. Barrel of shrimp.—That there be and are hereby levied sev- erance taxes on all salt water shrimp taken from the waters of this

State for drying or canning purposes, or for sale in their fresh state, within the State of Louisiana, as follows: A severance tax of ten

cents (10^) per barrel, said barrel to contain two hundred and ten

(210) pounds of shrimp, is hereby levied * * *.

Stats., 1920, Vol. 3, p. 2210.

Sec, 1 (al912). Coal and coke ganger.—That there shall be appointed

by the governor, by and with the advice and consent of the senate, one coal and coke boat ganger, who shall have his office in the city

of New Orleans: Provided, however, That the governor shall have

the power to remove from office any coal and coke boat or barge

gauger upon satisfactory proof made to him of negligence or official misconduct.

Sec. 2. Bond required.—That said gauger shall give bond, payable

to the governor or his successors in office with sufficient surety, in

the penal sum of three thousand dollars, conditioned for the faithful performance of the duties required of him by law.

Sec. 3 (al904) . All boats and barges of coal must be gauged.—It shall be the duty of said gangers to gauge all boats and barges containing coal whether anthracite or bituminous, or coke, brought into

the State of Louisiana for sale or delivery under rules made out of

this State.

Sec. 4 (1888). Gauging; bushel; barrel.—That such gauging shall consist in reducing the length, breadth and depth, inside measurement, of boats or barges, deducting all obstructions and displace1 The section numbers here given are the numbers carried In the previous Revised

Statutes.
LOUISIANA 303

ments, into cubic inches and dividing said cubic inches by twenty-six

hundred and eighty-eight (2,688) , thus ascertaining the net measure- ment in bushels. Two and six-tenths (2x%) bushels shall constitute a barrel.

Sec. 5 (al904). Duty of coal gaugers.—In all cases it shall be the

duty of the gaugers,^ or either of them, to respond promptly to any

call made for their services, and to furnish a full and detailed certifi- cate of gross measurement of the boat or barge gauged, and the al- lowance made for obstructions and displacements: Provided, however. That the failure to call upon them, or either of them, shall not

relieve them, or either of them, of the obligation to gauge all coal

and coke boats and barges as provided by section one of this act.

Sec. 6 (1888). Fee.—That the fee for gauging or regauging shall

be ten dollars ($10), for each boat, and five dollars for each barge,

to be paid by the seller, except as hereinafter provided.

See. 7. Regauging.—That the purchaser of any boat or barge of

coal or coke, shall have the privilege of calling upon the said

ganger or gaugers to regauge boats or barges in all cases where the

original gauge is not satisfactory, and such regauge shall be adopted

as the correct measure. If the original gauge shall be found to be

correct, then the purchaser shall pay the fee for regauging; but if the regauge shows a less measure, then the seller shall pay the fee.

Sec. 8 (al904). Inspectiou required; penalty.—No boatload of coal or

coke, nor any part thereof, shall be delivered to the purchaser

whether the sale thereof was made within or without the State,

until it has been inspected as provided for in this act. And, any

person partnership, firm or corporation who shall sell or deliver in

this State a boatload or a barge load of coal or coke, or any part

thereof, that has not been gauged as herein provided, or who, within

twenty-four (24) hours after the arrival in this State of any boat

or barge loaded with coal or coke, shall not have notified said coal

gaugers, or either of them, at their ofiices in the city of New Orleans,

of its arrival in this State requesting that the same be gauged, as aforesaid, shall be liable to a penalty of fifty dollars ($50) for each

boat or barge of coal or coke, or part thereof, so sold or delivered,

and for each boat or barge so arriving in this State of which no

notice was given to the said coal gaugers, to be recovered with costs of suit, in any court of competent jurisdiction for the benefit of the

charity hospital of the city of New Orleans.

Sec. 9 (1888). Tenure of office.—The term of office of said gaugers

shall be four years.

Stats., 1920, Vol. 3, p. 2212.

Sec. 1 (al902). Gauge of coal; fee.—That all anthracite or bituminous coal sold in this State shall be gauged or weighed by the

State coal and coke gaugers in the State, whose fees, duties and re- sponsibilities shall remain as now fixed by law, provided the fee for

weighing shall not exceed one cent per ton.

Sec. 2 (1894). Standard barrel and ton.—^That the standard measures

for the l)ituminous and anthracite coal in this State shall be the

2 Act No. 45 of acts of 1912, p. 53, amended sees. 1 and 2, reducing the number of in- spectors from 2 to 1, but corresponding cliange was not made in the remainder of the law. 517—26 20
304 LAWS CONCERNING WEIGHTS AND MEASURES

barrel containing 6,988 cubic inches and the standard ton of 2,000

pounds.

Sec. 3. Fine.—That whoever shall violate the provisions of this act shall be adjudged guilty of a misdemeanor and shall be fined not

less than $50 nor more than $100, at the discretion of the court, for

each offense. Acts, 1920, Act. No. 87, p. 125.

Sec. 1. Municipal corporations to provide for inspection and testing of weights and measures.—That all municipal corporations shall have

the power to provide for inspection and testing of weights and

measures used within said mimicipalities, and to revoke the license

of any person using false weights and measures within said municipalities, and to provide penalties for the violation of any laws

passed under the power hereby delegated.

Acts, 1920, Act. No. 189, p. 310.

Sec. 15. Duty and power of major and board of aldermen of every city,

town and village; weights and measures of commodities.—That the

mayor and board of aldermen of every city, town and village, shall

have the care, management, and control of the city, town or village

and its property and finances, and shall have power to enact ordi- nances for the purpose hereinafter named, and such as not repugnant to the laws of the State, and such ordinance to alter, modify

and repeal; and they shall have power. * * * Ninth. To prescribe rules for the weighing and measurement for

every commodity sold in the municipality, in all cases not otherwise

provided by law, and to provide for the measuring of wood and

fuel and the weighing of coal, and determine the place or places

for the sale of the same and fix fees and duties of the person authorized to perform the duties herein named; * *

*

Stats., 1920, Vol. 1, p. 284.

Sec. 1 (1912). Ice wagons to be equipped with weighing devices.

That dealers in ice who employ wagons, trucks, cars etc., in delivering ice to consumers shall equip such wagons, trucks, cars etc., with

scales or a mechanism for accurately weighing the ice when actually

delivered to the consumer, and that such weighing device shall be so located as to be open to public view.

Sec. 2. Unlawful to overcharge.—That it shall be unlawful for any

dealer in ice to charge and collect for a greater amount of ice than

the amount actually delivered to the consumer.

Sec. 3. Penalty.—That any person, firm, association or corporation

found guilty of violating any of the provisions of this act shall be

deemed guilty of a misdemeanor and upon conviction shall pay a

fine not exceeding fifty dollars or be imprisoned not over thirty

days, or both in the discretion of the court.

Stats., 1920, Vol. 1, p. 805.

Sec. 2 (1914). Meaning of term " misbranded."—That the term " misbranded," as used herein, shall apply to articles of food in package

form which do not bear plainly and conspicuously marked on the

outside thereof the quantity of the contents in terms of weight, measure or numerical count: Provided, That reasonable variations
LOUISIANA 305

shall be permitted, and tolerances, and also exemptions as to small

packages shall be established by the State board of health by rules

and regulations uniform with rules and regulations established by

the United States Department of Agriculture.

Sec. 3. Article of food.—That the term " an article of food," as food

[used] herein, shall include all articles used as food, drink, confectionery or condiment by man or other animals, whether simple,

mixed or compound. " In package form " shall mean any container,

whether glass, tin, wood or paper in which the article of food is packed and, with its contents, sold, offered for sale, or in possession

for sale. The terms " weight or measure " shall mean the net weight, or net measure, in terms in accordance with trade customs.

Sec. 4. Enforcement by board.—That the State board of health

shall be charged with the enforcement of this act as in the enforcement of any provisions of the sanitary code; not, however, to the

exclusion of other authorities charged with the enforcement of the

laws.

Stats., 1920, Vol. 1, p. 275.

Sec. 1 (1906). Weight to be marked on packages of grain, etc.—^That

it shall be unlawful for any corporation, firm, manufacturer,

merchant or other dealer, their agents or employees, to sell or offer for sale, any grain, chops, bran, fertilizer, meal, flour or shorts,

in sacks, barrels or other original packages, unless the true weight

of each package of such grain, chops, bran, fertilizer, meal, flour and

shorts be stamped or marked upon the sacks, barrel or other packages.

Sec. 2. Penalty.—That any corporation, shipper, manufacturer,

merchant, or other dealer, their agents or employees, who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction in the district court shall be fined not

less than ten dollars nor more than twenty-five dollars.

Stats., 1920, Vol. 1, p. 17.

Sec. 1 (1906). Enforcement.—That the State board of agriculture

and immigration shall be charged with the duties of enforcing this act for the regulation of the sale of certain mill products and cereals

not otherwise provided for, to prevent fraud therein.

Sec. 2. Weights of packages of flour and meal.—That mill products

hereinafter mentioned shall have the following standard weights,

viz: Barrels of flour one hundred and ninety-six pounds (196);

halves, whether in wood or sacks, ninety-eight pounds (98) ; quarters, forty-eight pounds (48) ; eighths, twenty-four pounds (24)

meal, bolted or unbolted, shall be net one hundred and ninety-six

pounds (196) per barrel, whether in wood or sacks, and fractional

parts thereof shall be in the same proportion, and cereals or grains

of any kind shall have the net weight given upon each barrel or package.

Sec. 3. Net weight to be marked on packages.—That the correct names, and the true net weight of the contents of each and every

hogshead, barrel, cask, bale, sack or package of any of the foregoing

products, whether sold in single packages or lots, shall be plainly

marked, branded or stenciled in large letters and figures not less than

two inches in size upon the exterior of such hogshead, barrel, box,

cask, sack or package, in a conspicuous place, as the head, in case of
306 LAWS CONCERNING WEIGHTS AND MEASURES

hogshead or barrel and the front or branded side, in case of sacks,

bales or package, and it shall be unlawful for any person, firm or corporation to sell or exchange or offer for sale or exchange any of

such products so packed or contained until the provisions hereof have

been complied with.

Sec. 4. Penalty.—That if any person shall knowingly violate the

provisions of this act, he shall be deemed guilty of a misdemeanor,

and on conviction thereof shall be fined a sum not less than twentyfive dollars nor more than one thousand dollars, and each transaction

shall be deemed a separate offense, which fine or fines shall be

recoverable before any court of competent jurisdiction at the suit of

the commissioner of agriculture and immigration, or any citizen,

without bond or advance cost, and shall be disposed of as hereinafter

provided.

Sec. 5. Interference with inspector.—That any manufacturer, dealer or other person who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent any inspector or other person in the per- formance of his duty in connection with this act shall be guilty of a misdemeanor and shall upon conviction be fined not less than ten

dollars nor more than fifty dollars.

Sec. 6. Products subject to seizure for penalties due.—That the commissioner shall have a privilege on any mill products and cereals sold

in this State, in violation and contravention of the provisions of this

act, and may proceed by writ of provisional seizure against the mill

products and cereals so sold in the hands of whomsoever they may be,

and wheresoever he may find them, regardless of the domicile of the owner thereof, [to recover the fines and penalties due for the illegal sale thereof],^ by presenting a petition to a competent judge or magistrate, within whose jurisdiction said mill products and cereals are found, stating on oath at the foot of the petition the amount and

nature of the demand, the mill products or cereals on which the

privilege exists, and praying that the mill products or cereals be

seized to satisfy the claim and pay the costs of suits.

Stats., 1920, Vol. 3, p. 2208.

Sec. 1 (1914). Stoek-yard and slaughterhouse weighers are public

weighers.—^The weighers employed by the slaughterhouses and stockyards of this State be and they are hereby declared to be public

weighers, with all the duties and obligations customarily incident

thereto, and that their certificates of the weights of all stock, both

singly and in carload lots, shall be accepted by all common carriers

and corporations, persons, companies and individuals doing business

at the yards of the said company.

Stats., 1920, Vol. 2, p. 1409.

Sec. 1 (1904). Shrimp measure.—^That shrimp shall be measured by

the basket, and that each basket shall contain seventy pounds avoirdupois of shrimp.

Stats., 1920, Vol. 1, p. 268.

Sec. 1 (1888). "Scalage" deductions; unlawful.—That it shall be

unlawful for any purchaser or weigher of cotton to deduct two

* The portion in brackets is not contained In the statutes, but la given to the original

act.
LOUISIANA 307

pounds, or any number of pounds, known as scalage, from the actual

weight of any bale of cotton, weighed or purchased by them.

Sec. 2. Damaged cotton.—That purchasers shall account to the seller of cotton in all instances for the actual weight of the bale purchased

or weighed, except in cases of wet or damaged cotton, when the

amount to be deducted may be agreed upon by the parties buying

and selling.

Sec. 3. Penalty.—That for each violation of this act, the offender

shall be deemed guilty of a misdemeanor, and upon conviction, by

a court of competent jurisdiction, he shall be fined not less than ten nor more than fifty dollars.

Stats., 1920, Vol. 2, p. 1406.

Sec. 1 (1910). Standard measure for oysters.—That there shall be in

this State for the purchase and sale of oysters arriving at ports or cities within the State of more than fifty thousand inhabitants

from any other port, city or place, whether said oysters arrive in

barrels, sacks, bulk or otherwise, a standard measure in the form

of a basket, which shall contain one bushel and one-half bushel,

said baskets to be inspected and stamped by the inspector of weights

and measures or other officers exercising his functions for the respective districts or parishes where said oysters arrive, if there be any

such inspector or officer at the place of arrival, and in the Parish

of Orleans by the inspector of weights and measures of the municipality or district where the oysters thus arriving are unloaded.

Sec. 2. Inspection at destination.—That each and every sack of

oysters arriving at the ports or cities mentioned in section 1 of

this act shall contain one standard basket as established by this

act, and each and every barrell of oysters arriving at the different

ports or cities mentioned in said section 1 of this act, shall contain

two standard baskets as established by section 1 of this act, said

sacks and barrels to be inspected by the inspector or officer exercising his functions as provided in section 1, and must contain the

measurements stated in this act at the time of delivery to the consignee, buyer or importer, and at the time of delivery to any subsequent buyer of said oysters after arrival, whether in sacks, barrels or baskets.

Sec. 3. Fees of inspector of weights and measures.—That the inspector

of weights and measures or other officer exercising his functions

in the district or parish where said oysters are unloaded shall be entitled to charge and collect for such inspection from the buyers,

importers or consignees of said oysters a fee of one-fourth of one cent for each basket inspected and unloaded, payable immediately, and the inspector or other officer exercising his functions

may issue a certificate of inspection and measurement which shall

be prima facie evidence of such inspection and measurement of the

oysters under the provisions of this act ; provided that for the stamping of each basket mentioned in section 1, such inspector or officer shall be entitled to charge and collect immediately after stamping,

from the owner or owners of the baskets so inspected or stamped,

a fee of thirty cents.

Sec. 4. Examination of manifest of oyster boats.—That for the

purpose of making the inspection and measurement provided by this
308 LAWS CONCERNING WEIGHTS AND MEASURES

act, and of ascertainiBg the number of sacks, barrels and baskets

arriving in the different ports and cities mentioned in section 1 and

the names and addresses of the sellers, exporters, consignors, buyers,

importers and consignees of such oysters to be inspected and meaa- ured under the provisions of this act, and the quantity consigned to each buyer, imported [importer] and consignee, and such other

information as may be necessary to obtain in order to perform the

duties imposed upon him by law, such inspector or officer exercising

his functions shall have the right and power to go on board the boat

arriving with such oysters, in order to count the number of barrels,

sacks and baskets thus arriving and to be unloaded from said boat,

and shall also have the right and power to demand and obtain an

examination of the boat's manifest and it shall be the duty of the

owner, master, captain or other person in charge of said boat or of

said manifest to produce the manifest and allow such examination

hj said inspector or officer. Sec. 5. Cities of more than 50,000 inhabitants to make inspections.

That any and all buyers, sellers, importers and exporters of oysters

arriving at the different ports and cities in the State of Louisiana,

of more than fifty thousand inhabitants, are charged with the

duty of having such oysters inspected and measured, and such baskets inspected and stamped, in accordance with the provisions of

this act and any and all buyers, sellers, importers and exporters of

oysters arriving at the ports and cities mentioned in section 1, and

any and all owners, masters and captains of boats arriving with

oysters at said ports or cities, and any other person or persons, firm

or firms and corporation or corporations (through their proper

officer) violating any of the provisions of this act, shall be deemed

guilty of a misdemeanor and shall be punishable for each offense by

fine not exceeding twenty-five dollars, or imprisonment not exceeding

thirty days, or both, at the discretion of the court having jurisdiction.

Sec. 6. Inspectors to be from parishes shipping oysters.—That there

shall be an oyster inspector selected and appointed by the gov- ernor from each parish sliipping oysters under the provisions of

this act, whose duties and functions shall be to inspect and measure

every sack and barrel of oysters arriving at the different ports or

cities mentioned in section 1 of this act, at the same time and place

as the inspection might be made by the inspector of weights and

measures, or other officer exercising similar functions, mentioned in

section 2 of this act: Provided, There shall be only one inspection

and measurement of oysters made by each oyster inspector provided

for in this section.

Sec. 7. Fee and certificate of inspector.—That the said oyster in- spector, mentioned in section 6 of this act, shall be entitled to collect from the buyer, importer or consignee of said oysters, one-fourth of one cent for each basket inspected and unloaded, payable immediately by the said buyer, importer or consignee of said oysters for the

account and at the expense of the consignor or shipper of said

oysters : Provided, That the oyster inspector herein mentioned shall sign all certificates of inspection and measurement referred to in

section 3 of this act, together with the inspector of weights and

measures, or other [officer] exercising his functions, and no such

certificate shall be valid or of any effect unless signed by both said
LOUISIANA 309

inspectors, nor shall any claim for shortage of measure be allowed

any consignee, buyer or importer of said oysters, unless he shall have

first secured this certificate of inspection and measurement.

Sec. 8. Disputes to be arbitrated.—That in the event the two in- spectors provided for in this act fail to agree in their inspection

and measurement of oysters, as provided for in this act, either or both shall immediately call in as arbitrator the presiding officer of

the board, or commission, exercising control over the oyster industry, and, in his absence, any member of said board or commission,

and, in the absence of the latter, any inspector of said board or commission, whose award shall be final and who shall make out and

sign the certificate of inspection and measurement herein referred to.

Stats., 1920, Vol. 1, p. 18.

Sec. 1 (1916). Establishing standards and grades of fresh farm products and providing funds for that purpose.—^That the commissioner of

agriculture and immigration may at the request of any grower or shipper or association of growers or shippers, as far as practicable,

establish and promulgate standards of grades and other classifica- tions of fresh farm products by which their quantity, quality, or

value may be determined, and further prescribe and promulgate

rules and regulations covering the mark, brand or labels which may

be used upon receptacles of fresh farm products for the purpose of

showing the name and address of the producer or packer, the quantity, quality and nature of the products.

Provided^ further^ That at the request and expense of any grower

or shipper, or association of growers or shippers of farm produce,

that the commissioner of agriculture and immigration may provide an inspector or inspectors to supervise the packing and loading of

fresh farm products according to the standards and classifications

established, and mark the receptacle in a manner to show such supervision has been provided.

Stats., 1920, Vol. 2, p, 920.

Sec. 1°. Barrels; contents, brands, etc.—AU barrels shall be made of

good seasoned oak, or ash, free from every defect; and every barrel

shall contain two hundred pounds of beef or pork, the barrel not to measure more than eighteen inches across the head and twentyeight long, to be hooped with at least twelve good, substantial hoops

the barrel to be branded on the bilge with at least the initials of the

cooper's name and weight which is contained in each barrel, and

also to be plainly branded with the first letters of the Christian name

and the surname at full length of the inspector.

Stats., 1920, Vol. 2, p. 926.

Sec. 1 (1910). Meters to be furnished consumers.—That every person,

firm, association or corporation now engaged or hereafter engaging

in the business of furnishing natural or artificial gas for heating,

illuminating or other purposes, electricity for illuminating or for

power or other purposes, water for domestic use or power or other

purposes, and paid for by patrons by meter measure, shall furnish

to each and every patron a meter properly tested and in good order,

and shall arrange such meters so that the patron can, at any time,

see the meter dial and ascertain how much gas, electricity or water
310 LAWS CONCEENING WEIGHTS AND MEASUKES

is being consumed, and for what amount such patron is liable

therefor.

Sec. 2. Maximum charge for commodity.—That it shall be unlawful

for any person, firm, association or corporation engaged in furnishing gas, water or electricity to consumers, to be paid for by meter

measure, to charge or receive, from any patron or consumer, pay for more gas, electricity or water than the meter furnished by such

person, firm, association or corporation shall indicate has been used

by such consumer at the time to which payment is made and re- ceived, provided the minimum charge contracted for with the municipalities shall not be affected.

Sec. 3. Furnishing deceptive meters, etc.—That it shall be unlawful,

for any person, firm, association or corporation who knowingly constructs or uses or furnishes to consumers of gas, electricity or water,

to be used, any false meter or any false system for measuring and

registering the quantity of gas, electricity or water consumed by

any person who is connected with the service of said gas, electric or water company.

Sec. 5. Penalty for violation.—That any person, firm, association or corporation violating any of the provisions of this act shall be

deemed guilty of a misdemeanor and upon conviction thereof shall

be fined not less than twenty-five dollars and not more than two

hundred dollars for each offense.

Sec. 6. Authority of municipalities.—That the several municipalities

of this State are given the power and authority to appoint inspectors

to carry out the intent and purposes of this act, and further granting and giving to the several municipalities of this State the power

and authority to pass ordinances providing for the inspection of gas, water, electric light and power meters, and fixing the expense of same.

Stats., 1920, Vol. 3, p. 2210.

Sec. 1 (1918). " Seribner-Doyle " rule or scale adopted.—That what is known as the " Scribner-Doyle " rule or scale shall be the standard

rule for the measurement of saw-logs in this State.

Sec. 2. Penalty for violation.—That any person, firm or corporation

who shall compute the measurement of saw-logs, sawn, delivered

or bought by any other rule or scale than the above in making set- tlement with employee, contractor or seller, shall be deemed guilty

of a misdemeanor, subject to indictment by presentment by grand

jury or by bill of information, and on conviction on bill of information or indictment before any court of competent jurisdiction,

shall be fined in the sum of not less than one hundred dollars ($100) nor more than five hundred dollars ($600), or be imprisoned not

less than sixty days nor more than twelve months at the discretion

of the court.

Stats., 1920, Vol. 1, p. 24.

Sec. 4 (1916). Tags or labels to be affixed to all lots or parcels of feeding stuffs containing ingredients.—That every lot or parcel of

commercial feeding stuffs sold, offered or exposed for sale or dis- tributed within this State shall have affixed thereto a tag or label,

in a conspicuous place on the outside thereof containing a legible

and plainly printed statement in the English language clearly and

truly certifying:
LOUISIANA 311

(a) TEe net weight of the contents of the package, lot or parcel;

(b) The name, brand or trade-mark;

(c) The name and principal address of the manufacturer or person responsible for j)lacing the commodity on the market ; * * *

Stats., 1920, Vol. 1, p. 29.

Sec. 2 (1916). Fertilizers; labels must show contents, etc.—^That all corporations or persons, before selling or offering for sale any commercial fertilizer for use within this State, shall brand or attach to each bag, barrel or package a plainly printed statement, showing the

brand or name of said fertilizer, the net weight of the contents of

the package, the name and address of the corporation, firm or person

registering said fertilizer * *

*

Sec. 17. Standards of weight of bags, etc.—That all fertilizers or

fertilizing materials sold or offered for sale for use within this State,

shall be in bags or packages of one himdred pounds net, or of two

hundred pounds net weight, except tankage, dried blood and bone

meal, which may be shipped in one hundred and sixty-seven pound

bags or packages, and except, further, that imported fertilizer in

original bags, barrels or other containers of weights other than one hundred and two hundred pounds, shall be marketed in the original

containers, if the proper taggage fees are paid, and the product is otherwise subject to all the provisions of this act, and as provided

in section 15. The weight of fertilizer shall be ascertained by inspectors before drawing the sample.

Acts, 1920, Act 200, p. 331.

Sec. 1. Providing for licensing of persons testing milk or cream by the

Babcock method.—That any person testing milk or cream by the

Babcock method where the result of such test is used as a basis for

payment, or for public record, or for record in any of the national

breed associations, shall first obtain from the director of the State

experimental station a license to do such testing. Such license shall

be granted upon satisfactory evidence of good moral character and

the ability to make such tests based upon satisfactorily passing an

examination set by the director of the State experimental station

and upon the j^ayment of a license fee of two dollars and forty cents

($2.40). Licenses granted under this section shall be revocable by

the director of the State experimental station upon evidence of

dishonesty, incompetency or inaccuracy. Any license so issued

shall be valid until the next succeeding January 1st, and no license

shall be issued for less than a year, except in the case of a person

requesting a license after January 1st of any year, in which case a fee

of twenty cents (20c.) for each month or fractional part thereof

until the next succeeding January 1st. and such license shall be paid

for in advance. Licenses shall be renewed at the discretion of the

director of the State experimental station without further examination, upon the payment by the applicant of a license fee of two

dollars and forty cents ($2.40).

Sec. 2. Bottles, pipettes or measuring glasses to be tested for accuracy

of measurement at Louisiana Agricultural Experiment Station.—That all bottles, pipettes or measuring glasses used by a person in determining

by the Babcock method the value of milk or cream, where the result

of such test is used as a basis for payment or for public record, or
312 LAWS CONCEENING WEIGHTS AND MEASUBES

for record in any of the national breed associations shall, before

such use, be tested for accuracy of measurement and for accuracy

of the per cent scale Inarket thereon, at the Louisiana Agricultural

Experiment Station. Such bottles, pipettes or measuring glasses

as are correct shall be marked in permanent marks or characters,

which shall be proof that they were so tested; but in correct [incorrect] bottles, pipettes or measuring glasses shall be destroyed.

The person owning such bottles, pipettes or glasses shall pay the

actual expense of testing the a'ccuracy of same. Such mark or

character as the Louisiana State Experiment Station shall select as its official mark for tested bottles, pipettes or glassware shall be

used only by the Louisiana Agricultural Experiment Station and

its use by any other person or persons is strictly prohibited.
MAINE

Rev. Stats., 1916, ch. 48, p. 737.

Sec. 1 (al913). Commissioner of agriculture shall be sealer of weights

and measures; standard weights and measures of the United States shall be standards in this State.—The commissioner of agriculture shall be

the State sealer of weights and measures. The standard weights and measures furnished by the Government

of the United States in accordance with the joint resolution of Congress approved June fourteenth, eighteen hundred and thirty-six,

and any additions thereto and reneAvals thereof certified to by the

United States Bureau of Standards, and weights, measures, balances

and apparatus added by the State sealer of weights and measures and verified by the United States Bureau of Standards, shall be the

standards of weights and measures through this State.

Sec. 2. Standards shall be kept at the statehouse ; State standards shall be kept in good order; shall compare standards in cities and towns once

in five years.—The standards adopted by the State shall be kept at the statehouse under the supervision of the State sealer and shall not

be removed or used except for the adjustment of a set of working

standards that are copies of the original standards or for scientific purposes or to be verified by the National Bureau of Standards. The

State sealer shall maintain the State standards in good order and

shall submit them^ at least once in ten years to the National Bureau

of Standards for certification. He shall at least once in five years

cause the standards of the several cities and towns to be compared

and corrected to conform with the State standards.

Sec. 3. Shall establish tolerances in this State; other powers and

duties.—The State sealer of weights and measures shall after consultation with, and with the advice of, the National Bureau of Standards, establish tolerances for use in this State, and said tolerances

shall be the legal tolerances of the State. He shall have general su- pervision of the weights and measures, and weighing and measuring

devices of the cities and towns of the State, and cause the enforcement of all laws pertaining to weights and measures in use in the

State and may appoint such agents as he desires to assist in the

enforcement.

Sec. 4, as amended by Laws, 1919, ch. 6, p. 6. State sealer shall enforce

provisions of law.—He shall enforce the provisions of law requiring

municipal officers to procure and maintain standards of weights and

measures, and the appointing of a sealer of weights and measures. He may appoint a deputy who shall have the authority conferred by

the two following sections, and may appoint inspectors with authority to perform any part or all of the duties provided in sections

five and six. Sec. 5 (al913). State sealer shall visit cities and towns to inspect

work of local sealers.—He or his duly appointed deputy shall visit 313
314 LAWS CONCEENING WEIGHTS AND MEASXJBES

the various cities and towns in the State in order to inspect the work

of the local sealers, and may at all times inspect and test the weights, measures and balances of any person, firm, association or corporation

used, or to be used, in purchasing from or selling to the public any

goods, wares, merchandise or other commodities ; if any such weights, measures or balances are found to be inaccurate or defective, he shall forthwith cause the same to be corrected or condemned.

Sec. 6. May test commodities offered for sale for correct weight.—He

or his duly appointed deputy may, at irregular intervals, examine

commodities sold or offered for sale and test them for correct weight, measure or count, and bring complaint for violations of sections eight

to twenty-five, both inclusive, of this chapter. He, or his duly appointed deputy may for the purpose stated above, and in the general

performance of his or their official duties, have access without formal

warrant to any stand, place, building or premises, or may stop any

vendor, peddler, junk dealer, coal wagon, ice wagon, or any person

for the purpose of making the proper tests. Sec. 7 (1911). Record and report.—He shall keep a record in

detail of the work of his office and shall annually, on or before the

first day of December, make a written report of the work and the ex- penses of his office to the governor and council.

Laws, 1917, eh. 33, p. 27. Powers of local sealers of weights and measures increased.—That all local sealers of weights and measures and their deputy sealers in

cities and towns shall have the same power that is given the State

sealer of weights and measures and deputy State sealer by section

six of chapter forty-eight of the Revised Statutes. Revised Stats., 1916, cli. 48, p. 737.

Sec. 8, as amended by laws, 1917, oh. 61, p. 48. Municipal officers to

elect for indefinite term ; removable only for neglect ; State sealer to have

jurisdiction.—The municipal officers of each town shall elect a sealer

of weights and measures, also a deputy sealer if necessary, not necessarily a resident therein, and said sealer and deputy shall hold office during their efficiency and the faithful performance of their duties

and shall be removed by said officers only for neglect of duty. The

State sealer of weights and measures shall have jurisdiction over

said sealer or deputy sealer, and any vacancy caused by death or

resignation shall be filled by election by said municipal officers within

thirty days ; for each month that said municipal officers neglect their

duty they severally shall forfeit ten dollars. Within ten days after

each such election the clerk of each city or town shall communicate

the name of the person so elected to the State sealer of weights and

measures, and for neglect of this duty shall forfeit ten dollars. Such

sealer of weights and measures in any town may be sealer for several

towns if such is the pleasure of the municipal officers therein, provided such action received the approval of the State sealer of weights

and measures.

Sec. 9 (al913). Treasurers of each town shall keep town standards.

The treasurers of each town, at the expense thereof, or jointly with

the treasurers of adjacent towns, shall constantly keep as town

standards a set of beams and weights and measures subject to the

approval of the State sealer and conformable to the State standards.
MAINE 315

Said treasurers shall cause all beams and weights and Ineasures belonging to their towns to be proved and sealed by the State standards once in five years, beginning the first day of January, nineteen

hundred thirteen, and for every neglect of said duty they forfeit one hundred dollars.

Sec. 10. Cities may own scales; appoint weighers and deputy sealers.

Any city may purchase and keep for use scales for weighing hay

and other articles, appoint weighers and fix their fees, to be paid

by the purchaser. The municipal officers of cities and towns may

appoint a deputy sealer of weights and measures to hold office during their pleasure and fix his compensation. Such deputy shall act under the direction of the sealer of weights and measures in the

municipality, and shall have the same authority as the sealer in the

performance of his duties.

Sec. 11. City and town sealers shall keep records of weights and

measures sealed, etc. ; shall make annual report.—The several city and

town sealers and other persons authorized to inspect weights and

measures shall keep records of all weights and measures, balances

and measuring devices inspected, sealed or condemned by them, giving the name of the owner or agent, the place of business, the date

of inspection and kind of apparatus so inspected, sealed or con- demned. He shall make an annual report, duly sworn to, on or before the first day of November of each year, to the State sealer,

giving in addition to the above an inventory of the standards and

apparatus in his possession, and such other information as he may

deeln important, or as the State sealer may require.

Sec. 12 (al915). Duty of sealer to receive and receipt for standards;

penalty for neglect.—The person appointed as provided in section

eight, shall receive the standards and seal from the treasurer, giving

a receipt therefor, describing them and their condition, and therein

engaging to re-deliver them at the expiration of his office in like

good order; and he shall be accountable for their due preservation

while in his possession. For every neglect of any duty prescribed by

this chapter he shall forfeit ten dollars.

Sec. 13 (1899). Sealers shall give notice of times and places for seal- ing; weights and measures.—The sealers of weights and measui-es in

the several cities and towns shall annually give public notice by

advertisement, or by posting in one or more public places in their

respective cities and towns notices to all inhabitants or persons having usual places of business therein and who use weights, measures or balances for the purpose of selling any goods, wares, merchandise or other commodities or for public weighing to bring in their weights, measures and balances to be adjusted and sealed. Such sealers shall

attend in one or more convenient places and shall adjust, seal and

record all weights, measures and balances so brought in. Sec. 14. Sealers shall visit persons who neglect to comply.—^After giving said notice the said sealers shall go to the houses, stores and

shops of persons who neglect to comply therewith, and having en- tered the same with the assent of the occupants thereof, shall adjust

and seal their weights, measures and balances.

Sec. 15. Shall visit once a year all having scales and test same.—Said

sealers shall go once a year and oftener if necessary, to every hay

and coal scale, to every platform balance within their respective
316 LAWS CONCEENING WEIGHTS AND MEASTJBES

cities and towns that can not be easily or conveniently removed, and

shall test the accuracy of and adjust and seal the same.

Sec. 16. All scales, weights, and measures may be tested any time.—^All persons using any scales, weights or measures for the purpose of

buying or selling any commodity, may, when they desire it, have the same tested and sealed by the sealers of weights and measures at the

office of any of said sealers.

Sec. 17. If sealer can not seal any weights, etc., he may mark to show

inspection ; use of weights, etc., that can not be adjusted by sealers, for- bidden.—In case a sealer of weights and measures can not seal any

weights, measures and balances in the manner before provided, he

may mark them with a stencil, or by other suitable means so as to show that they have been inspected; but he shall in no case seal or mark as correct any weights, measures or balances which do not con- form to the standards. If such weights, measures or balances can be

readily adjusted by such means as he has at hand, he may adjust and

seal them; but if they cannot be readily adjusted, he shall affix to such weights, measures or balances a notice, forbidding their use

until he is satisfied that they have been so adjusted as to conform to the standards; and whoever removes said notice without consent of

the officer affixing the same, shall for each offense forfeit a sum not

less than ten dollars and not exceeding fifty dollars.

Sec. 18. Sealer shall be furnished with appliances for testing weights,

etc., by towns and cities.—A sealer when visiting the place of business

of any person for the purpose of testing any weights, measures or

balances, may use for that purpose such weights, measures or bal- ances as he can conveniently carry with him, and each city and town

shall furnish its sealer with one or more duplicate sets of weights, measures and balances, which shall at all times be kept to conform

to the standards furnished by the State, and all weights, measures and balances so sealed shall be deemed to be legally sealed the same as

if tested and sealed with the standard weights, measures and balances.

Sec. 19. False weights and measures may be seized.—A sealer of

weights and measures may seize without a warrant such weights, measures or balances as may be necessary to be used as evidence in

cases of violation of the law i-elating to the sealing of weights and

measures, such weights, measures or balances to be returned to the owners, or forfeited as the court may direct.

Sec. 20. Proceedings, when complaint is made, that incorrect weight,

etc., are being used; penalty for using weight, etc., after refusal of per- mission to test.—^When a complaint is made to a sealer of weights

and measures by any person that he has reasonable cause to believe or when such sealer himself has reasonable cause to believe that a

weight, measure or balance used in the sale of any commodity within

his city or town is incorrect, the said sealer shall go to the place

where such weight, measure or balance is and shall test the same, and

mark it according to the result of the test applied thereto; and if the same is incorrect and can not be adjusted, the said sealer shall

attach a notice thereto, certifying that fact, and forbidding the

use thereof until it has been made to conform to the authorized

standard. Any person using a weight, measure or balance after a

sealer has demanded permission to test tlae same, and has been refused

such permission shall be liable to a penalty of not less than ten, nor more than one hundred doUars.
MAINE 317

Sec. 21. How incorrect weights, etc., shall be stamped.—All weights, measures and balances that cannot be made to conform to the standard shall be stamped "Condemned" or "CD" by the sealer, and no person shall thereafter use the same imder the penalties provided

in the case of the use of false weights and measures.

Sec. 22. Scales shall be sealed before sale or use.—Before any weights, measures, scales, steelyards, beams or balances are used, they shall be

sealed by a public sealer of weights and measures.

Sec. 23. Quarter, hundredweight, ton, decimal hundred.—Such articles as are sold or exchanged in any market or town in the State by gross or avoirdupois weight, shall be sold or exchanged as follows : twentylive avoirdupois pounds constitute one quarter; four quarters, one hundred; and twenty hundreds, one ton; and all other articles,

usually sold by tale, shall be sold by decimal hundred.

Sec. 24, as amended by Laws, 1917, ch. 207, p. 205. Powers of sealer and deputy. Whoever by himself, or by his servant, or as the agent

or servant of another, shall use or retain in his possession any false

scales, weight or measure or weighing or measuring device in the

buying or selling of any commodity or thing, or whoever after a weight, measure, scale, balance or beam has been adjusted and sealed, shall alter it so that it does not conform to the public standard and

shall fraudulently make use of it, or whoever shall dispose of any

condemned scales, weight, measure, or weighing or measuring device, contrary to law, or remove any tag, stamp or mark placed

thereon by the sealer ; or whoever by himself, or by his agent or servant, or as agent or servant of another, shall sell, offer or expose for

sale less than the quantity he represents, or whoever by himself, or by his agent or servant, or as the agent or servant of another, shall

sell, offer for sale, or have in his possession for the purpose of sell- ing, any false scales, weight or measures, or any device or instrument to be used or calculated to falsify any weight or measure,

shall be guilty of a misdemeanor and shall for the first offense be

punished by a fine of not more than fifty dollars; for the second

offense by a fine of not less than twenty, nor more than two hundred

dollars, and for any subsequent offense by a fine of fifty dollars

and by imprisonment for not less than thirt}', nor more than ninety

days. The possession or use by any person of any false weight, measure or other apparatus for determining the quantity of any

commodity or article of merchandise is presumptive evidence of

knowledge by such person of the falsity of such weight, measure or other apparatus. Every sealer of weights and measures who has

reasonable cause to believe that a weight, measure, scale, balance or beam has been altered since it was last adjusted and sealed shall enter the premises in which it is kept or used and shall examine the same. A sealer, or his duly appointed deputy may examine commodities sold or offered for sale and test them for correct weight, measure or count, and bring complaint for violations of sections

eight to twenty-five, both inclusive, of this chapter. He, or his

duly appointed deputy may, for the purpose stated above, and in

the general performance of his or their official duties, have access without formal warrant to any stand, place, building or premises,

or to any sales slip, record of sale, or weight slip, or may stop any

vendor, peddler, junk dealer, coal wagon, ice wagon, or any person
318 LAWS CONCEKNIKG WEIGHTS AND MEASURES

for the purpose of making the proper tests. Any person refusing to exhibit any sales slip, record of sale, or weight slip in his possession, or to allow proper tests for correct weight, measure or count, or re- fusing to proceed to a proper and convenient place for the making

of any such test, shall be punished by a fine not exceeding ten

dollars.

Sec. 25 (1899). Penalty for using weights, etc., which have not been

sealed,—Whoever sells by any other weights, measures, scales, beams

or balances than those which have been sealed as before provided,

shall forfeit a sum not exceeding twenty dollars for each offense,

and when by the custom of trade such weights, measures, scales,

beams or balances are provided by the buyer, he shall, if he purchases by any other, be subject to a like penalty to be recovered

by an action of tort to the use of the complainant.

Sec. 26 (al913). Jurisdiction of courts.—Municipal and police courts and trial justices shall have original jurisdiction, concurrent with the supreme judicial court and superior courts, of prosecutions for ail offenses against the laws pertaining to weights and

measures.

Sec. 27 (1899). Sealer may be paid salary and fees paid into treas- ury.—The city council of a city may by ordinance, and a town may

by by-law, provide that the sealer of weights and measures for

their city or town shall be paid by a salary, and that he shall

account for and pay into the treasury of the city or town the fees received by him hj virtue of his office; and where such salary is paid no fees shall be cliarged for services rendered under section

thirteen.

Sec. 28. Appointments and fees of measures ; size of hogshead.—The

municipal officers of towns annually may appoint measurers of

salt, corn and grain therein, who shall receive such fees from the

purchaser as said officers establish; and, in every contract made in

the State for the sale of salt by the hogshead, such hogshead shall consist of eight bushels; and, when the buyer or seller requests, salt, corn or grain bought or sold in places where such measures live shall be measured by them.

Sec. 29 (al915). Weights per bushel; weight of barrel of flour and

potatoes.—Standard weights per bushel of commodities are as follows : ^

Pounds Potatoes 60 Apples 44

Apples, dried 25 Wheat 60 Corn or rye 56 Cracked corn, feed, or meal of any

kind except oatmeal 50

Barley or buckwheat 48

Carrots or English turnips 50

Onions 52 Rutabaga, sugar beets, mengelwurzel, turnips, and other beets. 60

Parsnips 45 Beans 60 Lima beans 56

Pounds

Shell beans 28

Soy beans 58

Scarlet or white runner pole beans. 50

String beans 24 Windsor (broad) beans 47

Beet greens, dandelions, kale, or spinach 12

Parsley 8 Peas 60

Unshelled green peas 28

Wrinkled peas 56 Rough rice 44

Oats 32 Green peanuts 22 Roasted peanuts 20

1 For convenience of reference a change

necessitated slight changes in the wording. has been made in the arrangement which
MAINE 319

Pounds Turk's Island or other coarse grades of salt 70

Liverpool or other fine grades of

salt 60 Lime 70

Hair used in masonry, well dried and cleaned 11

Strawberries, raspberries, or blackberries 40

Pounds

Blueberries 42

Currants 40

Cranberries 32

Peaches 48

Pears 58 Dried peaches 33 Sweet potatoes 54

Quinces 48 Tomatoes 56

Pounds Sorghum 50 Timothy 45 MiUet 50 Japanese miUet 35 Bran 20

Sea-island cotton 44 Upland cotton 30

All to be in good order and fit for shipping or for market; the measure of each of these articles shall be determined as aforesaid at the request of the vendor or vendee ; and if either party refuses so to do he forfeits twenty cents for each bushel, to the person prosecuting

therefor within thirty days.

The standard weights per bushel of various seeds, when well

cleaned and in good condition are as follows

Pounds Herd's grass 45

Clover 60

Alfalfa 60

Flaxseed 56 Hemp 44 Hungarian grass 48

Orchard grass 14 Redtop 14 The standard weight of a barrel of flour is one hundred and

ninety-six pounds ; of a barrel of potatoes ^ in good order and fit for

shipping is one hundred and sixty-five pounds ; of a barrel of sweet

potatoes in like condition, one hundred and fifty pounds.

Sec. 30 (1913). Sale of fruits, nuts, and vegetables, by measure,

regulated.—All fruits, nuts and vegetables, if sold by measure, shall

be sold by dry measure. United States standard, and shall be measured by level measure. Baskets or other receptacles holding one

quart or less which are to be used in the sale of strawberries, blackberries, cherries, currants, blueberries, huckleberries, raspberries or

gooseberries, shall be of the capacity of one quart, one pint or one- half pint, United States standard, dry measure. Whoever sells or

offers for sale or has in possession w'ith intent to sell, any of the

aforesaid fruits in any basket or other receptacle holding one quart

or less which does not conform to said standard, or conforming to said standard is not level measure, shall be punished by a fine of

ten dollars for each offense. Said baskets or other receptacles shall

not be required to be tested and sealed as provided by this chapter,

but any sealer or health officer may test the capacity" of any basket

or other receptacle in which any of the aforesaid fruit is sold or in- tended to be sold ; and if the same is foimd to contain less than the

standard measure, or if the quantity of such fruit is otherwise less than as herein provided, he shall seize the same and make complaint

against the vendor.

Sec. 31. Sale of ice by weight, when requested.—^A dealer in ice who

on request of the purchaser of ice refuses or neglects to weigh the same when delivered or gives false weight shall for each offense be

punished as provided in section twenty-four of this chapter. Who-

'See footnote, p. 20, relative to Federal standard barrel. 517—26 ^21
320 LAWS CONCERNING WEIGHTS AND MEASURES

ever, having charge of the delivery of ice from a wagon, not being a

dealer in ice, refuses on the request of the purchaser of ice to weigh

the same when it is delivered, or gives false weight, shall be punished

by a fine of not more than ten dollars.

Sec. 32°. County commissioners shall erect and maintain meridian line; record to be kept.—The county commissioners, at the expense of their

several counties, shall erect and forever maintain therein, at such

place or places remote from electrical disturbances as the public

convenience requires, a true meridian line to be perpetuated by stone

pillars with brass or copper points firmly fixed on the tops thereof,

indicating the true range of such meridian; and shall protect the same and provide a book of records to be kept by the clerk of courts, or by a person appointed by them nearer to such structure, and ac- cessible to all persons wishing to refer thereto.

Sec. 33. Care and custody.—Such structures shall be under the

care and custody of such clerks; and any surveyor residing in said

county or engaged in surveying therein, shall have free access thereto for the purpose of testing the variation of the magnetic needle.

Sec. 34, Surveyors shall annually verify compass; shall record

declination of needle, etc., and shall enter same in field note-book; penalty for neglect.—When such meridian lines have been established

and completed every land surveyor shall, at least annually, before

making any survey, test and verify his compass, or other instrument

using the magnetic needle, by the meridian line so established in

the county where his surveys are to be made, and shall enter the declination of such needle from the true meridian in the book mentioned in section thirty-two, together with the style and make of

such instrument and its number, if any, and the date and hour of observation, and subscribe his name thereto for future reference; and

shall insert corresponding entries as to date and declination, in his

field note-books, which field note-books shall also show dates at which

his surveys are made. Neglect or refusal to comply with this section

shall render such surveyor liable to a penalty of twenty-five dollars

for each neglect, to be recovered on complaint in the county where

any survey is made, half to the complainant and half to the county.

The provisions of this section shall not apply to such surveys as are made by angles from some fixed, permanent line, or by a solar instrument and independent of the magnetic needle.

Sec. 35. County commissioners shall erect and maintain standard of length; description thereof; their care and custody; duty of surveyors to verify tape or chain and record result; penalty for neglect.—The

county commissioners at the expense of the several counties shall also erect and forever maintain therein, at such place or places as the

public convenience may require, a standard of length of not less than

one hundred feet, with suitable subdivisions marked thereon. Such

standard may consist of stone monuments permanently fixed with

metal plates on the tops thereof, properly marked and protected; or of a steel bar of the necessary length properly marked and suitably

placed and protected. All such standards shall be made to correspond

with the standard of the United States Bureau of Weights and Measures^ and shall be provided with proper means for determining the

tension of tapes or chains during comparison. They shall be mider

the care and custody of the clerk of courts, who shall keep a suitable
MAINE 321

book for the record of comparisons, and they shall be accessible to any person for comparing any tape, chain, or other linear measure. Every surveyor shall before making surveys in this State, and at

least annually, compare his tape or chain used in such surveys with

the standard in the county in which he resides or in which surveys

are to be made ; and shall record the result in the book provided for

that purpose, giving description of such tape or chain, with the difference, if any, between the same and such standard, together with

the date and temperature and the tension on such tape or chain at the time of comparison. When such standard shall have been completed in any county, any surveyor residing or making surveys in

such county who shall neglect or refuse to comply with the terms of

this section, shall be liable to the penalties and disability set forth

in section thirty-four.

Sec. 36. Penalty for injuring meridian lines.—Whoever willfully dis- places, alters, defaces, breaks or otherwise injures any of the pillars or points, plates, enclosures, bars, locks, bolts, or any part of the

structure of any meridian line or standard of length shall forffeitj

not exceeding one hundred dollars, to be recovered by indictment,

half to the prosecutor and half to the county, and shall also be liable

in an action of debt for the amoimt necessarily expended in repairing damages caused by his act. See. 37. Governor to appoint commissioner to verify meridians.—AVhen

such meridian line or standard of length is established, repaired or

rebuilt in any county, the governor with the advice and consent of

the council shall appoint a competent commissioner, not necessarily a resident of this State, to inspect and verify the same. Such commissioner shall in case of a meridian line verify the same by astronomical observation, and in his report shall give an accurate description

of such structures, its latitude and longitude, and the declination of

the needle at the time ; and in case of a standard of length shall give

a description of the structure, its location and exact length as determined by comparison with some authentic standard from the United

States Bureau of Weights and Measures. All such reports shall be

full and accurate and be deposited in the office of the secretary of

state, and a certified copy shall be filed and recorded in the office of

the clerk of the courts in the county where such structure is situated.

Such commissioner shall receive from the State such just compensation as the governor and council shall allow.

Laws, 1919, ch. 159, p. 157.

Sec. 1. Scales and weighing devices not to be sold until standard

approved.—It shall be unlawful to sell, offer for sale or give away

any scale or other weighing or measuring device until a scale or measuring device of the same manufacture, type and kind shall

have been approved by the National Bureau of Standards in Washington, D. C, and imtil a certificate of said approval shall have been

filed with the State sealer of weights and taeasures in Augusta,

which certificate shall state the name and manufacturer of said scale or other measuring device, the place where manufactured and that

the same has been approved by said bureau of standards. This act shall not apply to liquid or standard dry measures.

Sec. 2. Penalty for violation.—^Whoever violates section one of this act shall upon conviction be punished by a fine of not less than
322 lAWS CONCERNING WEIGHTS AND MEASURES

twenty dollars nor more than fifty dollars for each offense. Miinicipal and police courts and trial justices shall have original jurisdiction concurrent with the supreme judicial court and superior court of prosecutions for all violations of this act. Eev. Stats., 1916, ch. 118, p. 1437.

Sec. 23 (al911). Fees for testing and adjusting.—^The fees of sealers of weights and measures, for testing and adjusting scales, weights

and measures by the town standard, to be paid by the persons for

whom the service is rendered, are as follows: For testing railroad

track scales of forty thousand pounds capacity and upwards, two

dollars; elevator scales of twenty thousand pounds capacity and

upwards, one dollar and fifty cents; platform scales of five thousand poimds capacity and upwards, one dollar ; dormant scales of less than five thousand pounds capacity, fifty cents ; dormant beef track

scales, fifty cents ; platform scales of less than five thousand poimds

capacity, fifty cents ; beam scales of over one thousand pounds capacity, fifty cents; platform scales of less than one thousand pounds

capacity, twenty-five cents; platform counter scales, twenty-five

cents ; counter balance or trip scales, ten cents ; spring balance scales,

fifteen cents ; weights, each three cents ; measures, wet and dry, each

three cents ; yard sticks, each five cents ; coal baskets, each ten cents

;

milk cans, large size, five cents each; milk cans, small size, three

cents each; milk bottles, in lots of one gross or less, one cent each,

in lots from one to two gross, three-fourths of a cent each, in lots of more than two gross and not over four gross, one-half cent each,

in lots greater than four gross, one-fourth of a cent each; for adjusting or repairing any scale, a fair and reasonable compensation;

for adjusting weights, when either light or heavy, not to exceed ten

cents each ; for adjusting measures, wet or dry, when either large or

small, not to exceed ten cents each ; for adjusting yard sticks, not to exceed five cents each; for adjusting any weight or measure not

mentioned above, a fair and reasonable compensation.

Rev. Stats., 1916, eh. 46, p. 730.

Sec. 1, as amended by Laws, 1919, ch. 74, p. 69. Dimensions of a

cord of wood.—All cord wood offered for sale shall be four feet long

including half the scarf, and well and closely laid together. A cord

of wood or bark shall measure eight feet in length, four feet in width

and four feet in height, or otherwise contain one hundred and

twenty-eight cubic feet; the measurer shall make due allowance for

refuse or defective wood and bad stowage. Any person or persons

exposing for sale as a cord of wood anything less shall be fined not

less than ten dollars nor more than fifty dollars for each offense. Cities and towns by ordinance may assign location for teams to

sell said cord wood and bark.

Sec. 2°. Penalty for selling wood or bark before survey.—If any fire- wood or bark, brought into any town by land, is sold and delivered,

unless otherwise agreed to by the purchaser, before it is measured

by a sworn measurer, and a ticket signed by him and given to the

driver, stating the quantity that the load contains, the name of the

driver, and the town in which he resides, such wood or bark is forfeited, and may be libeled and disposed of according to law.
MAINE 323

Sec. 3. How cordwood brouglit by water shall be measured.—All cordwood brought by water into any town for sale, shall be corded on

the wharf or land, on which it is landed in ranges making up in

height what is wanting in length; then it shall be so measured and

a ticket given to the purchaser, who shall pay the stated fees; and

no such wood shall be carried away by any wharfinger or carter,

before it has been so measured, under a penalty of one dollar for

every load.

Sec. 4. Ticket required, and penalty for not showing it.—^Persons,

carrying fire-wood from a wharf or landing for sale, shall be furnished by the owner or seller with a ticket stating the quantity, and

the name of the driver ; and if such fire-wood is carried away without such ticket, or any driver refuses to exhibit such ticket to any

sworn measurer on demand, or does not consent to have the same

measured, when in the opinion of the measurer the ticket certifies a greater quantity of wood than the load contains, such wood shaU

be forfeited, and may be seized and libeled by said measurer

according to law.

Sec. 5. Penalty for fraudulent stowage.—When any wood, bark or

charcoal, sold by the cord, foot or load, is so stowed as to prevent

the surveyors from examining the middle of the load, and it appears or delivery, that it was stowed with a fraudiilent intent of

obtaining payment for a greater quantity than there was in fact,

the seller or owner thereof forfeits ten dollars to the county.

Sec. 6. How charcoal may be measnred and sold.—Charcoal brought

into a town for sale, may be measured and sold by the cord or foot,

estimating the cord at ninety-six bushels, when the purchaser and

seller agree to the same; and the measurers before named shall be measurers of charcoal also.

See. 7. Charcoal baskets to be sealed; dimensions; penalty for using

smaller.—All baskets for measuring charcoal brought into a town

for sale, shall be sealed by the sealer of the town where the person

using them usually resides, and shall contain two bushels and be of

the following dimensions, viz: Nineteen inches in breadth in every

part, and seventeen inches and a half deep, measuring from the

top of the basket to the highest part of the bottom; and ia measuring charcoal for sale, the basket shall be well heaped. Whoever

measures charcoal for sale, in any basket of less dimensions, or

not sealed, forfeits, for each offense, five dollars.

Sec. 8. Seizure of unlawful baskets—^The municipal officers of

towns may appoint some suitable person to seize and secure all baskets used for measuring coal, not according to the provisions

hereof.

Sec. 9. Penalty for refusing to give certificate; how recovered and

appropriated.—Any measurer of wood, bark or charcoal, who neglects or refuses to give to the owner or purchaser a certificate of the

contents of a load, forfeits five dollars for each offense; and all the penalties hereinbefore provided, may be recovered by action of

debt or complaint, half to the town where the offense is committed,

and half to the prosecutor.

Sec. 10, as amended by Laws, 1921, ch. 77, p. 85. Sale of coal and

coke; ton; net weight to be marked on bags or packages; penalty.—

Anthracite, bituminous and all mineral coal or coke shall be sold by
324 LAWS CONCEBNING WEIGHTS AND MEASURES

weight and two thousand pounds shall constitute a ton. Coal or coke put up in bags or package form shall have marked on the bag

in a plain and conspicuous mamaer the net weight. For each violation of this act there shall be a fine of not less than twenty-five nor more than one hundred dollars.

Sec. 11, as amended by Laws, 1921, ch. 43, p. 48. Weighers of coal and coke; weighers may be elected; slips given cnstomers, what to show; penalty.—The municipal officers shall annually elect or appoint

weighers of coal and coke. Weighers must give slips either in writing or printing to every purchaser of coal when not in bags or packages showing the gross, tare and net weight for each and every

load so delivered. The slips so given must have stamped, printed

or written thereon the full name of the weigher. For each violation of this act there shaU be a fine of not less than ten nor more

than twenty dollars.

Sec. 12°. Coal unless sold by cargo, weighed, or suit not maintained.

Unless coal is sold by the cargo, the seller shall, on request of the

purchaser, cause it to be weighed by a sworn weigher, who shall

make a certificate of the weight ; and he shall deliver such certificate to the buyer before commencing a suit against him for the price

of such coal.

See. 13. Towns to elect surveyors of lumber.—Every town, at its annual meeting, shall elect one or more surveyors of boards, plank,

timber and joist; one or more surveyors of shingles, clapboards,

staves and hoops: and every town containing a port of delivery

whence staves and hoops are usually exported, shall also elect two or more viewers and cullers of staves and hoops; and the mimicipal

officers of a town may, if thej deem it necessary, appoint not

exceeding seven surveyors of logs.

Sec. 14. Lumber to be surveyed before delivery.—All boards, plank,

timber and joist, offered for sale, shall, before delivery, be surveyed

by a swoi'n surveyor thereof, and if he has doubts of the dimensions,

he shall measure the same, and mark the contents thereon, making

reasonable allowance for rots, knots and splits, drying and shrinking; pine boards three-fourths of an inch thick when fully seasoned,

and in that proportion Avhen partly seasoned, shall be considered

merchantable ; and no pine boards, except sheathing boards, shall

be shipped for exportation beyond the United States, but such as are square edged, and not less than seven-eighths of an inch thick, nor

less than ten feet long, under penalty of forfeiture to the town

whence shipped.

Sec. 15. Dimensions and quality of shingles.—All shingles, packed

for exportation bej^ond the State, shall be sixteen inches long, free

from shakes and worm-holes, and at least three-eighths of an inch

thick at the butt end when green, and if of pine, free from sap. They

shall be four inches wide on an average, not less than three inches

wide in any part, hold their width three- fourths of the way to the

thin end, well shaved or sawed, and be denominated " number one "; but shingles intended for sale within the State, if of inferior quality or of less dimensions, may be surveyed and classed accordingly,

under the denominations of " number two," and " number three."

Sec. 16. Manner of sawing and packing shingles; forfeiture.—All

shingles shall be split or sawed crosswise the grain ; each bundle shall contain two hundred and fifty shingles, and if in square bundles.
MAINE 325

twenty-five courses, and be twenty-two inches and a half at the lay

and when packed to be surveyed as " number one," or for exportation, if in any bundle there are five shingles deficient in the proper

dimensions, soundness or number, to make two hundred and fifty

merchantable shingles, or if any shingles are offered for sale, before

they are surveyed and measured by a sworn surveyor of some town

in the county where they were made, and the quality branded on the

hoop or band of the bundle, unless the parties otherwise agree, they

are forfeited to the town where the offense is committed.

Sec. 17. Dimensions and quality of clapboards.—All clapboards,

exposed for sale or packed for exportation, shall be made of good

sound timber, free from shakes and worm-holes, and if of pine, clear

of sap ; and they shall be at least five-eighths of an inch thick on the

back or thickest part, five inches wide, and four feet six inches long,

and straight and well shaved or sawed.

Sec. 18. Dimensions and quality of staves, and how enumerated.

Staves packed for sale or exportation shall be well and proportionably split, and of the following dimensions, viz

White oak butt staves, at least five feet in length, five inches wide,

and one inch and a quarter thick on the heart or thinnest edge, and

every part thereof;

White oak pipe staves, at least four feet and eight inches in length,

four inches broad in the narrowest part, and not less than three-quarters of an inch thick on the heart or thinnest edge

White or red oak hogshead staves, at least forty-two inches long,

and not less than half an inch thick on the least or thinnest edge

White or red oak barrel staves for a market out of the United

States, thirty-two inches long; if for use within the United States,

thirty inches long ; and in either case, half an inch thick on the heart

or thinnest edge;

All white or red oak hogshead or barrel staves, at least, one with

another, four inches in breadth, and no one less than three inches in

breadth in the narrowest part; those of the breadth last mentioned

shall be clear of sap ; and two staves shall be sold as one cast ; fifty

casts, one himdred staves; and ten hundred staves, one thousand.

Sec. 19. Dimensions and quality of hogshead hoops; how packed, and

forfeiture for deficiency.—All hogshead hoops, exposed for sale or packed for exportation, shall be from ten to thirteen feet in length,

and of oak, ash or walnut, and of good and sufficient substance, well

shaved ; if of oak or ash, at least one inch broad, and, if of walnut,

three-quarters of an inch at the smaller end; the different lengths

shall be made up in bundles by themselves ; each bundle shall contain

twenty-five hoops, four bundles shall make one hundred, and ten hundred hoops, one thousand ; and every bundle, packed for sale or ex- portation, found to be deficient in number or dimensions, is forfeited

to the town where it is exhibited.

Sec. 20. Manufactured lumber, not to be offered for sale until surveyed

and branded; penalty.—No person shall deliver on sale, or ship or attempt to ship for exportation, any boards, plank, timber, joists,

shingles, clapboards, staves or hoops, before they have been surveyed,

measured, viewed or culled, as the case may be, and branded by

the proper officer, and a certificate thereof given by him, specifying

the number, quality and quantity thereof, under a penalty of two
326 LAWS CONCERNING WEIGHTS AND MEASTTKES

dollars a thousand, by quantity or tale, as such article is usually

sold, half to the town where the offense is committed, and half to the prosecutor ; and in addition thereto, the master or owner of any

vessel, ex]Dorting any of the articles aforesaid beyond the limits

of the United States contrary to laAv, shall, for the first offense, forfeit two hundred dollars to the town whence said articles are ex- ported; and if after conviction he commits a second offense in the same vessel, he forfeits the same sum, and the vessel is also forfeited

to the town.

Sec. 23. Penalty, if surveyor or culler neglects duties or practices

fraud in his office.—If any person, duly elected a surveyor, measurer, viewer or culler of any of said articles under this chapter, and

duly qualified, unnecessarily refuses or neglects to attend to the

duties of his office when requested, he forefeits three dollars; and

if he connives at or willingly allows any breach of the provisions

hereof, or practices any other fraud or deceit in his official duties, he

forfeits thirty dollars to the use aforesaid.

Sec. 24, as amended by Laws, 1919, ch. 74, p. 60. Recovery of penalties.—All pecuniary penalties aforesaid may be recovered by action

of debt, indictment or complaint, and all other forfeitures, by a

libel filed by the treasurer or anj inhabitant of the town interested.

Where the violation of any of the provisions of this chapter is made

an offense with a fine attached, the municipal courts and trial justices shall have concurrent jurisdiction of such offenses with the superior

courts and supreme judicial courts.

Sec. 25°. Duty of surveyors of logs.—Surveyors of logs may inspect,

survey and measure all mill logs floated or brought to market or

offered for sale in their towns, and divide them into several classes,

corresponding to the different quality of boards and other sawed

lumber, which may be manufactured from them ; and they shall give

certificates under their hands of the quantity and quality thereof

to the person, at whose request they are surveyed.

Sec. 26 (1909). Unit of measure of logs and timber; how measured.

Unless the parties otherwise agree, in the scaling or measurement

of unmanufactured logs and timber the cubic foot shall be the unit

of measure, to be determined by mathematical calculation or by such

cubic rule as the parties may agree upon.

Sec. 27 (1915). Round timber shall be scaled.—Any person measuring round timber, the quantity of which is estimated by the thousand,

shall scale the same and mark upon each log surveyed by him the

contents thereof, unless otherwise agreed by the parties contracting.

Laws, 1919, ch. 124, p. 116. Weighers and measurers not to give certificate of weight or measure

until qualified; penalty.—It shall be unlawful for any weigher of

coal, hay, straw, junk or other articles offered to be weighed, or for

any measurer of wood, bark or charcoal to give a certificate of

weight or measure until said weigher or measurer shall have qualified by taking oath for the faithful performance of the duties of his

office. Whoever violates the provisions of this act shall be punished

by a fine of not less than ten dollars or more than twenty-five dollars

for each offense and trial justices and municipal courts shall have

concurrent jurisdiction with the supreme judicial court of all prosecutions for violations of this act.
MAINE 327

Rev. Stats., 1916, ch. 37, p. 648.

Sec. 14 (1909). Standard unit of measure for milk and cream.—All

milk and cream bought and sold by measure for consumption within

this State shall be bought and sold by wine measure, the standard

for which shall be two hundred and thirty-one cubic inches to the

gallon, and for subdivisions of the gallon, in the same proportion.

Sec. 15 (al911). All measures, cans, etc., shall be proved and plainly

marked.—All measures, cans or other vessels used in the purchase

or sale of milk or cream, except glass bottles and jars sealed in

accordance with the provisions of sections twenty and twenty-one,

shall be tried and proved by the standard mentioned in the preceding

section, by the sealer of weights and measures of the city or town in

which the person, firm or corporation purchasing or selling such

milk or cream resides or has a place of business. The sealer of

weights and measures shall, agreeably to such standard, plainly stamp

thereon the quantity which such measures, cans or other vessels hold, together with the year in which such measures, cans or other

vessels are sealed. Whoever, by himself, clerk, servant or agent,

sells by measure any milk or cream by any other than the measure

so tried, sealed and marked, shall forfeit for each offense the sum

of ten dollars. Any measure, can or other vessel used in the purchase

or sale of milk or cream, lawfully sealed, as aforesaid, in any city or town within the State shall be deemed to be lawfully sealed under

the provisions of this section.

Sec. 17 (1909). Penalty for mutilating cans and measures, or erasing names and marks from same.—Whoever by himself or by his servant

or agent, or as the servant or agent of any other person, firm or

corporation, having custody of a milk can, measure or other vessel used as a container for milk destined for sale, shall wantonly, wilfully or maliciously indent, bend or otherwise mutilate said can, measure or other vessel so that the same will not- contain eight quarts

and one pint, standard measure, as hereinbefore provided, or who

sliall wantonly, wilfully or maliciously erase, efface or otherwise

mutilate said can, measure or other vessel so that any names, figures or other marks placed thereon by a sealer of weights and measures

shall become illegible shall be punished by a fine not exceeding fifty dollars.

Sec. 20 (1913). Milk bottles shall be sealed; dealers in milk or cream

shall cause bottles to be sealed; sealed bottles shall not be legal measure

except for milk or cream.—Glass bottles and jars which are used for

the distribution of milk or cream to consumers and which hold, when

filled to a level with the bottom of the cap or stopple, not less than

thirty-two ounces or more than thirty-two ounces and six drams ; not

less than sixteen ounces or more than sixteen ounces and four drams

not less than eight ounces or more than eight ounces and two drams

for the quart, pint and one-half pint, respectively, shall be sealed as

full measure under the provisions of section thirteen of chapter

forty-eight, or by the manufacturer. All dealers in milk or cream who use glass bottles or jars for the distribution of milk or cream

to consumers, which have not been sealed by the manufacturer,

shall bring such bottles or jars to the office of their city or town

sealer to be sealed as aforesaid. If a bottle or jar has once been
328 LAWS CONCERNING WEIGHTS AND MEASURES

sealed by a sealer of weights and measures, or by the manufacturer, it shall not in any case be necessary to have it sealed again at any time

while it is used for the distribution of milk or cream to consumers. Glass bottles or jars sealed under the provisions of this section shall not be legal measures except for the distribution of milk or cream

to consumers.

Sec. 21 (al915). Marking of bottles and jars sealed by manufacturer;

bond of manufacturer.—Such bottles or jars as are sealed by the

manufacturer shall be marked with the name, initials or trade-mark

of the manufacturer, and designating number, which designating

number shall be different for each manufacturer and may be used in

identifying the bottles. The designating number and the words

"Maine seal" shaU be marked on the outside of the upper half of each

bottle. The designating number shall be furnished by the State

sealer of weights and measures upon application by the manufacturer, and upon filing by the manufacturer, with the treasurer of

State, of a bond payable to the State in the sum of one thousand

dollars, with sureties to be approved by the attorney general, con- ditioned upon his conforming to the requirements of this section. A

record of the bonds furnished, the designating numbers and to whom

furnished, shall be kept in the office of the State sealer of weights and

measures.

Sec. 22 (1913). Penalty for violation.—Any manufacturer who sells milk or cream bottles to be used in this State that do not comply as to

size and markings with the provisions of the two preceding sections,

.shall forfeit five hundred dollars, to be recovered by the attorney

general in an action upon the bonds of such manufacturer. Any

dealer who uses for the purpose of selling milk or cream, jars or

bottles purchased after the third day of Jul}^, nineteen hundred and

fifteen, that do not comply with the requirements of tliis section as

to markings and capacitj'^ shall be deemed guilty of using false or

insufficient measures.

Sec. 25 (1905). Milk shall be weighed and tested by the Babcock

test ; test shall be made by owners or operators of creamery ; upon petition

tests may be made by commissioner of agriculture ; proviso.—All milk or cream purchased by any persons, firm or corporation, for use in or to be resold by any creamery in this State, shall be weighed and shall be

tested by the Babcock test to ascertain the amount of butterfat per

pound therein contained; and the value of the cream or milk thus

purchased shall be determined by the amount of butterfat per pound

as thus ascertained. The test herein provided shall be made by the owners or operators of the creamery purchasing as aforesaid; but

upon petition in writing, sigTied by twenty-five per cent or more of

the patrons of any creamery and addressed to the commissioner of

agriculture, or upon petition in writing signed by the owner or operator of any creamery and addressed to said commissioner, one or more tests shall be made by, or under the direction of said commissioner, and the finding of said commissioner shall be conclusive upon

all parties therein concerned : Provided, however, that when the total

number of patrons of any one creamery exceeds one hundred then

the number of petitioners herein required by patrons need not ex- ceed thirty. All samples of cream treated by said test shall be

weighed and the standard unit for testing shall be eighteen grams.
MAINE 329

Sec. 26. Penalty.—Any person, firm or corporation, or the servant

or agent of any person, firm or corporation, wlio shall violate the pre- ceding section shall be punished by a fine not exceeding fifty dollars or by imprisonment not exceeding thirty days.

Sec. 28 (1915). Bottles and glasses used to measure milk or cream

shall be tested for accuracy, and marked.—All bottles, pipettes or other

measuring glasses used by any person, firm or corporation, or theii

agents or employees, at any creamery, butter factory, cheese factory,

condensed milk factory or elsewhere in this State, in determining by

the Babcock test or any other test, the value of milk or cream received

from different persons at such creameries or factories, shall be tested

before such use, for accuracy of measurement and for accuracy of

the per cent scale marked thereon. Such bottles, pipettes or measuring glasses shall bear in marks or characters ineffaceable the evidence

that such test has been made by the authority named in the following

section. No inaccurate bottles, pipettes or other glasses shall bear

such marks or characters.

Sec. 29. Buty of director of Maine Agricultural Experiment Station to

test and mark all bottles, etc.—The director of the Maine Agricultural

Experiment Station, or some competent person designated by him,

shall test the accuracy of all bottles, pipettes or other measuring

glasses used by persons, firms or corporations in the State buying

or pooling milk or cream, or apportioning butter or cheese, made

from the same, by the contents of butter-fat contained therein.

The said director, or the person designated by him, shall mark such

bottles, pipettes or other measuring glasses as are found correct, with

marks or characters which can not be erased, and which marks or

characters shall stand as proof that they have been so tested. The

said director shall receive for such service no more than the actual

cost incurred, which shall be paid by the persons or corporations for

whom it is done.

Sec. 30. Persons who manipulate test shall be certified by superintendent

of dairy school.—Any person, either for himself or in the employ

of any other person, firm or corporation, who manipulates the Babcock test or any other test, whether mechanical or chemical, for the

purpose of measuring the contents of butter-fat in milk or cream for

a basis of apportioning the value of such milk or cream, or of the

butter or cheese made from the same, shall secure a certificate from

the superintendent of the dairy school at the University of Maine

that he is competent and well qualified to perform such work. The

rules and regulations in the application for such certificate and in

the granting of the same shall be such as the superintendent of that

school may arrange, and the fee for issuing a certificate shall not

exceed one dollar, and shall be paid by the applicant.

Eev, Stats., 1916, ch. 60, p. 985.

Sec. 19 (1909). All meters furnished to consumers must be inspected

and sealed.—No corporation, municipality, district or person shall

furnish for use any gas, electric or water' meter in any city or town,

in which there shall be a duly appointed and qualified inspector of

meters, unless such meter shall have been first inspected, approved,

marked and sealed by such insipector. Every corporation, municipality or district or person furnishing gas, water or electric current

to consumers, shall provide and keep in and upon its premises a
330 LAWS CONCEENING WEIGHTS AND MEASURES

suitable and proper apparatus, to be approved and stamped by the

inspector of meters for such city or town, for testing and proving the

accuracy of all water, gas and electric meters, by which apparatus

every meter furnished to a consumer shall be tested.

Sec. 20, Inspectors of meters, appointment.—The municipal officers of cities and towns may annually appoint an inspector of

meters who shall serve for one year or until another is qualified in his stead, at such salary as the municipal officers shall determine. The said inspector shall have charge of the inspection of

all water, gas and electric meters furnished for use in the city or town.

Sec. 21. Duties.—He shall, upon application in writing as provided

in the following section, by any consumer of gas, water or electric current in said city or town, inspect, examine, prove, and ascertain

the accuracy of any gas, water or electric meter of which complaint

is made, and when the said meter shall be found, or made, to be

correct, the inspector shall stamp or mark such meter with some

suitable device, which device shall be recorded in the office of the

clerk of the city or town where he was appointed.

Sec. 22. Application for inspection; removal of faulty meter; expense

of inspection.—If any consumer, to whom a meter has been furnished, shall apply in writing to the city or town clerk for the inspection of sueh meter, and shall deposit with the clerk the fee fixed

by the municipal officers for said service, the inspector shall inspect

and test said meter and, if said meter ®n being so tested, shall be

found to be incorrect to the extent of four per cent, if an electric meter, or two per cent, if a gas or water meter, to the prejudice

of such consumer, the inspector shall order the corporation, district,

municipality or person furnishing said meter forthwith to remove

the same and to install in place thereof a meter which has been tested,

approved, marked and sealed by an inspector of meters; and the

inspector shall thereupon give a certificate to the consumer, showing

the result of said test; upon presenting said certificate to the city or town clerk the consumer shall receive the fee deposited with said

clerk; and in such case the corporation, district, municipality, or person shall bear the expense of such inspection and shall pay to the treasurer of the city or town the fee required of the consumer;

but such consumer shall not be entitled to recover back in whole or

in part from such corporation, municipality, district or person any sums paid for service prior to the filing of his application for in- spection. All fees collected by the city or town clerk or treasurer

shall be placed to the credit of the city or town to be used for municipal purposes. Rev. Stats., 1916, ch. 36, p. 634.

Sec. 4 (1911). Every package of commercial feeding stuff shall be

labelled, giving net weight, brand, or trade-mark.—Every lot or package of commercial feeding stuff, which is manufactured, sold, distributed, transported, offered or exposed for sale, distribution or trans- portation in the State by any person, shall have affixed in a con- spicuous place on the outside thereof, a plainly printed statement,

clearly and truly giving the number of net pounds in the package;

the name, brand or trade-mark under which the article is sold; the

name and principal address of the manufacturer or shipper;

* * *
MAINE 331

Sec. 6, as amended by Laws, 1919, ch. 126, p. 117. Every package of commercial fertilizer shall be labelled, giving net weight, name or trade- mark.—Every lot or package of commercial fertilizer, which is manufactured, sold, distributed, transported, offered or exposed for

sale, distribution or transportation in the State by any person shall

have affixed in a conspicuous place on the outside thereof a plainly

printed statement clearly and truly giving the number of net pounds

in the package; the name, brand or trade-mark under which the

fertilizer is sold; the name and principal address of the manufacturer or importer * * *. Sec. 7 (1913). Lime, marl or wood-ashes classed as a commercial

fertilizer.—Lime, marl or wood-ashes intended for fertilizing purposes, and without regard to the price at which it is sold or offered

for sale, shall be classed as a commercial fertilizer within the meaning of this chapter. All the requirements and penalties relative to commercial fertilizers named in this chapter shall apply to any and

every lot of Hme, marl or wood-ashes intended for fertilizing purposes. * *

*

Sec. 9 (19U). Every package of fungicide shall be labelled, giving

net weight, name or trade-mark.—Every lot or package of a fungicide

or an insecticide which is manufactured, sold, distributed, trans- ported, offered or exposed for sale, distribution or transportation in

the State by any person, shall have affixed in a conspicuous place on the outside thereof a plainly printed statement clearly and truly

stating the number of net pounds in the package, the name or trademark under which the article is sold, the name and address of the

manufacturer or shipper, * *

*

Sec. 14 (1913). Misbranding of food regulated; quantity of contents

to be shown.—For the purpose of this act an article of food in

package form if sold at a greater price than five cents, shall also be deemed to be misbranded if the quantity of the contents be not

plainly and conspicuously marked on the outside of the package in

terms of weight, measure, or numerical count: Provided^ however^

That reasonable variations shall be permitted, and tolerances shall be established by rules and regulations made in accordance with

section thirteen of this act : And further provided, That the penalties

of this act shall not be enforced on account of sale of food not

branded in terms of weight, measure, and numerical count, purchased prior to September third, nineteen hundred and fourteen.

Sec. 25. Standard barrel for apples defined; standard bushel box

defined; proviso.—The standard barrel* for apples shall contain seven thousand cubic inches : Provided, however, That a barrel of

the following dimensions when measured without distention of

parts: Length of stave, twenty-eight and one-half inches; diameter

of head, seventeen and one-eighth inches; distance between heads,

twenty-six inches; circumference of bulge not less than sixty-four

inches outside measurement, shall be a lawful barrel. The standard

bushel box for apples shall contain two thousand three hundred and

fifty cubic inches : Provided, however. That a box eighteen inches by

eleven and one-half inches by ten and one-half inches, inside measurement, without distention of parts, shall be a lawful bushel box.

' See p. 20 relative to the Federal standard barrel.
332 LAWS CONCEBNING WEIGHTS AND MEASUBES

Sec. 26 (1915). Marks upon barrels and boxes used in shipping

apples.—Manufacturers of standard barrels and boxes to be used in

shipping apples shall mark, in a conspicuous place, on each barrel

the words " Standard barrel " and on each box the words " Standard

box." Whoever fails to comply with this section shall be punished

by fine not exceeding one hundred dollars. Municipal and police

courts, and trial justices shall have original jurisdiction, concurrent

with the supreme judicial court and the superior courts, of prosecutions under this section.

Sec. 28, as amended by laws, 1923, ch. 94, p. 106, sec. 2. Size of package; name of owner, etc., to be on outside of package.—Every

closed package of apples, which is packed, sold, distributed, trans- ported, oifered or exposed for sale, distribution or transportation in

the State by any person shall have affixed in a conspicuous place on

the outside thereof a plainly printed statement clearly and truly

stating the size of the package in terms of standard bushel box or standard barrel, the name and address of the owner or shij^per of the

apples at the time of packing, the name of the variety, the class or grade of the apples contained therein, and the minimum size of the

fruit in the packages, and if the apples were grown in Maine, that

fact shall be plainly designated and the word apples must appear

in all instances.

Sec. 29 (1913). Misbranded or adulterated apples shall not be

packed.—No person shall within this State, pack, sell, distribute,

transport, olfer or expose for sale, distribution, or transportation,

apples which are adulterated or misbranded within the meanings of

sections thirty and thirty-one of this chapter.

Sec. 30. Term " adulterated " defined.—For the purpose of sections

twenty-five to thirty-four, both inclusive, of this chapter, apples

packed in a closed package shall be deemed to be adulterated if their measure, quality, grade or purity do not conform in each particular

to the claims made upon the affixed guaranty.

Rev. Stats., 1916, ch. 38, p. 658.

Sec. 15 (al897). Pressed hay, how to be marked; penalty; when per- son receiving hay not marked may defend action for price.—All hay

pressed and put up in bundles, except hay pressed by farmers and

retailed from their own barns, shall have the first letter of the

Christian name and the whole of the surname of the person putting

up the same, written, printed or stamped on bands or boards made

fast thereto, with the name of the State and the place where such

person lives. Whoever offers for sale or shipment any pressed hay

not marked as aforesaid, except hay pressed by farmers and retailed

from their own barns, forfeits one dollar for each bale so offered, to be recovered by complaint. No person who has received hay not

marked as provided in this section shall defend any action for the

price thereof upon that ground, unless he shall prove that, before

the delivery of said hay to him, he requested the person from whom

he bought the same to comply with the provisions of this section. Rev. Stats., 1916, ch. 45, p. 703.

Sec. 9 (1901). Duty of inspector as to inspection and packing of fish.

Every inspector who inspects any kind of fish that are split and

pickled for packing, shall see that they are, in the first instance, free
MAINE 333

from taint, rust or damage, and well struck with salt or pickle ; and

such of said fish as are in good order and of good quality, shall be

pickled in barrels, half barrels, quarter barrels and tenths of barrels or kits ; each barrel containing two hundred pounds, and so on in that

proportion; and the same shall be packed in good, clean coarse salt, sufficient for their preservation; and then each cask shall be headed

up and filled with clear, strong pickle, and shall be branded by the

inspector with the name and quality of the fish therein.

Sec. 11. Quality of casks and how made; dimensions.—All barrels and

casks used for packing piclded fish, shall be made of sound, wellseasoned white oak, white ash, spruce, pine, chestnut or poplar staves with heading of either of such kinds of wood, sound, well planed and

seasoned, and when of pine, free from sap, and the barrels hooped

with at least three strong hoops on each bilge, and three also on each

chime ; the barrel staves shall be twenty-eight inches in length, and

the heads not less than sixteen and one-half inches between the

chimes, and made in workmanlike manner, to hold pickle. The barrels shall contain from twenty-eight to thirty gallons each, and the

aliquot parts of a barrel in the same proportion.

Sec. 12. Pickled alewives and herring, how prepared and packed.

Every inspector who inspects pickled alewives or herring, or other

small fish, packed whole or round, shall see that they are struck with

salt or pickle, and then put in good casks of the size and material

aforesaid, packed closely therein, and well salted, and the casks

filled with fish and salt, putting no more salt with the fish than is necessary for their preservation; and the inspector shall brand or

stencil all such casks with the name of the inspected fish as aforesaid.

Sec. 49 (1913). Boxes for smoked herring.—No person, firm or cor- poration engaged in the State in buying, selling and packing of

smoked herring, shall sell or offer for sale smoked herring in boxes

of less than the following dimensions, viz : Two inches in depth, six

inches in width, inside measure, and twelve inches in length, outside measure. Whoever packs, sells or offers for sale, smoked herring in

boxes in violation of this section shall forfeit twenty-five cents for

each box so packed, sold or offered for sale ; but this section does not

apply to boxes of boneless herrina:.

Sec. 60 (al909). Size of clam-bait barrel; penalty.—In all contracts

relating to the sale of clam bait, fresh or salt, by the barrel, and

clam bait barrels, such barrel shall be twenty-five and one-fourth

inches long, and fifteen and one-half inches head diameter, outside measure. Whoever violates this provision shall be liable to a penalty

not exceeding fifty dollars for each offense. Laws, 1925, ch. 57, p. 40.

Sec. 1. Standard time defined.—^Within the State of Maine, the

standard time shall be based on the mean astronomical time of the

seventy-fifth degree of longitude west from Greenwich, known and

designated by the Federal statute as " United States standard eastern

time." It shall be unlawful for any town or other municipality to vote for, or otherwise establish, any other system of time.
MARYLAND

Ann. Code, 1924, Bagby, Vol. 2, Art. 97, p. 3032.

Sec. 1 (al914). State standards.—The standards for weights and

measures in this State, except as otherwise provided in this article,

shall be the same as the standards of weights and measures of the

United States.

Sec. 2. County inspector of standards, appointment of; duties.—The

county commissioners of each county, shall, on or before the first day of May in each year, appoint some person, or persons, as in- spector or inspectors of standards of weights and measures, who

shall safely keep and preserve the same, and, when required, deliver them to said county commissioners, or to such persons as they

may appoint to receive the same; and who shall perform the duties

as prescribed by this article in the territory for which they have

been appointed.

Sec. 3. Inspectors for Baltimore city, appointment of; duties of.—The

comptroller of Baltimore city shall appoint such number of in- spectors of standards of weights and measures as may be required

for said city, said appointment to be made in the way and manner

now, or that may hereafter be, adopted by the mayor and city

council of Baltimore under and by virtue of the powers conferred by

the charter of said city; and said inspectors shall safely keep and

preserve said standards of weights and measures in and for the city

of Baltimore, and, when required, deliver them to said comptroller,

or to such persons as he may appoint to receive the same ; and they

shall perform the several duties prescribed by this article in and

for the territory for which they have been appointed.

Sec. 4. Bond.—Each person so appointed for the several counties

and the city of Baltimore, before entering upon the duties of his

office, shall give bond to the county commissioners of the county for

which he is appointed or to the mayor and city council of Baltimore

city if appointed for said city, in the penal sum of five hundred

dollars, conditioned for the faithful discharge of all the duties

appertaining to his office. Sec. 5 (al916). All weights and measures to be inspected and

stamped annually; other provisions for Baltimore.—All weights and

measures used within this State in the vending of articles, shall be

inspected and stamped or branded by said inspectors, and when

adjusted shall be by said inspectors stamped or branded with letters "Md.S.," meaning thereby "Maryland Standard," together with the

figures that will indicate the year of inspection, in such manner and on such parts of said weights and measures as shall be most lasting

and effectual in preventing and detecting fraudulent practices or impositions in the use of such weights and measures; and the like

inspection shall be repeated once in every year, and the year of in- spection stamped or branded thereon: Provided^ That such inspec334
MARYLAND 335

tion and stamping or branding, as set out in this section, shall be

done in the city of Baltimore at such times and in the manner as is now, or may hereafter be provided by the mayor and city council of

said city. Such weights and measures so examined and stamped or branded as aforesaid, and no other, shall be used in this State in the

vending of such articles as are directed by law to be, or are usually

sold by weight or measure, firm or corporation or agent, employee or

officer of any person, firm or corporation ; and any person violating

any one of the provisions of this section shall be liable to indictment

in any court in this State having criminal jurisdiction, and upon

conviction thereof shall be fined not more than fifty dollars, in the

discretion of the court, for the first offense, and if convicted a second

time for a violation of this section, the person or persons so offending

shall be fined not more than one hundred dollars, and be imprisoned

for not more than thirty days, in the discretion of the court, and his,

her or their license, if any was issued for the business he, she or they

are engaged in, shall be declared null and void by the judge of said court ; and it shall not be lawful for such person or persons to obtain

another license for the period of twelve months from the time of such

conviction, nor shall a license be obtained by any other person or persons to carry on said business on the premises or elsewhere, if the

person, so as aforesaid convicted, has any interest whatever therein, or shall derive any profit whatever therefrom; and in case of being

convicted more than twice for a violation of this section, such person

or persons on each occasion shall be imprisoned for not more than

sixty days, and fined not more than double that imposed on such

person or persons on the last preceding conviction; and his, her or

their license, if any was issued, may be declared null and void by the

court, and no new license shall be issued to such person or persons for a period of two years from the time of such conviction, nor to any one

else to carry on said business wherein he or she is in anywise interested, as before provided for the second violation of the provisions

of this section.

Sec. 6 (al914). Inspections, when made; notice to be given.—The

inspectors of weights and measures for the several counties of the

State shall attend at the different markets, towns and villages, in

the county for which they shall respectively be appointed at least once in each year, and at the different public inspecting warehouses

in said counties at least twice in each year, on some certain days to be appointed by the county commissioners of which thirty days'

public notice sliall be given by advertisement inserted in some one or more newspapers in tlie counties in which there may be such paper

printed, and also by advertisement set up at some conspicuous place

in the said markets, warehouses, villages and towns, and shall inspect

and adjust all beams and scales, weights and measures, used or in- tended to be used in said county : Provided, That such inspection and

adjustment of all beams, scales, weights and measures in Baltimore

city shall be made at the times and in the manner as is now or may

hereafter be provided by the mayor and city council of said city. Sec. 7. Record to be kept and report of same made; small packages to be examined and certificate issued to manufacturer, when.—Each in- spector of weights and measures shall keep a record in book form,

517—26 22
336 LAWS CONCERNING WEIGHTS AND MEASUEES

in which he shall register the names of the persons whose beams and

scales, weights and measures he has adjusted, also the names of the

manufacturers or persons for whom sample packages have been

measured, together with the day of the month and 3"ear, and number

and description of the same so adjusted or measured, which he shall submit to the inspection of the coimty commissioners of the county

for which he is appointed, or the comptroller of Baltimore city if api3ointed for said city, once in each year or oftener if required. It

shall also be the duty of the inspector or inspectors of standards of

weights and measures to examine all sample packages submitted to them for measurement, and if the submitted package or packages

are fomid to be in conformity with the standard of measurements

as provided for by this article, the said inspector or inspectors are

to issue a certificate to the party or parties submitting the sample

package setting forth this fact, -which certificate is to be sufficient authority for the manufacturer of such packages to manufacture

and to sell the same.

Sec. 8. Refusal to have weights or measiires inspected; penalty.—If

any person, firm or corporation, or agent, employee, or officer, of

any person, firm or corporation shall refuse or neglect to have his,

her, their or its beams or scales, weights and measures inspected and

adjusted as directed in this article when required to do so by the

proper officer, he, she, they, or it, shall be fined five dollars for every

day during such delinquency.

Sec. 9 (al920). Family scales prokibited for commercial purposes;

penalty; not applicable, where.—It shall be unlawful for any person,

firm or corporation, or agent, employee or officer of any person, firm

or corporation to have in his, their or its possession for commercial purposes, any scale designated or commonly kno\Yn as family

scales. Any person, firm or corporation, or any agent, employee

or officer of any person, firm or corporation having in his, her, their or its possession for commercial purposes any such scale, shall on

conviction be subject to a fine of not less than twenty dollars nor more than fifty dollars for each oifense : Provided, That this shall not apply to anj' county" of which there is no inspector of weights

and measures or other similar official. Sec. 10 (alS14). Inspection and seizure of apparatiLs; how disposed

of.—If any inspector shall be informed or has reason to suspect that

any person, firm or corporation is using, or has in his, her, their or

its possession with fraudulent intention any false beams or scales, or weights, or measures, he shall examine the same, and if he finds

them, or any of them to be false he shall seize the same as a forfeiture, and adjust, and sell them at public auction; and shall annually return a statement of the money received therefor under oath

to the county commissioners of the count}^ for which he is appointed,

or the comptroller of Baltimore cit}', if appointed for said city. Sec. 11. Use of apparatus with broken, altered or condemned seal; penalty; proviso; not applicable to berry box or standard barrel.—If

any eight or measure which shall have been stamped or branded as required by provisions of this article, shall be broken, injured,

alteied. or changed, or condemned by any inspector, and shall be

found thereafter in the use of any person, firm or corporation, or agent, employee, or officer, of any person, firm, or corporation, within
MARYLAND 337

this State, such person, firm, or corporation, or agent, employee, or

officer of such person, firm or corporation, shall be fined twenty dollars i'or each and every offense : Provided, That this section shall not

apply to the standard quart berry box or basket, nor to the standard

barrel for the measurement in this State of green peas or beans in

the hull.

Sec. 12 (1920). Unlawful to dispose of any condemned weight oi measure; penalty.—It shall be unlawful for any person, firm or cor- poration, or for any agent, employee or officer of any person, firn or corx^oration to sell, destroy or dispose in any way of any scale weight or measure which has been condemned by an inspector o< weights and measures in the city of Baltimore without the knowl

edge and consent of said inspector, or to remove an}' tag placed op a scale, weight or measure by such inspector showing that it has

been condemned until such scale, weight or measure has been re- inspected and approved, and the said tag shall be placed in a con- spicuous place, and shall only be removed by one of the inspectors

of weights and measures. Any one violating the x^i'ovision of thi> section shall, upon conviction, be fined not less than twenty-five nor

juore than one Jiundred dollars for each and every offense.

Sec. 13 (al314). Compensation of inspectors.—Each inspector for

the several counties shall receive compensation for the discharge of

his duties as the county commissioners of the county for which he

is appointed shall think proper to allow, which shall be levied on

the assessable property of said county, and collected as other county

charges. And the inspectors appointed for Baltimore city shall receive cqmpensation for the discharge of their duties as is now, or may hereafter be, provided by the mayor and city council of said

city. . Sec. 14. Adjustment of apparatus by inspector; compensation therefor.—Whenever any inspector shall be applied to [to] adjust scales,

weights and measures by adding to or diminishing the same, or to adjust scales and beams he shall be allowed an additional reasonable

compensation therefor to be paid by the party so applying for his

services.

Sec. 15. Standard gallon and subdivisions; barrel; hogshead.—The

units or standards of measures of capacity for liquids designated

in this article shall be based on a liquid gallon, or two hundred

and thirty-one cubic inches; thirty-one and one-half gallons equaling one barrel, and two barrels one hogshead, continual divisions of

the gallon by two, equaling half-gallons, quarts, pints, half-pints

and gills. Sec. 16. Dry measure; standard bushel and subdivisions.—The units or standards of measures of capacity for dry measure designated m this article shall be based on a dry bushel of two thousand ooe hundred and fifty and four-tenths cubic inches; continual divisions

of the bushel by two, equaling half-bushels, pecks, half-pecks, quarter-pecKs, quarts, pints and half-pints.

Sec. 17. Standard basket.—The standard five-eighths (%) of a

bushel basket shall contain not less than thirteen hundred and fortvfour (],344) cubic inches. ^

Sec. 18. Standard measure for shipping and selling berries, nuts, and

small fruits.—The standard of measure for shipping and selling
338 LAWS CONCEENING WEIGHTS AND MEASUEES

strawberries, raspberries, blackberries, currants, gooseberries, cranberries, whortleberries, cherries, pliinis, peanuts, kernels of other

nuts, and all other berries and small fruits, grown and packed in this

State, or grown elsewhere and packed or repacked m this State, shall

be the quart containing sixty-seventh and two-tenths cubic inches,

continual division of the quart by two, equaling pints and halfpints.

Sec. 19 (al920). Standard berry boxes only permitted; penalty.—Any

person, firm or corporation, or agent, employee or officer or any

person, firm or corporation, having in his, her or its possession for

use for the packing or repacking of the berries, fruits, nuts and other

articles designated in the sixteenth section of this article, grown in

this State or elsewhere, a berry box or basket of less capacity than

that designated in section sixteen, shaU on conviction be fined not

less than twenty dollars nor more than fifty dollars for each of- fense; and the possession for use, or use of each such berry box or basket shall constitute a separate offense.

Sec. 20 (al914). Standard bushel box or basket for shipment or sale of peaches, pears, tomatoes, other fruits and vegetables.—The standard

bushel box or basket for the shipment or sale by the box or basket

of peaches, pears, tomatoes, and all other fruits and vegetables grown

and packed in this State, or grown elsewhere and packed or re- packed in this State, shall be of the capacity of two thousand one hundred and fifty and four-tenths cubic inches when even full, a half-bushel box or basket for the same shall be of the capacity of one thousand and seventy-five and two-tenths cubic inches when even

full. See, 21 (al916). Standard barrel for green peas or beans in the hull; dimensions; dimensions, how stamped; penalty.—The standard barrel^

for the measurement of all green peas, or beans in the hull for which

a heaping measure is now given, shall be of the following dimensions, namely: Diameter of said barrel at the top shall be eighteen

and three-fourths inches inside the staves, the diameter at the

bottom inside the staves shall be sixteen and one-fourth inches, and

the depth of said barrel shall be twenty-six inches inside, and to contain in all six thousand two hundred and fifty-three and threefourths cubic inches, measurement by said barrel to be struck measure. The dimensions of any barrel so used shall be stamped by

the inspector of weights and dry measures of the city of Baltimore

uj)on the same in three conspicuous places, and any person using a

barrel for the measurement of peas, beans and like farm products

without being so stamped shall be fined not less than one hundred

dollars nor more than five hundred dollars, said fines to be collected as other fines are now collected.

Sec. 22 (al914). Use of standard barrel after being broken, injured

or altered; penalty for.—If any barrel for the measurement of green

peas, or beans, in the hull when sold by the bushel in this State,

which shall have been stamped as provided for in section 21 of this

article, shall be broken, injured, altered, or changed, or condemned

by the inspector, and shall be found thereafter in the use of any

person, firm, or corporation, or agent, employee, or officer of any

person, firm, or corporation, within the State, such person, firm, or

1 See p. 20 relative to the Federal standard barrel.
MARYLAND 339

corporation, or agent, employee, or officer of such person, firm or

corporation, shall be fined not less than one hundred dollars for each

offense.

Sec. 23. Standard barrel for shipment or sale of pears, potatoes, cab- bage, carrots, onion and other fruits and vegetables; dimensions of.

The standard barrel for the shipment or sale by the barrel of pears, quinces, Irish potatoes, sweet potatoes, turnips, green peas, beans,

cabbage, beets, parsnips, carrots, kale, spinach, broccoli, onions, and

all other fruits and vegetables grown and packed in this State, or grown elsewhere and packed or repacked in this State, shall be of

not less than the following dimensions : Diameter of top and bottom,

sixteen and one-half inches, diameter of bulge, eighteen and one-half

inches—both inside measurements, length of stave twenty-seven and

one -half inches.

Sec. 24. Standard double-head barrel for shipment or sale of apples;

dimensions.—The standard double-head barrel for the shipment or

sale by the ban-el of apples grown and packed in this State, or grown

elsewhere and packed or repacked in this State, shall be of the fol- lowing dimensions: Head diameter, seventeen and one-eighth inches

(17%), regardless of the depth of the chine in the staves; distance

between heads, twenty-six inches (26) ; inside measurement; circumference at the bulge, sixty-four inches (64), outside measurement.

Sec. 25. Manufacture or sale of barrels of less capacity; how marked;

penalty; separate, offense, what constitutes.—^Any person, firm or cor- poration in this State who manufactures, sells, offers for sale, or has

in his, her, or its possession barrels, baskets, or boxes of the capacities defined in sections 20, 23, and 24 of this article, and if of less capacities than are defined in said sections 20, 23, and 24, must

plainly mark in three conspicuous places on the exterior sides of

said barrels, baskets, or boxes, in letters not less than one and one- half inches high the word " Short." Any person, firm, or corporation, or agent, employee, or officer of any person, firm, or corportion,

violating any of the provisions of this section shall be fined not

less than one dollar, nor more than five dollars for each offense;

and the use, sale, or manufacture of each barrel, basket, box, halfbox, or half-basket, not marked as designated herein shall constitute a separate offense.

Sec. 26. Standard weights per bushel, ton and barrel.—The standard

Aveights for grain, hay, straw, produce, and mineral coal for this

State shall be as follows : ^

Apples (dried) pounds per bushel.- 28

Apples (green) do 50

Alsike clover seed do 60

Alfalfa seed do 60

Barley do 48

Barley malt do 34 Buckwheat do 48

Blue-grass seed do 14 Dried beans do 60 Bran do 20

Carrots do 50 Corn (shelled) do 56 Corn (on cob) do 70

Corn (on cob)

pounds per barrel. . 350

Corn (sheUed) do 280

Corn meal .pounds per bushel-. 48

Clover seed do 60

Castor beans or seed do 50 Coal or culm do 80 Coal pounds per ton. . 2,240

Charcoal (commercially dry) cubic inches per bushel.. 2,748

Cowpeas... pounds per bushel.. 60

Flour pounds per barrel. _ 196

Flaxseed.. .pounds per bushel.. 56

Herd's grass seed do 45

A sUgbt change has been made in the arrangement for convenience of reference.
340 LAWS CONCERNING WEIGHTS AND MEASURES

Peanuts pounds per bushel. _ Rye do

Red top grass seed (chaff) do

Red top grass seed (fancy)

pounds per busheL.

Rape do Straw pounds per ton..

Salt (coarse)pounds per busheL.

Salt (fine) do

Sorghum do

Timothy grass seed do

Turnips do

Wheat do

22

56

14

32

50 000

70

5650

45

60

60

Hungarian grass seed pounds per busheL- 50 Hemp seed do 44 Hay pounds per ton__ 2, 000 Lime pounds per busheL _ 80

Millet (German and American)

pounds per busheL. 50 Oats do 32 Onions do 54 Orchard grass seed do 14 Peaches (peeled) do 40 Peaches (unpeeled) do 32 Dried peas do 60 Potatoes (sweet and Irish) pounds per busheL - 60

Sec. 27. Grain, quantity ascertained by weight, and also charges for

freight, etc. —All charges for freight, measurement, weighing, inspection, wharfage and commission on grain shall be made on the number

of bushels as ascertained by weigTit, and not by running measurement. An}^ person, firm or corporation, or agent, employee, or officer of any person, firm or corporation, violating any of the provisions

of this section, shall be fined not less than five dollars nor more than

fifty dollars for each offense.

Sec. 28. Cotton, woolen or other dry goods; penalty for false marking

as to quantity.—No person shall sell any package or parcel of cotton,

woolen, or other dry goods having any mark thereon or attached

thereto indicating or stating a greater number or a larger quantity

than is actually contained in such package or parcel; and any auctioneer, comiiiission merchant or dealer so selling, shall in each

case forfeit and pay to the purchaser or purchasers of each package

or parcel double the value of the quantity of goods, which on actual

measurement shall be found there is wanting in any such package or

parcel to make up the number of yards or quantity marked thereon. All sums not exceeding one hundred dollars forfeited and payable under this section shall be recoverable by the purchaser or purchasers before a justice of the peace as other debts; and all sums exceeding one hundred dollars by appropriate action in any

court having jurisdiction thereof in the city of Baltimore or the

county where such sales were made.

Sec. 29. Tomatoes, standard weight; appointment of v/eigher; fee for weighing; salary of weigher.—The standard of weights of tomatoes in

in the State of Maryland shall be sixty pounds to the bushel; and

for the purpose of ascertaining the true weight thereof, there

shall be appointed by the governor a weigher, who shall be chargeable with the duty of weighing all tomatoes and other vegetables

sold by weight brought to center market of Baltimore city for

sale by the wagon-load on the scales now located at said market

when applied to, to have said tomatoes or other vegetables weighed

and who shall receive therefor the sum of ten cents per wagon-load

for performing such services, two cents of which shall be paid by him

quarterly to the comptroller to whom he shall give bond in the

penalty of one thousand dollars, and the balance he shall retain

as his own compensation for the services hereby imposed and per- formed; provided that besides the two cents he shall pay all excess over one thousand dollars to the comptroller, it being the intent of

this section that he shall only receive one thousand dollars per
MAKTLAND 341

annum as his salary to be paid entirely from his fees, at eight cents net per load. The said tomatoes and other vegetables shall be

weighed in the wagons, and after delivery to the purchaser the

wagons and empty boxes shall be returned to the said scales and

the weight thereof shall be deducted from the gross weight as shown by the first weighing, and the said packers or purchasers

shall be required to pay for said vegetables at the weight certified by

said weigher. In case the boxes, in which the tomatoes or other

vegetables are contained, shall not be returned, said weigher shall weigh ten empty boxes, and the average weight shall be established

as the weight of all boxes contained in any wagon or wagons so weighed by him, and any packer or purchaser who shall refuse to pay for the same according to the certificate of said weigher shall

be deemed guilty of a misdenjeanur, and upon conviction thereof

shall be fined not less than ten dollars, nor more than fifty dollars for

each otfense ; and any driver of any wagon who shall sell, dispose of, or barter any of the produce in his wagon which has been sold to a packer or other purchaser between the time of the weighing of the same and the delivery to said packer or purchaser, shall be deemed

guilty of misdemeanor, and upon conviction thereof shall be fined

twenty-five dollars for each offense.

Sec. 30 (al920). Giving short weight or measm^e; penalty.—Any

person, firm or corporation, or agent, employee or officer of any

person, firm or corporation who shall laiowingly and willfully give

short weight or short measure to any one purchasing any article or commodity shall be guilty of a misdemeanor and shall on conviction

be fined not less than twenty-five dollars nor more than five hundred

dollars. A warrant for the arrest of any person, or agent, employees

or officer of any person, firm or corporation may be issued at the

instance of the purchaser receiving the short weight or measure or

at the instance of any inspector of weights and measures in the

State of Maryland.

Sec. 31 (al914). Penalties, how recoverable.—All fines, forfeitures

and penalties imposed by the several sections of this article, except

as otherwise hereinbefore provided, shall be recoverable as now provided by the laws of the State of ^laryland for the recovery of fines,

forfeitures and penalties; one-half of said fines, forfeitures and

penalties, except as otherwise hereinbefore provided, to be paid to the informer, and the other half to the city of Baltimore or the

county in which the offense shall have been committed.

Sec. 47 (1924). Authority conferred on State board of agriculture to inspect weights and measures; penalty.—In addition to the powers of

inspection, regulation and adjustment of scales, beams, weights and

measures conferred by this article upon the inspectors appointed by

the county commissioners of the several coimties, and by the comptroller of Baltimore city, the State board of agriciilture shall,

through its officers, agents and employees, have the authority and

power to inspect, regulate and adjust any or all scales, beams, weights

and measures used in the several counties of the State and in the

city of Baltimore in the vending or purchasing of agricultural products and farm supplies which are directed by law or are usually sold

by weight or measure. The said State board of agriculture shall have and exercise, through its officers, agents and employees, all
342 LAWS CONCEKNIKG WEIGHTS AND MEASURES

the authority and power conferred by this article upon the inspectors appointed by the county commissioners of the several counties,

and by the comptroller of Baltimore city, including the power to con- demn any scale, beam, weight or measure which it is impossible to

repair, and to prohibit the use of and to remove and destroy or otherwise dispose of the same. The authority and power hereby con- ferred shall be exercised in such manner, by such method or methods

and at such time or times as shall be determined upon by the said

State board of agriculture, and the said board shall have power to make or cause to be made an inspection or inspections of such scale,

beams, weights and measures as, in its discretion, the public interest

shall require.

Any person, firm or corporation, or any officer, agent or employee

of such person, firm or corporation refusing to have his, her, their or its scales, beams, weights or measures inspected, regulated or adjusted by the said State board of agriculture, or its officers, agents

or employees, as authorized by this article, or refusing to carry out

the lawful orders of the said board, its officers, agents or employees,

or interfering in any way with the exercise of the authority con- ferred by this article, shall, upon conviction, be subject to the penalties provided therefor in this article. The provisions of this section

shall be construed as additional and supplemental to, and not in

substitution for or in conflict with, any of the other sections of this

article. Ann. Code, 1924, Bagby, Art. 27, p. 954.

Sec. 178 (al900). Fruit and vegetable packing.—An apple barrel^

shall be of the following dimensions: Head diameter, seventeen and

one-eighth inches; length of stave, twenty-eight and one-half inches;

bulge, not less sixty-four inches, outside measurement; and ever\^

person, firm or corporation buying or selling apples in this State by

the barrel shall be understood as referring to the quantity or size of the barrel specified in this section: Provided, however, That

nothing in this section shall prevent any shipment of apples in the

regular flour barrel. Ann. Code, 1924, Bagby, Art. 20, p. 586.

Sec. 26 (al904) . —Every constable shall, upon complaint, enter into

the house of any retailer, and there call for and inspect the measures

used by such retailer. Ann. Code, 1924, Bagby, Art. 43, p. 1534.

Sec. 192 (al916). Food, net weight.—* * * That for the purpose

of sections 189 to 200 an article shall also be deemed to be

misbranded * *

* In case of foods: * *

* Third. If in package form, the quantity of the contents be not

plainly and conspicuously marked on the outside of the package in

terms of weight, measure or numerical count: Provided, however,

That reasonable variations shall be permitted and tolerances and

also exemptions as to small packages shall be established by rules

and regulations made in accordance with the provisions of sec- tion 196.

3 See note p. 20 relative to the Federal standard barrel ; also sec. 24, p. 339.
MAETLAND 343

Ann. Code, 1924, Bagby, Art. 72, p. 2236.

Sec. 88 (al900). Measure of oysters; oyster bushel; other oyster measures; oyster measure; penalty.—All oj^sters sold in this State shall be

measured either in a one-half bushel tub, a bushel tub, a bushel and

one-half tub or a three bushel tub, and no instruments shall be used

for measuring oysters in the shell but an iron circular tub with

straight sides and a straight solid bottom, with holes in the bottom

for draining, such holes to be no larger, however, than one inch in

diameter; a half bushel tub shall have the following dimensions, all measurements to be from inside to inside : fifteen inches across the

top, thirteen inches across the bottom; and seventeen inches diagonally from the inside chim.e to the top ; a bushel tub shall measure

sixteen and one-half inches across at the bottom from inside to inside,

twenty-one inches diagonally from the inside chime to the top, and

eighteen inches across from inside to inside from the top ; a bushel

and one-half tub shall measure nineteen inches across the top from

inside to inside, eighteen inches across the bottom from inside to

inside, and twenty-four inches diagonally from the inside chime

to the top; a three bushel tub shall measure twenty-four inches

across the top from inside to inside, twenty-two inches from inside to inside at the bottom, and twenty-nine [and] twenty-six-hundredths

inches diagonally from the inside chime to the top, and all oysters

measured in the shell as required by law shall be even measure to the top of the tub only, and any person or persons engaged in the

business of buying or selling oysters in this State who shall own

or have in his possession any instrument of measurement for oysters in the shell which shall differ in size or description from the measure herein before mentioned, or shall demand a greater measure

than herein before mentioned, shall be guiltj' of a misdemeanor, and

punished upon conviction before a court of competent jurisdiction,

to be fined a sum of not less than fifty dollars nor moi'e than one hundred dollars or committed to the house of correction for a period

of not less than three months nor more than six months, or both, in

the discretion of the judge or justice of the peace trying the same ; and

in case a fine is imposed under the provisions of this section, said

fine to be paid over by the officer making the arrest to the comptroller of the State, to be credited to the oyster fund ; one-half, however, to be paid to the informer, unless he be an officer of the State

fishery force. Said measures shall also be the standard measure for

shells, and the use of any other measure for that purpose shall be punished, as is prescribed by this section, for the use of any other measures for measuring oysters, and the measurers or special inspectors are herebj'^ forbidden to handle or interfere with the oysters in or upon the tub or measure for the purpose of pressing or pushing

down the same, under penalty of removal from office and a fine of ten dollars for each offense. Ann. Code, 1924, Bagby, Art. 48, p. 1752.

Sec. 19 (al916). Weighing of tobacco in warehouses.—It shall be the

duty of each inspector to cause each hogshead of tobacco before it

is uncased, to be weighed, and the tobacco in each hogshead and the

cask itself, to be separately weighed in his presence or that of his

weighing clerk, in scales with weights of the proper standard; and
344 liAWS CONCERNING WEIGHTS AND MEASURES

the weight of each hogshead as first weighed, and the gross and net weight of the tobacco therein contained after inspection, to be entered

in a proper book, with sufficient reference to its numbers and marks

as previously recorded.

Sec. 20. K'et weight to be marked on hogshead.—It shall be the

duty of each inspector to cause to be marked with a marking-iron on

the side of each hogshead of tobacco under his charge, the warehouse,

number and weiglit of said hogshead, and the net weight of tobacco

contained therein, and to cause tlie warehouse number of such hogshead to be marked with blacking on each head thereof.

Sec. 31. Tobacco, when weighed; record to be kept.—All tobacco in- spected in any of the warehouses which may be condemned or stayed

shall be carefully cased up and weighed and the gross weight and

(are be entered upon a book kept for that purpose, together with the

number of breaks in such hogshead as may be stayed, also the cause, whether for false packing, trash, order or wet.

Sec. 40. Hogsheads for tobacco; size. —No tobacco of the growth of

this State shall be passed or accounted lawful tobacco unless the same

be packed in hogsheads not exceeding fifty-four inches in the length

of the staves, nor exceeding forty-six inches across the head ; and the owner or his agent of tobacco packed in any hogshead of gi'eater

dimensions shall repack the same in hogsheads of the size herein prescribed, at his own expense before the same shall be passed.

Sec. 96 (1920). Net w^eight to be marked on packages of feeding

stuff.—Every lot or parcel of commercial feeding stutfs sold, offered or exposed for sale or distributed within this State shall have printed

thereon or affixed thereto a tag or label, in a conspicuous place on the

outside thereof, containing a legible and plainly printed statement

iii the English language, clearl}' and trul}^ certifj^ing:

(a) The net weight of the contents of the package, lot or parcel;

(h) The name, brand or trade-mark;

(c) The name and principal address of the manufacturer or person

responsible for placing the commodity on the market ; * *

*

Sec. 106 (1912). Agricultural lime.—Every manufacturer, company

or person who shall sell, offer or expose for sale or for distribution

in this State any agricultural lime as defined in the following sec- tion of this subtitle, used as a fertilizer or land improver, shall affix to every package of such agricultural lime, in a conspicuous place on

the outside thereof a plainly printed statement, clearly and truly

certifjdng the number of net pounds in the package sold or offered

for sale, the name of the manufacturer or shipper, the place of manufacture, the place of business, * *

* Ann. Code, 1924, Bagby, Art. 61, p. 2123.

Sec. 4 (al922). Fertilizer, net weight to be marked.—That every bag,

barrel, or package of fertilizer must bear plainly and conspicuously on the outside of same, and every parcel or lot sold in bulk must be

accompanied by a clear and true statement in legible print, in the

order herein stated, the following

The net weight of the contents of the package or lot in pounds

Brand name or trade mark; * * * Name and address of manufacturer. * * *
MAETLAKD 345

Ann. Code, 1824, Bagby, Art. 89, p. 3761.

Sec. 150 (1922). Operators of coal mines to provide scales; maintenance of sucli scales; record of coal \veiglied.—The operator of every

coal mine where miPxers are paid by weight, shall provide and hereafter maintain suitable and accm-ate scales, which scales shall be

examined, tested, and kept in thorough repair by a competent person

employed by such operator, at least once in every six months ; a correct record shall be kept of ail coal so weighed, which record shall be

open at all reasonable hours to the inspection of miners employed

at such mine. Such operator shall keep at the mine weighhouse such

standard United States test weights as may be prescribed by the

bureau, for use in testing such scales.

See. 151. Screening of ecal proMMted before weigMng.—The operator

of every such mine, where miners are paid by weight, shall not, before weighing the coal, pass the same over any screen or other device which shall take any part from the value thereof, or otherwise remove any of the coal : and shall duly credit tlie just and merchantable Aveight thereof to the employee sending the same to the surface.

Sec. 152. Competency of persons authorized to weigh coal.—The per- son authorized to take such weight and keep such record shall, before

entering upon his duties, satisfy the district mine inspector that he

understands the operation and adjustment of mine scales : and shall before entering upon his duties take and subscribe before a person

authorized to administer oaths, an affidavit that he has not, and will

not have, while so employed, am* financial interest, direct or indirect, in such mine; and that he will accurately weigh and carefully

keep a I'ecord of all coal weighed; which affidavit shall be filed in the

office of the clerk of the circuit court for the county, and a copy

thereof kept conspicuously at the place of weighing: Provided. That

in the event tliat any person so authorized to take such weight and

keep such records shall become incaiDacitated, the operator may in

such emergency appoint some other person, who understands the

()]>eration and adjustment of mine scales, who may act in the place

and stead of the person authorized imtil such emergency appointee

or some other person may l)e duly qualified : Provided, That immediate action shall be taken to qualify such a person and an immediate report of such emergency action shall be transmitted to the

district mine inspector.

Sec. 153. Check-weigliinaster may be employed: duties,—The miners

employed in any coal mine in this State shall have power, if they

desire, of employing at their own expense a check-weighmaster, who

shall have the right to be present and observe the weighing of coal

by the weighmaster, to examine and test the scales, to inspect records

made by such weighmaster; and be subject to the same qualifications,

oath and penalties as such weighmaster.

Sec. 154. Weighm.aster ; duties.—The weiglimaster shall balance,

test and examine the scales each morning before starting; to weiffh

coal; and shall accurately weigh and record the just net weight of

such coal, crediting the employee who has sent the same to the surface

in tons and hundredweights computing therefor any majority frac- tion of a hundredweight as a whole hundredweight, and omitting
346 LAWS CONCERNING WEIGHTS AND MEASURES

credit of any fraction of a hundredweight less than one-half a hundredweight.

Sec. 155. Bushel and ton of coal.—Seventy-six pounds avoirdupois

shall constitute one bushel of coal ; and two thousand pounds avoirdupois shall constitute one ton of coal.

Sec. 156. Bureau to be inspector of weights and measures at all mines.—The bureau is hereby made inspector of weights and measures at all mines of this State, and all inspectors thereof are authorized, empowered and directed, under regulations of such bureau, to conduct frequent inspections of all scales, measuring instruments,

cars, and containers, and to determine their condition, accuracy, correct branding, weight, use and operation, to assure the proper use thereof and the competency of any person authorized to use them.

Sec. 157. Standard measure to be provided.—The operator of ever}'

coal mine where miners are paid by measurement, shall provide and

maintain at such mine a standard measure, approved by the bureau,

with which all cars or other containers of coal shall be checked and

their respective capacities be determined and plainly branded

thereon, subject to approval by the bureau.

Sec. 158. Use of false or incorrect scale; penalty.—Any person or persons having or using any scale, measure, car, container or other

instrument for the purpose of determining the amount of product

and resulting compensation of any workman employed in or about

any such mine, who shall knowingly or of gross negligence so ar- range, construct or operate any such instrument that an incorrect

determination and compensation may be reported, or shall make or permit to be made an incorrect and fraudulent record and account

thereof, shall be guilty of a misdemeanor; and every day any such

instrument is so arranged, constructed, or operated to obtain such

incorrect determination, or such incorrect and fraudulent record and

account is made or permitted to be made, shall be a separate offense.
2IASSACHTJSETTS

Gen. laws, 1921, Vol. 1, ch. 23, p. 92.

Sec. 1, as amended by Acts, 1921, ch. 306, sec. 1. Department of labor

and industries.—There shall be a department of labor and industries,

under the supervision and control of a commissioner of labor and

industries, in this chapter called the commissioner, an assistant com-

missioner, who shall be a woman, and three associate commissioners, one of whom shall be a representative of labor and one a representative of employers of labor.

Sec. 3, as amended by Acts, 1921, ch. 308, sec. 2. Commissioner; certain

duties.—The commissioner shall be the executive and administrative

head of the department. He shall have charge of the administration

and enforcement of all laws, rules and regulations which it is the

dut}- of the dejoartment to administer and enforce, and shall direct

all inspections and investigations except as otherwise provided. He

shall organi2:e in the department a division of standards and such

other divisions as he may from time to time determine, and may

assign the officers and employees of the department thereto. He

shall prepare for the consideration of the assistant commissioner

and the associate commissioners rules and regulations for the con- duct of the de^Dartment and all other rules and regulations wliich the

dejDartment is authorized by law to make, and they shall, except as otherwise jDrovided. take effect when approved by the associate commissioners and the assistant commissioner, or upon such date as they determine. The commissioner may designate the assistant commissioner or an associate commissioner to discharge the duties of

the commissioner during his absence or disabilitj'.

Sec. 4, as amended by Acts, 1924, ch. 119, p. 78. Directors; other

appointees.—The conmiissioner. assistant commissioner and associate

commissioners ma}-, with the approval of the governor and coimcil,

appoint, and fix the salaries of, not more than five directors, ancl may, Avith like approval, remove them. One of them, to be known

as the director of standards, shall have charge of the division of

standards, and each of the others shall be assigned to take charge of

a division. * *

* Sec. 5 (al919). Certain requirements as to ofl&cers and employees.

All directors, insjjectors and other permanent employees of the department shall devote their whole time to the affairs of the department ; and all directors and insjDectors and such other employees

as may be designated by the commissioner shall, before entering upon

their duties, be sworn to the faithful performance thereof. The

number of inspectors heretofore authorized by law may be increased

only with the approval of the governor and council. The commissioner, assistant commissioner and associate commissioners shall determine from time to time how many of the inspectors employed

shall be women.

347
348 LAWS CONCERNING WEIGHTS AND MEASURES

Sec. 8 (1919). Duties of tlie director of standards.—The director of

standards shall, in addition to the poAvers and duties conferred and

imposed upon him by law, perform such other duties as may be

assigned to him by the commissioner.

Sec. 9, as amended by Acts, 1924, ch. 259, p. 242. Inspectors of standards.—Inspectors of standards appointed under section four shall give bond for the faithful performance of their duties. Gen. laws, 1921, Vol. 1, cli. 98, p. 959.

Sec. 1 (al919). Definitions.—In this chapter the following Avords,

unless a different meaning is required by the context or is specifically

prescribed, shall have the foUoAving mear.ings:

" Director," director of standards of the department of labor and

industries.

" Deputy," deputy sealer of weights and measures.

"Inspector," inspector of standards.

" Sealer," sealer of Aveights and measures.

" Weighing or measuring device," all weights, measures, scales,

balance beams, vibrating steelyards, and weighing or measuring devices used for Aveighing or measuring any commodity bought, sold or exchanged or for hire or reAA'ard, computing scales and other devices haA^ng a device for indicating or registering the .price as well

as the Aveight or measure of a commodity offered for sale, taximeters

and other forms of measuring devices used upon vehicles for determining the cost of transportation; and ail machines and other

forms of measuring devices used or intended to be used for determining the measurement of leather bought, sold or offered for

sale.

Sec. 2 (1894). Eelation of avoirdupois to troy pound.—The aA'oir- dupois pound shall bear to the troy pound the relation of seven thousand to five thousand seven hundred and sixty. The hundredAAi'eigiat shall contain one hundred avoirdupois pounds, and the ton

tAventy hundredweight.

Sec. 3 (al920). State standards.—The following Aveighing and measuring devices noAv in the custody of the director shall be the sole authorized standards, except as proAdcIed in sections four, nine and

ten of this chapter, and in section one of chajoter ninety-nine, and

Avith the standards supplied under authority of said sections shall be called the State standards: A set of dry measures consisting of one half-bushel, eight, four, tAvo and one quarts, one pint and one

half-pint; a set of liqiiid measures consisting of one gallon, two and

one quarts, one pint, two and one gills; a set of apothecaries' liquid measures consisting of one gallon, four, tAvo and one pints, twelve,

eight, six, four, three, tAvo and one ounces, four, two and one drams,

ten and five minims; a set of avoirdupois Aveights consisting of

fifty, twenty-five, tAventy, ten, five, four, three, two and one pounds,

eight, six, four, thi-ee, tAvo and one ounces, eight, six, four, three, two

and one drams; a set of troy weights consisting of five thousand,

three thousand, two thousand, one thousand, five hundred, three hundred, tAvo hundred, one hundred, fifty, thirty, twenty, ten, five, three,

two and one pennyweights, ten, six, fiA^e, four, three, two and one

grains, one half a grain, t-^i-^-^flj ten, six, five, four, three, two, and
MASSACHUSETTS 349

one ounces, five tenths, four tenths, three tenths, two tenths, one

tenth, five one-hundreclths. four one-hundredths, three one-hmidredths. two one-hundredths, one one-hundredth, five one-thousandthsi four one-thousandths, three one-thousandths, two one- thousandths, one one-thousandth, five ten-thousandths, four ten- thousandths, three ten-thousandths, two ten-thousandths, and one

ten-thousandth of an ounce : a set of apothecaries' weiglits consisting

of twelve, six, two and one otmces, four, two and one drams, two

and one scruples, ten, five. four, three, two and one grains, one half, one cjuarter and one tenth grains; a yard measure and three sets of balances.

Such standards shall be kept by the director, and he shall, at

least once in five years, cause them to be compared with the standards of the United States GoA'ermnent, and, if necessary, corrected

to agree therewith.

Sec. 4. Weights, etc., to be replaced,, when; additional State standards.—The State standards shall also include all weighing and

measuring devices received from the United States tmder the resolution of Congress approved June fourteenth, eighteen hundred and

thirty-six. and all other weighing and measuring devices received

from the United States as standard weights and measures, and such

as have been or shall be suppUed by the Commonwealth and certified by the Xational Bureau of Standards. Weighing and measuring

devices procured to replace the standards shall be preserved in the same form and of the same dimensions as required ox said standards,

and the denominations thereof shall be marked thereon.

Sec. 5. Municipal standards.

Tovnus shall keep the following standard weights, measui'es and balances : A set of avoirdupois weights

consisting of fifty, twenty-five, twentj', ten, five, four, two and one

potmds, and eight, four, two, one, one half, one quarter, one

eighth and one sixteenth ounces; a set of dry measures consisting of one half-bushel, one eight-quart, one four-quart, one two-quart, one

one-quart, one pint and one half-pint ; a set of liquid measures consisting of one gallon, one half-gallon, one quart, one pint, one halfpint and one gill ; one balance ; one yard measure ; and each town

hereafter in- orporated shall be furnished by the director with a complete sec of the foregoing standards. Each city and each shire

town shall keep the meter and kilogram and the standard troy

weights designated by the director.

Sec. 6 (al909). Safe keeping of town standards.—Town treasurers

shall, at the expense of the towns, pro\-ide therein accessible places

for the safe and suitable keeping and preservation of the standards

furnished by the Commonwealth, which shall be used only as standards. The treasurer shall have the care and oversight thereof; shall

see that they are kept in good order and repair ; and if any are lost,

destroyed or irreparably damaged, shall, at the expense of the town,

replace them by sim iar standards. Towns may effect insurance on

such standards for their ovrn benefit.

Sec. 7 (al897). Penalty for neglect of town treasurer.—Every such

treasurer who neglects to provide a suitable place for keeping such

standards, or to keep them in good order and repair, or who suffers any of them through lus neglect to be lost, damaged or destroyed,

shall forfeit two htmdred dollars.
350 LAWS CONCERNING WEIGHTS AND MEASURES

Sec. 8 (al816). Vibrating steelyards.—Vibrating steelyards may be

used if each beam and the poises thereof are annually tried, proved

and sealed by a sealer or deputy.

Sec. 9 (1917). State clinical standard thermometer.—A clinical standard thermometer supplied by the Commonwealth and certified by the

National Bureau of Standards for use by the Commonwealth, shall

be the State clinical standard thermometer. Nothing in the five following sections shall be construed as adopting or authorizing the

adoption of any particular scale as the thermometer standard for

this Commonwealth.

Sec. 10 (al919). Office clinical standard thermometer.—The Commonwealth shall also supply additional clinical standard thermometers

necessary to carry out sections nine to fourteen, inclusive, to be

known as office clinical standards. Such thermometers shall be verified by the director upon their receipt and at least once in each six

months thereafter, by direct comparison with the State clinical standard thermometer. The office clinical standards may be used in

making comparisons of clinical thermometers under test. Sec. 11. Tolerances, etc., for clinical thermometers.—The director

shall promulgate tolerances and specifications for clinical thermometers. A correct clinical thermometer shall be one conforming to the standard established as provided in section nine and to specifications jDromulgated under this section, within such tolerances.

Sec. 12 (al921). Testing of clinical thermometers.—The director may

at any time inspect and test any clinical thermometer in the posses- sion of any manufacturer or dealer in this Commonwealth and

for this purpose may remove the same to such place as he may deem

most convenient. Whenever he inspects and tests such a thermometer

and finds it to be correct he shall seal, mark or otherwise certify

it as correct. Whenever be inspects and tests such a thermometer

and finds it to be incorrect he may condemn, seize and destroy it; or he may return it to the owner upon a satisfactory guarantee that

it will not be sold or used. The following fees for testing clinical thermometers shall be paid to the director for the use of the Commonwealth: {a) One to eight thermometers, inclusive, twenty-five cents for the first and ten cents for each additional one; (&) any number

from nine to eleven, inclusive, total fee one dollar; (c) one dozen to

six dozen, inclusive, one dollar per dozen; (d) more than six dozen

and not more than twelve dozen, seA^enty-five cents per dozen; (e) more -than twelve dozen, sixty cents per dozen.

Sec. 13. Sealing by manufacturer.—The director shall prescribe rules and regulations governing the manufacture and sale of clinical thermometers and may authorize the sealing of such thermometers

by any manufacturer thereof upon his agreement to conform to said

rules and regulations and the filing of a surety bond in such sum

and upon such terms as the director may require. When representative samples of any clinical thermometer have been submitted

by the manufacturer to the director and approved by him, he shall assign a designating mark which shall thereafter be permanently

engraved by the manufacturer upon all clinical thermometers which

are intended for sale and which conform to the samples which have

been so approved. Clinical thermometers sealed by the manufacturer shall be marked with the name, initials or trade mark of the
MASSACHUSETTS 351

manufacturer, and with such other marks as the director may

authorize or require. The director may revoke the authority given

by him to any manufacturer under the provisions of this section upon

proof that the authorized seal or designating mark has been affixed to a thermometer not conforming to the approved sample or that the

prescribed rules and regulations have not been complied with.

Sec. 14. Penalty for sale of unsealed, etc., clinical thermometers.

Whoever, himself or by his servant or agent, or as the servant or agent of another person, keeps for the purpose of sale, offers or exposes for sale, or sells any clinical thermometer not sealed, marked

or certified as correct by the director, or by the manufacturer as provided by the preceding section, shall be punished by a fine of not more than ten dollars for each thermometer so sold, or kept, offered or exposed for sale, and whoever violates any rule or regulation prescribed by the director under authority of said section shall be

punished by a fine of not more than fifty dollars.

See. 15 (al820). Sealing of glass milk bottles or jars.—Glass bottles or jars used for the distribution of milk or cream to consumers, and

holding, when filled to a level with the bottom of the cap or stopple or other definite filling point, not less than three ormces and seven drams and not over four oimces and two drams ; not less than seven oimces and six drams and not over eight ounces and two drams;

not less than fifteen ounces and five drams and not over sixteen ounces and four drams; not less than thirty-one ounces and four

drams and not over thirty-two ounces and four drams ; not less than

forty-seven ounces and three drams and not over forty-eight ounces and five drams ; not less than sixty-three ounces and two drams and

not over sixty-four ounces and six drams, shall be sealed as measures under section forty-one or by the manufacturer. Dealers in milk

or cream using glass bottles or jars for the distribution of milk or cream to consumers, not sealed by the manufacturer, shall bring

them into the office of the sealer in their town, to be sealed ; but no

fee shall be charged or received for sealing them. If a bottle or jar

has once been sealed by a sealer or manufacturer, it need not be

sealed again while used for the distribution of milk or cream to consumers. Glass bottles or jars sealed hereunder shall be legal measures only for the distribution of milk or cream to consiuners.

Bottles or jars sealed by the manufacturer shall be marked with his

name, initials, or trade mark, and by any other mark required by the

director. The sealing of such bottl rs bv the manufacturer

shall not affect any law relating to the giving of false measure or

the using, or having in possession, of false measures with intent to use the same. The director, on approval by the commissioner of

labor and industries may revoke the authority given by him to any

manufacturer under this section, on proof that the authorized seal or designating mark has been affi:s;ed to any bottle or jar not con- forming to the respective capacities provided for in this section.

Sec. 16 (1910), Sealing of paper or fibre milk bottles.—Paper or fibre bottles and jars used for the distribution of milk or cream to con- sumers, and holding, when filled to a level with the bottom of the

cap or stopple, not less than eight, sixteen, thirty-two, forty-eight or sixty-four ounces, shall be sealed as measures under .section forty517—26 23
352 LAWS CONCERNING WEIGHTS AND MEASURES

one or fifty-one, or by the manufacturer in the manner provided in

the preceding section, and when so sealed may be used as provided

by law for glass milk jars and bottles. Every such bottle or jar

shall have plainly stamped upon it by the manufacturer the words

:

" Penalty for re-use, twenty-five dollars."

Sec. 17. Penalty for re-use of such bottles.—Whoever re-uses any

such paper or fibre bottle or jar for distributing milk, cream or other

liquid used for food after such bottle or jar has been once used therefor, shall be punished by a fine of not more than twenty-five dollars.

Sec. 18 (al921). Testing of milk containers.—All cans or containers

sold for use in the purchase or sale of milk or cream at wholesale

shall have their capacity plainly, conspicuously and indelibly marked

thereon in terms of liquid quarts. They shall be sealed by the manufacturer thereof, as hereinafter provided, or by a sealer of the town

where the user resides or has a usual place of business. The director

shall prescribe regulations governing the sealing of such cans or

containers by the manufacturer and may authorize such sealing by

any manufacturer upon his agreement to conform to said regulations.

The director may at any time, for cause, revoke the authority so given

by him to any manufacturer. When sealed by the manufacturer, such

cans or containers shall be marked with his name, initials or trademark and with any other designating marks which the director may

require. The sealing of such containers by the manufacturer shall

not exempt the user from the laws relative to giving a false or insufficient measure, using a false measure, or having the same in possession with intent to use. Sealers of the town where the user resides or has a usual place of business shall at least annually inspect all cans or containers marked and sealed in accordance with this section

and shall make a record of such inspections. When once sealed as herein required, a can or container need not again be sealed while in

the same condition as when first sealed.

Sec. 19. Penalty.—Whoever, by himself or by his servant or agent, or as the servant or agent of another person, sells any can or container to be used in the purchase or sale of milk or cream at wholesale

that is not marked and sealed as required by the preceding section, shall be punished by a fine not exceeding ten dollars for each can or

container so sold. Whoever, by himself or by his servant or agent, or as the servant or agent of another person, uses any can or container in the purchase or sale of milk or cream at wholesale that is not marked and sealed as required by the preceding section, shall be

punished by a fine not exceeding ten dollars for each offence. The

director, inspectors and sealers shall enforce the provisions of this

and the preceding section.

Sec. 20 (1920). Containers for sale of ice cream to be sealed by manufacturer, etc.—All cans, moulds or other containers used in the sale of ice cream by measure shall be of the capacity of Massachusetts

standard liquid measure. Such cans, moulds or other containers

shall be sealed, as hereinafter provided, by the manufacturer thereof, or by a sealer, and shall not be legal measures except for ice cream. When sealed hy the manufacturer, such containers shall be marked

with his name, initials or trade mark. They may also be marked

with any other designating mark assigned to him by the director;

provided, that he has agreed to conform to the regulations made

by the director relative thereto. When such containers have not been
MASSACHUSETTS 353

sealed by the manufacturer, they shall be sealed, before they are

used, by a sealer, and the dealer who intends to use them shall bring

such containers to the office of such sealer for that purpose, but no

fee shall be charged for sealing them. The sealing of such containers

by the manufacturer shall not be held to exempt the user from

the laws relating to the giving of false or insufficient measure, or the

using of a false measure, or having in his possession a false measure

with intent to use.

Sec. 21. Sealers to inspect semiannually.—Sealers shall inspect at

least semiannually all cans, moulds or other containers sealed in

accordance with the preceding section, and shall make a record of

such inspection. If a container has once been sealed as aforesaid,

it shall not be necessary to have it sealed again while it is used for

the sale of ice cream as long as it remains in the same condition as when first sealed.

Sec. 22 (al921). Regulation of containers.—Paper or fibre cartons which are used for the sale by measure of viscous or semi-solid commodities or mixtures of solids and liq[uids shall contain and shall

be sold as containing one quart, one pint, one half pint or one gill,

Massachusetts standard liquid measure. Such cartons shall be of

such shape and diniiensions as may be approved by the director.

Whenever the shape and dimensions of any such carton have been

so approved, the director may authorize the manufacturer to have

printed thereon a statement of its capacity in terms of Massachusetts

standard liquid measure, with the words "Approved by the director

of standards for Massachusetts," and with such other marking as the director may require. Such cartons shall be legal measure only

for such commodities as may be designated by the director and shall be exempt from the laws requiring the sealing of measures.

Sec. 23 (1920). Test of containers by the director or a sealer.—

sealer or deputy of any city or town or the director or an inspector

may, if he so desires, and shall, upon complaint, test the capacity

of any container which is used or intended to be used as a measure

under sections twenty to twenty-four, inclusive; and if the same

does not conform to the law, he shall seize it and enter complaint.

The director may, at any time, for due cause, revoke any authority

or permit granted by him to any manufacturer under said sections.

Sec. 24. Penalty for unauthorized marking.—-Whoever violates any

provision of sections twenty to twenty-three, inclusive, and whoever

marks a container or other measure, or procures the same to be

marked or has printed thereon or procures to have marked or printed

thereon, a mark, number or designation without the approval or authority of the director, except as provided in section twenty, shall be punished by a fine of not more than fifty dollars.

Sec. 25 (al920) . Weighing or measuring devices to be marked " Con- demned," v/hen.—All weighing or measuring devices which can not

be made to conform to the standard shall be stamped, marked or

labelled " Condemned " or " CD " by the sealer. Weighing or measuring devices in possession of a merchant or vendor not used

for buying or selling, or for weighing and measuring for hire or reward shall be plainly marked by the sealer with a notice that such

articles have not been sealed under this chapter. Whoever re- moves said notice without the consent of the person affixing the same shall be punished by a fine of not more than fifty dollars.
354 LAWS CONCERNING "WEIGHTS AND MEASURES

Sec. 26. Penalty for using, etc., false weights and measures.—^Whoever

uses, or has in possession with intent to use, a false or condemned

weighing or measuring device for weighing or measuring any com- modity bought, sold or exchanged, or for hire or reward, shall be

punished by a fine of not more than fifty dollars. The possession

of such weighing or measuring device shall be prima facie evidence

of intention to use it in violation of law.

Sec. 27 (al897). Penalty for using unsealed weights.—^Whoever sells or, if by the custom of trade such weighing or measuring devices are provided by the buyer, buys, by any weighing or measuring device

which has not been sealed according to law shall forfeit not more

than twenty dollars to the use of the person suing therefor.

Sec. 28 (al878). Value of goods sold by unsealed weights may be

recovered.—A seller may recover the fair market value of goods, wares or merchandise sold, if they were, for the purpose of the sale,

weighed or measured upon weighing or measuring devices not

sealed according to law, or weighed or measured by a person not

a sworn weigher, measurer or surveyor, or by a person not authorized by law to weigh or measure the same, if such sale is made in good faith and the purchaser is not injured thereby.

Sec. 29, as amended by Laws, 1925, ch. 72, p. 54! Use of weighing and

measuring devices; measiu'ement of shingles; approval of type of weighing or measuring device.—The director shall enforce the laws relating

to the use of weighing and measuring devices and the giving of

false or insufficient weight or measure and shall keep a detailed

record of his work in connection therewith. He shall also from

time to time establish units of measurement to be observed in the

sale of wooden shingles in the commonwealth. He may also, if he deems it desirable, and shall, upon request of the manufacturer

of any weighing or measuring device or of any sealer of weights

and measures, examine such device to determine whether or not its construction is such as to insure reasonably permanent accuracy

and whether or not it may be used to facilitate the perpetration

of fraud, approving or disapproving it accordingly. When any

weighing or measuring device has been so approved or disapproved

by him, he shall notify ail sealers of weights and measures, who

shall thereafter act in accordance with such approval or disapproval

when devices of that type are submitted to them for test. Sec. 30 (al919). Certain powers of inspectors.—The inspectors shall aid the director in the performance of his duties and shall have all necessary powers therefor. * Sec. 31. Director, etc., to have a seal, etc.—The director and town

and district sealers shall keep seals for their use. The seal of the di- rector shall bear the letters " C. M." and those of the sealers shall be

of a type approved hj the director. Any sealer neglecting to keep

such a seal shall forfeit not more than twenty dollars, and whoever,

without being duly authorized thereto, impersonates a sealer or deputy by the use of a seal or otherwise, or has in his possession an imitation or counterfeit of the seal used by a sealer or deputy

shall be punished by a fine of not more than fifty dollars.

Sec. 32. Director to test local standards, etc.—At least once in three

years, the standards of apothecaries' weights and of apothecaries'

liquid measures in the custody of town treasurers and at least once
MASSACHUSETTS 355

in ten years, or oftener if the director deems it necessary, the other

standard weights, measures and balances of each town shall be tested,

adjusted and sealed or certified under his direction. He shall also

see that such standards are kept in good order and condition, and

may at any time, and shall on request of a town treasurer, cause an

inspection of the standards to be made. The director and his in- spectors may also inspect any weighing or measuring devices used

for buying, selling or exchanging goods, wares, merchandise or other

commodity, or for public weighing in a town, and, if found in- accurate, shall forthwith inform the mayor or selectmen, who shall cause the law relating thereto to be enforced. If the director or an

inspector discovers a violation of law, he may make and prosecute

a complaint and shall have therefor the same statutory powers rela- tive to the enforcement of laws pertaining to weights and measures

as are vested in local sealers. Whoever hinders, obstructs or in

any way interferes Avith him in the performance of duty hereunder

shall be punished by a fine of not more than three hundred dollars, or by imprisonment for not more than two months. Every treasurer neglecting to have the standards in his care sealed as provided in

this section shall forfeit not more than fifty dollars.

Sec, 33. Testing of weighing and measuring devices used in State

institutions, etc.—The director or his inspectors under his direction,

shall at least once in each year test all weighing and measuring

devices used in checking the receipt or disbursements of supplies in

each State institution or department, and shall mark them in ac- cordance with the results of such tests. He shall report in writing

his findings to the executive officers of the institution or department

and at their request shall appoint in writing one or more employees,

then in the actual service of such institution or department, as special

deputies to check the receipt or disbursement of supplies.

Sec. 34 (al920). Appointment of sealers and deputy sealers in cities and large towns,—Subject to chapter thirty-one, the mayor of each

city and the selectmen of each town of over ten thousand inhabitants

shall appoint a sealer, and may appoint one or more deputies to

act under the direction of the sealer. The sealer and deputies shall

enforce the law pertaining to weighing and measuring devices and

to the giving of false or insufficient weight or measure. Sealers

and deputies appointed hereunder shall receive a salary to be determined by the board, officer or body authorized to determine salaries

in their respective cities and towns, and shall also receive an additional allowance for transportation and other necessary expenses.

They shall account for and pay into their city or town treasuries

monthly all fees received and shall make an annual report to the

appointing board or officer, and to the director as provided by sec- tion thirty-seven.

Sec. 35. Sealer to be appointed annually in small towns.—The select- men of towns of less than ten thousand inhabitants shall annually

appoint a sealer and may appoint one or more deputies to act under

his direction. Such sealers and deputies shall have the same powers

and duties as sealers and deputies appointed under the preceeding

section and shall receive such compensation as may be determined by

the selectmen and an additional allowance for transportation and

other necessary expenses. The selectmen may at any time remove

such sealers or deputies and appoint other in their places.
356 LAWS CONCEKNING WEIGHTS AND MEASURES

Sec. 36 (al919). Appointment of district sealers, etc.—^Two or more

towns, or one city and one or more towns, may combine the whole or any part of their respective territories as may be agreed upon by the

boards or officers having the appointing power in such cities or towns

into a district with one district sealer and one set of standards. He

shall have the powers of and perform the duties of sealers under the

direction of the director within the district. Each such sealer shall forthwith on his appointment give bond, with sureties approved by

the appointing power, for the faithful performance of his duties, for

the safety of the standards, working equipment, records, and other

things committed to him, and for their surrender to his successor or

to any person duly appointed to receive them. He shall be paid a

salary determined by the appointing power and shall be provided by

them with necessary standards and working equipment, and shall be

allowed necessary sums for transportation and other expenses. Each

such sealer shall keep a complete record of all his official acts and

shall make an annual report to the director as provided by the following section and to each city or town in his district. He shall account

for and pay into the treasury of each city or town monthly all fees received by virtue of his office in such city or town.

Sec. 37 (al920). Sealers to report to director.—Each sealer shall

annually, between the first and tenth days of December, report to the

director the weighing and measuring devices tested, sealed or con- demned by him, with an inventory of standards and working apparatus in possession of his town or district, and other information

required by the director.

Sec. 38 (al919). Sealer to be provided with duplicate sets of apothecaries' weights, etc.—Sealers shall, upon request to the director, be

provided, at the expense of their towns, with duplicate sets of apothecaries' weights and apothecaries' liquid measures described in section

three, to be used as standards in the towns where they are kept.

Sec. 39 (al914). Sealers accountable to towns for standards received.

Except as otherwise provided in section thirty-six each sealer shall

receive from his town treasurer a set of standards and a seal, and

shall give a receipt therefor, stating their condition when received;

and shall be accountable to such town for the preservation thereof

in like condition until returned to the treasurer.

Sec. 40 (al920). Sealer to have duplicate sets of weights.— sealer or deputy visiting the place of business of a person to test and seal weighing or measuring devices may use therefor suitable weights, measures and balances; and each town and district shall furnish

its sealer with one or more duplicate sets of weights, measures and

balances, which shall at all times be kept to conform to the standards provided by the commonwealth ; and all weighing or measuring

devices so sealed shall be deemed legally sealed, as if tested and sealed

with the standards.

Sec. 41, as amended by Acts, 1923, ch. 32, p. 15. Annual notice of

sealing.—Sealers shall annually give public notice, by advertisement

or by posting notices in one or more public places in their towns

or districts, to all inhabitants, or persons having usual places of

business therein, using weighing or measuring devices for the purpose of buying or selling goods, wares or merchandise, for public

weighing or for hire or reward, to bring them in to be tested, ad-
MASSACHUSETTS 357

justed and sealed. Such sealers shall attend in one or more convenient places, and shall adjust, seal or condemn such devices in accord- ance with the results of their tests, and shall make a record thereof.

Sec. 42, as amended by Acts, 1923, ch. 32, p. 15. Sealing at house or

store.—^After giving said notice, said sealers shall go to the houses,

stores, shops and vehicles of persons not complying therewith, and

shaU test and adjust, seal or condemn in accordance with the results of their tests, the weighing or measuring devices of such persons:

Provided^ That devices for determining the measurement of leather

bought, sold or offered for sale shall be tested at least semi-annually.

A person who neglects or refuses to exhibit his weighing or measuring devices to a sealer or deputy, or who hinders, obstructs or in any

way interferes with a sealer or deputy in the performance of duty,

shall be punished by a fine of not more than fifty dollars.

Sec. 43 (al917). Testing of devices registering price,—A sealer or deputy shall test all weighing or measuring devices having a device

for indicating or registering the price as well as the weight or measure of a commodit}^ offered for sale as to the correctness of

both weights or measures and values indicated by them.

Sec. 44 (1913). Testing of mechanical devices for measuring leather.

Devices used for determining the measurement of leather bought,

sold or offered for sale shall be tested as to the correctness of measures

indicated by them by a sealer of the town where they are used, and

the director may make such rules and regulations as he deems neces- sary to insure the greatest possible accuracy in the use of said devices.

Sec. 45 (al919). Testing of taximeters.—All devices used upon

vehicles for determining the cost of transportation shall be tested as

to the correctness of measures and values indicated by them, and the

director ma}^ make rules and regulations to insure accuracy in the use thereof. Any owner or operator of a taxicab or other vehicle

who refuses or neglects to comply with any rule or regulation

so made by the director shall be punished by a fine of ten dollars.

Sec. 46 (1920). Testing of devices used in standardizing production

and in determining wages, capacity of tanks, etc., and the accuracy of automatic devices.—The director may, if he deems it desirable, and

shall, upon request, test any weights, measures, instruments or mechanical devices of any kind used or intended to be used in standardizing the production of any manufactured article by controlling

processes or by determining the dimensions, proportions or properties of materials or products, in determining wages or compensation

for labor performed, in determining the dimensions or capacity of

any tank, can or other container, or in determining the accuracy of

any automatic weighing or measuring device. When any such

weight, measure, instrument or mechanical device has been tested

and found correct by the director, he may seal the same. If he jfinds

it inaccurate, he may, in his discretion, either condemn it or he may

furnish the owner or user with a certificate indicating the amount

and direction of any errors found by him. This section shall not

give to the said director or to his inspectors the power to seal any

of the devices which, on April twenty-ninth, nineteen hundred and

twenty, were required by law to be sealed by the local sealers throughout the Commonwealth.

Sec. 47 (al919). Annual testing of apothecaries' weights, etc.; exception.—Apothecaries and other persons dealing in or dispensing drugs,
358 LAWS CONCEENING WEIGHTS AND MEASTJEES

medicines or merchandise sold, dispensed or given away by apothecaries' weights or by apothecaries' liquid measure, shall, at least annually, cause the weights and measures so used to be tested and

sealed by the sealer in the town where they do business: Provided,

That a graduated glass measure once sealed by a sealer, or by the

manufacturer, need not be again sealed while remaining in the same

condition as when first sealed. The director shall establish specifications for graduated glass measures. "V^Tien a representative sample

of a graduated glass measure has been submitted to the director and

approved by him, as conforming to specifications, he shall assign a designating mark or number to be thereafter permanently affixed to such measures of the particular kind so approved. Graduated glass measures sealed hj the manufacturer shall be marked with his name,

initials or trade mark and by other marks required by the director.

The director maj^ revoke the authority so given to any manufacturer

under this section on proof that the authorized seal or designating

mark has been affixed to a measure not conforming to the approved

sample.

Sec. 48 (al914). Penalty.—Whoever sells or dispenses drugs, medicines or merchandise requiring the use of apothecaries' weights or

apothecaries' liquid measures or in the sale of which they are com- monly used, and does not have such weights and measures tested

under this chapter shall be punished by a fine of not less than five nor more than fifty dollars.

Sec. 49 (al920). Annual test of hay and coal scales.—Sealers shall go

once a year, rinii oftener if necessarj^, to each hay and coal scale and

other weighing or measuring device in their towns not easily or conveniently removed, and shall test, adjust and seal or condemn

them.

See. 50 (al876). Sealer to test upon request, etc.—^Whoever uses any

weighing or measuring devices may have them tested by the sealer

at any time upon request and the sealer shall seal or condemn the same in accordance with the results of his tests. Sec. 51 (1906). Sealing of glass milk bottles, etc.—When notified by

a dealer in milk or cream using glass bottles or jars for the distribution thereof that he has in his possession not less than six gross of

such bottles or jars not sealed, sealers shall forthwith seal them as provided in section fifteen, at a suitable place provided by the dealer.

Sec. 52 (al897). Sealer to test incorrect weights upon complaint.—If

a person informs a sealer that he has reasonable cause to believe, or

if such sealer has reasonable cause to believe, that any weighing or measuring device use 1 in the sale of a commodity in his town is in- correct, said sealer shall go where it is and shall test and mark it according to the result of the test ; and if it is incorrect and can not

be adjusted, he shall attach thereto a notice of that fact forbidding

its use until it conforms to the authorized standard. If a sealer has

reasonable cause to believe that any weighing or measuring device

has been altered since last adjusted and sealed, he shall enter the

premises where it is kept or used and examine it. Whoever uses a weighing or measuring device after refusing permission to a sealer

to test it shall be punished by a fine of not less than ten nor more

than one hundred dollars.

Sec. 53 (al919). Devices to be marked with stencil; notice; penalty.

If a sealer can not seal any weighing or measuring device in the
MASSACHUSETTS 359

usual manner, he may mark it with a stencil or by other suitable

means, showing that it has been inspected; and if a weighing or measuring device is so small as to render it impracticable to seal it in the usual manner, he shall give a certificate in a form approved

by the director, specifying each such weighing or measuring device

so tested ; but he shall in no case seal or mark as correct weighing or measuring devices not conforming to the standards. If such weighing or measuring device can be readily adjusted by means at hand,

he may adjust and seal it; but if not, he shall affix thereto a notice

forbidding its use until he is satisfied that it conforms to the standards; and whoever removes said notice without the consent of such

officer shall forfeit not more than fifty dollars, to be equally divided

between the town and the complainant.

Sec. 54 (al920). Sealer may seize measuring devices for evidence.—

sealer or deputy may seize without a warrant weighing or measuringdevices necessary to be used as evidence in cases of violation of the

laws relative to the sealing thereof; and they shall be returned to the owners or forfeited, as the coiirt directs.

Sec. 55 (al917). Seizure of illegal devices, etc.—A sealer or deputy

may seize weighing or measuring devices not conforming to legal

standards or not sealed as required by law ; and a person having in

his possession such weighing or measuring devices, with intent to use them in violation of law, shall be punished by a fine of not more

than fifty dollars; and such devices, upon order of a court, shall

be destroyed. Possession thereof shall be prima facie evidence of

intention to use them in violation of law.

Sec. 56 (al819). Fees of sealers.—Except as otherwise provided,

sealers shall receive the following fees for sealing the following

weighing or measuring devices

(a) Each scale with a weighing capacity of more than five thousand pounds, one dollar. (5) Each scale with a weighing capacity of one hundred to five thousand pounds, fifty cents.

(c) All other scales, balances, and measures on pumps, ten cents

each.

(d) All weights and other measures, three cents each.

They shall also receive reasonable compensation for necessary re- pairs, alterations and adjustments m_ade by them.

(e) Each taximeter, or measuring device used upon vehicles for

determining the cost of transportation, one dollar.

(/) Each machine or other device used for determining the meas- urement of leather, one dollar. (g) Milk bottles or jars, fifty cents per gross.

Sec. 57. Keport of commissioner of labor and industries.—The commissioner of labor and industries shall make an annual report of

the acts of the director of standards and of all facts required to be

reported to him under section six of chapter ninety-six. Gen. laws, 1921, Vol. 1, ch. 31, p. 129.

Sec. 4 (al920). Positions to be included in civil service; sealers of

weights and measures, etc.—The following, among others, shall be

included within the classified civil service by rules of the board

!f! * *
360 LAWS CONCERNING WEIGHTS AND MEASURES

All sealers and deputy sealers of weights and measures in towns

of over ten thousand inhabitants and in cities, whether such officers are heads of principal departments or not, and also the inspectors of

standards in the service of the Commonwealth ; * *

*

Gen. Laws, 1921, Vol. 1, ch. 94, p. 880.

Sec. 1 (al915). Inspection and sale of food, drugs and various

articles.—The following words as used in this chapter, unless the context otherwise requires, shall have the following meanings:

* * * Closed packages," in section one hundred to one hundred

and seven, inclusive, one hundred and nine, one hundred and ten, one hundred and twelve and one hundred and thirteen, a barrel, box,

or other container, the contents whereof can not be sufficiently in- spected without opening it. * * * " Commercial feeding stuff,"

in sections two hundred and twenty-live to two hundred and thirtyfive, inclusive, includes all feeding stulf used for feeding livestock

and poultr}'^ and containing not more than sixty per cent of water,

except whole seeds or grains, and also unmixed meals made directly

from the entire grains of corn, wheat, rye, barley, oats, buckwheat,

flaxseed, kafir, and milo, whole hays, whole straws, unground cotton

seed hulls and unground corn stover when unmixed with other materials. * * * u Food," in sections one hundred and fifty-four

to one hundred and fifty-six, inclusive, one hundred and eighty-one,

and one hundred and eighty-six to one hundred and ninety-six, in- clusive, includes all articles, whether simple, mixed or compound,

used for food or drink, confectionery or condiment, by man or animal. * * * "Label," in sections two hundred and twentyfive to two hundred and thirty-five, inclusive, a printed label required

by section two hundred and twenty-five, and in sections two hundred

and fift}^ to two hundred and fifty-four, inclusive, and two hundred

and fifty-six to two hundred and sixty-one, inclusive, a printed label

required by section two hundred and fifty. * *

*

Sec. 7, as amended by Acts, 1922, ch. 186, p. 214. Bread; standard

loaves; method of sale.—Except as provided in the following section,

bread shall not be manufactured for sale, sold, or offered or exposed

for sale otherwise than by weight, and shall be manufactured for

sale, sold, or offered or exposed for sale only in units of one pound,

one and one half pounds, or multiples of one pound. "When multiple

loaves are baked, each unit of the loaf shall conform to the Aveight

required b}^ this section. The weights herein specified shall mean

net weights not more than twelve hours after baking, or not more

than twelve hours after the sale and deliverj^ of such loaves by the

manufacturer or by his servant or agent. Such weights shall be

determined by the average weight of not less than six loaves: Provided. That such average weights shall be determined by the weight

of at least twelve loaves whenever such number of loaves is available

at the time and place of such weighing: And provided further., That

bread found upon any premises occupied for the manufacture of

bread for sale, or any bread found in the wagons, trucks, baskets,

boxes, or other delivery vehicles or receptacles owned or controlled

by the manufacturer of such bread, and being transported or delivered for sale, shall for the purposes of this section be deemed to have been baked within twelve hours unless such bread is marked.
MASSACHUSETTS 361

designated or segregated as stale bread, under regulations prescribed

by the director of standards.

Sec. 8, as amended by Acts, 1922, ch. 186, p. 214. Fancy bread, law not

applicable, when.—Unit weights, as defined in the preceding section, shall not apply to rolls or to fancy bread weighing less than four

ounces, nor to loaves bearing in plain position a plain statement of

the weight of the loaf and the name of the manufacturer thereof.

Such information shall be stated in case of wrapped bread, upon

the Avrapper of each loaf, and in the case of imwrapped bread by means of a pan impression or other mechanical means or upon a

label not larger than one by one and three quarters inches nor smaller

than one by one and one half inches. No label, attached to an un- wrapped loaf, shall be larger than provided herein, nor shall any

such label be affixed in an^^ manner or with any gum or paste which

is unsanitary or unwholesome. When an inspection of bread is made

at any bakery by the director or any inspector of standards or sealer

of weights and measures, the manufacturer of such bread, or his servants or agents shall, upon request of the official making such

inspection, inform hira whether such bread is manufactured for sale in any of the standard unit weights prescribed by the preceding sec- tion and, if not so manufactured for sale in such standard unit

weights, shall furnish such official with samples of the labels or wrappers intended to be used on all such loaves of other than standard unit weights.

Sec. 9, as amended by Acts, 1922, ch. 186, p. 214. Kules and regulations; tolerances; seizure without warrant.—The director of standards

shall prescribe such rules and regulations as are necessar}' to en- force the tAvo preceding sections, including reasonable tolerances or

variations within which all weights shall be kept : Provided, That

such tolerances or variations shall not exceed one ounce per pound

under the standard unit or marked weight. The said director,

and under his direction the local sealers of weights and measures,

shall cause this section to be enfoi-ced. They may seize without

warrant any bread which they may deem necessary to be used as evidence of A^olation of laAv, giving a receipt therefor, and sucli bread shall be returned to the owner or forfeited as the court may

direct. Before any prosecution is begun under this section by any

inspector of standards, the parties concerned shall be notified and

giA'en an opportunity to be heard before the director. Before any

prosecution is begun under this section by any sealer or deputy

sealer of weights and measures, the parties concerned shall be noti"

fi.ed and given an opportunity to be heard before the sealer and shali have the right of appeal to the director of standards: Provided, Tha!

such appeal is filed with said director in writing within five day^

from the finding of the local sealer. AVhen such appeal has been

entered no prosecution shall be begun until the charges haA^e been

reviewed by said director.

Sec. 10, as amended by Acts, 1922, ch. 186, p. 214. Violation; penalty.—

Whoever A^olates any provision of sections two to nine, inclusive, or of any rule or regulation adopted thereunder, or whoever fails or refiises to comply with any request for information made under

authority of said sections, shall be punished by a fine of not more

than one hundred dollars.
362 LAWS CON-CERNING WEIGHTS AND MEASUEES

Sec. 83 (1914). Sale of fresh fish at wholesale regulated; penalty.

All fresh food fish sold at Avholesale shall be sold by weight at the time

of deliver3^ Whoever violates this section shall be punished by a fine of not less than twentv-five nor more than one hundred dollars.

Sec. 84 (1837). Guintal weight of fish.—If fish are sold by the

quintal, it shall mean a quintal of one hundred pounds avoirdupois,

and all contracts relative to fish thus sold shall be so construed.

Sec. 85 (al919). Clam bait; contents of barrel, etc.—If clam bait is sold by the barrel, " barrel " shall mean a fish barrel of not less than

twenty-eight nor more than twenty-nine gallons, and containing

twenty-six gallons of clams and not more than three gallons of

pickle. If the purchaser and seller disagree as to the C[uantity in a

barrel, either party ma}' have it measured by the director of standards or a sealer of weights and meas^ures. If such barrel does not contain the said number of gallons of clams, the seller shall receive

payment for the number of gallons of clams it does contain, but

shall pay the expense of measiiring and coopering: otherwise tlie purchaser shall pay such expense.

Sec. 86 (1888). Fish to be weighed on request or demand.—All fish wlien landed from a vessel or boat shall be weighed by a public

weigher ^ of fish or his deputy, when so requested or demanded by

the buyer or seller of such fish or by the master, agent or a majority

of the crew of such vessel or boat : and said weigher shall issue a certificate of weight to the seller and a duplicate to the buyer.

Sec. 87. Record of weight, etc., to be kept.—Each deputy shall report

to such weigher the weight of fish weighed by him. and the w'eigher

shall keep a complete record of such weight with the date of weighing, the nam.e of the vessel from which the fish were taken and the

]ierson for whom they were weighed.

Sec. 88. Fees for weighing.—Tlie fees for weighing fish shall be

twenty cents per one thousand pounds, but in no case less than one

dollar, and shall be paid by the person applying to have the fish weighed. Each deputy shall pay to the weigher two cents per one thousand pounds for all fish weiched by him.

Sec. 96, as amended by Acts, 1922, ch. 355, p. 374. Fruits, nuts and

vegetables.—Except as otherwise provided in sections ninety-eight

and ninety-nine and in chapter ninety-nine, or except when sold in

the original standard container, all fruits, nuts, vegetables and grain

shall be sold at retail by avoirdupois weight or numerical count. The words " original standard container," as used in this section shall mean and include only barrels, boxes, baskets, hampers or similar

containers, the dimensions or capacity of which is established by

law of this Commonwealth or by act of Congress, the contents of

which have not been removed or repacked by the retailer, and upon

which is plainly and conspicuously marked the net quantity of the

contents thereof in terms of weight, measure or numerical count. This section shall not apply to the sale of apples I'epacked imder the

provisions of section one hundred and four nor to the sale, by the

bunch, of fresh beets, onions, turnips, rhubarb and other similar

A-egetables usually and customarily sold by the bunch. TVTioever

violates any of the provisions of this section shall be punished by a

fine of not more than ten dollars.

' Appointment of public weighers of flsh, see ch. 41.
MASSACHUSETTS 363

Sec. 98 (al920). Sale of certain berries regulated; penalty.—Baskets

or other receptacles holding one quart or less which are used or in- tended to be used in the sale of strawberries, blackberries, cherries,

currants, blueberries, raspberries or gooseberries shall be of the ca- pacity of one quart, one pint or one half pint, Massachusetts standard dry measure. Said baskets or other receptacles shall not be re- quired to be tested and sealed as provided by chapter ninety-eight,

but the sealer or deputy sealer of Aveights and measures of any town

or the director of Ktandards ma_y, if he so desires, and shall, upon

complaint, test the capacity of any basket or other receptacle in which

any of the aforesaid fruit is sold or intended to be sold; and if the same is found to contain less than the standard measure he shall seize the same and make complaint against the vendor.

Whoever sells or offers for sale a basket or other receptacle holding one quart or less to be used in the sale of any of the aforesaid

fruit which does not conform to said standard, and whoever sells or

offers for sale any of the aforesaid fruit in any basket or other re- ceptacle holding one quart or less which does not conform to said

standard shall be punished by a fine of not less than five nor more

than ten dollars.

Sec. 99, as amended by Acts, 1922, oh. 355, p. 374. Sale of certain

berries.—Berries, except cranberries, wlien sold shall, subject to the

preceding section, be measured by the strike or level measure.

Sec. 99A (1921). Standard box and half box for farm produce.—The

Massachusetts standard box for farm produce sold at wholesale, ex- cept as otherwise provided, shall contain two thousand one hundred

fifty and forty-two one-hundredths cubic inches and shall be of the

following dimensions b}'^ inside measurements: Seventeen and one- half inches in length by seventeen and one-half inches in width and

seven and one-sixteenth inches in depth. The Massachusetts standard half box for farm produce sold at wholesale shall contain one thousand seventy-five and twenty-one one-hundredths cubic inches

and shall be of the following dimensions by inside measurements:

Twelve and three-eighths inches in length by twelve and threeeighths inches in width and seven and one-sixteenth inches in depth.

When the above specified boxes are made of wood the ends shall be

not less than five-eighths inches in thickness and the sides and bottom

not less than three-eighths inclies in thickness. All such boxes and

half boxes of the dimensions specified herein shall be marked on at

least one outer side in bold, uncondensed capital letters, not less than

one inch in height : —Standard Box Farm Produce,—and,—Standard

Half Box Farm Produce,—respectively. Whoever marks or otherwise represents any box or half box to be a standard box or half box

for the sale of farm produce at wholesale shall, unless such box or half

box complies with every specification and requirement of this section,

be punished by a fine of not more than fifty dollars. The director

of standards in the department of labor and industries, his inspectors

and the sealers and deputy sealers of weights and measures in cities and towns shall enforce the provisions of this section.

Sec. 100 (1915). Standard barrel and box for apples.—The standard

barrel for apples shall be of the following dimensions when meas- ured without distension of its parts: Length of stave, twenty-eight

and one-half inches; diameter of heads, seventeen and one-eighth

inches; distance between heads, twenty-six inches; circumference of
364 ' lAWS CONCEENIKG WEIGHO^S AND MEASURES

bulge, sixty-four inches, outside measurement; and the thickness of

staves not greater than four-tentlis of an inch : Provided, That any

barrel of a different form having a capacity of seven thousand and

fifty-six cubic inches shall be a standard barrel. The standard box for apples shall be of the following dimensions

by inside measurement: Eighteen inches by eleven and one-half

inches by ten and one-half inches, without distension of its parts;

and shall have a capacity of not less than two thousand one hundred

and seventy-three and one-half cubic inches.

Sec. 104, as amended by Acts, 1924, ch. 119, p. 78. Closed packages,

how marked.—Each closed package of apples packed or repacked

within the Commonwealth and intended for sale within or without

the Commonwealth, shall be marked or branded at the time of packing, repacking or closing with a statement of the quantity of the

contents, except as hereinafter provided, the name and address of

the person by whose authority the apples were packed, * *

*

Sec. 105, as amended by Acts, 1924, ch. 119, p. 78. Branding and

marking of barrels.—The branding or marking of barrels under sec- tions one hundred and one to one hundred and seven, inclusive, and

one hundred and twelve shall be in block letters and figures of a size not less than thirty-six point gothic. The commissioner of agricul- ture shall prescribe rules and regulations as to the lettering to be

used in branding or marking other packages.

Sec. 115 (al911). Standard barrel and crate for cranberries.—The

legal and standard barrel for cranberries shall measure not less than twenty-five and one-fourth inches between the heads, inside;

the length of the staves shall be twenty-eight and one-half inches;

the diameter of the head shall be not less than sixteen and one- fourth inches, including the bevelled edge ; the outside bulge circumference shall measure not less than fifty-eight and one-half inches;

the thickness of the staves shall be not greater than four-tenths of an inch. The legal and standard crate for cranberries shall measure

seven and one-half inches, by twelve inches, by twenty-two inches,

inside, exclusive of any interior partition or support, and shall have

an interior capacity of one thousand nine hundred and eighty cubic

inches; but any square or oblong crate or box of different form,

but of as great interior capacity, shall be considered a legal and

standard crate.

Sec. 116. Provisions as to barrels and crates; penalty.—Each barrel,

crate, one-half crate or one-quarter crate used for the sale or delivei-y of cranberries shall be of the standard measure prescribed in

this or the preceding section, and shall be marked as therein required.

No person shall use any barrel, crate, one-half crate or one-quarter

crate for such sale or delivery, the capacity of which is less than that

of the corresponding standard package prescribed in the preceding

section. Sealers of weights and measures shall enforce this and

the preceding section. Whoever violates any provision of this or

the preceding section shall be punished by a fine of not more than

one hundred dollars. It shall be lawful to use for the sale and delivery of cranberries,

square or oblong packages which contain one-half crate or one- quarter crate, provided that such packages have an interior ca- pacity, exclusive of any partition or support, of nine hundred and
MASSACHUSETTS 365

ninety and of four hundred and ninety-five cubic inches, respectively. Xo barrel, crate, one-half crate or one-quarter crate, in- tended to be used for the sale or deliveiy of cranberries, except of

the standard measure specified in this section, and plainly marked

with the "words "Massachusetts Standard Measure," shall be manufactured or sold. Xo person shall so mark any barrel or other

package so used, or intended to be used, unless its interior capacity

is as great as the capacity herein specified for such package.

Xothing in this or the preceding section shall prohibit the use of

third, half and three-quarter barrels, as provided by United States

law.

Sec. 117. Sale of cranberries in packages.—It shall be lawful to use

for the sale and delivery of cranberries packages containing one, two or four pounds of cranberries, net weight: Provided^ That said net weight is plainly stamped on the top or side of each package.

Sec. 140 (1815). Weighers of beef; appointment.—In each town

where beef cattle are sold for the purpose of marketing or barreling, the mayor or selectmen shall appoint one or more persons, con- veniently situated in such town and not dealers in cattle, as weighers

of beef. Each such weigher shall be sworn to the faithful performance of his duties.

Sec. 141. Fees.—Fees for weighing cattle shall be paid by the

vendor and shall be twenty cents for each of the first five cattle, fif- teen cents for each of the second five, ten cents each from the eleventh

to the twentieth, inclusive, and five cents for each above twenty;

also twelve and one-half cents for each certificate, which shall contain the weight of each of the cattle weighed for one person imless

the vendor requests a division thereof.

Sec. 157 (al920). Sale of ice at retail regulated; penalty.—Whoever,

being engaged in the business of selling ice at retail, and not engaged

in the delivery of the same under a contract, refuses to sell from any

place or vehicle engaged in the regular distribution of ice at retail a piece of ice at the fair value thereof to any person other than an

ice dealer, shall, if such person tenders in payment therefor the

amount of five cents or any multiple thereof not more than fifty cents in legal money of the United State, be punished by a fine of not more than one hundred dollars.

Sec. 158. Ice dealers to have scales and to weigh ice; penalty.—-A

dealer in ice who refuses or neglects to provide scales for each vehicle used by him for the delivery of ice or who, upon request of a purchaser of ice, refuses or neglects to weigh the same when delivered, shall be punished by a fine of not more than fifty dollars.

Sec. 159 (1920). Penalty for refusal to weigh ice.—Whoever, having

charge of the delivery of ice from a vehicle, but not being a dealer

in ice, refuses upon the request of a purchaser of ice to weigh the same when it is delivered, shall be punished by a fine of not more

than ten dollars.

Sec. 172 (al914). Definition of barrel and hogshead.—The barrel

shall contain thirty-one and one-half gallons and the hogshead two

barrels : Provided, That in barrels and fractional parts thereof con- taining malt beverages a variation or tolerance of six per cent shall be permitted.

Sec. 174 (1880). Cental.—A cental or hundredweight shall be one hundred pounds.
366 LAWS CONCERNING "WEIGHTS AND MEASURES

Sec. 175 (al911). Barrel of flour.—A barrel of flour, measured by

weight, shall contain one hundred and ninety-six pounds.

Sec. 176 (al917). Sales by weight; definition of " weight penalty.—

"Weight" in a sale of commodities by weight shall mean the net weight of all coromodities so sold; and contracts concerning such

sales shall be so construed : Provided, That in respect to commodities

not intended for food or fuel reasonable tolerances or variations shall

be permitted in accordance with established trade customs. Violation hereof shall be punished by a fine of not more than one hundred

dollars.

Sec. 177, as amended by Acts, 1923, ch. 155, p. 147. Penalty for giving

false weight or measure.—Except as otherwise provided by section

two hundred and forty-eight, whoever, himself or by his servant or agent gives or attempts to give false or insufficient weight or measure

shall be punished for the first offence by a fine of not more than fifty

dollars, for the second offence by a fine of not more than two hundred

dollars, and for a subsequent offence by a fine of fifty dollars and by

imprisonment for not less than one nor more than three months.

Sec. 178 (1826). Rules for weighing; who are public weighers.—Each

public weigher of goods or commodities shall weigh them according

to section one hundred and seventy-six, and shall certify accordingly

;

and for each refusal or neglect he shall forfeit not more than ten

dollars. Each weigher of goods appointed by a town, and each

weigher for hire or reward, shall be a public weigher hereunder.

Sec. 179 (1863). Weighers of boilers, etc.—The mayor of a city or

the selectment of a town where boilers and heavy machinery are sold

shall appoint, and may remove, one or more persons, not engaged

in the manufacture or sale thereof, to be weighers of boilers and

heavy machinery, who shall be sworn. The appointing officer or board may fix their fees, which shall be paid by the seller. Sec. 180 (1914). Certain courts to have jurisdiction over prosecutions

concerning false weights and measures.—Complaints and prosecutions

for violations of law relating to the use or giving of false or insuffi- cient weight or measure may be commenced and prosecuted in a court having jurisdiction of the place to which the goods are shipped.

Sec. 181 (al919). Net quantity contained in food packages to be

marked thereon.—Subject to the variations, tolerances and exemptions provided for by the following section, no person shall himself

or by his agent or servant sell or offer for sale food in package form

unless the net quantity of the contents is plainly and conspicuously

marked on the outside of the package in terms of weight, measure or numerical count. This section shall not apply to retail sales of food

m^ade from bulk if the quantity is weighed, measured or counted at the time of such sale by the retailer, nor to the sale of milk, cream

or buttermilk in glass jars, as jDrovided by section fifteen of chapter

ninety-eight.

The director of standards shall enforce this and the three following

sections.

Sec. 182. Tolerances and exemptions.—The director of standards

shall adopt the variations, tolerances and exemptions established, or hereafter established by rules and regulations provided for by section

three of the act of Congress ^ mentioned in section one hundred and

2 34 Stat., ch. 3915, p. 768, ajid amendments thereof.
MASSACHUSETTS 367

ninety-two, with such further reasonable variations, tolerances and

exemptions not covered by the rules and regulations of said section

as he deems expedient.

Sec. 183 (1914). Penalty.—Whoever violates any provision of sec- tion one hundred and eighty-one shall for the first olfence be

punished by a fine of not less than ten nor more than fifty dollars,

and for a subsequent offence by a fine of not less than twenty-five nor more than one hundred dollars.

Sec. 184 (al919). Hearing before prosecution of guarantor.—Prosecutions under the preceding section shall not be commenced until the

party concerned is notified and given an opportunity to be heard before the director of standards. No dealer shall be prosecuted thereunder if he establishes a guaranty, signed by the wholesaler, jobber,

manufacturer, dealer or other person residing in the United States,

from Avhom he purchased such articles, that they are correctly

marked or labelled under section one hundred and eighty-one,

designating it, and containing the name and address of such vendor,

but in that case such guarantor shall be liable to prosecution and to the penalties provided by section one hundred and eighty-three. If

section one hundred and eighty-one has been violated and the guarantor is without the Commonwealth, no action shall be brought but

the director of standards shall report the facts to the proper national

authorities.

Sec. 219, as amended by Acts, 1922, ch. 355, p. 374. Weighers to be

appointed.—Mayors and selectmen shall annually appoint one or more weighers of grain, who shall be sworn to the faithful per- formance of theii: duty; and if only one is appointed by them, they

may authorize him to appoint deputy weighers.

Sec. 221, as amended by Acts, 1922, ch. 355, p. 374. [Fees of weighers.

The fees of weighers of grain and their deputies, if any are authorized, shall be prescribed by the aldermen or selectmen of the several

towns where they are appointed. One half of such fee shall be paid

by the seller and one half by the purchaser.

Sec. 222, as amended by Acts, 1922, ch. 355, p. 374. Certificate of sale by cental or hundredweight.—If any wheat, corn, rye, oats, barley,

buckwheat, cracked corn, ground corn or corn meal, ground rye or rye meal, or feed, or any other meal, is sold by the cental or hundredweight, the weigher or his deputy, on request of either party

to the contract, shall ascertain the weight thereof and shall give a

certificate of the number of centals or himdredweight of the same; and whoever sells and delivers a quantity of either of said articles exceeding one cental or hundredweight, if it has not been weighed

by such weigher or his deputy, shall forfeit to the purchaser ten

dollars for each lot purporting to be a cental or hundredweight which

contains less than one hundred pounds.

Sec. 224, as amended by Acts, 1932, ch. 355, p. 374. Penalty for false weights or collusion.—If a weigher or deputy weigher uses, or ha?

in his possession with intent to use, for the purposes provided in sec- tions two hundred and nineteen to two hundred and twenty-two, in- clusive, any false weight, scale, balance or other instrument for

weighing, or colludes with the purchaser or seller with intent to defraud the other party, or makes and utters a false and fraudulent

certificate under sections two hundred and nineteen to two hundred

517—26 24
368 LAWS CONCERNING WEIGHTS AND MEASURES

and twenty-two, inclusive, he may be removed from office by the

aldermen or selectmen, and shall also on conviction thereof be

punished by a fine of not more than five hundred dollars or by

imprisonment for not more than six months.

Sec. 225 (al912)- Tag or label affixed to commercial feeding stuff; form and contents.—Each package, lot or parcel of commercial feeding stuff sold or offered, exposed or kept for sale or distributed shall have affixed thereto in a conspicuous place, as provided in the following section, a tag or label containing a legible and plainly printed

statement in the English language clearly and truly certifying

(a) The weight of the contents of the package, lot or parcel;

(b) The name, brand or trade mark;

(c) The name and principal address of the manufacturer or person

responsible for placing the commodity on the market j * *

* Sec. 236 (1824). Weighers of hay.—If a town or the city coimcil of

a city accepts this section or has accepted corresponding provisions

of earlier laws, the mayor or selectmen may from time to time appoint, for a term not exceeding one year, and may at any time re- move, weighers of hay, who shall be sworn to the faithful performance of their duty and who shall have the superintendence of the

hay scales belonging to such city or town, and shall weigh hay of- fered for sale therein and any other article offered to be weighed.

Cities and towns may establish ordinances and by-laws for the regulation of hay scales and of the compensation of weighers of hay.

Whoever, not having been so appointed, sets up hay scales in a city or town for the purpose of weighing hay or other articles offered to be weighed shall forfeit to the use of such city or town twenty dollars

a month, so long as such scales are maintained.

Sec. 237 (1862). Sale of timothy, etc., seed, regulated; penalty..

Except as otherwise provided in chapter ninety-nine, all contracts for

the sale and delivery of timothy or herdsgrass seed shall be made by

avoirdupois weight. Whoever violates this section shall be punished

by a fine of not more than twenty dollars.

Sec. 238 (al920). Weighers of coal.—The mayor or selectmen shall annually appoint, and may remove, weighers of coal, one of whom

at least shall not be engaged in the business of selling coal, who shall be sworn to the faithful performance of their duty, and by whom

all coal shall be weighed. No person shall be ineligible for appointment in a town because of the fact that he is not a resident thereof,

notwithstanding any provisions to the contrary in any city charter.

Women shall be eligible for appointment as weighers of coal.

Sec. 239 (al830). Inspection, etc., of coal; ordinances and by-laws.

Towns may establish ordinances and by-laAvs, with suitable penalties,

for the inspection, survey, measurement and sale of coal brought

therein for sale, and may also provide for the appointment of the

proper officers therefor and may establish their fees.

Sec. 240, as amended by Acts, i923, ch. 198, p. 170. Coal and coke sold by weight, when.—Coal shall be sold by weight, and, except when sold

by cargo, two thousand pounds avoirdupois shall be the standard for

the ton. Coke and charcoal in any quantities shall be sold only by

weight or measure.

Sec. 241, as amended by Acts, 1923, ch. 196, p. 170. Sale of coal, coke

and charcoal in bags and baskets.—Coal in quantities of one hundred
MASSACHUSETTS 369

pounds or less shall be sold, by weight, and coke and charcoal in

quantities of one hundred pounds or less shall be sold by weight or measure, in bags, sacks or baskets, and until delivered shall be kept

in the same bags, sacks or baskets in which they were weighed or measured; and coal, coke and charcoal thus sold shall be exempt

from section two hundred and forty-four. When sold by weight,

such bags, sacks or baskets shall be plainly marked with the name of

the person who puts up the same and with the weight of the coal, coke

or charcoal therein in letters and numerals, respectively, of bold un- condensed type at least one inch in height. Paper bags or sacks used

in the sale of coal shall contain and shall be sold as containing

twenty-five pounds, avoirdupois weight.

Sec. 242 (al919). Baskets, etc., used in selling coke, etc., regulated.

Baskets or similar receptacles used in selling coke, charcoal or un- packed kindling wood by measure shall be of one bushel or multiple

thereof, Massachusetts standard dry measure, shall have their capacity plainly marked thereon, shall be sealed by a sealer of weights

and measures of the town or district where the vendor resides or conducts his business, and shall be filled at least level full when well

shaken.

Sec. 243 (al921). Paper bags, etc., used in sale of coke, etc., regulated.—Paper bags or sacks used or intended to be used in the sale of coke, charcoal or kindling wood by measure shall be not less than

twenty-five inches in height, not less than thirteen and one-half inches

in width, and the bottoms shall not be less than four and threequarters inches wide. They shall be filled to a point not more than

six inches from the upper end. Bags of unpacked kindling wood

or of coke or charcoal sold or ofl'ered for sale by measure shall contain, and shall be sold as containing, one-half bushel, Massachusetts

standard dry measure. Bags and sacks shall be plainly marked with

the name and business address of the person putting up the same, and the words " one half bushel " in bold, uncondensed, capital letters at least one inch in height. Whoever himself or by his servant or agent or as the servant or agent of another sells or offers for sale a paper bag or sack to be used in the sale of coke, charcoal or kindling

wood by measure which does not conform in every particular to the

requirements of this section shall be punished by a fine of not more

than one hundred dollars.

Sec. 244 (al910). Certificate of weight, etc.—Whoever, except as provided in section two hundred and forty-one, sells coke, charcoal

or coal by weight shall without cost to the purchaser cause the goods

to be weighed by a sworn weigher of the town where they are weighed, and shall cause to be signed by the weigher a certificate stating the name and place of business of the seller, and either the

identifying number, of which a permanent record shall be kept, or

the name of the person taking charge of the goods after the weighing

as given to the weigher on his request, the tare weight, and the quantity of the goods. Such certificate shall be given to said person and

shall be given by him only to the owner of the goods or his agent

when he unloads the same; and each such person, on request and

without charge therefor, shall permit any sealer of weights and

measures of any town to examine the certificate and to make a copy

thereof.
370 LAWS CONCERNING WEIGHTS AND MEASUBES

Sec. 245. Sealer may direct goods to be weighed.—A sealer of weights

and measures of a town where any quantity of coke, charcoal or coal

for delivery is found may direct the person in charge of the goods

to convey the same without delay or charge to scales designated by

such sealer, who shall there determine the quantity of the goods, and,

if they are not in baskets or bags as required by section two hundred and forty-one, shall determine their weight together with the

tare weight, and shall direct said person to return to such scales immediately after unloading the goods; and upon such return, the

sealer shall determine the tare weight. The scales designated by the

sealer as aforesaid may be the public scales of the town or any other

scales therein which have been duly tested and sealed, and shall be

such scales as in his judgment are most convenient.

Sec. 246 (1901). Eecord to be kept of weights and measures.—Each

sealer of weights and measures of a town and each sworn weigher

shall keep in a book used by him solely for that purpose a record of

all baskets sealed by him as aforesaid, and of all weighings and determinations of quantities of coke, charcoal or coal made by him as aforesaid. Such record shall be made at the time of measuring or weighing, and shall state the day and hour of the measuring or weighing, the name and place of business of the vendor, the name

of the owner of the baskets or of the purchaser of the goods as given

to him on his request by the person taking charge of the baskets or goods after weighing or measuring, the capacity of the baskets

measured or quantity of goods determined, and the name of said

person; and, in the case of a reweighing as provided in the preceding section, shall state the weight as given in the certificate and as determined by him. No charge shall be made by any such sealer for

an3'thing done under this and the two preceding sections.

Sec. 247 (al919). Edgings and kindling wood, sale of.—Edgings or kindling wood shall not be sold in bundles unless the same are closely

packed and are not less than twenty-seven inches in circumference.

Kindling wood may be sold in bulk by the load ; but if impacked shall not be sold unless by measure and, if exceeding six inches in length,

shall not be sold in bags or sacks.

Sec. 248, as amended by Acts, 1923, ch. 155, p. 147. Penalties; enforce- ment of law.—Wlioever violates any provision of sections two hundred and forty to two hundred and forty-seven, inclusive, except as otherwise provided therein, or fails to comply with any request for

information or direction made under authority of sections two hundred and forty, two hundred and forty-one, two hundred and fortyfour to two hundred and forty-six, inclusive, or gives a false answer

to any such request, shall be punished by a fine of not more than fifty

dollars ; and whoever is guilty of fraud or deceit as to the weighing,

selling or delivering of coke, charcoal or coal, or whoever, by himself, or by his servant, agent or employee, sells or delivers coal which

is short in weight or measure or which contains an unreasonable

amount of shale, slate, rock or other foreign substance, shall be

punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. The director of

standards and local sealers of weights and measures shall cause sec- tions two hundred and forty to two hundred and forty-nine, inclusive, to be enforced.
MASSACHUSETTS 371

Sec. 249 (al920). Penalty for having illegal coal, etc., measures.

A vendor of coal, coke, charcoal or kindling wood, who has in his possession a basket, bag, sack or other measure which does not conform in

every particular to the requirements respecting such measure, with

intent to use or permit it to be used in measuring coal, coke, charcoal or kindling wood sold or offered for sale, shaU be punished by a fine of

not more than twenty dollars, and such basket, bag, sack or measure

shall be destroyed.

Sec. 249A, as enacted by Acts, 1923, ch. 155, p. 147. Inspection of

coal.—The department of public health, local boards of health, the

director of standards and local sealers of weights and measures, by

themselves or by their authorized agents, may enter each place where

coal is stored or kept for sale and each railroad train or car or any

vehicle used for its conveyance and may inspect said coal or take therefrom samples for analysis or inspection. Said department or board

shall cause each sample taken to be analyzed, inspected or otherwise

satisfactorily tested and shall record and preserve as evidence the

results thereof. If, in the opinion of said department or board, upon

inspection, analysis or other satisfactory test, said coal is unfit for

ordinary use, said department, or said board with the approval of said

department, may condemn, seize and cause the same to be destroyed

forthwith or disposed of otherwise than for ordinary use. All money

received by said department or board for coal disposed of as aforesaid, after deducting the expenses of said seizure and disposal, shall

be paid to the owner of such coal.

Sec. 249B, as enacted by Acts, 1923, ch. 155, p. 147. Hindering or obstructing an oiB.cial; penalty Any person who hinders, obstructs or

interferes with the department of public health, local boards of health,

the director of standards, local sealers of weights and measures, or

their authorized agents, in the performance of their duty under the

preceding section, shall be punished by a fine of not less than one hundred nor more than one thousand dollars or by imprisonment for

not less than one month nor more than one year, or both.

Sec. 249C, as enacted by Acts, 1923, ch. 155, p, 147. Offering con- demned coal for sale ; penalty,—Whoever, by himself, or by his servant,

agent or employee, sells, exposes or offers for sale, or has in his cus- tody or possession with intent to sell, coal condemned under the provisions of section two hundred and forty-nine A shall be punished by

a fine of not less than one hundred nor more than one thousand dollars or by imprisonment for not less than one month nor more than

one year, or both.

Sec. 249D, as enacted by Acts, 1923, ch. 155, p. 147. Offering unfit coal

for sale; penalty.—Whoever, by himself, or by his servant, agent or employee, sells, exposes or offers for sale, or has in his custody or

possession with intent to sell, coal unfit for ordinary use shall be

punished by a fine of not more than one thousand dollars or by

imprisonment for not more than one year, or both.

Sec. 249E, as enacted by Acts, 1923, ch. 155, p. 147. Selling coal with

unreasonable amount of foreign matter ; penalty.—Whoever, by himself, or by his servant, agent or employee, in placing or packing coal in

any basket, bag, sack or other receptacle, places or causes to be placed

therein any foreign substance, or sells, or exposes or offers for sale, or has in his custody or possession with intent to sell, coal placed or packed in a basket, bag, sack or other receptacle containing an un-
372 LAWS CONCERNING WEIGHTS AND MEASURES

reasonable amount of any foreign substance shall be punished by a

fine of not more than one thousand dollars or by imprisonment for

not more than one year, or both.

Sec. 249P, as enacted l3y Acts, 1923, ch. 155, p. 147. Enforcement.

The department of public health, local boards of health, the director

of standards and local sealers of weights and measures shall cause the

five preceding sections to be enforced.

Sec. 250 (alBll). Commercial fertilizers, weight to be marked on

label.—No commercial fertilizer shall be sold or offered or exposed

for sale without a plainly printed label accompanying it, displayed

in the manner hereinafter set forth, and truly stating the following

particulars

1. The number of pounds of the fertilizer sold or offered or ex- posed for sale.

2. The name, brand or trade mark under which the fertilizer is sold, * *

*

3. The name and principal address of the manufacturer, importer

or other person putting the fertilizer on the market in the Commonwealth. * * *

Sec. 265 (al920). ftuahty of lime and casks.—No stone lime manufactured within the Commonwealth shall be sold or exposed for sale, or shipped on board a vessel in casks, unless it is well burnt and

pure, in good and sufficient new casks containing either one hundred

and eighty or two hundred and eighty pounds each, made of well

seasoned heads and staves, with ten good and sufficient hoops on each

cask, well driven and sufficiently secured with nails or pins.

Sec. 266 (1809). Penalty for sale, etc., of certain lime.—Whoever

sells, exposes for sale, ships or receives on board a vessel in casks,

any lime manufactured in the Commonwealth, other than such as is contained in casks made according to the preceding section and

marked or branded as provided in section two hundred and sixtythree, shall be punished by a fine of one dollar and fifty cents for each

cask sold, exposed for sale, shipped or received on board a vessel; but sections two hundred and sixty-two to two hundred and sixtyeight, inclusive, shall not restrain any person from retailing lime by

the bushel or other quantit3^ when not in casks.

Sec. 269 (al862). Survey of marble, etc.—The aldermen of a city or selectmen of a town may establish regulations, with suitable penalties,

relative to the appointment of a surveyor and the survey and meas- urement of marble, soapstone and freestone of every description,

foreign or domestic, which is imported or brought into such city or town for sale.

Sec. 278 (al892). Nails and brads, how to be made and packed.

Wrought, cut or wire nails and brads of all sizes manufactured

in the Commonwealth shall be well made, packed free from waste

pieces of iron unless they are refuse nails or brads, and free from any

fraudulent mixture increasing the weight, in strong and sufficient casks of seasoned timber, well liooped, containing not more than

three hundred pounds each.

Sec. 279. Casks, how to be branded.—Each cask of wrought, cut or wire nails or brads shall be marked or branded on the head by the

naanufacturer, in plain, legible letters in the English language, with

his name and the net weight of the contents of the cask.
MASSACHUSETTS 373

Sec. 280. Penalty for selling, etc., casks, etc., of nails, etc., not

branded.—If a cask, package or quantity of wrought, cut or wire

nails or brads, manufactured in the Commonwealth or elsewhere and

not branded or marked as provided in the preceding section, is offered or exposed for sale within the Commonwealth or put on board a vessel or vehicle, unless to be carried out of the Commonwealth, it shall be forfeited.

Sec. 281. Penalty for counterfeiting a brand, etc.—Whoever counterfeits a brand used or intended to be used for the purpose of marking

a cask of nails or brads, or destroys or alters a mark or impression

made by another's brand on a cask of wrought, cut or wire nails or brads, and causes a different impression by such counterfeit brand

to be marked or impressed thereon, or shifts any such nails or brads

from one branded cask to another and thereby avails himself of another's brand, shall forfeit twenty dollars.

Sec. 282. Disposition of forfeitures.—All forfeitures recovered under

the two preceding sections shall be divided equally between the

informer and the Commonwealth.

Sec. 283 (1920). Slot machines and other automatic devices, use of, regulated.—No person shall maintain any slot machine or other auto- matic device, except gas meters, electric meters and telephones,

which, upon the deposit therein of any coin or other article of value,

furnishes music or other entertainment, exhibits pictures, provides

facilities for weighing, supplies any merchandise or other thing, or renders any service, or is represented to do or perform any of the

above-mentioned things, unless such machine or device is of a type

approved by the director of standards; but no person maintaining

such machine or device with respect to which, or to the operation,

service or supplies of which, there is any element of chance shall be

protected or be entitled to immunity from prosecution because of

such approval.

Sec. 284. Penalty.—Whoever installs or maintains a machine or

device mentioned in the preceding section which is of a type not

approved as therein provided shall, if such machine or device fails properly to respond to the insertion or deposit therein of a coin or

other article of value, be punished by a fine of not more than

twenty-five dollars.

Sec. 285 (al880) . Sewing thread to be labelled.—Each manufacturer

of cotton, linen or silk sewing thread, and each person engaged in

putting up such thread on spools, or in packages of four ounces weight or less not wound on spools, shall, before the same is offered

for sale, affix to or impress upon each spool of such thread, and upon

each package of such thread not wound on spools, a label or stamp

plainly and conspicuously designating the quantity of thread which

such spool or package contains, either by giving the length in yards

or by giving the weight.

Sec. 286 (al878). Penalty for neglect to affix label.—Each person

referred to in the preceding section who neglects to affix a correct

label to or to impress a correct stamp upon each spool and package

of thread, or who affixes to or impresses upon, or causes or suffers to be affixed to or impressed upon any spool or package of thread

intended for sale, a label or stamp specifying that such spool or package contains a greater number of yards or a greater quantity
374 LAWS CONCERNIKG WEIGHTS AND MEASURES

of thread by five per cent than such spool or package does contain,

shall forfeit five dollars for each spool or package so without a label or stamp or so falsely labelled or stamped which is sold or delivered

to any person to be sold; one half to the use of the Commonwealth

and one half to the use of the person who sues therefor.

Sec. 287 (al880). Penalty for selling tia-ead falsely labelled.—A merchant, jobber or trader who sells or offers for sale cotton, linen or

sill? sewing thread, put up either on spools, or in packages of the

weight of four ounces or less not wound on spools, which is not

labelled or stamped, or which is falsely labelled or stamped as re- gards length or quantity by an amount greater than five per cent

of the true length or quantity, shall be liable to the penalty provided

in the preceding; section.

Sec. 288 (1878). Certain bobbins exempted.—The three preceding

sections shall not apply to ready wound bobbins of thread adapted

for use in sewing machine shuttles.

Sec. 296 (al796). Measurers of wood and bark.—A town and the

city council of a city shall annually choose one or more measurers of

Avood and bark, who shall be sworn to the faithful performance of

their duties and shall hold office during the year and until others

are chosen and qualified in their stead. A town, by vote fixing the

number to be chosen, may delegate the appointment of such measurers to the selectmen.

Sec. 297 (al920). Measurers may act in adjoining town.—Such measurers may, in the manner prescribed for measurers of lumber in

section eight of chapter ninetj^-six, be licensed to act in a town adjoining that iur Vi hich they are elected or appointed.

Sec. 298 (al921). Cord wood, dimensions of. —Cord wood exposed for

sale shall be four feet in length, including half the kerf. The term

"firewood" shall be construed to mean and include wood cut to any

lengths of less than four feet. The standard unit of measure for

cord wood or firewood shall be the "cord" of one hundred and

twenty-eight cubic feet consisting of or equivalent to a pile, closely

stacked, eight feet in length, four feet in width and four feet in

height.

Sec. 299 (al921). Penalty for selling wood, etc=, not measured.—"Whoever, except as otherwise provided, sells cord wood or firewood, shall cause a certificate or memorandimi to be issued and delivered to the

purchaser or his agent at the tim_e of delivery of the wood, or as soon thereafter as practicable. Such certificate or memorandum

shall include the names and addresses of the seller and of the purchaser, and a statement of the quantity of wood delivered, in terms

of cords or of cubic feet. T^Tioever violates any provision of this or the preceding section shall be punished by a fine of not more than

fifty dollars.

Sec. 300 (al796). Fees of measurers.—Measurers of wood and bark

shall be entitled to such fees for their services as the aldermen or selectmen shall establish ; and the fees shall in each case be paid to the measurer by the driver and shall be repaid by the purchaser.

Sec. 301 (al830). Measurement of water-borne wood.—Cord wood

brought by water into a town for sale, and landed, shall be measured

by a public measurer ; and for that purpose the wood shall be corded

and piled by itself in ranges, making up in height what is wanting
MASSACHUSETTS 375

In length, and, being so measured, a ticket shall be given to the purchaser, who shall pay the stated fees for such service. Towns may

establish ordinances and by-laws, with suitable penalties, for the

inspection, survey, measurement and sale of wood and bark for fuel

brought therein for sale, and may also provide for the appointment

of inspectors, surveyors and other officers and establish their fees.

Sec. 302 (1799). Tickets showing quantity in load; certain sections not to apply.—Each whai-finger, carter or driver who conveys fire- wood or bark from a wharf or landing place shall be furnished by

the owner or seller with a ticket certifying the quantity which the

load contains and the name of the driver ; and if firewood or bark is thus conveyed without such ticket accompanying the same, or if a driver refuses to produce and show such ticket to any sworn measurer on demand, or to give his consent to have the same measured, or if such ticket certifies a greater quantity of wood or bark than the load

contains in the opinion of such measurer after measuring the same,

the driver and owner shall for each load thereof severally forfeit five dollars. Sections two hundred and ninety-six to three hundred and

three, inclusive, shall not apply to a person who transports or carts or causes to be transported or carted from a wharf or landing place

to his own dwelling house or store cord wood or bark which he has

purchased on a wharf or landing place, or which he has landed

thereon upon his own account.

See. 303 (al891). Inspection and sale of bark, slabs, etc.—The city

council of a city may establish ordinances, with suitable penalties

not exceeding five dollars for any one violation thereof, for the

regulation of the sale of prepared wood, slabs and edgings for fuel,

when sold by the load, and for the inspection, survey, measurement

and sale of bark for fuel or manufacturing purposes brought into

said city for sale, whether the same is exposed for sale in ranges or upon a vehicle; and said city may provide for the appointment of

such surveyors, inspectors and other officers as may be necessarj' to carry into effect said ordinances and may establish their fees.

Sec. 305 (1919). Penalty for fraud in packing certain commodities,

Whoever, with intent to defraud or injure, in baling or in packing

in any container any commodity sold by weight, including wool,

leather, cotton, waste, rags and paper, places therein any substance

foreign to the contents thereof shall be punished for the first offence

by a fine of not more than one hundred clollars, for the second offence

by a fine of not more than two hundred dollars, and for a subsequent

offence by a fine of fifty dollars and imprisonment for not less than

one nor more than three months.

Gen. Laws, 1921, Vol. 1, ch. 96, p. 955.

Sec. 7 (al920) . Measurers of lumber in cities and towns.—Towns may

annually elect one or more measurers of lumber, who shall be sworn

to the faithful performance of their duties, and cities may by

ordinance provide for the annual appointment of such measurers.

Sec. 8. Measurers may be licensed to act in adjoining towns.—A measurer of lumber in any town may apply to the selectmen of an adjoining town for a license to measure lumber therein, and if the

selectmen are of the opinion that it will be for the public convenience

they may, upon payment of a fee not exceeding one dollar, grant

such license, and may limit the territory in which such license may
376 LAWS CONCERNING WEIGHTS AND MEASURES

be exercised. Such a license shall remain in force while the licensee

holds the office of measurer in the town for which he was chosen,

but not later than the next annual town meeting of said town.

Sec. 9, as amended by Acts, 1924, ch. 258, p. 241. Penalty for fraud

in surveying.—A measurer of lumber for any city or town who is guilty of or connives at a fraud or deceit in measuring, marking or numbering the contents of any kind of wood or lumber, or who, when

lawfully requested, refuses without good reason to measure lumber,

shall be punished by a fine of not less than fifty nor more than two

hundred dollars.

Sec. 10, as amended by Acts, 1924, ch. 258, p. 241. Penalty for fraud

of purchaser or seller.—A seller or purchaser of lumber who induces or attempts to induce a measurer to make a false measurement shall be punished by a fine of not less (han fifty nor moi-e than two

hundred dollars.

Sec. 11, as amended by Acts, 1924, ch. 258, p. 241. Penalty for misrepresentation of authority.—Whoever without authority represents himself to be an official measurer of lumber of any city or town shall be

punished by a fine or not less than fift}'^ nor more than two hundred

dollars. Gen. Laws, 1921, Vol. 1, ch. 41, p. 309.

Sec. 85 (1918). Weighers, measurers and surveyors of commodities;

appointment, qualification and term of office.—The mayor or the select- men, on the written request of any person engaged in buying, selling or transporting goods or commodities which require weighing, sur- veying or measuring, shall appoint weighers, measurers or surveyors

of such goods or commodities, who shall be sworn before entering

upon their duties, shall serve for one year, and may be removed at any time b}^ the appointing authority. At least one such Aveigher. measurer and surveyor in each town shall not be engaged in the business of buying, selling or transporting the goods or commodities

weighed, measured or surveyed by him, but no person shall be in- eligible for appointment because of sex or because of residence else- where than in the town where appointed, notwithstanding any provisions to the contrary in any general or special act. Sec. 86 (al919). Duties and obligations.—All persons appointed

under the preceding section shall keep accurate records, in the form

prescribed by the director of standards, of all weighings, measure- ments or surveys made by them, which shall at all reasonable times

be open to inspection by said director and his inspectors and by the

local sealer of weights and measures. If any person so appointed

shall wilfulh^ misrepresent the weight, quantity or measurements of

any goods weighed, measured or surveyed by him, he shall be punished by a fine of not more than one hundred dollars.

Sec. 87 (1918). Not to affect weighers of particular commodities.

The two preceding sections shall not affect the provisions of law for

the appointment of weighers, measurers or surveyors of particular

commodities.

Sec. 88 (1888). Weighers of fish.—The mayor of each city, and the

selectmen of each town, where salt-water fish are landed from vessels, shall annually appoint a public weigher of fish, to hold office for one year from the time of his appointment and until his successor is appointed, who shall be sworn to the faithful performance of his
MASSACHUSETTS 377

official duties and shall give bond, with sureties, in the sum of five thousand dollars.

Sec. 89. Deputy weighers.—A public weigher of fish may appoint,

subject to the approval of the mayor or the chairman of the select- men, deputy weighers, for whose official conduct he shall be answerable, who shall be sworn, and from each of whom such weigher shall require a bond, with sureties, in the sum of one thousand dollars. The weigher and his deputies shall not be interested directly or in- directly in the buying or selling of fish. Sec. 90. Penalty for violating oath of office.—A weigher or any of his

deputies who violates his oath of office shall be punished by a fine of

not less than twenty-five nor more than one hundred dollars, and

shall forfeit his office. Gen. Laws, 1921, Vol. 2, ch. 142, p. 1454.

Sec. 17 (1916). Marking, sale, etc., of range boilers.—No range boiler

shaU be sold or offered for sale unless its capacity is plainly

marked thereon in terms of Massachusetts standard liquid measure, and with the maker's business name, in such manner as to be easily

identified.

Sec. 19 (al917). Penalty; inspectors of plumbing shall enforce.

Whoever sells or offers or exposes for sale any range boiler not marked

or stamped as provided in the two preceding sections, or which is falsely marked as having a capacity which is greater by seven and

one-half pgr cent than its true capacity, or who marks or causes the same to be marked with such false capacity, shall be punished by a

fine not exceeding fifty dollars. The inspectors of plumbing within

their respective cities and towns shall cause this and the two preceding sections to be enforced.

Sec. 20 (1916). Certain range boilers exempt.—This act shall not

apply to the sale or offering for sale of installed range boilers or

to the sale or offering for sale of range boilers as junk.

Gen. Laws, 1921, Vol. 1, ch. 95, p. 954.

Sec. 1 (al919). Measurers of leather, appointment, etc.—The mayor

of a city or the selectmen of a town, upon the request of two or more

voters thereof, shall annually appoint one or more measurers of

leather who have been certified by the director of standards as fit persons for such appointment, and Avho shall be sworn to the faithful

performance of their duty. The director of standards may at any

time, for cause, revoke such certificate of fitness, and such revocation shall immediately render such appointment void.

Sec. 2 (al913). Measurers may act in any city or town.—A measurer

of leather for one town may measure leather in any other town.

Sec. 3. Duties of measurer.—-Each measurer, upon request, shall go

to any place within the town for which he is appointed and there

ascertain the area of each skin or side or other portion of leather

submitted to him. For this purpose, he shall use only such racks, measures or mechanical devices as have been legally tested and sealed,

and shall mark or cause each skin or side or other portion of leather

to be marked with indelible figures giving the measurement thereof

in square feet, including fractions as small as one-quarter of a foot. After the area of any skin or side or other portion of leather has

been determined as aforesaid, it shall be permissible to add one-quar-
378 LAWS CONCERNING WEIGHTS AND MEASTTBES

ter of a foot to such measurement for any remaining fraction greater

than one-eighth of a foot; but no such remaining fraction of less than one-eighth of a foot shall be added or included in such measurement.

Sec. 4. Penalty for selling leather not measured, etc.—Whoever sells or offers leather for sale hj measure shall cause the same to be

measured by a sworn measurer unless such leather has previously

been measured by a sworn measurer of a town in the Commonwealth,

or by some person lawfully appointed therefor in any other State, or unless the measurement thereof has been expressly waived in

writing by the buyer and seller thereof. WTioever violates this sec- tion shall be punished by a fine of not less than ten nor more than

fifty dollars.

Sec. 5. Penalty for altering or counterfeiting meas\ims' marks.

Whoever counterfeits or causes to be counterfeited, or, not being

a sworn measurer, alters or defaces with intent to deceive, a measurer's marks on a skin or side or other portion of leather shall be

punished by a fine of twenty-five dollars. Gen. Laws, 1921, Vol. 1, ch. 97, p. 957.

Sec. 3 (1871). Annual test of surveyors' apparatus; penalty.—All

apparatus for linear measurements used by a land surveyor shall be

annually tested and proved by the sealer of weights and measures

in the town where such survej'or resides or has his office, and all chains,

tapes or other apparatus used for linear measurements which can not

be made to conform to the standard shall be marked condemned,"

or " CD," by said sealer, and any surveyor who thereafter uses for

measuring land any such apparatus shall be punished by a fine of

twenty dollars.

Sec. 4. Appointment of person other than sealer to make test.—The

maj^or and aldermen of a city or the selectmen of a town may aj)point a suitable person, other than the sealer of weights and measures, to

test, prove and mark the measuring apparatus of land surveyors.

Sec. 5. Tests to be based on State standards.—-The standards used for

such tests shall be based upon and shall correspond to the standards

furnished by the Com_monwealth to sealers of weights and measures.

Sec. 6. Fees for testing-,—The fees for such testing and proof of

each article of apparatus shall be twenty-five cents, and shall be

paid by the person presenting the apparatus for test. Gen. Laws, 1921, Vol. 2, ch. 253, p. 2629.

Sec. 63 (al795). Millers to keep scales, etc. —A miller occupying

and using a grist mill who neglects to provide himself with scales and weights or a vibrating steelyard to weigh corn, grain and meal

to and from the mill, when required, or who refuses so to weigh corn, grain or meal when required, shall for each olfence forfeit to any

person who sues therefor not more than five dollars. Gen. Laws, 1921, Vol. 1, ch. 101, p. 975.

Sec. 1, as amended by Acts, 1923, ch. 102, p. 53. Transient vendor defined.—" Transient vendor " for the purposes of this chapter shall mean and include any person, either principal or agent, who engages

in a temporary or transient business in the Commonwealth, either
MASSACHUSETTS 379

in one locality or in traveling from place to place selling goods, wares or merchandise.

" Temporary or transient business " for the purposes of this

chapter shall mean and include any exhibition and sale of goods, wares or merchandise which is carried on in any tent, booth, building or other structure, unless such place is open for business during

usual business hours for a period of at least nine months in each

year.

See. 2, as amended by Acts, 1923, cli. 102, p. 53. Limit of application of chapter.—The provisions of this chapter relative to transient vendors

shall not apply to sales by commercial travelers or by selling agents

to dealers in the usual course of business, or to bona fide sales at wholesale of goods, wares or merchandise by sample for future

delivery, or to sales of goods, v/ares or merchandise by any person,

whether principal or agent, who engages in temporary or transient

business in any town in which taxes have been assessed upon his

stock in trade during the current year, or to hawkers and peddlers as defined in section thirteen, nor shall they affect the right of any

town to pass ordinances or by-lav\'s authorized by law relative to transient vendors. No transient vendor shall be relieved or ex- empted from the provisions and requirements of this chapter rela- tive to transient vendors by reason of associating himself temporarily with any local dealer, trader or merchant, or by conducting such temporary or transient business in connection with or as a part of the business of, or in the name of any local dealer, trader

or merchant.

Sec. 3 (al920). State license, deposit and fee,—Every person intending to become a transient vendor, whether as principal or agent, shall,

before commencing business in the Commonwealth, make written application, under oath, for a State license to the director of standards,

in this chapter called the director, stating the names and residences

of 'the owners or parties in whose interest said business is to be con- ducted, and shall make a special deposit of five hundred dollars with

the director or shall give a bond in the sum of five hundred dollars,

payable to the director and his successors, with sureties approved by

the director, conditioned upon (1) compliance with the provisions of

this chapter relative to transient vendors, (2) payment of all fines or penalties incurred hj him through violations of such pi'ovisions,

and (3) pa3''ment or satisfaction of any judgment obtained against

him in behalf of any creditor whose claim arises in connection with

the business done under the licensee's State license and who, before

the expiration of sixty days from the return or surrender of said

license or the filing of an affidavit of its loss, shall have given due

notice of his claim to the director. Thereupon, upon the payment

of a fee of twenty-five dollars, the director shall issue to him a State

license authorizing him to do business as a transient vendoy. Such

license shall expire one year from the date thereof or on the day of

its surrender or of the filing of an affidavit of its loss, if it is earlier

surrendered or if such affidavit is earlier filed. Such license shall contain a copy of the application therefor and of any statements

required under section seven, and shall not be transferable. It shall not authorize more than one person to sell goods, wares or merchandise as a transient vendor either by agent or clerk or in any
380 LAWS CONCEENING WEIGHTS AND MEASURES

other way than in his own proper person, but a licensee may have the

assistance of one or more persons in conducting his business who may

aid him but not act for or without him.

Sec. 4 (al919). Application for license to be filed.—The director shall keep on file all applications for such licenses and a record of all licenses issued thereon. All files and records of the director and of

the respective town clerks shall be in convenient form and open to public inspection.

Sec. 5 (al920). Local license and fee.—Every transient vendor, before

making any sales of goods, wares or merchandise in a town, shall make

application to the aldermen or selectmen or other board authorized

to issue such licenses and, unless the fee therefor is fixed as hereinafter provided, shall file with them a true statement, under oath, of

the average quantity and value of the stock of goods, wares and merchandise kept or intended to be kept or exposed by him for sale. Said board shall submit such statement to the assessors of the town,

who after such examination and inquiry as they deem necessary, shall

determine such average quantity and value, and shall forthwith

transmit a certificate thereof to said board. Thereupon the board

shall authorize the town clerk, upon the payment by the applicant

of a fee equal to the taxes assessable in said town under the last pre- ceding tax levy therein upon an amount of property of the same valuation, to issue to him a license authorizing the sale of such goods, wares and merchandise within the town. The board may, however,

authorize the issue of such license without the filing of said statement

as aforesaid, upon the payment of a license fee fixed by it. Upon

payment of such fee, said town clerk shall thereupon issue such

license, which shall remain in force so long as the licensee shall con- tinuously keep and expose for sale in such town such stock of goods, wares or merchandise, but not later than the first day of April fol- lowing its date. Upon such payment and proof of payment of all other license fees, if any, chargeable upon local sales, such town clerk

shall record the State license of such transient vendor in full, shall

endorse thereon " local license fees paid " and shall affix thereto his

official signature and the date of such endorsement.

Sec. 6. Penalty for neglect to file statement.—Any transient vendor

who neglects or refuses to file the statement described in the preceding section, if required by the aldermen, selectmen or other like

board, or makes a false or fraudulent representation therein, shall be

punished by a fine of not less than five nor more than twenty dollars

for each day on which he keeps or exposes for sale any goods, wares

or merchandise.

Sec. 7. Bankrupt sales, etc., regulated.—No transient vendor shall

advertise, represent or hold forth any sale as an insurance, bankrupt,

insolvent, assignee's, trustee's, executor's, administrator's, receiver's,

wholes^e, manufacturers' wholesale or closing-out sale, or as a sale of any goods damaged by smoke, fire, water or otherwise or in any

similar form, without first making a sworn statement to the director,

either in the original application for a State license or in a supplementary application, of all the facts relating to the reasons for and

character of such special sale so advertised or represented, and of

the names of the persons from whom the goods, wares or merchandise were obtained, the date of delivery to the person applying for
MASSACHUSETTS 381

or holding the license, the place from which said goods, wares or merchandise were last taken, and all details necessary to exactly

locate and fully identify all such goods, wares or merchandise.

Sec. 8. Selling without license, etc., prohibited.—No transient vendor

shall sell or expose for sale, at public or private sale, any goods, wares or merchandise without State and local licenses therefor,

properly endorsed, nor shall any person, either principal or agent,

advertise by circular, hand-bUl, newspaper or in any other manner

any such unlicensed sales. No transient vendor shall file any application, original or supplementary, containing any false statement.

Sec. 9 (al902). Penalty.—Violations of section seven or eight shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than two months, or both.

Sec. 10 (1890). Action for recovery of local license fee.—If a person

liable for the license fee required by section five refuses or neglects to pay the same after demand by the clerk of the town in which he in- tends to sell goods, wares and merchandise, the clerk may maintain an

action of contract therefor in his own name for the benefit of such

town.

Sec. 11 (al920). Return, surrender of license and filing certificate of

its loss.—Upon the expiration and return, or surrender before expiration, of each State license, the director shall cancel the same, endorse

the date of return or surrender thereon, and place the same on file. If a license is lost he may accept in lieu of the return or surrender

thereof an affidavit to that effect, which shall be so endorsed and

filed. He shall hold the special deposit of the licensee for sixty days

after the return or surrender of the license or the filing of such

affidavit and, after satisfying or making provision in accordance with

the following section for all claims made upon the same under said

section, shall return the surplus, if any, to said licensee; or, if said

licensee has given a bond in lieu of said deposit, the director shall,

after said sixty days and after all claims made under the following

section have been satisfied or settled, cancel said bond and notify

said licensee and the surety on said bond.

Sec. 12 (al919). Special deposit and bond attachable, when.—Each

deposit made with the director shall, during the term of the licensee's license and for sixty days after the return or surrender thereof or the

filing of an affidavit of its loss, be subject to attachment and execution

in behalf of any creditor of the licensee whose claim arises in connection with the business done under his State license and who gives

notice of such claim to the director during such period, and the direc- tor may be held to answer as trustee, under the trustee process, in any

civil action in contract or tort brought against said licensee for such

claim and shall pay over upon execution such amount of money as he may be chargeable with upon his answer. Said deposit shall also be subject to the payment of any fine or penalty imposed on the

licensee for violation of any provision of the eleven preceding sec- tions; provided, that written notice of the name of said licensee

and of the amount of such fine or penalty is given during such period

to the director by the clerk of the court in which, or the trial justice

by whom, such fine or penalty was imposed. No payment of any

part of said deposit shall be made to the licensee unless so much

thereof is retained as is required to discharge all claims, fines and
382 LAWS CONCERNING WEIGHTS AND MEASUBES

penalties of wliich notices liare been given to the director as herein

provided and which remain undecided or unpaid. Upon the giving

of notice as herein provided, a bond given in lieu of such deposit may

be put in suit by any such creditor to recover the amount of such

claim or b}^ any such clerk of court or trial justice to recover the

amount of such fine or penalty. If the licensee has made a deposit,

the director shall, until said deposit is exhausted, pay or make provision for the payment of all such claims, fines and penalties in the

order in which notices thereof were received by him. If the licensee

has given a bond, the order in which persons entitled to all such

claims, fines and penalties shall recover on the bond shall, until the

penal sum of the bond is exhausted, be determined by the order in

which notices thereof were repeived by the director.

Sec. 13 (al920). Definition of "hawker" and " peddler."—Except as hereinafter expressly provided, the terms " hawker " and " peddler " as used in this chapter shall mean and include any person, either principal or agent, who goes from town to town or from place to place in the same town selling or bartering, or carrying for sale or barter or ex- posing therefor, any goods, wares or merchandise, either on foot, on

or from any animal or vehicle.

Sec. 14. Hawker or peddler prohibited from selling, etc.—A hawker or peddler who sells or barters or carries for sale or barter or exposes

therefor any goods, wares or merchandise, except as permitted by

this chapter, shall forfeit not more than two hundred dollars, to be

equally divided between the Commonwealth and the town in which

the offence was committed.

Sec. 15. Limit of application. —The provisions of this chapter relat- ing to hawkers and peddlers shall not apply to wholesalers or jobbers

having a permanent place of business in the Commonwealth and sell- ing to dealers only, nor to commercial agents or other persons selling

by sample, lists, catalogues or otherwise for future delivery, nor to any person who peddles only fish obtained by his own labor or that of

his family, fruits, A^egetables or other farm products raised or produced by himself or his family, nor to persons selling articles for

charitable purposes under section thiily-three.

Sec. 16 (al916). Selling of certain articles prohibited.—The sale by

hawkers or pedcllers of jewelry, furs, wines, spirituous liquors and

playing cards is prohibited.

Sec. 17, as amended by Acts, 1923, ch. 285, p. 259. Selling of certain

articles permitted without a license, etc.—Hawkers and peddlers may

sell without a license books, newspapers, pamphlets, fuel except

coal and coke, provisions, yeast, ice, live animals, brooms, agricultural implements, hand tools used in making boots and shoes, gas

or electric fixtures and appliances, flowering plants and all flowers,

fruits, nuts and berries that are imcultivated. The aldermen or selectmen may by regulations, not inconsistent with this chapter,

regulate the sale or barter, and the carrying for sale or barter or exposing therefor, by hawkers and peddlers, of said articles without

the payment of any fee; may in like manner require hawkers and

peddlers of fish, fruit and vegetables to be licensed except as otherwise provided, and may make regulations governing the same, provided that tlie license fee does not exceed that prescribed by

section twenty-two for a license embracing the same territorial
MASSACHUSETTS 383

limits ; and may in like manner affix penalties for violations of such

regulations not to exceed the sum of twenty dollars for each such

violation. A hawker and peddler of fish, fruit and vegetables

licensed under this section need not be licensed under section twentytwo.

Sec. 18 (al920). Prohibition of sale without license.—Articles other

than those the sale of which is licensed, or permitted without a license,

under the preceding section, and not prohibited by section sixteen, shall not be sold by hawkers or peddlers imless duly licensed as hereinafter provided.

Sec. 19. Regulation of trade of bootblack and sales by minors.—The

aldermen or selectmen may make regulations consistent with the

general laws relative to the exercise of the trade of bootblacking

by minors, and to the sale or barter by minors of any goods, wares or merchandise the sale of which is permitted without a license by

section seventeen, and may prohibit such trade or such sales, or may

require a minor to obtain from them a permit therefor to be issued on terms and conditions prescribed in such regulations : Provided^

That in the case of girls under the age of eighteen years and of

boys under the age of sixteen years the foregoing powers in cities shall be vested in and exerciied by the school committee. No jjermit

issued to a minor under this section nor badge issued to him under

sections sixty-nine to seventy-three, inclusive, of chapter one hundred and forty-nine shall authorize the sale by a minor of any

article, other than those enumerated in section seventeen. A minor

who sells such article or exercises such trade without a permit, if one is required, or who violates the conditions of his permit or any provision of said regulations, shall be punished by a fine of

not more than ten dollars.

Sec. 20. No person to permit or aid minor in violating certain provisions.—No person, having a minor under his control, shall knowingly permit him to violate any provision of section nineteen, nor

shall any person procure or employ a minor to commit any such

violation, nor shall any person, either for himself or as agent of any

other person, furnish or sell to a minor any article the sale of which

is permitted without a license by section seventeen, with knowledge

that he intends to sell it in violation of section nineteen, or after

having received written notice to that effect from the school committee or any officer charged with the enforcement of said section

nineteen. Violation of this section shall be punished by a fine of

not more than two himdred dollars or by imprisonment for not more than six months.

Sec. 21. No person to permit or aid minor in violating certain other

provisions.—Whoever employs a minor in, or, having the care or custody of a minor, permits him to engage in, hawking or peddling

without a permit or license, if one is required, or, for himself or as agent of any other person, furnishes or sells to a minor any article with knowledge that he intends to sell such article in violation of

the provisions of this chapter relative to hawkers and peddlers, shall be punished by a fiine of not more than two hundred dollars, to be

equally divided between the Commonwealth and the town in which

the offense was committed, or by imprisonment for not more than

six months.

517—26 ^25
384 LAWS CONCEENING WEIGHTS AND MEASURES

See. 23. Hawkers' and peddlers' licenses.—The director may grant a

license to go about carrying for sale or barter, exposing therefor and

selling or bartering any goods, wares or merchandise, the sale of

which is not prohibited by section sixteen, to any person who files in

his office a certificate signed by the mayor or by a majority of the

selectmen, stating that to the best of his or their knowledge and

belief the applicant therein named is of good repute as to morals

and integrity, and is, or has declared his intention to become, a

citizen of the United States. The mayor or selectmen, before granting such certificate, shall require the applicant to make oath that

he is the person named therein, and that he is, or has declared his

intention to become, a citizen of the United States. The oath shall

be certified by an officer duly qualified to administer oaths and shall

accompany the certificate. The director shall cause to be inserted

in every such license the amount of the license fee and the name of

the town for which it is issued. The licensee may go about carrying

for sale or barter, exposing therefor and selling or bartering in any

town mentioned in his license any fish, fruits, vegetables or other

goods, wares or merchandise, not prohibited in section sixteen, upon

payment to the director of the following fees: For each town con- taining not more than one thousand inhabitants, according to the

then latest census. State or national, four dollars ; for each town con- taining more than one thousand and not more than two thousand

inhabitants, seven dollars; for each town containing more than

two thousand and not more than three thousand inhabitants, nine

dollars ; for each town containing more than three thousand and not more than four thousand inhabitants, eleven dollars; and for each

city and each other town, eleven dollars, and one dollar for every one thousand inhabitants thereof over four thousand; but the fee

shall in no case exceed twenty-six dollars, and the amount paid shall

be certified on the face of the license. The director shall retain one

dollar for every city and town named in each of the above described

licenses, and shall pay over to the respective cities and towns at

least semiannually the balance of said fees so received. The director

may grant, as aforesaid, special State licenses upon payment by the

applicant of fifty dollars for each license; and the licensee may go

about carrying for sale or barter, exposing therefor and selling or bartering in any city or town in the Commonwealth any fish, fruits,

vegetables, or other goods, wares or merchandise, the sale of which

is not prohibited by statute.

Sec. 23. County licenses.—^The director may also grant as aforesaid

special county licenses for each county mentioned therein; and the

licensee may go about carrying for sale or barter, exposing therefor

and selling or bartering within such county any goods, wares or merchandise manufactured by himself or by his employer and not prohibited by section sixteen, upon paying to the director the amounts

following: For Suffolk, Essex, Middlesex and Worcester, each, five dollars; for Norfolk, Plymouth, Bristol, Berkshire and Hampden,

each, four dollars; for Franklin, Hampshire and Barnstable, each,

three dollars; and for Dukes County and Nantucket, each, two dollars. The license shall describe the manufactured articles to be sold or bartered under it and shall not authorize the sale or barter of any other

article by the licensee. The director shall retain one dollar for every
MASSACHUSETTS 385

county named in each of the above described licenses, and shall pay

OA^er to the treasm-ers of the respective counties at least semi-annually the balance of said fees so received.

Sec. 24 (1919). License to veterans without fees.—The director may

grant without fee, on proof of identity, a special State or county

license to act as hawker or peddler, subject otherwise to this chapter,

to any soldier or sailor resident in the Commonwealth who served in the Army or Navy of the United States during the World War and

received an honorable discharge or a release therefrom, and who is wholly or partly disabled by reason of wounds or injury received, or disease contracted, during such service.

Sec. 25 (al919). Transfer of licenses.—A license granted under sec- tion twenty-two may be transferred by the director, upon application

therefor and upon evidence furnished by the applicant like that re- quired for granting a license. The transferee shall thereafter be

liable in all respects as if he were the original licensee, and no per- son shall thereafter sell under such license except the person named

in such transfer.

Sec. 26 (al920). Records, etc., of licenses to hawkers and peddlers.

The director shall keep a record of all licenses to hawkers and peddlers granted by him, with the number of each, the name and residence

of the licensee, and the counties, cities and towns, if any, mentioned

therein, and of all transfers of licenses; and all such records shall be open to pubhc inspection. The provisions of this chapter relating

to hawkers and peddlers, or a synopsis thereof, shall be printed on

every such license. All such licenses shall bear the date of their

issue and shall continue in force for one year from that date.

Sec. 27 (al919). Endorsing license, production thereof and use of badges, etc.—Every person licensed as a hawker or peddler shall

endorse his usual signature upon his license. He shall produce his

license for inspection whenever demanded by a mayor, alderman,

selectman, director or inspector of standards, sealer of weights and

measures, city or town treasurer or clerk, constable, police officer or

justice of the peace ; and if he fails so to do, he shall be subject to the same penalty as if he had no hcense. The director shall, at the ex- pense of the licensee, provide a badge for each foot peddler and plates or tags for each pack, parcel or vehicle used in hawking or peddling.

Such badges, plates or tags shall bear the number of the license, the

word " peddler," and such other information as the director may deem

necessary. Each foot peddler shall wear his badge in a conspicuous

place. Each wagon or other vehicle shall bear the name of the

licensee plainly inscribed or painted on the body of the vehicle, and

shall also have attached to the front or side of the vehicle, in a place

where it may readily and plainly be seen, the plate or tag provided

by the director with the license number attached thereto.

Sec. 28 (al916). Effect of licenses on prosecution.—No license issued

to a hawker or peddler shall defeat or bar a prosecution against the

licensee, if it is proved that he sold or bartered, carried for sale or

barter or exposed therefor, any articles, except such as are permitted

without a license by section seventeen, in a place in which he was not

licensed to sell. Sec. 29 (1852). Peddlers, etc., licensed as auctioneers.—No hawker or

peddler, holding an auctioneer's license, shall sell or expose for sale by public auction any goods, wares or merchandise in any town other
386 liAWS CONCERNING WEIGHTS AND MEASUEES

than that from whose authorities such license was obtained, nor

in any place in such town not expressly described therein.

Sec. 30, as amended by Acts, 1923, ch. 154, p. 147. Revocation of

licenses.—^Any license granted by the director to a hawker or peddler

may be revoked by him upon conviction of the licensee of any crime

which in the judgment of the director warrants such revocation, or upon the submission to the director of evidence satisfactory to him

that the licensee has, during the term of the license, accepted or

solicited money otherwise than through the bona fide sale or barter

of goods, wares or merchandise or has in any manner during said

term begged or solicited alms from the public. Whenever any person

is convicted of a violation of any provision of this chapter, relative to hawkers and peddlers, or a person holding such a license is convicted of any crime, the clerk of the court in which, or the trial justice by whom, such person was convicted shall notify the director.

Sec. 31 (al920). Counterfeiting licenses, etc.—Whoever counterfeits or forges a license, or has a counterfeited or forged license in his possession with intent to utter or use the same as true, knowing it to be

false or counterfeit, or attempts to sell under a license which has ex- pired or has been revoked or cancelled, or which has not been issued or transferred to him, or has in his possession another's license with in- tent to use the same, shall be punished by a fine of not more than one thousand dollars.

Sec. 32 (al919). Prosecutors.—The director and inspectors of standards and, within their respective towns, sealers or deputy sealers of

weights and measures, constables and police officers shall arrest and

prosecute every hawker and peddler, and transient vendor, whom they

may have reason to believe guilty of violating any provision of this

chapter.

Sec. 33 (1916). Temporary licenses to sell articles for charitable

purposes.—The overseers of the poor in any city or the selectmen in

any town may, under such conditions as they may deem proper, grant

to any organization engaged exclusively in charitable work a special

license authorizing it, upon a particular day and for a charitable purpose named in such license, to sell, through its accredited agents in the

streets and other public places within such city or town, or in any

designated part thereof, flags, badges, medals, buttons, flowers, sou- venirs and similar small articles : Provided^ That no person under

sixteen years of age shall be accredited as such agent, that each agent

shall wear in plain sight while engaged in selling such articles a

badge, provided by such organization and approved by the authority

issuing the license, bearing upon it the name of such organization

and the date on which the license is to be exercised, and that no such

agent shall be authorized to make or attempt to make such sales in front of any private premises against the objection of the owner

or occupant thereof. The exercise of the licenses hereby provided

for shall be subject to the provisions of all statutes, ordinances, bylaws, rules and regulations not inconsistent herewith.

Gen. Laws, 1921, Vol. 1, ch. 99, p. 971.

Sec. 1 (al919). Metric system authorized.—The weights and measures of the metric system may be employed and used in the Commonwealth, and no contract or dealing shall be deemed invalid and no

pleading in any court shall be open to objection because the weights
MASSACHUSETTS 387

or measures are stated therein in terms of the metric system: Provided, That the carat weight of two hundred milligrams, and its multiples and subdivisions, shall be the sole legal standard for the buying and selling of diamonds and other precious stones. The metric

weights and measures received from the United States and now in

the custody of the director of standards may be used as authorized

standards, and shall in no case be removed from his custody except

when necessary for their preservation or repair.

Sec. 2 (1887). Tables of measurements.—The following tables shall

be recognized in the construction of contracts and in legal proceedings as establishing in terms of the metric system the equivalents of

the other weights and measures expressed therein and may also be

used for computing, determining and expressing in customary

weights

*******

and measures the weights and measures of the metric system.^

Sec. 3 (al919). Buties of director of standards and town treasurers.

The duties of the director of standards and the duties and responsibilities of the treasurer of each town, with respect to the keeping,

care, verification and use of the standard weights and measures of

the metric sj'^stem, shall be .the same as those established by law with

respect to other standard weights and measures.

See. 4. Sealing of metric weights and measures.—The director of

standards may verify, adjust and seal all metric weights and measures brought to him for that purpose. The sealer of weights and measures in each town which has received the standard metric weights and

measures shall verify, adjust and seal all metric weights and measures brought to him for that purpose from within the county in

which such town is situated, and he shall receive a reasonable compensation therefor ; but he shall claim no fees for any sealing, verification or adjustment for the performance of which he may otherwise receive compensation by salary paid by the town.

Sec. 5 (1877). Duties of persons using metric system.—Every person

who uses weights or measures of the metric system for the purpose

of selling any goods, wares, merchandise or other commodities shall

have them adjusted, sealed and recorded by an authorized sealer of

weights and measures, and shall thereafter be responsible for the

correctness and exactness of the same ; and every person who illegally or fraudulently uses the metric weights or measures shall be liable to the same penalty to which he would have been liable if he had used

other weights and measures.

Gen, Laws, 1921, Vol. 1, ch. 94, p. 880.

Sec. 25 (al920). Eegulating the use of utensils for testing milk and

cream.—No bottle, pipette or other measuring glass or utensil shall be used by any inspector of milk, or by any person in any milk

inspection laboratory, in determining, by the Babcock or other cen- trifugal machine, the composition of milk or cream for the purposes

of inspection, or by any person in any place in determining, by the

Babcock or other centrifugal machine, the composition or value of

milk or cream as a basis for payment in buying or selling, until

such measuring glass or utensil has been tested for accuracy and

"Here follow the conversion tables es adopted by Congress. See United States I^ws, p. 8.
388 LAWS CONCEENING WEIGHTS AND MEASURES

verified by the director, or by his duly designated deputy. Each

such bottle, pipette or other measuring glass or utensil shall be

submitted to the said director by the owner or user thereof, to be

tested for accuracy, before the same is used for such purposes. As a

fee for making the test, the owner or user shall pay to the said

director a sum not exceeding five cents for each bottle, pipette, or other measuring glass or utensil tested. Each measuring glass or

utensil so tested and verified or found inaccurate shall be marked

accordingly by the director or by his said deputy. No such meas- uring glass or utensil so marked inaccurate shall be used in determining the composition or value of milk or cream.

Sec. 26 (al912). Inspection by the director of the Massachusetts

Experiment Station; certificates for inspection to be issued by the

director.—Each Babcock or other centrifugal machine used by an

inspector of milk or by a person in a milk inspection laboratory for

determining the composition of milk or cream for purposes of in- spection, or by a person in any place, for determining the composition or value of milk or cream as a basis for payment in buying or

selling, shall be inspected at least once in each year by the director or by his inspector or deputy. The owner or user of any such cen- trifugal machine shall pay to the director as a fee for making each

such annual inspection the actual cost thereof.

Each Babcock or other centrifugal machine used as aforesaid

which, in the opinion of the director, his inspector or deputy is not

in condition to give accurate results, may be condemned by him.

No Babcock or other centrifugal machine so condemned shall be

used for determining the composition or value of milk or cream as aforesaid, unless such machine is corrected to the satisfactijon of

the director, his inspector or deputy, and approved by him.

Gen. Laws, 1921, Vol. 1, ch. 25, p. 96.

Sec. 13 (al916). Inspectors, appointment, duties, etc.—The commission * shall appoint an inspector and one or more assistant inspectors

of gas and gas meters for such terms of office as it may deem proper.

Such inspectors shall be sworn to the faithful performance of their

official duties and they and the deputy inspectors provided for in the

following section shall not be pecuniarily interested, directly or in- directly, in the manufacture or sale of gas, or gas meters, or of any

other article or commodity used by gas companies or used for any

purpose connected with the consumption of gas or with gas companies, and they shall not give certificates or written opinions to makers or vendors of any such articles or commodities.

Gen. Laws, 1921, Vol. 2, ch. 164, p. 1804.

Sec. 103 (al914). Powers and duties of inspectors.—The inspector and

assistant inspectors of gas and gas meters appointed under section

thirteen of chapter twenty-five, subject to rules and regulations pre- scribed by the department, shall make the inspections of gas required

by section one hundred and nine ® and inspect, examine, ascertain and

prove the accuracy of all meters which are to be used for meaj-uring

illuminating gas and which are to be furnished to, or for the use of,

* The department of public utilities is under the superrisio^ and control of a commission of Ave members.

5 Sec. 109 relates to standard of purity.
MASSACHUSETTS 389

any consumer or company, and shall seal, stamp or mark every such

meter, if it be found correct, with some suitable device to be determined by the department and recorded in the office of the State

secretary. A meter shall not be stamped correct if it varies more

than two per cent from the standard. The department shall keep a

correct record of all meters examined by said inspectors with their

proof at the time of examination, which shall be open at all times

for examination by the officers of any gas company in the Commonwealth. The inspectors shall also perform such other duties and

make such reports of their doings as the department may require.

Sec. 104 (al920). Eees for testing gas meters.—For examining, comparing and testing gas meters, with or without stamping them, the

department may collect a fee of twenty-five cents for each meter

delivering not more than a cubic foot of gas in four revolutions,

vibrations or complete repetitions of its action, and for each meter

so delivering more than a cubic foot, a fee of thirty cents, with

twenty cents added for every additional cubic foot so delivered. For

examining, comparing, testing or calibrating meter provers and test of photometer meters, with or without sealing or certifying to the same, the department may collect such fees as it may from time to time prescribe. The department shall designate one of its employees

to receive all fees collected under this section and section one hundred

and twenty, and he shall give bond to the State treasurer in the sum

of five thousand dollars.

Sec. 108 (1916). Companies to provide calorimeter.—Every gas com- pany or municipal lighting plant which distributes and sells to its consumers over fifteen million cubic feet of gas in a year shall, when

required by the department, provide and maintain a suitable room

not less than a quarter of a mile from the gas works with a calorimeter of a type and construction approved by the department, which

shall be open at all reasonable times to the inspector and assistant

inspectors of gas.

Sec. Ill (al918). Unit of measure for sale of gas.—The unit of measure for the sale of gas by meter shall be the cubic foot, con- taining sixty-two and two thousand nine hundred and ninety-three

ten thousandths pounds avoirdupois weight of air-free distilled water

at sixty degrees Fahrenheit when weighed in dry air at the same

temperature and at a barometric pressure of thirty inches of mercury.

See. 112 (al914). Companies, etc., to provide meter provers.—Every

gas company with a capital paid in of one hundred thousand

dollars or more, and every other gas company, if required by the department, and all makers and vendors of meters shall set up at some

convenient place upon their premises one or more meter provers of

a size and type approved, tested and calibrated by the department,

by means of which meters may be tested.

Sec. 113. Penalty for using meters not tested,—A gas company providing a meter for measuring gas supplied to a customer which, if never before used, has not been duly sealed and stamped, or, if opened after being sealed and stamped, has not been again tested,

sealed and stamped, shall be punished by a fine of five dollars for

every such meter in use, payable to the city or town where the meter

is situatecl,
390 LAWS CONCERNING WEIGHTS AND MEASUBES

Sec. 114. Testing gas meters in use.—Meters in use shall be tested hy

the inspector or by one of his assistants or by a deputy, on the request

of the consumer or of the gas company, in the presence of the con- sumer if desired, and with sealed apparatus. If he finds that the

meter is correct, the person requesting the inspection shall pay the

fees for such inspection and the expense of removing the meter for

the purpose of being tested, and the reinspection shall be stamped

on the meter. If he finds that the meter is incorrect, the gas com- pany shall pay such expenses and shall furnish a new meter without

charge to the consumer.

Sec. 115. Gas meters to register plainly.—^Meters for measuring gas

supplied to consumers shall register the quantity of gas passing

through them in cubic feet so that the number of cubic feet of gas

consumed may be easily ascertained by the consiimer thereof. No

meter shall be used which may confuse or deceive the consumer in

ascertaining the price he pays per thousand cubic feet or the number

of cubic feet consumed.

Sec. 117. Customer to be given meter reading.—When a gas or electric meter in a building owned or used by a customer of a gas or

electric company is read by an emplo3''ee or agent of such company,

he shall, upon request, deliver to the person using the gas or elec- tricity measured hj the meter a written statement of the amount

recorded by the meter at that time.

Sec. 118. Electric meters to register plainly.—Meters for measuring

electricity for lighting purposes supplied to consumers shall register

the quantity of electricity passing through them in kilowatt hours,

so that the number of kilowatt hours consumed may easily be ascer- tained by the consumer.

Sec. 120. Testing electric meters in use.—A customer of a corporation subject to this chapter, or such corporation, may apply to the

department for an examination and test of any electric meter, demand indicator, so called, and any other device or appliance in- stalled by such corporation upon a customer's premises and used by

such corporation to determine the charge to the customer for its service. The department shall forthwith cause such examination

and test as in its judgment is practicable and reasonable to be made

by a cornpetent and disinterested person, and shall furnish to the

corporation and to the customer a certificate of the result and

expense thereof. If, upon such examination and test, it appears

that the appliance does not register correctly, the department may

order the corporation to correct or remove such meter, demand

indicator or other device or appliance and to substitute a correct meter, demand indicator or other device or appliance therefor. All

fees for examinations and tests shall in the first instance be paid

by the person or corporation making application therefor; but if the examination or test is made at the request of a customer, and

the meter is found to be incorrect because too fast, the corporation

shall pay such fees to the department, to be repaid by it to the

applicant. A meter shall be deemed correct for the purposes of

this section if it appears from such examination or test that it does

not vary more than five per cent from the standard approved by

the department. This section shall not authorize or prohibit differ- ential prices for electricity supplied by any such company.
MASSACHUSETTS 391

Sec. 121. Inspection of electric meters, expense and registration

thereof.—The person designated to make such examination and test may at any reasonable time enter upon the premises where the meter

to be inspected is placed for the purpose of making the inspection.

He shall receive such compensation for his services as the department may determine, together with his necessary travelling and

other expenses, which shall be audited by the department and paid

by the Commonwealth; but the total amount of compensation and

expenses shall not exceed three thousand dollars in any year; and

if the total amoxmt of such compensation and expenses shall in

any year exceed the amount of the fees received for such examinations and tests, the excess shall be assessed and recovered from the

electric companies in the manner now provided for the assessment

and recovery of the other expenses of the department. The department may establish such rules and regulations, fix such standards,

prescribe such fees, and employ such means and methods in, and in

connection with, such examinations and tests of electric meters as

it deems most practicable, expedient and economical. The department may purchase such materials, apparatus, and standard measuring instruments for such examinations and tests as it deems

necessary.

Sec. 122. Penalty for use of incorrect electric meter, etc.—Whoever,

being engaged in the sale of electricity, maintains upon the premises

of a customer for the purpose of determining the charge to be made

for electricity supplied to him a meter, demand indicator or other

mechanical device or appliance which is found upon examination

and test, as provided in section one hundred and twenty, to register

incorrectly as against such customer, shall refimd to him such an amount as, if not agreed upon, shall, upon application of the customer

and after opportunity given to the vendor to be heard, be determined

by the department.
MICHIGAN

Acts, 1921, Act. 13, p. 17.

Sec. 2.—The State department of agriculture shall exercise the

powers and perform the duties now vested by law in the department

of animal industry, the State food and drug commissioner. * * * Comp. laws, 1915, Vol. 2, oh. 120, p. 2307.

Sec, 6234 (1913). State standards.—The weights and measures

received from the United States under a resolution of Congress

approved June fourteen, eighteen hundred thirty-six, and such new

weights and shall be received from the United States

as standard weights and measures in addition thereto or in renewal

thereof, and such as shall be supplied by the State in conformity

therewith and certified by the National Bureau of Standards, shall

be the State standards, by which all county and municipal standards

of weights and measures shall be tried, proved and sealed.

Sec. 6235. Superintendent of weights and measures.—The State dairy

and food commissioner by virtue of his office shall be State superintendent of weights and measures during his term of office. His

deputy shall be deputy superintendent of weights and measures and

all inspectors appointed by the dairy and food commissioner shall

be State inspectors and sealers of weights and measures.

Sec. 6236. Duties of; annual test; report to governor; inspections.

The superintendent of weights and measures shall take charge of

the standards adopted by this article as the standards of the State,

and cause them to be kept in a safe and suitable place in the office of the superintendent from which they shall not be removed except

for repairs or for certification and he shall take all other necessary

precautions for their safe keeping. He shall maintain the State

standards in good order and shall submit them at least once in ten years to the National Bureau of Standards for certification. He

shall at least once in five years try and prove by the State standards all weights, measures and other apparatus which may belong

to any county or city, and shall seal such when found to be accurate stamping on them the letter " C " and the last two figures of

the year with seals which he shall have and keep for that purpose.

He shall have and keep a general supervision of the weights, measures and weighing and measuring devices offered for sale, sold, or

in use in the State. He shall, upon the written request of any citi- zen, firm, corporation or educational institution in the State test or

calibrate weights, measures, weighing or measuring devices, and

instruments or apparatus used as standards in the State. He, or his

deputy, or inspectors, by his direction, shall at least once annually

test all scales, weights, and measures used in checking the receipts

and disbursements of supplies in every institution for the maintenance of which moneys are appropriated by the legislature, and

he shall report in writing his finding to the supervisory board and

392
MICHIGAN 393

to the executive officer of the institution concerned, and at the request

of such board or executive officer the superintendent of weights

and measures shall appoint in writing one or more employes then

in the actual service of each institution, who shall act as special

deputies without extra compensation for the purpose of checking

the receipts and disbursements of supplies. He shall keep a complete record of standards, balances and other apparatus belonging

to the State and take a receipt for same from his successor in office. He shall annually on the first day of July make to the governor a report of the work done by his office. The State superintendent

or his deputy, or inspectors, at his direction, shall inspect all standards and apparatus used by the counties and cities at least once in

five years and shall keep a record of the same. He, or his deputy,

or inspectors, at his direction shall at least once in five years visit the various cities and counties of the State in order to inspect the

work of the local sealers, and in the performance of such duties,

he may inspect the weights, measures, balances, or any other weighing appliance of any citizen, firm, or corporation, and shall have

the same power as the local sealer of weights and measures. The

superintendent shall issue from time to time, regulations for the

guidance of city and county sealers, and the said regulations shall

govern the procedure to be followed by the aforesaid officers in the

discharge of their duties.

See. 6237. Supervisors, etc., to appoint sealer.—^The board of supervisors of each county and the commissioner or common council of

each city who may in their discretion appoint a sealer under this

act, shall procure at the expense of the county or city, and shall keep at all times, a complete set of weights and measures and other

apparatus of such material and construction as said superintendent

of weights and measures may direct. All such weights, measures, and other apparatus having been tried and accurately proven by

him, shall be sealed and certified to by the State superintendent as hereinbefore provided; and shall be then deposited with and pre- served by the county or city sealer as public standards for such

county or city.

Sec. 6238. County sealer; salary; annual report; bond; proviso.—The

board of supervisors of each county may in its discretion appoint a county sealer of weights and measures in each county for a term of

two years. He shall be paid a salary to be determined by said board,

and no fee shall be charged by him or by the county for the inspection, testing, or sealing of weights, measures, or weighing or measuring devices ; where not otherwise provided by law, the county sealer

shall have the power within his county, and the State superintendent, his deputies and inspectors, within the State, to inspect, test, try,

and ascertain if they are correct, all weights, scales, beams, measures

of every kind, instruments or mechanical devices for measuring and

tools, appliances and accessories connected with any and all such

instruments or measures kept, offered, or exposed for sale, sold or used or employed withm the county by any proprietor, agent, lessee, or employe in_ proving the size, quantity, extent, area, or measure- ment of quantities, tilings, produce, articles for distribution or comsumption offered or submitted by such person or persons for sale,

hire, or award ; and they shall have the power to and shall from time
394 LAWS CONCEKNING WEIGHTS AND MEASURES

to time weigh or measure packages or amounts of commodities of

whatsoever kind kept for the purpose of sale, oifered for sale, or

sold or in the process of delivery, in order to determine whether the same contains the amount represented, and whether they be offered

for sale or sold in a manner in accordance with law. The county

sealer shall at least once each year, and as much oftener as he may

deem necessary, see that the weights, measures, and all apparatus used

in the county are correct. The county and State inspectors may for

the purpose above mentioned and in the general performance of their

official duties enter or go in upon, and without formal warrant, any

stand, place, building, or premises, or stop any vendor, peddler,

junk dealer, coal wagon, ice wagon, delivery wagon, or any dealer

whatsoever and require him, if necessary, to proceed to some place

which the sealer may specify, for the purpose of making the proper

tests. Whenever the county sealer or State inspectors find a violation of the statute relating to weights and measures, they shall cause the violator to be prosecuted. Whenever any sealer or inspector compares weights, measures, or weighing and measuring instruments

and finds that they correspond, or causes them to correspond, with

the standards in his possession, he shall seal or mark such weights, measures, or weighing or measuring instruments with appropriate

devices to be approved by the State superintendent of weights and

measures. The county sealer shall keep a complete record of all of his official acts and shall make an annual report to the board

of supervisors and an annual report duly sworn to on the first day

of July to the State superintendent of weights and measures on

blanks to be furnished by the superintendent. The county sealer

of weights and measures shall forthwith on his appointment give a bond in the penal sum of one thousand dollars, with sureties to be approved by the appointing power for the faithful performance

of the duties of his office: Provided, however. That nothing in the

above shall be construed to prevent two or more counties from combining the whole or any part of their districts as may be agreed

upon by the board of supervisors with one set of standards and

one sealer, upon the written consent of the State superintendent

of weights and measures. A county sealer appointed in pursuance

of such an agreement for such combination, shall, subject to the

terms of his appointment, have the same authority, jurisdiction, and

duties as if he had been appointed by each of the authorities who

are party to the agreement.

Sec. 6239. City sealer : proviso.—Any incorporated city in this State

may in its discretion appoint a city sealer of weights and measures under this act. He shall be appointed by the mayor, by and with

the advice and consent of the common council. He shall perform

in said city the duties and have like powers as the county sealer in

the county. In those cities in which no sealer is appointed as above,

the county sealer of the county, if there be one, shall perform in

said cities the duties and have like powers as in the county : Provided,

however, That nothing in the above shall be construed to prevent any

county and a city situated therein from combining the whole or any

part of their districts as may be agreed upon with one sealer, subject

to the written approval of the State superintendent of weights and

measures. A sealer appointed in pursuance of an agreement for
MICHIGAil 395

such combination shall, subject to the terms of his appointment, hare

the same authority, jurisdiction, and duties as if had been appointed

by each of the authorities Trho are parties to the agreement.

Sec. 6240, as amended by Acts, 1923, Act 24, p. 44. False measures,

etc., sale, etc., of, misdemeanor; penalty.—Any person who shall offer or expose for sale, sell, or use or retain in his possession, a false weight or measure or weighing or measuring device or any weight

or measure or weighing or measui'ing device in the bujdng or selling

of any commodity or thing or for hire or reward; or who shall dis- pose of any condemned weiglit, measure or weighing or measuring

device contrary to law or remove any tags placed thereon by the

sealer of weights and measures; or any person who shall sell or

offer or expose for sale less than the quantity he represents, or sell or offer or expose for sale any such commodity in a mamier contrary

to law; or any person who shall sell or offer for sale or have in his

possession for the jjurpose of selling any device or instrument to be

used to, or calculated to, falsify any weight or measure, shall be

guilty of a misdemeanor, and shall be ptmished by a fine of not

less than twenty dollars nor more th^n one hundred dollars or by

imprisonment for not more than three months or by both such fine and imprisonment upon first conviction; but upon a second or subsequent conviction he shall be punished by a fine of not less than

fifty dollars nor more than five hundred dollars or by imprisonment in the county jail for not more than one year or by both such

fine and imprisonment.

Sec. 6241. May seize false weight, etc. —The superintendent of

weights and measures, his deputy, inspectors, and the county and

city sealers of weights and measures are hereby made special policemen, and are authorized to seize, for use as evidence and without

formal warrant any false or unsealed weight, measure or weighing or measuring device or package or amounts of commodities, found to be

used, retained or offered or exposed for sale or sold in violation of

law.

Sec. 6242. Hindering, etc.; penalty.—Any person who shaU hinder

or obstruct in any way, the supeiintendent of weights and measures,

his deputy, or inspectors, or any county or city sealer, in the performance of his official duties shall be guilty of a misdemeanor, and

shall be punished upon conviction thereof, in any court of competent jurisdiction, by a fine of not less than two nor more than

two hundred dollars, or by imprisonment in the county jail for not more than ninety days or by both such fine and imprisonment.

Sec. 6243. Unlawful to impersonate.—Any person who shall impersonate in any way the superintendent of weights and measures, his

deputies, inspectors or any county or city sealer, by use of his seal or otherwise, shall be quLlty of a misdemeanor and shall be punished

by a fine of not less than one hundred dollars nor more than five hundred doUars, or by imprisonment in the county jail for not more

than ninety days or by both such fine and imprisonment.

Sec. 6244. Sections repealed.—Sections four thousand eight hundred

eighty-two, four thousand eight hundred eighty-three, four thousand eight himdred eighty-four, four thousand eight hundred eightyfive, four thousand eight hundred eighty-six, four thousand eight

hundred eighty-seven, four thousand eight hundred eighty-eight, four
396 LAWS CONCERNING "WEIGHTS AND MEASUEJES

thousand eight hundred eighty-nine, four thousand eight hundred

ninety, four thousand eight hundred ninety-one, four thousand eight

hundred ninety-two, four thousand eight hundred ninety-three, four

thousand eight hundred ninety-four, four thousand eight hundred

ninety-five, four thousand eiglit hundred ninety-six and four thousand eight hundred ninety-seven of the Compiled Laws of eighteen

hundred ninety-seven, relative to weights and measures, are hereby

repealed.

Sec. 6245°. Construction of certain contracts.—^When any commodity

shall be sold by the hundredweight, it shall be understood to mean

the net weight of one hundred pounds avoirdupois, and all contracts concerning goods or commodities sold by weight, shall be construed

accordingly, unless such construction would be manifestly inconsistent with the special agreement of the parties contracting.

Sec. 6246°. Standard measure of fruits, etc.; bushel of charcoal.—The

half bushel and the parts thereof shall be the standard measure for

fruits and other commodities customarily sold by heaped measure; and in measuring such commodities the half bushel or other smaller measure shall be heaped as high as may be, without especial effort or design; and the standard measure of charcoal shall be twenty-seven

hundred and forty-eight cubic inches for each and every bushel

thereof.

Sec. 6247, as amended by Acts, 1925, Act No. 59, p. 78. Weight per bushel of grain.—That whenever wheat, rye, shelled corn, corn on the

cob, corn meal, oats, buckwheat, beans, clover seed, timothy seed, flax

seed, hemp seed, millet seed, blue grass seed, red top seed, barley,

dried apples, dried peaches, potatoes, potatoes (sweet), onions, tur- nips, peas, cranberries, dried plums, castor beans, salt, mineral coal,

Hungarian grass seed, orchard grass seed, osage orange seed, beets, carrots or parsnips, shall be sold by the bushel, and no special agree- ment as to the measure or weight thereof shall be made by the parties,

the measure thereof shall be ascertained by weight, and shall be

computed as follows, viz : ^

Pounds per

bushel Peaches, dried 28

Potatoes 60

Potatoes, sweet 56 Onions 54 Turnips 58

Peas 60

Cranberries 40

Plums, dried 28

Beans, castor 46

Salt, Michigan 56

Coal, anthracite (mineral) 80

Coal, bituminous (mineral) 60

Grass seed, orchard 14 Orange seed, osage 33

Beets 56

Carrots 50

Parsnips 50

Sec. 6249 (1871). Weight of bushel stone lime.—That whenever

stone-lime is sold, and no special agreement is made by the parties,

the bushel shall consist of seventy pounds.

Pounds per bushel Wheat 60 Rye 56

Shelled corn 66 Corn on the cob 70 Corn meal 50 Oats 32 Buckwheat 48 Beans 60

Clover seed 60 Timothy seed 45 Flax seed 56 Hemp seed 44 MiUet or Hungarian grass seed 50

Blue grass seed 14 Red top seed 14 Barley 48

Apples, dried 22

^ A slight change has been made in the arrangement for convenience of reference.
MICHIGAN 397

See. 6250 (1877). Apples.—That whenever apples are bought or

sold by weight forty-eight pounds shall constitute a bushel.

Sec. 6251 (1881). Duty of persons weighing cattle, etc.; correct weights to be given.—That every person who shall weigh for any

person purchasing, or selling, or offering for sale, any live stock,

neat cattle, sheep, swine, poultry, or other live animals, or any beef,

pork, mutton, fowls, or other animals when dressed, or any hay,

grain, or produce, shall make a true and correct weight or weights

thereof, and give to the purchaser and seller, or person offering the same for sale, when requested, the true, full, correct, and gross

amount of any and all such weights.

Sec. 6252. Penalty for violation of act.—Every person who shall willfully violate any of the provisions of this act shall be deemed guilty

of a misdemeanor, and on conviction thereof shall be punished by a

fine not exceeding fifty dollars, or by imprisonment in the county

jail not exceeding three months, or by both such fine and imprisonment, in the discretion of the court.

Sec. 6253 (1871). Size of peach baskets.—That the quantity known

as a box or basket of peaches shall contain seven hundred and six- teen and four-fifths cubic inches, or one-third of a bushel strict measure.

Sec. 6255 (1877). Fruit, etc., not to be sold in less quantities than

represented.—That when any person or persons, party or parties, shall offer for sale or sell in any township, village, or city, within

this State, any fruits or vegetables contained in drawers or cases, boxes or baskets, represented to hold one bushel or any fractional

part thereof, said drawers, boxes, cases, or baskets, shall be of the

dimensions to hold, and shall hold the quantity offered for sale or

sold, whether by the bushel of thirty-two quarts or any fractional

part thereof.

Sec. 6256. Penalty.—Any person or persons violating the provisions

of the foregoing section, upon conviction before any court of competent jurisdiction, shall be liable to a fine not less than five dollars nor more than twenty dollars, and imprisonment for a term not to exceed three months, or either or both, in the discretion of said

court.

Sec. 6257 (1895). Fruit baskets to be marked a;s to number of

pounds.—That all manufacturers of peach baskets and other fruit

packages designed for the shipment of peaches, grapes and plums,

and all shippers and dealers in the same, shall mark or cause to be

marked in a plain manner on the outside, otherwise than the bottom,

of such baskets or packages, the capacity of each basket or package

in pounds at the rate of one pound for each forty-three and eightthousandths cubic inches of space contained in such basket or package.

Sec. 6258. Penalty.—Any manufacturer of or dealer in peach baskets, or other fruit packages designed for the shipment of peaches,

grapes and plums, who shall sell or offer to sell such baskets or packages without complying with the provisions of this act, shall be

deemed guilty of a misdemeanor, and upon conviction thereof in any

court of competent jurisdiction, shall be fined not less than twentyfive dollars nor more than one hundred dollars, and stand committed to the county jail until such fine and costs are paid.
398 LAWS CONCERNING WEIGHTS AND MEASTJKES

Sec. 6260 (1909). Certain mill products; standard weights per barrel; weights to be placed in barrel, etc.—When mill products of wheat,

corn, rye or buckwheat, known as flour, grits, meal or compounds of

the same, are placed or packed in barrels, fractional parts of a barrel or sacks to be sold or billed to any person or persons within this

State, the standard weight or measure of a barrel or the fractional

part thereof, shall be as follows, viz

:

One hundred and ninety-six pounds for a barrel;

Ninety-eight pounds for one-half barrel

;

Porty-nine pounds for one-quarter barrel;

Twenty-four and one-half pounds for one-eighth barrel

;

Twelve and one-fourth pounds for one-sixteenth barrel

;

Six and one-eighth pounds for one-thirty-second barrel. The full and correct weights as herein established shall be placed

in said barrel or fractional part thereof by the manufacturer, company, dealer, person or persons filling the same, and the weights as herein established shall be the legal weights in this State for such

packages when they are bought or sold, offered or exposed for sale, or in possession with intent to sell, or sold and delivered, ordered

or billed.

Sec. 6261. Short weights.—No person or persons shall sell, offer or

expose for sale in this State by the barrel, or by the fractional parts

of a barrel as herein established, any of the mill products specified

in section one hereof [sec. 6260], unless the barrel or fractional part

of such barrel shall contain the full weight of such mill product as is provided for in section one hereof.

Sec. 6262. Weight to be marked on package.—Before any package

containing the mill products or compounds of such mill products

specified in section one of this act shall be sold or offered or exposed

for sale in this State, the number of pounds contained therein shall be plainly printed or stamped on the face label in plain English let- ters and numbers not less than one-half inch high. When such packages are sold as one-half, one-quarter, one-eighth, one-sixteenth or

one-thirty-second of a barrel they shall be so marked in addition to the number of pounds marked thereon as herein provided.

Sec. 6263. Abstraction of contents unlawful.—^No manufacturer, company, dealer or person shall abstract any part of the mill products

from the standard packages or fractional parts named in section

one, and sell such package as a barrel or fractional part of a barrel as defined in section one.

Sec. 6264. Penalty.—Any manufacturer, company, dealer, person

or persons who shall knowingly sell, offer or expose for sale or for

distribution in this State any package containing mill products of

the cereals enumerated in section one [section six thousand two hundred sixty] which are stamped or labeled with a greater number of

pounds than such package actually contains, or who shall put up or

sell in this State any of the mill products of the above named cereals

in a manner contrary to the provisions of this act, shall be deemed

guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars and the costs of prosecution, or by imprisonment in

the common jail or the Michigan Reformatory at Ionia for not less than ninety days nor more than one year or by both such fine and
MICHIGAN 399

imprisonment in the discretion of the court for each and every

offense : Provided, however, That nothing in this act shall be con- strued to cover or affect sales or shipments made to any manufacturer, company, dealer, person or persons outside of this State and

not intended for sale or shipment back into this State.

Sec. 6265. Dairy and food commissioner; duties of.—It shall be the

duty of the dairy and food commissioner to investigate all complaints

of violations of this act, and to take all steps necessary to its enforcement. It shall be the duty of all prosecuting officers of this State to prosecute to completion all suits brought under the provisions of this act 'upon complaint of said commissioner or any person.

Sec. 6267. Binder twine; stamp, tag or label, what to state; toler- ance.—No binder twine shall be sold, exposed or offered for sale within this State, except the same bear upon each ball a stamp, tag

or label truly stating the name of the manufacturer, importer or jobber of such twine, the kind or kinds of material it contains, and

the number of feet to the pound in such ball: Provided, That a deficiency not exceeding five per cent in the length or tensile strength

stated on the stamp, tag or label shall not be a violation hereof.

Sec. 6268. Penalty for violation.-r-Any person, firm or corporation

violating any of the provisions of this act shall be deemed guilty of

a misdemeanor and shall upon conviction thereof be punished by a

fine not exceeding five hundred dollars : Provided, That the selling or exposing for sale of any ball of twine which does not conform to the requirements of this act shall constitute a separate and distinct

offense.

Sec. 6279 (1915). Capacity of milk bottles.—On and after January one, nineteen hundred sixteen, bottles used for the sale of milk

and cream in this State shall be of the capacity of half gallon, three

pints, one quart, one pint, ten ounce, half pint, one gill filled full to the bottom of the lip. The following variations on individual bottles or jars may be allowed: Six drams above and six drams below on

the half-gallon; five drams above and five drams below on the

three-pint; four drams above and four drams below on the quart;

three drams above and three drams below on the pint; two and one- half drams above and two and one-half drams below on the ten ounce; two drams above and two drams below on the half-pint;

two drams above and two drams below on the gill. But the average

contents of not less than twenty-five bottles selected at random from

at least four times the number tested must not be in error by more

than one-quarter of the tolerances : One and five-tenths drams above

and one and five-tenths drams below on the half gallon; one and

twenty-five hundredths drams above and one and twenty-five hundredths drams below on the three pint; one dram above and one dram below on the quart ; seventy-five hundredths drams above and

seventy-five hundredths' drams below on the pint ; seventy-five hundredths drams above and seventy-five hundreds drams below on the

ten ounce; five-tenths drams above and five-tenths drams below on

the half pint ; five-tenths drams above and five-tenths drams below on

the gill. Bottles or jars used for the sale of milk shall have clearly

blown or otherwise permanently marked in the side of the bottle, the

capacity of the bottle and the word " sealed " and in the side or 517—26 26
400 LAWS CONCERNING WEIGHTS AND MEASURES

bottom of the bottle the name, initials or trade-mark of the manufacturer and designating number, which designating number shall be different for each manufacturer and may be used in identifying

the bottles. The designating number shall be furnished by the State

superintendent of weights and measures upon application by the

manufacturer, and upon filing by the manufacturer of a bond in the sum of one thousand dollars with sureties to be approved by the

Attorney General, conditioned upon their performance of the re- quirements of this section. A record of the bonds furnished, the

designating numbers, and to whom furnished, shall be kept in the

office of the superintendent of weights and measures.

Sec. 6280. Unlawful sales.—On and after January one, nineteen

hundred sixteen, any manufacturer who sells milk or cream bottles to be used in this State, which do not comply as to size and markings with the provisions of this act, shall suffer the penalty of five hundred dollars, to be recovered by the attorney general in an ac- tion against the offender's bondsmen, to be brought in the name

of the people of the State. Any dealer who uses, for the purpose of selling milk or cream, jars or bottles purchased after this

law takes effect, which do not comply with the requirements of

tiiis act as to markings and capacity, shall be deemed guilty of using

false or insufficient measure.

Sec. 6281. Bottles not to be sealed.—Sealers of weights and measures are not required to seal bottles or jars for milk or cream marked

as in this act provided, but they shall from time to time make tests on individual bottles used by the various firms in the territory over

wiiich they have jurisdiction, in order to ascertain whether the

above provisions are being complied with, and they shall report

violations found immediately to the superintendent of weights and

jneasures. Any dealer who knowingly uses for the purpose of sell- ing milk or cream, jars or bottles purchased after this law takes

effect, which do not comply with this act as to marking the capacity,

shall be guilty of a misdemeanor and be punished accordingly.

Comp. Laws, 1915, Vol. 2, eh. 126, p. 2412.

Sec. 6644°. Miller to keep scales and weigh grain, flour, etc.; penalty

for neglect or refusal.—Every miller occupying and using a grist

mill, shall be provided Avith scales and weights, or a vibrating steel- yard, to weigh corn, grain, flour and meal, delivered at and taken

from the mill, if required; and if he shall neglect to keep himself

so provided, or shall refuse so to weigh corn, grain, flour, or meal,

when required by any person delivering or taking away the same, he shall forfeit, for each neglect or refusal, not less than one dollar, nor more than five dollars. Comp. Laws, 1915, Vol. 3, ch. 257, p. 5293.

Sec. 15320 (al915). False tokens or pretenses.—Every person who,

with intent to defraud or cheat, shall designedly, by color of any

false token or writing * * * or by means of any false weights

or measures obtain a larger amount or quantity or property than was bargained for, or by means of any false weights or measures

sell or dispose of a less amount or quantity of property than Avas bargained for, if such land or interest in land, money, personal

property, use of such instrument, facility or article, valuable thing,
MICHIGAN 401

service, larger amount obtained or less amount disposed of, shall be

of the value of twenty-five dollars or less, shall be punished by a fine not exceeding one hundred dollars or imprisonment in the county

jail not exceeding three months, and if such land, interest in land,

money, personal property, use of such instrument, facility or article,

valuable thing, service, larger amount obtained or less amount dis- posed of shall be of the value of more than twenty-five dollars, such

person shall be punished by imprisonment in the State prison not more than ten years or by a fine not exceeding five hundred dollars

and imprisonment in the countj'^ jail not more than one year. Comp. Laws, 1915, Vol. 1, ch. 68, p. 937.

Sec. 2231 (1915). Standard gauge for fence.—The Washburn and

Moen gauge is hereby declared to be the standard gauge for testing

galvanized wire fence Avithin this State. Comp. Laws, 1915, Vol. 1, ch. 72, p. 1037.

Sec. 2640, as amended by Acts, 1921, Act 21, p. 31. General powers

of councils; villages.—Every village subject to the provisions of this

act, shall, in addition to such other powers as are conferred, have

the general power and authority granted in this chapter, and the

council may pass such ordinances in relation thereto as it may deem

proper, namely

Twelfth. To provide for the inspection and sealing of weights

and measures, and to enforce the keeping and use of proper weights

and measures by venders; * *

* Comp. Laws, 1915, Vol. 1, ch. 73, p. 1135.

Sec. 3021°. General powers of city corporations of fourth class; inspection and measuring certain merchandise; inspection and sealing of weights and measures.—Every city incorporated under the provisions

of tliis act [cities containing a population not exceeding ten thousand] , shall, in addition to such other powers as are herein conferred,

have the general powers and authority in this chapter mentioned;

and the council may pass such ordinances in relation thereto, and for

the exercis-e of the same, as they may deem proper, namely

Eighteenth. To regulate the inspection, weighing, and measuring of brick, lumber, firewood, coal, hay, and any article of merchandise ; Nineteenth. To provide for the inspection and sealing of weights

and measures and to enforce the keeping and use of proper weights

and measures by venders.

Acts, 1917, Act 123, p. 199.

Sec. 1. Scales authorized.—It shall be lawful for the township

board of any township or village council of any village in this State

to appropriate money for the purpose of establishing township or

village scales for the weighing of farm produce and for other purposes. All sums hereby authorized to be appropriated shall be as- sessed, levied and collected in the same manner as other expenses

of such townships or villages are assessed, levied and collected. The

maintenance, management and control of such scales shall be under

the direction of the township board or village council, as the case may be and the expense connected therewith shall be paid in the
402 LAWS CONCEKNI^fG WEIGHTS AND MEASUBES

same manner as other expenses of such townships or villages are

paid.

Acts, 1917, Act No. 74, p. 138.

Sec. 1. Standard Climax baskets.—That standards for Climax baskets for grapes and other fruits and vegetables shall be the two-quart

basket, four-quart basket, and twelve-quart basket, respectively.

(a) The standard two-quart Climax basket shall be of the following dimensions: Length of bottom piece, niae and one-half inches:

width of bottom piece, three and one-half inches; thickness of bottom piece, three-eighths of an inch ; height of basket, three and seven- eighths inches, outside measurement; top of basket, length eleven

inches and width five inches, outside measurement. Basket to have

a cover five by eleven inches, when a cover is used;

(b) The standard four-quart Climax basket shall be of the fol- lowing dimensions: Length of bottom piece, twelve inches; width of

bottom piece, four and one-half inches; thickness of bottom piece,

three-eighths of an inch ; height of basket, four and eleven-sixteenths

inclies, outside measurement; top of basket, length fourteen inches,

width, six and one-fourth inches, outside measurement. Basket to have cover six and one-fourth inches by fourteen inches, when cover

is used

;

(c) The standard twelve-quart Climax basket shall be of the fol- lowing dimensions : Length of bottom piece, sixteen inches ; width of

bottom piece, six and one-half inches; thickness of bottom piece,

seven-sixteenths of an inch; height of basket, seven and one-sixteenth inches, outside measurement; top of basket, length nineteen

inches, width nine inches, outside measurement. Basket to have

cover nine inches by nineteen inches, when cover is used.

Sec. 2. Small fruit baskets.—That the standard basket or other container for small fruits, berries, and vegetables shall be of the following capacities, namely, dry one-half pint, dry pint, dry quart, or multiples of the dry quart.

(a) The dry half pint shall contain sixteen and eight-tenths cubic

inches

;

(&) The dry pint shall contain thirty-three and six-tenths cubic

inches

;

(c) The dry quart shall contain sixty-seven and two-tenths cubic

inches.

Sec. 3. Penalty for violation.—That it shaU be unlawful to manufacture for shipment, or to sell within the State any Climax baskets or other containers for smaU fruits, berries, or vegetables, whether

filled or unfilled, which do not conform to the provisions of this act

;

and any person guilty of a wilful violation of any of the provisions

of this act shall he deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding twenty-five

dollars : Provided, That nothing herein contained shall apply to the

manufacture, sale, or shipment of Climax baskets, baskets, or other

containers for small fruits, berries, and vegetables when intended

for export to foreign countries when such Climax baskets, baskets, or other containers for small fruits, berries, and vegetables accord with

the specifications of the foreign purchasers or comply with the law

of the coimtry to which shipment is made or to be made.
MICHIGAN 403

Sec. 4. Who to test, etc.—That the examination and test of Climax

baskets, baskets, or other containers for small fruits, berries, and

vegetables, for the purpose of determining whether such baskets or

other containers comply with the provisions of this act, shall be

made by the dairy and food department, and the dairy and food

commissioner shall establish and promulgate rules and regulations

allowing such reasonaljle tolerances and variations as may be found

necessary.

Sec. 5. Prosecuting attorney, duty of.—That it shall be the duty of

each prosecuting attorney, to whom satisfactory evidence of any violation of the act is presented, to cause appropriate proceedings to be

commenced and prosecuted in the proper courts of the State for the

enforcement of the penalties as in such case herein provided.

Sec. 6. When dealer not liable.—That no dealer shall be prose- cuted under the provisions of this act when he can establish a guaranty signed by the manufacturer, Avholesaler, jobber, or other

party residing within the United States from whom such Climax

baskets, baskets, or other containers, as defined in this act, were purchased, to the effect that said Climax baskets, baskets, or other containers are correct within the meaning of this act. Said guaranty,

to afford protection, shall contain the name and address of the party

or parties making the sale of Climax baskets, baskets, or other containers to such dealer, and in such case said party or parties shall

be amenable to the prosecutions, fines, and other penalties which

would attach in due course to the dealer under the provisions of this

act. Acts, 1917, Act 83, p. 160.

Sec, 1. Standard barrel for fruits and vegetables; dimensions.—The

standard barrel - for fruits, vegetables, and other dry commodities

other than cranberries shall be of the following dimensions when

measured without distention of its parts: Length of staves, twentyeight and one-half inches; diameter of heads, seventeen and one- eighth inches: distance between heads, twenty-six inches; circumference of bul;.re, sixty-four inches, outside measurement; and the

thickness of staves not greater than four-tenths of an inch : Provided^ That any barrel of a different form having a capacity of

seven thousand fifty-six cubic inches shall be a standard barrel. The standard barrel for cranberries shall be of the following dimensions when measured without distention of its parts: Length of

staves, twenty-eight and one-half inches; diameter of heads, sixteen

and one-fourth inches ; distance between heads, twenty-five and one- fourth inches; circumference of bulge, fifty-eight and one-half

inches, outside measurement ; and the thickness of staves not greater

than four-tenths of an inch.

Sec. 2. TInlav/iul to sell, etc., barrel of less capacity.—It shall be

unlawful to sell, offer, or expose for sale in this State, or to ship from

this State, to an}^ other State, Territory, or the District of Columbia

or to a foreign country, a barrel containing fruits or vegetables or any other dry commodity of less capacity than the standard barrels

defined in the first section of this act, or subdivisions thereof Imown

as the third, half, and three-quarter barrel, and any person guilty

- See note, p. 20, relative to Federal standard barrel.
404 LAWS CONCERNING WEIGHTS AND MEASURES

of a wilful violation of any of the provisions of this act shall be

deemed guilty of a misdemeanor and be liable to a fine not to exceed one hundred dollars, in any court of this State having jurisdiction

Provided^ Jwwever^ That no barrel shall be deemed below standard

within the meaning of this act when shipped to any foreign country

and constructed according to the specifications or directions of the

foreign purchaser if not constructed in conflict with the laws of the

foreign country to which the same is intended to be shipped.

Sec. 3. Variations.—Reasonable variations sluill be permitted and

tolerance established by rules and regulations made by the Director

of the Bureau of Standards and appr&ved by the Secretary of Commerce^ Prosecutions for offenses under this act may be begun upon

com])laint of local sealers of weights and measures or oilier officer of

the State appointed to enforce the laws of the said State, relating

to weights and measures : Provided, lioimveT, That nothing in this act shall apply to barrel^ used in ^packing or shipping commodities

sold exclusively by weight or numerical count.

Sec. 6. Repealing clause.—An act entitled "An act to regulate the

size of dry or packing barrels for fruits, roots and vegetables,"

being section six thousand two hundred fifty-four of the compiled

laws of nineteen hundred fifteen, be and the same is hereby repealed.

Acts, 1925, Act No. 145, p. 186.

Sec. 1. " Fancy table grapes," size of container.—" Fancy table

grapes " shall be packed in two or four quart Climax baskets or carriers of two or more small units, or any container of less than twelvequart (sixteen-pound) capacity. * *

*

Sec. 2. " No. 1 grapes."—" No. 1 grapes " shall be packed in twelvequart (sixteen-pound) capacity Climax baskets, or larger containers,

* * *

Sec. 3. " No. 2 grapes."—" No. 2 grapes " shall be packed in twelvequart (sixteen-pound) capacity Climax baskets, or larger capacity, * * * Sec. 4. " Frosted grapes."—Grapes that have been subjected to frost

injury prior to harvest may be packed only in twelve-quart (sixteen-pound) capacity Climax baskets, or containers of larger capacity, * * * Sec. 5. Marking.—All containers shall be clean and in good condition, and shall be conspicuously and legibly marked declaring: (1)

The name and address of the person, firm or association under whose

authority the grapes were i^acked, sold or offered for sale. (2) The

name of the grade. (3) The net contents. (4) The name of the

variety of the grapes. If the variet}' of the grapes is unknown,

it shall be so stated. Excepting as otherwise provided in this act, the labeling or marking of the containers shall be done with letters not less than one-fourth inch in height before leaving the premises

of the person or persons responsible for the grading and packing.

Sec. 6. Small units.—* * * " Small units " means not to exceed

four-quart capacit}^ containers.

Sec. 7. Who may inspect.—The commissioner of agriculture, his

inspectors or agents, for the purpose of inspection and enforcement

of this act, or any section or part of section tliereof, are given

authority and power to enter into or upon any premises or property,
MICHIGAN 405

without warrant, where grapes are packed, exposed, offered or con- signed for sale, or held in possession for storage or delivery, and

inspect the same, also procure, upon market value being tended or

accepted, sufficient samples to present as evidence in obtaining complaint for prosecution.

Sec. 8. Penalty.—Any person convicted of violating any of the

provisions of this act shall, upon conviction thereof for the first of- fense, be subject to a fine of not more than fifty dollars, or imprisonment in the county jail for not to exceed thirty days, or both such fine and imprisonment in the discretion of the court. Any person convicted for the second and subsequent violations shall be subject to

a fine of not more than two hundred dollars; or thirty days in jail, or both such fine and imprisonment in the discretion of the court

or magistrate before whom such conviction may be had.

Sec. 9. Act repealed.—Act number fifty-four of the public acts of

nineteen hundred twenty-three is liereby repealed.

Comp. Laws, 1915, Vol. 2, ch. 124, p. 2342.

Sec. 6476 (al915). When article misbranded; package must bear net weight, count or measure.—(a) An article shall be deemed to be

misbranded within the meaning of this act : * * *

Third. If in package form every package, box, bottle, basket or

other container does not bear the true net weight, excluding the

wrapper or container, which shall be stated in terms of pounds,

ounces and grains avoirdupois weight or the true net measure, which

measure, in case of liquids, shall be in terms of gallons of two hundred and thirty-one cubic inches or fractions thereof, as quarts,

pints and ounces or the true numerical count, as the case may be,

expressed on the face of the principal label in plain English words

or numerals, so that it can be plainly read : Provided, however, That

reasonable variations shall be permitted and tolerances therefor and

also exemptions as to small packages shall be established and promulgated by the dairy and food commissioner ; Provided, however, That

no penalty of fine, imprisonment or confiscation shall be enforced for

any violation of subdivision third of this section prior to September

first, nineteen hundred fourteen, as to goods in the hands of wholesalers or retailers when this act takes effect or received prior to January one, nineteen hundred fourteen. The provisions of this

subdivision shall not apply to beverages in glass containers

Fourth, * * * Everj^ article of food as defined in the statutes of this State shall be sold by Aveight, measure or numerical count and

as now generally recognized by trade custom, except where the

parties otherwise agree, and shall be labeled in accordance with the

provisions of the food and beverage laws of this State. Only those

products shall be sold by numerical count which can not well be sold

by weight or measure. All foods not liquid, if sold by measure,

shall be sold by standard dry measure, the quart of which contains

sixty-seven twenty one-hundredths cubic inches, providing that the

provisions of this section shall not apply to fresh fruit and vegetables.

Comp. Laws, 1915, Vol. 2, ch. 120, p. 2307.

Sec. 6299 (1913). "Commercial fertilizer," what to include.—The

term " coromercial fertilizer " shall be held to include any and every

substance, limestone or lime rock, imported, manufactured, prepare^
406 LAAVS CONCERNING WEIGHTS AND MEASUBES

or sold for fertilizing or manurial purposes, the retail price of which

is ten dollars or more per ton. Every lot or parcel of commercial

fertilizer sold, offered or exposed for sale, or distributed within this

State shall have on each bag or sack, in a conspicuous place on the

outside, a legibile and plainly printed statement in the English language clearly and truly certifying

:

(a) The net weight of the contents of the package, lot or parcel;

(&) The name, brand or trade-mark;

(c) The name and principal address of the manufacturer or per- son responsible for placing the commodity on the market ; * *

*

Acts, 1917, Act. No. 91, p. 163.

Sec. 2. Commercial feeding stuffs ; net v/eiglit to be marked.—Every lot or parcel of commercial feeding stuffs sold, offered or exposed for

sale, or distributed within this State shall liave affixed thereto a tag

or label, in a conspicuous place on the outside, containing a legible

and plainly written statement in the English language, clearly and

truly certifying

:

{a) The net weight of the contents of the package, lot or parcel;

(&) The name, brand or trade-mark

;

(c) The name and principal address of the manufacturer or per- son responsible for placing the commodity on the market ; * *

*

Comp. laws, 1915, Vol. 2, eh. 124, p. 2342.

Sec. 6426 (1907). Representative average sample.—In taking samples

of milk or cream from any milk can, cream can or any container of

milk or cream, the contents of such milk can, cream can, or container

of milk and cream shall first be thoroughly mixed either by stirring or otherwise and the sample shall be taken immediately after mixing,

or by any other method which gives a representative average sample

of the contents, and it is hereby made a misdemeanor to take samples

by any method which does not give a representative average sample

where milk or cream is bought or sold, and where the value of said

milk of cream is determined by the butter fat contained in the same

by the Babcock test. Sec. 6427. Standard testing glassware.—In the use of the Babcock

test the term "standard Babcock testing glassware" shall apply to glassware complying with the following specifications:

(a) Standard Milk Test Bottles.—Graduation : The total per

cent graduation shall be eight per cent. The graduated portion of

the neck shall have a length of not less than sixty-three five-tenths

millimeters (two and one-half inches) . The graduation shall represent whole per cent, five-tenths per cent, and tenths per cent. The

tenth per cent graduations shall not be less than three millimeters in

length; the five-tenths per cent graduations shall be one millimeter

longer than the tenths per cent graduations, projecting one millimeter

to the left; the whole per cent graduations shall extend at least one- half way around the neck to the right and projecting two millimeters

to the left of the tenths per cent graduations. Each per cent gradu-.

ation shall be numbered, the number being placed on the left of the

scale. The arrow [error] at any point of the scale shall not exceed

one-tenth per cent. Neck : The neck shall be cylindrical and the cylindrical shape shall extend for at least nine millirneters below the lowest and above
MICHIGAN 407

the highest graduation mark. The top of the neck shall be flared

to a diameter of not less than ten millimeters.

Bu.lb : The capacity of the bulb up to the junction of the neck shall not be less than forty-five cubic centimeters. The shape of the bulb

may be either cylindrical or conical "with the smallest diameter at the bottom. If c^'lindrical, the outside diameter shall be between

thirty-four and thirty-six millimeters; if conical, the outside diameter of the base shall be between thirty-one and thirty-three millimeters, and the maximum diameter between thiity-five and thirty- seven millimeters.

The charge of the bottle shall be eighteen gi-ams.

The total height of the bottle shall be between one hundred fifty

and one hundred sixty-fi^•e millimeters (five and se\en-eighths and

six and one-half inches)

(h) Sta>;dard Cream Test Bottles.—Two types of bottles shall be accepted as standard cream test bottles, a fifty per cent nine-gram

short-neck bottle and a fifty per cent nine-gram long-neck bottle. Fifty per cent nine-gram-short-neck bottles—Graduation : The

total per cent graduation shall be fifty. The graduated portion

of the neck shall have a length of not less than sixty-three five- tenths millimeters (two and one-half inches). The graduation

shall represent five per cent, one per cent and five-tenths per cent. The five per cent graduations shall extend at least one-half way

around the neck of the bottle (to the right). The five ]oer cent graduations shall have a length intermediate between the five per

cent and the five-tenths per cent graduations. Each five per cent graduation shall be numbered, the number being placed on the left of the scale. The arrow [erixjr] at any point of the scale shall not exceed five-tenths per cent. Xeck: The neck shall be cylindrical and the cjdindrical shape

shall extend at least nine millimeters below the lowest and nine

millimeters above the highest graduation mark. The top of the

neck shall be flared to a diameter of not less than ten millimeters.

Bulb: The capacity of the bulk [bulb] up to the junction of the

neck shall not be less than forty-five cubic centimeters. The shape of

the bulb may be either cylindrical or conical with the smallest diameter at the bottom. If cylindrical, the outside diameter of the base

shall be between tlairty-one and thirty-three millimeters and the maximum diameter between thirty-five and thirtj'-seA'en millimeters.

Charge of bottles : The charge of the bottle shall be nine grams.

All bottles shall bear on top of the neck above the graduations,

in plainly legible characters, a mark defining the weight of the

charge to be used (nine grams).

Height of bottle : The total height of the bottle shall be one hundred fifty and one hundred sixty-five millimeters (five and seveneights and six and one-half inches), same as standard milk test

bottles. Fifty per cent nine-gram long-neck bottles : The same specifications in every detail as specified for the fifty per cent nine gram

short-neck bottle shall apply for the long-neck bottle with the exception, however, that the total height of this bottle shall be between

two hundred ten and two hundred thirty-five millimeters (eight and

one-half and eight and seven-eighths inches) and that the total
408 LAWS CONOEENING WEIGHTS AND MEASUKES

length of the graduation shall be not less than one hnndred twenty

millimeters.

The Standard Babcock Pipette.—Total length of pipette shall be not more than three hundred thirty millimeters (thirteen and one- fourth inches). Outside diameter of suction tube six to eight milli- meters. Length of suction tube one hundred twenty millimeters.

Outside diameter tube one hundred to one hundred twenty milli- meters. Distance of graduation mark above bulb thirty to sixty

millimeters. Nozzle straight. Delivery seventeen six-tenths cubic

centimeters of water at twenty degrees C, in five to eight seconds.

Butter-fat and cream scales : All butter-fat and cream scales used

for the purpose of determining the value or per ^cent of butter-fat content of milk or cream by the Babcock test shall be subject to the

following specifications

:

Graduated face: 1. The scale shall be provided with a graduated

face of at least ten divisions over which the pointer shall play.

Pointer : 2. The pointer must reach to the graduated divisions and

shall terminate in a fine point to enable the readings to be made

clearly and distinctly.

Interval : 3. The clear interval between the divisions on the graduated face shall not be less than five one-hundredths inch.

Leveling screws required when : 4. All scales whose weight indications are changed by an amount greater than one-half the tolerance

allowed, when set in any position on a surface making an angle of

three degrees or approximately five per cent with the horizontal,

shall be equipped with leveling screws and a device which will indicate when the scale is level : Provided^ however^ That the scale shall be rebalanced at zero each time its postion is altered during the test. Sensibility under load : 5. The addition of one-half grain to the

scale when loaded to capacity shall cause a movement of the pointer

at least equal to one division on the graduated face. Sensibility reciprocate: 6. The sensibility reciprocal and toler- ance of cream test and butter- fat test scales shall be one-half grain

(thirty milligrams). Every person, firm, company, association, cojporation or agent thereof buying and paying for milk or cream

on the basis of the amount of butter fat contained therein as determined by the Babcock test shall use standard Babcock test bottles,

pipettes an daccurate weights and scales as defined in this act. Sec. 6428. Unlawful reading of test.—It shall be unlawful for the

owner, manager, agent, or any employee of a cheese factory, creamery, condensed milk factory or milk depot or other place where milk

or cream is tested for quality or value to falsely manipulate or underread or overread the Babcock test, or make settlements on any other

bases that the correct reading of the Babcock test or any other

contrivance used for determining the quality or value of milk or cream where the value of said milk or cream is determined by the

per cent of butter fat contained in the same or to make any false determination by the Babcock test or otherwise.

Sec. 6429. Penalty.—Whoever shall violate any of the provisions

of this act shall be guilty of a misdemeanor and upon conviction

thereof shall be punished by a fine of not less than ten dollars nor more than fifty dollars for each and every offense or be imprisoned

in the county jail not less than ten days nor more than thirty days.
MICHIGAN 409

Comp. Laws. 1915, Vol. 2, ch. 156, p. 2939.

Sec. 8231 (1913). False description or weights of freight; penalty.

Any person, firm or corporation who shall loiowingly offer any (roods, property or effects to any common carrier for transportation within this State with a false description of the same, or who shall offer any such goods, property or effects under a false

Ijilling. false classification or false weight and thereby procure or attempt to procure the transportation of any such goods, property

or effects at a less cost than would be due under a true description, true billing, true classification or true Aveight, shall be deemed

guilty of a misdemeanor, and upon conviction thereof by any court

of competent jurisdiction shall be punished by a fine of not to exceed

I'wo hundred dollars or by imprisonment in the county jail for a term not to exceed ninety da3rs, or by both such fine and imprisonment in the discretion of the court. Comp. Laws, 1915, Vol. 2, ch. 103, p. 2080.

Sec. 5521 (1913). Inspector of weights at coal mines.—The State

coal mine inspector shall be ex officio inspector of weights, measures and scales used at coal mines, and he is hereby empowered and it shall be his duty to test all the scales, correctly measure the weight

of such coal, and if defects or irregularities are found in such scales,

which prevent correct weights and measurements, the inspector shall

call the attention of the mine owner, agent or operator to such defects,

and shall direct the same to be at once properly adjusted and cor- rected.

Sec. 5522. Test weights.—For the purpose of carrying out the provisions of this act, the State inspectoj- shall be fiu-nished by the State

with a complete set of standard weights, suitable for testing tlie accuracy of track scales and of all smaller scales at mines. Such

test weights shall remain in the custody of the inspector for use at any point within the State, and for any amoimts expended by him

for storage, transiDortation or handling of the same, he shall be fully

reimbursed upon ma Icing entry of the proper items in his expense

voucher.

Sec. 5523. Weighmen to make oath.—All weighmen who shall per- form the duty of weighing coal shall be sworn by some one competent to administer a legal oath, that they will perform their duty

accurately and impartially as between employers and employes, and

that they will honestly report and record all weights of coal with

which they are entri;sted. The coal mine employes shall have the

right to name a competent and fair check weighman, who shall be

paid by the employes and be sworn by one authorized to administer

oaths.
MINNESOTA

Gen. Stats., 1923, ch. 28A, p. 729.

Sec. 5270 (1911). Department created, under jurisdiction railroad and

warehouse commission.—There is hereby created a department to be

known as the department of "weights and measures," hereafter re- ferred to as the department, and it shall be under the jurisdiction of

the railroad and warehouse comuiission, hereafter referred to as the

commission, which shall have supervision and control over all weights, weighing devices and measures in the State.

Sec. 5271. Commission to appoint commissioner and deputies; bond.—

The commission shall appoint a commissioner of weights and measures and such deputies and other employees as may be necessary to carry out the provisions of this chapter and fix their compensation.

The commissioner of weights and measures and the deputies shall give a bond in a sum to be fixed and approA^ed by the commission.

The commission shall provide for such examinations as it may deem

necessary to determine the qualifications and fitness of appointees.

Sec. 5272 (1919). Commissioner of weights and measures salary and

deputies.—The salary of the commissioner of weights and measures

shall be twentj'-five hundred dollars per annum, and all deputies

not to exceed fifteen hundred dollars per annum.

Sec. 5273. Fees to be paid into State treasury.—All moneys collected

by the department for special services, fees and penalties shall be

paid into the State treasury, and credited to a fund known as the

weights and measures fund, and available for the use of the department of weights and measures.

Sec. 5275 (1911). Rules, authority of commission to adopt and change;

force of.—The commission shall prescribe and adopt such rules and

regulations as it may deem necessary to carry out the provisions of

this chapter, and it may change, modify or amend any or all rules

whenever deemed necessary, and the rules so made shall have the

force and effect of law.

Sec. 5276. Buties of the department; care of State standards; test other

standards; to have general supervision of weights and measures, etc.; to keep record; annual report.—The department shall take charge of,

keep and maintain in good order the standard of weights and measures of the State and submit them to the Bureau of Standards of

Washington, D. C, for certification when it is deemed necessary;

and shall keep a seal so formed as to impress the letters "MINN"

and the date of sealing upon the weights and measures that are

sealed; it shall test, correct and seal, when found to be accurate, at

least once every year and as much oftener as may be necessary, all the copies of the standards used throughout the State for the purpose of testing the weighing or measuring apparatus used in the

State, and keep a record thereof ; it shall have general supervision of

the weights, measures and weighing or measuring devices offered for

410
MINNESOTA 411

sale, sold or in use in the State ; and shall, upon the written request of

any person, test or calibrate weights, measures, weighing or measuring devices and instruments or apparatus used as standards in the

State ; it shall keep a complete record of the standards, balances and

all testing and sealing apparatus owned by the State, and shall annually during the first fifteen (15) days of January, make a report of its actions to the governor of the State.

Sec. 5277. Authority of department; weights, measures, etc., may be

condemned, seized, or destroyed, when.—The department or any of its employees shall have power to inspect and test all weights, scales,

beams and measures of every kind, instruments and mechanical

devices for measurement, and tools, appliances or accessories con- nected with any or all such instrimients for measurement that are

kept, offered or exposed for sale, or sold, or used or employed within

this State by any person in determining the size, quantity, extent, area or measurement of quantities, things, produce, articles for dis- tribution or consumption, offered or submitted by any person for

sale, hire or reward; and it shall, at least once in each year, and as much oftener as may be deemed necessary, see that the weights, measures and all apparatus used in the State are correct. In the

general performance of this duty the department, or any of its employees, may enter or go into and upon any stand, place, building

or premises to stop any vendor, peddler, junk dealer, coal wagon,

ice wagon, delivery wagon or any dealer whatsoever and require him.

if necessary, to proceed to some place which the scaler [sealer] may

specify for the purpose of making proper tests. Scales, weights, measures or weighing or measuring instruments that are found,

upon inspection, to correspond with the standards in the possession

of the department shall be sealed with proper devices to be approved

by the commission. Any employee shall condemn, seize and destroy

incorrect weights, measures or weigliing or measuring devices which,

in the judgment of the department can not be satisfactorily repaired,

and such as are incorrect and yet may be repaired, shall be marked

as " Condemned for repair," in the manner to be prescribed by the

department. The owners or users of any scales, weights, measures or weighing or measuring instrument which have been so disposed of

shall have the same repaired or corrected within thirty (30) days

and the same shall not be used or disposed of in any way without

the consent of the department.

Sec. 5278. False scale, weight, measures, etc., sale or use of; misde- meanor; penalty.—Any person who shall offer or expose for sale, sell or use, or have in his possession a false scale, Aveight or measure, or weighing or measuring device, or any weight or measure or weighing or measuring device which has not been sealed within one year,

as provided by this law, or use the same in the buying or selling of

any commodity or thing; or who shall dispose of any condemned

weight, measure or weighing or measuring device, or remove any

tag placed thereon by an authorized employee of the department,

or shall sell or offer or expose for sale less than the quantity he represents; or sell or offer or expose for sale any such commodities in

the manner contrary to law ; or shall sell or offer for sale or have

in his possession for the purpose of selling, any device or instrument to be used to, or calculated to, falsify any weight or measure,
412 LAWS CONCEKNING WEIGHTS AND MEASURES

or shall refuse to pay any fee charged for testing and sealing or condemning any scale, weight or measure, or weighing or measuring

device, shall be guilty of a misdemeanor and shall, upon conviction,

be fined a sum not less than twenty dollars ($20) nor more than one himdred dollars ($100) or by imprisonment for not less than ten (10)

days nor more than ninety (90) days, and the costs of such proceedings. No scale, weight, measure, or weighing or measuring device

that has been, sealed hj the department shall be used, sold or exposed

for sale until the fee charged for the service has been paid.

Sec. 5279. Hindering or restricting any employee; misdemeanor; penalty.—Any person hindering, impeding or restricting in any way

any employee of the department while in the performance of his

official duty shall be guiltj'^ of a misdemeanor, and, upon conviction,

be punished by a fine of not less than twenty dollars ($20) nor more

than one hundred dollars ($100) or by imprisonment for not less than ten (10) days nor more than ninety (90) days for each offense.

Sec. 5280. Police power.—The said department and all authorized

emploj^ees under the provisions of this act are hereby made special

policemen and are authorized and empowered to arrest, without

formal warrant, any violator of the statute in relation to weights

arrd measures, and to seize for use as evidence and without formal

warrant, any false weight, measure, or weighing or measuring device or package or kind of commodity found to be used, retained or

offered or exposed for sale or sold in violation of law.

Sec. 5281. State and county treasurers to deliver standards to the

department.—The State treasurer and the county treasurers of the

various counties shall deliver to the dejDartment all standards of

weights and measures, balances, testing apparatus and sealing equipment now in their possession within ninety (90) days after the

passage of this act.

Sec. 5282 (al915). No fees for annual inspection; cost of inspection

at other times; fees for special service, etc.—No fee shall be charged

for the regular annual inspection of scales, weights, measures and

weighing or measuring devices. At all other times, the cost of the

inspection shall be paid by the owner when the same is performed

at his request; and when made at the request of some other person

the cost shall be paid by the owner, if the scale, weight, measure and weighing or measuring device is found to be incorrect ; otherwise

by the person making the request. The commission shall have power

to fix the fees and expenses for all special services. The sum of

ten thousand dollars ($10,000), together with the sum in the weights

and measures fund, is hereby appropriated for the payment of sal- aries of employees and expenses of said department for the fiscal year ending July 31st, 1915, and thirty thousand dollars ($30,000)

annually for the fiscal years ending July 31st, 1916 and 1917, and

the same or so much thereof as may be necessary, shall be allowed

and paid by the State, upon the approval of a member of the rail- road and warehouse commission, and the State auditor. All monies

collected by the department for special services, fees and penalties

shall be paid into the State treasury, and credited to the State reA^- enue fund.

Sec. 5283 (1911). Definition.—The word "person" shall be con- strued to mean person or persons, corporation, partnership, stock

company, or the agent or employee thereof.
MINNESOTA 413

Gen. Stats., 1923, ch. 50, p. 986.

Sec. 7021 (al913). Bry measure The standard measure of capacity

for commodities sold by dry measure, shall be the bushel containing

2,150.42 cubic inches. The half bushel, peck, half peck, quarter

peck, quart and pint shall be derived by successively dividing that measure by two.

Sec. 7022. Liquid measure.—The standard measure of capacity for

liquids, shall be tbe wine gallon, containing 231 cubic inches; and

31.50 gallons shall constitute a barrel, except for fermented malt

liquors, which shall be a barrel of 31 gallons, and 63 gallons a hogshead.

Sec. 7023. Lineal measure.—The standard measure of length, from

which all other measures of extension, lineal, superficial, or solid, shall be derived, is the yard, of 3 feet, or 36 inches.

Sec. 7024. Hundredweight.—In contracts for the sale of goods or commodities, the term " hundredweight " shall mean 100 pounds

avoirdupois.

Sec. 7025. Standard weights of bushel.—In contracts for the sale of

any of the folloAving articles, the term " bushel " shall mean the number of pounds avoirdupois herein stated.^

Pounds Tomatoes 50

Scarlet runner pole beans 50

White runner pole beans 50

Barley 48

Millet 48

Hungarian-grass seed 48 Sweet corn 48

Cucumbers 48

Peaches 48 Broad Windsor beans 47

Carrots 45 Timothy seed 45

Pears 45

Parsnips 42

Spelt or splits 40

Cranberries 36 Oats 32 Bottom onion sets 32 Dried apples 28 Dried peaches 28 Top onion sets 28 Peanuts 22 Blue grass 14 Orchard grass 14 Red-top seed 14

Plastering hair, unwashed 8

Plastering hair, washed 4 Lime (but if sold by the barrel the weight shall be 200 pounds) 80

Pounds Corn in ear 70 Beans (except lima beans, scarlet runner pole beans, and white runner pole beans, and broad

Windsor beans) 60 Smooth peas 60 Wheat 60 Clover seed 60

Irish potatoes 60

Alfalfa 60 Broomcorn seed 57 Sorghum seed 57

Shelled corn (except sweet corn).. 56 Rye 56 Lima beans 56

Flaxseed 56 Wrinkled peas 56 Sweet potatoes 55 Turnips 55 Onions 52 Rutabagas 52 Buckwheat 50 Hempseed 50 Rapeseed 50

Beets 50 Green apples 50 Walnuts 50 Rhubarb 50 Hickory nuts 50 Chestnuts 50

Sec. 7026 (1913). Standard measurement of wood.—In all contracts

for sale of wood the term " cord " shall mean 128 cubic feet of wood,

in four-foot lengths ; and if the sale is of " sawed wood," a cord shall mean 110 cubic feet when ranked, or 160 cubic feet when thrown

irregularly or loosely into a conveyance for delivery to the purchaser; and if the sale is of "sawed and split wood," a cord shall

' For convenience In printing a slight cbange has been made in arrangement of these articles.
414 lAWS CONCERNING WEIGHTS AND MEASURES

mean 120 feet, when ranked, and 175 cubic feet when thrown irregularly and loosely into a conveyance for delivery.

Sec. 7027. Standard weight of coal, cliarcoal aud ice.—In all contracts for the sale of coal, charcoal, and ice, the term "ton" shall mean

2,000 pounds. A sale of coal, charcoal and ice, except by weight, is hereby prohibited.

Sec. 7028. Standard weight of fionr.—In all contracts for the sale of flour, the term " barrel " shall mean 196 net pounds avoirdupois.

Sec. 7029. Fractional parts.—All contracts for the sale of a fractional part of a bushel, barrel, ton or cord of any article or com- modity on which the legal weight or measurement per bushel, barrel, ton or cord has been established, shall require and mean a like

fractional part of the legal and established weight or measurement

per bushel, barrel, ton or cord.

Sec. 7030. Penalty for violation.—Whoever, in buying, shall take

any greater number of pounds or cubic feet to the bushel, barrel,

ton or cord, as the case may be, than is herein allowed and provided,

or in selling, shall give any less number, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than ten dollras ($10) nor more than one hundred dollars ($100), or by imprisonment for not less than ten (10) days nor more than ninety (90) days in the county jail, and the cost of such

proceeding.

Sec. 7031. Variations; duty of railroad and warehouse commission.

The railroad and warehouse commission shall establish uniform tol- erances or reasonable variation to take care of unavoidable shrinkage,

and of scale variations in handling and weighing of any of the arti- cles mentioned in this act. Gen. Stats., 1923, ch. 9, p. 146.

Sec. 1186 (al909). Powers of council; markets; public scales.—The

village council * * * shall have power to adopt, amend, or

repeal all such ordinances, rules, and by-laws as it shall deem expedient for the following purposes: * *

* 10. To establish and regulate markets, provide public scales,

appoint a weighmaster, and restrain sales in the streets.

Sec. 1861 (1907). Inspectors of meters.—That in addition to the

powers heretofore granted by law to the cities and villages in this

State, which power shall not be limited or abridged by the provisions of this act, there is hereby granted to the council or governing board of any such city or village the power and authority to appoint inspectors of gas, electric light, heat and water meters.

Sec. 1862. Duties, etc.—Such inspector shall have power and

authority to, at all reasonable hours, inspect and read any gas,

electric light, heat or water meters, whether the same be connected

with a plant owned by such mrmicipality, or owned or operated

by any person, corporation or association in said city or village.

Such inspection may be made either under the direction of the council or governing board of any such city or village, or at the request

of any private owner or patron of any such gas, electric light, heat

or water plant, and such inspector—when requested or required so

to do—shall report upon the condition of any such meter and in

reference to such other matters concerning the same as shall be re- quired of such inspector, that the term of office of such inspector
MINNESOTA 415

shall not be for a longer period than two years and that the said

inspector's salary shall not exceed fifteen hundred dollars annually.

Sec. 1863. Salary.—The council or governing board of any such

city or village shall have the power and authority to fix and determine the compensation to be paid to or received by such inspector,

and his term of office. Sec. 1921 (1905). Public wagon scales.—That any city containing

not to exceed ten thousand inhabitants, or any village or borough in

this State, is hereby authorized and empowered to maintain a public

wagon scales therein as hereinafter provided.

Sec. 1922. Acquisition, and maintenance.—The common council of

any such municipality is hereby authorized and empowered to buy,

establish and maintain public wagon scales in such municipality, and

said council is hereby authorized and empowered to hire, buy and

maintain scales already in use in said municipality, the same to be

used and maintained as a public wagon scale in such municipality

for the public use therein.

Sec. 1923. Rules and regulations; duty of weighmaster ; compensation.—The common council of such municipality wherein such public

scales are maintained shall have control of such scales and shall make such rules or regulations in regard to the maintenance and

use of the same as they shall deem proper, and said council shall

annually appoint a public weighmaster, whose duty it shall be to have charge of such scales and properly weigh all articles and commodities thereon as hereafter provided and give a statement in

writing of the weight of such articles or commodities weighed

thereon to the person applying to have such article weighed, and

such statement shall be prima facie the correct weight of said arti- cles or commodities, and the common council shall fix the compensation of said weighmaster, which compensation shall be paid

out of the treasury of such municipality, and shall, from time to timCj fix the price to be charged for weighing any article or com- modity thereon, and the weighmaster shall collect such charge at the time of weighing such article or commodity, and he shall at the

end of each month pay all moneys collected by him for such charge

into the treasury of the municipality and file with the recorder of

such municipality a statement of the amount of such money

collected.

Sec. 1924. Scales to be tested; who may use.—Such scales shall be

tested, stamped and sealed by the sealer of weights and measures,

before being used, and as often thereafter as may be necessary. Any

person either buying or selling any article or commodity by weight

to be delivered in such municipality wherein such public scales are maintained may have the same weighed upon such public scales by

paying the fee charged for weighing thereon.

Sec. 1925. Where not to apply.

Provided, That this act shall not

apply to any city having a charter which provides for a city weighmaster.

Gen. Stats., 1923, ch. 21, p. 554.

Sec. 3792 (1921). When food is deemed to be misbranded.—The term

" misbranded " as used herein shall apply to all articles of food, or

articles which enter into the composition of food, the package or label 517—26 ^27
416 LAWS CONCERNING "WEIGHTS AND MEASTJK.ES

of which shall bear any statement, design or device regarding such

article, or the ingredients or substances contained therein which shall

be false or misleading in any particular, and to any food product

which is falsely branded as to the State, Territory or country in

which it is manufactured or produced.

For the purposes of this act an article shall also be deemed to be

misbranded

In the case of food : * * * Third. If in package form the quantity of the contents be not

plainly and conspicuously marked on the outside of the package in

terms of net weight, measure or numerical count : Provided, however.

That reasonable variations may be permitted, and tolerances and

also exemptions as to small packages may be established, by rules

and regulations made in accordance with the provisions of sections

16, 16 and 17 of this act [3804, 3805, and 3806] : And provided further, That the dairy and food commissioner shall have full authority

to determine when food is in package form.

Gen. Stats., 1923, ch. 28, p. 659.

Sec. 4668 (1907). Inspection of track scales.—The railroad and warehouse commission shall have power to enforce reasonable regulations

for the weighing of cars and of freight offered for shipment in carload

lots. All track scales used by common carriers for the purpose of

weighing carload freight shall be under the control and jurisdiction

of the commission and subject to inspection, exempt from the jurisdiction of sealers of weights and measures. The entire cost of such

supervision and inspection shall be a proper charge against the com- mon carriers interested in or owning the several scales, the same to be paid upon a statement rendered by the commission. All moneys

collected shall be credited to the grain inspection fund.

Sec. 4669 (1909). Sealing device for scales.—The railroad and ware- house commission, hereafter called the commission, is hereby au- thorized and directed to inspect all sealing devices made for the purpose of sealing scales known to be on the market, and to officially

approve any device considered by the commission to be a proper and

safe device to be used in the sealing of scales.

Sec. 4670. Sealing device, when required.—When directed to do so by the commission, any person or company owning and operating a

scale under the jurisdiction of the commission is hereby required to

install such scale with some sealing device which has the official approval of the commission.

Sec. 4671. Penalty for failing to install; for tampering with.—^Any

person or company failing within thirty days after notice to install

such sealing device when directed to do so by the commission, shaU

be subject to a penalty in the sum of one hundred dollars. It shall

be a felony for any person to change, break or tamper with, or cause

to be changed, broken or tampered with, the sealing device or sealing

thereof after the same has been properly installed and inspected by

some authorized agent of the commission.

Sec. 4672 (1921). Kailroad and warehouse commission may require

scales installed.—After an investigation and hearing, upon its own

motion, the railroad and warehouse commission is hereby authorized

to require the installation of track scales at terminal warehouses
MINNESOTA 417

where it shall find such iBstallation to be practicable and to be

necessary for the prompt and economical weighing of grain and

grain products at such warehouses, provided that the expense of

such installation shall be borne by the owner of such warehouse.

Sec. 4673 (al913). Track scales may be ordered by commission, and

to be under its control.—The railroad and warehouse commission shall

have power to order in and require the installation of track scales used by common carriers at all points in the State where the same

are deemed to be necessary, and enforce reasonable regulations for

the weighing of cars and of freight.

All track scales used by common carriers for the purpose of weighing carload freight shall be imder the control and jurisdiction of

the commission and subject to inspection, exempt from the jurisdiction of sealers of weights and measures. The entire cost of such

supervision and inspection shall be a proper charge against the com- mon carriers interested in. or owning the several scales, the same to be paid upon a statement rendered by the commission. All moneys

collected shall be credited to the grain inspection fund.

Sec. 4674. Carrier to move test car used by State free of charge.

Every carrier shall transport, move, and switch to any track scale in this State free of charge on the application of the commission or

its authorized agent, any test car used by the State in testing track

scales.

Sec. 4675 (1913). Test cars ordered purchased and master scale ordered located.—The railroad and warehouse commission, hereinafter called the commission, is hereby authorized to purchase two test cars, to be used in testing track scales, at a cost of not to exceed five thousand dollars each; also erect on some railroad track in or near

Minneapolis, St. Paul, or Minnesota Transfer, where a permanent

free site can be procured, a master track scale with a building for

the same, to be used in testing and verifying the weights of test cars

scales and building not to cost to exceed seven thousand five hundred

dollars.

Sec. 4676 (1923). Track scales to be installed.—The railroad and

warehouse commission, hereinafter called the commission, is hereby

authorized to purchase and install a two-section master railroad

track scale, to be used in proving the correctness of railroad track

scale test cars, the commission also is authorized to repair and

extend the present master track scale house and railroad track, and

to alter and repair its railroad track scale test cars, at a total cost for all such betterments of not to exceed twenty thousand dollars.

Sec. 4677. The commisison is hereby authorized to pay the cost of

the foregoing betterments from the grain inspection fund.

Sec. 4678 (1911). Weighing coal; track scales; powers of commission.—The railroad and warehouse commission shall have power to enforce reasonable regulations for the weighing of cars of coal

offered for shipments in carload lots in this State, except coal

shipped by any person, company or corporation for their own use

or consumption.

All track scales now or hereafter used by common carriers or by

shippers of coal for the purpose of weighing carload lots of coal

shall be under the control and jurisdiction of and subject to inspection by such conmiission, and such scales over which the said com-
418 LAWS conceenhstg weights and measures

mission assumes control and jurisdiction, shall be exempt from the

jurisdiction of sealers of weights and measures.

Sec. 4679. Same; duty of commission.—Such commission shall cause

to be weighed all coal shipped in carload lots from any coal dock or

coal distributing point in the State of Minnesota, except coal

shipped therefrom by any person, company or corporation for their

own use or consumption.

Sec. 4680. Same; weighmasters and weighers.—The commission shall

appoint such weighmasters and weighers as may be necessary to carry the provisions of this act into effect. Such weighmastei's and

weighers shall each give bond to the State of Minnesota in the sum of five thousand ($5,000) dollars, conditioned for the faithful

discharge of his duty, and such weighmaster and weighers shall have authority to carry out and perform their duties hereunder,

pursuant to such rules and regulations as shall be prescribed by such

commission and shall pursuant thereto control and supervise the

weighing of all coal herein required to be weighed by such commission.

Sec. 4681. Same; fees.—The fees for such weighing shall be fixed

by the commission and shall be paid by the person, firm or corporation making such shipment.

Sec. 4682. Same; other sections applicable.—All of the provisions of

sections numbered 5047-5052, 5054, 5057, 5058, 5060, and all acts and

parts of acts amendatory thereof and supplementary thereto, as re- ]ating to grain, shall be construed as a part of this act and as relat- ing to coal and coal shipments in carload lots, required to be weighed

m accordance with the provisions of this act, so far as applicable

hereto.

Sec. 4683 (1913). Stock scales in stock yards; powers of commission.

The railroad and warehouse commission shall have the power to order

in and require the installation and maintenance of stock scales at all stock yards in the State where the same are deemed to be necessary, and to fix the capacity of said scales, which said scales shall be for

the free use of all patrons of such stockyards, shipping livestock

from, into or through such stockyards.

Sec. 4684. Private scales prohibited.—All railroad companies maintaining stockyards at railroad stations within this State shall within

ninety (90) days after the passage of this act and thereafter prohibit the installation or maintenance of scales of any kind belonging

to any person, corporation or firm other than railroad companies as provided in section one [4683] of this act, and the installation, use and maintenance of such private scales in such stockyards is hereby

prohibited.

Sec. 4685 (1919). Appointment of weighers; bond.—^The railroad and

warehouse commission shall appoint at public stockyards such

weighers as may be necessary for the purpose of weighing livestock.

Every such weigher shall give to the State a bond in the smn of five thousand dollars ($5,000) conditioned for the faithful discharge of

his duty.

Sec. 4686. Reports; certificates.—Such weighers shall report daily

to the supervisor of stockyards all vv^eights taken by them in such

form as he may prescribe. The supervisor of stockyards shall furnish to interested parties a certificate setting forth the number of
MINNESOTA 419

animals weighed, for whose account weighed, and the actual weight

of such animal or animals. Such certificate shall be prima facie

evidence of the facts therein certified. See. 4687 (al921). Fees; where deposited.—The commission shall

prescribe the fee necessary to cover the cost of supervision and

weighing to be assessed and collected in such manner as the commission may prescribe. All moneys so collected shall be deposited

in the State treasury and known as the " livestock weighing fund,"

and paid out only on order of the commission and the auditor's warrant. The interest from such deposits of said moneys shall be

credited on the 1st day of each month of such fund, and notice of

the amount of such interest shall be sent to the commission.

Sec. 4688 (1919). Weighers' qualifications.—No such weigher shall during his term of service be in any manner interested in the handling, shipping, purchasing or selling of live stock, nor in the employment of any person or corporation engaged therein, nor shall he

be a member of any live stock exchange or organization of like

character.

Sec. 4690. Appointment may be revoked.—Upon written complaint

filed with the commission, charging any such weigher with ofiicial misconduct, inefficiency, incompetency, or neglect of duty, the commission shall investigate such charge, and if it be sustained, shall remove such officer. Sec. 4691. Penalty.—Any person not duly appointed and qualified,

who shall assume to act as such weigher, shall be guilty of misde- meanor and be punished by a fine of not less than fifty dollars nor more than one hundred dollars.

Sec. 4692. False weights or certificates; penalties.—Any weigher who

shall knowingly or carelessly weigh any live stock improperly, or give any false certificates of weight, or accept money or other consideration, directly or indirectly, for any neglect or improper per- formance of duty, or who shall be guilty of any neglect of duty, and

any person who shall improperly influence, or attempt to influence,

any such officer in the performance of his official duty, shall be guilty

of a gross misdemeanor and shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or imprisonment in the county jail for not less than thirty days nor more than one year, or by both such fine and imprisonment.

Sec. 4693. Terms prohibited.—Any person who is not connected with

the State weighing department is hereby prohibited from using the

term " supervisor of weights " or " State weigher," any representation of the seal of the State, or any other words or device calculated or tending to indicate that the certificate or receipt is issued under

State authority, or to otherwise deceive or mislead the public or any

person interested, when issuing certificates or receipts purporting to show the weight of live stock. Any person found guilty of violating any of the provisions of

this section shall be guilty of a misdemeanor.

Sec. 4694. Interference with supervisor or weigher.—Any person or

corporation who shall obstruct any State supervisor or' weigher in

the performance of his official duties by preventing his proper access

to the scales used in the weighing of live stock or otherwise, shall

forfeit to the State one hundred dollars for each offense.
420 LAWS CONCERNING WEIGHOS AND MEASURES

Sec. 5028 (al923). Inspection of scales,—All scales in such terminal

warehouses, or used for weighing grain in railroad yards at terminal

points, shall be under the control of the State weighmasters and

subject to inspection by them, exempt from the jurisdiction of sealers of weights and measures. They shall be inspected at the request

of any person interested in any grain weighed or to be weighed

thereon. If found incorrect, the cost of inspection shall be paid by

the owner thereof; otherwise by the person requesting inspection.

No scales found incorrect shall be used until reexamined and found

correct.

Sec. 5045 (1895). Weighmasters and weighers.—The commission

shall appoint at each terminal point a State weighmaster and such

weighers as may be necessary, who shall have the control of the

weighing of all grain subject to State inspection, except when otherwise ordered by the party shipping the same. Every such weighmaster and weigher shall give bond to the State in the sum of five thousand dollars, conditioned for the faithful discharge of his duty.

Sec. 5046. Weighmaster's records and certificates.—All weighmasters

and weighers shall keep such records as may be prescribed by the

commission, and shall furnish to any person for whom weighing is done a certificate under his hand, showing the amount of each weight,

the number and initial letter or other distinctive mark of each car weighed, place and date of weighing, and contents of car. Such

certificate shall be prima facie evidence of the facts therein certified.

Sec. 5047. Fees.—The fees for inspection and weighing shall be

fixed by the commission, and shall be a lien upon the grain. If the

grain is in transit, such fees shall be paid by the carrier and treated

as advance charges, and, if received for storage, by the warehouseman, and added to the storage charges. * * *

Sec. 5048 (1907). ftualiflcations of inspectors and weighmasters.—No

member of a board of appeals, chief or deputy inspector, weighmaster, or weigher shall during his term of service be in any way

interested in the handling, storing, shipping, purchasing or selling

of grain, or any of its products, nor in the employment of any person

or corporation engaged therein, nor shall he be a member of any

board of trade or organization of like character.

Sec. 5050. Removal of inspectors and weighmasters.—Upon written

complaint filed with the commission, charging any inspector, deputy

inspector, weighmaster, or weigher with official misconduct, ineffi- ciency, incompetency, or neglect of duty, the commission shall in- vestigate such charge, and, if it be sustained, shall remove such

officer. Sec. 5051. Penalties; personating inspector.—Any person not duly

appointed and qualified, who shall assume to act as a State inspector

or deputy inspector of grain, shall be guilty of a misdemeanor and

be punished by a fine of not less than fifty dollars nor more than

one hundred dollars.

Sec. 5052. Misconduct of inspectors and weighmasters.—^Any in- spector or deputy inspector, weighmaster or weigher, who shall Imowingly or carelessly inspect or weigh any grain improperly, or

give any false certificate of inspection or weight, or accept money

or other consideration, directly or indirectly, for any neglect or improper performance of duty, or who shall be guilty of any neglect of
MINNESOTA 421

duty, and any person who shall improperly influence, or attempt to

influence, any such officer in the performance of his official duty,

shall be guilty of a gross misdemeanor and shall be punished by a

fine of not less than one hundred dollars nor more than one thousand

dollars, or imprisonment in the county jail for not less than thirty

days nor more than one year, or by both such fine and imprisonment.

Sec. 5053. Certificates not issued under State authority; use of certain

words prohibited.—Any person who is not connected with the State

weighing department is hereby prohibited from using the term

" weighmaster," " State weighmaster," any representation of the

seal of the State, or any other words or device calculated or tending

to indicate that the certificate or receipt is issued under State authority, or to otherwise deceive or mislead the public or any person

interested, when issuing certificates or receipts purporting to show

the weight of grain, hay or straw: Provided, That where weighing

is done under the authority of the charter or an ordinance of any

city or village, or under the auspices of any incorporated chamber

of commerce, board of trade or exchange, any certificate or receipt

issued therefor shall on its face plainly show its source and the signa- ture of the person signing the same shall be followed by a designation plainly showing the capacity in which the said signer is acting,

and the term " weighmaster " may be a part of such designation

Provided, further, That every such certificate or receipt issued by

anyone other than the duly authorized representatives of the State

weighing department, shall have plainly stamped or printed across

its face in red ink in letters not less than one-quarter of an inch

high, the words, "This Certificate is Not Issued Under State Authority."

Sec. 5054. Same; penalty for violation.—Any person found guilty

of violating section 1 [section 5053] of this act shall be guilty of a misdemeanor.

Sec. 6055. Obstructing^ weighmaster.—^Any person or corporation

who shall obstruct any State weighmaster or weigher in the performance of his official duties, by preventing his proper access to the

scales used in the weighing of grain or otherwise, shall forfeit to the

State one hundred dollars for each offence.

Sec. 5066 (1923). Warehouseman shall keep record.—Every public

local grain warehouseman shall keep in proper books a record of all grain received, stored or shipped, stating the weight, grade, dockage

for dirt or other cause, and the name of the owner.

Sec. 5067. Standard weights to be used.—No person purchasing, sell- ing, or storing grain in any public local grain warehouse in this

State, as the same is now or may be hereafter defined by law, shall use any other measure for such grain than the standard bushel, and

no other number of pounds shall be used or called a bushel than the

number of pounds provided by law as the standard weight of the

kind of grain in question: Provided, however, That during the

months of October and November not exceeding eighty pounds and

during the months of December and January not exceeding seventytwo pounds may be so used as the standard bushel of new ear corn.

Sec, 5093 (1909). Inspection and weighmaster's certificates.—Every

elevator company, corporation, copartnership, association, or individual, operating any elevator, building, or place in this State for
422 LAWS CONCERNING WEIGHTS AND MEASURES

the purchase, storage or deposit of any grain or other farm commodity, shall be entitled to receive from, and shall demand of, the

officer whose duty it is to issue the same, the official certificate of in- spection in duplicate, together with the weighmaster's certificate in duplicate for any grain or other farm commodity shipped from

any such elevator, building or place and inspected and weighed as provided by the laws of this State.

Sec. 5106, as amended by laws, 1925, ch. 177, p. 172. Live-stock

scales.—Any person, firm or corporation shall have the right to use

as a site for a public elevator, warehouse, coal shed, ice house, buying

station, selling station, or weighing scales or other instrumentalities

for weighing livestock, or use ground space, for receiving, storing or distributing any article of commerce, transported or to be trans- ported, a proper portion of the right of way of any railroad within

the outside switches at any station or siding upon the payment of

reasonable compensation therefor.

Sec. 5107, as amended by Laws, 1925, ch. 177, p. 172. Procurement of site.—Any such person, firm or corporation desiring to construct,

operate or use a public elevator, warehouse, coal shed, ice house,

buying station, selling station, or weighing scales or other instrumentalities for weighing livestock, or use ground space for receiving,

storing or distributing any article of commerce transported or to be

transported, or to continue the use and operation of any such buildings, structures, instrumentalities or ground space where the same

are already constructed or used, upon such right of way of any rail- road, if unable to agree with the person, firm or corporation operating such railroad upon the site for such buildings, structures, instrumentalities and ground space, or the compensation to be paid

therefor, may file a verified complaint with the railroad and ware- house commission setting forth the facts and requesting the commission to establish the location of the site for such buildings, structure,

instrumentalities and ground space or the compensation to be paid

therefor, or both, as the case may be. Such complaint shall be served

upon such railroad company and twenty days, exclusive of the day

of such service, shall be allowed for answer. After the time for

answering has expired the commission shall fix the time and place

for hearing and give at least ten days' notice thereof to both parties.

Sec. 5210 (1905). Terminal points; weighing and inspection of hay,

etc.—Terminal points as designated by this act shall mean the cities of St. Paul, Minneapolis, Duluth and South St. Paul.

Sec. 5211. Public hay tracks,—The railroad and warehouse commission, hereinafter designated " the cormnission," shall designate at con- venient places, on the several lines of railway entering terminal

points in this State, tracks to be known as public hay tracks. The

different railway companies either separately or jointly are hereby

required to provide suitable tracks to meet the requirements of this

act. Such public hay tracks may be established on each individual

line of railway, or they may be so established as to serve for two

or more railways.

Sec. 5212. Delivery at tracks.—^All hay and straw shipped to ter- minal points unless otherwise directed by the consignor shall, by

the common carrier transporting the same, be brought to and delivered at one or another of such public hay tracks, for the purpose

of being weighed and inspected as hereinafter provided.
MINNESOTA 423

Sec. 5213 (al911). Weighing; weighing empty, no charge for.—All

hay and straw so received shall be weighed and inspected by duly

appointed weighers and inspectors of hay and straw under such

rules and regulations as the commission shall establish.

All carriers shall return, free of switching charge for weighing

empty, all cars not reconsigned that have been weighed loaded

with hay or straw, to the scale on which the same was weighed, or some other scale under the charge of the State, used for weighing

hay and straw. Weight on reconsigned cars may be had by the

use of the weight of the loaded car and the marked stencilled

weight on the car. Any carrier failing to comply with any of the

provisions of this act shall be subjected to a penalty of twenty-five

dollars ($25) to be recovered by the aggrieved shipper.

Sec. 5214 (1905), Track scales; control of State weighmasters.—It

shall be the duty of all common carriers transporting hay to such

terminal points to construct and maintain at such public hay tracks

as may be established by the commission, suitable track scales of

such size and capacity as the cormnission shall direct. If in its judgment it is necessary, the commission may order that such track

scales be housed in such a manner as to insure accuracy. All scales

at such hay tracks shall be under the control of State weighmasters

and subject to inspection by them, exempt from the jurisdiction of

sealers of weights and measures. They shall be inspected at the

request of any person interested in any hay or straw to be weighed

thereon. If found incorrect the cost of inspection shall be paid

by the owner thereof ; otherwise by the person requesting inspection.

No scales found incorrect shall be used until re-examined and found

correct : Provided, That nothing in this act shall be so construed as

to prevent the use of such scales by the owner for the purpose of

weighing any other conmiodities in carload lots. Sec. 5215. Appointment of weighers and inspectors; reiuspecting

board of final review.—The commission shall appoint a suitable

number of persons to perform such weighing and inspecting of hay

and straw. Such weighers and inspectors shall be under the immediate supervision of the chief inspector of grain. In case of dis- satisfaction of any interested person with the official acts of any

inspector reinspecting may be had upon application to the aforesaid chief inspector of gram or either of his chief deputies. A final appeal from the decision of said chief inspector of grain or his

deputy inspectors may be made to the board of final review, to be

provided for by the commission under the rules it shall establish.

The decision or such board of review shall be final, provided the

commission may provide suitable rules for the cancellation of any

certificate of inspection issued upon original inspection ; reinspecting

or upon final review when it appears that owing to the manner in

which cars of hay or straw were loaded it was impossible for the

inspector to obtain a fair sample.

Sec. 5216. Rules and regulations.—The commission shall adopt all necessary rules and regulations for the weighing and inspecting of

hay and straw at such terminal points.

Sec, 5217, Penalty for interfering with weighers or inspectors,—In

case any person or railway corporation or any of their agents or employes shall refuse or prevent the aforesaid weighers and inspectors
424 LAWS CONCERNING WEIGHTS AND MEASUBES

of hay and straw from having free access to their scales and tracks

in the regular performance of their duties as such weighers or inspectors of hay and straw, they shall forfeit to the State of Minnesota the sum of one hundred doUars for each offense, such penalty

or forfeiture to be paid to the State treasurer for the benefit of the

hay inspection fund hereinafter created, and shall also be required to pay all costs of prosecution. * *

*

Sec. 5218. Removal of weighers.—The chief inspector of grain shall

have the power to remove any of said weighers or inspectors of

hay and straw at pleasure.

Sec. 5219. Fee; compensation.—Such weighers and inspectors of

hay and straw shall be governed in the performance of their duties

by such rules and regulations as may be provided by the commission; the commission shall have power to fix the rate of charges for

the weighing and inspecting of hay and straw and the manner in

which the same shall be collected, which charges shall be regulated

in such manner as will in the judgment of the commission produce

sufficient revenue to meet the necessary expenses of the weighing

and inspecting service, and no more; the commission shall fix the

amount of compensation to be paid to the weighers and inspectors

of hay and straw and prescribe the time and manner of payment

thereof, which compensation shall be paid out of a hay inspection

fund, hereinafter created, on the order of the commission.

Sec. 5220. Disqualifications.—No weigher nor inspector of hay or straw nor any of the sureties on their bond, or bonds as the case may be, shall during his term of service be in any way interested in

the handling, storing, shipping, purchasing or selling of hay or

straw, or any of their products, nor in the employment of any per- son or corporation engaged therein, nor shall they be members of

any board of trade or organization of like character.

Sec. 5221. Removal of weighers.—Upon complaint in writing of any

person to the commission, supported by reasonable and satisfactory

proof that any weigher or inspector of hay and straw has violated

any of the rules prescribed for his government, or has been guilty

of any improper official act, or has been found inefficient or incompetent for the duties of this position, such person shall be by the commission immediately removed from office. Sec. 5222. Penalty for impersonation.—^Any person not duly appointed and qualified, who shall assume to act as a weigher or in- spector of hay and straw, shall be guilty of a misdemeanor and be

punished by a fine of not less than fifty nor more than one hundred

dollars.

Sec. 5223. Penalty for neglect and bribery.—Any duly authorized

weigher or inspector of hay and straw who shall be guilty of any

neglect of duty or who shall knowingly or carelessly weigh or in- spect any hay or straw improperly, or who shall accept any money or other consideration, directly or indirectly, for any neglect of duty

or any improper performance of duty as such weigher or inspector

of hay and straw, or any person who shall improperly influence or attempt to influence any weigher or inspector of hay and straw in the

performance of his duties as such weigher or inspector, as the case may be, shall be deemed guilty of a misdemeanor and on conviction

thereof shall be fined not less than one hundred dollars nor more than

one thousand doUars or shall be imprisoned in the county jail not
MINNESOTA 425

less than thirty days nor more than one year, or both, in the discretion of the court.

Sec. 5227. Weighers to keep record.—All weighers of hay and straw

provided for by this act shall be required to make true weights under the penalties hereinbefore provided, and in addition thereto shall keep a correct record of all weighing done by them at the hay tracks

where they are stationed, in which record shall be entered an accurate account of all hay, straw, or other property weighed, or the

weighing of which was supervised by them or their assistants, giving

the amount of each weight, the number of the car or cars weighed,

if any, the initial letter of said car or cars weighed, where weighed,

date of weighing and contents of car.

See. 5228. Certificates.—Said weighers and inspectors of hay and

straw shall give upon request of any person interested certificates under their hand and seal showing the amount of each weight, or if inspected, the grade, number of car or cars weighed or inspected, if any, the initial of said car or cars, hay yard where weighed or in- spected, date of weighing or inspecting and contents of car: Provided, That such certificate of weights shall be admitted in all actions

either at law or in equity as prima facie evidence of the facts therein

contained, and as prima facie evidence that any contract of sale and

purchase of such hay was made upon such weights and grades, but

the effect of such evidence may be rebutted by other competent

testimony.

Sec. 5230. Supervision.—It shall be the duty of the commission to assume and exercise a constant supervision over the hay and straw

interests of this State ; to supervise the handling, weighing, inspecting and storage of hay and straw ; to establish all necessary rules and

regulations for the weighing, grading, inspecting and reinspecting

of hay and straw, and for the management of all public hay tracks

at terminal points in this State as far as such rules and regulations

may be necessary to enforce the provisions of this act, or any law

in this State in regard to the same; to investigate all complaints of

fraud or oppression in the hay and straw trade, and to correct the same as far as may be in their power.

Sec. 5263 (1919). Weight of hay and corn.—It shall be unlawful

for any public stockyards operator to sell and deliver at the rate of less than two thousand pounds for a ton of hay or any part

thereof, or to sell and deliver less than seventy pounds ^ of corn

in the ear for a bushel or less than fifty-six pounds of shelled corn

for a bushel. Gen. Stats., 1923, ch. 21, p. 554.

Sec. 3815 (1921). Standard measure for milk and cream.—All milk or cream received or purchased for the purpose of manufacturing the same into butter or cheese, or condensing or drying the same, shall be

received or purchased by weight, and payment therefor shall be

upon the basis of the butter fat contained therein. The standard

pipette for measurement of milk shall have a capacity t;f seventeen and six-tenths cubic centimeters and the standard for the measurement

of cream shall be eighteen grams by weight. The standard test tube

or bottle for testing milk shall have a capacity between zero and

» See also sec. B067.
426 LAWS CONCERNING WEIGHTS AND MEASURES

ten on the graduated scale, marked on the neck thereof, of two cubic

centimeters of mercury, at a temperature of 60 degrees Fahrenheit, and the standard test tube or bottle for testing cream shall have a capacity of six cubic centimeters of mercury, at the same

temperature, between zero and thirty on the scale. Any person

who shall use any other measuring pipette, test tube or bottle for

measuring or testing milk or cream sold or purchased at prices

determined by the portion of butterfat contained therein; any per- son who shall manufacture or sell a cream or milk pipette, test tube or bottle which is not correctly marked or graduated as herein

provided; any person who shall use or employ any other appliance

than the Babcock test for ascertaining the butterfat content of

milk or cream; any person who shall underread, overread, or otherwise falsify or manipulate the reading of such test, or who shall

falsely state, certify or use in the purchase or sale of milk or cream

a misreading of such test, whether the test or actual reading shall have been made by such person or by any other person, shall be

deemed guilty of a misdemeanor.

Sec. 3875 (1919). Feeding stuffs, net weight to be shown.—Any person,

company, corporation or agent who shall sell, offer, or expose for

sale or distribution in this State, any concentrated commercial feeding stuffs shall afBx, or cause to be affixed, to every package or sample

of such concentrated commercial feeding stuffs, in a conspicuous

place on the outside thereof, a tag or label which shall be accepted

as a guarantee of the manufacturer, importer, dealer, or agent, and

which shall have plainly printed thereon in the English language,

the number of net pounds of concentrated commercial feeding stuffs in the package, the name, brand or trade-mark under which the

concentrated commercial feeding stuffs are sold, the name of the

manufacturer, the location of the principal office of the manufacturer, * *

*

Sec. 3896 (1915). Commercial fertilizers; weight to be marked.

That any person, firm or corporation who shall offer, sell or expose

for sale, in the State of Minnesota, any commercial fertilizer the

price of which exceeds five dollars ($5) per ton, shall affix to every

package, in a conspicuous place on the outside thereof, or furnish

to the purchasers of goods sold in bulk, a plainly printed certificate,

naming the materials, including the filler, if any, of which the fertilizer is made, stating the number of pounds in the package sold, the name or trade-mark imder which the article is sold, the name of the

manufacturer and the place of manufacture; * *

*

Gen. Stats., 1923, ch. 21A, p. 573.'

Sec. 3966 (1913). Construction of term " cotton duck."—That for the

purpose of this act cotton duck or canvas shall be deemed to include

aU cotton duck or canvas, whether single filling, double filling, army

roU or wide duck.

Sec. 3967. What shall constitute one yard.—That for the purposes

of this act, the equivalent of thirty-six (36) inches in length by

twenty-nine (29) inches in width, or seven and one-fourth (7^)

square feet of cotton duck or canvas shall constitute a yard, and

an ounce shall be one-sixteenth part of a pound avoirdupois.

Sec. 3968. Correct weight and contents to be branded on article sold.

Any person, company or corporation who shall manufacture for sale
MINNESOTA 427

or who may offer or expose for sale any cotton duck or canvas or any article other than clothing and wearing apparel composed or made in whole or in part of cotton duck or canvas, shall distinctly

and durably stamp, brand or mark thereon the true and correct weight of such cotton duck or canvas, by ounces per yard, together

with a description by name of any filler or other preparation placed

in or on said cotton duck or canvas since its manufacture.

Sec. 3969. Unlawful to sell same unless branded as above.—It shall be

unlawful for any person or corporation either individually or in

any representative capacity, to carry for sale, sell or endeavor to

sell any cotton duck or canvas as herein defined, or any articles other

than clothing and wearing apparel, composed or made in whole

or in part of any cotton duck or canvas without having marked

thereon the true and correct weight of said canvas or cotton duck by

ounces per yard, together with a description by name of any filler or

other preparation placed in or on said cotton duck or canvas since its manufacture, or to misstate, misrepresent or conceal the true weight

of said canvas or cotton duck by ounces per yard, or to misstate,

misrepresent or conceal the existence of any filler or other preparation placed in or on said cotton duck or canvas since its manufacture.

Sec. 3970. Concealing or misstating correct size unlawful.—It shall be

unlawful for any person or corporation either individually or in

representative capacity, selling, carrying for sale or endeavoring

to sell any awnings, paulins, wagon covers, tents, grain and hay

covers, stable or tent tops, to misstate or misrepresent or conceal

the true and correct size and dimensions thereof.

Sec. 3971. Unlawful to deface mark.—It shall be unlawful for any

person to deface, mutilate, obscure, conceal, efface, cancel or remove any mark provided for by this act, or cause or permit the same to be done with intent to mislead, deceive or to violate any of the provisions of this act.

Sec. 3972. Penalty for violation.—Any person, company or corporation violating any of the provisions of this act shall be deemed

guilty of a misdemeanor and on conviction thereof shall for the first offense be punished by a fine of not less than twenty-five dollars

($25.00) nor more than fifty dollars ($50.00) and for each subsequent offense by a. fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00).

Gen, Stats., 1923, ch. 101, p. 1413.

Sec. 10401°. Use of false weights a misdemeanor.—Every person

who shall injure or defraud another by using, with knowledge that

the same is false, a false weight, measure, or other apparatus for determining the quantity of any commodity or article of merchandise,

or by knowingly delivering less than the quantity he represents; or who shall retain in his possession any weight or measure, knowing

it to be false, unless it appears beyond a reasonable doubt that it was

so retained without intent to use it, or permit it to be used in violation of the foregoing provisions of this section; or who shall knowingly mark or stamp false or short weights or false tare on any cask

or package, or knowingly sell or offer for sale any cask or package

so marked—shall be guilty of a misdemeanor.
428 lAWS CONCEENING WEIGHTS AND MEASUBES

Sec. 10402 (1913). Containers for small fmits to be of legal size.—It

shall be unlawful for any person to sell, offer for sale, or give away,

any containers for the distribution of berries or small fruits in less quantities than one bushel, unless said containers are of the capacity

of one quart, one pint, or one-half pint, or multiples of a quart

standard dry measure, and all sales of raspberries, blackberries, blueberries, currants, gooseberries, strawberries, and similar berries, and

all plums, cherries and similar small fruit, in less quantities than one

bushel shall be by dry measure, or in containers as above specified.

The possession of containers for berries or small fruit shall be presumptive evidence that they were to be used for distribution.

Sec. 10403. Not to be refLlled; violation a misdemeanor.—In no case

shall said containers be refilled for use in the sale of berries or small

fruits of any kind whatsoever.

Sec. 10404. Penalty.—Any person violating the provisions of this

law shall be guilty of a misdemeanor and punished by a penalty of

not less than ten dollars nor more than one hundred dollars, or by

imprisonment in the county jail for not less than ten days nor more

than ninety days.
MISSISSIPPI

Hemingway's Ann. Code, 1917, ch. 72, p. 1605.

Sec. 3346 (1914). That the standards of the weights and measures

of this State as given below shall be deposited with the secretary of

state and also at the different State institutions of learning, and the

secretary of state and the proctors of those institutions are authorized to confirm and seal all weights and measures brought to them,

and to receive the fees therefor. And on all sales by weight of the

agricultural products hereinafter named the number of povmds per

bushel or the number of pounds per gallon as stated in the following

schedule shall be the true and legal standard weight, viz : ^

Pounds Wheat, per bushel 60

Corn, in the ear ^ 72

Corn, shelled, per bushel 56 Rye, per bushel 56 Buckwheat, per bushel 48

Barley, per bushel 48

Oats, per bushel 32

Peas, per bushel 60 White beans, per bushel 60 Castor beans, per bushel 46

Irish potatoes, per bushel 60 Sweet potatoes, per bushel 54

Onions, per bushel 57

Turnips, per bushel 55 Dried peaches, per bushel 33 Dried apples, per bushel 26

Clover seed, per bushel 60

Flax seed, per bushel 56

Millet seed, per bushel 50 Hungarian grass seed, per bushel. 50

Timothy seed, per bushel 45 Blue grass seed, per bushel 14

Pounds Hemp seed, per bushel 44

Salt, per bushel 50

Corn meal, per bushel 48 Ground peas, per bushel 24

Malt, per bushel 38

Bran, per bushel 20

Stone coal, per bushel 80

Lime, unslacked, per bushel 80

Sorghum seed, per bushel 42 Corn meal, bolted, per bushel 44

Corn meal, unbolted, per bushel-. 48

Flour, in barrels, per barrel, net.. 196

Flour, in half barrels, net 98

Flour, in one-fourth barrel sacks, net 48

Flour, in one-eighth barrel sacks, net 24

Meal, in barrels, net 200

Sorghum, per gallon 11 Louisiana cane molasses, per

gallon 11 Cotton seed » 32

Sec. 3347. Penalty for using short weights or measures.—That it is hereby made a misdemeanor for any person or corporation to sell or buy any of the foregoing commodities on short weights in violation

of the above schedule of rates and any such person or corporation

upon conviction shall be punished by a fine of not less than five nor more than fifty dollars.

Sec. 3348°. Contracts.—All contracts for work or labor done, or anything to be sold and delivered, will be construed to have been

made according to the standards, unless the parties stipulate to the

contrary.

Sec. 3349. Standard for counties and cities.—The board of supervisors of every coimty, and the mayor and board of aldermen of

every city, may procure the standards of weights and measures, duly

> For convenience In printing a sUght change has heen made in arrangement of these

articles. "See Laws, 1923, ch. 114, p. 108, Infra. >See sec. 3362. 429
430 LAWS CONCEBNING WEIGHTS AND MEASURES

sealed by the secretary of state or some proctor, and consisting of one weight of fifty pounds, one of twenty-five pounds, one of four- teen pounds and one of seven pounds; two of four pounds, two of

two pounds, and two of one pound, avoirdupois; one measure of one yard, and one of one foot, cloth measure; one measure of half a

bushel, one of one peck, and one of one-half peck, dry measure ; one measure of one gallon, one of a half gallon, one of one quart, one of one pint, and one of one gill, wine measure.

Sec. 3350. Inspector of provisions to be keeper of standards; sealing

and fees.—The inspector of provisions appointed for the county or

city shall be the keeper of the standards of weights and measures, and shall seal by such standards all measures brought to him; but

if there be no such officer, the clerk of the circuit court and the

clerk of the city shall be respectively keepers of the standards for

the county and city, and shall seal weights and measures brought

to them, and receive the fees allowed.

Sec. 3351. Stamps for sealing measures.—The boards of supervisors

and mayors and boards of aldermen shall respectively provide the

proper stamps or brands with which to seal weights and measures.

Sec. 3352. Cotton seed.—Unless otherwise agreed upon, a bushel of

cotton-seed shall be thirty-two pounds avoirdupois.

Sec. 3353 (1908). Coal, ton of; box or barrel of.—The standard

weight of coal shall and is hereby established at two thousand

(2,000) pounds to the ton, or two hundred (200) pounds to the box

or barrel, and miless otherwise agreed upon, coal shall be sold by

the ton of two thousand pounds, or the box or barrel of two hundred

pounds.

Sec. 3354°. Measures of charcoal,—Unless otherwise agreed upon,

charcoal shall be sold by measure, and the measure of charcoal shall

be a barrel of the capacity of three and one-quarter bushels.

Sec. 3355. Measure of saw logs, etc.—The table known as " Scribner's

lumber and log book by Doyle's rule " is the standard rule of measure- ment by which sawlogs and square timber shall be measured. The

use of any other rule of measurement is unlawful; and any person

who shall use any other rule which gives a less number of feet in a given logj shall be guilty of a misdemeanor, and punished accordingly, and be liable to any person injured for triple damages.

Sec. 3356. Dealers to have none but sealed measures.—When the

county or city is supplied with the standards of weights and measures, every dealer therein shall have none but sealed weights and

measures, and the weights shall be so sealed as that the removal of

any part of the filling will destroy or deface the seal; and every

dealer having, in such case, any weight or measure which has not

been duly sealed, shall be guilty of a misdemeanor, and shall, moreover, forfeit ten dollars for every day he may have any imsealed

weight or measure.

Sec. 3357. Selling by false weights or measures.—If any person shall

sell anything by any false weight or measure, whereby another shall

be cheated ; or if any person shall sell any light-weight loaf or package, calling the same a pound or other quantity, or if any person

shall sell any under-capacity bottle or other vessel, calling it a pint,

quart, or other quantity, he shall be guilty of a misdemeanor and

fined not Jess than ten dollars, and imprisoned not less than ten days.
MISSISSIPPI 431

Sec. 3358. Food packages to be labeled.—The correct name and the

true net weight of the contents of each and every hogshead, barrel,

box, cask, bale, sack or package of flour, corn meal, cotton-seed meal

and of any and all other kinds of feeding stuli made from cereals

of any kind, whether pure, mixed or adulterated, and whether sold

in single packages or lots, shall be plainly marked, branded or' stenciled in large, legible letters and figures, upon the exterior of

such hogsheads, barrel, box, cask, bale or package, and it shall be

unlawful for any person, firm or corporation or the agent, employe

or reprssentative of any person, firm or corporation to sell or ex- change or offer for sale or exchange any of such mill products, so packed or contained, until the provisions hereof have been complied

with.

Sec. 3360. Penalty.—If any person shall violate the provisions of

the two preceding sections [Sections 3358 and 3359] he shall be

deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in the sum of not less than twenty-five dollars nor more

than one hundred dollars. Hemingway's Ann. Code, 1917, ch. 107, p. 2199.

Sec. 4658°. Inspectors liable as other officers.—Every inspector of

foods shall be liable, civilly and criminally, as other officers are, for

fraud and any malfeasance or misfeasance in office, and shall be

liable on his bond for the safe-keeping and accounting for the standards of weights and measures.

Sec. 4663. Underweight barrels of flour, meal, pork and beef for- feited.—If any person shall sell, keep, or offer for sale, any barrel

of flour, meal, pork, or beef, as a barrel thereof, containing less than the standard weight net, he shall forfeit to the county all of

such underweight flour, meal, pork, or beef which he may have in

his possession.

Sec. 4669 (1910). Articles deemed mislabeled.—That for the purpose

of this act an article shall be deemed to be mislabeled or misbranded

If in package form, and the contents are stated in terms of weight

or measure, they are not plainly and correctly stated on the outside

of the package.

Hemingway's Ann. Code, 1917, ch. 138, p. 2471.

Sec. 5681°. Millers to keep sealed measures and toll dishes.—Every

owner or occupier of a mill grinding for toll shall keep and use

therein sealed measures of half-bushel and peck, and a sealed toll dish, and shall measure all grain by strike measure, under penalty

of paying five dollars for every such failure, recoverable, with costs, before a justice of the peace, to the use of the informer; but this

shall not apply to plantation mills.

Hemingway's Ann. Code, 1917, ch. 144, p. 2501.

Sec. 5812°. Powers, how exercised.—The powers hereby gr'anted shall

be exercised by the mayor and board of aldermen of the respective

cities, towns, and villages, as hereinafter set forth.

Sec. 5813. Powers of mayor and board of aldermen.—The mayor and

board of aldermen of every city, town, and village shall have the care, 517—26 ^28
432 LAWS CONCEKNING WEIGHTS AND MEASUKES

management, and control of the city, town, or village, and its property and finances, and shall have the power to enact ordinances for

the purposes hereinafter named, and such as are not repugnant to the

laws of the State, and such ordinances to alter, modify, and repeal;

and they shall have power.

Sec. 5822. Weighing, measuring and inspecting.—(Ninth) To prescribe rules for the weighing and measurement of every coromodity

sold in the municipality, in aU cases not otherwise provided by law,

and provide for the measuring of wood and fuel and the weighing of

coal, and determine the place or places for the sale of the same, and fix the fees and duties of the person authorized to perform the duties

herein named; and to provide for the inspection and condemnation

of coal-oil, gasoline, naphtha, and all other inflammable and combustible oils, fluids, or gases used for heating or lighting purposes,

when the same shall not be of the quality and standard prescribed

by ordinance.

Sec. 5850. May test water, electric light and gas meters.—If, upon

complaint of any citizen or citizens interested, the board of mayor and

aldermen of any municipality finds that there is reasonable ground

for believing that any meter or meters intended to measure or register

the quantity of water, or electric light or power, or gas supplied or furnished by any individual, company or corporation to the municipality or its inhabitants is or are of a less candle power or degree

of brilliancy than required by contract, said mayor and board of

aldermen may employ an expert, who shall examine and test said

meter or meters and said light or lights, as the case may be, and

report back to said board, notice of the time and place of the proposed test or tests being first given to all parties interested; and if such examination or test shall show the fact that said meter or meters measure or register incorrectly or excessively, or that said light or

lights are of a less candle power or brilliancy than required by

contract, then all expenses of such examination and test incurred by

said municipal authorities shall be charged against and collected

back from said individual, company or corporation supplying or furnishing said water, electric light or power, or gas, as the case may be, and such penalties may be imposed as the municipal ordi- nances may provide. This section shall apply to all mimicipalities

whether the same have elected to come imder this chapter or not. Hemingway's Ann. Code, 1917, ch. 15, p. 617.

Sec. 1106 (1888). Scalage.—If any purchaser or Aveigher of cotton

shall deduct from the true weight of any bale or package thereof

any amount whatever, as scalage, with intent to diminish the sum to be paid or credited to the seller, he shall be guilty of a misdemeanor,

and, on conviction, shall be fined not less than ten dollars nor more

than twenty.

Sec. 1107.- Actual weight.—If any purchaser of cotton shall fail to account to the seller for the actual weight of the cotton bought,

except where the amount of the deduction is agreed upon between

them, or adjudged by a disinterested person for them, he shall be

guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in the last section.
MISSISSIPPI 433

Hemingway's Ann. Code, 1917, ch. 147, p. 2615.

Sec. 6159°. Standard measure for oysters.—That a standard measure

for oysters is hereby established, which said measure shall consist

of a tub or other round vessel of the following dimensions, to wit:

It shall measure seventeen inches in diameter inside at the bottom and

twenty-one and one-half inches inside at the top, and fourteen and

one-half inches inside from bottom to top, the unit of such tub or measure to be in the shape of inverted frustum of a cone. Two of

these measures filled to the top shall make one barrel, and all oysters bought or sold in this State in the shell shall be measured

in a measure of this dimension or measure holding a fraction or multiple thereof, and it shall be unlawful for any person to have

in his possession any measure for oysters in the shell which shall

differ in size from the measure herein provided for, or to demand

or require a greater or less measure in buying or selling; and no

vessel or measure shall be used in buying or selling oysters until it has been measured and stamped by the oyster inspector with a metal

tag or stamp, showing the quantity of oysters such measure will hold.

It shall be the duty of the oyster inspector to make such measure- ments and to visit for that purpose each place where oysters are bought and sold as required, not to exceed once in each month

during the canning season, and shall keep a book in which shall be recorded the dimensions of all vessels so measured. And for

each stamp the chief inspector shall receive the sum of twentyfive cents from the person, persons or corporation to whom it is issued. The chief inspector shall keep a book to be known as the

" oyster measure record," in which he shall register the names of

each person, firm or corporation to whom he has issued such stamp

and the date of issuance ; and said record shall be open for the inspection of the public during business hours; and for every false or fraudulent issuance of said stamp or for every stamp issued without

a record thereof being kept, in the " oyster measure record," the

chief inspector shall be guilty of a misdemeanor and shall, on conviction, be fined the sum of fifty dollars, one-half of which shall be

paid to the person or persons informing on the chief inspector.

Hemingway's Ann. Code, Suppl., 1921, ch. 147A, p. 542.

Sec. 6166a (1920). Paint, varnish, etc., unlabeled.—It shall be

unlawful for any person, firm or corporation within this State to manufacture for sale, sell, or exchange, or to offer or to keep for

sale or exchange any paint, putty, linseed oil or other paint oils,

turpentine or varnish that is not labeled in accordance with the

provisions of this act, or which is adulterated or misbranded or

insufiiciently labeled or branded; and any person, firm, or corporation violating any provision of this act shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than twentyfive dollars, and not more than one hundred dollars for the first offense, and not less than fifty dollars and not more than two

hundred dollars for each subsequent offense.

Sec. 6166b. Term " paint " defined.—The term paint as used herein

shall include all substances, whether dry or ground in oil, used

or intended for use as paint or as components of paint. It shall

include paste and semi-paste paints, house, carriage, wagon, barn.
434 LAWS CONCERNING WEIGHTS AND MEASURES

floor, roof, and implement paints and enamels, and all kinds of liquid

and ready mixed paints. It shall not include artists' colors, liquid

bronzes, colors intended to be mixed with water for decorative purposes, wood fillers, stove polishes or stove enamels, and shingle and

roof stains.

See. 6166c. Eeceptacles to bear labels.—Every container or receptacle

of paint, putty, linseed oil, or other paint oils, turpentine, and var- nish sold, exchanged, or offered or kept for sale or exchange shall

bear a label printed in legible type in English stating

:

(a) The kind of paint or material in the container, and the name

and residence of the manufacturer by whom made and the name and

residence of the distributor, person or firm for whom made.

(b) The volume, if sold by volume; and the net weight if sold by

weight.

Sec.*******

6166e- State chemist to enforce this act.—The State chemist

is hereby charged with the enforcement of the provisions of this

act. He shall also prepare such rules and regulations as are neces- sary to carry its intent and purpose into effect; and the collection,

examination, and analysis of specimens of paint, putty, linseed oil and other paint oils, turpentine, and varnish shall be carried out

under his direction by duly authorized inspectors and analysis.

Laws, 1923, eh. 114, p. 108.

Sec. 9. Standard weights to be used.—No person purchasing, selling or storing grain in any public local grain warehouse in this State,

as the same is now or may be hereafter defined by law, shall use any other measure for such grain than the standard bushel, and no

other number of pounds shall be used or called a bushel than the

number of pounds provided by law as the standard weight of the

kind of grain in question: Provided, however, That during the

months of October and November not exceeding eighty pounds and

during the months of December and January not exceeding seventytwo pounds may be so used as the standard bushel of new ear

corn. Laws, 1918, ch. 191, p. 224.

Sec. 5. Milk or cream testing apparatus.—That it shall be unlawful

for any person to operate a milk or cream testing apparatus to determine the percentage of milk fat in milk or cream for the purpose

of purchasing same^ either for himself or another, without first se- curing a license from the State commissioner of agriculture, who

shall issue such license, upon a form prepared by him, upon payment of a fee of one dollar for a period of twelve months : Provided,

The applicant for license shall pass a satisfactory personal examination that shall satisfy said commissioner that he is competent and

qualified to operate and use such apparatus and make an accurate

test with same, which license may be revoked by the commissioner

when it shall be shown that such licensed person is incompetent or

unreliable. The testing of each lot of milk or cream by any unlicensed person shall constitute a separate offense under this act: Provided, That any licensed person may for a valid reason satisfactory to said commissioner, appoint a substitute for a period not to ex-
MISSISSIPPI 435

ceed fifteen days, and subject to the aiDproval of said commissioner.

Any person violating the requirement of this section shall be guilty

of a misdemeanor, and upon conviction, shall be punished as provided in section 2 of this act.

Sec. 6, as amended by Laws, 1922, eh. 253, p. 339. Babeoek test.—It

shall be unlawful for any person, either for himself or another, to

falsely manipulate, or under-read or over-read, take inaccurate samples or make any false determinations by Babcock test or any other

contrivance used to determine the quantity of fat in milk or cream

or value of milk or cream delivered to a creamery, cheese factory,

condensory, ice cream plant, milk plant or milk depot, or when sold or purchased. The test shall be clear oil, free from sediment, solids, or other foreign substance, and must be read at a temperature of

125°-140° F. Cream tests must be weighed. The scales must be

sensitive and accurate. The tester and owner or owners are jointly

responsible for their accuracy. For the purpose of providing official supervision of the operation of the Babcock test in all licensed re- ceiving stations conducted for the purchase of butter fat either in

the form of cream or milk, to promote fair competition, and to protect the producer of butterfat, thereby giving more confidence to the

producer in the sj'stem of determining the per cent of butterfat in cream or milk, the following regulation is hereby promulgated

That all individuals, corporations and partnerships authorized by

license or permit to conduct the Babcock test in the State of Mississippi shall retain in a cool, clean, sanitary place and in tightly

stopped bottles or tightly covered jars the exact, properly labeled

samples of cream or milk from which the butterfat test has been

conducted, until 6 p. m. of the day following the application of the

test where daily testing is practiced, and until 6 p. m. of the second

day following the application of the test where composite testing of

individual deliveries is practiced. In case of Sundays and legal holidays intervening the samples shall be held one additional day.

Upon such occasions as may be determined wise, this department

or its inspectors may order any sample or samples held for a longer

period than provided for by these regulations.

Any person violating the provisions of this section shall be guilty

of a misdemeanor, and upon conviction, shall be punished as provided in section 2 of this act. Sec. 7. Bottles and pipettes used in measuring milk or cream.—All

bottles and pipettes used in measuring milk or milk products for

making determination of the per cent of fat in said milk or milk

products, shall have clearly blown or otherwise permanently marked

in the side of the bottle or pipette the word " sealed," and in the side

of the pipette or the side or bottom of the bottle the name, initials or trade-mark of the manufacturer and his designating number,

which designating number shall be furnished by the State commissioner of agriculture upon application by the manufacturer and

upon the filing by the manufacturer of a bond in the sum of one thousand dollars with sureties to be approved by said commissioner,

conditioned upon conformance with the requirenients of this section.

A record of the bonds furnished, the designating number, and to whom furnished, shall be kept in the office of said commissioner.

Any manufacturer who sells Babcock, or other, milk, cream or
436 lAWS COTTCEENING WEIGHTS AND MEASURES

butter test bottles or milk pipettes, to be used in this State, that do

not comply with the provisions of this section shall suffer a penalty

of five hundred dollars, to be recovered by the attorney general of

the State in action in the name of the State upon the bond of such

manufacturer and any dealer who uses, for the purpose of determining the per cent of milk fat in milk or milk products, any bottles or pipettes purchased after six months from the date of this act

shall take effect, that do not comply with the provisions of this sec- tion relating thereto, shall be guilty of a misdemeanor, and upon

conviction, shall be punished as provided in section 2 of this act.
mSSOTJRI

Rev. Stats., 1919, Vol. 3, ch. 127, p. 4203.

Sec. 13577°. County clerk to procure weights and measures; length; ca- pacity; weight.—The clerk of each county court shall provide, at the

expense of the county, one measure of one foot, or twelve inches,

English measure; one measure of three feet, or thirty-six inches,

English measure, denominated one yard; one-half bushel measure,

which shall contain one thousand seventy-five and one-fifth cubic

inches, denominated dry measure; one gallon measure, which shall contain two hundred and thirty-one cubic inches; one-half gallon measure, which shall contain one hundred and fifteen and one-half

cubic inches; one quart measure, which shall contain fifty-seven and

three-fourts cubic inches. Also, one set of weights, called avoirdupois

weights, and one seal, with initials of the county inscribed thereon;

which measures, weights and seal shall be kept by the clerk of the

county court of each county.

See. 13578. Notice.—So soon as the weights and measures are provided, the clerks of the county court shall cause notice thereof to be

given at the courthouse door, for two months; and any person who

shall knowingly keep any measure or weights, and buy or sell any

commodity whatsoever by such weights or measures as shall not

correspond with the weights and measures deposited in the clerk's

office, shall, for every such offence, forfeit and pay to the party in- jured ten dollars, to be recovered by civil action before any justice

of the peace of the county.

Sec. 15379. Sealing.—Clerks of the county court shall, with the seal aforesaid, seal all weights and measures presented to them for that

purpose, that correspond with the county standard.

Sec. 13580. Ton; hundredweight.—The hundredweight shall consist

of one hundred pounds avoirdupois, and twenty such hundreds shall constitute a ton.

Sec. 13581. Legal weights of bushel of various produce.—Whenever

the articles hereinafter named shall be sold by the bushel, and no

special agreement as to the measurement or weights thereof shall be

made by the parties, the bushel shall consist of the following number

of pounds, viz

Pounds per bushel Pounds per bushel Wheat

Beans

Clover-seed

Irish potatoes. Peas Spht peas Rye

Dried peaches

Dried apples..

60

6060

60

60

60

56

3324

Buckwheat

Castor beans. _ Hemp seeds Blue-grass seed Timothy seed.. Cotton seed

Salt Mineral coal Coke

52

46

44

1445

3350

80

2 2, 680

» For convenience In printing a slight change has been made in arrangement of these

articles.

' Cubic inches per bushel.
438 LAWS COKCEENIlsrG WEIGHTS AND MEASURES

Pounds per bushel Pounds per bushel Charcoal Sweet potatoes.

Parsnips

Common turnips Carrots Rutabagas

Shelled corn Flax seed UnsheUed corn__

Barlej' Oats Bran

Onions

Corn meal

MiUet

2 2, 680

56

4442

50

50

56

56

7048

3220

5750

50

Green peas, unshelled. Green beans, unshelled Apples

Top onion sets Red top seed Orchard grass seed Sorghum seed Osage orange seed. Cucumbers

Tomatoes

Peaches

Pears Hungarian grass seeds Malt

56

5648

48

48

48

38

28

14

1442

3648

45 And whenever apples shall be sold by the barrel ^ and no special

agreement is made as to the size of the barrel by the parties, the

size shall be as follows : Length of barrel, twenty-eight and one- half inches, with chines of three quarters of an inch at the ends ; the

diameter of the heads shall be seventeen and one-quarter inches,

and the diameter of the center of the barrel inside shall be twenty

and one-half inches.

Sec. 13582. Timber; board measure.—All plank and sawed timbers

and lumber shall, unless otherwise agreed by special contract, be

sold by board measure.

Sec. 13583. Flour, weight of barrel, sack.—A barrel of flour shall

consist of 196 pounds net ; a sack of flour shall consist of 98 pounds

net; a half sack of flour shall consist of 48 pounds net; a quarter

sack of flour shall consist of 24 pounds net; no manufacturer or

dealer in flour shall sell flour in barrels, sacks, half sacks or quarter

sacks containing a less amount of flour than the amounts above

specified. Before any barrel, sack, half sack or quarter sack of flour

shall be sold, the number of pounds therein contained shall be plainly

labeled or stamped thereon. Any person who shall sell any package

of flour which shall be stamped or labeled with a greater number of

pounds net than such package actually contains, or who shall put up

or sell flour in any manner contrary to the provisions of this sec- tion, shall be deemed guilty of a misdemeanor, and upon conviction

thereof, shall be fined in a sum not less than ten dollars nor more

than one hundred dollars.

Sec. 13584. Fraudulent weighing of ore.—Any person or persons who

keep any public or private scales and weigh for themselves or others,

mineral, lead, zinc, coal and other ores, who knowingly take more

than ten hundred pounds for one thousand or more than twenty

hundred pounds avoirdupois for one ton, or fail to correctly balance

his or their scales before weighing, or shall fail or neglect to account

for each fractional part of a thousand or ton, as the case may be, in

weighing any of the ores herein named, which ores are bought and

sold by the thousand or ton, shall, for every such offense, forfeit

and pay to the party injured a sum not less than twenty dollars nor more than fifty dollars, to be recovered by civil action' before any

justice of the peace in the county.

' Cubic inches per bushel.

' See footnote, p. 20, relative to Federal standard barrel.
MISSOURI 439

Sec. 13585. Sale of grain, etc., to be made by actual weight; penalty for deductions.—Every sale of grain, seed, hay or coal shall be made on

the basis of actual weight thereof, and any purchaser of grain, seed,

hay or coal, who shall deduct any amount from the actual weight or measure thereof, under claim of right to do so by reason of any

custom or rule of a board of trade or any pretense whatsoever,

shall be deemed guilty of a misdemeanor, and shall be subject to

a fine of not less than ten dollars nor more than one hundred dollars

for each and every offense.

Sec. 13585a, as enacted by Laws, 1823, p. 381. Correct weight of coal;

certificate to be furnished; violation a misdemeanor.—Every person or persons selling and delivering coal in wagon load or truck load

lots shall correctly weigh said coal and shall furnish to the driver or person in charge of such load a ticket signed by the person selling

such coal, stating the gross, tare and net weights, and said ticket

shall also state the name of the purchaser of such coal and shall

correctly describe the quality, kind and character of such coal; and

the seller's driver or agent in charge of said load shall on the delivery of such load deliver such ticket to such purchaser. Any State,

county or township oiiicer sworn to preserve the peace shall have

power to enforce the provisions of this section and in the enforcement thereof may require any driver or person in charge of such

load of coal while hauling same, to exhibit the weight ticket of said

load, and may require such person to drive such load to any public

or private scale and have the same weighed thereon, and to return

after delivery of such load and have the empty vehicle weighed.

Any person or persons selling and delivering coal contrary to the

provisions of this section shall be deemed guilty of a misdemeanor

and upon conviction thereof shall be fined in a sum of not less than

ten dollars, nor more than one hundred dollars for each offense.

Sec. 13586. Authority of agent and broker, selling grain, etc.—No

agent or broker selling any grain, seed, hay or coal shall have authority, under claim or right to do so by reason of any custom or rule of

board of trade, to sell any grain, seed, hay or coal onlj'^ on the basis

of the actual weight thereof, and any contract of sale of any grain,

seed, hay or coal made in violation of sections 13585 and 13586 of

this article shall be null and void. Eev. Stats., 1919, Vol. 3, eh. 72, p. 2357.

Sec, 7610°. Cities of first class.—All cities and towns in this State

containing one hundred thousand inhabitants or more shall be cities of the first class. Sec. 7621. What cities eligible to become first class.—All cities and

towns in this State containing more than seventy-five thousand

inhabitants and less than one hundred and fifty thousand inhabitants

may elect to become cities of the first class in the manner hereinafter

provided. In all cases, the population shall be determined by the

last census 5aken, whether State or National.

Sec, 7674 (al911). Powers of mayor and council of cities of the first class; weights and measures used by traders, dealers and common carriers

to be tested; regulation and inspection of certain articles; inspection and

weighing of hay, lime, fuel, etc. ; to regulate inspection of articles and

appoint weighers, gangers and inspectors ; to regulate weight and quality

of bread,—The mayor and common council shall have power within
440 LAWS CONCEENING WEIGHTS AND MEASURES

the city, by ordinance, not inconsistent with the constitution or any

law of this State or of this article:

XXIV. To require all traders or dealers in merchandise or property of any description which is sold by measure or weight, and

all common carriei's using weights and measures, to cause their

weights or measures to be tested and sealed, and to be subject to inspection.

XXV. To regulate and provide for inspecting and measuring of

firewood, lumber, shingles, timber, posts, staves, headings and all kinds of building materials, and for measuring all kinds of mechanical work, * * * XXVI. To provide for the inspection and weighing of hay, lime,

stone, coal, charcoal and all kinds of coal used for fuel or for heating

purposes, and the place and manner of weighing the same. XXVII. To regulate the inspection of beef, pork, flour, meal and

other provisions, whiskey and other liquors to be sold in barrels,

hogsheads and other vessels or packages; to appoint weighers,

gaugers and inspectors, and to prescribe their duties.

XXVIII. To regulate the weight and quality of bread to be sold or used in the city.

See. 7611°. Cities of second class.—All cities and towns in this State

containing thirty thousand and less than one hundred thousand in- habitants shall be cities of the second class. Sec. 7970 (1913). What cities may become cities of the second class.

All cities and towns in this State containing more than 30,000 inhabitants and less than 75,000 inhabitants may elect to become cities of the second class in the manner hereinafter provided. In all cases the population shall be determined by the last census taken, whether

State or National, or by a census taken by a census supervisor appointed for that purpose by the governor of the State at the re- quest of the mayor of any city of the third class, or upon the petition of not less than 100 of the registered voters of such city.

Sec. 7976 (al917). General corporate powers; to inspect food, etc.; to inspect weights and measures, milk, ice cream, and to regulate weight

and quality of bread.—Every city of the second class shall have power,

by ordinance, not inconsistent with the constitution, or any law of

this State, or of this article ; * * * XXII. To inspect, test, measure and weigh any article of food,

drink, or wear for consumption or use, bought, sold, used or handled

in the city, and to inspect at all reasonable hours and times, all buildings, lands and places of every description in the city, as to

their conditions for health, cleanliness and safety.

XXIII. To establish standards of weights and measures, and to provide for the inspection of all weights and measures: Provided

however^ That the standards as established by the United States Government or the State of Missouri shall be used where they apply.

XLII. To provide for the inspection of milk, cream and ice cream

offered for sale or for use in such city, and to provide a standard for

such products, and to prescribe the weight and quality of bread to be sold in the city, and to provide for the seizure and confiscation

of said products when not conforming to the regulations.

Sec. 7612 (1899). Cities of third class.—All cities and towns in this

State containing three thousand and less than thirty thousand in-
MISSOUEI 441

habitants, which shall elect to be a city of the third class, shall be

cities of the third class.

Sec. 8297 (1893). Inspection, weighing, etc.—The council [of cities of the third class] may prescribe rules and provide methods by ordi- nance for the inspection, weighing and measuring of any commodity

sold in the city in all cases not otherwise provided for by law, and

may provide for the selling, weighing and inspecting of meats,

poultry and vegetables, of butter, lard and other provisions and

articles of food ; and may provide for the inspecting and measuring

of wood, coal and fuel, lumber, shingles, timber and all kinds of

building material, and shall have power to appoint inspectors and

measurers; and may make provisions for the inspection of steam

boilers, and all steam heating apparatus, and to license engineers

using steam boilers in the city, and may regulate the place or places

where hay, lime, lumber, timber, wood, coal and all kinds of fuel

.shall be exposed for sale, and fix the fees of the person or persons

appointed to perform the duties named in this section. Rev. Stats., 1919, Vol. 2, ck. 38, p. 1791.

Sec. 5670 (al919). Food.—In the case of food as herein defined, an

article shall also be deemed to be misbranded; * * * 5. If in

package form and the quantity of the contents be not plainly and

conspicuously marked on the outside of the package in terms of

weight, measure or numerical count : Provided, hoivever, That rea- sonable variations as to small packages shall be established by rulings

and regulations made by the State food and drug commissioner, as provided by section 5732 of the Eevised Statutes, 1919.

Sec. 5723°. Mixed flour to be branded.—No person shall sell or offer for sale any flour, meal, grits or hominy, made from the admixture

or adulteration of grains, unless there shall have been first branded

upon each of the barrels or packages containing the same, the kind

of grains composing said admixture, the quality and weight thereof,

and the name and place of business of the person manufacturing

the same: Provided, always, That the admixture of the several

grades or kinds of wheat shall not be construed to be mixed or adulterated grains.

Laws, 1925, H. B. 84, p. 105.

Sec. 1. Befinitions.—In this act the term " commissioner " means

the commissioner of the State marketing bureau of the Missouri

State board of agriculture. "Agricultural products " shall include

horticulture, ^ iticultural, dairy, bee, and any fsum product; the word

" person " shall include individuals, partnerships, corporations, as- sociations, or two or more individuals having a joint or common in- terest; words used import the singular or the plural as the case may

demand.

Sec. 2. Official standards for containers of farm products.—In order

to promote, protect, further, and develop the agricultural interests of

this State the commissioner is hereby authorized and empowered

after investigation and public hearing to fix and promulgate official standards for grading and classifying any or all agricultural products grown or produced in this State'and to fix and promulgate official standards for containers of farm products and change any of

them from time to time.
442 LAWS CONCEKNING WEIGHTS AND MEASURES

Sec. 3. Pronmlgating standards.—In promulgating the standards or any alterations or modifications of such standards the commissioner

shall specify the date or dates when the same shall become effective

and shall give public notice not less than 30 days in advance of such

date or dates hj such means as he deems proper, and he is hereby au- thorized and empowered to employ reasonable methods for diffusing

information concerning the standard that may be fixed by him for

any agricultural product or container.

Sec. 4. Fixing and promulgating' official standards authorized by Congress.—The commissioner is authorized to fix and promulgate as the

official standard for this State for any agricultural product or container the standard for such product or container which may have

been promulgated or announced therefor under the authority of the

Congress of the United States, and in carrying out the provisions

of this act the commissioner is authorized to cooperate with the

United States or any department thereof in accomplishing the matters and things provided for herein.

Sec. 11. Use of other standards prohibited; penalty.—* * * Whenever any standard for a container for an agricultural product be- comes effective under this act, no person thereafter shall manufacture

for commerce within the jurisdiction of this State, or sell, ship, or

offer for sale in such commerce any container, either filled or unfilled, to which the standard is applicable which does not comply with such

standard subject to such tolerances as may be permitted under this

act. Any person violating this section shall be guilty of a misde- meanor and upon conviction thereof shall be fined not less than

twenty-five dollars or not more than one hundred dollars. Rev. Stats., 1919, Vol. 3, ch. 90, Art. 2, p. 3020.

See. 9932°. Minimum weight of carload, mixed freight.—Twenty-four

thousand pounds shall be deemed the minimum weight for a carload

of such mixed stock when such car is thirty feet long, and such minimum weight shall be more or less than twenty-four thousand pounds,

in proportion as such car is more or less than thirty feet long ; and no

railway company, or agent for such company, shall charge, demand

or receive any greater sum for the transportation of such car or cars of mixed stock or grain than is charged for the transportation of

such car or cars when but one species of stock or one kind of grain

is shipped therein: Provided, That said different species of stock

or different kinds of grain, or articles of commerce and trade, which

are loaded in said car or cars, do not exceed the maximum weight

allowed by law and usage when but one species of stock or kind of

grain is shipped in such car or cars.

Sec. 9959. No discrimination allowed in shipping gTain; grain to be

weighed and shortage made up.—Every railroad corporation chartered

within the limits of the same, when desired by any person wishing

to ship any grain over its road, shall receive and transport such

grain, in bulk or otherwise, within a reasonable time, and load

the same either upon its track, at its depot, or at any warehouse

adjoining its track or side track, without distinction, discrimination

or favor between one shipper and another, and without distinction or discrimination as to the manner in which such grain is offered

by or organized under business
MISSOURI 443

to it for transportation, or as to the person, warehouse or place to whom or to which it may be consigned; and at all stations where

scales are required to be kept, at the time such grain is received

by it for transportation, such corporation shall carefully and cor- rectly weigh the same, and issue to the shipper thereof a receipt or bill of lading for such grain, in which shall be stated the true and correct weight, and such corporation shall weigh out and

deliver to such shipper, his consignee or other person entitled to receive the same, at the place of delivery, the full amount of such

grain, without any deduction for leakage, shrinkage or other loss in the quantity of the same, except that one-half of one per cent, shall be allowed for leakage, shrinkage or other loss on bulk grain.

In default of such delivery, the corporation so failing to deliver

the full amount of such grain shall pay to the person entitled thereto

the full market value of any such grain not delivered at the time

and place when and where the same should have been delivered. Rev. Stats., 1919, Vol. 2, ch. 49, Art. 2, p. 1876.

Sec. 6024 (1913). Scales may be examined and tested, when, by

whom.—* * * All scales used for the weighing of property in

public warehouses or public elevators shall be subject to examination

and test by any duly authorized State scale inspector, and no scales shall be used for the weighing of grain after being found incorrect

until put in order and found accurate and approved for further use by an authorized State scale inspector.

Sec. 6049, as amended by Laws, 1925, p. 259.—The commissioner

[warehouse commissioner] shall appoint suitable persons to act as weighmasters at such places in this State where State grain in- spection and weighing may be established in conformity with the

provisions of this article; said weigiimasters shall at the places

aforesaid, supervise the weighing of all grain which may be subject to inspection and weighing, and at all warehouses or elevators

where there are no such scales as hopper scales, there shall be provided in such cases by the warehouseman or elevatorman or rail- road company, upon the order of the commissioner, track or other

proper scales upon which the gross, tare and net weight of each

car, wagon or other package shall be taken, but at all warehouses

or elevators having hopper scales the net weight of grain contained

in each car, wagon or other package shall be taken on such scales and certificate of weight of such weighmasters in the discharge

of their aforesaid duties shall be prima facie the basis of settle- ment between the buyer and seller. And such State weighmaster

shall have the entire control of such scales : Provided^ That in addition to the weighing of grain, subject to inspection, said weighmasters are authorized to supervise the weighing, and that weight

certificates be issued on coal, bran, shorts, hay, seeds and any other

commodity of a similar nature upon which official State weights

are requested.

Sec. 6050 (1913). Tees.—The commissioner shall fix the fees to be

paid for the weighing of grain, which fees shall be paid by the ware- houseman or elevatorman, but on grain not going into such warehouse

or elevator the fee shall be paid by the consignee, and may be
444 LAWS CONCERNING WEIGHTS AND MEASUKES

added to the charges for storing, transferring, handling, mixing

or commission, and tlie said commissioner sliall adopt such rules and

regulations for the weighing of grain as he shall deem proper.

Sec. 6051. Scales to be furnished; by whom; where located.—It shaU

be the duty of the person or persons doing a public warehouse or public elevator business under this article to provide and maintain

suitable scales upon which all grain tendered to him or them for

storage, transfei-ring, handhng or mixing shall be weighed under

the supervision of a State weighmaster, as provided for in this

article. Said scales shall be located at the most convenient point

upon the track of some railroad running into or adjoining such

warehouse or elevator. It shall further be the duty of the person

or persons doing a public warehouse or public elevator business

under this article, at some convenient time, at least once a year or when the commissioner orders it, after giving fifteen days' notice,

and under the supervision of an autliorized State weighmaster and

inspector of the State grain inspection department, to weigh and

inspect all grain at such time or times then in such warehouse or

elevator, and to report to the warehouse registrar the result of such

weighing and the actual amount of each kind and grade in such

warehouse or elevator. During such time as such weighing is going

on, the receiving and shipping or gra'n into and from such ware- house or elevator shall be discontinued until such general weighing

has been completed.

Sec. 6052. Eailrcads to furnish scales to weigh grain handled by

them; wagon scales; location of scales.—At all terminal or other

points within this State wherever State grain inspection may be

establislied, it shall be the duty of all railroads to provide, on the

order of the commissioner, suitable wagon scales in their unloading

yards, upon which all grain handled by them subject to inspection

and weighing may be weighed as required by this article. Said

scales shall be located at places to be designated by the commissioner and it shall be the duty of said commissioner to see that the

provisions of this article are strictly enforced.

Sec. 6053. Weight certificates, by whom issued; penalties.—It shall be

unlawful for any person, corporation or association other than a duly authorized and bonded State weigher to issue any weight

certificate or to issue or sign any paper or ticket purporting to be

the weight of any car, wagon, sack or other package of grain

weighed at any warehouse or elevator in this State where duly appointed and qualified State weighers are stationed and in control

of the scales under the provisions of this article, or to make any

charge for such weighing, or purported weighing, or weight certificates, or tickets or purported weight certificates or tickets. And

any person, corporation or officer, agent or servant of such corporation who shall do any of the acts declared by this section to be unlawful, shall be deemed guilty of a misdemeanor, and shall be

punished by a fine of not less than five hundred dollars, nor more

than one thousand dollars, or shall be imprisoned in the county

jail, or if in the city of St. Louis, the jail of said city, not less than

six months nor more than twelve months, or by both such fine and

imprisonment. And a.nj weighmaster who shall knowingly falsely

weigh any grain or shall knowingly give any false or untrue cer-
MISSOURI 445

tificates as to the weight of grain, or who shall knowingly violate

any of the provisions of this article, shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars, or shall be imprisoned in the county jail, or if in the city of St. Louis, in the jail

of said city, not less than six months nor more than twelve months,

or by both such fine and imprisonment.

Sec. 6054. Weighmasters' bond and compensation.—The weighmasters provided for in this article shall each give a bond in the

sum of five thousand dollars, conditioned for the faithful discharge

of their duties and shall receive such compensation as the commissioner shall determine.

Sec. 6084, as reinacted by Laws, 1925, p. 260. Barrel for oils and motor

fuels.—The fee for the inspection of oils and motor fuels under this

article (except only the special fee for testing " distillate," " gas

oils " and " fuel oil ") shall be as follows : For each barrel, tank or

container of fifty gallons or less, twenty-five cents; * * *^ Yot

the purpose of this act, fifty gallons shall constitute a barrel.

Sec. 6069, as reinacted by Laws, 1925, p. 260. Measuring devices to be

tested.—It is also made the duty of said inspector [State inspector],

in addition to his other duties, in person or by deputy or special

agent, and at least once in every six months, to carefully test and

inspect the measuring devices or other instrumentalities used by any

person, firm or corporation selling gasoline and motor vehicle fuels

at retail, in this State, in quantities aggregating more than two

hundred gallons monthly, in measuring such gasoline and motor

vehicle fuels so sold and when he finds that such measuring device

or instrumentality does not correctly and accurately register and

measure the amount and quantity sold, shall require the correction,

removal or discontinuance of the same.

Eev. Stats., 1919, Vol. 3, ch. 95, Art. 2, p. 3223.

Sec. 10448 (1913). Common carrier to furnish facilities for testing

track scales.—It shall be the duty of all railroad corporations and

common carriers operating in this State, to provide suitable facilities for the testing of all track scales used by such railroad corporations

and common carriers. The commission is hereby authorized, after a hearing upon its own motion and after notice to the railroads operating in this State, to order a suitable car or other device or facility to be

provided by the railroad corporations and common carriers operating

in this State, to be used in testing the track scales used by such rail- roads, the expenses of providing such car device or facility to be

equitably and reasonably apportioned among the different railroad

companies by the commission. Such car, device or facility shall be

used by the commission to test the accuracy of all track scales, and

the different railroad corporations shall transport and move such

car, device or facility, without charge therefor, to the different places

designated by the commission under such reasonable rules and regulations as the commission may prescribe. Such car, device or facility

may be used in adjoining States to test the scales of the railroad cor- porations and for that purpose may be taken beyond the limits of

this State under such reasonable rules and regulations for the due

care and return thereof as the commission may prescribe. The com-
446 LAWS CONCERNING WEIGHTS AND MEASURES

mission is hereby authorized to prescribe and collect a reasonable fee

sufficient to cover the cost and expenses connected therewith for the

inspection and testing of all scales. Rev. Stats., 1919, Vol. 3, ch. 109, p. 3762.

Sec. 11977 (1919). Milk or cream testing; how regulated.—It shall be

the duty of the State dairy commissioner to license the use or operation of milk or cream testing apparatus, to determine the percentage

of butter fat in milk or cream. And it shall be unlawful for any

person to operate, or use any milk or cream testing apparatus for

himself, or as the agent of any person, firm, association or corporation, to determine the percentage of butter fat in milk or cream for

the purpose of fixing the value of such inilk or cream for the purpose of purchasing the same, either for himself, or any other person,

firm, association or corporation, or who shall take samples for that

purpose, of milk, or cream without first securing a license from the

State dairy commissioner, as in this act provided, authorizing the

use and operation of such milk or cream testing apparatus, such

license to run from the first daj of August to the thirty-first day

of July: Provided, That nothing herein contained shall be so con- strued as to inipose a license tax upon any person using a Babcock

tester in testing milk taken from his own cows for the purpose of

determining the milk producing value of such cows. All applications

for the license in this section required, shall be rnade to the State dairy

commissioner on a blank form provided by him. Every such application shall be accompanied by an annual license fee of two dollars. A license issued under the provisions of this section shall also authorize the licensee to buy milk, cream and other dairy products

mentioned in section 11976 of this article without additional license

therefor, but not [no] person shall operate more than one station

imder the same license.

Sec. 11983. State standards.—Pipettes shall, for milk, have a capacity

of seventeen and six-tenths centimeters; and the State standard test tube or bottles for milk shall have a capacity of two centimeters of

mercury at a temperature of sixty degrees Fahrenheit between

"zero " and ten on the graduated scale marked on the necks thereof;

for cream, eighteen drams shall be used, and the standard test tube

of bottles for cream shall have a capacity of six centimeters of inercury at a temperature of sixty degrees Fahrenheit between " zero

" and thirty on the graduated scale marked on the necks thereof; and

it is hereby made a misdemeanor to use any other measure, pipette,

test tube or bottle to determine the per cent of butter [fat] where milk

or cream is purchased by, or furnished to, any creamery or cheese

factory where the value of said milk is determined by the per cent of butter fat contained in the same. And it shall be unlawful for

any manufacturer, merchant, dealer or agent in this State who shall

ofl'er for sale, or sell a milk or cream pipette, or measure or test tube, or bottle which is not correctly marked or graduated as herein

provided for, shall be deemed guilty of a misdemeanor, and, upon

conviction thereof, shall be punished as provided by law.

Sec. 11984. Misdemeanor to manipulate test or falsify record thereof.

It shall be unlawful for any manager, owner, agent or any employee

of a creamery or cheese or butter factory to manipulate or under-
MISSOUKI 447

read or overread the Babcock test, or any other coBtrivance used for

determining the quality or value of milk or cream, or to run any

such machine at a speed of less than six hundred revolutions per

minute for a period of less than eight consecutive minutes, or to falsify the record thereof, or to pay for such milk on the basis of

any measurement except the true measurement as thereby determined.

Whoever shall be guilty of violating this section shall be deemed

guilty of a misdemeanor and punished as provided by law.

Sec, 12152 (1917). Tags and labels; to show contents.—Every lot or

parcel of commercial feeding stuffs sold, offered or exposed for sale or distributed within this State shall have affixed thereto a tag or

label, in a conspicuous place on the outside thereof, containing a legible and plainly printed statement in the English language, clearly

and truly certifying

(a) The net weight of the contents of the package, lot or parcel;

Cb) The name, brand or trade mark;

(c) The name and principal address of the manufacturer or per- son responsible for placing the commodity on the market; * *

*

Rev. Stats., 1919, Vol. 3, oh. 95, Art. 4, p. 3252.

Sec. 10480 (1913). Inspection of gas, water and electric meters; gas and water meters to be inspected before installation; inspectors of electric meters; type of electric meter to be approved; testing and proving

meters; inspecting and testing a meter upon request; rules and regulations.—1. The commission [public service commission] shall appoint

inspectors of gas and water meters, whose duty it shall be when

required by the commission to inspect, examine, prove and ascer- tain the accuracy of any and all gas and water meters used or intended to be used for measuring or ascertaining the quantity of

gas for light, heat or power, or the quantity of water, furnished by

any person, corporation or municipality to or for the use of any

person or persons, and when found to be or made to be correct, the

inspector shall seal all such meters and each of them with some

suitable device, which device shall be recorded in the office of the

secretary of state.

2. No corporation, person or municipality shall furnish, set or put in use any gas or water meter which shall not have been in- spected, proved and sealed by an inspector of the commission.

3. The commission shall appoint inspectors of electric meters,

whose duties it shall be, when required by the commission, to inspect,

examine and ascertain the accuracy of any and all electric meters

used or intended to be used for measuring and ascertaining the

quantity of electric current used for light, heat or power by any

person, corporation or municipality to or for the use of any person

or corporation, and to inspect, examine and ascertain the accuracy

of all apparatus for testing and proving the accuracy of electric

meters, and when found to be or made to be correct the inspector

shall stamp or mark all such meters and apparatus with some suit- able device, which device shall be recorded in the office of the sec- retary of state. No corporation, person or municipality shall

furnish, set or jDut in use any electric meter the type of which shall not have been approved by the commission.

517—26 29
448 LAWS CONCERNING WEIGHTS AND MEASURES

4. Every gas corporation, electrical corporation, water corporation and municipality shall provide, repair and maintain such suit- able premises and apparatus and facilities as may be required and

approved by the commission for testing and proving the accuracy of

gas, water and electric meters furnished for use by it, and by which

apparatus every meter may be tested.

6. If any consumer to whom a meter has been furnished shall

request the commission in writing to inspect such meter, the commission shall have the same inspected and tested; if the same upon

being so tested shall be found to be more than four per centum

if an electric meter, more than two per centum if a gas meter or more than five per centum if a water meter, defective or incorrect

to the prejudice of the consumer, the expense of such inspection and

test shall be borne by the corporation or municipality, if the same

on being so tested shall be found to be correct within the limits of

error prescribed by the provisions of this subsection, the expense

of such inspection and test shall be borne by the consumer.

6. The commission may prescribe such rules and regulations to carry into effect the provisions of this section as it may deem necessary, and shall fix uniform reasonable charges for the inspection and

testing of meters upon complaint.

Rev. Stats., 1919, Vol. 2, ch. 68, p. 2308.

Sec. 7429 (al919). Rates of toll.—The owner or occupier of every

public mill or mills doing an exchange business shall be entitled

to toll all grain ground thereat according to the following rates:

First, if a water mill, one-eighth, and if a miU propelled by power

other than water, one-sixth, and no more : Provided, however, That

such mills must actually grind or exchange all grain taken to their

mills, and take therefrom the toll by weight, as above provided,

and no more, as full payment for such grinding, when requested

to do so. Sec. 7433°. Mills shall keep measures.—The owner or occupier of a public mill * * * shall always keep at such mill a half bushel

and a peck measure, tried and sealed by the clerk of the county

court, and proper toll dishes for such measures.

Rev. Stats., 1919, Vol. 2, ch. 69, p. 2309.

Sec. 7458°. Screening coal before weighing, prohibited.—It shall be

unlawful for any mine owner, lessee or operator of coal mines in

this State, employing miners at bushel or ton rates, or other quantity, to pass the output of coal mined by said miners over any

screen or any other device which shall take any part from the value

thereof before the same shall have been weighed and duly credited

to the employe sending the same to the surface, and accounted

for at the legal rate of weights as fixed by the laws of Missouri;

and no employe within the meaning of this section shall be deemed

to have waived any right accruing to him under this section by any

contract he may make contrary to the provisions thereof. And any

provision, contract or agreement between mine owners or operators thereof, and the miners employed therein, whereby the provisions of this section are waived, modified or annulled, shall be

void and of no effect, and the coal sent to the surface shall be ac- cepted or rejected; and if accepted, shall be weighed in accordance
MISSOURI 449

with the provisions of this article, and right of action shall not

be invalidated by reason of any contract or agreement; and any

owner, agent or operator of any coal mine in this State who shall knowingly violate any of the provisions of this section shall be

deemed guilty of a misdemeanor, and, upon conviction, shall be

punished by a fine of not less than two hundred dollars nor more

than five hundred dollars for each offense, or by imprisonment in

the county jail for a period of not less than sixty days nor more

than six months, or by both such fine and imprisonment; proceedings to be instituted in any court having competent jurisdiction.

Sec. 7459. Weighman and check weighman shall take oath, etc.; penalty.—The weighman employed at any mine shall subscribe an

oath or affirmation before a justice of the peace, or other officer authorized to administer oaths, to do justice between employer and

employe, and to truly and correctly weigh the output of coal from

the mines as herein provided. The miners employed by or engaged

in working for any mine owner, operator or lessee of any mine in

this State shall have the privilege, if they desire, of employing

at their own expense a check weighman, who shall have like equal

rights, powers and privileges in the weighing of coal as the regular

weighman, and be subject to the same oath and penalties as the

regular weighman. Said oath or affirmation shall be kept con- spicuously posted in the weigh office, and any weigher of coal or person so employed, who shall knowingly violate any of the

provisions of this article, or any owner, operator or agent of any

coal mine in this State who shall forbid or hinder miners employing

or using a check weighman as herein provided, or who shall prevent

or willfully obstruct any such check weighman in the discharge

of his duty, shall be deemed guilty of a misdemeanor, and upon

conviction shall be punished by a fine of not less than one hundred

dollars nor more than five hundred dollars for each offense, or by

imprisonment in the county jail for a period not less than thirty days

nor more than ninety days, or by both such fine and imprisonment

proceedings to be instituted in any court having competent jurisdiction. Whenever the coal mine inspector shall be satisfied that

the provisions of this section have been willfully violated, it shall be his duty to forthwith inform the prosecuting attorney of any

such violation, together with all the facts in his knowledge, and the

prosecuting attorney shall thereupoB investigate the charge so preferred, and if he be satisfied that the provisions of this section have

been so violated, it shall be his duty to prosecute the person or persons guilty thereof.

Sec. 7460. Penalty for using false scales.—Every owner, agent or operator of any coal mine in the State, employing miners at bushel

or ton rates, shall provide at such mine or mines accurate and suitable

scales of standard manufacture upon which shall be weighed all coal

coming out of such mine or mines ; said scale or scales to be located

at a reasonable distance from the point where the coal is delivered

to the surface opening of the mine or mines, and in no case shall said

scale or scales be located at a greater distance from said surface

opening of the mine or mines than one hundred feet. Any owner,

agent, operator, person, or persons having or using any scales or

scale for the purpose of weighing the product of the miners' labor.
450 LAWS CONCEBNING "WEIGHTS AND MEASURES

and so arranges or constructs said scale or scales, or by any con- trivance therewith connected causes the fraudulent weighing of such

coal or said product, or who shall knowingly resort to, permit or employ any person or means whatsoever, by reason of which said product of the mine is not correctly weighed and reported in accordance

with the true weight and the provisions of this article, shall be

deemed guilty of a misdemeanor, and shall, upon conviction for each

and every offense, be punished by a fine of not less than two hundred

dollars, nor more than five hundred dollars, or by imprisonment in

the county jail for a period not to exceed ninety days, or by both

such fine and imprisonment ; proceedings to be instituted in any court of competent jurisdiction.

Sec, 7461. Shall apply to loaders in certain mines.—The manner of

weighing, as hereinbefore provided for, shall apply to the class of

workers in mines known as loaders, engaged in mines wherein the

mining is done b}^ machinery, whenever the workmen are under contract to load coal by the bushel, ton, or any quantity the settlement

of which is had by weight.

Sec. 7462. Inspector to test scales.—The coal mine inspector of this

State shall be ex officio inspector of weights, measures and scales used at coal mines, and he is hereby empowered and it shall be his

duty to test the scales used to weigh coal mined in the mines of this

State at least every six months, to ascertain whether or not such

scales correctly measure the weight of such coal, and if defects or

irregularities are found in such scales which prevent correct weights

and measurements the inspector shall call the attention of the mine

owner, agent or operator to said defects and direct that the same be

at once properly adjusted and corrected. If the owner, agent or operator of any coal mine in this State shall refuse to allow such in- spector to properly test the scales used at such mine or mines, or shall

fail or refuse to put such scales in proper adjustment and condition,

so that the same shall correctly weigh the coal mined after being

notified by said inspector so to do, such owner, agent or operator

shall be deemed guilty of a misdemeanor, and upon conviction

thereof, shall be fined not exceeding five hundred dollars, or be

confined in the county jail not exceeding six months, or both, in the

discretion of the court, and it shall be the duty of the prosecuting

attorneys in the respective counties to prosecute any person, firm or corporation violating the provisions of this section the same as in

other misdemeanor cases.
MONTANA

Rev. Codes, 1921, Vol. 1, Pol. Code, Part 3, ch. 7, p. 256.

Sec. 112°. State sealer of weights and measures.—The secretary of

state is ex officio State sealer of weights and measures, and his duties

as such officer are defined by sections 4235 to 4264 of this code. Rev. Codes, 1921, Vol. 1, Pol. Code, Part 3, ch. 275, p. 1528.

Sec. 4235 (1913). State sealer, wlio is; deputy sealers, who are.—The

secretary of state is hereby declared to be and is the ex officio State

sealer of weights and measures. The sealers of weights and measures of each municipal corporation are hereby declared to be deputy

sealers of weights and measures of their respective municipal cor- porations. All deputy sealers of weights and measures shall receive no compensation other than such as may be provided by law, and

shall be paid by the municipal corporation of which they are such

officers. Sec. 4236 (al917) . Authority and duties of State sealer of weights and

measures; supervision of weights and measures; standards to be kept,

where ; correction of standards of counties, cities and towns ; county auditors and clerks designated as inspectors.—(1) The State sealer of

weights and measures shall have full authority and supervision over

the inspectors of weights and measures, hereinafter provided for,

and all deputy sealers of weights and measures appointed as such

by any municipal corporation within the State. Said State sealer

of weights and measures shall have general supervision over the

weights and measures of the State. He shall take charge of the

standards of weights and measures and shall procure at the expense

of the State any weights and measures that may be necessary, and

shall cause them to be kept and in no case removed from a fire-proof

vault in his office, except for the purpose of certification or repairs.

He shall maintain said standards in good order and submit them

once in ten years to the National Bureau of Standards for certifica- tion. He shall correct the standards of the several counties, cities,

and towns as often as he may deem necessary, and at least as often

as once in five years, and where not otherwise provided by law he

shall have general supervision of the weights and measures, or weighing and measuring devices of the State in use in the State.

(2) The coimty auditors, in counties of the first, second, third,

fourth, and fifth class, and coimty clerks, in counties of the sixth,

seventh, and eighth class, are hereby declared to be inspectors of

weights and measures in their respective counties.

Sec. 4237. Secretary of state ex officio State sealer of weights and

measures.—The secretai-y of state, as ex officio State sealer of weights

and measures, shall be authorized to do and perform any and all acts by this act authorized. AU bills and accounts or expense

incurred by the State sealer of weights and measures shall be

451
452 LAWS CONCEENING WEIGHTS AND MEASUEES

presented to and allowed by the State board of examiners, in the same manner as provided for other claims contracted for and in

behalf of the State of Montana.

Sec. 4238 (1913). Duties of sealer of weights and measures as to in- spection; annual test of apparatus in State institutions.—Said State

sealer of weights and measures, or his inspectors, shall visit the

various counties, cities, and towns in the State, and in the per- formance of his duties, he, or his inspectors, jn.ay inspect weights

and measures and balances which are used for buying or selling

goods, wares, merchandise, or other commodities, and for public

weighing, and shall, upon a written request of any citizen, first [firm] or corporation, or educational institution of the State, test or

calibrate weights and measures, weighing devices, or apparatus

used as test standards in the State. He or his inspectors shall at

least once annually test all scales, weights and measures used in

checking the receipts or disbursements of supplies of every State

institution, and he shall report in writing his findings to the executive officer of the institution concerned.

Sec. 4239. Inspection and certificates.—The State sealer of weights

and measures, or the State deputy sealer of weights and measures,

or inspectors of weights and measures, may, in the discharge of their

duties, inspect weights and measures. It is hereby made the duty

of the State sealer of weights and measures, or his inspectors, or

the State deputy sealer of weights and measures, to at least once

each year, inspect all weights and measures, balances, measuring

or weighing devices of different kinds throughout the State of

Montana. The State sealer of weights and measures shall prepare

a certificate of suitable size to be attached or affixed to all weights

or measures or measuring devices so tested. Said certificate shall bear a fac simile signature of the State sealer of weights and

measures and shall be countersigned by the inspectors of weights

and measures, or the State deputy sealer of weights and measures,

or ?uch inspectors of weights and measures as may be designated

by any municipal corporation. The certificate as prepared by the

State sealer of weights and measures shall be numbered in consecutive order, and shall have printed or stamped upon such certificate the year, and shall be furnished to the inspector of weights and

measures and to the sealer of weights and measures of any municipal corporation of the State, upon application therefor. The in- spector of weights and measures of any municipal corporation shall pay to the State sealer of weights and measures for all such certificates so issued to him the sum equal to the actual cost of the

number of certificates so received.

Sec. 4240. Apparatus must be tested before use ; penalty for violation.

From and after the passage and approval of this act it shall be

unlawful for any person or persons, firm, or co-partnership, cor- poration, or association of persons engaged in the trade of buying

or selling, purchasing or disposing of, or dealing in any inerchandise or commodities to any person or persons in the State of Montana, to sell or purchase by weight or by measure, without first having had the weights and measures, scales, or measuring devices used by them for the purpose of determining the amount

nr quantity of any article or articles of merchandise, tested and
MONTANA 453

a certification attached thereto by the State sealer of weights and

measures, or by inspectors of weights and measures, or by sealers

of weights and measures appointed by any municipal corporation in

the State of Montana. Such certificate shall be attached or placed

in a conspicuous place upon such weighing or Ineasuring device.

Any person or persons using any weight or measure, or scale or

other measuring device after the passage and approval of this act, or annually thereafter, which has not been tested as provided by this

act, shall, upon conviction thereof, be deemed guilty of a misde- meanor and fined in the sum of not less than twenty-five dollars nor more than three hundred dollars. Any person or persons who shall

be deemed guilty of a second offense, as provided in this act, shall

be punished by a fine of not less than one hundred dollars nor more

than five hundred dollars and each and every successive day any

person or persons shall so use any weights and measures, scales, or other measuring devices shall be and is hereby declared to be a separate and distinct offense.

Sec. 4241. Owners of apparatus must have same tested and sealed.

Every person or persons, firm, copartnership, or corporation en- gaged in the trade of buying and selling, or as a public weigher or

user of weights and "measures, shall, between the first day of January and the first day of March of each year, have his weights, measures, balances, and scales adjusted and sealed, and it is hereby

made the duty of the inspector of weights and measures of the

various districts of the State to examine and adjust all measures,

balances, and scales used by persons within district engaged in

buying, selling, or as public weighers or users of weights and

measures.

Sec. 4242. Sealers to make inspection, when; hay, wagon and railroad

track scales to be tested.—After the first day of March of each year, the sealer of weights and measures, or his inspectors, or the deputy

sealer of weights and measures, shall visit the places of business

and enter upon the carts, wagons or vehicles then in use for the

business of all persons engaged in the trade of buying and selling, or selling who have weights, measures, or balances which have not

been sealed during the current year, and try, adjust, and seal the same. He shall at least once every six months try, adjust, and seal every hay scale, wagon scale, railroad track scale, or platform scale or balances used in the trade of buying and selling or selling or for

public weighing.

Sec. 4243. Inspection and test of apparatus; annual test of computing

scales.—The State sealer of weights and measures, the deputy State

sealer, or his inspectors of weights and measures, or municipal sealer

of weights and measures, shall have power to inspect, test, try and

ascertain if they are correct, all weights, scales, beams, measures of

any kind, instrument or mechanical devices for measurement, and

the tools, appliances, or accessories connected with any or all of such

instruments or measurements, used or employed within the State by

a proprietor, agent, lessee, or employe in determining the size, quantity, extent, area, or measurement of quantities, things, produce, arti- cles for distribution or consumption, offered or submitted by such

person or persons for sale, hire, or award : Provided^ also, That the

State sealer of weights and measures, or his deputy, or his inspectors,
454 LAWS CONCEENING WEIGHTS AND MEASURES

or any municipal sealer of weights and measures, shall, at least once a year and as often as may be deemed necessary, try and prove all computing scales and other devices having a device for indicating

or registering the price as well as the weight of the commodity

offered for sale. Computing devices, which may be used by any per- son at any place within this State shall be tested as to the correctness

of, both weight and arithmetical values indicated by them.

Sec. 4244. Commodities, test of at irreg'ular intervals; police powers

of sealers; prosecution of offenders.—The sealer of weights and measures, his deputy, or his inspectors, or municipal sealer of weights

and measures, may, at irregular intervals, examine all commodities

sold and offered for sale and test them for correct weight, measure,

or count. He, his deputy, or his inspectors, or municipal sealers may,

for the purposes above mentioned, and in the general performance

of their official duties, enter or go into or upon, with or without

formal warrant, any stand, place, building, or premises, or may stop

any vendor, peddler, junk dealer, coal wagon, ice wagon, or any

dealer whatsoever, for the purpose of making the proper tests; and

in the exercise of such duties they shall have full police power to enforce any and all reasonable measures for testing such weights and

measures, and also in ascertaining whether false or short weights and

measures are being given in any scales [sales] or transfer of articles

of merchandise taldng place within the State. Wlienever the State

sealer of weights and measures, or his inspectors or deputies, have

reason to believe that any person or persons or corporation is violating the provisions of this act, or any act relating to weights and

measures, they shall submit the evidence to the properly constituted

authority in the county in which such violation occurs, who shall thereupon prosecute the persons alleged to have violated the provisions of this act, or any act relating to weights and measures, or such

evidence may be submitted direct to the attorney general of the

State, who shall have authority to prosecute such persons in the

proper county.

Sec. 4245. Control of track scales; condemnation of track scales; authority of official to condemn; fraud in sales.—(a) All track scales used by common carriers for the purpose of weighing freight in

carload lots within this State shall be under the control and direction and jurisdiction of the State sealer of weights and measures, and subject to inspection by him, his inspectors, or deputy sealers of weights and measures.

(&) The State sealer of weights and measures, his inspectors, or

his deputy sealers of weights and measures, shall have power either on their own motion or on complaint being made, to determine

whether any such track scales are defective or inefficient, or whether

the time, manner, or method of using same is unreasonable, in- effective or unjust, and shall have power to condemn any such scale found to be defective or inefficient, and prohibit the use of the same

while in that condition, and to render such decision and to make

such order, rule, or regulation as may be deemed necessary or advisable.

(c) Any person or persons who shall knowingly and willfuUy

sell, or direct or permit any person or persons in his or their employ

to sell any commodity or article of merchandise, and make or give
MONTANA 455

any false oi' short weight or measure, or any person or persons owning or keeping, or having charge of any scales or steel-yards for

the purpose of weighing livestock, hay, grain, coal, or other articles,

who shall knowingly and willfully report any false or untrue weight,

whereby any other person or persons may be defrauded or injured,

shall be fined in any sum not exceeding five hundred dollars, or be

imprisoned in the jail of the county not exceeding thirty days, at the discretion of the court, and also be answerable to the party defrauded or injured in double damages.

Sec. 4246. Weight or measure of commodities sold to be marked on containers; proviso; commodities to be sold by net weight, measure or numerical count; unlawful to give false or short weight or measure; viola- tion; prima facie evidence; permissible variations.—From and after

January 1, 1914, it shall be unlawful for any person or persons,

association, or corporation, to sell or offer for sale in this State, any

commodity or article of merchandise in a package or container,

without having such package or container labeled in plain, intelligible words and figures, with a correct statement of the net weight, measure, or numerical count of its contents : Provided, That

nothing in this section shall prevent the putting up of commodities

or articles of merchandise which have been previously sold by net

weight, measure, or numerical coimt, into packages or containers for

the purpose of delivering or transporting such commodities or articles of merchandise : Provided, further. That nothing in this sectioD

shall apply to commodities or articles of merchandise, except milk

and cream, offered for sale or sold in packages or containers at a

price of ten cents or less per such package.

1. It shall be unlawful for any person to sell or offer for sale in this State any commodity or article of merchandise, except by

true net weight, measure, or numerical count, except where the

parties otherwise agree. Contracts for work done, or for anything

to be sold by weight or measure, shall be construed according to the

standards hereby adopted as the standards of this State, except

where the parties have agreed upon any other calculations of

measurement, and all statements and representations of any kind

referring to the weight or measure of commodities or articles of

merchandise shall be understood in the terms of the standards of

weights and measures aforesaid.

2. It shall be unlawful for any person, in buying or selling any

commodity or article of merchandise, to make or give false or

short weight or measure, or to sell or offer for sale any commodity

or article of merchandise less in weight or measure than he represents, or to use a weight, measure, balance, or measuring device

that is false and does not conform to the authorized standard for

determining the quantity of any commodity or article of merchandise, or to have a weight, measure, balance, or measuring device

adjusted for the purpose of giving false or short weight or measure,

or to use in buying or selling of any commodity or article of merchandise a computing scale or device indicating 'the weight and

price of such commodity or article of merchandise, upon which

scale or device the graduations or indications are falsely or in- accurately placed either as to weight or price, or to use any computing scale having a horizontal registering bar with a barrel com-
456 LAWS CONCEKNING WEIGHTS AND MEASTJKES

puting device, unless such scale is adjusted to register the correct weight from all angles of vision.

3. Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction

thereof in a court having jurisdiction of the oifense shall be fined

in a sum not to exceed two hundred dollars, or by imprisonment

in the county jail for not more than sixty days, or by both such

fine and imprisonment, and any weight, measure, balance, or measuring device which shall have been used by him in such violation

shall be ordered confiscated and destroyed. He shall also be liable

in damages to the party injured by his violation in treble the

amount of the property wrongfully taken or not given, and twenty

dollars in addition thereto, to be recovered in a court of competent

jurisdiction. The selling and delivery of any commodity or article of merchandise shall be prima facie evidence of the representation on the part of the vender that the quantity sold and delivered was

the quantity bought hj the vendee. There shall be taken into consideration the usual and ordinary leakage, evaporation, or waste

that there may be from the time a package or container is filled by a vender until he sells the same. A slight variation from the

stated weight, measure, or quantity for individual packages not to exceed three per cent is permissible; provided, that the variation

is as often above as below the weight, measure or quantity stated.

Sec. 4247. Record and report of work done by sealers and inspectors.

The State sealer of weights and measures shall keep a complete

record of all work done under his direction, and shall make an annual

report not later than the first day of January of each year, pre- ceding the meeting of the legislative assembly. The inspectors of

weights and measures, and all municipal sealers of weights and measures, shall keep a complete record of all work done by them under

and by direction of the State sealer of weights and measures, and

shall report to the State sealer of weights and measures, not later than the fifth of each month, all work done by them for the preceding

month. The State sealer of weights and measures shall provide a system of records, to be kept by all inspectors of weights and measures and municipal sealers of weights and measures, together with

blank reports, upon which all reports of said inspectors and sealers

of weights and measures are to be made. The form of record provided by the State sealer of weights and measures for all inspectors

and mimicipal sealers of weights and measures shall be the form

to be observed and kept by them, and after the said State sealer of

weights and measures shall have prescribed the form of said records,

said records so kept by any municipal sealer shall be filed in the

office of the city clerk of the municipal corporation and become a record of said State.

Sec. 4248. Stamping weight or measure without verifying it.—Any

person authorized to seal weights and measures in accordance with

this act who shall, without duly verifying the weights and measures

of any person by comparison with the standard of weights and measures, stamp a weight or measure, or attach thereto a certificate that

said weight or measure has been duly tested, is hereby declared,

upon conviction thereof, to be guilty of a misdemeanor, and shall be subject to a penalty of a fine of not less than fifty dollars nor more

than three hundred dollars.
MONTANA 457

Sec. 4249. Weights and measures to be marked on top; apothecaries'

weights and measures.—Every weight for use in trade, except when

the small size of the weight renders it impracticable, shall have the

denomination of such weight permanently marked on the top side

thereof in legible figures or letters; and every m.easure of capactiy

for use in trade shall have the denomination and kind thereof per- manently marked on the outside of such measures in legible figures or letters. A weight or measure not in conformity with this section

shall not be stamped by the State sealer of weights and measures, or

inspector of weights and mea.sures, or deputy sealers of weights and

measures.

(a) Apothecaries and all other persons dealing in drugs, medicine, and merchandise commonly sold by apothecaries' weight or by

apothecaries' liquid measure shall at least once in two years cause such weights and measures so used to be tested and sealed by officers authorized under this act to inspect weights and measures.

Sec. 4250. Procedure where v/eight or measure can not be adjusted

readily.—If any weights, measures, or balances can be I'eadiW adjusted by such means as the inspector or sealer of weights and measures may have at hand, he may adjust and seal them, but if they can

not be readily adjusted he shall affix to such weights, measures, or

balances, a notice forbidding their use until he is satisfied they have

been so adjusted as to conform with the standard. Any person or persons who remove said notice, without the consent of the officer affixing the same, shall upon conviction, be fined in a sum not to ex- ceed fifty dollars.

See. 4251. Condemnation of weights or measures.—All weights, measures, and balances, which can not be made to conform to the standard weights and measures as herein provided, shall have stamped

" Condemned " or " C. D." by the sealer of weights and measures.

Sec. 4252. Seizure of illegal weights and measures.—The State sealer

of weights and measures, or uispector of weights and measures, or deputy sealer of weights and measures, may seize, without a warrant,

such weights, measures, or balance as may be necessary to be used

as evidence in case of violation of any act relative to the sealing of

weights and measures. They shall be returned to the owners or for- feited as the court may direct.

Sec. 4253. Itinerant peddlers.—All itinerant peddlers and hawkers,

using scales, balances, weights, or measures, shall take the same to the

office of the State sealer of weights and measures, or inspector of

weights and measures or deputy sealer of weights and measures, before any use is made thereof, and have the same sealed and adjusted

annually ; and any such person failing to comply with the provisions

of this section shall be fined not less than five dollars nor more than

one hundred dollars for each offense, and every day such person

shall use such scales, balances, weights, or measures, without having

the same adjusted and sealed as hereinbefore provided for, shall constitute a separate and distinct offense. Any itinerant peddler or hawker found using any false scale shall be subject to a fine of not

less than ten dollars nor more than fifty dollars for each offense.

Sec. 4254. Sale of milk and cream.—All milk, cream, and skimmed

shall prior to being used in such scale [sale], be sealed by the

milk shall be sold only by standard wine measure, and by or in measures, cans, jars, bottles, or other vessels or receptacles, which

shall prior to being used in such scale [sale], be sealed by the
458 LAWS CONCEBNIFG WEIGHTS AND MEASTTEBS

sealer of weights and measures of the town where the person so using the same shall usually reside in this State, or of the town

where such milk shall be sold for use; and every person selling

any of the same contrary to this section, or delivering any of the same sold contrary hereto, shall be fined for the first offense not

less than fifty dollars and not exceeding one hundred dollars and

for the subsequent offense not less than one hundred dollars or imprisonment not to exceed ninety days, or both such fine and

imprisonment. Any purchaser of milk, cream, or skimmed milk,

having reason to believe that any measure, can, jar, bottle, or other

vessel or receptacle, in which milk, cream, or skimmed milk is sold and delivered to him, is not of sufficient size or capacity to contain, by standard wine measure, the amount thereof purchased,

may apply to the sealer of weights and measures, which sealer shall test the capacity of the same and issue to such purchaser his

certificate stating the capacity thereof; and if such capacity, ac- cording to such certificate, shall be less than the amount purchased,

such purchaser may make complaint and deliver such certificate to any officer authorized to make complaint for the violation of

this act. Sec, 4255. Capacity of milk receptacles and marking thereof.—No

person or corporation shall, after the passage of this act, sell or

offer for sale within the State of Montana, any milk or cream in

bottles or in glass jars, unless each of said bottles or glass jars in

which said milk or cream is sold or offered for sale shall have blown

into it, or otherwise indelibly and permanently indicated thereon

in a legible and conspicuous manner, the capacity thereof, and the

State sealer of weights and measures or inspector of weights

and measures, or deputy sealer of weights and measures, shall

have the right, at any time, to examine any bottle or glass

jar in which milk or cream is sold or offered for sale in the

State of Montana, or which is used by any person or corporation

for the purpose of containing milk or cream to be sold or offered

for sale, in order to ascertain whether such bottle or jar is of a capacity not less than that which it purports to be ; and if any such

bottle or jar is of less capacity than that wliich it purports to be, or

if any such bottle or jar shall not have blown into it, or otherwise

indelibly and permanently indicated thereon in a legible and con- spicuous manner, its capacity as aforesaid, the person or corporation selling or olfering for sale milk or cream in any such bottle or

jar, or having in his possession any such bottle or jar, to be used or which has been used for the purpose of containing milk or cream to be sold or offered for sale in said State of Montana shall, upon conviction, be fined not less than five dollars nor more than one hundred

dollars for each offense ; and each and every bottle or glass jar found

in the possession of any person or corporation used or to be used, or which has been used by such person or corporation for the purpose of containing milk or cream to be sold or offered for sale in

the State of Montana, which shall be found to be of a less capacity

than that blown into the same, or otherwise so indelibly and per- manently indicated thereon, or which shall not have blown into it or otherwise indelibly and permanently indicated thereon in a legible

and consf)icuous manner the capacity as aforesaid, shall constitute a separate and distinct offense on the part of such person or cor^
MONTANA 459

poration, and upon conviction such person or corporation shall be

fined in a sum not less than ten dollars nor more than three hundred

dollars.

Sec. 4256. Use of false weights or measures; penalty.—A person who

uses, or has in his possession for use in trade, any weight, measure,

scale, balance, steelyard, or weighting machine, which is false or

incorrect, shall be fined not more than one hundred dollars, or in

case of a second offense, not more than two hundred dollars, and any

contract for gain, deal, or dealing made by the same shall be void

and the weight, scale, measure, balance, or steelyard shall be liable

to be forfeited.

Sec. 4257. What constitutes legal weights and measures.—A weight

or measure duly stamped by the State sealer of weights and measures,

or inspector of weights and measures, or deputy sealer of weights

and measures, or by the National Bureau of Standards, shall be a

legal weight or measure throughout the State, unless found to be

false or incorrect, and shall not be liable to be resealed because used

in any other place than that in which it was originally stamped.

Sec. 4258. i^aud in sale of commodities.—Whoever sells or olfers for

sale a less quantity than represented, or sells in a manner contrary

to law, shall be guilty of fraud, and shall be fined not more than

one hundred dollars, or, in case of a second offense, not more than

two hundred dollars.

Sec. 4259. Tolerances and their establishment.—The State sealer of

weights and measures shall, after consultation with, and with the

advice of the National Bureau of Standards, establish tolerances for use in the State of Montana, and said tolerances shall be the legal

tolerances in the State of Montana.

Sec. 4260. Refusal to produce weights and measures for inspection;

penalty.—A person who neglects or refuses to produce for the State

sealer of weights and measures, or inspectors of weights and measures, or deputy sealer of weights and measures, all weights, measures,

or balance in his possession and used in trade, or on his premises, or refuses to permit the said officers to examine the same, or obstructs

the entry of said officers, or otherwise obstructs or hinders any official under this law, or violates any of the provisions of this act, shall be

fined not more than one hundred dollars, and in case of a second

offense, not more than two hundred dollars.

Sec. 4261. Rules and regulations for inspectors and sealers.— The

State sealer of weights and taeasures is hereby authorized to make

and promulgate such rules and regulations for the government,

guidance, and direction of inspectors of weights and measures, and

deputy city sealers of weights and measures, in conformity with

this act, as may be necessary to carry out the provisions of this act in a uniform manner. Such rules and regulations, when promulgated

by the State sealer of weights and measures, with the approval of the

governor of the State of Montana endorsed thereon, shall have the same force and effect as if provided for in this act. Such rules and

regulations shall be published at least once in a newspaper of general

circulation in each county and city of the State of Montana.

Sec. 4262. Penalty for violation of law.—Any person or persons

violating any of the provisions of this act where no other penalty

is provided shall, upon conviction thereof, be fined in a sum not less
460 LAWS COKCEHimTG WEIGHTS AND MEAStTRES

than twenty-five dollars nor more than three hundred dollars or by

imprisonment in the coimty jail not less than thirty nor more than

ninety days.

Sec. 4263. Authority of sealers or inspectors as deputy sheriffs.—The

State sealer of weights and measures, inspectors of weights and

measures, or sealer of weights and measures of the various cities,

towns, and counties throughout the State, shall be, by virtue of their

respective offices, deputy sheriffs, and as such shall have power to arrest and detain any person violating the provisions of this act, without warrant.

Sec. 4264. Collection and distribution of fines and penalties.—^All fines collected for violation of the provisions of this act shall be paid to the State treasurer for support and maintenance of the department

of weights and measures. All justices of the peace and clerks of

district courts who may collect any fine imposed for the violation

of the provisions of this act tnust, not later than the fifth day of

each month, transmit to the State sealer of weights and measures all moneys so collected, and the State sealer of weights and measures

shall pay the same quarterly to the State treasurer, taking his receipt

therefor. Rev. Codes, 1921, Vol. 1, Pol. Code, Part 3, ch. 275, p, 1528.

Sec. 4212°. Standards.—The weights and measures accepted and used

by the Government of the United States at the present time, except

as hereinafter provided, are the lawful standard weights and measures of the State.

Sec. 4213. Yard.—The standard yai'd is the unit or standard measure of length and surface from which all other measures of extension, whether lineal, superficial or solid, are derived and ascer- tained.

Sec. 4214. Subdivisions of yard.—The yard is divided into three equal

parts, called feet, and each foot into twelve equal parts called inches:

for measures of cloths and other commodities commonly sold by the

yard, it may be divided inlo halves, quarters, eighths, and six- teenths.

Sec. 4215. B,od, mile; chain and link.—The rod, pole, or perch, contains five and a half yards, and the mile one thousand, seven hundred and sixty yards; the chain for measuring land is twenty-two

yards long, and divided into one hundred equal parts, called links.

Sec. 4216. Acre.—The acre for land measure must be measured

horizontally, and contains ten square chains, and is equivalent in area to a rectangle sixteen rods in length and ten in breadth; six

hundred and forty acres being contained in a square mile.

Sec. 4217. ¥nits of weight.—The standard avoirdupois and troy

weights are the units or standards of weight from which all other

weights are derived and ascertained.

Sec. 4218. Division of pound; hundredweight; ton.—The avoirdupois

pound, which bears to the troy pound the ratio of seven thousand

to five thousand, seven hundred and sixty, is divided into sixteen

equal parts, called ounces; the hundredweight consists of one hundred avoirdupois pounds, and twenty hundredweight consti- tute a ton. The troy ounce is equal to the twelfth part of the troy

pound.
MONTANA 461

Sec. 4219. Liqnid me^xires.—The standard gallon and its parts are the units or standards of measure of capacity for liquids, from

which all other measures of liquids are derived and ascertained.

Sec. 4220. Barrel and hogshead.—The barrel is equal to thirty-one

and a half gallons, and two barrels constitute a hogshead.

Sec. 4221. Solid measure.—The standard half bushel is the unit or standard measure of capacity for substances other than liquids,

from which all other measures of such substances are derived and

ascertained.

Sec. 4222. Division of half bnshel.—The peck, half peck, quarter

peck, quart and pint measures for measuring commodities other

than liquid are derived from the half bushel by successively dividing

that measure by two.

Sec. 4223. Heaped measnre; measures, shape and dimensions.—The

measures of capacity for charcoal, ashes, marl, manure, Indian

corn in the ear, fruit, and roots of every kind, and for all other

commodities commonly sold by heap measure, are the half bushel

and its multiples and subdivisions ; and the measures used to measure such coramodities must be made cylindrical, with plane and even

bottom, and must be of the foKowing diameters from outside to outside : The bushel, nineteen and a half inches ; half bushel, fifteen

and a half inches; and the peck, twelve and a third inches.

Sec. 4224. Manner of heaping measure.—All commodities sold by

heap measure must be duly heaped up in the form of a cone; the

outside of the measure, by which the same are measured, to be the

limit of the case [base] of the cone, and said cone to be as high

as the article will admit.

Sec. 4225. Contracts.—Contracts made within this State for work

to be done, or for anything to be sold or delivered by weight or measure, must be construed according to the foregoing standards.

Sec. 4226 (al921). Standard ton; standard bushel.—The standard

ton consists of twenty hundred pounds, but a ton of mineral coal is expressed by the conventional quantity of twenty-six and one-third

bushels of seventy-six pounds each. A bushel of the articles hereinafter named consists of the number of pounds affixed to each, to wit

Pounds Apples and pears 45 Beans 60 Bran 20

Carrots 50 Barlev 48

Beets 50 Buckwheat 52

Coal, mineral 76

Corn, in the ear 70 Cornmeal 50 Lime, unslacked 80

Oats ^- 32

Parsnips 50

Peas 60

Salt 50

Pounds Corn, sheUed 56 Hav, per ton 2, 000 Malt 30 Onions 57 Potatoes 60 Rve 56

Seeds 0) Blue-grass 14 Timoth}- 45 Hemp 44 Turnips 50 Clover 60 Hungarian grass 50

Flax 56 Wheat 60

Sec. 4227. Penalty for taking more than prescribed weights or measures.—^Any person, persons, compan}-, or corporation who shall

demand, exact, or take more than the prescribed number of pounds

> No weight is shown here for seeds ; the space is also left blank in the session laws.
462 LAWS CONCEBITING WEIGHOS AND MBASTIRES

per bushel or per ton as fixed by the provisions of the preceding sec- tion, shall be guilty of a misdemeanor, and, upon conviction thereof,

shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the coimty

jail not less than three nor more than six months, or by both such fine and imprisonment, in the discretion of the court.

Sec. 4228. Measurement of hay in stack; methad of measuring hay in

stack.—Hereafter unless otherwise agreed to between the contracting

parties, the following shall constitute the legal measurement for

hay in stack in the State of Montana: Four hundred and twentytwo cubic feet shall constitute a ton of clean, native, blue joint

hay, after thirty days and up to three months settlemejit in stack;

when the same shall have been in the stack three months or over, three hundred and forty cubic feet shall be considered a ton. Five

hundred and twelve cubic feet shall constitute a ton of alfalfa or rough slough grass, after the same shall have been in the stack thirty

days or more and up to one year. Four hundred and fifty cubic

feet shall constitute a ton of clean timothy and clover, after the same

shall have been in the stack thirty days or more and up to one year. As to all other kinds of hay, five hundred and twelve cubic feet shall

constitute a ton after the same shall have been in the stack sixty days

or more and up to one year. For making measurements of hay in

stack, the following is hereby made the legal method of measurement,

to wit : The width and length of the stack shall be measured, and the

distance from the ground against one side of the stack to the ground

against the other side of the stack, directly over and opposite, shall be taken in linear feet and inches, and then the width shall be subtracted from the measurement over the stack, as above indicated,

the result divided by two, and the result so obtained multiplied by

the width, and the result thus obtained multiplied by the length,

which will give the number of cubic feet contained in the stack, and

the tonnage shall thereupon be determined by dividing the total number of cubic feet by the number of cubic feet allowed under the provisions of this act for a ton.

Sec. 4233°. Weights and measures inspected by county sealer.—All

vendors and traders in goods and merchandise, gold dust, and other

articles of traffic, must have their balances, weights, and measures compared with the standard of their respective counties, and approved and marked by the county sealer, and if the same are found

to be correct to be sealed with the name or initial letters of the county

inscribed thereon, or condemned by him if found incorrect and

marked " condemned."

Sec. 4234. Penalties.—The penalties for using, marking, or stamping false weights and measures, or selling therewith is [are] provided

for in sections 11428 to 11431 of the Penal Code.

Kev. Codes, 1921, Vol. 4, Penal Code, Part 1, eh. 37, p. 154.

Sec. 11240°. False weight; penalty.—Every person who, in putting

up in any bag, bale, box, barrel, or other package, any hops, cotton,

wool, grain, hay, or other goods usually sold in bags, bales, boxes,

barrels, or packages, by weight, puts in or conceals therein anything whatever, for the purpose of increasing the weight of such

bag, bale, box, barrel, or package, with intent thereby to sell the
MONTANA 463

goods therein, or to enable another to sell the same, for an increased

weight, is punishable by fine of not less than twenty-five dollars for

each offense. Eev. Codes, 1921, Vol. 4, Penal Code, Part 1, ch. 47, p. 204.

Sec. 11428°. False weight and measure defined.—A false weight or measure is one which does not conform to the standard established

by the laws of the United States of America.

Sec. 11429. Using false weights or measures.—Every person who

uses any weight or measure, knowing it to be false, by which another

is defrauded or otherwise injured, is guilty of a misdemeanor.

Sec. 11430. False marking.—Every person who knowingly marks

or stamps false or short weight or measure, or false tare, on any cask

or package, or knowingly sells or offers for sale, any cask or package

so marked, is guilty of a misdemeanor.

Sec. 11431. Ton, pound.—In all sales of coal, hay and other commodities, usually sold by the ton or fractional part thereof, the seller must give to the purchaser full weight, at the rate of two thousand pounds to the ton ; and in all sales of articles which are sold in commerce by avoirdupois weight, the seller must give to the purchaser full weight, at the rate of sixteen ounces to the pound ; and any

person violating this section is guilty of a misdemeanor.

Eev. Codes, 1921, Vol. 1, Pol. Code, Part 3, ch. 182, p. 932.

Sec. 2336 (1921). Full weight.—In all sales of coal the person selling

the same must give to the purchaser full weight at the rate of two

thousand pounds to the ton.

Sec. 2342. Misdemeanor.—Any violation of any of the provisions

of this act shall be deemed a misdemeanor, and shall be punishable

by a fine of not more than one thousand dollars, or by imprisonment

in the county jail not exceeding six months, or by both such fine and

imprisonment.

Rev. Codes, 1921, Vol. 1, Pol. Code, Part 4, ch. 44, p. 1856.

Sec. 5039 (al897). Powers of city or town councils.—The city or town council has power

23. To regulate the inspection, weighing, and measuring of wood,

coal, stone, corn, or other grain, and hay, within the city or town.

56. To establish standard weights and measures to be used in the

city or town, and to provide for a sealer of standard weights and

measures, who has exclusive jurisdiction within the city or town.

57. To provide for the inspection and measuring of lumber and

other building materials. Rev. Codes, 1921, Vol. 1, Pol. Code, Part 3, ch. 199, p. 1008.

Sec. 2582 (1911). Weights and measures; size of gallon and pound.

In case of food sold by weight or measure, all measures shall be in

gallons or fractions thereof, a gallon to contain two hundred and

thirty-one cubic inches, and each fraction of a gallon to contain

its corresponding fraction of two hundred and thirty-one cubic

inches. Where weights or measures are stated in pounds and

ounces, they shall be exclusive of the wrapper or other container, and

each pound shall contain sixteen ounces, each ounce containing four

517—26 30
464 LAWS CONCEENING WEIGHTS AND MEASURES

hundred and thirty-seven and one-half grains. Any person, persons,

firm, or corporation selling or offering for sale any article of food

as a pound, or any multiple thereof, except by actual weight, the net weight of which is less than sixteen ounces, or the proper multiple thereof to represent the number of pounds sold or offered for

sale, and any person, persons, firm, or corporation selling or offer- ing for sale any quantity of food as a gallon, or any fraction thereof,

which does not contain two hundred and thirty-one cubic inches net measure, or the fraction thereof represented by the fraction of a

gallon offered for sale or sold, shall be guilty of a misdemeanor.

Sec. 2587. Contents to be marked on packages, when.—* * * That for the purpose of this act, an article shall be deemed to be

misbranded; * *

* In the case of foods ; * * * Third. If in the package form, and the contents are stated in terms

of weight or measure, they are not plainly and correctly stated on

the outside of the package.

Rev. Codes, 1921, Vol. 1, Pol. Code, Part 3, ch. 276, p. 1545.

Sec. 4265 (1913). Standard size apple box established.—There is hereby created and established a standard size for apple boxes

for the State of Montana. The standard size of an apple box

shall be of the following dimensions, when measured without dis- tention of its parts: Depth of end, ten and one-half inches; width

of end, eleven and one-half inches; length of box, eighteen inches

inside measurements; and representing as nearly as possible two

thousand one hundred seventy-three and one-half cubic inches.

Sec. 4266. Boxes shall be plainly marked " Short box " or by what

figures.—Any box in which apples shall be packed and offered for

sale that contains less than the required number of cubical inches, as prescribed in the preceding section shall be plainly marked on

one side and one end with the words " Short box," or with the

words or figures showing the practical relation which the actual

capacity of the box bears to the capacity prescribed by the preceding

section. The marking required by this paragraph shall be in black

letters of the size of not less than seventy-two point black [block]

Gothic.

Sec. 4267. The approximate number of apples, name of grower or packer, place of growth, variety of apples and grade to be plainly

marked on box.—The box when packed and offered for sale shall bear

upon it or upon the label, and in plain figures, the approximate number of apples in the box, which shall be within five apples of the true count of the number of the style of pack used in the box; also in

plain letters the name of the firm, company, or organization who

shall have first packed, or authorized the packing of the same. Also the name of the locality where the apples were grown ; also the correct name of the variety of apples contained in the box;

also the grade adopted by the grower, firm, company, or organization that authorized the packing of the fruit.

Sec. 4269. Boxes may be marked " Standard."—The boxes in which

the apples are packed in accordance with the provisions of this act may be marked " Standard."

Sec. 4272, as amended by Laws, 1925, ch. 81, p. 108. Penalty for

violation.—No person, firm, company, or organization shall sell or
MONTANA 465

offer for sale, or shipment within or without the State of Montana,

apples branded or packed in boxes in violation of the provisions of

this act. Any person, firm, company or organization who shall knowingly sell or offer for sale, or shipment within or without

the State of Montana, apples branded or packed in boxes in violation of the provisions of this act, shall be guilty of a misdemeanor

and on conviction thereof shall be subject to a nne of not less tlian ten dollars or more than fifty dollars. Rev. Codes, 1921, Vol. 1, Pol. Code, Part 3, ch. 277, p. 1547.

Sec. 4273 (1919). Weights for sale of bread prescribed.—From and

after the passage of this act it shall be unlawful for any person or

persons, association, copartnership or corporation to manufacture

for retail or wholesale trade, or to sell bread unless the same shall be

of the following weights, which shall be net weights eight hours after

baking: One pound, one and one-half pounds, two pounds, three

pounds, four pounds, five pounds, six pounds, or other multiple

pound weights; variation at the rate of one ounce per pound over and one ounce per pound under the above specified unit weights are

to be permitted in individual loaves, but the average weight of not

less than twenty-five loaves of any one unit of any one kind shall be

not less than the weight prescribed for such unit, and if twin or multiple loaves are wrapped at the place where baked or sold to the consumer wrapped and undivided, the loaf must conform to the

above weight requirements, and if the tAvin or multiple loaf is un- wrapped or divided before being sold to the consumer, each unit

of the loaf must conform to the above weight requirements: Provided, That this act shall not apply to persons, firms or corporations who do not hold themselves out to the public, and engaging in

a general and established business of manufacturing or selling bread

and bread products.

Sec. 4274. Definition of twin or multiple loaf.—In construing provisions of the preceding section the following definitions shall be had

A twin or multiple loaf is one that is made of two or more plortions of dough baked in one pan; single units weighing less than

one pound must not be baked; a manufacturer or seller of loaves

of the weights prescribed may cut and sell a portion of a loaf to a consumer; bread may be sold at any time after baking, and it shall not be required that bread shall remain unwrapped for any specified

length of time after baking.

Sec. 4275. Return or repurchase of bread prohibited.—It shall be

unlawful for any person or persons, association, copartnership, or corporation engaged in the manufacture for sale, or the sale of bread,

to directly or indirectly accept return of bread theretofore sold, nor

repurchase the same, nor allow credit to anyone for the same; nor

shall any bread previously sold be exchanged for other bread.

Sec. 4276. Penalty for violation of act.—Any such manufacturer or

seller violating any of the provisions herein contained shall be liable to a fine of not less than ten dollars nor more than one hundred

dollars for each and every offense, and each separate sale or violation of any of the provisions of this act shall constitute a separate

offense.
466 LAWS CONCEBNING WEIGHTS AND MEASURES

Rev. Codes, 1921, Vol. 1, Pol. Code, Part 4, ch. 11, p. 1674.

Sec. 4471 (1905). County commissioners may establish public scales.

The board of county commissioners of any county is hereby authorized, in its discretion, when petitioned by twenty-five or more resi- dents and freeholders of the county, to establish and locate public

scales at any suitable location selected by the county commissioners

within the county.

Sec. 4472. Capacity of scales.—Such scales shall be purchased by

the county, and be not less than five tons weighing capacity, and

shall be provided with glass or open front which can be observed

by the one weighing without dismounting from wagon, and shall

be the property of the county, and at all times be under its control

and subject to the will of the county commissioners.

Sec. 4473. The board of county commissioners to appoint public

weigher.—The board of county commissioners shall appoint at each

place where public scales are established by them, a public weigher,

who shall have the custody and care of such property, and who shall

give a bond to the county in the sum of five hundred dollars, conditioned for the safe-keeping of the same, and for the faithful and impartial discharge of the duties incident to his trust in office. Sec. 4474. Duty of public weigher.—It shall be the duty of each

public weigher to keep a stub record of all weighing done by him,

which record and the receipt issued such public weigher shall show

for whom property was weighed and the character and kind thereof,

and shall constitute prima facie evidence of the facts therein contained; and all such stub records, or other records which the county

commissioners may require him to keep, shall at all times be open to public inspection during business hours, between 7 a. m. and 6 p. m.

of any day, save and except Sundays and legal holidays, and such

public weigher shall file a sworn statement with the county recorder

of the county, as prescribed by the county commissioners thereof,

which statement shall show the date and character or kind of property weighed, for whom weighed, and a complete statement of all fees collected.

Sec. 4475. Rules and regulations.—Such public weigher shall receive

not to exceed ten cents for each receipt issued by him, and shall be

governed by such rules and regulations as may be from time to time

prescribed or adopted by the board of county commissioners, and he

may be removed at any time by such board.

Sec. 4476. False receipts.—Any public weigher, under the provisions

of this act, who shall make an}^ false or fraudulent receipt of any

weighing done by him, or shall be guilty of any collusion with any

other person or persons for the purpose of deceiving any person or persons in regard to the correctness of weights, or who shall fail to comply with the requirements of the preceding section, is guilty of a misdemeanor.

Rev. Codes, 1921, Vol. 4, Penal Code, ch. 43, p. 188.

Sec. 11387 (1897). False device for measuring gas, water, or electricity.—Every person or persons, or officer or officers, or employee or employees of any corporation or corporations who with intent to in- jure, or defraud, uses or causes to be used any false registering or

false measuring device or meter for the measuring of any water,
MONTANA 467

gas or electric current that is sold to any other person or persons, corporation or corporations, or who shall alter or change the record

or measurement of any such meter or measuring device with intent

to injure or defraud, shall be guilty of a misdemeanor and on conviction thereof shall be fined in the sum of not less than one hundred

dollars nor more than five hundred dollars. In prosecutions for

offenses under this section, proof of the use of such false registering

meter or proof of an attempt to collect payment from any con- sumer for any falsified amount or quantity of gas, water, or electricity, shall be prima facie evidence of the guilt of such defendant.

Rev. Codes, 1921, Vol. 1, Pol. Code, Part 3, ch. 254, p. 1307.

Sec. 3561 (1921). Powers and duties of department.—The department

of agriculture, labor and industry shall have power and it shall be

its duty: * * *

4. To establish and promulgate standards for open and closed

receptacles for farm products and standards for the grade and other

classification of farm products.

Sec. 3563. Divisions defined.—There shall be four main diAdsions of

the department of agriculture, labor and industry, to wit

The division of farming and dairjung ; the division of grain standards and marketing; the division of horticulture; the division of

labor and publicity.

The divisions hereby created are intended for the sole purpose of

promoting the logical and convenient classification of the work of

the department, and nothing herein contained shall be deemed to prevent any person engaged in the work of a particular division

from performing the work of another division; the commissioner

may likewise create additional divisions at his discretion.

Sec. 3570, as amended by Laws, 1923, ch. 35, p. 67, sec. 9. Babcock

test adopted; certificate; method of test; false determination.—The Babcock test is hereby adopted as the olScial dairy test for use in the

State of Montana.

Any person operating the Babcock test in any creamery or cheese

factory, or other place where milk or cream is bought and paid for on the basis of its fat content, shall be required to pass such examination as the commissioner of agriculture shall prescribe, upon

successful completion of which examination he shall receive a certifi- cate signed by said commissioner, or his authorized agent, stating

his competency to operate said test.

The following is the method which shall be adopted as the standard for the operation of the Babcock test for the State of Montana

and shall be used by persons, firms, or corporations paying for milk

or cream on the basis of the butter fat content of such commodity

or commodities.

The milk from which the sample to be tested is taken shall be

thoroughly mixed by pouring from one vessel to another, three times

and by stirring with an instrument suitably [suitable] for the purpose. The sample to be tested shall consist of eighteen grams by

weight, or seventeen and six-tenths cubic centimeters, as measured

in a standard pipette. The standard strength of the acid used for

all testing of milk or cream shall be indicated by the specific gravity,
468 LAWS CONCERNING WEIGHTS AND MEASURES

which shall be not less than one and eighty-two hundredths, nor more than one and eighty-three hundredths, as determined by a standard hydometer [hydrometer]. After properly mixing the sample

of milk and acid in the test bottle, centrifuging shall be for periods

of five minutes, two minutes, and one minute. After the first period

of centrifuging, water shall be added, sufficient to fill the test bottle up to the base of the neck and after the second centrifuging,

water shall be added sufficient to raise the fat in the neck of the

test bottle to near the top of the graduation. The water used to

fill the test bottles shall be at a temperature of one hundred and

forty degrees Fahrenheit or more. After the last period of centrifuging, the test bottle shall be immersed in a bath prepared for the

purpose, which shall consist of water at not less than one hundred

and thirt3^-five degrees nor more than one hundred and forty degrees

Fahrenheit, and they shall remain immersed for at least ten minutes and the temperature of the bath shall be kept between the temperatures before named for the full period of immersion. The

test shall be read immediately after the test bottles are taken from

the bath. Dividers shall be used to determine the length of the fat

column in the neck of the test bottles. The reading shall be from the bottom of the lower meniscus to the top of the upper meniscus of the fat column.

The method of testing cream shall be the same as for miUc, except

that all samples of cream tested shall be eighteen grams by weight,

and the reading of the fat column in the neck of the test bottle shall be from the bottom of the lower meniscus to the bottom of the upper

meniscus. If glymol is used to destroj?^ the upper meniscus, the

reading shall be from the bottom of the lower meniscus to the bottom

of the glymol on the top of the fat column.

If the operator prefers, he may use the alternate method of test- ing cream, hereinafter described. Before taking the samples of cream for testing, the whole body of cream shall be thoroughly

maxed, as b}- the preceding method. All samples of cream taken for

testing shall be homogenous samples of the whole body of cream from which they are taken and shall be eighteen grams by weight.

After properly mixing the acid and sample of cream to be tested,

the test bottle shall be filled to the base of the neck with water at a temperature of not less than one hundred and eighty, degrees Fahrenheit, placed immediately in the testing machine and centrifuged for

not less than five minutes. The test bottle shall then be filled to near

the top of the graduation with water at one hundred and eighty de- grees Fahrenheit replaced in the machine and centrifuged for two

minutes or more. The water bath shall then be used and the reading made in the same way as in the preceding method. A standard

thermometer shall be used for determining temperatures in making

the Babcock test. All test bottles, pipettes and other glassware used in connection

with the Babcock test, whether fat forms the basis for the payment

of the product, shall be handled and calibrated by the commissioner

of agriculture or his deputies, as often as the commissioner may prescribe, such testing or calibrating to be done on the premises where

such glassware is used. All bottles used for the purpose of making

the Babcock test shall be standard bottles, and shall be designated as
MONTANA 469

such by the word " standard " stamped thereon. All glassware

found to be not standard in capacity shall be seized and destroyed

by the commissioner of agriculture or his authorized agent.

No owner, manager, agent or employee of a cheese factory, creamery, or other place where the fat content of milk or cream is determined by test, shall falsely manipulate or under-read or over-read

the Babcock test or any other contrivance used for determining the

quality of milk or cream or make any false determination of the said

Babcock test or other test.

:[: * Jj« :{! * *

Sec. 3571, as amended by Laws, 1923, ch. 35, p. 67, sec. 10. Standard measure for milk; butter measure; penalty; maker's name on packages;

pound packages so branded.—The standard measure of capacity for

milk shall be the gallon containing two hundred thirty-one cubic

inches, the half gallon shall contain one hundred fifteen and five- tenths cubic inches, and the quart one-fourth as much as the gallon,

and the pint one-half as much as the quart.

The standard measure for the sale of butter and cheese in the State

of Montana shall be sixteen ounces (avoirdupois weight) to the

pound, when wrapped or put in container, exclusive of the wrapper

or container. Where weight and measure are stated in pounds or

ounces, they shall be exclusive of the wrapper or other container,

and each pound shall contain sixteen ounces, each ounce four hundred and thirty-seven and one-half grains. All packages of butter

weighing less tlian sixteen ounces avoirdupois, shall be of a net weight

which is a binary submultiple of sixteen ounces, which is eight

ounces, four ounces, or two ounces. Any person, persons, firm or cor- poration, selling or offering for sale, any article of dairy products

as a pound, or any multiple thereof, the net weight of which is less than sixteen ounces, or the proper multiple thereof, to represent the

number of pounds sold or offering for sale, shall be guilty of a misdemeanor; provided, a reasonable variance be permitted, and that

tolerance shall be established by rules and regulations made by the

commissioner of agriculture, in accordance with the provisions of

this act. That butter sold in the State of Montana whether manufactured

on a farm or in a creamery, must have the maker's name clearly

written or printed in a conspicuous place on the outside of the package in which it is sold, and upon each pound package of butter so sold or offered for sale the words " Net weight sixteen ounces " or

" Net weight one pound " shall appear.

Sec. 3573. The division of grain standards and marketing.—The department of agriculture, labor and industry, through the division

of grain standards and marketing, shall enforce all the laws of the

State of Montana concerning the handling, weighing, grading, in- spection, storage and marketing of grain, and the management of

public warehouses.

Sec. 3575, as amended by Laws, 1923, ch. 41, p. 96. Testing of scales;

fee.—The commissioner of agriculture shall employ an expert tester of scales, whose duty it shall be under such rules and regulations as the commissioner may prescribe to test the scales within this State

where grain is weighed at elevators and public warehouses; also to

test all wagon scales, coal scales and track scales in the State of Mon-
470 LAWS CONCEENING WEIGHTS AND MEASUEES

tana where grain is weighed for the public. The person employed by

the commissioner of agriculture as an expert tester of scales shall

collect from such person, firm, copartnership or corporation for each

track scale tested ten dollars, for each wagon scale, coal scale, dump

scale and shipping scale five dollars, and for each portable scale and

grain tester one dollar.

Sec. 3576. Appointment of inspectors, samplers and weighers.—The

commissioner of agriculture shall appoint such number of inspectors,

samplers and weighers as may be necessary to pi'operly and thoroughly enforce the provisions of this act. Such inspectors shall be

able to quahfy under the terms and in accordance with the United

States Federal grain standards act; no sucli inspector, sampler or weigher shall be interested directly or indirectly in the handling,

sorting, shipping, purchasing or selling of grain or grain products.

Sec. 3577. Penalty for misconduct by inspectors.—Any inspector,

sampler, or weigher, who shall be guilty of any neglect of duty, or who shall knowingly or carelessly insjDect, sample, or weigh any

grain, or who shall, directly or indirectly, accept any money or other

consideration for any neglect of duty or any improper performance

of duty as such inspector, sampler, or weigher, or any person, persons, corporation, or agent, who shall improperly influence, or at- tempt to improperly influence, any inspector, sampler, or weigher in

the performance of his duties, shall be deemed guilty of a misdemeanor, and upon conA'iction thereof shall be fined not less than one hundred dollars nor moie than five hundred dollars, or be imprisoned

in the county jail not less than thirty days nor more than one year, or by both such fine and imprisonment, in tlie discretion of the

court.

Sec. 3578. Designation of inspection points; deputy inspectors.—Such

cities and towns where grain is received in carload lots may be designated by the commissioner of agriculture as inspection points, and be

provided with State inspection and Aveighing: Provided, That the

expenditures for the inspection and weighing at the points designated by the commissioner shall not exceed the receipts of fees at such point or points. The commissioner may also assign deputy in- spectors to such territory or portions of the State as it may determine to be necessary, and it shall be the duty of such deputy in- spectors to inspect grain delivered in less than carload lots in such

territory or portions of the State to which they may be assigned,

to furnish producers within such territory or portions of the State

with such inspection as shall enable them to determine the grade of

their grain, and to perform such other duties as the commissioner

may prescribe.

Sec. 3581. For inspection and weighing.—The conmiissioner of agriculture shall fix the fees for inspection and weighing of grain, and

such fees shall be a lien upon such grain until paid.

Sec. 3582. Records of weighing and grading; certificate.—The inspectors, samplers and weighers shall, at places provided for State in- spection, have exclusive control of the weighing and grading of

grain to be inspected, and the certificates of such officers relative to such weighing and grading, shall be conclusive upon all parties in- terested. Suitable books and records shall be kept, in which shall
MONTANA 471

be entered a faithful and true record of every carload of grain in- spected or weighed by them, and showing the number of and initial or other designation of the car containing such carload, its weight,

the kind of grain and its grade, and if graded below standard No.

1 grade, the reason for such grade, if of inferior grade, the amount

of such dockage, the amount of fees and forfeitures and disposition

of the same, and for each car of grain they shall give a certificate of inspection, showing the kind and grade of the same and the reason

for all grades below No. 1, the amount to be allowed for dockage,

if any. They shall also furnish the agent of the railroad company,

or other carrier over which such commodity was shipped or carried, a certificate showing the weight thereof, if requested to do so. They

shall also keep a true record of all appeals, decisions, and a complete record of every official act, which books and records shall be

open to inspection by any party in interest.

Sec. 3583. Removal of inspectors for misconduct.—Upon written complaint filed with the commissioner of agriculture, charging an in- spector, sampler, or weigher with offiicial misconduct, inefficiency, in- competency, or neglect of duty, the commissioner of agriculture shall investigate such charges, and if it be found sustained shall remove

such officer. Sec. 3592. Examination of grain cars at destination; license of grain

weighers.—All inspectors, samplers and weighers, before opening the

doors of any car containing grain, upon arrival at any of the places

designated by the commissioner of agriculture for inspection, shall

first ascertain the condition of such cars, and determine whether any

leakages have occurred while said cars were in transit, whether or not the doors were properly secured and sealed at point of shipment,

and shall make a record of such facts in all cases, giving seal numbers.

After such examinations have been made, the State officials shall securely close and reseal such doors as have been opened by them,

using the special seal of the commissioner of agriculture for the

purpose.

A record of all original seals broken by said officials and the date

when broken, and also a record number of said seals shall be made

by them. An inspector, weigher, or sampler shall break the seal,

weigh and superintend the unloading of all cars of grain subject

to inspection, and it shall be unlawful for any other person, or

persons, to break the seal or weigh such cars of grain.

The commissioner of agriculture shall have power to require all persons, firms, corporations, or warehousemen engaged in weighing

grain within the State of Montana to obtain a license, and prescribe

rules and regulations governing the application for and the issuance

of such licenses, but no fee shall be charged therefor, and any

person, firm, corporation, or warehouseman, who shall weigh any

grain without first having obtained license, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a

fine of not less than twenty-five dollars nor more than two hundred

dollars. All fees, licenses, and other charges collected under the provisions

of this act shall be, by the person collecting the same, paid to the

State treasurer of the State of Montana, and by said treasurer placed

in the general fund.
472 LAM'S CONCEBNING WEIGHTS AND MEASURES

Rev. Codes, 1921, Vol. 1, Pol. Code, Part 3, eh. 257, p. 1386.

Sec. 3822 (1913). Maintenance of loading platforms by railroad.

Every railroad company doing business in this State shall, within

sixty days after notice from the board of railroad commissioners

of the State of Montana, erect one or more platforms for the transfer of livestock, grain, and other commodities from wagons or otherwise to cars at each and every station or siding designated

in such notice; such platforms to be erected so as not to endanger

life and property. * * *

Sec. 3825. Erection of scales.—Every railroad company shall allow

suitable scales to be erected either upon the platform or upon the

groimds adjacent thereto, if upon their right of ^^ay, for weighing

and shipping purposes.

Sec. 3826. Penalty.—Every railroad company neglecting or refusing to comply with the requirements of this act shall be deemed

guilty of a misdemeanor, and be subject to a fine of not less than

five hundred dollars for every thirty days such failure shall continue after notice as aforesaid. Hev. Codes, 1921, Vol. 1, Pol. Code, ch. 260, p. 1420.

Sec. 3890 (1913). Commercial units of product or service; standard of measurement; examination and testing.—The commission [public

service commission] shall ascei'tain and prescribe for each kind of

public utility suit-able and convenient commercial units of product

or service. These shall be lawful units for the purposes of this

act.The commission shall ascertain and fix adequate and serviceable

standards for the measurement of quality, pressure, initial voltage, or other conditions pertaining to the supply of the product or service

rendered by any public utility, and prescribe reasonable regulations for examination and testing of such product or service and

for the measurement thereof.

The commission shall provide for the examination and testing of

any and all appliances used for the measuring of any product or

service of a public utility. Any consumer or user may have any

such appliances tested upon payment of the fees fixed by the commission. The commission shall establish and declare reasonable

fees to be paid for testing such appliances on the request of the consumers or users, the fee to be paid by the consumer or user at the time of his request, which fees, however, shall be paid by the

public utility and repaid to the complaining party, if the quality or quantity of the product, or the character of the service, be found

by the commission defective or insufiicient in a degree to justify

the demand for testing; or the commission may apportion the fees between the parties as justice may require.

The commission may, in its discretion, purchase such materials,

apparatus and standard measuring instruments for such examinations and tests as it may deem necessary. The commission, its agents, experts, or examiners, shall have the

power to enter upon any premises occupied by any public utility

for the purpose of making the examinations and test provided in

this act, and to set up and use on such premises any apparatus

and appliances and occupy reasonable space therefor. Any public
MONTANA 473

utility refusing to allow such examinations to be made, as herein

provided, shall be subject to the penalties prescribed in section

3888 of this code. Rev. Codes, 1921, Vol. 2, Civil Code, Part 4, ch. 26, p. 430.

Sec. 7107 (1899). Measurement of water; cubic foot.—Hereafter a

cubic foot of water (7.48 gallons) per second of time shall be the

legal standard for the measurement of water in this State.

Sec. 7108. Miner's inch; equivalent in gallons.—Where water rights

expressed in miner's inches have been granted, one hundred miner's

inches shall be considered equivalent to a ilow of two and one-half

cubic feet (18.7 gallons) per second; two hundred miner's inches

shall be considered equivalent to a flow of five cubic feet (37.4

gallons) per second, and this proportion shall be observed in determining the equivalent flow represented by any number of miner's

inches. Rev. Codes, 1921, Vol. 1, Pol. Code, Part 3, ch. 252, p. 1270.

Sec. 3454 (1911). Ex ofB^cio sealer of weights and measures.—The

State coal mine inspector is hereby made, equally with the secre- tary of state, ex officio sealer of weights and measures, in so far as the same relates to coal mines and coal mining, and as such is empowered to test and compare all weights and measures used in weighing and measuring coal at any coal mine, or used in measuring air

passages or other openings in coal mines, with the standards of

weights and measures kept by the State sealer of weights and measures. Upon the written request of any coal mine owner or operator, or ten coal miners employed at any one mine, it shall be his duty

to test and prove any scale or scales at such mine against which complaint is directed, and if he shall find that they or any of them do

not weigh correctly, he shall call the attention of the mine owner,

lessor, or operator to the fact, and direct that said scale or scales be at once overhauled and readjusted so as to indicate only true and

correct weights, and he shall forbid the further operation of such

scale until such scales are adjusted. In the event that such test shall conflict with any test made by any other sealer of weights and

measures, or under and by virtue of any municipal ordinance or

regulation, then the test by such State coal mine inspector shall

prevail.

Sec. 3455. Standard test weights to be furnished.—For the purpose

of carrying out the provisions of this act, the State coal mine

inspector shall be furnished by the State with such sets of standard

weights suitable for testing the accuracy of track scales, and of all smaller scales at mines, as may in the judgment of the State coal mine inspector be necessary; said test weights shall remain in the

custody of the State coal mine inspector for use at any point within

the State, and for any amounts expended by him for the storage,

transportation, or the handling of the same, he shall be fully reimbursed upon making proper entry of the proper items in his ex- pense voucher.

Sec. 3487. Check weighman.—The weighman employed at any mine

shall subscribe to an oath or affirmation before some officer authorized to administer oaths, to do justice between employer and employee, and to truly and correctly weigh the output of coal from
474 lAWS CONCERNING WEIGHTS AND MEASURES

the mines as herein provided. The miners employed by or engaged

in working for any mine owner, operator, or lessee of any mine

in this State shall have the privilege, if they desire, of employing at their own expense a check weighman, who shall have like

equal rights, powers, and privileges in the weighing of coal as the

regular weighman, and be subject to the same oath and penalties as the

regular weighman. Said oath or affirmation shall be kept conspicuously posted in the weight office, and any weigher of coal or person so employed, who shall knowingly violate any of the provisions of

this section, or any owner, operator, or agent of any coal mine in

the State, who shall forbid or hinder miners employing or using

a check weighman as herein provided, or who shall prevent or

willfully obstruct any such check weighman in the discharge of his

duty, shall be deemed guilty of an offense against this act. Whenever the State coal-mine inspector, or his deputy, shall be satisfied that the provisions of this section have been willfully violated, it shall be his duty to forthwith inform the prosecuting attorney

of any such violation, together with all the facts within his knowledge, and the prosecuting attorney shall thereupon investigate the

charges so preferred, and if he is satisfied that the provisions of

this section have been violated, it shall be his duty to prosecute the

person or persons guilty thereof.

Sec. 3488. Must not use false weights.—^Any person or persons

having or lising any scale or scales for the purpose of weighing

the output of coal at mines must not arrange or construct them

so that fraudulent weighing may be done thereby, and must not

knowingly resort to or employ any means whatsoever by reason

of which such coal is not correctly weighed and reported in accord- ance with the provisions of this act.
NEBRASKA

Comp. Stats., 1922, Part 2, Title 3, Art. 18, p. 2335.

Sec. 7571 (al921). Department of agriculture to enforce.—The department of agriculture shall enforce the provisions of this article. It shall make or cause to be made all inspections and shall have

authority to promulgate such rules and regulations as may be neces- sary to promptly and effectively enforce the provisions of this act. It shall have authority to adopt such additional standards as are not

specifically provided for in this act. It shall have authority to establish tolerances and specifications for commercial weighing and

measuring apparatus for use in the State of Nebraska similar to the tolerances and specifications recommended by the United States

Bureau of Standards, and may make reasonable regulations regarding the varieties or kinds of devices, attachments or parts entering

into the construction or installation of weights and measures or weighing or measuring appliances which shall have for their object

the tendency to secure correct results in the use of such appliances.

Sec. 7572. Standard weights and measures.—Such standard weights

and measures as have been furnished to this State by the Government of the United States, in accordance with a joint resolution

of Congress, approved June 14, 1836, and such weights, measures,

balances and measuring devices as may be received from the United

States as standard weights, measures, balances, and measuring devices, in addition thereto, or in renewal thereof, shall be authorized standards of the State of Nebraska.

Sec. 7573, as amended by Laws, 1923, ch. 10, p. 101. Bushel; subdivisions.—A bushel shall consist of two thousand one hundred and fifty

and forty-two hundredths (2,150.42) cubic inches. The half bushel,

peck, and half peck shall consist of the proper division and subdivision of the bushel.

Sec. 7574. Gallon.—A gallon shall consist of two hundred and

thirty-one cubic inches.

Sec. 7575. Pound.—A pound avoirdupois shall consist of seven thousand grains in Troy weights.

Sec. 7576. Units of length and surface.—The units of standard, and

measures of length and surface from which all other measures of

extension, whether lineal, superficial or solid, shall be derived and

ascertained, are the standards of length designated in this article. The yard is divided into three equal parts called feet and each foot

into twelve equal parts called inches. For measures of cloth and

other commodities commonly sold by the yard, the yard may be

divided into halves, quarters, eighths and sixteenths. The rod, pole or perch contains five and one-half yards ; the^ mile seventeen hundred and sixty yards. The chain for measuring land is twentytwo yards long, and is divided into one hundred equal parts called

links. The acre for land measure shall be measured horizontally

475
476 LAWS CONCERNING WEIGHTS AND MEASURES

and contain ten square chains, equivalent in area to a rectangle

sixteen rods in length and ten in breadth, six hundred and forty

acres being contained in a square mile.

Sec. 7577. Units of weights.—The units of standard of weight from

which all other weights shall be derived and ascertained, shall be the

standard weights designated in this article. The hundred weight

consists of one hundred avoirdupois pounds, and a ton contains

twenty hxindred weights. Wherever hereafter in this article the

word " pound " is used it shall mean the avoirdupois pound unless

otherwise distinctly specified.

Sec. 7578. Units of dry measure.—The units of standards of measure of capacity for commodities not liquids, from which all other measures shall be derived and ascertained, shall be the standards for

such commodities designated in this article. The peck, half peck,

quarter peck, quart, pint, and half pint measures for measuring commodities which are not liquids shall be derived from the half bushel

by successively' dividing the measure by two.

Sec. 7579. Units of liquid measure.—The units of standards of measure of capacity for liquids, from which all other measures shall

be derived and ascertained, shall be the standard liquid measures

designated in this article. The liquid gallon shall be divided by continual division by the number two so as to make half gallons, quarts,

pints, half pints and gills. Sec. 7580. Electrical measures.—The standards of electrical measures recognized by the National Bureau of Standards, when procured

by the State, shall be the standard of electrical mesures in the State

of Nebraska.

Sec. 7581. Metric weights and measures.—The weights and measures

of the metric system shall be legal weights and measures in the State

of Nebraska.

Sec. 7582. Weights per barrel and per bushel.—Whenever any of the

articles or commodities mentioned in this section shall be sold by

the bushel or fractional part thereof, and no special agreement shall be made in writing, the measure thereof shall be ascertained by avoirdupois weight, and shall be computed as follows

:

Pounds Apples 48

Apples, dried 24

Alfalfa seed 60

Barley 48

Beans, green, unsheUed 56 Beans, dried 60

Beans, Lima 56 Beets 56

Blue grass seed 18 Bran 20

Bromus inermis 14 Broomcorn seed 50 Buckwheat 50

Carrots 50

Castor beans, sheUed 50 Charcoal 20

Cherries 40

Clover seed 60

Pounds Coal 80 Coke 40

Corn in ear, husked, (field) 70 Corn in ear, unhusked, (field) 75 Corn sheUed (field) 56 Corn meal 48 Cucumbers 48 Emmer 48

Flax-seed 1 56

Grapes, with stems 40

Hemp seed 44 Hickory nuts, hulled 50

Kaffir corn 56 Lime 80

Millet seed 50

Oats 32 Onions 57 Onion top sets 28

1 The item, flax-seed, 56 pounds per bushel, is not given in the Comp. Stats.. 1922, and must have lieen inadvertently omitted as it is given in an act approved April 23, 1921, Laws, 1919-21, ch. 10, p. 74.
NEBKASKA 477

Pounds Pounds Onion bottom sets Orchard grass seed Osage orange seed Parsnips

Peaches

Peaches, dried Peanuts

Pears

Peas, green, unshelled

Peas, dried Plums

Popcorn on the ear Popcorn, shelled Potatoes Quinces

Rape seed Redtop seed

32

1432

5048

3322

45

50

6048

70

56

6048

50

14

Rutabaga 60

Rye 56 Rye grass seed 22

Salt 80 Sand 130

Shorts 20

Sorghum saccharatum seed 50

Spelt (emmer) 48 Sweet corn 50 Sweet potatoes 50

Timothy seed 45

Tomatoes 56 Turnips 55 Walnuts, hulled 50 meat 60

All root crops not specified above. 50

The net weight per barrel or per hundred or divisible "tnerchant- able quantities shall be as follows and no packages other than these

sizes shall be permitted for sale in the State of Nebraska : Wheat

flour per barrel, 196 pounds ; per half barrel, 98 pounds ; per quarter

barrel sack, 48 pounds ; per one-eighth barrel sack, 24 pounds ; per onesixteenth barrel sack, 12 pounds; per one thirty-second barrel sack,

6 pounds; rye flour, rye graham, wheat grahato, whole wheat flour and corn meal in packages of the following weights: One hundred

pounds, fifty pounds, twenty-five pounds, ten pounds and five pounds, or in cartons of three pounds, or one pound; and per one- thirty-second bushel sack or carton, 11^ pounds. Nothing in this

article shall be construed to prohibit the sale in other sized packages, of flour prepared for special purposes.

Sec. 7583. Measurements of hay in stack,—Unless otherwise agreed

to between the contracting parties the following shall constitute the

legal method for measuring hay in the stack and determining the

tonnage of same : The distance from the ground against one side of

the stack to the ground against the other side of the stack, directly over and opposite, shall be taken in feet and inches; subtract from

this measurement the average width of the stack ancl divide by two

to obtain the average height of the stack ; multiply the width by the

height and the result so obtained by the average length of the stack,

which will give the cubic feet of hay in the stack.

Sec. 7584. Contracts; sales; construed.—All contracts, sales or purchases hereafter made for work to be done, or for anything to be

sold or delivered or done, by weight or by measure, within this State,

shall be taken and construed in terms of and according to the standards of weights and measures adopted by this article, except where

parties have agreed in v/riting upon any other calculations or measurements; and all statements and representations of any kind re- ferring to the weights or measures of commodities sold or purchased,

or exposed for sale, shall be understood in terms of the standards

of weights or measures aforesaid.

Sec. 7585. Dry commodities; how sold.—All dry commodities not

otherwise specified in this article shall be sold only by standard

weight, numerical count or linear or surface measure, except where

parties shall have a written agreement specifying some other unit of measure, or in the case of fruits and vegetables in containers, other

than as specified in section 7586, where the container is labeled or
478 LAWS CONCEENING WEIGHTS AND MEAStJRES

stamped designating the minimum weight, or the minimum numerical count.

Sec. 7586. Berries; small fruit.—All sales of blackberries, blueberries, cranberries, currants, gooseberries, raspberries, cherries,

strawberries, and similar berries, also onion sets in package of one peck or less, may be sold by the quart, pint or half pint, dry measure

;

and all berry boxes sold, used, or offered for sale within the State

shall be of an interior capacity of one quart, pint or half pint, dry

measure. Any berry boxes not conforming to this section shall be

confiscated by the inspector.

Sec. 7587. Milk; cream; bottles; liquid commodities.—All mUk or cream that shall be sold in bottle shall be sold only in bottles con- taining half pints, pints, quarts, half gallons or gallons. All liquid

commodities shall be sold only by standard liquid measure or standard weight, except where parties shall have a written agreement

specifying some other imit of measure.

Sec. 7588. Butter packages.—A print or package of butter shaU contain one pound avoirdupois.

Sec. 7589. False weights and measures.—Any person who, by himself, or by his servant or agent or as the servant or agent of another

person, shall offer or expose for sale, sell, use in buying or selling of

any commodity or thing for hire or award, or retain in his possession

a false weight or measure or weighing or measuring device, or any

weight or measure or weighing or measuring device which has not

been sealed by the department of agriculture within two years, or who shall sell or offer or expose for sale less than the quantity he

represents, or shall take or attempt to take more than the quantity

he represents, when as the buyer, he furnishes the weight, measure,

or weighing or measuring device by means of which the amount of

the commodity is determined; or who shall keep for the purpose of

sale, offer or expose for sale, or sell any commodity in a manner con- trary to law; or who shall sell or offer to sell or use or have in his

possession for the purpose of selling or using any device or instrument to be used, or calculated to falsify any weight or measure, shall

be guilty of a misdemeanor. The possession of such weight, measure,

scale, balance or beam shall be prima facie evidence that the same was

intended to be used in violation of law, except as provided for in

section 22 [7592] of this act. Sec. 7590. Duties of inspectors.—When not otherwise provided by

law the secretary of agriculture or his inspectors shall have the

power, and it shall be his or their duty to inspect, test, try and ascer- tain if they are correct, all weights, measures and weighing and

measuring devices, kept, offered, or exposed for sale, sold or used or employed by any proprietor, agent, lessee, or employee in proving or

ascertaining the size, quantity, extent, area, or measurement of quantities, things, produce or articles of distribution or consumption purchased or offered or submitted by such person or persons for sale,

hire or award ; and he shall have the power to, and shall, from time

to time, weigh or measure and insj^ect packages or amount of commodities of whatsoever kind kept for the purpose of sale, offered or exposed for sale, sold or in the process of delivery, in order to determine whether the same contain the amounts represented, and

whether they be offered for sale or sold in a manner in accordance
KEBBASKA 479

with law. He may for the purposes above mentioned and in general

performance of his official duties, enter and go into or upon, without

formal warrant, any stand, place, building, or premises, or stop any

vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon,

or any dealer whatsoever, and require him, if necessary, to proceed

to some place which the secretary of agriculture or his inspectors

may specify, for the purpose of making proper tests. Whenever the

secretary of agriculture or his inspectors finds a violation of the

statutes relating to weights and measures, he shall cause the violator

to be prosecuted. He shall at least once annually test all scales,

weights, and measures used in checking the receipts or disbursements

or supplies in every institution for the maintenance of which moneys

i^ve appropriated by the legislature.

Sec. 7591. Sealing weights and measures.—Whenever the secretary

of agriculture or his inspectors compares weights, measures, or weighing or measuring devices and finds that they correspond or

causes them to correspond with the standards in his possession, he

shall seal or mark such weights, measures or weighing or measuring

devices with the appropriate seals or marks.

Sec. 7592. Confiscation of false weights and measures.—The secre- tary of agriculture or his inspectors may confiscate and seize without warrant any incorrect weight, measure, weighing or measuring

device, or part thereof which does not conform to the State standards or specifications, and which in his or his inspector's best judgment is not susceptible to repair. He or his inspectors may also

confiscate and seize any device required to be licensed by the department of agriculture, upon which the license fee has not been paid

and said device does not bear the license tag of the current year. Any such inspector who shall make any such seizure shall not be liable to the owner of the property seized for damages caused by such

seizure. Any property so seized if not returned to the owner within

one year from date of seizure shall be destroyed. Such weights, measures, or weighing or measuring devices as are incorrect and yet

may be repaired they shall mark or tag as " Condemned for re- pairs." The owners or users of any weights, measures, or weighing

or measuring devices of which such disposition is made shall have

the same repaired or corrected within thirty days, and they may

neither use nor dispose of the same in any way, nor remove or deface

any such " Condemned for repairs " tag or other mark or tag affixed

by the secretary of agriculture or his inspectors until they shall have received from the deparfment of agriculture written permission

to do so. Any weights, measures, or weighing or measuring devices

which have been " condemned for repairs," and have not been re- paired as required above, or have been used or disposed of in any

way shall be confiscated by the department of agriculture. The

removal or defacing of such tag shall be prima facie evidence that

the same was removed or defaced by and with the consent of the owner or user of the scale.

Sec. 7593. Hindering or obstructing.—Except as in this act otherwise provided any person, firm or corporation preventing, attempting to prevent, obstructing, hindering, or in any way interfering

with the secretary of agriculture or his inspectors or agents in the

517—26 ^31
480 LAWS CONCEENING WEIGHTS AND MEASURES

performance of his or their official duties, or knowingly failing or neglecting to observe any reasonable rule or regulation of the said,

secretary of agriculture adopted for the enforcetoent of this act, shall be deemed guilty of a misdemeanor.

Sec. 7594. Police powers.—The secretary of agriculture or his in- spectors are hereby made special policemen, and are authorized and

empowered to arrest any violator of the statutes in relation to weights and measures, to enter complaint before any court of competent jurisdiction, and to seize for use as evidence, without formal

warrant, any false or unsealed weight, measure, or weighing or measuring device or package or amount of commodities found to be

used, retained, or offered or exposed for sale or sold in violation of

law.

Sec. 7595. Municipal inspection.—Any city or municipality in the

State may establish a department of public inspection of weights

and measures, and shall have the power to appoint a sealer and

deputies and fix their compensation, and to pass such ordinances,

not in conflict with the State laws, as may be deemed necessary ; and

if a city or municipality shall establish such a department, it shall provide the sealer with suitable quarters, a set of standards as hereinafter specified in this article, and all other equipment for the

proper performance of his duties. All city and municipal standards

shall be tried, proved and sealed under the direction of the department of agriculture and shall be returned to it for verification at

least once in every five years.

Sec. 7596. Municipal standards.—Sets of standards for municipal

sealers, if procured, shall include the following weights, measures, and balances, and they shall be of a type approved for such use by

the department of agriculture: One yard measure divided into feet and inches, and at least one of the inches divided into thirty-seconds

of an inch. Dry capacity measures : One half bushel, one peck, one

quart and one pint. Liquid capacity measures : One gallon, one

quart and one pint. Avoirdupois pound weights in the following

number and denomination : One fifty-pound, one twenty-pound, two

ten-pound, one five-pound, two two-pound, and one one-pound.

Avoirdupois ounce and fractional ounce weight in the following

number and denomination : One eight-ounce, one four-ounce, one

two-ounco, two one-ounce, one one-half ounce, one one-quarter ounce, one one-eighth ounce, and two one-sixteenth ounce. Twenty test weights each of fifty pounds for testing platform scales and other

large scales, if same are to be tested. One equal arm balance of

capacity of fifty pounds to one-sixteenth of an ounce.

Sec. 7597. Supervision of local sealer; regulations.—The secretary of

agriculture or his inspectors by his direction, shall at least once in

each two years, or oftener if he feels it is for the best interest of the

public, visit the various cities of the State in order to inspect the

work of the local sealers; and in the performance of such duties, he

or his inspectors by his direction may inspect the weights, measures,

balances, or any weight or measuring appliance of any person, firm

or corporation and shall have the same powers as the local sealer

of weights and measures. He shall require a semi-annual report of

the work done by the municipal sealer and shall issue from time to time, regulations for the guidance of all sealers, and the said regula-
NEBBASKA 481

tions shall govern the procedure to be followed by the aforesaid

officers in the discharge of their duties.

Sec. 7598. Immediate examinations.—Any inspector who may have

reason to believe that any weight, measure, balance, weighing or measuring device used in trade, is inaccurate or not according to the standard, shall have the authority to make an immediate examination of the same and require that the same be tried and tested

and conform to the standards herein required.

Sec. 7599. Compensation; fees; disposition.—The department of agriculture shall receive fees as follows: For inspecting and sealing;

platform scales, each scale over nineteen thousand pounds capacity,

five dollars; each scale over four thousand pounds capacity up to and including nineteen thousand pounds capacity, three dollars and

fifty cents; each scale over six hundred pounds capacity up to and including four thousand pounds capacity, two dollars; each

scale over one hundred pounds capacity up to and including six

hundred pounds capacity, seventy-five cents; each scale over five pounds capacity up to and including one hundred pounds capacity,

fifty cents; each scale of five pounds capacity or less, twenty-five

cents ; for hopper or grain shipping scales except automatic scales, each

scale of over ten thousand pounds capacity, ten dollars; each scale over five thousand pounds capacity up to and including ten thousand

pounds capacity, five dollars; each scale of five thousand pounds

capacity or less, three dollars and fifty cents ; and for each automatic

scale up to and including six hundred pounds capacity, three dollars

and fifty cents; and each automatic scale over six hundred pounds

capacity, five dollars; and shall be entitled to collect from the owner or custodian of such scales herein mentioned an amount sufficient to cover the cost of transporting all necessary test weights

to and from the location of said scales. For sealing or marking

each beam, ten cents; for sealing or marking measures of extension, ten cents per yard or fraction thereof, not exceeding fifty cents for any one measure. For sealing or marking liquid or dry measures, ten cents for each measure; for measuring pumps or auto- matic tanks of one gallon or less, twenty-five cents; for measuring

pumps or automatic tanks of over one gallon, fifty cents; and for

linear measuring devices, fifty cents; for sealing or marking each

weight, five cents; for the inspection of any weighing of measuring

device not listed in this section, the secretary of agriculture shall have the authority and power to fix a fee. He shall have a rea- sonable compensation for making weights and measures conform

to the standard in his possession. The secretary of agriculture

shall not require any fee from any county or city and all fees collected by the secretary of agriculture or such part as is necessary

shall be used in the proper enforcement of this act, the balance

to be paid to the State treasurer and credited to the general fund.

The inspection and sealing fees herein provided for shall be and

constitute a lien on the weights, scales, measures, weighing or measuring devices inspected until said fees are paid and the secre- tary of agriculture may sue therefor in the name of the State.

Sec. 7600. Public scales.—Scales may be erected in the State of Nebraska for public use at public expense. In counties under township

organization, a township may at the annual meeting provide for the
482 LAWS CONCERNING WEIGHTS AND MEASURES

erection and determine the location and number of scales for the

township and levy a tax to pay for the same.

Sec. 7601. Weighmaster.—When such scales are provided for, the

township board shall appoint a weighmaster, upon petition of the

electors living in the immediate vicinity of the scales so located who

shall, under oath, promise to perform the duties of his office faithfiilly and honestly and the weighmaster so appointed shall continue

in office until removed by the township board or by resignation.

Sec. 7602. Scales; testing.—The township board shall from time to time, as in their judgment seems necessary, test the scales as to their

accuracy and properly adjust same.

Sec. 7603. Disputes.—Whenever disputes arise between two parties,

within the limit of the township where such scales are located, over

the first weighing of any articles, the same shall be weighed a second

time on the public scales, and the weighmaster's receipt therefor

shall be final. Sec. 7604. Fees for weighing.—The township board shall fix and

regulate the fee or salary of the weighmaster and the fees, if any,

for weighing.

Sec. 7605. Petitions for scales.—Townships in counties under the

commission organization, desiring to adopt the provisions of the five next preceding sections, shall petition to the county board of such

county, and where a majority of the electors so petition, the same

shall be granted. All duties and powers imposed upon township

officers by said sections where counties are under township organization shall be performed by the county board of counties under commission organization.

Sec. 7606. Size of brick.—The standard size of brick sold in the

State of Nebraska shall be eight and one-fourth inches long, four

inches wide, and two and one-half inches thick.

Sec. 7607. Brick; selling.—No person shall sell any brick of any

size other than that specified in the next preceding section, without,

at the time of the sale, notifying the purchaser, in writing of the size of such brick.

Sec. 7608. Coal, coke, and charcoal; rules for sale of.—It shall be un- lawful to sell or offer to sell in this State any coal, charcoal, or coke

in any other manner than by weight. No person, firm or corporation

shall deliver any coal, charcoal or coke, without each such delivery

being accompanied by a delivery ticket and duplicate thereof, on

each of which shall be in ink or other indelible substance, distinctly

expressed in pounds, the gross weight of the load, the tare of the

delivering vehicle, and the net amount in weight of coal, charcoal

or coke contained in the cart, wagon or other vehicle used in such

deliveries, with the name of the purchaser thereof and the name of

the dealer from whom purchased. One of these tickets shall be

surrendered by the person in charge of the load to the inspector

upon demand, for his inspection, and a ticket or weight slip issued

by the inspector when the inspector desires to retain the original,

shall be delivered to said purchaser of said coal, charcoal or coke, or his agent or representative at the time of the delivery of the fuel

;

and the other ticket shall be retained by the seller of the fuel. When

the buyer carries away the purchase, a delivery ticket, showing the

actual number of pounds delivered must be given to the purchaser
NEBBASKA 483

at the time delivery is made. The secretary of agriculture or any

of his inspectors or assistants are hereby empowered to compel the

party or parties having charge of such coal, charcoal or coke to bring same on demand to a scale designated by the said secretary of

agriculture or his assistant or inspector and weighed for the purpose of proving the true net weight of the article or commodity.

Sec. 7609. Automatic pay scales; license for.—It shall be unlawful

for any person, firm or corporation by himself, or as the officer,

servant, agent, or employee of any person, firm or corporation to operate or use or display for use any scale or scales, Imown as money

in the slot or automatic scale or scales or any weighing device, apparatus or machine, which is usd or intended for use to determine

the weight of any person or persons, where compensation is derived, or any public or custom scale for which a fee is charged or accepted

for weighing, unless said scale or device is licensed by the department of agriculture. Upon payment of the license fee of three

dollars, the department of agriculture shall issue a metal license tag,

tags to be numbei'ed consecutively and bear the year for which the

license is valid. The tag shall be displayed prominently on the

front of the weighing device and the defacing or wrongful removal

of such tag shall be deemed a misdemeanor. Absence of the license

tag shall be prima facie evidence that the weighing device is being

operated contrary to law. No license shall be issued until the annual

fee of three dollars is paid to the department of agriculture for

each scale or weighing device operated or used. Any person desiring

to secure said license shall make application therefor upon blank to be furnished by the department of agriculture. The department of

agriculture may withhold or revoke any license for cause. All

licenses issued under this act shall expire December thirty-first of

each year.

Sec. 7610. Violation; penalty.—Any person, firm or corporation violating any of the provisions of this act, shall be punished by a fine of not less than ten dollars nor more than one hundred dollars or by imprisonment in the county jail for not more than thirty days:

Provided, however. That upon the second conviction for the violation

of any of the provisions of this act such offender shall be punished

by a fine of not less than fifty dollars nor more than one hundred

dollars, or by imprisonment in the county jail not less than thirty

days nor more than ninety days.

Sec. 7611. One clause held invalid, not invalidate another.—If any

clause, sentence, paragraph or part of this act shall for any reason be adjudged by any court of competent jurisdiction to be invalid,

such judgment shall not affect, impair, or invalidate the remainder

thereof, but shall be confined in its operation to the clause, sentence,

paragraph, or part thereof directly involved in the controversy in

which such judgment shall have been rendered.

Sec. 7622a (1919). Marks and trands; contents specified; cotton duck

or canvas.—Any person or corporation who shall manufacture for

sale, or who may offer or expose for sale any cotton duck or canvas, made in whole or in part of cotton duck or canvas, shall distinctly

and durably stamp, brand, or mark thereon the true and correct weight of such cotton duck or canvas, by ounces per yard, also the

true grade (single filling, double filling, army, roll or wide duck),
484 LAWS CONCERNING WEIGHTS AND MEASURES

together with a description by name of any filler or other preparation placed in or on said cotton duck or canvas since is [its] manufacture.

Sec. 7622b. Unlawful to sell unmarked goods.—It shall be unlawful

for any person or corporation either individually or in any representative capacity to carry for sale, sell or endeavor to sell any cotton duck or canvas as herein defined, or any article other than clothing

and wearing apparel, composed of, made in whole or in part of any

cotton duck or canvas without having marked thereon the true and

correct weight of said canvas or cotton duck by ounces per yard, also the true grade (single filling, double filling, army, roll or wide

duck), together with a description by name of any filler or other

preparation placed in or on said cotton duck or canvas since its manufacture, or to misstate, misrepresent or conceal the true weight of

said canvas or cotton duck by ounce per yard, or to misstate, misrepresent, or conceal the true grade (single filling, double filling,

army, roll or wide duck) , or to misstate, misrepresent, or conceal the

existence of any filler or other preparation placed in or on said cot- ton duck or canvas since its manufacture.

Sec. 7622c. Unlawful to conceal size and dimensions of goods.—It shall be unlawful for any person or corporation either individually or in

representative capacity, selling, carrying for sale, or endeavoring to

sell any awnings, paulins, wagon covers, tents, grain and hay covers,

stable or tent tops, to misstate or misrepresent, or conceal the true and correct size and dimensions thereof.

Sec. 7622d. Unlawful to deface marks.—It shall be unlawful for any

person to deface, mutilate, obscure, conceal, efface, cancel or remove

any mark provided for hj this act, cause or permit the same to be

done with intent to mislead, deceive, or to violate any of the provisions of this act. Sec. 7622e. Cotton duck or canvas defined.—For the purpose of this act cotton duck or canvas shall be deemed to include all cotton duck

or canvas, whether single filling, double filling, army, roll or wide

duck.

Sec. 7622f. Yard and ounce defined.—For the purpose of this act, the

equivalent of thirty-six inches in length by twenty-nine inches in

width, or seven and one-fourth square feet of cotton duck or canvas

shall constitute a yard, and an ounce shall be one-sixteenth part of a pound avoirdupois.

Sec. 7622g. Violation; penalty.—Any person, company, or corporation violating any of the provisions of this act shall be deemed guilty

of a misdemeanor and on conviction thereof shall for the first offense

be punished by fine of not less than twenty-five dollars nor more

than fifty dollars and for each subsequent offense by a fine not less than fifty dollars nor more than one hundred dollars. Comp. Stats., 1922, Part 2, ch. 40, Art. 1, p. 1165.

Sec. 3489 (al921). Additional powers; weights, measures, and inspection; bread.—^In addition to the powers herein granted, cities' governed by this act shall have power by ordinance ; * * * VII. To regulate the weighing and measuring of hay, wood, and

other articles exposed for sale, and of all coal sold or delivered

' Applicable to cities heretofore incorporated as cities of the metropolitan class (Omaha) and aU cities which shaU attain a population of 100,000 inhabitants.
NEBEASKA 485

within the city, and to provide for, license, and regulate the inspection and sale of meats, flour, poultry, fish, milk, vegetables and all other provisions or articles of food exposed or offered for sale in

the city, and to prescribe the weight and quality of bread exposed

or offered for sale in the loaf. Also to provide for the inspection

of weights and measures or weighing apparatus.

Comp. Stats., 1922, Part 2, ch. 42, Art. 2, p. 1271.

Sec. 3799 (1901). Ordinances and powers.—In addition to the powers

herein granted, cities ^ governed under the provisions of this chapter

shall have power by ordinance

Sec. 3811. Regulate weighing and measuring.—To establish standard

weights and measures, and regulate the weights and measures to be

used in the city, and to regulate the measuring of every commodity

sold in the city, in all cases not otherwise provided by law, and to prohibit the use of imperfect weights, measures and weighing apparatus.

Sec. 3812. Inspect and regulate sale of fuel, grain, and hay.—To provide for the inspection and weighing of hay and grain and coal,

the measuring of wood and fuel to be used in the city, and to determine the place or places of the same, and to regulate and prescribe the place or places of exposing for sale hay, coal and wood;

to fix the fees and duties of persons authorized to perform such

duties.

Comp. Stats., 1922, Part 2, ch. 44, Art. 2, p. 1331.

Sec. 3986 (1901). Powers.—In addition to the powers herein

granted, cities * governed imder the provisions of this chapter shall have power by ordinance

Sec. 4007. Weights and measures.—To establish standard weights

and measures and to regulate weights, meters and measures to be

used in the city, and to regulate the weighing and measuring of

every commodity sold in the city, including water, gas and electric

light, in all cases not otherwise provided by law; and to prohibit

and punish the use of imperfect weights, measures, weighing apparatus and Ineters.

Sec. 4008. Meter, fuel and feed inspection.—To provide for the in- spection of electric light, water and gas meters, and the inspection

and weighing of hay, grain and coal and the measuring of wood and

fuel to be used in the city, and to determine the place or places of

the same, and to regidate and prescribe the place or places of exposing for sale of hay, coal and wood and to provide for the appointment of an inspector, and to fix the fees and duties of the inspector

and of other persons authorized to perform such duties.

Comp. Stats., 1922, Part 2, ch. 45, p. 1389.

Sec. 4162 (al885). Classification, population required.—All cities,

towns and villages containing more than one thousand and less than

five thousand inhabitants shall be cities of the second class and be

governed by the provisions of this article, unless they adopt a

village government as hereinafter provided.

'Applicable to cities having a population of more than 40,000 and less than 100,000

inhabitants. 'Applicable to cities having less than 25,000 and more than 5,000 inhabitants.
486 LAWS CONCERNING WEIGHTS AND MEASURES

Sec. 4278 (al887). Powers granted to exercise by ordinance.—In addition to the powers hereinbefore granted cities and villages under

the provisions of this chapter each city and village may enact ordi- nances for the following purposes:

Sec. 4302 (1887). Established weights and measures.—To establish

standard weights and measures and regulate the weights and measures to be used in the city or village, and to regulate the weighing

and measuring of every commodity sold in the city or village in

all cases not otherwise provided by law.

Sec. 4303. Inspection and weighing of merchandise.—To provide for

the inspection and weighing of hay, grain and coal, the measuring

of wood and fuel to be used in the city or village, and to determine

the place or places of the same, and to regulate and prescribe the

place or places of exposing for sale hay, coal and wood; to fix the

fees and duties of persons authorized to perform the duties named

in this subdivision.

Comp. Stats., 1922, Part 3, Title 3, Art. 5, p. 2297.

Sec. 7429 (al921). Misbranding of food defined; net weight, measure

or count ; in case of liquids ; slack filled packages.—The term " misbranded," as used herein, shall apply to aU drugs, or articles of

food, or articles which enter into the composition of food, the

package or label of which shall bear any statement, design or device

regarding such article or the ingredients or substances contained

therein which shall be false or misleading in any particular, and

to any food or drug product, which is falsely branded as to the

State, Territory, place or country in which it is manufactured

or produced.

An article shall also be deemed to be misbranded * * * (h) In the case of food: * *

*

3. If in package form, if each package, does not have a correct statement, clearly printed on the outside of the package, of the contents and the quantity of the contents in terms of weight, measure, or numerical count; and in case of wheat flour the name of

the manufacturer and the place where manufactured : Provided,

however, That the provisions of this paragraph shall not apply to packages put up by the retailer at the time of sale.

4. If the true quantity in container (in case of liquids other than

medicines) is not correctly stated thereon.

4: ^ « 4: 4: 4: 4:

7. If in package form and irrespective of whether or not the

quantity of the contents be plainly and legibly stated on the outside

of the package in terms of weight, measure or numerical count, if package be not filled with the food it purports to contain.

Comp. Stats., 1922, Part 2, ch. 12, Art. 3, p. 266.

Sec. 484 (al909). Label placed on binder twine.—A stamp or label shall be placed on every ball of binder twine sold, exposed or offered

for sale in this State, giving the name of the manufacturer or importer, the number of feet to the pound in such ball, the material

from which it is made, the tensile strength, and the per cent of oil it contains and the date of manufacture.
NEBEASKA 487

Sec. 485 (1901). Penalty for failure to label.—Every manufacturer,

importer or dealer, who fails to comply with the provisions of the

next preceding section, shall upon conviction, be liable to a fine of

twenty-five cents for each and every such ball sold, offered or ex- posed for sale : Provided, however, The deficiency in length shall not

exceed five per cent of the amount as stated on the label or stamp,

as herein provided.

Comp. Stats., 1922, Part 3, Title 3, Art. 13, p. 2320.

Sec. 7513 (al919). Paint, weight or measure to be shown on label.—

The label required by this article shall be printed in the English

language, in clear, legible type, and shall clearly and distinctly state the name and residence of the manufacturer of the paint, or the dis- tributer thereof, or of the party for whom the same is manufactured,

* * *. In case of paint, * * * the label thereof shall state

* * * the quantity contained in the package, which, in the case of liquid or mixed paints, shall be designated in standard gallons or

fractions thereof, and in the case of paste or semipaste paints, such

as are commonly sold by weight, the avoirdupois weight.

Sec. 7515a (1919). Possession of mislabeled paint or oil.—Possession

by any person dealing in said articles, of any article or substances

hereinbefore described not properly labeled, as provided in this

article, shall constitute prima facie evidence that the same is kept by

such person, in violation of the provisions of this article.

Sec. 7515b. Violation; penalty.—Any person violating any of the

provisions of this article, shall be fined in any sum not exceeding one hundred dollars or imprisoned in the county jail not exceeding three

months.

Comp. Stats., 1922, Part 5, ch. 11, Art. 4, p. 3036.

See. 9905 (al893). Fraud in weighing commodities.—Any person or persons who shall knowingly and wilfully sell, or direct, or permit

any person or persons in his or their employ to sell any commodity

or article of merchandise, and make or give any false or short weight

or measure, or any person or persons owning or keeping or having

charge of any scales or steelyards for the purpose of weighing live- stock, hay, grain, coal or other articles, who shall knowingly and

wilfully report any false of [or] untrue weight, whereby any other

person or persons may be defrauded or injured, shall be fined in any

sum not exceeding fifty dollars, or be imprisoned in the jail of the

county not exceeding thirty days, and also be answerable to the

party defrauded or injured in double damages.

Sec. 9906 (1893). Articles put up in casks, cases, etc., to be weighed

and marked.—Any person, agent, or clerk who shall put up, or shall

order or procure any other person to put up or pack sugar, rice,

tobacco, soap, starch, candles, cheese or any goods or articles sold by

weight, packed in kegs, barrels, tierces, casks, boxes, hogsheads, or any case whatever, shall in every instance first weigh the entire

box or cask or whatever it may be, and plainly cut or mark upon

the head or most convenient part thereof, the exact number and

fractions of pounds it weighs, and when packed or filled shall again

ascertain the whole weight, and place the same immediately above

the cut or marked tare weights, and subtract the one from the
488 LAWS CONCERNING WEIGHTS AND MEASURES

other, showing the net weight of the contents, which calculation

shall not be obliterated while the bulk remains unbroken; and said

articles, until the bulk is broken, shall be sold by the net weight:

Provided^ however, Nothing in this section shall be so construed as

to release any person from the liability of allowing the actual tare

at the time of sale on all kegs, barrels, tierces, casks, boxes, hogsheads or cases containing articles which by their nature are liable to change their original tare.

Sec. 9907. Change of marks on lids, etc.—Any brand, mark or stamp,

put upon any keg, barrel, box, cask, hogshead or case by the manlifacturer, indicating the articles, its quality, quantity or the manufacturer's name or either of them, shall be considered the manufacturer's certified brand, stamp or mark, and shall be put thereon in

such manner as to be identified by the manufacturer or his authorized agent, which shall be subject to no erasure or obliteration;

neither shall such box lids, keg, barrel, hogshead, tierce or cask

heads, be transferred from one to the other, for the purpose of taking advantage of said brands, stamps or marks, to sell an inferior

article, or repacking take place, putting an inferior article into a superior branded keg, barrel, cask, hogshead, box or case, to accomplish the same design; or to mark or remark anything containing

pound bulk, so as to hide from view the original manufacturer's

mark, stamp or brand.

Sec. 9908. Penalty for violation of last two sections. —Wlioever,

directly or indirectly, transgresses any of the provisions eniimerated

in the last two preceding sections shall, in all cases, pay to the

party aggrieved double the value of the difference between the

actual quantity contained in such keg, barrel, cask, tierce, box or hogshead or in whatever the same may be contained, and the net quantity or weight for which the same may have been sold; and

for the first offense be subject to a fine not less than twenty nor more than sixt}^ dollars, or imprisonment in the county jail not less than thirty da^'s nor more than sixty days; and for the second and

every subsequent offense shall be subject to a fine not less than fifty

dollars nor more than two hundred dollars, or imprisonment in the

county jail not less than thirty nor more than ninety days.

Comp. Stats., 1922, Part 3, Title 3, Art. 15, p. 2326.

Sec. 7532 (1919). Feeding stuff, net weight to be marked.—Every lot, barrel, bag, pail, parcel or package of concentrated commercial feeding stuff, as defined in section 7531 shall have affixed thereto a tag

or label in a conspicuous place on the outside thereof, containing a

legible and plainly printed statement in the English language, in

type as large as ten point, clearly and truly certifying

:

1. The net weight of the package. * * *

3. The name and address of the manufacturer, importer, dealer or agent. * * * Comp. Stats., 1922, Part 3, Title 3, Art. 16, p. 2328.

Sec. 7540 (1919). Live stock remedy, net weight to be marked.—Every

barrel, bag, pail, parcel or package of live stock remedy as defined

in section 1 [section 7539] of this article shall have affixed thereto in a conspicuous place on the outside thereof, distinctly printed in the
NEBRASKA 489

English language in legible type, not smaller than eight-point

heavy Gothic caps, or plainly written, a statement certifying

1. The net weight or measure in the package. * *

*

3. The name and address of the manufacturer, importer, dealer or agent. * *

* Comp. Stats., 1922, Part 3, Title 3, Art. 19, p. 2349.

Sec. 7623 (1919). Fertilizer, net weight to be marked.—That any

person, firm or corporation, their agent or employe who shall

offer, sell or expose for sale by sample or otherwise in the State of

Nebraska any commercial fertilizer or fertilizer material, the sell- ing price of which is more than three dollars per ton, shall attach

to each bag or package in a conspicous place on the outside thereof

or furnish to the purchasers of goods sold in bulk a plainly printed

certificate giving the items as listed below and in the following order

1. Number of pounds net in the package sold.

2. Brand name or trade-mark under which the package is sold. * * * Comp. Stats., 1922, Part 2, ch. 35, Art. 2, p. 1134.

Sec. 3408 (1873). Same; measures and toll dishes.—He [the owner

or occupier of public mill] shall keep in his mill an accurate halfbushel measure and an accurate set of toll dishes.

Comp. Stats., 1922, Part 3, Title 7, Art. 6, p. 2601.

Sec. 8440 (1919). Standard measurements of water; miner's inch.

The standard of measurement for flowing water, both for determining the flow of water in natural streams and for the purpose of

distributing it therefrom when appropriations shall have been made

for direct flow shall be one cubic foot per second of time. The

standard of measurement of the volume of water shall be one acre

foot, equivalent to forty-three thousand five hundred sixty cubic

feet, and when water is stored in any natural or artificial reservoir,

this standard shall be used for determining the capacity of storage

reservoirs, the amount stored and the amount used therefrom. One

" miner's inch " shall be one-fiftieth of one cubic foot per second.

Sec. 8445. Headgates in measuring devices; failure to construct.

Persons owning or controlling any ditch, canal or reservoir for the

purpose of storing or using water for any purpose shall, upon thirty

days' notice by the department, constriict and maintain at the point

of diversion a substantial headgate, of a design approved by the department so built that it may be closed, or partially closed and

fastened at any stage with lock or seal. They shall also construct a device for measuring and apportioning the water appropriated,

which device shall be of a design approved by the department and

built at the most practical point to be selected and fixed by it. If

they shall neglect or refuse, for a period of ten days, to construct such headgate and measuring device the department shall refuse

to allow any water to be delivered to or used by or through any such

ditch, canal or reservoir or any other contrivance or device for appropriating, using or storing water, and the department may construct bars or dams or other obstructions to prevent such delivery

or use.
490 LAWS CONCERNING WEIGHTS AND MEASURES

Sec. 8450 (al921). Measuring devices, how constructed.—Under the

direction of the department of public works, managers or operators

of interstate ditches shall construct and maintain a suitable measuring device at or near the State line in Nebraska. Thirty days after

receipt of notice from the department of public works shall be the

time allowed for the construction and completion of said measuring

device, and daily gage height reports of water passing through said

measuring device shall be furnished to the department from the beginning to the end of the irrigation season, in such form and manner

as shall be recommended by the department. Failure of any person

or persons operating or in control of said canals to comply with the

provisions of this section shall be deemed a misdemeanor, and such

person or persons, upon conviction thereof, shall each be fined in the sum of not less than twenty-five dollars nor more than one hundred

dollars. Comp. Stats., 1922, Part 2, ch. 2, Art. 5, p. 146.

Sec. 146 (1911). Furnish scales and yards.—Every stockyard shall

furnish scale facilities sufficient to weigh all livestock without unreasonable delay. It shall furnish yardage to handle all livestock

in yards and no charge shall be made for yardage where yards are not furnished.

Comp. Stats., 1922, Part 2, ch. 59, Art. 5, p. 1691.

Sec. 5371 (1921). Mixed shipments defined.—"Mixed shipments" of

livestock as used in this act include car lots, containing two or more

of the following classes of livestock : Cattle, sheep, hogs and goats.

Sec. 5372. Carload, minimum weights.—-Seventeen thousand pounds

shall be the minimum weight for a carload of such mixed stock

shipped in a single-deck standard car of approximately thirty-six

feet in length. Such minimum weight shall be more or less than

seventeen thousand pounds in proportion as such car is more or

less than thirty-six feet long. In a mixed shipment of livestock,

the rate of the species having the highest rate may be the rate of

such shipment.

Sec. 5373. Violation; penalty.—Any railroad comapny failing to comply with the provisions of this act shall be subject to a penalty

of not less than twenty dollars, nor more than one hundred dollars,

for each and every violation of this act; said penalty may be re- covered for the use of the county in a civil action in the name of the

State by the county attorney of any county through which such

railroad may pass. Comp. Stats., 1922, Part 2, ch. 59, Art. 5, p. 1691.

Sec. 5346 (1911). Weighing cars, freight.—The Nebraska State rail- way commission shall have power, and it shall be its duty to enforce

leasonable regulations for the weighing of cars and of freight offered

for shipment or transported within this State.

Sec. 5347. Track scales.—All track scales used by common carriers

for the purpose of weighing freight shipped in carload lots within

this State shall be under the control and direction and jurisdiction of

the commission and subject to inspection by it or under its direction.

Sec. 5348. Same, inefficient.—^The commission shall have power

either on its own motion or on complaint being made to determine
NEBEASKA 491

whether any such track scale is defective or inefficient, or whether

the time, manner or method of using same is unreasonable, ineffective or unjust, and shall have power to condemn any such scale found to be defective or inefficient and prohibit the use of the same while in

that condition, and to render such decision and to make such order,

rule or regulation as may be deemed necessary or advisable.

Sec. 5349. Violation of act; penalty.—Any officer, agent or representative of any railway company or common carrier, who shall violate any of the provisions of the five next preceding sections, or who

shall fail or refuse to obey and carry out any decision, order, rule or

regulation of the Nebraska State Railway Commission, duly entered

in conformity with the provisions of the five next preceding sections, shall be guilty of a misdemeanor and upon conviction shall be fined tor each offense a sum of not less than one hundred dollars nor more

than five hundred dollars, or by imprisonment in the county jail

not less than ten days nor more than thirty days, or both.

Sec. 5350 (1907). Track scales.—Every person, firm or corporation

engaged in operating any railroad within the State of Nebraska,

over which coal and other commodities in carload lots shall be trans- ported for hire, shall equip the line of its track and thereafter maintain thereon in good order track scales of sufficient capacity to weigh

full carloads of any and all kinds of merchandise, coal, grain or other property that may be transported over the said railroad, and

to weigh the same at the request of any owner, consignor or consignee of such property and furnish written certificates of such

weights to such owner, consignor and consignee as hereinafter proAbided.

Sec. 5351. Same, where installed.—Such track scales shall be so installed and maintained at all division stations along the line of

such railroads within the State of Nebraska, and at such other sta- tions as the State railway commission shall from time to time direct.

Sec. 5352. Weighing certificates.—The owner, consignor or consignee

of any carload lots of grain, coal, merchandise or other property in course of transportation over any railway within the State, trans- porting the same for hire, may request in writing any agent of the

operators of such railway to weigh any such carloads of grain, coal,

merchandise or other property in course of transportation and, upon

such request being received, it shall become the duty of the operators

of such railroad to weigh the car or cars designated in such written

request, together with their contents, upon such track scale as may

be designated in such written request, over which such car or cars in

the regular course of transit will thereafter pass, and deliver to the

person making such request a written certificate showing the name

and number of the car so weighed, the date of the taking of such

weight and the place where weighed, with the niunber of pounds of

gross and net weights, after deducting the tare marked on the car from such gross weight. The certificate so executed and delivered

shall be admissible evidence against such railway company in any

legal proceeding thereafter instituted or then pending against any

such carrier weighing and transporting the property contained in

such car or cars of all the facts stated in such certificate.

Sec. 5353. Same, where no scales.—Wherever any carload lot of merchandise, coal, grain or other property shall be delivered for trans-
492 LAWS CONCERNING WEIGHTS AND MEASURES

portation for hire to any carrier by railroad within this State con- signed to any person at a station on the line of the railroad of such

carrier, or upon any other railroad within this State, where no

track scale is located and maintained, and such car in the course

of transit will not pass a track scale on the line of such connecting

carrier, it shaU immediately become the duty of such initial carrier

10 cause the same to be weighed in the manner required by the next

preceding section on the track scale located nearest the station to which such car is consigned, and to stainp upon the way bill for

such car, all of the matters required to be set out in the certificate provided for in the next preceding section; but where coal, gi'ain,

merchandise or other property in carload lots is consigned to

stations where track scales ai'e located and the consignee requests

the same weighed, such weights shall be taken, both gross and tare,

with the car uncoupled, on such track scales at the point of destination.

Sec. 5354. Violation of act.—Any railroad company operating in

this State violating any of the provisions of the four next preceding

sections, by neglecting or refusing to furnish weights as herein provided, shall, upon conviction thereof, be fined in the sum of one hundred dollars for each and every such violation to be recovered

by the State in an action in its name upon complaint of any owner,

consignor or consignee of the property which such carrier may

refuse to weigh made before any court of competent jurisdiction.

Comp. Stats., 1922, Part 3, Title 3, Art. 6, p. 2302.

Sec. 7450 (1919). Frai*d in testing milk or cream.—No person receiving milk or cream by weight or test or by weight and test, shall fraudulently manipulate the weights of milk or cream or take unfair

samples thereof, or fraudulently manipulate such samples in any

way. No person buying and paying for milk or cream on the basis

of the amount of fat contained therein shall under-read, over-read or otherwise fraudulently manipulate the Babcock test used for determining the percentage of fat in milk or cream or to falsify the

record thereof or to read the test at any temperature except between

135 degrees and 140 degrees Fahrenheit, or to pay on the basis of

any measurement or weight except the true measurement or weight,

which is seventeen and six-tenths cubic centimeters for milk and

nine grams for cream. In all tests made under the provisions of

this section the cream shall be weighed into the test bottle.

Sec. 7451 (al921). Standard glassware for testing milk and cream.

Every person buying or paying for milk or cream on a basis of the

amount of butter fat contained therein as determined by the Babcock

test, shall 'use standard Babcock test bottles, pipettes and weights,

and accurate scales. All test bottles, pipettes and weights shall be

inspected by the department of dairy husbandry of the University of

Nebraska, and if foimd accurate shall be legibly marked by said

department with the letters " S. G. N." (Standard Glassware

Nebraska). The fee for such standardization shall be three cents for

each piece of glassware and each weight so tested and marked, and

said fee shall be paid to the department of dairy husbandry. No

bottle, pipette, or weight shall be used for such test unless so examined and marked by said department of dairy husbandry of the State

university. It shall be unlawful for any person to use or have in
NEBEASKA. 493

their [his] place of business any other than standard test bottles,

pipettes, and weights which have been examined and marked as provided in this section.

Sec. 7452. Standards for scales and test bottles for milk and cream.

For the purpose of this article the scales used in the performance of the Babcock test for the purchase of milk or cream on a

butter fat basis shall be of the one bottle type and sensitive to at

least twenty-five milligrams at full lead [load]. The standard

milk test bottle shall have a total per cent graduation of eight

or ten. The graduated portion of the neck of the eight per cent

bottle shall have a length of not less than two and one-half inches

and the graduated portion of the neck of the ten per cent bottle

shall have a length of not less than three inches and each shall be graduated to tenths per cent. The error at any point of the

scale shall not exceed one-tenth per cent; total height of bottle

shall be between five and seven-eighths and six and one-half inches.

The standard cream test bottle shall be a fifty per cent, nine gram

bottle, the total per cent graduation shall be fifty. The graduated

portion of the neck shall have a length of not less than three inches

and shall be graduated to five-tenths per cent. The error at any

point of the scale shall not exceed five-tenths per cent. Total height

of the bottle shall be between five and seven-eighths and six and

one-half inches.

The standard Babcock milk pipette shall be graduated to deliver seventeen and six-tenths cubic centimeters of water at 20 degrees C.

in five to eight seconds, the standard weight shall be nine grams.

Sec. 7453. Violation; penalty.—Any person violating any of the

provisions of this article shall be deemed guilty of a misdemeanor,

and upon conviction thereof, shall be fined in a sum not less than ten

dollars, nor more than one hundred dollars, or be imprisoned in the

county jail not exceeding three months.
NEVADA

Rev. Laws, 1912, Vol. 1, p. 1381.

Sec. 4782 (1911). Government standards of weights, measures, etc., adopted.—The standard weights and measures as have been adopted

by the Government of the United States of America, and such

weights, measures, balances and measuring devices as heretofore

have been, or hereafter may be, furnished this State by the United

States, as standard weights, measures, balances and measuring devices, shall be the legal standard of weights and measures throughout the State of Nevada. This section shall not prevent the use of

the weights and measures of the metric system, authorized by Congress of the United States, as it appears in the Revised Statutes of

the United States.

Sec. 4793. Defining yard and fractions.—The unit of standard measure of length and surface, from which all other measures of extension, whether lineal, superficial or solid, shall be derived and

ascertained, is the standard yard, adopted by the Government of the

United States. The yard shall be divided into three equal parts,

called feet, and each foot into twelve equal parts, called inches. For

the measure of cloth and other commodities commonly sold by the

yard, it may be divided into halves, quarters, eighths and sixteenths.

Sec. 4784. Defining rod, perch, and mile.—The rod, pole, or perch

shall contain five and a half standard yards, and the mile, one thousand seven hundred and sixty such yards. The chain for measuring land shall be twenty-two standard yards long, and be divided

into one hundred equal parts, called links.

Sec. 4795. Acre and square mile defined.—The acre for land measure

shall be measured horizontally, and contain ten square chains, and

be equivalent in area to a rectangle sixteen rods in length and ten rods in breadth. Six hundred and forty acres shall be contained in a square mile.

Sec. 4796. Perch.—The perch of mason work or stone shall consist

of twenty-five cubic feet. Sec. 4797. Units of weight.—The units of standards of weights

from which all other weights shall be derived and ascertained shall

be the standard avoirdupois and troy weights adopted by the Government of the United States.

Sec. 4798. Pound; ton; ounce.—The avoirdupois pound which bears

to the troy pound the ratio of seven thousand to five thousand seven hundred and sixty, shall be divided into sixteen equal parts called ounces. The hundi-edweight, except of pig iron and iron ore, shall consist of one hundred avoirdupois pounds, and twenty hundredweight shall constitute a ton. The troy ounce shall be equal to the

twelfth part of a troy pound. Whenever hereafter in this act the

word pound is used it shall mean the avoirdupois poimd unless otherwise distinctly specified.

4M
NEVADA 495

Sec. 4799. Gallon; quart; pint; gill.—The unit of standard measure

of capacity for liquids from which all other measures of liquid shall

be derived and ascertained shall be the standard gallon, adopted

by the Government of the United States. The half-gallon, quart,

pint, half-pint and gill measures for measuring liquids shall be derived from the gallon by dividing it and each successive measure by two.

Sec. 4800. Barrel; hogshead.—^The barrel shall contain thirty-one

and one-half gallons and two barrels shall constitute a hogshead.

Sec. 4801. Bushel, etc.—The unit of standard measure of capacity

for commodities other than liquids, from which all other measures

of such commodities shall be derived and ascertained, shall be the

standard bushel measure adopted by the Government of the United

States. The half-bushel, peck, half-peck, quarter-peck, quart, and

pint measures for measuring commodities other than liquids shall be

derived from the bushel by dividing it and each successive measure by two.

Sec. 4802. Barrel and bushel of certain commodities.—Whenever any

of the following articles shall be contracted for, or sold, or delivered, and no special contract or agreement shall be made to the

contrary, such sale and computations for payment or settlement

thereof shall be by weight. The net weight per barrel or bushel, or divisible merchantable quantities of a barrel or bushel, shall be

as follows:'-

Wheat flour— Pounds Corn meal— Pounds Per barrel 196 Per bushel sack 48 Per half-barrel 98 Per half-bushel sack 24 Per quarter-barrel sack 49 Per quarter-bushel sack 12 Per one-eighth-barrel sack 24 Per one-sixteenth-barrel sack_ 12 And the following commodities per bushel:

Pounds Wheat 60 Rye 56 Indian corn on the ear 70

Kaffir corn 56

Rice corn 56

Corn, shelled 56 Sorghum seed 50 Buckwheat 50

Barley 48 Malt 32 Bran 20 Beans 60

Clover seed 60 Hungarian and millet seed 50

Potatoes 60 Sweet potatoes 50 Turnips 56

Flaxseed 56

Pounds Onions 57

Salt 80

Castor beans 46 Hemp seed 48 Native blue-grass seed 14

English blue-grass seed 22 Timothy seed 45 Dried peaches 33 Dried apples 24 Green apples 48

Parsnips 50

Carrots 50

Beets 56 Tomatoes 56 Peaches 48

Shelled dried peas 60

Alfalfa seed 60

Oats 32

Sec. 4803. Standard bread loaf.—A standard loaf of bread sold or

offered for sale in this State shall weigh one pound and a standard

loaf of bread need not be labeled with a statement of its weight.

Whenever a loaf of bread sold or offered for sale weighs more or less than a pound, it shall be labeled in plain, intelligible English words

1 For convenience in printing a slight change has been made in arrangement of articles. 517—26 32
496 LAWS CONCERNING WEIGHTS AND MEASUBES

and figures with its correct weight, together with the name of its manufacturer.

Sec, 4804. Butter.—Butter in a standard package or container, sold or offered for sale in this State, shall weigh one pound and a standard

package or container of butter need have no statement of the net weight of its contents thereon. Whenever butter is sold or offered

for sale in a package or container, the net weight of which is more

or less than one pound, such package or container shall be labeled

in plain, intelligible English words and figures with the correct net weight of its contents, together with the name of the manufacturer

or jobber.

Sec. 4805. Milk or cream.—All milk or cream that is sold or offered

for sale in this State in bottles shall be sold or offered for sale only

in bottles containing standard gallons, half-gallons, quarts, pints or

half-pints. All other liquid conmiodities shall be sold only by

standard liquid measure or standard weight, except where parties

otherwise agree.

Sec. 4806. Berries and small fruits.—Berries and small fruits whenever sold or offered for sale in this State in boxes, shall be sold or

offered for sale in boxes containing a standard dry quart or dry pint,

and if said boxes contain more or less than this amount the information must be given the purchaser, or such boxes must be labeled in

plain, intelligible English words and figures with a correct statement

of the quantity of its contents.

Sec. 4807. Firewood.—A standard cord of firewood sold or offered

for sale in this State shall be and contain one hundred and twentyeight cubic feet, well stowed and packed. And when delivering

firewood to a purchaser the vender shall give, or cause to be given

therewith to such purcliaser, a written statement of the quantity, in

terms of the standard cord, of the firewood so delivered.

Sec. 4808. Ton of coal; statement of weight furnished; weight by

sack.—A standard ton of coal sold or offered for sale in this State

shall weigh two thousand pounds. And when delivering coal to a purchaser the vender shall give, or cause to be given, therewith to such purchaser a written statement of the weight, in terms of the

standard ton, of the coal so delivered. When coal is sold by the sack

the contents of such sack shall weigh one hundred pounds.

Sec. 4809. All packages to bear connect statement of weight, number,

etc.; proviso.—It shall be unlawful for any person to put up any

commodity or article of merchandise into a package or container and

sell or offer for sale in this State such commodity or article of merchandise in that form without having such package or container

labeled in plain, intelligible English words and figures with a correct statement of the net weight, measure or numerical count of its contents: Provided^ That nothing in this section shall prevent the

putting up of commodities or articles of merchandise, which have

been previously sold by net weight, measure or numerical count, into

packages or containers for the purpose of delivering or transporting

such commodities or articles of merchandise.

Sec. 4810. Sale by true net weight; mutual agreement, when.—It shall be unlawful for any person to sell or offer for sale in this State

any commodity or article of merchandise, except by true net weight, measure or numerical count, except where the parties otherwise agree. Contracts for work to be done, or for anything to be sold by weight
NEVADA 497

or measure, shall be construed according to the standards hereby

:idopted as the standards of this State, except where the parties have

agreed upon any other calculations or measurement, and all state- ments and representations of any kind referring to the weight or measure of commodities or articles of merchandise shall be understood

in the terms of the standards of weights or measures aforesaid.

Sec. 4811. False or short weight or measure unlawful.—It shall be

unlawful for any person, in buying or selling any commodity or article of merchandise, to make or give false or short weight or measure,

or to sell or offer for sale any commodity or article of merchandise

less in weight or measure than he represents, or to use a weight,

measure, balance or measuring device that is false and does not con- form to the authorized standard for determining the quantity of any

commodity or article of merchandise, or to have a weight, measure,

balance or measuring device adjusted for the purpose of giving false or short weight or measure, or to use in bujang or selling of any com- modity or article of merchandise a computing scale or device indicating the weight and price of such commodity or article of merchandise upon which scale or device the graduations or indications

are falsely or inaccurately placed, either as to weight or price.

Sec. 48i2. Penalties; treble damages to sufferer; proviso.—Any per- son who shall violate any of the provisions of this act shall be

deemed guilty of a misdemeanor, and, upon conviction thereof before

the justice of the peace having jurisdiction of the offense, shall be

fined in a sum not to exceed two hundred dollars, or by imprisonment in the county jail for not more than sixty days, or by both such

fine and imprisonment, and any weight, measure, balance or measuring device which shall have been used by him in such violation shall

be ordered confiscated and destroyed. He shall also be liable in

damages to the party injured by his violation in treble the amoimt

of the property wrongfully taken or not given and twenty dollars

in addition thereto, to be recovered in a court of competent jurisdiction. The selling and delivery of any commodity or article of

merchandise shall be prima facie evidence of the representation on

the part of the vender, that the quantity sold and delivered was the

quantity bought by the vendee. There shall be taken into consideration the usual and ordinary leakage, evaporation or waste that

there may be from the time a package or container is filled by the

vender until he sells the same. A slight variation from the stated

weight, measure or quantity for individual packages is permissible:

Provided, That variation is as often above as below the weight, measure or quantity stated.

Sec. 4813. District attorney to prosecute.—It shall be the duty of the

district attorney to prosecute all violations of the provisions of this act occurring within his county.

Sec. 4814, as amended by Laws, 1913, ch. 228, p. 325. Sealer of weights and measures; duties; standards same as TJnited States.—The

commissioner appointed by the board of control of the Nevada

Agricultural Experiment Station [president and board of regents

of the university^] is hereby designated and constituted sealer of

weights and "measures and shall be charged with the proper enforcement of the provisions of this act, and he may appoint such deputy

"See Laws, 1915, ch. 98, sec. 5, Infra.
498 LAWS CONCEBNING WEIGHTS AND MEASUBES

or deputies as he may deem necessary therefor. He shall have the

care and custody of the authorized public standards of weights and

measures, and of balances and other apparatus of all kinds owned

by the State under section 1 of this act [section 4792]. He shall

maintain the State standards in good order and submit them at

least once in every ten years to the National Bureau of Standards

for verification. He shall at once, after the approval of this act, obtain from the Government of the United States all standard

weights and measures mentioned in this act which this State does

not at that titoe own.

Sec. 4815. Duties of sealer and assistants.—It shall be the duty of

the sealer and his duly authorized deputy to test and prove all weiglits, measures, balances and measuring devices when requested

so to do by any person, without expense to such person, and when

the same are found or made to conform to the authorized standards

he shall seal and mark such weights, measures, balances and measuring devices with a seal to be kept by him for that purpose. It

shall be the duty of the sealer and his deputy to inspect and test all weights, measures, balances and measuring devices and when any

weight, measui^e, balance or measui'ing device is found by the sealer or his deputy or deputies to be false or imtrue or not of the approved

type, or which does not conform to the standards, or which cannot

be made to conform to the standards by such means as the sealer or

his deputy may have at his disposal he shall condemn the same and

mark it condemned in a conspicuous manner, and such condemnation

mark shall not be removed or defaced except by authorization of the

said sealer or his deputy. It shall be the duty of the sealer and his

deputj'' to inspect packages or containers of commodities or articles

of merchandise, put up and sold or offered for sale in this State,

and he shall mark in a conspicuous manner any package or container

which does not have a statement of the net weight, measure or numerical count of its contents on it, and such mark shall not be

removed or defaced except by authorization of the said sealer or

his deputy. Whenever the sealer or his deputy has reason to believe

that there has been a violation of any of the provisions of this act he shall swear to, or cause to be sworn to, a complaint before the

justice of the jDeace having jurisdiction, charging the suspected

person with a misdemeanor, and shall take charge of, pending

the trial of the accused person, the weight, measure, balance or measuring device used in such suspected violation.

Sec. 4816, Powers of sealer and deputies.—The sealer and his duly

authorized deputy shall have full power to enter any premises in or on which any weights, measures, balances or measuring devices may

be located or used for the purpose of trade, or any premises in or on which any commodities or articles of merchandise are put up into

packages or containers for the purposes, of trade, for the purpose

of inspecting, adjusting, sealing, condemning or marking such

weights, measures, balances or measuring devices and such packages

or containers.

Sec. 4817. Unlawful to obstruct sealer or deputies.—It shall be

imlawful for any person to hinder, obstruct or in any way interfere

with the sealer or his duly authorized deputy while in the performance of said inspection, and it shall be unlawful for any person to
NEVADA 499

fail to produce upon demand by the sealer or his deputy all weights, measures, balances or measuring devices and all packages or containers of commodities or articles of merchandise, in or upon his

place of business or in his possession, for use in manufacture or

trade. Any such person so violating the provisions of this section

shall be deemed guilty of a misdemeanor, and upon conviction

thereof shall be fined in a sum not to exceed one hundred dollars, or by imprisonment in the county jail for not more than thirty days,

or by both such fine and imprisonment.

Sec. 4818. Sealer must test before condemning weights, etc.—If the

sealer or any of his deputies shall seal any weight, measure, balance

or measuring device before first testing and making the same con- form to the authorized standard or if he shall condemn or take

charge of any weight, measure, balance or measuring device without

first testing the same, the one so doing shall be deemed guilty of a misdemeanor and upon conviction tliereof in a court of competent

jurisdiction shall be subject to a fine of not less than five dollars nor more than one hundred dollars.

Sec. 4819. Neglect of duty by sealer or deputies, how punished.—If

the sealer or any of his deputies neglects to keep the standards under

his charge in good order or repair, or suffers any of them through

his neglect to be lost, damaged or destroyed, or fails to perform any

of the duties imposed upon him by this act, the one so doing shall

be deemed guilty of a misdemeanor and upon conviction thereof, in a court of competent jurisdiction, shall be subject to a fine of not less than ten dollars nor more than two hundred dollars.

5ec. 4820. Sealer to keep record.—The sealer shall keep a record of

all the weights, measures, balances or other measuring devices sealed,

and of all convictions had and confiscations made under this act and

shall make an annual report to the governor on or before January

first of each year, a copy of which shall be filed with the National

Bureau of Standards. He shall issue from time to time regulations

for the guidance of his deputies and the said regulations shall govern the procedure to be followed by the aforesaid deputies in the dis- charge of their duties.

Sec. 4821. Terms defined.—The terms " package " and " container "

as used in this act shall include any carton, box, barrel, bag, keg,

drum, bundle, jar, jug, crock, demijohn, bottle, crate, basket, hamper,

pail, can, parcel, package or paper wrapper.

Sec. 4822. Person defined.—The term " person " as used in this act

shall be construed to impart both singular and plural as the case demands and shall include corporation, company, society and association. When construing and enforcing the provisions of this act omission or failure of any officer, agent or other person acting for or employed by any corporation, company, society or association within the

scope of his employment or office, shall in every case be also deemed

omission or failure of such corporation, company, society or association, as well as that of the person.

Sec. 4823. Appropriation.—The sum of four thousand dollars is hereby appropriated out of any money in the State treasury, not

otherwise appropriated, for the compensation of sealer, deputy or

deputies, office supplies and for apparatus necessary to carry out the

provisions of this act. The State controller is hereby authorized to
500 LAWS CONCERNING WEIGHTS AND MEASURES

draw his warrants for the sum herein appropriated in favor of the

Nevada Agricultural Experiment Station, and the State treasurer is hereby directed to pay the same.

Laws, 1915, ch. 98, p. 115.

Sec. 1. " Public service division " of University of Nevada.—It is hereby provided that the several public service departments of

the University of Nevada be consolidated into a " public service

division " of the University of Nevada.

Sec. 2. Departments included.—The public service division of the

University of Nevada shall consist of the following public service

departments, which have been conducted heretofore by authority

of statutes of the State of Nevada, enumerated as follows ; * *

*

4. Weights and measures, provided for in sections 4792-4823, inclusive, of the Revised Laws of the State of Nevada, 1912, as amended

chapter 228, Session Laws of the State of Nevada, twenty-sixth

session, 1913; * * *

Sec. 3. Regents to appoint heads of departments.—The board of

regents of the University of Nevada, upon recommendation of the

president, shall designate and appoint a qualified individual to conduct each of these various departments of the public service

division, and shall grant him such assistants as they deem necessary, and the powers and duties of these individuals appointed as herein

provided shall be as stated in the statutes establishing each of these

several departments of the public service division: Provided^ Kcmever, That in those instances wherein the statutes concerned impose

upon the individual appointed as herein provided any police power,

the appointment shall receive the approval of the governor of the

State.

Sec. 4. Rules and regulations.—All rules and regulations necessary

for the proper administration and enforcement of the statutes es- tablishing the departments comprehended in this public service

division of the University of Nevada shall be made by the president

and board of regents of the University of Nevada.

Sec. 5. Words substituted.—^Wherever in any of these statutes establishing the departments comprehended in the public service division

of the University of Nevada any individual, official, or department

of the university is mentioned, there shall be substituted the words

" president and board of regents of the university."

Laws, 1923, ch. 92, p. 156.

Sec. 1. Office of public weighmaster created; bond.—Any persons,

firms, corporations, copartners or individuals engaged in the busi- ness of public weighing for hire, or any person, firm or corporation

who shall weigh or measure any commodity, produce, article or

articles, and issue therefor a weight certificate which shall be ac- cepted as the accurate weight upon which the purchase or sale of

such commodity, produce, article or articles is based, may, upon

application as hereinafter described, be Imown as a public weighmaster, and shall file a bond with the State sealer of weights and

measures in the sum of one thousand dollars for the faithful per- formance of his duties, and shall obtain from the State sealer of

weights and measures a seal for the stamping of weight certificates hereinafter provided; the said seals shall be the property of the
NEVADA 501

State, and shall be forfeited and returned to the State sealer of

weights and measures upon termination of the appointment herein

prescribed of the public weighmaster. Said seal shall be of a form

and design prescribed by the State sealer and furnished by him to the

weighmaster. Said seal shall be a recognized authority of accuracy

when applied to weight certificates.

Sec. 2. Weight certificates.—The State sealer of weights and measures shall prescribe a form of weight certificates to be used by all public weighmasters, which certificates shall be known as the " State

Certificate of Weights and Measures " and shall state thereon the

kind of product, the owner, agent or consignee, the total weight of

the product, the number of units of same, the date of receipt of the

product, the railroad, team or other means by which the product was received, any trade or other mark thereon, and such other

information as may be necessary to distinguish or identify the product from a like kind. No certificate other than the one herein prescribed shall be used by public weighmasters.

Sec. 3. Record of public weighings must be kept.—All public weighmasters shall keep and preserve correct and accurate records of all public weighings, as provided by this act, which records shall at all times be open for inspection by the State sealer of weights and

Yneasures, or his deputy.

Sec. 4. Uniform rules; weighing fees.—The State sealer of weights

and measures shall make uniform rules for carrying out the provisions of this act, and shall designate a reasonable fee to be charged

by public weighmasters for weighing, such fee to be retained by the

public weighmaster as compensation for his services.

Sec. 5. Penalty for false certificate.—All State certificates of weights

and measures, as provided by this act, shall contain the accurate and correct weight of any and all commodities weighed when issued

by the public weighmaster. Any public weighmaster who shall

issue a State certificate of weights and measures giving a false

weight or "measure of any article or commodity weighed or measured by him, or his representative, to any person, firm or corporation, shall be guilty of a misdemeanor, and the State sealer may

direct and compel the return to him of the State seal, or declare his

bond as public weighmatser forfeited, or both.

Sec. 6. Penalty for encouraging false weighing.—Any person, firm, or corporation who shall request the public weighmaster, or any person

emplojred by him to weigh any product, commodity, article or articles falselj'^, or incorrectly, or who shall request a false or incorrect

State certificate of weights and measures, or any person issuing

a State certificate of weights and measures who is not a public

weighmaster, as provided for in this act, shall be guilty of a misdemeanor. '

Sec. 7. Correctness of weight, how decided.—When doubt or differ- ence arises as to the correctness of the net or gross weight of any

amount, or part of any commodity^ produce, article or articles for

which a State certificate of weights and measures has been issued by

a public weighmaster, the owner, agent or consignee may, upon

complaint to the State sealer of weights and measures, or his deputy,

have said amount or part of the amount of any commodity, produce,

article or articles reweighed by the State sealer of weights and

measures, or a public weighmaster designated by him, upon deposit-
502 LAWS CONCERNING WEIGHTS AND MEASUBES

ing a sufficient sum of money to defray the actual cost of reweighing

with the State sealer of weights and measures. If, on reweighing,

a difference in the original weight is discovered as the result of

fraud, carelessness, or faulty apparatus, the cost of reweighing shall be borne by the public weighmaster responsible for the issuance of

such faulty State certificate of weights and measures. All public

weighmasters employing or designating any person to act for them

as deputy public weiglimaster shall be responsible for all acts per- formed by such person, and the public weighmaster shall forward to the State sealer of weights and measures the name and address of

persons so appointed.

Sec. 8. Net weight defined.—When any product is sold subject to public weiglimaster weights, such weight shall be the true net weight of the product. Net weight, within the meaning of this

act, shall be the correct or actual weight of the commodity, ex- cluding the weight of the container.

Sec. 9. State sealers to appoint public weighmasters ; apparatus tested.

The State sealer of weights and measures shall appoint public

weighmasters : Provided That he or his deputy shall test all weighing apparatus to be used, inspect the premises intended for such

use and satisfy himself that the applicant is in every way equipped,

qualified, competent and of such character that he should be appointed a public weighmaster. The State sealer of weights and

measures, if satisfied with the applicant's qualifications, shall issue a certificate of appointment as public weighmaster, for which there

shall be a charge of ten dollars, paid to the State sealer of weights

and measures, which amount shall be used by said State sealer of

weights and measures in the costs incurred under the premises of

this act. The State sealer of weights and measures has the right

to suspend or revoke the authority or appointment of any public

weighmaster at any time for cause or upon complaint filed. Sec. 10. Person defined.—The term " person," as used in this act, shall be construed to imply both singular and plural as the case demands, and shall include corporations, company, society, and as- sociation. When constructing and enforcing the provisions of this

act, omission or failure of any officer, agent or other person acting

for or employed by any corporation, company, society, or association within the scope of his employment or office shall, in every case, be also deemed omission or failure of such corporation, company,

society or association, as well as that of the person.

Sec. 11. Penalty.—Any person violating any of the provisions of

this act shall be deemed guilty of a misdemeanor, and upon conviction thereof before a court of competent jurisdiction shall be

fined in the sum not exceeding two hundred dollars or by imprisonment in the county jail for not more than thirty days, or by both

such fine and imprisonment.

laws, 1923, ch. 105, p. 179.

Sec. 1. Definition of certain terms.—In this act, the term " sealer " means the State sealer of weights and measures. "Agricultural

products " shall include horticultural, viticultural, dairy, bee, and

any and all farm products; the word "person" shall include individuals, partnerships, corporations, associations, or twp or more in-
NEVADA 503

dividuals having a joint or common interest; words used import

the singular or the plural as the case may demand.

Sec. 2. Official standards for agricultural products.—In order to promote, protect, further and develop the agricultural interests of this

State the sealer is hereby authorized and empowered after investigation and public hearing to fix and promulgate official standards for

grading and classifying any or all agricultural products grown or produced in this State and to fix and promulgate official standards

for containers of farm products and to change any of them from

time to time.

Sec. 3. Date to be specified when standards become effective.—In promulgating the standards or any alterations or modification of such

standards, the sealer shall specify the date or dates when the same

shall become effective and shall give public notice not less than

thirty days in advance of such date or dates by such means as he

deems proper, and he is hereby authorized and empowered to employ

reasonable methods for diffusing information concerning the standard that may be fixed by him for any agricultural product or container.

Sec. 4. Federal standards to be adopted.—The sealer is authorized to

fix and promulgate as the official standard for this State for any

agricultural product or container the standard for such product

or container which may have been promulgated or announced therefor under the authority of the Congress of the United States, and in

carrying out the provisions of this act the sealer is authorized to cooperate with the United States or any department thereof in ac- complishing the rnatters and things provided for herein.

Sec. 5. State sealer to appoint inspector; State sealer to specify fees; license revoked, when.—The sealer is hereby authorized to designate

any competent employee or agent of the department of weights and

measures, and upon satisfactory evidence of competency may license

any other person, and charge and collect a reasonable fee for such

license, to inspect or classify agiicultural products in accordance

with such regulations as he may prescribe at such places as the

volume of business may be found to warrant the furnishing of such

inspection service, at the request of persons having an interest in

such products, and to ascertain and to certify to such persons the

grade, classification, qualit}^ or condition thereof, and such other

pertinent facts as the sealer may require. The sealer is authorized

to fix, assess, and collect, or cause to be collected, fees for such services

when they are performed by employees or agents of the department

of weights and measures. Licensed inspectors may charge and col- lect as compensation for such services only such fees as may be

approved by the sealer. The sealer may suspend or revoke any

license whenever, after an opportunity for hearing has been afforded

to the licensee, the sealer shall determine that such licensee is incompetent or has knowing^ or carelessly failed to correctly certify the

grade, classification, quality or condition of any agricultural product, or has violated any provisions of this act or of the regulations

made hereunder. Pending investigations the sealer may suspend a

license temporarily without a hearing.

Sec. 6. Appeal to State sealer.—Whenever any quantity of any agricultural product shall have been inspected hereunder and question
504 LAWS CONCERNING WEIGHTS AND MEASUBES

arises as to whether the certificate issued therefor shows the true grade, classification, quality or conditions of such product, any interested person, subject to such regulations as the sealer may prescribe, may appeal the question to him and he is authorized to cause such investigation to be made and such tests to be applied as he may

deem necessary and to determine and issue a finding of the true grade

or classification of the product or of the quality or condition thereof.

Whienever an appeal shall be taken to the sealer under this act, he

shall charge and assess and collect, or cause to be collected, a reasonable fee, to be fixed by him, which shall be refunded if the appeal is sustained.

Sec. 7. Certificate prima facie evidence.—A certificate when not su- perseded by a finding on appeal, or a finding on appeal of the grade,

classification, quality or condition of any agricultural product issued

imder this act, and all certificates issued under authority of the

Congress of the United States relating to the grade, classification,

quality, or condition of agricultural products, shall be accepted in

any court of this State as prima facie evidence of the true grade,

classification, condition or quality of such agricultural product at the time of its inspection.

Sec. 8. State sealer to promulgate reflations.—The sealer is hereby

authorized and empowered to promulgate regulations for carrying

out the purpose and provisions of this act. All fees and moneys col- lected or received by employees or agents of the department of

weights and measures under this act and the regulations which may

be promulgated hereunder shall be turned into the State treasury,

to be there maintained in a separate fund which is hereby appro

priated for carrying out the provisions of this act.

Sec. 9. State sealer may appoint agents.—The sealer may appoint

employees and agents to assist in carrying out the provisions of this

act, and may fix their compensation.

Sec. 10. Incorrect certificate, penalty for.—Any employee or agent

employed under this act or any inspector licensed hereunder who

shall knowingly inspect, grade or classify improperly any agricultural product or shall knowingly give any incorrect certificate of

grade, classification, quality or condition or shall accept money or other consideration directlj'^ or indirectly for any incorrect or improper performance of duty, and any person who shall improperly

influence or attempt to improperly influence any such agent, employee or licensed inspector in the performance of his duty, shall be

guilty of a misdemeanor, and upon conviction thereof shall be fined

not more than five hundred dollars or be imprisoned not more than

one year, or both.

Sec. 11. Official standards and containers must be used.—If any quantity of any agricultural product shall have been inspected and a

certificate issued hereunder showing the grade, classification, quality

or condition thereof, no person shall represent that the grade, classi- fication, quality or condition of such product at the time and place

of such inspection was other than as shown by such certificate. Whenever any standard for a container for an agricultural product

becomes effective under this act, no person thereafter shall pack for

sale, offer for sale, consign for sale, or sell and deliver, in a container

any such agricultural product to which the standard is applicable,
I^EVADA 505

unless the container conforms to the standard, subject to such variations therefrom as may be allowed in the regulations made under

this act, unless such product be brought from outside the State and

offered for sale, consigned for sale or sold in the original package.

Any person violating this section shall be guilty of a misdemeanor

and upon conviction thereof shall be fined not more than five hundred

dollars, or be imprisoned not more than one year, or both.

Sec. 12. Appropriation.—There is hereby appropriated, out of any

moneys in the State treasury not otherwise appropriated, the sum of

two thousand dollars annually, or so much thereof as may be necessary, to be expended in carrying out the provision of this act.

Sec. 13. Each provision independent.—If any provision of this act or the application thereof to any person or circumstance is held invalid,

the validity of the remainder of the act and of the application of such

provisions to other persons or circumstances shall not be affected thereby.

Rev. Laws, 1912, Vol. 2, ch. 24, p. 1902.

Sec. 6708 (1911). Buying or selling by false weight.—If any person

or persons shall knowingly buy or sell any goods, wares, or merchandise, or any valuable thing by false weight or measure, or shall

knowingly use any false measure or false weight at any mill in taking

toll for grinding corn, vvheat, rye, or other grain, or shall knowingly

use any false weight or weights, or false scales, or false steelyards, or false balances, or false measures for any purpose in buying or

selling or trading any article whatever, he or she shall be deemed a common cheat, and on conviction shall be punished by fine in any sum not exceeding two hundred dollars, or be imprisoned in the

county jail not more than six months, or both.

Sec. 6709°. Misrepresentation of merchandise.—Every person who

makes any misrepresentation regarding the weight, amount, measure, quantity, quality, or ingi'edients of any goods, wares or merchandise, or personal property, for the purpose of selling the same, or while selling or offering the same for sale, is guilty of a misdemeanor

and if the value of any goods, wares, merchandise, or personal property sold under such misrepresentation shall exceed fifty dollars, the

party so making the misrepresentation is guilty of a gross misde- meanor.

Laws, 1913, ch. 226, p. 316,

Sec. 9. Mislabeled or misbranded, when.—Food, liquor and drugs

shall be deemed mislabeled or misbranded within the meaning of

this act in any of the following cases ; * *

* Third. If in package form, and the contents are stated in terms of

weight or measure, they are not plainly and correctly stated on the

outside of the package. * * *

Sec. 10. " Package " defined.—The term " package," as used in this

act, shall be construed to include any phial, bottle, jar, demijohn,

carton, bag, case, can, box or barrel, or any receptacle, vessel or container of whatsoever material or nature which can be used by a manufacturer, producer, jobber, packer or dealer, for enclosing any

article of food.

Sec. 11. Possession of proscribed articles prima facie evidence.—The

possession of any adulterated, mislabeled or misbranded article of
506 LAWS CONCEENING WEIGHTS AND MEASTJBES

food, liquor or drug by any manufacturer, producer, jobber, packer

or dealer in food, liquor or drugs, or by any broker, commission merchant, agent, employee, or servant of any such manufacturer, producer, jobber, packer, or dealer, shall be prima facie evidence of the

violation of this act. See. 12. Board of control to appoint commissioner; peace officers as agents.—The board of control of the Nevada Agricultural Experiment Station shall designate and appoint for the enforcement of

this act a commissioner and such other agent or agents as it may

deem necessary, and the sheriffs of the respective counties of the

State are hereby appointed and constituted agents for the enforcement of this act. Rev. Laws, 1912, Vol. 1, p. 240.

Sec. 794 (1907). Powers of city council; weights and measures;

enforcements.—The city council shall have the following powers

50. To provide for the inspection and sealing of weights and

measures.

51. To enforce the keeping and use of proper weights and measures, by vendors.

Laws, 1913, ch. 140, p. 192.

Sec. 9. Standards of measurement for water ; acre-foot ; miner's inch.

A cubic foot of water per second of time shall be the legal standard

for the measurement of water in this State. The unit of volume

shall be an acre-foot defined as 43,560 cubic feet. Where necessary

to transpose miner's inches to cubic feet per second, one cubic foot

per second shall be considered equal to forty miner's inches; but

the term " miner's inch " shall not be used henceforth in any permit

or adjudicated right issuing from the office of the State engineer

without first naming the amount in cubic feet per second or in

acre-feet. Laws, 1919, ch. 109, p. 198.

Sec. 1. Public service commission created.—The public service commission is hereby created whose duty it shall be to supervise and

regulate the operation and maintenance of public utilities, as hereinafter named and defined, in conformity with the provisions of this

act.

Sec. 13. Standards for measurement, regulation and testing of.—The

commission may, when necessary, ascertain and prescribe for each

kind of public utility adequate, convenient and serviceable standards

for the measurement of quality, pressure, voltage or other conditions pertaining to the supply of the product or service rendered

by any public utility, and prescribe reasonable regulations for the

examination and testing of such products or service and for the

measurement thereof. Any consumer, user or party served may

have the quality or quantity of the product or the character of any

service rendered by any public utility tested upon the payment of

fees fixed by the commission, which fees, however, shall be paid

by the pubKc utility and repaid to the complaining party if the

quality or quantity of the product or the character of the service

be found by the commission defective or insufficient in a degree

to justify the demand for testing ; or the commission may apportion
NEVADA S07

the fees between the parties as justice may require : Provided^ That

in cities of more than ten thousand population nothing contained in

this act shall direct or permit the installation or the use of mechanical water meters or similar mechanical devices to measure

the quantity of water served or delivered to water users. The commission may, in its discretion, purchase such materials,

apparatus, and standard measuring instruments for such examination and tests as it may deem necessary. The commission shall have

the right and power to enter upon any premises occupied by any

public utility for the purpose of making the examination and tests provided for in this act and set up and use on such premises any

necessary apparatus and appliances and occupy reasonable space

therefor. Any public utility refusing to allow such examination

to be made as herein provided shall be subject to the penalties pre- scribed in section 11 of this act. * *

*

Sec. 23. Weighing of railroad cars and freight.—* * * (a) The

commission shall have the power to enforce reasonable regulations

for furnishing cars to shippers, and switching the same, and for the

loading and unloading thereof, and the weighing of the cars and

freight offered for shipment over any line of railroad.

Laws, 1920-21, ch. 167, p. 251.

Sec. 1. Regulating method of weighing and testing milk, cream, and

dairy products.—It shall be unlawful for any hauler of milk or cream,

other than a common carrier, or any person, firm or corporation

receiving or purchasing milk or cream by weight or test or both, or by measure or test or both, to fraudulently manipulate the weight, measure or test of milk or cream, or to take unfair samples thereof, or to fraudulently manipulate such samples. Such hauler or other

agent shall weigh or measure the milk or cream of each patron ac- curately and correctly and shall report such weights and measure- ments accurately and correctly to the creamery or factory. He

shall thoroughly mix the milk or cream of each patron by pouring

or stirring until such mill? or cream is uniform and homogeneous

in richness, before the sample is taken from such milk or cream. When the weighing or sampling is done at the creamery, shipping

station or factory, the same rule shall apply.

Sec. 2. False tests declared unlawful.—It shall be unlawful for any

person, firm or corporation, by himself or as the agent, servant,

employee or officer of any person, firm or corporation, receiving or purchasing milk or cream on the basis of the amount of butter fat

contained therein, to underread, overread or otherwise fraudulently

manipulate the Babcock test used for determining the per cent of

butter fat in milk or cream, or to falsify the records thereof, or to read the test at any other temperature than the correct one, which

is one hundred thirty degrees to one hundred forty degrees Fahrenheit, or to pay on the basis of any measurement or weight except the

true measurement or weight, which is seventeen and six-tenths

cubic centimeters for milk and nine grams or eighteen grams for cream: Provided, That in all tests for cream the cream shall be

weighed into the test-bottle. All testing of milk or cream purchased on the basis of the amount of butter fat contained therein shall be

done by licensed tester, who shall supervise and be responsible for

the operation of the Babcock test of milk or cream. A license shall

be issued to such person by the commissioner of food and drugs,
508 LAWS CONCEKNING WEIGHTS AND MEASUBES

whose duty it shall be to examine into the qualifications of the appli- cant for such license, and every such applicant shall satisfy said

officer of his qualifications and comply with the provisions herein,

before any license shall be issued to him.

Sec. 8. Food and drugs commissioner to inspect measures, etc. ; to mark

apparatus.—The commissioner of food and drugs shall, from time to time, inspect and examine as to their accuracy, or their adaptability

to give accurate results, all glassware, measures, scales, weights and

other apparatus used in creameries and factories of dairy products,

where milk and cream are purchased, to determine the amount of

percentage of fat in milk or cream. Said commissioner of food and

drugs shall supply at cost, and not oftener than once a year, to every

creamery, or other factory of dairy products where milk and cream,

or either, are purchased, on application, not more than two tubes or

bottles and one pijoette of the forms used with the Babcock test, which he shall first examine as to accuracy, and if accurate, or adapted to give accurate results under the usual method of operating

the Babcock test, said commissioner of food and drugs shall certify

to this by marking durably and permanently upon each and every

piece of apparatus supplied the letters " C. F. D." Said commissioner of food and drugs shall also, upon payment at the rate of one

dollar for each dozen, test or examine into the accuracy of all test- bottles or tubes and pipettes sent to it direct from any creamery, or other factory of dairy products, where milk or cream is purchased,

and, if found accurate, or adapted to give accurate results, the letters " C. F. D." shall be marked upon each piece of apparatus examined.

Sec. 9. State's standard measure specified; Babcock test for all cream

sold; details of requisites.—That State's standard measure, or pipette,

shall have a capacity of seventeen and six-tenths cubic centimeters,

and the standard test-tubes or bottles for milk shall have a capacity

of one cubic centimeter of mercury at a temperature of sixty-five

degrees Fahrenheit between " zero " and " five " on the graduated

scale on the neck thereof ; the scale to have a length of not less than

six and five-tenths millimeters for each per cent, or six and five- tenths centimeters between zero and ten on the graduated scale on

the neck thereof, said scale to be graduated to at least two-tenths of one per cent. The milk fat in the neck of said bottle to be read from

the lower line separation between the fat and the water to the top of

the fat column at a temperature not lower than one hundred and

thirty degrees Fahrenheit and not higher than one hundred and

forty degrees Fahrenheit.

All cream sold in the State of Nevada on the basis of the richness or the percentage of milk fat contained therein shall be tested by

the Babcock test, using a weighed sample of eighteen grams, or a weighed sample of nine grams (results to be doubled), weighed on a balance sensitive to ten milligrams, and tested in a test-bottle with

a scale graduated to at least five-tenths of one per cent, said scale to be of a length of at least one centimeter to every five per cent where an eighteen-gram sample is used. Where a nine-gram sample is used in a bottle graduated for eighteen grams, the test-bottle must

have a scale graduated to at least two-tenths of one per cent, said

scale to be a length of at least two centimeters to every five per cent. Where a nine-gram sample is used in a bottle graduated for nine

grams, the test-bottle shall have a scale graduated to five-tenths of
NEVADA 509

one per cent and shall be of a length not less than seven centimeters

for every fifty per cent. The milk fat in the test-bottle shall be read

at a temperature not lower than one himdred and thirty degrees

Fahrenheit and not higher than one hundred and forty degrees

Fa,hrenheit. The fat column must be read from the bottom of

the lower meniscus to the bottom of the upper meniscus : Provided, however, That no test-bottles now in use in any creamery or

other factory or dairy products or by any private party in this State

shall be condemned or declared unfit for use prior to the expiration

of one year from the taking effect of this act, if the scale thereof is correctly calibrated.

Sec. 10. Penalty.—Any person violating any provision of this act

shall be deemed guilty of a misdemeanor and upon conviction thereof

shall be fined in the sum of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county

jail of not less than thirty days nor more than six months, or by

both such fine and imprisonment.
NEW HAMPSHIRE

Public Laws, 1926, Vol. 1, ch. 161, p. 594.

Sec. 1 (1917). Standards.—The weights and measures received from

the United States under joint resolutions of Congress, approved

June 14, 1836, and July 27, 1866, and such new weights and measures

as shall be received from the United States as standard weights and

measures in addition thereto or in renewal thereof, and such as

shall be supplied by the State in conformity therewith and certified by the National Bureau of Standards, shall be the State standards,

by which all tnunicipal standards of weights and measures shall be

tried, proved and sealed.

See. 2 (al919). Commissioner.—There shall be a State commissioner

of weights and measures, appointed by the governor, with the advice

and consent of the council, for a term of five years and until his successor is appointed and qualified.

Sec. 3 (1917). Inspectors.—There shall be not exceeding three in- spectors of weights and measures, who shall be appointed by the

commissioner, with the advice and consent of the governor and

council. Their annual salary shall not exceed seventeen hundred

dollars each.

Sec. 4 (al925). Salaries.—The salary of the commissioner shall be

three thousand dollars a year, and he shall be allowed for salaries for

inspectors, clerical services, traveling and contingent expenses for

himself and inspectors such sums as shall be necessary to carry

out the provisions of this chapter, to be paid upon warrant of the

governor.

Sec. 5 (1917). Commissioner's bond.—The commissioner shall give a bond in the sum of five thousand dollars, with sureties to be approved

by the governor, for the faithful performance of the duties of his

office and for the safety of the standards intrusted to his care, and for

the surrender thereof to his successor or to the person appointed by

the governor to receive them.

Sec. 6. Inspector's bond.—Each inspector shall give a bond in the sum of one thousand dollars, with sureties, to be approved by the

secretary of state, for the faithful performance of the duties of his

office and for the safety of any apparatus intrusted to his care.

Sec. 7. Commissioner's duties.—The commissioner shall take charge

of the standards of the State, and cause them to be kept in a safe

and suitable place in his office, from which they shall not be removed

except for repairs or for certification, and he shall take all other

necessary precautions for their safekeeping. He shall maintain

the State standards in good order, and shall submit them at least once in ten years to the National Bureau of Standards for certi- fication. He shall keep a complete record of the standards, bal- ances and other apparatus belonging to the State and take a re- ceipt for the same from his successor in office. 510
NEW HAMPSHIBE 511

Sec. 8. Testing local standards.—He shall, at least once in five years, try and prove by the State standards all standard weights, measures and other apparatus which may belong to any city, and shall

seal the same when found to be accurate, by stamping on them

the letters X. H. and the last two figures of the year with seals which

he shall have and keep for that purpose, and shall keep a record

of such inspections. He shall, upon the written request of any citi- zen, firm, corporation or educational institution in the State, test or calibrate weights, measures, weigliing and measuring devices,

and instruments or apparatus used as standards in the State.

Sec. 9. Testing; State institutions.—He, or the inspectors by his

direction, shall at least once annually test all scales, weights and

measures used in checking the receipts or disbursements of supplies

in every institution for the maintenance of which moneys are appropriated by the legislature, and he shall report in writing his

findings to the supervisory board and to the executive officer of the

institution concerned ; and, at the request of such board, or executive

ofiicer, the conamissioner shall appoint in writing one or more employees then in the actual service of such institution, who shall act as special deputies for the purpose of checking the receipts or dis- bursements of supplies.

Sec. 10. Inspections.—The commissioner, or his inspectors at his

direction, shall at least once in two years visit the various cities of

the State in order to inspect the work of the local sealers, and in

the performance of his duties he may inspect the weights, measures,

balances or any other weighing or measuring appliances of any citi- zen, firm or corporation, and shall have the same powers as the

local sealer of weights and measures.

Sec. 11. Supervision.—He shall have and keep a general supervision

of the weights, measures and weighing and measuring devices offered for sale, sold or in iise in the State.

Sec. 12. Regulations.—The commissioner shall issue from time to time regulations for the guidance of city sealers, and the said regulations shall govern the procedure to be followed by the aforesaid

officers in the discharge of their duties.

Sec. 13 (al319). Inspectors' powers.—When not otherwise provided

by law the inspectors shall have the power, under the direction of the

commissioner, to inspect, test, try and ascertain if they are correct,

all weights, scales, beams, measures of any kind, weighing or measuring instruments, or mechanical devices for measuring, and tools,

appliances or accessories connected with any and all such instruments or measures kept, offered or exposed for sale, sold, used or employed within the State by any proprietor, agent, lessee or employee in proving the size, quantity, extent, area or measurements

or quantities, things, produce, articles for distribution or consumption offered or submitted by such person or persons for sale, hire or reward; and they shall have like power to, and shall from time to time, weigh or measure packages or amounts of commodities of

whatever kind kept for the purpose of sale, offered for sale or sold, or in the process of delivering, in order to determine whether the same contain the amounts represented, and whether they are offered

for sale or sold in a manner in accordance Avith the laws relative to weights and measures. 517—26 33
512 LAWS CONCEKNING WEIGHTS AND MEASURES

Sec. 14. Inspectors' duties.—They shall at least once each year, and

as much oftener as the commissioner may deem necessary, see that

the weights, measures and all apparatus used in the State are correct. They may for the purposes mentioned, and in the general performance of their official duties, stop any vendor, peddler, junk dealer, or the driver of any coal wagon, ice wagon or delivery wagon, or any dealer whatever, and require him to proceed to such place as the inspector may specify, for the purpose of making the proper tests, and for that purpose tliey m.a,j, without formal warrant, enter any

stand, place, building or premises. Whenever an inspector finds a

violation of the statutes relating to weights and measures he shall

report the same to the commissioner, who shall cause the violator

to be prosecuted.

Sec. 15. Sealing.—Whenever an inspector compares weights, measures or weighing or measuring instruments and finds that they cor- respond with the standards in his possession and conform to the

specifications and regulations of this department, or causes them to correspond with the said standards and to conform to said specifications and regulations, he shall seal or mark such weights, measures, weighing or measuring instruments with appropriate devices to be

approved by the commissioner.

Sec. 16. Condemning.—He shall condemn and seize to hold as evidence, and ma}', upon the order of the court, destroy, incorrect

weights, measures, or weighing or measuring instruments which, in

his judgment, are not susceptible of satisfactory repair; but such

as are incorrect and may be repaired he shall mark or tag as con- demned for repairs in a manner prescribed by the commissioner.

Sec. 17. Correcting.—The owners or users of any weights, measures

or weighing or measuring instruments, of which such disposition is made, shall have the same repaired or corrected within the time pre- scribed by the commissioner, and the}' may neither use nor dispose

of the same, except as permitted by the commissioner, but shall hold

the same at his disposal.

Sec. 18. Confiscating.—Any apparatus which has been condemned

for repairs, and has not been repaired as herein required, shall be

confiscated as provided in section 16.

Sec. 19. Records; reports.—The inspectors and city sealers shall

keep a complete record of all their official acts, and shall make reports

to the commissioner of weights and measures as he may direct, on

blanks approved by him.

Sec. 20. City sealers.—There shall be a sealer of weights and measures in cities of not less than ten thousand population, according

to the latest United States census, to be appointed by the mayor,

with the consent of the city council. He shall, in said city, have

the same powers and duties as the State inspectors have elsewhere.

Sec. 21. Apparatus for city sealers.—The common council of each

city required to appoint a sealer shall procure at the expense of the

city, and shall keep at all times, a complete set of weights and

measures and other apparatus of such materials and construction

as the commissioner may direct. All such weights, measures and

other apparatus, having been tried and accurately proved by him,

shall be sealed and certified to by the commissioner as hereinbefore
NEW HAMPSHIEE 513

provided, and shall be then deposited with and preserved by the

city sealer as public standards for the city. Whenever the common

council of such city shall neglect for six months to provide such

standards the city clerk of said city, on notification and request

by the commissioner, shall provide the same and cause them to be tried, sealed and deposited at the expense of the city.

Sec. 22. Authority as police.—The commissioner of weights and

measures, his inspectors, and the city sealers of weights and measures, are special policemen, and are authorized and empowered to

arrest, without formal warrant, any violator of the statutes in rela- tion to weights and measures, and to seize for use as evidence, and

without warrant, any false or unsealed weight, measure or weighing

or measuring device, or package or amounts of commodities found

to be used, retained or offered or exposed for sale or sold in violation

of this chapter.

Sec. 23 (1917). False weights.—Any person, who, by himself or by

his servant or agent, or as the servant or agent of another, shall

offer or expose for sale, seU, use or retain in his possession for use, a false weight or measure or weighing or measuring device, or any weight or measure or weighing or measuring device which has

not been sealed by the commissioner or inspector, or by a sealer

of weights and measures within one year, for the purpose or the

apparent purpose of buying or selling of any commodity or thing, or for hire or reward; or shaU dispose of any condemned weight, measure or weighing or measuring device contrary to law, or remove

any tag placed thereon by the commissioner or inspector, or by

a sealer of weights and measures, without his permission; or any

person who, by himself or by his servant or agent, or as the servant

or agent of another, shall sell or offer or expose for sale less than

the quantity he represents, or sell or offer or expose for sale any

commodity in a manner contrary to the laws relative to weights

and measures, or, in purchasing, misrepresents the amount purchased, shall be fined not less than twenty nor more than two

hundred dollars, or imprisoned not more than three months, or

both, upon a first conviction ; upon a second or subsequent conviction

he shall be fined not less than fifty nor more than five hundred

doUars, or imprisoned not more than one year, or both.

Sec. 24 (al919). Obstructing officials.—Any person who shall hinder

or obstruct in any way the commissioner, any inspector or any city

sealer in the performance of his official duties shall be fined not

less than twenty nor more than two hundred dollars, or imprisoned

not more than ninety days, or both.

Sec. 25, Impersonating officials.—Any person who shall impersonate

in any way the commissioner, any inspector or city sealer, by use of

his seal or counterfeit of his seal or otherwise, shall be fined not less than one hundred nor more than five hundred dollars, or imprisoned

not more than one year, or both.

Sec. 26 (al925). Provisions governing weights and measures for certain

commodities.—In proceedings under section 23, for false or insuflScient

weights or measures in connection with the sale of any article, the

following weights and provisions shall govern
514 LAWS CONCEElSriKG WEIGHTS AND MEASURES

Pounds per bushel Dried peaches 33

Peas 60

Parsnips 45 Roasted peanuts 20 Green peanuts 22

Irish potatoes 60 Sweet potatoes 54

Quinces 48 Rye 56 Rye meal • 50

Coarse salt 70

Fine salt 50

Shorts 20

Tomatoes 56 Turnips 55 Wheat 60

String beans 24

Unshelled green peas 28

Beet greens 12 DandeUons 12

Parsley 8 Spinach 12

I. Bushel by weight: Except where the parties shall expressly

agree to sale by some other standard than by weight, a bushel shall

contain the number of pounds hereinafter set forth : ^

Pounds per bushel Dried apples 25

Beets 60 Small white beans 60

Soy beans (glycine hispida) 58

Barley 48 Bran 20 Buckwheat 48

Indian corn 56 Corn meal 50 Cracked corn 50

Cranberries 32

Carrots 50 Clover seed 60

Flaxseed 56 Herds grass or timothy seed 45 Japanese barnyard millett (P. crusgaUi) 35 Lime 70

Oats 32 Onions 52

Pears 58 Peaches 48 and for fractional parts of a bushel like fractional parts of the above

weights shall be required.

II. Dry measure : All fruits, nuts and vegetables, if sold by measure, shall be sold by dry Ineasure, United States standard.

III. Heaping measures: Commodities, the individual units of

which are determined by the commissioner as large in size, shall be

measured by heaping measures ; that is : The measure shall be heaped

up in the form of a cone, the outside rim of the measure to be the

base of the cone and the cone to be as high as the colmmodity will

admit; other commodities shall be measured by struck or level measure. IV. Baskets: Baskets or other receptacles holding one quart or

less, which are used in the sale of berries, cherries or currants, shall be of the capacity of one quart, one pint, or half-pint. United States

standard dry measure. Said baskets or other receptacles shall not

be required to be tested and sealed, but any sealer or health officer may test the capacity of any baskets or other receptacle in which

such fruit is sold or intended to be sold; and if the same is found

to contain less than the standard measure, or if the quantity of such

fruit is otherwise less than as herein provided, he shall seize the same

and make complaint against the vendor.

Sec. 27 (al919). Posting notice.—The proprietor of any place

where articles namd in paragraph IV of the preceding section are

sold or kept for sale shall post conspicuously, in a place ordered by

the commissioner and where patrons may easily read the same, a printed notice to be furnished by the commissioner, containing said

paragraph and such other information as the commissioner may

direct.

^ A slight change has been made in the arrangement of these weights for convenience

of reference.
NEW HAMPSHIEE 515

Sec. 28. Penalty.—Whoever sells or offers for sale, or has in posses- sion with intent to sell, any such fruit in any receptacle holding one quart or less which does not conform to said standard, or, con- forming thereto, is not at least level "measure, or fails to keep posted

the notice hereinbefore provided, shall be punished as provided in

section 23.

Sec. 29. Packages.—It shall be unlawful for any person to sell or

otfer for sale any commodity in package form unless the contents thereof is expressed in terms of net weight, measure or numerical

count in a conspicuous place on the outside of the package, in a

plainly printed statement in large type. Reasonable variations or

tolerances shall be permitted, and these variations or tolerances as provided in section 41 and also exemptions as to small packages

shall be established by rules and regulations made by the coYn- missioner.

Sec. 30 (1917). Penalty.—Any person violating the preceding sec- tion shall be fined not less than twenty nor more than two hundred

dollars.

Sec. 31 (al919). Sale of coal.—It shall be unlawful to sell or offer to sell in the State any coal or coke in any other manner than by

weight, except by agreement of the parties to the contrary.

Sec. 32. Coal, certificate of weight.—Except as provided in the preceding section no person shall sell or deliver any coal or coke without such delivery being accompanied by a certificate of weight dis- tinctly expressino- in ink or other indelible substance the gross weight

of the load, the tare of the delivery vehicle, the net weight of the

coal or coke contained in the vehicle used in such delivery, the name

of the dealer from whom purchased, the name of the party to whom

it is to be delivei-ed, the name of the weigher, the na"me of the driver

and the date of weighing.

Sec, 33. Coal, duplicate of weight.—Said certificate shall be made in duplicate by the weigher at the time and place of weighing. One

copy shall be given to the purchaser or his agent or representative

at the time of delivery of the fuel, or shall be surrendered to the

inspector or sealer of weights and measures upon his demand for

inspection, whereupon the inspector or sealer shall issue in exchange

his certificate of weighing, which shall be delivered to the purchaser,

his agent or representative at the time of delivery of the fuel.

Sec. 34. Delivery at yard.—When the buyer takes the coal or coke

at the dealer's place of business a certificate showing the actual number of pounds delivered to the purchaser must be given to him at the time the sale is made.

Sec. 35 (1919). Sale of wood.—It shall be unlawful to seU or offer to

sell in this State any wood for fuel purposes, except standing trees, wood not exceeding sixteen inches in length, edgings, bobbin wood,

clippings, slabs and other waste, in any other manner than by the

cord or fraction thereof, unless the parties to the transaction otherwise agree; but no person, firm or corporation dealing in wood, or having or offering wood for sale, shall refuse to sell it by the hereinafter defined load or fractional part thereof, or by the cord or fra,c- tional part thereof.
516 LAWS CONCERNING WEIGHTS AND MEASUBES

Sec. 36. Cord, load.—No cord of any length wood shall contain less than the equivalent of 128 cubic feet of compactly piled wood. Wood

not exceeding sixteen inches in length, edgings, bobbin wood, clippings, slabs and other waste may be sold by the load in the loose;

provided, that a load shall contain 80 cubic feet, three quarters of a load 60 cubic feet, one half of a load 40 cubic feet, and one quarter

of a load 20 cubic feet. No wood shall be sold by the load in any

other dimensions.

Sec. 37. By baskets.—Wood not exceeding twelve inches in length,

edgings, bobbin wood, clippings, slabs and other waste may be sold

by the bushel: Provided, That the baskets or similar receptacles

used shall be of one bushel or multiple thereof. New Hampshire

standard dry measure, and shall be filled at least level full when well

shaken.

Sec. 38. Vehicles, markings.—Whoever sells or offers for sale such

wood by the load in the loose, shall specify upon the outside of the

delivery vehicle the cubic contents thereof, in figures at least one

inch high.

Sec. 39 (al919). Inspecting.—The commissioner shall require the

inspectors and sealers to measure the cart bodies or containers used

in the delivery of wood by the standard load, to see if they contain

the contents specified.

Sec. 40 (1917). Sale of bread.—It shall be unlawful for any person

to make for sale, sell, offer to sell or procure to be sold any bread

unless each loaf is enclosed in a wrapper plainly showing its weight

and the name of the manufacturer thereof, the size of stamp and type

used to be specified by the commissioner.

Sec. 41. Specifications.—The commissioner shall, after consultation

with and with the advice of the National Bureau of Standards,

establish specifications and tolerances for weights and measures and

weighing and measuring devices, and said specifications and toler- ances shall be legal specifications and tolerances in this State, and

shall be observed in all inspections and tests. Sec. 42. Hawkers, etc.—No license shall be issued to any hawker,

peddler or itinerant A^endor unless he presents a certificate from the

sealer of weights and measures, showing that the weights or measures

used by him have been properly inspected, tested and sealed immediately preceding the issuance of such license. Upon conviction of any

hawker, peddler or itinerant vendor of any violation of the provisions of this chapter, such license shall be revoked.

Sec. 43 (al919). Disposal of fines.—The justice or judge of any court,

before whom a complaint for violation of this chapter is prosecuted,

shall, within sixty days after any fine is paid, remit the amount

thereof to the State treasurer. Public Laws, 1926, Vol. 1, ch. 165, p. 628.

Sec. 1 (1917). Standard barrels; boxes.—The standard barrel made

of wood for apples shall be of the following dimensions when meas- ured without the distention of its parts: Length of stave, 28%

inches; diameter of head, 17% inches; distance between heads, 26

inches; circumference of bulge outside measurements, not less than

64 inches; representing as nearly as possibly 7,056 cubic inches, A
NEW HAMPSHIRE 517

barrel made of any other material must contain not less than 7,056

cubic inches. The standard box for apples shall be of the following

dimensions: Inside measurements, 18 inches x III/2 inches x lOy^

inches without any distention of parts, representing as nearly as possible 2,174 cubic inches.

Sec. 4 (al925). Size or count.—The minimum size or numerical

count of the fruit in all grades, including the unclassified, shall be

marked upon the package and may be designated by figures instead

of words. The minimum size shall be determined by taking the transverse diameter of the smallest fruit in the package at right

angles to the stem and blossom end, and shall be stated in variations

of one-quarter of an inch, such as two inches, two and one-quarter

inches, and so on, in accordance with the facts. The word " minimum " may be designated by using the abbreviation "min."

Sec. 5 (1917). Closed package.—A package whose contents can not

be seen or inspected shall be deemed a closed package. Every such

package of apples which is packed, sold, distributed, offered or ex- posed for sale, Avithin or without the State, by any person, shall have

marked in a conspicuous place on the outside thereof in plain letters a statement clearly and truly stating the quantity of the contents,

the name and address of the packer, or the person by whose authority

the apples were packed, and shall be marked with the true name of

the variety, the grade and the minimum size of the apples contained

therein and the name of State where grown. * *

* Sec. 7. Marking.—Barrels shall be marked or branded as prescribed herein in block letters and figures of size not less than thirtysix point Gothic. The commissioner of agriculture shall prescribe

rules and regulations consistent herewith relative to branding other

closed packages.

Public Laws, 1926, Vol. 1, ch. 47, p. 203.

Sec. 36 (al879). Other town officers, choice.—Any town, at the an- nual meeting, may choose, by major vote, one or more * * * measurers of wood and bark, survej'ors of lumber, cullers of staves

* * *, and such other officers as it may judge necessary for managing its atfairs, who shall severally perform the duties prescribed

by law.

Public Lav/s, 1926, Vol. 1, ch. 54. p. 223.

Sec. 12 (al923). By-laws; ordinances; markets; sales. —The city

councils shall have power to make all such salutary and needful

by-laws as towns and the police officers of towns and engineers or fire wards by law have power to make, and to annex penalties, not exceeding twenty dollars, for the breach thereof; and may make, establish,

publish, alter, modify, amend and repeal ordinances, rules, regulations and by-la vs's for the following purposes:

XI. To establish markets and market places; regulate the place

and manner of selling and weighing hay, selling pickled and other

fish, and salted and fresh provisions; selling and measuring wood,

lime, coal and other heavy articles; and to appoint suitable persons

to superintend and conduct the same; to prevent and punish forestalling and regrating; and to restrain every kind of fraudulent

device and practice.
518 LAWS CONCERNING WEIGHTS AND MEASURES

Public Laws, 1926, Vol. 1, cli. 139, p. 514.

Sec. 7 (al913). Foods.—Foods shall also be deemed to be misbranded in the following cases ; * *

* III. If in package form, the quantity of the contents be not

plainly and conspicuously marked on the outside of the package

in terms of weight, measure or niimerical count: Provided^ That

reasonable variations shall be i^ermitted, and tolerances and also exemptions as to small packages shall be established, by rules and

regulations made in accordance with the provisiojis of section 12. Public Laws, 1926, Vol. 1, ch. 162, p. 602.

Sec. 11 (1923). Sale and shipment of farm produce in standard boxes

authorized; size of boxes prescribed.—Farm produce may be sold in, or shipjjed from, New Hampshire at either wholesale or retail in

standard boxes, in original or unbroken form, and such standard

boxes shall contain two thousand one hundred sixty-two and eightynine one-hundredths cubic inches and shall be of the following dimensions by inside measurements : seventeen and one-half inches in

length by seventeen and one-half inches in width and seven and

one-sixteenth inches in depth. The New Hampshire standard halfbox for farm produce shall contain one thousand eighty-one and

fifty-five one-himdredths cubic inches, and shall be of the following

dimensions by inside measurements : Twelve and three-eighths

inches in length by twelve and three-eighths inches in width and

seven and one-sixteenth inches in depth. When the above specified

boxes are made of wood the ends shall be not less than five-eighths

of an inch, and the sides and bottom not less than three-eighths

of an inch in thickness. All such boxes and half boxes of the di- mensions specified herein shall be marked on at least one outer

side in bold, uncondensed capital letters, not less than one inch in

height : " Standard Box Farm Produce " and " Standard Half Box

Farm Produce," respectivel}^ Except as above provided, farm produce shall be sold at wholesale or retail by avoirdupois weight, measure or numerical count.

Sec. 12. Falsely representing box to be standard box, how punished.

Whoever represents, by marking or otherwise, any box or half-box

to be a standard box or standard half-box for the sale of farm

produce, unless it conforms to the foregoing requirements, shall be

fined not more than fifty dollars.

Sec. 13. Commissioner of weights and measures to enforce act.—The

commissioner and inspectors of weights and measures shall enforce

the provisions of this subdivision.

Sec. 16 (1873). Cord wood, how measured.—All cord wood exposed

for sale shall be either four feet, three feet or two feet long, including half the kerf, and, being well and closely laid together, a quantity measuring eight feet in length, four in width and four in height

shall constitute a cord.

Sec. 17 (1883). Measurers of wood and bark; duties and fees.—It shall be the duty of measurers of wood and bark to measure any wood

or bark whenever requested, and to give a certificate thereof; and

they shall be paid for the service, by the party requesting the same,

forty cents for each hour or fractional part of an hour necessarily

spent by them, when the quantity to be measured exceeds twenty

pords, and four cents a cord when it is twenty cords or less.
NEW HAMPSHIRE 519

Sec. 18. Refusing or neglecting; penalty.—If any measurer, upon

tender of his fees, shall unreasonably neglect or refuse to measure

or certify any wood or bark brought to him for that purpose, or

shall give any false certificate, he shall for each offense forfeit five dollars.

Sec. 19 (1870). Contracts for purchase and sale of cotton, hov/ constructed.—All contracts for sale and purchase of raw or unmanufactured cotton, made within this State, shall be taken and deemed

to be contracts for sale and purchase at actual weights, exclusive

of the weight of bagging, rope, iron ties or straps, or any other

material in which the cotton may be packed.

Sec. 20. Marking of bales.—Where there is no special agreement as

to the amount of tare to be allowed on eacli bale, every bale of raw

or unmanufactured cotton sold or offered for sale within this State

shall have legibly marked upon it, or upon some tag securely fixed

thereto, the gross weight of such bale and the aggregate weight of

the bagging, rope and ties, or other materials in which the cotton

is packed, together with the name of the weigher.

Sec. 21. Tare, how ascertained.—For the purpose of ascertaining the

weight of the packing material upon cotton, according to the provisions of this subdivision, and in the absence of a special agreement

as to tare, it shall be lawful to weigh by sample; but there shall be an actual weighing of the packing materials of at least one bale

in ten of each lot, after the same shall have been stripped or removed

from the bale.

Sec. 39 (1907), Ice to be Vi^^eighed on delivery; penalty.—A dealer in

ice who, on request of the purchaser, refuses or neglects to weigh the same when delivered, or gives a false weight, shall be fined not more

than fifty dollars.

Sec. 40. Employee.—Whoever, having charge of the delivery of ice from a wagon, not being a dealer in ice, refuses to weigh the same

on the request of the purchaser when it is delivered, or gives a false

Aveight, shall be fined not more than ten dollars.

Sec. 41 (1923). Coal standards.—The public service commission shall

fix reasonable standards with respect to the amount of bone, slate or

other foreign substances which may be contained in anthracite coal

sold as standard coal within this State. Such standards shall be set forth in an order or orders, and shall take effect at such time as

shall be stated therein and remain in force until modified by the commission. In fixing such standards due regard shall be had for the

custom of the trade as carried on by reputable dealers, and the

orders of the commission shall be designed to protect the public from

imposition.

Sec. 42. Sales.—No person shall sell or offer for sale any anthracite coal which does not comply with the standards fixed in accord- ance with section 41 without first notifying the purchaser of the

character and quality of the coal sold or offered for sale, and that

the same does not comply with such standards.

Public Laws, 1926, "Vol. 1, ch. 163, p. 613.

Sec. 11 (1901). Milk inspectors to secure certificates of competency.—

Every milk inspector in any city or town in this State, or whoever,

either for himself or in the employ of another, manipulates the Babcock test or any other test, whether mechanical or chemical, for the
520 LAWS CONCERNING WEIGHTS AND MEASURES

purpose of measuring the contents of Jjutter fat or solids in milk

or cream as a basis for apportioning the value of such milk or cream, or the butter or cheese made from the same, shall, except as provided in section 70, procure from the superintendent of the dairy

department of the New Hampshire College of Agriculture and the

Mechanic Arts, a certificate showing that the holder is competent

and well qualified to perform such work. The fee for issuing such

certificate shall in no case exceed one dollar, the same to be paid by

the applicant to said superintendent, and to be used by the superintendent in meeting the expense incurred by him under this section.

Sec. 12. Instruments to be tested.—Every instrument or piece of

glassware used for testing or measuring milk or cream, at any creamery, butter factory, cheese factory or condensed milk factory in

determining the value of milk or cream received from different

persons, or by any milk inspectors in any city or town in this State,

shall be tested for accuracy of measurement, and for the accuracy

of the per cent scale marked thereon, by said superintendent or by some competent person designated by him. The superintendent or person thus designated shall mark such instruments or glassware

with such marks or characters as cannot be erased, which marks

or characters shall stand as proof that they have been so tested, and

no incorrect instruments or glassware shall be thus marked. The

superintendent shall receive for such service the actual cost incurred

and no more, the same to be paid by the person for whom the test

is made.

Sec. 13. Record of certificates and tests.—He shall keep a record of

all persons to whom certificates are issued, with the dates thereof,

and of the number and description of all instruments and pieces

of glassware inspected and marked, and for whom each was in- spected.

Sec. 14. Milk testing regulations.—An}' person who tests milk or cream contrary to the provisions of this subdivision, or who tests milk or cream to determine or apportion its value with appliances

that have not been inspected and marked hj the authorities herein

named, .shall be fined not less than five dollars for each week that

he serves or that such unmarked and untested appliances are used.

Sec. 27 (al869). Measure of milk.—Milk shall be bought and sold

b}- wine measure, the standard for which shall be two hundred and

thirty-one cubic inches to the gallon, and for subdivisions of the

gallon in the same jDroportion.

Sec. 28. Measures for milk to be tried and proved by standard of wine

measure.—All measures or vessels used in the sale of milk shall be

tried and proved by the standard of wine measure, and the quantity

they hold agreeably to such standard shall be marked thereon. Any

person selling any milk by any other than measures so tried, sealed,

and marked, shall be fined ten dollars.

Sec. 29 (al873). Milk cans to be sealed and marked annually.—All

milk cans used by persons engaged in the business of purchasing

milk at wholesale, shall be sealed annually by the sealer of weights

and measures in the city or town where the purchaser resides; and

no milk can shall be sealed which does not contain one or more

quarts, and the capacity of the can shall be legibly marked upon

it by the sealer.
NEW HAMPSHIRE 521

Sec. 30 (1873). Capacity.—When milk is purchased by the can, such can shall hold eight quarts of milk and no more.

Sec. 31. Penalty.—Any person violating the provisions of the two

preceding sections shall be fined not more than fifty dollars.

Sec. 57 (1925). Testing samples.—The commissioner, or his deputy,

may enter upon the premises of a receiving station and upon any

place where milk or cream is received for transportation, and take

samples drawn for the purpose of testing butter fat content or the

various constituents of milk or cream, which is on the premises or

in the possession of an employee, or may take samples from vendors'

deliveries for the purpose of testing the same.

Sec. 63. Inspection of apparatus.—The commisisoner or his deputy

may enter the premises of any receiving station and may inspect or test all apparatus and materials used in weighing or making

tests of the product received, for the purpose of determining the

accuracy of the same, and may order any apparatus to be repaired, or may condemn the same or any part thereof, or any materials used

in making tests. Sec. 64. Rules.—The commissioner may give such instruction and

make such regulations concerning the taking of samples of milk and

cream, making the butter fat test and computing the results thereof,

as he deems proper.

Sec. 70. Testers' licenses.—Any person who manipulates the Babcock test or any other mechanical or chemical test, for the purpose

of measuring the percentage of butter fat or solids in milk or cream

as a basis for paying for product purchased by a receiving station,

shall procure from the commissioner a license showing that the

holder is competent and qualified to perform such work, the competency and qualification of such testers to be determined by examination by the State dairy inspector.

Public Laws, 1926, Vol. 1, ch. 167, p. 654.

Sec. 1 (1901). Duties of surveyors of lumber.—Surveyors of lumber

shall survey all plank, boards, spars, slit work, shingles, clapboards

and timber previous to the sale thereof, and shall measure the same

if necessary, having due consideration for drying and shrinking,

making reasonable allowance for rot, knots and splits. They shall mark the same anew according to the just contents thereof, if re- quested by the seller or purchaser, and give a certificate of the

quantity and sorts, if required, on payment therefor.

Sec. 3. Standard thickness of plank.—The standard of thickness of

merchantable plank shall be two inches, and when any plank of a

different thickness shall be purchased it shall be admeasured and

calculated by that standard.

Sec. 4. Ship timber, how measured.—All round ship timber shall be

measured according to the following rule: A stick of timber s'xteen inches in diameter and twelve inches in length shall constitute one

cubic foot, and in the same ratio for any other size and quantity;

forty feet shall constitute one ton.

Sec. 5. Timber by thousand, how measured.—All round timber, the

quantity of which is estimated by the thousand, shall be measured

according to the following rule : A stick of timber sixteen inches in

diameter and twelve inches in length shall constitute one cubic
522 LAWS CONCERNING WEIGHTS AND MEASUBES

foot, and the same ratio shall apply to any other size and quantity.

Each cubic foot shall constitute ten feet of a thousand.

Sec. 6. Measuring round timber.—Any person measuring round

timber, the quantity of which is estimated by the thousand, shall

mark upon each log surveyed by him the contents thereof, unless

it is otherwise agreed by the parties contracting.

Sec. 7. Shingles, sizes of.—All shingles offered for sale in this State

shall be straight, four inches wide, free from shal^es and worm holes

;

shall be split or sawed in a longitudinal direction crosswise the grain,

and shall be designated and laiown according to their quality as No. .1, No. 2, No. 3, or refuse. Shaved shingles No. 1 shall be eighteen inches long, seven-sixteenths of an inch thick at the butt end, shall be free from knots

and sap, and shall be breasted.

No. 2 shall be at least seventeen inches long, three-eighths of an inch thick at the butt end, and clear of knots and sap. No. 3 shall be at least fifteen inches long, and three-eighths of an

inch thick at the butt end * *

*

Sec. 8. Admeasurement; number in bundle.—No shingles shall pass

inspection unless so packed as to contain by admeasurement one

quarter of a thousand in each round bunch, and either one thousand

or one half or one quarter of a thousand in each square bunch. Each

bunch or bundle shall be branded upon the butt. No. 1 No. 2 No. 3

refuse or O, according to the quality ; and also with the abbreviation

N. H., which brand last mentioned shall be furnished by the town.

Sec. 10. Staves, hoops, etc., sizes of; pipe staves; hogshead staves; barrel staves; white oak staves; red oak staves; splitting; shooks; headings; hoops; counted by decimal hundred.—All white oak butt staves

shall be at least five feet in length, five inches wide, and one inch

and a quarter thick on the heart or thinnest edge and every part

thereof.

All white oak hogshead staves shall be at least forty- two inches

long, four inches broad in the narrowest part and not less than one

inch thick on the heart or thinnest edge.^

All white oak hogshead staves shall be at least forty-two inches

long, and not less than three-quarters of an inch thick on the heart

or thinnest edge.

All white oak barrel staves for foreign market shall be thirtytwo inches long, and for home use shall be thirty inches long, and

all shall be half an inch thick on the heart or thinnest edge.

All white oak hogshead and barrel staves shall be, one with

another, four inches in breadth, and none less than three inches in

breadth in the narrowest part, and those of the last breadth shall be clear of sap. All red oak hogshead and barrel staves shall be of the same length,

width and thickness with the white oak hogshead and barrel staves

aforesaid.

All staves shall be well and proportionately split.

2 This paragraph has apparently been changed unintentionally. It read as follows in the former compilation of laws entitled, Public Statutes and Session Laws, in force .January 1, 1901 : " All white oak pipe staves shall be at least four feet eight inches

long, four inches broad in the narrowest part, and not less than one inch thick on the beart or thinnest edge,"
NEW HAMPSHIRE 523

All shocks shall be forty inches long, and not less than two and

a half inches wide at the ends, and full half an inch thick when

dressed.

All white oak hogshead heading shall be one inch thick, thirty

inches long, and not more than five pieces to one head.

All hogshead hoops shall be made of white oak, brown ash or walnut, of good and sufficient substance, well shaved and either

ten, twelve, or fourteen feet in length ; the oak and ash hoops shall not be less than one inch broad, and the walnut hoops not less than

three-quarters of an inch broad; all hoops of ten, twelve, and

fourteen feet respectively shall be made up in distinct bundles

by themselves containing twenty-five hoops each; and each bundle

intended for exportation shall be branded on the band thereof with

the brand of the town whence exported.

All hoops and staves shall hereafter be counted and sold by the

decimal hundred.

Public Laws, 1926, Vol. 1, ch. 184, p. 712.

Sec. 1 (al915). Feeding stuflf to bear statement of weight.—Every

person who shall sell, offer, or expose for sale or for distribution in

this State any concentrated commercial feeding-stuff used for feeding farm livestock shall furnish with each car or other quantity

shipped in bulk, and shall affix to every package of such feeding

stuff, in a conspicuous place on the outside thereof, a plainly printed

statement clearly and truly certifying the number of net pounds in

the package sold or offered for sale, the name or trade-mark under

which the article is sold, the name of the manufacturer or shipper,

the place of manufacture, the place of business, * * *

Sec. 2. When sold at retail; certificates.—Whenever any feedingstuff is sold at retail in bulk, or in containers belonging to the purchaser, the agent or dealer, upon request of the purchaser, shall furnish to him the certified statement named in preceding section.

Sec. 13 (1923). Vendors of corn or other foods for livestock shall fiir- nish printed statement showing net weight, v/hen.—Every person who

shall sell, offer, or expose for sale in this State any corn, whole,

ground or cracked, oats, rye, barley, wheat or buckwheat, used for

feeding livestock or poultry, shall furnish with each car or other

quantity shipped in bulk a plainly printed statement showing net weight and grade, as hereafter provided, and shall affix to each bag

of grain a plainly printed statement or tag, showing the grade of

goods and net weight contained therein, and the name and address

of the dealer selling the same if the grain be below the following

standards: Below No. 1 for clipped oats; below No. 2 for natural

oats, rye, barley or buckwheat.

Public Laws, 1926, Vol. 1, ch. 185, p. 715.

Sec. 1 (1915). Fungicides and insecticides; labeling.—Every lot or package of fungicide or insecticide which is manufactured, sold, dis- tributed, or offered or exposed for sale in this State shall have affixed

in a conspicuous place on the outside thereof a plainly printed state- ment clearly and truly stating the net weight in the package or

container, the name or trade-mark under which the article is sold,
524 LAWS CONCEENING WEIGHTS AND MEASURES

the name and address of the manufacturer or shipper, the place of

manufacture, * * *.

Public Laws, 1926, Vol. 1, oh. 186, p. 718.

Sec. 1 (1901). Packages, how to be marked.—Every lot or parcel of

commercial fertilizer or fertilizer material sold or offered or exposed

for sale within this State shall be accompanied by a plainly printed

statement, clearly and truly certifying the number of net poimds of

fertilizer in the package, the name, brand or trade-mark under which

the fertilizer is sold, the name and address of the manufacturer or

importer, the location of the factory, * * *

Public Laws, 1926, Vol. 1, oh. 42, p. 179.

See. 76 (1923). Standard time defined; establishment of other systems

of time by municipality unlawful.—The standard time within the

State shall be based on the mean astronomical time of the seventyfifth degree of longitude west from Greenwich, known and designated by the Federal statute as "United States standard eastern time." It shall be unlawful for any town or other municipality to vote for, or otherwise establish, any other system of time. Any

violation of the provisions of this act shall be punishable by a fine of not more than $500.
NEW JERSEY

Suppl., 1911-1915, to Comp. Stats., 1910, p. 1624.

Sec. 1. (1911). Weights and measures defined; superintendent; assist- ant.—The words " weight and measure " or " weights and measures "

as used in this act shall be deemed to mean and to include any

weight, measure, scale beam, patent balance, spring scale, steelyard,

tape, counter measure, receptacle of any kind, or any other instrument or apparatus and accessories connected therewith used in

weighing or measuring any commodity, fluid, or article of merchandise.

The word " superintendent " as used in this act shall be deemed to mean in all instances superintendents of weights and measures. The word " assistant " shall be deemed to mean assistant superintendent of weights and measures.

Sec. 2. Standards.—The standards of weights and measures in this

State shall be those recognized or furnished by the United States.

Sec. 4. Standard ton.—^The standard gross ton shall consist of two

thousand two hundred and forty (2,240) pounds. The standard

net ton shall consist of two thousand (2,000) pounds.

Sec. 5 (al914). Dimensions of cranberry barrel.—The standard

barrel ^ to be used for buying or selling cranberries in this State, or

for transporting the same outside of this State shall be of the

following size when measured without distention of its parts, to wit

Head, sixteen and one-quarter (161/4) inches diameter; staves twenty-eight and one-half (28I/2) inches long; and not more than

four-tenths (x*o) of an inch thick; bilge, fifty-eight and one-half

(5814) inches outside circumference; distance between heads,

twenty-five and one-quarter (25%) inches. Such barrels shall be

branded or stenciled in a durable manner " standard."

Sec. 6 (1911). Cranberry bushel and crates.—The standard measure

for a bushel ^ of cranberries shall be thirty-two (32) quarts, rounded

measure; that crates (or boxes) to be used for buying or selling

cranberries in this State or for transporting the same outside of

this State shaU be of the following size, to wit: Twenty-two (22)

inches in length, twelve (12) inches in depth and seven and onehalf (7%) inches in width inside clear measure.

Sec. 7. Use of liquid measures.—No person shall use a liquid measure

in the purchase or sale of other than liquid commodities.

Sec. 8. Coal and grain sold by weight; proviso; delivery tickets; provisos.—All grain, coal, coke or charcoal, regardless of quantity, shall

be sold by weight. No person, firm or corporation shall deliver or cause to be delivered any grain or coal in amounts exceeding one hundred pounds without each sale or delivery being accom- panied by a dBlivery ticket and duplicate thereof: Provided^ That

1 See footnote, p. 20, relative to Federal standard barrel.

525
526 LAWS CONCEKNIjSrG WEIGHTS AKD MEASUEES

there shall be a delivery ticket and duplicate thereof delivered with

each load of grain or coal sold and delivered. On both tickets there

shall be distinctly and indelibly expressed, in ink or otherwise, the

quantity or quantities in pounds of grain or coal, coke or charcoal

contained in the cart, wagon or other vehicle used in such delivery,

the name of the purchaser thereof, and the name of the dealer from

whom purchased. One of such tickets shall be delivered to the

person receiving such coal, and the other ticket shall be retained

by the seller of the grain or coal : Provided., however That the provisions of this section shall not apply to grain, coal, coke or charcoal sold to be delivered by the entire car or cargo direct from the

vessels, boats or cars containing the same to one designation [destination] , and accepted by the purchaser on the original bill of lading or

invoice as proof of weight: Provided further, Grain, coal, coke, or charcoal in quantities less than one hundred pounds may be sold by

the standard dry measure.^

Sec. 8a (1912). Capacity of bottles for milk and cream; variations per- missible; vessels marked; designating number.—Bottles used for the

sale of milk and cream shall be of the capacity of half-gallon, three

pints, one quart, one pint, half-pint and one gill, filled full to the

bottom of the cap ring or stopple. The following variations on

individual bottles or jars may be allowed: Six drams above and six

drams below on the half-gallon; five drams above and five drams

below on the three pints: four drams above and foLir drams below

on the quart"; three drams above and three drams below on the pint;

two drams above and two drams below on the half-pint, and two

drams above and two drams below on the gill. Bottles or jars used

for the sale of milk shall have clearly blown, or otherAvise permanently marked, in the sides or bottom of the bottle the name,

initials or trade-mark of the manufacturer and a designating number, which designating number shall be different for each manufacturer and may be used in identifjdng the bottles. The designating number shall be furnished by the State superintendent of

weights and measures upon application by the manufacturer, and a record of the designating numbers and to whom furnished shall be

kept in the office of the superintendent of weights and measures.

Sec. 8b. Penalty for noncompliance; dealer's responsibility.—Any

manufacturer Avho sells milk and cream bottles to be used in this

State that do not comply as to size and marking with the provisions

of this act shall suffer a penalty of five hundred dollars, to be re- covered in an action of debt to be brought by the State superintendent of weights and measures, and the penalty, when recovered, shall

be paid into the treasury of this State. Any dealer who knowingly

uses for the purpose of selling milk or cream jars or bottles purchased after this law takes effect that do not comply with this sec- tion as to marking the capacity shall be guilty of a misdemeanor.

Sec. 8c (1914). lYuit, berries, and vegetables, containers for.—No per- son shall sell or deliver, or have in possession with intent to sell or

deliver, any fruit or fruits, berries or vegetables, contained in any

basket, box or other container, unless such basket, box or other container shall be of the capacity, in standard dry measure, of thirty2 So much of this law as relates to the use of dry measures for determining amounts or

quantities is repealed by Public Laws, 1924, ch. 59, infra.
NEW JERSEY 527

two, twenty, sixteen, eight, four or two quarts, or one quart or one

pint: Provided, however, That nothing in this act contained shall

be construed to apply to the sale or delivery, or the possession, with

intent to sell or deliver, of any fruit or fruits, berries or vegetables

contained in any sealed can, jar or bottle, or which are sold by the

barrel, except cranberries, which may be sold in standard crates or

barrels, of the standard measure as provided by the act to which this

act is a further supplement.

Sec. 8d. Capacity of container plainly marked.—No person except as hereinbefore provided shall sell or deliver or have in possession

with intent to sell or deliver, any fruit or fruits, berries or vegetables, contained in any basket, box or other container, imless such

basket, box or other container shall have legibly marked on the outside thereof, by the manufacturer thereof, in English letters or Arabic numerals, the exact capacity of said basket, box or other container, and unless said basket, box or other container shall also contain the name and address of the manufacturer thereof, painted

or written thereon, legibly in the English language ; provided, however, that any manufacturer of any such baskets, boxes or other

containers may mark thereon, in lieu of his name and address, a sign or symbol furnished him by the superintendent of weights

and measures of this State.

Sec. 8e. Penalty; collection of penalty.—Any person violating any

of the provisions of this act shall be liable to a penalty of not less than five nor more than one hundred dollars for each offense. Such

penalty may be sued for and recovered by the State superintendent

of weights and measures or by the coimty or municipal superintendent of weights and measures of the county or mimicipality in

which such violation occurred. The proceedings for the collection

of such penalt}' shall be in all respects the same as the proceedings

for the collection of penalties under and by virtue of the provisions

of the act to which this act is supplemental with the amendments

and supplements thereof, including any amendments and supplements which may hereafter be passed or become effective.

Sec. 8f. " Person " defined.—The word " persons " as used herein,

shall include copartnerships and corporations.

Sec. 8g. Repeal.—An act entitled "A supplement to an act entitled

'An act to establish a uniform standard of weights and measures

in this State, to establish a department of weights and measures, and to provide penalties for the use of other than standard or legal

weights and measures,' approved April twenty-fourth, nineteen hundred and eleven," which said supplement was approved March

twelfth, nineteen hundred and thirteen, is hereby repealed.

Sec. 9 (1911). Superintendents and assistants; organization.—The department of weights and measures shall consist of a State

superintendent, of assistant State superintendents, of county superintendents and assistant county superintendents and of a municipal

superintendent and assistant municipal superintendents of weights

and measures, as hereinafter provided. Each person appointed as hereinafter provided as either superintendent or assistant superintendent shall, before entering upon his duties, take an oath of

office, as provided by law.

517—26 34
- 528 LAWS CONCEENING WEIGHTS AND MEASTJEES

Sec. 10, as amended by Laws, 1920, ch. 209, p. 404. Appointment of State and county superintendents; municipal superintendents.—The governor, by and vrith the advice and consent of the senate, shall appoint

a State superintendent for a term of five years. The governing bodies

of the respective counties shall designate the county superintendent.

The governing body of any municipality having a population of

sixty thousand or over shall by ordinance jDrovide for the office of

municipal superintendent of weights and measures and shall desig- nate the municipal superintendent. When such municipal body shall have adopted such ordinance, and shall have designated such superintendent the clerk of such municipality shall file with the State

superintendent a certified copy of such ordinance and such designation, which shall be entered upon the records of the State superintendent. The governing body of any municipality, other than

municipalities above referred to, may by ordinance provide for the

office of municipal superintendent of weights and measures and may

designate the municipal superintendent. When such municipal body

shall have adopted such ordinance the clerk of such municipality

shall forthwith file with the State superintendent a certified copy,

and the person so designated shall forthwith be entered upon the

records of the State superintendent as the municipal superintendent

of weights and measures." Any person now holding office as a county

or municipal superintendent of weights and measures, and all persons appointed as in this act provided, shall hold their said offices under and by virtue of the provisions of an act entitled "A supplement to an act entitled 'An act to establish a imiform standard of

weights and measures in this State, to establish a department of

weights and measures and to provide penalties for the use of other

than standard or legal weights and measures,' approved April twentyfourth, one thousand nine hundred and eleven," which said supplement was approved March twenty-first, one thousand nine hundred

and twelve.

Sec. 11. Assistants; honorary superintendents.—The State superintendent may appoint three assistant State superintendents. The

respective county and municipal superintendents may, upon resolution of the respective governing bodies of said counties or municipalities appoint assistant county or municipal superintendents. The

number of such superintendents and assistant superintendents for

such county or for such municipality shall be fixed by the governing

body of such county or such municipality. No other persons shall be engaged within the State for compensation in the capacity of

superintendent, sealer or inspector of weights and measures; nor

shall any other person act in any official capacity as such superintendent, sealer or inspector, provided that the State superintendent

may at his discretion temporarily appoint honorary or special superintendents with all the powers of the regular county or municipal

superintendents. Such honorary or special superintendents shall serve without compensation.

Sec. 12, as amended by Laws, 1925, cli. 157, p. 397. Qualifications for superintendents.—The State superintendent shall possess scientific and

technical knowledge of the construction and use of standards of

weights and measures. All county and mimicipal superintendents

and all assistant superintendents shall be persons of sufficient scien-
NEW JERSEY 529

tific knowledge to properly inspect, examine and report on the technical condition of said standards. All county superintendents of

weights and measures now holding such positions, in counties which

have adopted the provisions of the civil service act, shall be placed

in the classified service thereof, and shall continue in such positions,

and all municipal superintendents of weights and measures, in municipalities which have adopted the provisions of the civil service

act, shall continue in said positions, subject to the provisions of the

civil service law.

Sec. 12a, as amended by Laws, 1920, ch. 210, p. 406. Tenure of office of superintendents and employees.—The county superintendents and municipal superintendents of weights and measures appointed by the

governing body of the respective counties or the governing body of

any municipality or other governing bodies, and the secretaries and

assistant superintendents appointed by the respective governingbodies or by the respective county or municipal superintendents of

weights and measures, upon resolution of said governing bodies, shall

hold their office during good behavior, and shall not be removed,

discharged or reduced in pay or position except for inefficiency, in- capacity, conduct unbecoming an employe or other just cause, and

until the said officials shall have been furnished with the written statements of the reasons for such removal, discharge or reduction,

and shall have been given a reasonable time to make written answer

thereto. Nor shall such removal, discharge or reduction be made

until the charge or charges shall have been examined into and found

true in fact by the governing board or body of such county or municipality appointing the said superintendent or superintendents, sec- retaries or assistant superintendents at a hearing, upon reasonable

notice to the person charged, at which time he may be represented

by counsel and offer testimony of witnesses or any other evidence in

his own behalf.

Sec. 12b (1912). Clerical assistance.—The State superintendent of

weights and measures is hereby authorized to appoint not more than

two clerical assistants as he may deem necessary, the salary of such

clerical assistants to be paid out of the treasury of this State, in such

amounts as shall be fixed and determined upon by said State superintendent. The total amount for such services shall not exceed the

sum of two thousand and four hundred dollars in any one year.

Sec. 13, as amended by Laws, 1920, ch. 333, p. 595. Salaries of superintendents and assistants.—The salary of the State superintendent of

weights and measures shall be forty-five hundred dollars per annum. The salaries of the assistant State superintendents shall be fixed by

the State superintendent of weights and measures in accordance with

the schedules provided by the State civil service commission. The

salary of the county and assistant coimty and municipal and as^ sistant municipal superintendents shall be fixed by the governing

body of such county or municipality, as the case may be; such sal- ary shall be paid in the manner and at the time now or hereafter

provided by law, but the salary of no county or assistant county or municipal or assistant municipal superintendents, now in office, shall be decreased or diminished during his incumbency of such office or position.

Sec. 13a (1912). Expenses of county superintendents.—In addition (o

the salary provided by law or by the governing bodies appointing a
530 LAWS CONCEENING WEIGHTS AND MEASURES

county superintendent of weights and measures, the said county

superintendents shall be entitled to have and receive the actual

expenses incurred by them personally in performing the duties of

their office, such as transportation, livery, telephone, telegraph and

postal charges, to be paid by the board of chosen freeholders of their

respective counties on bills itemized and properly sworn to. Sec. 14 (1911). Authority of superintendents.—The State superintendent and aU assistant State superintendents, county and municipal superintendents and their assistants, shall have full power and

authority to weigh or have weighed grain, coal, or other commodities while in transit from the dealer therein to the purchaser thereof,

either at the request of the buyer or on the initiative of the superintendent or his assistant, either State, county, or mimicipal, and

it shall be the duty of the State superintendent to send his assistant

into any county of the State where county superintendent had not

been appointed, and said superintendent may send said assistant

into any county of the State, and the expenses of said assistant in- spectors while making said tour of inspection shall be paid out of

the fund provided by law for the department of weights and

measures.

Sec. 15. Duties of superintendents of weights and measures; possession,

keeping, and certification of standards; supervising authority.—It shall

be the duty of each county and municipal superintendent to take

charge of all copies of the standards adopted by this act as the standards of the State, which shall be by order of the State superintendent

entrusted to his care as the official standard of such county or municipality; and shall take all other precautions necessary for their

safe-keeping and for their maintenance in good order. The State

superintendent shall be the custodian of all standards now the property of the State received by law from the Federal Government or which may hereafter be legally procured from or certified to by the

National Bureau of Standards, and he shall submit all standards of

said State once in ten years to the said National Bureau of Standards for certification. He shall correct the standards of the several

counties and municipalities, and shall at least once in five years

compare the same with those in his possession.

The State superintendent shall have general supervision of the

administration of the provisions of this act; shall make such rules

for the administration of the affairs of his office and of the offices of the county and municipal superintendents as may be necessary

for its proper enforcement. He shall have general supervision over the Avork of the said county and municipal superintendents.

The assistant State superintendents shall be under the direct control of the State superintendent; the asssitant county and assistant

municipal superintendents shall be under the direct control of the

superintendent of their respective counties or municipalities, and

shall have all the powers and authority of a superintendent of

weights and measures in making inspections and measurements.

See. 16. Jurisdiction of county officers.—The jurisdiction of the

county superintendents of weights and measures and their as- sistants shall extend throughout the county for which ihej were

appointed except there be appointed municipal superintendents as above provided, in which case the jurisdiction of the county superin-
NEW JERSEY 631

tendents will not extend to such inimicipalities. But nothing in

this act shall prevent any county or municipal superintendent or

assistant from making official inspections in an}' municipality in this

State upon the designation of the State superintendent.

Sec. 17, as amended by Laws, 1918. eh. 11, p. 68; tests; seal of coiTect- ness; weights and measirres tested and sealed annually.—Upon the re- quest of any citizen, firm, corporation or other interested party

made to the State superintendent or any municipal or coimty superintendent, such superintendent shall cause test to be made of any

weights or measures; and if such weight or measure be found correct, or be made correct, such superintendent or assistant shall affix thereto the seal of the department certifying to the correctness

thereof.

It is the purpose of this act that all the weights and measures used

in trade within this State shall be tested and sealed at least once in

each year; and it hereby becomes the duty of every county or municipal superintendent to cause such inspection of the weights and

measures used within his jurisdiction to be made as heretofore

provided.

Sec. 18 (1911). Inspections and rnles for sales; ofl&cial badge.—"Ulien- ever any weight or measure has been duly tested as herein provided

for, and has been found correct, the stiperintendent or assistant making the test shall properly seal the same. If such weight or measure

shall not be fotmd correct or it shall not be possible to make it correct, said weight or measure shall not be used, but shall be disposed

of as hereinafter provided. It shall be the duty of the State superintendent and his assistants to direct and assist the county and mtt- nicipal superintendents in making inspections, and such State superintendent may also make rules and regtdations which shall govern

the sale of commodities. Every person so emplo3'ed under any sec- tion of this act shall devote all his time to the duties of the office. Each superintendent and assistant superintendent shall be furnished

with a badge disj^laying his official number, and shall exhibit the same when demanded at any time during the performance of his

duties. It shall be the duty of the State superintendent to design,

number, register and issue such badges.

Sec. 19, as amended by Laws, 1918, ch. 11, p. 68. Information supplied; records; what to show; annual reports; annual tests in State de- partments.—It shall also be the dut}' of the State superintendent to disseminate such information to the citizens of this State as will

tend to protect them from the use of false weights and measures. Every superintendent shall keep a complete record of all standards

examined by him, and every municipal and county superintendent

shall once in each month, not later than the fifth day thereof, send

to the State superintendent of weights and measures, upon blanks

furnished hy said State superintendent, a report.

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 mmrber of

weights, measures and balances found by such tests to be false; (4)

the number of prosecutions instituted by such superintendents since

the last preceding report, together with the name and address of the

accused, the name of the court where proceedings were instituted.
532 LAWS CONCEENING WEIGHTS AND MEASUEES

and the result of such prosecutions; (5) such other matters as the

State superintendent may from time to time prescribe.

Every municipal and county superintendent shall also make an

annual report in writing of his work to the State superintendent,

which annual report shall be duly subscribed and sworn to by such

su];)erintendent making report and shall be forwarded to the State

superintendent within ten days after the last day of the State fiscal year. Such annual report shall contain a transcript of the reports of

all inspections; and the State superintendent shall within thirty

days after the last day of the State fiscal year make a report to the

legislature, which shall contain, besides any recommendations or suggestions deemed necessary or desirable, an abstract or digest of

the reports of the municipal and county superintendents.

The State superintendent or one of his assistants shall at least once annually test aU weights and measures used in checking the

receipt or disburselnent of supplies in any department or institution maintained wholly or in part by the State. He shall keep a complete record of all the orders and rules of his department, of

all the standards, balances and other apparatus in his custody belonging to the State, and shall take an itemized receipt from his suc- cessor in oifice of all such standards, balances and other apparatus.

Sec. 20 (1911). National standards procured; standards for counties

and municipalities; exclusive use of standards.—It shall be the duty of

the State superintendent to procure a set of standards properly certified by the National Bureau of Standards, which shall be paid for

out of the funds of the State. It shall be the duty of the superintendent of each county or municipality to iDrocure such standards, and the necessary testing and

sealing apparatus, to be paid for out of the funds of the county or municipality, as the case may be. In no case shall said standards, whether furnished by the United

States or duly certified by them, be used by any superintendent for

any other purpose than proving or adjusting standards of weights

and measures as provided for in this act, and all assistant superintendents shall be provided with suitable standards or copies thereof

for use in the performance of their duties.

Sec. 21. OfiB.cial seal; certificates of authority.—The State superintendent shall provide a suitable ofiicial seal to be used by him during

his tertn of office and duly surrendered by him to his successor. He shall also provide for himself ancl for the use of the county

and municipal superintendents, seals or certificates of proper form

and wording to be attached to standards of weights and measures which shall have been approved in pursuance of the provisions of

this act. Sec. 22. Inspection on request of owner; deviation from standard; notifi- cation; correction.—^Whenever any inspection of weights and measures has been made as hereinbefore provided upon the request of the owner thereof, if any weights and measures so inspected shall be

found not to conform to the legal standard, the superintendent or

assistant superintendent shall notify such owner in writing that the

use of such weight or measure is illegal. Within fifteen days after

the serving of such notice the owner thereof shall have such weight

or measure corrected or substituted for another, and notify in writing
NEW JERSEY 533

the superintendent of such county or municipality to that effect, or

shall deliver to such superintendent within s;aid time the defective

weight or measure for confiscation; and for his failure to so do, he

shall be liable to a fine of twenty-five dollars.

Sec. 23. Inspection; deviation; correction; confiscation; penalt3^

Upon the fi.rst official inspection of anj^ weight or measure, except

where the inspection is made upon the request of the owner thereof

as provided for in the preceding section, if such weight or measure

shall be found to deviate from the legal standard, and the deviation

shall be of such nature as not to be easily known or ascertained by

the owner thereof, it shall be lawful for the owner to correct such

weight or measure, so that it may conform to the legal standard, and

upon failing to do so, within two days after such inspection it shall be lawful for the superintendent to take possession of and destroy

such weight or measure. If the said deviation or the causes thereof

shall be patent or easily seen or easily capable of being known by

the owner thereof, it shall become the duty of the superintendent or

assistant superintendent to immediately take possession of and destroy such weight or measure, and the owner thereof shall be liable to a penalty of five dollars in addition to any other penalties and punishments herein provided.

Sec. 24. Incorrectness after sealing.—If any weights or measures

theretofore sealed and certified as correct shall be found thereafter

to be incorrect, the owner thereof shall be liable to a penalty of ten

dollars.

Sec. 25. All weights and measures must be tested within one year;

proviso.—After one year from the passage of this act it shall be un- lawful for any person to buy or sell goods by the use of any weight

or measure which has not been tested and sealed according to the provisions of this act, under penalty of twenty-five dollars: Provided^

That no contract shall be declared void unless one of the contracting

parties has been injured by the use of the weight or measure not

tested and sealed.

Sec. 26, as amended by lav/s, 1918, ch. 11, p. 68. Penalties; recovery of penalty.—Any person who injures or defrauds another by using, or

causes to be used, or has in his possession a false weight, measure or other apparatus for determining the quantity of any commodity, or

article of merchandise, or sells or exposes for sale less than the

(Quantity he represents, shall for the first otfense be liable to a penalty

of not less than twenty-five dollars nor more than fifty dollars, and

for a second offense be liable to a penalty of not less than fifty dollars nor more than one hundred dollars, and for each subsequent offense

shall be liable to a penalty of not less than one hundred dollars nor more than two hundred dollars, or imprisonment for not less than

thirty days nor more than ninety days, or both, the amount of said

penalty to be determined, as aforesaid, in the discretion of the district court or police magistrate having jurisdiction, and if any per- son or persons shall fail to pay the penalty or penalties as imposed,

together with the cost of prosecution, the said court or police magistrate shall issue execution against the goods and chattels and body

or bodies of the defendant or defendants as provided in section

thirty-nine hereof with the same force and effect: Provided^ hoio<- cver^ That the period of detention of ten days provided therein shall in this case be extended to a period not exceeding ninety days.
534 LAWS CONCERNING WEIGHTS AND MEASURES

Sec. 27 (1911). Eetention of false scales a misdemeanor.—A person

who retains in his possession any weight or measure, knowing it to be false, unless it appears beyond a reasonable doubt that it was so retained without intent to use it, or permit it to be used in violation

of the last section, is guilty of a misdemeanor.

Sec. 28. Improper marking.—A ]Derson who knowingly marks or stamps false or short weights, or false tare on any cask or package,

or knowingly sells or offers for sale any cask or package so marked,

is guilty of a misdemeanor.

Sec. 29. Deviation allowable.—The State superintendents of weights

and measures shall fix tolerances or allowable deviations from the

standards as herein prescribed, and he may change the same from

time to time, but in no case shall such allowable deviation be less than one-half of one per centum. No penalty shall be imposed for

such an allowable deviation. It shall be the duty of the inspector,

however, to cause all weights and measures to conform as nearly as possible to the standard, before sealing.

Sec. 30. Each piece a separate violation.-—The use, ownership or possession of each separate weight or measure in violation of any of the

provisions of this act shall be deemed as separate violations thereof.

Nothing herein shall be construed to create a penalty for any deviation in weights or measures from the standard as herein set forth

when such deviation shall be to the disadvantage of the owner thereof.

Sec. 31. Scale of penalties; penalty donMed for second offense.—Any

deviations from the official standards herein prescribed, either in

weights or measures or in packages, crates, barrels or other receptacles

in which any commodity is sold or offered for sale, which shall exceed

the allowable error as set forth in section twenty-nine hereof by more than three times the amount of such allowable error, shall be

punished by a penalty double that otherwise jDrescribed, and should

such deviation exceed such allowable error by more than five times

such allowable error, the penalty shall be three times that otherwise

provided. The penalty or punishment for an offense or penalty

incurred under any of the provisions of this act shall be double that

otherwise prescribed herein, upon its being shown that such person

has heretofore been fined, punished or convicted under the same or any other section of this act, providing the act, or omission upon

which such second penalty or offense is based shall have occurred

after the conviction or recovery for such first offense.

Sec. 32. Presence of v/eights, etc., presumption of use,—For the purposes of this act, proof of the existence of weights or measures in or about any building, inclosure, stand or vehicle in or from which it is shown bujdng or selling is commonly carried on, shall be presumptive

proof of their regular use for such purposes and of their ownership

by the person so using or possessing them, and such facts shall be

deemed to remain established until disproved beyond reasonable

doubt.

Sec. 33. As to authenticity of standards.—Each weight or measure

used by amj superintendent or assistant superintendent as a standard

for testing the weights and measures used in buying or selling shall be stamped or marked by the superintendent of such county or municipality in such manner as he may determine. A certificate which certifies to the correctness of such weight or measure, designating the same by number, and giving the date of its comparison
NEW JERSEY 535

with any of the standard weights and measures deposited with

any State, county or municipal superintendent as in this act provided, shall be presumptive evidence that such weight or measure

has cont.inuoubl}^ since that date of such comparison conformed with

the said standards and the national and State standards. Such certificate shall be signed by the superintendent of the State or the

superintendent of such count}^ or municipality, and any certificate substantially setting forth the above facts and purporting to be

so signed by such a superintendent shall upon its production be

admitted as such presumptive evidence, without further proof of

its authenticity.

Sec. 34. Penalty for hindering official. —No person shall in any way

or manner hinder or molest any duly authorized superintendent

or assistant superintendent in the performance of the duties herein

imposed upon him, under penalty of one hundred dollars for every

such offense.

Sec. 35. Penalty for refusing to exhibit weights, etc., and for altering

sealed weights; penalty for altering sealed weights.—No person shall

refuse to exhibit any weights or measures to any of said superintendents or assistant superintendents for the purpose of being so inspected and examined, nor shall any person refuse to admit such

olScer to his store, or place of business, during the usual hours for

business, nor shall any person who may be buying, selling or delivering goods, liquids or commodities from any wagon or conveyance refuse to permit such officer to examine any weights or measures which may be in or about such conveyance, under the

penalty of twenty-five dollars for every such offense. No person

shall alter or change in any manner any weight or measure, or allow

the same to be done, after the same has been tested and sealed by any

officer or inspector under the authority of this act, so that the same

shall weigh or measure incorrectly, under penalty of one hundred

dollars for each such offense.

Sec. 36. General penalty.—Any person violating any of the provisions of this act for which a specific penalty has not been provided

shall be liable to a penalty of ten dollars.

Sec. 37. ITew scales to he standard; penalty for selling false scales.

Whenever any weight or measure is sold or delivered after sale

to any person within this State for the purpose of use in the purchase of or in the sale of commodities, such weight or measure

shall be of the legal or true standard as heretofore provided in

this act, and any person selling a false weight or measure with

knowledge that it is to be used in weighing or measuring commodities shall be liable to a penalt}' of fifty dollars.

Sec. 38. Action if scale easily arranged to defraud.—"Whenever any

superintendent shall find that a particular weight or measure is so constructed as to facilitate the perpetration of fraud, he may decline to seal the same, and in such case shall report his act to the

State superintendent, who shall thereupon make an investigation,

and if satisfied that its use is prejudicial to the best interests of

the public shall make an order that such standard shall be treated

as an unlawful standard. Such order may be reviewable both as

to the law and to the fact upon application to the supreme court.

Sec. 39 (al913). Recovery of penalties.—An action to recover any

penalty incurred under the provisions of this act may be brought
536 LAWS CONCERNING WEIGHTS AND MEASURES

in the name of the State of New Jersey by any diily appointed

superintendent or any assistant superintendent by complaint in

writing, duly verified by such superintendent or such assistant superintendent, which verification may be upon information and belief, or may be verified by the complaining witness, to be filed with the

police magistrate or the district court of any municipality in this

State alleging the violation in said municipality of any of the provisions of this act or acts supplementary thereto or amendatory

thereof, who is hereby authorized to issue a summons returnable in

from one to ten days from the date thereof, same to be served not

less than two days prior to tlie return thereof, or a warrant directed

to any superintendent or to any assistant superintendent, or to any

constable or police officer commanding him to cause the person or persons so complained of to be summoned or arrested and brought

before such judge or magistrate who shall at the return of the said summons or warrant forthvv'ith in a summary way liear and determine the guilt or innocence of such person or persons, and upon

conviction shall impose upon such person or persons so convicted

the penalty or penalties prescribed for such offense, together with

the costs of prosecution of the proceedings in said court, or before

such magistrate, and if any person or persons shall fail to pay the

penalty or penalties so imposed, togetlaer with the costs of prosecution, execution shall be Issued against his or their goods and chattels,

body or bodies without any order of the court for that purpose first had and obtained. If the officer executing any such writ shall be

unable to find sufficient goods and chattels of said defendant or defendants in his bailiwick to make the amount of said judgment and

costs, he shall take the body of the defendant or defendants and

deliver him or them to the keeper of the common jail of said county

for a period not to exceed ten days, except as may be otherwise in

this act in this respect provided; or until said penalty and costs are sooner paid : Provided^ however^ That the defendant or defendants

may be released upon order of the judge or magistrate before the

expiration of any imprisonment prescribed in default of payment

of any judgment, upon the written order of the committing magistrate or a justice of the supreme court, in the discretion of said

judicial officer, after one day's notice of time and place of application

for such order to the State superintendent of weights and measures.

It shall be the duty of the city attorney of any municipality wherein

such violation shall take place to assist in the prosecution of the same, unless such municipality has no such municipal superintendent of weights and measures, as provided for in section ten hereof

in which case the public prosecutor of the county wherein such violation shall take place, shall assist in such prosecution. All fines and

penalties collected from persons offending against the provisions of

this act shall be paid by the magistrate receiving the same into the

county treasury of such county, unless such penalty was incurred

within a municipality or municipalities having a municipal superintendent, a,s provided in section ten, in which case such penalty

shall be paid into the treasury of said municipality or municipalities

pro rata.

Sec. 39a (1913). Arrest without warrant, summary hearing.—For violation of any of the provisions of the act to which this act and
NEW JERSEY 537

section is supplementary, clone within the view of any superintendent or assistant superintendent of weights and measures, such

superintendent or assistant superintendent is authorized, without

warrant, to arrest the offender or offenders and to conduct him or them before the judge or police magistrate having jurisdiction in

said municipality wherein such arrest is made and offense committed, and such judge or police magistrate is hereby authorized

and required on verified complaint in writing, setting forth the

nature of the offense for which said arrest was made, to be filed then and there with such judge or police magistrate, before the

commencement of the hearing, to hear and determine in a sum- mary Avay the guilt or innocence of such person or persons, and

inflict the penalties provided by law.

Sec. 39b, as amended by Laws, 1918, ch. 11, p. 68. Right of appeal.

Any party to any proceeding instituted under this act may appeal

from the judgment or sentence of the district court or police magistrate to the court of common pleas of the county in which the said

proceedings take place: Provided^ That the party appealing shall,

within ten days after the date of the said judgment, file a written

notice of appeal with the district court or police magistrate, pay

the costs of such proceedings, and deliver to such district court or

police magistrate a bond to the opposite party in double the amount

of the judgment appealed from, with at least one sufficient surety,

conditioned to prosecute the said appeal and to stand to and abide

by such further order or judgment as may hereinafter be made

against said party, which appeal shall act as a stay of execution,

unless said appeal shall be dismissed for want of jurisdiction in the

court appealed to, in which case the district court or police magistrate may issue execution as in this act provided upon the remanding and dismissal of the appeal papers to said district court or magistrate with certified copy of the order of dismissal as aforesaid.

Sec. 39c (1913). Transcript sent to court of common pleas.—Whenever an appeal .shall be taken as afoi^esaid, it shall be the duty of the

district court or police magistrate to send all papers, together with

a transcript of the proceedings in the case to the next term of the

court of common pleas of the said county, if at least five days shall intervene between the rendition of said judgment and the commence- ment of said term of court; but, if otherwise, then said proceeding

shall be brought on and heard at the next subsequent term of said

court, which court shall hear and determine such appeal in the same way and manner as said case was heard and determined by such

district court or police magistrate, who shall render final judgment

therein, upon which judgment in case of affirmance of conviction,

execution directed to the sherifl' as provided in the first instance in

sections twenty-six and thirty-nine hereof may issue: Provided^

however, That if the defendant shall be committed to jail under

any execution provided for in this act, on failure to pay the amount

due of penalty and costs, such commitment shall be construed as a waiver and release of any appeal bond previously given in the

proceeding.

Sec. 40 (1911). Act, how construed.—This act shall be deemed a

public act, and shall be liberally construed. Should any section or
538 LAWS CONCEENING WEIGHTS AND MEASUBES

provision thereof be held unconstitutional or invalid, it shall not be

held to affect any other section or provision hereof.

Sec. 42 (1912). Fruits, vegetables, not to be sold in baskets containing

less than one-half bushel.—Hereafter it shall be unlawful for any

person or corporation in this State to sell any fruit, vegetables and

the like by the basket, which basket shall contain less than half of a

bushel.

Sec. 43. Penalty.—Any person or corporation violating any of the

provisions of this act shall be liable to a penalty of twenty-five

dollars for each offense, to be recovered in an action of debt by the

board of health of the State of New Jersey, in the name of the

State: Provided^ however^ Nothing in this act shall prevent the sell- ing of a larger or smaller measure than that denominated in this act. Comp. Stats,, 1910, Vol. 2, p. 2586.

Sec. 94 (1896). Bread to be sold by weight.—That hereafter all bread sold in this State shall be sold by weight, and the weight of all loaves of bread offered for sale shall be specified b}^ the baker or

dealer to the consumer, if said consumer require it; all bread sold

shall be free from all impure or foreign substances or any material

injurious to health.

Sec. 95. Penalty.—Any person offending against the provisions of

this act by refusing to specify the Aveight when so required, or bj'

falsely specifying said weight intentionally or by wilfully inserting

in bread made or sold by him any impure or foreign substance or material injurious to health, shall, upon conviction therefor, be

punished by a fine not exceeding the sum of twenty-five dollars for

each offense, in the discretion of the court.

Sec. 96. Jurisdiction.^—Any offenses under this act shall be cog- nizable in cities before recorders or police magistrates exclusively

where there are such magistrates, and in towns, cities and other

places where there is no such magistrate, before a justice of the

peace. Laws, 1924, ch. 59, p. 110.

Sec. 1. Commodities sold by weight instead of dry measure; proviso.

From and after the taking effect of this act, all commodities heretofore commonly offered for sale, or sold by dry measure or by

basket, barrel or container of any kind, except as hereinafter provided, shall be offered for sale or sold upon the basis of avoirdupois

net weight or by numerical count only, and it shall thereafter be

unlawful for anyone to use or employ any dry capacity measure,

basket, barrel or container of any kind as a means of determining

the amounts or quantities of any such commodities offered for sale, or sold: Provided^ however^ That the provisions of this act shall

not be construed to apply to fruits and vegetables sold in the original

standard container, nor to vegetables which by common custom are

offered for sale, or sold bj^ the bunch; nor shall the provisions of

this act be construed to apply to fresh berries and to other small

fruits which are customarily offered for sale, and sold by the box,

basket or other receptacle, except, however, when such fresh berries or such other small fruits are offered for sale, or sold in bulk, in

which case the provisions of this act shall apply to the extent that

such fresh berries and such other small fruits shall be offered for
NEW JERSEY 539

sale, and sold by avoirdupois net weight only: Provided further,

however, That all fresh berries and such other small fruits when

offered for sale, or sold shall be so offered or sold in boxes, baskets or receptacles of uniform size to hold one quart or one pint dry

measure only, which said boxes, baskets or other receptacles shall

be uniformly and evenly filled throughout.

Sec. 2. Enforcement of act.—The State superintendent of weights

and measures, his duly authorized assistants and all county and municipal superintendents of weights and measures are hereby charged

with the enforcement of the provisions of this act.

Sec. 3. Penalty for violation; recovery of penalty; jurisdiction.—Any

person, firm, copartnership, corporation or association violating any

of the provisions of this act shall, for the first offense, be liable to a penalty of not less than twenty-five dollars nor more than fifty dollars, and for a second offense be liable to a penalty of not less than

fifty dollars nor more than one himdred dollars and for each subsequent offense shall be liable to a penalty of not less than one himdred dollars nor more than two himdred dollars. An action for the

recovery of a penalty for the violation of any of the provisions of

this act shall be in the nature of an action in debt and the same may

be instituted and the penalty recovered either in the district court of

any city or judicial district or in the small cause court of any county

or before the police magistrate or the recorder of any city, town,

township, borough or village. Jurisdiction is hereby conferred

upon the district court, and the small cause court, and on the police court and the recorder's court of any city, town, township, borough

or village of this State to hear and determine actions instituted

under this act, it being the intent hereof to confer jurisdiction upon

the said small cause court, the police court, and the recorder's court

in jurisdictions where a district court exists, notwithstanding any

law of this State providing that no justice of the peace or small

cause court shall have jurisdiction over any case or proceeding cog- nizable before a district court Avhere the defendant or defendants

reside within any city or judicial district where a district court is established and notwithstanding any law of the State prohibiting

any justice of the peace resident within the limits of any city or

judicial district where a district court is established from exercising

any civil jurisdiction.

Sec. 4. Official proceedings; disposition of penalties.—County superintendents and assistant coimty superintendents of weights and

measures, municipal and assistant municipal superintendents of

weights and measures, are authorized to bring proceedings

within their respective jurisdictions, in their official capacities,

for the use of the county or municipality which they represent. Penalties when recovered in the name of a county or assist- ant county superintendent of weights and measures shall be payable

to the county collector of such county, and when recovered by a municipal or assistant municipal superintendent of weights and

measures, shall be payable to the municipality which such official represents.

Sec. 5. " Commodities " denned; "dry capacity measure" defined;

" original standard container " defined.—The term " commodities " as used in this act shall be construed to mean articles of food, other
540 LAWS CONCERNING WEIGHTS AND MEASURES

than liquids, which are capable of being measured by dry capacity measure and which have been at any time prior to the passage of

this act sold by dry capacity measure in this State. The term " dry capacity measure " within the meaning of this act

shall be construed to be the bushel, half-bushel, peclc, half-peck,

quarter-peck, quart, pint, half-pint and similar measures. The term " original standard container " as used in this act shall be construed to mean and include only barrels, boxes, baskets,

hampers or similar containers, the dimensions or capacity of which

is established by law of this State or by act of Congress, the contents

of which have not been removed or repacked, and upon which is plainly and conspicuously marked the net quantity of contents thereof in terms of weight, measure or numerical count. Laws, 1920, ch. 223, p. 428.

Sec. 1. Fruits and vegetables in crates, baskets, and carriers, how

marked.—Any person who shall pack or cause to be packed fruits or vegetables in crates, covered baskets and carriers, ior the purpose

of selling, offering or exposing for sale said fruits or vegetables so packed, shall plainly and conspicuously mark or stamp in lettering

not less than three-eighths of an inch in size, on the outside or top

of the said crates, baskets or carriers his name and address.

Sec. 2. Removal of old marldng's.—Before so marking or stamping his name and address on any basket, crate or carrier, said packer shall remove all other names and addresses therefrom, excepting the name

and address of the manufacturer of said basket, crate or carrier.

Sec. 3, as amended by Laws, 1921, ch. 93, p, 155. Penalty; recovery of penalties ; authority to bring proceedings ; disposition of penalties. —Any

person, firm or corporation violating any of the provisions of this act shall for the first offense be liable to a penalty of not less than

twenty-five dollars and not more than fifty dollars, and for the second

offense shall be liable to a penalty of not less than fifty dollars and

not more than one hundred dollars, and for each subsequent offense

shall be liable to a penalty of not less than one hundred dollars and

not more than two hundred dollars. An action for the recovery of a penalty for violation of the provisions of this act shall be in the nature of an action in debt, and

may be brought in the district court of any city, or judicial district in the small cause court of any county, and before the police magistrate and recorder of any city, town, township, borough or village,

and jurisdiction is hereby conferred upon the district court, the

small cause court, the police court and the recorder's court of any

city, town, township, borough or village to hear and determine

actions brought as aforesaid.

County superintendents and assistant county superintendents of

weights and measures, municipal and assistant municipal superintendents of weights and measures, are authorized to bring proceedings within their respective jurisdictioas, in their official capacities,

for the use of the county or municipality which they represent.

Penalties, when recovered in the name of a county or assistant county

superintendent of weights and measures, shall be payable to the

county collector of such county, and when recovered by a municipal

or assistant municipal superintendent of weights and measures shall be payable to the municipality which such official represents.
NEW JERSEY 541

Sec. 4. " Person " defined.—The word " person " as used in this act shall include corporations, co-partnerships and associations.

Laws, 1924, ch. 20, p. 47.

Sec. 1. Standards for Climax baskets.—Standards for Climax baskets

for grapes and other fruits and vegetables shall be the twelve-quart

basket, four-quart basket and two-quart' basket, respectively:

{a) The standard twelve-quart Climax basket shall be of the fol- lowing dimensions: Length of bottom piece, sixteen inches; width

of bottom piece, six and one-half inches; thickness of bottom piece,

seven-sixteenths of an inch ; height of basket, seven and one-sixteenth

inches, outside measurement; top of basket, length, nineteen inches,

width nine inches, outside measurement. Basket to have cover nine

inches by nineteen inches, when cover is used.

(&) The standard four-quart Climax basket shall be of the fol- lowing dimensions: Length of bottom piece, twelve inches; width

of bottom piece, four and one-half inches ; thickness of bottom piece,

three-eighths of an inch ; height of basket, four and eleven-sixteenths

inches, outside measiirement ; top of basket, length fourteen inches,

width six and one-fourth inches, outside measurement. Basket to have cover six and one- fourth inches by fourteen inches, when cover

is used.

(c) The standard two-quart Climax basket shall be of the following dimensions: Length of bottom piece, nine and one-half inches;

width of bottom piece, three and one-half inches ; thickness of bottom piece, three-eighths of an inch ; height of basket, three and

seven-eighths inches, outside measurement; top of basket, length

eleven inches and width five inches, outside measurement. Basket

to have a cover five by eleven inches, when a cover is used.

Sec, 2. Application of act.—No person, firm, copartnership or cor- poration shall sell or deliver, or have in possession with intent to

sell or deliver, any fruit or fruits, berries or vegetables, contained

in any Climax basket or baskets unless such Climax basket or baskets shall be of the capacities and dimensions as in this act specified

Provided, however, That nothing in this act contained shall be con- strued to apply to the sale or delivery, or the possession with intent

to sell or deliver, of any fruit or fruits, berries or vegetables con- tained in any basket, box or other container the capacities of which

are specified in an act entitled " A further supplement to an act entitled 'An act to establish a uniform standard of weights and

measures in this State, to establish a department of weights and

measures and to provide penalties for the use of other than standard or legal weights and measures,' approved April twenty-fourth,

nineteen hundred and eleven, and to repeal a certain supplement

thereto, approved March twelfth, nineteen hundred and thirteen,"

as same was approved April seventeenth, one thousand nine hundred

and fourteen.

Sec. 3. Markings required.—No person, firm, copartnership or cor- poration shall sell or deliver, or have in possession with intent to

sell or deliver, any fruit or fruits, berries or vegetables, contained

in anj' Climax basket or baskets unless such Climax basket or baskets shall have legibly marked on the outside thereof, by the manufacturer thereof, in English letters or Arabic numerals, the exact
542 LAWS CONCERNING WEIGHTS AND MEASURES

capacity of said Climax basket or baskets and unless said Climax

basket or baskets shall also contain the name and address of the

manufacturer thereof, painted or written thereon, legibly in the English language: Provided^ however^ That any manufacturer of any

Climax basket or baskets as in this act specified may mark thereon,

in lieu of his name and address, a sign or symbol furnished him by

the superintendent of weights and measures of this State.

Sec. 4. Unlawful to manufacture or sell baskets not conforming to

act.—It shall be unlawful to manufacture for shipment, or to sell for shipment any Climax basket or baskets for fruits, berries or

vegetables, whether filled or unfilled, which do not conform with

the provisions of this act.

Sec. 5. Examination and test.—The examination and test of Climax

baskets for fruits, berries or vegetables for the purpose of determining whether such baskets comply with the provisions of this act, shall be made by the State department of weights and measures, and the

State superintendent of weight? and measures shall establish and

promulgate rules and regulations allowing such reasonable tolerances

and variations as may be found necessar}^

Sec. 6. Penalties for violations.—Any person, firm, copartnership,

corporation or association violating any of the provisions of this act

/ shall, for the first offense, be liable to a penalty of not less than

twenty-five dollars nor more than fifty dollars, and for a second

offense be liable to a penalty of not less than fift}^ dollars nor more

than one hundred dollars, and for each subsequent offense shall be liable to a penalty of not less than one hundred dollars nor more

than two hundred dollars. An action for the recovery of a penalty

for the violation of any of the provisions of this act shall be m the

nature of an action in debt and the same may be instituted and the

penalty recovered either in the district court of any city or judicial

district or in the small cause court of any county or before the police'

magistrate or the recorder of any city, toAvn, township, borough or

village. Jurisdiction is hereby conferred upon the district court,

and the small cause court, and on the police court and the recorder's court of any city, town, township, borough or village of this State

to hear and determine actions instituted under this act, it being the

intent hereof to confer jurisdiction upon the said small cause court,

the police court, and the recorder's court in jurisdictions where a

district court exists, notwithstanding any law of this State providing that no justice of the peace or small cause court shall have jurisdiction over any case or proceeding cognizable before a district court where the defendant or defendants reside within any city or judicial

district where a district court is established and notwithstanding

any law of the State prohibiting any justice of the peace resident

within the limits of any city or judicial district where a district court is established from exercising any civil jurisdiction.

Sec. 7. Proceeding's, who may bring; disposition of penalties.—The

State superintendent of weights and measures or his assistants,

county or assistant county superintendents of weights and measures, municipal or assistant mimicipal superintendents of weights and

measures, are authorized to bring proceedings within their respective

jurisdictions, in their oflicial capacities, for the use of the State or of

the county or municipality which they represent. Penalities when re-
NEW JERSEY 543

covered in the name of the State superintendent of weights and

measures or his assistants shall be payable to the State treasurer,

and when recovered by the county or assistant county superintendent

of weights and measures shall be payable to the county collector of

such county, and when recovered by a municipal or assistant mimicipal superintendent of weights and measures, shall be payable to the municipality which such official represents.

Laws, 1916, ch. 268, p. 561.

Sec. 2, as amended by Laws, 1923, ch. 24, p. 54. Standards for receptacles for farm products.—The State department of agriculture

may, from time to time, establish and promulgate standards that

may be used by producers and distributors under the provisions of

this act for the grading and other classification of farm products,

and in co-operation with the department of weights and measures

establish and promulgate standards for receptacles for farm products.

Sec. 4, as amended by Laws, 1923, ch. 24, p. 54. Investigation; fee for

services.—The secretary may designate any competent employee or agent of the State department of agriculture to make, upon re- quest, investigations, inspections and classifications of farm products in accordance with standards which have become effective under

this act. When any such investigations, inspection or classifica- tion is made, the employee or agent shall issue a certificate of the

grade or other classification of the farm product involved.

The secretary of agriculture is authorized to fix, assess and collect, or cause to be collected, fees for such services, when they are performed by employees or agents of the State department of

agriculture.

Laws, 1919, ch. 197, p. 434.

Sec. 1. " Commodity " defined.—The term " commodity " as used in this act shall, for the purpose of this act, be taken to mean and

include anything which is commonly sold by weight or measure

or other apparatus for determining quantity.

Sec. 2, as amended by Laws, 1921, ch. 91, p. 152. Penalty for selling

under weight; recovery of penalty.—Any person, firm, corporation or

association that sells or exposes for sale less than the quantity

represented of any commodity, as defined in this act, shall, for

the first offense, be liable to a penalty of not less than twenty-five

dollars nor more than fifty dollars, and for a second offense be

liable to a penalty of not less than fifty dollars nor more than one hundred dollars, and for each subsequent offense shall be liable to a penalty of not less than one hundred dollars nor more than

two hundred dollars. An action for the recovery of a penalty

for violation of the provisions of this act shall be in the nature

of an action in debt, and may be brought in the district court of

any city, or judicial district in the small cause court of any county,

and before the police magistrate and recorder of any city, town,

township, borough or village, and jurisdiction is hereby conferred

upon the district court, the small cause court, the police court and

recorder's court of any city, town, township, borough or village

to hear and determine actions brought as aforesaid.

517—26 35
544 LAWS CONCERNING WEIGHTS AND MEASUBES

Sec. 3, as amended by laws, 1921, ch. 91, p. 152. Bringing proceedings;

disposition of penalties recovered.—County superintendents and assist- ant county superintendents of weights and measures, municipal

and assistant municipal superintendents of weights and measures,

/ are authorized to bring proceedings within their respective jurisdictions, in their official capacities, for the use of the county or municipality which they represent. Penalties, when recovered in

the name of a county or assistant county superintendent of weights

and measures, shall be payable to the county collector of such

county^, and when recovered by a municipal or assistant municipal

superintendent of weights and measures shall be payable to the

municipality which such official represents.

Sec. 4, as amended by Laws, 1921, ch. 91, p. 152. Actions to have prece- dence.—Actions instituted for the recovery of penalties, under the

E

revisions of this act, shall be given precedence over cases set for

earing on the day when actions under this act are to be tried. laws, 1916, ch. 181, p. 383.

Sec. 1. Net weight to be marked on packages containing food; toler ances and exemptions.—No person shall distribute or sell, or have in

his possession with intent to distribute or sell, any article of food in package form unless the net quantity of the contents be plainly and

3onspicuousl3^ marked on the outside of the package in terms of

weight, measure or numerical count: Provided, however, That

reasonable variations and tolerances and exemptions as to small

packages shall be permitted, and that the State superintendent of

weights and measures shall by order fix such tolerances and exemptions ^ as to small packages as shall have been or may hereafter be

fixed by the Secretary of the Treasury and the Secretary of Agriculture and the Secretary of Commerce and Labor of the United

States of America, and such tolerances and exemptions shall be

published at the end of the sessions laAvs of the legislature next

thereafter published after the making of said order, and such toler- ances and exemptions as fixed in said order shall take effect when

so published : Provided, further, That if any such tolerance or ex- emption so adopted shall be changed by the three secretaries above

named, it shall not continue in effect in this State after such change

has become effective. Any such order may be prima facie proven in

any court by the mere production of the volume of such laws con- taining the publication thereof.

Sec. 2, as amended by Laws, 1921, ch. 95, p. 157. Penalties for viola- tions; recovery of penalties; authority to bring proceedings; disposition

of penalties recovered.—Any person, firm, copartnership or corpora'

lion violating any of the provisions of this act shall, for the first offense, be liable to a penalty of not less than tAventy-five dollars nor more than fifty dollars; and for the second offense shall be liable to a penalty of not less than fifty dollars and not more than one hundred dollars; and for each subsequent offense shall be liable to a penalty of not less than one hundred dollars nor more than two

hundred dollars. An action for the recovery of a penalty for violation of the proAdsions of this act shall be in the nature of an action

in debt, and may be brought in the district court of any city, or

2 See p. 17 for Federal regulation.
NEW JERSEY 545

judicial district in the small cause court of any county, and before

the police magistrate and recorder of any city, town, township,

borough or village, and jurisdiction is hereby conferred upon the

district court, the small cause court, the police court and the re- corder's court of any city, town, township, borough or village to hear and determine actions brought as aforesaid. County superintendents and assistant county superintendents of weights and measures, municipal and assistant municipal superintendents of weights

and measures, are authorized to bring proceedings within their

respective jurisdictions, in their official capacities, for the use of the

county or municipality which they represent. Penalties, when re- covered in the name of a county or assistant county superintendent

of weights and measures, shall be payable to the county collector

of such county, and when recovered by a municipal or assistant

municipal superintendent of weights and measures shall be payable

to the municipality which such official represents.

Laws, 1918, ch. 47, p. 137.

Sec. 1. Publication with session laws.—The publication of the toler- ances and exemptions provided for in the act to which this act is a supplement shall be published at the end of the session laws for the

year one thousand nine hundred and eighteen, and when so published shall have the same force and effect as if such tolerances

and exemptions had been published as provided in the act to which

this act is a supplement.

Laws, 1918, p. 1279. Exemptions on small packages.—The folloAving shall be the exemptions on small packages, from the provisions of the law requiring

the quantity of the contents to be marked on the outside of the package, fixed by the State superintendent of weights and measures in

accordance with the tolerances and exemptions fixed by the Secretary of the Treasury, the Secretary of Agriculture, and the Secretary of Commerce and Labor of the United States of America, viz

(1) A package containing two * (2) avoirdupois ounces of food, or less, is " small " and shall be exempt from marking in terms of

weight.

(2) A package containing one (1) fluid ounce of food, or less, is small " and shall be exempt from marking in terms of measure.

(3) A package wherein the units of food are six (6), or less, is deemed " small " and shall be exempt from marking in terms of

numerical count. The foregoing is prescribed in accordance with the provisions of

chapter 47, Laws of 1918, approved February 14, 1918, supplementing chapter 181, P. L., 1916.

Laws, 1919, ch. 215, p. 504.

Sec. 1. Sale of ice by avoirdupois weight; scales tested.—Every person, firm or corporation selling or offering for sale any ice, shall, at the time of the delivery thereof, weigh by avoirdupois weight the

quantity of ice delivered, and for this purpose shall have a scale

* An amended regulation was issued Apr. 21, 1919, under the Federal food and drugs

act, by the Secretaries of the Treasury, Agriculture, and Commerce, changing the weight

of a package which is considered " small " from 2 ounces to % ounce. See p. 19.
546 LAWS CONCEENING WEIGHTS AND MEASUBES

tested and sealed by the State department of weights and measures,

or by any coimty or municipal superintendent of weights and

measures.

Sec. 2. Weight of tongs deducted.—Each and every set of tongs used

for the delivery of ice shall have permanently stamped thereon the

exact and true avoirdupois weight thereof by the State department

of weights and measures or by a county or municipal superintendent

of weights and measures, and such weight, stamped as aforesaid,

shall be deducted from the total weight of ice as determined on the

scale by which the same is weighed.

Sec. 3. Penalties for cheating.—Any person, firm or corporation

engaged in the business of selling ice who shall deliver any ice without first having weighed the same, or who sells less than the quantity represented, shall be liable to a penalty of twenty-five dollars

for the first olfense, fifty dollars for the second olfense and to a penalty of one hundred dollars for each subsequent offense.

Sec. 4, as amended by Lav/s, 1921, ch. 92, p. 154. Kecovery of penalties;

authority to bring proceedings.—An action for the recovery of a penalty for violation of the provisions of this act shall be in the nature

of an action in debt, and may be brought in the district court of

any city, or judicial district, in the small cause court of any county,

and before the police magistrate and recorder of any city, town,

township, borough or village, and jurisdiction is hereby conferred

upon the district court, the small cause court, the police court and

recorder's court of any city, town, township, borough or village to hear and determine actions brought as aforesaid. County superintendents and assistant county superintendents of weights and measures, municipal and assistant municipal superintendents of weights

and measures, are authorized to bring proceedings within their respective jurisdictions, in their official cajDacities, for the use of the county

or municipality which they represent. Penalties, when recovered in

the name of a county or assistant county superintendent of weights

and measures, shall be payable to the county collector of such county,

and when recovered by a municipal or assistant municipal superintendent of weights and measures shall be payable to the municipality

which such official represents.

Laws, 1924, ch. 117, p. 221.

Sec. 1. Sale of thread; net weight or length to be marked.—No person,

firm or corporation shall after January first, nineteen hundred and

twenty-five, sell or offer for sale sewing, basting, darning, crochet,

tatting, knitting, or embroidery thread, made of cotton, flax, silk or any similar fibre, put up on spools, tubes, cones, bobbins, or in

balls, skeins or other similar packages, unless there is affixed to or impressed upon a conspicuous part of each of such spool, tube, cone, bobbin, ball, skein, or other similar package, a label or stamp which

shall be plain and conspicuous, and which shall plainly indicate

either the net weight in avoirdupois pounds and ounces, or the length

in yards of such thread: Provided^ That when the net weight of

such thread on any such spool, tube, cone, bobbin, or in any such ball,

skein or other similar package is less than two avoirdupois ounces, then such label or stamp shall indicate the length of such thread

in yards, before such packages or any thereof are offered for sale: Provided, further, That where, from the shape, size or character
NEW JERSEY 547

of the spool, tube, cone, bobbin, ball, skein or other similar package

it is impossible so to affix or impress such label or stamp, a label or stamp shall be affixed to the box or other container in which such

packages are put up, stating the number of units contained therein

and the net ATeight or yardage of each such unit as hereinbefore

prescribed.

Sec. 2. Penalty for violation.—If any person, firm or corporation

shall sell or olfer for sale such thread on any such spool, tube, cone, bobbin, or in any such ball, skein or other similar package or box,

or other container, without a label or stamp specifying the net weight or number of yards of thread contained thereon, as provided

in section one of this act, or shall sell or offer for sale such thread on any such spool, tube, cone, bobbin, or in any such ball, skein or other similar package, or box or other container, weighing or measuring more than five per centum less than the net weight or number of

yards that the label or stamp thereon specifies, then such person,

firm or corporation shall, for the first olFense, be liable to a penalty

of not less than twenty-five dollars nor more than fifty dollars,

and for a second offense be liable to a penalty of not less than fifty

dollars nor more than one hundred dollars and for each subsequent offense shall be liable to a penalty of not less than one hundred

dollars nor more than two hundred dollars. An action for the

recovery of a penalty for the violation of any of the provisions of

this act shall be in the nature of an action in debt and the same may be instituted and the penalty recovered in the district court of any city or judicial district; in the small cause court of any

county, and before any police magistrate or recorder of any city,

town, township, borough or village, and jurisdiction is hereby con- ferred upon such district courts, small cause courts, police courts and recorder courts to hear and determine actions brought as

aforesaid.

Sec. 3. Enforcement.—The State superintendent of weights and

measures, his duly authorized assistants and all county and municipal superintendents of weights and measures are hereby charged

with the enforcement of the provisions of this act.

Sec. 4. Proceedings for recovery of penalties.—County and assistant

county superintendents of weights and measures and municipal

and assistant municipal superintendents of weights and measures,

are hereby authorized and directed to bring proceedings within

their respective jurisdictions, in their official capacities, for the re- covery of such penalties as in this act provided, for the use of the

county or municipality which they represent. Penalties when re- covered in the name of a county or assistant county superintendent

of weights and measures shall be payable to the county collector of

such county, and when recovered by a municipal or assistant municipal superintendent of weights and measures shall be payable to the municipality which such official represents.

Laws, 1920, ch. 200, p. 391.

Sec. 1. Public weighmasters, who are; oath; certificate of appoint- ment.—All firms, corporations, copartners or individuals engaged in the business of weighing for hire, who shall weigh or measure any

commodity, produce or article, and issue therefor a weight certificate which shall be accepted as the accurate weight upon which the pur-
548 LAWS CONCEBKIIfG WEIGHTS AND MEASUBES

chase or sale of such commodity, produce or article is based, shall be

known as a public weighmaster, and all such weighmasters shall be

appointed by the State superintendent of weights and measures: Provided^ That any firm, corporation or individual not engaged in

the business of weighing for hire, but to whom the services of a

certified weigher are necessary for the proper conduct of any business

in which they may be engaged, may, upon application to the State

superintendent of weights and measures, have one or more of their

employees, or some suitable person, designated by the said State

superintendent of weights and measures to act as weighmaster for

such firm, corporation or individual. Each weighmaster shall, before

entering upon his duties, make oath faithfully to execute his trust as

a weighmaster. Said State superintendent of weights and measures

shall issue a certificate of such appointment or designation and shall keep a record of the same.

Sec. 2. Rights and duties.—The rights and duties of all weighmasters shall be prescribed by said state superintendent of weights

and measures, and such weighmasters shall not receive compensation

from the State for the duties so performed.

Sec. 3. Form of weight certificate, by whom prescribed; information it shall contain; prima facie evidence, when.—The State superintendent

of weights and measures shall also prescribe the form of weight certi- ficate to be used by all public weightmasters in this State. Such certi- ficate shall state thereon the kind of commodity, produce or article, the

number of units of the same, the date of the receipt of the commodity,

produce or article, the owner, agent or consignee, the total weight of

the commodity, produce or article, the vessel, railroad, team, truck

or other means by which the commodity, produce or article was re- ceived, and any trade or other mark thereon, and such other information as may be necessary to distinguish or identify the commodity,

produce or article from a like kind. No certificate other than the one

herein prescribed shall be used by any public weighmaster in this

State, and such certificate, when so made and properly signed, shall be prima facie evidence of such weights.

Sec. 4. Seal of weighmaster.—It shall be the duty of every weighmaster in this State to provide himeslf with a seal, at his own expense,

which seal shall have inscribed on the outer margin thereof his name

and the words " New Jersey," with the words " Public weigher " in- scribed in center of said seal, which seal shall be impressed upon each

and every weight certificate issued by such weighmaster, and said seal,

when applied to weight certificates, shall be a recognized authority of

accuracy.

Sec. 5. Records of weighings.—All public weighmasters shall keep

and preserve correct and accurate records of all public weighings as provided by this act, which records shall be open at all times for in- spection by the State superintendent of weights and measures or his

assistants.

Sec. 6. Certificates to contain accurate and correct weights ; false certifi- cates, penalty for issuing.—All certificates of weights and measures,

as provided by this act. shall contain the accurate and correct weiglit

of any and all commodities weighed when issued by the public weighmaster. Any weighmaster who shall issue a certificate of weights and measures, giving a false weight or measure of any article or commodity
NEW JERSEY 549

weighed or measured by him or his representative to any person,

firm or corporation, shall, upon being found guilty of such offense,

pay a fine of not less than one hundred dollars nor more than five hundred dollars, and, in addition, shall forfeit his certificate as weighmaster, which certificate, when so forfeited, shall be turned

over the State superintendent of weights and measures.

Sec. 7. Requesting weighmaster to issue false certificate; unauthorized

person acting as weighmaster; penalty.—Any person, firm or corporation who shall request a weighmaster to weigh any product, com- modity or article falsely or incorrectly, or who shall request a false or

incorrect certificate of weight or measure, or any person issuing a certificate of weights and measures who is not a weighmaster as provided for in this act, shall, upon being found guilty, pay a fine of not less than one hundred dollars nor more than five hundred

dollars.

Sec. 8. Reweighlng of article by State superintendent, when.—When

doubt or differences arise as to the correctness of the net or gross

weight of any amount or part of any commodity, produce or article for which a certificate of weights and measures has been issued by

a public weighmaster, the owner, agent or consignee may, upon cona- plaint to the State superintendent of weights and measures, or his

assistants, have said amourM; or part of the amount of any commodity, produce or article reweighed by the State superintendent

of weights and measures or his assistants, or a public weighmaster

designated by him, the services for which reweigh, when performed

by the said State superintendent of weights and measures or his

assistants, shall be gratis.

Sec. 9. Term of appointment of weighmaster.—The term of appointment for weighmasters shall be for three years, and a fee of five dollars shall be paid by each person appointed or designated as weighmaster to the State superintendent of weights and measures, which fee shall be turned over to the treasurer of the State by the

said State superintendent of weights and measures : Provided^ That

a similar fee as provided in this section shall be required for all renewals of appointments or designations as weighmasters, which fee

shall also be turned into the treasury of the State by the State superintendent of weights and measures. Comp. Stats., 1910, Vol. 2, p. 1483.

Sec. 152 (1897). Oyster bushel measure; penalty.—All oysters measured in this State shall be measured in a circular bushel tub, with

straight sides and straight solid bottom, and said tub shall have

the following dimensions, viz: Fifteen inches in diameter across the top from inside to inside, and thirteen inches and three-quarters

across the bottom from inside to inside, and twenty inches diagonal

from inside chime to top ; any person or persons engaged in buying

or selling oysters in the shell in this State and measuring the same

in any measure contrary to the provisions of this section of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not exceeding one hundred dollars or imprisonment in the county jail not exceeding ninety days, or

both, at the discretion of the court; the proceeds of said fine to go, one-half to the Delaware Bay Oyster Tongers' Association and one- half to the informer.
550 LAWS CONCERNING WEIGHTS AND MEASUBES

Laws, 1924, ch. 234, p. 520.

Sec. 2. Condensed, evaporated or concentrated skimmed milk to be put

Tip in containers holding five pounds, net weight.—No person shall dis- tribute or sell or manufacture for distribution or sale or have in his

possession with intent to distribute or sell, any condensed, evaporated

or concentrated skimmed milk, whether with or without the addition

of sugar, and whether as such or compounded with any other substance, in hermetically sealed cans or receptacles, unless each said can or container shall contain at least five (5) pounds net weight

and bear the name and address of the manufacturer or distributor

distinctly branded, indented, labeled or printed thereon, * * *, Comp. Stats., 1910, Vol. 4, p. 5854.

See. 32 (1877). Brands for packages of butter or cheese; name of manufacturer and weight of vessel; penalties.—That every cooper or manufacturer of firkins, tubs or other vessels for the package of

butter or cheese, shall brand in legible letters and characters, upon

every such firkin, tub or vessel by him manufactured, his name,

together with the actual and true weight of such firkin, tub or

vessel, and if any cooper or manufacturer shall dispose of any such

firkin, tub or vessel without such brand, or shall falsely brand the same, he shall forfeit and pay to such person as shall prosecute for

the same, the sum of twenty-five dollars; to be recovered by action

of debt in any court of competent jurisdiction.

Sec. 33. Brands; penalties for defacing; alteration.—That it shall not be lawful for any person to sell and dispose of any butter or cheese

packed or placed in any firkin, tub or vessel manufactured or made

for such purpose in this State, unless such firkin, tub or vessel shall be branded in the manner provided in the first section of this act, and if any person shall disregard this provision or shall alter or purposely deface the brand which may be made under the direction

of this act, every such person shall forfeit and pay the sum of

twenty-five dollars to such person as shall sue for the same, to be

recovered in an action of debt, in any court of competent jurisdiction.

Sec. 34 (1907). Standard measure for sale of milk.—No person or

corporation shall hereafter sell, offer for sale, or receive for the

purpose of sale, any milk, skimmed milk or cream, except such sale, offer or receipt for sale, shall as to quantity be based upon the liquid

gallon, containing two hundred and thirty-one cubic inches, or the

liquid quart, containing fifty-seven and seventy-five one hundredths

cubic inches, or the proper and complete liquid subdivisions thereof.

Sec. 35. Marking of milk cans.—Any cans originally containing more or less than forty quarts of milk or cream shall be labeled or

tagged, naming in quarts the original capacity of liquid measure

of such cans of milk or cream, but no can originally containing

forty quarts liquid measure shall be labeled or tagged.

Sec. 36. May be sold by weight.—Nothing in this act shall be construed as prohibiting the buying or selling of milk or cream either

by weight or on the butter fat basis.

Sec. 37. Penalty.—Any person violating any of the provisions of

this act shall be liable to a penalty of fifty dollars, to be recovered

in an action of debt, before the small cause court, or district court,

by any person who may desire to sue therefor, who shall be design

pa.ted in the state of dwand and summons as plaintiff, and whf^n
NEW JERSEY 551

recovery is had such penalty shall be paid to the county collector of

the county in which the said violation occurred. * * *

Laws, 1913, ch. 263, p. 500.

Sec. 1. Regulation of meters.—The board of street and water commissioners in the cities of the first class shall have power and authority, to regulate by ordinance, in such city, the use of meters for

measuring water; and also for measuring gas or electricity, when

used for heat, light or power; and to prescribe the method of in- stallation; and for the supervision of the testing of the same; and

also to impose penalties for violation of such ordinance.

Comp. Stats., 1910, Vol. 4, p. 5848.

Sec. 9 (1908). Chain.—The standard chain for the measurement

of land shall consist of four (4) rods of sixty-six (66) feet.

Sec. 10. State geologist to keep standard steel tape, etc.—The State

geologist is hereby directed and required to preserve in his office a

surveyor's hardened steel tape, fifty feet in length, of United States

standard measurement, graduated to feet and hundredths, with

proper adjustment for temperature, and with a spring balance at- tachment to pull not less than six nor more than seven pounds. The

said tape shall be the standard of measurement for the surveying of

all land in the State of New Jersey. The said standard shall be

subject to the use, in the office of the State geologist, or under his

supervision, of any surveyor of this State for the purpose of test- ing chains or tapes used by any such surveyor.

Suppl., 1911-1915, to Comp. Stats., 1910, p. 602.

Sec. 1 (1912). Fertilizers, how marked.—All corporations, firms or

persons, before selling or offering for sale any commercial fertilizer,

in the State of New Jersey, shall brand or attach to each bag, barrel or package in a conspicuous place on the outside thereof a plainly

printed statement giving the following particulars and no others

(1) The number of pounds of fertilizer contained in the package.

(2) The name, brand or trade-mark under which the fertilizer is sold.(3) The name and principal address of the manufacturer, importer or other person putting the fertilizer on the market in this

State. * *

*

Sec. 11 (1913). Definition.—The term "agricultural lime" shall be

held to include all of the various forms of lime used for agricultural

purposes.

Sec. 12. Conditions of sale; information supplied.—No agricultural

lime shall be sold or offered for sale in this State without a plainly

printed statement printed or attached to each package, or if it is sold or offered for sale in bulk the statement to accompany the shipment,

giving the following information

(a) The number of pounds of agricultural lime contained in each

package. If the shipment is in bulk, the number of pounds in the

shipment,

(6) The name of the particular form of the lime.

(<?) The name and principal address of the manufacturer or other

person responsible for putting the material on the market in this State. *

*
552 LAWS CONCEBNING WEIGHTS AND MEASUBES

SuppL, 1911-1915, to Comp. Stats., 1910, p. 732.

Sec. 53 (1912). Parcels labeled statement.—Every lot or parcel of

commercial feeding stuffs sold, offered or exposed for sale or dis- tribution in this State shall have affixed thereto a tag or label, in a conspicuous place on the outside thereof, containing a legible and

plainly printed statement in the English language, clearly and truly

certifying

(a) The net weight of the contents of the package, lot or parcel;

(h) The name, brand, or trade-mark

;

(c) The name and principal address of the manufacturer or per- son responsible for placing the commoditj' on the market. * *

*
NEW MEXICO

Stats., 1915, ch. 116, p. 1647.

Sec. 5819 (1913). Standard weights and measures.—All the ATciglits

and measures accepted and used by the Government of the United

States at the present time, except as herein provided, shall be deemed

the lawful standard Tveights and measures of the people of this State.

Sec. 5820 (1867). Yard substituted for vara.—The vara measure is suppressed, substituting in lieu thereof as the legal measure in this

State, the yard, this being the measure generally approved in the

United States.

Sec. 5821 (1913). Office of public weigbmaster created; deputies; ap- pointment; oath.—The office of public weighmaster is hereby- established, and the sheriffs are hereby declared to be ex-officio public

"weighmasters for their respective counties.

The public weighmaster shall appoint one or more deputy weighmasters for his county, who may be regular deputy sheriffs, which

deputies shall have all the powers conferred upon the public weighmaster, and shall be liable to all the penalties to the same extent

as the public weighmaster for violation of the provisions of this

chapter. All such deputies shall keep a record of their transactions

as herein prescribed for the public weighmaster. which record

shall be open at all times to public inspection, and all deputy

weighmasters appointed under the provisions of this chapter shall,

before entering upon the duties of their offices, take and sitbscribe to an oath for the faithftil performance of their duties.

Sec. 5822. Weig-hmaster's office at county seat ; records ; expenses.—The

public weighmaster shall keep his office at the county seat of his

county, and the county shall provide record books and blanks, and

actual expenses incurred in connection with his office shall be paid

out of the county current expense fund, upon warrants drawn by the

county commissioners, supported by verified itemized statements of

the weighmaster. All books, reports or other records in the office of such public weighmaster shall be delivered to his successor in

office. Sec. 5823. Record of inspection of scales; certificate.—It shall be the

duty of the public weighmaster to procure a record book for his

office and a record book for each deputy weighmaster. such book to contain blank certificates, and upon the inspection of any scales herein required to be inspected, it shall be the duty of the weighmaster or the deputy, in case said scales be found to conform to the

standard of weights for this State, to deliver to the owner thereof

a certificate to that effect. A copy of such certificate shall be pre- served as a permanent record in the office of the public weighmaster.

Sec. 5824. Duty of weighmaster and deputies.—It shall be the duty

of the public weighmaster of each county, in person or by his deputy,

553
554 LAWS CONCEBNING WEIGHTS AND MEASUBES

to inspect and test all scales used by any and all merchants or per- sons engaged in the business of buying and selling commodities, and

such scales shall be tested with the standard weights of this State. Such test shall be made once each six months upon all scales so used,

and said public weighmaster or deputy shall make a report in writing, setting forth the date of such test, the result thereof, and spec- ifying the scales so tested. Such report shall be filed in the office of the public weighmaster within thirty days after such inspection.

Said public weighmaster or the deputy making such test shall verify

each report so filed, stating that the same is a correct, true and exact report of the condition of the scales mentioned therein.

Sec. 5825. Petition for inspection.—"Whenever as many as five citi- zens sign a written request to the public weighmaster for an official inspection of any such scales, such public weighmaster shall forthwith comply with such request and make or have made such in- spection and test, not oftener however than once each thirty days;

or, if the public weighmaster has reasonable cause to believe that

any such scales have been altered after inspection, he shall thereupon

inspect the same, but if found imaltered no charge for such inspection shall be made.

Sec. 5826. Misstatement by weighmasters ; penalty.-—Any public

weighmaster or deputy making a misstatement of facts, or Avho

reports any scale to be in a condition other than its true condition, or who knowingly omits from inspection any scale or violates any

of the provisions of this chapter, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for not less than thirty days nor more than ninety days

or both such fine and imprisonment.

Sec. 5827. Secretary of state to keep standards of weights and measures.—The secretary of state shall procure and keep in his office the

following standards of weights, which shall conform in every particular to the United States standards of weights: One fifty pound

weight, one twenty-five pound weight, one ten pound weight, one

five pound weight, one one pound weight, one one-half pound

weight, one one-quarter pound weight, one one-eighth poimd weight, one one-sixteenth pound or one ounce weight, one set of apothecaries

weights from one poimd to one grain, which weights are hereby declared to be the legal standards of weights for this State. Said

secretary of state shall be charged with the custody and be accountable to the State for the proper use and care of the same. Such

standards shall be used only for testing the standards provided for

in this chapter.

Sec. 5828. Secretary of state to fnrnisli duplicate standards.—The sec- retary of state shall procure, test, and deliver to each county duplicates of said standard weights.

Sec. 5829. County commissioners shall procure duplicate weights;

penalty.—The board of county commissioners of each county shall procure from the secretary of state a sufficient number of such duplicates of weights as may be necessary for the use of the public weighmaster and deputies in such county, which duplicate weights shall be

paid for by the county, and be delivered to the public weighmaster.

Any failure upon the part of the county commissioners to comply
NEW MEXICO 555

with the provisions of this section shall be deemed a misdemeanor,

and upon conviction shall subject any such offending official to a fine of not less than twenty dollars nor more than two hundred dollars.

Sec. 5830. Duplicate weights furnished deputies.—The public weighmaster is hereby required to deliver to each deputy such duplicate

weights as may be necessary for making the tests required by this

act, and shall be responsible under his bond as sheriff for their

delivery to his successor in office. Sec. 5831. Fees to deputy weighmaster.—The deputy public weighmaster shall be entitled to demand and receive to his own use for the

inspection provided for in this act the following fees

For inspecting railroad and track scales of capacity of 20 tons and

upwards, each $1. 50 For inspecting scales of from 3 to 20 tons capacity each 1. 00 For inspecting dormant scales, each 1. 00 For inspecting movable platform scales, each . 25 For inspecting beams weighing 100 lbs. and upwards, each . 25 For inspecting hopper scales, each 1. 00 For inspecting counter scales, each . 25 For inspecting each balance, beam, steelyard or other instrument used for weighing other than those above enumerated . 25

Sec. 5832. Public scales; sale of hay and wood; regulations.—The

council of every incorporated city, town or village shall prescribe

rules for the weighing of commodities upon any scales operated

therein by any person, firm or corporation for the use of the public,

and shall regulate the charges therefor, and shall designate the place

or places where hay and wood may be exposed for sale by persons

having no fixed place of business in such city, town or village. And

any failure upon the part of the council to comply with the provisions of this section shall be deemed a misdemeanor and upon conviction shall subject any such offending official to a fine of not less than fifty dollars nor more than five hundred dollars.

Sec. 5833. Sale of bread.—The council of any city, town or village

shall have power to regulate the sale of bread and prescribe the

weight and quality in the loaf.

Sec. 5834. Bushel measure defined.—Whenever the articles hereinafter named shall be sold by the bushel, and no special contract or agreement shall be made to the contrary, the bushel shall consist of

the following number of pounds, viz

Pounds

Alfalfa seed 60 Apples 45

Apples, dried 24

Barley 48 Beans 60

Beets 56 Bermuda grass seed 40 Blue grass seed 14 Bran 20 Buckwheat 52

Carrots 50 Castor beans 46 Cement 80 Charcoal 20

Clover seed 60

Coal, mineral 80 Coke 40 Corn in the cob 70

Pounds Corn in the ear, unhusked 72 Corn meal 50

Corn, shelled 56 Cucumbers 48 Cotton seed 32

Flax seed 66 Hemp seed 44 Hungarian grass seed 50

Indian corn 56 KafBr corn 56 Lime, unslacked 80

Millet seed 50 Oats 32 Onions 57 Onion bottom sets 32 Onion top sets 30 Orchard grass seed 14 Parsnips 42
556 LAWS CONOEBNING WEIGHTS AND MEASURES

Pounds Pounds Peaches

Peaches, dried Peanuts

Pears Peas Pop corn in the ear Pop corn, shelled-. Potatoes

Potatoes, sweet

Quinces

48

332248

60

70

5660

50

48

Rape

Rutabagas

Rye

Sand

Sorghum seed Timothy seed. Tomatoes

Turnips

Wheat

50

50

56

130

50

45

50

56

60

Sec. 5835. Perch of masonry defined.—A perch of mason work, or

stone, is hereby declared to consist of sixteen and one-half feet cubic measure.

Sec. 5836. Ton of hay defined.—Unless otherwise agreed upon, a ton

of hay, when sold by weight, shall consist of two thousand pounds

or, when sold by measurement, when loose upon a wagon or freshly

stacked, five hundred twelve cubic feet; when stacked thirty days

and less than sixty days four hundred twenty-two cubic feet; and

when stacked over sixty days three hundred and eighty cubic feet.

Sec. 5837 (1901). Rule established for measuring hay.—The following rule and method of measuring loose hay in the stack, and specifying the cubical contents of a ton of loose hay, is hereby established.

Sec. 5838. Measuring a stack of hay; tonnage of hay stacked twenty

days and for hay stacked sixty days.—Measure the stack for length,

width, and the " over," to get the " over," throw a tape line over the

stack at an average place, from ground to ground, drawing it tightly.

Multiply the width by the over and divide this result by four.

Multiply result of division by the length, for approximate cubical contents of stack. To reduce to tons, for hay that has stood in stack less than 20 days,

divide cubical contents by 512, for more than 20 and and less than

60 days divide cubical contents by 422, for more than 60 days divide

cubical contents by 380. Example. Stack measures 17 feet wide, 58 feet long, and 36 feet over. Stack has stood 15 days.

Multiply 17 by 36 equals 612. • Divide 612 by 4 equals 153. Multiply 163 by length 58 equals 8874 which gives the cubical contents in feet. Divide 8874 by 512 equals I7^jj tons in stack.

Sec. 5839 (1913). Definition of ton; short weight; penalty.—When

any commodity is sold by the ton, unless otherwise agreed upon, a ton shall consist of two thousand pounds.

Whoever shall sell or deliver a less quantity than prescribed in the

foregoing sections of this act for a ton shall be deemed guilty of a misdemeanor.

Sec. 5840. Gallon measure defined; short measure; penalty; test samples of gasoline.—Whenever any of the following-named articles shall be sold or delivered by wholesale or in the original package within

the State of New Mexico, unless otherwise provided by contract,

such- sale and all computations for payment and settlement therefor shall be by weight. The weight per gallon shall be not less than as follows
NEW MEXICO 557

Pounds Naphtha 63^ Kerosene oil 63^

ParaflSne oil 7}^

Castor oil 8

Olive oU 1%

Linseed oil, raw 73^

Linseed oil, boiled 73^ Menhaden oil 7K

Pounds Cod liver oil 7M

Whale oil 7]4

Lard oil 73^

Neat's foot oil 7J^

Sperm oil 7J4 Turpentine 7 Miner's oil 73^

Gasoline 6^3- Whoever in selling by retail or wholesale any of the said articles shall sell or deliver any less number of pounds to the gallon than

is prescribed in this section shall be deemed guilty of a misdemeanor

and upon conviction shall be fined not less than fifty dollars and not more than five hundred dollars for each offense, and shall be liable to the injured party in double the amount of the damages sustained

to be recovered in any court of competent jurisdiction.

The public weighmaster of each county shall procure by purchase, in the open market of his county, once each year, a sample

of gasoline, not less than four ounces, which he shall immediately

transmit to one of the public inspectors. The expense of the purchase and transmission of said sample shall be paid by the coyjity

wherein they are procured.

Sec. 5841. Sale of dry commodities.—All dry commodities not otherwise specified in this chapter shall be sold only by standard dry

measure, standard weight, or numerical count, except where parties

otherwise agree.

Sec. 5842. Size of fruit boxes.—The standard size of an apple box

shall be eighteen inches long, eleven and one-half inches wide, ten and one-half inches deep, inside measurement.

The standard size of a pear box shall be eighteen inches long,

eleven and one-half inches wide, and eight inches deep, inside

measurement.

Sec. 5843. Size of boxes for small fruits.—Berries and small fruits

whenever sold in boxes shall be sold in boxes each containing a standard liquid quart or liquid pint, and, if any such box contains less than this quantity, the information must be given to the purchaser

by such package being labeled with a statement of the net contents.

Sec. 5844. Milk measures; other liquid measures.—All milk or cream

that shall be sold in bottles shall be sold only in bottles containing

quarter pints, half pints, pints, quarts, half-gallons or gallons. All

other liquid commodities shall be sold only by standard liquid measure or standard weight, except where parties otherwise agree.

Sec. 5845. Butter weight.—A print or package of butter shall contain sixteen ounces avoirdupois, and when a print or package of butter containing less than sixteen ounces avoirdupois shall be sold, its net weight shall be disclosed by the seller to the buyer, by such

package being labeled with a statement of the net weight.

Sec. 5846. Violation of act; misdemeanor; penalty.—Any violation of

the five preceding sections shall be deemed a "misdemeanor, and upon

conviction shall subject any such offender to a fine of not less than

ten dollars nor more than one hundred dollars for each offense, or by imprisonment of not less than thirty days nor more than ninety

days or both such fine and imprisonment.

Sec. 5847. Ice weights.—Any dealer in ice who neglects to provide

scales for each wagon used by him for the delivery of ice, or who
558 LAWS CONCEENING WEIGH'TS AND MEAStJltES

refuses or neglects to weigh the same when delivering to purchaser,

or gives false weight, shall for each such offense be punished by a

fine of not more than fifty dollars.

Sec. 5848. Coal weight.—All retail dealers of coal shall furnish to the person to whom any sale of coal has been made a ticket or certificate stating the exact nulnber of pounds of coal so sold and, in

the event that the number of pounds of coal delivered by said retail

dealer to the purchaser thereof is less than the amount stated in

said ticket or certificate, said retail dealer shall be punished for each

such offense by a fine of not more than fifty dollars.

Sec. 5849. Hay sold in bales; weights.—Hay and straw sold in

bundles or bales shall be sold by weight, and any person who shall charge or receive pay for a greater number of pounds than is con- tained in any such bundle or bale at the time of delivery thereof shall be deemed guilty of a misdemeanor, and upon conviction shall be

fined not less than ten dollars nor more than fifty dollars.

Sec. 5850. False weights and adulterated goods; penalty.—Every per- son selling any hops, cotton, hay or other goods sold in bags, bales,

boxes, barrels or packages, by weight, who puts into or conceals

therein anything whatever for the purpose of increasing the weight

or adulterating the contents of such bag, bale, box, barrel or package,

is punishable by a fine or not less than twenty-five dollars nor more

than one hundred dollars for each such offense.

Sec. 5851. Warehouse scales to be tested; false weights; penalty.—All

scales used for the weighing of property in public warehouses shall

be subject to examination and test by any duly authorized public

weighmaster, the expense of such tests to be paid by such warehouse

man, and no scales shall be used for the weighing of grain or any

other article after having been found incorrect, until put in order and

found accurate and approved for further use by an authorized public

weighmaster, and any person violating any of the provisions of this

section shall be deemed guilty of a misdemeanor, and upon conviction

thereof shall be fined not less than fifty dollars nor more than five hundred dollars.

Sec. 5852. Marking packages; failure to comply; penalty.—The correct name and true weight of the contents of each and every barrel,

sack, bale, cask, box or package of any and all mill products, whether

sold in single packages or lots, shall be plainly marked, branded or

stenciled in letters and figures not less than one inch in length and

not less than one-sixteenth of an inch in width, upon the exterior of

such barrel, box, sack, bale, cask or package, in a conspicuous place on the head in case of barrel, and the front or branded side in case of

sacks, bales, boxes or packages, and it shall be unlawful for any person, to sell or exchange any such product so packed or contained until the provisions hereof have been complied with.

If any person shall violate the provisions of this section, he shall be guilty of a misdemeanor, and upon conviction shall be punished

by a fine of not less than twenty-five dollars, nor more than one hundred dollars, and each violation shall be deemed a separate

offense.

Sec. 5853. Interfering with weighmaster; using false scales, etc.; false marks on packages ; penalty.—Any person who shall impede, obstruct,

hinder or interfere with any public weighmaster or other person in

the performance of his duties as prescribed by this chapter ; who shall
NEW MEXICO 559

conceal from the public weighmaster any scales in his possession;

who shall knowingly mark or stamp false or short weight or false tare on any cask or package, or knowingly selj or offer for sale any

cask or package so falsely marked or which contains less than the

quantity which he represented to contain; or who shall knowingly

use any false balance or weight or measure in the weighing or measuring of anything whatever that is purchased, sold, bartered, shipped

or delivered for sale or barter, or that is pledged or given in payment shall be deemed guilty of a misdemeanor, and upon conviction

shall be punished by a fine not less than twenty-five dollars, nor more than five hundred dollars or by imprisonment for not less than

thirty days nor more than ninety days, or by both such fine and

imprisonment.

Sec. 5854. Owners notify weighmaster of uninspected scales.—Any

person owning or having in his possession any scale used for weighing, which scale has not been inspected as provided in this chapter,

shall immediately notify the public weighmaster that he owns or has

in his possession such a scale which has not been inspected as herein

provided. Should any person fail to so notify the public weighmaster when owning or having in his possession such a scale, he

shall be deemed guilty of a misdemeanor, and upon conviction shall be pimished by a fine of not less than twenty dollars nor more than

two hundred dollars or by imprisonment for not less than thirty

days nor more than ninety days, or by both such fine and imprisonment.

Sec. 5855. " Person " defined.—The word " person " as used in this

chapter shall be construed to include a person, firm, company, cor- poration or association, whether acting as principal, agent or employe.

Sec. 5856. Weighmasters may make arrests; seizure of false scales.

Every public weighmaster or his deputy is authorized and required

to arrest any person violating any of the provisions of this chapter,

and to seize any false scales, weights or measures being used by any

such person and to deliver the same to the magistrate before whom

the person so arrested is taken.

The magistrate to whom any scale, weight or measure is delivered

pursuant to this section shall cause the same to be tested by comparison with standards required by this chapter ; and, if he finds it to be false, he shall cause it to be destroyed, if the case against the person

accused of using the same has been disposed of, otherwise to be

delivered to the district attorney of the county in which the accused

is liable to indictment or trial. Upon conviction of the accused, such district attorney shall cause any scale, weight or measure in respect whereof the accused stands

convicted, and which remains in the possession or imder the control

of such district attorney, to be destroyed.

Laws 1921, ch. 158, p. 335.

Sec. 1. Office of public weigher.—^The office treated of in this title shall be styled the " office of public weigher."

Sec. 2. Board of county commissioners may appoint weigher, when.

The board of county commissioners of any county in the State of New

Mexico, when presented by a petition signed by twenty per cent of

517—26 36
560 LAWS CONCERNING WEIGHTS AND MEASUEES

the qualified voters of any justice precinct in the county praying for

the appointment of a public weigher or public weighers for said precinct, shall appoint one or more suitable persons for public weighers

for said justice precinct ; the number of public weighers shall be determined by said board.

Sec. 3. Public weighers must be qualified electors.—No person shall

be appointed a public weigher, unless he shall be a qualified elector in

the justice precinct for which he is appointed.

Sec. 4. Must not be interested in purchase or sale of things weighed.

No person shall be appointed public weigher, or deputy weigher, who

is interested in the purchase or sale of livestock, cotton, wool, grain, or coal to be weighed, either as principal, agent, factor, commission

merchant or employe.

Sec. 5. Office may be abolished, when.—After the office of public

weigher has been established for two years, the board of coimty commissioners of said county shall upon petition to abolish said office signed by qualified voters at least one-half in number of the whole

vote cast for governor at the last preceding election in the public

weigher's precinct, declare such office abolished to be effective within

thirty days after loresentation of such petition; and no public weigher

shall be appointed in such precinct for two years thereafter.

Sec. 6. Oath and bond.—Every person appointed public weigher,

shall take the oath of office prescribed by the constitution for other

officers, and shall execute a bond with good and sufficient sureties in

the sum of two tliou.sand dollars, to be approved by the board of

county commissioners of such county, and payable to the State of

New Mexico, conditioned upon the faithful and impartial performance of the duties of the office. Sec. 7. Duties of public weighers.—When a person is appointed public weigher and shall have qualified as provided in section 3, he shall enter upon the duties of his office and weigh, without unnecessary

delay, all grain, cotton, wool, hay, coal, livestock or other commodities required to be weighed by him. He shall provide suitable and

convenient place or places of easy access to the public in which to perform his duties. He shall deliver to the owner, a certificate or

statement, written in ink or indelible pencil, setting forth the gross

and net weight of such grain, hay, wool, livestock or other commodities Aveighted by him, over his official signature. He shall keep in a well-bound book a record of all articles weighed by him, giving the

Qame of owner and weight of article or load, which book shall be

open at all reasonable hours for the inspection of the public; and he

shall, upon application therefor by anyone, issue certified copies of

such certificates, for which he may charge the sum of ten cents, in- cluding certificate thereto. The provisions of this article shall also apply to private weighers who are engaged in weighing for the

public, as well as public weighersSec. 8. Appointment of deputies.—The public weigher shall have the

power and authority to appoint as many deputies for his weighers

precinct as may be necessary to enable them to expeditiously weigh

all grain, wool, livestock, coal or other commodities offered to be

weighed in the weigher's or justice precinct, for which they are appointed. The public weigher shall be responsible to the county

for the faithful performance of the duties of deputies appointed by

him. He may require of them a bond with good and sufficient surety
NEW MEXICO 561

in the sum of one thousand dollars, and conditioned for the faithful

performance of their duties; and the public weigher shall have the

right to recover in any court having jurisdiction satisfaction on

said bonds for any damage sustained by reason of said deputy or

deputies for any failure to properly perform the duties of the office. Sec. 9. Duties and responsibilities.—All public weighers appointed

under the provisions of this chapter shall keep accurate and well

adjusted scales and balances and give accurate weights, and shall

keep the same tested and certified to as provided by law. Each

public weigher shall be held responsible for the official acts of the

deputies, and shall be liable to suits for all damages that may be

accrued to any person or persons by reason of the failure to perform

the official duties, or the violation of any of the provisions of this

chapter; and the bonds shall not be void upon the first recovery,

but may be sued on from time to time, in the name of the person

or persons injured until the whole thereof is recovered.

Sec. 10. Unlawful to employ other public weighers, when.—It shall not be lawful for any factor, commission merchant, or other person

or persons, to employ any other public weigher or his deputies, to weigh any hay, grain, wool or any other product sold or offered for

sale in any city or justice precinct having a public weigher duly

qualified; and any person or persons violating the provisions of this

section shall be liable to the suit of the public weigher of such city or justice precinct, to damages in any sum not less than five dollars

for each ton of hay, grain, coal, sack of wool, bale of cotton, so unlawfully weighed to be recovered in any court having jurisdiction thereof.

Sec. 11. Any person may weigh own products; may weigh for others,

when.—Nothing in this chapter shall prevent any person, firm, or corporation from weighing his own produce in person, provided,

that in places where there are no public weighers appointed any

?ierson who shall weigh cotton, wool, grain, hay and other products

or compensation shall be required before weighing such product

to enter into a bond with at least two good and sufficient sureties

in the sum of two thousand dollars, approved and payable as in

the case of the public weigher referred to in this section, and con- ditioned that he will faithfully perform the duties of his office and

turn over all property weighed by him on demand of the owner:

Provided, That this section shall not apply to merchant flouring

mills.

Sec. 12. Penalty.—Any weigher who qualifies under the preceding

section and shall violate any of the provisions or fail to comply with

any of such provisions, sliall be liable at the suit of any person

injured upon his bond for damages that may have accrued to such

person by such violation or failure.

Sec. 13. Fees.—Public weighers shall receive the following fees

For each bale of cotton, not exceeding $0. 10 For each load of wool, not exceeding . 10 For each load or part of load^of hay or grain .10 For each bale of hides . 10 For each loose hide . 02 For each load or part of load of coal . 10 For each barrel . 05 For each load or part of load of broom corn . 10 For each load or part of load of livestock . 10
562 LAWS CONCERNING WEIGHTS AND MEASURES

And lie shall not be obliged to deliver any such article so weighed

until the same therefore shall have been paid.

Laws, 1923, ch. 45, p. 66.

Sec. 4. Weight to be marked on bale of cotton.—Each and every

ginner shall ^Yell and truly mark each bale with the initials of the owner and weight and number of the bale; * *

*

Laws, 1921, ch. 16, p. 20.

Sec. 1. Public weighmasters in cities, towns and villages.—That the

office of the public weighmaster be, and the same is hereby, established in such cities, town and villages of the State of New Mexico,

as shall by ordinance avail themselves of the provisions of this act.

Sec. 2. How appointed.—That such public weighmaster shall be

nominated by the mayor and confirmed by the city council or board

of trustees of the several municixDalities of said State, which avail

themselves of the provisions of this act, as provided in section 1 hereof, as other appointive officers are nominated and confirmed in

the municipal corporations of said State.

Sec. 3. Powers and duties.—That the powers and duties of such

municipal public weighmaster shall be the same as those, now provided by law in Chapter CXVI of the New INIexico Statutes, codification of 1915 for public weighmasters, and he shall receive the same fees as are therein provided for public weighmasters.

Sec. 4. Office, where kept.—That the municipal public weighmaster

.shall keep his office at such place in the municipality as may be

provided by the city council or board of trustees of such municipalitj'. Sec. 5. Procuring of standards.—That the city council or board of

trustees of such municipality shall procure from the secretary of

state such duplicates of standard weights as may be necessary for

the use of such public weighmaster in such municipality, which

duplicate weights shall be paid for by the municipality and delivered to the municipal public weighmaster.

Sec. 6. Jurisdictions of municipal public weighmasters.—That the municipal public weighmaster shall have exclusive jurisdiction in the

matter of testing weights and measures within such municipality, to the exclusion of the public weighmaster, provided for in said

Chapter CXVI.

Sec. 7. Appointment of deputies.—That said municipal public weighmaster maj appoint such deputies as may be needed, by and with the

consent of the city council or board of trustees of such municipality,

which has availed itself of the provisions of this act as provided in

section 1 hereof.

Stats,, 1915, ch. 75, p. 1028.

Sec. 3531 (1884). Population.—Every municipal corporation having

a population of three thousand and upwards shall be a city, and

every municipal corporation having a population of fifteen hundred

shall be deemed an incorporated town.

Sec. 3564 (al897). City councils and boards of trustees, powers; sale of bread; inspection of merchandise; weights and measures; weights and

measures, use by venders; licensing certain business.—The city council and board of trustees in towns shall have the following

powers: * * *
XEW MEXICO 563

Twenty-second. To regulate the sale of bread in the city or town,

prescribe the weight and quality of the bread in the loaf. * *

* Twenty-fourth. To regulate the inspection, weighing and measuring of brick, lumber, firewood, coal, hay and any article of merchandise.

Twenty-fifth. To provide for the inspection and sealing of weights

and measures. Twenty-sixth. To enforce the keeping and use of proper weights

and measures b}' venders.

Sixty-first. To tax. license and regulate * * * public

scales. * *

*

Stats., 1915, ch. 114, p. 1601.

Sec. 5700 (1907). Water measurement; standards for flow, volume, and

miner's unit.—The standard of measurement of the flow of water

shall be the cubic foot per second of time : the standard of measure- ment of the volume of water shall be the acre-foot, being the amount

of water upon an acre covered one foot deep, equivalent to fortythree thousand five hundred and sixty cubic feet. The miner's inch

shall be regarded as one-fiftieth of a cubic foot per second in all cases, except when some other equivalent of the cubic foot per

second has been specifically stated by contract, or has been established by actual measurement or use.

Stats., 1915, ch. 26, p. 491.

Sec. 1564 (1889). Keeping false ore scales, etc.—Any person, association or corporation, or the agent of any person, association or cor- poration engaged in the business of milling, sampling, concentrating,

reducing shipping or purchasing ores, as aforesaid, who shall keep

or use any false or fraudulent scales or weights for weighing ore, or who shall keep or use any false or fraudulent assay scales or weights for ascertaining the assay value of ore, knowing them to be

false, every person so olfending shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not

exceeding one thousand dollars, nor less than one hundred dollars, or imprisonment not more than one year, or both, at the discretion

of the court.

Stats., 1915, ch. 73, p. 1001.

Sec. 3498 (1889). Owners of coal mines to provide scales.—That the owner or agent of each coal mine within this State, at which the

miners are paid by weight, shall provide at or near such mine suit- able scales of standard make for the weighing of all coal mined.

Sec. 3499. Weighmaster to be sworn as to duties.—The owner or agent of such mine shall require the person authorized to weigh the

coal delivered from said mine to be sworn, before some person having

authority to administer an oath, to keep the scales correctly balanced; to accurately weigh and to record a correct accoimt of the

amount weighed of each miner's car of coal delivered from such

mine, and such oath shall be kept conspicuously posted at the place

of weighing. The record of the coal mined by each miner shall be kept separate and shall be open to his inspection at all reasonable

hours, and also for the inspection of all other persons pecuniarily

interested in such mine.
564 LAWS CONCERNING WEIGHTS AND MEASUBES i

Sec. 3500. Miners may have competent check weighman.—In all coal

mines in this State the miners employed and working therein may

furnish a competent check-weighman, who shall at all proper times

have full right of access and examination of such scales, machinery

or apparatus, and seeing all measures and weights of coal mined and

accounts kept of the same : Provided^ That no more than one person on behalf of the miners collectively shall have such right of access, examination and inspection of scales, measures and accounts at the same time and that such person shall make no unnecessary interfer- ence with the use of such scales, machinery or apparatus. The

agent of the miners as aforesaid shall, before entering upon his

duties make and subscribe to an oath before some officer duly authorized to administer oaths, that he is duly qualified and will faithfully

discharge the diities of check-weighman. Such oaths shall be kept

conspicuously posted at the place of weighing.

Sec. 3501. ITsing of fraudulent scales or conniving at false weights a misdemeanor; penalty.—Any person, company or firm having or using

any scale or scales for the purpose of weighing the output of coal

at mines so arranged or constructed that fraudulent weighing may

be done thereby, or who shall knowingly resort to or employ any means whatsoever by reason of which such coal is not correctly

Aveighed or reported in accordance with the provisions of the three

preceding sections, or any weighman or check-weighman who shall fraudulently weigh or record the weights of such coal, or receive

at or connive at, or consent to such fraudulent weighing, shall be

deemed guilty of a misdemeanor, and shall upon conviction for each

such offense be punished by a fine of not less than two hundred

dollars, nor more than five hundred dollars, or by imprisonment in

the county jail for a period not to exceed sixty days, or by both

such fine and imprisonment, proceedings to be instituted In any

court of competent jurisdiction.

Sec. 3503. Failure to comply with provisions of this act; penalty.—Any

person, owner or agent operating a coal mine in this State who shall

fail to comply with the provisions of sections 3498 to 3.501, inclusive, or who shall obstruct or hinder the carrying out of their requirements shall be fined for the first offense not less than fifty dollars, nor more than two hundred dollars; for the second offense not less than two hundred dollars, nor more tlian five hundred dollars,

and for the third offense not less than five hundred dollars: Provided^ That the provisions of said sections shall appl}'^ only to coal mines whose products are shipped by rail and shall not apply

to mines where suitable scales of standard make furnished by any

railroad or transportation company or- through which the coal is shipped are used for such weighing.
NEW YORK

Laws, 1922, ch. 48, Art. 16, p. 159.

Sec. 176. Standard weights and measures.—The standard weights and

measures that were furnished to this State by the Government of

the United States, in accordance with a joint resokition of Congress,

approved June fourteenth, eighteen hundred and thirty-six, and

consisting of one standard yard measure and one set of standard

weights, comprising one troy pound, and nine avoirdupois weights

of one, two, three, four, five, ten, twenty, twenty-five and fifty

pounds respectively; one set of standard troy ounce weights, di- vided decimally from ten ounces to the one ten-thousandth of an

ounce; one set of standard liquid capacity measures, consisting of one wine gallon of two hundred and thirty-one cubic inches, onehalf gallon, one quart, one pint and one-half pint measure; and

one standard half bushel, containing one thousand and seventy-five

cubic inches and twenty [twenty-one] one-hundredths of a cubic inch,

according to the inch hereby adopted as standard, and such new

weights, measures, balances and other apparatus as may be received

from the United States as standard weights, measures, balances and

apparatus in addition thereto or in renewal thereof as well as such

Aveights, measures, balances and apparatus as may be added by the

State department of weights and measures and verified by the National Bureau of Standards shall be the standards of weights and

measure throughout this State.

Sec. 177. The unit of length and surface.—The units or standard measures of length and surface, from which all other measures of

extension, whetlier lineal, superficial or solid, shall be derived and

ascertained, are the standards of length designated in this article. For measures of cloths and other commodities commonly sold by

the yard, the yard may be divided into halves, quarters, eighths, and

sixteenths. The rod, pole or perch, contains five and one-half yards;

the mile, one thousand seven hundred and sixtj'- yards. The chain

for measuring land is twenty-two yards long and is divided into one hundred equal parts called links. The acre for land measure,

shall be measured horizontally and contain ten square chains, equivalent in area to a rectangle sixteen rods in length and ten in breath

[breadth] ; six hundred and forty acres being contained in a square

mile.

Sec. 178. Units of weights.—The units or standards of weight from

which all other weights shall be derived and ascertained, shall be

the standard weights designated in this article. The hundredAveight consists of one hundred avoirdupois pounds and twenty

hundred weight are a ton. In all transactions relating to the sale or delivery of coal two thousand avoirdupois pounds in weight

shall constitute a legal ton. 565
566 LAWS CONCEBKING WEIGHTS AND MEASTJRES

Sec. 179. Units of capacity.—The units of standards of measure of

capacity for liquids from which all other measures shall be derived

and ascertained shall be the standards designated in this article. The barrel is equal to thirty-one and one-half gallons and two

barrels are a hogshead. The parts of the liquid gallon shall be

derived from the gallon by continual division by the number two,

so as to make half gallons, quarts, pints, half pints and gills. The

peck, half peck, quarter peck, quart, pint and half pint measures

for measuring commodities which are not liquids shall be deriA-ed

from the half bushel by successively dividing that measure by two.

Sec. 180, as amended by Laws, 1925, ch. 60, p. 78. Duties of commissioner in relation to weights and measures.—The commissioner shall take charge of the standards adopted by this article as the standards

of the State; cause them to be kept in the principal office of the

department in the city of Albany, from which they shall not be

removed, except for repairs or for certification, and take all other

necessary precautions for their safe keeping. He shall maintain the

State standards in good order and shall submit them once in ten years

to the National Bureau of Standards for certification. He shall coi*- rect the standards of the several cities and counties and, as often as once in five years, compare the same with those in his possession,

and shall keep a record of the same, and where not otherwise provided by law he shall have a general supervision of the weights, measures and measuring and weighing devices sold or offered for

sale in the State or in use in the State. He shall upon the written

request of any citizen, firm, corporation or educational institution

of the State, test or calibrate weights, measures, weighing or meas- uring devices and instruments or apparatus used as standards in the State. He shall from time to time cause to be tested all weights

and measures, and w^eighing and measuring devices used in checking the receipt or disbursement of supplies in every State institu- tion and report in writing to the executive officer of the institution

concerned ; and at the request of said officers the commissioner shall appoint in writing one or more employees, then in actual service,

of each institution, who shall act as special deputies for the purpose

of checking the receipt or disbursement of supplies. He shall keep

a complete record of the standards, balances and other apparatus

belonging to the State and take receipt for the same from his suc- cessor in office. The commissioner shall inspect all standards used

by the counties or cities at least once in two years and shall keep

a record of the same. He shall as often as he shall deem necessary

visit the various cities and counties of the State in order to inspect

the work of the local sealers and in the performance of his duties

he may inspect the weights, measures, balances or any other weighing or measuring appliances of any person, firm or corporation. He

shall establish amounts of tolerance, or reasonable variations allowable for weights, measures and weighing and measuring devices,

and shall issue instructions to the county and city sealers, and these

shall be binding upon and govern said sealers in the discharge of

their duties.

Sec. 181. Copies of standard weights and measures.—The State shall have a complete set of copies of the original standards of weights

and measures adopted by this article, which shall be used for adjust-
NEW YORK 567

ing county standards, and the original standards shall not be used

except for the adjustment of this set of copies and for scientific purposes.

The commissioner shall see that the foregoing provisions of

this section are complied with and procure such apparatus and

fixtures, if the same have not already been procured, as are necessary

in the comparison and adjustment of the county standards.

He shall cause all the city and county standards to be impressed

with the emblem of the United States, the letters " N. Y.," and

such other devices as he shall direct for the particular county.

Sec. 182. County sealer; duty of supervisors.—There shall be a county sealer of weights and measures in each county, except where

such county is wholly embraced within a city, who shall be appointed

by the board of supervisors and hold office during the pleasure of

such board. He shall be paid a salary determined by the board of

supervisors and shall be provided by them with the necessary working equipment of standard weights and measures. He shall take

charge of and safely keep the county standards, and at least once in

every five years shall submit such standards to the commissioner, at the place where the standards of the State are kept, for calibration

and certification. Where not otherwise provided by law, the county

sealer shall have the power within his county to inspect, test, try and

ascertain if they are correct, all weights, scales, beams, measures of

every kind, instruments or mechanical devices for measurement and

the tools, appliances or accessories connected with any or all such

instruments or measurements used or employed within the county by

any proprietor, agent, lessee or employee in determining the size,

quantity, extent, area or measurement of quantities, things, produce,

article for distribution or consumption offered or submitted by such

person or persons for sale, for hire or award. He shall at least twice

in each year and as much oftener as he may deem necessary see that

the weights, measures and all apparatus used in the county are correct. He may for the purposes above mentioned, and in the general

performance of his official duties, enter or go into or upon and without formal warrant, any stand, place, building or premises or may

stop any vendor, peddler, junk dealer, coal wagon, ice wagon or any

dealer whatsoever, for the purposes of making the proper tests. Whenever the coimty sealer finds a violation of the statutes relating

to weights and measures he shall cause the violator to be prosecuted.

The county sealer shall keep a complete record of the work done by

him and shall make an annual report to his board of supervisors, and

an annual report, duly sworn to, not later than the first of December

to the commissioner. The county sealer of weights and measures

shall forthwith on his appointment give a bond, with sureties to be

approved by the appointing power, for the faithful performance of

the duties of his office and for the safety of the local standards and

such appliances for verification as are committed to his charge and

for the surrender thereof immediately to his successor in office or to the person appointed by the proper authority to receive them.

Sec. 183. City sealer.—There shall be a city sealer of weights and

measures, or an officer having similar duties, to be appointed by the

mayor with the approval of the common council of each city, or in

such other way as the city charter shall designate. He shall he paid
568 LAWS CONCERNING WEIGHTS AND MEASUEES

a salary to be fixed and determined by the board or body authorized

to determine salaries of city officials, and no fees shall be charged or

received by him or by the city for the inspection or testing of

weights, measures or weighing or measuring devices. He shall per- form in his city the duties of and have like powers as a coimty sealer in a county.

Sec. 184. Sealing of approved weights and measures.—T\Tienever a

city or county sealer inspects any weight or measure and finds that

it corresponds or causes it to correspond with the standards in his

possession he shall seal or mark the same with an appropriate device.

No person shall remove any such seal or mark from any such

weight or measure or obliterate or deface any such seal or mark.

Sec. 185. Sealing of false weights and measures.—Whenever any city or county sealer inspects any weight or measure and finds that it does

not correspond and does not cause it to correspond with the standards in his possession he shall seal or mark the same. Xo person shall use or attempt to use any weight or measure to which there has been affixed or upon which there has been placed

any such last mentioned seal, mark or device, for the purpose of

determining the weight or quantity of any commodity or article of

merchandise, unless such seal, mark or device shall have been re- moved therefrom by a city or county sealer. No person shall remove from any such weight or measure any seal or mark which has been affixed thereto, or placed thereon by a city or count}' sealer or obliterate or deface the same.

Sec. 188. Condemnation and seizure of false weights and measures.

A city or county sealer may condemn and seize any weight or measure found by him to fail to conform to the standards in his posses- sion and which is not caused by him to conform to such standards

and cause the same to be destroyed or disposed of under such regulations as the commissioner of farms and markets may prescribe.

Sec. 187. Keeping false weights and measures.—No person shall retain in his possession any weight or measure, knowing it to be false,

unless it appears beyond a reasonable doubt that it was so retained

without intent to use it or permit it to be used for determining the

quantity of any commodity or article of merchandise.

Sec. 188 as amended by Laws, 1922, eh. 360, p. 765. Using false weights

and measures; delivery of deficient quantities.—No person, with knowledge that the same is false, shall use a false weight, measure, or other

apparatus, for determining the quantity of any commodity or article of merchandise, or knowingly deliver less of any such commodity or

article of merchandise than the quantity he represents.

The possession or use by any person of any false weight, measure,

or other apparatus, for determining the quantity of any commodity

or article of merchandise is presumptive evidence of knowledge by

such person of the falsity of such weight, measure, or other apparatus. The delivery by any person of a lesser quantity of any

commodity or article of merchandise than the quantity he represents

is presumptive evidence of knowledge by such person that the

quantity delivered was less than the quantity he represented.

Sec. 189. False labels.—No person shall, with intent to defraud, put

upon an article of merchandise or upon a cask, bottle, stopper, vessel, case, cover, wrapper, package, band, ticket, label or other thing, con- taining or covering such an article, or with which such an article is
ifEW YORK 569

intended to be sold, or is sold, any false description or false indication of or respecting the number, quantity, weight or measure of

stich article or any part thereof ; or sell or offer or expose for sale an

article which to his knowledge is falsely described or indicated in any

of the manners or in any of the particulars above specified.

Sec. 190. Number of pounds to the bushel,—Whenever any com- modity specified in this section is sold by the bushel, and no special

agreement is made by the parties as to the mode of measuring, the

bushel shall consist of seventy pounds of lime or coarse salt; sixty

pounds of wheat, peas, potatoes, clover-seed or beans; fifty-seven

pounds of onions; fifty-six pounds of Indian corn, rye or fine salt;

fifty-five pounds of flax-seed; fifty-four pounds of sweet potatoes;

fifty pounds of corn meal, rye meal or carrots; forty-eight pounds

of barley or buckwheat; forty-five pounds of herds-grass, timothy

seed or rough rice; forty-four pounds of Sea island cotton seed;

thirty-three pounds of dried peaches; thirty-two pounds of oats; thirty pounds of upland cotton seed; twenty-five pounds of dried

apples; twenty pounds of bran or shorts. For a fractional part of

the bushel a like fractional part of the above weights shall be

required.

Sec. 191. Bottles or jars for milk and cream; capacity of milk containers; variations; marking; designating number; compliance as to size and marking of bottles.—Bottles used for the sale of milk and cream

shall be of the capacity of half gallon, three pints, one quart, one

pint, half pint and one gill, filled full to the bottom of the cap

ring or stopper. The following variations on individual bottles or

jars may be allowed : Six drams above and six drams below on the

half gallon; five drams above and five drams below on the three pint;

four drams above and four drams below on the quart; three drams

above arid three drams below on the pint; two drams above and two

drams below on the half pint, and two drams above and two drams

below on the gill. Bottles or jars used for the sale of milk shall have clearly blown, or otherwise permanently marked, in the sides or bottom of the bottle the name, initials or trade-mark of the manufacturer and a designating number, which designating number

shall be different for each manufacturer and may be used in

identifying the bottles. The designating number shall be furnished

by the commissioner upon application by the manufacturer, and

a record of the designating numbers and to whom furnished shall be kept in the office of the commissioner. No manufacturer shall

sell milk or cream bottles to be used in this State that do not comply

as to size and marking with the provisions of the last section. No

dealer shall knowingly use, for the purpose of selling milk or cream,

jars or bottles that do not comply with the provisions of the last section.

Sec. 192. Definition of term " container."—"A container," as used in

the following sections of this article, shall include any carton, box,

crate, barrel, half-barrel, hamper, keg, drum, jug, jar, crock, bottle,

bag, basket, pail, can, wrapper, parcel or package.

Sec. 193. Method of sale of certain commodities; meat and butter; other

commodities.—All meat, meat products and butter shall be sold or of- fered for sale by net weight ; all other cormnodities not in containers

shall be sold or offered for sale by standard net weight, standard
570 LAWS CONOEENING WEIGHTS AKD MEASURES

measure or numerical count ; and such net weight, measure or cotmt

shall be marked thereon, or on a label or tag attached thereto; proAdded however, that vegetables may be sold by the head or bunch.

Sec. 193a, as enacted by Laws, 1924, ch. 622, p. 1154. Method of sale of bread.—Except as hereinafter otherwise provided, bread shall not be

manufactured for sale, sold or offered or exposed for sale otherwise

than by weight, and shall be manufactured for sale, sold, or offered or exposed for sale only in units of one pound, one and one-half

pounds, or multiples of one pound. When multiple loaves are baked,

each unit loaf shall conform to the weight required by this section.

The weights herein specified shall mean net weights not more than

twelve hours after baking, or not more than twelve hours after

sale and delivery by the manufacturer for resale. Such weights

shall be determined by the average weight of not less than six

loa\es: Provided^ That such average weights shall be determined

by the weight of at least twelve loaves, whenever such number of

loaves is available at the time and place of such weighing : And provided further^ That bread found upon any premises occupied for

the manufacture of bread for sale, or &nj bread found in the wagons,

trucks, baskets, boxes or other delivery vehicle or receptacles owned

or controlled by the manufacturer of such bread, and being trans- ported or delivered for sale, shall for the purposes of this section

be deemed to have been baked within twelve hours unless such bread

is marked, designated or segregated as stale bread. Such unit

weights shall not applj^ to rolls; nor to stale bread when sold as such; nor to restaurant or sandwich bread sold for consumption and

use on the premises and not for resale ; nor to fancy bread such as

fruit breads, nut breads, seed-covered breads, sugar-coated breads

and gluten breads, and such other breads as shall be defined as fancy bread; nor to bread sold by the piece cut from the loaf, provided such bread be weighed in the presence of the buj'er upon

tested scales kept for that purpose ; nor to loaves bearing in plain

and conspicuous position a plain statement of the net weight of the

loaf and the name of the manufacturer thereof upon the wrapper

of each loaf, if the bread is wrapped, or, if unwrapped, upon a

label, which label or that portion representing the weight shall be

not larger than one by one and three-quarter inches and not smaller

than one by one and one-half inches in size alRxed to the loaf in

a sanitary manner, provided, however, that in the case of loaves

sold at retail, or offered or exposed for retail sale, direct from manufacturer to consumer upon or in the premises of the manufacturer,

the information as to the weight of such loaves may be given upon

a notice printed in English and, if different language is spoken,

also the language or languages of the neighborhood, conspicuously

posted in plain view of the buyer and in close proximity to the

bread offered for sale in such premises, setting forth the weight of

each size and variety of such loaves. When an inspection of bread

is made at any bakery by or under the direction of the commissioner of farms and markets or by or under the direction of any

city or county sealer, the manufacturer of such bread or his servants or agents shall, upon the request of the official making such inspection, inform him whether such bread is manufactured for sale in

any of the standard unit weights prescribed by this section and, if
NEW YORK 571

not so manufactured for sale in such standard units, shall furnish

such official with samples of the labels or wrappers intended to be

used on all such loaves of other than standard unit weights, or the

notices intended to be posted with respect to such loaves. The commissioner of farms and markets shall make such uniform rules and

regulations as are necessary to enforce this section, including rea- sonable tolerances or variations within which all weights shall be

kept; provided, however, that the variation between the standard

or represented weight and the true or actual weight shall not exceed one ounce per pound. The requirements of section one hundred and

ninety-four of this chapter shall not apply to the sale of bread.

Sec. 194, as amended by Laws, 1922, ch. 360, p. 765. Wet contents of containers to be indicated on the outside thereof.—When commodities

are sold or offered for sale in containers whose sizes are not otherwise

provided by statute, the net quantity of the contents of each container,

shall be plainly and conspicuously marked, branded or otherwise

indicated on the outside or top thereof or on a label or a tag at- tached thereto in terms of weight, measure or numerical count:

Provided^ however^ That reasonable variations shall be permitted.

Sec. 195, as amended by Laws, 1924, ch. 622, p. 1154. Exceptions.—The

provisions of sections one hundred and ninety-three and one hundred

and ninety-four shall not apply to containers or commodities in

containers with ornamentations or decorations exclusively for gifts or social favors or to commodities dispensed for consumption on

the premises, or to commodities or containers put in receptacles used

merely for the purpose of carrying or delivering of commodities or

containers complying with the provisions of such sections, or when

the numerical count of the individual units is six or less, or in the

case of liquids when the contents is two fluid ounces or less, or when

the weight of the contents is three avoirdupois ounces or less, or

to barrels, half barrels, quarter barrels, casks, kegs and packages

used for the purpose of containing maltous beverages.

Sec. 196. Guaranty furnished by wholesaler, jobber or manufacturer.

No person shall be prosecuted under the provisions of the last three

sections when he can show a guaranty signed by a wholesaler, jobber

or manufacturer, residing in the State of New York from whom

he purchased the commodity in containers to the effect that they were not incox'rectly marked within the meaning of such sections.

The person making the sale and guaranty shall then be amenable

to the prosecution, fines, and other penalties which would in due

course attach to the dealer under the provisions of such sections.

The name appearing on the container and the marking as provided

by next to the last preceding section shall be deemed to constitute a guaranty.

Sec. 197. Construction of contracts.—All contracts made within the

State for work to be done, or for the sale or delivery of personal

property by weight or measure, shall be taken and construed ac- cording to the standards of weights and measures adopted in this

article. Laws, 1922, ch. 48, Art. 18, p. 172.

Sec. 215. Standard weight of hop bales and tare thereon.—A bale of

hops sold in this State shall not weigh less than one hundred and

seventy-five nor more than two hundred and ten pounds. The tare
572 LAWS COlSrCEENING WEIGHTS AND MEASURES

to be deducted is five po\mds. The standard weight of sacking for

baling is not less than twenty-four nor more than thirty ounces for

each yard ; five yards thereof is the maximum quantity to be used for

each bale, and any excess in the weight of such sacking or other

extraneous matter used in baling may be deducted as additional tare.

Sec. 216. Bales of hops to be marked.—Every person putting up hops

for sale or exportation shall mark or stamp on each bale or other

package containing the same, in a legible manner, the initial letter of his Christian name, and his surname at full length, and the gross

weight of such bale or package, before its removal from the place

where the hops are put up.

Sec. 218. Presser of hay and straw defined; correct scales to be used;

bales to be marked.—The term " presser " as used in this and the fol- lowing sections of this article shall mean the person, firm, association or corporation owning or having possession and operating the

hay press. A presser who presses hay or straw for market shall use

correct scales, properly sealed. Every presser of hay or straw for

market shall mark each bale of any of such commodities pressed

by him with his name and business address and the correct weight

of the bale. These markings shall be made upon a tag, of not less than one and one-half inches in width and three inches in length,

securely fastened to the bale.

Sec. 219. Weight to be marked on bale.—The gross weight shall be

plainly marked on each bale of hay or straw sold or offered for

sale in this State; and no baled hay or straw shall be so sold or

offered for sale which weighs less than such gross weight after deducting five pounds from such bale for shrinkage. And no baled

hay or straw shall be sold or offered for sale with more than twenty

IDOunds of wood to the bale, the weight of which is two hundred

Ijoimds or upward, or more than ten pounds of wood for bales weighing less than two hundred pounds.

Sec. 222. Coal, coke and charcoal to be sold by weight.—Coal, coke and

charcoal shall be sold by weight except as hereinafter provided. A

person, firm or corporation shall not sell or deliver or attempt to sell or deliver less than two thousand pounds by weight to the ton of

coal, coke or charcoal, or a proper proportion thereof in quantities

less than a ton, and such coal, coke or charcoal shall be duly weighed on scales that have been tested and sealed by the official charged with

such testing: Provided^ however^ That in all cases thirty pounds to the ton shall be allowed for the variation in scales and wastage.

Sec. 223. Delivery tickets to accompany coal, coke and charcoal.—No

person, firm or corporation delivering coal, coke or charcoal shall deliver or cause to be delivered any quantity or quantities of coal,

coke or charcoal, without each such delivery being accompanied by a delivery ticket, and a duplicate thereof, on each of which shall be in

ink, or other indelible substance, distinctly expressed in pounds the

quantity or quantities of coal, coke or charcoal contained in the cart or wagon or other vehicle used in such delivery, with the name of the

purchaser thereof and the name of the dealer from whom purchased.

One of such tickets shall be delivered to the purchaser specified

thereon, and the other of such tickets shall be retained by the seller. When coal, coke or charcoal is sold in quantities of less than one hundred poimds, in baskets, bags or pails, the provisions of this section

shaU not apply.
NEW YORK 573

Sec. 224. Proviso as to delivery of entire cargo or carload of coal.

The preceding section shall not apply to coal delivered by the entire

cargo direct from the vessel containing the same to one destination

and accepted by the purchaser on the original bill of lading as proof

of weight, or from a full car loaded with coal ; but with every such

delivery of an entire cargo or carload of coal there shall be delivered

to the purchaser thereof by the consignor, one of the original bills of

lading or shipping notices issued to or by the person, firm or corporation by whom the coal was loaded into the vessel or car from which

such coal is delivered to the purchaser of the entire cargo or carload

thereof, on each of which bills of lading there shall be in ink or other

indelible substance distinctlj'^ expressed the date and place of loading such cargo or car and the number of pounds contained therein.

Sec. 225, as amended by Laws, 1923, ch. 727, p. 1292. Sizes and markings of bags and baskets of coal, coke and charcoal.—Baskets or bags

used for the delivery of coal, coke or charcoal, shall be of such capacity as to hold stricken full approximately one hundred pounds of

anthracite coal; but baskets or bags of other sizes used for delivery

may be used if the amount of anthracite coal they will contain

stricken full is indelibly marked on the outside thereof in solid roman

capital letters at least three inches in height. When the coal, coke or charcoal is sold in quantities less than one hundred pounds in baskets

or bags or pails, such baskets, bags or pails shall have the weight of

the contents plainly marked on the outside thereof in solid roman

capital letters at least one inch in height; but charcoal or coke in

quantities less than one hundred pounds may be sold by standard

struck measure, and in such cases the bag, basket or pail shall have

plainly marked on the outside thereof the capacity in terms of standard dry measure in solid roman capital letters at least one inch in

height, and in no instance shall a paper bag or sack used or intended

to be used in the sale of coke, charcoal or kindling wood by measure

be less than twenty-two inches in height, not less than eleven inches

in width and the bottom shall be not less than four inches wide.

Sec. 226. How coal, coke or charcoal may be reweighed.—A weights

and measures official of the State, of the city or of the county who

finds any quantity of coke, coal or charcoal ready for delivery, may

in his discretion direct the person in charge of the goods to convey

the same without delay to scales designated by such official, who

shall there determine the quantity of the goods and shall determine

their weight with the weight of the vehicle in which they are car- ried and shall direct said person to return to such scales forthwith

upon unloading the goods, and upon such return the official shall re- weigh the vehicle in a manner similar to that in which it was

weighed with the goods. The scale designated by the official as aforesaid may be any scale which has been duly tested and sealed

and shall be such scales as are in his judgment the most convenient

of those available.

Sec. 227. Seller shall not refuse to allow coal, coke or charcoal to be re- weighed.—No seller of coal, coke or charcoal shall refuse to permit a weights and measures official to weigh the coal, coke or charcoal

purchased from him to be reweighed at the request of the purchaser

or at the request of the weights and measures official. No driver or any other person in charge of the vehicle containing coal, coke

or charcoal or from which coal, coke or charcoal has been delivered

shall refuse to take the same at the request of the purchaser or of
574 LAWS CONCERNING WEIGHTS AND MEASURES

the Aveights and measures official to scales as aforesaid for the purpose of having the same weighed, but when there is a charge for

weighing such charge shall be paid by the one making the request.

Sec. 228. Application of article.—The provisions of this article relat- ing to coal, coke and charcoal shall not apply to the city of New

York.

Sec. 229, as amended by Laws, 1923, ch. 723, p. 1289. Marking

thread.—No person, firm or corporation shall sell or offer for sale,

sewing, basting, darning, crochet, tatting, knitting or embroidery

thread made of cotton, linen or silk, put up on spools, tubes, cones, bobbins or in balls, skeins or other similar packages, manufactured

after January first, nineteen hundred and twenty, unless there is affixed to or impressed upon a conspicuous part of each such spool,

tube, cone, bobbin, ball, skein or other similar package of such thread, a label or stamp which shall be plain and conspicuous, and which

shall plainly indicate, either its net weight in avoirdupois pounds and

ounces, or its length in yards : Provided, That when any such spool,

tube, cone, bobbin, ball, skein or other similar package of such thread

containing a net weight of less than two avoirdupois ounces, is sold or

offered for sale, then such label or stamp shall indicate its length in

yards: Provided further, That where from the shape, size or character of the spool, tube, cone, bobbin, ball, skein or other similar

package it is impossible so to affix or impress such label or stamp,

a label or stamp shall be affixed to the box or other container in

which such packages are put up, stating the number of units con- tained therein and the net weight or yardage of each, as hereinbefore prescribed. If any such person, firm or corporation shall sell or offer for sale such thread on any such spool, tube, cone, bobbin,

or in any such ball, skein or other similar package or box, without a

label or stamp specifying the net weight or number of yards of

thread contained thereon, as provided in the first paragraph of this

section, or if any such person, firm or corporation shall knowingly

sell or offer for sale such thread on any such spool, tube, cone, bobbin,

or in any such ball, skein or other similar package or box, weighing

or measuring more than five per centum less than the net weight or number or yards that the label or stamp thereon specifies, then such

person, firm or corporation shall forfeit the sum of twenty dollars for each such spool, tube, cone, bobbin, ball, skein or other similar package so sold or offered for sale; said sum of twenty dollars

for each violation of this section to be recovered in an action by any

person or firm who will sue for same, one-half whereof shall be paid

to the State treasurer.

Con. Laws, Vol. 5, ch. 55, Art. 14, p. 3645, Second Class Cities Law.

Sec. 211 (1909. Sealer of weghts and measures.—^The sealer of

weights and measures shall, within the city, have the powers and

perform the duties of sealers of weights and measures of towns ^ under the general laws of the State. He shall supervise the weighing

of coal and perform such other duties as may be prescribed by law

or ordinance of the common council. He shall receive a salary, to be fixed by the board of estimate and apportionment, and no fees

shall be charged or collected by him or by the city for his services.

' There are now no town sealers. See Laws, 1922, cli. 48, sec. 183, supra.
NEW YORK 575

Code Civil Procedure.

Sec. 841a, as added by Laws, 1909, ch. 65, p. 21. Testimony of surveyor

and proof of standard of measurement.—No surveyor shall give evidence

in any cause depending in any of the courts of this State, or before

arbitrators, respecting the survey or measurement of lands which he

may have made, unless if required, either such surveyor shall make

oath, or it shall otherwise be shown that the chain or measure used

by him was comformable to the standards of the State which were

the standards of State at the time such survey was made. An

official certificate of any State, county, city, village or town sealer elected or appointed pursuant to the laws of this State, or the oath of

such survej'or, that such chain or measure conformed to the State

standard which shall have been furnished any such sealer pursuant

to the provisions of the laws of this State, shall be prima facie

evidence of such conformity, and an official certificate made by any

such sealer that the implement used in measuring such chain or other measure was the one provided under such laws for such purposes,

shall be prima facie evidence of that fact. Con. Laws, Vol. 4, eh. 40, p. 2531, Penal Law.

Sec. 434 (1909). Concealing foreign matter in merchandise.—A person

who, with intent to defraud, while putting up in a barrel, bag, bale,

box, or other package, cotton, hops, hay, or any other article of

merchandise whatever, usually sold by weight in such packages,

places or conceals therein any other substance or thing whatever, in a case where special provision for the punishment thereof is not

otherwise made by statute, "Is guilty of a misdemeanor.

Sec. 461. Weighmaster making false entry of weight of canal boat.

A weighmaster upon any of the canals belonging to this State,

and a clerk of such weighmaster, who makes a false entry of the

weight of any boat, or cargo of aniy boat, navigating such canal, or who makes a false certificate of the light vv^eight of any boat, knowing such entry or certificate to be false, is guilty of a misdemeanor.

Con. Laws, Vol. 4, ch. 40, Art. 216, p. 2818.

Sec. 2410 (1909). Requiring more than the legal weight for a bushel.

Where potatoes, grains or other agricultural products are sold by

the bushel, without agreement as to the weight, any person requiring

a greater number of pounds for a bushel than as prescribed by sec- tion eight of the general business law is guilty of a misdemeanor.

Sec. 2413. False weights and measures authorized to be seized.—A per- son who is authorized or enjoined by law to arrest another person

for a violation of the last two sect'ons [sections 187 and 188, chapter

48, Laws, 1922] is equally authorized and enjoined to seize any false weights or measures found in the possession of the person so ar- rested, and to deliver the same to the magistrate before whom the

person so arrested is required to be taken.

Sec. 2414. Weights and measures may be tested by committing magistrate and destroyed or delivered to district attorney.—The magistrate

to whom any weight or measure is delivered pursuant to the last

section, must, upon the examination of the defendant, or if the ex- amination is delayed or prevented, without awaiting such examina517—27 37
576 LAWS CONCERNING WEIGHTS AND MEASTJBES

tion, cause the same to be tested by comparison with standards con- formable to law; and if he finds it to be false, he must cause it to be destroyed, or to be delivered to the district attorney of the county

in which the defendant is liable to indictment or trial, as the interests

of justice in his judgment require.

Sec. 2415. False weights and measures to be destroyed after conviction

of offender.—Upon the conviction of the defendant, the district attor- ney must cause any weight or measure in respect whereof the defendant stands convicted, and which remains in the possession or under

the control of the district attorney, to be destroyed.

Sec. 2416. Stamping false v/eight or tare on casks or packages.—A per- son who knowingly marks or stamps false or short weights or false tare on any cask or package, or knowingly sells or offers for sale any

cask or package so marked, is guilty of a misdemeanor.

Con. Laws, Vol. 5, eh. 65, Art. 4, p. 4458.

Sec. 89. General powers of the board of trustees of villages; may establish scales.—The board of trustees of a village

13. May establish and maintain a village clock and scales for the

public convenience; and fix the fees for the use of such scales. Con. Laws, Vol. 2, ch. 20, Art. 26, p. 1261.

Sec. 393, as enacted by Lav/s, 1923, ch. 599, p. 889. Lime; standard

barrels.—Tiiere is hereby established a large and a small barrel of

lime, the large barrel to consist of two hundred and eighty pounds

and the small barrel to consist of one hundred and eighty pounds,

net weight. It shall be unlawful for any person to sell or offer for

sale lime, unless there shall be stencilled or otherwise clearly marked

on one or both heads of the small barrel the figures " 180 lbs. net " and

on the large barrel the figures " 280 lbs. net," and on either barrel

in addition the name of the manufacturer of the lime and where

i^.anufactured. When lime is sold in containers of less capacity than

the standard small barrel, it shall be sold in fractional parts of

said standard small barrel, and the net weight of lime contained in

such container shall by stencil or otherwise be clearly marked

thereon, together with the name of the manufacturer thereof, and

the name of the brand, if any, under which it is sold. It shall

be unlawfid to pack, sell, or ofi'er for sale any barrels or other containers of lime which are not marked as provided in this act, or to sell, charge for, or purport to deliver as a large or small barrel or a fractional part of said small barrel of lime, any less weight

of lime than is established by the provisions of this section. Any

person violating any of the provisions of this section shall be

guilty of a misdemeanor.

Laws, 1922, ch. 48, Art. 17, p. 166.

Sec. 212, as amended by Laws, 1925, ch. 172, p. 223. Branding oyster

kegs and cans.—Every person engaged in putting up oysters for sale in kegs or cans, or offering them for sale in kegs or cans, not

previously marked or branded, shall mark or brand such kegs or cans with the true quantity of oysters in pints, quai-ts or gallons,

which they may respectively hold, and not more than ten per centum

of such quantity shall be liquid.
NEW YOBK 577

Con. laws, ch. 69, Farms and Markets Law, Art. 10.

Sec. 143, as amended by Laws, 1922, ch. 386, p. 811. Fertilizer.—No

manufacturer, firm, association, corporation or person shall sell, offer or expose for sale in this State any commercial fertilizer or any material to be used as fertilizer, except animal manure which have not

been artificially treated or manipulated, unless such commercial

fertilizer or material to be used as fertilizer shall be accompanied by

or shall have affixed to each and every package in a conspicuous

place on the outside thereof, a plainly printed statement which shaU

certify as follows:

1. The net weight of the contents of the package.

2. The name, brand or trade-mark under which it is to be sold.

3. The name and principal address of the manufacturer or person

responsible for the placing of the commodity upon the market.

4: ^ * ^ ^ ^ 4e

Sec. 144, as amended by Laws, 1923, ch. 722, p. 1288. Violations.—It shall be a violation of the provisions of this article if the statement re- quired by the last preceding section shall be false in regard to the

net weight of the contents of the package sold, offered or exposed

for sale, or in the name, brand or trade-mark under which the fertilizer is sold, or in the name and address of the manufacturer or person responsible for placing the commodity upon the

markets. * *

*

Laws, 1922, ch. 48, Art. 8, p. 133.

Sec. 131. Statements to be attached to packages; contents.—No manufacturer, firm, association, corporation or person shall sell, offer Oi

expose for sale or for distribution in this State, any concentrated

commercial feeding stuffs used for feeding livestock unless such

concentrated commercial feeding stuffs shall be accompanied by or

shall have affixed to each and every package in a conspicuous place on the outside thereof and near the top, a tag, the form of which

shall be prescribed by the commissioner and which shall bear a

plainly printed statement which shall certify as follows

1. The net weight of the contents of the package, except in the

case of malt sprouts sold in packages containing uneven weights.

2. The name, brand or trade-mark.

3. The name and principal address of the manufacturer or person responsible for the placing of the commodity upon the

market. * * *
NORTH CAROLINA

Con. Stats., 1919, Vol. 2, ch. 133, p. 1076.

Sec. 8060, as amended by laws, 1921, extra session, ch. 87, p. 113. Standard weight ; purchase and sale by measure ; forfeit for taking greater

weight.—The standard weight of the following seeds and other

articles named shall be as stated in this section, viz : ^

Lbs. per bu. Alfalfa 60

Apples, dried 24 Apple seed 40

Barley 48

Beans, castor 46

Beans, dry 60

Beans, green, in pod 30

Beans, sov 60

Beets -.-1 50

Blackberries 48

Blackberries, dried 28 Bran 20 Broom corn 44 Buckwheat 50 Cabbage • 50 Canary seed 60

Carrots 50 Cement 80 Charcoal 22

Cherries, with stems 56

Cherries, without stems 64

Clover, burr 8 Clover, German 60

Clover, Japan, Lespedeza,inhull. 25 Clover seed, red and white 60

Coal, stone 80 Coke 40 Corn in ear, shucked 68 Corn in ear, with shucks 70

Corn, Kaffir 50

Corn, pop 70

Corn, shelled 56 Cottonseed 30

Cottonseed, Sea Island 44 Cucumbers 48

Flaxseed 56

Gooseberries 48

Grapes, with stems 48

Grapes, without stems 60

Grass, redtop 14

Grass, velvet 7 Grass seed, all meadow and

fescue except tall 14 Grass seed, Bermuda 14 Grass seed, blue 14 Grass seed, Hungarian 48

Grass seed, Italian rye 20

Grass seed, Johnson 25

Grass seed, orchard 14 Grass seed, perennial rye 14 Grass seed, tall meadow and tall fescue 24

Lbs. per bu. Grass seed, timothy 45

Hair, plastering 8 Hemp seed 44 Hominy 62

Horseradish 50 Land plaster 100 Lime, unslaked 80

Lime, slaked 40

Meal, corn, whether bolted or unbolted 48 Melon, cantaloupe 50

Millet 50 Mustard 58

Nuts, chestnuts 50

Nuts, hickory, without hulls 50

Nuts, walnuts, without hulls 50

Oats, seed 32

Onions, button sets 32

Onions, top buttons 28

Onions, matured 57 Osage orange seed 33

Parsnips 50

Peaches, dried 25

Peaches, matured 50 Peach seed 50 Peanuts 22

Peanuts, Spanish 30

Pears, dried 26

Pears, matured 56

Peas, dry 60

Peas, green, in hull 30

Pieplant 50 Plums 64

Potatoes, Irish 56

Potatoes, sweet 56

Quinces, matured 48

Raspberries 48

Rice, rough 44 Rye seed 56 Sage 4

Salads, mustard, spinach, turnips, kale 10

Salt 50 Sorghum seed 50

Strawberries 48 Sunflower seed 24

Teosinte 59 Tomatoes 56 Turnips 50 Wheat 60

1 A slight change has been made in the arrangement for convenience of reference. 578
KOKTH CAROLINA 579

Beef, net. Pork, net

Lbs. per bbl. 200

200

Liquids.

Gals, per bbl. 42

Lbs. per

1/2 bbl. 100 Sorghum molasses

Lbs. per

gal. 12 FishBut this section shall not be construed to prevent the purchase and

sale by measure.

If any person shall take any greater weight than is specified for

any of the items named herein, he shall forfeit and pay the sum of

twenty dollars for each separate case to any person who may sue

for same.

Sec. 8061 (al886). Standards.—No trader or other person shall buy

or sell, or otherwise use in trading, any other weights and measures than are made and used according to the standard prescribed by

the Congress of the United States: Provided^ That this chapter shall not prevent the citizens of the State from buying and selling grain

by measure as may be agreed upon between the parties.

Sec. 8062°. Acre; pole; perch; land measure.—The measure of an acre of land shall be equal to a rectangle of sixteen poles or perches in

length and ten in breadth, and shall contain one hundred and sixty

square perches or poles, or four thousand eight hundred and forty

square yards; six hundred and forty such acres being contained in a square mile.

Sec. 8063 (al881). To be provided by board of county commissioners;

branded.—The board of commissioners of each coiinty shall, at the

charge of their county, procure standard sealed weights of half

hundred, quarter hundred, ten pounds, five pounds, two pounds, and

one pound, one-half pound, one-quarter pound, two ounces, one

ounce, one-half ounce, gauging rod and waist sticks, yard sticks,

half bushel, peck, half peck, quarter peck, and one-eighth peck, gallon, half gallon, quart, pint, half pint, and gill measure, of the

United States standard, sealed and branded " N. C."

Sec. 8064 (al893). Penalty for using, untested.—If any person, after

demand by the standard-keeper for permission to examine and adjust

the same, shall buy, sell or barter by any weight or measure which

shall not be tried by the standard, and sealed or stamped as aforesaid, he shall, for every such offense, forfeit and pay forty dollars,

and if any person shall sell and deliver by less measure than the

standard, he shall forfeit and pay for each offense forty dollars to the person suing therefor.

Sec. 8065 (al881). Standard keeper; appointment of; State keeper;

appointed by governor; keeper of capitol, when.—The governor is authorized to appoint a suitable person to take care of the balances,

weights and measures, and perform the duties relating to weights

and measures heretofore imposed on the governor, and such other

duties as the governor may prescribe, touching said balances and

weights and measures; and he shall take from such person a bond

with surety, to be approved by the governor, in the penal sum of

five hundred dollars, for the safe keeping of said weights and measures and for the performance of all his duties. And in case the

governor fails to appoint, or the person appointed fails to qualify
580 LAWS COKCEENirrG WEIGHTS AND MEASTJEES

or discharge said duties, the keeper of the capitol shall be ex officio the keeper of weights and measures, and discharge the duties and

receive the compensation provided.

Sec. 8086 (1881). Duties of.—It shall be the duty of the keeper of

weights and measures, under the direction of the governor, to pro- cure and furnish, at prime cost, to any of the counties, upon an order of the board of county comxaissioners, any of the standard

sealed weights and measures required by law to be kept, and he is hereby authorized, by and with the approval of the governor, to contract for the manufacture of plain sealed weights substantially

made of iron, steel, or brass, as the county ordering may direct;

yard stick made of substantial wood, each end neatly covered with

metal, sealed, marked and stamped " N. C"; half bushel, peck, half

peck, quarter peck, and one-eighth peck, made of substantial, well

seasoned wood, with secure metallic binding and casing; gallon, half

gallon, quart, pint, half pint, and gill measure, made of light sheet

copper with iron handles. He shall procure and furnish as herein

provided to the board of commissioners of any county ordering the same, dry and liquid sealed measures and yard stick made of brass or copper.

Sec. 8067 (1866-67). State standard-keeper to supply counties.—It

shall be the duty of the State standard-keeper to supply to each

county which shall call for the same such standard weights as the

standard-keeper of such county shall demand, duly sealed, such

county paying to the State treasurer the actual cost of such weights,

upon the certififato of the State standard-keeper.

Sec. 8068. Standard-keeper to keep record.—It shall be the duty of

the State standard-keeper to keep a book, in which he shall keep an

accurate account of all the weights and measures by him delivered,

and the expenses incurred by him in the purchase of such weights

and measures, subject to the inspection of the State treasurer and

the general assembly.

Sec. 8069 (al827). Appointment; term; oath; bond.—The weights

and measures, stamps and brands thus provided shall be kept at the

coui-thouse of the respective counties by a standard-keeper, to be

elected b}' the board of commissioners for the term of two years;

the person thus elected shall, before the board of county commissioners, take the oath required for public officers and also an oath

of office, and shall give bond, with good and sufficient surety, payable

to the State of North Carolina, in the sum of two hundred dollars,

conditioned for the safe-keeping of weights and measures, stamps

and brands of said county, and for the faithful performance of tire duties of his office. Sec. 8070. Removal of standards.—The standard-keeper may remove

the weights and measures, stamps and brands from the courthouse,

not to exceed sixty days in any one year, for the purpose of testing

weights and measures throughout the county.

Sec. 8071, as amended by Laws, 1925, cb. 299, p. 559. Examination of weights and measures; forfeit for neglect; stamp and certificate of cor-

• rectness.—Every person, firm, or corporation using weights and

measures of any and every kind which shall be used in buying or

selling or bartering, or for hire, or in fixing or determining the

amount of toll or charge or rate for any service shall allow or permit
NORTH CAROLINA 581

the standard keeper of the county to tr}^, examine, and adjust by

the standard, at least once every year, all the said weights and

measures of any and every kind used as aforesaid, and every person,

firm, or coi'poration who shall negiect to comply with the requirements of this section shall forfeit and pay fifty dollars, to be re- covered at the suit of the standard keeper, one-half to his use and the

other half to the use of the county wherein the default occurs. It shall be the duty of the standard-keeper, when practicable, to mark,

by stamp or brand, the weights or measures found or made to agree

with the standard, and shall give a certificate of such examination

and adjustment, stating the weights and measures examined and adjusted.

Sec. 8072 (1886-67). Destruction of apparatus.—In every instance

where the standard-keeper shall have before him for adjustment, or

shall find in the possession of any person, intending to use the same, any weight or measure that cannot be adjusted so as to meet the

requirements of the law, it shall be the duty of the standard-keeper

to destroy the same.

Sec. 8073. Local office abolished in certain counties.—The office of

county standard-keeper is abolished in the follov^ing counties, and

in these counties the section regulating that office and its duties do

not apply : Ashe, Beaufort, Bertie, Bladen, Brunswick, Camden,

Cumberland, Currituck, Gaston, Halifax, Lincoln, Montgomery,

Moore, Northampton, Kutherford, Swain, Warren, Yadkin, Yancey.

Sec. 8074 (al899). What is a surveyor's chain; tested.—The standard measure for a surveyor's chain shall be twenty-two standard yards, a standard half or two-pole chain shall be eleven standard yards, a standard quarter or one-pole chain shall be five and one-half standard

2^ards; but every person using a surveyor's chain, half-chain, or quarter-chain for measuring land shall every two years test the same in the manner hereinafter provided.

Sec. 8075 (1889). Surveyor's chain tested.—If any person who shall use any chain for measuring land without having the same first measured and sealed by the standard-keeper, or who shall use the same for a longer period than two years without bringing it to the

standard-keej^er and having the same measured and sealed by him,

he shall be guilty of a misdemeanor, and upon conviction shall be

fined not exceeding ten dollars. Con. Stats., 1919, Vol. 1, ch. 71, p. 1574.

Sec. 3879 (al881). Compensation of standard-keeper.—The State

standard-keeper shall be allowed such compensation for his services

as the governor shall deem adequate, not exceeding one hundred

dollars a year.

Sec. 3914 (al889). Fees of standard-keepers.—Standard-keepers shall be entitled to receive the following fees, and no other, namely : For

examining and adjusting a pair of steelyards, twentj^-'five cents; every weight of half a pound and upwards, five cents; every set of

weights below half a pound, including one piece of each denomination, five cents ; for a yard stick, or other measure of cloth, five cents

every bushel, half bushel, peck or other measure used in measuring

grain, meal or salt, ten cents ; each measure for liquors or wines, three
582 LAWS CONCEKIiriNG WEIGHTS AND MEASURES

cents, and for extra work on bushel and half-busliel measures a sum

not exceeding twenty-five cents in any one case; and for every sur- veyor's chain, fifty cents. Con. Stats., 1919, Vol. 1, ch. 53, subeh. 1, p. 1156.

Sec. 2674 (1879). Power to establish and regulate markets.—The

board of commissioners [of municipal corporations] may establish

and regulate their markets, and prescribe at what place, witliin the

corporation, shall be sold marketable things; in what manner,

whether by weight or measure, may be sold grain, meal or flour (if

flour be not packed in barrels), fodder, hay, or oats in straw; may

erect scales for the purpose of weighing the same, appoint a weigher,

fix his fees, and direct by whom they shall be TJaid. But it shall not be lawful for the commissioners or other authorities of any town to impose any tax whatever on wagons or carts selling farm products,

garden truck, fish and oysters on the public streets thereof. Con. Stats., 1919, Vol. 1, ch. 5S, subch. 2, p. 1208.

Sec. 2786 (1919). Pov/ers applicable to all cities and towns.—All the

provisions of this article, conferring powers upon cities and towns,

shall apply to all cities and towns, whether they have adopted a plan

of government under this act or not. And the powers herein granted

are in addition to and not in substitution for existing powers of cities and towns.

Sec. 2787 (al919). Corperate powers.—In addition to and coordinate

with the power -.rranted to cities in subchapter 1 of this chapter, and

any acts affecting such cities, all cities shall have the following

powers

:

30. To require any or all articles of commerce or traffic to be

gauged, inspected, measured, weighed, or metered, and to require

every merchant, retail trader or dealer in m.erchandise or property

of any description which is sold by weight or m.easure to have such

weights and measures sealed and to be subject to inspection.

Con. Stats., 1919, Vol. 1, ch. 24, p. 552.

Sec. 1297 (1868). Powers of boards of county commissioners.—The

boards of commissioners of the several counties have power

38. To procure for each county sealed weights and measures, according to the standard ])rescribed by Congress: and to elect a standard keeper, who shall qualify before the boai'd and give bond

approved by the board, as prescribed by law.

Con. Stats., 1919, Vol. 1, ch. 56, Art. 10, p. 1197.

Sec. 2729 (1909). Appointment of inspector of meters.—In every city or town in the State of North Carolina where is furnished, for pay,

electicity, gas or water by meter measure, the governing body of the

city or town may appoint some competent person to act as inspector

of meters, whose duty it shall be to inspect and test such meters and

to carry out the provisions of this article as herein provided.

Sec. 2730. Time of appointment; compensation of inspector; inspector

to qualify; bond.—Such appointment, if made, shall be made at the

first meeting in May of each year of such governing body, subject

to the power of such city or town authorities to remove such ap-
NOKTH CAKOLINA 583

pointee in the manner provided for the removal of its other appointees and to fill the vacancy caused by such removal. The compensation of such inspector shall be fixed and shall be paid by the

city or town so appointing him, and such inspector shall upon his

appointment take oath before the mayor of said city or town that he

will faithfully perform the duties herein imposed upon him, and

the governing body of the city or town may require the inspector to give bond in such sum as they may fix for the faithful discharge of

his duties.

Sec. 2731. Apparatus for testing meters.—Every person, firm, cor- poration or municipality furnishing for pay electricity, gas or water by meter measure in any city or town having appointed an

inspector of meters, as aforesaid, shall provide and keep a suitable

and proper apparatus for testing and proving the accuracy of the

meters to be so furnished for use, by which apparatus all such

meters shall be tested at their rated capacity.

Sec. 2732. Meters not installed before inspection ; meters now in use.

No person, firm, corporation or municipality furnishing for pay

electricity, gas or water by meter measure shall hereafter furnish,

install and put in use any such meter in any city or town having

appointed an inspector of meters, as aforesaid, until such meter

shall first have been inspected and found correct by such inspector,

and it shall be the duty of such inspector to test the same upon the

written request of such proposed furnisher. No meter now in

service shall be required to be taken out for test, except where there

is doubt as to its accuracy and upon the written request of the

consumer, as herein provided.

Sec. 2733. Inspection of meters on complaint of consumer ; deposit for expense.—When any consumer, by meter, of electricity, gas or water

in any city or town having appointed an inspector of meters, as aforesaid, doubts the accuracy of such meter and desires to have the same tested, such consumer may file with the inspector of meters a written complaint of the meter and request that the same be tested,

and shall at the same time deposit with the furnisher the sum of one

dollar to cover the expense of taking out and replacing such meter,

and thereupon it shall be the duty of such inspector as soon as practicable to accurately test said meter in the presence of and jointly

with the authorized agent of the furnisher, and also in the presence

of the complainant, if he so desires, and shall give to both the complainant and to the furnisher a written report of such test and the

result thereof.

Sec. 2734. Repayment or forfeit of deposit.—If upon such test the

meter is found to be incorrect, in that it registers more than two

and one-half per cent too fast; that is, more than two and one-half

per cent more electricity, gas or water than it should, then and in that event the furnisher shall return to the complainant the one

dollar deposit and shall promptly [and] properly adjust and repair

the meter or furnish a correctly adjusted meter; but if upon such

test the meter shall not register more than two and one-half per

cent too fast—that is, more than two and one-half per cent more

than it ought to—the one dollar deposit shall be retained by the

furnisher to cover the expense of taking out and replacing the

meter.
584 LAWS CONCERNING WEIGHTS AND MEASUEES

Sec. 2735. Adjustment of charges.—If upon such test the meter shall register more than two and one-half per cent too fast, as above

defined, the furnisher shall reimburse the complainant at the rate

at which the meter registers too fast for a period of one month

back; but if upon such test the meter shall be found to be incorrect,

in that is registers more than two and one-half per cent too slow

that is, more than two and one-half per cent less electricity, gas or water than it should—then and in that event the complainant shall,

in addition to the amount already charged him, pay at once

to the furnisher at the rate at which the meter is too slow for a period of one month back, and the furnisher shall have the same

rights for collecting such additional sum as is provided for the col- lecting of the past due and unpaid bills for electricity, gas or water,

as the case may be.

Sec. 2736. Standard of accuracy.—Any such meter having been

tested and found to be not more than two and one-half per cent too slow nor more than two and one-half per cent too fast, as above

defined, shall be considered correct, and such inspector shall so mark

or stamp such meter and report the same to the governing body of

the city or town.

Sec. 2737. Access to meters.—Nothing in this article shall be so con- strued as to prevent any furnisher of electricity, gas or water

from having free access to the meters.

Con. Stats., 1919, Vol. 2, ch. 84, Art. 7, p. 34.

Sec. 4760. Weight or measure to he stated.—* * * That for the

purpose of this article an article shall sslso be rlppiuecl to be misbranded: * * * In the case of food ; * *

* Third. If in package form, the quantity of the contents be not

plainly and conspicuously marked on the outside of the package in

terms of weight, measure, or numerical count so as to comply with

the regulations on labeling prescribed by the board of agriculture,

provided for by section 4764 in this article. The board of agricul- ture is hereby authorized to establish rules and regulations per- mitting reasonable variations when in their judg-ment exactness is impractical : Provuled^ That the provisions of this paragraph shall not apply to articles in packages or containers when the retail price

of such article is six cents or less : And^ provided, further, That it shall not apply to products on liand at the time of the passage of

this act until after January first, one thousand nine hundred and

sixteen. Con. Stats., 1919, Vol. 2, ch. 84, Art. 9, p. 42.

Sec. 4781, as amended hy Laws, 1921, ch. 140, p. 405. Standard grades

and packages for farm and horticultural products.—The purpose of this act is to give authority to investigate marketing conditions, and to establish and maintain standard grades and packages and State

brands for farm and horticulture crops and animal products. The

term " farm products " as used hei'eafter in this act shall be con- strued to mean any or all of the crops or products named above in

this section.

Sec. 4782 (1919). Execution of act.—The board of agriculture is charged with the execution of the provisions of this article, * * *
NOETH CAEOLINA 585

Sec. 4784. Board authorized to promulgate standard grades and packages; Federal regulations.—After investigation, and from time to time as may be practical and advisable, the board shall have authority to establish and promulgate standards of opened and closed

receptacles for, and standards for the grade and other classification

of farm products, by which their quantity, quality, and value may

be determined, and prescribe and promulgate rules and regulations

governing the marks, brands, and labels which may be required for

receptacles for farm products, for the purpose of showing the name

and address of the producer or packer; the quantit}'. nature and

quality of the product, or any of them, and for the purpose of pre- venting deception in reference thereto, and for the purpose of establishing a State brand for any farm product produced in North

Carolina : Pr-Gvided. That any standard for any farm product or

receptacle therefor, or any requirement for marking receptacles for

farm products, now or hereafter established under authority of the

Congress of the United States, shall forthwitli, as far as applicable,

be established or prescribed and promulgated as the official standard

or reciuirement in this State : Provided, That no standard established or requirement for marking prescribed under this article shall become

effective until the expiration of thirty days after it shall have been

promulgated.

Sec. 4785. Use of standard containers when made effective; nonstandard packages may be used, when.—* * * Whenever any standard

for an open or closed receptacle for a farm product shall be made

effective under this article no person shall pack for sale in and

deliver in a receptacle, or sell in and deliver in a receptacle, any

such farm product to which such standard is apiDlicable, unless the

receptacle conforms to the standard, subject to such variations therefrom as m&j be allowed in the rules and regulations made under

this article, or unless the receptacle be of a capacity twenty-five per

cent less than the capacity of the minimum standard receptacle for

the product : Provided. That any receptacle for such farm product

of a capacit}^ within twenty-five per cent of, or larger than, the

minimum standard receptacle for the product may be used if it be specifically described as not a standard size, or be conspicuously

marked with the phrase, " Xot standard size,"' in addition to any

other marking which may be prescribed for such receptacles under

authority given by this article. Whenever any requirement for marking a receptacle for a farm

product shall have been made effective under this article no person

shall sell and deliver in this State any such farm product in a

receptacle to which such requirement is applicable unless the re- ceptacle be marked according to such requirements.

Laws, 1921, ch. 170, p. 453.

Sec. 1. Corn meal.—It shall be unlawful for any person or persons

to pack for sale, sell, or offer for sale in this State corn meal except

in packages containing one pound, two pounds, three pounds, five pounds, ten jDounds, twenty-five pounds, fifty poimds, or one hundred pounds, or multiple of one hundred pounds, and whether the

meal is bolted or unbolted shall be stated on the package.

Sec. 2. Hominy or grits.—That it shall be unlawful for any person

or persons to pack for sale, sell, or offer for sale any hominy or grits
586 LAWS CONCEENHsTG "WEIGHTS AND MEASTJKES

except in packages of one pound, one and one-half pounds, three

pounds, five pounds, ten pounds, fifty pounds, or one hundred

pounds, or multiples of one hundred pounds.

Sec. 3. Flour; sales from bulk.—It shall be unlawful for any person

or persons to pack for sale, sell, or offer for sale in this State flour,

except in packages containing six pounds, twelve pounds, twentyfour pounds, forty-eight pounds, ninety-eight pounds, or one hundred and ninety-six pounds of flour, and the net Aveight of all grits,

meal, or flour shall be stated on the package of such meal, flour, or

grits, with the name and address of the maker or jobber: Provided,

The provisions of this act shall not apply to the retailing of grits,

meal, or flour direct to customers from bulk, when the same is priced and delivered by actual weight.

Sec. 4. Inspections for discovery cf violations; violation certified to

solicitor.—The board of agriculture shall cause to be made from time

lo time such inspections us may be necessary to determine whether

the provisions of this act have been violated. If it shall appear

from such inspection that any provision of this act have been violated, the commissioner of agriculture shall certify the facts to the

solicitor in the district in which the violation was committed, and

furnish that officer with the facts in the case.

Sec. 5. Violation of act misdemeanor; seizure and sale of goods; pro- ceeds to use of department cf agriculture ; release by commissioner.—Any

person or persons violating any provision of this act shall be deemed

guilty of a misdemeanor, and upon conviction thereof shall be

punished by fine or imprisonment in the discretion of the court,

and the meal or flour offered for sale in violation of this act shall be subject to seizure, condemnation, and sale by the commissioner

of agriculture, as is provided for the seizure, condemnation, and sale of commercial fertilizers; and the proceeds thereof, if sold, less the

legal cost and charges, shall be paid into the treasury for the use of

the department of agriculture in executing the provisions of this act: Provided, That the commissioner of agriculture may in his dis- cretion order the release of the grits, meal, or flour seized when the owner of same shall offer to pack it in accordance with the provisions of this act, and it shall appear to the satisfaction of the commissioner that said owner did not intend to violate the provisions

of the law.

Sec. 6. Meal and fiour on hand.—The provisions of this act shall not apply to meal or flour on hand at the time of the passage of this

act. Con. Stats., 1919, Vol. 1, ch. 67, Art. 11, p. 1451.

Sec. 3529 (1913). Carload shipments of watermelons regulated; violation of regulations misdemeanor.—It shall be the duty of all common

carriers to furnish the weights of all carload shipments of watermelons originating within the State to the shippers thereof within

forty-eight hours after receipt of the same. Any common carrier

violating the provisions of this section shall upon conviction be fined ten dollars for each offense. Con. Stats., 1919, Vol. 2, ch. 91, p. 119.

Sec. 5076 (1784). Shingles, of what size.—Shingles shall not be less than eighteen inches long, four inches broad, and five-eighths of an
NOBTH CAKOLINA 587

inch thick; should they be larger they shall not for that reason be

considered unmerchantable.

Sec. 5077. Merchantable planks and boards.—Boards of plank shall be deemed merchantable, and passed by any inspector, that are free

from splits not more than twelve inches long, have no edge less than half an inch thick, and as near as may be of an equal thickness

at each end; and every board, plank, piece of scantling or other

square timber, being marked with the number of more superficial

feet than are contained therein shall be forfeited to the county for

the use of the poor : Provided, No shingles, board, plank, or scantling

shall be inspected unless required by the purchaser.

Sec. 5079°. Sawmill lumber and tun timber, how measured.—All tun

and square timler and sawmill lumber at the several markets and

mills in the State shall be measured by superficial or board measure

and any person who shall sell such timber by any other measure

shall pay ten dollars for every offense.

Sec. 5081 (al889). Sale of firev/ood in towns to be by cord.—All fire- wood sold in incorporated towns shall be sold by the cord and not

otherwise ; and each cord shall contain eight feet in length, four feet in height and four feet in breadth ; and shall be corded by the seller,

under the penalty of two dollars for each offense, to the use of the

informer.

Sec. 5082 (1915). Gas and electric light bills to show reading of meter.—It shall be the duty of all gas companies and electric light

companies selling gas and electricity to the public to show, among

other things, on ail statements or bills rendered to consumers, the

reading of the metei- at the end of the preceding month, and the

reading of the meter at the end of the current month, and the amount

of electricity, in kilowatt hours, and of gas, in feet, consumed for the

current month.

Any gas or electric light company failing to render bills or state- ments, as provided for in this section, shall be subject to a penalty of

ten dollars for each violation of this section or failure to render such

statements, recoverable before a justice of the peace by any person

suing for the same; but this section shall not apply to bills and

accounts rendered customers on flat rate contracts.

Sec. 5085 (1874-75). Cotton, weighing of.—If any weigher or purchaser of cotton shall make any deduction from the weight of any

bag, bale, or package of lint cotton, for or on account of the draft,

turn, or break of the scales, steelyards, or other implement used in

weighing the same, or for any other cause except as herein allowed,

the person so offending shall be guilty of a misdemeanor, and fined

three hundred dollars or imprisoned, in the discretion of the court

Provided, That the weigher may make such proper deduction as

shall be agreed on by him and the seller, or his agent, for water,

dirt, or other foreign substance in or on such bag, bale, or package of

cotton, or for other just cause.

Sec. 5086. Cotton weigher failing to file oath a misdemeanor.—Every

public weigher of cotton shall, before entering on the duties of his

office, make and subscribe the oath prescribed for cotton weighers,

which, when made, shall be filed in the office of the register of deeds

for the county in which the person acts as weigher, and said register

shall make a note of the same, and any person acting as weigher

without making and filing the oath shall be guilty of a misdemeanor,
588 LAWS CQNCEBliriNG WEIGHTS AND MEASUEES

and shall be fined twenty-five dollars for every bag, bale, or package

of cotton which he shall have unlawfully weighed before being

qualified to do so. Sec. 5096 (1856-57). Cotton sold in Wilmington to be weighed; who

to weigh ; board of county commissioners fix fee.—All cotton sold in the

town of Wilmington shall be weighed, under the penalty of one hundred dollars for any bale sold without being weighed by the proper

officer. This not to apply to cotton bought elsewhere and brought

to Wilmington for export. Cotton shall be weighed by the inspectors of flour and provisions, who have been or who may be, from time

to time, appointed by the board of county commissioners of New

Hanover. The board of county commissioners of said county shall,

from time to time, fix the fee, not to exceed ten cents per bale, for

the weighing of the aforesaid articles, and until said board shall determine said fee, the inspector shall be entitled to receive the fol- lowing fee viz., for every bale of cotton weighed, ten cents.

Sec. 5125 (1895). Weighing tobacco.—All leaf toljacco sold upon the

floor of any tobacco warehouse shall first be weighed by some reliable

person, who shall have first sworn and subscribed to the following

oath, to wit: "I do solemnly swear (or affirm) that I will correctly

and accurately weigh all tobacco offered for sale at the warehouse of

, and correctly test and keep accurate the scales upon which the tobacco so offered for sale is weighed." Such oath

shall be filed in the office of the clerk of the superior court of the

county in which said warehouse is situated. Con. Stats., 1919, Vol. 1, ch. 37, p. 845.

Sec. 1922 (al913). Dimensions of oyster measure.—All oysters meas- ured in the shell shall be measured in a circular tub with straight

sides and straight, solid bottom, Avith holes in the bottom not more

than one-half inch in diameter. The said measure shall have the

following dimensions : A bushel tub shall measure 18 inches from

inside to inside across the top, 16 inches from inside to inside chimb

to the bottom and 21 inches diagonal from inside chimb to top. All measures found in the possession of any dealer not meeting the re- quirements of this section shall be destroyed by said fisheries commissioner, assistant commissioner or inspector. Any person using an unlawful measure for the sale or purchase of oysters shall be

guilty of a misdemeanor.

Sec. 1924 (1903). Using illegal measiaes for oysters.—If any person

shall in buying or selling oysters use any measure other than that

prescribed by law for the measurement of oysters, or if any dealer

in oysters shall have in his possession anj^ measure for measuring

oysters other than that prescribed by law, he shall be guilty of a misdemeanor and be fined not exceeding fifty dollars or imprisoned

not exceeding thirty days.

Sec. 1961 (1909). Salt fish sold by weight; marked on package.—All

salt fish packed for market shall be sold at their net weight, which

shall be marked on every package ; and any person packing or offer- ing for sale salt fish, fraudulently marking the net weight on the

package, shall for each offense be guilty of a misdemeanor and fined

not more than fifty dollars or imprisoned not more than thirty days, or both, at the discretion of the court.
NORTH CAROLINA 589

Sec. 1962. Salt mullet; special marking.—Each package of salt mullets packed and offered for sale shall be marked or stamped "large,"

"medium" or "small," and all packages containing any other kind

of fish shall be marked plainly the name of the fish contained, and

any person who shall pack as principal or shall have the same done

by others for him shall be deemed the packer and shall stamp his

name and place of packing, together with net weight and size of fish, as prescribed in this section, on the head of each package before

offering for sale or shipment, and on failure to pack and stamp as herein prescribed, or to pack or stamp said package falsely, so as

to misrepresent the weight or size of the fish in said package, shall

be guilty of a misdemeanor and fined not less than five nor more

than fifty dollars for each offense, and may be imprisoned at the

discretion of the court, not to exceed thirty days : Provided, This

section shall not apply to packages containing less than fifty pounds

net fish : Provided further, This section shall not apply to fishermen

themselves, but shall apply only to merchants and others who may be

classed as packers or brokers, within the proper meaning of the term.

Sec. 1963 (1911). Standard measure established for menhaden fish (fatbacks) ; use of other standard misdemeanor; punishment; proviso; sepa- rate offense.—For the purpose of uniformity in the trade of manufacturing fish scrap and oil in the State of North Carolina, there is hereby established a standard measure of twenty-two thousand cubic

inches for every one thousand fish. Any person, firm, corporation

or syndicate buying or selling menhaden fish for the purpose of

manufacturing within the borders of this State, who shall measure

the fish by any other standard (more or less) than is prescribed in

this section shall be guilty of a misdemeanor, and upon conviction

shall be fined not more than fifty dollars or imprisoned not to ex- ceed thirty days. Each day said measure is unlawfully used shall constitute a separate and distinct offense. Con. Stats., 1919, Vol. 1, cli. 52, p. 1115.

See, 2533 (al885). Measures kept, toll by weight.—All millers shall

keep in their mills the following measures, namely, a half bushel and

peck of full measure, and also proper toll dishes for each measure;

but the toll allowed by law may be taken by weight or measure at the option of the m'lier and customer.

Sec. 2534 (1848). Mills, false toll dishes.—If any owner, by himself

or servant, keeping any mill, shall keep any false toll dishes, he shall be guilty of a misdemeanor.

Con. Stats., 1919, Vol. 2, ch. 84, p. 3.

Sec. 4690 (al917). Fertilizer; net weight.—All persons, companies,

manufacturers, dealers, or agents, before selling or offering for sale in this State any commercial fertilizer or fertilizer material, shall

brand or attach to each bag, barrel, or package the brand name of

the fertilizer, the weight of the package, the name and address of

the manufacturer, * * *_ These items shall be branded or

printed on the bag or package in the following order

1. Weight of each package in pounds.

2. Brand name or trade-mark.

7. Name and address of the manufacturer.
590 LAWS CONCERNING WEIGHTS AND MEASTJEES

Sec. 4705. Cotton-seed meal; weight to be marked.—All cotton-seed

meal offered for sale, unless sold to manufacturers for use in manufacturing fertilizers, or feed, shall have plainly branded on the bag

containing it, or on the tag attached thereto, the following data:

1. Cotton-seed meal (with brand and grade).

2. "Weight of package. * *

*

4. Name and address of manufacturer.

Sec. 4724 (1909). Concentrated commercial feeding stuffs.—Every lot or parcel of concentrated commercial feeding stuff sold, offered or exposed for sale within this State shall have affixed thereto or

printed thereon, in a conspicuous place on the outside thereof, a

legible and plainly printed statement in the English language clearly

and truly certifying the weight of the package; the name, brand, or trade-mark under which the article is sold; the name and address

of the manufacturer, jobber, or importer ; * *

*

Sec. 4725. "Weight of packages prescribed.—All concentrated commercial feeding stuffs shall be in standard-weight bags or packages of twenty-five, fifty, seventy-five, one hundred, one himdred

twenty-five, one himdred fifty, one hundred seventy-five, and two

hundred pounds.
NORTH DAKOTA

Laws, 1923, ch. 344, p. 515.

Sec. 1. Inspector of weights and measures, and deputy inspector;

powers and duties.—The sheriff of each county within the State sliall be the inspector and sealer of weights and measures. He shall have

power to appoint a deputy to perform the duties hereinafter provided, who must be a person qualified by experience and training

to intelligently perform the same, but he may be a regular deputy

sheriff provided he has the qualifications above described. The

deputy shall have the same power and perform the same duties

under this article as the inspector and sealer, and shall take and

subscribe the oath required by other county officers. Sec. 2. Inspector of deputy, powers and duties.—The inspector and

sealer or his deput}^ shall once in each jea,T, test all weights and

measures, scale beams, patent balances, steelyards and other instruments used in weighing or measuring any coromodity sold by

weight or measure in his county by the duplicates of said weights

and measures as hereinafter provided: Provided, The inspector of

weights and measures or his deputy may test wagon scales oftener

than once each year if he has reason to believe that the same are not

weighing correctly. He shall give to the person in charge of such

weights or measui-es a certificate of the correction thereof, if found

to be correct, and if found to be incorrect, he shall cause the same

to be corrected, if he can, and if not he shall mark the same " con- demned " and in case of short weights or measures that can not be

corrected he shall condemn, confiscate and keep the same for evi- dence. He shall keep a record of all such certificates issued by him

and of all his transactions under this article, and shall file with

the county auditor during the month of December of each year's

statement showing the date of examination and giving the names

of the persons, firms or corporations whose scales, weights and

measures have been by him examined, and setting out against such names an enumeration of any scales, weights or measures by him so condemned.

Sec. 3. Standard of weights and measures; penalty for altering.—Tlie

standard of weights and measures shall be the standard adopted by

the Government of the United States, and any person who knowingly

uses for the purpose of purchase or sale or keeps for public use a weight, measure, scale, balance or beam, which does not conform to the standard of weights and measures adopted by the State, or who

alters a weight, measure, scale, balance or beam after it has been adjusted and sealed so that it does not conform to such standard and

fraudulently makes use thereof, shall be fined for each offense fifty dollars.

Sec. 4. County standards.—The board of county commissioners of

each county shall purchase such duplicates of weights and measures

517—27 38 591
592 LAWS CONCEENING WEIGHTS AND MEASURES

enumerated in section 10 of this act, as are deemed necessary for the

use of the inspector in the carrying out of the provisions of this

article, which duplicates shall be paid for by the county and be delivered to the inspector, who shall be responsible to the county under

his bond as sheriff for their delivery to his successor in office. Sec. 5. Fees; compensation for correcting and adjusting.—The in- spector of weights and measures shall demand and receive for the

inspection herein provided for, and the furnishing to the person

whose weights and measures are inspected, a certificate of such in- spection, the following fees, which fees shall belong to the inspector

and need not be turned over to the county

For inspecting and sealing railroad and track scales of capacity of twenty tons and upwards $3. 00 For inspecting and sealing dormant scales, each 2. 00 For inspecting and sealing movable platform scales 1. 00 For inspecting and sealing beams weighing one hundred pounds and

upwards > . 25 For inspecting and sealing hopper scales, each 1. 50 For inspecting and seal ng counter scales, each .25 For inspecting and sealing every patent balance, beam, steelyard or other instrument used for weighing other than the above enumerated, each . 25 For inspecting and sealing any two-bushel or one-bushel measure .25 For inspecting and sealing any other dry measure, each . 10 For inspecting and sealing Ihiuid measures of a capacity of Ave gallons

or more, each . 25 For inspecting and sealing anything less than one gallon . 10 For inspecting and sealing liquid measures of less than five gallons

and not less than one gallon . 15 For inspecting and sealing any board or cloth measure, each . 10 When the inspector or his deputy shall find any of the instruments

or articles used in weighing or measuring to be wrongly adjusted,

misconstructed, out of repair, or in any other condition which can be

remedied by him, it shall be his duty to correct such scale or measure and he shall collect for such services seventy-five cents per hour for

the actual and necessary time consumed in making such corrections

and just compensation for any m.aterial used in such correction.

Sec. 6. Using false weight or measure; inspector not to seal incorrect

weights or measures; seizing for evidence. —If any person knowingly

uses a false weight, measure, scale, balance or beam after such weight,

measure, scale, balance or beam has been adjusted and sealed and

alters it so that it does not conform to the public standard and

fraudulently makes use of it, he shall forfeit for each offense fifty

dollars, and every inspector and sealer who has reasonable cause to believe that a weight, measure, balance or beam has been altered

since it was last adjusted and sealed shall enter the premises in

which it is kept or used and shall examine the same and if found

tampered with, shall have power to seal them in such a manner that

they can not be used until such disability is removed and such scale,

balance or beam shall be kept sealed until such fine is paid. The

inspector or sealer shall in no case seal or mark as correct any

weights, measures or balances which do not conform to the standard. If such weights, measures or balances can be readily adju.sted as heretofore provided, he may adjust and seal them, but if they can not by him be adjusted he shall affix to such weights, measure

or balance a notice prohibiting their use until he is satisfied that

they have been so adjusted as to conform to the standard, and who-
NORTH DAKOTA 593

ever removes said notice without the consent of the officer affixing

the same, shall for each offense forfeit a sum not exceeding fifty dollars. The sealer or deputy sealer of weights and measures may

seize without warrant such weights, measures or balances as may be

necessary to be used as evidence in case of violation of the law relat- ing to the sealing of weights and measures, such weights, measures

or balances to be returned to the owner or forfeited as the court may

direct.

Sec. 7. Making complaint of violation.—Any person believing any

dealer is violating the provisions of this act may make complaint,

in writing, to any inspector or sealer or his deputy and deposit

with him five dollars, setting forth the particular facts relating

to such violation and that he has reason to believe that the same

are true. Upon such complaint such sealer or his deputy shall

forthwith test the scales, weights and measures respecting the matter complained of, by his duplicates, and if found to conform thereto

he may convert the five dollars so deposited to his own use as his

fee for such services. If he finds that any of the matters so complained of are true he shall return the five dollars to the complainand and it shall be his duty forthwith to arrest the person in charge

of such scale, and take him before a justice of the peace in the county

for trial and upon conviction such person, whether the owner or

not, shall be guilty of a misdemeanor and punished accordingly.

In all such cases tlie sealer or deputy sealer making the test shall make

and swear to the complaint and shall be entitled to the same fees as allowed officers making an arrest upon a warrant, besides the sum

of one dollar for making the test. Sec. 8. Obstructing or misleading an inspector.—Any person who

shall willfully obstruct or mislead the inspector or sealer in the execution of his duties as herein provided, shall be subject to conviction

and punishment therefor in the same manner as is now provided for

the conviction and punishment of persons opposing or hindering an

officer, ministerial, judicial or executive, under the laws of the State,

and the inspector and sealer shall have full power and authority for

the various purposes named to examine any weights, measures, scales,

balances or beams.

Sec. 9. Commissioner of agriculture and labor responsible for standards

and other property.—All standards of weights and measures and all other property, apparatus for weighing and measuring supplies,

records and correspondence now in the possession of the State in- spector of grades, weights and measures, as provided in chapter 241

of the Session Laws of North Dakota for the year 1919, shall be

transferred to the commissioner of agriculture and labor who shall

then become responsible to the State of North Dakota for the proper

use and care of the same.

Sec. 10. Commissioner of agriculture and labor to keep certain standards; use of such standards; record of county standards tested.—The

commissioner of agriculture and labor shall procure and keep in his

office the following standards of weights and m.easures, which shall conform in every particular to the United States standards of

weights and measures : One bushel, one-half bushel, one peck, one- half peck, one quart, one wine gallon, one wine half gallon, one Avine

quart, one wine pint, one wine gill. Such measures shall be made of
594 LAWS CONCERNING WEIGHTS AND MEASUEES

copper or other suitable and substantial material ; also one surveyor's

chain, thirty-three standard feet in length, one yard measure, one

foot measure and one inch measure; also one one-hundred-pound

weight, one fifty-pound weight, one twenty-five pound weight, one ten-pound weight, one one-pound weight, one half-pound weight, one quarter-pound weight, one one-eighth of a pound, one one-sixteenth

of a pound or one ounce weight, one set of apothecaries' weights from

one pound to one grain, one set of troy weights from one pound to one grain; besides such other scales, beams and balances as shall be

necessary to test other weights by these standards; which measures,

weights, scales, beams and balances are hereby declared to be the legal

standards of weights and measures for this State. Such commissioner of agriculture and labor shall be charged with the custody and

be accountable to the State for the proper use and care of the same. Such standards shall be used only for testing the standards provided

for in this article, and such commissioner of agriculture and labor

shall keep a record of all county weights, measures, beams and

balances marked and tested by him.

Sec. 11. aepeai.—That sections 2999, 3000, 3003, 3004, 3006 of the

Compiled Laws of North Dakota for the year 1913, and chapter 241

of the Session Laws of 1919, and all acts and parts of acts in conflict

herewith are hereby repealed.

Laws, 1919, ch. 239, p. 483.

Sec. 1. Dry measure.—The standard measure of capacity for commodities sold by dry measure, shall be the bushel containing 2,150.42

cubic inches. The half bushel, peck, half peck, quarter peck, quart

and pint shall be derived by successively dividing that measure by

two.

Sec. 2. Liquid measure.—The standard measure of capacity for

liquids shall be wine gallon, containing 231 cubic inches; and 31.50

gallons shall constitute a barrel, and 63 gallons a hogshead.

Sec. 3. Lineal measure.—The standard measure of length, from

which all other measures of extension, lineal, superficial or solid, shall be derived, is the yard, of 3 feet, or 36 inches.

Sec. 4. Hundredv/eiglit.—In contracts for the sale of goods or commodities the term " hundredweight " shall mean 100 pounds

avoirdupois.

Sec. 5. Standard weight of bushel, etc.—In contracts for the sale of

any of the following articles, the term " bushel " shall mean the

number of pounds avoirdupois herein stated : ^ Pounds

Alfalfa 60 Apples 50

Apples, dried 28

Barley 48 Beans 60

Beans, broad Windsor 47

Beans, Lima 55 Beans, white runner pole 50

Beets 60 Blue grass seed 14 Bran 20 Bromus inermis 14

Pounds Broom corn seed 30

Buckwheat 42

Corn, in the ear 70

Corn, shelled 56 Corn, sweet 48

Carrots 45 Chestnuts 50

Clover seed 60

Coal, stone 80

Cranberries 36 Cucumbers 48 Flaxseed 56

^ A slight change has been made in the arrangement for convenience of reference.
NORTH DAKOTA 595

Pounds Pounds Hempseed

Hickon^ nuts Hungarian grass seed Lime

MiUet

Oats Onions

Onions, bottom sets Onions, top sets Orchard grass seed Parsnips

Peaches, dried Peanuts

Pears Peas

Plastering hair, unwashed

50

5048

80

50

3252

32

28

14422822

4560

8

Sorghum seed

Speltz

Timothy seed. Turnips Tomatoes

Walnuts

Wheat

Plastering hair, washed.

Potatoes, Irish Potatoes, sweet Rapeseed

Rhubarb

Rutabagas ' Rye

Salt

4

60

46

50

50

52

5680

5740

4560

50

50

60

Sec. 6. Standard measurement of wood.—In all contracts for ^ale of

wood the term " cord '" shall mean 128 ci-.b'c feet of wood, in fourfoot lengths ; and if the sale is of " sa\ved wood.'' a cord shall mean

J 10 cubic feet when ranked, or 160 cubic feet when thrown irregularly or loosely into a conveyance for delivery to the purchaser;

and if the sale is of " sawed and split wood, a cord shall mean 120

cubic feet, when ranked, and 175 cubic feet when thrown irregularly

and loosely in a conveyance for delivery.

Sec. 7. Standard weight of coal.—In all contracts for the sale of

coal, charcoal and ice the term "• ton " shall m.ean 2.000 pounds. A

sale of coal, charcoal and ice. except by weight is hereby prohibited.

See. 8. Standard weight of flour.—In all contracts for the sale of

flour, the term barrel shall mean 196 net pounds avoirdupois.

Sec. 9. Fractional parts.—All contracts for the sale of a fractional

part of a bushel, barrel, ton or cord of any article or commodity

on which the legal weight or measurement per bushel, barrel, ton,

cord, gallon or fractional parts has been established, shall require

and mean a like fractional part of the legal and established weight

or measurement per bushel, barrel, ton or cord.

Sec. 10. Penalty for violation.—"Whoever in bm'ing shall take any

greater numl)er of pounds or cubic feet to the bushel, barrel, ton,

cord, gallon or fractional part, as the case may be and as herein

allowed and provided, or in selling shall give any less number shall be guilty of a misdemeanor, and upon conviction thereof shall be

punished by a fine of not less than ten dollars nor more than one hundred dollars or by imprisonment for not less than ten days nor more than ninety days in the county jail, and the cost of s^^ch proceeding.

Sec. 11. Vaiiation.—The State inspector of gi'ades, weights and

measures- shall establish uniform tolerance or reasonable variances

to take care of unavoidable shrinkage and all scale variations in handling and weighing any of the articles mentioned in this act. Sec. 12. Repealing clause.—Section 3006 of the Compiled Laws of

North Dakota for the year 1913 and all other acts and parts of acts in conflict with the provisions of this act are hereby repealed.

> This office abolished by Laws, 1923, ch. '344, p. 515, which repealed Laws. 1919. ch

241, p. 487.
596 I/AWS CONCERNING WEIGHTS AND MEASURES

Laws, 1923, ch. 222, p. 289.

Sec. 6. 'Eet contents to be marked on packages containing food.—That

for the purposes of this act an article shall also be deemed to be

misbranded: * *

* B. In the case of food: * *

* Fourth. If, in package form, the name of the article, together

with the quantity of the contents in terms of weight, measure or numerical count, be not plainly and conspicuously marked on the

the outside of the package.

Fifth. If, in package form, the package be not filled with the

food it purports to contain, irrespective of whether the quantity of

the contents be plainly and conspicuously marked on the outside of the package in terms of weight, measure or numerical

count. * *

* Sec. 7. Lard, how sold.—E\ery lot of lard, or of lard compounds,

or of lard substitutes, unless sold in bulk, shall be sold in pails or

other containers holding one, three or five pounds net weight, or some whole multiple of these numbers and not any fractions thereof.

Sec. 8. Bread, how sold.—It shall be unlawful for any person to

sell, offer or expose for sale or to have with intent to sell or trans- port any bread, the loaf of which is not one of the following

weights: Sixteen ounces; twenly-iour ounces avoirdupois or any

whole multiple of sixteen ounces avoirdupois. The weights shall

apply alike to each unit of tvv'in or multiple loaves. Any loaf shall be of the required vvcight at any period from the time of baking

until twelve hoiirs thereafter. The above required weight standards

shall apply alike to wheat bread, white bread, milk bread, rye bread,

raisin bread, currant bread, brown bread, graham or whole wheat

bread and other similar kinds of farinaceous substances baked in

loaves and knov\ai and designated by the trade as bread. The aver- age weight of loaves shall be as often above as below any permissible weights: Provided, That the weight standards defined in this

section shall not be construed to apply to cake, buns, biscuits and

similar small unit products.

Sec. 9. Special weights and sizes.—It shall be unlawful for any

person, firm or corporation to manufacture, sell or expose for sale,

any article of food or drug in any package or container, the size or shape of which may deceive or tend to deceive the purchaser of such

product as to the contents of said package or container, and that for

the purpose of preventing fraud and deception, the State food commissioner and chemist shall hereby be authorized to establish, publish and enforce rules and regulations relative to the size, weight

or style of package of other specific food or drug commodities than

those specifically named in section 7 and section 8 of this act, and

such rules and regulations shall have the force and effect of law.

Comp. Laws, 1913, Vol. 1, ch. 38, p. 614.

Sec. 3014 (1909). Unlawful to buy at other than legal weight; dockage.—It shall be unlawful for any person, firm, association, copartnership or corporation doing business in the State to purchase or

receive any wheat, oats, barley, flax, or other grains at a different

v/eight for the bushel measure than the number of pounds fixed by

the laws of our State, and no dockage shall be taken or received on
NOETH DAKOTA 597

same, excepting on such grains as the grain inspection boards for

the terminal markets of the States of Minnesota and Wisconsin

place a dockage.

Sec. 3015. Penalty.—Any person, firm, association, copartnership or corporation found guilty of violating the provisions of this article shall be guilty of a misdemeanor and be fined not less than twentyfive nor more than one hundred dollars for each and every offense.

Sec. 3018 (al893). Public scales.—The board of county commissioners of any county is authorized in its discretion, when petitioned by

fifteen or more residents and actual farmers of the county, to establish and locate public scales at suitable railway stations in its county.

Sec. 3017. Care and capacity of scales.—Such scales shall be purchased by the county, and shall be under cover, and of not less than fiA^e tons' weighing capacity, and shall be the property of the

county, and at all times under its control and subject to removal

v/hen the county commissioners shall so require.

Sec. 3018. Appointment of v/eigiimasters.—The board shall also

appoint at each place where it establishes such scales, a public weighniaster, who shall have the custody and care of such property, and

who shall give a bond in the sum of five hundred dollars, conditioned

for the safe-keeping of the tame and for the faithful and impartial

discharge of his duties.

Sec. 3019. Weighmasters to keep record.—Each public Aveighmaster

shall keep a stub record of all weighing, which record and the re- ceipt of such weighmaster shall show for whom property was

weighed, and shall, with such receipt, constitute prima facie evidence

of the facts therein contained.

Sec. 3020. Compensation.—Such jjublic vveighmasters shall receive

such compensation and shall be governed by such rules and regula-

(ions as may be adopted by the board of county commissioners, and

laay be removed at any time by such board for cause. Comp. Laws, 1913, Vol. 2, ch. 71, p. 229S.

Sec. 8983'. False weights and measures; penalty.—If any person Avith intent to defraud, uses a false balance, weight or measure, in the

weighing or measuring of anything whatever that is purchased, sold,

bartered, shipped or delivered, for sale or barter, or that is pledged

or gi\"en in payment, he shall be punished by fine not exceeding one hundred dollars nor less than five dollars, or by imprisonment in a county jail not more than thirty days, or by both such fine and

imprisonment, and shall be liable to the injured party in double

the amount of damages.

Sec. 9984. Retaining same.—EA^ery person who retains in his possession any weight or measure, knowing it to be false, unless it appears beyond a reasonable doubt that it v/as so retained Avithout

intent to use it, or permits it to be used in violation of the last sec- tion, shall be punished as therein provided.

Sec. 9985. Officer may seize same.—Every person wlio is authorized

or enjoined hj law to arrest another person for a violation of sec- tions 9983 and 9984, is equally authorized and enjoined to seize any

false weights or measures found in the possession of the person so arrested, and to deliver the same to the magistrate before whom the

person so arrested is required to be taken.
598 LAWS CONCERNING WEIGHTS AND MEASUEES

Sec. 9986. May be tested and destroyed.—The magistrate to whom

any weight or measures is delivered, pursuant to the last section,

shall, upon the examination of the accused, or, if the examination is delayed or prevented, without awaiting such examination, cause the same to be tested by comparison with standards conformable to law

and if he finds it to be false, he shall cause it to be destroyed, or to be delivered to the State's attorney of the county in which the accused

is liable to prosecution or trial, as the interests of justice in his

judgment may require.

Sec. 9987. Duty of State's attorney.—Upon the conviction of the

accused, such State's attorney shall cause any weight or measure in

respect whereof of the accused stands convicted, and which remains

in the possession or under the control of such State's attorney, to be

destroyed.

Sec. 9988. Stamping false weight or tare.—Every person who knowingly marks or stamps false or short weight or false tare on any

cask or package, or knowingly sells or offers for sale any cask or package so marked, is guilty of a misdemeanor.

Comp. Laws, 1913, Vol. 1, ch. 44, p. 855.

Sec. 3599 (al913). General powers of city council; to provide for the

place and manner of selling' commodities ; regulate selling of bread ; regulate inspecting, weighing and measuring of certain articles; weights and

measures, sealing of, etc. ; vendors to use correct weights and measures.

The city council shrJl have power

36. To p'rov'de for the place and manner of sale of meats, poultry,

fish, butter, cheese, lard, vegetables and all other provisions, and

regulate the selling of the same.

37. To reguiate the sale of bread in the city and prescribe the

weight and quality of the bread in the loaf.

39. To regulate the inspecting, weighing and measuring of lumber,

firewood, coal, hay and other articles of merchandise, to establish or

purcha.se one or more city scales, and to require dealers in hay, coal,

firewood or any other commodity which in the judgment of the

city council should be weighed upon the city scales, to use such

scales in the sale of such commodity, and such city is authorized to charge a reasonable fee therefor.

40. To provide for the inspection and sealing of weights and

measures.

41. To enforce the keeping and use of proper weights and measu.res by vendors.

70. To tax, licence and regulate auctioneers, lumber yards, jDublic

scales, money changers and brokers.

Comp. laws, 1913, Vol. 1, ch. 45, p. 924.

Sec. 3818 (al911). General powers of commissioners.—The board of

city commissioners shall have power: * * *

30. To regulate the sale of bread in the city and prescribe the

weight and quality of the bread in the loaf.

32. To regulate the inspection, weighing and measuring of lumber,

firewood, coal, hay and any articles of merchandise.

33. To provide for the inspection and sealing of weights and

measures.
NOETH DAKOTA 599

34. To enforce the keeping and use of proper weights and measures by vendors.

Comp. Laws, 1913, Vol. 1, Art. 59, p. 726.

Sec. 3007°. Ton of hay.—A ton of hay shall consist of two thousand

pounds ; or by measurement, three hundred and forty-three cubic feet after the same shall have been stacked thirty days or such time as may be agreed upon between the parties.

Sec. 3008. Perch of stone.—A perch of mason work or stone shall

consist of twenty-live feet, cub'c measure.

Comp. laws, 1913, Vol. 1, ch. 14, p. 1103.

Sec. 4775 (1890). Platform scales.—Every railroad company shall allow suitable scales to be erected either upon the platform or upon

the grounds adjacent thereto, if upon their right of way, for weighing and shipping purposes.

Sec. 4776. Penalty.—Every railroad comj^any neglecting or refusing to comply with the requirements of the last four sections shall be deemed guilty of a misdemeanor and be subject to a fine of not

less than five hundred dollars for every thirty days such failure shall continue after notice as aforesaid.

Laws, 1919, ch. 192, p. 358.

Sec. 6. Track scales, installation of.—The commissioners [the board

of railroad commissioners of the State] shall have the power to order

and require the installation of track scales by common carriers at all points in the State where the same are deemed to be necessary and

to enforce reasonable regulations for the weighing of cars and

freight.

Sec. 9.

(a) The commissioners and their officers and employes

shall have the power to enter upon any premises occupied by any

public utility for the purpose of making examinations and tests and

exercising any of the powers provided for in this act and to set out

and use on said premises any weights or appliances necessary therefor. (&) Any consumer or user of any produce or commodity or

service of a public utility may have any appliance used in the meas- urement thereof tested by paying the fees fixed by the commissioners.

The commissioners shall establish and fix reasonable fees to be paid

for testing such appliances, (c) The commissioners shall have the

power to ascertain and fix just and reasonable standards, classifica- tions, regulations, practices, measurements or services to be furnished, imposed, observed and followed by all public utilities; to ascertain and fix adequate and serviceable standards for the measurement, quantity, quality, pressure, initial voltage or other condition

pertaining to the supply of the product, commodity or service furnished or rendered by any such public utility ; to prescribe reasonable

regulations for the examination and testing of such products, com- modity or service and for the measurement thereof; to establish rea- sonable rules, regulations, specifications and standards to secure the

accuracy of all meters and appliances for measurements, and to provide for the examination and testing of any and all such appliances

used for the measurement of any product, commodity or service of

any public utility.
600 LAWS CONCEENING WEIGHTS AND MEASUEES

Comp. Laws, 1913, Vol. 1, ch. 38, p. 614.

Sec. 2853, as amended by Laws, 1915, ch. 81, p. 93. Standard milk and

cream measures and tests.—The State standard milk measure, or

pipette, shall have a capacity of seventeen and six-tenths cubic centi- meters, and the standard test tubes or bottles for milk shall have a capacity of two cubic centimeters of mercury at a temperature of

sixty degrees Fahrenheit between " zero," and ten on the graduated

scale on the neck thereof. Cream shall be tested by weight and the

standard unit for testing shall be eighteen grams, and the standard

test tubes or bottles shall have a capacity for ten cubic centimeters

of mercury at a temperature of sixty degrees Fahrenheit between

zero," and fifty on the graduated scale on the neck thereof, and it is hereby made a misdemeanor to use any means of determining the

amount of butterfat in milk or cream other than the Babcock test, or to use any measures, weights, test tubes or bottles, other than those

herein described to test the value of milk or cream or the products

of either or both, or to determine the percentage of butterfat con- tained therein. Any manufacturer, merchant, dealer or agent in

this State who shall offer for sale or sell a milk pipette or measure,

test tube or bottle, which is not marked or graduated as herein provided shall be guilty of a misdemeanor and upon conviction thereof

shall be punished as provided by law.

Sec. 2890. Fertilizers; net weight to be shown.—^Every person who

shall sell, offer or expose for sale in this State any commercial fertilizer or any material to be used as a fertilizer, the selling price of

which exceeds five dollars per ton, shall stamp on or affix to each

package of such fertilizer, in a conspicuous place on the outside

thereof, a plainly printed statement which shall certify as follows:

1. The number of net pounds of fertilizer in the package sold or

offered for sale.

2. The name, brand or trade-mark under which the fertilizer is sold.

3. The name and address of the manufacturer of the fertilizer.

Sec. 2911, as amended by Laws, 1921, ch. 37, p. 71. Weight to be

marked on packages of feeding stuff.—Every lot or parcel of any

" concentrated cotamercial feeding stuff," as defined in section 3

[^2913], used for feeding farm live stock, sold, offered or exposed for

sale in the State, shall have affixed in a conspicuous place on the outside thereof, a legible and plainly written statement, clearly and truly

certifying the number of net pounds contained therein, the name,

brand or trade-mark under which the article is sold, the name and

address of the manufacturer or importer, * *

* Comp. Laws, 1913, Vol. 2, ch. 51, p. 2256.

Sec. 9763°. Omitting to mark baled hay.—Every person who, in

putting up or pressing any bundle of hay for market, omits to put

the number of pounds in each bundle or bale so put up, for which

he sells or offers to sell it, is guilty of a misdemeanor.

Sec. 9764. Fraudulently increasing weight.—Every person who, in

putting up in any bag, bale, box, barrel or other package, any hops,

cotton, hay or other goods usually sold in bags, bales, barrels or

packages, by weight, puts in or conceals therein anything whatever

for the purpose of increasing the weight of such bag, bale, box.
NORTH DAKOTA 601

barrel or package, is punishable by a fine of twenty-five dollars for

each offense. Comp. Laws, 1913, Vol. 2, ch. 57, p. 2288.

Sec. 9845°. Weighinaster making false entry.—^Every weighmaster

upon any canal that may hereafter be constructed and owned by this

State and every clerk of such weighmaster, who knowingly makes a

false entry of the weight of any boat or cargo of any boat navigating

such canal, or who knowingly makes a false certificate of the light

weight of any boat, is guilty of a misdemeanor.

Laws, 1915, ch. 188, p. 273.

Sec. 13, as amended by Laws, 1917, ch. 162, p. 228. Barrel of illuminating oils, gasoline or petroleum products.—Each and every inspector

and deputy inspector who shall inspect any consignment of illuminating oils or gasoline or petroleum products of less than one hundred degrees Fahrenheit, flash test, as provided in this article, shall

charge the consignor or consignee of such goods the sum of three

cents for testing a barrel or less quantity. Fifty gallons shall constitute a barrel * *

*

Laws, 1919, ch. 165, p. 284.

Sec. 10. Inspector ex officio sealer of weights and measures.—The

State coal mine inspector is hereby made, equally with the State

inspector of weights and measures, ex efficio sealer of v^^eights and

measures, in so far as the same relates to coal mines and coal mining,

and as such is empowered to test and compare all weights and

measures used in weighing and measuring coal at any coal mine,

or used in measuring air passages or other openings in coal mines,

with the standards of weights and measures kept by the State

inspector of M^eights and measures. Upon the written request of

any coal mine owner or operator or ten coal miners employed at any one time, it shall be his duty to test and prove any scale or

scales at such mine against which complaint is directecl. In the event that any test made by said coal mine inspector shall conflict

with any test made by any State sealer of weights and measures, then the tgst by said State coal mine inspector shall prevail.

Sec. 11. Standard test weights to be furnished to inspector.—For the

purpose of carrying out the provisions of this act, the State coal

mine inspector shall be furnished by the State with such sets of

standard weights suitable for testing the accuracy of track scales,

and all smaller scales at mines, as may in the judgment of the State

coal mine inspector be necessary; said test weights shall remain in

the custody of the State coal mine inspector for use at any point

within the State, and for any amounts expended by him for the

storage, transportation or the handling of the same, he shall be

fully reimbursed upon making proper entry of the proper items in

his expense voucher.

Sec. 12. Refusal of mine operators to furnish facilities for examination.—If any owner, lessor or operator shall refuse to permit such

inspection or to furnish the necessary facilities for making such

examination and inspection, the inspector shall file his affidavit setting forth his refusal with the judge of the district court in said

county in which said mine is situated, either in term time or vaca-
602 LAWS CONCERNING WEIGHTS AND MEASUEES

tion, and the said judge shall thereupon issue an order on such owner,

operator or agent so refusing as aforesaid, commanding him to per- mit and furnish such necessary facilities for the inspection of such

coal mine, or to be adjudged to stand in contempt of court and

punished accordingly.

Sec. 34. Oath of weighman; check weighman.—The weighman

employed at any mine shall subscribe to an oath of affirmation before some officer authorized to administer oaths, to do justice between employer and employe, and to truly and correctly weigh

the output of coal from the mines as herein provided. The miners

employed by or engaged in working for any mine owner, operator,

lessee of any mine in this State shall have the privilege, if they

desire, of employing at their own expense a check weighman who

shall have like equal rights, powers and privileges in the weighing of coal as the regular weighman and be subject to the same

oath and penalties as the regular weigliman. Said oath or affirmation shall be kept conspicuously posted in the weight office and

any weigher of coal or person .so employed, who shall knowingly

violate any of the provisions of this section, or any owner, operator

or agent of any coal mine in this State who shall forbid or hinder

miners employing or using check weighmen as herein provided,

or who shall prevent or willfully obstruct any such check weighman

in the discharge of his duty, shall be deemed guilt}' of an offense

against this act. Whenever the State coal mine inspector, or his

deputy, shall be satisfied that the pi'ovisions of this section have

been wilfully violated it shall be his duty to forthwith inform

the prosecuting attorney of any such violation, together with all the facts within his knowledge and the prosecuting attorney shall thereupon investigate the charges so preferred, and if he is satisfied that the provisions of this section have been violated, it shall be

his duty to prosecute the persons guilty thereof.

Sec. 35. Must not use false weights.—Any person or persons having

or using any scale or scales for the purpose of weighing the output

of coal at mines must not arrange or construct them so that fraudulent weighing may be done thereby, and must not knowingly

resort to or employ any means whatsoever by reason of which

such coal is not correctly weighed and reported in accordance with

the provisions of this act.
OHIO

Gen. Code, 1921, Throckmorton, oh. 32, p. 1534.

Sec. 6403 (al875). Standards, those furnished by United States Government; metric system.—The standard weights and measures furnished this State by the Secretary of the Treasury of the United

States under a resolution of Congress, approved June 14, 1836, shall be the legal standard of weights and measures throughout the State. This chapter shall not prevent the use of the v/eights and measures

of the metric system, authorized by Congress of the United States, as it appears in the Kevised Statutes of the United States.

Sec. 6404°. By what standard contracts construed.—Contracts for

work to be done, or for anything to be sold by weight or measure,

shall be construed according to the standards hereby adopted as the standards of this State.

Sec. 6405 (1861). Yard, the standard measure of length and surface.

The unit of standard measure of length and surface, from Avhich

all other measures of extension, whether lineal, superficial or solid, shall be derived and ascertained, is the standard yard, in posses- sion of the Secretary of State, and furnished by the Government

of the United States. The yard shall be divided into three equal

parts, called feet, and each foot into twelve equal parts, called inches.

For the measure of cloths and other commodities commonly sold

by the yard, it may be divided into halves, quarters, eighths and

sixteenths.

Sec. 6406°. Contents of a rod, pole, perch, mile, or chain; links.—The

rod, pole or perch shall contain five and a half such yards, and

the mile, one thousand seven hundred and sixty such yards. The

chain for measuring land shall be twenty-two yards long, and be

divided into one hundred equal parts, called links.

Sec. 6407°. Acre.—The acre for land measure shall be measured

horizontally, and contain ten square chains, and be equivalent in area

to a rectangle sixteen rods in length and ten rods in breadth. Six

hundred and forty acres shall be contained in a square mile.

Sec. 6408°. Perch of mason work or stone.—The perch of mason work

or stone shall consist of twenty-five cubic feet.

Sec. 6409 (1869). Cord of firewood or tanbark.—The standard measure of a cord of firewood or tanbark shall be one hundred and

twenty-eight cubic feet, well stowed and packed.

Sec. 6410°. Standard weights.—The units or standards of weight

from which all other weights shall be derived and ascertained shall be the standard avoirdupois and troy weights furnished this State

by the United States Government.

Sec. 6411 (1861). Pound and its subdivisions; ton.—The avoirdupois

pound, which bears to the troy pound the ratio or seven thousand

to five thousand seven hundred and sixty, shall be divided into six- teen equal parts called ounces. The hundredweight except of pig603
604 LAWS CONCEBNma WEIGHTS AND MEASUKE3

iron and iron ore, shall consist of one hundred avoirdupois pounds,

and twenty hundredweight shall constitute a ton. The troy ounce

shall be equal to the twelfth part of a troy pound.

Sec. 6412°, Gallon.—The unit or standard measure of capacity for

liquids, from which all other measures of liquids shall be derived

and ascertained, shall be the standard gallon, and its parts, furnished this State by the Government of the United States.

Sec. 6413 (al896). Barrel and hogshead, and branding thereof.—The

barrel shall contain thirty-one and one-half gallons, and two barrels

shall constitute a hogshead. Barrels,^ for the purpose of containing

apples, potatoes, onions or other fruit, produce or vegetables, shall be made of staves of seasoned timber, twenty-eight and one-half

inches in length with cut heads of seventeen and one-eighth inches

in diameter and shall measure at the bulge not less than sixty-six

inches in circumference, outside measure. Such barrel shall be

known as " the standard barrel," and on the outside of one or more

of the staves thereof shall be stamped or branded the words " State

of Ohio, standard," the name of the cooper or manufacturer thereof

and the name of the city or town nearest to which the cooper shop

or place of business of such manufacturer is located.

Sec. 6414°. Half bushel.—The unit or standard measure of capacity

for substances other than liquids, from which all other measures of

such substances shall be derived and ascertained, shall be the standard half-bushel measure furnished this State by the Government of

the United States, the interior diameter of which is thirteen inches

and thirty-nine-fortieths of an inch, and the depth is seven inches

and one-twenty-fourth of an inch.

Sec. 6415 (al913). Bimensioiis and contents of measures for commodities other than liquid.—The peck, half-peck, quarter-peck, quart and

pint measures for measuring commodities other than liquids, shall be of the interior dimensions and capacities as follows, to wit: the

peck measure shall be eleven inches in interior diameter, five and

five-eighths inches in interior depth, and shall contain five hundred

thirty-seven and sis-tenths cubic inches; the half-peck measure shall be eight and one-half inches in interior diameter, four and threequarter inches in interior depth, and shall contain two hundred

sixty-eight and eight-tenths cubic inches ; the quarter-peck measures

shall be six and five-eighths inches in interior diameter, three and

seven-eighths inches in interior deptli, and shall contain one hundred

thirty-four and four-tenths cubic inches; the quart measure shall be

five and five-sixteenths inches in interior diameter, three inches in

interior depth, and shall contain sixty-seven and two-tenths cubic

inches; the pint measure shall be four and one-haJf inches in interior

diameter, two and nine-twenty-fifths inches in interior depth, and

shall contain thirty-three and six-tenths cubic inches.

Sec. 6416 (1861). Heaped measures.—Articles usually sold by heaped measure shall be heaped in a conical form as high as such articles permit.

Sec. 6417. How dry commodities measured.—Measures for measuring

dry commodities not usually heaped shall be struck with a straight

stick, with the edges rounded. Commodities other than liquids, when

sold by the gallon or less, shall be sold by the dry measure.

1 See footnote, p. 20, relative to the Federal standard barrel.
OHIO 605

Pounds Wheat 60

Indian corn, in the ear 68

Indian corn, shelled 56 Corn meal 48 Popcorn, in the ear 42 Sweet corn, shelled 45

Kaffir corn 56 Broom corn 45 Oats 32 Rye 56 Barley 48 Buckwheat 50

Irish potatoes 60 Sweet potatoes 50 Beans 60 Peas 60 Onions 56 Onion sets 28 Tomatoes 56 Turnips 60

Parsnips 50

Beets 56

Sec. 6418 (al913). Standard weight of bushel; penalty.—A bushel, in

avoirdupois weight, of every article herein mentioned shall be, viz : ^ Pounds Carrots 50

Hominy 60

Malt 34

Apples 48 Dried apples 24

Peaches 48

Dried peaches 33 Grapes 48 Plums 50

Clover seed 60 Timothy seed 45

Millet seed 50 Hungarian grass seed 50

Flax seed 56 Sorghum seed 50

Hempseed 44 Domestic walnuts 50 Hickory nuts 50

Lime 70

Coke 40

Bituminous coal 80

Cannel coal 70 Unless otherwise agreed to, all of the above mentioned articles shall when dealt in by the bushel, be bought and sold upon such

actual bulk weight, and no test for moisture shall be used to change

the standards herein provided. The prosecuting attorney of each

count}^ shall enforce the provisions of this act. Any person, firm,

company, corporation, agent or employe violating any of the provisions of this section shall be deemed guilty of misdemeanor, and

upon conviction shall be fined not more than one hundred dollars, or imprisoned in the county jail (if a company or corporation, its president) not more than six months, or both.

Sec. 6419 (al875). Busliel for measuring stone coal and lime.—The

standard bushel of stone coal, coke and unslacked lime, shall contain twenty-six hundred and eighty-eight cubic inches; and the

mieasure for m,easuring such articles shall contain two bushels, and

be of the following interior dimensions : Twenty-four inches diameter

at the top, twenty inches at the bottom, and fourteen and one-tenth

inches deep.

Sec. 6420 (al875). When coal sold by weight; when by measurement.

Sales of coal shall be by weight; and two thousand pounds avoirdupois shall constitute a ton thereof; but where coal can not be

weighed, it may be sold by measurement.

Sec. 6421 (1875). Selling coal in violation of provisions.—Whoever

sells stone coal in violation of this chapter shall be liable to the

person to whom such coal is sold and delivered in treble damages.

If the defendant in such action does not reside in the county where

the mine is located, service may be had upon him by leaving a copy of the summons at his place of business. A judgment recovered

in such action shall be a lien upon all property of such defendant

in the county from the day of service. This section shall not apply

to a person or corporation mining or selling less than fifteen thousand bushels of coal annually.

' A slight change has been made in the arrangement for convenience of reference.
606 LAWS CONCEENING WEIGHTS AND MEASURES

See. 6422 (1885). Standard of measurement for bushel of charcoal.

The standard of measurement for a bushel of charcoal shall be

twenty-seven hundred and forty-eight cubic inches.

Sec. 6422-1 (1919), Climax baskets for grapes and other fruits and

vegetables, standard sizes and dimensions.—That standards for Climax

baskets for grapes and other fruits and vegetables shall be the twoquart basket, four-quart basket and twelve-quart basket respectively

:

(a) The standard two-quart Climax basket shall be of the following dimensions: Length of bottom piece, nine and one-half inches;

width of bottom piece, three and one-half inches ; thickness of bottom

piece, three-eighths of an inch ; height of basket, three and seven- eighths inches, outside measurement; top of basket, length eleven

inches and width five inches outside measurement. Basket to have

a cover of five by eleven inches, when a cover is used.

(6) The standard four-quart Climax basket shall be of the following dimensions : Length of bottom piece, twelve inches ; width of

bottom piece, four and one-half inches; thickness of bottom piece,

three-eighths of an inch ; height of basket, four and eleven-sixteenths

inches, outside measurement; top of basket, length fourteen inches,

width six and one-fourth inches, outside measurement. Basket to have cover six and one-fourth inches by fourteen inches, when cover

is used.

(c) The standard twelve-quart Climax basket shall be of the fol- lowing dimensions: Length of bottom piece, sixteen inches; width

of bottom piece, six and one-half inches; thickness of bottom piece,

seven-sixteenths of an inch ; height of basket, seven and one-sixteenth

inches, outside measurement; top of basket, length nineteen inches,

width nine inches, outside measurement. Basket to have cover nine

inches by nineteen inches, when cover is used.

Sec. 6422—2. Standard basket for small fruits, berries and vegetables,

capacities and dimensions.—That standard basket or other container

for small fruits, berries and vegetables shall be of the following

capacities: namely, dry one-half pint, dry pint, dry quart, or multiples of the dry quart.

(a) The dry half-pint shall contain sixteen and eight-tenths cubic

inches.

(b) The dry pint shall contain thirty-three and six-tenths cubic

inches.

(c) The dry quart shall contain sixty-seven and two-tenths cubic

inches.

The dimensions of the one-quart box used in the sale of berries or other small fruits shall be as follows: Five and one-tenth inches

square on top, four and three-tenths inches square on the bottom

and three inches in depth.

Sec. 6422—3. Standard hampers for fruits and vegetables, capacities

and dimensions.—That the standard hampers for fruits and vegetables

shall be the one peck hamper, one-half bushel hamper, one bushel

hamper and one and one-half bushel hamper respectively.

(a) The standard one peck hamper shall contain five hundred

thirty-seven and six-tenths cubic inches, and conform to the following specifications : The inside diameter between staves at upper edge

of the top inside hoop shall be ten and three-eighths inches ; the inside

diameter of the bottom shall be six and one-half inches; the inside
OHIO 607

length of the staves shall be nine and five-eighths inches; the in- side top hoop shall be one-tenth inch thick and set with its upper

edge even with the upper ends of the staves ; there shall be ten staves,

each not less than one-tenth inch thick and ten and one-eighth inches

long ; and the bottom piece shall be one-half inch thick.

(b) The standard one-half bushel hamper shall contain one thousand, seventy-five and twenty-one one-hundredths cubic inches, and

conform to the following specifications : The inside diameter between

staves at upper edge of the top inside hoop shall be tliirteen inches

the inside diameter of the bottom shall be eight inches; the inside

length of staves shall be twelve and one-half inches; the inside top

hoop shall be one-ninth of an inch thick and set with its upper edge

even with the upper ends of the staves; there shall be ten staves,

each not less than one-tenth of an inch thick and thirteen and one- eighth inches long; and the bottom piece shall be five-eighths of an

inch thick.

(c) The standard one bushel hamper shall contain two thousand, one hundred fifty and forty-two one-hundredths cubic inches, and

conform to the following specifications : The inside diameter between

staves at upper edge of the top inside hoop shall be fifteen and one- eighth inches; the inside diameter of the bottom shall be nine inches;

the inside length of the staves to the upper edge of the top inside

hoop shall be nineteen inches ; the inside top hoop shall be one-eighth

of an inch thick and set with its upper edge three-eighths of an

inch below the upper ends of the staves ; there shall be either ten or twelve staves, each not less than one-eighth of an inch thick and

twenty inches long ; and the bottom piece shall be five-eighths of an

inch thick.

(d) The standard one and one-half bushel hamper shall contain

three thousand, two hundred twenty-five and sixty-three one-hundredths cubic inches, and conform to either of the following

specifications

(1) The inside diameter between staves at upper edge of the top

inside hoop shall be sixteen and one-fourth inches; the inside diameter of the bottom shall be nine inches ; the inside length of the staves

to the upper edge of the top inside hoop shall be twenty-five and

thirteen-sixteenths inches ; the inside top hoop shall be one-eighth of an inch thick and set with its upper edge three-eighths of an inch

below the upper ends of the staves; there shall be ten staves, each

not less than one-sixth of an inch thick and twenty-seven inches

long ; and the bottom piece shall be five-eighths of an inch thick.

(1) The inside diameter between staves at upper edge of the top

inside hoop shall be sixteen and three-fourths inches; the insidp

diameter of the bottom shall be ten inches ; the inside length of the

staves to the upper edge of the top inside hoop shall be twenty-three

inches ; the inside top hoop shall be one-eighth of an inch thick and

set with its upper edge three-eighths of an inch below the upper ends

of the staves ; there shall be ten staves, each not less than one-eighth

of an inch thick and twenty-four inches long, and the bottom piece

shall be five-eighths of an inch thick.

Sec. 6422-4. Standard round stave baskets for fruits and vegetables,

capacities and dimensions.—That the standard round stave baskets for

fruits and vegetables shall be one-half bushel basket, one bushel

517—27 39
608 LAWS CONCERNING WEIGHTS AND MEASURES

basket, one and one-half bushel basket and two bushel basket respectively.

(a) The one-half bushel round stave basket shall contain one thousand seventy-five and twenty one-hundredths cubic inches, and

conform to the following specifications: The inside diameter at the

upper inner edge of the top inside hoop shall be thirteen and one- half inches; the average inside depth shall be not less than eight

and one-half inches; the web shall consist of twenty intersecting

staves, each not less than one-eighteenth of an inch thick and of

such length that they will form the sides and bottom of a basket

which shall contain sixteen quarts, standard dry measure.

(&) The one bushel round stave basket shall contain two thousand, one hundred fifty and forty-two one-hundredths cubic inches,

and conform to the following specifications: The inside diameter

at upper inner edges of the top inside hoop shall be seventeen inches

;

the average inside depth shall be not less than ten and three-fourths

inches; the web shall consist of twenty intersecting staves, each not

less than one-eighteenth of an inch thick and of such length that

they will form the sides and bottom of a basket which shall contain thirty-two quarts standard dry measure.

(c) The one and one-half bushel round stave basket shall contain

three thousand, two hundred and twenty-five and sixty-three one-hundredths cubic inches, and conform to the following specifications:

The inside diameter at upper inner edge of the top inside hoop

shall be nineteen inches; the average inside depth shall be not less than twelve and three-fourths inches; the web shall consist of

twenty-four intersecting staves, each not less than one-sixteenth

of an inch thick and of such length that they will form the sides

and bottom of a basket which shall contain forty-eight quarts standard dry measure.

(d) The two bushel round stave basket shall contain four thousand, three hundred, and eighty-four one-hundredths cubic inches,

and conform to the following specifications : The inside diameter at upper inner edge of the top inside hoop shall be twenty and threefourths inches; the average inside depth shall be not less than

thirteen and three-fourths inches; the web shall consist of twentyfour intersecting staves, each not less than one-sixteenth of an inch

thick and of such length that they will form the sides and bottom of

a basket which shall contain sixty-four quai'ts, standard dry measure.

Sec. 6422-5. Unlawful to ship or deliver for shipment baskets or hampers in violation of this act; how filled; penalty.—That it shall be

unlawful to ship or deliver for shipment within the State of Ohio,

Climax baskets, small fruit baskets, hampers, or round stave baskets, for fruits or vegetables, either filled or unfilled or parts of

such Climax baskets, small fruit baskets, hampers or round stave

baskets, that do not comply with this act; or fruits or vegetables in

Climax baskets, small fruit baskets, hampers or round stave baskets, that at the time of such shipment, delivery for shipment, or

offer for sale, are not filled to the full capacity thereof, stricken measure. Any individual, partnership, association or corporation,

that wilfully violates this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine
OHIO 609

of not exceeding $100.00 or imprisonment not exceeding sixty days

or both.

Sec. 6422-6. Eules and regulations; inspection of baskets and authority

of agents in connection therewith.—That the secretary of agriculture

is authorized to prescribe such regulations as he may find necessary

for carrying into effect the provisions of this act, and to cause such

examinations and tests to be made as may be necessary in order to determine whether Climax baskets, small fruit baskets, hampers and

round stave baskets or parts thereof subject to this act, meet its requirements. For said purpose the authorized officers and agents

of the secretary of agriculture may visit factories, stock rooms, and

other places of business where such hampers or baskets or parts

thereof are manufactured or held for sale or shipment or offered for

sale, may enter cars, vessels, other vehicles and places under the control of carriers engaged in the transportation of such hampers or

baskets or parts thereof, and may take samples of such hampers or baskets or parts, the cost of which samples, upon request, shall be

paid to the person entitled thereto.

Sec. 6422-7. Enforcement of act; rules and regualtions prescribed and

tolerances allowed to conform to United States requirements.—-It shall be the duty of the secretary of agriculture to enforce all the provisions of this act, and to prescribe such rules and regulations not

otherwise herein provided, as he may deem necessary, for the efficient execution of the provisions of the same, including the amount of

tolerance necessary in the enforcement of this act, because of the

impossibility of perfect scientific exactitude in the manufacture of

such Climax baskets, small fruit baskets, hampers and round stave baskets ; and which regulations and tolerances shall be in conformity

with those from time to time promulgated by the United States Department of Agriculture.

Sec. 6422-8. Baskets of different form but same capacity may be per- mitted, v/hen.—The secretary of agriculture for good and sufficient reasons may permit the use of Climax baskets, small fruit baskets,

hampers and round stave baskets of a different form from the baskets

prescribed in this act but of the same capacity.

Sec. 6422-9. Bealer shall not be prosecuted when protected by guaranty.—That no dealer shall be prosecuted under the provisions of

this act when he can establish a guaranty signed by the manufactu,rer, wholesaler, jobber, or other party residmg within the United

States from whom such Climax basket, baskets, or other containers

as defined in this act, were purchased, to the effect that said Climax

basket, baskets, or other containers are correct within the meaning

of this act. Said guaranty, to afford protection, shall contain the

name and address of the party or parties making the sale of Climax

basket, baskets, or other containers, hampers or round stave baskets,

to such dealer, and in such case said guarantor shall be amenable

to the prosecutions, fines and other penalties which would attach in

due course to the dealer under the provisions of this act. Gen. Code, 1921, Throckmorton, ch. 11, p. 1777.

Sec. 7965 (al917). State sealer; standards shall be kept at Columbus

and comparisons made every three years; copies of standards shall be

procured by county and municipal officials; proving and sealing weights
610 LAWS CONCERNING WEIGHTS AND MEASURES

and measures.—The secretary of agriculture shall be State sealer, and

shall make, promulgate and enforce such rules and regulations as may be necessary to the prompt and effective enforcement of the

weights and measures laws of this State. The standards of weights

and measures adopted by the State shall be deposited in a suitable

foom at Columbus, and be kept in suitable cases, to be opened only

for the purpose of comparing them with such standards and copies

which by law are furnished for the use of the several counties or

villages unless by joint resolution of the general assembly, or upon a

call of either house for information, or by order of the governor for

scientific purposes. The secretary of agriculture shall, upon the

passage of this act, and once every three years thereafter, require

each county auditor and city or village sealer, in this State, to present

all standards of weights and measures in their possession to him for

comparison with the standards adopted by the State, and he shall

condemn and destroy all of such standards as do not conform with

the standards adopted by the State. Each county auditor and each

city and village sealer shall be required to procure copies of all the

original standards adopted by the State named in section 7966 of

the General Code, except such standards now in their possession as the secretary of agriculture shall find to. conform with the standards

adopted by the State. It shall be the duty of the secretary of agriculture to advise and assist all county, city and village sealers, and

generally be charged with the enforcement of all laws relating to weights and measures; and in the performance of such duties it [he] may use the services of any person employed under its department. The secretary of agriculture or any person employed by him

for that purpose may try and prove any weights, measures, bal- ance and any other weighing or measuring device or [on] request

from any person, and when the same are found or made to conform

to the State standards shall cause the same to be sealed and marked,

as provided in section 2616 of the General Code.

Sec. 7965-1. When weight or measure condemned and confiscated.

The secretary of agriculture or his deputy, or any other duly authorized sealer of weights and measures or his deputy, may inspect and

test any weight, measure, balance or other weighing or measuring

device, wherever the same is used or maintained for use, and if such

weight, measure, balance or other weighing or measuring device is found to be false or fraudulent, or can not be made to conform to the legal standard the same shall be condemned and confiscated by

the said sealer or deputy sealer.

Sec. 7965-2 (al917). Approving or condemning weights or measures upon examination.—The secretary of agriculture or any duly authorized sealer of weights and measures or his deputy, shall inspect and

test any weights and measures, balances and weighing or measuring

devices having a device for indicating or registering the price as well

as the weight or quantity of commodities both as to correctness of

weight or quantity and value indicated by them, the secretary or any sealer of weights and measures or his deputy shall seal such

weights and measures, or balances and weighing and measuring devices as shall be tested and found correct, and, after ten days' notice,

in writing, to the owner shall condemn or seize such as are found to be incorrect, and shall seal such weights and measures, balances,
OHIO 611

weighing and measuring devices having a device for indicating or

registering the price as well as the weight or quantity of commodities

only when correct, both in indications of weight or quantity and

value, and shall condemn or seize such in which the graduations or

indications are found to be false or inaccurately placed, either as to weight or quantity or value.

Sec. 7966 (1861). Copies of standards for use of counties.—Copies of

the original standards of the following materials, shall be procured

by the State sealer for the use of each county in this State, not al- ready furnished, in pursuance of law, and be delivered by him to the auditor thereof: One-half bushel measure, of one-eighth inch

copper, with brass rim; one gallon measure, of one-sixteenth inch

copper, with brass rim and handle; one-half gallon, one quart, one

pint and one-half pint measure, to be made in the same manner and

of the same material ; fifty, twenty-five, twenty, ten, five, four, three,

two, and one pound weights, avoirdupois, to be made of castiron,

turned, polished, and triramed; and one-half pound, one quarter

pound, two ounce, one ounce, half ounce, and quarter ounce weights,

troy, to be made of brass; one brass yard measure, graduated into

feet, inches and tenths.

Sec. 7967, Device on county standards.—The State sealer shall cause

to be impressed on each of the copies, so to be delivered to the counties, the letter "O," and such other device for each county as he

directs before its deposit in the county auditor's office. Such device

shall be recorded in the State sealer's office, and a copy thereof furnished to the auditor of the proper county.

Sec. 7968. Like copies to be furnished to cities and villages.—The State

sealer shall furnish like copies of the original standards to the

sealer of any city or village upon application therefor, and payment

of the cost thereof, by such city or village.

Sec. 7969. Expenses.—The State sealer shall render accounts to the

auditor of State of all moneys by him paid or liabilities incurred in

procuring and delivering copies of the standards to the counties ; and

the auditor shall audit such accounts and draw his warrants on the

State treasurer for the amounts he finds due, which must be paid by

the treasurer out of any moneys to the credit of the general revenue

fund.

Sec. 7970 (al891). Inspection of gas and meters.—The State sealer

of weights and measures shall have charge of all the apparatus and

property, belonging to the State, intended for the inspection of

illuminating gas and gas meters, and the testing of the registration

of meter-provers ; he shall test the registration of all meter-provers

that may be presented to him for that purpose, and stamp and seal

all such meter-provers, so tested, that are found correct. For testing

the registration of gas meter-provers, to be paid by the persons

requiring such service, he shall be allowed the sum of five dollars

for each meter-prover tested. aen. Code, 1921, Throckmorton, eh. 3, p. 733.

Sec. 2615 (al910). County sealer.—By virtue of his office, the

county auditor shall be county sealer of weights and measures and

shall be responsible for the preservation of the copies of the original

standards delivered to his office. It shall be the duty of the county

auditor to see that all State laws relating to weights and measures
612 LAWS CON-CEKNING WEIGHTS AND MEASURES

be strictly enforced throughout his county and to assist generally in

the prosecution of all violations of such laws.

Sec. 2616 (al917). Comparison by county sealer; stamp; penalty, juris- diction.—The county sealer shall compare all weights and measures, brought to him for that purpose, with the copies of standards in his

possession. When they are made to confirm [conform] to the legal

standards, the officer comparing them shall seal and mark such

weights and measures. No weight, measure, balance or other weighing or measuring device shall be used or maintained for weighing and

measuring in this State unless such weight, measure, balance or other

weighing or measuring device has been sealed or marked by the secre- tary of agriculture or any employe of the secretary detailed for that

purpose, or hj the county sealer ^ of the city or village in which the same is used or maintained, and by stamping upon each the letter "O"

and the last two figures of the year in which it has been compared

with legal standards, adjusted and found or made to conform to said

standards, with seals so provided by said secretary of agriculture,

for that purpose. Whoever violates any of the provisions of this

section shall be fined not less than fifty dollars nor more than one hundred dollars for the first oifense and for each subsequent offense

shall be fined not less than one hundred dollars, nor more than five hundred dollars and imprisoned for not more than ninety days or

both. A justice of the peace, police judge, or mayor shall have

jurisdiction in such cases as in cases of violation of law relating to the adulteration of food and drink and dairy products.

See. 2617 (1861). County sealer shall deliver copies to successor.

When a county sealer resigns, is removed from office, or removes from the county, he shall deliver to his successor in office the standards, beams, weights, and measures in his possession. In case of the

death of a county sealer his representatives shall, in like manner,

deliver to his successor in office such beams, weights, and measures.

Sec. 2618. Penalty for refusal.—In case of neglect or refusal to deliver such standards entire and complete, the successor in office may maintain a civil action against the person so refusing or neglecting, and recover double the value of such standards as have not

been delivered, with costs of suit, which shall be by him appropriated to the purchase of such standards as are required in his office. Sec. 2619. Surveyors' chains, and testimony.—No surveyor shall give

evidence in a cause pending in any of the courts of this State, or

before arbitrators, in any of the courts of this State, or before

arbitrators,* respecting the survey or admeasurement of any lands,

unless such surveyor makes oath, if required, that the chain or measure used by him was conformable to the standards of this State.

Sec. 2620. Penalty for using false weights and measures.—^If any

person hereafter uses any weights, measures, or beams, in weighing

or measuring, which do not conform to the standards of the State, or any other measures established by law, whereby a dealer in, purchaser, or seller of, any commodity or article of traffic is injured or defrauded, such dealer, purchaser, or seller, may maintain a civil action against the offender, and if judgment is rendered him, he

shall receive double damages and costs of suit.

' It would appear that tbe words " or by the sealer " were inadvertently omitted here when this section was revised in 1917.

* The words " in any of the courts of this State, or before arbltr»*ars," appear to be repeated inadvertently.
OHIO 613

Sec. 2631. When not to be enforced.—The provisions of the preceding two sections shall not be enforced in any county, unless it has

been furnished with copies of the standards of this State, at least six months previous to such measuring or surveying.

Sec. 2622 (al911). Deputy sealer of weights and measures; salary;

duties.—Each county sealer of weights and measures shall appoint

by writing under his hand and seal, a deputy who shall compare

weights and measures wherever the same are used or maintained

for use within his county, or which are brought to the office of the

county sealer for that purpose, with the copies of the original

standards in the possession of the county sealer, who shall receive a salary fixed by the county commissioners, to be paid by the county,

which salary shall be instead of all fees or charges otherwise allowed

by law. Such deputy shall also be employed by the county sealer

to assist in the prosecution of all violations of laws relating to weights and measures.

Sec. 2623 (1861). Fees.—Each sealer may receive for his services,

the following fees : For sealing and marking every beam, ten cents

for sealing and marking measures of extension, at the rate of ten

cents per yard, not exceeding twenty-five cents for any one measure

for sealing and marking each weight, five cents; for sealing and

marking liquid or dry measures, if of one gallon or more, ten cents,

and if less than one gallon, five cents; and a reasonable compensation for marking such weights and measures, so as to conform to the

standards.

Gen. Code, 1921, Throckmorton, ch. 7, p. 1118.

Sec. 4318 (al908). Sealer of weights and measures; cities and villages;

appointment and term.—The mayor may appoint a sealer of weights

and measures, who shall hold office co-extensive with the term of

office of the mayor who made his appointment, and until his suc- cessor is appointed and qualified, unless otherwise removed from

office. Sec. 4319. Qualification and compensation.—The sealer of weights

and measures shall be a competent person for the position, and shall

receive a salary fixed by ordinance, to be paid by the corporation,

which salary shall be instead of all fees or charges otherwise allowed

by law or ordinance.

Sec. 4320. Oath and bond.—Before entering upon his duties, the

sealer of weights and measures shall take the oath of office required

by law, and give bond to the corporation in such amount as is prescribed by ordinance, with security to the approval of the mayor,

and conditioned for the faithful performance of his duties.

Sec. 4321. Comparison with county standards.—At least once in three

years, the sealer of weights and measures shall compai'e the copy

of standards, in his possession with those in the office of the county

sealer.

Sec. 4322 (al911). Comparison and sealing of weights and measures; weighing and measuring devices, etc. ; may be seized, when.—The sealer

of weights and measures shall compare all weights and measures,

balances, weighing and measuring devices used in the purchase and

sale of commodities with the copies in his possession. Any weights

and measures, balances and weighing and measuring devices having a device for indicating or registering the price as well as the
614 LAWS CONCEENING WEIGHTS AND MEASUBES

weight or quantity of commodities shall be tested by him both as

to correctness of weight or quantity and value indicated by them;

such sealer shall seal such weights and measures, balances and weighing and measuring devices as shall be tested and found correct, and,

after ten days' notice in writing to the owner, shall condemn or

seize such as are found to be incorrect, and shall seal such weights

and measures, balances, weighing and measuring devices having a

device for indicating or registering the price as well as the weight

or quantity of commodities only when correct both in indications

of weight or quantity and value, and shall condemn or seize such in

which the graduations or indications are found to be false or inaccurately placed either as to weight or quantity or value.

Laws, 1921, p. 604.

Sec. 16. Bread sold by weight; units specified; statements on loaf or wrapper, required.—Bread shall not be sold or offered or exposed for

sale otherwise than by weight and shall be manufactured for sale and

sold only in units of sixteen or twenty- four ounces, or multiples of one pound. When multiple loaves are baked each unit of the loaf

shall conform to the weight required by this section. The weights

herein specified shall be construed to mean net weights twelve hours

after baking and to be determined by the average weight of at least twenty-five loaves. Such imit weights shall not apply to rolls and

such bread as shall be defined as fancy bread by the secretary of

agriculture. Every loaf of bread manufactured for sale, sold, offered or exposed for sale shall have alBxed thereon a plain statement in

plain position of the weight of the loaf of bread, the business name of

the maker, baker, or manufacturer. In the case of wrapped bread

such information shall be stated on the wrapper of each loaf and in

the case of unwrapped bread shall be stated by means of a pan impression or other mechanical means or shall be stated on a label using

plain legible type. Such label aifixed to an unwrapped loaf shall not be affixed in any manner or with any gums or pastes which are unsanitary and unwholesome, and there shall not be more than one

label of [on] a loaf or a unit.

Sec. 17. Rules and regulations for enforcement of provisions of law;

notice before prosecution.—The secretary of agriculture shall prescribe

such rules and regulations as may be necessary to enforce the pre- ceding section., including reasonable tolerances or variations within

which all weights shall be kept : Provided^ however^ That such toler- ances or variations shall not exceed one ounce per pound over or under the standard unit for single loaves: Provided^ however^ That

tolerance permitted in the weighing of twenty-five or more loaves

shall not exceed one-half ounce per pound. The said secretary, and

under his direction, the local sealers of weights and measures, shall cause the provisions of this section to be enforced. Before any pros- ecution is begun under this section the parties against whom complaint is made shall be notified and be given an opportunity to be

heard by said secretary.

Sec. 22. Penalty for violation.—A violation of any provision of this act or any rule or regulation adopted herein, shall, for the first offense, be fined not less than $25.00 nor more than $100.00, and for

each subsequent offense not less than $100.00 nor more than $300.00.
OHIO 615

Gen. Code, 1921, Throckmorton, ch. 16, p. 2951.

Sec. 13106, as amended by Laws, 1923, p. 121. Penalty for giving false or short weight.—Whoever, in buying or selling any property, or

directing or permitting an employee so to do, makes or gives a false or short weight or measure ; or whoever has charge of scales or steel yards fixed for the purpose of misweighing an article bought or

sold, or, having scales or steel yards for the purpose of weighing

property, reports a false or untrue weight; or whoever uses in the

sale of a commodity a computing scale or device indicating the

weight and price of such commodity upon which scale or device the

graduations or indications are false, or inaccurately placed, either

as to weight or price, shall be fined not more than five hundred

dollars.

Sec. 13107 (al877). Selling stone coal by unlawful weights or measures.—Whoever sells and delivers stone-coal except at legal weights

and measures, shall be fined not less than five dollars nor more than

fifty dollars or imprisoned not less than five days nor more than

thirty days.

Sec. 13109. Miller, grain dealer, etc., must use standard half bushel.

Whoever, being a commission merchant, miller, dealer, grain in- spector, corporation, firm, association or person, or an officer, agent

or employe thereof purchasing or receiving wheat in barter or ex- change for flour, or otherwise, from the original producer, his agent

or employe, for testing or determining the weight, grade, milling

or market value thereof, uses a measure other than the standard halfbushel or uses a measure that is a fractional part of such standard

half-bushel, furnished this State by the United States, shall be

fined not less than twenty-five dollars nor more than one hundred

dollars or imprisoned in jail not more than thirty days, or both.

Fines collected under this section shall be paid into the county treas- ury to the credit of the county fund.

Sec. 13128 (al919). Commodities sold by weight or count, quantity

of contents to be marked; tolerances and exemptions; repacking, or transferring brands or marks; net weight required; separate charge for wrapper may be made; penalty.—Whoever puts up or packs goods or

articles sold by weight or count into a sack, bag, barrel, case or package, or whoever puts up or fills a bottle, barrel, keg, drum, can or

other container with any commodity sold or offered for sale by

liquid measure, shall mark thereon in plain letters and figures tlie exact quantity of the contents thereof in terms of weight, measure

or numerical count; provided, however, that reasonable tolerances

and variations and also exemptions as to small packages shall be

established by rules made by the secretary of agriculture and shall conform to those of the federal law, and provided, further, that this act shall not apply to such packages or containers, weighed, put up,

packed or filled in the presence of the customer. Whoever, with intent to defraud, transfers a brand, mark or stamp placed upon a case or package by a manufacturer to another

case or package, or with like intent, repacks a case or package so marked, branded or stamped, with goods or articles of quality

inferior to those of such manufacturer shall be deemed guilty of a violation of this section.

Any article or commodity packed and sold by weight shall be sold

by net weight only, and no wood, paper, burlap, cord, paraffin or
616 LAWS CONCERNING WEIGHTS AND MEASURES

other substance used for wrapping or packing, shall be included as a part of the weight of such commodity sold. Provided^ however^ That nothing in this section shall prohibit

making a reasonable separate charge for any wrapper or container

used in packing or preparing such article or commodity for sale, if such be agreed to by the purchasers of such article or commodity at time of sale. Any person, firm, company, corporation or agent, who

fails to comply with any provision of this act, shall be fined not

less than twenty-five dollars ($25.00) nor more than five hundred

dollars ($500.00).

Sec. 13165 (1893). Labeling of binding twine.—Whoever, being a

dealer, manufacturing corporation, company or agent, sells or offers for sale a ball or parcel of binding twine, commonly employed in

binding grain, without there is attached thereto a tab or label on which is written or printed the kind of material of which it is composed and the weight of such ball or parcel, shall be fined not less than one dollar nor more than twenty-five dollars. Gen. Code, 1921, Throckmorton, ch. 1, p. 2995.

Sec. 13423 (al913). Special jurisdiction of justices, police judges and

mayors.—Justices of the peace, police judges and mayors of cities and villages shall have jurisdiction, within their respective counties,

in all cases of violation of any law relating to

1. Adulteration or deception in the sale of dairy products and

other food, drink, drugs, and medicines,

15. The prevention of short weighing and measuring and all violations of the weights and measures laws. Gen. Code, 1921, Throckmorton, ch. 1, p. 946.

Sec. 3616 (al908). Powers of municipal corporations.—All municipal

corporations ° shall have the general powers mentioned in this

chapter, and council may provide by ordinance or resolution for the

exercise and enforcement of them.

Sec. 3651 (al908). To seize false weights, etc.—To regulate the

weighing and measuring of hay, wood and coal, and other articles exposed for sale, and to provide for the seizure, forfeiture and

destruction of weights and measures, implements and appliances

for measuring and weighing which are imperfect or liable to indicate false or inaccurate weight or measure, or which do not con- form to the standards established by law and which are known, used

or kept to be used for weighing or measuring articles to be purchased,

sold or offered or exposed for sale. Gen. Code, 1921, Throckmorton, ch. 2, p. 1046.

Sec. 3988. Council may provide for electric current and gas inspection.—^In a municipality in which gas works are constructed, council may provide, by ordinance, for the appointment of an officer, to be known as inspector of gas, whose duty it shall be to inspect all gas and gas meters, and certify the correctness of all bills against consumers of gas, make photometric tests, and perform such other

duties as may be prescribed by ordinance, and the council shall fix

« Municipal coporations which, at the last Federal census had a population of five thousand or more are called cities, and those which had a population of less than five thousand are called villages.
omo 617

his compensation. Council may also provide for the inspection and

testing of meters used for measuring electric current for electric

light, power or other purposes, furnished by any individual or com- pany within the corporation, and may prescribe a suitable charge

for such inspection and testing, and the manner of collecting it. Gen. Code, 1921, Throckmorton, ch. 1, p. 1405.

Sec. 5785 (al919). What is misbranding of food, etc.—Food, drink,

flavoring extracts, confectionery or condiment shall be misbranded

within the meaning of this chapter ; * *

*

3. If in package form, and the contents are stated in terms of

weight or measure, they are not plainly and correctly stated on the

outside of the package; * *

*

Gen. Code, 1921, Throckmorton, ch. 14, p. 1449.

Sec. 5993 (1857). Penalty for undermarking tare on barrels of flour, etc. —A manufacturer of flour or meal, or packer of meat, butter, lard or

other packed article sold by weight, undermarking the tare upon a hogshead, cask, box or barrel, or part thereof, or placing thereon

a less quantity than that marked or branded thereon as specified

by law, shall forfeit the hogshead, cask, box or barrel, or part thereof,

and half the contents thereof. One-fourth of such entire contents

shall go to the party injured, prosecuting the case, with such other

damages as he may sustain, and the other fourth to the use of the

poor of the township where the conviction is had. The residue

shall be accoimted for to such manufacturer or packer, who shall be

notified by such inspector. Such forfeiture shall not take place, nor

conviction be had, when the light weight was occasioned after leaving

such manufacturer or packer, if such packing was done according to law.

Sec. 5998 (1830-31). Flour barrel, size of; weight and tare of barrel

of flour to be marked thereon.—Flour and meal shall be packed in

well-made barrels of seasoned timber, twenty-seven inches in length,

when finished, with a cut head of seventeen and one-half inches,

tightly boimd, with ten smart hoops or six flat hoops two inches

broad, secured with four nails in each end hoop, and three nails in

each outward bilge hoop. Such barrel shall contain one hundred and

ninety-six pounds of flour or meal, and the tare thereof shall be

marked on the head of such barrel by the miller, with a marking iron.

The weight of the flour or meal shall be branded on the barrel with a branding iron, to be provided by him for that purpose. * *

*

Sec. 5999 (ai891). Weight of flour to be branded on barrel or sack;

penalty.—A miller or mill owner shall brand or cause to be branded

on the head of each barrel or side of each sack the weight and quality

of the flour or meal contained therein, and the initial letter of his

Christian name and his surname in fi;ll; or if the mill is owned or operated by more than one person, then the name of such persons or such company. If a miller, mill owner or company neglects to so brand such flour or meal, or packs or exposes it for sale in a barrel

or sack of a less quantity or poorer quality than is branded thereon,

he or they shall forfeit and pay for each offense ten dollars for the

use of the county, and be liable to the person injured in double the

amount of damages sustained.
618 LAWS CONCERNING WEIGHTS AND MEASURES

See. 6002 (1830-31). Regulation barrels for beef or pork.—Barrels

for beef or pork shall be made of sound, well-seasoned white oak

timber, clear of sap wood, twenty-nine inches in length, with a cut head of seventeen and a half inches in diameter, bound with strong

hoops, one-third of the length thereof, at each end. When packed

and headed up, the outward hoop on each end shall be secured with

four nails of suitable size. Sec. 6003. Regulation half barrels for beef or pork.—Half barrels

for beef or pork shall be made of soimd, well seasoned white oak

timber, clear of sap, twenty-four inches in length, with a cut head

fourteen inches in diameter, bound with hoops one-third the length

thereof, at each end, the outward hoops thereof being secured with

at least three nails of suitable size. Sec. 6004. Weight of barrel of beef or pork.—A barrel of beef or pork, packed for exportation, shall contain two hundred pounds

of sound, clean, well-slaughtered meat, that is well fattened. * *

* Sec. 6006 (al869). Weight of gallon of linseed oil, etc.—^Vhen lin- seed, flaxseed or lard oil is sold by the barrel, without a special

agreement as to the measurement thereof, the standard for linseed or flaxseed oil shall be seven and one-half pounds to the gallon ; and

for lard oil, seven and two-fifths pounds to the gallon.

Sec. 6008. Inspector to weigh empty barrel and brand weight

thereon.—Inspectors shall inspect barrels intended for linseed, flax- seed or lard oil, and, before filling them, ascertain the weight thereof

and when so inspected and weighed, mark on such barrel the weight

thereof with marking irons, provided by the inspector for that purpose, with his name and the name of the county.

Sec. 6013. Regulations as to fish barrel; weight of barrel and contents.

Fish barrels shall be made of good, sound and seasoned timber, approved by the inspector, and be bound with at least twelve sufficient,

smart hoops, or eight flat hoops, not less than twO' inches broad, se- cured with at least three nails in each chime hoop, and contain two

hundred pounds of clean fish in each barrel, and one hundred pounds

of clean fish in each half-barrel. Only one species of fish shall be

packed into each barrel or half-barrel. All fish shall be salted with

not less than fifty pounds of coarse salt, or fifty-six pounds of fine

salt to each barrel, and in a like proportion to each half-barrel.

Sec. 6016 (1872). What barrel of fish shall contain.—A barrel of fish shall contain two himdred pounds, and a package or vessel, being or purporting to be a fractional part of such barrel, shall contain a like fractional pai't of two hundred pounds net, of fish, exclusive of salt, brine and package. A barrel or other vessel of fish packed or sold

in this State, shall have the number of pounds contained therein

distinctly branded upon the head thereof.

Sec. 6020 (1852). Ifet weight to be marked on barrels of salt.—Manufacturers of salt shall have it sufficiently drained, and packed in

good barrels made of good, sound, seasoned timber; the head and

bilge hoops to be nailed with not less than four nails in each hoop.

The head shall be bored with a metallic instrument not less than one

inch in size. The name of the manufacturer shall be distinctly

branded on the head thereof. Salt sold at the manufactorj- shall be

marked Avith the net weight in figures, directly under the name, with

good, durable paint.
OHIO 619

Sec. 6021. Penalty.—A manufacturer refusing to comply with the

next preceding section shall forfeit for each offense the sum of fifty cents per barrel, to be collected by any person in a civil action.

Sec. 6029 (1844). How tare of salt barrels regulated.—The inspector

of salt shall regulate the tare of barrels as follows : Barrels weighing less than three hundred pounds shall be tared at thirty pounds

barrels weighing over three hundred and less than four hundred,

shall be tared at thirty-five pounds; and barrels weighing over four

hundred pounds shall be tared at forty pounds.

Sec. 6036 (1830-31). Tare and net weight to be marked on butter

firkins.—Butter and lard shall be packed in tight and well seasoned

firkins or kegs, on each of which shall be marked with a marking

iron, the tare and net weight of the contents thereof. * *

*

Sec. 6037. Tare and net weight to be marked on biscuit casks.—Casks

containing biscuits, packed for exportation, shall be of a like size and quality as those specified for flour in this chapter, and the tare and net weight shall be marked thereon with a marking iron. * *

*

Sec. 6038. Dimensions, weight, and tare of pot and pearl ash barrels.

Pot and pearl ashes, subject to inspection, shall be placed in barrels

of well seasoned white oak or white ash, hooped with substantial

hoops for at least ten inches from each end, the staves not to be more than thirty-one inches nor less than thirty inches in length.

The head of a potash barrel shall not exceed nineteen inches, and

that of a pearl ash barrel, twenty-one inches in diameter; and no

barrel shall be tared less than fifty-six pounds. Barrels weighing

fifty-six pounds or more shall be so tared. An inspector of pot

and pearl ashes shall empty the barrels containing them brought

to him for inspection, examine and determine the quality, and

repack and brand the head of each barrel as prescribed in this

chapter.

Sec. 6039 (1861). Weight to be marked on packages of soap and

candles; penalty.—Manufacturers of soap and candles shall mark

upon each package or box thereof offered for sale the name of the

manufacturer, and the net weight avoirdupois of the contents thereof, in legible letters and figures. A manufacturer neglecting or re- fusing to comply with the provisions of this section or placing in

such box or package a less quantity than is marked or branded there- on shall forfeit one dollar for each offense and pay the costs of prosecution. Forfeitures collected hereunder shall be paid into the treas- ury of the county in which they are collected.

Sec. 6053. Dnty of inspector.—An inspector shall uncase and break

each hogshead, barrel, package, co^e or bo?^ of tobacco, or cause

it to be done in his presence, which he is called on to inspect and

weigh, in not less than four different places. If such inspector

believes that such tobacco is sound, clean, in good order and condition, and merchantable, he shall cause it to be weighed. He shall cause the head, side or bulge of such hogshead, barrel, box or package to be marked with the tare thereof, the quantity of net tobacco contained therein and the name of the warehouse. He

shall also mark the head of such hogshead, barrel, box or package,

with the initials of the name of the owner thereof and the number

of such hogshead, barrel, box or package.
620 LAWS CONCERNING WEIGHTS AND MEASURES

Sec. 6054. To preserve samples.—The inspector shall select two samples of each hogshead, barrel, box or package of tobacco inspected

by him and passed as sound and merchantable. Such samples shall consist of not less than six hands or bundles, each of which he shall

bind together with a cord and attach a label thereto. On such label shall be written the name of the person for whom, or in whose name

such tobacco is inspected, with the number of the package, the

gross weight, tare and net weight of such tobacco. One of such

samples shall be delivered to the purchaser of the tobacco, with a note

or certificate hereinafter provided for, and the other such inspector

shall retain for one year after such inspection.

Sec. 6055. Record of inspection to be kept.—The inspector shall cause to be entered in a book provided for that purpose, each hogshead of tobacco viewed, passed and marked by him, and the quality

thereof, mark and warehouse number, with the gross, tare and net weight thereof.

Sec. 6060. Inspector's receipt.—An inspector who passes tobacco

shall deliver to the owner as many receipts as may be required, not

exceeding one receipt for each hogshead or cask. Such receipt

shall state the place and time of reception, the mark, the warehouse

number, gross, tare and net weight for the tobacco inspected and

passed, and whether of the first or second quality. The first quality

shall consist of tobacco clear of and unmixed with trash. The to- bacco for which such receipt calls shall be delivered to the owner or bearer thereof on demand and surrender of such receipt.

Sec. 6062. Proprietor liable for failure of samples.—A proprietor of a conuhission leaf-tobacco warehouse shall be liable to the purchaser

of a hogshead, barrel, package, box or parcel of tobacco, inspected

and weighed at such warehouse, for the failure of the sample drawn

therefrom to fairly represent the tobacco packed therein. He shall

also be so liable for underweight existing in such tobacco inspected

and marked by such inspector as required by this chapter.

Gen. Code, 1921, Throckmorton, cb. 24, p. 1509.

Sec. 6334 (1908). Net weight and measure to be marked on packages

of paint.—The label on paint sold by measure shall show the net measure of the contents of the container, and on paint sold by weight,

the net weight of the contents of the package.

Sec. 6335. Possession prima facie evidence.—The possession of an

article or substance improperly marked or inaccurately labeled, as provided in this chapter, by a person, firm or corporation dealing

therein shall be prima facie evidence that it is so kept in violation

of this chapter and the penal statutes relating thereto.

Sec. 6336. Who empowered to enforce penal statutes.—The secretary

of agriculture shaU enforce the provisions of this chapter and the

penal statutes relating thereto and the secretary, his assistants, experts, chemists and agents shall have access and ingress to the places

of business, stores and buildings used for the sale of paint, turpentine, or linseed oil, and may open any package, can, jar, tub or other

receptacle containing an article that may be sold or exposed for

sale in violation of such provisions or statutes. The inspectors,

assistants or chemists, appointed by the secretary shall perform like duties and have like authority under this chapter and the penal

statutes relating thereto as is provided by law in other cases.
OHIO 621

Gen. Code, 1921, Throckmorton, ch. 16, p. 2951.

Sec. 13168 (1911). Penalty.—^Whoever violates any provision of

law relating to the labeling, marking, or stenciling of turpentine,

wood turpentine, paints, mixed paints and similar compounds or white lead by manufacturers or distributors thereof, shall be fined

not more than fifty dollars, and for each subsequent offense shall be fined not less than fifty dollars nor more than one hundred

dollars, or imprisoned not less than thirty days nor more than one hundred days, or both.

Gen. Code, 1921, Throckmorton, ch. 6, p. 2873.

Sec. 12722 (1904). Penalty for use of false standard measure for milk

or cream.—T^^ioever uses a standard measure of milk or cream other

than that which is defined in this section, where milk or cream is purchased by or furnished to creameries or cheese factories and where

the value of such milk or cream is determined by the per cent of

butter fat contained therein by the Babcock test, shall be fined not

less than twenty-five dollars nor more than one hundred dollars. In the use of the Babcock test the standard milk measures or pipettes

shall have a capacity of 17.6 cubic centimeters and the standard test tubes or bottles for milk shall have a capacity of two cubic centimeters for each ten per cent marked on the necks thereof. The

standard unit of cream for testing shall be eighteen grams.

Sec. 12723. Penalty for sale of falsely marked pipette.—Whoever

offers for sale or sells a milk pipette or measure, test tube or bottle

which is not correctly marked or graduated as provided in the next

preceding section, shall be fined not less than twenty-five dollars nor more than one hundred dollars. Gen. Code, 1921, Throckmorton, Suppl.

Sec. 12730-1 (1921). Weight of ice cream..— (a) * * * It [ice

cream] shall not weigh less than four and one-fourth pounds per

gallon. Gen. Code, 1921, Throckmorton, ch. 6, p. 2873.

Sec. 12763 (1906). Maple sugar and syrup defined.—Maple sugar or pure maple sugar and maple syrup or pure maple syrup are the unadulterated product [produced] by the evaporation of pure sap from

the maple tree. The standard of weight of a gallon of maple syrup

of two hundred and thirty-one cubic inches shall be eleven pounds. A

substance purporting to be maple syrup or maple sugar not made in

compliance with this section shall be an adulteration of maple syrup

or maple sugar, and maple syrup of less weight than herein required

shall be an adulteration of maple syrup.

Gen. Code, 1921, Throckmorton, ch. 6, p. 2082.

Sec. 9326 (1866). Illuminating gas; unit of measure.—The standard

or unit of measure for the sale of illuminating gas by meter shall be the cubic foot, containing sixty-two and three hundred twenty-one

one-thousandth pounds avoirdupois weight of distilled or rain water,

weighed in air, of the temperature of sixty-two degrees Fahrenheit's

scale, the barometer being at twenty-nine and one-half inches.

Sec. 9327 (1867). Meters to be sealed and stamped; penalty for failure

to seal and stamp.—No meter shall be set unless it is tested by a
622 LAWS CONCEENING WEIGHTS AND MEASURES

meter-prover, sealed and stamped as hereinafter provided. A comj)any authorizing the setting of a meter, or allowing it to be used

by a consumer of gas, without being so sealed and stamped, shall

forfeit and pay not less than twenty-five nor more than one hundred

dollars, to be recovered upon the complaint of such consumer, in the

name of the State, before any court of competent jurisdiction.

Sec. 9329 (al908). Meters; testing of; fee.—Meters in use shall

be tested on the request of the consumer, in his presence, if desired,

with a meter-prover, tested and sealed as provided by law, by an

officer or servant of the company. If the meter be found to be

correct, and it shall be deemed correct if there be no greater variation than three per cent, the party requesting the inspection shall pay a fee of twenty-five cents, and the expense of removing it for the

purpose of being tested. The re-inspection shall be stamped on

the meter. If proved incorrect, no fees or expense shall be paid

by the consiuner, and the company shall furnish a new meter without charge to the consumer. No gas company shall charge rent for

meters.

Sec. 9338 (al915). Meter-prover and photometer; penalty.—All gas

companies supj)lying the public with artificial or natural gas, which

are not supplied with such apparatus, forthwith shall provide for

their use a meter-prover, the holder of which must contain not less than five feet, such prover to be tested in the place where it is to be

used and stamped and sealed by the public utilities commission of

Ohio, all such tests to be open to the public. All gas companies supplying artificial or natural gas for illuminating purposes shall on

the order of the public utilities commission of Ohio provide for their use a photometer of a type approved by such commission. The

failure on the part of any person, firm or corporation supplying the

public with artificial or natural gas to comply with the provisions

of this section shall cause said person, firm or corporation to forfeit

and pay to the State not less than twenty-five dollars nor more than one hundred dollars to be recovered upon the complaint of any such

consumer, in the name of the State, before any court of competent

jurisdiction. Gen. Code, 1921, Throckmorton, ch. 16, p. 2951.

Sec. 13127 (1859). Making or using false gas meters.—Whoever,

with intent to defraud, constructs or uses a false meter for measuring and registering the gas consumed under a contract with a gas

company, shall be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.

Gen. Code, 1921, Throckmorton, Part Eirst, Div. 2, ch. 1, p. 111.

Sec. 521 (1906). Weighing of freight.—The commission [utilities

commission] may enforce reasonable regulations for furnishing cars

to shippers, switching, loading and unloading them, and the weighing of cars and freight offered for shipment over any line of railroad.

Sec. 614-36 (1911). Standards of measurement.—The commission

[utilities comimission] may ascertain and fix adequate and serviceable standards for the measurement of quality, pressure, initial voltage or other condition pertaining to the supply or quality or the product or service rendered by any public utility and prescribe

reasonable regulations for examination and testing of such product
OHIO 623

or service and for the measurements thereof. It may establish

reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurements, and

every public utility is required to carry into effect all orders issued

by the commission relative thereto.

Sec. 614-37 (al917). Examinations and tests of instruments.—The

commission may provide instruments for and carry on the examination and testing of any and all appliances used for the measurement

of any product or service of a public utility or for the examination

and testing of any devices or appliances of such public utility used

for testing for accuracy any and all appliances used for the measure- ment of any product or service of such public utility. Any con- sumer or user maj' have any such appliance tested upon payment of

the fees fixed by the commission. The commission may declare and

establish reasonable fees to be paid for testing such appliances on the

request of the consumers or risers, the fees to be paid by the con- sumer or user at the time the request is made, but to be paid by the

public utility and repaid to the consumer or user if the appliance

be found commercially defective or incorrect, to the disadvantage

of the consumer or user. Gen. Code, 1921, Throckmorton, ch. 15, p. 286.

Sec. 1141, as amended by Laws, 1923, H. B. 278, p. 74. Printed state- ment on outside of package; contents of statement.—Whoever sells or

offers for sale within this State any feedstuffs or condimental stock

or poultry feeds, animal or poultry regulators, conditioners, tonics, or similar articles, for am^ of which any food value is claimed in

any manner by the manufacturer or seller thereof, in carload lots or in bulk joackages thereof, shall furnish with each carload or quantity in bulk or package thereof or alfix to each bag, barrel or other package thereof, in a conspicuous place on the outside thereof, a plainly printed certificate, vv^hich shall state the number of net pounds in each car or quantity in bulk or in each package, the

name, brand or trade-mark, under which it is sold or offered for

sale, the name, and post-office address of the manufacturer, shipper

or vendor. * *

*

Sec. 1150 (al911). Fertilizer to bear statement of net weiglit.—Each

person, firm or corporation who manufactures, sells or offers for

sale in the State a commercial fertilizer which means any substance

for fertilizing or manurial purposes, except barnyard manure, marl,

lime and plaster, shall affix to each package in a conspicuous place on the outside thereof, a plainl}^ printed certificate which shall state the number of net pounds contained therein, the name, brand or trade-mark, under which it is sold, or offered for sale, the name

of the manufacturer, with his or its post-office address. * *

*

Gen. Code, 1921, Throckmorton, ch. 17, p. 312.

Sec. 1177-44. Statement on outside of bulk package offered for sale; contents of statement.—Any person, company, corporation or agent

that shall sell, offer or expose for sale, any agricultural lime or limestone in this State, shall aff.x or cause to be affixed, to every

package or sample of such agx-icultural lime or limestone in a con- spicuous place on the outside thereof, a tag or label which shall be

517—27 40
624 LAWS CONCEENING WEIGHTS AND MEASURES

accepted as a guarantee of the manufacturer, importer, dealer, or

agent, and which shall have plainly printed thereon in the English

language the nimiber of net jDounds of agricultural lime or lime- stone in the package, the name, brand or trade-mark under which

the agricultural lime or limestone is sold, the name of the manufacturer, or shipper, the location of the principal office of the manufacturer * * *. Gen. Code, 1S21, Throckmorton, ch. 12, p. 1446.

Sec. 5979 (1893). Central standard time,—The standard of time

throughout this State shall be that of the ninetieth meridian of

longitude west from Greenwich, and shall be known as " central

standard time." Courts, banks, public offices, and legal or official proceedings shall be regulated thereby; and when, by a law, rule,

order or process of any authority, created by or pursuant to law, an act must be performed at or within a prescribed time, it shall be so performed according to such standard of time. Gen. Code, 1921, Tiiroekmortoa, ch. 11, p. 240.

Sec. 910 (al910). Eistrict inspector to be sealer of weights and measures.—The district inspectors of mines are hereby- vested with all the powers and authority of count}^ auditors as sealers of weights

and measures in the ditferent counties of this State, but shall exercise

such authorit}' in connection with weights and measures at mines,

only. Each district inspector of mines may upon his regular ex- amination of a mine, and shall, upon the written request of the

duly authorized representatives of the miners, the owner, lessee, or

agent, or the interested land owner, test the accuracy of the scales at any time, and post in the weigh house a certificate provided by

the chief inspector of mines, certifying the condition of the scales,

provided that such tests be made at a reasonable time without un- necessary interference with the use of such scales. In case of a controversy or disagreement between the district inspector of mines, and the owner, lessee or agent of a mine, or persons working therein, or in case of emergency requiring counsel,

the district inspector of mines may call upon the chief inspector

of mines for such assistance and counsel as is necessary.

Sec. 841. Test weights.—The owner, lessee or agent of a coal mine,

at which the earnings of ten or more persons depend upon the

weights of coal mined, shall provide and keep accessible for the

purpose of testing the weigh scales as provided elsewhere in this act the following standard test weights, properly sealed : Where the

coal mined is weighed upon hopper or pan scales, two standard test weights of fifty pounds each ; where the coal mined is weighed upon

railroad track scales, ten standard test weights of fifty pounds each.

^ :f: ^ ^ $

Sec. 970. Check weighman; duties, etc.; check measurer.—The miners

employed at a mine where the earnings of such miners depend

upon the weight of coal mined, may. at their own cost, designate

or appoint a competent person as check weighman, who, at all proper times, shall have full right of access to and examin;ition

of the scales, machinery or apparatus used at such mine to determine the correct weight of coal mined, and whose duty shall be to see the coal weighed and to make a correct record of such weights.
OHIO 625

Not more than one person, however, on behalf of the miners collec- tively shall have such right at the same time.

The landowners, or other persons interested in the rental or royalty at such mine, may, at their own cost, designate or appoint

a competent person to act as check weighman for them, who shall have the same rights as the check weighman for the miners. Not more than one person, however, on behalf of the landowners, or other persons interested in the rental or royalty, jointly shall have

such right at the same time. Check weighman shall not interfere

with the use of or tamper with such scales, machinery or apparatus, nor make any false entry of any weight, or in any manner exceed

the duties prescribed herein.

The miners employed at a mine where the earnings of such

miners depend upon measurements, may, at their own cost, designate

or employ, not more than one of their number as check-measurer

to accompany each mine-foreman or other person making the

measurements and see them make such measurements, and made a correct record of same. Each mine-foreman or other person making measurements may have a helper, but such helper shall not be

regarded as a person making measurements. The person or per- sons designated as check-measurer shall not in any manner interfere

with or interrupt the work of the mine-foreman or other person,

while making such measurements.

Sec. 978-1 (al915). Payment shall be made according to total weight

unless otherwise agreed.—Every miner and every loader of coal in any

mine in this State who under the terms of his employment is to be

paid for mining or loading such coal on the basis of the ton or other

weight shall be paid for such mining or loading according to the

total weight of all such coal contained within the car (hereinafter

referred to as mine car) in which the same shall have been removed

out of the mine unless otherwise agreed between employer and miner

or loader.

Sec. 978-6. Passing coal over screen to determine pay unlawful;

penalty.—It shall be unlawful for the employer of a miner or loader

of the contents of any car of coal to pass any part of such contents over a screen or other device, for the purpose of ascertaining or cal- culating the amount to be paid such miner or loader for mining or loading such contents, whereby the total weight of such contents

shall be reduced or diminished unless otherwise agreed between employer and miner or loader. Any person, firm or corporation violating the provisions of this section shall be deemed guilty of a misde- meanor and upon conviction, shall be fined for each separate offense

not less than three hundred dollars nor more than six hundred

dollars.
OKLAHOMA

Comp. Stats., 1921, Vol. 2, ch. 92, Art. H, p. 3607.

Sec. 11193 (1915). State bureau established; officers; location.—There

shall be established a State bureau of standards of weights, measures and tests of all kinds. This bureau shall be located at the State

University of Oklahoma ; which shall provide rooms and equipment

for its use. The president of the State University of Oldahoma

shall appoint as director of the bureau of standards a member of the

regular faculty of the university. Upon the recommendation of the

director, the president of the State University of Oklahoma shall appoint at least two members from the faculty, as assistant directors.

The director and assistant directors shall constitute a board of control, of the bureau of standards. The members of the board of control shall serve without salary.

Sec. 11194. Assistants.—In order properly to carry on the work of

the bureau of standards, the president of the State University of

Oklahoma shall upon the recommendation of the board of control,

appoint as assistants to the board of control, men already in the

service of the university, assigning to these men such titles as he desires. In case additional assistance is necessary, this assistance shall be supplied by the State board of education.

Sec. 11195. Standards and methods; Federal standards.—The board of

control shall have charge of the various standards of weights, measures and testing devices received by the State of Oklahoma from

the United States under a resolution of Congress, approved June

14, 1836, and July 27, 1866, and such additional standards as may

or shall be received from the United States in the future. The

board shall also have charge of the various State or office standards

purchased by the State University, or by the State for the bureau.

The board shall also have charge and control of the standard

methods of weighing, measuring and testing in the State. The

board of control shall maintain the standards in good order and shall submit a set of standards, called the primary standards, at proper

intervals, to the National Bureau of Standards for certification.

Sec. 11196. Powers and duties; general control.—The bureau of standards shall be available to all State departments, municipal and

private corporations and citizens of the State. The bureau shall

be, for the State of Oklahoma, the highest official authority in re- gard to standards of weights, measures and tests, and methods of

weighing, measuring and testing. The findings of the bureau of

standards in any case or question shall be considered prima facie

evidence of the correctness thereof. All enforcing officers of weights, measures and tests legislation in the State of Oklahoma shall submit their weighing, measuring, and testing devices to the State bu- reau of standards at such periods as set by the board of control for

626
OKLAHOMA 627

certification and seal. The board of control shall adopt a seal for

this purpose. The board of control shall have authority to place any

test or question referred to it to the proper individual or laboratory

in the university.

Sec. 11187. Fees; expenses.—The board of control shall establish

fees for all tests and certifications made by the bureau. The fees shall in no case exceed those established for similar work by the

iSTational Bureau of Standards. The fees shall be paid to the

treasurer of the university and shall be disbursed by him upon the

proper approval of the board of [control. Fees shall be disbursed

for meeting expenses of] ^ making tests and for equipment. Any

fees unspent at the end of each biennium shall revert to the State.

Sec. 11198. Information publisliecl.—The bureau shall publish from

time to time through the University of Oklahoma press for general

distribution such literature and directions in regard to weights, measures and tests, and methods of weighing, measuring and test- ing as deemed advisable by the board of control.

Sec. 11199. Eeport to governor.—The board of control shall report

biennially to the governor of the State—this report to coA'er the

details of all operations of the bureau during the biennium. It shall report to each legislature, making such recommendations as it deems advisable with reference to proper legislation on weights, measures and tests and methods of weighing, measuring and testing.

Comp. Stats., 1921, Vol. 2, cli. 92, Art. 1, p. 3605.

Sec. 11184 (1910). Board of agriculture to enforce act.—The State

board of agriculture shall be charged with the duties of enforcing

the provisions of this chapter.

Sec. 11185. Bushel weigb.ts: ton.—"Whenever the articles hereinafter

named shall be sold by the bushel, and no agreement as to weights

or measures thereof shall be made by the parties, the bushel shall consist of tlie following number of pounds, viz : - Pounds

Salt 80 Mineral coal 80 Lime 80 Corn in shuck 72 Corn, unshelled 70 Wheat 60 Beans 60

Peas 60

Split peas 60

Beets 60

Irish potatoes 60 Clover seed 60

Alfalfa and alsike (or Swedish)

seed 60 Onions 57 Rye .56 Corn, shelled 56 Flax seed 56 Green peas (unshelled) 56

Kaffir corn 56 Sweet potatoes 55

Pounds Buckwheat 52

Carrots 50 E utabagas 50 Corn meal 50 W illet 50 Sorghum seed 50

"Rape 50

Barlej- 48 Apples 48 Peaches 48 Pears 48 Cucumbers 48 Hungarian grass seed 48 Broom corn seed 48 Castor beans 46 Tomatoes 45 Timothy seed 45

Parsnips 44 Hemp seed 44 Common turnips 42 Bermuda grass seed 40

^ The portion Inclosed in brackets is not given in the Compiled Statutes of 1921, but appears in the session laws for 191.5.

^ For convenience in printing a slight change has been made in arrangement of these

articles.
628 LAWS CONCERNING WEIGHTS AND MEASURES

Pounds Pounds

Osage orange seed Dried peaches Oats Cotton seed Top onion sets Dried apples

Malt. 3836

33

3232

2824

Peanuts Bran

Blue grass seed Red top seed Orchard grass seed. Coke

Charcoal

22

20

14

1414

3 2,680

3 2,680

A ton shall consist of two thousand pounds of the article or com- modity named.

Sec. 11186 (1890). Hay, ton of.—A ton of hay shall consist of two

thousand pounds, or, by measurement, three himdred and fortythree cubic feet, after the same shall have been stacked thirty days, or such time as may be agreed upon between tlie parties.

Sec. 11187. Percli of stone.—A perch of mason work, or stone, is liereby declared to consist of twentj'-live feet cubic measure.

Sec. 11188 (1910). Standard weights of mill products.—Mill products

hereinafter mentioned shall have the following standard weights:

Barrels of flour, in wood, one hundred and ninety-six pounds net; half barrels, in wood, ninety-eight pounds net ; one-fourth barrels, in

sacks, forty-eight pounds gross; one-eighth barrels, in sacks, twentyfour pounds gross. Corn meal, in sacks, thirty-five poimds gross;

half sacks, seventeen and one-half pounds gross ; one-fourth sacks,

eight and three-fourths pounds gross. And all feed made from

cereals of any kind, whether pure, mixed, or adulterated, one hundred pounds per sack gross.

Sec. 11189. Name and weight stamped on package.—The correct name and true weight of the contents of each and every barrel, box,

sack, bale, cask or package of any of the foregoing products, whether

sold in single packages or lots, shall be i^lainly marked, bran led or

stenciled in letters and figures, not less than two inches in length

and not less than one-eighth of an inch in width, upon the exterior

of such barrel, box, sack, bale, cask or package, in a conspicuous

place as the head in case of barrel, and the front or branded side in case of sacks, bales or packages, and it shall be unlawful for any

person, firm or corporation, or the agent, employee, or representative of any firm or corporation to sell or excliange any such product

so packed or contained until the provisions hereof have been complied with.

Sec. 11190. Violation; penalty; separate offense.—If any person shall knowingly violate the provisions of this chapter, he shall be deemed

guilty of a misdemeanor, and on conviction thereof shall be fined

in any sum not less than twenty-five dollars, nor more than one thousand dollars, and each violation shall be deemed a separate

offense, which fine or fines shall be recovered in any court of competent jurisdiction, without bond or advance costs.

Sec. 11191. Obstructing inspectors.—Any manufacturer, dealer or other person who shall impede, obstruct, hinder or otherwise pre- vent or attempt to prevent any inspector or other person in the

performance of his duty in connection with this chapter shall be

guilty of a misdemeanor and shall, upon conviction, be fined not less than twenty-five dollars, nor more than one hundred dollars.

' Cubic inches per bushel.
OKLAHOMA 629

Sec. 11192. Seizure of products for violation.—Any member of the

board of agriculture shall have the privilege of seizing any mill

product and cereal sold in the State in violation and contravention

of the provisions of this chapter, and may proceed by writ of provisional seizure against the mill products and cereals so sold in the

hands of whomsoever they may be and wheresoever he may find

them, regardless of the residence of the ovv'ner thereof, to recover

the fines and penalties due for the illegal sale thereof, by presenting

a petition to a competent judge or magistrate, within whose jurisdiction said mill products and cereals are found, stating on oath

at the foot of the petition the amount and nature of the demand,

the mill products or cereals on which the privilege exists, and praying that the mill products and cereals be seized to satisfy the claim

and pay the costs of the suit. Comp. Stats., 1921, Vol. 2, ch. 35, Art. 6, p. 2138.

Sec. 5735 (al917). Public weigher; election.—At each general elec- tion there shall be elected in each county a county judge, * * * a public weigher, * * * ^y]^o shall hold office for a term of two

years, * * * Comp. laws, 1921, Vol. 2, cli. 35, Art. 15, p. 2185.

Sec. 5943 (1908). Who eligible.—No person shall be eligible to the

office of public weigher who is not, at the time of his appointment or

election, a legal voter, resident in his county.

Sec. 5945. Deputy weighers.—The public weigher may appoint one

or more deputies in each precinct of his county, which deputy shall have all the powers conferred upon the public weigher, and shall be

answerable to all the penalties prescribed for the violation of this

article; * * * Deputy weighers shall be confined in their jurisdiction to the limits of their respective precincts. They shall keep

a record of their transactions as herein prescribed for the public

weigher, which record shall be open at all times to public inspection

Provided. That all deputy weighers appointed under the provisions

of this article shall, before entering upon the duties of their office, be

approved by the board of county commissioners.

Sec. 5946. Office, etc., scales to be provided.—The public weigher shall hold an office at the county seat, said office being provided by such

public weigher at his own expense, and he shall also provide his own

record books, blanks, stationery; and in no event shall the State

become liable for any of the expenses incurred in the operation of

the office of public weigher. All books, reports, or other records in

the office of such public weigher, or of any deputy weigher, shall be

delivered to their successors in office. All public weighers, and all deputy weighers shall provide, at their expense, by purchase or lease,

all scales essential for conducting their business, and in no event

shall the State become liable for the cost thereof.

Sec. 5947 (al909). Sheriff to inspect scales used by weigher; violation,

penalty for; fees for inspecting public scales; special test of scales.

It shall be the duty of the sheriff of each county, in person

or by his regular deputies, to inspect and test all scales used

by the public weigher, or any deputy weigher, and s\ich scales shall be tested with the United States standard weights; and

such sheriff shall place his seal upon all such tested scales, at a
630 LAWS CONCEENING WEIGHTS AND MEASURES

conspicuous place, which seal shall be prima facie evidence of such

test, and such test shall be made once each three months, upon all scales so used. Said sheriff shall make a report in writing, setting

forth the date of such test, the result thereof, and specifying the

scales so tested, together with the name of the public weigher or deputy weigher using such scales, and where the same are located.

Such report shall be filed in the office of the county clerk within five days after the inspection is made. Said sheriff, or the deputy making such test, shall verify each report so filed, stating that the same

is a correct, true and exact report of the condition of the scales mentioned therein, and any failure upon the part of the sheriff to comply with the provisions of this section shall be a misdemeanor, and

upon conviction shall subject such offending official to a fine of not

less than ten nor more than one hundred dollars for each scale so omitted from inspection; and any sheriff making a misstatement of

facts, or who reports any scale to be in a condition other than their

[its] true condition, shall be deemed guilty of false swearing, and

upon conviction shall be punished bv imprisonment in the penitentiary for not less than one, nor more than two years: Provided, however, That a sheriff or any deputy sheriff shall receive as compensation for inspecting any public scales of any such public weigher or deputy weigher, the smn of one dollar for each scale inspected : Provided, f

urther. That if as many as five citizens sign a written request

to the sheriff, designating any public scale and asking for an official insjDection thereof, such sheriff shall comply with such request and

make such inspection and test at any time, not oftener, however, than

once each thirty days, and the fees allowed for such special inspection

and test shall be the same as above provided : And provided, further,

That the sheriff or his deputy shall have the same authority for regulating all scales, either public or private, if they be used to weigh for

the public, either with or without hire.

Sec. 5948 (1807-8). Duties of.—It shall be the duty of every public

weigher, or duputy [deputy] weigher, within his county, to receive,

inspect and weigh, according to the standard weights of the United

States, all cotton, grain of every kind, livestock, hay, cotton-seed,

coal, wood, broomcorn and all other farm products sold by weight,

and such articles shall be Aveighed by such weigher in the order in

which they are received, and he shall, at the time of such weighing,

make a record in duplicate form, either upon a stub attached, or by a carbon duplicate sheet, such records to be in a binding and kept for

future reference. Such record shall contain a statement as to the

article, its gross and net weight, its condition and the date of its weighing, together with the description of any marks, brands, or other

peculiarity essential to the complete description thereof. A copy of

such entry shall be furnished the person applying for such weights.

Said statement of the record of each Aveight shall be signed by the

official weigher, and all such weights, when so made by the public

weigher, shall be taken as the legal weight of any commodity mentioned in this section.

Sec. 5849 (1908). Books and records open to inspection.—The books

and records of all county weighers or deputy weighers shall at all times be open to inspection by any citizen.
OKLAHOMA 631

Sec. 5950 (al919). Weights official; person who shall not be weighers.

The purchaser of an article weighed upon the official scales of any

county weigher or deputy county weigher, shall receive and accept

such weights as official and correct, and no person, not a county

weigher or deputy county weigher shall hold himself out as such, or be allowed to weigh any of the before mentioned articles offered for

sale : Provided^ That nothing herein shall prevent the purchaser and

seller of cotton or other products from agreeing upon the proper

dockage of the cotton or article sold which may be net. No person

shall be appointed as a county weigher or deputy county weigher

or weigh for the public who is in any wise interested as a dealer or

speculator, or as an agent or emploj^ee of any firm, company or cor- ]joration in the sale or purchase of cotton, grain, livestock, hay, cot- ton-seed, broom-corn, and all other farm products sold by weight.

Sec. 5951 (1909). Cattle to be weighed, v/hen.—Wherever and whenever cattle are bought or sold, either for shipment or slaughter, and

the buyer or seller shall so de"mand, such cattle shall be weighed by

the public weigher, the fee to be paid equally by the seller and

purchaser. At all places where cattle are bought and sold either

for slaughter or shipment, the public weigher shall provide a safe

and sufficient enclosure around his scales, so that cattle can be

weighed in lots of five or more at one draft.

Sec. 5952. Penalty for violating two preceding sections.—Any person,

firm or corporation who shall violate any of the provisions of the

two preceding sections shall be liable to the public weigher for

damages in a sum not to exceed five dollars for each load or draft so unlawfully weighed, to be recovered in any court having competent

jurisdiction thereof.

Sec. 5953. Things not required to be weighed.—Nothing in the provisions of this article shall be construed so as to prohibit any person

from weighing his own products; and this article shall not be so construed as to require the weighing of vegetables, poultry, eggs or dairy products.

Sec. 5954 (1907-8). Violations of this article; penalties.—Any public

weigher or deputy weigher violating any of the provisions of this

article, or refusing to receive and weigh any commodity herein, or who incorrectly weighs the same, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than ten

dollars nor more than one hundred dollars, in the discretion of the

court; he may be removed from office; and any person, either a purchaser or dealer, in any of the commodities weighed upon such

private scales who, with intent to cheat or defraud any person, firm or corporation with plates, sand packs, false packs or water packs

in cotton, uses any device, trick or scheme for the purpose of obtaining false weights to his advantage, or to the disadvantage of any

person, firm or corporation, and every ginner of cotton or any other

person who is a party to such defrauding, shall be deemed guilty of

a misdemeanor, and upon conviction shall be fined in any sum not

less than ten dollars nor more than one hundred dollars, and upon

the second conviction any such person shall be, in addition to said

fine, confined in the county jail not less than thirty nor more than

one hundred and twenty days. Any public weigher or deputy

weigher, or any other person who knows of the perpetration of
632 LAWS CONCERNING WEIGHTS AND MEASURES

any such deception or fraud, shall make a report thereof to the

grand jury of his county, and if it be the public weigher, or the

deputy weigher, he shall file a written report with the records of

his office, setting forth the facts, naming the person guilty of such

deception, and the failure to so report shall subject the party oi weigher to a fine of not less than five nor more than twenty-five

dollars. Any person, firm or corporation who, in violation of the

provisions of this article, weighs any of the products mentioned

herein foi- other persons, and who exacts or receives any charges

therefor, sliall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than ten nor "more than one himdred

dollars: Provided^ howeoe't\ That any person, firm or corporation

may weigh any product for any other person, if such person, firm

or corporation so weighing is a l)ona fide j)urchaser of such product;

but no charges shall be made or received for such weighing under

the penalty aforesaid.

Comp. Stats., 1921, Vol. 2, ch. 20, Art. 4, p. 1612.

Sec. 3707 (1909). Record kept by ginaers.—It shall be the duty of

all ginners or owners of cotton gins in this State to brand, number,

and place upon each bale of cotton, whether round or square, ginned

and baled at their respective gins, the name of the ginner and the

owner, and the number and weight of the bale so ginned, each

ginner beginning with number one each ginning season, and continuing consecutively with each bale ginned to the close of the ginning

season; which brand, names and number shall be recorded in a book

kept at such gin for that purpose : Provided, That no brands or marks shall be placed on the sample side of any bale of cotton.

Sec. 3711. Penalty for violation.—Any person who shall fail to comply with the provisions of this article shall be guilty of a misdemeanor, and upon conviction shall be fined not less than twentyfive nor more than one hundred dollars.. Comp. Stats., 1921, Vol. 2, ch. 43, Art. 1, p. 2-311.

Sec. 6431 (1909). Fees.—A public weigher, or any deputy weigher,

shall receive for his services in weighing any article, the" following

schedule of fees : Ten cents for each load or draft weighed separately : Provided, That such public weigher shall not be allowed compensation for any extra weighing which may be essential in determining

the net weight of any article or load. The public weigher, or any

deputy weigher, shall be allowed and is hereby granted a lien upon

any article or product weighed for the fees above mentioned, and

such fee shall attach to and follow such article into the hands of

the purchaser, and shall not be barred or canceled by any sale or

transfer of such article during the day upon which the article

is weighed: Provided, That deputy weighers shall be allowed to retain as their compensation the sum of eight cents for each load or

draft weighed separately; the residue of the price allowed hereunder shall be paid by the deputies to the county weigher at the

close of the month.

Comp. Stats., 1921, Vol. 1, ch. 6, Art. 58, p. 1105.

Sec. 2196. False weights and measures; fine.—If any person with

intent to defraud, use a false balance, weight or measure, in the
OKLAHOMA 633

weighing or measuring of anything whatever that is purchased, sold,

bartered, shipj)ed or delivered, for sale or barter, or that is pledged,

or given in payment, he shall be punished by a fine not exceeding one hundred dollars nor less than five dollars, or by imprisonment in the county jail not more than thirty days, or by both such

fine and imprisonment, and shall be liable to the injured party in

double the amount of damages.

Sec. 2197. Retention is punishable.—Any person who retains in his

possession any weight or measure, knowing it to be false, imless it appears beyond a reasonable doubt that it was so retained without

intent to use it or permit it to be used in v iolation of the last section, shall be punished as therein provided.

See. 2188. May be seized.—Aii}^ person who is authorized or en- joined by law to arrest another person for violation of the first two sections of this article, is equally authorized and enjoined to

seize any false weights or measures found in the possession of the

person so arrested, and to deliver the same to the magistrate before

whom the person so arrested is required to be taken.

See. 219S. May be tested and destroyed; indietment.—The magistrate

to whom any weight or measure is delivered, pursuant to the last section, shall, upon examination of the accused, or if the examination

is delayed or prevented, without awaiting such examination, cause

the same to be tested by comparison with standards conformable to law; and if he finds it to be false, he shall cause it to be destroyed, or to be delivered to the county attorney of the county in which the

accused is liable to indictment or trial, as the interests of justice

in his judgment require.

Sec. 2200. Shall be destroyed, when.—Upon the conviction of the

accused, such county attorney shall cause any weight or measure

in respect whereof the accused stands convicted, and which remains

in the possession or under the control of such county attorney, to be

destroyed.

Sec. 2201. Stamping false weights or false tare. —Any person who

knowingly marks or stamps false or short weight, or false tare on any cask or package or knowingly sells or offers for sale any cask

or package so marked is guilty of a misdemeanor.

Comp. Stats., 1921, Vol. 2, eh. 29, Art. 11, p. 1833.

Sec. 4566°. Regulations of weights and meajnres.—The council may

prescribe rules for the we'ghing and measuring of every commodity

sold in the city, in all cases not otherwise provided for by law, and

may provide for the inspection and weighing of ha.j, grain and coai,

the measuring of wood and fuel, and determine the place or places

of the same, and regulate and prescribe the place or places of exposing of [for] sale, hay, coal and wood, and fix the fees and duties of

the persons authorized to perform the duties named in this section.

(Applicable to cities of the first class.)*

Comp. Stats., 1921, Vol. 2, ch. 91, p. 3576.

Sec. 11081 (1899). Public warehouse scales tested.— * * * All

scales used for the weighing of property in public warehouses shall

be subject to examinaton and test by any duly authorized inspector,

* Cities of 2,000 population or more may become cities of the first class upon petition

of 35 per cent of electors.
634 LAWS CONCEEKTNG WEIGHTS AND MEASUBES

the expense of such tests by inspector to be paid by the warehouseman where scales are so tested; and no scales shall be used for the

weighing of grain after being found incorrect, until put in order and

found accurate and approved for further use by an authorized

inspector.

Sec. 11082. Penalty for violation.—Except as herein otherwise provided, a violation of any of the preceding provisions of this article,

by any warehouseman, owner, lessee, manager or employee of public

warehouses created by this act [article] is declared a m'sdemeanor,

and, upon conviction thereof, the violators shall be fined not less than one thousand nor more than five thousand dollars, one-fourth

of such fine to be awarded and paid to the informer of such misdemeanor.

Sec. 11121 (1919). Scales, weights and grades.—The person, firm,

company or corporation owning a bonded warehouse shall maintain

sufiicient scales and equipment for weighing and keeping records of

all products stored and shall place upon the certificate the weight

and grade as determined to the best of his ability.

Comp. Stats., 1921, Vol. 2, ch. 79, p. 2923.

Sec. 8838, as amended by Laws, 1925, ch. 177, p. 280. Misbranding of

food.—Food shall be deemed mislabeled Avithin the meaning of this

article*******in any of the following cases:

Third. If in package form and the contents stated in terms of

weight or measure, they are not plainly and correctly stated on the

outside of the package.

Comp. Stats., 1921, Vol. 2, ch. 53, p. 2518.

Sec. 7065 (1905). Water, standard measure of flow and volume.—The

standard of measurement of the flow of water shall be the cubic

foot per second of time ; the standard measurement of the volume of

water shall be the acre foot, being the amount of water upon an

acre coA'ered one foot deep, equivalent to forty-three thousand five hundred sixty cubic feet. Comp. Stats., 1921, Vol. 2, ch. 20, Art. 9, p. 1624.

Sec. 3760 (1905). Commercial fertilizer, net weight to be marked.

Every person, firm or corporation who shall sell, expose or olfer for

sale, within the limits of the State any commercial fertilizer, shall

affix to every package, in a conspicuous place on the outside thereof, a plainly printed certificate, stating the number of net poimds in the

package sold or offered for sale, the name of the brand or trademark rmder which the article is sold, the name of the manufacturer

and the place of manufacture. * *

*

Sec. 3771. Tax tag; net weight to be marked.—Every lot or parcel

of concentrated commercial stuffs as defined in section 1 [3769], of

this act, used for feeding farm live stock, sold, offered or exposed for

sale in the State of Oklahoma for use within this State, shall have

printed on a tax tag, * * * plainly printed statement clearly

and truly certifying:

(a) The number of net pounds of feeding stuff in the package; * * * (d) The name and address of the manufacturer or importer ; * * *
OKLAHOMA

Comp. Stats., 1921, Vol. 2, ch. 30, p. 4874.

Sec. 4939 (1908). Bill of lading for coal to show v/eight.—Whenever

any coal is shipped over any common carrier from any point within

the State of Oklahoma to any other point within the said State, the

common carrier transporting such coal shall issue a bill of lading

stating the true weight of the coal so transported.

Sec. 4940. Coal weighed at destination; liability for shortage.—When

said coal arrives at its destination, the said carrier shall cause the same to be weighed at that point, provided it has scales at that point,

and if not, then it shall cause said coal to be weighed at the nearest track scales on its line between the point of shipment and the point

of destination, and if the weight of said coal at the point of delivery

is less than the weight set out in the bill of lading, the carrier delivering to the consignee shall be liable to the consignee for all deficiencies

in weight, less the natural shrinkage, which shall not exceed one per

cent for a one hundred and fifty mile haul or less and one and one- half per cent on more than a one hundred and fifty mile haul;

and the measure of damage of the consignee for such deficiency or shortage shall be the value of the deficiency at the point of destination less freight thereon if the freight has not been paid; and in

weighing cars of coal they shall be detached from the train, and in

the event the loss or shortage does not occur on the delivering line

the carrier delivering to the consignee shall be entitled to recover from the carrier upon whose line the loss or shortage occurred, such

amount for the loss or shortage as the carrier delivering to the

consignee may be required to pay to the consignee as may be evi- denced by any receipt, judgment or transcript thereof.

See. 4941. Connecting lines.—In case any coal shipped shall be

carried over the lines of the connecting carriers, the carrier receiving

said coal shall cause the correct weight thereof to be placed in the

bill of lading, and such coal shall be reweighed when delivered to the

connecting carrier, and the value of the coal at the point of destination shall be the measure of damages.

Sec. 4942. Refusal to weigh; consignee may weigh, when.—In case the carrier shall fail or refuse to weigh said coal at its destination

or at the nearest track scales to the point of destination between said

point and the point of shipment, the consignee may weigh said coal,

and his weights shall be prima facie evidence of the amount of coal

received, and the carrier shall be liable in damages as set out in this

article for any shortage between the actual quantitj'^ received at the

point of destination and the amount named in the bill of lading:

Provided, That if the consignee shall have the coal weighed at the

point of destination, on other than track scales, an allowance of ten pounds per ton shall be deducted from the weight.

Sec. 4943. Refusal to weigh; penalty.—Any agent, servant or employee of any carrier who shall fail or refuse to weigh any coal at its point of destination, or shall knowingly or wilfullj'^ make false weights of such coal, or in case there are no track scales at the point

of destination at the nearest track scales passed in its transit from

its point of shipment, such agents, servants or employees shall be

deemed guilty of a misdemeanor, and shall be punished by a fine of

not less than fifty nor more than one hundred dollars, or be imprisoned not less than thirty days nor more than sixty days or both

such fine and imprisonment.
636 LAWS CONCERNING WEIGHTS AND MEASTJBES

Sec. 4944. Shipments into State.—Whenever any coal shall be

brought into this State by any carrier where the point of shipment

is outside of the State, the same shall be weighed by the carrier at the nearest track scales within the State to the State line, and after

being so weighed, as to its further carriage all of the provisions of

this article shall apply thereto in the same manner as if the shipment

originated within this State.

See. 4845. In case of dispute over shortage.—In case any contention

shall arise between the consignee and the carrier in regard to the

shortage of coal on any car, the car shall be weighed first wliile loaded and then the empty car shall be weighed again and the actual

gross and net weights shall be ascertained, and the stencil weight of

any car marked thereon shall not be taken in anj^ case as a true weight of said car. Comp. Stats., 1921, Vol. 2, ch. 68, p. 2744.

Sec. 8011 (1915). Gas companies to use meters.—That all persons,

firms, corporations or other business organizations engaged in the

business of furnishing natural gas in municipalities in this State, to the inhabitants thereof, shall do so through standard meters at meter rates: Provided., That this act shall only appl}^ to towns where

the population exceeds five hundred, and shall not prohibit the sale of

gas at a flat rate to Federal, State or municipally owned buildings,

institutions or plants: Provided further.. That this act shall not

abrogate any existing contract, or effect or change the terms or conditions of any franchise granted by any municipal corporation prior

to, and in effect April 28th, 1913. Comp. Stats., 1821, Vol. 2, ch. 20, p. 1588.

Sec. 3738 (1919). Marking of glassware, manufacturer's bond.—Any

and all pieces of testing glassware shipped into or manufactured

within the State shall have clearly blown, or otherwise permanently

marked, in the side of the bottle, the word " Sealed," and in the side or bottom of the piece the name, initials or the trade-mark of the

manufacturer and designating number, which designating number

shall be different for each manufacturer and may be used in identifying the bottles. The designating number shall be furnished by

the State dairy commission or commissioner upon application by the

manufacturer, and upon filing by the manufacturer of a bond in

the sum of one thousand dollars, with sureties to be approved by the

attorney general, conditioned upon their conformance with the re- quirements of those sections relating to specifications therefor. A

record of the bonds furnished the designating numbers, and to whom

furnished, shall be kept in the office of the State dairy commission or commissioner.

Sec. 3739. Penalty.—Any manufacturer who sells testing glassware

to be used in this State that fails to comply with the specifications

in the section relating thereto, shall suffer the penalty of five hundred

dollars, to be recovered by the attorney general in an action against

the offender's bondsmen, to be brought in the name of the people

of the State.

Sec. 3740. Inspection and tests.—{a) State inspectors of dairy products are required to examine all glassware in creameries, cream sta- tions and in all other places where milk or cream is bought or sold
OKLAHOMA 637

by test, as provided in this act, for butter-fat, and determine whether

such glassware is properly marked and sealed, and shall be required

from time to time to collect samples of glassware to be calibrated

and examined by the experiment station chemist of Oklahoma, for

the purpose of determining the capacity of the graduated portions

of the necks of test bottles and whether or not the glassware meets

all the provisions of the sections pertaining thereto.

(b) AH users of glassware where milk or milk products are bought

or sold on a butter-fat test, shall be required to submit, within ninety

days after this act shall go into effect, all pieces of glassware to be

used by them to the experiment station chemist of Oklahoma, to be calibrated, and such pieces as pass inspection shall be permanently

marked with the letters " S. D. C." and returned at the owner's

expense : Provided^ That nothing in this act shall apply in case of

violations of provisions in this section.

Sec. 3741. Standard test bottles.—The standard test bottles for milk

shall have a capacity of two cubic centimeters for each ten per cent marked on the necks thereof.

The necks of the standard milk test bottles shall be graduated from

zero to ten per cent and the graduated scale shall be seventy-five

millimeters in length, with an allowable tolerance of five millimeters either above or below. The graduated scale shall be plainly

divided into per cent and fifty per cent divisions by lines of different

lengths. Each per cent graduation shall be numbered and the toler- ance for the entire graduated scale or for either half thereof shall

not exceed one-tenth of one per cent. {a) Milk pipettes shall deliver 17.6 cubic centimeters of distilled

water, the last drop being expelled by pressing the finger over the

suction tube and holding the bulb of the pipette in the hand.

(6) When filled with water at 20° C. delivery shall be in 4 to 8

seconds. The tolerance in excess of [or] deficiency shall not exceed

0.05 cubic centimeters.

(e) Ceeam Test Bottles: Cream test bottles shall be of three

types and shall comply with the following specifications

Type A—Fifty per cent, 9 gram, 6 inches, one-half per cent graduation: Each ten per cent of the neck of the bottle shall represent

a volume of one cubic centimeter.

The neck of the bottle shall be graduated from zero to fifty per

cent and the graduated scale shall be ninety millimeters in length,

with an allowable tolerance of ten millimeters above or below. The

graduated scale shall be plainly divided into five per cent, one per

cent and one-half per cent divisions by lines of different lengths.

Each five per cent or ten per cent graduation shall be numbered.

The alloAvable tolerance for calibration shall not exceed one-half

per cent for the entire graduated scale or for either half thereof.

Type B—Thirty per cent, eighteen grams, six inches one-half per

cent graduations : Each five per cent on the neck of the bottle shall represent a volume of one cubic centimeter. The neck of the bottle

shall be graduated from zero to thirty per cent, and the graduated

scale shall be seventy-five millimeters in length. All other specifications are to be the same as type A.

Type C—Fifty per cent, 18 grams, 9 inches, one-half per cent graduations: The neck of the bottle shall be graduated from zero to
638 LAWS COKCEBNING WEIGHTS AND MEASTJEES

fifty per cent and the graduated scale shall be one hundred and

twenty-five millimeters in length, with an allowable tolerance of

five millimeters, either above or below, each five per cent on the

neck of the bottle shall represent a volume of one cubic centimeter.

All other specifications are to be the same as for type A.

Sec. 3742. Testing dairy products.—It shall be unlawful for any

person, by himself, his servant or agent, or as the servant or agent

of another, to falsely manipulate or underread or overread or make

any false determination by the test as provided in this act, or any

other contrivance used for determining the quality or value of

milk or cream delivered to a creamery, cheese factory, cream receiving station, ice cream factory, or at any other place when sold or

purchased. Cream shall be tested by weight only.

All tests must be free from curd, charr or other foreign matter,

and shall be read at a temperature of 130 degi-ees to 140 degrees

F. and glymol shall be used to reduce the meniscus, before the

reading is taken on cream tests. Sec. 3743. Cream sales.—Cream test scales shall be sensitive and ac- curate to one-tenth part of one gram. The test of accuracy shall

be made b}^ noting the action of the scale when a 100 mg. weight

is placed on the pan when the scale is in a balanced position.

Sec. 3744. Penalty.—Anyone violating any of the provisions of this act shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined not less than twentj'-five dollars, nor more than

fifty dollars, or imprisoned in the county jail for thirty days, or both such fine and imprisonment.

Comp. Stats., 1921, Vol. 2, ch. 63, p. 2865.

Sec. 7621 (1908). Screening coal; weighing same; penalty.—It shall be unlawful for any mine owner, lessee, or operator of coal mine

employing miners who are paid by the quantity of coal mined by

them, to use any other than a recognized standard scale or to pass

the output of coal mined by said miners, over any screen or any

other device until the same shall have been weighed and duly credited to the miner sending the same to the surface and accounted

for at the legal rate of weights, * * * and any owner, agent

or operator of any coal mine who shall knowingly violate any of

provisions of this section, shall be guilty of a misdemeanor, and

upon conviction shall be punished by a fine of not less than two

hundred nor more than five hundred dollars for each offense, or by imprisonment in the county jail for a period of not less than

sixty days nor more than six months or by both such fine and

imprisonment.

See. 7623 (1907-8). Checkweighman, rights of.—The miners employed by or engaged in working for any mine owner, oj)erator or

lessee of any mine in this State, shall have the privilege, if they

desire, of employing, at their own expense, a check-weighman, who

shall have equal rights, powers and privileges in the weighing of

.coal with the regular weighman. and shall subscribe to the same oath

as regular weighman. Said oath shall be kept conspicuously posted

in the weigh office and any regular weigher of coal or person so employed who shall loiowingly violate any of the provisions of this or the next preceding section, or any owner, operator or agent of

any coal mine in this State who shall forbid or liinder miners employ-
OKLAHOMA 639

ing or using check-weighman, in the discharge of his duties, shall be

deemed quilty of a misdemeanor, and upon conviction shall be

punished by a fine of not less than one hundred dollars nor more

than five hundred dollars for each offense or by imprisonment, of

not less than thirty days nor more than six months. Whenever the

chief mine inspector shall be satisfied that the provisions of this

section have been so violated it shall be his duty to prosecute the

person guilty thereof.

Sec. 7624 (al910). Standard scales; fraudulent weig-hing.—Every

owner, operator or agent of any coal mine in this State employing

miners at bushel or ton rates, shall provide at such mine accurate and suitable scales, of standard manufacture, upon which shall be

accurately weighed all coal coming out of such mine before being

screened or placed in railroad cars; said scales to be located at a

reasonable distance from the point where the coal is delivered to the surface opening of the mine ; and any owner, agent or operator,

having or using any scales for the purpose of weighing the product

of the miner's labor, who shall by arrangement or construction of

scales or by any contrivance therewith connected, causes any fraudulent weighing of such coal, or who shall knowingly resort to, permit

or employ any person or means whatever, by reason of which said

product of the miners' labor is not correctly weighed and the true weight reported in accordance with the provisions of this article, shall be deemed guilty of a misdemeanor, and shall upon conviction

for each offense be punished by a fine of not less than two hundred

dollars, nor more than five hundred dollars, or by imprisonment in

the county jail for a period of not less than sixty days nor more

than six months, or by both such fine and imprisonment.

Sec. 7625 (190S). Inspection of mine scales; penalty.—The chief

mine inspector and assistant mine inspector, shall be ex-officio in- spectors of weights, measures and scales used at coal mines, and

it shall be their dutj to test all scales, and if defects or irregularities are found in such scales which prevent correct weights and

measurements, the inspector shall call the attention of the mine

owner, agent or operator to said defects, and shall direct the same

be at once properly adjusted and corrected, and if such owner,

agent or operator shall refuse to put such scales in proper adjustment and condition, so that the same shall correctly weigh the coal,

after being notified by the inspector to do so, such owner, agent or operator shall be deemed guilty of a misdemeanor and upon conviction therefor shall be fined not exceeding five hundred dollars or be confined not exceeding six months in the county jail, or both.

517—27 41
OREGON

Oregon Laws, 1920, Vol. 2, Title 43, ch. 10, p. 3085.

Sec. 8112 (1854). Standards established.—The weights and measures,

together with the scales and beams, and those made in conformity

therewith, which are now or may hereafter be deposited in tlie treasury of this State, shall be preserved by the treasurer ^ and be

the public standards in this State.

Sec. 8033. Treasurer of State to be sealer.—The treasurer of the State

shall be the sealer of weights and measures, and he shall have and

keep a seal, which shall be so formed as to impress the word " Oregon " upon the weights and measures, scales, and beams, to be sealed

by him, with which he shall seal all such authorized public standards of weights and measures, and all the weights and measures,

scales and beams, to be provided by the several counties when examined by said treasurer and found to be in conformity with the

standai'd weights and measures, scales and beams, aforesaid.

Sec. 8084 (1913). Deputy State sealer, authority of.—The State treas- urer shall appoint a deputy State sealer of weights and measures who shall have authority throughout the State to test such scales,

weights, measures, or any device used to ascertain the quantity of

any commodity, and to enter any place of business at all reasonable

hours for such purpose of ascertaining whether the law is being

complied with in relation to the use of weights and measures or

the giving of full weight and measure in trade.

Sec. 8085. Supervisory control.—It will be the duty of the deputy

State sealer of weights and measures to exercise general supervisory

control over the inspection of weights and measures in use throughout the State, and to investigate all trades and trade customs or

Ijractices of every description which have a tendency in his judgment toward dishonesty in the use of weights and measures or in

the buying or selling of any commodity by weight or measure.

Sec. 8086. Violation; duty of deputy State sealer in.—It shall be the

duty of the deputy State sealer of weights and measures whenever

he has Imowledge of the violation of any State law relating to the

subject of weights and measures to institute or cause to be instituted

criminal proceedings for the prosecution of any person, firm or corporation responsible for such violation of the law.

Sec. 8087. Violation, proceedings under.—It shall be the duty of the

prosecuting attorney in each district to represent the State in any

procedure for the violation of the State law brought under this act. Sec. 8088. Standards, testing and sealing of.—It shall be the duty of

the deputy State sealer of weights and measures to try, prove and

seal with the seal of the State all proper standards sent to him by the

1 See Laws, 1923, ch. 271, infra, by which the duties of the State treasurer in the

capacity of State sealer of weights and measures are to be transferred to the State market agent after the expiration of the incumbency of the present State treasurer. 640
OREGON 641

properly authorized sealer of any county, municipality or town within the State.

Sec. 8089. Purcliase of standards and equipment.—The State sealer

of weights and measures is hereby authorized to procure at the ex- pense of the State such standards and other equipment as may be

necessary for the proper execution o^ the duties under this law,

and to procure and use such standards only as have been passed upon

as correct by the National Bureau of Standards of the United States,

and such other standards that have heretofore been adopted or may

hereafter be adopted by the State of Oregon.

Sec. 8090. Standards, testing- and proving of.—The standards in possession of the State sealer of weights and measures obtained through

and passed upon by the National Bureau of Standards of the United

States, shall be at least once in ten years tested by the National

Bureau of Standards, and such standards shall be known and recognized as the State standards of Oregon.

Sec. 8091. Assistants, appointment of.—The State sealer of weights

and measures is further authorized and empowered to appoint such

assistant and clerical aid as may be necessary to place in practical

operation the provisions of this act. Sec. 8092. Report,—It shall be the duty of the State sealer of

weights and measures to embody in his biennial report the proceedings under this act, accompanied with a detailed statement of ex- penses thereof, and such other information or recommendations as he

may deem proper.

Sec. 8093 (1915). Weiglits and measures districts, how formed; district

sealer, appointment of ; counties pay salary and expenses pro rata.—^That

the State treasurer, as State sealer, is hereby authorized and directed

to divide the State into not to exceed four weights and measures districts; said districts to be formed from counties contiguous to each

other; he shall appoint a person residing in each of said districts as

his deputy under the name and title of district sealer of weights

and measures. Said district sealer shall receive his actual traveling expenses and

a salary of not to exceed one hundred dollars per month; said ex- penses and salary shall be paid pro rata by each of the counties

comprising the district, upon certification of the State treasurer, as to amount due : Provided, however, That such expenses as may be

mcurred by the district sealer shall not exceed eight hundred and

fifty dollars in any one district in any one year. Upon receipt of the certificate of the State treasurer showing the

amoimt due from his county for the services of said district sealer,

the county clerk of that county shall draw . a warrant for said

amount upon the county treasurer in favor of said district sealer in

the same manner that warrants are drawn for the payment of salaries

of county officers. Sec. 8094. Pro rata share based on population.—The pro rata share

of each county shall be apportioned by the State treasurer, according

to the population of the several counties comprising the district as shown by the last regular United States census : Provided, That any

city that may or does provide for local inspection shall not be in- cluded as a part of the population of that county within which it is located.
642 LAWS CONCERNING WEIGHTS AND MEASURES

Sec. 8095. Rearrangement of districts.—The State sealer may, at any

time when in his best judgment he deems it advisable for the more

efficient or economical administration of the law, change or rear- range the counties comprising the districts: Provided, That such

change or rearrangement will require not more than four districts, as heretofore mentioned.

Sec. 8096. Provide for keeping equipment.—The county court of that

county within which the district sealer has his residence shall provide

such district sealer with a suitable and convenient place for keeping

such standards or equipment as may be necessary.

Sec. 8097. Removal of district sealers; duties.—The district sealers shall serve at the direction and under the supervision of the State

treasurer, as State sealer, and may be removed by him for incompetency, inefficiency or inattention to duty. All duties required

by law to be discharged by county sealers in connection with the

supervision of weights and measures, or authority delegated to them,

shall, from and after the taking effect of this act, be discharged by

the said district sealers.

Sec. 8098. Deputy State sealer; duties.—Under the direction of the

State treasurer, as State sealer, the deputy State sealer shall have

and keep general supervisory control over inspection of weights and

measures, and weighing and measuring devices, offered for sale, sold, or in use in the State. He, or district sealers at his direction, shall,

upon the written request of any citizen, firm, corporation or educational institution in the State, test or calibrate weights, measures, and

weighing or measuring devices used as standards in the State. He,

or district sealers at his direction, shall, at least once annually, test the scales, weights and measures used in checking the receipts oi' disbursements of supplies in every State institution for the mainte- nance of which moneys are appropriated by the legislature, and

he shall report in writing his findings to the State board of control

and to the executive officer of the institution concerned. He shall, at the request of such State board of control or executive officer of

any State institution, appoint, in writing, an employee then in the

actual service of such institution, who shall, without receiving additional compensation, act as special deputy, for the purpose of checking the receipts and disbursements of supplies.

Sec. 8099 (1913). Testing, sealing and condemning.—It shall be the

duty of the county [district] sealer of weights and measures, within

the county [district] for which he is appointed, to visit at least once in each year during his term of office every place of business

where any scale, weight or measure, or any device for ascertaining

the quantity of any commodity, is kept for the purpose of trade,

and try, test and prove such scale, weight, or measure, or such device

for ascertaining the quantity of any commodity, and where they are found to be accurate shall seal the same with the seal to be kept

by him for that purpose, and when found to be inaccurate shall condemn the same and mark with a tag forbidding the further use

thereof until made to comply with the county standards: Provided,

That where, in the judgment of the county [district] sealer of

weights and measures, such scale, weight, or measure, or device for

ascertaining the quantity of any commodity is needed for use as evidence in the trial of any case, he shall take the same into his
OREGON 643

possession there to await a decision of a competent court of justice,

who shall, in addition to any other penalty provided by law, order

the destruction thereof where it appears that the same was used

with intent to defraud or is incapable of repair or correct adjustment.

Sec. 8100. Eeports.—It shall be the duty of the county [district] sealer of weights and measures to file with the county court and the

State sealer of weights and measures not later than the first day of

September of each year a report covering the activities of his office for the preceding year, together with a statement of the expenses

thereof, and such other information or recommendations as may be

proper, or the State sealer of weights and measures may require.

Sec. 8101. Criminal proceedings, instituting.—It shall be the duty of

the county [district] sealer of weights and measures, whenever he

has knowledge of the violation of any State law relating to the

subjects of weights and measures, to institute criminal proceedings

for the prosecution of any person or persons, firm or corporation

responsible for such violation : Provided, however; That none of the

provisions of this act shall be so construed as to give any county

[district] sealer the right to exercise his authority within the cor- porate limits of any city located within the bounds of the county

for which such county [district] sealer shall have been appointed

where such city has provided, or may hereafter provide, by ordi- nance, for the appointment of a city sealer of weights and measures.

Sec. 8102. Salaries and expenses, how paid.—The salary and expenses

of the deputy State sealer of weights and measures required to en- force the provisions of this act, the salary of the assistant deputy

State sealer and stenographer, which assistant deputy and stenographer the State sealer is hereby authorized to employ in his

discretion, and all other expenses of every kind incurred in carrying

out the provisions of this act shall be paid from the general fund

of the State in the same manner as other State salaries and expenses

are paid.

Sec. 8103. Ordinances not limited by act.—None of the provisions of

this act shall be construed as in any way limiting the rights of any

city regularly incorporated, within the State, to enforce any ordi- nance, or ordinances, which it may have heretofore, or any hereafter

enact, providing for the sealing of weights and measures, or regulating the method of sale of any commodity usually sold by weight or measure, unless such ordinance or ordinances are in conflict with the

standards of weights and measures as adopted by this State.

Sec. 8104 (1915). Tolerances and specifications; unlawful to use differ- ent weights and measures.—The deputy State sealer shall prescribe

such tolerances and specifications for weights or measures as he may,

in his judgment, deem necessary for the proper protection of the

public, and it shall be unlawful for any person to offer or expose

for sale, sell or use such weights or measures for commercial purposes

as are made contrary to such specifications or that do not come within

the prescribed tolerance : Provided, however, That such tolerances and

specifications as he may prescribe shall conform to any statute oi the State relating to same, or to such as have been recommended bv

the National Bureau of Standards. Such tolerances and specifications, when prescribed, shall be followed in making all inspections
644 LAWS CONCERNING WEIGHTS AND MEASURES

and tests throughout the State. A weight or measure defined as cor- rect shall be understood and construed to mean only such one as con- forms to the " standard " within the tolerance prescribed and which

complies with such specifications as are applicable to it; all other

weights or measures shall be understood and construed to be incorrect,

and in violation of law.

Sec. 8105. Weights and measures condemned for repairs; confiscation

of, when; destruction of, when.—Such weights or measures as are

incorrect and yet may be repaired, shall be marked or tagged as " con- demned for repairs," and the owners or users shall have the same

repaired within such time as the deputy State sealer or the district

sealer may require, and any weight or measure or weighing or measuring device that has not been repaired within the required time may

be confiscated and such weight or measure as is, in their best judgment, not susceptible to satisfactory adjustment or repair may be

taken into their possession, and shall be held for a period of thirty

days next ensuing, at the expiration of which time, if no action at law

or suit in equity has been brought for the recover}^ of the same, it may be destroyed.

Sec. 8106. Scale out of balance.—It shall be unlawful for any person

to have in his possession, maintain for use or use any scale for commercial purposes, which is out of balance.

Sec. 8107. Weights and measures not sealed.—It shall be the duty of

the district sealers to seal all such weights and measures and weighing

and measuring devices as are found correct, after test, with an ap- propriate seal, the design for which shall be furnished by the deputy

State sealer: Provided^ however^ That weights used in connection

with scales, graduates, milk bottles and similar glass measures need

not be sealed.

See. 8108. Eepresent State.—It shall be the duty of the district

attorney in each district to represent the State in any procedure for

the violation of the State law brought under this act.

Sec. 8109. Certain State regulations shall be followed.—None of the

provisions of this act shall be construed as in any way limiting the

right of any city regularl}^ incorporated within the State from

enforcing any ordinance or ordinances which it may have heretofore or may hereafter enact relating to weights and measures : Provided^

however, That such ordinance shall not establish standards of weight

or measure in relation to the sale of commodities other than such

as will conform to those adopted by the State : And he it further provided, That such specifications, tolerances and regulations appertaining to the testing, sealing, condemning or confiscation of weights, measures or weighing or measuring devices established or adopted by

the State shall be followed by such city in making inspections and

tests. Sec. 8110. Special sealers may enforce State laws.—The State sealer

and the deputy State sealer of weights and measures shall haA^e such

authority as is authorized and conferred upon them within the limits

of such city, and the State sealer is hereby authorized, at his discretion, to appoint as special sealers, the person or persons who may

for the time being, hold the position of city sealer or deputy city

sealer, within such city, to enforce the provisions of this act within

the limits of such city, and such person or persons so appointed

shall receive no additional compensation therefor.
OBEGON 645

Sec. 8111. Authority limited.—None of the provisions of this act

shall be construed as in any way authorizing or empowering a district sealer to exercise any authority conferred upon him, within such

city, so having provided for local inspection of weights and measures.

Sec. 8113. Dry measures; unlav/ful to use; to sell by net weight or numerical count; boxes and baskets; contracts.—From and after the

passage and adoption of this act, it shall be unlawful to use or employ any dry capacity measure as a means to deteimine the

amounts^ or quantities of commodities offered or exposed for sale or sold. All commodities heretofore commonly sold by dry measure shall,

from and after the taking effect of this act, be sold upon the basis

of net weight or by numerical count. Dry capacity measures, within the meaning of this section, shall be construed to be the bushel, half-bushel, peck, half-peck, quarterpeck, quart, pint, half-pint and similar measures. Boxes, baskets and similar containers, the capacities of which have

been established by law, shall not be construed as being dry capacity measures. Any and all existing contracts in which quantities are estimated

or arrived at by dry capacity measure or from the bushel weights

as at present established hj law shall be in force until matured:

Provided, however, That all contracts made after the taking effect of this act shall establish the amounts or quantities of com^modities

contracted for therein by net weight or numerical count.

Sec. 8114. Dry commodity by liquid measure.—It shall be unlawful

to offer or expose for sale or sell any dry commodity by liquid measure.

Sec. 8115. Sale of firewood, coal and ice.—Firewood shall be sold by

the cord or fraction of a cord ; coal shall be sold by the ton or frac- tion of a ton; ice shall be sold by weight, and in all sales of fire- wood, coal or ice a definite statement shall be made to the purchaser

as to the amounts or quantities thereof.

Sec. 8116. Coal, carload shipments, net weight governs.—In all shipments of coal received within this State, in carload lots containing

twenty-five tons or more, the net weight of the coal at the destination point shall govern, unless expressly contracted for otherwise.

Sec. 8117. Capacity of fuel tanks, range boilers.—When the capacity

of fuel tanks, range boilers or similar receptacles is marked thereon,

such mark or marks shall indicate the true capacit3^

Sec. 8118. Oysters, how sold.—It shall be unlawful to offer or expose

for sale or sell any shelled oysters, uncooked, in any other manner

than by numerical count, weight, or standaixl liquid measure, and

it shall be unlawful to include, as a part of the weight or the measure, any water or liquid in any greater amount than sixteen per cent

of the weight or measure of the oysters offered or exposed for sale or sold ; within the meaning of this section, to determine the amount

of water or liquid included, the oysters shall be well drained.

Sec. 8119. less than quantity represented.—It shall be unlawful for

any person or persons, to offer or expose for sale or sell less than

the quantity represented, or who, as the buyer, furnished the weight

or measure by means of which the amount of the commodity is deter-

» See also see. 8138.
646 LAWS CONCERNING WEIGHTS AND MEASURES

mined, to take more than the quantity represented or to sell any

commodity in a manner contrary to law.

Sec. 8120 (1913). False certificate of weight.—It shall be unlawful

for any person, firm or corporation, owning or operating any scale for hire or award, to give a false certificate of weights to any person,

firm or corporation, and every person, firm or corporation owning

or operating a scale for hire or award shall keep a record of all weighings made, and shall on demand of the party interested, report

the correct weight in writing of any article or articles to the owner

or purchaser thereof.

Sec. 8121. False certificate of weight.—It shall be unlawful for any

person, firm or corj)oration using any scale, weight or measure, or any device for ascertaining the quantity of any commodity, to give

any false certificate, or make any false statement as to the weight or measure of such commodity, to any person whereby such person, or any other jDerson, firm or corporation shall suffer loss or in- jury.

Sec. 8122 (al915). ITet weight required.—It shall be unlawful, in

selling any commodity by weight or measure, to include the weight

or measure of anji^hing other than the weight or measure of such

commodity so sold : Provided, however, That this shall not be so con- strued as to interfere with the right of contract as between parties. It shall be unlawful for any person, firm or corporation to use diXij false weight or measure, or to sell any commodity at a greater weight

or measure than its true weight or measure, or where the buj^er is the wejgher or measurer, to take any greater weight or measure than

the true weight or measure.

Sec. 8123 (1913). Interfering with officer.—It shall be unlawful for

any person to interfere in any way with any officer charged with the

enforcement of the provisions of this act while such officer is engaged

in the performance of his duty, as herein provided, or to alter, erase, change or remove any tag or seal placed by such officer in the per- formance of his duty upon scale, weight or measure.

Sec. 8124. Cord of wood.—The standard of a cord of wood within

the State shall be one hundred and twenty-eight cubic feet of wood,

well piled.

Sec. 8125. Standard ton of coal; long ton.—The standard for a ton

of coal, within this State, shall be two thousand pounds, avoirdupois

weight, unless the so-called long ton, twenty-two hundred forty

pounds, is expressly contracted for.

Sec. 8126 (al917). Standard boxes for berries.—The standard boxes

or baskets used in the sale of strawberries, blackberries, loganberries,

raspberries, or similar berries, shall be of the interior capacity

of sixty-seven and two-tenths cubic inches {Avj quart) or thirtythree and six-tenths cubic inches (dry pint) or sixteen and eighttenths cubic inches (dry one-half pint). And it shall be unlawful

to offer or expose for sale or sell strawberries, blackberries, loganberries, raspberries, or similar berries, in boxes or baskets of other

than standard size: Provided, That nothing within this section

shall be construed as in any way preventing the sale of strawberries,

blackberries, loganberries, raspberries, or similar berries, by weight

or in boxes or baskets of greater capacity than sixty-seven and twotenths cubic inches.
OREGON 647

Sec, 8127, Commodities in package form to have net contents marked.

It shall be unlawful to keep, for the purpose of sale, offer or expose

for sale, or sell any commodity in package form, unless the net quantity of the contents be plainly and conspicuously marked on the

outside of the package, in terms of weight, measure, or numerical

count: Provided, however, That reasonable variation or tolerance

shall be permitted and that these reasonable variations or tolerances

and regulations shall be made and enforced by the State sealer of weights and measures: Provided further, That this section shall not be construed to apply to those commodities in package form, the manner of sale of which is specifically regulated by the provisions of

other sections of this act.

Sec. 8128. False weight or measure, prima facie evidence, when.—In

all prosecutions for the violation of any laws relating to vv^eights or measures, the possession of a weight or measure, or weights or measures, which has been altered, changed, or in any manner

tampered with so that the same shall give a false or wrong weight

or measure in either buying or selling any commodity, shall be prima

facie evidence of the guilt of the person having the same in

possession.

Sec. 8129. Automatic measuring pumps, test of; short measure prima

facie evidence.—Every person who uses an automatic measuring

pump or any pump which is used to measure the amount of any

liquid sold shall keep a standard measure and test such pump as to

its accuracy in measuring such liquid and keep the same in such

condition as to accurately measure any liquid sold therefrom at all times and the delivery or sale of short measure from any such

pump shall be prima facie evidence of the guilt of the person owning

or operating the same.

See. 8130. Impersonating.—It shall be unlawful for any person to impersonate any deputy State sealer or district scaler of weights and

measures and any person so doing shall be guilty of a misdemeanor

and upon conviction thereof shall be subject to the penalties as provided in section 8133 of which this section is a part.

Sec. 8131 (1913). Penalties.—Any person or persons violating any

of the provisions of chapter 325, Laws of 1913, [sections 8084 to 8092,

inclusive, 8099 to 8103, inclusive, 8120 to 8125, inclusive] shall be

deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than five dollars nor more than

five hundred dollars, or imprisonment in the county jail for not

less than five days nor more than ninety days, or by both such fine and imprisonment.

Sec. 8132 (1915). Violation, penalty.—Any person who, by himself

or by his servant or agent, or as the servant or agent of another

person, violates any of the provisions of chapter 162, Laws, 1916 [sections 8093 to 8098, inclusive, and 8126], shall he deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a

fine of not less than five dollars nor more than five hundred dollars, or imprisonment in the county jail for not less than five days nor more than ninety days, or by both such fine and imprisonment.

Sec. 8133. Violation, penalty.—Any person or persons who violate

any of the provisions of chapter 161, Laws of 1915, [sections

8104 to 8111, inclusive, 8113 to 8119, inclusive, 8127 to 8130, in-
648 LAWS CONCERNING WEIGHTS AND MEASURES

elusive] shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not less than five dollars nor more than five hundred dollars, or imprisonment in the

county jail for not less than five nor more than ninety days, or by

both such fine and imprisonment.

Sec. 8134. Terms defined.—The word " person or persons " as used

in this act, shall be construed to include the officers, directors, agent or agents of any corporation, company, society or association. The

words " weight or measure and weights or measures " shall be con- strued to include weights, scales, beams, measures of any kind, in- stru"ments and mechanical devices for weighing or measuring, and

any appliances or accessories connected with any and all such

instruments.

Sec. 8135 (1917). Jurisdiction.—In all prosecutions arising under

sections 8084, 8125 and 8131-8134, justices of the peace shall have

concurrent jurisdiction with the circuit courts.

Sec. 8136. Standard barrel for cranberries.—The standard barrel * for

cranberries shall be of the following dimensions, when measured

without distension of its parts: Length of staves, twenty-eight and

one-half inches; diameter of head, sixteen and one-fourth inches;

distance between heads, twenty-five and one-fourth inches; circumference of bulge, fifty-eight and one-half inches, outside measure- ment; and the thickness of the staves not greater than four-tenths of an inch.

Sec. 8137. Subdivisions of barrel.—All cranberries offered for sale shall be packed in a standard cranberry barrel, or a legal subdivision

thereof, such as half-barrel, a third-barrel, or box which shall have

the cubical contents of a half-barrel, or third-barrel.

Sec. 8138. Less than one-third barrel, how sold.—Cranberries, when

offered for sale in quantities less than a third-barrel, may be sold by

dry measure ; that is, by quart, pint, and similar measures.

Sec. 8139. Sold in containers, when.—Cranberries may be sold in

containers or cartons, holding four quarts, two quarts, one quart, or one pint, and upon the containers or cartons shall be printed the

cubical contents of such containers and cartons.

Sec. 8140. Penalty.—Any person or persons who violate any of the

provisions of this act [sections 8136-8141] shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a

fine of not less than five dollars nor more than fifty dollars, or imprisonment in the county jail for not less than five nor more than

thirty days, or both such fine and imprisonment.

Sec. 8141. Terms defined.—The word " person " or " persons," as used in this act, shall be construed to include the officers, directors,

agent or agents of any corporation, company, society or association.

Sec. 8142. Flour; standard weight of barrel and subdivisions.—There

shall be a standard weight for a barrel of flour, or subdivisions thereof, known as the half, quarter and eighth barrel, when sold in the

sack.

Sec. 8143. V/ei^hts prescribed.—The standard weight of a barrel of

flour shall be 196 pounds, net weight, avoirdupois. The standard

weight of one-half barrel of flour shall be ninety-eight pounds, net

' See footnote, p. 20, lelativp to llie Federal standarcl liairel.
OREGON 649

weight avoirdupois. The standard weight of one-quarter barrel of

flour shall be forty-nine pounds, net weight, avoirdupois. The

standard weight of one-eighth barrel of flour shall be twenty-four

and one-half pounds, net weight, avoirdupois.

Sec. 8144. Bale of flour.—There shall be a standard weight for a bale of flour, or subdivisions thereof, when sold in the sack.

Sec. 8145. Weight of.—The standard weight of a bale of flour shall be ninety-eight pounds, net weight, avoirdupois, or ten sacks, weighing nine and eight-tenths pounds each, net weight, avoirdupois.

See. 8146. Sacks not standard prohibited.—It shall be unlawful to expose for sale or sell in the sack, flour either white, whole wheat,

graham, or rye flour, by the sack in other than the standard sack

as herein provided.

Sec. 8147. Penalty.—Any person, firm, or corporation violating any

of the provisions of this act shall be deemed guilty of a misdemeanor

and upon the conviction thereof, shall be punished by a fine of not

less than ten dollars nor more than one hundred dollars.

Sec. 8148. Enforcement.—It shall be the duty of the State sealer of

weights and measures to enforce the provisions of this act.

Sec. 8149. Jurisdiction.—Justices of the joeace and district courts

shall have concurrent jurisdiction with the circuit courts for the

enforcement of this act.

Sec. 8150 (1911). Standard apple box.—There is hereby created and

established a standard size for apple boxes for the State of Oregon.

Sec. 8151. Dimensions of.—The standard size of an apple box shall be eighteen inches long, eleven and one-half inches wide, ten and

one-half inches deep, inside measurement.

Sec. 8152. Special size of box.—That the special size of apple boxes

shall be twenty inches long, eleven inches wide, and ten inches deep,

inside measurement.

Sec. 8153 (1913). Weight of sacks of potatoes, standardized.—There

shall be a standard weight for a sack of potatoes in the State of

Oregon.

Sec. 8154. Weight of sack of potatoes; weight of sack included,

when.—In all cases where not otherwise specified by contract, one hundred pounds, inclusive of the weight of the containing bag or

sack, shall be the standard weight of a sack of potatoes in the State

of Oregon.

Sec. 8155 (1915). Mill feed, how sold.—All mill feed, including

crushed and ground grains, bran and shorts, shall be sold by weight

within the State of Oregon.

Sec. 8156. Violation.—Any person violating the provisions of this act [section 81.55] shall be deemed guilty of a misdemeanor.

Sec. 8157 (1913). Deduction for weight of sack in sale of farm or range products, when made.—That whenever wheat, r,ye, Indian corn,

oats, barley, clover seed, buckwheat, alfalfa seed, timothy seed, field peas seed, dried apples, dried peaches, dried prunes, potatoes, pears, wool, mohair or any other farm or range product shall be sold by

the bushel or pound or in sacks, and if no special agreement shall be made by 'the parties to the sale as to what tare or deduction

shall be made for the weight of the sacks containing the above

produce, no deduction shall be made therefor.
650 LAWS CONCERNING WEIGHTS AND MEASURES

Sec. 8158, as amended by Laws, 1925, ch. 118, p. 173. Measure for

hops.—The owner, lessee, manager or person in charge of any hopyard, where hops are being picked, shall cause said hops to be weighed

in order to ascertain the quantity of hops picked. It shall be unlawful for any owner, lessee, manager or person in charge of any hopyard,

where hops are being picked, to use or employ any other or differ- ent method or manner in ascertaining the quantity of hops picked.

The owner, lessee, manager or person in charge of any hopyard,

where hops are being picked, shall be permitted to deduct as tare not more than three pounds to cover the weight of the sack. Any person or persons who violate any of the provisions of this act shall be deemed guilty of a misdemeanor and, on conviction

thereof, shall be punished by a fine of not less than five dollars nor more than fifty dollars, or imprisonment in the county jail for

not less than five nor more than thirty days, or hj both such fine and imprisonment.

Sec. 8159 (1905). Tare on hop sales; weight of baling cloth.—Hereafter in all sales and transfers of hops there shall be allowed and

deducted as tare five pounds per bale and no more. Five yards of

baling cloth is the maximum quantity to be used making the bale,

and the standard weight of each yard of baling cloth is hereby

fixed at twenty-four ounces.

Sec. 8160. Weight of sacking when deducted as tare.—Any vendor of

hops using heavier sacking than that specified in this section, or using any extraneous matter in the baling thereof, shall have the same deducted as additional tare. Laws, 1923, ch. 271, p. 394.

Sec. 1. State market agent.—There is hereby established the State

market agent.

Sec. 2. Powers and duties.—The powers and duties invested by this act in the State market agent shall be as follows

1. He shall act as adviser to producers, distributors and consumers, when requested, assisting them to the best of his ability in the

economical and efiicient distribution of grain and grain pi'oducts,

hay and products thereof, livestock and all meat products, dairy

products, poultry and poultry products and agricultiiral implements

produced, manulfactured, processed in or tran.sported into the State

of Oregon. * * *

6. He shall foster and encourage the inspection, grading, standardizing, labeling and branding of all such products and shall exercise,

under the direction of the governor, all the rights, powers and

duties vested by law in the public service commission under chapter

333 of General Laws of Oregon of 1917 and amendments thereto,

being sections 6112 to 6159, Oregon Laws.

7. He shall promote the standardization of packages and containers for such products. All duties required by law to be discharged

by the State treasurer in his capacity as the State sealer of weights

and measures, the deputy State sealer of weights and measures and

their representatives and employees, shall, upon the expiration of the

term of office of the present State treasurer, be discharged by the

State market agent, and all laws and regulations now or hereafter

i
OREGON 651

enacted relative to weights and measures and to other standards of

quantity shall apply to said State market agent in the same manner

and to the same effect as they formerly applied to said State sealer of weights and measures, deputy State sealer of weights and measures, their representatives and employees.

Sec. 10. Funds for State agent.—The State market agent shall be

financed by the funds now at the disposal of the public service commissioners under chapter 333 of the General Laws of Oregon of 1917,

sections 6112 to 6159 of Oregon Laws ; and the funds made available

for the work of the State sealer of weights and measures, the deputy

State sealer of weights and measures, and their officers and employees ; and such additional funds as may be available under this act or any amendments thereto : Provided, That the property and funds

pertaining to the work of the State sealer of weights and measures

shall be retained by the present office during the incumbency of the

present State treasurer. Oregon Laws, 1920, Vol. 1, Title 19, cli. 8, p. 1242.

See. 2180-6 (1919). Bread, size of loaves specified; variations per- mitted.—That no person, firm or corporation shall hereafter manufacture, sell, offer or expose for sale bread, except in the following

weights, which shall be net weights twelve hours after baking. One

pound, one and one-half pounds, two pounds, three pounds, four

pounds and five pounds, or other pound weights. Variations at the

rate of one ounce per pound over, and one ounce per pound under

above specified unit weights are permitted in individual loaves, but

the average weight of not less than twenty-five loaves of any one unit

of any one kind shall not be less than the weight prescribed by these

regulations for such unit.

Sec. 2180-8. Jurisdiction; prosecutions; enforcement.—Justice courts,

district courts and municipal courts sitting as justice courts, shall

have concurrent jurisdiction with the circuit courts of all prosecutions arising under sections 2180-6 and 2180-7. The district or county attorney is authorized to institute prosecutions for violation

of this act by information, or the same may be instituted by indictment or by com^Dlaint verified before any magistrate. It shall be

the duty of the dairy and food commissioner to enforce all the provisions of this act. Sec. 2180-9. Penalty.—Any person who shall violate any of the

provisions of sections 2180-6 to 2180-8 shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not

less than ten dollars nor more than one thousand dollars or by imprisonment in the county jail not exceeding one year, or by both such

fine and imprisonment: Provided, however, That upon a second

conviction for the violation of any of the provisions of this act such

person shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars or by imprisonment in the county

jail for not less than ten days nor more than one year, or by both

such fine and imprisonment.

Laws, 1923, ch. 268, p. 388.

Sec. 1. " Bedding " defined.—The term " bedding " is defined to in- clude any mattress, upholstered surface or spring, comforts, pad,
652 LAWS CONCERNING WEIGHTS AND MEASURES

cushion, bag, pillow or any other such soft article which supports

the body in sleeping or resting.

Sec. 2. " Person " defined.—The word " person " implies individuals,

partnerships, companies, corporations, societies, associations or others of any gender, as the case may be.

Sec. 3. Bedding to be marked with weight, measure and quality.—No

person shall at wholesale or retail, directly or indirectly, make or re- pair, sell, offer for sale, deliver, rent, consign, lease or otherwise

commercially dispose of or have in his possession with intent to dispose of any article of bedding not plainly and indelibly labeled

with a cloth or cloth-lined tag, not smaller than three inches square, securely sewed at least on one edge into the outseams of the article,

truthfully setting forth in the English language its contents, weight,

measurements, amounts by weight of each kind of material, whether

new, shoddy or waste or second-hand, in whole or in part, used in its manufacture, with the name and address of the manufacturer or vendor thereof, or both. All invoices or other instruments of delivery shall set forth the true description of the merchandise that

passes, as enumerated on the labels. Example : "—6-35 lb. Prime

Java-Kapok 4/4 Mattresses, @ 15.00—90.00."

Sec. 8. Form of label.—The general form of label covered by tliis act to be as follows

This article is made in compliance with the act of the State of

Oregon, approved day of , 19—

Materials Used in Manufacture

Manufactured of . All new material.

Second-hand material, waste material, shoddy.

Remade of owner's material with lbs. new or second-hand.

Covering—New or second-hand.

Grade oz. Sheeting , drill , sateen, etc. 15 lbs. Prime Java-Kapok lri„„_ 40 \Ua

25 lbs. Cotton Linters felted j 40 lbs. Staple cotton felted. 40 lbs. White hair, etc.

(Name of maker or vendor)

Sec. 9. Label, removal of.—No person other than a purchaser for

his own use shall remove or cause to be removed, defaced, concealed,

changed or altered any label or tag or its markings or statements on any article of bedding.

Sec. 10. Label not to be misleading.—No person shall use any terms

or other description on any label or tag upon any article of bedding

which is likely to mislead or cause inference by the jDurchaser of

any but the truthful contents of same, or use other than the .standard

delinition, practice or terms of classification, where a standard classi- fication exists concerning any commoditiy.

Sec. 11. State sealer to enforce law.—It shall be the duty of the

State sealer of weights and measures to supervise and inspect,

according to the terms of this act, and to enforce the provisions

thereof.
OBEGON 653

See. 12. Supervision and inspection of materials.—Any person en- gaged in the manufacture of any article of bedding or handling in

any way any of the articles as set forth in section 3, or any of the

materials that enter into any article of bedding, shall be subject to supervision and inspection by any deputy duly appointed for the

enforcement of this act and shall furnish any information that said

deputy may deem necessary in the performance of his duty in the

enforcement of the act. and he shall admit said deputy to his

premises or any part thereof.

Sec. 13. Penalty.—Any person violating any of the provisions of

this act shall be guilty of a misdemeanor and, upon conviction

thereof, shall be punished for each ofi'ense by a fine of not less than

twenty-five dollars nor more than one thousand dollars, or by imprisonment in the county jail not to exceed six months, or both such

fine and imprisonment. The unit for each separate offense shall be

each and every article of bedding as set forth in section 1. Sec. 14. Permit for making- and repairing- any article of bedding.—All

persons engaged in the making and repairing of any article of

bedding must apply to the State sealer of weights and measures for

a permit to be issued upon the paj'ment of a twenty-five dollar yearly

fee and agree to conduct said business in a sanitary mamier and in

compliance with this act, said permit to be revocable at any time

after thirty days' notice, should evidence of violation or insanitarv

conditions be apparent to the inspector. The fees so collected shall be paid over promptly to the State treasurer and placed by him in

the general fund, and the expenses of the State sealer of weights

and measures incurred in cari'ying out the provisions of this act shall be audited and paid in the same manner as other expenses of

said office are audited and paid, but such expenditures shall never

be in excess of the fees so collected and paid into said fund.

Sec. 15. Sampling and examining bedding and materials of composition.—The State sealer of weights and measures or his deputy shall

sample or open in any way for inspection at any time or place any

article of bedding or material he has reason to believe is in violation

of this act and, upon examination, should he still be in doubt as to the true nature of the material or article, he shall consult invoices or other instruments or records he may see fit, held by any person,

containing any information pertaining to the article or material in

question.

Sec. 16. Articles of bedding may be condemned and destroyed, when.

The State sealer of weights and measures, with the concurrence of

the State or local health officer, is hereby authorized and empowered

to condemn and destroy any article of bedding described in section

3 of this act, which is not labeled as therein provided, or which in

their judgment is insanitary.

Sec. 17. District attorney to institute proceedings, when.—Any per- son or individual who has reason to believe that this act is'^ being

A'iolated shall report the facts to the district attorney, whose duty

it shall be to institute immediate proceedings for the enforcement

of this act. Sec. 18. Definitions of materials.—For the purpose of this act, " shoddy," " waste " and second hand " are hereby defined as fol- lows : " Shoddy " shall embrace all materials resulting from the
654 LAWS COS-CEKKLNG WEIGHTS AND MEASUBES

flisintegi-ation of any old fabric. " Waste " shall embrace all dis- carded materials from mills, garbage, sweepings, waste receptacles, or other possibly contaminated materials. Wastes which are byproducts of machines at mills using new raw materials are excepted

when free from contamination. '• Second hand " shall embrace all material which has been previously used in bedding or otherwise, or material which possibh' has been contaminated.

Sec. 19. Repeal.—Sections 8279 and 8282, Oregon Laws, both inclusive, and all acts or parts of acts inconsistent herewith, are hereby

repealed.

Oregon laws, 1920, Vol. 2, Title 46, ch. 1, p. 3239.

Sec. 8724 (1915). Butter, short weight prohibited; net weight to be

marked.—It shall be unlawful for any person to sell, offer or expose

for sale any short-weight butter within the State of Oregon. All

butter sold, or exposed or offered for sale in rolls, prints or squares

within the State of Oregon shall be plainly marked with the net weight thereof, and every roll, print or square sold, or offered or exposed for sale shall contain the weight marked thereon.

Oregon Laws, 1925, ch. 246, p. 442.

Sec. 4. Sale of eggs; standards prescribed.—It shall be unlawful for

any person, firm or corporation to sell or offer or expose for sale any

eggs intended for human consumption without notifj-ing by suitable

sign or label the person or persons purchasing or intending to purchase the same of the exact grade or quality and the size or weight

of such eggs, according to the grades prescribed herewith : (a) A fresh egg is an egg of recent production, clean, full, with

" fixed air space of not more than three-eighths of an inch in depth,

sweet, strong of body and unimpaired in qualit5\ The albimien must

not appear watery. A larger air space with a movable lower line

indicates a stale egg, or one that is becoming weak and watery.

(h) A fresh standard egg is a fresh egg, as denned in paragraph

(a), weighing not less than one and five-sixths oimces.

(e) A fresh medium egg is a fresh egg weighing not less than one and seven-twelfths ounces.

(d) A fresh imdersized egg is any fresh egg weighing less than

one and seven-twelfths ounces.

(e) All standard eggs, medium eggs and undersized eggs shall be

packed separately and the grade plainly marked on the end of the

case, showing the particular grade of eggs in the case. (/) Undergrade eggs are good, edible eggs, but with an air space more than three-eighths of an inch in depth and not good enough to grade as standard in the different classifications herewith defined.

Sec. 5. Marking container.—^Wlten eggs are removed from the original container for resale, the true grade of said eggs must be stamped

upon the subsequent container in letters not less than one-third

inch in height. If placed on display for sale, a sign must be

placed immediately over said eggs in letters not less than one inch in

height, giving the true grade of said eggs. '\Mien eggs are sold in

lots of half cases or more, the container must be marked, showing

plainly and truly the grade or grades of eggs therein contained and

an invoice must accompany said sale plainly and truly indicating

the grade or grades of eggs sold: Provided, That the provisions of
OREGON 655

this act shall not apply to any eggs being handled for, or in transit

to, or sold to dealers in commercial centers to be candled and graded,

but all such eggs offered for sale in half cases or more shall be

plainly stamped or branded " Not candled " upon the outside of the

container in letters one inch in height. The word person, as used in

this act, shall mean and include individuals, firms and members of

firms, and their employes or agents, corporations and officei-s of

corporations and their employes and agents.

Sec. 6. Enforcement.—It shall be the duty of the dairy and food

commissioner to enforce the provisions of this act and to make such

rules and regulations as may be necessary for the enforcement of the

act.Sec. 7. Penalty.—Every person who violates any of the provisions

of this act shall be guilty of a misdemeanor, and, upon conviction for

the first offense, shall be punished by a fine of not less than ten

dollars and not more than one hundred dollars and for each subsequent conviction thereof shall be punished by a fine of not less than

twenty-five dollars and not more than two hundred dollars. Oregon Laws, 1920, Vol. 1, Title 19, oh. 9, p. 1297.

Sec. 2234 (al917). Specific gravity of gasoline; labeling of cask.—It shall be unlawful for any manufacturer, dealer or vendor to

sell or offer for sale any petroleum product known as gasoline that

has a specific gravity of less than fifty-six degrees as measured by

the Baume hydrometer at a temperature of sixty degrees Fahrenheit; and each manufacturer, dealer or vendor of gasoline shall

brand or label every cask, barrel or car containing such products

with figures denoting the specific gravity and the word " Gasoline " in large plain letters at least one and one-half inches in size. Sec. 2235. Penalty for violating preceding section.—Any person, cor poration or company who shall offer for sale any gasoline con

trary to the provisions of this act or shall be in possession or control

of any gasoline held for sale, not labeled as provided by section 1 [section 2234] of this act, shall be deemed guilty of a misdemeanor,

and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or

be sentenced to the county jail for a period not exceeding six

months; and in addition to said fine or punishment said gasoline

shall be condemned and destroyed by order of the court having

jurisdiction of the offense.

Sec. 2236. Justices' courts have jurisdiction of offenses.—Justice and

district courts shall have jurisdiction of all offenses arising under

this act.

Sec. 2236-1 (1917). Enforcement of act.—It shall be the duty of the

State sealer of weights and measures to enforce the provisions of

this act. Laws, 1921, ch. 371, p. 707.

Sec. 38. Models and weights.—Every manufacturer of a motor vehicle, trailer, semitrailer or motor bus, sold or offered for sale within

this State, either by the manufacturer, distributor, dealer or any

other person shall, on or before the first day of August, one thousand nine hundred twenty-one, and annually thereafter, and at such

517—27 42
656 LAWS CONCERNING WEIGHTS AND MEASURES

other times as may be required by the secretary of state, file in the

office of the secretary of state of this State a sworn statement showing the various models manufactured by him and the weight of

each model as of August first of that year, and shall furnish such

other information as the secretary of state may require for the

efficient administration of this act : Provided, The secretary of state may accept the weight of any motor vehicle, motor truck, trailer,

semitrailer or bus trailer as taken on a scale, which scale has been

inspected and sealed by the State sealer of weights and measures

or his duly appointed deputies.

Oregon Laws, 1920, Vol. 2, Title 46, ch. 1, p. 3239.

Sec. 8744 (1915). Concentrated commercial feedstuflfs; net weight to be marked.—Every lot or parcel of concentrated commercial feedstuffs, as defined in section 8746 [8745], used for feeding farm live- stock, sold or offered or exposed for sale within this State, shall have affixed thereto, in a conspicuous place on the outside thereof, a plainly printed statement, clearlj^ and truly certifying the name,

brand or trade-mark, under which the article is sold for feeding purposes, the name and address of the manufacturer, importer, or dealer,

the net weight of the package, * *

*

Sec. 8748. Net weight to be marked on package.—Every lot, parcel or package of medicinal stock food, as defined in section 8748 [8747],

sold, offered or exposed for sale or distribution within this State, shall have affixed thereto, a label in a conspicuous place on the outside thereof, containing a legible and plainly printed statement in

black ink, in the English language, clearly and truly certifying

{a) The net ^weight of the package.

(&) The name, brand or trade-mark.

(c) The name and principal address of the manufacturer or per- son responsible for placing the commodity on the market. * *

* Oregon Laws, 1920, Vol. 2, Title 47, cb. 22, p. 3330.

Sec. 9019 (1907). Fertilizers; weight to be marked on package.—{a)

Every lot, parcel, or package of commercial fertilizers or materials

to be used for manurial purposes (excepting the excreta of domestic

animals) sold, offered or exposed for sale within this State, the sell- ing price of which exceeds five dollars per ton, shall be accompanied

by a plainly printed label, stating the name, brand and trade-mark,

if any there be, under which the fertilizer is sold, also the number of

net pounds of fertilizer contained in the packages, the name and ad- dress of the manufacturer, importer or dealer, * *

* Oregon Laws, 1920, Vol. 1, Title 19, ch. 3, p. 1184.

Sec. 2020 (1915). Misbranding or misrepresenting any metallic com- modity; penalty.—Any person, firm or corporation, foreign or domestic, his or its agent, servant or employe doing business in the State

of Oregon, who, intentionally or for the purpose of deceiving any

customer or purchaser, misbrands or misrepresents the kind, gauge,

analysis, weight, quality or quantity of any metallic commodity

offered for sale, or if it be an imitation of or offered for sale under

the distinctive name of another article, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a
OREGON 657

fine of not less than one hundred dollars nor more than five hundred

dollars for each violation.

Oregon Laws, 1920, Vol. 2, Title 46, ch. 2, p. 3264.

Sec. 8759 (al919). Milk or cream, fraud as to weight or test; manner

of making test.—It shall be unlawful for any hauler of milk, or cream, or any person, firm or corporation receiving or purchasing

milk or cream by weight or test or both, or by measure or test or

both, to fraudulently manipulate the weight, measure or test of milk

or cream of any person or to take unfair samples thereof, or to fraudulently manipulate such samples. The hauler or other agent

shall weight or measure the milk or cream of each patron accurately

and correctly and shall report such weights or measurements ac- curately and correctly to the creamery or factory and the seller of said product. He shall thoroughly mix the milk or cream of

each patron by pouring or stirring until such milk or cream is uniform and homogeneous in richness, before the samples are taken from

such milk or cream. When the weighing or sampling is done at the creamery, shipping station or factory, the same rule shall apply.

* * *

Sec. 8760 (1915). Babcock test bottles, use of.—Every person, firm

or corporation receiving or purchasing milk or cream on the basis of

the amount of butterfat contained therein as determined by the Babcock test, shall use the standard Babcock test bottles, pipettes and

accurate weights and scales as defined in section 8769, 8770, and all Babcock test bottles and pipettes shall have been inspected for ac- curacy by the Oregon Agricultural College or its agent and shall

be legibly and idelibly marked by the Oregon Agricultural College or its agent with the letters " S. G. O." (Standard Glassware

Oregon). It shall be unlawful for any firm or corporation or any of

their agents to use any other than standard test bottles and pipettes

which have been examined and marked as provided by this section, to determine the amount of fat in milk or cream received or purchased on the butterfat basis.

Sec. 8761. Fraudulent use of Babcock tests.—It shall be unlawful

for any person, firm or corporation, by himself or as the agent,

servant, employe or officer of any person, firm or corporation re- ceiving or purchasing milk or cream on the basis of the amount of

butterfat contained therein, to underread, overread or otherwise

fraudulently manipulate the Babcock test used for determining the

per cent of butterfat in milk or cream, or to falsify the records

thereof or to read the test at any other temperature than the correct one which is one hundred and thirty degrees to one hundred

and forty degrees Fahrenheit, or to pay on the basis of any meas- urement or weight except the true measurement or weight which is seventeen and six-tenths cubic centimeters for milk and nine grams

or eighteen grams for cream : Provided, That in all tests for cream

the cream shall be weighed into the test bottle.

Sec. 8762 (al917). Tester to be licensed; license, issuance of; term of

license.—All testing of milk or cream purchased on the basis of the

amount of butterfat contained therein, shall be done by a licensed

tester who shall supervise and be responsible for the operation of the

Babcock test of milk or cream. The license shall be issued to such
658 LAWS CONCERNING WEIGHTS AND MEASURES

person by the dairy and food commissioner upon the presentation by

the applicant of a certificate of proficiency properly filled out and

signed by the chief of the dairy department of the Oregon Agricultural College and upon the payment of a license fee as provided for

in section 8765. The license shall be valid during the life of the

licensee unless sooner revoked, and shall be revoked by the dairy and

food commissioner if, after due notice, the licensee has failed to comply with the laws, rules and regulations under which the license was

granted: Provided^ That the provisions of this section shall not

apply to individuals, hotels, restaurants or boarding houses buying

milk or cream for private use.

Sec. 8768 (1915). Penalty.—Any employe of a firm, company, association, corporation or persons receiving or purchasing milk or cream

on the basis of the amount of butterfat contained therein, violating

any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in the sum of

not more than two hundred fifty dollars or be imprisoned in the

county jail for not more than twelve months, or both. Any person,

firm or corporation purchasing milk or cream on the basis of the

amount of butterfat contained therein, violating any of the provisions of this act, shall be deemed guilty of a misdemeanor, and

upon conviction thereof shall be punished by a fine of not more than

one thousand dollars, or imprisoned in the county jail for a period

of not more than one year, or both such fine and imprisonment.

Sec. 8769. Standard Babcock testing glassware, specifications for; neck; bulb; graduation; neck; bulb; fifty per cent, 9-grani, long-neck

bottle ; the fifty per cent, IS-gram, long-neck bottle.—The term " standard Babcock testing glassware " shall apply to glassware and weights

complying to the following specifications: {a) Graduation for milk

test bottles. The total per cent graduation shall be 8. The graduated portion of the neck shall have a length of not less than 63.5 millimeters (2i/^ inches), the graduations shall represent whole per

cent, five-tenths per cent, and tenths per cent. The tenths per cent graduation shall not be less than three millimeters in length ; the five- tenths per cent graduations shall be one millimeter longer than the

tenths per cent graduations, projecting one millimeter to the left; the

whole i^er cent graduations shall extend at least one-half way around

the neck to the right and projecting two millimeters to the left of the

tenths per cent graduations. Each per cent graduation shall be numbered, the number being placed on the left of the scale. The error at any point of the scale shall not exceed one-tenth per cent. The neck shall be cylindrical and the cylindrical shape shall ex- tend for at least 9 millimeters below the lowest and above the highest

graduation mark. The top of the neck shall be flared to a diameter

of not less than 10 millimeters.

The capacity of the bulb up to the junction of the neck shall not be

less than 45 c. c. (cubic centimeters). The shape of the bulb may be

either cylindrical or conical with the smallest diameter at the bottom.

If cylindrical, the outside diameter shall be between 34 and 36 milli- meters ; if conical, the outside diameter of the base shall be between 31

and 33 millimeters, and the maximum diameter between 35 and 37

millimeters. The charge of the bottle shall be 18 grams. The total height of the bottle shall be between 150 and 165 millimeters (5^8

and 61/2 inches).
OBEGOK 659

(b) Three types of bottles shall be accepted as standard cream

test bottles, a 50 per cent nine gram, short-neck bottle, a 50 per cent nine gram long-neck bottle, and a 50 per cent 18 gram long-neck

bottle. Fift}^ per cent, nine gram, short-neck bottle: The total per cent graduation shall be 50. The graduated portion of the neck shall

have a length of not less than 63.5 millimeters (2i/2 inches). The

graduations shall represent 5 per cent, 1 per cent and fo per cent. The 5 per cent graduations shall extend at least half way around the

neck, to the right.

The jjj per cent graduations shall be at least 3 millimeters in

length, and the 1 per cent graduations shall have a length intertoiediate between the 5 per cent and the i% per cent graduations.

Each 5 per cent graduation shall be numbered, the number being

placed on the left of the scale. The error at any point of the scale

shall not exceed per cent. The neck shall be cylindrical and the cylindrical shape shall extend

at least 9 millimeters below the lowest and 9 millimeters above the

highest graduation mark. The top of the neck shall be flared to a diameter of not less than 10 millimeters.

The capacity of the bulb up to the junction of the neck shall not

be less than 45 c. c. The shape of the bulb may be either cylindrical or conical with the smallest diataeter at the bottom. If cylindrical,

the outside diameter shall be between 34 and 36 millimeters; if conical, the outside diameter of the base shall be between 31 and 33

millimeters and the maximum diameter between 35 and 37

Inillimeters.

The charge of the bottle shall be 9 grams.

All bottles shall bear on the top of the neck above the graduations

in plainly legible characters, a inark defining the weight of the

charge to be used (9 grams).

The total height of the bottle shall be between 150 and 165 millimeters (5% and 6i/^ inches), same as standard milk test bottles. The same specifications in every detail as specified for the 50 per

cent 9-gram, short-neck bottle shall apply for the long-neck bottle,

with the exception, however, that the total height of this bottle shall

be between 210 and 234 millimeters (8i/4 aiid 8% inches) and that

the total length of the graduation shall be not less than 120

"millimeters.

The same specifications in every detail as specified for the 50 per

cent 9-gram, long-neck bottle, shall apply, with the exception that

the charge of the bottle shall be 18 grams, and the mark defining

the weight of the charge placed at the top of neck shall be 18. The total length of the standard Babcock pipette shall be not more

than 330 millimeters (13^ inches). Outside diameter of suction tube

6 to 8 millimeters. Length of suction tube 130 millimeters. Outside diameter of delivery tube 4.5 to 5.5 millimeters. The length of

delivery tube 100 to 120 millimeters. Distance of graduation mark

above bulb 30 to 60 millimeters. Nozzle straight. Delivery 17.6

c. c. of water at 20 degrees centigrade in 5 to 8 seconds.

Sec. 8770. Sensibility of scales used.—The sensibility of all scales used for weighing cream samples into the test bottles shall be not more than 30 milligrams and the standard weights shall be 9 grams

and 18 grams.
660 LAWS CONCEENING WEIGHTS AND MEASURES

Sec. 8771. Babcock tester; speed of operation prescribed.—^In all testing of milk or cream where the same is received or purchased

upon the basis of the amount of butter fat contained therein, the

Babcock tester shall be operated at the proper speed which is as follows

:

For tester with diameter of 14 inches the speed shall be between

875 and 925 revolutions per minute.

For tester with diameter of 16 inches, the speed shall be between

825 and 875 revolutions per minute.

For tester with diameter of 18 inches, the speed shall be between

775 and 825 revolutions per minute.

For tester with diameter of 20 inches, the speed shall be between

725 and 775 revolutions per minute.

For a tester with a diameter of 24 inches, the speed shall be between 575 and 625 revolutions per minute.

Oregon Laws, 1920, Vol. 2, Title 34, ch. 15, p. 2396.

Sec. 5956 (al913). Inspection and sealing of railroad track scales.—^All track scales used by railroads within this State for the purpose of

weighing cars or freight offered for shipment in carload lots shall be

under the jurisdiction of the railroad commission of Oregon, and

subject to its inspection. It shall be the duty of said commission

from time to time to test and inspect all such scales, and to cause such scales to be put in an accurate condition. Said commission

shall approve a suitable sealing device, and cause all track scales in- spected under the provisions hereof to be officially sealed with such

device, when such scales are found or made to be accurate. The said

commission shall ascertain and declare the reasonable cost of making

each inspection, and certify the same to the secretary of state and

the railroad operating the scale inspected, whereupon it shall be the

duty of the corporation or person operating such track scale to pay

the cost of said inspection as so declared into the State treasury,

which sums slxall be. by the State treasurer, placed to the credit of a fund to be designated and known as the " Track scale inspection

fund," to be used hj the railroad commission of Oregon in carrying

out the provisions of this act, and disbursed as other public moneys

are disbursed as provided by law.

Sec. 5957 (1911). Sealing device, breaking or tampering with.—Any

person who shall break or tamper with or cause to be changed, broken

or tampered with, the sealing device or sealing thereof after the same

has been installed or inspected by any commissioner or inspector of

the railroad commission of Oregon shall be deemed guilty of a misdemeanor.

Sec. 5958. Apparatus for making tests, procuring of.—The railroad

commission of Oregon is hereby authorized and directed to procure

by purchase, lease or otherwise, necessary apparatus to make the

tests and inspections herein provided, and to employ the necessary

experts and inspectors therefor and to fix their compensation. All

such apparatus shall be transported free by every railroad in this

State, when necessary for the purpose of making the tests and inspections herein provided.
OREGON 661

Oregon Laws, 1920, Vol. 2, Title 34, ch. 27, p. 2418.

Sec. 6051 (1911). Standards for measurement; accurate appliances for public utilities.—The commission [railroad commission] shall ascer- tain and fix adequate and serviceable standards for the measurement

of quality, pressure, initial voltage or other conditions pertaining to the supply of the product or service rendered by any public utility

and prescribe reasonable regulations for examination and testing

of such product or service and for the measurement thereof. It

shall establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurements, and every public utility is required to carry into effect all orders issued by the commission relative thereto.

Sec. 6052. Testing of measuring appliances; fees.—The commission

shall provide for the examination and testing of any and all appliances used for the measuring of any product or service of a public

utility, and may provide by rule that no such appliance shall be in- stalled and used for the measuring of any product or service of any

public utility until the same has been examined and tested by the

commission and found to be accurate. The commission shall declare

and establish a reasonable fee governing the cost of such examination and test, which shall be paid to the commission by the public

utility.

The commission shall declare and establish reasonable fees for the

testing of such appliances on the application of the consumer or

user, the fee to be paid by the consumer or user at the time of his

request, but to be repaid to the consumer or Tisei- by the commission

and to be paid by the public utility if the appliance be found defective or incorrect to the disadvantage of the consumer or user beyond

such reasonable limit as may be prescribed hy the commission. All

fees collected under the provisions of this section shall be paid by

the commission into State treasury.

The commission may purchase such materials, apparatus and

standard measuring instruments for such examination and tests as it may deem necessary.

Sec. 6053. Entry upon premises for inspection or test.—The commission, its agents, experts, examiners or inspectors shall have power to enter upon an}' ])remises occupied by any public utility for the purpose of making any inspection, examination or test provided in tliis act and to set up and use on such premises nnj apparatus and appliance and occupy reasonable space therefor.

Oregon Laws, Vol. 2, Title 34, ch. 30, p. 2439.

Sec. 6112 (1917). Definition of public warehouse; two classes.—The

term " public warehouse " when used in this act, includes any ele- vator, mill, wareliouse or structure in which grain or hay is received

from the public for storage, shipment or handling, whenever such

grain or hay is carried or intended to be carried to or from such

warehouse, elevator, mill or structure by a common carrier. The term public " terminal warehouse " wherever used in this act

shall be held and construed to mean any elevator, mill or ware- house located in such cities in the State as may hereafter be desig-
662 LAWS CONCERNING WEIGHTS AND MEASURES

nated as inspection points by the public service commission of

Oregon, in which grain is received from the public for storage and

the grain of different owners mixed together or stored in special

piles or bins and for which receipts are issued covering the grain

received. Public terminal grain warehouses shall be of two classes, to

wit, " class A" grain warehouses and " class B " grain warehouses.

Class A grain warehouses shall include all warehouses the proprietors

of Avhich shall elect to take licenses under the provisions of this act relative to grain warehouses issuing registered grain warehouse

receipts. All other public terminal warehouses shall be known as

class B grain warehouses. The term warehouseman when used in this act includes any firm, person, company, corporation or association of persons owning, operating or controlling any public warehouse. The term "commission" when used in this act means the

public service commission of Oregon.

Sec. 6113. Weighing, inspecting and grading of commodities, may be

authorized when.—* * * The conmiission may by resolution

authorize the weighing, inspection and grading, upon request of any

interested party of commodities of commerce other than grain or hay, such as grain or hay products, rice, beans, and other similar

articles, nitrates and other fertilizers, sulphur, and other chemicals

used in the arts, or in manufacturing, when same are received from

or delivered to any rail or water carrier in the State in commercial

transportation, and may authorize the certification of the weights

and grades thereof. Fees for such service, sufficient to cover the

cost thereof shall be fixed by the commission. Such commission

shall investigate all complaints of fraud or injustice in the grain

and hay trade, fix the charges of public and terminal warehouses,

and make all necessary rules and regulations for carrying out and

enforcing the provisions of this act, and of all laAvs of the State

relating to this subject.

Sec. 6114. Chief inspector, appointment of.—The commission shall appoint a chief inspector, Avho shall be thoroughly familiar Avith the grains, grain products and forage crops of Oregon, Washington,

Idaho and Montana and shall have had at least five years' experi- ence in handling such products. * *

* Sec. 6115 (al919). Deputies, inspectors, samplers, and weighers, ap- pointment.—The chief inspector, with the approval of the commis^on,

shall appoint such number of deputies, inspectors, samplers and

weighers as may be necessary to properly and thoroughly inspect

and weigh grain, hay, grain and hay products, potatoes, onions and

other commodities designated herein or such as may hereafter be

designated by resolution of the commission, received or shipped,

and to carry out the provisions of this act. One of such inspectors

in each of the cities as may be designated by the commission as inspection points, shall be styled chief deputy inspector. Such chief

deputy inspectors shall be persons qualified by training and experi- ence for the inspection of the particular commodities which they

are required to inspect. * *

* Sec. 6117 (1917). Interest in grain, grain products, etc., prohibited.

No chief inspector, deputy inspector, sampler or weigher, shall during his term of office, be interested directly or indirectly in the

handling, storing, shipping, purchasing or selling of grain, grain

products, hay or other commodities weighed or sampled.
OBEGON 663

Sec. 6118. Neglect of duty; penalty.—Any inspector, sampler or weigher who shall be guilty of any neglect of duty, or who shall knowingly or carelessly inspect, sample or weigh any grain, grain

products, hay, or other commodities improperly, or who shall directly or indirectly accept any money or other consideration for any neglect

of duty or any improper performance of duty as such inspector,

sampler or weigher or any person, persons, corporation or agent

who shall improperly influence or attempt to improperly influence

any inspector, sampler or weigher in the performance of his duties

of such inspector, sampler or weigher shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than two hundred dollars nor more than one thousand dollars, or imprisonment in the county jail not less than six months, nor more

than one year, or by both sucli fine and imprisonment, in the discretion of the court.

Sec. 6119. Inspection points, how designated.—Such cities and towns

where grain, grain products, haj^, or other commodities are received

in carload lots or by watercraft, may be designated by the commission as inspection points and be provided with State inspection and

weighing: Provided, That the expenditure for the inspection and

weighing at the points designated by the commission shall not

exceed the receipts of fees at such place or places.

Sec. 6120. Chief inspector, deputies, etc., removal of; salaries.—The

chief inspector, his deputies, samplers and weighers, shall be employes of the commission and may be removed for cause at any time

by the commission. They shall be paid in the same manner as other

employes of said conunission.

Sec. 6124 (al919). Fees.—The commission shall fix the fees for

inspection, grading and weighing of grain, hay, grain and hay

products, potatoes and onions, and other commodities included in

the provisions of this act, which fees shall be sufficient to cover the

cost of such service. The fees for the inspection and weighing of

grain and hay shair be a lien upon such grain and hay, and to be

paid by the carrier transporting the same and treated by it as advanced charges. The commission shall so adjust the fees to be

collected under this act as to meet the expenses necessary to carr^' out the provisions hereof, and may prescribe a different scale of

fees for different localities. The commission may also prescribe a reasonable charge for services performed at places other than public

terminal warehouses, in addition to the regular fees, when necessary

to avoid rendering the service at a loss to the State. All moneys

collected under the provisions of this act and all fines and penalties

for violation thereof shall be paid into the State treasury.

Sec. 6125. Control of weighing and grading, who has; appeal; record

of carloads.—The chief inspector, his deputies and weighers, shall at the places provided for State inspection under this act, have exclusive control of the weighing and grading of grain and hay which

shall be inspected under the provisions of this act and the action and

certificate of such inspectors and weighers in the discharge of their

duties, as to all commodities weighed or inspected by them, shall be

conclusive upon all parties interested : Provided, however. An appeal

may be taken to the commission whose decision shall be final. Suitable books and records shall be kept in which shall be entered a faithful and true record of every carload or cargo or part of cargo
664 LAWS CONCEBNING WEIGHTS AND MEASUBES

of grain, grain products, hay and other commodities inspected or weighed by them, showing the number and initial or other designation of the car or boat containing such carload or cargo or part of

cargo, its weight, the kind of grain, grain products, ha}' or other

commodity, and its grade, and if graded standard No. 1 grade

the reason for such grade; if of inferior grade the amount of such

dockage, the amount of fees and forfeitures and disposition of same, and for each car, or cargo or part of cargo of grain, grain products,

hay or other commodity inspected tliey shall give a certificate of

inspection showing the kind and grade of the same and the reason

for all grades below No. 1, the amount to be allowed for dockage,

if an}', the number of sacks, bales, or other parcels thereof, with the

grade or grades and weiglit of same, if requested to do so by con- signor or consignee. They shall also furnish the agent of the rail- road com2:)any or other carrier over which such commodity was

shipped or carried, a certificate showing the weight thereof, if re- quested to do so. Tliey shall also keep a true record of all appeals,

decisions and a complete record of every official act, which books and

records shall be open to inspection by any party in interest.

Sec. 6126 (1917). Official misconduct.—Upon written complaint filed with the commission charging any inspector, sampler or weigher with

official misconduct, inefficiency, incompetency or neglect of duty, the

commission shall investigate such charge, and if it be found sus- tained, shall remove such officer. Sec. 6128 (al919). Grain and hay, inspection and weighing.—AH

grain and hay i-eceived at public terminal warehouses shall be in- spected and weighed, and all grain delivered out of any class A grain

warehouse shall be weiglied by a State inspector and Avhen exported

shall, if requested, be reinspected and graded in like manner and a certificate of grade issued, a reasonable fee to be charged for such

reinspection, said fee to be fixed by the commission. All other grain

and hay received in carload lots, or when shipped by water in lots containing more than thirty tons of grain, or ten tons of hay, at inspection points, not unloaded at a terminal warehouse, shall be

weighed, inspected and graded.

Sec. 6141. Class B warehouse; reqiiirements when grain or hay is received. —-It shall be unlawful for any warehouseman conducting a

class B grain warehouse to receive any grain into his warehouse

without having the same inspected and weighed in by a State grain

inspector, and it shall be the duty of every such warehouseman to, upon request, issue or cause to be issued a receipt for each con- signment of grain received, showing the weight, kind and grade of

such grain, the name of the owner thereof and the date when the same was received, but such receipts shall not be entitled to registration, and grain shall be delivered from such warehouse without

notice from the registrar of warehouse receipts.

Sec. 6142 (1917). Fees; class A grain warehouse.—The fees for

weighing out grain from a class A grain warehouse and for inspecting out grain in case the owner desires inspection out, shall be fixed

by the public service commission of Oregon, and the State grain in- spectors may, when requested so to do by persons desiring grain in- spected out, issue certificates of inspection in accordance with the names of the grains used in the markets to which the grain is to be

shipped.
OBEGO*r 665

Sec. 6149. CarS) opening and weighing.—* * * The chief in- spector, his deputies, weighers or samplers shall break the seal,

weigh and superintend the unloading of all cars of grain or hay

subject to inspection, and it shall be unlawful for any other person

or persons to break the seal or weigh such cars of grain or hay.

Sec. 6150. Railroads to provide suitable track scales; control and in- spection ; terminal warehouse scales.—* * * Such railroad company

[delivering grain or hay in cars at any of the places provided with

State inspection under this act] shall provide at such place or places

as the commission may designate suitable track scales for weighing

cars of grain or hay. Sucli scales shall be under the control of the

chief inspector and his deputies. It shall be the duty of the chief

inspector or his dejnities to require the railroad company to correct

all scales so provided as often as may Ije necessary to insure the

correct weighing of grain or hay. Whenever scales have been in- stalled by any railioad company as above provided, it shall be the

duty of the chief inspector or his deputies to use such scales in

weighing all grain or hay received over the line of such railway:

Provided^ That if any terminal warehouse in inspection cities is provided with proper scales and weighing facilities, the chief in- spector or his deputies may weigh the grain upon the scales so provided.

Sec. 6152. Public scales, owners or operators of may be appointed as State weighmasters ; fees ; monthly report ; not to be interested in storing,

handling, etc. ; rules and regulations.—Owners or operators of public

scales used for weighing grain, hay or other commodities, may be

appointed by the commission as State weighers. Every such scale owner or operator who may be appointed as State weigher shall be

required to give a bond to the State of Oregon in a sum not less than one thousand dollars and to subscribe to the regular oath of

office. They may be authorized by the commission to issue certifi- cates of weight for such commodities as they may weigh. The fees for such service shall be fixed by the commission and may be retained

by the scale owner or operator as compensation for the service per- formed. Such owner or operator shall report to the chief inspector

monthly stating the quantity of all grain and other commodities

weighed and the amount of fees collected therefor. No owner or operator of public scales appointed as State weigher shall, during

his term of office, be interested directly or indirectly in the handling,

storing, shipping, purchasing oi- selling of grain, grain products or hay, or other commodities, included within the provisions of this

act. The commission may prescribe rules and regulations governing weighing of grain, grain products, hay or other commodities by

owners or operators of public scales appointed as State weighers.

Sec. 6153. Unloading grain or hay at unusual hours or working days,

provision for.—When occasions arise where it is deemed advisable to load or unload cars or cargoes of grain or hay outside of the usual

working days or working hours, the proper chief deputy shall provide inspectors and weighers necessary to supervise the inspection

and weighing of such commodities and the commission shall, b)^ rule,

fix a reasonable sum per hour to be paid therefor by the party re- questing such unusual service, which fees shall be in addition to the

regular inspection fees provided for weighing and inspection. All
666 LAWS CONCEBNING WEIGHTS AND MEASURES

moneys collected under the provisions of this section shall be paid

into the State treasury and an amount not exceeding such additional

fees may be paid to the deputy weighers and inspectors by whom

such additional service may be performed.

Sec. 6154 (al919). Shipper's weight and grade conclusive, when.

When grain or hay is shipped to points where inspection is provided

and the grain or hay is unloaded without being inspected or weighed

by a duly authorized deputy grain inspector under the provisions of

this act, the shipper's weight and grade shall be conclusive and final and shall be the weight and grade upon which settlement shall be

made with the seller. Sec. 6155 (1917). Penalty.—Any railroad company or common

carrier or other corporation, and any warehouseman, which shall violate or fail to comply with any provisions of this act, or which fails,

omits or neglects to obey, observe or comply with any order, rule or any direction, demand or requirement of the commission made under

the provisions of this act, shall be subject to a penalty of not to exceed

the sum of one thousand dollars for each and every ofi'ense, and every

such Anolation shall be a separate and distinct offense, and in case of

a continuing violation, every day's continuance thereof shall be and

be deemed to be a separate and distinct offense. Every officer, agent

or employee of any railroad company or common carrier, or other

corporation, or any warehouseman, which shall violate or fail to comply with, or who procures, aids or abets any violation by any

such railroad company or common carrier, or other corporation or warehouseman, of any provision of this act, or who shall fail to obey,

observe or comply with any order of the commission; or any provision of any order of the commission; or who procures, aids or abets

any such railroad company or common carrier, or other corporation,

or any warehousenum, in its failure to obey, observe and comply with

any such order or provision shall be punished upon conviction by a

fine of not more than one thousand dollars or by imprisonment in the

county jail not more than one year or by both fine and imprisonment,

Every person, either individually or acting as an official or agent

of any corporation other than a railroad company, common carrier or warehouseman, who shall violate any provision of this act, or fail to observe or comply with any order made by the commission under

this act, so long as the same shall be or remain in force; or shall procure, aid or abet any such corporation, in its violation of this act, or in its failure to obey, observe or comply with any such order, shall be punished upon conviction by a fine of not more than one thousand

dollars or by imprisonment in the county jail not more than one year, or by both fine and imprisonment.
PENNSYLVANIA

Const., Art. III.

Sec. 27 (1879). Inspection of merchandise.—No State office shall be

continued or created for the inspection or measuring of any merchandise, manufacture, or commodity; but any county or municipality may appoint such officers, when authorized by law.

Stats., 1920, p. 2089.

Sec. 21546 (1911). Bureau of standards; department of internal affairs; legal weights and measures.—The establishment of a bureau of

standards be and is hereby authorized, in the department of internal

atfairs of Pennsylvania, for the purpose of regulating and maintaining a uniform standard of legal weights and measures in this Commonwealth, to conform with the original standards of weights and

measures as adopted by Congress, and verified by the National Bureau

of Standards; and to assist in securing the enforcement of laws

relating to sealers of weights and measures, now in force or that may

hereafter be enacted.

Sec. 21547, as amended by P. L., 1921, Act 414, p. 1119. Chief; duties,

report; testing of weights and measures; right of entry; stopping vehicles;

condemning false weights or measures; destruction of false weights or measures; expenses; salary of chief; deputies; clerical assistance.—That

as soon as practicable after the final passage and approval of this

act, the secretary of internal affairs shall appoint a competent person

to serve as chief of the bureau of standards, whose duty it shall be

to have custody of the State standards of weights and measures;

shall compare, test, and regulate all weights and measures of all city and borough sealers, now in office, or who may hereafter be

appointed, in the Commonwealth of Pennsylvania, with the State

standards when presented at his office for that purpose ; shall certify to their correctness by affixing his official stamp thereto, with his

name and date of examination clearly marked thereon shall preserve

in his office an appropriate record of services rendered and work

performed by him, or under his direction, in pursuance of this act; shall file in his office annual and other reports received from the

local sealers; and shall, on or before the thirtieth day of November

in each year, submit a report in writing to the secretary of internal

affairs, for publication as a separate document in book form, setting

forth, in sufficient detail, the work done in said bureau and the work

reported to him by the local sealers, together with such other matter

relating to that subject as may be deemed of value and interest to the citizens of this Commonwealth. The chief of the bureau of

standards or any of his deputies shall have power to enter into any

county or city, and to test all instruments and devices used in weighing or measuring anything sold or to be sold, including instruments

and devices for weighing of coal mines and seal the same if found

667
668 LAWS CONCERNING WEIGHTS AND MEASURES

to be correct. For the purpose of making such test, the chief of the

bureau of standards or any of his deputies may, at any reasonable

time and without formal warrant, enter upon any premises, and

may, on any public highway, stop any vendor or dealer, or the agent

or servant of any such vendor or dealer, or stop any vehicle used in

delivering any commodity which is weighed or measured as delivered.

They 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 they shall seize any such instrument or device,

they 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. The chief of said bureau of standards shall receive a salary of

four thousand dollars per annum, payable as other employes of

said department are now paid and all necessary expenses incurred

in the discharge of his official duties under this act. The secretary

of internal affairs is authorized to appoint twelve deputies in the

bureau of standards at an annual salary of twenty-five hundred dol1 ars each. Such deputies shall also receive their actual and necessary

expenses incurred in the performance of their duties. The secretai'v of internal affairs may also assign such additional assistance, from

the clerical force of his department, to the work of said bureau

as he may find necessary from time to time.

Sec. 21548 (1911). Standard of weight, length, and capacity; appropriation.—In order to carry this act into effect, it shall be the duty

of the secretary of internal affairs of this Commonwealth to procure,

as soon as practicable after the passage of this act, a complete set of standards of weight, length, and capacity, to be verified by the

Bureau of Standards of the United States Government, and to conform with the standards of weight, length, and capacity established by the National Congress, at a cost not exceeding the sum

of two thousand five hundred dollars, to be paid for on warrant of

the auditor general, out of funds of the State treasury, which sum is hereby specifically appropriated for that purpose, or so much thereof as may be necessary.

Sec. 21549. Rooms.—The board of public grounds and buildings

are hereby required to furnish a suitable room or rooms, in the State

Capitol Building, for the safekeeping and convenient use of said

standards of weights and measures and for office use of said bureau

of standards.

Sec. 21550 ^ (al917). Inspectors; salaries; expenses; how payable; combination; terms; charges; bearing; other service prohibited.—The

mayors of cities of the second and third class, and the several boards

of county commissioners, shall, respectively, appoint one or more

competent persons as inspectors of weights and measures, in the

respective county or city, whose salary shall not be less than one thousand dollars per annum, to be paid out of the respective revenues

of such county or city : Provided^ however^ That the payment of a minimum salary shall not apply to counties having a population of

1 But see Commonwealth., ex i-el. Lowell, i». Hoyt, 254 Pa., p. 45.
PENNSYLVANIA 669

fifteen thousand or less. In addition to the salary provided by

law, the said county and city inspectors shall be entitled to receive

the actual expenses incurred by them personally in performing the

duties of their office ; such as transportation, hotel, livery, telephone,

telegraph, and postal charges, to be paid by the boards of county

commissioners of their respective counties and by the proper, offi- cers of their respective cities, in such jDroportion as may be agreed

upon by said boards of county commissioners and proper officers of cities, on bills itemized and properly sworn to: Provided, however, That nothing in this act shall be construed to prevent two or more counties, or any county and city, from combining the whole

or any part of their districts, as may be agreed upon by the board

of county commissioners and mayors of cities, with one set of standards and one inspector, upon the written consent of the chief of

the bureau of standards : Provided further, In cities of the first class the inspectors shall be appointed by the county commissioners

of the county in which the said city may be located. Any inspector

appointed in pursuance of an agreement for such combination shall,

subject to the terms of his appointment, have the same authority

and duties as if he had been appointed by each of the authorities

who are parties to the agreement. The county and city inspectors

of weights and measures, as appointed by the respective counties

and cities, shall hold their office during good behavior; and shall not be removed, discharged, or reduced in pay or position except

for inefficiency, incapacity, conduct unbecoming employes, or other

just cause, and until the said officials shall have been furnished

with written statements of the reason for such removal, discharge,

or reduction, and shall have been given reasonable time to make

written answer thereto. Nor shall such removal, discharge, or re- duction be made until the charge or charges shall have been examined into and found true in fact by the appointing power of such

county or city, at a hearing,, upon reasonable notice to the person

charged, at which time he may be represented by counsel and offer testimony or witnesses in his own behalf. It shall be unlawful for

any sealer or inspector of weights and measures, or any of his deputies, to perform clerical or other services for the county or city of

their respective districts.

Sec. 21551. Standard tests.—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 con- formity 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 ensure 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 ap- proved by the governor of the Commonwealth.

Sec. 21552. Reports.—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
670 LAWS CONCERNING WEIGHTS AND MEASURES

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 preceeding report, together

with the name of the accused, the title of the court where the prose- cution was instituted, and the result of such prosecution. (5) Such

other matters as the chief may, from time to time, prescribe.

Sec. 21553. Custody of standards; testing; sealing; rights of entry;

seizure.—-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

v/ith such instruments or devices. For the purpose of making such

test, each inspector, at any reasonable time and Avithout 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 com- modity which is weighed or measured as delivered. He may con- demn and mark as condemned, or may seize, any false or illegal in- strument 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. 21555 (1895). New scales, weights and measures to be tested.

Any person or persons purchasing new scales, weights or measures

that do not contain the stamp of the inspector shall, before using

them, notify the inspector of the district and have them tested, and

all scales, weights or measures that cannot be adjusted by the in- spector shall be removed and destroyed.

Sec. 21556, as amended by P. L., 1923, Act No. 409, p. 992. Use of

false or insufficient weights or measures; jurisdiction; penalties; fines to be paid into county treasury; violations by inspectors; misdemeanors; penalty.—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 or insufficient 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, upon conviction thereof in a summary proceeding

before any alderman, magistrate, or justice of the peace of the proper

city or county, 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 of- fense, 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.
PENNSYLVANIA 671

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. All such fines shall be paid to the treasurer of the respective city or county in which the offense was

committed.

It shall be unlawful for any inspector to use any tests or standards, or to attempt to use the same, in ascertaining the correctness or ac- curacy of weights and measures, until such comparisons are made

and their accuracy established and so stamped or marked. It shall be unlawful for any inspector to manufacture, sell, or offer to sell any weighing or measuring device used in the sale of commodities, or

to repair or offer to repair any weighing or measuring device other

than such adjustments as he may find necessary in the performance

of his official duties, for which no fees shall be collected. Any

inspector violating the provisions of this act shall be guilty of a misdemeanor, and, upon conviction therefor, shall be fined not ex- ceeding one thousand ($1,000) dollars, or undergo imprisonment for a period not exceeding one year, or both or either, at the discretion

of the court.

Sec. 21557 (1895). Refusal to allow inspection.—Any person, upon

arrest and conviction before a magistrate or justice of the peace for

refusing to allow his scales, weights and measures to be inspected,

shall be fined ten dollars and costs of court, or be sentenced to imprisonment for a period of not more than ten days.

Sec. 21558. Altering scales, etc., after adjustment.—Any person who

shall, after his scales, weights and measures have been inspected in

accordance with the provisions of the fifth section of this act [section 21555] , alter or cause to be altered his said inspected scales,

weights and measures so that they be decreased in size or amount,

or who shall substitute for said inspected weights and measures any

other weights and measures of smaller size or amount, shall, upon

the arrest and conviction before a magistrate or justice of the peace, be fined not more than twenty dollars and cost of court, and in

default of the payment of such fine and costs shall be imprisoned

for a period not more than ten days.

Sec. 21560 (1850). Penalty for selling by short weight or measure.

Whenever any description of manufactured goods, commonly called

dry goods or groceries, shall be sold by the piece, in packages or by weight, and the said pieces or packages shall be marked or rep- resented to contain a certain number of yards, pounds or ounces, and the same shall be sold as containing that number or weight, when

in fact the said pieces or packages shall contain a less number of

yards, or pounds or ounces, than so represented, the seller or manufacturer thereof shall forfeit and pay to the purchaser a sum equal

to double the value of the quantity or weight found to be deficient, to be recovered by action of debt, in any court of law, or before any

alderman or justice of the peace in this Commonwealth, in the same manner that debts of like amount are now by law recoverable.

Sec. 21561 (1883). Penalty for using false scales, weights, and measures.—^Any person or persons who shall wilfully use and sell by false beams, scales, weights and measures, any article, merchandise, com- modity or thing, shall be guilty of a misdemeanor, and on being

517—27 43
672 lAWS COKCERNING WEIGHTS AND MEASURES

convicted thereof, shall be sentenced to pay a fine not exceeding

two hundred dollars, and to undergo an imprisonment not exceeding

three months, or both, or either, at the discretion of the court.

Sec. 21562 (1850). True meridian to be fixed.—The county conmiissioners of the several counties of this Commonwealth are hereby

authorized and directed, within two years from and after the passage

of this act, to cause to be marked and established on some inalienable

property belonging to the county, or on some such property as the

commissioners of the county may hereafter acquire for that purpose,

at or near the seat of justice of the several counties, a true meridian

line, and a fixed standard measure, of a two or four pole chain, agree- ing with and made after the measure of the standard yard now in the

office of the secretary of the Commonwealth; and the cost whereof

to be paid out of the respective county treasuries.

Sec. 21563. Notice thereof to be given; surveyors to adjust their compasses and chains thereby; true bearings to be noted in surveys.—When

the said true meridian lines, and the measures of the said standard

two or four pole chain, shall have been so marked and established as aforesaid, the said county commissioners shall give public notice

thereof, in one or more newspapers of their respective counties, or

otherwise, for at least three successive weeks ; and it shall be the duty

of every land surveyor in this Commonwealth, after such notice has

been given as aforesaid, in the month of April in each year, to adjust and verify his compass by one of the said meridian lines, and

to ascertain the variation of its needle from the true meridian, and

his chain by one of the said measures of the said standard two or four pole chain. And the said surveyors shall thereafter, in all their returns of surveys, or writings concerning surveys of land,

and lines run by the compass, note the bearings or courses of such

surveys and line so as to show the true, and not the magnetic bearing, together with the date of such survey or tracing of lines. Sec. 21564. Penalty for surveying with unadjusted compass or chain;

penalty.—Any surveyor, after notice given as required by the provisions of this act, who shall neglect or refuse to comply with the

requirements of this act, by making any survey with an unadjusted

compass or chain, he shall, for every such neglect or refusal, pay the

sum of ten dollars, on complaint made by any person interested in

such survey, before the justice of the peace nearest to the tract or

lot of land so surveyed, to be recovered as debts of like amount are by law recoverable; one-half thereof to the person making the

complaint, and the other half to the treasurer of the school district

in which such survey is made, for the use of said district.

Sec. 21565. Duties of commissioners.—^It shall be the duty of the

commissioners of the several counties aforesaid to procure a book

to be kept in their office; and every surveyor, on having adjusted

his chain and compass aforesaid, shall enter therein the A^ariation of

his compass from the true meridian, whether east or west, and the

day on which he adjusted his chain and compass, and shall subscribe his name thereto, for future reference.

Sec. 21566 (1913). Weights and measures; "commodity" defined.

The word " commodity," as used in this act, shall be taken to mean

any tangible personal property sold or offered for sale. Sec. 21567. Manner of sale.—All liquid commodities, when sold in

bulk or from bulk, shall be sold by weight or liquid measure. All
PENNSYLVANIA 673

dry commodities, when sold in bulk or from bulk, shall be sold by

weight, dry measure or numerical count. No dry commodities shall be sold by liquid measure; dry commodities in carload lots may be

sold by weight.

Sec. 21568. Measures shall have bottoms.—It shall be unlawful to use

a measure without a bottom in selling any commodity.

Sec. 21569 (al915). Measures shall be marked as to capacity; bottles or jars for the sale of milk or cream.—It shall be unlawful, in selling

any commodity, to use any measure unless the same shall have

thereon marked in distinct letters and figures the capacity thereof.

If such measure! be of the capacity of one-half bushel or less, or

of one-half gallon or less, it shall be marked in terms of a quart, dry

or liquid measure respectively. If the measure be of the capacity

of over one-half bushel or one-half gallon it shall be marked in

terms of a bushel or gallon, respectively : Provided, That bottles or

jars used for the sale of milk or cream shall be regarded and con- sidered as measures within the meaning of this act, and shall be in

all respects subject to all rules and regulations heretofore or hereafter made by the chief of the Pennsylvania Bureau of Standards as

to reasonable variations and tolerances.

Sec. 21570 (1913). Attempts to defraud.—It shall be unlawful for

any person, firm or corporation, with intent to defraud

(1) To sell, or offer for sale, any commodity on the container of

which is marked any false statement respecting the kind, number,

quantity, weight, or measure of such commodity, or of any part

thereof, or respecting the place or country where such commodity

was manufactured or produced, or respecting the quality or grade of

such commodity.

(2) To orally or otherwise represent that any commodity offered

for sale in bulk, to which no name or trade-mark shall be attached, is the manufacture or production of some other than the actual manufacturer or producer: Provided, That nothing in this act is to be

construed as applying to drugs, medicines, chemicals, or pharmaceutical or proprietary preparations used as medicine, nor to toilet preparations.

Sec. 21571, as amended by Laws, 1925, Act No. 186, p. 325. Weight of bushel.—Whenever any commodity named in this section shall be sold

by the bushel, the bushel shall consist of the number of pounds herein

stated; and wherever sold in the subdivisions of the bushel, the

number of pounds shall consist of the fractional part of the number

of pounds as are herein set forth for the bushel, namely^ : Pounds Pounds

Alfalfa seed Apples

Apples, dried Barley

Beans, dried Beans, castor (shelled) Beets

Blue-grass seed Bran Broom corn seed Buckwheat

60

4525

48

60

46

56

1420

5048

Cabbage

Carrots Cement

Charcoal

Cherries, with stems

Cherries, stemmed..

Chestnuts, hulled Clover seed

Coal, anthracite

Coal, bituminous

Coal, stone

5050

10020

5664

50

60

75

7680

* A slight change has been made in the arrangement of this table for convenience of

reference.
674 LAWS CONCEKNING WEIGHTS AND MEASURES

Pounds Peaches, dried (unpeeled) 33 Peanuts 22

Pears 50

Peas, green (unshelled) 28

Peas, dried 60

Pliims 64

Potatoes 60

Potatoes, sweet : 54 Quinces 48 Rape-seed 50

Raspberries 48 Redtop grass seed 14

Rice, rough 45

Rutabagas 60

Rye 56 Ryemeal 50

Salt (coarse) 85

Salt (ground) 62 Sand 100

Shorts 20

Sorghum-seed 50

Spelt 40

Spinach 12

Strawberries 48 Timothy-grass seed 45 Tomatoes 56 Turnips 56 Walnuts (common) 50 Wheat 60

Pounds Coke 40 Com, shelled 56 Corn, ear (husked) 70 Corn meal 50

Cranberries 32 Cucumbers 48 Currants 40

Flaxseed ^ 56

Gooseberries 40 Grapes 48 Hair (plastering) ^ go Hemp seed 44 Herd's grass 45 Hickory nuts 50 Hominy 60 Horseradish 50 Hungarian grass seed 50

Kaffir corn 56 LentUs 60 Lime 80 Linseed 56 Malt 38 MiUet 50 Oats 32 Onions 50 Onion sets 28 Orchard grass seed 14 Parsnips 50 Peaches 48

Peaches, dried (peeled) 38 Provided, That Ayhen any fruits or vegetables named in this section are sold in Pennsylvania standard containers, which are the original

packages and are filled in accordance with good commercial practices, snch fruits and "\'egetables shall be exempt from the provisions

of this section.

Sec. 21572 (1913). Packages shall be marked.—If in package form,

vhe quantity of the contents shall be plainly and conspicuously

marked on the outside of the package in terms of weight, measure,

or numerical count : Provided, horoever. That reasonable variations

shall be permitted: and tolerances and also exemptions as to small

packages shall be established by rules and regulations made by the

chief of the Pennsylvania bureau of standards.

Sec. 21573. Violations; penalty.—Each person, firm or corporation

that shall violate any of the provisions of this act shall be guilty of

a misdemeanor, and, upon conviction thereof, before any alderman,

magistrate or justice of the peace of the proper county, for first offense shall be fined not more than twenty-five dollars; upon conviction for the second olfense, such person, firm, or corporation shall be fined not less than twenty-five dollars nor more than one hundred

dollars; and, upon conviction for the third and each subsequent

offense, such person, firm, or corporation shall be fined not less than

one hundred dollars nor more than two hundred and fifty dollars.

Sec. 21574. Enforcement.—It shall be the duty of the proper city

and county inspectors of weights and measures to enforce the provisions of this act.

Sec. 21575 (al915). When act takes effect; not applicable to wholesalers, jobbers or commission merchants.—This act shall go into effect

s This is evidently an error, since the usual weight of plastering hair is eight pounds

per bushel.
PENNSYLVANIA 675

the first day of January, one thousand nine hundred and fourteen:

Provided^ however^ That no penalty shall be enforced for any violation of its provisions as to domestic products prepared, or foreign

products imported, prior to eighteen months after its passage; and

further, that this act shall not apply to the marking of the net quantity of the contents on containers or packages handled, sold, or

offered for sale by wholesalers, jobbers or commission merchants.

Sec. 21576 (1917). Packing of apples.—Every closed package con- taining apples grown in the State of Pennsylvania, wliich is sold,

offered, or consigned for sale, packed for sale, or .shipped for sale, shall bear upon the outside of one end, in plain letters or figures, or both, the naiue and address of the person by whose authority

the apples were packed, the true name of the variety therein contained, and the minimum size or numerical count of the fruit in the

package : Provided^ That packages which can not readily be marked

on an exposed end shall be similarly marked in a conspicuous

place. * * * Sec. 21577. Additional marks.^—The marks prescribed by this act may be accompanied by any additional marks which are in accord- ance with the facts, and which are not inconsistent with or do not

in any way obscure the marks required by this act. Apples packed

and branded in accordance with the United States apple-grading

law,* approved August third, one thousand nine hundred and twelve,

shall be exempt from the provisions of this act. Sec. 21584. Enforcement of this act.—The enforcement of this act

shall be vested in the State department of agriculture; and its offi- cers, employes, and agents are authorized to enter upon the premises of any person within this State for the purpose of purchasing

packages of apples and securing evidence of violation of this act; and the said department of agriculture is hereby authoriised to make

such rules and regulations as may be necessaiy for enforcing its provisions.

Public Laws, 1921, Act No. 187, p. 389.

Sec. 1. Weights and measures; definitions; "type "; " standard weights

and measures " ; " use in trade or commerce " ; " person " ; " bureau of standards " ; liability for acts or omission of agents.—That the word

" type," as used in this act, is defined as a class the individual objects

of which are similar one to another in design, construction, size, and

material.

The term " standard weights and measures," as used in this act, is to be construed to include the standards of weights and measures adopted by the United States and the State of Pennsylvania, in ac- cordance with those furnished by the Federal Government under

joint resolutions of Congress, approved June fourteenth, eighteen

hundred and thirty-six and July twenty-seventh, eighteen hundred

and sixty-six, and now recognized and in use throughout the United

States. The term " use in trade or commerce," as used in this act, shall be

construed to include use in buying or selling goods, wares, or merchandise.

The word " person," as used in this act, shall be construed to import both the plural and the singular, as the case demands, and

« p. 19,
676 LAWS CONCERNING WEIGHTS AND MEASURES

shall include corporations, copartnerships, companies, societies, and

associations.

The term "bureau of standards" shall be held to mean imder or by authority of the chief of the Pennsylvania bureau of standards

of the department of internal affairs. When construing or enforcing the provisions of this act, the act, omission, or failure of any

officer, agent, or other person, acting for or employed by any cor- poration, company, society, or association, within the scope of his

employment or office, shall in every case be deemed to be the act, omission, or failure of such corporation, partnership, company, society, or association, as well as that of the person.

Sec. 2, Approval by bureau of standards.—The bureau of standards of

the department of internal affairs is authorized to pass upon each

type of weight and measure and weighing and measuring device

manufactured, offered or exposed for sale or sold or given away,

for the use in trade or commerce, or used in trade or commerce, in

the Commonwealth of Pennsylvania, and to approve or disapprove

of said type. The said bureau shall approve each type of weight

and measure and weighing and measuring device, submitted to it for

approval by any person, if such type is so designed and constructed

that it conforms to, or gives correct results in terms of, standard

weights or measures or in terms of values derived therefrom, and

is reasonably permanent in its indication and adjustment, and does

not facilitate the perpetration of fraud, otherwise the bureau shall disapprove the same.

Sec. 3. Submission for approval.—The submisison of a type may be

by sample or by specifications if, in the best judgment of the bureau,

such specifications are adequate, or in such other manner as may

be prescribed by the rules and regulations promulgated under the

authority of this act. Sec. 4. Certificate of approval; notification of disapproval; hearing;

appeal to secretary of internal affairs ; appeal to common pleas.—When a type of weight or measure or weighing or measuring device is approved, the said bureau shall issue a certificate to this effect to the

person submitting such type. When a type is disapproved, the said

bureau shall notify the person subYnitting the same of its decision,

setting out the reasons therefor, together with such information and

references as may be useful in judging of the propriety of the dis- approval, and shall give such person an opportunity to be heard in

support of his application for approval. The bureau shall then re- consider its decision. If the new decision is adverse to such person,

and he is dissatisfied with the same, he may take an appeal from

this decision to the secretary of internal affairs, who shall examine

the matter, and decide whether the type should be approved or dis- approA^ed. If the person is dissatisfied with the decision of the

secretary of internal affairs, he may appeal to the court of common

pleas of the county of which he is a resident, whose decision shall

be final. Sec. 5. Sale, etc., of unapproved weights and measures; existing

weights and measures; weights and measures intended for use outside of

State.—From and after one year after this act takes effect, it shall be

unlawful for any person to manufacture, offer or expose for sale, or

sell or give away, for use in trade ov com"merce, or to use in trade or
PENNSYLVANIA 677

commerce, any weight or measure or weighing or measuring device

of a type not approved in accordance with the provisions of this act: Provided, however, That in the case of weights and measures and weighing and measuring devices manufactured and ready for

sale or in use in the Commonwealth of Pennsylvania at the time this

section takes effect, no approval of type shall be necessary, and it shall be lawful for any person to offer or expose for sale or sell, for use in trade or comlnerce, or to use in trade or commerce, such

weights and measures and weighing and measuring devices, unless

they do not conform to or give correct results in terms of standard

weights or measures or in terms of values derived therefrom: And

provided further, That the type of a weight or measure or weighing

or measuring device need not be approved if said weight or measure

or weighing or measuring device is intended for shipment outside

the State of Pennsyh ania, but if said weight or measure or weighing

or measuring device shall in fact be sold or offered for sale, for use

in trade or commerce, or used in trade or commerce, in the Commonwealth of Pennsylvania, then this proviso shall not exempt sxich weight or measure or weighing or measuring device fro"m the

operation of any of the provisions of this act.

See. 6. llauiifactTirer's or vendor's guaranty.—^No person shall be

prosecuted under the provisions of this act if he can establish a guaranty, signed by the person from whom the weight or measure

of weighing or measuring device was pui-chased, or otherwise obtained, or from the manufacturer thereof, to the effect that the type

of the same has been approved, if such approval is required by the

provisions of this act, and, if such approval is not required, setting

out this fact, or if he can establish that the weight or measure or weighing or measuring device has been sealed by the local sealer

of weights and measures. The said guaranty, to afford protection,

shall contain the name and address of the guarantor, and, in such

case, said guarantor shall be amenable to the prosecutions, fines, or other penalties which would attach in due course to such person

under the provisions of this act. But in any case where any such

person has actual notice that the type of such weight or measure

or weighing or measuring device has not in fact been approved,

when such approval is required by the provisions of this act. it shall be unlawful, and a violation of the provisions of this act, for

such person thereafter to offer or expose such weight or measure

or weighing or measuring device for sale, or to sell it. for use in

trade or commerce, or to use it in trade or commerce.

Sec. 7. Registration, serial numbers, and description.—The bureau of

standards shall register and give a serial number to each type of

weight or measure or weighing or measuring device submitted and

approved as provided in this act, and shall issue, from time to time,

descriptions of such approved types, giving serial number of each

type, copies of which shall be furnished to all weights and measures officials. Sec. 8. Marking of weights and measures; marking impracticable.

From and after one year after this act takes effect, it shall be unlawfiil to manufacture, offer or expose for sale or sell or give away,

for use in trade or commerce, or to use in trade or commerce, any

weight or measure or weighing or measuring device which does not
678 LAWS CONCERNING WEIGHTS AND MEASUBES

have cast, stamped, etched, or otherwise marked thereon, in such manner as may be prescribed by the rules and regulations authorized by this act, the name of the manufacturer and the serial number of the approved type to which it belongs : Provided^ however.

That, whenever it shall appear to the satisfaction of the bureau of

standards that any type of weight or measure or weighing or measuring device is such as to render it impracticable to mark it as re- quired by this section, the said bureau shall furnish a certificate to that effect to any manufacturer applying for the same, and such

weights and measures and weighing and measuring devices need

not be marked as required by the provisions of this section.

Sec. 9. Marking of unapproved weights and measures; misdemeanor;

penalty.—It shall be unlawful to cast, stamp, etch, or otherwise mark,

upon any weight or measure or weighing or measuring device, the

type of which has not been approved as required by the provisions

of this act, any design or device simulating a serial number required

by the provisions of section seven of this act. Any person who shall violate any of the provisions of this section

shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars, or by

imprisonment for not more than one year, or by both such fine and

imprisonment, in the discretion of the court.

Sec. 10. Parts of weights or measures.—In case any person may

desire to have the type of a part of a weight or measure or weighing

or measuring device separately approved and serialized, and shall apply therefor, and the bureau of standards decides that the part is such that this may properly be done, then such part may be approved

and serialized or disapproved as to type, under the same provisions

and restrictions as are applied to the approval and serialization or the disapproval of a type of weight or measure or Aveighing or measuring device by the provisions of this act. Sec. 11. Marking of weights and measures not intended for use in

trade; marking impracticable.—It shall be conclusively presumed that

. a weight or measure or weighing or measuring device is intended for use in trade or commerce if it is manufactured, offered or exposed

for sale, or sold, for use in the Commonwealth of Pennsylvania, or

is used therein, unless it shall bear a plain, legible, conspicuous, and

permanent statement to this effect "Not legal for trade." It shall

be unlawful to use in trade or commerce any weight or measure or weighing or measuring device which is marked as described above

:

Provided, however, That whenever it shall appear to the satisfacrion

of the bureau of standards that any type of weight or measure or weighing or measuring device is such as to render it impracticable

to mark it as required by this section, or is of such design and construction that it is obviously not intended for use in trade or commerce, the said bureau shall furnish a certificate to that effect to any

manufacturer applying for the same, and such types of weights and

measures and weighing and measuring devices need not be marked

as required by the provisions of this section.

Sec. 12. Rules and regulations.—Rules and regulations for the carry- ing out and enforcement of the provisions of this act, not inconsistent with the provisions thereof, shall be adopted by the bureau

of standards, with the approval of the secretary of internal affairs,

which rules and regulations shall iiiclude reasonable vjiriations or
t*ElCNSyLVANIA 670

tolerances which may be allowed on weights and measures and

weighing and measuring devices included within the provisions of

this act, and also specifications for such weights and measures and

weighing and measuring devices for the guidance of manufacturers

in the design and construction of such weights and measures and

weighing and measuring devices.

See. 13. Sealing- of weights and measures ; effect of approval of type.

Inspectors of weights and measures of the Commonwealth of Pennsylvania and of the several counties and cities of the Commonwealth

of Pennsylvania may seal, for use in trade or commerce, all weights

and measures and M^eighing and measuring devices, the type of which

lias been approved as required by the provisions of this act or

specifically exempted from the necessity of approval by the provisions of this act, when they find that the same are within the toler- ances prescribed under the rules and regulations: Provided, hoviever,

That this shall not be construed as meaning that the approval of a type shall be taken as evidence of the correctness of any individual

weight or measure or weighing or measuring device of that type, or prevent any such inspector of weights and measures from prohibiting the use of or confiscating any individual weight or measure

or weighing or measuring device which is found to be inaccurate

or otherwise defective or unlawfully used.

Sec. 14. Violations; jurisdiction; penalty.—Any person, copartnership, association, or corporation who or which shall violate any

provision of this act shall, upon conviction thereof in a summary

proceding before any alderman, magistrate, or justice of the peace

of the proper county or city, be punished for the first offense by a

fine of not more than twenty-five dollars; and, upon conviction of

the second offense, by a fine of not less than twenty-five dollars noi' more than one hundred dollars; and, upon conviction for the third

and each subsequent offense, by a fine of not less than one hundred

dollars nor more than two hundred and fifty dollars. In default

of the payment of any fine as aforesaid, any person convicted shall be sentenced to serve one day in jail of the proper county for each

dollar of the fine or costs.

Sec. 15. Enforcement.—It shall be the duty of the chief of the

bureau of standards and liis deputies and the inspectors of weights

and measures of the several counties and cities who shall find satis- factory evidence of any violation of the provisions of this act to cause appropriate proceedings to be commenced and prosecuted,

without delay, for the enforcement of the penalties as in such case herein provided: Provided, however, That no action or prosecution

shall be brought against any person for any violation of this act unless the same is commenced within one year after the offense is committed.

Stats., 1920, p. 165.

Sec. 1684 (al915). Powers vested in corporate officers.—The powers

of the borough shall be vested in tlie corporate officers. They shall

have power

Sec. 1711. To regulate the scales, weights and measures.—To regulate

the scales, weights, and measures, according to the standard of the

Commonwealth; to provide for the confiscation of false weights
680 LAWS CONCERNING WEIGHTS AND MEASUBES

and measures, and to regulute the inspection and measurement, or weight, of articles offered for sale in the borough.

Stats., 1920, p. 355.

See. 3844 (1901). Municipal corporations, second class, corporate

powers of; to regulate the weighing and measuring of commodities; sale of hay, coal, and wood.—To regulate the weighing and measuring of

every commodity sold in the city, in all cases not otherwise provided by law ; to provide for and regulate the inspection and weighing of hay, grain and coal, and the measuring of wood and fuel, to be used in the city, and to designate the place or places of the same; and to regulate and prescribe the place or places for exposing for sale hay, coal and wood, and to demand and receive reasonable fees for inspection, v.'eighing and measuring, as aforesaid, and

for the regulation and stamping of \\eights and measures.

Sec. 4218 (al913). Municipal corporations, third class, corporate

powers of; to regulate weighing and measuring commodities.—To regulate the weighing and measuring of every commodity sold in the

city, in all cases not otherwise provided ior by law, including the

measuring of gas, water, and electric current; to provide for and

regulate the inspection and weighing of hay, grain and coal, and the

measuring of wood, bark and fuel, to be used in the city, and to designate the place or places of inspecting and weighing the same; and to regulate and prescribe the place or places for exposing for

sale hay, coal, bark, and wood; and to demand and receive reasonable fees for inspection, weighing, and measuring, as aforesaid;

and for the regulation and stamping of weights and measures, and

the regulation and inspection of gas, water, and electric current

meters, and other meters.

Stats., 1920, p. 18.

Sec. 193, as amended by P. L.. 1923, Act 207, p. 321. Standards and

classification of farm products; standards for receptacles; marks upon

receptacles; canned farm products; congressional requirements.—After

investigation and public hearing, and with the approval of the

secretary of agriculture, the bureau may, from time to time, as far

as practicable, establish and promulgate standards for the grade

and other classification of farm products; and, in cooperation with

the bureau of standards of the department of internal affairs, the

bureau may establish and promulgate standards for receptacles for

farm products, by which their quality, value, or quantity may be

determined, and may make regulations governing the marks, brands,

and labels, which may be required upon receptacles for farm products for the purpose of showing the name and address of the producer or packer or distributor, the quantity, nature, and quality of

the product, or any of them, and for the purpose of preventing

deception with reference thereto. The provisions of this paragraph

shall not applj'^ to canned farm products.

Any standard for any farm product, or any standard for any

receptacle for farm products, or any requirement for marking receptacles for farm products, now or hereafter made mandatory imder

authority of the Congress of the United States, shall forthwith, as far as applicable, be established or prescribed and promulgated by

the bureau as the official standard or requirement in this State.
fENNSYLVANlA 681

No standard established, or requirement for marking prescribed

under this section, shall become effective until the expiration of not

less than six months after it shall have been promulgated.

Sec, 194, as amended by P. L., 1923, Act 207, p. 321. Selling of farm

products which do not conform to standard ; rules and regulations ; manufacture or sale, etc., of receptacles which do not conform to standard ; rules and regfulations ; sale, etc., of farm products in receptacles not properly

marked; investigations and tests; procuring samples.—Whenever any

standard for the grade or other classification of any farm product

becomes effective under this act, no person thereafter sliall pack foj

sale, offer for sale, consign for sale, or sell any such farm product,

grown, manufactured, or prepared within this State, to which such

standard is applicable, unless it conform to such standard, subject

to such variations therefrom as may be allowed in the rules and

regulations made under this act, except that any such farm product

may be packed, offered, or consigned for sale, or sold, without con- forming to the standard for the grade or other classification applicable thereto, if the product or the package containing it is not

described, marked, or labeled in such a way as to indicate, or to appear upon ordinary observation, that the product conforms to the

standard.

The director is authorized to make such rules and regulations

under this act as may be deemed necessary to prevent deception with

reference to any standards made effective imder the act, except as

it applies to standard receptacles for farm products.

Whenever any standard for a receptacle for farm products be- comes effective under this act, no person thereafter shall manufacture for sale or shipment, sell, offer for sale, consign for sale, or ship

any receptacle, either filled or unfilled, to which the standard is applicable, unless the receptacle conform to the standard, subject

to such variations therefrom as may be allowed in the regulations

made under this act. The bureau of markets and the bureau of

standards of the department of internal affairs, by their joint action, are authorized to make such rules and regulations under this act as may be deemed necessary to enforce the provisions of this section

relating to standard receptacles for farm products.

Whenever any requirement for the marking, branding, or labeling

of a receptacle for farm products becomes effective under this act, no person thereafter shall pack for sale, offer for sale, consign for

sale, or sell and deliver farm products in a receptacle to which such

requirement is applicable, unless the receptacle be marked, branded,

or labeled according to such requirement, or unless such product be

brought from outside the State and offered for sale, consigned for

sale, or sold in the original package.

The director is authorized, at any time, to cause such investigations, classifications, and tests to be made, and such certificates to be

issued, and, upon payment or tender of payment of the market value

thereof, to cause such samples to be taken as he may deem necessary

to enforce the provisions of this section.

Sec, 200 (1919). Right of entry.—In carrying out the provisions of

this act, the director, his employees, or agents, are authorized to enter, on any business day during the usual hours of business, any store- house, warehouse, cold-storage plant, packing houses, stockyard,
682 LAWS COl>fCEBlSriNG WEIGHTS AND MEASUEES

railroad yard, railroad car, or any other building or place where

farm products are kept or stored by any person engaged in marketing.

Sic. 201. Compulsory attendance of persons from whom reports have

been requested; oaths; production of books, etc.—In carrying out the

provisions of this act, the director, or his employes designated

by him for the purpose, may require the attendance before him or any of them of any person from whom reports have been requested

or of any employe of such person, may administer oaths to and take

testimony of any such person or his employe, and may require

the production by such persons or their employees of any books,

records, and other documentary evidence relating to the farm product

about which reports have been requested.

Sec. 202. Violations; misdemeanor.—Any person who violates any

provisions of this act or of the regulations made imder this act for

carrying out said j)rovisions ; or who fails or refuses to comply with,

or, with intent to deceive, answers or reports falsely in response to. any requirements of this act; or who wilfully interferes with the

director, his employes, or agents in the execution or on account of the

execution of his or their duties prescribed in this act, shall be

guilty of a misdemeanor.

Sec. 203. Segulations.—Siibject to the 'approval of the secretary of

agriculture, the director is authorized to make and promulgate such

regulations as may be necessary to carry out the provisions of

this act.

Sec. 204, as amended by P. L., 1923, Act No. 207, p. 321. Violations;

prosecution; penalties; violation in regard to receptacles; prosecution.

Any person violating, or failing or refusing to comply with, any of

the provisions of this act, or, with intent to deceive, answers or

reports falsely in response to any of the requirements of this act, or who willfully interferes with the director, his employees or agents,

in the execution, or on account of the execution, of his or their duties

prescribed in this act, shall be prosecuted in a summary proceeding

before any alderman, magistrate, or justice of the peace of the proper

city or county, and, upon being convicted thereof, shall be punished

for the first offense by a fine of not more than twenty-five dollars, and

upon conviction of the second offense by a fine of not less than

twenty-five dollars nor more than one hundred dollars, and upon

conviction of the third and each subsequent offense by a fine of not

less than one hundred dollars nor more than five hundred dollars. In default of the payment of any fine, as aforesaid, any person convicted shall be sentenced to serve one day in the jail of the proper

county for each dollar of the fine and costs. Any violations of the provisions of this act relating to standard

receptacles for farm products, which may be established as herein

provided for, shall be prosecuted in a summary proceeding before

any alderman, magistrate or justice of the peace of the proper city or county by the inspectors of weights and measures of the respective

cities and counties and the chief of the bureau of standards of the

department of internal affairs and his deputies.

Public Laws, 1925, Act No. 20, p. 34.

Sec. 1. Unlawful to sell oysters except by count.—That it shall be

unlawful for any person, copartnership, association, or corporation,
PENNSYLVANIA 683

or his, her, or its servants, agents, or employees, to sell oysters at

retail, in any manner whatsoever, except by numerical count : Provided^ however^ That this act shall not apply to oysters sold at retail when in unopened, sealed, original containers in which they are shipped in interstate commerce.

Sec. 2, Violation of act a misdemeanor ; penalty.—Any pei-son, copartnership, association, or corporation violating any of the provisions

of this act shall be guilty of a misdemeanor, and upon conviction

thereof shall be sentenced to pay a fine of not less than twenty-five

($25) dollars, nor more than one hundred ($100) dollars, or, in the

case of individuals, to undergo an imprisonment of not less than (30)

days, nor more than sixty (60) days, or both.

Sec. 3. Enforcement of act.—The department of agriculture shall be

charged with the enforcement of this act.

Sec. 4. Fines, disposition of.—All fines imposed and recovered for

the violation of any of the provisions of this act shall be paid to the

department of agriculture or its agent, and when so collected and

paid shall thereafter be, by the department of agriculture, paid into

the State treasury for the use of the Commonwealth.

Public laws, 1925, Act. No. 152, p. 229.

Sec. 6. Label for paint must show name of manufacturer.—The label required by this act shall clearly and distinctly state the name and

residence of the manufacturer of the paint, putty, or naval stores, or of the distributor thereof, or of the party for whom same is manufactured. Such label shall be printed in plain, legible type, and so far as possible common English words shall be used instead of technical terms.

Sec. 7. Label must show weight or measure.—The label on all liquid or mixed paint shall show the net measure of the contents of the

container; and on all paste and semipaste paint sold by weight, the net weight of the contents of the package ; or if sold by measure, the

net measure of such contents.

Sec. 10. Possession of improperly marked articles prima facie evidence

of violation of act.—-The having in possession of by any person, firm, or corporation dealing therein, of any of the articles hereinbefore

described and improperly marked or not correctly labeled, as provided in this act, shall be considered prima facie evidence that the same are kept by such person, firm, or corporation in violation of

the provisions of this act. Sec. 11. Enforcement.—The department of agriculture of the Commonwealth is hereby charged with the enforcement of the provisions

of this act.

Sec. 12. Access to buildings and power to open packages.—The department of agriculture, by its assistants, experts, chemists, and agents,

shall have access to all places of business, stores, and buildings used

for the sale of paint, putt}^, and naval stores, as hereinbefore defined, or anj' substitute therefor, and shall have power and authority to open any package, can, jar, tub, or other receptacle containing articles subject to the provisions of this act, which may there be sold, offered or kept for sale, for the purpose of obtaining samples for chemical

analysis or examination, and to determine whether or not any of the

provisions of this act have been violated.
684 LAWS CONCERNING WEIGHTS AND MEASURES

Sec. 13. Violation a misdemeanor.—Any person, firm, or corporation, or violator of any of the provisions of this act, or assisting or taking

part in the violation of any of said provisions, shall be guilty

of a misdemeanor, and upon conviction thereof shall be punished for

each offense by a fine of not less than twenty-five dollars nor more

than one hunchred dollars.

Stats., 1920, p. 2089.

Sec. 21540 (1834). Denominations; linear measure.—The denominations of linear measure of this Commonwealth, whereof the yard as heretofore provided is the standard unit, with the relations thereof,

shall be as follows

Twelve inches make one foot. Three feet make one yard.

Five and a half yards make one rod, pole or perch.

Forty rods make one furlong.

Eight furlongs make one mile.

Sec. 21541. Of superficial measure; perch; rood; acre.—The denominations of superficial measure of this Commonwealth, whereof the

square of the linear yard, as heretofore provided, is the standard

unit, with the relations to said standard and to each other shall be : Thirty and one-fourth square yards make one pole or perch.

Forty square poles make one rood.

Four square roods make one acre. Six hundred and forty acres make one square mile.

Sec. 21542. Liquid measure; gill; quart; gallon; barrel; hogshead;

pipe; tun.—The denominations of liquid measure of this Commonwealth, whereof the gallon as heretofore provided is the standard

unit, Avitli the relations to said unit and to each other, shall be

Four gills make one pint.

Two pints make one quart.

Four quarts make one gallon.

Thirty-one and a half gallons make one barrel. Two barrels make one hogshead.

Two hogsheads make one pipe.

Two pipes make one tun.

See. 21543. Dry measure; bushel; peck.—The denominations of dry measure of this Commonwealth, whereof the bushel as heretofore

provided is the standard unit, with the relations to said standard

and to each other, shall be

Four pecks make one bushel.

And the minor divisions of the peck shall be its aliquot parts:

Provided^ That the form of the dry measure shall be conical; that

the diameter of the circle of the top of the measure shall be not

less than one-twentieth greater than the diameter of the bottom of

the measure, and the height not more than nine twelfths of thp

diameter of the bottom.

Sec. 21544. Troy weight; pennyweight; ounce; pound.—The denominations of weight of this Commonwealth, whereof the troy pound

as heretofore provided is the standard unit, with the relations thereof to said standard and to each other, shall be

Twenty-four grains make one pennyweight.

Twenty pennyweights make one ounce. Twelve ounces make one pound.
PENNSYLVANIA 685

Sec. 21545. Avoirdupois weight; ounce; pound; quarter; hundredwreight; ton.—The denominations of weight of this Commonwealth,

whereof the pound avoirdupois as heretofore provided is the standard unit, with the relations to said pound and to each other, shall be

Sixteen drams make one ounce. Sixteen ounces make one pound.

Twenty-five pounds make one quarter.

Four quarters make one hundred.

Twenty hundreds make one ton.

Sec. 21585 (1891). Weight of a cord of bark.—From and after the

passage of this act, the standard weight of a cord of hemlock, oak or other bark, when sold by the cord or ton, shall be two thousand

poimds for each and every cord, and two thousand pounds for each

and every ton.

Sec. 21586 (1797). Bread to be sold by weight; penalty.—All loaf

bread made for sale within this Commonwealth, shall be sold by the

pound avoirdupois; and every baker or other person offering the same for sale shall keep at his or her house, or at such other place

at which he or she shall at any time offer or expose for sale any

bread, sufficient scales and weights, lawfully regulated, for the purpose of weighing the same; and if any baker or other person shall

sell or offer for sale any loaf bread, in any other manner, the contract respecting the same shall be void; and the person offending against «. this act shall, on conviction, forfeit and pay the sum of ten dollars

for every such offense, one-half to the use of the informer, and the

other half to the use of this Commonwealth; and it shall be the

especial duty of the clerk of the market, in any place where such an officer is appointed, to discover and prosecute all persons offending against this act.

Sec. 21589 (1878). Weight of bituminous coal.—The standard weight

of bituminous coal, in this Commonwealth, shall be seventy-six

poimds to the bushel, and two thousand pounds shall be one ton.

Sec. 21590. Penalty for violation.—If any person or persons, en- gaged in the business of mining bituminous coal, shall fix or establish, or shall attempt to fix or establish, any other number of pounds,

by agreement of contract, to be a bushel of bituminous coal, than as

is provided for in the first section of this act, such person or persons

shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not less than five hundred and not ex- ceeding one thousand dollars, and all penalties recovered under this act shall be paid into the treasury of the State.

Sec. 21598 (1895). 2,240 pounds avoirdupois to make a ton of anthracite coal.—On and after the first day of July, Anno Domini one thousand eight hundred and ninety-five, two thousand two hundred

and forty pounds avoirdupois shall make and constitute a legal ton of

anthracite coal throughout this Commonwealth in all transactions

between retail coal dealers and their customers.

Sec. 21599. Selling less for a ton; tolerance.—Any person, firm or corporation guilty of violating the provisions of section one of this act whereby it is attempted to sell less than two thousand two hundred and forty pounds to a ton, or a proper proportion thereof to quantities less than a ton, shall, upon conviction thereof before any

justice of the peace or alderman, after hearing on complaint made,

shall be liable to a penalty not exceeding fifty dollars, recoverable
686 LAWS CONCERNING WEIGHTS AND MEASURES

as like penalties are within this Commonwealth : Provided, That in

all cases forty pounds shall be allowed for the variation in scales.

Sec. 21600. Fines.—All fines recovered under this act shall be paid

to the treasurer of the county wherein the action is brought.

Sec. 21601 (1911). Cities of the first class; sale of anthracite; delivery

ticket; violations; penalty.—In all cities of the first class throughout

this Commonwealth, in the sale of anthracite coal by retail, every

cart, wagon, or other vehicle used in delivering such coal shall be ac- companied by a delivery ticket for the purchaser, which shall state clearly the quantity of coal contained therein, the name of the purchaser or delivery address, name of the dealer by whom sold and

delivered, and the name of the driver in charge.

Any person, firm, or corporation who shall violate the provisions of this section, shall, on complaint of purchaser, be liable to a penalty not exceeding fifty dollars ($50.00), to be collected by summons issued before any justice of the peace or magistrate, the

action to be brought in the name of the city where the offense is committed, and said penalty shall be paid into the city treasury.

Sec. 21602 (al913). Petition; public scales; official public weighmaster; fee; index.—Upon the petition of any twenty-five reputable

citizens, in any city of the first class in this Commonwealth, it shall, at any time hereafter, be lawful for the court of quarter sessions, the

- territorial jurisdiction of which includes such city, to designate, by

order or decree, as public scales such stationary scales as may be

recommended, provided, or located by such petitioners, with the consent of owner or lessee of same, to whom the court shall issue a certificate as an official public weighmaster, and a sign, as such, shall be conspicuously displayed on the premises. The said appointment

as such official weighmaster is to continue, with all its privileges,

duties, and obligations, till revoked by the court on petition of such

weighmaster, or on other cause shown on petition to the court,

signed by ten reputable citizens living in said city. Such weighstations may be located in different parts of such cities, and in such

convenient number and locality as shall be proper and necessary for

the convenient weighing of coal. Such weighmaster, or his agent,

for whom he shall be responsible, shall be in attendance at such

scales, and shall be entitled to charge a fee of thirty cents ($0.30)

per load of coal weighed; empty vehicles returning to such scales after delivery of the coal so weighed shall be reweighed without further charge. An index of all scales so designated shall be kept for

public inspection in the office of the clerk of the court of quarter

sessions.

Sec. 21603 (1911). Bond of weighmaster; conditions.—Every weighmaster of such scales, so designated, shall execute a bond payable

to the city in which such scales are situate, in the sum of one thousand dollars (1,000.00), with one or more sufficient sureties to be

approved by the court, conditioned that said scale shall be tested by

a competent scale maker at least once every three months, and be

kept at all times in condition to properly and accurately register

the weight of coal ; and, further, that the weighmaster provided for

such scales will perform his duties honestly and faithfully, and will

furnish correct certificates to all persons having coal or coal con- veyances, aforesaid, weighed at such scales. Upon proof that any of

the conditions of any such bond have not been complied with, or have
PENNSYLVANIA 687

been violated, the city to which such bond is given may recover the

amount thereof in proper action.

Sec. 21604. Scale book; entries; official record; certificate as evidence.

Each weighmaster of scales thus designated as weigh-stations, as aforesaid, shall keep a book, in which shall be accurately entered,

in ink, a memorandum of every load of coal weighed at such scales

showing the name of the person, firm, or corporation delivering

said coal, and the name of the driver, or other person in charge of

such delivery ; the net weight thereof, as shown by the delivery ticket

herein provided for, furnished by such person, firm, or corporation,

the name of the purchaser thereof; the gross and net weight of the

coal so weighed; the name of the weighmaster or his agent weighing

the same, and the date of weighing. Said book shall be an official record, and all certificates delivered by such weighmasters or their

agents shall be copies of the entries contained therein, and shall be

received in all the courts of this Commonwealth as evidence of the

facts therein required to be certified or entered. It shall be the

duty of the county commissioners of such counties to provide all

official weighmasters with blank books and certificates prepared in

conformity with the provisions of this act, but each weighmaster

must provide his own books and certificates when not supplied by

the county commissioners.

Sec. 21605. False weighing or certification; penalty.—Any weighmaster of such scales, or any agent or representative of such weighmaster, who shall be guilty of, or in any manner engaged or con- cerned in, any false or fraudulent weighing of coal at such scales, or who shall give any false or fraudulent certificate of the weight of

coal at such scales, shall be deemed guilty of a misdemeanor, and

upon conviction thereof shall be punished by a fine not exceeding

five hundred dollars ($500.00), -or by imprisonment not exceeding- one year, or both.

Sec. 21606. Rights of purchaser; weighing of coal; weighing of ve- hicle; certificate; cartage; refusal of seller.—It shall be the privilege or right of any purchaser of anthracite coal, delivered by cart, wagon, or other vehicle, in any of the cities of the first class of this

Commonwealth, before accepting the same, to have all of said coal or any load of it weighed, at his expense, at any of the weigh-stations

designated under the provisions of section two of this act, provided,

such weigh-station is located within ten city blocks of the place of

loading or of the place of delivery of said coal ; and may require that

any cart, wagon, or conveyance, aforesaid, containing coal intended

to be delivered to him, shall be taken by the driver or other person

in charge thereof immediately and directly to such scales, for the

purpose of having the same weighed; and, after the delivery of

such coal, said purchaser may also require that the cart, wagon, or conveyance, aforesaid, in which said coal is delivered, shall be taken

by the driver or person in charge thereof immediately back to said

weigh-station, by the most direct route and without unnecessarily

stopping on the way, to be weighed at the expense of such purchaser

and a certificate of the weight of such coal, so weighed as aforesaid,

shall thereupon be furnished to the purchaser of said coal by the

weigh-master, or his representative at such scales, at which such

coal was so weighed, and a duplicate of said certificate shall there517—27 44
688 LAWS CONCERNING WEIGHTS AND MEASURES

upon be forwarded, at the expense of the weigh-master of such scales, to the person, firm, or corporation delivering said coal : Provided,

That whenever coal is to be so weighed, such purchaser must allow

the driver in charge thereof reasonable opportunity to notify the

person, firm, or corporation selling said coal, so that such person,

firm, or corporation, or a representative thereofj may be present at the weighing, should they so desire : Provided also, however, That

no purchaser shall avail himself of the privileges of this act, in

providing for the weighing of his coal, unless he shall have first tendered to the person in charge of the delivery the sum of fifty cents ($.50) for each ton of coal to be weighed, as compensation for

cartage for his employer : Provided also, That this method of weighing shall not be binding on any purchaser of coal if he shall nat

deem it convenient, satisfactory, or expeditious.

Sec. 21607. Penalty; police powers; refusal of driver; penalty.—The

refusal of the seller of the coal to allow the same to be weighed, as provided by this act, shall render the person, firm, or corporation

selling the said coal liable to a payment of a penalty of fifty dollars

($50.00), which may be recovered by civil action, brought in the

name of the citj wherein such act occurs, before any justice of the

peace or magistrate; and which penalty, as well as the amount or amounts which may be collected on the bonds, under section three of

this act shall when collected be paid into the treasury of said city.

Any police officer or constable of any city of the fii'st class, when

called upon, shall have power without warrant to arrest any driver or other person, charged with the delivery of coal as aforesaid, who

shall refuse to take such coal to the scales and permit the same, or the wagon, cart, or conveyance aforesaid, to be weighed in accordance

with the provisions of section six of this act; and such driver or other person so arrested, shall be subject to a fine or penalty of five dollars ($5.00), to be collected by summary conviction before any

magistrate or justice of the peace, and when collected to be paid into

the city treasury, and in default of payment, such person so convicted may be committed by said justice of the peace or magistrate

to the county prison, for a term not exceeding five days.

Sec. 21608. Docket.—Each and every magistrate or justice of the

peace in cities of the first class shall keep a docket, in which shall be

entered a full and complete record of the proceedings had before

him for the violation of any of the provisions of this act.

Sec. 21641 (1901). Correct weight to be marked.—Hereafter all baled

hay and straw shall be properly bound with wire, rope or other

material to hold it in bundle, and the correct weight shall be plainly

marked on each bale.

Sec. 21642. Weight of baling material.—The wood or other material

used in baling cut hay shall not exceed in weight eight per centum

of the weight of the entire bundle, and no wood, except for a marking block, shall be used in baling long hay or straw.

Sec. 21643. Certain acts misdemeanor.—Any person who shall mark

a bale of hay or straw higher than its actual weight, or who sliall use more than eight per centum of its weight of wood or other material to hold it in bundle, shall be guilty of a misdemeanor, and on

conviction thereof shall be fined not less than twenty-five dollars nor more than one hundred dollars, in the discretion of thd court before

whom conviction may be secured.
PENNSYLVANIA 689

. Sec. 21644 (1876). Penalty for fraud in baling hay and straw; penalty.—Any person or persons within this Commonwealth who shall

sell, or cause to be sold or exchanged, in any manner whatsoever,

baled hay, straw or other material of a like nature, by weight, and

shall include in the weight of said baled hay, straw or other sub- stance of a similar nature, any concealed or exposed matter, for the

purpose of increasing the weight, shall be deemed guilty of a misdemeanor; and on being convicted thereof, shall be fined not ex- ceeding one hundred dollars, and imprisoned not exceeding six

months, either or both, at the discretion of the court.

Sec. 21650 (1919). Dealers in milk and cream; use of standard Babcock

testing glassware.—Every person, firm, company, association, cor poration, or agent thereof, engaged in the business of buying milk oi cream on the basis of, or in any manner with reference to, the amount

or percentage of butterfat contained therein, as determined by the

Babcock test," shall use standard " Babcock " bottles, pipettes, and

weights, as defined in section two of this act. All such Babcock test

bottles, pipettes, and weights, so used, shall have been inspected for

accuracy by the bureau of standards of Pennsylvania or its proper

officer or agent, and shall be legibly and indelibly marked, by the

said bureau of standards or its inspectors of weights and measures, with the letters " S. G. P." (Standard Glassware Pennsylvania),

and no Babcock bottle, pipette, or weight shall be used for such test unless so examined and marked by the said inspectors of weights and

measures. It shall be unlawful for any person, persons, firm or company, association, corporation, or any agents, to use any other than

standard test bottles, pipettes, and weights, which have been ex- amined and marked as provided in this section, to determine the

amount of fat in milk or cream bought on the butterfat basis as determined by the Babcock test. Sec. 21651, as amended by P. L., 1921, Act 152, p. 300. Standard Babcock testing of glassware.—The term " Standard Babcock testing glass- ware " shall apply to glassware and weights complying with the fol- lowing specifications

(a) Standard milk test bottles. Graduation: The total per centum graduation shall be eight.

The graduated portion of the neck shall have a length of not less than

sixty-three and five-tenths millimeters (two and one-half inches).

The graduations shall represent whole per centum, five-tenths per

centum, and tenths per centum. The tenths per centum graduation

shall not be less than three millimeters in length ; the five-tenths per

centum graduations shall be one millimeter longer than the tenths per

centum graduations, projecting one millimeter to the left; the whole

per centum graduations shall extend at least one-half way around the

neck to the right and projecting two millimeters to the left of the

tenths per centum graduations. Each per centum graduation shall be

numbered, the number being placed on the left of the scale. The

error at any point of the scale shall not exceed one-tenth per centum.

Neck: The neck shall be cylindrical, and the cylindrical shape

shall extend for at least five millimeters below the lowest and above

the highest graduation mark. The toj) of the neck shall be flared to a diameter of not less than ten millimeters.

Bulb : The capacity of the bulb up to the junction of the neck

shall not be less than forty-five cubic centimeters. The shape of the
690 LA-WS CONCEEITING WEIGHTS AND MEASURES

bulb may be either cylindrical, or conical with the smallest diameter

at the bottom. If cylindrical, the outside diameter shall be between

thirty-four and thirty-six millimeters; if conical the outside diameter of the base shall be between thirty-one and thirty-three milli- meters, and the maximum diameter between thirty-five and thirty- seven millimeters.

The charge of the bottle shall be eighteen grams.

The total height of the bottle shall be between one hundred and

fifty and one hundred and sixty-fi\e millimeters (five and seven- eighths and six and one-half inches).

(6) Standard cream test bottles. Three types of bottles shall be accepted as standard cream test bottles : A fifty per centum, nine gram, short-neck bottle ; a fifty per

centum nine gram, long-neck bottle ; and a fifty per centum, eighteen

gram, long-neck bottle. Fifty per centum, nine gram, short-neck bottles:

Graduations : The total per centum graduation shall be fifty. The

graduated portion of the neck shall have a length of not less than

sixty-three and five-tenths millimeters (two and one-half inches).

The graduation shall represent five per centum, one per centum, and

five-tenths per centum. The five per centum graduations shall extend at least half Avay around the neck to the right. The five- tenths per centiun graduations shall be at least three millimeters in

length, and the one per centum graduations shall have a length inter- mediate between the five per centum and the five-tenths per centum

graduations. Each five per centum graduation shall be numbered,

the number being placed on the left of the scale. The error at any

]Doint of the scale shall not exceed five-tenths per centum.

Neck : The neck shall be cylindrical and the cylindrical shape

shall extend at least five millimeters below the lowest, and five millimeters above the highest graduation mark. The top of the

neck shall be fiared to a diametei- of not less than ten millimeters.

Bulb: The capacity of the bulb up to the junction of the neck

shall not be less than forty-five cubic centimeters. The shape of

the bulb may be either cylindrical, or conical with the smallest

diameter at the bottom. If cylindrical, the outside diameter shall be between thirty-four and tliirty-six millimeters; if conical, the

outside diameter of the base shall be between thirty-one and thirtythree millimeters, and the maximum diameter between thirt5^-five and thirty-seven millimeters.

The charge of the bottle shall be nine grams. All bottles shall bear on top of the neck, above the graduations, in plainly legible

characters a mark defining the Aveight of the charge to be used

(nine grams).

The total height of the bottle shall be between one hundred and

fifty and one hundred and sixty-five millimeters (five and seven- eighths and six and one-half inches), same as standard milk test bottles. Fifty per centum, nine gram, long-neck bottles. The same specifications in every detail as specified for the fifty

per centum, nine gram, short-neck bottle, shall apply for the longneck bottle, with the exception, however, the total height of this

bottle shall be between two hundred and ten and two hundred and
PENNSYLVANIA 691

thirty-five millimeters (eight and one-fourth and eight and seven- eighths inches), and that the total length of the gradiiation shall not be less than one hundred and twenty millimeters.

Fifty per centum, eighteen gram, long-neck bottles

The same specification in every detail as specified for the fifty per

centum, nine gram, long-neck bottles, except that the charge of the

bottle shall be eighteen grams. All bottles shall bear, on the top of

the neck, above the graduation, in plainly legible characters, a mai'k

defining the weight of the charge to be used (eighteen grams).

(c) The standard Babcock pipette.

Total length of pipette, not more than three bundled and thirty

millimeters (thirteen and one-fourth inches). Outside diameter of

suction tube, six to eight millimeters. Length of suction tube, one

hundi'ed and thirty millimeters. Outside diameter of delivery tube,

four and five-tenths to five and five-tenths millimeters. Length of

delivery tube, one hundred to one hundred and twenty millimeters.

Distance of graduation mark above bulb, fifteen to forty-five milli- meters. Nozzle, straight. Delivery, seventeen and six-tenths cubic

centimeters of water at twenty degrees Centigrade in five to eight

seconds. Maximum error shall not exceed five-hundredths of a cubic centimeter.

(d) Standard weights.

The standard weights shall be of nine (9) grams and eighteen

(18) grams denominations.

Sec. 21652. Penalties.—Any person violating any of the provisions

of this act shall be guilty of a misdemeanor, and shall be subject to the same penalties as provided in the act to which this is a supplement.

Sec. 21653. Enforcement.—The bureau of standards of the State of

Pennsylvania, tlirough its inspectors of weights and measures, shall be charged with the enforcement of the provisions of this act. Sec. 21654. When effective.—The provisions of this act shall take

effect January first, one thousand nine hundred and twenty, with the

exception that the provisions of section two, as respects the denominations of the glassware therein specified, shall not be held to re- quire the abandonment of the use of glassware of other denominations in use at the time of the passage of this act, provided that the

said glassware of other than standard denominations shall have been

certified, after examination by the proper officer of the Pennsylvania

bureau of standards, to be correct to their graduations.

Sec. 21656 (1877). Weight of salt per barrel.—All salt manufactured

by evaporation, within the limits of this Commonwealth, and put in

packages purporting to be a barrel, said package shall contain two

hundred and eighty (280) pounds of salt, and this exclusive of the

weight of the ])ackage.

Sec. 21658 (1864). Sale of shingles, etc., by the thousand.—It shall not be lawful for any person or persons engaged in the business of

purchasing, collecting or furnishing shingles or hoop-poles, shaved

hoops, straps, shucks, staves and heading, of any kind of material

whatsoever, used in the manufacture of wooden vessels, to demand

or deliver more than ten hundred pieces in number for one thousand

and that when any or either of the above-mentioned articles of lumber be purchased or sold by the thousand, it shall be so considered,

3,ny custom or usage to the contrary notwithstanding.
692 LAWS CONCERNING WEIGHTS AND MEASUEES

Sec. 21659 (1817). Standard dimensions of cord of wood in Philadelphia.—The standard dimensions of a cord of wood or bark for fuel,

exposed to sale within the city and county of Philadelphia, shall be

eight feet in length, four feet in breadth, and four feet in height, con- taining one hundred and twenty-eight feet, solid measure; but

if it shall so happen, before the first day of September next, that

any wood brought to market shall be under the average length of

four feet, including one-half of the kerf, the deficiency shall be

made up in the breadth or height.

Sec. 21660. Length of cord wood; piling cord wood; corder not to buy

to sell for profit.—From and after the first day of September next, all cord wood brought to market within the city and county of Philadelphia, shall be at least four feet in length, including one-half the

kerf, and the cord shall be computed at the rate of eight feet in

length, four feet in breadth and four feet in height, well stowed and

packed, the straight wood shall be placed or caused to be placed

by all vendors of cord wood compactly in the lower part of the

pile, and the crooked wood in the upper part thereof, and a rea- sonable and fair allowance shall be made by all corders or vendors

of wood for the loss sustained by crooked or uneven wood ; nor

shall any corder of wood purchase any wood for the purpose of

selling the same again, by which sale he may derive a compensation

or profit; and the same is hereby declared to be unlawful.

Sec. 21661. Seizure and forfeiture of wood; penalties for violations of

act; how recoverable.—From and after the first day of September

next if any person shall expose to sale within the citj' and county

of Philadelphia an_v wood less than four feet in length, it shall be

liable to be seized by any corder of wood and forfeited, one-half to the use of said corder, and the other to the guardians of the poor

of the city, district or township in which it shall be seized; but in case the person exposing the wood for sale, shall deem himself aggrieved thereby, he may appeal to any alderman or justice of the

peace of the city, district or township in which the seizure is made,

who shall hear, try and determine the same; and if any person shall,

within the said limits, sell as a cord of wood or bark, for fuel, any

quantity less than the standard measure prescribed by this act, unless

the same shall have been previously measured by a corder, and is sold

without any change since such measurement, he shall forfeit and

pay the sum of ten dollars ; and if any corder shall refuse or neglect

to perform the duties enjoined upon him by this act, he shall for

every such otfense forfeit and pay the sum of ten dollars; and if any corder shall purchase any wood for the purpose of selling

again, he shall forfeit and pay the sum of one hundred dollars,

which several penalties and forfeitures may be recovered as debts

of a similar amount are by law recoverable before any alderman

or justice of the peace within the city, district or township in which

the offense shall have been committed, and shall be one-half for

the use of the person prosecuting for them, and the other for the

guardians of the poor of the said city, district and township,

Stats., 1920, p. 1473.

Sec. 15058 (1907). Milk, skim milk, and cream; standard of measurement.—On and after the first day of July, one thousand nine hundred

and seven, it shall be unlawful for any person, firm, or corporatigja
PENNSYLVANIA 693

to sell or offer for sale, or demand from any person offering for sale,

either wholesale or retail, within the State of Pennsylvania, any

milk, skim-milk, and cream according to any other standard of

measurement than that known as the liquid, or wine, measiire, con- taining two hundred and thirty-one cubic inches to the gallon : Provided^ That nothing in this act will prevent the sale of milk, skimmilk, and cream by weight or percentage of butter-fat.

Sec. 15059. Violation; penalty.—Every person, firm, or corporation,

and every officer, agent, servant, or employe of such person, firm, or corporation, who shall violate any of the provisions of this act; or any person, firm or corporation, and every officer, agent, servant, or employe of such person, firm, or corjooration, demanding, offer- ing, and receiving a greater measure than that specified in the first section of this act, shall be deemed guilty of a misdemeanor, and,

upon the conviction thereof in the court of quarter sessions of the

proper count}', shall be sentenced to pay a fine of not less than

twenty-five dollars and not more than one hundred dollars, with

costs of prosecution, or undergo imprisonment not exceeding thirty

days, or both, at the discretion of the court.

Stats., 1920, p. 1022.

See. 10591 (1901). Weight of kegs of black blasting powder regulated;

kegs to be stamped with weight of powder, etc.—On and after the fii^st day of August, anno Domini one thousand nine hundred and one,

•each and every keg of black blasting powder used, manufactured or

sold in and around the coal mines of this Commonwealth, shall contain

twenty-five pounds of said black blasting powder, standard weight;

every one-half keg shall contain twelve and a half pounds of said

black blasting powder, standard weight, and every quarter keg

shall contain six and one-quarter pounds of said black blasting

powder, standard weight; each of said kegs to be plainly stamped

with the name of the person, firm or corporation manufacturing

said powder, and also the number of pounds of powder contained

in said keg.

Sec. 10592. Penalty—Any manufacturer or dealer in said black

blasting powder, making or selling, or causing to be made or sold,

any keg, half-keg or quarter-keg of said black blasting powder con- taining less weight of said powder than specified in this act or which keg shall not be stamped as required in section 1 of this act

[section 10591], shall be subject to a penalty of five dollars for each

and every keg, half-keg or quarter-keg, manufactured or sold, which

does not contain the respective weights of black blasting powder

set forth in the foregoing section.

Stats., 1920, p. 1101.

Sec. 11272 (1873). Sale of timber on the Ohio.—It shall be lawful

for any persons having timber, boards or other lumber upon the

Ohio River, or any of its tributaries, in this State, to sell the same

under any measurement they may agree upon, or under measure- ments which may be made by any person or persons whom they and

their vendees, under contract, may select, any local law, usage or ordinance to the contrary notwithstanding: Provided., That square

timber shall be measured with the usual five-inch hook, unless the

parties shall otherwise contract.
694 LAWS CONCERNING WEIGHTS AND MEASURES

Stats., 1920, p. 29.

Sec. 296 (al917). Sale of fertilizers.—That all corporations, asso- ciations, partnerships, or persons, before selling or offering for sale any commercial fertilizer in the Commonwealth, except the dung

of domestic animals, lime, marl, and wood ashes, shall brand or

attach to each bag, barrel, or package in a conspicuous place on thp

outside thereof, a plainly printed statement giving the following

particulars and no others

:

(1) The number of pounds of fertilizer contained in the package.

(2) The name, brand, or trade-mark under which the fertilizer is sold.(3) The name and principal address of the manufacturer, importer, or other person putting the fertilizer on the market in this

Commonwealth. * *

* Sec. 303 (1915). Department of agriculture.—That every bag, barrel, or other package or quantity, of any pulverized limestone,

ground oyster shells, artificial carbonate of lime, ground lime, spraying lime, slaked-lime, hydrated lime, hydrated spraying lime, marl,

gypsum, or land-plaster, sold, offered, or exposed for sale, within

this Commonwealth for use as a soil amendment or as an ingredient or reagent in the preparation of any fungicide or insecticide, shall have attached to it or be accompanied, in the manner provided in section three hereof, by a plainly printed statement giving the nan\e

and address of the manufacturer or importer and his place of business, the brand or trade-name of said material, the net weight of

the contents of the package, when sold in package, and a statement

declaring, with respect to pulverized limestone, groimd oyster shells,

and artificial carbonate of lime: (a) The degree of fineness of the

material, in terms of the minimum sieve-mesh, expressed in frac- tions of an inch, through which the coarsest particles of said material can pass; and * * * xhe provisions of this act shall not,

however, apply to air-slaked lime, kiln-slaks, gas-house lime, or

tanners' lime, when sold as such.

Stats., 1920, p. 393.

Sec. 403 (1909). Concentrated commercial feeding stuffs to bear net weight.—Every barrel, bag, pail, parcel, or other package of con- centrated commercial feeding stuffs, as defined in section two of this

act, used for feeding domestic animals, also condimental stock and

poultry-food, and patented, proprietary, or trade-marked stock and

poultry-food, possessing nutritive value combined with medicinal

properties, sold, offered, or exposed for sale, within this State, shall have affixed thereto, in a conspicuous place on the ou.tside thereof,

a legible and plainly-printed statement in the English language,

clearly and truly certifying the number of net poimds of feedingstuff contained therein, the name, brand, or trade mark under which

the article is sold ; the name and address of the manufacturer or importer, * * *

Stats., 1920, p. 2056.

Sec. 21193 (al919). Standard time; Federal time.—On and after the

first day of July anno Domini one thousand eight hundred and

eighty-seven, the mean solar time of the seventy-fifth meridian of

longitude west pf Greenwich, commonly called eastern standard
PENNSYLVANIA 695

time, shall be the sole and uniform legal standard of time throughout this Commonwealth; and on and after the date aforesaid all days shall everywhere be taken to begin and end in accordance with

said standards; * * * j^^d provided further, That when the

standard time shall be advanced, for any portion of the year, by

any act of Congress, now in force or hereafter passed, the time so fixed by such act of Congress shall be the standard time of this

Commonwealth for such portion of the year.

Stats., 1920, p. 1519.

Sec. 15599 (1883). Cars to be of uniform capacity; to be branded by

mine inspector; penalty for violation; exceptions.—At every bituminous

coal mine in this CommonAvealth, where coal is mined by measurement, all cars, filled by miners or their laborers, shall be uniform in

capacity at each mine; no unbranded car or cars shall enter the

mine for a longer period than three months, without being branded

by the mine insj^ector of the district, wherein tlie mine is situated;

and any OAvner or owners, or their agents, violating the provisions

of this section, shall be subject to a fine of not less than one dollar

per car, for each and every day, as long as the car is not in con- formity with this act; and the mine inspector of the district where

the mine is located, on receiving notice from the check-measurer or any five miners working in the mine, that a car or cars are not

properly branded, or not uniform in capacity, according to law, are used in the mine where he or the}^ are employed, then, inside of

three days from the date of receiving said notice, it shall be his

duty to enforce the provisions of this section, under penalty of ten

dollars for each and every day he permits sucli car or cars to enter

the mine: Provided, That nothing contained in this section shall be construed or applied to those mines wh[ich] do not use more

than ten cars.

Sec. 15600. Miners may employ check-weighman or measurer.—At

every bituminous coal mine in this Commonwealth, where coal is mined by weight or measure, the miners, or a majority of those

present at a meeting called for that purpose, shall have the right to employ a competent person as check-weighman or check-measurer,

as the case may require, who shall be permitted at all times to be

present at the weighing or measurement of coal, also have power to weigh or measure the same, and during the regular working hours

to have the privilege to balance and examine the scales, or measure

the cars: Provided, That all such balancing and examination of

scales shall only be done in such way, and in such time, as in no way

to interfere_ with the regular working of the mines. And he shall not be considered a trespasser during working hours, while attending to the interests of his employers. And in no manner shall he be

interfered with or intimidated by any person, agent, owner or miner.

And any person violating these provisions shall be held and deemed

guilty of a misdemeanor, and, upon conviction thereof,, he shall be

punished by a fine of not less than twenty dollars, and not exceeding one hundred dollars, or imprisonment, at the discretion of the

court. It shall be a further duty of [the] check-weighman or checkineasurer, to credit each miner with all merchantable coal mined by

him, on a proper sheet or book to be kept by him for that purpose. When differences arise between the check-weighman or check-meas-
696 LAWS CONCERNING WEPSHTS AND MEASURES

urer and the agent or owners of the mine, as to the uniformity,

capacity or correctness of scales or cars used, the same shall be

referred to the mine inspector ° of the district where the mine is located, whose duty it shall be to regulate the same at once; and in

the event of said scales or cars proving to be correct, then the party

or parties applying for the testing thereof shall bear all costs and

expenses thereof ; but if not correct, then the owner or owners of said

mine to pay the costs and charges of making said examination

:

Provided^ further^ That should any weighman or weighmen, agent

or check-measurer, whether employed by operators or miners, knowingly, or willfully adopt or take more or less pounds for a bushel

or ton than as provided for in the first section of this act, or willfully neglect the balancing or examining of the scales or cars, or knowingly and willfully weigh coal with an incorrect scale, he

shall be guilty of a misdemeanor, and, upon conviction thereof,

shall be imprisoned in the county jail for three months.

Sec. 15601 (1897). Screening bituminous coal before weighing prohibited.—It shall be unlawful for any mine owner, lessee or operator of

any bituminous coal mine in this Commonwealth, employing miners

at bushel or ton rates, or other quantity, to pass the output of coal

mined b}'^ said miners over any screen or other device which shall take any part from the weight, value or quantity thereof, before

the same shall have been weighed and dulj^ credited to the employee

sending the same to the surface and accounted for at the legal rate of weight fixed by the laws of this CommonAvealth.

Sec. 15602. Violation of this act declared a misdemeanor.— owner,

lessee or operator of any bituminous coal mine, violating the provisions of tliis act. shall be deemed guilty of a misdemeanor, and

shall, upon conviction, for each and every such olfense, be punished

by a fine of not less than one hundred ($100) dollars nor more than

fi\e hundred ($500) dollars, or bj' imprisonment in the county jail

for a period not to exceed ninety days, or by both such fine and

imprisonment, at the discretion of the court: proceedings to be

instituted in any court of competent jurisdiction.

Sec. 15606 (1883). Miners to be paid for the quantity of coal mined,

irrespective of size; weight of bushel; ton; contracts for measuring.

An^' miner employed by an individual, firm or corporation for the

purpose of mining coal, shall be entitled to receive from his employer, and failing to receive, then to collect, by due process of

law at such rates as may have been agreed upon between the

emploj'er and the employed, full and exact wages accruing to him

for the mining of all sizes of merchantable coal so mined by him,

Avhether the same shall exist in the form of nut or lump coal; and

in the adjudication of such wages, seventy-six poimds shall be

deemed one bushel, and two thousand pounds net, shall be deemed

one ton of coal: Provided^ That nothing contained in this act shall be construed to prevent operators and miners contracting for any

method of measuring and screening the coal mined by such miners,

as they may contract for.®

5 See section 21547, p. 667, relative to inspection of mine scales by State bureau of

standards.

8Tliis proviso would seem to be repealed as to bituminoug coal mines by the act of
PHILIPPINE ISLANDS

Administrative Code, 1917, Vol. 2, Art. IX, p. 8.

Sec. 32 (al917). Standard weights and measures in Philippine

Islands.—The weights and measures to be used thronghout the Philippine Islands are those of the metric system, with the following units:

(a) The unit of length is the standard meter, being the one ten- millionth part of the distance from the Equator to the pole.

(h) The unit of area is either the square meter or an area of one hundred square meters known as the are. (c) The unit of cubical contents or capacity is either the cubic

meter or the one-thousandth part thereof known as the liter. (d) The unit of weight is the gram.

The length of the standard meter shall be determined for the

Philippine Islands by the length at the temperature of zero degrees

centigrade of the fundamental standard measure numbered seventyone, now preserved in the bureau of science and certified to by the

International Bureau of Weights and Measures.

The weight of the standard gram shall be determined for the

Philippine Islands by the weight at Manila of one-millionth of a

cubic meter of pure water at the temperature of four degrees centigrade, or the one-thousandth part of the standard kilogram certified to by the International Burea\i of Weights and Measures, designated by the symbol " L " and noAv preserved in the bureau of

science.

Sec. 33. Requirement as to use of metric system.—The metric system

of weights and measures, with its recognized scales, shall be used

in all contracts, deeds, and other instruments publicly and officially

attested, and in all official documents; and, except as hereinbelow

provided, only weights and measiues of the metric system shall be

officially sealed and licensed.

In the purchase and sale of manufactured lumber the English

system of measures may be employed^ and in ordering commodities

or articles from abroad such weights and measures may be employed

as are commonly used in the countrj?^ to which the order is sent or from which the goods are shipped.

Administrative Code, 1917, Vol. 2, ch. IX, p. 399.

Sec. 1521 (al917). Sealing and licensing of weights and measures.

The duties incident to the official inspection of weights and measures, and the sealing and licensing of the same for use, shall be performed

under the supervision of the bureau of internal revenue.

Sec. 1522. Fees for sealing linear metric measures.—Fees for sealing

linear measures of the metric system shall be as follows : (a) Measures not over one and one-half meters, ten centavos,

(&) Measures pver one and one-half meters, twenty centavos.

697
698 LAWS CONCERNING WEIGHTS AND MEASURES

Sec. 1523. Fees for sealing English linear measures.—Fees for sealing

linear measures of the English system, allowable only when such measures are to be used in measuring manufactured lumber, shall be as follows

:

{a) Measures not over one yard, ten centavos.

(h) Measures over one yard, twenty centavos.

Sec. 1524. Fees for sealing metric measures of capacity.—Fees for

sealing metric measures of capacity shall be as follows:

(a) For a measure not over ten liters, twenty centavos.

{b) For a measure over ten liters, thirty centavos.

Sec. 1525. Fees for sealing metric measures of capacity.—Fees for seal- ing instruments for determining weight graduated solely in the

metric system shall be as follows

:

(a) Those having a capacity of over three thousand kilograms,

three pesos. (b) Those having a capacity" of not over three thousand but over

three hundred kilograms, one peso and twenty centavos.

(c) Those having a capacity of not over three hundred but more

than thirty kilograms, sixt}'^ centavos.

((/) Those with a cajDacity not greater than thirty kilograms,

thirty centavos. For an apothecary balance or other balance of precision the charge

shall be doubled.

"With each scale or balance a complete set of weights for use therewith shall be sealed free of charge. For each extra weight the

charge shall be five centavos.

Sec. 1526. Form and duration of license for use of weights and measures.—The receipt for the fee charged for the sealing of weights and

measures shall serve a> a license to use such instrument for one year

from the date of sealing, unless deterioration or damage occurs in

that period which renders the weight or measure inaccurate. Such

receipt shall be preser\'ed by the owner and shall be exhibited on

deunind of any internal-revenue officer. Sec. 1527. Secondary standards preserved by provincial treasurers; test- ing of same.—For use in the testing of Aveights and measures in the

Provinces, provincial treasurers shall keep full sets of secondary

standards in the provincial buildings. The collector of internal revenue shall be responsible for the inspection and proper testing of

all provincial and municipal standards of weight and measure.

Sec. 1528. Comparison of secondary and fundamental standards.—The

comparison of the secondary and fundamental standards shall be

made in the bureau of science at the instance of the collector of

internal revenue. ^^Hien found to be sufficiently accurate the sec- ondary standard shall be distinguished by a label, tag, or seal and

shall be accompanied by a certificate showing the amount of its variation from the fundamental standard. If the variation is of

sufficient magnitude to impair the utility of the instiiiment, it shall be destroyed in the bureau of science.

Sec. 1529. Inspectors of weights and measures.—Internal-revenue

agents shall inspect and test balances or scales, weights and measures, and report upon the condition thereof in the territory assigned to them. It shall be their duty to collect evidence of infringements of

the law or of fraud in the use of weights and measures or of neglect
PHILIPPINE ISLANDS 699

of duty on the part of any officer engaged in sealing weights and

measures. Evidence so collected by them shall be presented forthwith to the collector of internal revenue and also to the proper

prosecuting officer. Sec. 1530. Sealers of weig'hts and measures.—The sealing and licensing of weights and measures shall be the duty of the provincial

treasurers and their deputies, and for the purposes of this law such

officers shall be termed sealers of weights and measures.

Sec. 1531. Destruction of defective instrument of weight or measure.

Any defective instrument of weight or measure may be destroyed by

any inspector or sealer of weights and measures if its defect is such

that it can not readily and securel}^ be repaired.

Sec. 1532. Testing of instruments used in Government work.—All measures and instruments for determining weight used in the Government work or maintained for public use by any Pi'ovince or municipality shall be tested and sealed free of charge.

Sec. 1533. Dealer's permit to keep unsealed weights and measures.

Upon obtaining written permission from the collector of internal revenue any dealer may keep instruments of weight and measure in

stock for sale without sealing, until sold or used.

Administrative Code, 1917, Vol. 2, ch. 19, Art. Ill, p. 143.

Sec. 485. Disposition of fees for sealing weights and measures.—The

proceeds of fees for the sealing and licensing of weights and measures shall accrue equally to the Province and municipality wherein

collected. Administrative Code, 1917, Vol. 2, Art. XII, p. 749.

Sec. 2732 (al917). Fraudulent practices relative to weights and measures.—Any person other than an official sealer of weights and measures who places an official tag or seal upon any instrument of weight

or measure, or attaches it thereto, and any person who fraudulently

imitates any mark, stamp, brand, tag, or other characteristic sign

used to indicate that weights and measures mentioned therein have

been officially sealed; or who alters in any way the certificate given

by the sealer as an acknowledgment that the weights and measures mentioned therein have been duly sealed, or who makes or knowingly

sells or uses any false or counterfeit stamp, tag, certificate, or license, or any die for printing or making stamps, tags, certificates, or

licenses, which is an imitation of or purports to be a lawful stamp,

tag, certificate, or license of the kind required by the provisions of

the internal revenue law, or Avho alters the written or printed figures or letters on any stamp, tag, certificate, or license used or issued or who has in his possession any such false, counterfeit, restored or

altered stamp, tag, certificate, or license for the purpose of use or

reuse of the same in the paj'ment of fees or charges imposed in the

internal revenue law, or who procures the commission of any such

offense by another, shall for each such offense be fined not less than

two hundred pesos nor more than ten thousand pesos and shall be

imprisoned for not less than one month nor more than five years, in

the discretion of the court.

Sec. 2733. Unlawful possession or use of instrument not sealed within

twelve months.—Any person making a practice of buying or selling

1
700 LAWS CONCERNING WEIGHTS AND MEASURES

goods by weight or measure, or of furnishing services the value of

which is estimated by weight or measure, who has in his possession

without permit any scale, balance, weight, or measure which has

not been officially sealed within twelve months, and any person who

uses in any purchase or sale or in estimating the value of any service

furnished any such instrument that has not been officially sealed

within the same period shall be punished by a fine not exceeding five hundred pesos or by imprisonment for not exceeding one year, or by

both, in the discretion of the court ; but if such scale, balance, weight,

or measure so used has been officially sealed at some previous time

and the seal and tag officially affixed thereto remain intact and in

the same position and condition in which they were placed by the

official sealer, and the instrument is foimd not to have been altered or rendered inaccurate but still to be sufficiently accurate to warrant its being sealed without repairs or alteration such instrument

shall, if presented for sealing promptly on demand of any authorized sealer or inspector of weights and measures, be sealed, and the

owner, possessor, or user of same shall be subject to no penalty

except a surcharge equal to five times the regular fee fixed by law

for the sealing of an instrument of its class, this surcharge to be

collected and accounted for by the same official and in the same manner as the regular fees for sealing such instruments.

Sec. 2734. Alteration or fraudulent use of instrument of weight or measure.—Any person who with fraudulent intent alters any scale or

balance, weight, or measure after it is officially sealed, or who knowingly uses any false scale or balance, weight or measure, whether

sealed or not, shall be punished by a fine of not less than two hun-

(ired pesos nor more than four thousand pesos or by imprisonment

for not less than three months nor more than two years, or both.

Any person who fraudulently gives short weight or measure in

the making of a sale, or who fraudulently takes excessive weight or measure in the making of a purchase, or who, assuming to determine

truly the weight or measure of any article bought or sold by eight

or measure, fraudulently misrepresents the weight or measure thereof, shall be punished by a fine of not less than fifty pesos nor more

than two thousand pesos or by imprisonment for not less than three

months nor more than two j^ears, or both.

Sec. 2735. Payment of informers.—Any person, except an internal- revenue agent or officer or other public official engaged in sealing or inspecting weights and measures who voluntarily gives information

loading to the arrest and conviction of anyone violating the provisions of the internal reA^enue law relative to weights and measures

shall be rewarded in the sum of twenty pesos or in the sum of one himdred pesos if the person convicted is a public officer or employee

concerned with the sealing or inspecting of weights and measures. The informer shall be ascertained and stated in the judgment of the court and the reward paid shall be a charge against the funds of the

province in which the arrest and conviction is had and the municipality concerned, in the proportion in which the weights and measures fees accrue to each, but to prevent delay in payment the province shall initially pay the entire amount and subsequently secure reimbursement of the mimicipality's share.
PHILIPPINE ISLANDS 701

Administrative Code, 1917, Vol. 2, Art. XVII, p. 292.

See. 1116 (al917). When article deemed to be misbranded.—* * * For the purposes hereof an article shall also be deemed to be misbranded: * *

* (h) In the case of food: * * * Thirdly. If in package form, the quantity of the contents be not

plainly and conspicuously marked on the outside of the package in

terms of weight, measure, or numerical count ; but reasonable variations shall be permitted, and tolerances and also exemptions as to

sinall packages shall be established by proper regulations.

Administrative Code, 1917, Vol. 2, Art. VIII, p. 397.

Sec. 1509 (al917). Measuring of forest products and collection of charges thereon.—The duties incident to the measuring of forest products and the collection of the cliarges thereon shall be discharged by

the bureau of internal revenue, under the regulations of said bureau.

Employees of the bureau of forestr}- may be deputized by the

collector of internal revenue for the performance of duties incident

to the measuring and invoicing of forest products wlien the direc- tor of forestry deems such course advisable for the protection of

the forest revenues and is willing to supply the services of such

employees at the expense of the bureau of forestry.

Sec. 1510. Mode of measuriug timber.-—Except as hereinbelow provided, all timber shall be measured and manifested in the round or squared, before being sawn or manufactured. The volume of all round timber shall be ascertained by multiplying the area of the

small end by the length of the log, the diameter of the log to be

measured exclusive of the bark ; but if the end of a log is irregular,

the average diameter shall be used, and in order to ascertain the

volume of a log more than eight meters long, the diameter of the

middle of said log, or the average of the diameters at both ends

thereof shall be used as basis. If a log in the round, cut under

license, is measured and manifested by forest officers, the director

of forestry shall make due allowance for rot, cavities, or other

natural defects; but from any decision of the director of forestry in

this respect, an appeal shall lie to his department head, whose decision shall be final. The manifest of timber cut by licensees operating sawmills in or near the forest shall be attested by forest officers whenever practicable.

Licensees with sawmills may measure their timber or cause or allow the same to be measured after it is sawn, provided they pay

for each thousand board feet of lumber of the first and second groups

a sum of not less than ten pesos, and of the other groups of not less than five pesos, as forestry charges, in the discretion of the director

of forestry and after agreement with the same, with the approval of

his department head. These agreements shall be for one year, but

shall be subject to renewal.

The volume of squared timber shall be ascertained by multiplying the average of the cross section measured by the length, to which

twenty-five per centum shall be added for loss in squaring. The

privilege of manifesting timber after squaring shall, however, be

granted only to licensees who have squared their logs in the forest

with the ax and intend to take it to the market in this form.
PORTO RICO

Laws, 1913-14, Act. 135, p. 100.

Sec. 1, as amended by Laws, 1919, Act. 4, p. 104. Metric system and

imperial system; contracts, kow construed.—That the metric system of

weights and measures, and the imperial sj^stem customarily used in

the United States in so far as the same are described by this act, are hereby recognized and established in Porto Rico for use in all in- dustrial and commercial transactions as hereinafter defined in sec- tion 16 of this act, and except as hereinafter expressly authorized;

and it shall be unlawful in any of said transactions to use any other

systems, or to use any units of weight or measure not recognized and

established as a part of the said systems: Provided, hoxoever^ That

no contract or agreement, entered into prior to the approval of this

act, which contains a description of or reference to weights or measures not authorized by this act, shall be vitiated by reason of such an

unauthorized description or reference.

Sec. 2. Units of measure.—In the metric system the standard meter

is the unit of measure of length and surface from which all other measures of extension, whether lineal, superficial or solid, are derived and ascertained. The meter is divided into ten equal parts

called decimeters, into one hundred equal parts called centimeters,

and into one thousand equal parts called millimeters. The dekameter

contains ten meters, the hectometer one hundred meters, the kilometer one thousand meters, and the myriameter ten thousand meters.

See. 3. Liter is unit for liquids.—In the metric system the standard

liter is the unit of measure for liquids from which all other measures

of liquids are derived and ascertained, and is equal to one cubic deci- meter. The liter is divided into ten equal parts called deciliters, into one hundred equal parts called centiliters, and into one thousand

equal parts called milliliters. The dekaliter contains ten liters, the

hectoliter one hundred liters, and the kiloliter one thousand liters. Sec. 4, as amended by Laws, 1913-14, Act No. 3, p. 134. Cubic meter is unit for cubic measure; hectare for land measure.—In the metric sys- tem the unit of cubic measure or volume is the standard cubic

meter, this being a cube whose edges are each one meter in length.

The cubic meter contains one thousand cubic decimeters, the cubic

decimeter one thousand cubic centimeters, and the cubic centimeter one thousand cubic millimeters. • The hectare for land measure contains ten thousand square meters

;

the are contains one hundred square meters and the centare one

square meter. In land measurements and records the measurement by

cuerda customarily used in Porto Rico, which shall be equivalent to 3,930.395625 square meters, may also be used. All land measure- ments shall be based upon horizontal extension..

Sec. 5. Gram is unit of weight.—In the metric system the standard

gram is the unit or standard of weight from which all other weights

are derived and ascertained and is equal to the weight in a A'-acuum

702
POETO KICO 703

of one cubic centimeter of pure water at its maximum density. The

gram is divided into ten equal parts called decigrams, into one hundred equal parts called centigrams, and into one thousand equal parts

called milligrams. The dekagram contains ten grams, the hectogram

one hundred grams, the kilogram one thousand grams, the myriagram ten thousand grams, the quintal one hundred thousand grams

and the millier or tonneau one million grams.

Sec. 6. Yard is unit of length in imperial system.—In the imperial

system the standard yard is the unit of measure of length and sur- face from which all other measures of extension, whether lineal,

superficial or solid, are derived and ascertained. The yard contains

0.914402 meters. The yard is divided into three equal parts called

feet, and each foot into twelve equal parts called inches.

See. 7, as amended by Laws, 1917, Act 2To. 37, p. 204. Gallon is stand- ard of capacity in American system.—In the American system the

standard gallon is the unit of standard measure of capacity for

liquids from which all other measures of liquids are derived and

ascertained. The gallon is equal to 3,78543 liters. The American

gallon is divided into four equal parts called quarts, each quart into

two equal parts called pints, and each pint into four equal parts

called gills. Sec. 8. Pound is unit of weight in imperial system.—In the imperial

system the unit or standard of weight, from which all other weights

are derived and ascertained, is the imperial pound, equal to 0.45359

kilograms. The imperial pound is divided into sixteen equal parts

called ounces; the hundredweight consists of one hundred pounds, the

short ton of twenty hundred pounds, and the gross or long ton of

2,240 pounds.

Sec. 9. Official standards; set to be furnished each municipal district.

A full set of said weights and measures shall be kept in the office of the secretary of Porto Rico as the official standards, and said

official shall furnish such test sets thereof as may be required for

the enforcement of this act to the alcalde and to each district chief or other police officer in command in each municipal district of the

island to be kept in their custody.

Sec. 10. Secretary to enforce act; and to prescribe rules and regulations; testing and sending of apparatus; may be condemned and seized,

when.—That the secretary of Porto Rico shall be charged with the

duty of supervising the enforcement of this act. He shall prescribe

rules and regulations not inconsistent therewith, providing for the

periodical inspection, examination, testing and regulating, and seal- ing, marking or approving when correct of all weights and measures, scales, beams, steelyards, or other instruments, apparatus or

appliances, used or adapted for use in ascertaining weight or measure in any industrial or commercial transaction, and for the per- formance of such other duties as may, in his judgment, be required

for the enforcement of this act; and in accordance with such rules

and regulations all alcaldes, or their authorized agents, prior to the

first day of January, 1914, shall examine, test, regulate or cause to be examined, tested, or regulated, and when correct shall seal, mark,

or approve or shall cause to be sealed, marked, or approved, all such weights or measures, scales, beams, steelyards, or other instru517—27 45
704 LAWS CONCEKNING WEIGHTS AND MEASURES

ments, apparatus, or appliances used, or adapted for use in ascertaining weight or measure in any industrial or commercial transaction,

within their respective municipal districts. In the event of any

alcalde failing to comply with the duty hereinbefore specified, or

failing to cause the same to be complied with, said duty shall be per- formed under the direction of the secretary of Porto Rico prior to February 1, 1914. If, after the first day of February, 1914, any

weight or measure, scale, beam, steelyard, or other instrument, apparatus or appliance, used or adapted for use in ascertaining weight

or measure in any industrial or commercial transaction has not been

sealed, marked, or otherwise approved as required by this act and the

regulations prescribed thereunder, or does not conform to the standards herein prescribed, any alcalde, police officer, or other duly

authorized person to whose attention such delinquency shall come

shall forthwith seize the same and shall file complaint in a court of

competent jurisdiction against the owner, or user thereof and

against all other persons guilty of any violation of this act in con- nection therewith. The seized article or articles shall be held as evidence and in the event of a conviction of the owner or user thereof or of any other person guilty of any violation of this act in con- nection therewith, the same shall be forfeited to the people of Porto

Kico and shall be disposed of as directed by the secretary of Porto

Rico. Any weight, measure, scale, beam, steelyard, or other in- strument, apparatus, or appliance used, or adapted for use, in ascer- taining weight or measure in any industrial or commercial transaction, which shall at any time be found to register or indicate or show a false or short weight or measure, shall be seized and dis- posed of in the same manner.

Sec. 11. Duty of alcalde regarding testing and sealing.—That after

Februar}'- 1, 1914, upon the request of any person owning or using

any weight, measure, scale, beam, steelyard, or other instrument,

apparatus or appliance used, or adapted for use, in ascertaining

weight or measure in any industrial or commercial transaction, the

alcalde of the municipal district in which the same is located, shall examine, test, regulate, and when correct seal, mark or approve the same in accordance with the regulations prescribed under this act, or cause the same to be done ; and if any alcalde fails to perform this

duty within fifteen dsijs after the receipt of any such request, said

duty shall be performed under the direction of the secretary of

Porto Rico upon application filed with him.

Sec. 12. Use of unsealed apparatus prohibited.—That from and after

the first day of February, 1914, no weight, measure, scale, beam,

steelyard, or other instrument, apparatus or appliance for ascer- taining weight or measure, shall be used in any industrial or commercial transaction until the same has been inspected, tested and

sealed, or otherwise marked as provided in this act : Provided, That

if the marking or sealing of any such instrument, apparatus, or appliance is not practicable or would be injurious or destructive thereto,

such marking or sealing may be omitted and the approval thereof

i indicated in such manner as shall be prescribed by the regulations

provided for in this act. Sec. 13. Apparatus to be exhibited, when.—It shall be the duty of

every person, when called upon, to exhibit to any authorized person
POETO BICO 705.

all weights, measures, scales, beams, balances, steelyards or other

instruments, apparatus or appliances used or intended to be used

or adapted for use in ascertaining weight or measure in any industrial or commercial transaction, and to permit the said person to examine, test, regulate, and seal or mark the same.

Sec. 14. Apparatus not conforming to standards, prohibited.—No per- son shall use, cause or permit to be used, any weight or measure,

scale, beam, balance, steelyard, or other instrument, apparatus or appliance in ascertaining weight or measure in any industrial or commercial transaction, which does not conform to the standard

weights and measures prescribed by this act, and no person shall

use, cause or permit to be used in any industrial or commercial

transaction, any scale, beam, steelyard, or other instrument, apparatus or appliance for ascertaining weight or measure which registers,

shows or indicates a false weight or measure.

Sec. 15, as amended by Laws, 1917, Act No. 37, p. 204. Using or giving

of false weight or measure prohibited.—No person shall give or permit

to be given any false or short weight or measure in the purchase,

sale or transfer of any goods, wares or merchandise, and no person

shall use, or permit to be used, any false weight or measure, in any

industrial or commercial transaction as a basis for compensation

in the purchase, sale, transfer or transportation of any goods, wares

or merchandise.

Sec. 16, as amended by Laws, 1919, Act. 4, p. 104. Transactions in- volving weights or measure, how conducted; proviso,—All transactions

involving the purchase, sale, transfer or transportation of any property or of any goods, wares or merchandise, or the purchase or sale

of any work, task or service the value of which is computed by the

use of measures of weight or any other measure except that of time,

shall be conducted in accordance with the weights and measures

authorized by this act : Provided, That the purchase and sale of such

goods, wares and merchandise, as are usually or customarily sold or

dealt in by the article, piece or number, shall not constitute a violation of this act, nor the use of the tneasure known as " cuerda " when

the same is employed in agricultural job work.

Sec. 17, as amended by Laws, 1914, Act No. 7, p. 137. Net weight to be

marked; variations or tolerances.—That from and after the first day of

February, 1914, all goods, wares, or merchandise in boxes, packages,

bimdles, or containers which shall be the object of industrial or commercial transactions, shall have the net weight or quantity thereof

contained in said boxes, packages, bundles, or containers plainly

marked upon the outside of such boxes, packages, bundles, or containers, and it shall be unlawful to keep for the purpose of sale, offer or expose for sale or sell any such goods, wares or merchandise

which are not so marked. Each sale of any such goods, wares or merchandise not so marked shall be deemed to be a separate and

distinct offense : Provided, however, That any such goods, wares or merchandise not biarked as required above, which at the time of

passage of this act, are in Porto Rico, in the stock of manufacturers

of, or dealers in, such goods, wares, or merchandise, or ai'e already

shipped and on the way to Porto Kico, may be kept for the purpose of sale, offered or exposed for sale or sold until September 1, 1914 : And provided further, That the manner of marking of boxes,
706 LAWS CONCEENING WEIGHTS AND MEASUEES

packages, bundles or containers, and that reasonable variations or

tolerances on boxes, packages, bundles or containers and also ex- emptions as to small boxes, packages, bundles or containers, may be

established by rules and regulations prescribed by the secretary of

Porto Eico.

Sec. 18. Stamping of false weights or measure prohibited.—No person

shall mark or stamp, or permit or cause to be marked or stamped,

any false or short weight or measure, or any false tare upon any

box, package, bundle or container in which goods, wares or merchandise are packed or sold, or intended to be sold or offered for sale.

Sec. 19. Altering or using changed weight or measure prohibited.

No person shall change or alter, or permit to be changed or altered, or use or permit to be used after the same has been changed or

altered, any weight, measure, scale, beam, steelyard or other instru-- ment, apparatus or appliance for weighing or measuring, after the same has been officiallj'^ examined, tested and regulated and sealed,

marked or approved as provided by this act or the regulations prescribed in accordance therewith.

Sec. 20. Violation; penalty.—Any person violating any of the foregoing provisions of this act or of the rules and regulations prescribed

in pursuance thereof and any person who as employer or as an officer,

director, stockholder or agent of any corporation, or as a member of

any firm or partnership or otherwise shall direct, order, permit, or consent to any infraction of the foregoing provisions of this act, or

of the said rules and regulations, shall be deemed guilty of a misdemeanor, and upon conviction thereof, by a court of competent

jurisdiction, shall be punished for the first offense, by a maximiun

fine of fifty dollars or by imprisonment not to exceed fifty days and

for the second offense by a fine of not less than fifty dollars nor more

than two hundred and fifty dollars, or by imprisonment for a term

not to exceed ninety days, and for subsequent offenses by a fine of not

less than two himdred dollars nor more than five hundred dollars and

b}^ imprisonment for not more than one year.

Sec. 21. Sealing or approving apparatus not conforming to standards.

Any person charged with the enforcement of this act or the regulations thereunder j^rescribed or responsible therefor who shall mark,

seal or approve as conforming to the standards established by this act any weight or measure, scale, beam, steelyard, or other instrument, apparatus or appliance used or adapted for use in ascertaining

Weight or measure in any industrial or commercial transaction which

does not so conform, or who shall mark, seal, or otherwise approve

as accurate any weight or measure, scale, beam, steelyard or other

instrument, apparatus or appliance used or adapted for use in ascer- taining weight or measure in any industrial or commercial trans- action which indicates, shows, or registers a false weight or measure,

or who, having knowledge of or information as to the ownership or use of, or other responsibility for any such instrument, apparatus, or

appliance, fails to seize the same if within his power to do so, or

fails to file appropriate charges in the proper court or with the

fiscal of the district in which the offense occurs, shall be deemed

guilty of a misdemeanor and upon conviction thereof in a court of

competent jurisdiction, shall be punished by a fine of not less than

two hundred and fifty dollars nor more than one thousand dollars
POETO KICO 707

and by imprisonment for not less than six months nor more than

chree years.

Sec. 22. PrevioTis violations may be submitted in evidence, when.

Upon the trial of any person for the violation of any provision of

this act or of any regulation duly prescribed thereunder, previous

and other violations of said act or such regulations may be proved

and received in evidence.

Sec. 23. Appropriation.—That there is hereby appropriated, out of

any funds in the insular treasury not otherwise appropriated, the sum of fifteen thousand dollars, or such part thereof as may be

necessary, to be expended under the direction of the secretary of

Porto Eico to carry out the provisions of this act and the regulations

prescribed thereunder.

laws, 1917, Act No. 13, p. 128.

Sec. 1. Standard loaf of bread.—That a loaf of bread weighing one pound avoirdupois or 453 grams, shall be the standard loaf of bread

in Porto Rico.

Sec. 2. Other size loaves, how labeled; variations or tolerances, how

established.—That any loaf of bread sold or offered for sale in Porto

Rico, weighing more or weighing less than the standard loaf of one pound or 453 grams, shall be labeled in plain and intelligible

English or Spanish words and figures with its correct weight and

the name of its manufacturer : Provided., That the chief of the

bureau of weights and measures shall establish reasonable variations or tolerances, as to weight of the loaves appearing on the labels thereof.

Sec. 3. Net weight label to show price of standard loaf, when.—That

whenever a loaf of bread is sold or offered for sale, weighing more

or weighing less than one pound or 453 grams, the net-weight label of said loaf shall also indicate the price of the standard loaf fol- lowed by the words " per pound," and the price of said loaf shall be the same proportional part of the price of the standard loaf as the

•'veight of the loaf in question is of the weight of the standard loaf

marked on the label : Provided, That the price per loaf shall not

include any fractional part of one cent.

Sec. 4. Penalty.—That any person, firm or corporation who by

himself or by his servant or agent violates any of the foregoing provisions of this act, shall be guilty of a misdemeanor and shall be

subject to the same penalties as provided for in the weights and

measures act in force in Porto Rico.

Laws, 1912, Act No. 36, p. 70.

Sec. 1. Paint, defined.—That the term " paint " within the meaning

of this act shall include all materials which are designated for application to the surface of wood, metal, concrete, cement or plaster

to produce an ornamental or protective coating.

Sec. 2. Containers of paint to be marked with weight or measure.

Each container of paint that shall be sold or exposed or offered

for sale in Porto Rico shall show on the outside thereof the name

and address of the manufacturer or distributor thereof or of

the party for whom it is manufactured and shall show, in the case of paint in paste or semipaste form, the net weight in pounds or

fraction thereof, and in the case of liquid paint, the net measure of
708 LAWS CONCEENING WEIGHTS AND MEASTJEES

the contents in gallons or parts thereof; and no paint shall be

labeled, branded, marked or advertised in such manner as to deceive or tend to deceive any person as to its nature or composition.

Sec. 3. Violation; penalty.—Any person, firm or corporation who

shall knowingly violate the provisions of this act, shall be liable to a fine of from one to fifty dollars for the first offense and of from

fifty to one hundred dollars for each subsequent violation.

laws, 1919, Act 60, p. 328.

Sec. 1. Units of electric measure.—That the legal units of electric measure as defined and established by the statutes of the United

States are the only units of electric measure recognized as legal

in Porto Rico.

Sec. 2. Unit measure for gas.—That the standard of unit of measure for the sale of illuminating or heating gas by meter shall be the

cubic foot, containing sixty-two and three hundred and twenty-one

thousandths pounds, avoirdupois weight, of distilled or rain water,

weighed in air, of the temperature of sixty-two degrees Fahrenheit,

the barometer registering a pressure of twenty-nine and one-half

inches.

Sec. 3. Water, gas, and electric meters to be furnished by corporation; meters to be tested, when.—That every company, corporation, asso- ciation or individual furnishing gas, electricity or water for public

consumption on the basis of measure shall provide the consumer with

a meter, free of cost to the said consumer, and shall not put in use any meter unless it has been previously tested and found correct by

the bureau of weights and measures, in which office a complete regis- ter shall be kept of the origial and subsequent tests made of each

meter. If so desired, the company or person furnishing gas, electric current or water may appoint a representative to attend the test, for which purpose notice in writing shall be given by the bureau of

weights and measures as to the d&y and hour on which said test is to be made.

Where the apparatus is found correct, the bureau of weights and

measures shall seal the same and no person shall remove or break

Ihe said seal Avithout the authorization of the said bureau.

Sec. 4. Meters in use, to be tested by bureau.—Meters in actual use

shall be tested and sealed b}^ the bureau of weights and measures as the needs of the service may permit, and such tests may be also attended by a representative of the company or person furnishing

gas, electric current or water: Provided, That after this first test the bureau of weights and measures shall from time to time order

other tests. See. 5. Meters in use may be tested on petition.—On written petition

of a consumer the bureau of weights and measures may inspect and

test any gas, electric or water meter which has been installed or put

in service, where it is shown that the said meter has registered, without apparent cause therefor, an excess of twenty-five per cent or more over the normal monthly expense represented by the average

for the last six months.

Sec. 6. Inspection service, hov/ organized.—That the executive secre- tary of Porto Rico is hereby authorized to organize, under the jurisdicetion of the bureau of weights and measures, the inspection service required by this act. He shall prescribe and promulgate such
PORTO EICO 709

rules and regulations as in his judgment may be necessary for the

execution of this act. And he shall also establish reasonable specifications to which said instruments shall conform to secure the

accuracy of all meters and appliances for m.easurement.

Sec. 7. Officials to be appointed.—That there shall be appointed by

the executive secretary of Porto Kico one chief inspector of gas,

electric and water meters, at an annual salary of two thousand

dollars, and two assistant inspectors at an annual salary of fourteen

hundred dollars each, who shall have charge of and be responsible

for the technical part of the service, under the direction of the chief

of the bureau of weights and measures. No person shall be eligible to

this position unless he holds a diploma of electrician from a recognized school of electricity, or otherwise establishes the necessary

competency of his technical knowledge. The executive secretary

shall also appoint a clerk-stenographer at an annual salary of one

thousand dollars, who shall have charge of the office work of this

service.

Sec. 8. Violation; penalty.—That any person, firm, company or cor- poration which by itself or by its servant or agent violates the foregoing provisions of this act, or of the rules and regulations prescribed in pursuance thereof, shall be guilty of a misdemeanor, and

upon conviction by a court of competent jurisdiction shall be fined

not less than twenty nor more than one hundred dollars for each

violation.

Sec. 9. Salaries and expenses.—That for the purpose of the payment

of the salaries of the inspectors and of the clerk-stenographer, and

for the purchase of the necessary apparatus and laboratory equipment, as well for traveling expenses and per diems of the inspectors,

and for the transportation of equipment, apparatus, etc., and for any

other expenses in connection with this service, a sufficient appropriation shall be made in the regular budget for each fiscal year. Penal Code, 1911.

Sec. 5928 (al908). Frandnlently increasing weigPit or measure; penalty.—* * * Every person who in putting up in any bale, bag,

box, barrel or other package any sugar, tobacco, coffee, rice, or other

goods, usually sold in bales, bags, boxes, barrels or other packages,

by weight or otherwise, puts in or conceals therein any extraneous

substance whatever for the purpose of fraudulently increasing the

weight or measurement of such bale, bag, box, barrel or other package

with intent thereby to sell the goods therein, or to enable another to

sell the same, for more than the actual weight or measurement of

such goods, is punishable by fine not less than twenty-five dollars

for such offense, or confined in jail for not less than thirty days

or by both fine and imprisonment in the discretion of the court. Laws, 1923, Act No. 37, p. 246.

Sec. 2. Feeds for domestic animals ; weights to be marked.—Every person, manufacturer, importer, warehouseman, or person handling

concentrated feeds for domestic animals in Porto Rico, before sell- ing or offering for sale in Porto Eico any concentrated feed for domestic animals, shall stamp or affix to each container the distinctive

brand of the product therein contained, the weight of the package,

the name and address of the manufacturer, * *

*
EHOBE ISLAND

Gen. Laws, 1923, eh. 221, p. 862.

Sec. 1 (1893). Standard of weights, measures, and balances established.

The weights, measures and balances received from the United

States, and now in the custody of the State sealer, and such new

weights, measures and balances as shall be received from the United

States as standard weights, measures and balances in addition thereto or in renewal thereof, shall be the authorized standards by which

all town standards of weights and measures shall be tried, proved

and sealed.

Sec. 2 (al901). State sealer of weights, measures, and balances.

There shall be a State sealer of weights, measures, and balances, who

shall be sworn to the faithful performance of his duty. At the

January session of the general assembly in the year A. D. 1926, and

in each fifth year thereafter, the governor, with the advice and

consent of the senate, shall appoint some person to succeed the per- son then holding such office ; and the person so appointed shall hold

his office until the first day of February in the fifth year after his

appointment. Any vacancy which may occur in said office when the

senate is not in session shall be filled by the governor until the next

session thereof, when he shall, with the advice and consent of the

senate, appoint some person to fill such vacancy for the remainder

of the term.

Sec. 3 (1893). Duties of the State sealer.—The State sealer shall

have the exclusive custody and control of the standards so received

by the State from the United States, which standards shall be kept

in a suitable fire proof place to be provided by the State. He shall have the oversight of ail th^ standards furnished by the State to the various towns and cities, and shall keep a complete list of the same and shall see that they are kept in good order and repair. He

shall also keep the standards belonging to the State, furnished by

the United States, in perfect order, and shall keep a complete list of

the same, and shall take a receipt for the same from his successor in

office. His office shall be kept open at least two specified days in each

week. He shall try, prove and seal all town standards of weights, measures and balances brought to him for that purpose, the compensation for which is hereinafter provided.

Sec. 4. Set of standards for towns, when and how furnished; towns

and cities to be furnished standards.—The State sealer shall furnish a

set of standards of weights, measures and balances, at such cost as he he may deem proper, to each city or town that in his judgment

shall not have a suitable set, the same to be paid for by the State on the order of the State auditor on the general treasurer, the said

set to consist as follows: one even balance of the capacity not less than one hundred pounds ; one brass yard-gauge ; five iron dry measures, one each of the following capacities : one-half bushel, one peck,

710
RHODE ISLAND 711

one-half peck, two quarts, and one quart; six iron wine measures, one each of the following capacities: one gallon, one-half gallon, one quart, one pint, one-half pint, and one gill; five iron ring

weights, avoirdupois standard, one each as follows: fifty poimds,

twenty-five pounds, twenty pounds, ten pounds, and five pounds;

ten brass weights, avoirdupois standard, one each as follows: four

pounds, two pounds, one pound, eight ounces, four ounces, one ounce, one-half ounce, one-quarter ounce, one-eighth ounce, one-sixteenth ounce; together with a suitable case or cabinet to contain the same. He shall also furnish each town and city, at the expense of the said

town or city, a portable even-balance scale, with a set of weights

and measures, to be used by the said town or city sealers in the dis- charge of their duties as hereinafter provided.

Sec. 5. Inspection by the State sealer; record and report thereof.

The State sealer may, in the discharge of his duties, inspect the

weights, measures and balances of any person or persons, which

are used for selling any goods, wares, merchandise or other commodities, or for public weighing in any town or city in this State,

and if he finds the same to be inaccurate he shall forthwith inform

the mayor of the city or the president of the town council, as the

case may be, and such mayor or president shall at once call the

attention of the town or city sealer thereto. The State sealer shall

keep a record in detail of the towns and cities visited by him in the

performance of his duties; of the weights, measures and balances

tested and sealed by him; and he shall annually, during the first week in December, make a report to the governor of his doings for

the year.

Sec. 6. Town sealer to send inventory annually to State sealer,—The

sealers of the different towns and cities shall make an inventory of

weights, measures and balances furnished by the State and the

condition of the same, on a blank prepared for that purpose, in the

month of October of each year, and shall forward the same to the

State sealer of weights and measures.

Sec, 7. Deputy town sealers.—The different town councils of the

several towns, and the boards of aldermen of cities, may appoint,

upon recommendation of their respective town or city sealers, one

or more persons as deputy sealers of their town or city, who shall

assist the said town or city sealer and, in the absence from duty of

such town or city sealer, shall perform all the duties of town or city

sealer as may be required of them for the time being.

Sec. 8. Town sealer to take charge of the weights, measures, and bal- ances furnished by the State.—Every town or city sealer shall, at the

expense of his town or citj^, provide therein a suitable place for

the safe keeping and preservation of the weights, measures and bal- ances furnished by the State, which shall be used only as standards,

and shall not be taken from the ofiice. He shall have the care and

oversight thereof; shall see that they are kept in good order and

repair; and if any portion of them are lost, damaged, or destroyed,

shall, at the expense of the town or city, replace the same by similar weights, measures or balances. He shall procure, at the expense

of his town or city, a suitable set of sealing-stamps for stamping

dry and wine measures, with the date of the year thereon, and, for

coal and wood baskets, a branding-iron, with letters not less than

one-half inch high and the date of the year thereon.
712 LAWS CONCEENING WEIGHTS AND MEASUKES

Sec. 9. Penalty for neglect.—Every town or city sealer who neglects

to provide a suitable place for keeping such weights, measures and

balances, or suffers any of them through his neglect to be lost, damaged or destroyed, shall be fined the sum of not less than twenty

nor more than fifty dollars.

Sec. 10. Town standards are to be adjusted triennially by the State

sealer.—Every town or city sealer shall, once at least in every three

years, have the standard weights, measures and balances in his

custody tried, adjusted and sealed by the State sealer, who shall receive as comj)ensation therefor the sum of fifteen dollars, which

sum, together with the necessary expenses incurred by him in so performing such service, shall be paid by the town or city to which

such set of standards belongs.

Sec. 11. Town sealer to advertise annual sealing of weights, etc., used

in trade; annual sealing.—Every town or city sealer shall annually,

at the expense of his town or city, advertise or post up notifications

in public places in different parts of his town or city, for every

person engaged in the trade of buying and selling, or as a public

weigher, who uses weights and measures, to bring in within a cer- tain time, in each notification limited, being not less than one month

from the date of such notification, his weights, measures, balances

and scales to be adjusted and sealed, and he shall forthwith adjust

and seal all weights and measures brought to him for that purpose.

Sec. 12 (al899). Sealer to seal weights, measures, scales, and bal- ances.—After the expiration of the time limited in the notification

which is required to be given in the preceding section, the sealer

of weights and measures in every town or city shall visit the places

of business, and enter upon the carts, wagons, and other vehicles

then in use for business, of all the persons engaged in the trade of

buying and selling or of selling, who have weights, measures or balances which have not been sealed during the current calendar

year, and try, adjust, and seal the same. He shall go at least once

in every six months to every hay-scale, coal-scale, wagon-scale, rail- road-track-scale, or platform scale or balance used in the trade of

buying and selling or of selling or for public weighing, in his town

or city, which is not brought to him under the provisions of the

preceding section, and try, adjust, and seal the same.

Sec. 13 (1893). Penalty of town sealer for neglect of duty.—For

every neglect of duty prescribed in the next preceding section the

town or city sealer shall be fined a sum not exceeding twenty dollars

;

and every town or city sealer who shall seal any weight, measure or balance otherwise than according to the town or city standard, duly

tried, proved and sealed by the State sealer, shall be fined not ex- ceeding fifty dollars nor less than twenty-five dollars.

Sec. 14 (al896). Fees of town and city sealers; penalty; salary.

The sealer of weights and measures, in any town or city, shall re- ceive a fee of three cents for every weight, wine or dry measure,

sealed by him at his office; he shall receive a fee of five cents for

every yard-stick or yard-measure sealed by him; and for sealing

every spring-balance of a capacity less than one hundred pounds

he shall receive a fee of twenty-five cents; for every spring-balance

of a capacity of one hundred and less than five hundred pounds,

fifty cents; for every platform-scale of a capacity of five thousand
EHODE ISLAOT) 713

pounds or more, one dollar; for every balance of a capacity of less than five thousand pounds, fifty cents; for every steelyard of a capacity of fifty pounds or less, twenty-five cents ; and for every steel- yard of a capacity over fifty pounds, fifty cents; every scale or bal- ance used for weighing people shall be tested, and if found correct

shall be sealed, by the said sealer, and he shall receive a fee of fifty cents for each and every scale or balance so sealed. If any of the said

scales or balances are found to be incorrect, then they shall be con- demned and their use forbidden as hereinbefore provided. For proving and sealing coal and wood baskets he shall receive a fee of fifteen cents each, and for every charcoal-basket so sealed, twenty cents; he

shall also have a reasonable compensation for all repairs, alterations,

and adjustments which it may be necessary for him to make, made by

him, and for the expenses incurred in visting any place, as provided

for in section twelve of this chapter. Such fees and compensation

shall be paid to said sealer by the person owning or using the

weights, measures or balances so adjusted and sealed. Every person

violating the provisions of this section shall be fined not exceeding

twenty dollars for each ofi'ense, one-half thereof to go to the town

or city and one-half to the complainant. All said fees received by

any sealer of weights and measures of any town or city shall be re- tained by him as compensation for his services except as hereinafter

provided. Any town or city council may at any time by ordinance

fix an annual salary for the sealer of weights and measures of such

town or city, and in such case said fees received by him shall be paid

over by him to the town or city treasurer, at the time or times prescribed by any ordinance of such town or city. Sec. 15 (1893). TJnlawful weights, etc., are proMbited and may be

seized; duty of sealers.—No person engaged in the trade of buying

and selling shall have or permit to be kept at his place of business

or upon any cart, wagon or other vehicle used by him in carrying on his business, any weight, measure or balance of whatever description which is not at the time duly sealed in accordance with this

chapter, or which, having been sealed, is no longer correct. If such

weights, measures or balances can be readily adjusted by such means

as the sealer has at hand, he may adjust and seal them; but if they

cannot be readily adjusted, he shall either seize such weights, measures and balances forthwith and destroy them, or shall afiix to the same a notice forbidding their use until he is satisfied that they have

been so adjusted as to conform to the standards; and whoever

removes said notice without the consent of the officer affixing the same, shall for each offense be fined not less than twenty nor more

than fifty dollars, one-half to the town or city and one-half to the

use of the complainant.

See. 16 (al902). Penalty for use of weights not sealed, and for altering

weights, etc., after same have been sealed; penalties.—Every person

engaged in the trade of buying and selling, or of selling, or as a public weigher, who shall use or permit to be used for him, or have

in his possession at his place of business, or upon any cart, wagon,

or other vehicle which is used by him in carrying on his business, or upon his person while engaged in his business, any weight, measure, balance, or scale of whatever description, unless such weight, measure, balance, or scale shall have been duly sealed in conformity
714 LAWS CONCEEliriNG WEIGHTS AlTD MEASUEES

with the provisions of this chapter, and every such person who alters any weight, measure, balance, or scale after it has been duly sealed, so that it does not conform to the United States standard, or has

in his possession any such weight, measure, balance or scale, which

has been so altered, and every such person who shall use or permit

to be used for him, or have in his possession, as aforesaid, any weight, measure, balance, or scale which he has refused to allow to be examined or sealed b}'- the sealer of weights and measures, or deputy

sealer, according to the provisions of this chapter, or who shall use or permit to be used for him, or have in his possession any springbalance having a sliding or adjustable face-plate or index, or any

measure not made of the shape or dimensions required by law,

shall be fined the sum of twenty dollars for each offense, one-half

thereof to the use of the town or city in which the offense shall have

been committed, and one-half thereof to the complainant.

Sec. 17 (1912). Penalty for fraudulent sale by weight or measure.

Whoever, himself or by his servant or agent or as the servant or agent of another person, is guilty of giving false or insufficent

weight or measure shall for a first offense be punished by a fine of

not more than fifty dollars, for a second offense by a fine of not more than two hundred dollars, and for a subsequent offense by a

fine of fifty dollars and by imprisonment for not less than thirty nor more than ninety days.

Sec. 18. Hay scales and platform balances.—Every person who shall keep hay-scales or platform-balances for public use shall cause the same to be tried and sealed at least once in six months by a sworn

sealer of weights and measures.

Sec. 19. Penalty for using same if not sealed.—Every person who

shall keep hay-scales or platform-balances for public use, or shall

weigh or suffer to be weighed in such scales or balances any article

of merchandise, unless such scales or balances shall have been tried

and sealed as proWded in the preceding section, shall be fined one hundred dollars.

Sec. 20. Who to seal same, if the office of sealer is vacant.—Whenever the owner or keeper of such hay-scales or balances shall apply

to the mayor of the city or president of the town council, as the case may be, or to any person by him appointed for the purpose in any

town or city in which the office of sealer of weights and measures

shall from any cause be vacant, to try such scales or balances, and

to seal the same if found correct, such mayor, president or persons

so appointed shall try such scales or balances and seal the same if found correct; and in case of his neglect so to do, such owner or keeper shall be exempt from the fine prescribed in the next preceding

section.

Sec. 21 (al899). Weighers of coal and other merchandise, how ap- pointed; their duties.—The town councils of the several towns and

the boards of aldermen of any city shall appoint one or more persons

to be weighers of coal and other articles of merchandise, who shall be sworn and be removable at the pleasure of the town council or board of aldermen appointing them, and shall receive such fees

as may be fixed by the town council or board of aldermen of the

several towns or cities, which shall be paid by the seller : Provided^

That no person shall act as a public weigher of coal or other mer-
EHODE ISLAND 715

chandise of which he is either the buyer or seller, or in the sale

whereof he has any interest.

Sec. 22. Penalty for selling of coal or other merchandise unweighed,

when.—Every person who shall sell coal or other merchandise without its being first weighed by a weigher provided for in section

twenty-one of this chapter, when the same shall be demanded by the

purchaser, and procuring a certificate of such weight for the purchaser, shall be fined twenty dollars for each offence.

Sec. 25 (al900). Legal weight of certain commodities; weight of bushel; barrel; net ton; gross_ton.—The legal weights of certain commodities in the

bushel of —

State of Rhode Island shall be as follows: A

Apples

Apples, dried Apple seed Barley Beans

Beans, castor Beets Bran Buckwheat

Carrots Charcoal

Clover seed Coal

Coke

Corn, shelled Corn, in the ear Corn meal

Cottonseed, upland

Cottonseed, sea-island. Flaxseed Hemp

Hungarian seed Lime

Pounds48

25

40

48

6046

50

20

48

50

20

6080

4056

70

50

3044

5644

50

70

Malt

Millet seed.. Oats Onions

Parsnips

Peaches

Peaches, dried Peas

Peas, split Potatoes

Potatoes, sweet Rye

Rye meal

Salt, fine

Salt, coarse Timothy seed

Shorts Tomatoes

Turnips

Wheat

A barrel of flour shall contain. A ton of coal, net

Pounds3850

3250

50

48

3360

60

60

54

56

• 5050

70

45

2056

50

60 196

. 2, 000 A ton of coal, gross 2, 240

Sec. 26 (1899). Sealers shall be ex-of&cio constables; may arrest without warrant.—The State sealer of weights and measures and the city

and town sealers of weights and measures in the various cities and

towns throughout the State, shall be, by virtue of their respective

offices, special constables, and as such they shall have power to prosecute all persons violating the provisions of this chapter, and

shall not be required in such prosecutions to furnish any surety for

costs. They shall also have power to arrest upon view without

warrant and to detain for a period of not more than twelve hours

any person found violating any of the provisions of this chapter.

Sec. 27 (1916). Legal bushel box for farm products.—A box which

shall measure on the inside thereof seventeen and one-half inches by

seventeen and one-half inches in length and width, and which on the

inside thereof shall measure seven and one-sixteenth inches in depth,

measured from the highest part of the bottom thereof, is hereby declared to be a legal bushel box for the sale of farm produce. A box

which shall measure on the inside thereof thirteen by thirteen inches

in length and width and which on the inside thereof shall measure

^ In the original act the words " a bushel of " appeared before the name of each

article ; the words " shall weigh " appeared after the name of the article, and the word

" pounds " appeared Immediately after the figures of weight in each case. The arrange- ment adopted here is for convenience in printing.
716 lAWS CONCEBNING WEIGHTS AND MEASUKES

six and one-sixteenth inches in depth, measured from the highest

part of the bottom thereof, is hereby declared to be a legal halfbushel box for the sale of farm produce. All bushel boxes of the di- mensions specified by this section shall be marked in letters not less than one inch in height with the words " Standard bushel for farm

produce." All half-bushel boxes of the dimensions specified by this

section shall be marked in letters not less than one inch in height

with the words " Standard half-bushel for farm produce."

Sec. 28 (1922). Gasoline-measuring devices to be tested; town or city

sealer may condemn measuring device until tried and sealed or properly

equipped; fee for testing.—The State sealer of weights, measures, and

balances is hereby authorized and directed to have tested all gaso- line-measuring devices used in the sale of gasoline, from time to time as in his judgment it may be deemed necessary, to prevent fraud

or deception in the use of such devices or to insure the accurate measurement of gasoline in such sale. Any town or city sealer of

weights, measures, and balances shall have authority to condemn and

forbid the use of any gasoline-measuring device for the sale of gasoline in his respective town or city, or until such device has been duly

tried and sealed, or until such gasoline-measuring device has been

equipped with such attachment, contrivance or apparatus as will

insure the correct and proper functioning of such measuring device

for the sale of said gasoline by accurate measurement. For the* testing and sealing of a gasoline-measuring device a fee of fifty cents

shall be paid.

Sec. 29. Five-gallon measure, properly tested, to be kept for use at each garage or gasoline station; measure to be used upon request.—Any

person, firm or corporation selling or vending gasoline from a gasoline station, so called, or from a garage, shall keep for use at such

gasoline station or garage a five-gallon measure which has been

properly tested and sealed by the sealer of weights, measures, and

balances of the town or city in which the gasoline station or garage

is located. Upon the request of any purchaser of gasoline, the per- son selling such gasoline shall, in the presence of the purchaser, use such gasoline measure in the sale of such gasoline.

Sec. 30. Five-gallon measure, properly tested, to be used when seal of gasoline measuring device is broken.—Whenever it becomes necessary

in the repairing of any gasoline measuring device to break the seal of said gasoline measuring device, it shall be the duty of every person, firm or corporation selling or vending gasoline at a gasoline

station or garage to use a five-gallon measure which has been properly tested and sealed, until such time as the said gasoline measuring

device shall have been repaired and properly tested and sealed by

the sealer of weights, measures, and balances of the town or city in

which the gasoline station or garage is located.

Sec. 31. State sealer to furnish a five-gallon measure to each town or

city sealer; measure to be used exclusively for testing and sealing.—The

State sealer of weights, measures, and balances shall furnish to the

sealer of weights, measures, and balances of each town and city one

five-gallon liquid measure, to be paid for by the respective town or

city. Each measure before being used for the purpose described in

this and the two preceding sections shall be tested and sealed by the

State sealer of weights, measures, and balances to have a capacity
KHODE ISLAND 717

of five gallons liquid measure according to the United States standard. Such measure after being so tested and sealed shall be used

exclusively for the purpose of testing and sealing all measuring devices used in the sale of gasoline.

Sec. 32. Penalty for use of gasoline-measuring device wlien untested

and unsealed, etc.—Every person who shall use or cause to be used

any gasoline measuring device without first having the same tested

and sealed by the town or city sealer of weights, measures, and bal- ances wherein the said gasoline measuring device is located, and

every person who shall use or cause to be used any gasoline measuring device after the same has been condemned by any town or city sealer of weights, measures, and balances and before the same has

been again tested and sealed shall be deemed guilty of a misde- meanor and shall be fined not exceeding fifty dollars for each offense. Public Laws, 1923, ch. 2368, p. 181,

Sec, 1. Coal or coke, how to be sold; ton.—All coal or coke shall be

sold by weight and except when sold by the cargo or carload, two

thousand pounds avoirdupois shall be the standard for the ton. Coal

and coke in quantities of less than one hundred pounds per unit shall be sold in bags, baskets or other vessels or receptacles; said bags,

baskets, vessels or receptacles shall be plainly marked in solid letters, at least one inch in height, stating thereon the weight of coal or

coke therein contained, the name of the dealer putting up the same,

together with the size and kind ; that is, in the case of coal, whether

anthracite or bituminous, and if anthracite or coke, whether egg,

stove, chestnut, range, pea, buckwheat or smaller sizes, or any combination of the aforesaid sizes of anthracite, the sizes and quantities

of each contained in said combination shall be stated: Provided^

however^ That coal or coke shall not be sold in bags, baskets, vessels or other receptacles in units of less than eighteen pounds. A. state- ment signed by the seller or seller's agent setting forth the seller's name, the business address of the seller or the seller's agent, the

name and address of the purchaser, the date of delivery and the kind,

size and weight of said coal or coke, shall ficcompany the delivery

of any anthracite or coke sold to consumers in the State of Rhode

Island in quantities in excess of one hundred pounds and shall be

given to the purchaser or purchaser's agent upon delivery of such

anthracite or coke.

See. 2. Anthracite to be of what quality.—All anthracite sold or

distributed to domestic consumers in this State shall be of the same

preparation and quality as fresh mined merchantable coal, as determined by the commissioner of labor, hereinafter termed the commissioner.

Sec, 3. Commissioner of labor or his agents may inspect coal, and prohibit sale or distribution.—The commissioner by himself or by his

authorized agents may enter each place where coal is stored or kept

for sale and each railroad train or car or any vehicle used for its conveyance and may inspect said coal or take therefrom fair and

proper samples for analysis or inspection, one-half of said sample

to be retained by the owner or owner's agent. Said commissioner

may cause any sample taken to be analyzed, inspected or otherwise

satisfactorily tested and shall record and preserve as evidence the
718 LAWS CONCEENHfTG WEIGHTS AND MEAST7BES

results thereof. If, in the opinion of said commissioner, upon in- spection, analysis or satisfactory test, said coal is not of a merchantable quality, said commissioner may prohibit the sale or distribution of such coal and cause the same to be disposed of as may

be directed by him.

Sec. 4. License for sale of coal or coke to be obtained; licensee to furnish, evidence of possession of facilities; wagon to be marked and license displayed.—Except as herein otherwise provided, it shall be unlawful

for any person, firm or corporation to physically handle coal or coke

for sale without first obtaining a license for such purpose from the

commissioner. Every licensee shall furnish the commissioner with

satisfactory evidence of the possession of proper facilities for weighing and distributing coal or coke. Every wagon or other vehicle

used by a licensee in the sale or delivery of coal or coke shall be

marked in such manner as the commissioner may require and each

licensee shall display his license in a conspicuous manner at his

place of business.

Sec. 5. Class of licenses.—There shall be two classes of said licenses, as follows: First class—Authorizing the licensee or his servants or agents to sell and deliver or distribute coal or coke in any quantities

in any part of the State at wholesale or retail. The fee for each

license of the first class shall be ten dollars. Second class—^Authorizing the licensee or his servants or agents to sell and deliver or dis- tribute coal or coke in less than one hundred pound units, at wholesale or retail, and to deliver the same in any city or town for which

he is licensed. The fee for each license of the second class shall be

two dollars for each city or town for which such license is issued:

Provided^ however, That any retail dealer in coal or coke put up in

bags, baskets, vessels or other receptacles, upon approval of the commissioner, may sell and deliver or distribute such coal or coke in more

than one city or town from one fixed place of business.

Sec. 6. Eecord of licenses to be kept; to be open to public inspection.

The commissioner shall keep a record of all licenses granted by him

under the provisions of this act with the number of each, the name,

residence, and business, address of the licensee, and the cities and

towns for which such licenses are issued. Such records shall be open

at any time to public inspection. Each license sliall bear the date of

the day upon which it is issued, shall continue in force for one year

from that date unless revoked by the commissioner, and may be

renewed on payment of the prescribed fee.

Sec. 7. License may be suspended or revoked.—Any license issued

under the provisions of this act may be suspended or revoked at any

time by the superior court, after due hearing, upon complaint in

such form as it may require, for using or giving false or insufficient weight, or for any other just or sufficient reason.

Sec. 8. Commissioner may make rules and regulations.—The commissioner may make such rules and regulations as may be necessary to carry out the provisions of this act, and may employ an inspector and

such office assistants as may be necessary for the enforcement of this

act, and all moneys received by him under the provisions of this act

shall be turned over to the general treasurer for the use of the State.

Sec. 9. Penalties.—Whoever violates any provision of section four

of this act, or whoever refuses or fails to comply with any request for
RHODE ISLAND 719

information desired by the commissioner for the purpose of carrying out the provisions of this act, or gives a false answer to any such

request shall be punished by a fine of not more than fifty dollars;

and whoever is guilty of fraud or deceit in the weighing, selling or

delivering of coal or coke, or whoever wilfully, by himself or his

servant, agent or employee sells or delivers or distributes coal or coke which does not comply with sections one and two of this act, shall be punished by a fine of not less than one hundred dollars or more than one thousand dollars and whoever is convicted of a second

offense shall be punished by imprisonment not exceeding thirty days.

The commissioner shall cause this act to be enforced and said commisioner shall not be required to enter into any recognizance or to give surety for costs in any proceedings under this act.

See. 10. Appeal by person aggrieved.—Any seller of coal or coke,

aggrieved by any provisions of this act, may appeal therefrom to any justice of the superior court, and such appeal shall operate to stay any such provisions until final determination thereon.

Sec. 11. Invalidity of any part of this act not to affect the remainder.

If any clause, sentence, paragraph or part of this act shall for any

reason be adjudged by any court of competent jurisdiction to be

invalid, such judgment shall not affect, impair or invalidate the

remainder thereof, but shall be confined in its operation to the clause,

sentence, paragraph or part thereof, directly involved in the contro- versy in which such judgment shall have been rendered.

Sec. 13. Repeal.—Sections 23 and 24 of chapter 194 of the general

laws, as amended by chapter 374 of the public laws, passed at the

January session, A. D. 1909, are hereby i-epealed and this act shall

take effect upon its passage.

Gen. Laws, 1923, ch. 168, p. 725.

Sec. 6 (al914).—A drug or an article of food, or an article which

enters into the composition of food, shall be deemed to be misbranded: * * * That for the purposes of this chapter an article shall also be

deemed to be misbranded ; * * * In the case of food: * * * Second. If in package form, the quantity of the contents be not

plainly and conspicuously marked on the outside of the package in

terms of weight, measure or numerical count: Provided, however,

That reasonable variations shall be permitted and tolerances and

also exemptions as to small packages shall be established by rules

and regulations made in accordance with the provisions of section 12

of this chapter.

Public Laws, 1825, ch. 683, p. 260.

Sec. 1. Superintendent of weights and measures for the city of Providence, how elected; duties, etc.—The city council of the city of Providence in convention is hereby authorized and empowered to elect a superintendent of weights and measures, who shall hold office ex

officio the offices of sealer of weights and measures, inspector of

kerosene, city ganger, city weigher, and surveyor of lumber. Said

city council may impose upon the superintendent of weights and

517—27 46
720 LAWS CONCEBNLN'G WEIGHTS AND MEASUEES

measures such other and further duties not inconsistent herewith as

it may deem proper. Said city council is also authorized and em- powered to provide for one or more deputies in and for the offices above enumerated, assigning to and distributing among any or all of such deputies in its discretion any or all of the powers and duties

vested in said officers. Gen. Laws, 1923, eh. 50, p. 278.

Sec. 1°. Town officers to be chosen.—The electors in each town shall

annually, on their town election days, choose and elect as many town

officers as by the laws of the State are or shall be required; that is to say, * * * a town sealer of weights and measures, * * * one or more corders of wood, one or more packers of fish * * * one sealer of leather * * * gangers of casks and all such other

officers as by law are required in such town and as each or any town

shall have occasion for, * *

*

Gen. Laws, 1923, ch. 51, p. 282.

Sec. 19°. Powers of town council; assize of bread.—They make ordi- nances, by-laws and regulations for settling the assize of baker's

bread in their respective towns, not contrary to the laws of the

State : Provided^ That the penalty for any breach of the same shall not exceed five dollars, or the forfeiture of the bread not made in

conformity thereto. Gen. Laws, 1923, ch. 394, p. 1684.

Sec. 18 (1898). Falsely assuming' to be a town sealer of weights and

measures.—Every person who shall falsely assume or pretend to be a town sealer of weights and measures, auctioneer, corder of wood or

fence-viewer, and shall act as such, shall be fined not less than twenty

dollars nor more than one hundred dollars. Gen. Laws, 1923, ch. 222, p. 871.

Sec. 1°. Rules for ganging.—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 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 one thousand eight hundred seventeen.

Sec. 2. Fees for gauging; and casks, how branded.—The fees for

sauofing: a single cask shall be twentv-five cents, and for srauging

any number of casks not exceeding ten, ten cents each, and for

any number above ten, seven cents each ; the ganger 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 such cask.

Sec. 3. Penalty for fraudulent gauging.—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 such cask, or who shall exercise the office of gauger or business of gauging, shall forfeit one hundred dollars for each offense ; but nothing contained in this sec-
BHODE ISLAND 721

tion 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.

Sec. 4. Penalty for selling by unofficial gauging.—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 such commodity sold.

Sec. 5, Gangers in Providence, how appointed.—The city council of

the city of Providence may, whenever they deem it expedient, appoint for said citj^ a gauger, who may appoint under him such

deputy-gangers as said city council may approve, and for the offi- cial conduct of such deputies he shall be answerable. Said gangers

shall be subject to such regulations as said city council may establish not repugnant to law.

Sec, 6. Sales by TJ. S. gangers excepted.—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 such commodity.

Gen. Laws, 1923, ch. 187, p. 788.

Sec. 15°. Weight of barrel of beef or pork.—Two hundred pounds

of beef shall be considered and taken as a barrel of beef, and two . hundred pounds of pork shall be considered and taken as a barrel of

pork.

Gen. Laws, 1923, ch. 196, p. 808.

Sec. 1°. Weighers of cotton.—Weighers of cotton may be annually

elected by the city council of the city of Providence, the representative council of the city of Newport and by the town councils of the

several towns respectively.

Sec. 2. All cotton to be weighed.—All cotton sold in the State,

unless otherwise specially agreed, shall be weighed by the Aveighers

so chosen.

Sec. 3. Duties of weighers.—Such weighers 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 same, and

shall make a certificate of each lot of cotton, which certificate shall specify the marks, numbers and weight of each bale.

Sec. 4. Fees of weighers.—Such certificate shall be given to the

seller of the cotton, and the weigher shall be paid for weighing

and marking the same, on the delivery of the certificate, eight cents per bale; and for every duplicate certificate of not exceeding one hundred bales, fifty cents, and fifty cents for every additional one hundred bales. Gen, Laws, 1923, eh. 197, p. 809.

Sec. 1°, Sewing-thread, how labeled or ticketed.—Every manufacturer of sewing-thread or person engaged in putting up thread on

spools or in packages intended for sale shall, before the same is offered for sale, affix to each spool or package a label or ticket designating the number of yards of thread which such spool or package

contains.

Sec. 2, Penalty.—Every such person who shall purposely neglect

to affix such label to each spool or package of thread or shall, with
722 lAWS CONCEBNING WEIGHTS AND MEASURES

intent to deceive, affix or cause or suffer to be affixed a label or ticket

to any spool or package of thread intended for sale specifying that

such spool or package contains a greater number of yards of thread

than such spool or package contains, shall forfeit the sum of fifty

dollars for each spool or package so without a label or falsely labeled

which shall be sold or be delivered by him to any person to be sold,

one-half thereof to the use of the State and one-half thereof to the

use of the person who shall sue for the same.

Gen. Laws, 1923, ch. 51, p. 282.

Sec. 5°. Powers of town councils; appointment of weighers of neat

cattle.—The town councils of the several towns and cities shall,

annually, in the month of April, appoint—the board of aldermen of

Providence, not less than six; of Newport, not less than three; and

the town councils of all other towns, not less than two persons, for

the purpose of weighing neat-cattle slaughtered for sale in their

respective towns.

Gen. Laws, 1923, ch. 201, p. 814.

Sec. 1°. Weighable parts of neat cattle.—The following parts of all

, neat-cattle purchased by the hundred-weight or slaughtered by any

person, such person having contracted to account for the same to the owner or seller of the same, shall be denominated " weighable "

;

namely, the whole of the several four quarters, the hide, horns and

tallow.

Sec. 2. Penalty for not so weighing and accounting for such parts.

Every person slaughtering or weighing any neat-cattle and being

obliged to account for the same to the owner or seller thereof as aforesaid, who shall not weigh and account for all those parts of

such cattle denominated weighable as aforesaid, shall forfeit for

every offense twenty dollars.

Sec. 3. Town weighers.—The town weighers of neat-cattle shall

weigh all parts of such cattle made weighable by section one of this

chapter, deducting therefrom for green weight not more than two

pounds for every hundred pounds of the weight thereof.

Sec. 4. Fees of weigher.—The fees of such weigher shall be twentylive cents per head for all cattle weighed, one-half part of which

shall be paid by the seller and one-half part thereof by the buyer.

Gen. Laws, 1923, ch. 202, p. 814.

Sec. 1°. Butter tubs to be branded with weight, etc.—Every person

who shall make or bring into the State any butter firkins or tubs

shall brand or mark each one of the same with the weight thereof

and with the initial letters of his name, in a plain and durable manner, before he offers the same for sale.

Sec. 2. Sale without brand prohibited.—No person shall offer for sale any butter by the firkin or tub unless each firkin and tub shall be

branded or marked as aforesaid.

Sec. 3. Penalty.—Every person who shall offer for sale any butter

firkin or tub before the same shall be marked or branded as required

m section one of this chapter, or any butter by the firkin or tub, in

any firkin or tub not marked or branded as aforesaid, or in any

firkin or tub wliich shall weigh more than the mark or brand on it, allowing two pounds additional for the brine absorbed by the same,
EHODE ISLAim 723

shall forfeit five dollars, unless there shall be a special contract in

relation to the kind, quantity and quality of the article sold.

Sec. 6. Weight of a bushel of potatoes.—In the sale of potatoes by

weight, the same shall be estimated at and after the rate of sixty

pounds per bushel.

Sec. 7. Weight of a bushel of onions and root crops.—In the sale of

onions and of all other root-crops by weight, the same shall be esti- mated at and after the rate of fifty pounds per bushel.

Sec. 8. Nuts, shelled beans, and berries to be sold by dry measure; penalty.—Nuts and shelled beans and ail kinds of berries, whenever sold

by measure shall be sold by dry measure. And any person who shall

sell any nuts or shelled beans or any kind of berries by any measure

other than dry measure shall be fined not exceeding twenty dollars,

one-half thereof to the use of the town or city in which the offense

shall have been committed and one-half thereof to the complainant.

Sec. 10 (1916).—It shall be the duty of the board of food and drug

commissioners to prosecute any person, firm or corporation violating

any of the provisions of this chapter, and any such commissioner

making such complaint shall not be required to give surety for the

payment of costs. Gen. Laws, 1923, ch. 203, p. 817.

Sec. 1 (al915)- Milk to be sold by standard wine measure; purchaser

may have recourse to town sealer, when; State sealer may license manufacturer to seal receptacles, when; receptacles, how to be sealed; license may be revoked ; such sealing not to authorize use as legal measures ; tol- erance on glass bottles and jars.—All milk, cream, and skimmed milk

shall be sold only by standard wine measure, and by or in measures,

cans, jars, bottles, or other vessels or receptacles which shall, prior

to being used in such sale, be sealed by the manufacturer thereof

as hereinafter provided, or by the sealer of weights and measures

of the town where the person so using the same shall usually reside

in this State, or of the town where such milk shall be sold for use; and every person selling any of the same contrary to this section or delivering any of the same sold contrary hereto, shall be fined for

the first offense not less than twenty dollars and not exceeding fifty

dollars, and for any subsequent offense not less than fifty dollars, or imprisonment not to exceed sixty days or both such fine and imprisonment. Any purchaser of milk, cream, or skimmed milk, having reason to believe that any measure, can. Jar, bottle, or other

vessel or receptacle in which milk, cream, or skimmed milk is sold

and delivered to him is not of sufficient size or capacity to contain,

by standard wine measure, the amount thereof purchased, may apply to the sealer of weights and measures of the town in which such

milk, cream or skimmed milk is delivered to him, which sealer shall,

upon receipt of a fee of twenty-five cents therefor, test the capacity

of the same and issue to such purchaser his certificate stating the

capacity thereof; and if such capacity according to such certificate shall be less than the amount purchased such purchaser may make

complaint and deliver such certificate to any officer of such town

authorized to make complaints for the violation of this chapter,

who thereupon shall duly make complaint against and prosecute

the person or persons selling or delivering the same, for violation
724 LAWS CONCEENING WEIGHTS AND MEASUBES

of this section. Upon the application of a manufacturer of a can,

jar, bottle or other vessel or receptacle to be used in the sale of milk, cream or skimmed milk, the State sealer of weights, measures and

balances may ^ssue a license to such manufacturer to seal any such

can, jar, bottle, or other vessel or receptacle for use in this State. All such cans, jars, bottles, or other vessels or receptacles shall be

sealed by the manufacturer thereof in such manner and in accord- ance with such regulations as the State sealer of weights, measures and balances may prescribe and shall be marked with the name,

initials, or trade-mark of the manufacturer, and by any other mark

which the State sealer of weights, measures and balances may re- quire. The State sealer of weights, measures and balances may re- voke any such license at any time after giving the manufacturer

holding such license ten days' notice of the proposed revocation.

The sealing of any such can, jar, bottle, or other vessel or receptacle

by a manufacturer shall not authorize the use of the same as legal measures nor shall any such sealing be held to affect the provisions

of law relating to the giving of false measure, or the using of a

false measure, or the having in possession a false measure with in- tent to use the same: Provided, howeoer. That the wine measure as defined in this section shall permit a variation of one-half an oimce

in the contents of glass bottles or jars. Gen. Laws, 1923, ch. 206, p. 831.

Sec. 1°. Dimensions of a cord of firewood.—All firewood offered for

sale by the cord shall measure in quantity equal to a cord of eight

feet in length, four feet in width and four feet in height, including

one-half of the kerf and be well stowed and closely laid together.

Sec. 2. Fees of corders of wood.—Every person chosen by a town to be a corder of wood shall receive for cording and measuring not

exceeding twelve cents per cord, to be paid by the purchaser of such

wood.

Sec. 3. Penalty for fraud in sale of firewood—Every person who

shall sell any firewood hj the cord in any quantity not well stowed

and closely laid together, or who shall fraudulently and falsely

represent any quantity of firewood by him offered for sale to be a greater quantity', or wlio shall sell the same for a greater quantity,

than it shall actually measure, or who shall otherwise cormnit any

fraud in the sale thereof, shall be fined twenty dollars.

Sec. 4. Charcoal baskets.—Every basket used in measuring charcoal

brought into any town for sale shall be of the following dimensions

to wit, nineteen inches in breadth in every part thereof, and seventeen and one-half inches deep, measuring from the highest part of the bottom of the basket perpendicularly to a level with the top of the

basket.

Sec. 5. Baskets to be sealed; and well heaped.—Every basket shall be sealed by the sealer of weights and measures of the town where

the person so using the same shall usually reside, or of the town where

such coal shall be so measured for sale, and shall also be well heaped.

Sec. 6. Penalty for sale by unlawful baskets.—Every person who

shall measure charcoal offered for sale in any basket of other dimensions than as aforesaid, or not sealed as aforesaid, shall be fined

twenty dollars.
RHODE ISLAND 725

Sec. 7. Unlawful baskets to be seized, and users to be prosecuted.—The

town councils of the several towns may appoint, as occasion may

require, some suitable person or persons to seize and secure, within

their respective towns, all baskets used for measuring coal that shall not be of the dimensions aforesaid, and sealed as aforesaid, and to prosecute every person who shall be guilty of any violation of any

of the provisions of this chapter; but no person shall be obliged to measure charcoal, where the quantity shall be agreed on by the buyer

and seller. Sec. 8. Dimensions of a basket for sale of kindlings; baskets to be

heaped; cord defined.—All short-wood or kindling-wood sold by the

basket shall be sold and delivered in baskets of the following dimensions, to wit: Twenty-one inches in diameter at the top under the

hoop, thirteen inches in depth, measured from the highest part of the

bottom thereof, and seventeen inches in diameter at the bottom. Such

baskets in selling shall be well heaped; and shall be sealed by the

sealer of weights and measures of the town or city where the person

so using the same shall reside, or of the town or city where such fire- wood shall be offered for sale. Forty-eight baskets of said dimensions shall constitute one cord of sawed wood.

Sec. 9. Penalty for sale by unlawful baskets.—Every person who

shall sell or deliver any short-wood or kindling-wood in any basket

not sealed, or of other dimensions than as provided in the preceding

section, shall be fined twenty dollars.

Sec. 10. Unsealed baskets to be seized and unlawful use of prose- cuted.—The town or city sealers of the several cities and towns, and

such persons as the town councils of the several towns may appoint,

shall seize and secure all baskets used for measuring coal, short-wood, or kindling-wood, that shall not be sealed, or shall not be of the

dimensions provided by law, and prosecute every person who shall be guilty of any violation of the provisions of the laws defining the

size of such baskets.

Sec. 11. Penalty for sealing an unlawful basket.—Every sealer of

weights and measures who shall seal any basket not being of the lawful dimensions, shall be fined twenty dollars. Gen. Laws, 1923, ch. 209, p. 835.

Sec. 1°. Pressed hay or straw to be weighed and marked before delivery, how.—Before any hay or straw pressed into bundles shall be

delivered to any purchaser within the State the same shall be

weighed by some town weigher and the tare for wood and other

bindings about the said bundles, as nearly as the same can be ascer- tained without unbinding the same, shall be deducted therefrom, and

the gross weight of such bundle with the tare ascertained as aforesaid and the said weight of the hay or straw therein shall, in legible

figures with the initials of the weigher, be marked upon some board

or wood attached to each bundle of hay or straw.

Sec. 2. Penalty for fraud in making up bundles of hay or straw.

Every person who shall put into or conceal in any bundle of hay

or straw any wet or damaged hay or other material or hay of an

inferior quality to that which plainly appears upon the outside of

such bundle or who knowingly offers for sale or sells any bundle of

hay as merchantable in which there is concealed any such wet, dam-
726 LAWS CONCEBNING WEIGHTS AND MEASUEES

aged or inferior hay or other material shall be deemed guilty of a misdemeanor.

Sec. 3. Penalty for violations of this chapter.—Every person violating any of the provisions of this chapter shall be fined twenty dollars

and forfeit one himdred dollars, one-half thereof to the use of the

town and one-half thereof to the use of the person who shall sue for

the same. But nothing herein contained shall be so construed as

to apply to the sale of hay and straw sold by the producer thereof

for consumption and not to be resold, nor to prevent the purchase of

commodities by a standard weight expressly agreed on by the parties. Gen. Laws, 1923, oh. 195, p. 806.

Sec. 1°. Measurers, how to be elected.—The towns of Bristol, Warren,

Warwick, 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 said towns respectively not exceeding two 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 such measurers for said cities. Sec. 2. Measurers may appoint deputies and employ assistants.—Such

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.

Sec. 3. Duties of measurers.—The measurers shall measure or cause

to be measured in their presence, and shall certify the measure, of

aU corn, rye, oats, barley and other grain and salt imported into such

town from without the limits of the State, which shall be sold and

delivered from any vessel or water-craft or any railroad-car in said

town, in any quantity exceeding twenty-five bushels at one sale, to one person or company.

Sec. 4. Weight of bushel of Indian corn and rye, Indian meal and rye

meal.—In the sale of Indian corn and rye the same shall be esti- mated at the rate of fifty-six pounds to the bushel, barley at the

rate of forty-eight pounds to the bushel, and oats at the rate of

thirty-two pounds to the bushel. In the sale of Indian meal or rye

meal by weight, the same shall be estimated at the rate of fifty

poimds to the bushel. Every person who shall sell a less number

of pounds for a bushel shall be fined ten dollars.

Sec. 5. Compensation of the measurers.—The measurers shall receive

as compensation, for every bushel of grain or salt aforesaid by them

measured and certified, where the same shall exceed one hundred

and fifty bushels, one-half of one cent per bushel, and for any quantity less than one hundred and fifty bushels, one cent per bushel, to be paid by the vendor upon the tender of the certificate of the measurers, the vendor charging one-half 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 per bushel for

measuring whenever the quantity shall exceed one hundred and fifty

bushels, delivered from the same vessel or any car.

Sec. 6. Duties and fees in case of dispute.—The measurers or their

deputies shall measure and certify as aforesaid in all cases of sale and

delivery of said articles in the towns where they are appointed, in

quantity aforesaid, from any store or other places of selling in said

towns, whenever a dispute shall arise between the seller and pur-
RHODE ISIiAND 727

chaser, if called on for that purpose by either party, for which duty

they shall receive the same compensation, and payable in like manner,

as hereinbefore provided.

Sec. 7. Penalty for the sale of grain or salt without measurement and

certificate.—Every person who shall sell and deliver from any vessel, water-craft or railroad-car in said towns any such grain or salt in

a quantity exceeding twenty-five bushels, at one sale and delivery,

without having the same duly measured and certified as aforesaid

by one of the said measurers, or shall refuse to permit a measurer or deputy to measure such articles when sold from any water-craft or

railroad-car, shall forfeit fifty dollars for each offense, one-half

thereof to the use of the person who shall sue for the same and one- half thereof to the use of the town where the offense shall be committed.

Sec. 8. Penalty on measurer for neglect of duty.—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

fees therefor, refuse or neglect so to do, shall forfeit ten dollars for

each offense, one-half thereof to the person who shall sue therefor

and one-half thereof to the use of the town where such neglect

occurred.

Sec. 9. Sales regulated by contract for measure or weight.—Nothing

in this chapter shall be so construed as to apph' to or affect the sale,

delivery or measuring of any of the articles aforesaid, in the sale whereof it shaU have been contracted by the seller and purchaser that

the same shall be sold and delivered at custom-house measure, the same being measured under the inspection of a custom-house in- spector, or to the sale of grain where the contract is that it shall be

delivered by weight.

Gen. Laws, 1923, ch. 192, p. 803.

Sec. 1°. Hogshead-hoops.—All hoops made or brought into any town

in the State and offered for sale as hogshead-hoops shall be at least one-half thereof eleven feet and a half in length, and the other half

not less than ten feet in length; and all those offered for barrelhoops shall hold out one with another at least seven feet and a half

in length, and be of such size and substance as shall be sufficient for locking at the small end and be otherwise suitable for immediate

working.

Sec. 2. Duties of inspectors.—Inspectors of hoops shall view all hoops that may be offered for sale in or exported from this State.

Sec. 3. Defective hoops to be condemned and sold; proceeds, disposed

of in what manner.—Wlienever they shall inspect any hoops so

offered for sale or to be exported, and shall find that the same fall short in the length aforesaid, or are not of such size and substance

as by this chapter is required, such hoops shall be condemned and sold

at auction by the officer who shall inspect the same, within twentyfour hours after giving notice to the owner thereof; and one quarter part of the money arising from the sale shall be applied to the use of the town where they shall be sold, and the remainder, after

paying imto the inspector of such hoops his fees, shall be returned

to the owner.

Sec. 4. Hoops to be put up into bundles; if deficient, to be condemned

and sold; and proceeds, how disposed of.—All hoops shall be put up
728 liAWS COITCEBNIKG WEIGHTS AND MEASUEES

in bundles, to contain twenty-five each, and be sold by net hundreds; whenever the officer inspecting shall find any fraud in the

bundles by their not containing the full number, every such bundle

shall be condemned as forfeited, to be sold by the inspector in manner

aforesaid; the money, after paying the inspector his fees, shall bt

by him lodged in the town treasury of the town where they are sold; for the use of the town.

Sec. 5. Penalty for shipping of lioops not surveyed.—Every person

who shaU ship for exportation out of this State any hoops which

have not been duly inspected and allowed to be merchantable agree- ably to this chapter, shall forfeit four dollars for every thousand

hoops so shipped, to be recovered by any inspector of hoops in the

town where they shall be so shipped, one-half thereof to the use of

the State and one-half thereof to the use of the inspector who shall pue for the same.

Sec. 6. Fees of inspectors.—Inspectors of hoops shall receive at and

after the rate of twenty-five cents for every thousand hoops they

i-hall inspect and examine ; and if the hoops shall be adjudged good

and merchantable, the buyer shall pay the same.

Gen. Laws, 1923, oh. 247, p. 973.

Sec. 1. (1899). Concentrated commercial feeding-stuffs, sale of, regulated.—Every lot or parcel of any concentrated conunercial feedingstuff, as defined in section three of this chapter, used for feeding

domestic animals, sold, offered or exposed for sale in this State,

shall have affixed thereto, in a conspicuous place on the outside

thereof, a legible and plainly printed statement stating and truly

certifying the number of net poimds of feeding-stuff contained

therein, the name, brand, or trade mark under which the article is sold, the name and address of the manufacturer or importer, * *

*

Gen. Laws, r923, ch. 246, p. 970.

Sec. 1 (1910). Commercial fertilizers to bear label giving net weight.

Ever}' lot or parcel of commercial fertilizer, or material used for

manurial purposes, excepting the dung of poultry and domestic

animals in its usual condition, sold, offered, or exposed for sale within this State shall be accompanied by a plainly printed label

stating clearly and truly the number of net pounds of fertilizer in

the package, * *

*

Gen. Laws, 1923, ch. 207, p. 833.

Sec. 1°. Measure of fish sold for manure; to be sealed.—Whenever fish are sold by measure for manure they shall be measured in a barrel

or half-barrel, the barrel containing twenty-eight gallons and the

half-barrel fourteen gallons, which shall be sealed by a sealer of

weights and measures.

Sec. 2. Penalty for sealing falsely.—Every sealer of weights and

measures who shall seal any barrel or half-barrel which shall contain

a less quantity than prescribed in the preceding section shall be fined

fifty dollars.

Sec. 3. Penalty for using unsealed measure.—Every person who shall measure any fish sold by the measure in any barrel or half-barrel

not sealed according to the j^rovisions of this chapter, shall be fined ten dollars for each offense.
EHODB ISLAUD 729

Gen. laws, 1923, ch. 190, p. 796.

Sec. 4°. Casks for pickled fish, how filled.—Every cask [of pickled

fish] shall be well seasoned and bound with twelve hoops; casks for

menhaden and herrings shall be of the capacity to hold twenty-eight

gallons, and those for other fish of the capacity, if a barrel, to hold

two hundred pounds, and if a half-barrel, one hundred pounds

weight of fish ; each cask shall be full and the fish shall be sound and

well cured.

Sec. 7. Mackerel, first quality.—There shall be five qualities of

mackerel. Mackerel of the best quality, not mutilated, measuring

not less than fourteen inches from the extremity of the head to the

notch or fork of the tail, free from rust, taint or damage, and that

shall count not more than one hundred and fifty fish to the barrel,

shall be branded on the barrel or covering containing them,

BLOATEES.

Sec. 8. Second quality.—Mackerel of the best quality, not mutilated, being not less than thirteen inches, measured as aforesaid,

free from rust, taint or damage, that shall count not more than

two hundred fish to the barrel, shall be branded NUMBER ONE.

Sec. 9. Third quality.—Mackerel being not less than eleven inches,

measured as aforesaid, free from rust, taint or damage, and that

shall count not more than three hundred and fifty fish to the barrel,

shall be branded NIBIBER TWO.

Sec. 10. Fourth quality.—Mackerel of the next inferior quality,

free from taint or damage, not less than ten inches, measured as

aforesaid, that shall count not more than five hvmdred fish to the

barrel, shall be branded NUMBER THREE.

Sec. 11. Fifth quality.—All other mackerel, free from taint or damage, shall be branded NUMBER FOUR.

Sec. 12. Mackerel are not to be sold without brand of quality.—No

person or persons shall sell or offer for sale any mackerel without

having stamped, upon the barrel or covering containing the same, in a plain and legible manner the quality of said fish as classified above.

Sec. 13. Fishermen excepted.—Nothing in this chapter contained

shall be so construed as to prevent any fishermen or owners of fish,

coming to this State from their fishing-trips, from selling or re- shipping their fish to any other of the United States without being

packed into barrels or half-barrels.

Sec. 14. Penalty for sale of fish not approved and branded.—Every

person who shall offer for sale in or attempt to export from the

State any pickled fish which have not been approved by a sworn

packer, or in casks which are not branded as aforesaid, shall be fined

fifty dollars for each offense.

Sec. 15. Penalty for altering contents of a branded cask, or for imi- tating a brand.—Every person who shall shift any fish from any cask

after the same has been branded by the packer, and shall oner to

sell or export the same from this State, or shall brand any cask

into which the same shall be shifted, or shall brand any cask with

the branding-iron of a packer or with any iron made in imitation

thereof, shall be fined not less than thirty dollars nor more than one hundred and sixty dollars for each offense.
730 LAWS CONCERNING WEIGHTS AND MEASURES

Sec. 16. Penalty for fraud.—Every packer who shall be guilty of

any fraud or neglect in packing any fish contrary to this chapter, or

shall brand any cask not thoroughly examined according to the

provisions thereof, shall be fined fifty dollars for each offense.

Sec. 17. Fees of packers.—The packers of fish shall be paid for

opening, assortipg, inspecting, weighing, pickling, packing, or re- packing, heading-up, nailing, and giving a certificate, if pickled

codfish or mackerel, twenty cents for every barrel and fifteen cents

for everj^ half-barrel by the owner thereof: Provided^ That for all pickled codfish or mackerel which have been inspected in some one

of the United States and which shall not in the judgment of the

packer require repacking, the said owner shall pay to the packer

twenty cents gnly for unheading, inspecting, reheading, branding,

nailing and giving a certificate thereof, and for all other, except

codfish and mackerel, the owner thereof shall pay the packer twentyfive cents for every cask.
SOUTH CAROLINA

Code, 1922, Vol. 3, ch. 37, p. 1070.

Sec. 3559 (1893). Standard.—Weights and measures shall be regulated by the standard fixed by the Congress of the United States.

Sec. 3561. Clerks of court to keep; same to be purchased by the governor.—The clerk of the court of common pleas and general sessions

of each county in this State shall furnish, and is required to keep in

his office, the weights and measures established by law, which shall

be the standards of all other weights and measures in said county,

and to which any person shall have free access to test the same ; and

the governor of the State is authorized and required to purchase such

standard weights and measures out of the fines and forfeitures incurred in their respective counties.

Acts, 1923, Act No. 39, p. 72.

Sec. 1. Standard weights per bushel and barrel.—That the following

shall be the legal and uniform standard of weights and measures in

this State for the sale and purchase of the following-named products

of the farm, orchard or garden, and articles of merchandise, to wit : ^

Apples, green

bushels per barrel. _

^ Apples, greenpounds per busheL _ 50

Apples, dried do 24

Apples, seed do 40

Blue grass, seed do 14 Beans, dried do 60

Beans, green, in pods do 30

Beans, green, in pods

bushels per barrel. . Beans, castorpounds per bushel. _ 46

Beets do 50

Blackberries do 48

Blackberries, dried do 28 Bran do 20 Broom-corn seed do 42 Buckwheat do 50

Barley do 48

Beef, net pounds per barrel.. 200 Cane seed. .pounds per bushel.. 50

Carrots do 50 Cabbage do 50

Cherries, with stems do 56

Cherries, without stems..do 64

Corn, shelled do 56 Corn in ear, shucked do 70

Corn in ear, with shucks. do 74

Corn, green, with shucks. do 100

Corn, green, with shucks

bushels per barrel 23^

Corn, matured, with shucks

bushels per barrel. Corn, pop pounds per bushel. Corn meal, unbolted do

Corn meal, bolted do

Cucumbers do

Chestnuts do

Cement do

Coke do

Charcoal do

Coal, stone do

Canary seed do

Clover seed, red and white

pounds per bushel. Cottonseed do

Cottonseed, long staple do

Cranberries do

Currants do

Flax seed do

Flour pounds per barrel. Fish do

Gooseberries pounds per bushel. Grapes, with stems do

Grapes, without stems do

Horseradish do

Hickory nuts do

Hair, plastering do

Hominy do

Hungarian seed do

Hemp seed do

KaflSr corn do

556

48

48

485080

40

2280

60

6030

30

32

40

56

196 200

48

4860

50

50

862

4844

56

1 A slight change has been made in the arrangement for convenience of reference.

" See footnote, p. 20, relative to the Federal standard barrel. 731
732 LAWS CONCEBNING WEIGHTS AND MEASUEBS

Potatoes, sweet pounds per bushel.. Potatoes, sweet

bushels per barrel.. Peanuts pounds per bushel.. Pork, net.. pounds per barrel.. Quinces, matured

pounds per bushel.

.

Rape seed do

Raspberries do

Rice, rough do

Rye seed do

Redtop do

Rutabagas do

Rye grass, Italian, seed.. do

Rye meal do

Sage do

Salt do

Sorghum molasses pounds per gallon..

Sorghum seed pounds per bushel.. Strawberries do

Salads, turnips, kale do

Salads, mustard, spinach

pounds per bushel.

.

Turnips bushels per barrel.. Turnips pounds per bushel.

.

Tomatoes do

Timothy seed do

Velvet grass seed do

Walnuts do

Wheat do

50

23 200

4850

4844

56

1460

20

50

450

12

50

48

12

122J^ 50

56

45

75060

Land plaster

pounds per bushel. . 100 Lime, unslacked do 80 Lime, slacked do 40

Liquids gallons per barrel.. 42 Melon, cantaloupe

pounds per bushel. . 50 Melon, cantaloupe

bushels per barrel.. 2J^

Millet, German, seed pounds per bushel. . 50

Millet, Missouri do 50

Millet, Tennessee do 50 Orchard grass seed do 14 Osage orange seed do 33

Oats, seed do 32

Onions, matured do 56 Onions, top buttons do 28

Onions, button sets do 32

Parsnips do 50

Peas, dry do 60

Peas, green do 30

Peas, green, in hull bushels per barrel.. Peaches, matured

pounds per bushel.. 50

Peaches, dried do 25

Pears, matured do 36

Pears, dried do 26 Plums do 64

Pie plant do 50

Potatoes, Irish bushels per barrel. . 2]/2 Potatoes, Irish pounds per bushel.. 60

Sec. 2. Produce to have standard weights approved by the U. S. Government.—That any article of produce from garden or farm not

mentioned in section 1, shall be the same standard per bushel, or per

gallon, as adopted and approved by the United States Government

:

Provided further, That all packages of the articles enumerated in

section 1 of this act shall correspond in weight and measures to the

standards fixed in section 1. Sec. 3. Unlawful to buy or sell except by standards provided.—^That

it shall be unlawful to buy or sell any of the products of any farm,

orchard or garden, or articles of merchandise mentioned in section 1, except in strict accordance with the standard weights and measures

provided therein.

Sec. 4. Unlawful to dock any articles.—That it shall be unlawful

to dock any of the articles mentioned in section 1, delivered in good

condition and in marketable form on account of keg or barrel or

other receptacle, without allowing the value of same.

Sec. 5. Unlawful to bag for sale corn meal or grits except by specified weights; contents to be marked; proviso.—It shall be unlawful for

any person or persons to bag for sale, sell or offer for sale in this

State any corn meal or grits, except in bags or packages containing,

by standard weight, two bushels, or one bushel, or one-half bushel, or one-fourth bushel, or one-eighth bushel, respectively; each bag

or package of corn meal shall have plainly printed or marked

thereon whether the meal is bolted or unbolted, the amount it contains in bushels or fraction of a bushel, and the weight : Provided,
SOUTH CAEOLINA 733

The provisions in this section shall not apply to the retailing of

meal or grits except to consumers from bulk stock when priced

and delivered by actual weight or measure.

Sec. 6. Inspection of weights and measiu:es, etc. ; powers of officials.

That it shall be the duty of the commissioner of agriculture, commerce and industries or his duly authorized representatives to inspect

as often as practical all weights, scales, beams, measures of any

kind, instrvmients or mechanical devices for weighing or measuring,

and tools, appliances and accessories connected with any or all such

instruments or measures used in trade in this State. The commissioner or his duly authorized representatives for the purposes above

mentioned, and in the general performance of his duties, without

formal warrant, may enter or go into or upon, any stand, place,

building or premises or stop any vendor, peddler, junk dealer, driver

or [of] coal wagon or ice wagon or the driver of any wagon containing commodities for sale or delivery and if necessary, require him to proceed to some place which the commissioner or his agents may

specify for the purpose of making proper tests. Sec. 7. Weights and measures, etc., may be condemned, seized or de- stroyed, when; may be kept out of use, when; commissioner may issue regulations.—The commissioner of agriculture, commerce and industries or his duly authorized representatives shall condemn and seize

and may destroy incorrect weights and measures and weighing and

measuring devices which in his best judgment are not susceptible of

repair, but any weight, measure or weighing or measuring device

which shall be found to be incorrect, but which in his best judgment

are [is] susceptible of repair, he shall serve a written order upon the

person or persons, firms or corporations in whose possession the

inaccurate device is found forbidding the use of such device, and

shall attach thereto a seal, tag or statement stating the device is condemned. Also, he shall lock the weighing or measuring device

in such a manner that it can not be used. The conmiissioner of

agriculture, commerce and industries, however, may in his discretion

release the weighing or measuring device so condemned and annul

the restraining order when the requirements of the provisions of this act have been complied with. The commissioner is hereby em- powered and authorized to prescribe and issue such regulations as may be necessary for the proper enforcement of this act, and any

person or persons who shall violate any regulation issued by the

commissioner shall be guilty of a violation of this act. The owners

or users of any weights or measures or weighing or measuring devices which have been marked condemned, and upon whom an order

has been served forbidding the use of such weighing device as in this

section provided, may neither use or dispose of the same in any

way, or remove or allow to be moved any seal, tag or statement

attached thereto by a representative of the department of agriculture, commerce and industries without the approval and consent of the

commissioner.

Sec. 8. Possession of weights and measures which have been tampered

with, prima facie evidence of violation of act, when.—Possession of

any weight or measure or weighing or measuring device of any kind

which appears to have been tampered with or altered in any manner

whatsoever, so as to falsify any weight or measure or weighing or measuring device of any kind shall be prima facie evidence of the
734 LAWS COlfCERNING WEIGHTS AND MEASTJEES

fact that it was intended to be used in violation of this act: Provided further^ That any weight or measure or weighing or measuring

device found upon inspection to have been tampered with or altered

in any manner so as to falsify a weight or measure shall be seized

and may be destroyed by the commissioner or his agents acting under

his instructions.

Sec. 9. Refusal of owners to exhibit weights and measures, etc., viola- tion of act.—Any person, who by himself, or his employee, or as a

proprietor or manager^ shall refuse to exhibit any weight, measure

or weighing or measuring device of any kind, or appliance or accessories connected with any or all such devices or measures which is in his possession or under his control, to the commissioner of agriculture, commerce and industries or his duly authorized representatives, for the purpose of allowing the same to be inspected and

examined as in this act provided, who shall hinder or obstruct the

inspector in the general performance of official duties shall be

deemed a violation of this act.

Sec. 10. ITet contents of packages to be marked.—Whenever any of

the commodities within the provisions of section 1 of this act, or any article or merchandise of any kind whatsoever, not specified im

this act are sold, or exposed for sale in packages or containers of

any kind, the net quantity of the contents of the package or container shall be plainly marked, branded, or otherwise indicated on

the outside or top thereof or on a label or tag attached thereto.

Sec. 11. Rules for designating quantity of contents of commodities.

The designation of the quantity of the commodity required in sec- tion 10 of this act shall be in terms of weight, measure or numerical

count, subject however to the following provisions

:

{a) The quantity of the contents so marked shall be the net alnount of food or stuff or other commodity in the package or container.

(5) If the designation is by weight it shall be in terms of avoirdupois pounds and ounces; if the designation is in liquid measure it shall be in terms of the United States gallon of two hundred and

thirty-one cubic inches and its customary subdivisions, i. e., in gallons, quarts, pints or fluid ounces.

(c) The quantity of solids shall be designated in terms of weight

and of fluid in terms of measure, except in case of articles in respect

to which there exists a definite trade custom; in such case the designation shall be in terms of weight, measure, or numerical count, in

accordance with such custom.

{d) The quantity of the contents shall be designated in terlns of

weight or measure, unless the container marked by numerical count,

gives accurate information as to the quantity of the food or other

commodity in the package. When the designation is by numerical

count it shall be in English words or Arabic numerals.

(e) The quantity of the contents may be stated in terms of minimum count, but in such cases the designation must approximate the

actual quantity and there shall be no tolerance below the minimum.

(/) The quantity of viscous or semi-solid foods, or of a mixture

of solids and liquids, may be stated in terms of weight and measure. When products are packed in brine or other preserving fluids, the

weight or measure of such brine or fluids shall not be included in
SOUTH CAEOUNA 735

the weight or Measure of the edible or commodity indicated on the

container.

The provisions of this act shall not apply

(a) To any sale of any commodity within the provisions of this

section when such sale is made from bulk and the quantity is weighed, measured or counted for the immediate purpose of such

sale.(h) To a sale of any container of an ornamental or symbolic

character with which a quantity of some commodity is sold as merely incidental.

(e) To a sale of a commodity in any container of a net weight of

two ounces or less, or of a commodity of any container of a measure two fluid ounces or less, or of a commodity of any container of a numerical count of six or less. (d) To the sale of medicine when prescribed by licensed physician, veterinarian or dentist; or to medicinal or pharmaceutical

preparations or mixtures or two or "more medicinal substances.

Sec. 12. Discrepancy between actual and marked quantity no violation, when.—It shall not be held to be a violation of the provisions

of this act when a commodity in a container is sold, or offered or exposed for sale, and there is a discrepancy between the actual quantity of the commodity in said container and the net quantity of the

contents thereof indicated on the container as here prescribed: Provided, That the seller purchased said commodity in said container,

in good faith relying upon the said indication of the net contents

thereof, and sold said commodity in said container without altering

the contents thereof or the indication of the contents thereof: And

provided, further. That the exeption of this section shall not apply

to any sale unless the container had the name of a packer, manufacturer, wholesaler, or jobber thereon at the time the seller purchased it. Sec. 13. " Person " defined.—The term person used in this act shall

include every person, firm, company, co-partnership, society, asso- ciation and corporation.

Sec. 14. " Container " defined ; proviso.—The term container used in

this act is hereby defined to be any receptacle or carton into which a commodity is packed, or any wrappings with which any commodity

is wrapped or put up for sale: Provided, That where individual

packages or containers, properly labeled to comply with this act, are packed in an outside case or carton for convenience in shipping or handling, the term " container " shall not be construed to include or apply to such outside care or carton. No containers, boxes or

baskets wherein food products or other commodities are packed shall

have a false bottom, or be so constructed as to facilitate the perpetration of deception or fraud.

Sec. 15. Offering or exposing for sale prima facie evidence of violation.—Any person, who by himself or by his servant or agent, or as the servant or agent of another, shall offer or expose for sale, sell for

use, any commodity, package, article or thing, less than the quantity

he represents, then such commodity, package, article or thing shall

be prima facie evidence of the fact that it was intended to be sold, or proof of such shall be deemed a violation of this act. 517—27 47
736 LAWS CONCEENING WEIGHTS AND MEASUEES

Sec. 16. Penalty; each instance separate offense.—Every person, who

by himself or his agent, servant or employee violates or causes or per- mits to be violated any of the provisions of this act shall be guilty

of a misdemeanor and upon conviction shall be fined not less than

$25.00, nor more than $100.00, or shall be imprisoned in the county

jail for a term not to exceed 30 days or by both such fine and imprisonment. Each and every instance shall constitute a separate

offense.

Sec. 17. Standards, which are; to he kept by commissioner of agricul- ture; tolerances established under act to conform to those established by

U. S. Government.—Such weights and measures as have been, or may hereafter be furnished this State, or such weights and measures

as have been or may hereafter be approved by the Government of

the United States shall be kept by the commissioner of agriculture, commerce and industries; and the said weights and measures shall be deemed and taken to be the standard weights and measures, by

which all the weights and measures in this State shall be regulated

:

Provided further^ That all tolerance now in effect or which may

hereafter be established pursuant to the provisions of this act, shall be

the same as now in effect or hereafter may be adopted or approved by

the United States Government.

Code, 1922, Vol. 3, ch. 37, Art. 2, p. 1073.

Sec. 3572 (1921). Standards of containers.—After investigation, and

from time to time as may be practicable and advisable, the division

of markets of the extension service shall have authority to establish

and promulgate standards of open and closed receptacles for, and

standards for the grade and other classification of farm products,

by which their quantity, quality and value may be determined, and

prescribe and promulgate rules and regulations governing the marks,

brands and labels which may be required for receptacles for farm

products, for the purpose of showing the name and address of the

producer or packer ; the quantity, nature and quality of the product,

or any of them, and for the purpose of preventing deception in

reference thereto, and for the purpose of establishing a State brand

for any farm product produced in South Carolina : Provided^ That

any standard for any farm product or receptacle therefor, or any re- quirement for marketing receptacles for farm products, now or hereafter established under authority of the Congress of the United

States, shall forthwith, as far as applicable, be established or prescribed and promulgated as the official standard or requirement

in the State: Provided^ further^ That no standard established or requirement for marketing prescribed under this article shall be- come effective until the expiration of thirty days after it shall have

been promulgated.

Sec. 3573. Packing of farm products for sale to conform to grades,

receptacles, etc.—Whenever any standard for the grade or other

classification of any farm product becomes effective under this

article no person thereafter shall pack for sale, offer to sell, or sell within this State any such farm product to which such standard is applicable, imless it conforms to the standard, subject to such reasonable variations therefrom as may be allowed in the rules and regula-
SOUTH CAEOLINA 737

tions made under this article : Provided, That any farm product maybe packed for sale, olfered for sale, or sold, without conforming to the standard for gi-ade or other classification applicable thereto, if

it is especially described as not gi-aded or plainly marked Not

graded." Whenever any standard for an open or closed receptacle

for a farm product shall be made effective under this article no per- son shall pack for sale in and deliver in a receptacle, or sell in and

deliver in a receptacle, any such farm product to which such standard

is applicable, unless the receptacle conforms to the standard, subject

to such variations therefrom as may be allowed in the rules and regulations made under this article : Provided, That the requirement as to receptacle shall not apply to produce sold or offered for sale in less than car lots. Whenever any requirement for the marketing, branding or labeling of a receptacle for a farm product becomes effective

under this article, no person thereafter shall pack for sale, offer for

sale, consign for sale, or sell and deliver, any such farm product in a

receptacle to which such requirement is applicable, unless the receptacle be marked, branded or labeled according to such requirement,

or unless such product be brought from outside the State and offered

for sale, consigned for sale, or sold in the original package. The

chief of the division of markets is authorized, at any time, to cause such inspections and classifications to be made and such certificates to be issued, as he may deem necessary to enforce the provisions of

this article. Such inspections to be made without charge only when

no request is made by grower, shipper, receiver or any other party

and inspection is made for the purpose of demonstration or for en- forcing the provisions of this article. Code, 1922, Vol. 3, ch. 51, p. 1305.

Sec. 4498 (al917). Public weighers; applies only to Chester and

Florence Counties.—The municipal authorities of cities and towns of

this State be, and they are hereby, empowered to require all dealers

and sellers of coal, coke, unbaled hay, cattle, cotton seed, or other

articles of like nature and character, sold in bulk, by weight, and

sold within the limits of any city or town to have the same weighed

upon the public scales within such city or town, and to impose a charge therefor of not more than ten cents for each draft, one-half to be paid by the seller, and one-half to be paid by the buyer. Said

municipal authorities may enforce the provisions of this section by

such fine and imprisonment as may now or hereafter be prescribed by

law for the violation of the ordinance of the city or town : Provided,

That the provisions of this section shall apply only to Chester and

Florence Counties.

Sec. 4649 (1896). Coal to be weighed on the public scales.—The municipal authorities of the cities and towns of this State of not less than ten thousand inhabitants be, and they are hereby, empowered to require all dealers of coal to weigh all coal sold within the limits of

such cities and towns upon the public scales of such cities and towns

and to impose a charge therefor of not more than ten cents for each

draft. Said municipal authorities may enforce the provisions of the

foregoing paragraph by such fine and imprisonment as may be now
738 LAWS CONCEENING WEIGHTS AND MBASTJEES

or hereafter prescribed by law for the violation of the ordinances of

such cities or towns.

Code, 1922, Vol. 3, ch. 19, Art. 14, p. 350.

Sec. 1003 (al910). ftuantity to be stamped on packages of oysters,

etc.—* * * Each package containing oysters canned in this

State, or raw shucked oysters gathered in this State, clams gathered

in this State, or terrapin offered for sale or transportation shall be

stamped by the manufacturer by the number of ounces or quantity of

oysters and the number of terrapin, and the number of bushels of

clams contained therein, and the number of ounces and fractions of ounces of oysters [contained in each can shall be plainly stamped in

the metal cap of each can of oysters] ^ canned within the State.

* * *

Sec. 1018 (1921). Containers of oysters prescribed; violation a misdemeanor.—All oysters sold in the shell in this State shall be meas- ured in a circular tub with straight sides, straight solid bottom, holes

in the bottom not more than one-half inch in diameter. The said measure shall have the following dimensions: A bushel shall measure eighteen (18) inches from inside across bottom and twenty-one

(21) inches from bottom to top of chime. All measures used for

buying and selling oysters shall have a grade, to be adopted by the

board of fisheries or its lawful inspector. Any person violating this

section shall be guilty of a misdemeanor, and, upon conviction

thereof, shall be fined not less than ten ($10.00) dollars nor more

than fifty ($50.00) dollars, or imprisonment for not more than

thirty (30) days. All measures found in the possession of any such

person not meeting the requirements of this section shall be

destroyed by said board or its lawful agents.

Code, 1922, Vol. 3, ch. 35, Art. 1, p. 979.

Sec. 3286 (1920). Fertilizer; weight of package to be marked.—Every

person or corporation, before selling or offering for sale in this State

any commercial fertilizer or fertilizing material, shall brand on each

bag or package the brand name of the fertilizer, the weight of the

package, the name and address of the manufacturer, * *

* Sec. 3297. Weight of packages; penalties for short weight.—All fertilizers or fertilizing materials sold or oifered for sale for use within

this State, shall be in a package of one hundred or two hundred

poimds each, except as hereinafter provided (section 18) : * And provided^ further^ That this section shall not apply to foreign imported

goods in original packages. The weight of the package of fertilizers shall be ascertained at the time of the delivery to the purchaser in

the presence of at least two disinterested witnesses ; one chosen by the

purchaser and one by the seller, and the purchaser shall, within five days thereafter, notify the seller to make good such deficiency, and

upon failure of the seller to do so within twenty days thereafter, he

shall pay a penalty equal to the value of the goods, which penalty

shall become recoverable by the State, one-half of the penalty so recovered to be paid to the purchaser, in the case of a sale, and the

» The portion within the brackets was evidently omitted from the code by mistake.

* Sec. 18 refers to sales in bulk.
SOUTH CAEOUN'A 739

other half to be paid into the State treasury, subject to the order of

the board of trustees of Clemson College: Provided, If any such

seller shall refuse, decline or neglect to choose a witness as herein prescribed, after having been notified or requested to do so, then he, or

they, shall have forfeited the right to do so, and the purchaser shall

select two witnesses who shall in turn select a third, and they shall proceed to ascertain said weight.

Code, 1922, Crim. Code, Vol. 2, ch. 3, p. 46.

Sec. 175 (1875). Fraudulent packing of cotton.—Any person or persons convicted of knowingly and wilfully packing into any bag

or bale of cotton any stone, wood, trash, cotton, cottonseed, water, or any matter or thing whatsoever, or causing the same to be done,

with the intent and purpose of cheating or defrauding any person

or persons whomsoever in the sale of such cotton, or who shall exhibit or offer for sale any bag or bale of cotton so fraudulently

packed, at the time of said exhibit, or offer for sale knowing the same to be so fraudulently packed, shaU, on conviction thereof, as aforesaid, be sentenced to pay a fine of not more than five hundred

dollars nor less than twenty dollars, and to be imprisoned for a term

of not more than six months nor less than one month.

Sec. 176 (1878). Charge of breakage on weighing cotton.—Any per- son who shall put and make the charge known as " breakage " upon

the weighing of cotton shall be guilty of a misdemeanor, and, upon

conviction thereof, shall be fined not more than twenty-five doUars,

or be imprisoned not more than thirty days, or both, in the discretion of the court.

Sec. 181 (1910). Unlawful to deduct from weight of cotton; penalty,

It shall be imlawful for any person, firm or corporation engaged in

the business of buying cotton in this State, as principal or agent, to deduct any sum for bagging and ties from the weight or price of

any bale of cotton, when the weight of the bagging and ties does not

exceed six per cent of the gross weight of such bale of cotton. In

the event that the weight of the bagging and ties exceed six per

cent of the gross weight of such bale of cotton, only the excess over

the said six per cent may be deducted.

For each and every violation of this section, the offender shall be

guilty of a misdemeanor and shall be fined in the sum of not less than five doUars nor more than twenty-five dollars, or imprisoned not

less than ten days nor more than thirty days: Provided, That this

section shall not apply to what is known in the trade as round bales,

and bales of cotton which weigh less than three hundred pounds.

Code, 1922, Vol. 3, ch. 35, Art. 2, p. 989.

Sec. 3305 (1889). Tare on cotton prohibited.—The custom of making

a deduction from the actual weight of bales [of] unmanufactured

cotton as an allowance for breakage or draft thereon is abolished;

and all contracts made in relation to such cotton shall be deemed and

taken as referring to the true and actual weiglit thereof without deduction ; and no tare ° shall be deducted from the weight of such bales

of cotton except the actual weight of the bagging and ties used in

» See sec. 181 ot toI. 2 of the code.
740 LAWS CONCEENING WEIGHTS AND MEASURES

baling said cotton; and whenever it shall be agreed between the

buyer and seller to deduct tare on cotton bales it shall be as follows

:

For bales of cotton covered with seven yards of standard cotton bagging and six iron ties, the actual tare shall be, and is hereby, fixed at sixteen pounds, and for bales of cotton covered with seven yards of

standard jute bagging and six iron ties the actual tare shall be, and

is hereby, fixed at twentj^-four pounds; and when buyer and seller agree to sell at net weight, and when bales of cotton are covered with

seven yards of standard cotton bagging and six iron ties, the actual

tare shall be, and is hereby, fixed at sixteen pounds, and when bales

of cotton ai'e covered with seven yards of standard jute bagging and

six iron ties, the actual tare shall be, and is hereby, fixed at twentyfour pounds.

Sec. 3314 (1899). Cotton bales weighing not less than 300 pounds

made merchantable.—It shall be unlawful for any cotton buyer to refuse to accept any bale of cotton, after he has bought the same by

sample thereof, weighing over three hundred pounds, provided same

corresponds in quality with sample bought by.

Sec. 3317 (al911). When public cotton weighers may be elected;

provisos.—Upon the petition of fifty or more qualified electors, who

are fi'eeholders and growers of cotton in any township or parish in

which there may be a cotton market, the county board of commissioners of that county shall annually elect one or more public cotton weighers for said cotton markets, whose term of office shall be for one

year and until the election and qualification of his or their suc- cessors: Provided., hoimver^ That there shall be two public cotton weighers at Bishopville, Lee County, who shall receive ten cents per bale for weighing cotton, five cents to be paid by the buyer and

five cents by the seller, and who shall give bond, with good and suffi- cient surety, to be approved by supervisor, in the sum of one thousand ($1,000.00) dollars each, conditioned for the faithful performance of his duty : Provided, That cotton weighers in the county of

Greenwood shall be elected to hold office for two years, and the cot- ton weighers already elected in Greenwood County shall hold office for two years from their election, and until their successors are

elected and qualify : Provided, That in the county of Sumter, no per- son shall be voted for or elected a cotton weigher who is related

within the sixth degree by blood or marriage to one or any one of the

county board of commissioners of said county : Pr-ovided further,

That if more than one weigher be elected for the city of Sumter, then

in such event one of said weighers shall be elected upon the nomination and recommendation thereto by the city council of said city.^ Sec. 3318 (al919). Cotton weighers.—Before entering upon the

duties of his office, each cotton weigher shall be legally sworn to dis- charge the duties of the position by some officer authorized to administer oaths, and shall enter into bond in the sum of three hundred

dollars for the faithful performance of his duty, which bond shall be approved by the county board of commissioners and filed with

« There are a number of laws similar to this act, providing for the appointment or

election of cotton weighers for towns, cities, townships, and counties, upon petition of

twenty-five or more electors concerned who are residents of such political subdivision. These are separate acts, and on account of their local nature and great length they have

been omitted from this compilation.
SOUTH CAEOLINA 741

the clerk of tlie court of common pleas and general sessions for the

county in which said cotton market or markets may be situated.

Each weigher shall receive as compensation for his services not more than ten cents ^ for each bale weighed by him, to be fixed by

the commissioners, the same to be paid in equal proportion by the

seller and buyer, except in those markets Avhere the weigher may be

paid by individuals or corporations, at which markets the seller shall pay nothing.

Sec. 3319 (al906). Duties of weigher; deputy weigher.—It shall be

the duty of each weigher to provide a platform and scales with

ample facilities for handling cotton with speed and at minimum

cost, at which platform or platforms all cotton sold in said market or markets shall be weighed. It shall be the duty of each

weigher to weigh fairly and promptly all cotton sold in said market

or markets, issuing his own ticket, showing the weight of each bale or package of cotton weighed. It shall be his further duty to adjust

any difference between sellers and buyers as to moisture and mixed

or false packing. In case of inability from sickness or other cause, and from the first day of March to the first day of September of

each year, a weigher may appoint a deputy, who shall take, before

entering upon his duties, the usual oath of the office in the manner

required of the weigher. The elected weigher shall be responsible on his bond for the official acts of his deputy. Each weigher or his

deputy shall devote his exclusive attention to the duties of his office during the cotton marketing season. Each weigher shall test his

scales once a month by the standards in the office of the clerk of

court as provided by law : Provided, That the county board of commissioners may, for good and sufficient cause shown, remove any

such public cotton weigher from his office, after first giving such

weigher at least ten days' notice to show cause why he should not be

removed; and shall have power to fill any vacancy occurring in the

office of public cotton weigher, at the first regular meeting of the

said board after such vacancy occurs: Provided, That nothing

herein contained shall apply to sales made on plantations or at cotton mills.

Sec. 3320 (al907). Further duties of weigher; platform of weigher.

The cotton weighers shall be required to mark and number each

bale of cotton as indicated by tags of buyer, and keep the cotton of

each buyer together in order to facilitate prompt shipment. No

cotton shall be allowed to remain on the platform more than five days, except upon being subject to a charge of one cent per bale

per day; and cotton left on platform for any time to be at the

owner's risk. The platform for cotton weighers shall be furnished

by the county and shall have a capacity of 5,000 bales, and the scales on said platform shall be approachable from at least two sides. The weighers, as aforesaid, shall render to the county commissioners

a monthly statement of the cotton weighed, and shall pay to the

county treasurer one cent per bale for all cotton weighed by them,

for the use of the platform.

' By Acts, 1920, Act No. 469, p. 860, cotton weighers in Greenwood County " shall be

paid for weighing cotton sixteen cents per bale ; one-half of said amount shall be paid by

the buyer and one-half by the seller."
742 LAWS coNCEBisrmG weights and measures

Sec. 3322 (al911). Exceptions.—The provisions of sections 14

[3318] and 15 [3319] shall not apply to sales made on plantations or at cotton mills, nor to the counties of Charleston, Laurens,

Berkeley, Spartanburg, Aiken, Horry, Georgetown, Richland,

Beaufort, Abbeville, Newberry, Oconee, nor to the town of Liberty,

in Pickens County, or to Anderson Township, in Anderson County

:

Provided^ That in the coimty of Edgefield for each cotton weigher,

his term of office shall be for two years from the date of his election,

and until his successor shall have q^ualified : Provided further^ That

in the county of Edgefield the provisions of this chapter shall apply

to all cotton sold or stored in warehouses.

Sec. 3365.* Public cotton platform; cotton weigher elected, when;

duties; deputy; proviso.—In every city of more than twent}' thousand and less than fifty thousand inhabitants, as shown by the

last preceding United States census, and within the township in

which such cit}^ is situated, the purchase and sale of cotton in bales

shall be regulated by the provisions of this section. The county

board of commissioners shall cause to be maintained a public cotton platform adequate to hold not less than three thousand (3,000) bales

of cotton, said platform to have a substantial roof, sufficient number

of suitable scales, and to be located as accessibly as possible to the

railroad, or railroads, and to the neighboring cotton warehouse, or warehouses and compresses, if any, for the convenient handling of cotton from said platform to freight trains and to such cotton warehouses or compresses, said platform to be open and accessible to wagons, the cost of maintenance of the same to be paid by the county

board of commissioners out of funds in their hands. The said county

board of commissioners shall, on or before the first day of July,

1911, and every four years thereafter, elect and commission for the

term of four years one cotton weigher for such city and township:

Provided^ That said cotton weigher shall not be related within the

sixth degree to any member of said board of county commissioners. * * * Said cotton weigher shall have a night watchman on

duty at said platform from sunset to sunrise of every day, and shall employ one assistant for every day from September 1st to December

31st, and may have other assistants during the year. He shall fre- quently test the scales at said platform and keep them accurate, and

shall weigh promptly and fairly all cotton offered to him and mark

each bale of cotton as indicated by tag of buyer and number of each

bale of cotton, and keep together all the cotton of the several buyers

separate and apart from each other, so as to facilitate prompt shipment, and issue ticket showing number, mark and weight of every

bale weighed by him, and adjust any differences between sellers and

buyers as to moisture and mixed or false packing. Said cotton weigher shall represent neither buyer nor seller of the cotton weighed

nor be interested in any purchase or sale, except in cotton from his

own farm, and shall receive and charge for his services and the use of the platform, fifteen cents for each bale weighed by him, seven

cents to be paid by the seller and eight cents to be paid by the buyer,

and for such cotton as may remain on the platform for more than

three days the said weigher shall collect an additional charge of one

* See footnote on p. 740.
SOUTH CAEOMNA 743

cent per bale for every additional day, to be paid by the owner, all cotton to be at the risk of the weigher, loss by fire excepted, for the

first three days, and thereafter at the risk of the owner. The said cotton weigher shall, during the cotton season, maintain a blanket

insurance to cover at least fifty bales of cotton left upon the platform for sale, and shall compensate himself for the cost of such in- surance by deducting the amount thereof from the charge hereinafter

provided to be collected for the use of the platform by cotton re- maining thereon more than three days. The public cotton weigher,

herein provided for, shall appoint a deputy to serve in his place

during necessary absence by sickness or otherwise, such appointment

to be approved by the board of county commissioners, which deputy

shall take the usual oath of office, the bond of the cotton weigher

being liable for the official acts of such deputy. The public cotton weigher shall weigh, inspect and sample before sale every bale of

cotton brought to said platform for sale, and no cotton shall be sold

until after it has been so weighed and inspected. All cotton in bales

weighed in such city or township for sale therein and purchased in

such city or township at weights ascertained by weighing in such city or township (it being intended hereby not to include under the

terms herein cotton bought upon weights stated in bills of lading of

shipments to said city or town) shall be brought to said platform

for sale, and no cotton in bales shall be sold or purchased in such

city, town or township by any seller or purchaser or agent, except

upon certificate that it has been weighed and inspected at such platform by the public cotton weigher or deputy : Provided, That the

provisions of this section shall not apply to cotton sold by regular

cotton dealers out of recognized cotton warehouses or cotton compresses in such city, town or township, or to cotton weighed upon

plantations or at gin-houses or bought upon the faith of weights

guaranteed by the sellers. * * * Xhe coimty board of coixmiissioners shall have power to remove from his office the said cotton weigher after at least three clays' notice why he should not be re- moved, and on sufficient cause being shown, and said board shall fill any vacancy in a manner hereinabove provided for tlie election of a cotton weigher.

See. 3366. Misdemeanor to violate provisions herein.—Any and every

person, for himself or as agent, and any corporation, who shall sell or buy in such city or township any cotton bale or bales contrary to the provisions of section 1 [3365] shall be guilty of a misdemeanor,

and, upon conviction, shall be punished by a fine of not exceeding

fifty dollars, or imprisonment for not exceeding ten days for each

offense.

Sec. 3367. Duty of sheriff and rural policemen to enforce law.—It shall be the special duty of the sheriff, and rural policeman, if any,

and the magistrates' constables in the county in which such city may

be situate, and of the city policemen, to be on the lookout for violations of the provisions of this article, and upon information or belief to swear out warrants and cause prosecutions for the same ; and it shall likewise be the duty of the solicitor and of the city attorney to prosecute in such cases.

Sec. 3368 (1916). Public weighers for farm products permitted in cer- tain cities.—That upon the petition of at least fifty freeholders of
744 LAWS CONCEBNING WEIGHTS ANV MEASTJBES

any township within the State in which is located a town or city of

five thousand (5.000) inhabitants or more, shall be appointed a

public weigher for livestock of all descriptions and all other farm

products offered for sale on the market of such town or city: Provided, That the said weighers shall he appointed by the governor,

upon the recommendation of the town council of said town or city.

Sec. 3370. Fees for services, by whom paid; not to weigh lint cotton

in bales; other weighers allowed.—That said weighers shall be entitled to charge and receive the following fees for his services : For

each hog weighed by him, five cents; for each cow weighed by him,

ten cents ; for each sheep, goat or other like animal weighed by him,

five cents ; for each load of hay, ten cents, and other farm products

at the same rate. One-half of all such fees to be paid by the purchaser, the other half to be paid by the seller. The provisions of

the two foregoing sections are not intended to apply to lint cotton in

bales : Provided, That nothing herein shall prevent any person

or persons from accepting the weights of other weighers.

Sec. 3371. Certificates to be issued.—That such weigher shall issue

to the persons for whom he makes weights a certificate of the true weight of each article so weighed by him, affixing thereto the date

when made and his official signature.

Code, 1922, Vol. 3, ch. 35, Art. 5, p. 1035.

Sec. 3434 (1859). Regulations as to barrels, etc.—Every cask or barrel containing flolir or meal of wheat, rye or corn brought into or manufactured in the city of Charleston for sale shall be well made,

of good seasoned materials, and sufficiently hooped and nailed; and

the said inspector shall cause all casks or barrels not made as aforesaid, and not in merchantable condition, but capable of being made

so at a reasonable expense, to be repaired and put in merchantable

condition at the expense of the owner thereof.

Sec. 3435. ftnantity of flour in barrel.—Every barrel submitted for

inspection as aforesaid shall contain such quantity of flour or meal as upon inspection shall be found to be of the net weight of one hundred

and ninety-six pounds ; and each and ever}- half barrel shall contain

such quantity as shall be of the net weight of ninety-eight pounds;

and the said inspector shall cause all barrels or half barrels containing

a less quantity to be made of full weight at the expense of the owners

thereof.

Sec. 3446 (1880). Standard weight.—It shall be the duty of the in- spector to weigh a suitable number of barrels of each lot of flour inspected, to be assured that they contain the full Aveight of one hundred and ninety-six (196) pounds, and no inspector shall use the

brand of the Charleston Chamber of Commerce on any flour in barrels that is of less weight than one hundred and ninety-six (196)

poimds to the barrel. For such inspection, weighing, and branding,

the inspector shall receive two (2) cents per barrel or bag for each

and every barrel or bag so inspected, weighed and branded, to be

paid by the party requesting the same to be done, and the same fee on

re-inspection.

Sec. 3450 (1823). City council of Charleston to regulate sale of

gfrain.—The city council of Charleston shall have full power and

authority to regulate and control the sale of grain by measurement
SOUTH CAROLINA 745

or weight, or both, sold within the corporate limits of the city, in

such manner as will insure a fair, equal and uniform sale and meas- urement of the same.

Code, 1922, Vol. 3, oh. 35, Art. 6, p. 1041.

Sec. 3456 (1876). Gauging of certain liquors sold in Charleston; ap- pointment and term of ganger.—All oils, molasses, syrups, wines, vinegar and liquors (not domestic) sold in the city of Charleston, either

by the hogshead, pipe, puncheon, barrel, cask, keg or tank, shall,

before their delivery, be gauged by a sworn ganger, elected by the

city council of Charleston, whose term of office shall be for four

years.

Sec. 3461 (1856). Duty of inspector to examine crude turpentine,

etc.—It shall be the duty of the inspector of naval stores for the

city of Charleston to examine and inspect any crude turpentine or

rosin of grades other than those known as " common " or " number

two," which may be offered for sale in the city of Charleston, and

which may be submitted for examination by the owner or other per- son having charge of the same.

Sec. 3462. Inspector to weigh, search, try, and brand turpentine or

rosin.—Every barrel of crude turpentine or rosin submitted to an

inspector as aforesaid shall be by him weighed and searched, and

tried, and the inspector shall brand every such barrel or cask with

the word " Charleston," and shall brand thereon, in characters known

to the trade, the quality of said turpentine or rosin, together with

the weight of the same expressed in figures, and every barrel of

rosin and turpentine shall be cleaned, strained and merchantable,

without chips, leaves, filth, or dirt.

Sec. 3463. Fees allowed inspector; lien for fees.—For every barrel of

turpentine or rosin weighed by the inspector, he shall be entitled to three cents, and for every barrel inspected and branded as herein

directed, three and one-quarter cents, to be paid by the owner of

said turpentine or his agent, and the inspector shall have a lien on

said barrels for the amount due.

Sec. 3464 (1870). Weight of barrel of crude turpentine; quality of tar to barrel.—In the absence of satisfactory proof of a special stipulation to the contrary, it shall be presumed and held that the quantity and weight of crude turpentine to make a barrel thereof is two

hundred and eighty pounds, and that the quantity of tar to make a barrel thereof is thirty-two gallons.

Code, 1922, Vol. 3, ch. 35, Art. 7, p. 1043.

Sec. 3469 (1746). Size and contents of pork and beef barrels.—Every

barrel of pork or beef packed and sold in this State shall contain

thirty gallons and two hundred pounds weight of wholesome, wellcured meat in the same, which shall be weighed by the packers, and

well packed with salt and pickle, each piece not to weigh more than

eight pounds, and not to be cut or mangled further than to take out

the kernels or where the bones require it, and not more than two

heads in one barrel of pork. No beef's heads or shanks shall at all be packed.

Sec. 3474. Size of pipe staves, etc.-—All staves to be made for ex- portation, and all shingles which shall be offered for sale in this

State, shall be made of good and sound timber, and shall be of the
746 LAWS CONCERNING WEIGHTS AND MEAStJEES

following dimensions, to wit : Each pipe stave to be made of white

oak, fifty-eight inches long, and not less than three-quarters of an

inch thick at the thin edge, and three inches broad, clear of sap;

each hogshead stave to be made of red or white oak, forty-two inches

long, not to be less than three-quarters of an inch thick at the thin

edge, and four inches broad, clear of sap ; and each barrel stave, of

red or white oak, to be thirty inches long, not to be less than half an inch at the thin edge, and four inches broad, clear of sap; and

each shingle to be twenty-two inches in length, and not less than half an inch thick at the thick end, and well shaved, so as not to be winding, and not less than three inches and a half broad, clear of sap. Code, 1922, Vol. 3, ch. 35, Art. 8, p. 1045.

Sec. 3475 (1855). RtQes for measuring timber and lumber; "Side and

edge measurement" illegal.—All ranging timber bought or sold in

the markets of this State shall be by board or superficial measure- ment; and any person or persons who shall buy or sell ranging

timber in or for the markets of Charleston or Georgetown, or any

other public market in this State, by the rule known as " side and

edge measurement," that is to say, by adding the side to the edge,

multiplying by the length, and dividing by twelve [(side -|- edge)

X length twelve] shall be fined for every such act of buying or

selling not less than one hundred dollars and not more than three

hundred dollars.

Sec. 3476 (1853). No timber to be sold except by board measure.—No

timber shall be sold or purchased in the city of Charleston by any

mode of measurement except that denominated board or superficial

measurement (unless by special contract between the parties), which

shall alone be done by the inspectors or surveyors of timber in the

city of Charleston.

Sec. 3477. Inspectors elected annually.—The city council of Charleston and the town councils of Beaufort, Port Royal, and Georgetown,

shall each elect annually, for their respective municipalities, one or more inspectors and surveyors of timber, * * *

Sec. 3478 (al856). Inspectors to measure timber as herein directed.

It shall be the duty of the said surveyors and inspectors to measure

all timber in the manner aforesaid brought for sale to the city of

Charleston, at the request of any person owning or buying the same, and shall give a certificate to such person, specifying the quality,

and kind, and quantity of such timber, and the number of pieces in

each lot; which certificate shall be evidence of the matters stated

therein, as between the owner and purchasers thereof. But nothing

herein contained shall prevent any person or persons from buying or

selling timber in bulk without measurement.

Sec. 3479 (1877). Lumber to be inspected by licensed measurers.—All

timber and lumber brought to market for sale at the ports of Charleston, Port Royal, Beaufort, and Georgetown, shall be measured and

inspected by one of the licensed measurers, selected by the seller and

buyer jointly ; and the measurer so selected shall be entitled individually to the fee earned by him; and the manner of inspection and

classification of both timber and lumber shall be such as may be

agreed upon between the buyer and seller.
SOUTH CAEOUNA 747

Should the buyer fail to agree to the selection of a measurer, then

the measurement and inspection and classification may be made by

any official measurer.

Sec. 3480. Fees.—The fees to be received by the measurers shall not

exceed the following rates, viz: Ten (10) cents per thousand feet for all square, hewn, or round timber; ten (10) cents per thousand

feet for all lumber measured by bulk measurement in rafts; and.

twenty-five (25) cents per thousand feet for all lumber measured and

inspected by the piece ; the expense of measuring fees to be equally

divided between the buyer and seller. Code, 1922, Vol. 3, ch. 35, Art. 10, p. 1051.

Sec. 3497 (1910). Weight to be marked on packages of feeding stuff.

Every lot or parcel of concentrated commercial feeding stuff sold,

offered or exposed for sale within this State shall have affixed

thereto, or printed thereon in a conspicuous place on the outside

thereof, a legible and plainly printed statement, in the English language, clearly and truly certifying the weight of the package (provided that all concentrated commercial feeding stuffs shall be in

standard weight bags or packages of 25, 50, 75, 100, 125, 150, 175

or 200 pounds) ; the name, brand or trade-mark under which the

article is sold ; the name and address of the manufacturer, jobber or importer * *

*

Code, 1922, Vol. 3, ch. 62, Art. 5, p. 1467.

Sec. 4866 (1906). Consignees of coal, etc., may have same reweighed

by commissioner.—Any consignee of coal or other articles to be delivered to him in carload lots by any common carrier at any point

within the limits of this State where such common carrier maintains track scales, shall have the right to demand that such coal or other articles be reweighed before delivery to him by said common

carrier; and it shall be the duty of such common carrier, within

forty-eight hours after such demand, to reweigh tlie same and deliver to such consignee a written, or partly written and partly

printed, statement, showing the true weight thereof.

Sec. 4867. Penalty for failure to have coal reweighed.—Any common

carrier refusing or failing to comply with any of the provisions of

section 26 [4866] shall forfeit the right to any freight incurred

through transportation of such coal or other article, or in tlie event

that such freight shall have been prepaid, shall be liable as a penalty

to the said consignee for the amount of freight so prepaid, to be

recovered by suit in any court of competent jurisdiction.

Sec. 4868. No demurrage after demand that coal be reweighed,—No

demurrage or other similar charges shall be made by any common

carrier against a consignee making the demand specified in section

26 [4866], between the time of the making of such demand and the

time of delivery by such common carrier to said consignee of the

statement required in said section.

Sec. 4869. Common carriers to maintain scales under certain conditions.—It shall be the duty of any common carrier doing business in

this_ State,_ upon demand of any party or any industrial enterprise

having a sidetrack adjacent to and used in connection with the busi- ness of the said party or industrial enterprise, to erect and maintain
748 LAWS CONCERNING WEIGHTS AND MEASURES

on the said sidetrack suitable scales for reweighing the said coal or other articles, in car-load lots : Provided, however, The said party or

industrial enterprise shall agree and become liable to the said com- mon carrier to pay the amount incurred by said common carrier in

the erection and maintenance of the said scales. In such event, it shall be the duty of the said common carrier to reweigh such coal or other articles delivered in car-load lots to the said party or industrial enterprise upon said sidetrack, as provided for in section 26

[4866]. Upon refusal so to weigh, the said common carrier shall be

liable for the same penalties heretofore provided in sections 26 to 29

[4866 to 4869] inclusive.

Sec. 4870 (1912). Track and platform scales, jurisdiction of.—^All railroad track and platform scales, which are used in connection with

shipping, are hereby placed under the jurisdiction of the railroad

commission, for inspection, and to require new scales when needed,

and to require the installation of such scales whenever in their opinion same is necessary for the needs of the public. A failure or

refusal to carry out instructions of said commission, in reference to said scales, shall be punished by a penalty of two hundred dollars for

each refusal, to be recovered by suit in any court of competent jurisdiction by any person or corporation aggrieved; and any sum so I'ecovered shall be turned into the State treasury for general use.
SOUTH DAKOTA

Laws, 1919, ch. 358, p. 437.

Sec. 1. Contracts, how construed regarding weights and measures.

All contracts, sales, purchases or any other transaction having for

its purpose the exchange of commodities or work to be done by weight

or measure, shall be taken and construed according to the standard

of weights and measures hereby adopted as the standard of this State,

and it shall be unlawful to make contracts, sales or purchases or en- gage in any such transaction contrary to the provisions of this act. Sec. 2. Standards, source and verification; standard metric measures.

The weights and measures received from the United States under a

resolution of Congress approved June 14, 1836, and such new weights

and measures as shall be received from the United States as standard

weights and measures in addition thereto or in renewal thereof, and

such as shall be supplied by the State in conformity therewith and

certified to by the National Bureau of Standards shall be the State

standards of weight and measure. Nothing in this act shall prohibit

the use of standard metric measures.

Sec. 3. State treasurer to take charge of standards; verification and

record; duplicate standards.—The State treasurer^ shall take charge of

the standards adopted by this act as the standards of the State, and

cause them to be kept in a fire proof building belonging to the State

and from which they shall not be removed except for repairs or for

certification, and he shall take all other necessary precautions for their

safekeeping. He shall maintain the State standards in good order

and shall submit them at least once in ten years to the National Bureau of Standards for certification. He shall keep a complete record

of the standards, balances and other apparatus belonging to the

State and take a receipt for same from his successor in office. Such

standards shall be used only for testing any duplicate standards that

may be required in the enforcement of this act. Sec. 4. Units of standard measure ; yard, pole, perch, mile, chain, links,

acre, square mile.—The units or standard measures of length and sur- face from which all other measures of extension, whether lineal,

superficial or solid, shall be derived and ascertained, are the standards of length designated in this act. For measures of cloth and

other commodities commonly sold by the yard, the yard may be

divided into halves, quarters, eighths, and sixteenths. The rod, pole or perch contains five and one-half yards; the mile, one thousand

seven hundred sixty yards. A chain for measuring land is twentytwo yards long and is divided into one hundred equal parts called

links. The acre for land measure shall be measured horizontally

and contain ten square chains, equivalent in area to a rectangle

sixteen rods in length and ten rods in breadth ; six hundred and forty

acres being contained in a square mile.

» See Laws, 1925, ch. 115, Infra. 749
750 LAWS CONCEENING WEIGHTS AND MEASTJEBS

Sec. 5. Standards of weight; hundredweight, ton.—The units or standards of weight, from which all other weights shall be derived

and ascertained, shall be the standard weights designated in this

act. The hundred-weight consists of one hundred avoirdupois

pounds and twenty hundred-weight are a ton. Whenever, hereafter,

in this act the word " pound " is used it shall mean the avoirdupois

pound unless otherwise distinctly specified.

Sec. 6. Bushel weights; fractional parts.—Whenever any of the arti- cles or commodities mentioned in this section shall be bought, sold or dealt in by the bushel or fractional part thereof the measure

thereof shall be determined by avoirdupois weight, and a bushel of

each of the respective articles mentioned in this section shall mean

the amount of weight of each article herein specified, as follows : ^ Pounds Apples 48

Apples, dried 24

Alfalfa seed 60

Barley 48

Beans, dried 60 Beans, green, unshelled 50 Beans, Lima, dried 56 Beets 56 Blue grass seed 14 Bromus inermus 14 Broom corn seed 50 Buckwheat 48

Carrots 50

Castor beans, shelled 50

Clover seed 60 Corn meal 50 Corn on cob (field) 70

Corn, shelled (field) 56 Cucumbers 48

Flax seed 56

Grapes, with stems 40

Hemp seed 44 Hickory nuts, hulled 50 Hungarian grass seed 50 KafSr corn 56 Lime 80

Millet seed 50 Oats 32 Onion bottom sets 32 Onion top sets 30 Onions 52

Founds Orchard grass seed 14 Osage orange seed 32

Parsnips 48. Peaches 48

Peaches, dried 33 Peanuts 20

Pears 45

Peas, dried 60

Peas, green, unshelled 56 Plums 48

Popcorn on the ear 70

Popcorn, shelled 56

Potatoes 60

Quinces 48

Radish seed 50 Rape seed 50 Red top seed._ 14 Rutabagas 50 Rye 56

Salt, coarse 80 Sand 130

Spelts 45 Sorghum seed 50 Sweet corn 50 Sweet potatoes 54 Timothy seed 45 Tomatoes 50 Turnips 55 Walnuts, black hulled 50 Wheat 60

All root crops nor specified above. 50 It shall be unlawfiil in buying to take any greater number of

pounds or in selling to give any less nimiber of pounds to the bushel,

than is in this section allowed and provided, and no test for moisture

shall be used to change the standards herein provided. If any of

the foregoing articles or commodities are bought, sold or dealt in

by the one-half bushel, peck, half peck, quarter peck, quart or pint,

the one-half bushel, peck, half peck, quarter peck, quart or pint shall be by weight and shall be derived from the weights per bushel as prescribed for such articles or commodities in this section, and shall be determined by successively dividing such weight by two.

Sec. 7. Bockage for dirt, etc., how ascertained; excess cob, amount

allowed.—When, in the purchase, sale or delivery of any grain, seed or any other agricultural product, excepting corn on cob (field) a

' A slight change has been made in the arrangement for convenience of reference.
SOUTH DAKOTA 751

dockage or discount is taken for dirt, foul seed or any other substance or mixture, such dockage must be according to the per cent of such

dirt, foul seed, or other substance or mixture present in the grain,

seed or other agricultural product, which per cent must be determined by the careful sifting and grading of a truly representative

sample of said grain, seed or other agricultural product. No greater

dockage shall be taken than the proportion of dirt, foul seed or other

substance or mixture which shall be found by such careful sifting

and grading. When in the purchase, sale or delivery of corn on

cob (field) dockage or discount for excess cob is taken it shall only

be taken when the standard bushel contains more than fourteen

pounds of cobs. Said dockage shall be computed in terms of pounds

to the standard bushel and be determined by careful shelling of a weighed standard bushel, or an amount of like proportion.

Sec. 8. Barrel for liquids; hogshead; gallon; barrel of flour, and subdivisions; barrel of potatoes; barrel of unslaked lime; standard barrel

for apples, pears, and other fruit.—1. A barrel for liquid shall contain

thirty-one and one-half gallons, and a hogshead two barrels.

2. A liquid gallon shall contain two hundred and thirty-one cubic

inches.

3. A barrel of flour measured by weight shall contain one hundred

ninety-six pounds ; one-half barrel, ninety-eight pounds ; one-quarter

barrel, forty-nine pounds; one-eighth barrel, twenty-four and onehalf pormds, and one-sixteenth barrel, twelve and one-fourth pounds.

4. A barrel* of potatoes or other vegetables shall be the same

as the standard barrel for apples or pears or other fruit as provided

in subsection 6 of this section.

5. A barrel of unslaked lime shall contain two hundred pounds.

6. The standard barrel for apples or pears or other fruit unless

otherwise specifically defined, shall have an interior capacity of seven thousand and fifty-six cubic inches, and shall not be less than twenty-six inches between the heads inside; the diameter of

the heads shall be seventeen and one-eighth inches, including the

beveled edge; the outside bulge or circumference shall be not less than sixty-four inches, the thickness of the staves being four-tenths

of an inch: Provided, however, That any barrel of different form,

having the same distance between heads and a capacity of seven thousand and fifty-six cubic inches, shall be a legal ban-el.

Sec. 9. Coal, coke, and charcoal, sale by weight; delivery ticket.—It

shall be imlawful to sell or offer to sell except at the mine any coal,

coke, or charcoal in any other manner than by weight. It shall be

unlawful for any person to deliver, except at the mine any coal, coke

or charcoal without each such delivery being accompanied by a

delivery ticket and a duplicate thereof, on each of which shall be in

ink or other indelible substance, distinctly expressed in pounds, the

gross weight of the load, the tare of the delivery vehicle and the

quantity or quantities of coal, coke, or charcoal contained in the

vehicle used in such deliveries, with the name of the purchaser

thereof, and the name of the dealer from whom purchased. One of

these tickets shall be delivered to the said purchaser of said coal,

coke, or charcoal, or his agent or representative at the time of the

' See footnote, p. 20, relative to the Federal standard barrel. 517—27 i8
752 LAWS CONCEEliriNG WEIGHTS AND MEASITEES

delivery of the fuel; and the other ticket shall be retained by the

seller of the fuel. When the buyer carries away the purchase a delivery ticket showing the actual number of pounds delivered to him must be given to hun at the time the sale is made.

Sec. 10. Milk bottles, sizes and variations and tolerances allowed;

mamifacturer's mark.—Bottles used for the sale of milk or cream

shall be of the capacity of half gallon, three pints, one quart, one

pint, one-half pint, one gill, filled full to the bottom of the lip or cap ring. The following variations on individual bottles or jars

may be allowed, but the average contents of not less than twenty-five

bottles selected at random from at least four times the number tested

must not be in error by more than one quarter of the tolerances

herein provided; six drams above and six drams below on the half

gallon; five drams above and five drams below on the three pint;

four drams above and four drams below on the quart; three drams

above and three drams below on the pint ; two drams above and two

drams below on the half pint ; two drams above and two drams below on the gill. Bottles or jars used for the sale of milk shall have

clearly blown or otherwise permanently marked in the side of the

bottle the name, initial or the trade-mark of the manufacturer, and

the capacity of the bottle or jar.

Sec. 11. Hay, straw, and forage, how sold.—All hay of whatever

kind, straw or other forage which is sold at wholesale or retail by a regular dealer in such commodities, shall in every instance be sold

by weight : Provided^ That this section shall not apply to the sale of

hay, straw or other forage in sacks [stacks].

Sec. 12. Butter and oleomargarine to be sold by weight.—It shall be

unlawful for any person to sell, or offer to sell any butter, or reno- vated or process butter, or oleomargarine in any other manner than

by weight.

Sec. 13. Berries and small fruit, how sold.—It shall be unlawful to

sell or offer to sell any berries or small fruit in any other manner

than by weight, dry measure, or in the containers described in this

section. It shall be unlawful to procure or keep for the purpose of

sale, offer or expose for sale, sell or give away baskets or other open

containers for berries or small fruits, holding one quart or less, or to procure or keep for the purpose of sale, offer or expose for sale or

sell berries or small fruits in baskets or other open containers holding one quart or less, of an}^ other than the following capacities when

level full : One quart, one pint, one-half pint, standard dry measure.

Sec. 14. Net weight to be employed; contracts, how construed.

Whenever any commodity is sold on the basis of weight, it shall be

unlawful to employ any other weight in such sale than the net weight

of the commodity : and all contracts concerning goods sold on a basis

of weight shall be understood and construed accordingly. Whenever the weight of a commodity is mentioned in this act, it shaU be

understood and construed to mean the net weight of the commodity.

Sec. 15. Definition of terms.—The word " person " as used in this act shall be construed to import both the plural and singular, as the

case demands and shall include corporations, companies, societies and

associations. The words "weights," "measures," "weighing devices " and " measuring devices " as used in this act, shall be con- strued to include aU weights, scales, beams, measures of every kind.
SOUTH DAKOTA 753

instruments and mechanical devices for weighing or measuring, and

any appliances and accessories connected with any or all such instruments. The words " sell " or " sale " as used in this act, shall be

construed to include barter and exchange.

Sec. 16. Violation.—Any person violating the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction

thereof shall be punished by a fine of not less than ten nor more

than one hundred dollars or by imprisonment in the county jail not

exceeding thirty days, or by both such fine and imprisonment.

Sec. 17. Repeal.—Sections 10363 to 10370 inclusive and section

10378 of the Revised Code of 1919, and all other acts or parts of acts in conflict with this act are hereby repealed.

Laws, 1925, ch. 115, p. 104; Civil Administrative Code, ch. III.

Sec. 1, Art. I. Creation of the department.—A department of the

government of the State of South Dakota, to be known as the

department of agriculture, is hereby created. Except as hereinafter

provided, this department shall succeed to, and is hereby vested with,

all the duties, powers, purposes, responsibilities and jurisdiction now,

or hereafter by law to be vested in the following offices, officers, commissions, boards and agencies, to wit : Commissioner of agriculture,

department of agriculture, State dairy expert, * * * food and

drug commissioner, inspector of hotels, inspector and sealer of

weights and measures, inspector of petroleum products, department

of marketing, director of marketing, and of the several officers, deputies and employees of such bodies and offices; and whenever by the

provisions of any statute or law now in force or that may hereafter

be enacted, a duty or jurisdiction is imposed or authority conferred

upon any of said bodies, officers, offices, deputies or employees, the

enforcement of which is transferred to this department, such jurisdiction and authority are hereby imposed upon and transferred to the

department of agriculture and the appropriate officers of said department, with the same force and effect as though the title of said

department of agriculture had been specifically set forth and named

therein, in lieu of the name of any such board, commission, office, officer, deputy or employee thereof, as the case may be. Said bodies

and offices, together with the duties, powers, purposes, responsibilities and jurisdiction which are so transferred to, and vested in, the

department of agriculture, and the position of all officers, deputies

and employees thereunder are, and each of them is, hereby abolished,

and shall have no further legal existence, but the statutes and laws

under which they existed, and all laws prescribing their duties,

powers, purposes, responsibilities and jurisdiction are hereby ex- pressly continued in force. The department of agriculture shall

also be in possession and control of all the records, books, papers,

equipment, supplies, moneys, funds, appropriations and other property, real or personal, now or hereafter held for the benefit or use of

said bodies, offices and officers, or any part thereof.

Sec. 2, Art. I, To execute, etc.; general powers.—The department of

agriculture shall have power

9th. To execute and enforce all laws relating to the inspection of

foods, drugs, dairy products, oils, cider, vinegar, oleomargarine, butterine, and all other food products, and sanitation of premises used

for the manufacture, preparation, storage and sale of foods and food
754 LAWS CONCEENLNG WEIGHTS AND MEASUBES

products; cold-storage warehouses, seeds, noxious weeds, commercial

feeding stuffs, live stock remedies, commercial fertilizer, hotels and

restaurants, lodging houses, weights and measures, including the

inspection of all warehouse and public scales, including scales of fuel

dealers and all merchants, and from time to time promulgate such

rules and regulations and, with the advice of the State chemist, adopt

such standards of food products as are necessary and proper to enforce the provisions of this title. See. 1, Art. V. Division of inspection; powers and duties.—The head

of this division shall be known as the director of inspections. The

secretary of agriculture, through the division of inspections shall,

except as hereinafter provided, administer the laws, perform the

duties and exercise the powers heretofore administered, performed

and exercised by the State entomologist, the State food and drug

commissioner, the State dairy expert and the State bee inspector.

Sec, 3, Art. V. Foods; adulteration and misbrandings.—^Except as

hereinafter provided, the secretary of agriculture shall succeed to the duties and powers heretofore placed upon and granted the State

food and drug commissioner, and wherever the expression " State

food and drug commissioner " or the term " commissioner " now

appears in any of the sections of the Revised Code of 1919 of South

Dakota, or subsequent laws of the State of South Dakota, the sec- retary of agriculture shall be substituted in place of such State food

and drug commissioner or commissioner. Through the division of

inspections and the director thereof, the secretary shall be authorized to make complaint against any person violating any of the

provisions of the laws he is hereby empowered and required to enforce and administer before any court having jurisdiction, and

security for costs shall not be required of the complainant in any

action or proceeding instituted by him or under his authority for the

purpose of such enforcement; and it shall be the duty of all prosecuting officers of this State to prosecute to completion all actions or proceedings brought under the provisions of this chapter. * *

*

Sec. 6, Art. V. Foods; bread.—Chapter 239 of the Session Laws of

1921, as amended by chapter 188 of the Session Laws of 1923, relat- ing to bread, the manufacture and sale thereof, and providing standard weights therefor, is hereby retained in force; provided, that

wherever in such chapter as so amended either of the following

expressions " State food and drug commissioner," " Food and drug

commissioner " or commissioner " shall appear, there shall be substituted therefor the expression " secretary of agriculture " or " sec- retary," and the secretary of agriculture shall enforce, through the

division of inspections, the provisions of said chapter as so amended.

Sec. 9, Art. V, Paints and oils.—Sections 7884 to 7891, inclusive, of

the Revised Code of 1919, relating to paints, linseed oil, and substi- tutes therefor and compounds thereof, are hereby expressly retained

in force : Provided^ That wherever in such sections either of the fol- lowing expressions " State food and drug commissioner," " food and

drug commissioner " or " commissioner " shall appear there shall be

substituted therefor the expression " secretary of agriculture " or "secretary," and the secretary of agriculture shall enforce, through

the division of inspections, the provisions of said sections.

Sec. 10, Art. V. Commercial feeding products and medicinal stock

foods.—Sections 7892 to 7903 of the Revised Code of 1919, relating
SOUTH DAKOTA 755

to commercial feeds and medicinal stock foods, their registration,

labeling and sale, are hereby expressly retained in force : Provided,

That wherever in such sections either of the following expressions

" State food and drug commissioner," " food and drug commissioner " or " commissioner " shall appear there shall be substituted

therefor the expression " secretary of agriculture " or " secretary,"

and the secretary of agriculture shall enforce, through the division

of inspections, the provisions of said sections.

Sec. 11, Art. V. Commercial fertilizers.—Chapter 207 of the Session

Laws of 1919, relating to registration, labeling and sale of commercial

fertilizers, is hereby expressly retained in force: Provided, That

wherever in such sections either of the following expressions " State

food and drug commissioner," " food and drug commissioner " or

" commissioner " shall appear there shall be substituted therefor the

expression " secretary of agriculture " or " secretary," and the secre- tary of agriculture shall enforce, through the division of inspections,

the provisions of said sections.

Sec. 12, Art. V. Petroleum products.—Sections 7866 to 7883, inclusive, being title four, chapter eleven of the Revised Code of South

Dakota for 1919, relating to the inspection and sale and storage of

petroleum products, are hereby expressly retained in force: Provided, That wherever in such title either of the following expressions

" State food and drug comniissioner," " food and drug commissioner " or " commissioner " shall appear, there shall be substituted therefor

the expression " secretary of agriculture " or " secretary," and the

secretary of agriculture shall enforce through the division of inspections the provision of said title. Sec. 13, Art. V. Standards of weight and measure; providing for in- spection of weights and measures.—Chapters 358 and 359 of the Ses- sion Laws of 1919, providing standards of weights and measures and for the inspection of weights and measures and weighing and

measuring devices, are hereby expressly retained in force : Provided,

That wherever in such chapters as so amended either of the following expressions " State food and drug commissioner," " food and

drug commissioner " or " commissioner " shall appear, there shall be

substituted therefor the expression " secretary of agriculture " or

" secretary," and the secretary of agriculture shall enforce, through

the division of inspections, the provisions of said chapters. Sections

10371 to 10377, inclusive, of the Revised Code of 1919, relating to standards and methods of measurements, are hereby expressly re- tained in force. Section 9573 and sections 4272 to 4276, inclusive,

of the Revised Code of 1919, are hereby repealed. And, sections

9765, 9581, 9682, 9584, 9585 and 9586 of the Revised Code of 1919

and section 9583 of the Revised Code of 1919 as amended by chapter

344 of the Laws of 1921, are expressly retained in force : Provided,

That wherever in such sections reference is made to the State board

of railroad commissioners, it shall be construed to mean the secretary

of agriculture.

Laws, 1919, ch. 359, p. 441.

Sec. 1. Inspector and sealer of weights and measures, who is; duties.

The State food and drug commissioner * is hereby made ex officio

* Now under the department of agriculture. See Laws, 1925, ch. 115, supra.
756 LAWS CONCEKNING WEIGHTS AND MEASUEB6

inspectoi' and sealer of weights and measures and is hereby charged

with the duty of carrying into force and effect the provisions of this

act. The duties devolving upon him under the provisions of this act shall be performed with the assistance of the inspectors and other

employees of the State food and drug department in connection with

the performance of other duties devolving upon them as employees

of such department.

Sec. 2. Duplicate State standards, where kept; verification.—In addition to the State standards of weights and measures provided for

by law, there shall be supplied by the State at least one complete

set of duplicate standards, to be kept at all times in the office of the

State food and drug commisisoner and to be Imown as the office standards; and such other weights, measures, and apparatus as may

be found necessary to carry out the provisions of this act, to be Icnown

as working standards. Such weights, measures, and apparatus shall be verified by the State food and drug commissioner or his assist- ants at his direction, upon their initial receipt and at least once in each year thereafter, the office standards hj direct comparison with

the State standards, the working standards b}' comparison with the

office standards. When found accurate upon these tests the office and

working standards shall be sealed by stamping on them the letters " S. D." and the last two figures of the year with seals, which the

State food and drug commissioner shall have and keep for that purpose. The office standards shall be used in making all comparisons

of weights and measures and weighing and measuring devices submitted for test in the office of the State food and drug commissioner.

Sec. 3. Reports.—The State food and drug commissioner may from

time to time make, and he is hereby authorized to make, reports in

printed bulletins, of the work undertaken and accomplished under

this act, together with other information relative to weights and

measures as may be deemed suitable.

Sec. 4. Supervision of weights and measures for sale and in use, and

in public institutions ; State university to assist, when.—Except as provided for in section 9765 and in sections 9581 to 9586 inclusive, of

the Revised Code of 1919, the State food and drug commissioner

shall have and keep a general supervision of the weights, measures, and weighing or measuring devices, offered for sale, sold, or in use

in the State. He, or his assistants at his direction, shall at least once annually test all scales, weights, and measures used in checking the

receipts and disbursements of supplies in every institution for the

maintenance of which moneys are appropriated by the legislature,

and he shall report in writing his findings to the supervisory board

and to the executive officer of the institution concerned, and, at the

request of such board, or executive officer, he shall appoint in writing one or more employee then in the actual service of the institution

who shall act as special deputies for the purpose of checking the

receipts or disbursements of supplies. It is hereby made the duty of

the department of physics of the State University of South Dakota,

upon request of the food and drug commissioner to assist him or his

assistants in all such matters as may require the facilities of the

laboratory of that department or technical knowledge relating to physical measurements.

Sec. 5. Weights and measures, testing of and of packages; police powers.—When not otherwise provided by law the State food and
SOUTH DAKOTA 757

drug commissioner shall have the power, and it shall be his duty

to inspect, test, try and ascertain if they are correct, all weights, measures and weighing and measuring devices kept, offered, or ex- posed for sale, sold or used or employed by any proprietor, agent,

lessee, or employee in proving or ascertaining the size, quantity,

extent, area, or measurement of quantities, things, produce or articles

of distribution or consumption purchased or offered or submitted by

such person or persons for sale, hire or award ; and he shall have the

power to, and shall, from time to time, weigh or measure and inspect

packages or amounts of commodities of whatsoever kind kept for

the purpose of sale, offered or exposed for sale, sold or in the process

of delivery, in order to determine whether the same contain the

amounts represented, and whether they be offered for sale or sold in

a manner in accordance with law. He may for the purposes above

mentioned, and in the general performance of his official duties, enter and go into or upon, without formal warrant, any stand,

place, building, or premises, or stop any vender, peddler, junk dealer,

coal wagon, ice wagon, delivery wagon, or any dealer whatsoever,

and require him, if necessary^ to proceed to some place which the

State food and drug commissioner may specify, for the purpose of

making proper tests. Whenever the State food and drug commissioner finds a violation of the statutes relating to weights and measures, he shall cause the violator to be prosecuted.

Sec. 6. Testing and sealing-.—Whenever the State food and drug

commissioner compares weights, measures, or weighing or measuring

devices and finds that they correspond or causes them to correspond

with the standards in his possession, he shall seal or mark such

weights, measures or weighing or measuring devices with appropriate seals or marks.

Sec. 7. Weights and measures, may be condemned and seized, when.

The State food and drug commissioner shall condemn and seize and

may destroy incorrect weights, measures, or weighing or measuring

devices which in his best judgment, are not susceptible to satis- factory repair; but such as are incorrect and yet may be repaired,

he shall mark or tag as " Condemned for repairs." The owners or

users of any weights, measures, or weighing or measuring devices of

which such disposition is made shall have the same repaired or cor- rected within sixty days, and they may neither use nor dispose of the same in any way, nor remove or deface any such " Condemned for

repairs " tag or other mark or tag affixed by the food and drug commissioner until they shall have received from the food and drug commissioner written permission to do so. Any weights, measures or weighing or measuring devices which have been " Condemned for

repairs," and have not been repaired as required above, shall be

confiscated by the food and drug commissioner.

Sec. 8. Interfering with officials.—Except as in this act otherwise

provided any person, firm or corporation preventing or attempting

to prevent, or in any way interfering with the food and drug commissioner or an}^ of his inspectors or agents in entering the premises

where a weighing or measuring device may be kept, for inspecting or

testing the same, or knowingly failing or neglecting to observe any

reasonable rule or regulation of the said food and drug commissioner

adopted for the enforcement of this act, shall be deemed guilty of a
758 LAWS CONCERNING WEIGHTS AND MEASURES

misdemeanor and upon conviction thereof shall be fined not to exceed one hundred dollars for each offense.

Sec. 9. Beputy inspectors, powers and duties.—The powers and duties

given to and imposed on the State food and drug commissioner by

sections 5, 6 and 7 of this act are hereby given to and imposed upon

his deputy and inspectors also, when acting under his instructions

and at his direction.

Sec. 10. Officials made special policemen.—The State food and drug

commissioner, liis deputy and inspectors, are hereby made special

policemen, and are authorized and empowered to arrest any violator

of tlie statutes in relation to weights and measures, to enter complaint before any court of competent jurisdiction, and to seize and

use as evidence, without formal warrant, any false or unsealed

weight, measure, or weighing or measuring device or package or amount of commodities found to be used, retained, or offered or exposed for sale or sold in violation of law.

Sec. 11. Impersonating officials; penalty.—Any person who shall impersonate in any way the food and drug commissioner as inspector of

weights and measures, his deputy, or inspectors, in the performance

of his or their official duties shall be guilty of a felony, and upon

conviction thereof in any court of competent jurisdiction shall be

punished hj a fine not exceeding one thousand dollars, or by imprisonment in the State penitentiary for not more than one year.

Sec. 12. Hindering or obstructing officials; penalty.—Any person who

shall hinder or obstruct in any way the food and drug commissioner,

his deputy, or inspectors, in the performance of his or their official duties shall be guilty of a misdemeanor, and upon conviction thereof

in any court of competent jurisdiction shall be punished by a fine of not less than $20 or more than $100 or by imprisonment in the

county jail for not more than thirty days or by both such fine and

imprisonment.

Sec. 13. Milk or cream bottles or jars, not complying with law; penalty; tests to be made, when.—Any dealer or person who uses for the

purpose of selling milk or cream, jars or bottles that do not comply

with the requirements of the law as to marking and capacity shall be

deemed guilty of giving false or insufficient measure. Any manufacturer, person, firm or corporation, who sells milk or cream bottles to be used in this State that do not comply with the law as to size and markings shall suffer the penalty of one hundred dollars, to be

recovered by the attorney general in an action to be brought in

name of the people of the State. The State food and drug commissioner shall, from time to time,

make tests on individual jars or bottles used by the various firms

in the State for milk or cream in order to ascertain whether the above

provisions are being complied with.

Sec. 14. Test of weights and measures upon complaint.—Whenever

complaint shall be made to the State food and drug commissioner that

any false or incorrect scales, weights or measures are being made

use of by any person, firm or corporation in the purchase or sale of

merchandise or other commodities or in weighing any article or commodity, the piece price for which is determined by weight or measure

it shall be his duty to cause the same to be inspected as soon as thb

duties of his office will permit, and he shall make such other in-
SOUTH DAKOTA 769

spections of the weights and measures as in his jiidgment is [are]

necessary or proper to be made.

Sec. 15. False weights and measures, possession or use of; penalty.

Any person who, by himself, or by his servant or agent or as the

servant or agent of another person, shall offer or expose for sale, sell, use in buying or selling of any commodity or thing or for hire or award, or retain in his possession a false Aveight or measure or measuring or weighing device, or any weight or measure or weighing or measuring device which has not been sealed by the State food and

drug commissioner within one year, or shall dispose of any con- demned weight, measure, or weighing or measuring device contrary

to law, or remove any tag placed thereon by the State food and

drug commissioner, or his assistants at his direction; or who shall

sell or offer or expose for sale less than the quantity he represents, or shall take or attempt to take more than the quantity he represents, when as the buyer, he furnishes the weight, measure, or weighing or measuring device by means of which the amotmt of the com- modity is determined; or who shall keep for the purpose of sale, offer or expose for sale or sell any commodity in a manner contrary

to law; or who shall violate any provision of this act for which a

specific penalty has not been provided; or who shall sell or offer to

sell or use or have in his possession for the purpose of selling or using any device or instrument to be used, or calculated to falsify

any weight or measure ; shall be guilty of a misdemeanor, and shall be punished by a fine of not less than $20.00 or more than $100.00, or by imprisonment for not more than thirty days, or by both such

fine and imprisonment, upon the first conviction in any court of

competent jurisdiction; and upon a second or subsequent conviction

in any court of competent jurisdiction, he shall be punished by a

fine of not less than $60.00 or more than $500.00 or by imprisonment

in the county jail for not more than one year, or by both such fine and imprisonment.

Sec. 16. Prosecutions, how conunenced.—The State's attorney of

each county in the State is hereby authorized and required upon

complaint on oath of the State food and drug commissioner or other

person, to prosecute before any court of competent jurisdiction in

the name of the State of South Dakota a proper action or proceeding

against any person or persons violating the provisions of this act.

Sec. 17. Repeal.—Sections 10379 to 10384 inclusive, section 10390

and sections 10395 to 10400 inclusive of the Revised Code of 1919, are hereby repealed, save and except that this act shall not be con- strued as amending, impairing, repealing or conflicting with the provisions of sections 9764. 9765, 7992, 7993 and sections 9581 to 9586

inclusive of the Revised Code of 1919. Rev. Code, 1919, Vol. 1, Part 4, ch. 10, p. 1041.

Sec. 4272°. False weights and measures.—If any person, with intent

to defraud, uses a false balance, weight or measure, in the weighing

or measuring of anything that is purchased, sold, bartered, shipped

or delivered for sale or barter, or that is pledged or given in payment,

he shall be punished by a fine not exceeding one hundred dollar nor less than five dollars, or by imprisonment in the county jail

not more than thirty days, or by both such fine and imprisonment,
760 LAWS CONCERNING WEIGHTS AND MEASURES

and shall be liable to the injured party in double the amount of

damages.

Sec. 4273. Eetaining same knowingly.—Every person who retains

in his possession an}^ weight or measure, knowing it to be false,

unless it appears that it was so retained without intent to use it or permit it to be used in violation of the preceding section, shall be

punished as therein provided.

Sec. 4274. False weights and measiures may be seized.—Every per- son who is authorized or required by law to arrest another person

for a violation of the two preceding sections is equally authorized

and required to seize any false weights or measures found in the

possession of the person so arrested, and to deliver the same to the

magistrate before whom the person so arrested is required to be

taken.

Sec. 4275. Weights may be tested and destroyed.—The magistrate to whom any weight or measure is delivered, pursuant to the last section, shall upon the examination of the accused, or if the examination

is delayed or prevented, without awaiting such examination, cause

the same to be tested by comparison with standards conformable

to law, and if he finds it to be false, he shall cause it to be destroyed,

or to be delivered to the State's attorney of the county in which

the accused is liable to prosecution or trial, as the interests of justice

in his judgment require.

Sec. 4276. Shall be destroyed, when.—Upon the conviction of the

accused, such State's attorney shall cause any weight or measure in

respect whereof the accused stands convicted, and which remains in

his possession or under his control, to be destroyed.

Rev. Code, 1919, Vol. 2, ch. 2, Art 1, p. 1469.

Sec. 6169, as amended by Laws, 1919, ch. 275, p. 322. Powers enumerated.—Every municipal corporation shall have power ; * *

* Subdivision 68. To provide for the inspection, weighing and measuring of hay, lime, stone, wood, coal, lumber, charcoal, or any article of merchandise and all kinds of coal and wood used for fuel or for

heating purposes and the places and manner of weighing and measuring the same and the establishing of city scales and the appointment of weighers and inspectors.

Subdivision 69. To provide for the inspection and sealing of

weights and measures. Subdivision 70. To enforce the keeping of proper weights and

measures by vendors.

Sec. 6170 (1913). Powers of cities.—In addition to the powers

granted by the preceding article [art. 1] every city shall have

power : * *

* 12. To regulate the sale of bread in the city and prescribe the

weight and quality of the bread in the loaf. Rev. Code, 1919, Vol. 2, Part 22, ch. 8, Art. 1, p. 2700.

Sec. 10371 (1915). Cubic ton of hay.—Unless otherwise agreed

upon between the contracting parties, the following shall be the legal

measurement of a ton of hay in stack:

For clean, native blue joint hay, alkali or salt grass hay or wheat

grass hay or the same mixed, settled in the stack for thirty to sixty

days, 422 cubic feet, thereafter 343 cubic feet.
SOUTH DAKOTA 761

For clean, alfjilfa hay, settled in the stack for thirty to sixty days,

512 cubic feet, thereafter 422 cubic feet. For clean timothy or clover hay, or the same mixed, settled in the

stack from thirty to sixty days, 612 cubic feet, thereafter 422 cubic

feet. Sec. 10372. Method of measurement.—Unless otherwise agreed upon

between the contracting parties, the following method is prescribed

for determining the number of cubic feet in a rick stack of hay

The width and the length of the stack on the groimd shall be

measured, and the average distance from the ground against one

side of the stack to the ground against the other side of the stack,

directly over and opposite, shall be taken in linear feet and inches,

and then the width shall be subtracted from the measurement over

the stack as above indicated, the result divided by two, and the result so obtained multiplied by the width and the result thus obtained

multiplied by the length, which will give the number of cubic feet contained in the stack; and the tonnage thereupon determined by

dividing the total number of cubic feet, as above determined, by

the number of cubic feet allowed under the provisions of this article

for a ton.

Sec. 10373. Round stack method.—Unless otherwise agreed upon between the contracting parties, the following method is prescribed

for determining the number of cubic feet in a round stack of hay:

Measure around the base of the stack in feet, and multiply such

number by itself, and multiply the product by the height of the

stack in feet, and divide the last-named product by twenty-five and

the quotient so determined is the cubical contents of the stack, and

the tonnage thereupon is determined by dividing the total number

of cubic feet, as herein determined, by the number of cubic feet allowed for a ton under the provisions of this article.

Sec. 10374°. Perch of mason work.—A perch of mason work or stone

is hereby declared to consist of twenty-five feet cubic measure.

Sec. 10375 (1915). Log rule.—The log rule now in use by the department of school and public lands and known as the " decimal

C " log rule, is hereby declared and adopted as the legal rule by

which all logs hereafter sold by the State from its public lands

shall be measured and scaled.

Sec. 10376°. False mark or stamp; penalty.—Every person who

knowingly marks or stamps false or short weight, or false tare, on any cask or package, or knowingly sells or offers for sale any cask

or package so marked, shall be deemed guilty of a misdemeanor.

Sec. 10377. Increasing weight of package; penalty.—Every person

who, in putting up in any bag, bale, box, barrel or other package any

hops, cotton, hay or other goods usually sold in bags, bales, boxes,

barrels or packages, by weight, puts in or conceals therein anything

whatever for the purpose of increasing the weight of such bag, bale,

box, barrel or package, shall be deemed guilty of a misdemeanor.

Rev. Code, 1919, Vol. 2, ch. 8, Art. 3, p. 2706.

Sec. 10385 (1893). Public weigher and measurer; appointment.—^There

shall be appointed in each municipal corporation, in April of each

year, at least one public weigher and measurer, who shall hold his

office for one year and until his successor is appointed and qualified.
762 LAWS CONCEBNING WEIGHTS AND MEASUBBS

Sec. 10386. Oath and bond.—Such public weigher and measurer,

before entering upon the duties of his office, shall take the usual offi- cial oath and shall execute to the municipal corporation a bond in

the sum of five hundred dollars, conditioned for the faithful per- formance of his duties.

Sec. 10387. Standard weights and measures to be furnished.—Every

municipal corporation shall furnish to each public weigher and

measurer, so appointed, a set of weights and measures of the United

States standard, to be under his exclusive control.

Sec. 10388. Municipal scales.—Each municipal corporation shall procure for each public weigher and measurer therein appointed a

set of true and exact scales having a capacity to weigh five tons at one time, and shall cause such scales to be set up and properly ar- ranged for weighing in a convenient place in such municipal cor- poration, to be selected by the governing body thereof, and such

scales shall be under the control and management of the public

weigher and measurer.

Sec. 10389. Duty of weigher.—It shall be the duty of the public

weigher and measurer appointed under the provisions of this article to immediately and correctly weigh all articles, loads or animals

brought for that purpose to the scales over which he has control.

Sec. 10391. Certificate.—Such public weigher and measurer shall

give to every person for whom he does any weighing a certificate showing the gross amount thereof, and shall keep in his office a true and correct copy of the certificate so given, which certificate or copy

shall be prima facie evidence of the weight of the article, animal or load so weighed.

Sec. 10392. Fees.—Such public weigher and measurer shall receive

for each weight so made by him the sura of ten cents, and for each

scale so tested by him the sum of twenty-five cents, and for each measure tested by him the sum of twenty-five cents, to be paid by

the person for whom such weight or test is made.

Sec. 10393. Scales must be accurate.—It shall be the duty of the

public weigher and measurer to keep the scales over which he has

control, by virtue of his office, in condition to make true and exact weighing.

Sec. 10394. False certificate; penalty.—Any weigher and measurer mentioned in this article who shall make any false or fraudulent certificate of any weighing or measuring done by him, or shall be guilty

of any collusion with any other person for the purpose of deceiving

any person in regard to the correctness of any scales, weights or measures, shall be punished for each offense by a fine of one hundred

dollars or by imprisonment in the county jail for ninety days, or by

both such fine and imprisonment.

laws, 1921, ch. 239, as amended by Laws, 1923, ch. 188, p. 174.

Sec. 1. Bread, standard loaves fixed; marking required; tolerances; food and drug commissioner to enforce.—(a) It shall be unlawful for

any person, firm or corporation to sell in this State, bread in loaves

of any other weights than the following standard avoirdupois

weights: One pound, one and one-half pounds, and any greater

weight which is a multiple of one-half pound. These shall be the

standard weights of bread to be sold in this State, and bread shall not be sold except of these weights: Provided, however^ That the
SOUTH DAKOTA 763

provisions of this act regarding weight shall not apply to biscuits,

buns, crackers, rolls, or to what is commonly known as " stale bread " and sold as such, if the seller at time of sale shall expressly state to the buyer that the bread so sold is "stale " bread : And provided further, That commercial bread shall be deemed stale forty-eight hours

after baking. When twin or multiple loaves are baked, the weights

specified in this section shall apply to each unit of the twin or multiple loaf, but nothing in this act shall be construed to prohibit making a twin loaf of total weight of twenty-four ounces, if the same be

wrapped and sold as one twenty-four ounce loaf. There shall be

printed upon the wrapper of each loaf of bread in plain and con- spicuous type the name and address of the manufacturer of the bread

and the weight of the loaf in terms of one of the standard weights

herein specified, or in lieu of statement of weight, a declaration that

the wrapped loaf is a standard weight loaf. The State food and drug

commissioner shall enforce the provisions of this act and shall adopt

and establish, in the manner provided by law, rules for such enforcement, including reasonable tolerances and variations within which

all weights shall be kept: Provided, however, That such tolerances

shall apply only to individual loaves, and variations from the standard weights herein prescribed shall be as often above as below the

standard and the average weight of all loaves of the same designated

weight and kind produced by any baker shall at least equal the standard weight which such loaves are indicated by the label or otherwise

represented as weighing.

« 4 « « Hc *

Sec. 4. Penalty.—Any person, firm or corporation that shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars

($100.00) and each day's continuance of any practice, act or condition prohibited herein shall constitute a separate offense within the

meaning of this act. Rev. Code, 1919, Vol. 2, ch. 11, Art. 8, p. 1970.

Sec. 7866 (al917). Inspection of petroleum products.—The State

food and drug commissioner shall be ex officio inspector of petroleum

products. He shall not appoint any deputy or assistant as special oil inspector, but the inspection of petroleum products shall be made

contemporaneously with the performance of the other duties of

such commissioner. Neither the commissioner nor any inspector

shall traffic directly or indirectly in any product subject to inspection

under the provisions of this article.

Sec. 7867. Definitions.—As used in this chapter the phrase " pe- troleum products " shall be construed to mean all illuminating oils which are the product of petroleum, or into which petroleum or any

product of petroleum enters or is found as a constituent element and

includes gasoline, kerosene, benzine, naptha, petrol and any mixture

or compound of a like or similar nature ; and the word " inspector "

shall be construed to mean the food and drug commissioner, or any

deputy or assistant appointed by him for the purpose of enforcing

the provisions of this article.

Sec. 7871. Fees; number of gallons to barrel.—The inspector shall demand and receive from the owner or other person for whom
764 LAWS CONCEKNING WEIGHTS AND MEASX7BES

he shall examine or test any petroleum products, as defined in this

article, five cents for every barrel so examined or tested, which fee

shall constitute a lien on the product so examined or tested. When

the amount contained in any tank, cask, or other vessel shall exceed

fifty gallons, each fifty gallons shall constitute a barrel.

Sec. 7878. Inspect measuring devices; standard used; measuring devices, test of; disposition, when found incorrect; barrels for shipment of petroleum, how labeled; pumps and vending machines, may be seized,

when; penalty.—It shall be the duty of the State inspector of pe- troleum products to inspect all pumps, vending machines and

measuring devices used in this State for measuring or transporting

kerosene, gasoline or other petroleum products, for the purpose of

determining whether such measuring devices deliver correct measure. The standard for the measure of petroleum products shall be the

United States standard gallon and the measures received from the

United States as standard measures together with such as shall be

supplied by the State inspector in conformity therewith and certi- fied by the National Bureau of Standards, shall be the measures

used in the enforcement of this article. It shall be the duty of the inspector to inspect, test, and ascertain the

correctness of all such measuring devices, for which purpose he shall have access without formal warrant to all places, premises, wagons

or delivery trucks where petroleum products are sold or delivered.

When such measuring devices are found to be correct and corresponding with the standards in his possession, the inspector shall seal them

with appropriate devices. The inspector shall condemn and seize and may destroy any incorrect measure or measuring device which

in his best judgment is not susceptible of satisfactory repair; but

such as are incorrect and yet, in his best judgment, may be satisfactorily repaired, he shall mark or tag as " Condemned for repairs." The

owner or user of any measure or measuring device so marked or tagged shall have the same corrected within ten days, and may

neither use nor dispose of it in any way, but shall hold the same at the disposal of the State inspector. Any measure or measuring device which has been condemned for repairs and has not been repaired

within the prescribed time, shall be confiscated by the inspector.

All barrels used for the shipment or sale of petroleum products in

this State shall be labeled in letters and figures not less than two

inches high, showing the true net contents in United States standard

gallons.

For the purpose of this section the State inspector of petroleum

products, his deputies and inspectors, shall be special policemen and

authorized to seize without formal warrant, for use as evidence,

any pump, vending machine or measuring device used, kept or

offered for sale in violation of this section. Any person who shall use any false or incorrect pump, vending machine or measuring device

for the sale or transfer of gasoline, kerosene or other petroleum product as defined in this article, or who shall dispose of any such device

in volation of its provisions, or who shall sell any such products, by

short measure, in bulk, barrels, casks or other containers, shall be

deemed guilty of a misdemeanor and upon conviction thereof for

the first offense shall be punished by a fine of not less than ten nor more than fifty dollars, and for each subsequent offense by a fine of
SOUTH DAKOTA 765

not less than twenty-five nor more than one hundred dollars, and the

incorrect or false device used by such offender shall be confiscated

by the inspector.

Laws, 1925, ch.. 113, p. 101.

Sec. 5. Number of cigarettes to package.—* * * All cigarettes

sold in this State shall be put up in packages containing 5, 8, 10,

12, 15, 16, 20, 25, 40, 50, 80, or 100 cigarettes each. * *

*

Rev. Code, 1919, Vol. 2, ch. 11, Art. II, p. 1953.

Sec. 7807 (1917). "Food" defined.—The word " food " as used in

this article shall include all substances used as food, drink, confectionery or condiment by man or other animals, whether simple, mixed

or compound, and all substances or ingredients to be added to foods

for any purpose.

Sec. 7809, as amended by Laws, 1923, eh. 193, p. 178. " Misbranded

defined.—* * * and for the purpose of this article a food product

shall also be deemed to be misbranded. * *

*

3. If in package form and the quantity of the contents be not

plainly and conspicuously marked on the outside of the package in

terms of weight, measure or numerical count, together with the name

and address of the real manufacturer or jobber or other person

responsible for placing the product upon the market : Provided^

however^ That reasonable variations as to the quantity of the contents of package shall be permitted, and tolerance and exemptions

as to small packages shall be established by rules and regulations

made in accordance with the provisions of section 7793. Rev. Code, 1919, Vol. 2, ch. 9, Art. 10, p. 1981.

Sec. 7893 (al913). Feeding stuffs to have net weight marked; weight

of packages.—Any person who shall sell, offer or expose for sale or

distribution in this State any concentrated commercial feeding

product, shall furnish with each shipment, and shall affix to every

package or parcel of such product, in a conspicuous place on the

outside thereof, a legible and plainly printed statement in the

English language, in type as large as ten point, clearly and truly

certifying

1. The net weight of the package : Provided, That all such products shall be in standard-weight bags or packages of twenty-five

pounds or multiples thereof, or in bulk.

2. The name, brand or trade-mark of the product.

3. The name and principal address of the manufactui'er or person

responsible for placing the product on the market. * *

* Sec. 7897. Stock food to have net weight marked.—Every lot, parcel or package of medicinal stock food, sold, offered or exposed for sale or distribution within this State shall have affixed thereto a label in a conspicuous place on the outside thereof, containing a legible and

plainly printed statement in black ink, in the English language,

clearly and truly certifying

1. The net weight of the package.

2. The name, brand or trade-mark of the product.

3. The name and principal address of the manufacturer or person

responsible for placing the product on the market ; * * *
766 LAWS CONCEENINQ WEIGHTS AND MEASUBES

Rev. Code, 1919, Vol. 2, Part 20, ch. 1, Art. 2, p. 2460.

Sec. 9581 (1915). State board of railroad commissioners; board pro- vides rules for weighing.—The board of railroad commissioners shall

have authority to prescribe and enforce reasonable rules and regulations for the weighing of cars and of freight offered for shipment

in carload lots and of livestock at stockyard scales, and of hay, grain,

wood, coal and like subjects of commerce when weighed in ton lots in this State. All track scales and all other scales in this State used

by common carriers or by shippers for the purpose of weighing cars or freight offered for shipment in carload lots, and all stock scales at stockyards and all private, farm, and town and city scales used

in weighing hay, grain, wood, coal and like subjects of commerce when weighed in ton lots shall be under the supervision and control

of the board of railroad commissioners and be subject to inspection

by such board.

Sec. 9582. Sealing devices required.—Whenever directed so to do by

the board of railroad commissioners, any common carrier or shipper

or other person owning or operating a scale under the jurisdiction

of such board shall equip such scale with any sealing device con- sidered by the board to be a proper and safe device to be used in

the sealing of scales. Any person who shall change, break or tamper

with any seal or sealing device after the same shall have been properly installed and inspected by any member of the board of railroad

commissioners, or any inspector or authorized agent thereof, shall be

deemed guilty of a misdemeanor and upon conviction thereof shall be

punished by a fine of not less than one hundred nor more than five hundred dollars, or by imprisonment in a county jail not exceeding

six months.

Sec. 9583, as amended by Laws, 1921, ch. 344, p. 458. Duty to inspect.—Whenever requested so to do by any common carrier or

shipper, or by any other person owning or using a scale under the

jurisdiction of such board, or whenever necessary or proper in the

judgment of such board, it shall be the duty of such board, by any

one or more of its members or by any authorized inspector or agent,

to inspect and test any such scale: Provided, That such board shall

not be obliged to inspect or test any farm scale, except upon request of

the owner or some person using or about to use the same, and in such

cases only under reasonable conditions, rules and regulations to be

fixed and prescribed by the board; and for that purpose the board

is authorized to provide itself with proper facilities, devices or as- sistants for making such inspections or tests. And whenever any

scale shall be found to be incorrect, it shall be unlawful for the com- mon carrier or shipper or other person owning or operating such scale to pemit [permit] the same to be used again until it shall have been re- examined and retested and found to be correct. If such scales are found to be incorrect and are condemned, upon the request of the owner

of such scales or the persons in charge of the same it shall be the duty

of the scale inspector or other person inspecting the same, with such

competent assistance to be furnished by the owner of such scales or the person in charge of the same as may in the judgment of the said

inspector or other person inspecting such scales be necessary, to re- pair the same immediately : Provided, That if the securing of neces- sary parts for the repair of such scales will occasion delay, such in-
SOUTH DAKOTA 767

spector or person inspecting the same shall perform the work of making such rejDairs with assistance to be furnished as aforesaid, as promptly as possible : And, provided further, That the board of rail- road commissioners shall make and publish such reasonable rules and

regulations for the inspection, testing and repairing of such scales as may be necessary and desirable and not inconsistent with the laws

of this State, specifjdng therein among other things the extent and

nature of the repairs which will in its judgment be practicable for

its inspectors to make. In addition to the fee provided by law for the

inspection of such scales, the owner or person in charge of such scales shall pay to the board of railroad commissioners one dollar (Si. 00)

per hour for the time devoted by the inspector or other person inspecting such scales, to the work of repairing the same. The owner or per- son in charge of scale being repaired shall furnish all materials

needed in making the repairs. All moneys collected under the provisions of this section shall be. by the board of railroad commissioners, deposited with the State treasurer and by him kept in a

se^Darate fund and be expended only on vouchers approved by the

board of railroad commissioners pursuant to the provisions of section

9757 of the Revised Code of 1919 of this State. Any j^erson convicted

of violating any provisions of this section shall be punished by a fine not exceeding $100 or by imprisonment in the county jail not exceeding thirty days for each oft'ense. Sec. 9584 (al917). Fees.—The board of railroad commissioners

shall fix a fee of two dollars for each inspection or test of such scales, to be paid by the person, partnership or corporation owning or operating the same. All money received by waj" of fees for such inspection shall be reported monthly to and deposited with the State treas- urer, and b}' him credited to a fund designated as the " special scale inspection fund." Such fund shall be available for the purpose only

of paying the expenses necessary in carrj'ing out such inspections and

shall be accumulative from year to year. The auditor shall issue

warrants upon such fund, upon vouchers approved by the board

of railroad commissioners, but such fund shall not come within the

restrictions of any law of this State governing payment of expenses

incurred in a previous 3'ear, it being intended that such special scale inspection fund shall be applied to the payment of any necessary

costs or expenses in carrying out the provisions of this article relat- ing to such inspections, whether incurred during the ensuing or pre- vious fiscal years, and such special scale inspection fund and

all accumidations thereof are hereby appropriated for the payment

of the costs and expenses rendered necessary in carrying out such

inspections.

Sec. 9585 (1915). Power to inspect at any time.—Any member, in- spector or authorized agent of the board of railroad commissioners

may at any time, without notice, enter the premises where any scale under the jurisdiction of the board may be, and may test and inspect

the same. It shall be unlawful for any person to prevent or attempt

to prevent or to interfere in any way with any member, inspector or authorized agent of such board entering such premises or making

such inspection or test. Sec. 9586. Violation; penalty.—Except as in this article otherwise

provided, any person, partnership or corporation neglecting or re- 517—27 49
768 LAWS CONCEENING WEIGHTS AND MEASURES

fusing to install a seal upon any scale under the jurisdiction of the

board of railroad commissioners, after thirty days notice so to do, or permitting the use of any scale that shall have been tested and

found incorrect before the same shall have been again tested and

found to be correct; or preventing or attempting to prevent or in

any way interfering with any member, inspector or authorized agent

of the board of railroad commisisonei'S entering the premises where

such scales may be kept, or inspecting or testing such scales, or knowingly failing or neglecting to observe any reasonable rule or regulation of the board of railroad commissioners relating thereto, shall be

deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars for each

oifense. Rev. Code, 1919, Vol. 2, Part 20, ch. 2, Art. 3, p. 2510.

Sec. 9696 (1915). Track scales, privately owned.—Whenever any

person engaged in business on the right of way or loading tracks at any station of any railroad company doing business in this State

desires to construct, maintain and operate at his own cost and ex- pense, a track scale for the weighing of inbound and outbound shipments of freight in carload lots, such person shall first file in the

office of the board of railroad commissioners a petition setting forth

in substance

1. The name, place of residence, business and place of business of

such petitioner.

2. The name of the station at which such track scale is desired

to be constructed and operated.

3. The name of the railway on whose right of way it is desired

that such track scale shall be constructed and operated.

4. The reasons, stated bi"iefly and without unnecessary repetition,

why it is desired to construct such track scale.

5. The place where such scale is desired to be constructed.

6. That the petitioner is ready, able and willing, and agrees to assume and pay all expenses in any Avise incurred in the construction

of such track scale and in the grading or building of any spur or sidetrack or right of way, and all expense in connection with the

complete construction of such track scale, including any necessary

changes in track, grade or right of way.

Sec. 9697. Notice of hearing on petition.—Upon the filing of such

petition the board shall fix a time and place for hearing the petition

and give at least thirty days' notice thereof to the railway company

and to the petitioner interested.

Sec. 9698. Railroad track scales, may be constructed, when.—If, after

such hearing, the board shall determine that there is a sufficient public demand and public necessity for the construction of sucli track scale, it shall, at the expense of the petitioner, procm-e complete plans and specifications for the construction of such track

scale, and of any spur or side track, and any changes in the track or grade which may be necessary to properly install such track scale,

including an estimate of the actual expenses necessarily to be in- curred in completing the construction of the scale and equipping it so as to put it into operation, as well as the cost of any spur or side

track and any changes in the track or grade which may be neces- sary to install said track scale, and shall serve a copy of such plans
SOUTH DAKOTA 769

and specifications and estimate upon the petitioner and tlie railroad

company intei-ested. Upon tlie service of sucli plans and specifications and estimate, it shall be the duty of the petitioner to pay over

to the board of railroad commissioners the amount of money set

dov.-n as the estimated cost and expenses of constructing such track

scale, and any spur or side track and any changes in the track or

gi"ade necessary for the proper installation of such track scale, and

thereupon it shall be the duty of the board of railroad commissioners

to cause such track scale and spur or side track to be constructed

in accordance v>-ith the plans and specifications and estimate provided therefor, and after such track scale is fully completed, to serve notice to that effect upon the petitioner and the railway com- pany interested, and set a time and place for hearing any objections

to the acceptance of the track scale as constructed. The board of

railroad commissioners shall have authority to determine whether

such scale has been substantially constructed according to the plans

and specifications and is suitable to the requirements of the shippers

at that station, and upon arriving at such determination shall pay

over the cost of construction thereof to the person who constructed

the same. The petitioner shall make good any deficiency between the

estimated and actual cost of construction within thirty days from

the acceptance of such scale. Any surplus remaining after paying

the cost of construction of such scale shall be immediately returned

to the petitioner. The expense of maintaining such scale shall be

borne by the petitioner.

Sec. 9699. Capacity.—Xo such track scales shall be constructed in

such a way as to in any manner interfere with the operation by the

railroad company of its line of railway, and no scale shall be constructed of a size which will not permit of the weighing of an entirely

detached car of a capacity of not to exceed one hundred thousand

pounds.

Sec. 9700. Testing^; construction.—Jurisdiction and authority shall be vested in the board of railroad commissioners to require the construction of track scales and to test and correct the same from time

to time and to regulate the maintenance and operation thereof.

Sec. 9701. Not discontinued without consent of board.—No such track

scale shall be discontinued without the consent of the iDoard of rail- road commissioners, entered at length upon the journal of its j)roceedings, and then only upon restoration of the right of way to its original state at the expense of the original petitioner or his successors in interest. Rev. Code, 1919, Vol. 2, ch. 3, Art. 1, p. 2533.

Sec. 9746 (al917). Duties of board.—It shall be the duty of the

board of railroad commissioners to supervise the storage of grain and

seeds, to establisli all necessary rules and regulations for the management of the public warehouses of the State, as far as such rules and

regulations may be necessary to enforce the provisions of this article, or am" law of this State, in regard to the same : to investigate all complaints of fraud or oppression in the management of such warehouses and to correct the same as far as it may be in its power.

Sec. 9765, as amended by Laws, 1921, eh. 347, p. 460. Public warehouses; inspecting, testing and repairing scales used therein; penalty.

The board of railroad commissioners or any one or more members
770 LAWS CONCERNING WEIGHTS AND MEASURES

thereof or any agent, employee, or scale inspector of the board may

at any time without notice enter any public warehouse in this State

and test and seal all weighing scales and measures used in conducting such warehouse business, and for that purpose the board is au- thorized to provide itself with standard weights and measures and

such additional facilities and equipment, including motor vehicles or such other means of conveyance as in the judgment of the board

may be necessary and suitable in carrjdng on the work of inspecting,

testing and repairing scales in this State. If the person making

such inspection shall find any scales in use in such public warehouse

inaccurate, he shall condemn the same and attacli thereto a card,

notice, or other device indicating that the scales are condemned.

It shall thereafter be unlawful for any person to remove, deface

or destroy such card, notice or other device placed upon condemned

scales, or to again use, or permit the use of such scales for any purpose, until the same shall have been repaired, retested and found to be correct, and until the board of railroad commissioners, or the per- son making the inspection, shall consent to the further use of such

scales. If such scales are found to be incorrect and are condemned,

iipon the request of the owner of such scales or the person in charge

of the same, it shall be the duty of the scale inspector or the per- son inspecting the same, with such competent assistance to be furnished by the owner of such scales or the person in charge of the same as may in the judgment of the said inspector or other person

inspecting such scales be necessary, to repair the same immediately;

provided, that if the securing of necessary parts for the repair of

such scales will occasion delay, such inspector or person inspecting

the same shall perform the work of making such repairs with

assistance to be furnished as aforesaid, as promptly as possible ; and,

provided further, that the board of railroad commissioners shaU

make and publish reasonable rules and regulations for the inspection, testing and repairing of such scales as may be necessary and

desirable and not inconsistent v.ath the laws of this State, specifjdng

therein among other things the extent and nature of tlie repairs

which Avill in its judgment be practicable for its inspectors to make.

In addition to the fee provided by law for the inspection of such

scales, the owner or person in charge of sucli scales shall pay to the

board of railroad commissioners one dollar ($1.00) per hour for the

time devoted by tlie inspector or other person inspecting such scales, to the work of repairing the same. The owner or person in charge

of scale being repaired shall furnish all materials needed in making the repairs. All moneys collected under the provisions of

this section shall be, by the board of railroad commissioners deposited with the State treasurer and by him kept in a separate fund

and be expended only on vouchers approved by the board of rail- road commissioners pursuant to the provisions of section 9757 of the

Eevised Code of 1919 of this State. Any person convicted of violating any provision of this section shall be punished by a fine not

exceeding $100.00 or by imprisonment in the county jail not exceeding thirty days for each offense.

Sec. 9767 (1909). Weighing- of grain at warehouses.—Every person

transacting the business of a public warehouse man in this State,
SOUTH DAKOTA 771

from whose warehouse or elevator grain shall be shipped to any

terminal point at which such grain shall be weighed, inspected and

graded by the officers of the State wherein such terminal point is situated, and certificates of such weighing, inspection and grading

shall be issued by such officer, and every consignee of grain so shipped,

shall transmit and deliver such certificates or true and correct copies

thereof to the person having the immediate charge of the warehouse

or elevator from which such grain was shipped, within ten da3's after

the issuance of such certificates, and such certificates or copies sliall be open to the inspection and examination of any person who has an

ownership interest in such shipment. An}' person violating the provisions of this section shall be guilty of a misdemeanor and upon

conviction tliereof shall be punished by a fine of not less than fiftj^ nor more than one hundred dollars for each and every offense. * *

Eev. Code, 1919, Vol. 2, ch. 11, Art. 9, p. 1979.

Sec. 7884 (1907). Paint labels.—Every person who manufactures

for sale or sells, wixliin this State, anj paint wliich is not accurately

labeled as provided in this article shall be guilty of a misdemeanor

and. upon conviction thereof, shall be punished by a tine of not less than twenty-five nor more than one hundred dollars or by imprisonment in the county jail not exceeding sixty days.

Sec. 7885. Paint denned.-—The term " paint " as used in tliis article shall include white lead in linseed oil or any compoimd intended for

the same use, paste or semipaste. and liquid or mixed paint ready

for use.

Sec. 7886. label contents.—The label required by this article shall be pasted or fastened on the outside of each container of paint, and

shall have printed thereon, clearly and distinctly, the name and

residence ox the manufacturer of the paint, or of the distributor

thereof, or of the person for whom the same is manufactured, and

the quantity of paint contained in the container ; * * *

Sec. ?88?. Possession prima facie evidence.—The possession by any

dealer of any paint not labeled as provided in the preceding section

shall be prima facie evidence. that the same is being kept in violation

of this article. Rev. Code, 1919, Vol. 3, Part 14, ci.. IS, p, 1833.

Sec, 7016 (al911). Babeock test.—* * * T^.Tioever uses the Babcock test or any other test for determining the quantity of butterfat in milk or cream purchased, used or received shall so operate the same as to produce tests of clear oil free from any foreign substance,

shall vreigh the ^am]5ie« to be tested, shall correcth" read the measure- ment of butterfat in sucli tests, and in all transactions concerning the purchase or receiA'ing of any milk or cream to be tested

shall use true and correct glassware and scales, and it shall be unlawful to report or iise as a basis for settlement anything but the

true and correct result as shown by such tests. * *

*

Sec. 7S18 (1909). Testing apparatus.—It shall be unlawful for any- one to use any inaccurate, incorrect, or false pipette, test bottle, scale or other apparatus in maldng tests of milk or cream to determine the

quantity of butterfat contained therein.
772 LAWS CONCERNING WEIGHTS AND MEASURES

Eev. Code, 1919, Vol. 2, Part 15, ch. 6, p. 2005.

Sec. 7992 (1917). Director may promulgate standards and grades.

After investigation and public hearings, Avith the approval of the governor and the Secretary of Agriculture of the United States, such di- rector [of the department of marketingj may, from time to time, establish and promulgate standards for o'pen and closed receptacles and the

grading and classification of farm products, by whicli their quantity,

cjuality or value may be determined ; and prescribe and promulgate

rules and regulations governing the marks, brands and labels which may be required upon receptacles for farm products, for

the purpose of showing the name and address of the producer or packer, the quantity, nature and quality of the product, and

for the purpose of })reventing deception in reference thereto : Provided, That any standard for any farm product or receptacle therefor, or any requirement for marking receptacles for farm products,

established under authority of the Congress of the United States,

shall fortliAvith, as far as applicable, be established, prescribed and

promulgated as the official standard or requirement in this State: Provided, further, That 9inj such standard, rule or regulation shall become efl'ective upon the expiration of sixty days after it shall have

been signed by the director, approved by tiie governor, and published

in at least one publication of two or more newspapers of general

circulation in the territory afi'ected tliereb}'. Sec. 7993. Products must conform to standard.—Whenever any standard for the grade or other classification of anj^ farm product

becomes effective under this chapter no person thereafter shall pack for sale, offer to sell or sell within this State any farm product

to which such standard is applicable, unless it conforms to the

standard, subject to such reasonable variations therefrom as may be

allowed in the rules and regulations made under this chapter: Provided, That an}' farm product maj^ be packed for sale, offered for

sale or sold without conforming to the standard for grade or other

classification apjjlicable thereto, if it is specially desci'ibed or plain!}'

marked " Not graded."

Whenever any standard for an open or closed receptacle for a farm product shall be made effective under this chapter, no joerson shall pack for sale, sell or deliver any such farm product in a receptacle to which such standard is applicable, unless the receptacle con- forms to the standard, subject to such variations therefrom as may be

allowed in the rules and regulations made under this chapter or u.iiless the receptacle be of a capacity 25 per cent less than the capacity of

Ihe minimum standard receptacle for the product: Provided. That

any receptacle for such farm product of a capacity within 2.5 per

cent of, or larger than the minimum standard receptacle for the

product, may be used if it be specifically described as not a standard

size, or be conspicuously marked with the phrase "Not standard size,"' in addition to any other marking which such director may prescribe

for such receptacle under authority given him by this chapter.

Wiieiiever any requirement for marking a receptacle for a farm

product shall have been made effective under this chapter, no ])e;-sou shall sell and deliver in this State any such farm product in a receptacle to Avhich such requirement is applicable, unless the receptacle

be marked according to such requirement.
SOUTH DAKOTA 773

Sec. 8000. Rules and regulations.—Subject to the approval of the

governor, such director shall have authority to make and promulgate such rules and regulations not inconsistent with the laws of this

State, as may be necessary to carry out the provisions of this chapter. Such rules and regulations shall be made to conform as nearly

as practicable to the rules and regulations ' of the Secretary of Agriculture of the United States, prescribed under any act of Congress

relating to the marketing of farm products.

Rev. Code, 1919, Vol. 1, ch. 1, p. 7.

Sec. 30 (1909). Standard of time.—That whenever the term "twelve

o'clock," "noon," or other designation of time shall occur in any

legislative bill, resolution or statute, city ordinance, court record,

deed, insurance policy or other contract, or other legal instrument,

record, or proceedings, unless otherwise expressly stipulated in writing, the time understood shall be, for Gregory County and for portions of the same east of the center of the main channel of the Missouri Eiver, central standard time, or the mean solar time of ninety

degrees west of Greenwich ; and for other portions of the State,

mountain standard time, or the mean solar time of one hundred and

five degrees west of Greenwich.

Rev. Code, 1919, Vol. 2, oh. 2, p. 2058.

Sec. 8244 (1907). Units of measurement for water; miner's inch.

The standard of measurement of the flow of water shall be the cubic

foot per second of time; and the standard of measurement of the

volume of water shall be the acre foot, being the amoxmt of water

upon an acre covered one foot deep, equivalent (o forty-three thousand five hundred and sixty cubic feet. The miner's inch shall be

regarded as one-fiftieth of a cubic foot per second in all cases, except

when some other equivalent of the cubic foot per second has been

speciall}^ stated by the contract or has been established by actual

measurement or use.

s See p. 32.
TENNESSEE

Ann. Code, 1917. Shannon, Vol. 1, ch. 2, Art. VIII, p. 174.

Sec. 305-al (1913). Standards for State, counties, and cities defined.

The weights and measures received from the United States, under a resolution of Congress, ajjproved June 14. 1836, and additions thereto

and renewals thereof, certified by the United States Bureau of Standards, and such other weights, measures, balances, and apparatus as are now the property of the State or may be hereafter added by the State

sealer of weights and measures, hereinafter provided for. which

are in conformity therewith and certified by the Xational Bureau

of Standards, shall be the State standards by which all State,

county, and municipal standards of weights and measures shall be

tried, j)roved, and sealed.

Sec. 305-a2. State superintendent: general duties; custody of standards.—The State pure food and drug inspector shall be. and is, hereby

made ex-officio the State superintendent of weights and measures,

hereinafter referred to as the State superintendent. He shall have

and keep a general sujjervision of the weights, measures, weighing

devices, and measuring devices offered for sale, sold, or used within

the State ; shall enforce all laws regarding them : and shall, in

conjunction with the State sealer of weights and measures hereinafter

provided for, have the care and custody of all weights, measures,

balances, and other aj^iDaratus mentioned in the preceding section.

Sec. 305-a3. Assistant sealers, and their powers.—He and the duhappointed assistant and deputy pure food and drug inspectors

under him are hereby made assistant sealers, and shall have the same jDOwer and authority as the county and city sealers hereinafter

provided for.

Sec. 305-a4, Weights, measures, balances, and apparatus to be

proved,—The State superintendent shall i^rocure at the expense of

the State, the necesary working sets of weights, measures, balances,

and apparatus for the use of said inspectors, and shall cause same

to be tried and proved by the State sealer.

Sec. 305-a5, Weights, etc., when sealed, sha'.l be competent evidence.

Such weights, measures, balances, and other apparatus provided for

such inspectors, when sealed hj the State sealer, shall be competent

evidence in all the courts of the State in criminal or civil actions.

Sec, 305-a6. Inspection once in two year.?; annual repert to governor,

The State superintendent, or his deputies or assistants, by«his direction, shall at lea.st once in two years visit the various cities and

counties of the State in order to inspect the work of the county

and city sealers hereinafter provided for; and in the performance

of such duties he or they ma,y inspect the weights, measures, balances, or any other weighing or measuring apparatus of any person, firm, or corporation, and shall have the same power as said county and city sealers of weights and measures. The State superintendent shall 774
TENNESSEE 775

likewise annually, during the first two weeks in January, make to the governor a report of the work done by his office. Sec. 305-a7. State sealer; custody of standards, etc.; receipt from successor.—The president of the University of Tennessee shall be, and the same is, hereby made ex-officio State sealer of weights and measures,

hereinafter referred to as the State sealer. He shall, in conjunction

with the State superintendent, have the care and custody of all standard Aveights, measures, balances, and other apparatus mentioned

in Section 305al ; shall cause them to be kept in a suitable building

belonging to the University of Tennessee, from which they shall not

be remoA'ed except for repairs or for certification ; and shall take all other necessary precautions for their safe kt^eping. He shall keep

complete records of the standards, balances, ancl other apparatus

belonging to the State, isnd take receipt for same from his successor.

Sec. 305-a8. State sealer to procure certification of standards; sealing

of weights and measures; sealing city and county standards.—He shall maintain the State standards in good order, and shall, in conjimction

with the State superintendent, submit them, on passage of this act, and thereafter at least once in ten years, to the National Bureau of

Standards for certification. He shall keep a seal, which shall be so formed as to impress the letters T. N. " and tlie last two figures of

the year in which comparison has been made, upon all weights, measures, and balances sealed by him ; and he. or his deputies, by his di- rection, shall correct the standards of the several cities and counties

when submitted to him by comparing the same with those in his

possession, and shall seal the same when tried and proved to be in

conformity with the State standards.

See. 305-a9. State sealer shall test standards at request of individuals,

etc.; fees therefor go into State treasury.—He shall, further, upon the

written request or any citizen, firm, corporation, or educational in- stitution of the State, in person or by his deputies, test or calibrate

weights, measures, Aveighing devices, or measuring devices ancl in- struments and apparatus used for standards in the State, and for

such testing for citizens, firms, or corporations may collect fees to be

fixed by the State superintendent and State sealer. Fees so collected

shall be turned over to the State treasurer for the use of the State.

Sec, 305-alO. State sealer shall test standards, etc., at request of State superintendent.—He shall, at the request of the State superintendent,

test and seal, vrhen found correct, all measures, weights, balances,

weighing devices, or measuring devices for the use of the State superintendent and his deputy or assistant inspectors.

Sec. 305-all. Eules and regulations.—He shall likewise, in conjunction with the State superintendent, establish rules and regulations

for the enforcement of this article and for the guidance of all city

and county sealers, and these regulations shall goA-ern the procedure

to be followed by said officials in the discharge of their duties.

Sec. 305-al2. Deputy State sealer.—He may appoint a deputy State

sealer, who shall be a member of the facility of the University of

Tennessee, and who shall not receive any additional compensation

for his services.

Sec. 305-al3. Report to governor.—He shall likewise annually, during the first two weeks in Januai'y, make to the governor a report of

the v,()rk done by his office. ,i7-)b ^
776 LAWS CONCEKNING WEIGHTS AND MEASURES

Sec. 305-al4. Test for State institutions; report; special deputies for

such, institutions.—The State superintendent, or his deputies or in- spectors, by his direction, shall at least once annually test all scales,

weights, and measures used in checking the receipt or disbursement

of supplies in each institution under the direction and ownership ol

the State, and shall report in writing his findings to the board having such institution under its control, or to the executive officer of the

institution concerned; and at the written request of such board or

officer, the State superintendent shall appoint in writing one or more

employees then in actual service of such institution, who shall act as

special deputies for the purpose of checking the receipt or disbursement of supplies.

Sec. 305-al5. County sealer and deputies; appointment; term; salary; no fees.—Any county may establish a department of inspection of

weights and measures, and shall have power to appoint a sealer and

deputies. Such sealer (and deputies if provided for) shall be appointed by the county court for a term of five years, and shall be

paid a salary to be determined by the county court, said county

sealer's salary to be not less than six hundred dollars per annum, and

no fee shall be charged by him or by the county for the inspection,

testing, or sealing of weights, measures, or weighing or measuring

devices.

Sec. 305-al6. County sealer's power of inspection of weights, etc., for

sale and for weighing, etc.—When not otherwise provided by law, the

county sealer shall have the power within his county to inspect, try,

and ascertain if they are correct, all weights, scales, beams, measures

of every kind, instruments, or mechanical devices for measuring,

and tools, appliances, or accessories connected with any and all such

instru^ments or measures kept, offered, or exposed for sale, sold, or used or employed within the county by any person in proving the

size, quantities, things, produce, articles for distribution or con- sumption offered or submitted for sale, hire, or reward.

Sec. 305-al7. County sealers may weigh, etc., packages for sale or

sold, etc.—He shall have the power to, and shall from time to time

weigh or measure, packages or amounts of commodities of any kind

kept with intent to sell, sold, or in the process of delivery, in order

to detei'mine whether same contain the amounts represented, or are

sold in a manner in accordance with law.

Sec. 305-al8. County sealer shall test weights, etc., when; power of entry, etc.—He shall at least once in each j'ear, and as much oftener

as he may deem necessary, see that the M'eights, measures, and all apparatus used in the county are correct, and may for this purpose

and in the general perform_ance of his official duties enter and go

into or upon and without formal warrant any place, building, or

premises, or stop any vendor, peddler, junk dealer, or any dealer

whatsoever, and require him, if necessary, to proceed to some place

which the sealer may specify for the purpose of making proper tests. Sec. 305-al9. County sealer to prosecute violators of law.—Whenever

he finds a violation of any statute relating to Aveights and measures,

he shall cause the violator to be prosecuted.

Sec. 305-a20. Correct weights, etc., to be sealed.—Whenever the

county sealer compares weights, measures, weighing devices, or measuring devices, and finds that the}^ correspond or causes them
TENNESSEE 777

to corresijond with the standards in his possession, he shall seal or mark such weights, measures, weighing devices or measuring devices

with a seal to be aj)proved by the State superintendent.

Sec. 305-a21. Incorrect weights, etc., to be destroyed or condemned for

repairs.—He shall condemn and seize and may destroy incorrect

weights, measures, weighing devices, or measuring devices which, in

his best judgment, are not susceptible of satisfactory repair ; but such

as are incorrect and yet may be repaired he shall mark or tag as Condemned for Repairs " in a manner prescribed by the State

superintendent.

Sec. 305-a22. Weights, etc., condemned for repairs must be repaired,

when, or be confiscated.—The owners or users of apparatus so con- demned shall have same corrected or repaired within ten days, and

may neither use nor dispose of same in any manner vrithout permission from the county sealer. Any apparatus which has been •' con- demned for repairs and has not been repaired as required above

shall be confiscated by the sealer.

Sec. 306-a23. County sealer to record official acts and report to county

court and State superintendent.—The county sealer shall keep a complete record of all of his official acts, and shall make an annual report

to the county court, and an annual report, duly sworn to, on the

first day of December of each year to the State superintendent, on

blanks to be furnished by the superintendent.

Sec. S05-a24. County to provide sealer with suitable quarters and

standards.—When a county shall establish such a department of

weights and measures, it shall provide the sealer with suitable

quarters, a set of standards to be approved by the State sealer and

State superintendent and all other equipment for the proper per- formance of his duties.

Sec. 305-a25. County standards to be proved and sealed, and verified,

when.—All county standards shall be tried, proved, and sealed under

the direction of the State sealer, and shall be returned to him for

verification at least once in ever}^ five years.

Sec. 305-a26. Combination by counties and power of sealer of combined counties.—Xothing in the above shall be construed to prevent

two or more counties combining the whole or any part of their districts, as may be agreed upon by the county courts thereof, with one

set of standards and one sealer, upon the written consent of the

State superintendent. A sealer appointed in pursuance of any agree- ment for such combination shall, subject to the terms of his appointment, have the same authority, jurisdiction, and duties as if he had

been appointed by each of the parties to the agreement.

Sec. 305-a27. City sealer and deputies; ordinances; suitable quarters

and standards.—Any city or municipality in the State may establish a department of inspection of weights and measures, and shall have

power to appoint a sealer and deputies and fix their compensation,

and pass such ordinances, not in conflict with the State lav.s as may

be deemed necessary; and if a city or municipality shall establish

such a department, it^ shall provide the sealer Avith suitable quarters

and a set of standards to be approA'ed by the State sealer and State

superintendent, and all other equipment for the proper performance

of his duties.
778 LAWS CONCBENING WEIGHTS AND MEASUEES

Sec. 305-a28. City standards to be proved, and sealed, verified, when.

All city and municipal standards shall be tried, proved and sealed

under the direction of the State sealer, and shall be returned to him

for verification at least once in every five years.

See. 305-a29. City sealer's duties and powers.—The citj' sealer shall perform in such city the duties and have like powers as the county

sealer in the county.

Sec. 305-a30. If no city sealer, county sealer acts.—In those cities in

which no sealer is appointed the county sealer of the county shall perform in said cities the duties and have like powers as in the

county.

Sec. 305-a31. Combination by county and city.—Nothing in the above

shall be construed to prevent any county and any city situated

therein from combining the whole or any part of their districts, as may be agreed upon, with one sealer, subject to the written approval

of the State superintendent.

Sec. 305-a32. Powers and duties of combination county and city

sealer.—A sealer appointed in such agreement or combination shall,

subject to the terms of his appointment, have the same authority,

jurisdiction, and duties as if he had been appointed by each of the

parties to the agreement.

Sec. 305-a33. Misdemeanor to seal or condemn weights, etc., before

test; removal from ofiice.—Any State, county, or city sealer, or deputy

or assistant sealer, who shall seal any weight, measure, or balance,

weighing device, or measuring device, before testing and making the same to conform to the authorized standards or wlio shall condemn,

seize, or destroy any weight, measure, or balance, or weighing device, or measuring device, without first testing the same, shall be deemed

guilty of a misdemeanor and ujDon conviction thereof be subject to a

fine of not less than $25.00 nor more than $100.00, and shall be forthwith removed from office by the State superintendent or other person

or persons having authority to make such removal.

Sec. 305-a34. Said officers are special policemen, and may arrest vio- lators, and seize v/eights, etc., of eomniodities, as evidence.—The State superintendent, his deputies and inspectors, the State sealer, and the

county and city sealers of weights and measures are hereby made

special policemen, and are authorized and empowered to arrest, with- out formal warrant, any violator of any statute in relation to weights

and measures, and to seize for use as evidence, and without formal

warrant, any false or unsealed weight, measure, weighing device, or measuring device, or packages or amounts of commodities, offered or exposed for sale or sold in violation of law.

Sec. 305-a35. Misdemeanor to interfere with said officers, or to fail to produce weights, etc.; punishment.—An}^ person Avho shall hinder,

obstruct, or interfere in any ^vaj with the State superintendent,

State sealer, any deputy or assistant State sealer, or any county or

city sealer while in the performance of his official duties, or who

shall fail to produce, upon demand by any authorized sealer or in- spector of w^eights and measures, any weights, measures, balances,

weighing devices or measuring devices in or upon his premises, place

of business, or in his possession for use in manufacture or trade,

sliall be deemed guilty of a misdemeanor, and upon conviction

thereof shall be subject to a fine of not less than $10.00 nor more than
TENNESSEE 779

$50.00, or to imprisonment for not more than ninety days, or to both

such fine and imprisonment.

Sec. 305-a36. Appropriations.—For the purpose of correcting, supplementing, and unifying the standards now owned by the State,

as directed in sections 305-a7 to 305-alO, the sum of $600.00, or so much thereof as may be necessary, is herebj^ appropriated; for the

purpose of caring for said standards the sum of $200.00 per annum,

or so much thereof as may be necessary, is hereby appropriated ; for

the purpose of carrying out the provisions of this article the sum of

$1,000.00 per annum, or as much thereof as may be necessary, is hereby appropriated. Said sum shall be paid out of the State

treasury on sworn vouchers of the State superintendent, approved

by the governor.

Sec. 305-a37. State superintendent and sealer shall jointly fix variations, and give publicity thereto.—The State superintendent of weights

and measures and the State sealer of weights and measures shall jointly fix and determine reasonable variations for all classes of commodities; and they shall give the reasonable variations so established all possible publicity through the public press and through

bulletins of their offices. Laws, 1921, ch. 125, p. 341.

Sec. 1. Sale of dry commodities by weight.—That it shall be unlawful

for any person, firm or corporation in this State to sell or offer for

sale any food commodity by dry capacity measure, shall hereafter

be sold by weight only : Provided, however, That this act shall not

be construed to prohibit the sale of dry food commodities in terms

of the denominations of dry measure when such articles are weighed

and sold in accordance with standards fixed by chapter 240, act of

1887 [sec. 3475], entitled "An act co e.stablish and define a uniform

standard of weights and measures in the State of Tennessee." And

])rovided further this shall not apply to dry food commodities

shipped into the State when sold in the original package.

Sec. 2. Enforcement of act; rules and regulations.—That the State

superintendent of weights and measures, his duly authorized assist- ants and deputies and all county and city sealers of weights and

measures, are hereby charged with the enforcement of this act, and

the said superintendent of weights and measures, and the State

sealer of weights and measures, are hereby authorized and em- powered jointly to make all reasonable rules and regulations neces- sary for the enforcement of this act. Sec. 3. Penalty.—That any person, firm or corporation, who shall violate any of the provisions of this act or the reasonable rules and

regulations made in pursuance thereto, shall be deemed guilty of a misdemeanor and upon the conviction thereof shall be fined not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) for

each offense. Ann. Code, 1917, Shannon, Vol. 3, ch. 26, p. 2832.

Sec. 3475 (al905). Table of weights and measures; legal weights of barrels or bushels of various products ; legal weights per barrel or bushel

of various products.—The following shall be the legal and imiform

standard ^ of weights and measures in this State for the sale and

1 See ch. 125, Laws, 1921, above.
780 LAWS CONCEENING WEIGHTS AND MEASURES

purchase of the following named products of the farm, orchard, and

and articles of merchandise, to wit : ^ garden,

Apples, green--bush. per bbl.*_. 2}/^

Do lbs. per bush_. 50

Apples, dried do 24 Apple seed do 40

Barley do 48

Beans, dried do 60 Beans, green, in pods do 30 Do bush, per bbL_ 2}4

Beans, castor lbs. per bush__ 46

Beef, net lbs. per bbl__ 200

Beets lbs. per bush_. 50

Blackberries do 48

Blackberries, dried do 28 Blue grass seed do 14 Bran do 20 Broom corn seed do 42 Buckwheat do 50 Cabbage do 50 Canary seed do 60

Carrots do 50 Cement do 80 Charcoal do 22

Cherries, with stems do 56

Cherries, without stems-.do 64 Chestnuts do 50 Clover seed, red and white

lbs. per bush.. 60

Coal, stone do 80 Coke do 40 Corn, shelled do 56 Corn in the ear, shucked .do 70

Corn, in the ear, with shucks

lbs. per bush.. 74 Corn, green, with shucks.do 100 Do bush, per bbl__ 2%

Corn, matured, with shucks

bush, per bbl__ 5 Corn, pop lbs. per bush__ 70 Corn meal, unbolted do 48 Corn meal, bolted do 48 Cottonseed do 28 Cucumbers do 48

Fish lbs. per bbl__ 200

Flaxseed lbs. per bush. . 56 Flour lbs. per bbL. 196

Gooseberries lbs. per bush__ 48

Grapes, with stems do 48

Grapes, without stems

lbs. per bush__ 60

Hair, plastering do 8 Hempseed do 44 Hickory nuts do 50 Hominy do 62

Horse-radish do 50 Hungarian seed do 48

Sec. 3476 (1895). Violation a misdemeanor; penalty.—It shall be

unlawful to buy or sell any of the products of the farm, orchard, or garden, or articles of merchandise, mentioned in section 3475, except

in strict accordance with the standard of weights and measures proLand plaster lbs. per bush.

Lime, unslaked do

Lime, slaked do

Liquids gals, per bbl. Melon, cantaloupe

lbs. per bush.

Melon, cantaloupe

bush, per bbl.

Millet, German, seed

lbs. per bush.

Millet, Missouri do

Millet, Tennessee do

Oats seed do

Onions, button sets do

Onions, matured do

Onions, top buttons do

Orchard grass seed do

Osage orange seed do

Parsnips do

Peaches, matured do

Peaches, dried do

Pears, matured do

Pears, dry do

Peanuts do

Peas, dry do

Peas, green, in hull do

Peas, green, in huU

bush, per bbl. Pieplant lbs. per bush.. Plums do

Pork, net lbs. per bbl.. Potatoes, Irish.. lbs. per bush..

Potatoes, Irish.. bush, per bbl.. Potatoes, sweet do

Potatoes, sweet. lbs. per bush..

Quinces, matured do

Raspberries do

Redrop seed do

Rye seed do

Rye grass (Italian) seed. do

Sage do

Salads, turnips, kale do

Salads, mustard, spinach.do

Salt do

Sorghum molasses.lbs. per gal..

Sorghum seed lbs. per bush..

Strawberries do

Timothy seed do

Tomatoes do

Turnips bush, per bbl_.

Turnips lbs. per bush.. Velvet grass seed do

Walnuts do

Wheat do

10080

4042

50

50

50

5032

32 ' 5628

1433

5050

26

5626

23

60

30

5064 200

6023^

5048

48

1456

20

4

30

30

50

125048

45

56

2J^

50

7 5060

" E^or convenience in printing, a Klight change lias been made in arrangement of these

articles.

^ See footnote, p. 20, relative to the Federal standard barrel.
TENNESSEE 781

vided therein; and it shall be unlawful to dock any of the articles mentioned in said section, delivered in good condition and marketable

form, on account of keg or barrel, without allowing value of same. Any person violating this section, or any part thereof, shall be guilty

of a misdemeanor, and shall be fined not less than five dollars nor more than fifty dollars for each offense.

Sec. 3476-al. (1905). Standard bushel of corn meal.—The standard

weight of a bushel of corn meal, whether bolted or unbolted, shall be

forty-eight pounds.

Sec. 3476-a2. Corn meal sold in bags showing what; unlawful to sell otherwise.—It shall be unlawful for any person or persons to pack

for sale, sell, or offer for sale in this State any corn meal, except in

bags or packages containing by standard weight two bushels or one

bushel or one-half bushel or one-foui'th bushel or one-eighth bushel,

respectively. Each bag or package of corn meal shall have plainly

printed or marked thereon, whether the meal is " bolted " or " unbolted," the amount it contains in bushels or fraction of a bushel,

and the weight in pounds : Provided, The provisions of this section

shall not apply to the retailing of meal direct to customers from bulk

stock when priced and delivered by actual weight or measure.

Sec. 3476-a3. Violation of last two sections is a misdemeanor.—Any

person or persons guilty of violating either of the last two sections

shall be deemed guilty of a misdemeanor, and on conviction thereof

shall be punished by fine of not exceeding one hundred dollars or by

imprisonment not exceeding thirty days, or by both fine and imprisonment in the discretion of the court.

Sec. 3476-a4 (1899). Standard half-bushel measure.—It shall be un- lawful for any jjerson, commission merchant, miller, dealer, grain

inspector, corporation, company, firm, or association, either by himself, itself, officer, agent, or employee, when purchasing wheat from

the owner, his agent, or emiDloyee, to use for the purpose of testing or determining the weight, grade, milling, or market value of wheat,

any measure other than the standard half bushel measure furnished

this State by the United States; and the use of any fractional part

of said standard half bushel measure for such purpose will be a violation of this section.

Sec. 3476-a5. Leveling stick.—It shall be unlawful to use anything

other than a straight stick, with the edges square, for leveling the

wheat in said half bushel measure for the purpose of testing the

weight, grade, milling, or market value of wheat.

Sec. 3476-a6. Penalty.—Any person violating the provisions of the

last two sections shall be guilty of a misdemeanor, and on conviction

shall be fined not less than ten dollars nor more than fifty dollars

for each offense.

Sec. 3477 (1857-58). Apparatus to be proved and sealed yearly.

Every person keeping any store, grocery, warehouse, merchant mill,

commission house, railroad depot, or any scales or apparatus for

weighing or measuring for the public, shall, once in each year, have

the weights, measures, and other apparatus used by him proved and

sealed.

Sec. 3478. Penalty for neglect.—For every neglect to comply with

this provision, the delincjuent shall be liable to a penalty of five dollars, to be recovered before a justice of the peace, one-half to the
782 LAWS CONCERNING WEIGHTS AND MEASURES

use of the town or county, the other half to the person who sues

therefor.

Sec. 3479. Unsealed apparatus prohibited.—Every person not enu- merated in section 3477, Avho shall use weights, measures, or other

apparatus, in buying or selling, which have not been once sealed as required by law, shall be subject to a penalty of one dollar and costs, recoverable as above.

See. 3480. Treble damages and costs.—If an}' person use such weights, measures, and apparatus which have not been sealed according to law, or which have, been altered after being sealed, whereby any

person shall be defrauded, he shall be subject to an action at law, in

which the person defrauded shall recover three times the amount of

damages and costs.

Sec. 3481°. Surveyor's chains.—Every surveyor shall have the

chains or other measures used by him in conformity with the

standard.

Sec. 3482. Metric system legalized.—It shall be lawful throughout

the United States of America to employ the weights and measures

of the metric system, and no contract or dealing or pleading in any

court shall be deemed invalid or liable to objection because the

weights or measures expressed or referred to therein are weights or measures of the metric system.

Sec. 3483. Tables of weights and measures.—The tables in the schedule hereto annexed shall be recognized in the construction of contracts, and in all legal proceedings, as establishing, in terms of the

Aveights and measures now in iise in the United States, the equivalent

of the weights and measures expressed therein in terms of the metric

system; and said tables may be lawfully used for computing, determining, and expressing, in customary weights and measures, the

weights and measures of the metric system.^

Sec. 3484. Metric system furnished States.—The Secretary of the

Treasury shall furnish each State, to be delivered to the governor

thereof, one set of the standard weights and measures of the metric

system for the use of the States respectively.

Ann. Code, 1917, Shannon, Vol. 5, ch. 6, Art. 2, p. 6111.

- Sec. 6734 (1741). False balance, weight, or measure,—If any person,

with intent to defraud, have in his possession, or use, any false balance, weight, or measure in any business, trade, or transaction,

it shall be a misdemeanor.

Sec. 6735. Forfeited.—The magistrate granting the warrant of ar- lest for the offense described in the last section, shall also direct the

seizure of the false weights, balances, or measures; and if they are found to be false, they shall be forfeited to the county, and, after

being made of the standard weight or measure, may be sold and the

money paid into the county treasury.

Sec. 6735-al (1913). Misdemeanor to sell, use, or possess false, unsealed, or condemned weights and measures or devises.—Any person who,

by himself or by his servant or agent, or as the servant or agent of

another, shall offer or expose for sale, sell or retain in his possession,

a false weight or measure or weigliing or measuring device or any

* Here followed the tables of the metric system with the equivalents in denomiuationB

in use at present. See United States laws, p. 8.
TENNESSEE 783

weight, measure, weighing device, or measuring device which has

not been sealed by a State, county, or city sealer of weights and

measures, within one year, or use same in the buying or selling of

any commodity or thing or for hire or reward, or shall dispose of

any condemned weight, measure, weighing device, or measuring

device, contrary to law, or remove any tag placed thereon by any

sealer of weights and measures ; or shall, by himself or by liis servant

or agent, or as the servant or agent of another, offer or expose for

sale, or have in his possession for the purpose of selling, any device

or instrument to be used to or calculated to falsify any weight or measure, shaU be guilty of a misdemeanor, and upon conviction

thereof, shall be punished by a fine of not less than $10 nor more

than $50 for the first offense, and for subsequent offenses by a fine of

not less than $50 nor more than $100, or by imprisonment in the

county jail for not more than ninety days, or by both such fines and

imprisonment.

Sec. 6735-a2. Sale by false weight, measure, or numerical count is a misdemeanor; variations to be fixed and allowed.—Any person who,

by himself or by his servant or agent, shall sell, offer, or expose

for sale any quantity of any commodity which is by weight, measure,

or nimierical count less than the quantity which he represents same

to be, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than $10 nor more than $50 for the first offense,

and for subsequent offenses not less than $50 nor more than $100, or shall be imprisoned in the county jail not more than ninety days,

or both such fine and imprisonment : Provided, That the State superintendent of weights and measures and the State sealer of weights

and measures shall jointly fix and determine reasonable variations

for aU classes of commodities; and no penalties for violation of

this section shall be imposed when the variation in weight, measure,

or numerical count does not exceed the reasonable variation so fixed

Provided further, That the said State superintendent and State

sealer shall give the reasonable variations so established all possible

publicity through the public press and through bulletins of their

offices. Sec. 6735-a3. Inquisitional power; special charge.—The grand juries

of the several counties of the State shall have inquisitorial power

over said offenses, and the judges of the several criminal courts and

circuit courts having criminal jurisdiction shall especially charge

this law to the grand juries of the several counties of the State.

Sec. 6735-a4 (1909). Weight falsely marked.—It shall be unlawful

for any merchant or manufacturer or any person to sell within this

State any package or quantity of any commodity marked to contain

or represented to contain a certain number of pounds or ounces or

fractions thereof when, as a matter of fact, it contains a less quantity. Sec. 6735-a5. Tolerance; penalty for violation.—Every violation of

the preceding section, where the shortage in weight is as much as one per cent of the marked or represented weight, is declared to be and shall be a misdemeanor, and shall be punished by fine of

not less than ten dollars nor more than five hundred dollars or by

517—27 ^50
784 LAWS CONCEENIKG WEIGHTS ATSD MEASTJEES

imprisonment in the county workhouse for not more than six months

or by both in the discretion of the court.

Sec. 6736°. Misdemeanor to alter brands.—It shall be a misdemeanor:

(1) For any person with intent to defraud, falsely to alter any

stamp, brand, or mark on any cask, package, box, or bale containing

merchandise or produce, made by a public officer appointed for that

purpose, in order to denote the quality, weight, or quantity of the

contents thereof. * * * Ann. Code, 1917, Shannon, Vol. 5, ch. 3, p. 5669.

Sec, 6045 (1827). Appropriation.—^The county court may appropriate money as follows

:

(14) For weights and measures. Ann. Code, 1917, Shannon, Vol. 3, ch. 11, p. 2769.

Sec. 3370 (1801). Coopers, restriction on.—^No cooper or other person

furnishing casks shall expose to sale any barrel or half barrel for

holding butter, lard, flour, or kiln-dried meal, but such as are herein

directed to be made for that use.

Sec. 3371. Casks, specifications for.—All casks intended for the purpose of containing butter or lard for exportation shall be made of

well-seasoned timber, the staves not less than half an inch thick,

and the heads not less than three-quarters of an inch thick when

wrought, the heading well dowelled, the cask to have twelve good

and substantial hoops, securely nailed or pinned, and to be perfectly

tight, and capable of holding said articles in a liquid state.

Sec. 3372. Barrel and half barrel.—Each barrel shall contain not more than thirty gallons, and each half barrel fifteen gallons.

Sec. 3373 (1859-60). Flour barrel, how to be made.—Casks intended

to contain flour or meal for exportation shall be made of good sea- soned materials, tightened with ten hoops, sufficiently nailed with

four nails in each chime hoop, and three nails in each bilge hoop,

and shall be of the following dimensions: The staves of the barrel

shall be twenty-seven inches long, and the head seventeen inches in

diameter; and the half barrel shall be one-half the capacity of the

barrel. Ann. Code, 1917, Shannon, Vol. 3, ch. 12, p. 2770.

Sec. 3374 (1801). Contents of flour barrel.—Every packer of flour or

kiln-dried meal shall put into a barrel the full quantity of one hundred and ninety-six pounds of flour, and into every half barrel the

full quantity of ninety-eight pounds of flour.

Sec. 3378-al (1903). Barrels and packages to be well made, and

branded, how.—All flour, grits, or corn meal packed in barrels or half

barrels, made of any material, or any packages made of wood or metal in which flour, grits, or corn meal are offered for sale, shall be well made and of good material, and shall have the net weight of

flour plainly marked on the head, top, or side of the barrel or package with a stencil or paper label or pencil, with letters and figures

not less than one inch in length, and the tare marked on the reverse end or side of the barrel or package in like maimer.

Sec. 3378-a2. Weights in barrels and sacks to be branded.—Every

miller, bolter, blender, or mixer, or other person who manufactures
TENNESSEE 785

or who buys flour, grits, or corn meal for the purpose of repacking,

shall put into each barrel the fuU quantity and weight of one hundred and ninety-six pounds of flour, grits, or corn meal, and

shall put into each half barrel the quantity and weight of ninetyeight pounds of flour, grits, or corn meal. When flour, grits, or corn meal is packed in sacks, the gross weight shall be as follows : Halfbarrel sacks, 96 pounds; quarter-barrel sacks, 48 pounds; eighthbarrel sacks, 24 pounds; sixteenth-barrel sacks, 12 pounds; thirtysecond-barrel sacks, 6 pounds; and may be packed in any other size package, but whatever the size of the package, the gross weight of

each package shall be stamped, stenciled, or printed on each package.

Sec. 3378-a3. Variations allowed.—From the weights above specified,

variations from inaccuracies will be allowed as follows: On all packages weighing 90 pounds or over, an allowance of one-fourth of

1 per cent, and on all packages smaller than 90 poimds, an allow- ance of one-half of 1 per cent less than the weight specified in section

3378-a2.

Sec. 3378-a4. Violation is a misdemeanor; fine.—Any violation of sec- tions 3368-al to 3378-a3 shall be a misdeameanor ; and, upon conviction, the offender shall be fined not less than fifty dollars nor more

than five hundred dollars.

Sec. 3378-a5. Weight of stock food to be marked on sack or package.

It shall be unlawful for any corporation, firm, or person, to pack

for sale, sell, or offer for sale in this State any stock food without

plainly marking upon the sack or package in letters and figures not

less than two inches in size, the actual weight of each sack of package of such food,

Ann. Code, 1917, Shannon, Vol. 3, ch. 13, p. 2772.

Sec. 3385 (1870-71). Tobacco scales, and inspection thereof.—The

proprietor [of tobacco warehouses] shall keep good and sufficient scales for weighing tobacco, which shall be tested at the beginning of

each tobacco year, and every three months thereafter, by the keeper

and sealer of weights for the county, and at the time when written

application is made by two or more planters or burghers.

Ann. Code, 1917, Shannon, Vol. 3, ch. 14, p. 2791.

Sec. 3452 (1777). Measures.—Millers shall keep in their mills the

following sealed measures: One half bushel, one peck, and proper

toll dishes for each measure.

Sec. 3453. False toll dishes.—Every owner keeping a mill, either by

himself, servant, or lessee, who shall be convicted of keeping false

toll dishes, shall forfeit and pay to the party injured ten dollars,

to be recovered before any justice of the peace of the county.

Ann. Code, 1917, Shannon, Vol. 3, ch. 16, p. 2798.

Sec. 3465 (1839-40). Salt and sugar, selling by marks.—^Any person

selling salt or sugar by the barrel, sack, or bag, purporting by the

marks or brands to contain a certain number of pounds or bushels,

when in fact the quantity falls short of the amount designated, shall forfeit ten cents for each and every pound or deficiency, to any per- son who will sue therefor; but nothing in this section shall be con- strued to prevent the sale of salt or sugar by the mark or brand,

if the purchaser is willing to buy by such mark or brand.
786 IiAWS CONCEENING WEIGHTS AND MEASUBES

Ann. Code, 1917, Shannon, Vol. 3, ch. 22, p. 2812.

Sec. 3473-a29 (al913).—For the purpose of this chapter, an article

shall be deemed to be misbranded ; * *

* In case of food: * *

*

3. If in package form, the quantity of the contents be not conspicuously, plainly, and correctly marked on the outside of the

package in terms of weight, measure, or numerical count : Provided^

That reasonable variation shall be permitted, and tolerances and

also exemptions as to small packages shall be established by rules

and regulations to be promulgated by the State pure food and drug

inspector: Provided, further. That said tolerances and exemptions

as to small packages shall be made uniform with like tolerances

and exemptions established by the United States Department of

Agriculture whenever said department shall establish same: And

provided, further, That no penalty of fine or imprisonment for violation of this subsection shall be imposed for goods packed prior to September 25, 1914.

Ann. Code, 1917, Shannon, Vol. 3, ch. 27, p. 2837.

Sec. 3485 (1883). Tobacco and cotton weighers; manner of election.

The county court of any county in the State (a majority of its members favoring the same) may, on the first Monday of July of

every year, elect cotton and tobacco weighers for such county, whose

duty it shall be to weigh all cotton and tobacco that parties may

agree to have weighed by him. The said election shall be by

ballot, and the party getting the highest number (provided it be a majority of the votes cast), shall be declared elected.

Sec. 3486. Equipment.—Before entering upon the duties of his office, said cotton and tobacco weigher shall provide himself with balances

or scales, duly tested according to the laws of Tennessee, and shall

take an oath faithfully and impartially to discharge the duties of

said office, and shall give bond in such penalty as the court may prescribe, conditioned as set forth in said affidavit, and said officer shall hold his office twelve months, or until his successor is elected and

qualified.

Sec. 3487. Exact weights.—It shall be the duty of said cotton and

tobacco weighers to give and declare exact and just weights, regardless of the condition of the cotton and tobacco.

Sec. 3488. Penalty for violation.—Any cotton weigher elected ac- cording to the provisions of this chapter, who shall give or declare

any unjust weights, or who shall wilfully violate the previous sec- tions of this chapter, shall be guilty of a felony, and, upon conviction of the same, shall be confined in the State penitentiary not less than one nor more than three years.

Sec. 3489. Compensation.—The court may prescribe the compensation for said cotton and tobacco weigher, which shall not be over ten

cents a bale, and twenty-five cents a hogshead, to be paid by the party

selling the cotton and tobacco.

Sec. 3490 (al890). Scalage of cotton prohibited.—It shall be unlawful

for any purchaser or weigher of cotton to deduct two pounds, or any

number of pounds, known as "scalage" from the actual weight of

any merchantable bale of cotton weighed or purchased by them;

and purchasers shall account to the seller of cotton, in all instances,
TENNESSEE 787

for the actual weight of the bale purchased or weighed, except in

cases of wet or damaged cotton, or any number of pounds for bagging and ties, when the amount to be deducted shall be agreed upon

by the parties buying and selling ; but the number of pounds agreed

upon to be deducted for bagging and ties shall not exceed their

actual weight. For each violation of this section the offender shall

be deemed guilty of a misdemeanor, and, upon conviction by a court of competent jurisdiction, he shall be fined not less than ten nor more

than twenty dollars. Ann. Code, 1917, Shannon, Vol. 1, ch. 3, p. 204.

Sec. 325-a41 (al911). Feeding stuffs, weight to be marked.—Every lot or parcel of concentrated commercial feeding stuff sold, offerea, or exposed for sale within this State shall have affixed thereto or

jDrinted thereon, in a conspicuous place on the outside thereof, a

legible and plainly printed statement, in the English language,

clearly and trulj^ certifying the weight of the package (provided,

that all concentrated commercial feeding stuffs shall be in standard

weight bags or packages of 5, 8I/3, 10, 25, 50, 75, 100, 125, 150, 175, or 200 pounds) ; the name, brand or trade-mark under which the article

is sold; the name and address of the manufacturer, jobber, or importer; * *

*

Sec. 325-a55 (1909). Penalty.—Any manufacturer, importer, jobber, agent, or dealer who shall violate any of the provisions of this

article or the regulations adopted by the commissioner of agriculture,

upon conviction thereof, shall be fined not exceeding fifty dollars for

the first offense nor more than two hundred dollars for each subsequent offense, and the proceeds from such fines shall be covered into

the State treasury for use of the department executing the provisions

of this article.

Sec. 325-a61 (1903). Manufacturers and dealers to brand product in manner directed.—All persons, companies, manufacturers, dealers, or

agents before selling or offering for sale in this State any commercial fertilizer or fertilizer material, shall brand or attach to each

bag, barrel, or package, the name and address of the manufacturer,

and the guaranteed analysis of the commercial fertilizer, giving the

valuable constituents of the commercial fertilizer in minimum per- centages only. Only these items shall be branded or printed on the

package in the following order

(1) Weight of each package in pounds.

(7) Name and address of the manufacturer.

Ann. Code, 1917, Shannon, Vol. 5, p. 6509.

Sec. 329-a29b2 (1917). Licensed milk tester is required, when; license and fee; revocation; no second license, when.—Every person receiving

or buying milk or cream, on the basis of its butterfat content, shall be or have in his employ a licensed milk tester to manipulate the

Babcock test, and no person not holding such license shall be allowed

to manipulate the Babcock test in any creamery, cheese factory, milk

depot, milk plant, ice cream factory, cream station, milk condensary,

or similar pljint where milk or cream is bought or received on a basis

of its butterfat content, or both its weight and butterfat content. The license shall be issued by the State dairy commissioner to such

milk tester only after he has satisfactorily passed an examination
788 LAWS CONCEBNING WEIGHTS AND MEASTJBES

given by the State dairy commissioner, or his duly appointed deputy,

and upon the payment of a license fee of two dollars to the State

dairy commissioner, or his duly appointed deputy. This license shall be valid for one year, but may be revoked by the State dairy commissioner if the licensee fails to comply with the rules and regulations

under which the license was granted. A second license shall not be

issued to any tester from whom a license has been revoked. The provisions of this section shall not apply to individuals, hotels, restaurants, and boarding houses buying milk or cream for private use.

Sec. 329a29b3. Standard scales, weights, and measures, etc.—Every

person, or agent for any person, buying milk or cream, on the

basis of its weight or butterfat content as determined by the Babcock test, or on a basis of both its weight and butterfat content, shall use only standard scales, weights, measures, Babcock test bottles and

pipettes, as specified in the rules and regulations of the State dairy

commissioner, as provided for in section 329a29bl0, and which have

been inspected and duly approved by the State dairy commissioner,

or his duly appointed deputy.

Sec. 329a29b4. Unlawful to manipulate the Babcock test contrary to rules and regnilations, or to falsify the records thereof.—It shall be unlawful for any person buying and paying for milk or cream, on the

basis of the butterfat content, or any agent thereof, to manipulate

the Babcock test in any waj' other than as prescribed in the rules

and regulations of the State dairj' commissioner, as provided for in

section 329a29bl0, or to falsify the records thereof.

Sec. 329a29b5. TTnlawful to fraudulently manipulate weights or samples, or to take samples contrary to rules, etc.—It shall be unlawful for

any person buying or receiving milk or cream, by weight or butterfat content, or by both weight and butterfat content, or any agent

of such person to fraudulently manipulate the weight or weights of

milk or cream of any person, or to take a sample or samples for test- ing in any manner not approved by the rules and regulations of the

State dairy commissioner, as provided for in section 329a29bl0,

or to fraudulently manipulate such sample or samples.

Sec. 329a29b6. Fees for inspection and approving scales, measures, and

apparatus.—The fee to be charged by the State dairy commissioner,

or his duly appointed deputy, for inspecting and approving the

scales, measures, and apparatus as provided for in this act shall be

three cents for each piece of apparatus or glassware so inspected and

approved.

Sec. 329a29b7. Of^ce of State dairy commissioner is created; appointment of commissioner and deputies.—The office of the State dairy

commissioner is hereby created, and the State commissioner of agriculture is hereby authorized to appoint a State dairy commissioner

and such deputies as in his judgment may be necessary to carry out

the provisions of this act.

Sec. 329a29bl0. Rules and regulations, approval of.—It shaU be the

duty of the State dairy commissioner to formulate such rules and

regulations as may be necessary in the proper execution of this act, such rules and i-egulations to be made with the approval of the

commissioner of agriculture, and the dean of the college of agriculture. University of Tennessee, or their duly appointed agents.

Sec. 329a29bH. Examination of testers; inspection of Babcock testers; destruction of apparatus.—He shall have authority to enforce the pro-
789

visions of this act, by giving examinations to applicants for positions as testers; by inspecting all Babcock testers, glassware, and

scales as provided for in this act, and he shall have the authority

to destroy all apparatus not found accurate.

Sec. 329a29bl2. License of testers; certified apparatus.—He shall issue

testei-s' license to applicants as provided for in section 329a29b2;

he shall certify to the accuracy of apparatus by inscribing thereon

the initials "T. D. C." (Tennessee Dairy Commissioner) in an indelible manner and shall either destroy or properly label all glassware

and other apparatus found inaccurate.

Sec. 329a29bl3. Inspection of Babcock testers, scales, and other ap- paratus every three months.—He shall visit all creameries, cheese

factories, milk depots, milk plants, ice cream factories, cream sta- tions, cream routes, milk condensaries, and similar plants in the

State at least once every three months for the purpose of inspecting

the Babcock testers, scales, and other apparatus used in the test and

for inspecting of such plants with regard to the execution of this act.

Sec. 329a29bl7. Tests to settle disputes between buyers and sellers; such tests regarded as prima facie correct.—They are further authorized

and empowered to make such tests as are necessary to settle disputes,

when called on by either buyer or seller of milk, cream or other

dairy products where such disputes arise over dissatisfaction, re- garding weights or tests of dairy products. Such tests made by the

State dairy commissioner or his deputies shall be regarded as prima

facie correct, and shall be taken as a basis of settlement in such

disputes.

Ann. Code, 1917, Shannon, Vol. 1, ch. 3, Art. VIH, p. 238.

Sec. 339 (1887). Duties of checkweighman.—At every coal or other

mine in this State, where coal or other minerals are mined by weight

or measure, the miners, or a majority of those present at a meeting

called for that purpose, shall have the right to employ a competent

person as checkweighman or check measurer, as the case may require,

who shall be permitted at all times to be present at the weighing or measuring of coal, also have power to weigh or measure the same,

and, during the regular working hours, to have the privilege to balance and examine the scales or measure the cars : Provided, That

all such balancing or examination of scales shall only be done in

such way and in such time as in no way to interfere with the regular

working of the mines; and he shall not be considered a trespasser

during working hours while attending to the interest of his employers, and in no manner shall he be interfered with or intimidated

by any person, agent, owner, or miner; and any person violating

these provisions shall be held and deemed guilty of a misdemeanor,

and, upon conviction thereof, he shall be punished by a fine of not

less than twenty dollars and not exceeding one hundred dollars or imprisoned, at the discretion of the court.

Sec. 340. Further duties; differences, how settled.—It shall be a further duty of checkweighman or check measurer to credit each

miner with all merchantable coal or other mineral mined by him, on

a proper sheet or book kept by him for that purpose. When differ- ences arise between the check weighman or check measurer and the

agent or owners of the mine, as to the uniformity, capacity of scales or cars used, the same shall be referred to the mine inspector of the
790 LAWS CONCEBNING WEIGHTS AND MEASURES

district where the mine is located, whose duty it shall be to regulate

the same at once ; and, in the event of said scales or cars proving to be correct, then the party or parties applying for the testing thereof

to pay or bear all costs and expenses thereof, but, if not correct, then

the owner or owners of said mine to pay the cost and charges of

making said examination.

Sec. 341. Penalty for incorrect weighing or measuring.—Should any

weighman, agent, or check measurer, whether employed by operators

or miners, knowingly or wilfully adopt or take more or less pounds

for a bushel or ton than is now provided for by law, or wilfully

neglect the balancing or examining of the scales or cars, or knowingly and wilfully weigh coal with an incorrect scale, he shall be

guilty of a misdemeanor, and, upon conviction thereof, shall be

imprisoned in the county jail for not less than three months.
TEXAS

Laws, 1925, eh. 13, p. 35.

Sec. 1. Abolishing weights and measures department.—The office of

commissioner of markets and Tvarehouses of the State of Texas is hereby abolished, and the authority, duties, powers, functions, rights,

and liabilities, heretofore vesting in said commissioner, shall hereafter vest in and be had and performed by the commissioner of

agriculture. The markets and warehouse department and the

weights and measures department of the State of Texas are hereby

abolished, and the duties and functions of the same shall hereafter

vest in the commissioner of agriculture.

Revised Civil Statutes, 1925, Vol. 1, Title 93, oh. 7, p. 1605.

Sec. 5705 (1919). Commissioner to enforce law.—The commissioner

of markets and warehouses ^ shall have power and authority to enforce, or cause to be enforced, any provision of this chapter. He

shall appoint a chief deputy, who shall be known as chief deputy of

weights and measures. In the absence or inability of the commissioner, such deputy may perform any duty required by the provisions

of this chapter. The commissioner shall also appoint such additional deputies from time to time to serve as sealers of weights and

measures, as may be provided for by appropriation. He may also designate such inspectors, lecturers, or employes, serving under him

as commissioner, as sealers of weights and measures.

Sec. 5706. Expenses.—Such deputies, together with the chief deputy

and the commisioner, shall be entitled to their actual traveling

expenses when traveling on business for the State, and the legislature

shall provide from time to time by appropriation other estimated

expenses to fully carry out the provisions of this chapter.

Sec. 5707. Duty of commissioner.—The commissioner shall investigate conditions throughout the State, and especially in all the cities and towns in the State, with respect to weights and measures, and

the sale of goods, wares and merchandise, commodities, food stuff and feed stuff sold in packages or containers, and also all kinds of

feed, fuel or ice that is sold by weight or measure. The commissioner shall annually report to the governor, and shall, prior to each

regular session of the legislature, file a copy of such report made by

him to the governor, together with his recommendations, with the

legislature of the State.

Sec. 5708. Rules and regnilations.—The commissioner shall issue in- structions and make such rules and regulations for the government

of all State sealers of weights and measures, deputy sealers, in- spectors and local sealers, as he may see proper in order to carry

out the purposes of this chapter. All such rules and regulations so

^ The office of commissioner of markets and warehouses was abolished and the duties Tested in the commissioner of agriculture by Laws, 1925, cb. 13. 791
792 LAWS CONCEKNING WEIGHTS AND MEASUBES

issued by him shall have the same force and effect as if they were

enacted into law.

Sec. 5709. Jurisdiction.—The jurisdiction of all State sealers, deputy sealers and inspectors appointed by the commissioner shall be

co-extensive with the limits of the State and they shall have a right

to inspect weights and measures in any and all districts or localities designated by the commissioner. The jurisdiction of all local sealers of weights and measures appointed by the governing body

of any city in this State shall be co-extensive with the limits of said

city.

Sec. 5710. Same power as peace officer.—The commissioner, his deputy, sealers or inspectors and all local sealers and their deputies

in the performance of their official duties, shall have the same power as peace officers in this State.

Sec. 5711. Record of acts and reports.—The commissioner shall keep

in his office a complete record of all acts done by him ; of aU inspections made throughout the State, and a record of all prosecutions for

the violation of any provision of this chapter. He shall keep an

accurate record of the reports of all the various sealers of weights

and measures, deputy sealers and inspectors appointed by him, or under his direction, as well as a record of the inspections of all local sealers of weights and measures appointed by the various cities of

the State ; such record shall always be open to the inspection of the

public. Copies of such record may be had by application therefor,

together with the necessary cost of making such copies.

Sec. 5712. Test of standard.—The standard of weights and measures

received from the United States vmder a resolution of Congress, approved June 14, 1836, and such new weights and measures as shall be

received from the United States as standard weights and measures

in addition thereto, or in renewal thereof, and such as shall be procured by the State in conformity therewith and certified by the

bureau of standards, shall be the State's standards by which all State

and municipal standards of weights and measures shall be tried,

authenticated, proved and sealed.

Sec. 5713. To keep and maintain standards.—The standards referred

to in the preceding article [section] shall be kept by the commissioner

in a safe and suitable place in his office, from which they shall not be

removed except for repairs or certification. He shall maintain such

standards in good order and shall submit them, at least once in ten years to the National Bureau of Standards for certification. He

shall purchase such apparatus as shall be found necessary to a proper prosecution of the work of the office. Sec. 5714. Shall establish tolerances,—The commissioner shall establish tolerances and specifications for commercial weighing and measuring apparatus for use in this State, similar to the tolerances and

specifications recommended by the National Bureau of Standards

and he may establish a standard net weight or net count of any commodity, produce, or article, and prescribe such tolerances for same as he may in his best judgment deem necessary for the proper protection of the public.

Sec. 5715. Copies to cities.—The commissioner shall, at the request

of any city council, town council, city commission or any other such

town or city body, furnish to them copies of the standard weights
TEXAS 793

and measures of the State; such copies shall be furnished at the

expense of any such city or town requesting the same. He shall,

upon request of any such city council, town council, or city commission, test and accurately approve copies of the State's standards

of weights and measures procured for the use of any such city or town,

to be used by the sealer of weights and measures for such city or town. All copies furnished or copies tested and approved by the

commissioner shall be true and correct; shall be sealed and certified by the commissioner and stamped with the letter " C." Such copies

need not be of the same material or construction as the standards

of the State and such copies may be furnished in any suitable materials or construction that the city or town requiring the same may

specify, subject, however, to the approval of the commissioner.

Sec. 5716. Correcting standards of cities.—The commissioner shall inspect and correct the standards used by any incorporated city or town in this State at least once every two years and compare the same

with others in his possession, and keep a record of the state of

inspection and character of weights and measures so compared.

Sec. 5717. Sale of false devices.—The commissioner shall have general supervision over all weights and measures and weighing and

measuring devices sold or offered for sale in this State. If any

false weights or measures are being sold, offered for sale, or about

to be sold, he shall have full authority to condemn same and prohibit

the sale and distribution of such false weights and measures, or weighing and measuring devices in this State.

Sec. 5718. Certified standard.—All sealers of weights and measures,

or deputy sealers of weights and measures appointed under the

terms and provisions of this law are prohibited from using for the

purpose of comparison or verification in any official capacity any

weights or measures, unless same have been certified to by the

commissioner. All expenses incurred in certifying to the correctness of the weights and measures or copies of the same used by any

incorporated city or town in this State shall be paid by such city or town for whom the comparison or test is made.

Sec. 5719. Copies of original standard.—In addition to the standards

heretofore referred to, and required to be kept by the State, the

State shall also have a complete set of copies of such original standards of weights and measures adopted by this chapter, which shall be used for adjusting municipal standards by the commissioner

or his deputy in the performance of their duties, and the original

standards shall not be used, except for the adjustment of this set of copies and for certification purposes. Additional complete sets of copies for such original standards of weights and measures may

be purchased by the commissioner when the same are necessary

for use by any State sealer of weights and measures, or deputy

State sealer of weights and measures. In all instances where the

State shall furnish true and correct copies of weights and measures

for the use of any incorporated city or town in this State, such

city or town shall reimburse the State for the actual cost thereof,

plus such expenses as are necessary to pay the freight, express and

cost of certification thereof.

Sec. 5720. Test of weights and measures in State institutions.—The

commissioner or his deputy shall at least once annually, or oftener
794 LAWS CONCEKNING WEIGHTS AND MEASUBES

if requested so to do by the board of control, or board of supervisors,

regents or other governing body of any State institution or penitentiary commission or the governing body of any other penal institution

of the State, test all scales, weights and measures used in checking

the receipt and distribution of supplies of any such institution under

the control of the State, and shall report his findings to the chairman

of the board, or the superintendent of such institution. He shall also

test all scales, weights and measures used for any other purpose by

such institution.

Sec. 5721. Local sealers, procedure when found negligent or incompetent by State superintendent.—The commissioner, if he finds that

any sealer or deputy sealer of weights and measures appointed by

any incorporated city or town in this State, by virtue of the authority

given them under the law, is neglecting to perform the duties of his

olEce, or has refused to accept the recommendations and instructions

of the commissioner and be guided thereby, or is guilty of any malfeasance in office, or who is incompetent, he shall present to the governing body or officer who has control or supervision of such city

sealer of weights and measures, or deputy sealer of weights and

measures, a written charge and accusation based upon and clearly

stating the offense of such sealer or deputy sealer and request such

officer or governing body to hear and determine such accusation.

Upon receipt of such charge and accusation, such officer or city commission with whom the same has been filed, shall make an order set- ting the same for a hearing at a time which shall be not less than ten nor more than twenty days from the date of filing of such charge and

accusation and shall in such order fix the time and place for such

hearing. A copy of such charge and accusation, together with a copy

of such order, shall be served upon the accused at least seven days

prior to the time fixed for such hearing. At such hearing the accused

shall have the right to be represented by counsel and to produce evidence in his defense. If, upon such .hearing, he shall be found guilty

of malfeasance, or misfeasance in office or adjudged to be incompetent to perform the duties of the office, the officer or governing body

before whom such hearing is had must forthwith remove him from

office. Whenever it shall become known to the commissioner or his

deputj^ that any local sealer of weights and measures for any city or town in this State, or deputy sealer of weights and measures, is guilty of accepting any bribe, gift or money from anyone who is in- terested in procuring false weights and measures, as soon as such

fact shall become known, Or be made known to the officer or governing body employing such sealer or deputy sealer, he or they shall

immediately suspend such sealer from office. Sec. 5722. To supervise local sealers.—Every local sealer of weights

and measures, or deputy sealer, appointed by any governing body of

any town or city shall be under the supervision of the commissioner,

and shall be required to report to him regularly and carry out all the instructions of the commissioner. Failure or refusal to do so

shall be grounds for dismissal from the service.

Sec. 5723. Sealers to preserve standards and keep record of work done

;

report to State superintendent.—Each sealer of weights and measures, deputy sealer, inspector, or local sealer shall carefully preserve all copies of the standards of weights and measures used by him in
TEXAS 795

his inspection work, and keep the same safe and in good order, when

not in actual use. He shall keep a record of all work done by him

showing the inspections made, for whom made, giving the name and

post-office address of each party for whom any measurement, test weight, inspection, condenmation or prosecution is made; such

record shall be preserved by him, from which he shall compile his

reports at regular intervals to the commissioner when required to make a report. He shall keep a careful record of all violations of the

weights and measures law and report in detail to the commissioner.

Sec. 5724. Weighing and measuring apparatus for sale or in use to be

marked as to correctness.—Every person, firm or corporation, or asso- ciation of persons, using or keeping for use, or having or offering

for sale, weights, scales, beams or measures of any kind, instruments

or mechanical devices for weighing or measuring, and tools, appHances and accessories connected with any or all of such instruments

or measurements within this State, shall cause the same to be sealed

and marked by the sealer of weights and measures as to their correctness, and no instrument shall be sold for the purpose of weighing

or measuring unless it shall bear the seal of the inspector of weights

and measures as to its correctness.

Sec. 5725. Testing, how often required and permitted; new apparatus

to be tested, when.—When any weight, scale, beam, measure of any

kind, instrument or mechanical device for weighing or measuring;

also all tools and appliances necessary or connected with any such

instruments of measure have been tested and found correct by any

sealer appointed under the provisions of this chapter, the same may

be used, kept for use, offered for sale, sold or kept for sale anywhere within this State for one year without being further tested. Any weight, scale, beam, measures of every kind, instruments or mechanical devices for weighing or measuring, or appliances and

accessories connected with any or all of such instruments or measure, which have been tested and sealed and certified as correct by

the National Bureau of Standards may be kept for sale, sold or

offered for sale without being tested and sealed hj a sealer under

the provisions of this chapter, but all such weights, scales, beams, measures or [of] any kind, instruments or mechanical devices for

weighing or measuring; also all tools and appliances necessary con- nected with any or all of such instruments or measures shall always

be subject to inspection and testing as herein provided, notwithstanding that the same have been tested and sealed, either hj a sealer appointed under the pro\dsions of this chapter or by the National

Bureau of Standards. Any scale, beam or mechanical device for

weighing or measuring, which, after being sold, and before being

used for weighing and measuring, it is found necessary to assemble

and set up, may be sold, kept for sale or offered for sale without

first being tested and sealed, but such scale, beam or measuring de- vice for weighing or measuring, before being used for weighing or measuring, without the consent of the commissioner, must be tested

and sealed as provided in this chapter.

Sec. 5726. Testing weights and measures apparatus by sealers; weighing packages of commodities, may be seized, when; police powers of

oj0B.cials.—All sealers, deputy sealers, inspectors, and local sealers

shall inspect, try and test all weights, scales, beams, measures of any
796 tAWS COKCEBNING WEIGHTS AND MEASUBfiS

kind, instruments or mechanical devices for weighing or measuring

and all tools, appliances and accessories connected with any or all such instruments or measures kept for the purpose of sale, sold or used by any proprietor, agent, lessee or employe in proving the

size, quantity, extent, area, weight or measurement of quantities,

things, produce, articles for distribution or consumption, purchased

or offered or submitted by such person or persons for sale, hire, or award and ascertain if the same are correct, and he shall have the

power to and shall from time to time weigh or measure packages or amounts of commodities of whatsoever kind kept for the purpose of

sale, offered for sale or sold, or in the process of delivery, in order

to determine whether the same contains the quantity or amount rep- resented and whether they are being offered for sale or sold in ac- cordance with law and may seize for use as evidence such amounts

of commodities or packages which shall be found to contain a less amount than that represented. He shall at least once each year, or

as much oftener as may be found necessary, and directed by the

commissioner, see that the weights, measures and all weighing and

measuring apparatus, used in any locality to which he is assigned

for the purpose of inspection, are correct. All local sealers of

weights and measures shall test at least once each year all scales,

weights and measures of every kind and device within any such city

to which they are appointed, and oftener, if required so to do. Any

sealer, or deputy sealer, or inspector for the purposes above mentioned, and in the general performance of his duty may, without

warrant, enter, go into or upon any stand, place, building or premises, or stop any vendor, peddler, junk dealer, driver of a coal wagon,

ice wagon or delivery wagon or the driver of any wagon containing

commodities for sale or delivery, and if necessary require him to proceed to some place which the sealer may specify for the purpose

of making the proper tests. Sec. 5727. Testing apparatus; may be condemned, seized, or destroyed,

when; removal of tags; reinspection.—Whenever a sealer, deputy

sealer, or inspector of weights and measures compares weights and

measures, or weighing or measuring instruments and finds that they

correspond, or causes them to correspond to the standards, he shall

seal or mark under his name such weight or measure or weighing

or measuring instrument with an appropriate device showing that the

weight or measure, or weighing or measuring instrument is correct,

and the date of the inspection, which device shall be placed so as to be easily seen. He shall condemn and seize and may destroy incorrect

weights and measures and weighing and measuring instruments,

which in his best judgment are not susceptible of repair, but any

weights and measures, or weighing or measuring instruments which

shall be found to be incorrect, but which, in his best judgment are

susceptible of repair, he shall cause to be marked with a tag or other

suitable device with the words " Out of order." The owner or user

of any weights or measures, or weighing or measuring instruments,

which have been marked " Out of order," as in this article provided,

may have the same repaired or corrected within thirty days, but until

the same have been repaired or corrected and tested as herein provided, the owner or user thereof must neither use nor dispose of the same in any way, but shall hold the same at the disposal of the com-
TEXAS 797

missioner or any deputy or local sealer. Wlien the same have been

repaired or corrected, tne owner or user thereof shall notify the commissioner or his deputy or local sealer and they shall again be tested

for the purpose of proving the weight, measure or weighing or measuring instrument which had been found to be incorrect and marked

as in this article, and until such weight, measure or weighing or measuring instrument has been re-inspected by the sealer and found

correct, the same shall not be used or in a,nj way disposed of by the owner. When any weight, measure or weighing or measuring in- strument has been repaired and corrected, and has been re-inspected

and found correct by the sealer of weights and measures, the sealer

of weights and measures shall remove the tag or device with the

words " Out of order " and shall mark such weight, measure or weighing or measuring instrument in the manner provided for the marking of same where upon inspection they were found to be correct.

Sec. 5728. Fees for testing.—The commissioner shall have the right

and power to fix and collect a nominal fee for testing all weights,

scales, beams and any kind of instruments or mechanical devices for

weighing or measuring; all tools, appliances and accessories con- nected with all such instruments before they are offered for sale; such fee, however, to be reasonable and to be graduated according to the cost of such instrument, and it shall be unlawful for anyone to

sell any weights, scales, beams, measuring instruments or mechanical

devices for weighing or measuring, or to lease or rent same, unless

such instruments have been inspected, tested and approved by the

commissioner, or one of his duly accredited deputies. All moneys

collected by the commissioner shall be paid into the State treasury.

Sec. 5729. Definitions.—The word " person," whenever used in this

chapter, shall be deemed to include person, firm or corporation and

all officers, directors and managers of corporations shall comply with

the provisions of this chapter on behalf of their respective corporations.

Sec. 5730. Unit of standard of length and surface; yard, rod, pole,

perch, mile, Spanish, vara, chain, link, acre, square mile.—The standard

of weights and measures adopted and used by the Government of

the United States is hereby declared the legal standard of weights

and measures of this State; provided, that as to commodities for

which the Congress of the United States provided no standard of

weights or measures, the standards adopted by this State shall be

the standard of weights and measures for such commodities. The

unit of standard of length and surface, from which all the other measures of extension, whether lineal, superficial or solid, shall be

derived and ascertained, is the standard yard designated in this

chapter, which is divided into three equal parts called feet, and each

foot into twelve equal parts called inches. For measures of cloth,

and other commodities commonly sold by the yard, it may be divided

into halves, quarters, eighths and sixteenths. The rod, pole or perch

contains five and one-half yards; the mile one thousand seven hundred and sixty yards. The Spanish vara, thirty-three and one-third

inches. Where land is measured by the English rule, the chain for

measuring land shall be twenty-two yards long and divided into one hundred equal parts called links. The acre for land measure shall be measured horizontally and shall contain forty-eight hundred and
798 LAWS CONCEENLNG WEIGHTS AND MEASURES

forty square yards; six hundred and forty acres shall constitute a square mile.

Sec. 5731. Units of weight; pound, hundredweight, ton, troy onnce, and

pound.—The units or standards of weight from which all the other

weights shall be derived and ascertained shall be the standard of

avoirdupois and troy weights designated in this chapter, and avoirdupois pounds shall bear to the troy pounds the ratio of seven thousand to five thousand seven hundred and sixty grains, and the

avoirdupois pound shall be divided into sixteen equal parts called ounces. The hundredweight shall consist of one hundred avoirdupois pounds, and twenty hundredweight shall constitute a ton. The

troy ounce shall be one-twelfth of a troy pound.

Sec. 5732. Standard for liquids.—The units or standards of measure

of capacity for liquids from which all other measures shall be derived

and ascertained, shall be the standard gallon and its parts designated

in this chapter. The barrel shall constitute thirty-one and one-half

gallons and two barrels shall make a hogshead. All other measures

of capacity for liquids shall be derived from the liquid gallon by continual division by the number two, so as to make half gallons, quarts,

pints, half pints and gills. Sec. 5733. Standard for solids.—The unit or standard measure of

capacity for substance not liquids, from which all measures of such

substance shall be derived and ascertained, is the standard half bushel

mentioned in this chapter. The peck, half peck, quarter peck, quart

and pint measure for measuring commodities which are not liquid

shall be derived from the half bushel by successively dividing that measure by two. The standard bushel measure shall constitute two

thousand one hundred fifty and forty-two one-hundredths cubic

inches; the standard half bushel measure shall contain ten hundred

seventy-five and twenty [twenty-one] one-hundredths cubic inches;

ihe standard gallon shall contain two hundred thirty-one cubic inches.

All measures for measuring dry commodities shall not be heaped but

shall be stricken with a straight stick or roller.. Sec. 5734. Weights per bushel, barrel, or ton; cord and ton defined;

weight per cubic yard of sand and gravel; Federal requirements recognized.—Whenever any of the following articles shall be contracted

for, sold or delivered, the weight per bushel or barrel or divisible

merchantable quantities of a bushel or barrel shall be as follows : - Wheat flour, per barrel 200 pounds.

Wheat flour, per half barrel sack 100

pounds.

Wheat flour, per quarter barrel sack

50 pounds.

Wheat flour, per eighth barrel sack 25 pounds.

Corn meal, per bushel sack 50 pounds. Corn meal, per half bushel sack 25 pounds. Corn meal, per quarter bushel sack

121/2 pounds.

Alfalfa seed, per bushel 60 pounds.

Apples, green, per bushel 50 pounds.

Apples, dried, per bushel 28 pounds.

Barley, per bushel 48 pounds.

Beans, green or string, per bushel 24 pounds.

Beans, wax, per bushel 24 pounds.

Beans, white, per bushel 60 pound.s.

Beans, castor, per bushel 46 pounds.

Beets, per bushel 60 pounds.

Blue grass seed, per bushel 14 pounds.

Bran, per bushel 20 pounds ; by the 100 pounds in 100-pound bags.

Broom corn seed, per bushel 48 pounds.

Buckwheat, per bushel 52 pounds.

Carrots, per bushel 50 pounds.

Charcoal, per bushel 22 pounds. Clover seed, per bushel 60 pounds.

Coal, anthracite, per bushel 80 pounds.

Coke, per bushel 40 pounds.

- For convenience In printing a slight change has been made in the arrangement of these articles.
TEXAS 799

Corn meal, unbolted, per bushel 48

pounds.

Corn in the ear, per bushel 70 pounds,

after December 1st. Corn in the ear, per bushel, new crop, before December 1st, 72 pounds.

Corn, shelled, per bushel 56 pounds.

Kafir corn, per bushel 50 pounds. Cotton seed, per bushel 32 pounds ; by

the ton, 2,000 pounds.

Cranberries, per bushel 33 pounds.

Cucumbers, per bushel 48 pounds.

Flax seed, per bushel 56 pounds.

Gooseberries, per bushel 40 pounds.

Hair, plastering, unwashed, per bushel

8 pounds.

Hair, plastering, washed, per bushel 4 pounds.

Hemp seed, per bushel 44 pounds.

Hickory nuts, per bushel 50 pounds.

Hungarian grass seed, per bushel 48

pounds.

Indian corn or maize, per bushel 56 pounds.

Lime, unslacked, per barrel 180 pounds

net. Lime, hydrated, per sack 100 pounds

net. Lime, hydrated, per bag 40 pounds net. Ijme, agricultural, per sack 100 pounds net. Lime, agricultural, per bag 50 pounds

net, Milo maize, per bushel 50 pounds.

Millet, per bushel 50 pounds.

Millet, Japanese barnyard, per bushel 35 i)ounds. Oats, per bushel 32 pounds.

Onions, per bushel 57 pounds.

Onions sets, top, per bushel 30 pounds.

Onion sets, bottom, per bushel 32

pounds.

Orchard grass seed, per bushel 14 pounds.

Parsnips, per bushel 50 pounds.

Peaches, per bushel 50 pounds.

Peaches, dried, per bushel 28 pounds.

Peanuts, green, per bushel 22 pounds,

Georgia or Virginia.

Peanuts, Spanish, per bushel 24 pounds.

Peanuts, roasted, per bushel 20 pounds.

Pears, per bushel 58 pounds.

Peas, dried, per bushel 60 pounds.

Peas, green, in pod, per bushel 32 pounds.

Popcorn, in ear, per bushel 70 pounds.

Popcorn, shelled, per bushel 56 pounds.

Potatoes, Irish, per bushel 60 pounds.

Potatoes, sweet, per bushel 50 pounds.

Quinces, per bushel 48 pounds.

Rape seed, per bushel 50 pounds.

Redtop seed, per bushel 14 pounds.

Rice bran, per sack 143 pounds.

Pace polish, per sack 200 pounds.

Rough rice, per bushel 45 pounds.

Rutabagas, per bushel 50 pounds.

Rye meal, per bushel 50 pounds.

Rye, per bushel 56 pounds.

Salt, coarse, per bushel 55 pounds.

Salt, fine, per bushel 50 pounds.

Shorts, per bushel 20 pounds ; by 100 pounds in 100-pound bags.

Sorghum seed, per bu.shel 50 pounds.

Sudan grass seed. No. 1, per bushel 32

pounds.

Sudan grass seed. No. 2, per bushel 30

pounds.

Sudan grass seed. No. 3, per bushel 28 pounds.

Spinach, per bushel 12 pounds. Sweet clover seed, unhulled, per bushel 23 pounds."

Timothy seed, per bushel 45 pounds.

Tomatoes, per bushel 56 pounds.

Turnips, per bushel 55 pounds.

Walnuts, per bushel 50 pounds.

Wheat, per bushel 60 pounds.

Whenever any commodity is sold by the cord it shall mean 128

cubic feet, or the contents of a space eight feet long, four feet wide

and four feet high. Whenever anything is sold by the ton, it shall mean two thousand pounds avoirdupois.

Whenever any of the following articles are sold by the cubic yard,

and the same are weighed, the following weights shall govern : Torpedo sand or gravel, 3,000 pounds equal one cubic yard, and 2,500

pounds of bank sand equals one cubic yard.

Sec. 5735. Failure to regard unit of measure.—Whoever in buying

any of the articles mentioned in the preceding article shall take any

greater number of pounds thereof to the bushel, barrel or cubic yard,

or divisible, merchantable quantity of bushel, barrel, cubic yard, or

lineal yard, or in selling any of said articles shall give any less number of pounds thereof to the bushel, barrel, cubic or lineal yard than

^ The weight of sweet clover seed, unhulled, was originally given in the act of 1919 as 33 pounds per bushel, and it may be presumed that the change to 23 pounds per bushel given above was inadvertently made. 517—27- -51
800 LAWS CONCEENIKG WEIGHTS AND MEASUBBS

is allowed by the laws of this State, with intent to gain an advantage thereby, shall be liable to the party injured in double the amount

of the property wrongfully taken, or not given. This article [section] does not apply to cases where the buyer or seller is expressly

authorized by special contract or agreement to take more or give less of such articles.

Sec. 5736. Contracts, how construed.—All contracts hereafter to be

executed and made within this State for any work to be done, or for

anjiihing to be sold, delivered, done or agreed for, by weight or measure, shall be construed to be made according to the standard

weight and measure ascertained as hereinbefore provided, unless

there is an express contract to the contrary. In making any adjustment of weights or measures under the laws of this State, the standard given in this chapter shall be taken as the guide for making such

adjustment.

Eev. Civil Stats., 1925, Vol. 2, Title 93, ch. 3, p. 1570.

Sec. 5602 (1917). Warehouse companies; classification of products;

standards of quality and of weights and measures to be kept by warehouse companies.—The standards of weights and measures of this

State shall be the standards of weights and measures used under the

terms and provisions of this chapter. It shall be the duty of the

commissioner [of markets and warehouses] to establish standards of

classifications of cotton, corn, and other farm and ranch products,

of whatever kind and character, which may be subject to classifica- tion, and originals of such standards so established shall be maintained, subject to public inspection, in the office of the commissioner

at all reasonable times; and duplicates of such standards as well as the standards of weights and measures, shall be furnished by the

commissioner to all persons who may apply therefor, imder [upon]

the payment of the necessarj^ cost thereof. It shall be the duty of

each public warehouse company to keep a duplicate of said standards,

as well as the standards of weights and measures, at its warehouse,

subject to inspection and comparison of grades and classification

by persons storing products therein : Provided, That the standards

of classification shall always be the standards established hj the

Government of the United States, or of this State. Rev. Crim. Stats., 1925, Title 14, ch. 5, p. 245.

Sec. 1035 (1919). Duty of local sealer.—Each local or deputy sealer of weights and measures appointed by any city or town council or commission, shall be under the supervision of the commissioner of

agriculture and shall be required to report to him regularly and carry

out all his instructions, and on failure or refusal to do so shall be fined

not less than ten nor more than two hundred dollars.

Sec. 1036. Removing tag of sealer.—"^^Tioever removes or obliterates

any tag or device placed by any authorized sealer, deputy sealer or inspector upon any weight or measure, or weighing or measuring

instrument, shall be fined not less than ten nor more than two himdred dollars.

Sec. 1037. False weights and measures.—Any person, who, by himself

or his employee or agent, or as the employee or agent of another,

shall use, in the buying or selling of any commodity, or retain in his

possession, a false weight or measure, or weighing or measuring in-
TEXAS 801

strnment, or shall offer or expose for sale, or sell, except as specifically allowed by law, or use or retain in his possession any weight

or measure or weighing or measuring instrument contrary to law,

or any person, who, by himself, or his employee or agent, or as the

employee or agent of another, shall sell or offer or expose for sale, or use or have in his possession for the purpose of selling or using,

any device or instrument to be used to, or calculated to, falsify any

weight or measure, shall be fined not less than ten nor more than two

hundred dollars. Possession of such false weights or measures or instruments shall be prima facie evidence of the fact that they were

intended to be used in the violation of law.

Sec. 1038. Hindering sealers.—Whoever hinders or obstructs in any

way the commissioner of agriculture, or his deputy, inspector or

sealer or any local sealer, in the performance of their duties, shall be

fined not less than ten nor more than two hundred doUars.

Sec. 1039. Kefusing to permit test of weight.—Any person neglecting or refusing to exhibit any weight, measure, or weighing or measuring instrument of any kind, or appliances and accessories con- nected with any of such instruments or measures which are in his

possession or under his control to the commissioner, his deputy, in- spector or to any local inspector or sealer, for the purpose of allowing the same to be inspected and examined as provided for by law,

shall be fined not less than ten nor more than two hundred dollars.

Sec. 1040. Refusing to permit test of article.—Any person, who, by

himself, or his employe or agent, or as the proprietor or manager,

shall refuse to exhibit any article, commodity, produce or anything

being sold or offered for sale at a given weight or quantity, or ordinarily so sold, to the commissioner or to his deputy or to a sealer or his deputy or to an inspector or local sealer, for the purpose of

allowing same to be tested and proved as to quantity contained

therein, shall be fined not less than ten nor more than two hundred

dollars.

Sec. 1041. Unlawfully sealing.—Any sealer, deputy sealer^ inspector or local sealer appointed under the provisions of law, or discharging

the duties of a sealer of weights and measures in this State, who shall seal any weight, measure, balance or apparatus before testing and

making the same conform with the standards of the State or who

shall condemn any weight, measure, balance or apparatus without

first testing the same, shall be fined not less than twenty-five nor more than two hundred dollars, and shall be immediately suspended

from office. Sec. 1042. Failure to regard unit of measure.—Whoever in buying

any commodity or article of property, merchandise or produce, the

standard weight of which per bushel or barrel, or divisible merchantable quantities of a bushel or barrel, or by the cord or ton or

cubic yard, has been fixed by the laws of this State, shall take any

greater number of pounds thereof to the bushel, barrel or cubic

yard, or divisible merchantable quantity of bushel, barrel, cubic jSLrd or lienal [lineal] yard, or in selling any of the same, shall give any

less number of pounds thereof to the bushel, barrel, cubic or lineal

yard, or divisible merchantable quantity of bushel, barrel, cubic or

lineal yard than is allowed by the laws of this State, with intent to gain an advantage thereby, shall be fined not less than twenty nor more than two hundred dollars.
802 LAWS CONCEBNING WEIGHTS AND MEASURES

Sec. 1043. Parties may contract.—The preceding article does not

apply wjiere the buyer or seller is expressly authorized by special contract or agreement to take more or give less of such article. Sec. 1044 (1907). B-eeeptacle containing mill product.—Any one en- gaged in the manufacture of mill products of any character who shall use any bag, box, barrel or any other receptacle into which to put such

product other than the one bearing the name of such mill manufacturing the same, shall be fined not less than one hundred nor more

than one thousand dollars or be confined in jail for thirty days, or

both.

Sec. 1045 (1917). Containers for fruit or vegetables.—Whoever shall

make, sell, or offer to sell containers for the shipment of fruit or vegetables, which containers are of different size or dimensions from the

standards of such containers established by the laws of this State,

shall be fined not to exceed one thousand dollars.

See. 1046 (1918). Inspection of fruits and vegetables.—Any grower,

shipper's agent, packer, or any agent, receiver or representative of any

common carrier or transportation company, who shall violate any provision of the laws of this State relating to standards of grades and

pack of fruit and vegetables, or who shall refuse to submit any such

fruit or vegetables packed or ready for shipment to inspection by

any inspector appointed, as authorized by law, by the commissioner

of agriculture and empowered by such commissioner to make such

inspection, shall be fined not to exceed one hundred dollars.

Sec. 1047 (1921). Public weigher.—All persons engaged in the busi- ness of public weighing for hire, or any person who shall weigh or measure any commodity, produce or article, and issue therefor a weight

certificate or weight sheet, which shall be accepted as the accurate weight upon which the purchase or sale of such commodity, produce,

or article is based, shall be known as a public weigher, and shall comply with the provisions of the law regulating public weighers, provided the provisions of this article shall not apply to any owner,

manager, agent or employee of any compress or any public or private

warehouse in their operations as a warehouseman. This law shall

not apply in any manner to any Texas port.

Sec. 1048 (1919). Weight certificate.—The commissioner of agricul- ture shall prescribe the form of weight certificate to be used by all public weighers in this State, which certificate shall be known as a State certificate of weights and measures; such certificate shall

state thereon the kind of produce ; the number of the same, the date

of the receipt of the produce, the owner, agent or consignee, the

total weight of the produce, the vessel, railroad, or other means by which the produce was received, and any trade-mark or other

mark thereon; and such other information as may be necesary to distinguish or identify the produce from a like kind. No certificate other than the one herein prescribed shall be used by any public

weigher in this State, and such certificate when so made and properly

signed, shall be prima facie evidence of such weight.

Sec. 1049. Record of weights.—All public weighers, within this

State, shall keep and preserve a correct and accurate record of

all weights made by them, which record shall be open for the

inspection of the commissioner of agriculture, his deputies or in- spectors, and the public at any and all times. Such record shall
TEXAS 803

be uniform throughout the State, and the form of such record shall be prescribed by said commissioner.

Sec, 1050. Issuing false certificate.—All certificates of weights and

measures or weight sheets as provided for in this chapter shall contain the accurate and correct weight of any and all commodities

weighed when issued by public weighers. Any public weigher, or deputy public weigher, who shall issue any certificate of weights and

measures or weight sheet giving false weights or measures of any

article, or commodity weighed or measured by him, or his representative or deputy, to any person, firm or corporation, shall be fined

not less than twenty-five nor more than two hundred and fifty

dollars, and may be imprisoned in jail for not less than thirty

days nor more than six months, and in addition thereto, he shall be suspended from office and not permitted to continue the business

of public weighing any longer.

Sec. 1051. Eequesting false certificate.—"^Vlioever shall request a public weigher, deputy public weigher or any person employed by him,

or pay to him any money, or give him anything to weigh any produce, commodity or article, falsely or incorrectly, or who shall re- quest a false or incorrect certificate of weights or measures, or weight

sheet, shall be fined not less than twenty-five nor more than two

hundred dollars, and in addition thereto may be imprisoned in jail

for not less than thirty days nor more than six months.

Sec. 1052. Weigher to comply with law.—Any person, or agent or

representative of any corporation, who shall engage in the business

of weighing for the public, or who shall grant or issue a certificate or weight sheet, upon which a purchase or sale is made without complying with the terms of the statutes regulating public weighers,

shall be fined not less than twenty-five nor more than two hundred

dollars. Each certificate so granted, or weight sheet issued by him

is a separate offense.

Sec. 1053. Shipping at false weight.—^Whoever ships to anyone in

this State anything in which the weight is necessary to be given at any weight other than the true weight properly certified to shall be

fined not less than one hundred nor more than five hundred dollars

and may be imprisoned in jail for not more than twelve months, or both so fined and imprisoned.

Sec. 1055 (1923). Water, gas, and electric meters.—All water meters,

gas meters and electric meters are subject at all times to inspection of

the commissioner of agriculture and said commissioner either on

his own motion or complaint of any user of any of the above named

meters, shall have same inspected as to its correctness, and if found

incorrect to discontinue its use until corrected, so that it will register

correctly and whoever refuses to discontinue such meter when so

notified by said commissioner that it is incorrect or when so ordered

to discontinue such meter should fail or refuse to comply with such

order of said commissioner sliall be. fined not less than twenty-five nor more than one hundred dollars and each day he shall fail or

refuse to comply with such order to discontinue same shall be a separate offense.

Sec. 1057. Misreading meter.—Any person engaged in the manufacture or sale of electricity, water, or gas for lighting, power or other

purposes, or any officer or employee of any person, corporation or
804 LAWS CONCEBNIKG WEIGHTS ATTD MEASXJBES

company so engaged "who shall knowingly misread any meter or overcharge any customer for such light, water or gas furnished, or

shall cause or knowingly permit any light, water or gas meter to register or show greater than the true amount of light, electricity,

water or gas sold or furnished any customer shall, for every such

oifense, be fined not less than twenty-fi-^e nor more than one hundred dollars. Rev. Crim. Stats., 1925, Title 12, ch. 2, p. 152.

Sec. 708 (1911). Food.—* * * An article shall also be deemed

to be misbranded ; * *

* (h) In the case of food : * *

*

3. If in package form and the contents are stated in terms of

weight or measure, they are not plainly and correctly stated on the

outside of the package.

Sec. 719 (1921). Bread, size of loaves; tolerance.

Eule 5. Bread to be sold by the loaf made by bakers engaged in the business of wholesaling and retailing bread, shall be sold based upon any of the fol- lowing standards of weight and no other, namely: a loaf weighing

one pound or 16 ounces, a loaf weighing 24 ounces or a pound and

a half, and loaves weighing two ix)unds or 32 ounces, and loaves

weighing three pounds, or some other multiple of one pound or 16 ounces. The.se shall be the standard of weight for bread to be sold

by the loaf. Variations, or tolerance, shall not exceed one ounce per

pound over or under the said standard within a period of 24 hours

after baking.

Rev. Civil Stats., 1925, Vol. 1, Title 28, ch. 4, p. 299.

See. 1015°. Power of city council; food inspection; bread.—The governing body shall also have power

5. To regulate the inspection of beef, pork, flour, meal, salt and

other provisions; to appoint weighers, gaugers and inspectors, and

to prescribe their duties and regulate their fees.

6. To regulate the weight and quality of the bread to be sold or used within the city. Rev. Crim. Stats., 1925, Vol. 1, Title 14, ch. 11, p. 261.

Sec. 1108 (1919). Measuring apparatus for petroleum to be accurate.

No person, firm, association of persons, corporation or carrier, shall use any scales, measure or measuring device in the handling or sale of petroleum products unless the same is true and accurate according to the standard of weights and measures under the laws of this

State, nor use any pumping device unless the same is correct according to such standard at three speeds, fast, slow and medium.

Sec. 1109. Use of inaccurate devices prohibited by seal.—The inspector shall seal and forbid the use of any inaccurate measuring device

until such time as the defect is corrected. The breaking of said

official seal shall be prima facie e\'idence of a violation of this law

and no person, firm, association of persons, corporation or carrier

shall refuse to permit the inspector provided for by law to inspect

and seal, if deemed necessary, any such measuring device, or to break the seal after being placed by such inspector.

Sec. 1110. Hindering inspector.—The director of food and drug di- vision of the State board of health, his inspectors, or any person by
TEXAS 805

him duly appointed for that purpose shall have in the performance

of their duties under this law the power to inspect any premises or

place where petroleum products are made, prepared, stored, trans- ported, sold or offered for sale or exchange, and take samples of same, and test measuring devices. It shall be unlawful for any

person to hinder or obstruct or refuse to permit said director, or his

inspector or other person by him duly authorized to perform his

duties in the exercise of such power.

Sec. 1111. Punishment.—Whoever violates any provision of the pre- ceding articles [sections] of this chapter shall be fined not less than

twenty-five nor more than two hundred dollars or be imprisoned in

jail for not less than one month nor more than one year, or both. Rev. Civil Stats., Vol. 1, Title 4, ch. 6, p. 36.

Sec. 109 (1917). Standard containers for fruits and vegetables.

The following standards of containers for the shipment of fruits

and vegetables in this State are hereby established and adopted

as State standards

1. Standard bushel basket: The standard bushel basket shall contain not less than 2,150.4 cubic inches in the basket proper, regardless

of the manner in which the lid is made.

2. Standard four-basket crate : The basket in said crates shall hold

not less than three quarts dry measure, and the dimensions of such

baskets shall be 5 x 8 inches at the bottom, 6 x 10 inches at the top,

and 4 inches deep, and shall contain not less than 201.6 cubic inches.

The heads of the crates holding said baskets shall be 4i/^ inches wide

by 11 inches at the bottom, and 13 inches at the top in length and not

less than of an inch thick. The veneer or boards for the bottoms,

sides and tops shall be not less than 414, 4, and 6^/2 inches wide

respectively, and not less than ^ of an inch thick and 22 inches long.

Both crates and baskets shall be made of good, substantial material,

sufficiently strong to withstand the ordinary strain incident to trans- Dortation and handling.

3. Standard six-basket crate: Each basket of a six-basket crate

shall contain not less than 268.8 cubic inches.

4. Standard folding onion crate : The standard folding onion crate

shall not be less than 19% inches long, 11^^^ wide, and 9{| inches

deep, inside measurements, containing not less than 2,154.4 cubic

inches.

5. Standard orange box: The dimensions of the standard orange

box shall be 12 x 12 x 12 inches for each one-half of box, inside measurement, and the dimensions of a one-half (or strap) box shall be

12 x 12 X 6 inches for each one-half box, inside measurement.

6. Standard berry box or crate : The standard quart berry box or

crate shall contain not less than 24 quart baskets containing 67.2

cubic inches each, dry measure; and the standard pint berry box

or crate shall hold not less than 24 pint baskets, containing not less than 33.6 cubic inches, dry measure.

Sec. 110. Grades and packs established; Texas standard peach packs; Texas standard packs, for oranges, for satsumas and tangerines, for grapefruit.—The following " grades and packs " are hereby estab- lished as State standards for the State of Texas

{a) Standard peach grades and packs: Standard peach grades

are three in number ; namely, fancy, choice or No. 1, and No. 2.
806 LAWS CONCEBNING WEIGHTS AND MEASURES

Fancy peaches shall be * * * carefully picked and closely

packed in bushel baskets or crates of four or six basket capacity.

Choice or No. 1 peaches shall be * * * carefully picked and

closely packed in bushel baskets or crates of four or six basket

capacity. * * * The standard peach packs for six-basket crate shall be eight in

number; namely, 72's, 96's, 138's, 162's, 180's, 216's, 270's and

324's. * * * All packages must be filled tight, in all layers from bottom to top,

and extend approximately 1 inch above the top rim or edge of the

package, whether it be a bushel basket, crate basket, or box. * * * The standard orange packs shall be eight in number ; namely, 96's, 126's, 150's, I76's, 200's, 216's. 252's, 288-s. * *

* The standard satsimia and tangerine packs shall be seven in

number; namely, 90's, 106's, 120's, 168's, 196's, 216's, 224's. * *

* The standard grapefruit packs shall be seven in number; namely,

28's, 36's, 46's, 54's, 64's, 80's, 96's. * * * In the enforcement of the above standards of grade and pack, an

allowance may be made of not exceeding ten per cent difference

in size between tlie fruit on top and in the interior of the package.

A variation of not more than three per cent of actual count may be

made in the number of any kind of fruit prescribed for each particular pack.

Sec. 114 (al918). Beans, size of packages; Texas Bartlett pears, how

packed; packs defined,—* * * All beans are to be packed in hamper weighing, when packed, not less than 17 pounds net weight

for one-half bushel hamper, and 34 net weight for one bushel. * * * Fruit [pears] shall be tightly packed in clean standard boxes, one end stamped with the grade, number of pears, name of and post

office of packer.

" Four tier " shall be packed in four laj^ers. Minimum pack 120

pears to the box.

Five tier " shall be packed in six laj^ers. Minimum pack 135,

maximum pack 180 pears to box.

" Six tier " shall be packed in six layers, containing 216 pears to the box, or in five layers containing 195 or 210 to the box, but will be

considered " six tier." * * *

Sec. 116 (al919). Allowance for shrinkage and dirt on potatoes.

* * * Three per centum by weight shall be allowed on all Texas

grown new potatoes, for natural shrinkage. In instance where

dirt adheres to the potatoes a fair and reasonable estimate by weight,

of such dirt, shall be made and deducted from the gross weight of

the potatoes and dirt, which estimate may be made by removing and

weighing the dirt from three or more samples of not less than fifty

pounds each, that, when taken together, represents the average conditions of the potatoes.

All potato containers must have som.e mark or brand showing the name and post-office address of the grower or shipper.

* * * * * * * Terms defined : " Diameter " means the greatest dimensions at right angles to the longitudinal axis.

Sec. 118 (1917). Enforcement of act and promulgation of rules and

regulations.—The commissioner of agriculture is hereby authorized
TEXAS 807

and empowered to enforce each provision of this chapter, and he

shall promulgate and publish all necessary rules and regulations for

the enforcement of this law, and such other information as will aid

fruit and truck growers and the manufacturers of containers in complying with the provisions of this chapter.

Laws, 1925, ch. 90, p. 264.

Sec. 1. Public weigher; ofl5lce created in certain counties.—That in and

for all counties in this State having a population, according to the

United States census of 1920, of not less than 25,600 people and not more than 25,700 people, there is created the office of public weigher,

whose official headquarters shall be at the county seat of such county

and who shall discharge and perform at the county seat only, all the

duties required by law of any public weigher, and whose qualifications shall be the same as required by law of public weighers elected

in precincts, and who shall appoint a sufficient number of deputies

to enable him to discharge his duties.

Sec. 2. Bond; oath.—Such public weigher shall take the oath re- quired by the con.stitution of public officers, and shall give a bond

in the sum of $2,500.00, payable, conditioned and to be approved

as required in cases of bonds of precinct public Aveighers, and shall procure a like certificate of authority from the commissioner of

markets and warehouse. The deputies of such public weigher shall take such oath and give bond in like manner, which bond, however,

shall in the case of such deputies be in the sum of $1,000.00.

Sec. 3. Appointment and term of office.—At the first regular term of

the commissioners' court of such counties, following the passage of

this act, such commissioners' court shall appoint a public weigher

for its county, who shall serve until the next general election when

his successor shall be elected.

Sec. 4. This act shall not be construed to suspend the operation of

the present law, providing for the election of precinct public

weighers, in the counties effected [affected] by this law.

Laws, 1925, ch. 91, p. 265.

Sec. 1. That in and for all counties in this State having a papulation according to the United States census of 1920 not less than

55,700 and not more than 55,800 people, there is created the office of public weigher to be filled by two officers of equal rank, whose

official headquarters shall be in the county seat of such county and

who shall discharge and perform at the county seat only, all the

duties required by law of any public weigher and whose qualui ca- tions shall be the same as required by law of public weighers elected

in precincts, and who shall appoint a sufficient number of deputies

to enable them to discharge their duties.

Sec. 2. Bond; oath.—Each of said public weighers shall take the

oath required by the constitution of public vicighers and give a bond

in the sum of $2,500, payable, conditioned and to be approved as required in cases of bonds of precinct public weighers, and sliall procure a like certificate of authority from the commissioner of

markets and warehouses.

Sec. 3. Appointment and term of office.—Such public weighers shall be elected by popular vote of the entire county as other county offi-
808 LAWS CONCERNING WEIGHTS AND MEASURES

cers. One of said weighers shall fill a place called place No. 1 and

the other shall fill the place called place No. 2. Sec. 4. This act shall not be construed to suspend the operations

of the present law, providing for the election of precinct public

weighers, in the counties affected by this law except precinct in which

the county seat is located, and it shall not disturb the present public

weighers but shall take effect December 1, 1926. Rev. Civil Stats., 1925, Vol. 2, Title 93, ch. 6, p. 1598.

Sec. 5680 (1919). "Public weigher" defined.—Any person engaged

in the business of public weighing for hire, or any person, who shall

weigh or measure any commodity, produce or article, and issue

therefor a weight certificate or weight sheet, which shall be accepted

as the accurate weight upon which the purchase or sale of such commodity, produce or article is based, shall be known as a public

weigher, and shall comply with the provisions of this chapter. The

provisions of this article shall not apply to the owners, managers,

agents or employees of any compress or any public warehouse in

their operation as a warehouseman. This exemption shall not apply

in any manner to any Texas port.

Sec. 5681 (al919). Appointment.—The governor is authorized and

required to appoint five persons as public weighers in every citj

which receives annually one hundred thousand bales of cotton on

sale or for shipment. In all cities and towns Avhich receive as much

as fifty thousand bales of cotton, twenty-five thousand tons of cotton

seed; one hundred thousand bushels of grain or rice, one hundred

thousand pounds of wool ; five thousand barrels of sugar, or any

other commodity in large quantities, it shall be lawful for the governor to appoint a sufficient number of public weighers for such city or town to carefully and accurately weigh all produce tendered for

the pvirpose of weighing for shipment.

Sec. 5682 (1919). Recommendation for appointment.—No man shall

be appointed as such weigher unless he shall receive the indorsement

of the senator and a majority of the representatives from the senatorial district where such appointee would hold such office. Sec. 5683. Election.—In all counties in which there are no city or

cities in which the gOA^ernor is authorized to appoint public weighers,

there shall be elected at each general election a public weigher for

each justice precinct in the manner and form governing the election

of other precinct officers. The commissioners court at the regular

February term preceding the election may unite two or more justice

precincts for the purpose of electing such public weighers.

Sec. 5683a. Office in counties not less than 25,600 population.—^In and

for all counties in this State having a population, according to the

United States census of 1920, of not less than 25,600 people and not more than 25,700 people, there is created the office of public weigher,

whose official headquarters shall be at the seat of such county and

who shall discharge and perform at the county seat only, all the

duties required by law of any public weigher, and whose qualifications shall be the same as required by law of public weighers elected

in precincts, and who shall appoint a sufficient number of deputies

to enable him to discharge his duties.
TESAS 809

(2) Such public weigher shall take the oath required by the constitution of public officers, and shall give a bond in the sum of

$2,600.00, paj'able, conditioned and to be approved as required in cases of bonds of precinct public weighers, and shall procure a

like certificate of authority from the commissioner of markets and

warehouses. The deputies of such public weigher shall take such

oath and give bond in like manner, which bond, however, shall in the

case of such deputies be in the sum of $1,000.00.

(3) At the first regular term of the commissioners' court of such

counties, following the passage of this act, such commissioners' court

shall appoint a public weigher for its county, who shall serve until

the next general election when his successor shall be elected. (4) This act shall not be construed to suspend the operation of the

present law, providing for the election of precinct public weighers,

in the counties effected [affected] by this law.

Sec. 6683b. Office in counties having not less than 55,700 population.—

In and for all counties in this State having a population according to the United States census of 1920 not less than .")5,700 and

not more than 55,800 people, there is created the office of public

weigher to be filled by two officers of equal rank, whose official headquarters shall be in the county seat of such county and who

shall discharge and perform at the county seat only, all the duties

required by law of any pviblic weigher and whose qualifications shall

be the same as required by law of public weighers elected in precincts,

and who shall appoint a sufficient number of deputies to enable

them to discharge their duties.

(2) Each of said public weighers shall take the oath required

by the constitution of public weighers and give a bond in the sum

of $2,500, payable, conditioned and to be approved as required in

cases of bonds of precinct public weighers, and shall procure a

like certificate of authority from the commissioner of markets and

warehouses.

(3) Such public weighers shall be elected by popular vote of the

entire county as other county officers. One of said weighers shall

fill a place called place No. 1 and the other shall fill the place called

place No. 2. (4) This act shall not be construed to suspend the operations

of the present law, providing for the election of precinct public

weighers, in the counties affected by this law except precinct in which

the coimty seat is located, and it shall not disturb the present, public

weighers but shall take effect December 1. 1926.

Sec. 5684. ftualifications of weig-her.—No person shall be appointed

or elected public weigher unless he is a qualified voter in the city or

precinct for which he is apjiointed or elected and is of a good moral

character and unquestioned integrity. He shall have a fair education

and be able to keep an accurate set of books as required by this law.

No person shall be appointed or elected public weigher, or deputy

public weigher who is interested in the buying or sale of cotton, wool,

sugar or grain to be weighed, either as principal, agent, factor,

commission merchant or employee.

Sec. 5685. Term and removal.—AH public weighers appointed by the

governor or elected for any precinct shall hold their office for the

term of two years.
810 LAWS CONCERNING WEIGHTS AND MEASUBES

Sec. 5686. Abolishing elective office. —When the people of any subdivision of a county that has an elective weigher may wish to abolish

said office of public weigher, the commissioners court of said county

shall, upon petition to abolish said office signed by qualified voters

at least one-third in number of the whole vote cast for governor at the last preceding election in the weigher's precinct, order an elec- tion to decide whether such office of public weigher of the subdivision

named in the petition, shall be abolished or not. Said election shall be held in the same manner as other elections. If a majority of the

votes of the subdivision of the county ordering said election shall be cast in favor of abolishing any office of public weigher, the commissioners court shall declare such office to be abolished within thirty

days after the election; and another election for this purpose shall not be held for two years.

Sec. 5687. Bond of appointed weigher.—Every public weigher appointed by the governor, shall file a bond payable to the State of

Texas in the sum of five thousand dollars, conditioned that he will

accurately weigh, or measure all produce tendered to him for weighing or measuring, and that all certificates of weights issued by him

shall represent a true and accurate weight of the produce so weighed

and that he will comply with the laws governing public weighers,

and that he will not permit any one to molest, mutilate or destroy

any article, produce or commodity while in his possession. Such

bond shall not be void on first recovery, but may _be sued on by any

person injured by such public weigher. All bonds given by such

public weighers or their deputies shall be subject to approval by the

commissioner of markets and warehouses.*

Sec. 5688 (1903). Bond of elective weigher.—Each public weigher

elected for a precinct shall execute a bond payable to the county

judge in the sum of five thousand dollars to be approved by the

conamissioners court, conditioned upon the faithful and impartial

performance of the duties of his office. The bond of a weigher for

a precinct where not over five thousand bales of cotton are received

for sale or shipment shall be two thousand five hundred dollars.

Sec. 5689. Filing bond and oath of office.—Each public weigher,

whether elected or appointed, before entering upon his duties as such,

shall take and subscribe to the official oath and file said oath and his

bond with the county clerk of the county in which he resides.

Sec. 5690 (1919). Certificate of authority.—All public weighers or deputy public weighers, appointed or elected shall obtain from the

commissioner of markets and warehouses ^ a certificate of authority

to carr}^ on the business of public weigher or deputy public weigher

within the city, town, precinct or shipping point for which he was

elected or appointed.

Sec. 5691 (1921). Deputy weighers.—Each public weigher, appointed

or elected, shall have the right, and it shall be his duty to appoint

a sufficient number of de2?uties in each precinct, to weigh all produce

tendered for the purpose of weighing, at any and all points within

such precinct. He shall require of each of said deputies to file a bond

in the penal sum of one thousand dollars, under the same terms and

' The office of commissioner of markets and warehouses was abolished and the duties vested in the commissioner of agriculture by Laws, 1925, ch. 13.

^ See note, p. 791.
T^XAS 811

conditions as the bond which he filed with the commissioners court

of the county in which he resides, before he shall be permitted to engage in the business of deputy public weigher ; such bond so filed, shall be payable to the State of Texas, and shall be subject to the

approval of the commissioners court of the county in which he resides, and certified to the commissioner of markets and warehouses,

before such deputy public weigher shall be entitled to engage in

the business of public weighing. Such public weigher shall have the

right to appoint a sufficient number of deputies to serve at will of

the public weigher, to aid him in weighing or measuring any com- modity that is tendered to him for weighing.

Sec. 5692. Special weighers.—In all counties of this State in which

there are two or more cities, towns or shipping points that receive

as much as fifty thousand bales of cotton, or twenty-five tons

of cotton seed, or one hundred thousand bushels of grain, or two

hundred thousand bushels of rice, or one hundred thousand pounds of

wool, or five thousand barrels of sugar, or any other commodity in

large quantities, it shall be lawful for the governor to appoint a

sufficient number of weighers for such county to carefully and ac- curately weigh all commodities tendered for the purpose of weighing

for shipment, sale or purchase. This article shall not apply to Galveston and Neuces Counties. All such appointments shall be made

by the governor on the recommendation of the senator from whose

senatorial district such appointment is made, together with a majority of the representatives in the legislature from such senatorial

district. No man shall be appointed unless he shall receive the en- dorsement of the senator and a majority of the representatives from

such district. Every public weigher so appointed shall file a bond

payable to the State of Texas, in the sum of five thousand dollars,

conditioned that he will accurately weigh, or measure, all commodities tendered to him in said county for weighing or measuring, and

that all certificates of weight issued by him shall represent a true and accurate weight of such produce so weighed, and otherwise complying with the law governing the conditions of bonds required of

public weighers. Such bond so given shall not be void upon first recovery but may be sued on successiA^ely by any and all persons who

are injured by such public weigher. Such public weigher shall have

the right to appoint a sufficient number of deputies to aid him in

weighing or measuring any commodity that is tendered to him for

weighing. All bonds given by such public weighers or their deputies

shall be subject to the approval of the commissioner of markets and

warehouses, and all bonds and oaths of such public weighers or their

deputies shall be filed with said commissioner.

Sec. 5693 (1919). Must comply with law.—No one shall be allowed

to pursue the business of weighing for the public or grant a certifi- cate or weight sheet upon which a purchase or sale is made unless

he comply with the provisions of this chapter.

Sec. 5694 (1917). Commissioner to supervise.—All public weighers in

this State as provided for in this chapter, shall be under the supervision of the conunissioner of markets and warehouses and all weights

made by them shall be subject to his approval. In any case where

any discrepancy arises as to weights or measures of cotton or other

• See note, p. 791.
812 LAWS CONCEENING WEfOHTS AIST) MEASTJEES

farm products, made between public weighers in different sections

of this State, or between public and private weighers, the difference

shall be subject to review by the commissioner; and any party who

may be dissatisfied with the weights or measures of any public or private weigher, may appeal to the commissioner, and have such cot- ton or other farm products re-weighed or re-measured, for the purpose of ascertaining and deciding the correct weight and measure

thereof. The scales of all public and private weighers weighing

cotton and other products shall at all reasonable times be subject to inspection by the commissioner, or liis duly authorized representative. Compliance with this article shall be absolute prerequisite to the right to institute and maintain any action concerning the subject

matter hereof, in any court of this State. The authority herein con- ferred upon the commissioner, to review the weights, shall not be con- strued as in any manner affecting the selection of public weighers

or of fixing the charge to the public of such public weighers.

Sec. 5695. Duty of commissioner.—The commissioner of markets

and warehouses ' shall issue a certificate of authority to all persons

engaged in the business of weighing for the public; carefully and

accurately test all scales, weights, beams and measures, used by such

public weighers at least once every twelve months, and charge such

public weigher a fee of five dollars for such inspection, which fee

shall be paid, by the commissioner into the State treasury; such

inspection fee to be collected at the time of the certificate of authority

is issued to any public weigher or deputy public weigher in this State,

and such fee shall be collected annually thereafter from all persons

engaged in the business of jDublic weigher.

Sec. 5696. Weight certificates.—The commissioner shall prescribe

the form of weight certificate to be used by all public weighers in

this State, which certificate shall be known as a State certificate of

weights and measures. Such certificate shall state thereon the kind

of produce; the number of same, the date of the receipt of the

produce, the owner, agent, or consignee, the total weight of the

produce, the vessel, railroad, or other means by which the produce was received, and any trade or other mark thereon ; and such other

information as may be necessary to distinguish or identify the produce from a like kind. No certificate other than the one herein

prescribed shall be used by any public weigher in this State, and

such certificate when so made and properly signed, shall be prima

facie evidence of such weight. All certificates of weights and measures or weight sheets as provided for in this chapter shall contain

the accurate and correct weight of any and all commodities weighed

when issued by public weighers.

Sec. 5697. Seal.—Every public weigher in this State shall provide

himself with a seal, consisting of a star of five points, and shall have

inscribed on the outer margin thereof the words, " Public weigher,

Precinct No. , County, Texas," or " Public weigher,

city, Texas," which seal shall be impressed upon each weight certifi- cate issued by such public weigher, or deputy pviblic weigher, on all weight sheets made out by them.

Sec. 5698. Record of weights.—All public weighers shall keep and

preserve in a well-bound book a correct and accurate record of all

'See note, p. 791.
TEXAS 813

weights by them, as provided in this chapter, which record shall at

all times be open for inspection to the public and to the commissioner

of markets and warehouses, his deputies or inspectors. Such record

shall be uniform throughout the State, and the form of such record

shall be prescribed by the commissioner.

Sec. 5699. Piled or stored separately.—All amounts, lots, or shipments or consignments of produce, after liaving been weighed, shall be piled or stored separately as nearly as can be, in order that

amounts, lots, shipments or consignments, may be distinguished from

other lots, shipments, or consignments of like kind.

Sec. 5700. To tag or mark article.All public weighers in weighing

any commodity, produce, or article, shall immediately tag or mark

such commodity, produce or article that has been weighed by him so as to distinguish same from that which has not been weighed.

Sec. 5701. Reweighing.—When any doubt or difference arises as to the correctness of the net or gross weight of any amount, or a part

of a commodity, produce or article, for which a certificate of weight

or measure has been issued, as provided in this State, by the public

weigher, the owner, agent or consignee, may, upon complaint to the

commissioner of markets and warehouses,* have said amount, or part

of any commodity, produce or article reweighed by the commissioner,

or his deputy, or by a public weigher designated by the commissioner

by depositing with the commissioner sufficient money to defray the

cost of reweighing such article or commodity. If on reweighing, it is discovered that fraud or carelessness, or any faulty weighing apparatus was the cause of a discrepancy in weights, the cost of re- weighing shall, in all instances, be borne by the public weigher who

issued the weight sheet or weight certificate.

Sec. 5702. Suspension or dismissal.—Whenever any public weigher,

or deputy public weigher appointed or elected under the provisions

of this chapter shall be guilty of malfeasance in office, or who is grossly incompetent in the performance of his duties, he shall be

subject to suspension or dismissal from office by the commissioners

court of the county in which he resides, or by the governor, should he

be appointed by the governor. In all cases it shall be the duty of the

commissioner of markets and warehouses, Ho file with the commissioners court or the governor the specific charges alleging malfeasance, misfeasance, dishonesty or incompetency or other cause. Such case may be set down for hearing not less than ten nor more

than thirty days from the filing of such charges. The accused shall be furnished a copy of such charges and be notified of the date set for hearing of his case. He shall have the right to be represented by

an attorney, to introduce evidence in his own behalf, and to have

compulsory process for witnesses and the production of records. If

he is found guilty, the commissioners court or governor shall immediately discharge him as a public weigher : Provided, He may have the

right of appeal to the district court of his county or to the district court of Travis County.

Sec, 5703. Factor or commission merchant.—It shall not be lawful

for any factor, commission merchant, or other person or persons, to employ any other than a public weigher, or his deputies to weigh

* See note, p. 791.
814 LAWS CONCEENING WEIGHTS AND MEASURES

cotton, wool, sugar, hay, or grain, or other produce, sold or offered

for sale in any city or justice precinct having a public weigher duly

qualified. Whoever violates any provision of this article shall m

liable at the suit of the public weigher to damages in any sum not

less than five dollars for each bale of cotton, bale or sack of wool,

ton of hay, or ton of grain, so unlawfully weighed.

Sec. 5704 (1905). Owner may weigh, etc.—Nothing in this chapter

shall prevent any person, firm or corporation from weighing his own

cotton, wool, sugar, hay, grain or pecans in person. In places where

there are no public weighers appointed or elected, any person who

shall weigh cotton, wool, sugar, grain, hay, or pecans for compensation shall be required before weighing such produce to enter into a bond for twenty-five hundred dollars approved and payable as in

case of public weighers referred to in this chapter, and conditioned

that he will faithfully perform the duties of his office and turn over

all property weighed by him on demand of the owner. This article

shall not apply to merchant flouring mills. Rev. Civil Stats., 1925, Vol. 2, Title 86, ch. 2, p. 1476.

Sec. 5295 (1873). Surveyors to establish true meridian, etc.—Each

surveyor shall, in some convenient place at the county seat, establish a true meridian by a substantial monument, to be erected at the

expense of the county, and shall adjust to the said meridian all compasses or other such instruments before being used; and shall keep

in his office a standard chain of the true measurement of ten varas, to which all of his chains shall be adjusted before being used. All sur- veyors shall be responsible to parties interested for any cost that may

accrue in rectifying any errors that may occur in their work by

reason of neglect or failure to comply with the requirements of this

article. Rev. Crim. Stats., 1925, Title 13, ch. 6, p. 195.

Sec. 937 (al919). Oysters; barrel and box; dimensions of box; number

of gallons of shucked oysters to barrel.—There is hereby levied a tax

of not less than one-fifth of one per cent per pound on all fish and shrimp taken and sold or offered for sale in this State, and

not less than two cents a barrel on all oysters sold or offered for

sale * * * -pov all purposes mentioned in this chapter a barrel

of oysters shall be deemed to consist of three boxes of oysters in the

shell, said boxes to be ten inches wide by twenty inches long and

thirteen and one-half inches in depth. In filling such boxes for

measurement, such oysters shall be placed so as not to fill such box more than two and one-half inches in the center above the height of

the box. Two gallons of shucked oysters without their shells shall be deemed equal to one barrel of oysters in the shell. * *

* Sec. 938. Using unlawful measurement for oysters.—Wlioever shall use any measurement other than that established in article 937 for

the measurement of oysters in the purchase and sale of oysters,

shall be fined not less than ten and not more than twenty-five dollars,

and any person who shall fill the measuring box, in the buying and

selling of oysters, higher than two and one-half inches in the

center of such box, shall be fined not less than ten nor more than

twenty-five dollars.
TEXAS 815

Kev. Crim. Stats., 1925, Title 17, ch. 13, p. 326.

See. 1489 (1905). Feeding stuffs, how marked.—Every lot or parcel

of feeding stuffs, used for feeding farm live stock, sold, offered or exposed for sale in this State, for use within the State, shall have

attached a tag described in article 1492, carrying a plainly printed

statement clearly and truly certifying the number of net pounds

of feeding stuff in the package. * *

*

Rev. Civ. Stats., 1925, Vol. 1, Title 60, p. 1036.

See. 3881°. Weights of feeding stuffs.—Feeding stuff shall have the

following standard net weights per sack or container : One hundred

poimds, or the following fractions thereof, three-fourths, one-half,

one-fourth, one-sixth, one-eighth, one-tenth, one-twelfth, one-sixteenth, and one-twentieth; and rice bran may also be sold in sacks

of one hundred and forty-three poimds. No tax tags shall be issued

for any feeding stuff which does not conform to the weights herein

prescribed. Rev. Civil Stats., 1925, Vol. 1, Title 4, ch. 5, p. 29.

See. 94 (1911). Net weight to be stamped on fertilizers.—All corporations, firms, or persons, before selling or offering for sale any commercial fertilizer for use within this State, shall brand or attach to each bag, barrel or package a plainly printed statement, showing the

brand or name of said fertilizer, the net weight of the contents of the

package, the name and address of the corporation, firm or person

registering said fertilizer * * *, All branding or labeling must

be durable and legible, and so placed and arranged as to be easily read.

See. 106. Weight of bags or packages; weight, how ascertained; penalty for failure to make good deficiency, etc.—All fertilizers or fer- tilizing materials sold or offered for sale for use within this State

shall be in bags or packages of one hundred pounds net weight,

except as provided in the preceding article [sec. 105].^ The weight

of fertilizers shall be ascertained by the inspectors of the State

chemist before drawing a sample, or by the purchaser within ten days of delivery to him, in the presence of at least two disinterested

witnesses, one chosen by the purchaser and the other by the manufacturer, and the purchaser shall within five days notify the manufacturer to make good the deficiency. Upon failure of the manufacturer to do so within twenty days thereafter he shall be liable to

a penalty of three dollars for each sack, barrel or package, which

immediately attaches and becomes recoverable by the State, one-half

of the penalty so received to be paid to the purchaser in case of a

sale. If any such manufacturer shall refuse, decline or neglect to be present or to choose a witness within six days as herein provided

after having been notified or requested in writing by the purchaser

so to do, then he shall have forfeited his right to do so and the purchaser may select two witnesses who shall select a third, and the

three shall proceed to ascertain said weight.

Rev. Civil Stats., 1925, Vol. 2, Title 128, ch. 1, p. 2170.

Sec. 7538 (1917). Measurement of flowing water.—A cubic foot of

water per second of time shall be the standard unit for the measure-

• Sec. 105 refers to sale of fertilizer in bulk 517—27 52
816 LAWS CONCERNING WEIGHTS AND MEASURES

ment of flowing water for the purpose of distributing water for

beneficial uses.

Sec. 7539. Standard unit.—The standard unit for volume of static water shaU be the acre-foot.

Sec. 7540. Quantity of water.—A cubic foot per second of time is the

quantity of water that will pass through an area of one square foot

in one second, when flowing at an average velocity of one foot per

second.

Sec. 7541. Acre-foot defined.—^An acre-foot is the quantity of water

required to cover one acre one foot deep. Rev. Civil Stats., 1925, Vol. 2, Title 95, Div. 2, p. 1669.

Sec. 5912 (1907). Coal scales.—The owner or operator of every coal

mine shall provide adequate and accurate scales for weighing coal;

the mine inspector shall examine such scales, and if same are not

found to be accurate, he shall notify the owner to repair same; and

if such owner fails or refuses to repair same within a reasonable

time, said inspector shall institute proceedings under the law against

the proper parties.

Sec. 5913. Checkweighman.—The employees in any mine shall have

the right to employ a checkweighmen [checkweighman] at their own

option and their own expense.
UTAH

Comp. laws, 1917, Title 115, p. 1215.

Sec. 6276 (1915). U. S. standard adopted.—The weights and measures

received from the United States under a resolution of Congress

approved June 14th, 1836, and such new weights and measures as

shall be received from the United States as standard weights and

measures in addition thereto or in renewal thereof, and such as shall be supplied by the State in conformity therewith, and certified by

the National Bureau of Standards, shall be the State standards of

weights and measures.

Sec. 6277. Office and working standards; verification; use.—In addition to the State standards of weights and measures, provided for

above, there shall be supplied by the State at least one complete set of copies of these, to be kept at all times in the office of the State

superintendent, and to be known as office standards; and such other

weights, measures and apparatus as may be found necessary to carry

out the provisions of this title, to be known as working standards.

Such weights, measures, and apparatus shall be verified by the State

superintendent, or his deputy or inspector, at his discretion, upon

their initial receipt, and at least once in each year thereafter, the

office standards by direct comparison with the State standards, the

working standards by comparison with the office standards. When

found accurate upon these tests the office and working standards

shall be certified to by the superintendent. The office standards shall

be used in making all comparisons of weights, measures, and weighing or measuring devices submitted for test in the office of the superintendent, and the State standards shall be used only in verifying the

office standards and for scientific purposes.

Sec. 6278, as amended by Laws, 1921, ch. 142, p. 387. State superintendent of weights and measures; deputy and inspectors.—The State

commissioner of agriculture shall be ex officio superintendent of

weights and measures. There shall be a deputy superintendent of

weights and measures and inspectors of weights and measures, the

deputy and inspectors to be appointed by the superintendent. The

superintendent of weights and measures shall be allowed, for salaries

for the deputy superintendent of weights and measures, inspectors

of weights and measures, clerical services, traveling and contingent

expenses for himself, his deputy, and inspectors, such sums as shall be appropriated by the legislature.

Sec. 6279 (1915). Superintendent and deputy to give bonds; terms.—

The State superintendent of weights and measures shall forthwith, on his appointment, give a bond in the penal sum of $2,000, with

sureties to be approved by the secretary of state, for the faithful

performance of the duties of his office and for the safe keeping of

the standards entrusted to his care, and for the surrender thereof

immediately to his successor in office or to the person appointed by

817
818 LAWS CONCEKNING WEIGHTS AND MEASUKBS

the governor to receive them. The deputy superintendent of weights

and measures, and each inspector of weights and measures shall

forthwith, upon his appointment, give a bond in the penal sum of

$1,000, with sureties to be approved by the secretary of state, for the

faithful performance of the duties of his office and for the safe

keeping of any apparatus entrusted to his care.

Sec. 6280. Custody and care of standards; duty of superintendent;

report.—The superintendent of weights and measures shall take

charge of the standards adopted by this title as the standards of the

State, and cause them to be kept in a fireproof building belonging

to the State (or in a safe and suitable place in the office of the superintendent) , from which they shall not be removed except for repairs or for certification, and he shall take all other necessary precautions

for their safe-keeping. He shall maintain the State standards in

good order, and shall submit them at least once in ten years to the

National Bureau of Standards for certification. He shall keep a complete record of the standards, balances, and other apparatus belonging to the State, and take a receipt for same from his successor

in office. He shall biennially, on the 15th day of December, make

to the governor a report of all work done by his office. Sec. 6281. Tests of city standards; biennial inspections.—The superintendent of weights and measures, or his deputy or inspectors at his discretion, shall, at least once in five years, try and prove by the

office standards all standard weights, measures, and other apparatus

which may belong to any city required to appoint a sealer and purchase and keep standards of weights and measures by the provisions

of this title, and shall certify to such when found to be accurate. The State superintendent, or his deputy or inspectors at his direction, shall, at least once in two years, visit these cities for the

purpose of inspecting the work of the local sealers, and in the per- formance of such duties they may inspect the weights, measures,

balances, or any other weighing or measuring device of any citizen,

firm, or corporation, and shall have the same powers as the local sealer of weights and measures. The superintendent shall issue from

time to time regulations for the guidance of city sealers, and the said

regulations shall govern the procedure to be followed by the aforesaid officers in the discharge of their duties.

Sec. 6282. General supervision; inspection at State institutions.—The

State superintendent of weights and measures shall have and keep a general supervision of the weights and measures, and weighing or measuring devices offered for sale, sold, or in use in the State. He,

or his deputy or inspectors, at his direction, shall, at least once annually, test all scales, weights, and measures used in checking the

receipts or disbursements of supplies in every institution for the

maintenance of which moneys are appropriated by the legislature,

and he shall report in writing his findings to the supervisory board

and to the executive officer of the institution concerned, and, at the

request of such board or executive officer, the superintendent of

weights and measures shall appoint in writing one or more employes

then in actual service of the institution, who shall act as special

deputies without extra compensation, for the purpose of checking

the receipts or disbursements.
UTAH 819

Sec. 6283. General powers and duties of superintendent; annual inspections.—When not otherwise provided by law, the State superintendent

shall have the power, and it shall be his duty in those parts of the

State in which a city sealer is not required to be appointed by the

provisions of this title, to inspect, test, try, and ascertain if they are

correct, all weights, measures and weighing or measuring devices

kept, ojQtered, or exposed for sale, sold, or used or employed by any

proprietor, agent, lessee, or employee, in proving the size, quantity,

extent, area, or measurement of quantities, things, produce or articles for distribution or consumption, purchased or offered or submitted by such person or persons for sale, hire, or award; and he

shall have the power to, and shall from time to time weigh or measure and inspect packages or amounts of commodities of whatsoever

kind kept for the purpose of sale, offered for sale, or sold in a manner

in accordance with law. He shall, at least once each year and as much oftener as he may deem necessary, see that all weights, measures, and weighing or measuring devices used are correct. He may,

for the purpose above mentioned, and in the general performance of

his official duties, enter and go into or upon, and without formal

warrant, any stand, place, building, or premises, or stop any dealer

whatsoever, and require him, if necessary, to proceed to some place

which the State superintendent may specify, for the purpose of

making the proper tests. Whenever the State superintendent finds a violation of the statutes relating to weights and measures, he shall cause the violator to be prosecuted.

Sec. 6284. Correct standards to be sealed.—Whenever the State superintendent compares weights, measures, or weighing or measuring in- struments and finds that they correspond, or causes them to corre- spond with the standards in his possession, he shall seal or mark

such weights, measures, or weighing or measuring instruments with

appropriate devices.

Sec. 6285. Incorrect standards to be condemned; may be confiscated,

when.—The State superintendent shall condemn and seize and may

destroy incorrect weights, measures, or weighing or measuring devices which in his best judgment are not susceptible of satisfactory

repair; but such as are incorrect and yet may be repaired, he shall mark or tag as " condemned for repairs." The owner or user of any

weights, measures, or weighing or measuring devices of which such

disposition is made shall have the same repaired or corrected within

ten days except upon satisfactory showing the superintendent may

extend such time, and they may neither use nor dispose of the same

in any way, but shall hold the same at the disposal of the superintendent. Any weights, measures, or weighing or measuring devices

which have been "condemned for repairs," and have not been re- paired as required above, shall be confiscated by the superintendent.

Sec. 6286. Powers and duties of deputy and inspectors.—The powers

and duties given to and imposed upon the State superintendent of

weights and meavSures by sections 6283-6285 are hereby given to and

imposed upon his deputy and inspectors also, when acting under his

instructions and at his direction.

Sec. 6287. City sealer; appointment; salary; deputies.—There shall be

a city sealer of weights and measures in cities of not less than twenty-
820 LAWS CONCERNING WEIGHTS AND MEASURES

five thousand population, according to tlie latest official State or United States census, to be appointed b}' the mayor and city commission. He shall be paid a salary, to be determined by the mayor

and city commission, and no fee shall be charged by him or by the

city for the inspecting, testing, or sealing, or the repairing or adjusting of weights, measures, or weighing or measuring devices.

Whenever the mayor and citj^ commission shall deem it necessary, one or more deputj' sealers of weights and measures may be appointed and their salarj'^ fixed as above. All deputies appointed,

shall have the same powers, and may perform the same duties as the city sealer, when acting under his instructions and direction.

Sec. 6288. Bond of city sealer.—The city sealer of weights and measures shall forthwith, on his appointment, give a bond in the penal

sum of $1,000, with sureties to be approved by the appointing power,

for the faithful performance of the duties of his office. Sec. 6289. City standards; custody.—The mayor and city commission

of each city required to appoint a sealer under the provisions of this

title shall procure at the expense of the tity, and shall keep at all times, a set of weights and measures and other apparatus as complete and of such materials and construction as the said superintendent of weights and measures ma}^ direct. All such weights, measures, and other apparatus, having been tried and accurately

proven hj the State superintendent, shall be sealed and certified to hj him as hereinbefore provided, and shall be then deposited with

and preserved by the city sealer as public standards for each city.

Sec. 6290. Powers and duties of city sealer.—Where not otherwise

provided by law, the city sealer shall have the same powers and shall perform the same duties within his city as are granted to and imposed upon the State superintendent of weights and measures by

sections 6283-6285.

Sec. 6291. Records; report.—The city sealer shall keep a complete

record of all of his official acts, and shall make an annual report,

duly sworn to, on the 30th day of November, to the State superintendent of weights and measures, on blanks furnished by the latter; and also, any special reports that the latter may request.

Sec. 6292. Police pov/ers of inspectors and sealers.—The superintendent of weights and measures, his deputy and inspectors, and the city sealers and deputy sealers of weights and measures, are hereby made

special policemen, and are authorized and empowered to arrest, with- out formal warrant, any violator of the statutes in relation to weights

and measures, and to seize for use as evidence, without formal warrant, any false or unsealed weight, measure, or Aveighins or measuring device or package or amount of commodity found to be used,

retained, or offered or exposed for sale or sold in violation of law.

Sec. 6293. Unlawfxxl interference; penalty.—Any person who shall hinder or obstruct in any way the superintendent of weights and

measures, his deputy or inspectors, or any city sealer or deputy

sealer of weights and measures, in the performance of his official duties, shall be guilty of a misdemeanor, and upon conviction thereof

in any court of competent jurisdiction, shall be punished by a fine of

not less than $20.00 or more than $200.00, or by imprisonment in the

county jail for not more than three months, or by both such fine and

imprisonment.
UTAH 821

Sec, 6294. Misrepresentation; use of counterfeit seal; penalty.—Any

person who shall impersonate in any way the superintendent of

weights and measures, his deputy or inspectors, or any city sealer or deputy sealer of weights and measures, by the use of his seal or

counterfeit of his seal, or otherwise, shall be guilty of a misdemeanor, and, upon conviction thereof in any court of competent

jurisdiction, shall be punished by a fine of not less than $100.00, and

imprisonment not more than one year, or by both such fine and imprisonment.

Sec. 6295. Unlawful to sell coal, etc., except by weight measure;

record.—It shall be unlawful to sell or offer to sell any coal, coke, or charcoal in any other manner than by weight. It shall be unlawful

for any person to deliver any coal, coke, or charcoal without each

such delivery being accompanied by a delivery ticket and a duplicate

thereof, on each of which shall be in ink or other indelible substance, distinctly expressed in pounds, the gross weight of the load,

the tare weight of the delivery vehicle, and the quantity or quantities

of coal, coke, or charcoal contained in the vehicle used in such deliveries, with the name of the purchaser thereof, and the name of

the dealer from whom purchased. One of these tickets shall be sur- rendered to the State superintendent, his deputy or inspectors, or a

city sealer or deputy sealer of weights and measures, upon his demand for his inspection, and this ticket or weight slip issued by him

when he desires to retain the original shall be delivered to the said

purchaser of said coal, coke, or charcoal, or his agent or representative, at the time of the delivery of the fuel ; and tke other tickets shall be retained by the seller of the fuel. When the buyer carries away

the purchase, a delivery ticket showing the actual number of pounds

delivered to him must be given to him at the time the sale is made.

Sec. 6296. Measurement of food products in packages; net contents to be marked; proviso; package defined.—It shall be unlawful to keep for

the purpose of sale, or sell, or offer or expose for sale, any food

products in package form, unless the net quantity of the contents be

plainly and conspicuously marked on the outside of the package, in

terms of weight, measure, or numerical count : Provided^ however^

That reasonable variations or tolerances shall be permitted, and that

these reasonable variations or tolerations and also exemptions as to small packages shall be established by rules and regulations made

by the dairy and food bureau: And provided, further, That this

section shall not be construed to apply to those commodities in packa,ge form, the manner of the sale of which is specifically regulated by

the provisions of other sections of this title. The word package,

as used in this section, shall be construed to include the package,

carton, case, can, box, barrel, bottle, phial, or other receptacle put up

by the manufacturer; or, when jDut up prior to the order of the

commodity, by the vendor, which maj^ be labeled, branded, or stenciled, or otherwise marked, or which may be suitable for labeling,

branding, or stenciling, or marking otherwise, making one complete

package of the commodity. The word " package " shall be con- strued to include both the wholesale and the retail package, with the

exception of shipping cases when contents are properly marked.

Sec. 6297. Dry goods; net amount to be marked; definition.—It shall be unlawful to keep for the purpose of sale, offer or expose for sale,
822 LAWS CONCERNING WEIGHTS AND MEASUEES

or sell any commodity composed in whole or in part of cotton, wool,

linen, or silk, or any other textile material on a spool or similar

holder, or in a container or band, or in a bolt or roll, or in a ball,

coil, or skein, or in any similar manner, imless the net amount of

the commodity in terms of weight or measure shall be definitely,

plainly, and conspicuously marked on the principal label, if there

be such a label; otherwise, on a wrapping, band, or tag attached

thereto. Tlie words " spool or similar holder, container, or band,

bolt, or roll, or ball, coil, or skein," shall be construed to include the

spool or similar holder, container or band, bolt or roll, or ball, coil or skein put up by the manufacturer; or when put up prior to the

order of the commodity, hj the vendor. It shall be held to include

both the wholesale and the retail package.

Sec. 6298. Sale of butter and oleomargarine; sizes of packages; net weight to show.—It shall be unlawful for any person to sell, or offer to sell, any butter or renovated or process butter or oleomargine in

an}^ other manner than by weight. It shall be unlawful for any

person to put up, xoack, or keep for the purpose of sale, offer or expose for sale, or sell any butter, or renovated or process butter

or oleomargine in the form of prints, bricks, or rolls in any other

than the following sizes, to wit : One-quarter pound, one-half pound,

one pound, one and one-half pounds, or multiples of one pound.

Each print, brick, or roll shall bear a definite, plain and conspicuous

statement of its true net weight, on the j^rincipal label, where there

be such a label, otherwise on the outside wrapper thereof; such

statement shall be in Gothic type, not less than twelve point. The

prints, bricks, or rolls referred to in this section shall be construed to include those prints, bricks, or rolls put up by the manufacturer or producer; or when put up prior to the order of the commodity by

the vendor.

Sec. 6299. Bread ; labeled to show weight and name of manufacturer.

All bread kept for the purpose of sale, offered or exposed for sale, or sold shall be sold by weight. To each loaf of bread shall be

attached a label jjlainly showing its correct weight and the firm name

of the manufacturer thereof, the size of the label and type to be

used to be specified by the State superintendent of weights and

measures. It shall be unlawful for any person to make or keep for

the purpose of sale, offer or expose for sale, or sell any bread other

than such as shall be in accordance with the provisions of this

section.

Sec. 6300. Measurement of liquid and other commodities; vegetables

and fruit.—It shall be unlawful to sell, except for immediate con- sumption on the premises, liquid commodities in any other manner

than by weight or liquid measure, or commodities not liquid in any

other manner than by measure of length, by weight, or by numerical

count : Provided, Tiowever, That nothing in this section shall be con- strued to prevent the sale of vegetables, fruits, and produce in the

standard barrel^ adopted by the United States Government, or of

berries and small fruit in boxes as provided in section 6301, usually

sold by the head or bunch, in this manner. For the purposes of this

section, the term " commodities not liquid " shall be construed to in-

>See p. 20 for United States law.
UTAH 823

elude goods, wares, and merchandise which have heretofore been sold

by measure of length, by weight, by measure of capacity, or by

numerical count, or which are susceptible of sale in any of these ways.

Sec. 6301. Berries and small fruit; measurement and sale.—It shall be unlawful after the 1st day of August, 1915, to sell or offer to

sell any berries or small fruits in any other manner than by weight,

or in the containers described in this section. It shall be unlawful

to procure or keep for the purpose of sale, offer or expose for sale,

sell or give away any baskets or other open containers for berries or small fruits, holding one quart or less, or to procure or keep for

the purpose of sale, offer or expose for sale, or sell berries or small

fruits in baskets or other open containers, holding one quart or less of any other than the following capacities, when level full; one

quart having a capacity of 67.2 cubic inches and containing not less than twenty-one ounces; one pint having a capacity of 33.6 cubic

inches and containing not less than ten and five-tenths ounces, standard dry measure. It shall be unlawful to use berry cups, boxes,

crates, or sacks a second time as receptacles for fruits or vegetables, or to use unclean or insanitary crates, boxes or sacks. It shall be

unlawful for any dealer or vendor to transfer berries or small fruits

from one container to another, or from the containers in which said

fruits or berries is packed by the producer.

Sec. 6302. Sale by weight; construction,—Whenever any commodity

is sold on a basis of weight, it shall be unlawful to employ any

other weight in such sale than the net weight of the commodity;

and all contracts concerning goods sold on a basis of weight shall be understood and construed accordingly. Whenever the weight of

a commodity is mentioned in this title, it shall be understood and

construed to mean the net weight of the commodity

Sec. 6303. Use of false weights and measures; other violations; penalty.—Any person, who by himself, or by his servant or agent, or as the servant or agent of another person, shall offer or expose for

sale, seU, use in the buying or selling of any commodity or thing

or for hire or award, or retain in his possession a false weight or measure, or weighing or measuring device, which has not been

sealed by the State superintendent or his deputy or inspectors, or by sealer or deputy sealer of weights and measures, within one

year, or shall dispose of any condemned weight or measure, or weighing or measuring device contrary to law, or remove any tag

placed thereon by the State superintendent, or his deputy or in- spectors, or by a sealer or deputy sealer of weights and measures;

or who shall sell or offer or expose for sale less than the quantity

he represents, or shall take or attempt to take more than the quantity

he represents, when as the buj^er he furnished the weight, measure,

or weighing or measuring device by means of which the amount

of commodity is determined; or who shall keep for the purpose

of sale, offer or expose for sale, or sell any commodity in a manner

contrary to law; or who shall violate any provisions of this title for which a specific penalty has not been provided; or who shall

sell or offer for sale, or use or have in his possession for the purpose

of selling or using, any device or instrument to be used to, or cal- culated to, falsify any weight or measure, shall be guilty of a misdemeanor and shall be punished by a fine of not less than twenty
824 LAWS CONCEKNIlirG WEIGHTS AND MBASUBES

dollars or more than two hundred dollars or by imprisonment for

not more than three months, or by both such fine and imprisonment,

upon the first conviction in any court of competent jurisdiction;

and upon the second or subsequent conviction in any court of competent jurisdiction he shall be punished by a fine of not less than

$50.00 or more than $500.00, or by imprisonment in the county jail

for not more than one year, or by both such fine and imprisoiunent.

Sec. 6304. Definition of terms.—The M^ord " person " as used in this

title shall be construed to impart both the plural and singular, as the case demands, and shall include corporations, companies, societies, and associations.

The words " weights, measures, or [and] weighing or [and]

measuring devices " as used in this title, shall be construed to include

all weights, scales, beams, measures of every kind, instruments and

mechanical devices for weighing or measuring, and any appliances

and accessories connected with any or all such instruments.

The words " sell " or " sale " as used in this title shall be construed

to include barter and exchange.

Comp. Laws, 1917, ch. 3, p. 209.

Sec. 570 (al917). General powers of city council.—The boards of

commissioners and city councils of cities shall have the powers in the

following sections enumerated

:

Sec. 570 X 43. Manner of sale.—To provide for the place and the manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables,

and all other provisions, and regulate the selling of the same.

Sec. 570 X 45. Inspection of merchandise.—To provide for the insjiection, measurement, or graduation of any merchandise, manufacture,

or commodity, and to appoint the necessary officers therefor.

See. 570 x 46. Weights and measures ; inspection.—To provide for the

inspection and sealing of weights, measures, computing scales, and

all weighing and measuring devices indicating arithmetical value as well as weight.

Sec. 570 X 47. Same; keeping', enforcement of.—To enforce the

keeping of proper weights, meas'ures, computing scales, and all weighing and measuring deAnces indicating arithmetical vakxes as

Avell as weight.

Comp. Laws, 1917, ch, 2, p. 462,

Sec, 1928 (al913),—* * * That for the purpose of this chapter an article shall also be deemed to be misbranded ; * *

* In case of foods * * *

3. If in package form, the net quantity of the contents be not

plainly and conspicuously marked on the outside of the package in lerms of weight, measure, or numerical count: Provided^ That rea-

.sonable variations and tolerations shall be permitted by rules and

regulations made in accordance with this chapter by the State dairy

find food bureau.

Laws, 1925, ch. 85, p. 185.

Sec. 2. Weight of eggs.—Unless the context otherwise requires, the

words and phrases employed in this act shall have the meanings

hereinafter defined ; * * *
UTAH 825

{h) "Standard size eggs" as used herein refers to eggs weighing

twenty-two ounces or over to the dozen.

(i) " Pullet size eggs " as used herein refers to eggs weighing under twenty-two ounces to the dozen.

Sec. 3. Grades or standards; ruies.—It shall be the duty of the State

board of agriculture to establish forthwith, and from time to time,

grades or standards of quality and size or weight governing the sale of eggs as permitted by this act, and to make suitable rules and regulations for otherwise carrying out its provisions. Such rules, regulations, and standards of quality and weight shall be filed in the

office of the State board of agriculture and shall be in effect thirty

days after such filing.

Sec. 4. ITnlawfiil sale of eggs.—-It shall be unlawful for any person,

firm or corporation to sell or offer or expose for sale any eggs which

are intended for human consumption without notifying by suitable

signs or label the persons purchasing or intending to purchase the same of the exact grade or quality according to the standards pre- scribed by the State board of agriculture, and if these eggs are not

standard sized eggs, they shall be labeled " pullet eggs."

Sec. 6. Effect of guaranty.—No retailer shall be prosecuted under

the provisions of this act when he can establish a guaranty from the

person from whom any eggs are purchased, to the effect that said

eggs at the time of such purchase conformed to the grade or quality

and the size or weight as stated in the invoice: Provided, Said eggs

have been labeled by the retailer for resale in accordance with the

purchase invoice : A^xd provided, further. That said guaranty shall not exempt from prosecution any retailer who may have kept the

eggs, covered by such guaranty, for such time after their purchase

or under such conditions as to cause said eggs to deteriorate into a lower grade or standard.

Sec. 7. Penalty.—Every person who violates any of the provisions

of this act shall be guilty of a misdemeanor, and upon conviction

shall be punished by a fine of not less than twentv-five dollars

($25.00) nor more than one hundred dollars ($100.00)".

Laws, 1919, ch. 39, p. 79.

Sec. 2, as amended by Laws, 1921, ch. 9, p. 35. Net weight to be marked

on commercial feeding stiiff.—Every lot or parcel of commercial feeding

stuffs sold, offered or exposed for sale or distributed within this State

shall have aiRxed thereto a tag (;r label in a conspicuous place on the

outside thereof containing a legible and plainly printed statement

in the English iansuage, clearly and truly certifying:

(a) The net weight of the contents of the package, lot or parcel; * *

* (r) The name and principal address of the manufacturer or dis- tributor of the product. * *

*

Comp. Laws, 1917, ch. 4, p. 974.

Sec. 4813°. Kegulation of car supply and the weighing of cars and

freight ; may test weights and scales.—3. The commission [public utili- ties comm.issLonJ shall also h;;ve power to provide the time within

which bagga<ie shall be received, transported, delivered, and stored.

The commission shall ha\e power to enforce reasonable regulations

for (lie weighing of cais and fi'eight offered for shipment over any
826 LAWS CONCEBNING WEIGHTS AND MEASUEBS

line of railroad, and to test the weights made by any railroad corporation and scales used in weighing freight on cars.

Sec. 4814. Electric, gas, and water companies ; examination and tests.

1. The commission [public utilities commission] shall have power,

after hearing, to ascertain and fix just and reasonable standards,

classifications, regulations, practices, measurements, or service to be

furnished, imposed, observed, and followed by all electrical, gas, and water corporations; to ascertain and fix adequate and serviceable standards for the measurement of quantity, quality, pressure,

initial voltage, or other condition pertaining to the supply of the

product, commodity, or service furnished or rendered by any such

public utility ; to prescribe reasonable regulations for the examination and testing of such products, commodity, or service, and for the

measurement thereof; to establish reasonable rules, regulations, specifications, and standards to secure the accuracy of all meters and appliances for measurements; and to provide for the examination and

testing of any and all appliances used for the measurement of any

product, commodity, or service of any such public utility.

2. The commissioners and their officers and employes shall have

power to enter upon any premises occupied by any public utility,

for the purpose of making the examinations and tests and exercising

any of the other powers provided for in this title, and to set up and

use on such premises any apparatus ond appliances necessary therefor. The agents and employes of such public utility shall have the

right to be present at the making of such examinations and tests.

3. Any consumer or user of any product, commodity, or service of

a public utility may have any appliance used in the measurement

thereof tested, upon paying the fees fixed by the commission. The

commission shall establish and fix reasonable fees to be paid for

testing such appliances on the request of the consumer or user, the fee

to be paid by the consumer or user at the time of his request, but to be

paid by the public utility and repaid to the consumer or user if the

appliance is found defective or incorrect to the disadvantage of the consumer or user, under such rules and regulations as may be pre- scribed by the commission.

Laws, 1919, ch. 26, p. 46.

Sec. 1. Carloads of coal, weighing of.—It shall be unlawful for any

common carrier organized under the laws of this State, or any com- mon carrier doing business within this State, to collect freight

charges from any consignee for coal in carload lots delivered

at any point within the State where railroad track scales are owned

or used or maintained at the point of delivery or in the line of transit

for any weight in excess of the actual weight of the coal delivered

to said consignee ; and in determining the actual weight of such coal,

the common carrier shall be entitled to take the weight of the empty

car, as determined by weighing such car at the point where the coal

is loaded for shipment, and deduct such weight from the gross

weight of the car and coal, as weighed at the point nearest in the line

of transit to the point of delivery of said coal to consignee where

railroad track scales are owned or used and maintained. Such

weighing shall be done within a reasonable time after the arrival

of the car at its destination. No charge shall be made to the con- signee by such common carrier for such weighing. It is further
UTAH 827

provided, that if the difference between the original net weight as determined at the point of shipment and the net weight obtained by

reweighing at the track scales nearest in the line of transit to

destination, does not exceed 200 pounds on a carload of coal, then the

weight determined at the point of shipment shall not be changed.

Sec. 2. Weighman's certificate; when charges due.—Before the payment by the consignee of the freight upon any carload of coal delivered by a common carrier within this State, at a point where track

scales are owned or used or maintained, in the line of transit to, or at, the place of delivery, such common carrier shall deliver to said

consignee a certificate signed by a competent and disinterested weighman, stating the gross weight of the car and the coal contained

therein, as weighed at the track scales nearest in line of transit to, or

at the point of delivery thereof to the consignee, and shall endorse on such certificate the weight of such empty car as determined at the

point where such coal was loaded, and no freight charges for the

transportation of any such coal shall be due or payable until the same has been weighed at the track scales nearest in line of transit to, or at, the point of destination as herein prescribed, and the certificate of the weight thereof given as required by this act. Sec. 3. Violation of act a misdemeanor.—Any common carrier who

shall violate any provision of this act, or who shall collect freight on a carload of coal at a point where railroad track scales are maintained, in the line of transit to, or at, the point of delivery without causing same to be weighed within the time and in the manner

required by this act, shall be guilty of a misdemeanor, and upon

conviction thereof shall be fined in any sum not less than $100.00

and not more than $299.00.

Sec. 4, Repeals.—That sections 1260, 1251 and 1252, Compiled Laws

of Utah, 1917, are hereby repealed.

Cons. Art. 10.

Sec. 11. Metric system to be taught.—The metric system shall be

taught in the public schools of the State. Comp. Laws, 1917, ch. 4, p. 475.

See. 1975 (1911). Use of Babcock test; misdemeanor.—In the use of the

Babcock test, the standard milk measures or pipettes shall have a

capacity of 17.6 cubic centimeters, and the standard test tubes or

bottles for milk shall have a capacity of 2 cubic centimeters for each

10 per cent marked on the necks thereof; cream shall be tested by

weight and the standard unit for testing shall be 18 grams, and it is hereby made a misdemeanor to use any other standards of milk or cream measure where milk or cream is purchased by or furnished to creameries or cheese factories and where the value of said milk or cream is determined by the percentage of butter fat contained in the same or wherever the value of milk or cream is determined by the

percentage of butter fat contained in the same by the Babcock test. * * * Any manufacturer, merchant, dealer, or agent in this State

who shall offer for sale or sell a milk pipette or measure, test tube, or

bottle, which is not correctly marked or graduated as herein provided, shall be guilty of a misdemeanor. It shall be imlawful for

the owner, manager, agent, or any employee of a cheese factory,

creamery, or condensed milk factory to falsely manipulate or under-
828 LAWS CONCEKNING WEIGHTS AND MEASUEES

read or overread the Babcock test or any other contrivance used for

determining the quality or value of milk or cream, or to make any

false determination by said Babcock test or otherwise.

Sec. 1976. Penalty.—Whoever shall violate any of the provisions of

this chapter shall be guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not less than $25 nor more

than $200, or by imprisonment in the county jail for not less than

ten days nor more than thirty days; or by both such fine and imprisonment, at the discretion of the court. Comp. Laws, 1917, cli. 4, p, 741.

Sec. 3464 (al905). Standard of measurement of water.—The standard

unit of measurement of the flow of water shall be the discharge of one cubic foot per second of time, which shall be known as a second

foot ; and the standard unit of measurement of the volume of water

shall be the acre foot, being the amount of water upon an acre cov- ered one foot deep, equivalent to 43,560 cubic feet. Comp. Laws, 1917, ch. 3, p. 836.

Sec. 3930 (1913). Mine owners to provide scales for weighing coal.

The owner, agent, or operator of every coal mine in this State, at which the miners are paid by weight, shall provide at such mines suit- able and accurate scales of standard manufacture for the weighing of

all coal which shall be hoisted or delivered from such mines: Provided^ That when coal is weighed in the miner's car. such car shall be brought to a standstill on the scales before the weight is taken.

Sec. 3931. Weigher to be sworn; record of coal mined.—The owner,

agent, or operator of such mine shall require the person authorized

to weigh the coal delivered from said mine to be sworn before some

person having authority to administer an oath, to keep the scales correctly balanced, to accurately weigh and to correctly record the

gross or screened weight to the nearest ten pounds of each miner's

car of coal delivered from such mine, and such oath shall be kept

conspicuously posted at the place of weighing. The record of the

coal mined by each miner shall be kept separate, and shall be opened

to his inspection at all reasonable hours, and also for the inspection

of all other persons pecuniarily interested in such mine.

Sec. 3932. Miners may furnish checkweighman ; duties and powers.

In all coal mines in this State the miners employed and working

therein may furnish a competent checkweighman at their own ex- pense, who shall at all proper times have full right of access and

examination of such scales, machiner}^, or apparatus, and of seeing

all measures, and weights of coal mined and accounts kept of the same : Provided, That not more than one person on behalf of the

miners collectively shall have such right of access, examination, and

inspection of scales, measures, and accounts at the same time, and

that such persons shall make no unnecessary interference with the use of such scales, machinery, or apparatus. The agent of the miners

as aforesaid shall, before entering upon his duties, make and subscribe to an oath before some officer duly authorized to administer

oaths, that he is duly qualified and will faithfully discharge the

duties of checkweighman. Such oath shall be kept conspicuously

posted at the place of weighing.
UTAH 829

Sec. 3933. Fraudulent weighing a misdemeanor.—Any person, company, or firm having or using any scale or scales for the purpose of

weighing the output of coal at mines so arranged or constructed that

fraudulent weighing may be done thereby, or who shall knowingly

resort to or employ any means whatsoever by reason of which such

coal is not correctly weighed or reported in accordance with the provisions of this chapter; or any weighman or checkweighman who

shall fraudulently weigh or record the weights of such coal, or con- nive at or consent to such fraudulent weighing, shall be deemed

guilty of a misdemeanor.

Sec. 3934. Coal mine inspector to examine scales.—It shall be the duty

of the coal mine inspector, in addition to his other duties, to examine

all scales used at any coal mine in the State for the purpose of

weighing coal taken out of such mine; and on inspection, if found

incorrect, he shall notify the owner or agent of any such mine that

such scales are incorrect; and after such notice it shall be unlawful

for any owner or agent to use or suffer the same to be used, until

such scales are so fixed that the same will give the true and correct weight. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor.

Sec. 3935. Coal cars to be weighed before and after loading; waybill to show both weights; penalty.—It is hereby made the duty of

all persons or corporations engaged in the mining or shipping of coal

from any mine or point within the State of Utah to weigh each

empty car before it is loaded and to note the weight thereof upon

the bill of lading, and to weigh each car after the same is loaded and

to note the weight thereof upon the bill of lading or waybill of the same. Any person or corporation violating the provisions of this

section shall be guilty of a misdemeanor.
VERMONT

General Laws, 1917, cli. 246, p. 1008.

Sec. 5868 (al910). United States standards adopted.—The standards

of weight and measure that have been or may be adopted by the

United States shall be the standards of weight and measure for this

State; and the weights, measures and balances received from the

United States under a resolution of Congress, approved June 14,

1836, and such new weights, measures and balances as shall be re- ceived from the United States as standard weights, measures and

balances in addition thereto, or in renewal thereof, shall be the

authorized standards by which all standards of weights and measures

of this State shall be tried, proved and sealed.

Sec. 5869, as amended by Laws, 1923, Act. 8, p. 18. State commissioner

of industries ex officio commissioner; deputy commissioner.—The commissioner of industries shall, by virtue of his office, be commissioner

of weights and measures. He may appoint a deputy commissioner

and remove him at pleasure and shall be responsible for his acts. A record of such appointment shall be made in the office of secretary

of State.

Sec. 5870, as amended by Laws, 1919, Act JSo. 161, p. 172. Inspectors;

appointment; oath.—Said commissioner may, when necessary, subject to the approval of the governor, appoint inspectors, whose

salaries shall be fixed by the board of control and who shall receive

their actual and necessary hotel and transportation expenses while

away from home on official business. Said inspectors shall be sworn.

Sec. 5871 (al917). Expenses; assistance.—Said commissioner shall be

paid his actual and necessary expenses when away from home on

official business. Said commissioner may, subject to the approval of

the governor, employ such assistance, clerical or otherwise, as the

governor deems necessary for the proper performance of the duties

of said commissioner.

Sec. 5872, as amended by Laws, 1919, Act No. 161, p. 172. Duties of commissioner.—Said commissioner shall take charge of the standards

adopted by the State, cause them to be kept in the capitol building

from which they shall not be removed, except for repairs or for

certification, and take all other necessary precautions for their

safekeeping. He shall maintain such standards in good order and

shall submit them once in ten years to the National Bureau of Standards for certification. He shall inspect the weights, measures and

balances of the several towns, and, once in five years and oftener if necessary, compare the same with those in his possession and seal such as are correct; and, unless otherwise provided by law, he shall

have a general supervision of the weights, measures and weighing

and measuring devices of the State, those in use in the State and those

sold or hired or offered for sale, hire or award in the State. 830
VERMONT 831

Sec. 5873 (al912). Town treasurer's duties.—Each town treasurer

shall provide and keep in repair in his office whatever weights, measures and balances the town directs. Such weights, measures and balances shall not be legal or used by said treasurer as herein

provided, unless proved and sealed as provided in the preceding

section. Said treasurer shall prove and seal weights, measures and

balances presented to him for that purpose, by comparison of the same with the standards in his office, and shall be entitled to receive

from the person presenting the same, ten cents for each article so

sealed and a reasonable compensation for alterations.

Sec. 5874 (al917). Record; powers of commissioner and inspectors to

test weight and measures.—Said commissioner shall keep a complete

record of the standards and other apparatus in his possession, and

take a receipt for same from his successor in office. He and his

inspectors shall have the power to inspect, try, test and ascertain if they are correct, and if so, seal same, all weights, scales, beams, measures of every kind, instruments or mechanical devices for measurement, and the tools, appliances or accessories connected with any

such instruments or measurements used or employed within the State

by a proprietor, agent, lessee or employee in determining -the size,

quantity, extent, area or measurement of quantities, things, produce,

articles for distribution or consumption offered or submitted by

such a person for sale, hire, or award.

Sec. 5875 (1910). Inspection and test; report.—Said commissioner or

his inspectors shall visit the various towns in order to inspect the

work of the town treasurers as sealers; and shall, upon the request

of any citizen, firm, corporation or educational institution of the

State, test or calibrate weights, measures, weighing or measuring

devices and instruments or apparatus usecl as test standards in the

State and shall seal such as are correct. He or his inspectors shall, at least once annually, test all weights, measures and balances used

in checking the receipt or disbursement of supplies in State institutions and shall seal such as are correct, and shall report in wi-iting

his findings to the executive officer of the institution concerned.

Sec. 5876, as amended by Laws, 1919, Act No. 161, p. 172. Examination

of commodities; prosecution.—Said commissioner, his deputy, or his

inspectors may, at irregular intervals, examine commodities sold or

offered for sale and test them for correct weight, measure or count. He, his deputy, or his inspectors, for such purposes and in the general performances of their official duties may, without formal warrant, enter or go into or upon any stand, place, building or premises, and may stop any vendor, peddler, junk dealer, coal wagon or

coal truck, ice wagon or ice truck or any dealer whatsoever, for

the purpose of making proper tests; and in exercise of their duties

they shall have full police power to enforce all reasonable measures

for testing any weighing or measuring devices and for ascertaining

whether false or short weights and measures are being given in any

sales or transfers of commodities taking place within the State, and

they may seize for use as evidence, and hold until final disposition

of the same, any commodity, package or other article sold or offered

for sale contrary to the law relating to weights and measures. Said

cormnissioner, his deputy, or inspectors may arrest without warrant

517—27 53
832 LAWS CONCEENING WEIGHTS AND MEASURES

and on view, in any part of the State, a person found violating

a provision of this chapter and take such person before a magistrate having jurisdiction of the offense, and detain such person in

custody at the expense of the State until opportunity is had to notify a prosecuting officer, who shall forthwith prosecute such

offender. Grand jurors in such cases shall receive the fees prescribed by section seven thousand four hundred and fifty-one. Except as herein otherwise provided, whenever said commissioner, his

deputy, or his inspectors find a violation of the statutes relating to weights and measures, they shall submit the evidence to a proper

prosecuting officer in the county in which said violation occurred

who shall thereupon prosecute the offender.

Sec. 5877 (1910). Tolerances.—Said commissioner shall, after consultation with and with the advice of the National Bureau of Standards, establish tolerances for use in the States and such tolerances

shall be the legal tolerances in the State.

Sec. 5878. Rules and regulations.—Said commissioner may make

suitable rules and regulations to govern the sale of commodities.

Sec. 5879 (al917). Report.—Said commissioner shall keep a complete record of all work done under his direction and shall, in each even year, make a report to the governor of the work done during

the preceding two years. Such report shall also contain such other

matter and recommendations as seem pertinent.

Sec. 5880 (alBlO). Marking of standards.—The State standards shall

be stamped with the letters S. S., and the town standards with the

letters T. S., and city standards with the letters C. S.

See. 5881 (1910). Marking of weights and measures.—Every weight

for use in trade, except when the small size of the weight renders it impracticable, shall have the denomination of such weight permanently marked on the top side thereof in legible figures or letters; and every measui-e of capacity for use in trade shall have the denomination and kind thereof permanently marked on the outside of

such measure in legible figures or letters. A weight or measure not

in conformity with this section shall not be sealed by said commissioner, inspectors or town treasurers.

Sec. 5882. Sealing without verifying.—A person authorized to seal weights and measures in accordance with the provisions of this

chapter, who stamps a weight or measure without duly verifying the same by comparison with the town standards or is guilty of a breach

of any duty imposed upon him by law or otherwise misconducts himself in the execution of his office, shall be liable to removal and shall

be fined not more than two hundred dollars for each offense.

Sec. 5883 (al912). Eor using false measures after inspection; seizure of same.—A person who, after an inspection of his weighing and measuring devices, or either, uses or has in his possession for use in trade,

in public weighing, or in ascertaining the weight of commodities for or in transportation, any weight, measure, scale, balance, steelyard or other weighing or measuring device, which is false or incorrect, or which has been stamped or tagged as condemned by said commissioner, inspectors or treasurers, providing the same has not been

afterwards sealed as correct by said officials, shall be fined not more

than one hundred dollars for the first offense, and, for each subsequent offense, not more than two hundred dollars. After an in-
TEEMONT 833

spection has been made, any such false or incorrect weight, measure,

scale, balance, steelyard or other weighing or measuring device may

be seized by any official acting under authority of this chapter, and, on order of the court, the same shall be forfeited.

Sec. 5884, as amended by Laws, 1919, Act No, 161, p. 172. False

weights; offenses; penalty.—A person, who himself or by his servant

or agent, or as the servant or agent of another, shall offer or expose

for sale, sell for use, or use in the buying cy: selling of any commodity

or thing, or for hire, or award, or retain in his possession a false weight or measure, or weighing or measuring device, or who shall

dispose of any condemned weight, measure, or weighing or measuring device contrary to law, or remove any tag placed thereon by a

sealer of weights and measures without his permission or, who shall

sell or offer or expose for sale, less than the quantity he represents, or offers and exposes for sale any such commodity in a manner con- trary to law or who shall sell or offer for sale, or have in his posses- sion for the purpose of selling, any device or instrument to be used

to, or calculated to falsify any weight or measure, or in purchasing

misrepresents the amount purchased shall, upon conviction, except

as hereinafter provided, be fined not more than one hundred dollars

for the first offense and, for each subsequent offense, not more than

two hundred dollars.

Sec. 5885, as amended by Laws, 1919, Art. 161, p. 172. Refusal to present weighing and measuring devices.—A person who neglects or

refuses to produce for said commissioner, his deputy, inspectors or town treasurers, all weighing and measuring devices in his posses- sion and used in trade or on his premises, or refuses to permit said

officers to examine same, or obstructs the entry of said officers, or

obstructs or hinders any officer acting under the authority of this

chapter, or knowingl}^ violates a rule or regulation made under the

authority of section five thousand eight hundred and seventy-eight, or violates a provision of this chapter for which other penalty is not prescribed, shall be fined not more than two hundred dollars.

Sec. 5886 (al917). Appointment; duties; penalty.—The commissioner

of weights and measures may designate one or more of the employees of a corporation, association, firm or individual, or some

other suitable person, to act as a weigher or surveyor for such cor- poration, association, firm or individual. Such weigher or sur- veyor shall be appointed for a specified term and shall, before enter- ing upon his duties, make oath faithfully to execute his trust as weigher or surveyor. Said commissioner shall issue a certificate of

such designation and shall keep a record of the same. The rights

and duties of such weigher or surveyor shall be prescribed by said

commissioner, and such weigher or surveyor shall not receive compensation from the State for the duties so performed. Such a weigher or survej^or who misrepresents the quantity of commodities

weighed or measured by him, or otherwise misconducts himself in

the execution of his duties as weigher or surveyor, may be removed

from office and shall be fined not more than two hundred dollars for

each offense.

Sec. 5887 (1831). Hundredweight; ton.—A hundredweight shall mean the net weight of one hundred pounds avoirdupois, and a ton,

the net weight of two thousand pounds, and contracts or sales con- cerning the same shall be construed accordingly.
834 LAWS CONCEKNING WEIGHTS AND MEASURES

Sec. 5888, as amended by Laws, 1921, ch. 170, p. 152. Bushel of grain

and vegetables; peck, quart, pint.—Whenever the commodities hereinafter mentioned are purchased or sold by the bushel, peck, or quart, or multiple or fraction thereof, the bushel of such commodity shall

consist of the respective number of pounds herein set forth, viz:'^ Pounds

Alfalfa seed 60 Apples - 48

Apples, dried * - _ 25 Barley 1- 48 Beans 60

Beans, unshelled, green 28

Beans, string 24

Beans, soy 58

Beets 60 Beet greens 12 Buckwheat 48

Butternuts, dried 28

Carrots 50 Charcoal 20 Chestnuts 50

Clover seed 60 Corn meal 50

Corn, shelled 56 Corn in ear, husked 70 Corn in ear, unhusked 72

Cranberries 32 Cucumbers 48 Dandelions 12 Emmer 40

Flaxseed 55 Hungarian grass seed 50

India wheat 46

Pounds

Kafir corn 56 MUlet 50 Oats 32

Onions 52

Parsley 8

Parsnips 45 Peaches 48

Peanuts, green 22

Peanuts, roasted 20

Pears 58 Peas 60

Peas, unsheUed, green 28

Plums 48 Pop-corn 56

Potatoes 60

Potatoes, sweet 54

Quinces 48 Redtop seed . 14 Rye 56

Salt, coarse 70

Salt, fine 56

Spelt 40

Spinach 12 Timothy or herd's grass seed 45 Tomatoes 56 Turnips 60 Wheat 60 The legal peck shall be a fourth part of the bushel, the legal dry

quart shall be a thirty-second part of the bushel, and the legal dry

pint shall be a sixty-fourth part of the bushel.

Sec. 5889 (1876). Produce to be in good shipping order.—The kinds

of produce enumerated in the preceding section shall be in good

order for shipping; and beets, turnips, carrots and onions shall be

reasonably free from the soil in which they grew and fairly trimmed

of their tops.

Sec. 5890 (al917). Maple syrup; weight per .gallon; penalty.—The

legal weight of a gallon of maple syrup shall be not less than eleven

pounds and the legal measure thereof shall be two hundred and

thirty-one cubic inches. Whenever maple syrup is sold by the gallon,

quart, pint, or gill, or multiple or fraction thereof, it must be sold

according to such legal weight and measure. The legal quart shall be a fourth of a gallon; the legal pint, an eighth of a gallon; and

the legal gill, a thirty-second of a gallon. A person who sells or

offers for sale a less quantity of maple syrup than represented or

sells the same in a manner contrary to law shall be fined not more

than five dollars for the first offense, and for each subsequent offense,

not more than ten dollars.

Sec. 5891 (al828). Lime and ashes.—One bushel and three-quarters

of a peck shall be deemed a bushel of lime or ashes, and contracts concerning the same shall be understood accordingly.

Sec. 5892 (1855). Cord.—A pile of wood or bark four feet high, four

feet wide and eight feet long, well packed, shall be a cord; and, in

measuring the length of wood, only half the kerf shall be included.

1 A slight change has been made in the arrangement for convenience of reference.
VEEMONT 835

Sec. 5893 (1876). Milk.—The standard measure of milk shall be

wine measure.

Sec. 5894 (1884). Saw logs and round timber.—In bargains for or

sales of saw logs or round timber by measure, the number of feet,

unless otherwise stipulated by the parties, shall be ascertained as follows : Multiply the average diameter of the top of the log, inside

the bark, in inches, by half such diameter in inches, disregarding

fractions of an inch less than a half, and regarding fractions greater

than a half as a full inch, and the number obtained as the product

will represent the contents in feet of a log of that diameter twelve

feet, long. If the log is less than twelve feet long, the actual contents will be the same fraction of the above product as the actual

length of the log is of twelve feet. If the log is more than twelve

feet long, commence at the upper end and measure it into sections

of twelve feet; then find, according to the above rule, the contents of each section and fractional section. The aggregate of the contents of the sections will be the contents of the whole log.

Sec. 5895 (1890). Roofing slate.—In contracts for covering roofs

with slate, when the underlap is not agreed upon, three inches for

each course of slate shall be required.

Sec. 5896 (1917). Weigh bill with coal; penalty.—A person engaged

in the business of retailing coal shall, at the time of the delivery of

any coal to a customer, cause to be delivered therewith, by the per- son delivering the coal, a duplicate weight slip showing thereon the

number of pounds of coal so delivered. A person who violates a provision of this section shall be fined not more than one hundred

dollars.

Sec. 5897 (al915). Justices.—Justices of the peace shall have con- current jurisdiction with county, municipal and city courts of

otfenses arising under this chapter.

General Laws, 1917, ch. 247, p. 1013.

Sec. 5901 (al852). Inspectors of hops.—The judges of the county

court of a county may appoint an inspector of hops for such county,

who shall be sworn.

Sec. 5902. True weight to be marked.—Said inspector, on request,

shall inspect hops packed for market in the county for which he was

appointed, and shall mark in legible characters, on each bag or package by him inspected, the true weight of hops therein, designating the quality by No. 1, No. 2 or No. 3, with the initial of the

Christian name and the surname at length of the grower, or person

presenting the same for inspection, and of the inspector, and the

year, in figures, in which they were inspected, and the word " Vermont."

Sec. 5903. Penalty.-—A grower, owner, presenter for inspection or inspector who is guilty of fraud in the packing, inspecting or marking of bags or bales of hops shall be fined fifty dollars. General Laws, 1917, ch. 173, p. 670.

Sec, 3926 (al9i7). Organization of selectmen; appointments.—The

selectmen shall, immediately after their election and qualification, or- ganize and elect a chairman from among their number and immediately file a certificate of such election for record in the town clerk's
836 LAWS CONCEENING WEIGHTS AND MEASUBES

office; and thereupon said selectmen shall appoint from among the

inhabitants of the town, the following town officers, who shall serve

until their successors are appointed and qualified

:

^ if ^ ^ ^ rfi One or more inspectors of lumber, shingles and wood

;

One or more weighers of coal.

Sec. 4015, Duties; compensation.—An inspector of lumber, shingles

and wood shall, at the request of any party interested, examine and

classify the quality of lumber and shingles, and measure lumber,

shingles and wood and give certificates thereof; and shall receive

from the party requesting such services, four cents a cord for the

first ten cords and one cent for each additional cord of wood

measured, and reasonable compensation for examining and classifying lumber and sliingles and for measuring the same.

Sec. 4016 (al910). Duties: compensation.—A weiglier of coal sliall be sworn an(l shall not he dii-ectly or indirectl}' interested in the sale of coal, and sliall weigh all coal sold in his town, upon I'equest of

the seller or piirclia.ser. Said weigher shall be paid by the person

applying for the weighing, ten cents for the first ton and four cents additional for each addilional ton. General Laws, 1917, ch. 177, p. 696.

Sec. 4113 (al915). By-laws relating to hay scales.—An incorporated

village may enact such by-laws and regulations as are expedient, not

inconsistent with law, particularly such as relate to streets, * * * to the erection and regulation of buildings and hay scales * * *, General Laws, 1917, ch. 248, p. 1014.

Sec. 5925 (1898). Utensils tested; marking; expense.—Bottles, pipettes or measuring glasses used by a person in determining by test the value of milk or cream received from other persons shall, before

such use, be tested for accuracy of measurement and for accuracy

of the per cent scale marked thereon, at the Vermont Agricultural

Experiment Station. Such bottles, pipettes or measuring glasses as are correct shall be marked in permanent marks or characters,

which shall be proof that they were so tested; but incorrect bottles,

pipettes or glasses shall not be marked. The person owning such

bottles, pipettes or measuring glasses shall pay the actual expense

of testing the accuracy of the same.

Sec. 5926, as amended by Lav/s, 1919, Act No. 163, p. 176. Certificate of competency to operator ; fee.—A person who manipulates a mechanical or chemical test for the purpose of measuring the percentage of

butterfat in milk or cream as a basis for apportioning its value, or

the butter or cheese made from the same, shall secure a certificate from the commissioner of agriculture certifying that he is competent to perform such work which certificate the commissioner may

revoke for cause. The commissioner of agriculture may make rules

and regulations governing the application for and the granting of

such certificates, and maj^ charge a fee for such certificates not to exceed one dollar.

Sec. 592? (1898). Violating two preceding sections; penalty.—A per- son who violates a provision of the two preceding sections shall be

fined not more than twenty-five dollars for the first offense and, for

each subsequent offense, nor more than fifty dollars. Sheriffs, deputy
VEEMONT 837

sheriffs and constables shall institute complaint against a person

violating a provision of the two preceding sections.

Sec. 5928 (1910). Test; penalty.—When cream is bought or sold

according to its butterfat content, there shall be accurately weighed

into the test bottle the full weight of cream as specified by the method

employed. A person who violates a provision of this section shall be fined not more than fifty dollars nor less than ten dollars.

Sec. 5942, as amended by* Laws, 1919, Act No. 163, p. 176. Inspection

of creameries ; regulations concerning milk tests.—Said commissioner or

his deputy may enter the premises of such a creamery, cheese fac- tory, condensarj' or receiving station and may inspect all apparatus

and materials used for making tests for the purpose of determining

the accuracy of the same, and for ascertaining whether the provisions of sections five thousand nine hundred and twenty-five and

five thousand nine hundred and tAventy-six are being complied with.

Said commissioner of agriculture may order an^^ testing apparatus to be repaired or may condemn the same or any part thereof or any

materials used in making tests, and may give such instructions and

make such regulations concerning the taking of samples of milk and

cream for making the butterfat test, the making of such test, and

the computing of the results thereof as he deems proper.

General Laws, 1917, ch. 249, p. 1021.

See. 5947 (1915). Closed packages, definition.—The proAdsions of this

chapter shall apply only to closed packages of apples ; and the words

" closed packages " shall mean a barrel, box or other container, the

contents of which cannot be seen or inspected when such barrel, box

or container is closed. Laws, 1921, Act 173, p. 179.

Sec. 1. Standard box and barrel; dimensions.—The standard barrel

for apples shall be of the following dimensions when measured without distention of its parts : Length of stave twentj^-eight and a half

inches; diameter of head, seventeen and an eighth inches; distance

between heads, twentj^-six inches; circumference of bulge, sixty-four

inches, outside measurement ; and the thickness of staves not greater

than four-tenths of an inch : Provided, That any barrel of a differ- ent form having a capacity of seven thousand and fifty-six cubic

inches shall be a standard barrel, and such barrel shall be plainlj^

marked " Vermont standard barrel." The standard box for apples

shall be of the following dimensions, by inside measurement ; eight- een inches by eleven and a half inches by ten and a half inches,

without distention of its parts, and having a capacity of not less than

two thousand one hundred and seventy-three and a half cubic inches,

and such box shall be plainly marked " Vermont standard box."

When a box, barrel or container other than a standard barrel or a standard box, as hereinafter specified, is used, such barrel, box or container shall have plainly specified thereon the number of bushels

and parts of a bushel contained therein.

Sec. 3. Eepeals.—Sections 5949, 5950, and 5959 of the General Laws

are hereby repealed.

General Laws, 1917, ch. 249, p. 1021.

Sec. 5951, as amended by Laws, 1921, Act 173, p. 179.' Marking quantity; grade; variety.—Every closed package of apples which is
838 LAWS CONCEKNING WEIGHTS AND MEASUBES

packed, sold, distributed, offered or exposed for sale or distribution

in the State by any person, shall have affixed in a conspicuous place on the outside thereof a plainly printed statement clearly and truly

stating the quantity of the contents and the name and address of the

packer, or of the person by whose authority the apples were packed

;

* * * Every package of apples which is repacked shall bear the name and address of the repacker, or the name and address of the

person by whose authority it is repacked, in place of that of the

original packer. Such marks shall be in block letters and figures of

not less than thirty-six point gothic. * *

* Sec. 5952 (1915). Misbranded or adulterated; not to be sold.—A per- son shall not pack, sell, distribute, offer or expose for sale or

distribution, apples which are adulterated or misbranded within the

meaning of this chapter.

Sec. 5953. Adulteration construed.—Apples packed in a closed package shall be deemed to be adulterated if their measure, quality, grade

or purity does not conform in each particular to the statement and

marks required on such package.

Sec. 5954. Misbranded construed.—Apples in a closed package shall

be deemed to be misbranded

:

I. If the package fails to bear all statements and marks required

by the third and fifth preceding sections [sec. 5961 and sec. 1, Act

173, Laws, 1921] ; * *

* Sec. 5957. Adulterating, misbranding, etc.—A person who adulterates

or misbrands apples within the meaning of this chapter, or a person

who packs, sells, distributes, offers or exposes for sale or distribution,

apples in violation of a provision of this chapter shall be fined not more than ten dollars for the first offense and, for each subsequent

offense, not more than twenty-five dollars. General Laws, 1917, ch. 251, p. 1027.

Sec. 5973, as amended by Laws, 1921, Act 174, p. 181. Commercial fertilizers, net weight to be shown.—Every lot or parcel of commercial

fertilizer sold, offered or exposed for sale shall be accompanied by

a plainly printed statement, clearly and truly certifying the number

of net pounds of fertilizer in a package, the name, brand or trademark under which the fertilizer is sold, the name and address of the

manufacturer or importer, * * *, Sec. 5982 (al912). Statement of contents; net weight.—Every lot or parcel of concentrated commercial feeding stuffs as defined in this

chapter, used for feeding farm livestock, sold, offered or exposed

for sale, shall have a plainly printed statement conspicuously af- fixed thereto clearly and truly certifying the number of net pounds

of feeding stuff in a package, the name, brand or trade-mark under

which the article is sold, the name and address of the manufacturer

or importer, * * *. If the feeding stuff is sold in bulk at retail or put up in packages belonging to the purchasers, the agent or

dealer shall, upon request of the purchaser furnish him with the

certified statement named in this section.

General Laws, 1917, ch. 252, p. 1033.

Sec. 6000 (1908). Paints and compounds, statements of contents or measure.—A person, firm or corjooration that manufactures for sale,

sells or exposes for sale within this State, white lead, paint, or
VERMONT 839

compound intended for use as such, shall label the same by a label

printed in the English language and in clear and distinct gothic

letters, stating, with substantial accuracy, the per cent of white

lead * * * the name and residence of the manufacturer of the

paint, or of the distributor thereof, or of the party for whom the same is manufactured, the per cent of solid and liquid material

used, and the net measure of the contents of the container of all liquid or mixed paints, and the net weight of the contents of the

package of all paste and semipaste paints sold by weight, or if sold

by measure, the net measure of such package. * *

*

laws, 1919, Act. No. 162, p. 175.

Sec. 1. Marking of weiglit; variations; regulations.—A dealer or his

employee who sells, offers or exposes for sale food in containers or package form shall have the correct net quantity of the contents

plainly and conspicuouslj'- marked on the outside of the package or

container in terms of weight, measure or numerical count; however,

reasonable variations shall be permitted and allowance and exemptions as to small packages shall be established by rules and regulations made fi'om time to time by the commissioner of weights and

measures.

Sec. 2. Prosecution; guaranty.—A dealer shall not be prosecuted

under the provisions of this act if he shows a guaranty signed by

the wholesaler, jobber, manufacturer, dealer or other person, from

whom he purchased such articles, to the effect that the same are correctly marked or labeled within the meaning of this act, designating it. Such guaranty, to afford protection, shall contain the

name and address of the person making the sale of such articles to such dealer. The name aiDpearing on the container and the marking

as provided by section 1 shall be deemed to constitute a guaranty.

If it shall appear that any of the provisions of this act have been

violated and the part}' or parties giving such guaranty are without

the State, no action shall be brought but the commissioner of weights

and measures shall present the facts to the proper national authorities for their action.

Sec. 3. Tfleaning of terms.—A package or retainer shall for the purposes of this act be exposed for sale when it is kept or displayed at a place of business where commodities are bought or sold, and the

word " weight " shall be construed to mean net weight.

Sec. 4. Contracts.—If commodities are soLd by weight, it shall be

understood to mean the net weight of all commodities so sold; and

all contracts concerning goods sold by weight shall be understood

and construed accordingly.

Sec. 5. Penalty.—A person who, himself or by his servant or agent, or as a servant or agent of another violates the provisions of this act shall be fined not more than one hundred dollars for the first offense and not more than two hundred dollars for each succeeding

offense. Laws, 1921, Act. 261, p. 249.

Sec. 1. Standard time.—The standard time within the State of Vermont shall be based on the mean astronomical time of the seventyfifth degree of longitude west from Greenwich, known and designated as " United States standard eastern time."
VIRGINIA

Laws, 1926, ch. 121, p. 115. Section 1. Offices abolished.—That the offices of dairy and food commissioner and deputy dairy and food commissioner, including the

office of superintendent of weights and measures, be, and they are, hereby severally abolished.

Sec. 2. Powers and duties transferred.—All the powers conferred and

all the duties imposed by law upon the dairy and food commissioner,

the deputy dairy and food commissioner, and the superintendent of

weights and measures, shall hereafter be exercised or performed by

the commissioner of agriculture and immigration, without additional

fompensation, under the dii'ection of the board of agriculture and

immigration.

See. 3. Unexpended balances of appropriations transferred.—The un- expended balance of any appropriation made to the daily and food

division, or to the dairy and food commissioner, or to the superintendent of weights and measures, is hereby transferred to the commissioner of agriculture and immigration, for the purpose named in

the appropriation, but as far as necessary he shall use the existing

force in performing the additional duties imposed and exercising

the additional powers conferred by this act. Laws, 1924, ch. 216, p. 321, as amended by Laws, 1926, ch. 145, p. 248. Section 1. Standard weights and measures.—The v\'eights and measures received from the United States under joint resolutions of Congress, approved June fourteenth, eighteen hundred and thirty-six,

and July 27, eighteen hundred and sixty-six, and such new weights

and measures as shall be received from the United States as standard

weights and measures in addition thereto or in renewal thereof, and

such as shall be supplied by the State in conformity therewith and

certified by the National Bureau of Standards shall be the State

standards of weights and measures.

Sec. 2. State superintendent of weights and measures.—The dairy and

food commissioner ^ shall ex officio be State superintendent of weights

and measures.

Sec. 3. Office standards; verification and use.—In addition to the

State standard of weights and measures, provided for above, there

shall be supplied by the State, at least one complete set of copies

of these, to be kept at all times in the office of the State superintendent, and to be known as office standards ; and such other weights, measures and apparatus as may be found necessary to carry out the

provisions of this act, to be known as working standards. Such

weights, measures, and apparatus shall be verified by the State superintendent upon their initial receipt and at least once in each year

thereafter, the office standards by direct comparison with the State

1 Now the commissioner of agriculture and immigration. See Laws, 1926, cli. 121, supra. 840
VIRGINIA 841

standards, the working standards by comparison with the office standards. When found accurate upon these tests the office and

working standards shall be sealed by stamping on them the letter " V " and the last two figures of the year with seals which the State

superintendent shall have and keep for that purpose. The office standards shall be used in making all comparisons of weights, measures and weighing or measuring devices submitted for test in the

office of the superintendent and the State standards shall be used

only in verifying the office standards and for scientific purposes.

Sec. 4. Custody and care of standards.—The superintendent shall take

charge of the standards adopted by this act as standards of the

State, and cause them to be kept in a safe and suitable place in the

city of Richmond, from which place they shall not be removed

except for repairs or for certification, and he shall submit them to

at least once in ten years to the National Bureau of Standards for

certification. He shall keep a complete record of the standards,

balances, and other apparatus belonging to tlie State and take a

receipt for the same from his successor in otiice. He shall annually, on the thirty-first day of December, make to tiie governor a report

of all work done by his office iluring the twelve months next preceding the first day of October.

Sec. 5. Local sealers, appointment of; term of ofS.ce; salaries.—The

board of supervisors of the respective counties, and the councils or

other governing bodies of the respective cities, may appoint for their

respective counties and cities a local sealer of weiglits and measures: Provided^ however^ That two or more counties may appoint

jointly for their respective counties and towns a local sealer, subject

to the approval of the State director of weights and measures: And

provided^ further, That if in any particular city or county the services of a full-time local sealer be not required, the council or board

of supervisors of such city or coimty may appoint a part-time local sealer of weights and measures. Local sealers appointed imder this section shall hold office for such

tei'ms, and shall receive such salaries, as the appointing power may

prescribe. The salaries herein provided for shall be paid out of the

county or city treasury, as the case may be and no fee shall be

charged by the local sealer, or by the county or city, for inspecting,

testing or sealing, or the repairing or adjusting of weights, measures,

cr weighing or measuring, devices. Local sealers appointed under

this section may be removed at any time, by the authority which

appointed them, for nonfeasance, misfeasance, or malfeasance in

office. Sec. 6. County and city standards, preservation and custody.—The

board of supervisors of each county, and the council or other governing body of each city, appointing a sealer imder the provisions of

this act shall procure at the expense of the county or city, and shall keep at all times a set of weights and measures and other apparatus

as complete, and of such materials and construction as the State

superintendent of weights and measures may direct. All such

weights and measures, and other apparatus having been tried and

accurately jDroven by the State superintendent shall be sealed and

certified to by him as hereinbefore provided, and shall be then deposited with and preserved by the county or city sealer as public

standards for each county or city.
842 LAWS COFCEBNING WEIGHTS AND MEASURES

Sec. 7. Local sealers, powers and duties.—When not otherwise provided by law the county or city sealer shall have the power and it shall be his duty within his county or city to inspect, test, try, and

ascertain if they are correct all weights, measures, and weighing or measuring devices kept, offered, or exposed for sale, sold, or used or employed within the county or city by any proprietor, agent, lessee, or employee in proving the size, quantity, area, or measurement of

quantities, things, produce, or articles for distribution or consumption purchased or offered or submitted by such person or persons for

sale, hire, or award ; and he shall have the power to and shall from

time to time weigh or measure and inspect packages, or amounts of

commodities of whatsoever kind kept for the purpose of sale,

offered or exposed for sale, or sold or in the process of delivery, in

order to determine whether the same contain the amounts represented, and whether they be kept, offered, or exposed for sale or sold

in a manner in accordance with law ; he shall at least twice each year

t'nd as much oftener as he may deem necessarj'' see that all weights, measures, and weighing or measuring devices used in the county or

city are correct. He ma}^ for the purpose above mentioned, and in

the general performance of his official duties, enter and go into or upon, and without formal warrant, any stand, place, building, or

premises, or stop any vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon, or any person whomsoever, and require him,

if necessary, to proceed to some place which the sealer may specify,

for the purpose of making the proper tests. Whenever the county

or city sealer finds a violation of the statutes relating to weights and

measures, he shall cause the violator to be prosecuted.

Sec. 8. Testing and sealing weights and measures.—^Whenever the

coixnty or city sealer compares weights, measures or weighing or measuring devices and finds that they correspond or causes them to correspond with the standards in his possession, he shall seal or mark such weights, measures, or weighing or measuring devices

with appropriate devices to be approved by the State superintendent

of weights and measures.

Sec. 9. Incorrect weights and measures may be condemned or confis- cated, when.—The county or city sealer shall condemn and seize and

may destroy incorrect weights, measures, or weighing or measuring

devices which, in his best judgment, are not susceptible of satisfactory repair, but such as are incorrect and, yet, in his best judgment

may be repaired, he shall mark or tag as " condemned for repairs " in a manner prescribed by the State superintendent of weights and

measures. The owners or users of any weights, measures, or weighing or measuring devices of which such disposition is made shall

have the same repaired and corrected within ten days, and they may

neither use nor dispose of the same in any way, but shall hold the same at the disposal of the sealer. Any v/eights, measures, or weighing or measuring devices which have been " condemned for repairs,"

and have not been repaired as required above, shall be confiscated by

the sealer.

Sec. 10. Annual report; record of official acts.—The county or city

sealer shall keep a complete record of all of his official acts, and shall make an annual report to the authority which appointed him, and an

annual report duly sworn to, on the first day of October, to the State
VIBGmiA 843

superintendent of weights and measures, on blanks furnished by the

latter, and also, any special reports that the latter may request.

Sec. 11. False weights and measures, use of as evidence; police powers.—The superintendent of weights and measures and the county

and city sealers are hereby authorized and empowered to seize for

use as evidence, without formal warrant, any false or unsealed

weight, measure or weighing or measuring device or package or amount of commodity found to be used, retained or offered or ex- posed for sale or sold in violation of law.

That there is hereby conferred upon the superintendent, his assist- ants and inspectors, police power for the purpose of carrying out the

provisions of this act only, and in the exercise of their duties they

shall upon demand, exhibit their badges to any person questioning

their authority, and they are authorized and empowered to make

arrests of any person violating any provisions of this act.

Sec. 12. Hindering or obstructing official; penalty.—Any person who

shall hinder or obstruct in any way the superintendent of weights

and measures, or any county or city sealer in the performance of his

official duties shall be guilty of a misdemeanor, and upon conviction

thereof, shall be punished by a fine of not less than twenty, nor more

than two hundred dollars, or by imprisonment in jail for not more

than three months, or by both such fine and imprisonment.

Sec. 13. Impersonating; penalty.—Any person who shall impersonate

in any way the superintendent of weights and measures, or any

county or city sealer, by the use of his seal or counterfeit of his seal, or otherwise, shall be guilty of a misdemeanor, and, upon conviction

thereof, shall be punished by a fijie of not less than one hundred nor more than five hundred dollars, or by imprisonment for not more

than one year, or by both such fine and imprisonment.

Sec. 14. Manner of sale of commodities; terms defined.—It shall be

unlawful to sell, excep't for immediate consumption on the premises,

liquid commodities in any other manner than by weight or liquid

measure, or commodities not liquid in any other manner than by

measure of length, by weight, or by numerical count, unless otherwise agreed in writing by the mutual consent of the buyer and seller

Provided, however. That nothing in this section shall be construed to prevent the sale of fruits, vegetables, and other dry commodities in

the standard barrel provided for in section twenty-four ; or of berries

and small fruits in boxes as provided for in section twenty-five; or of vegetables or fruits usually sold by the head or bunch in this manner : Provided further, That nothing in this section shall be construed to apply to foodstuffs put up in original packages.

For the purpose of this section the term " original package " shall

be construed to include a commodity in a package, carton, case, can,

barrel, bottle, box, phial or other receptacle, or in coverings or wrappings of any kind, put up by the manufacturer, which may be

labeled, branded, or stenciled, or otherwise marked, or which may be

suitable for labeling, branding, or stenciling, or marking, otherwise,

making one complete package of the conunodity. The words " original package" shall be construed to include both the wholesale and

the retail package.

For the purpose of this section the term " commodities not liquid "

shall be construed to include goods, wares and merchandise, which

are not in liquid form and which have heretofore been sold by meas-
844 LAWS CONCERNING WEIGHTS AND MEASUEES

ure of length, by weight, by measures of capacity, or by numerical

count, or which are susceptible of sale in any of these ways.

Sec. 15. Cord; weight per bushel of products.—A cord contains one hundred and twenty-eight cubic feet, being eight feet long, four feet high, and four feet wide, or the equivalent thereof; and in all meas- urements of wood, tan. bark or other things subject to such measure- ments the foregoing shall be the true and legal standard, any usage,

by law or ordinance of any corporation, railroad or other company to the contrary, notwithstanding. And in all sales by weights of the

agricultural products hereinafter named, the number of pounds per

bushel as stated in the following schedule shall be the true and legal

standard : ^ Pounds

Alfalfa seed 60

Barley 48 Navy and soja beans 60 Blue grass seed 14 Bran 20 Buckwheat 48

Carrots 50 Castor beans 46 Chestnuts 57 Clover seed 60 Coal (anthracite) 80 Corn (in ear) 70 Corn (shelled) 56 Corn meal 48 Dried apples 28 Dried peaches (peeled) 40 Dried peaches (unpeeled) 32 Flaxseed 56 Hemp seed 44 Hungarian grass seed 48 Lime (unslaked) 80

Pounds Malt 38

Millet seed 50 Oats 32 Onions 57 Orchard grass seed 14 Parsnips 50

Virginia peanuts 22

Spanish peanuts 30 Peas (black eye and other cowpeas) 60

Potatoes (Irish) 60

Potatoes (sweet) 56

Plastering hair 8 Redtop grass seed 40 Rye 56

Salt 50 Timothy seed 45 Tomatoes 60 Turnips 55 Wheat 60 Cottonseed 30

Sec. 16. Barrel of flour; weights to be marked; penalty.—Every barrel

of flour put up or manufactured in this State, shall contain not less than one hundred and ninety-six pounds of flour, and every barrel

of flour put up or manufactured in this State, and every barrel

shipped into the State, shall have the number of pounds contained

therein plainly stamped on one head. If any person or firm doing

business in this State willfully or knowingly sell or causes to be sold

flour in barrels or packages not so correctly stamped, showing the

correct number of pounds contained in such barrels or packages, he

or they shall be fined twenty-five dollars ; and the sale of every such

barrel or package shall constitute a separate offense.

. Sec. 17. Banks to have weights tested.—Once in every five years the

directors of each bank shall have the weights used in such bank

tried, proved and sealed, either by the superintendent or a sealer

of weights and measures. No tender by any bank in the State, of

gold weighed with weights not so sealed, shall be legal. The payer

to, or receiver from, any bank, of gold, may require that it shall be

weighed in each scale and the mean weight resulting therefrom shall be deemed the true weight.

Sec. 18. Coal, weighing upon request.—When a dealer or dealers in

coal in cities or towns in this State, where public scales are kept,

may be requested by a person or persons buying as much as five

* A slight change has been made in the arrangement for convenience of reference.
VIRGINIA 845

hundred pounds of coal at any one time to weigh such coal upon the

public scales, said dealer or dealers shall do so upon such request,

the person or persons buying the coal to pay the fee for weighing

same, if such shall be of proper weight, otherwise such fee shall be

paid by said dealer. Any dealer refusing to weigh or have weighed

such coal as required in this section, or to pay such fee for weighing

the same as herein required, shall be fined the sum of five dollars for

each offense.

Sec. 19. Coal, coke, and charcoal sold by weight; conditions of sale.

It shall be unlawful to sell or offer to sell any coal, coke or charcoal

in any other manner than by weight. No coal, charcoal or coke

shall be sold at retail which contains at the time the weight is taken, more water or other liquid substance than is due to natural conditions, weather conditions or causes incident to the mining, cleaning

or handling of the coal, charcoal or coke, except by and with the consent of the purchaser.

It shall be unlawful for any person to deliver any coal, coke, or

charcoal without such delivery being accompanied by a delivery

ticket and a duplicate thereof, oh each of which shall be in ink or other indelible substance, distinctly expressed in pounds, the gross

weight of the load, the tare of the delivery vehicle, and the quantity

or quantities of coal, coke or charcoal contained in the vehicle used

in such deliveries, with the name of the purchaser thereof, and the

name of the dealer from whom purchased. One of these tickets shall be surrendered to the sealer of weights and measures upon his demand for his inspection, and this ticket or weight slip issued by

him when he desires to retain the original shall be delivered to the

said purchaser of said coal, coke or charcoal, or his agent or representative at the time of the delivery of the fuel ; and the other ticket

shall be retained by the seller of the fuel. When the buyer carries

away the purchase, a delivery ticket showing the actual number of

pounds delivered to him must be given to him at the time the sale

is made.

Sec. 20. Sale of commodities in package form ; terms defined.—It shall be unlawful to keep for the purpose of sale, offer or expose for sale, or sell any commodity in package form unless the net quantity of

the contents be plainly and conspicuousl_y marked on the outside of

the package ; in terms of weight, measure or numerical count : Provided, however, That reasonable variations or tolerances shall be

permitted, and that these reasonable variations or tolerances, and

also exemptions as to small packages shall be established by rules

and regulations made by the superintendent of weights and measures : And provided further, That this section shall not be construed

to apply to those commodities in package form the manner of sale of which is specifically regulated by the provisions of other sections

of this act. The words " in package form " as used in this section shall be

construed to include a commodity in a package, carton, case, can, box, barrel, bottle, phial, or other receptacle, or in coverings or wrappings of any kind put up by the manufacturer, or when put up prior

to the order of the commodity, by the vendor, which may be labeled,

branded, or stenciled, or otherwise marked, or which may be suitable

for labeling, branding or stenciling, or marking otherwise, making
846 LAWS CONCEENING WEIGHTS AND MEASUEES

one complete package of the commodity. The word "package"

shall be construed to include both the wholesale and retail package.

Sec. 21. Net weight or amount of textile material to be marked.—It shall be unlawful to keep for the purpose of sale, offer or expose for

sale, or sell any commodity composed in whole or in part of cotton,

wool, linen, or silk, or any other textile material on a spool or similar

holder, or in a container or band, or in a bolt or roll, or in a ball,

coil or skein, or in an}' similar manner, unless the net amount of the

commodity in terms of weight or measure shall be definitely, plainly,

and conspicuously marked on the principal label, if there be such a

label; otherwise on a wrapper, band, or tag attached thereto. The

words " spool or similar holder, container, or band, bolt or roll, or

ball, coil, or skein," shall be construed to include the spool or similar

holder, container or band, bolt, or roll, or ball, coil, or skein put up

by the manufacturer ; or, when put up prior to the order of the commodity, by the vendor. It shall be held to include both the wholesale

and the retail package.

Sec. 22. Ice to be sold by weight; conditions of sale.—It shall be

unlawful for any person, firm or corporation to sell ice in this Commonwealth in any other manner than by weight. All ice shall be

correctly weighed by the seller at the time of delivery to the purchaser. All agents or employees of any person, firm or corporation

engaged in the sale and delivery of ice shall be provided with suit- able and correct weighing devices to be used for the purpose of

correctly weighing each piece of ice delivered, and it shall be imlawful for any such agent or employee to report or make a charge for

any quantit}- of ice in excess of the quantity, in pounds, or fraction

thereof, actually delivered according to the correct weight thereof.

It shall be unlawful for any person, firm, or corporation delivering

ice to refuse, on demand, to allow the purchaser to witness the

weighing of the same at the time of delivery, or to refuse, on demand,

to furnish the purchaser with a weight slip at the time of delivery

containing the name of the person, firm or corporation selling the

ice, the number of pounds sold, and signed by the agent or employee

of such person, firm or corporation.

Sec. 23. Bottles for milk and cream; capacities and markings; penalty

for violation; not required to be sealed.—Bottles used for the sale of

milk or cream shall be of the capacity of one-half gallon, three

pints, one quart, one pint, one-half pint, and one gill. Bottles or

jars used for the sale of milk or cream shall have clearly blown or otherwise permanently marked in the side of the bottle the capacity

of the bottle and the word " sealed," and in the side or bottom of

the bottle the name, initials, or trademark of the manufacturer, and

a designating number, which designation shall be different for each

manufacturer and may be used in identifying the bottles. The

designating number shall be furnished by the State superintendent

of weights and measures upon application by the manufacturer, and

upon the filing by the manufacturer of a bond in the sum of one thousand dollars, with sureties, to be approved by the attorney

general, conditioned upon their conformance with the requirements

of this section. A record of the bonds furnished and the designating

numbers and to whom furnished shall be kept in the office of the

superintendent of weights and measures.
VIRGINIA 847

Any manufacturer who sells or oifers to sell milk or cream bottles

to be used in the State that do not comply as to size and markings

with the provisions of this section shall sulfer a penalty of five hundred dollars, to be recovered by the attorney general in an action

against the offender's bondsmen, to be brought in the name of the

Commonwealth. Any dealer who uses, for the purpose of selling

milk or cream, jars, or bottles purchased after this law takes effect that do not comply with the requirements of this section as to markings and capacity, shall be deemed guilty of using a false or insuffi- cient measure.

Sealers of weights and measures are not required to seal bottles or

jars for milk or cream marked as in this section provided, but they

shall have the power to, and shall from time to time, make tests on

individual bottles used by the various firms in the territory over which they have jurisdiction, in order to ascertain if the above provisions are being complied with, and they shall immediately report

violations found to the State superintendent of weights and

measures.

Sec. 24. Standard barrel for fruits and vegetables; standard cranberry

barrel; penalty.—The standard barrel ^ for fruits, vegetables, and other

dry commodities other than apples and cranberries, shall be of the

following dimensions when measured without distention of its parts

Length of staves, twenty-eight and one-half inches; diameter of

heads, seventeen and one-eighth inches; distance between heads,

twenty-six inches; circumference of bulge, sixty-four inches, outside

measurement; and the thickness of staves not greater than fourtenths of an inch : Provided^ That any barrel of a different form,

having a capacity of seven thousand and fifty-six cubic inches, shall be a standard barrel. The standard barrel for cranberries shall be

of the following dimensions when measured without distention of its parts : Length of staves, twenty-eight and one-half inches ; diameter

of heads, sixteen and one-fourth inches; distance between heads,

twenty-five and one-fourth inches; circumference of bulge, fiftyeight and one-half inches, outside measurements; and the thickness

of staves not gerater than four-tenths of an inch. It shall be unlawful for any person to offer or expose for sale, sell, or ship any other barrels for fruits, vegetables, or other dry commodities, or to offer or expose for sale, sell, or ship any fruits, vegetables or other dry commodities in oth'er barrels than the standard

barrels as defined in this section, or subdivisions thereof known as the third, half, or three-quarters barrel : Provided, however, That

nothing in this section shall apply to barrels used in packing or shipping apples and commodities sold exclusively by weight or numerical count : And provided further. That no barrel shall be deemed

below standard within the meaning of this section when shipped to any foreign country and constructed according to the specifications or directions of the foreign purchaser if not constructed in conflict

with the laws of the foreign country to which the same is intended to be shipped.

Sec. 25. Sale of berries and small fruits ; size of baskets or containers.

It shall be unlawful to sell or offer to sell any berries or small fruits

« See note, p. 20, relative to the Federal standard barrel. 517—27 54
848 LAWS CONCEKNING WEIGHTS AND MEASUEES

in any other manner than by weight, or in the containers described

in this section. It shall be unlawful to procure or keep for the purpose of sale, offer or expose for sale, sell, or give away baskets or other open containers for berries or small fruits, holding one quart

or less, or to procure or keep for the purpose of sale, offer or expose

for sale, or sell berries or small fruits and baskets or other open

containers, holding one quart or less, of any other than the following

capacities when level full: One quart, one pint, or one-half pint,

standard dry measure.

Sec. 26. Commodities to be sold by net weight.—Whenever any com- modity is sold on a basis of weight, it shall be unlawful to employ

any other weight in such sale than the net weight of the commodity

and all contracts concerning goods sold on a basis of weight shall be

understood and construed accordingly. Whenever the weight of a commodity is mentioned in this act, it shall be understood and con- strued to mean the net weight of the commodity at the time of delivery to the customer.

Sec. 27. Using false or unsealed weights or measures, or selling con- trary to law; penalty.—Any person who, by himself or by his servant

or agent, or as the servant or agent of another person, shall offer or expose for sale, sell, use in the buying or selling of any commodity or thing or for hire or award, or retain in his possession a false weight

or measure or weighing or measuring device, which has not been

sealed by the State superintendent or by a sealer or deputy sealer of

weights and measures within one year, or shall dispose of any con- demned weight, measure, or weighing or measuring device contrary

to law, or remove any tag placed thereon by the State superintendent

or by a sealer of weights and measures; or who shall sell or offer or expose for sale less than the quantity he represents, or shall take or attempt to take more than the quantity he represents, when, as the

buyer, he furnishes the weight, measure, or weighing or measuring

device by means of which the amount of commodity is determined;

or who shall keep for the purchase [purpose] of sale, offer or expose

for sale, or sell any commodity in a maimer contrary to law ; or who

shall violate any lorovisions of this act for which a specific penalty

has not been provided; or who shall sell or offer for sale, or use or have in his possession for the purpose of selling or using any device

or instrument to be used to or calculated to falsify any weight or measure shall be guilty of a misdemeanor, and shall be punished by a

fine of not less than twenty or more than two hundred dollars, or by

imprisonment for not more than three months, or by both such fine and imprisonment upon a first conviction, and upon a second or subsequent conviction he shall be punished by a fine of not less than

Mty or more than five hundred dollars, or by imprisonment in jail

for not more than one year or by both such fine and imprisonment.

Sec. 28. Definition of terms.—The word " person " as used in this act

shall be construed to import both the plural and singular, as the case demands, and shall include corporations, companies, partnerships,

firms, societies, and associations.

The words " weights, measures, or (and) weighing or (and)

measuring devices," as used in this act, shall be construed to include

all weights, scales, beams, measures of every kind, instruments and

mechanical devices for weighing or measuring, and any appliances

and accessories connected with any or all such instruments.
VIEGINIA 849

The words " sell " or " sale " as used in this act, shall be construed

to include barter and exchange.

Sec. 29, Repeal.—Sections fourteen hundred and sixty-four to four- teen hundred and seventy, both inclusive, and sections fourteen hundred and seventy-two to fourteen hundred and eighty-five, both

inclusive, of the Code of Virginia, are hereby repealed.

Sec. 30. Further powers and duties of commissioner of agriculture and

immigration; appointment of employees as sealers of weights and measures.—The commissioner of agriculture and immigration, as ex officio superintendent of weights and measures, shall, in addition to the

powers hereinbefore conferred upon him, have, throughout the Commonwealth, all the powers and authority of a sealer of weights and

measures. Furthermore, it shall be the duty of the commissioner of

agriculture and immigration to appoint, as in.spectors of weights

and measures, such of the employees of his office as he may deem

necessary for the better and more efficient enforcement of this act, and such employees, when so designated by the commissioner of agriculture and immigration, shall throughout the limits of the Commonwealth, have all the powers and authority conferred upon a sealer

of weights and measures by this act, and the State superintendent

and sealers of weights and measures shall be guided in the per- formance of their duties by the Department of Commerce, Bureau

of Standards, manual of inspection and information for weights

and measure officials.

Code, 1919, Vol. 1, oh. 62, p. 542.

Sec. 1471, as amended by Laws, 1920, eh. 171, p. 244. Weight of barrel

of apples ; size of apple barrels ; stamping " short barrels "

; penalty.

When apples are bought or sold by weight in this State, the quantity

constituting a bushel shall be forty-five pounds, and the quantity

constituting a barrel shall be one hundred and thirty-five pounds. A

barrel * for use in packing, selling, or shipping apples shall be of

the following dimensions : Head diameter, seventeen and one-eighth

inches; length of stave, twenty-seven and one-half inches; bulge,

not less than sixty-four inches, outside measurement. Every person

buying or selling apples in this State by the barrel shall be understood as referring to the quantity or size of the barrel herein specified. No person in this State shall hereafter use or cause to be

used, or have in his possession, barrels, for the sale of apples, of

a size less than the size specified in this section, unless each of

the same is plainly stamped on the outside thereof, and on each

head with the words " short barrel " in letters not less than two

inches in height. * *

*

2. Any person, firm or corporation violating any provision of this

section shall be guilty of a misdemeanor, and for such offense

shall be fined not exceeding fifty dollars for the first offense, and

for each subsequent offense not exceeding one hundred dollars;

and such fines less legal cost and charges, shall be paid into the

treasury of the State. It shall be the duty of the dairy "and food commissioner to enforce

the provisions of this section and he shall make an annual report

to the governor on or before the thirty-first day of January of

* See footnote, p. 20, relative to the Federal standard barreL
850 LAWS COITCEBN"ING WEIGHTS AND MEASTJEES

each year, giving a detailed account of fees collected and money

disbursed by him under the provisions of this section.

Code, 1919, Vol. 1, ch. 53, p. 480.

Sec. 1260, as amended by Laws, 1918, oh. 406, p. 672. Power of the commissioner of agriculture and immigration, to investigate.—* * * The

commissioner of agriculture and immigration is hereby authorized,

in his discretion, to designate one or more fit and proper persons,

in any city or county in this State, who shall be known as "official weighers of agricultural produce." Upon the request of any con- signor of farm produce, which is sold by weight, the commissioner

shall require an official weigher of the city or county to which the

said produce is shipped, to supervise the weighing of the said

produce. The said weigher shall thereupon prepare, in triplicate,

upon forms furnished by the commissioner, a certificate of the actual

weight of such produce, one copy of the said certificate to be left with the consignee, one copy mailed by the commissioner to the con- signor and the third copy to be kept on file by the commissioner.

In all questions arising under the provisions of this act, the certifi- cate of the weigher, when duly sworn to, shall be prima facie evidence of the fact or facts therein certified. The comrriissioner is hereby authorized, by and with the consent of the board of agriculture and immigration, to adopt rules and regulations necessary

to carry out the foregoing provisions and to fix the compensation

of the said official weighers, and for their services in weighing and

certifying the weights of agricultural produce, as herein above proi^ided, the said weights shall be paid such sum as may be fixed by

the said commissioner, said compensation to be paid from such

appropriation as may be made for the purpose of carrying out the

provisions of this act. * *

*

Code, 1919, Vol. 1, ch. 121, p. 1163.

Sec. 3033 (1908). Powers of councils of cities or towns as to weights

and measures.—The council of any city or town shall have power to provide for the weighing or measuring of hay, coal or any other

article for sale, * * *.

Code, 1919, Vol. 1, ch. 51, p. 438.

Sec. 1182 (al916). Food packages, quantity of contents to be marked.

The term " misbranded " as used in this chapter shall apply to all articles of food, or articles which enter into the composition of food,

the package or label of which shall bear any statement, design or

device regarding such article, or the ingredients or substance con- tained therein, which shall be false or misleading in any particular,

and to any food product which is falsely branded as to the State,

Territory, or country in which it is manufactured or produced.

An article shall also be deemed misbranded : Third. If in package form, and the quantity of the contents be not

plainly and conspicuously marked on the outside of the package in

terms of weiglit, measure or numerical count: Provided^ hoioever,

That such reasonable variations shall be permitted, and tolerances

and also exemptions as to small packages as shall be or are established by rules and regulations made in accordance with the provisions of section eleven hundred and eighty-five.
VIRGINIA 851

Laws, 1920, ch. 388, p. 576.

Sec. 3. Weig^hts and labels.—All bread stored, sold, offered or ex- posed for sale by the loaf shall have conspicuously affixed thereon

a label on which shall be printed in the English language in letters and figures not smaller than one-fourth inch in height, the net weight

of the loaf, when baked. The number and address of the baker or manufacturer of the loaf shall also be shown on the same label. The dairy and food commissioner, with the approval of the board

of agriculture and immigration, shall adopt and establish such

reasonable tolerances or variations within which the weights of

loaves shall be kept: Provided^ however^ That such tolerances and

variations shall not exceed one ounce per loaf on loaves weighing

less than one pound or two ounces on loaves weighing more than

two pounds twelve hours after baking.

Sec. 4.—The dairy and food commissioner is hereby charged with

the enforcement of the provisions of this act. Sec. 5. Penalty.—Any person, firm or corporation who shall violate

any of the provisions of this act shall be subject to a fine of not less than ten dollars, nor more than one hundred dollars, and each day's

continuance of any practice, act or condition prohibited herein shall constitute a separate offense within the meaning of this act. Laws, 1924, ch. 369, p. 532.

Sec. 1. Standard weights for corn-mill products.—That the standard

of weights for the following corn-mill products, namely, flours,

hominy, grits, and meals, shall be one hundred pounds avoirdupois,

and the standard measure for such commodities, when the same are packed for sale, shipped, sold, or offered for sale in packages of five pounds or over, shall be a package containing net avoirdupois weight

one hundred pounds, or a multiple of one hundred pounds, or one of

the following fractions thereof ; five, ten, twenty-five or fifty pounds,

and each of which packages shall bear a plain, legible and conspicu- ous statement of the net weight contained therein.

Sec. 2. Standard packages.—That the standard package for the fol- lowing corn-mill products, namely, flours, hominy, grits, and meals,

when the same are packed, shipped, sold, or offered for sale in packages of five pounds or over, shall be those containing net avoirdupois weight one hundred pounds, or multiples of one hundred

pounds, or the following fractions thereof ; five, ten, twenty-five, and

fifty pounds : Provided^ however^ That the provisions of this section

shall not apply to the retailing of meal direct to customers from

bulk stock, when purchased and delivered by actual weight or measure, or to exchange of corn for meal by mills grinding for toll. That it shall be unlawful for any person, firm, or corporation, or association to pack, or cause to be packed for sale, to ship or

offer for shipment, or to sell, or offer for sale, the following cornmill products, namely, flours, hominy, grits, and meals, which when

in original unbroken package form, shall not be one of the standard measures established in section two hereof and bear a plain, legible,

and conspicuous statement of the net weight contained therein ; and

any person, firm, corporation, or association guilty of a violation of

the provisions of this act shall be deemed guilty of a misdemeanor

and be liable to a fine not exceeding three hundred dollars. By the
852 LAWS CONCEENING WEIGHTS AND MEASUBES

term " in original unbroken form " as used in this act, is meant any

form of package or carton or other container made or prepared to contain products for sale in such original package or other container

and purporting to contain any specific weight or measure.

Sec. 3. Rules and regulations.—The dairy and food commissioner,

with the approval of the board of agriculture and immigration,

may establish the necessary rules and regadations for the enforcement of this act.

Sec. 5. Exemptions.

Provided, That nothing in this bill shall be

construed as apx^lying to packages under five pounds.

Laws, 1922, ch. 344, p. 572.

Sec. 1. Standard barrels for lime.—Tliat thei'e is hereby established a large and :i siuall bairel o! lime. Lhe large l)arrel to consist of two

hundred and eighty pounds and the small bane! to consist of one hundred and eighty pounds, net weight.

Sec. 2. Markings required.—It shall l)e unlawful for an}' person to

sell or ott'er for sale lime in this State in barrels unless there shall be stenciled or othei'wise clearly niarketl on one or both heads of the

small barrel the figures -'• ISO ibs. net " and of the large barrel the

figures "280 lbs. net," and on either barrel in addition the name of

the manufacturer of the lime and where manufactured.

Sec. 3. Container of less capacity than barrel, markings required.

When lime is sold in containers of less capacity than the standard

small barrel, it shall be sold in fractional parts of said standard

small barrel, and the net weight of lime contained in such container

shall by stencil or otherwise be clearly marked thereon, together

with the name of the manufacturer thereof, and the name of the

brand, if any, under which it is sold.

Sec. 4. Unlawful to sell barrels or other containers unless marked as provided.—It shall be unlawful to pack, sell, or offer for sale in tiiis State any barrels or other containers of lime which are not marked

as provided in sections two and tliree of this act, or to sell, charge

for, or purport to deliver as a large or small barrel or a fractional

part of said small barrel of lime, any less weight of lime than is es- tablished by the provisions of this act. Sec. 5. Cement, packages to be marked with net weight.—Every barrel, box or package of cement sold or offered for sale in this State

shall have plainly marked thereon the name and address of the manufacturer and the number of pounds net such barrel, box or package

contains.

Sec. 6. Violation.—Any person violating any of the provisions of

this act shall be guilty of a misdemeanor.

laws, 1922, eh. 431, p. 749.

Sec. 1. Paint, turpgntine, linseed oil, etc., how marked.—That no person, firm or corporation shall expose for sale or sell within this State

any paint, turpentine, or linseed oil, or any substitute therefor,

marked and branded in any manner so as to tend to deceive the purchaser thereof as to its nature or composition, or which is not labled

[labeled] or marked as hereinafter provided.

Sec. 4. Markings; net weight or measure must be stated. —The label required by this act shall clearly and distinctly state, in the English
mGINIA 853

language with letters and type of such size and shape as to be easily

legible, the name and residence of the manufacturer of the paint, or

o± the distributor thereof, or of the party for whom the same is manufactured, * * *; such label shall also show the net measure of

the contents of the container in United States standard gallons or

fraction thereof in case of liquid or mixed paints, and in weight

avoirdupois in the case of paste or semi-paste paints.

Sec. 9. Penalty.—Whoever violates any of the provisions of this act or any section thereof shall be fined not less than twenty-five dollars nor more than one hundred dollars, or imprisoned in jail not more than sixty days, for each offense.

Sec. 11. Not applicalile to commodities to be shipped to another State.

Nothing herein shall apply to sales by any manufacturer or jobber

in quantities to any industrial plant, or to public service corporations, and any manufacturer, or jobber, may have on hand, keep or

store in this State paints, linseed oil, or turpentine not marked or branded in accordance with this act, if the same are intended to be

shipped into another State. Code, 1919, ch. 128, p. 12S0.

Sec. 3252 (1910). Oyster measures; dimensions of; sale by wine measure, when; penalty; measures may be seized, when.—It shall not be

lawful at any time for any person to buy or sell oysters in this

State in the shell by any other than one-half bushel or one bushel

metallic measures, and such measures shall be iron circular tubs with

straight sides and straight solid bottoms with holes in bottom, if desired, for draining, such holes to be no larger, however, than one inch

in diameter. A half bushel tub shall have the following dimensions

(all measurements to be from inside to inside) : Fifteen inches

across the top, thirteen inches across the bottom, and seventeen inches

diagonally from the inside chine to the top ; and a bushel tub shall measure eighteen and one-half inches across the top, seventeen inches

across the bottom, and twenty-one and one-half inches diagonally from

the inside chine to the top. When oysters are bought or sold out of the

shell it shall be by wine measure, according to the standard prescribed

for such measure by section fourteen hundred and sixty-eight ^ of this

code. Any person violating any provision of this section shall be

fined not less than twenty-five nor more than one hundred dollars

for each offense. Moreover, if any inspector or other oyster official have reason to believe that measures not conforming to the above

requirements are used on board any vessel or craft, or in any oyster

house, he is hereby empowered to search for, seize and destroy such

unlawful measures.

Sec. 3265. Resistance to officer or authorized person by threats, etc.; penalty.—Any person found guilty of resisting or impeding an officer or other person authorized to make arrests, seizures, examinations

or other performances of duties under this chapter shall be fined not

less than fifty nor more than five hundred dollars, and if any person, by threat, force or display of firearms or other weapons, resist or attempt to prevent arrests, seizures, examinations, or other

performances of duties, by said officer or other person he shall,

upon conviction thereof, be confined in jail not exceeding one month,

" Sec. 1468 repealed by Laws, 1924, ch. 216, p. 321, which see, supra.
854 LAWS CONCERNING WEIGHTS AND MEASURES

and fined not less than one hundred nor more than one thousand

dollars.

See. 3266. Who may make arrest or seize vessel.—^Any member of

the commission of fisheries, all inspectors and other officers in the

service, shall have authority, with or without warrant to arrest any

person and seize any vessel, boat, craft or other thing used in violating any of the provisions of this chapter, together with the cargo

of such vessel, boat, or craft, and they shall have the same authority

as constables have to summon the posse comitatus to aid them in

making such arrest and seizure; and ivny vessel, boat, craft or other

thing, together with the cargo so seized, when not forfeited to the

Commonwealth in proper proceedings, may be held by the inspector or other official who made the seizure or in whose district the same was seized, until the accused has paid the penalty of his offense if upon trial he is found guilty, or has settled the amount agreed on

without trial or has, upon trial, been acquitted, as the case may be.

Sec. 3273°. Penalty oa inspector for neglect of duty as to sealing and

inspecting; destruction of unauthorized measures.—If any inspector fail to comply with the requirements for inspecting and sealing, he shall be fined twenty dollars for each olfense. If an inspector have reason

to believe that other measures are used on board any vessel or craft

than such as are hereinbefore ]3rescribed, he shall seize and destroy

said measures.

Code, 1919, Vol. 1, ch. 58, p. 523.

Sec. 1407°. Barrels containing breadstuffs, how made.—All barrels

containing flour, meal, and bread, offered for inspection, shall be

made of good seasoned timber, either split or sawed, with ten hoops,

well nailed with four nails in each chine hoop and three nails in each

bilge hoop. The stave shall be twentv-seven inches long, and the

head seventeen inches and a half in diameter. In half barrels the

staves shall be twentj'-three inches long and the head twelve and a half inches in diameter.

Sec. 1408. What quantity to contain.—Each barrel of flour or corn meal shall contain one hundred and ninety-six pounds of flour or meal and each half barrel ninetj'-eight pounds; and in case of defi- cient quantity, any person offering such flour or meal for inspection

shall forfeit eight cents for each pound of such deficiency not ex- ceeding three, and seventeen cents for each pound over three.

Sec. 1409. Size of fish barrels.—All fi.sh offered for inspection shall be packed, all of one kind in barrels of well-seasoned strong timber,

clear of sap. not less than five-eighths of an inch thick, made tight,

with at least twelve hoops, containing not less than twenty-eight

gallons. * *

*

Sec. 1410. Beef and pork, weight of barrel.—All barrels containing

pork or beef offered for inspection shall be made of the same kind

of timber, and of the same thickness and strength, as is prescribed

for fish barrels, and shall contain at least two hundred and four

pounds net of good, clean, fat, sound, merchantable meat, well salted

between each laA'er, and well piclded. There shall not be more than

two heads in any one barrel of pork, and the whole shall be well

salted and cured before it is packed.

Sec. 1411. Barrel for pitch, tar, or turpentine capacity.—All barrels

of pitch, tar, or turpentine offered for inspection shall contain at
VIRGINIA 855

least thirty-one gallons and a half, and be full of good, clean, sound,

and merchantable tar, pitch, or turpentine.

Sec. 1412. How barrels for salt made.—All barrels containing salt offered for inspection shall be made of good, seasoned materials, with

at least ten hoops, with four nails in each chine hoop, and three nails

in each upper bilge hoop, and not exceeding thirty inches in length

and eighteen inches in diameter across the head within the chine.

Sec. 1413. Lumber; staves.—All lumber offered for inspection shall be of the following dimensions and quality

First-—Long butt staves: Long butt staves, five feet six inches

long, short butts, four feet six inches long; and both five inches wide,

two inches thick on the thin edge, and not more than two and a half

inches thick in any place Avhen dressed

Second—Pipe and hogshead staves : Pipe staves, four feet six

inches long, three inches wide, and three-(]uarters of an inch thick on

the thin edge, when dressed; hogshead staves, three feet six inches

long, three inches wide, and tliree-cjuai'ters of an inch thiclc on the

thin edge, when dressed; rough hogshead staves of the same dimensions as the dressed

Third—Barrel staves: Barrel staves, when dressed, and rough

barrel staves, shall be two feet eight inches long, three inches wide,

and three-quarters of an inch thick

Fourth—Hogshead heading: Hogshead heading shall be twentyeight, thirty, and thirty-two inches long, with a due proportion of

pieces of each length; they shall be five inches wide, and threequarters of an inch thick on the thin edge, when dressed ; and all of

the above-mentioned lumber shall be of good white oak;

Fifth—Ked oak hogshead staves: Red oak hogshead staves shall be three feet six inches long, three and a half inches wide including

sap, and three inches wide clear of sap, and three-fourths of an inch

thick on the thin edge, when dressed

Seventh—Shingles: Building shingles shall be twenty-two inches

long, four inches wide, and five-eighths of an inch thick at the butt,

when dressed ; and shall be free from sap ; * * *. Sec. 1414. Hemp boxes, size.—All hemp offered for inspection shall be strong, dry, sound, and merchantable, and shall be prized, either

before or when inspected, in bale boxes, three feet two inches long in

the clear, three feet deep, one foot eight inches wide at the bottom,

and two feet at the top.

Sec. 1415. Owner, etc., to mark weight and tare.—Every barrel of

flour, corn meal, bread, fish, pork, beef, tar, pitch or turpentine;

every barrel, box, or bag of salt, and every bale of hemp made, packed

or filled in this State and offered for inspection shall have the weight

and tare thereof marked thei-eon by the manufacturer, packer, or

filler thereof.

Sec. 1417. Violations of two preceding sections punished.—For every

barrel, box, bag, or bale of any of the commodities mentioned in the

two ® preceding sections, offered for inspection, or removed from the

manufactory contrary to either of said sections, the person offering

the same for inspection, or the manufacturer, shall forfeit fifty cents; and if any person wilfully put a false tare or weight on any such

" Sec. 1416 refers to individual brands or marlcs of manufacturers and is omitted here, as not being relevant to weights and measures.
856 LAWS COITCEENING "WEIGHTS AND MEAST7EES

barrel, box, bag, or bale, he shall forfeit one dollar on every such

barrel, box, bag, or bale.

Sec. 1421. Barrels of salt, gi'oss weight and tare to be marked; weight

of empty barrel.—If an inspector of salt judge the same to be merchantable, and, if packed in barrels, that they are such as are re- quired, he shall mark or brand each barrel, box, or bag, in a durable

way, with the name of his county, and with the quality thereof, as

, number " one," " two," or " three." He shall also weigh each barrel,

box, or bag, and mark the same in like manner, with the gross

weight, and with the tare, allowing for each barrel of salt twentyeight pounds for the tare. But if he finds that the barrel exceeds

that tare, he shall cause the true tare to be marked thereon, for

Avhich he shall have an extra fee of one cent on each barrel, bag, or

box.

Sec. 1422. How alum salt branded.—In the case of alum salt (not to

Ije exported in bulk), the inspector may examine the same in bulk, if desired, but sliall. afler it is packed, weigh and mark or brand the same, as directed in the preceding section, and also with the words

" ahnn salt."

Sec. 1423. When he may pass or weigh salt.—No inspector shall pass

any salt in a barrel of larger dimensions than is prescribed, nor shall

any salt be weighed b}' him until it lies twenty-four hours, at least,

and such additional time after packing, as the inspector shall deem

sufficient for draining it. Sec. 1427. Hemp, how labeled.—If any inspector judge any hemp

offered to him for inspection to be strong, dry, sound, and merchantable, and packed in bale boxes of the proper size, he shall annex

thereto a label, stamped with the quality and weight of each bale,

distinguishing such as is clean, as well as dry and well conditioned,

as " first " quality, and such as is not perfectly clean, though dry and

well conditioned, as " second " or " third " quality.

Sec. 1435. When packages to be reweighed; expense of repacking.—An

mspector, if he suspect any commodity on which the tare is marked

to be falsely marked, or if the purchaser request it, shall unpack any

barrel or other parcel of such commodity, and if he find the tare greater than is marked, the manufacturer or packer and filler who

sold the same shall pay the expense of unpacking or repacking, in

addition to any penalty imposed by law. But if otherwise, the said

expense shall be paid by the inspector, if he acted on his own sus- picion, or by the purchaser, if the trial was made at his request.

Sec. 1439. Penalty for selling articles falsely marked.—If any person

sell, or offer to sell, any such commodity in barrels, or other package

or parcel, known by him to be of less weight, size, and gauge (after

allowing for ordinary shrinkage and loss of weight) than is required

by law, or than is marked or branded thereon, or than is stated in the

certificate of the inspector thereof, he shall forfeit ten dollars for

every such barrel, package, or parcel so sold or offered for sale. Sec. 1441. Penalty on inspector for falsely marking, etc.—If any in- spector or culler mark or brand any barrel or other package of any

such commodity, or give a certificate of his having inspected any

lumber or salt in bulk, without having actually inspected the same,

or pass or brand any such commodity as merchantable which he

knows to be unfit to pass (unless ordered by reviewers, according to law), or permit any other person to use his mark or brand for that
mGIlQA 857 .

purpose, or be guilty of any wilful neglect or omission of his duty

as inspector, he shall be fined fifty dollars for every such offense. Code, 1919, Vol. 1, eh. 58, p. 512.

Sec. 1354°. Sampling, weighing, and branding tobacco.—The samplers

shall uncase and break every hogshead, cask, tierce, or box of tobacco

brought to their respective warehouses to be sampled; weigh and

sample it, and mark, or brand the same, as " Virginia," or " Western," according to the facts; and also, with the name of the warehouse, the tare of the hogshead, cask, tierce, or box; the quantity

of net tobacco therein, and the condition thereof. The net weight

shall be ascertained by weighing the hogshead, cask, tierce, or box,

before it is uncased, and deducting therefrom the weight of the

empty hogshead, cask, tierce, or box. The sample shall not exceed

eight pounds in weight, iind shall belong to the buyer of the tobacco

from whom it was taken.

Sec. 1355 (1899-00). Weighing leaf tobacco in warehouses; proprietors

to furnish itemized statements ; penalty.—All leaf tobacco sold upon the

floor of any tobacco warehouse in the State of Virginia shall first be

weighed by some reliable person who shall have first sworn and subscribed to the following oath—to wit : * * * The proprietor of each and every warehouse shall render to each

seller of tobacco at his warehouse a bill plainly stating the amount

charged for weighing and handling, the amount charged for auction

fees, and the commission charged on such sale, or any other charges

made for selling and handling such tobacco.

For each and every violation of the provisions of this section a penalty of ten dollars may be enforced, and the same may be recov- ered by any one so offended.

Sec. 1387°. Proprietors to furnish scales, etc.—The proprietor of

every warehouse shall have proper scales or balances and weights,

and all other proper conveniences provided, and see that they are kept in repair, and that the weights conform to the lawful standard.

Code, 1919, Vol. 1, ch. 49, p. 420.

Sec. 1111, as amended by Laws, 1920, ch. 130, p. 107. How bags, etc., of fertilizers branded.—All manufacturers, dealers or agents before

selling, or offering for sale, in this State any commercial fertilizer, or fertilizer material, shall brand on, or attach to each bag, barrel or package, the brand name of the fertilizer, the weight of the package, the name and address of the manufacturer, * * *. Sec. 1126 (1875-76). Fertilizers to be labeled; what label to use; standard measure of manures; measures branded.-—All commercial manures, and artificially manufactured or manipulated fertilizers,

brought into or manufactured in the State of Virginia, for sale,

and sold or kept for sale therein, shall have permanently affixed

to every sack, bag, barrel, box, or other package thereof, a stamped

or printed label, which shall specify legibly the name of the manufacturer and his place of business, the net weight of such sack, bag,

barrel, box, or other package * * *. And where stable manures,

or commercial manures, other tlian such as are sold or kept for sale in sacks, bags, barrels, boxes, or other packages, are sold or bought

in this State by the bushel, or by the cart load, or where the same

are upon sale, delivered in this State, the standard of such measures
858 LAWS CONCEBNING WEIGHTS AND MBASUBES

shall be as follows, to-wit : A bushel measure shall be no other than

stave measure, which shall be uniform in shape, and of the following dimensions: The bottom to be sixteen and a half inches across, from inside to inside; the top to be eighteen inches from inside to

inside, and twenty-one inches diagonally from the inside chine to the top. And in the measurement of such manures the tubs must be

filled to a slight rise above the top. All such measures must be

branded with the initials of the sealer of weights and measures of

the county or corporation where the buyer or seller, or either of

them, resides. Twenty bushels of the measure, above provided, shall constitute a merchantable cart load of such manures as are above

mentioned.

Sec. 1133 (al916). AgricTiltural lime, weight to be branded.—All

manufacturers, dealers or agents, before selling or offering for sale in this State any agricultural lime, shall brand on, or attach to, each bag, barrel or package, the brand name of the agricultural lime,

the Aveight of the package, the name and address of the manufacturer, * * *,

Code, 1919, Vol. I, cb. 51, p. 438.

Sec. 1205 (1916). Measuring utensils to be tested and marked; fees.

No bottle, pipette or other measuring glass or utensils shall be used

in this Commonwealth by any inspector of milk or cream, or by any

person in any milk-inspection laboratory, in determining by the

Babcock or any other centrifugal machine, the percentage of fat in

milk or cream for the purposes of insjDection or by any person in any

milk depot, creamerj^, cheese factory, condensed milk factory, or other place, in determining by the Babcock or other centrifugal

machine, the composition or value of milk or cream as a basis for

payment in buying or selling, until it has been tested for accuracy

and verified by the chief chemist, his assistants or other experts of

the department of agriculture and immigration of Virginia. Every

such bottle, pipette or other measuring glass or utensil shall be submitted to the dairy and food commissioner by the owner or user thereof to be tested for accuracy before the same is used in this Commonwealth for the purposes aforesaid. The said commissioner shall cause the bottle, pipette or other measuring glass or utensil so submitted, after the fees herein provided have been paid, to be tested in

the laboratory of the said department of agriculture and immigration. The owner or user shall pay to the said commissioner, as a fee for making the test, a sum not exceeding five cents for each bottle,

pipette or other measuring glass or utensil tested. Any bottle,

pipette or other measuring glass or utensil that has been tested and

verified as aforesaid shall be marked by the chief chemist, his assist- ants or other experts of the said department of agriculture and immigration, to indicate the fact of such test or verification; or if tested

and found to be inaccurate, may be marked by him or them to indi- cate that it is inaccurate. No bottle, pipette or other measuring glass or utensil that has been marked by the said chief chemist, his as- sistants or other experts of the said department of agriculture and

immigration to indicate that it is inaccurate shall be used in this Commonwealth by any person in determining the composition or value of milk or cream.
VIRGINIA 859

Sec. 1206. Inspection of centrifugal machines and scales; when con- demned; fees.—Every Babcock or other centrifugal machine, or cream

test or butter fat test scale, used in this Commonwealth by any in- spector of milk or cream or by any person in any milk inspection

laboratory for determining the composition of milk or cream for

purposes of inspection, or by any person in any milk depot, ice cream

factory, confectionery, creamery, cheese factory, condensed milk

factory, laboratory or other place for determining the composition

or value of milk or cream as a basis for payment in buying or selling,

shall be subject to inspection at least once in each year by the dairy

and food commissioner, his assistants or agents. The owner or user of any such scale shall pay to the said commissioner as a fee for making such annual inspection the sum of one dollar for each scale inspected. Any Babcock or other centrifugal scale used as aforesaid, that is not in the opinion of the said commissioner or his assist- ants or agents in condition to give accurate results, may be con- demned by the commissioner or his assistants or agents. No Babcock

or other centrifugal machine or scale that has been condemned by

said commissioner or his assistants or agents as not in condition to give accurate results shall be used in this Commonwealth by any per- son for determining the composition or value of milk or cream as aforesaid, unless the machine or scale be changed to the satisfaction

of the said commissioner or his assistants or agents, and approved

by him.

Sec. 1208. To whom certificates issued ; rules for application and examination therefor ; standards of milk and cream measure ; samples.—* * * The dairy and food commissioner is hereby authorized to fix such

standards and to issue such regulations as may be deemed necessary

to carry out the provisions of law ; but in the use of the Babcock or other centrifugal machine, the standard milk measurer or pipettes

shall have a capacity of seventeen and six-tenths cubic centimeters

and the standard test tubes or bottles for milk shall have a capacity

of two cubic centimeters for each ten per centum marked on the

necks thereof; cream shall be tested by weight and the standard

unit for testing shall be eighteen grams, and it is hereby made a violation of law to use any other standard of milk or cream measure where milk or cream is purchased by or furnished to creameries or

cheese factories, and where the value of said milk or cream is determined by the per centum of butter fat contained in the same or where the value of milk or cream is determined by the per centum of

butter fat contained in the same by the Babcock or other centrifugal

test or cream test or butter fat test scales. In sampling milk or cream from which composite tests are to be made to determine the per

centum of butter fat contained therein, no such sample or sampling

shall be lawful unless a sample be taken from each weighing, and the

quantity thus used shall be proportioned to the total weight of the

milk or cream tested.

Sec. 1209. Tests of measuring glasses or utensils; inspection of machines and scales annually ; collection of fees ; entry by commissioner and

agents upon certain premises.—^It shall be the duty of the dairy and

food commissioner and he is hereby authorized, to test or cause

to be tested all bottles, pipettes and other measuring glasses or

utensils submitted to him as provided in section twelve hundred and
860 LAWS COKCEKNING WEIGHTS AND MEASURES

five, to inspect or cause to be inspected at least once each year every

Babcock or other centrifugal machine or cream test or butter-fat

test scales used in this Commonwealth by an inspector of milk or cream or by any person in any milk-inspection laboratory for

purposes of inspection, or by any person in any milk depot, ice- cream factory, confectionery, creamer}^, cheese factory, condensedmilk factory, or other place for determining the composition or value

of milk or cream as a basis for paj'ment in buying or selling, and to

collect or cause to be collected the fees provided for by law. The

said dairj' and food commissioner, his assistants or agents, are further authorized to enter upon any premises in this Commonwealth where any centrifugal machine or cream test and butter-fat

test scales is used as aforesaid to inspect the same and to ascertain

if the provisions of law are complied with.

Sec. 1210. Penalty for over-reading or under-reading, etc., test effect of tender of payment.—Any person who shall by himself or as the officer, servant, agent or employee of any person, firm or corporation,

falsely manipulate or underread or overread the Babcock test or any other contrivance used for the purpose of determining the

amount of milk fat in milk or cream, or who shall make any false determination of any test or contrivance used for the purpose of

determining the amount of milk fat in any dairy products, shall be guilty of a misdemeanor. The tender of payment for milk or cream at any given test, shall constitute prima facie evidence that

such test was made.

Code, 1919, Vol. 1, ch. 52, p. 471.

Sec. 1234 (1910). What must be on exterior of package, etc., of con- centrated comrnercial feeding stuff.—Every lot or parcel of concentrated commercial feeding stuff sold, offered or exposed for sale within this State, shall have affixed thereto, or printed thereon, in a conspicious place on the outside thereof, a legible and plainly

printed statement, in the English language, clearly and truly certi- fying the net weight of the paclvage ; the name, brand or trade-mark

under which the article is sold ; the name, and address of manufacturer, jobber or importer; * * * But all concentrated commercial feeding stuffs shall be in standard-weight bags or packages of twenty-five, fifty, seventy-five, one-hundred, one hundred and

twenty-five, one hundred and forty, one hundred and fifty, one hundred and seventy-five, and two hundred pounds.
WASHINGTOir

Pierce's Code, 1921, Vol. 1, p. 2027.

Sec. 7251 (1913). National standards adopted as State standards; State standards to govern; false standards.—The weights and measures, re- ceived from the United States under a resolution of Congress approved June 14, 1836, and such new weights and measures as shall be

received from the United States as standard weights and measures

in addition thereto or renewal thereof, and such as shall be supplied

by the State in conformity therewith and certified by the National

Bureau of Standards, shall be the State standards, by which all county and municipal standards of weights and measures shall be

tried, approved and sealed. All weights, measures, scales, scale beams, patent balances, steel- yards, automatic or computing scales, or other instruments for

weighing or measuring, by which any merchandise, commodity or thing is bought or sold by weight or measure, or offered or exposed

for sale, shall conform to the State standards herein prescribed.

Any weight, measure, scale, scale beam, patent balance, steelyard,

automatic or computing scale or other instrument or device for

weighing or measuring which does not conform to such State standards is hereby declared to be a false weight or measure.

Sec. 7252 (al917). Department of weights and measures established;

deputy superintendent and inspector authorized; duties of superintend- ent ; standards to be tested ; county and city standards tested ; institution's weights and measures tested annually; annual report; county and city

standards tested biennially ; powers of local inspector ; instructions to be

issued; bond.—There is hereby created a department of weights and

measures in and for the State of Washington.^ The secretary of

state shall be ex officio superintendent of weights and measures and

the head of the department herein created. He shall appoint a deputy superintendent of weights and measures and one inspector

whose terms of office shall expire with that of the superintendent.

The deputy shall receive a salary of twenty-four hundred dollars per

annum, and the inspector shall receive a salary of fifteen hundred

dollars per annum. He shall also appoint as many persons as he

shall deem necessary, not to exceed twelve in number, as local in- spectors, who shall be known as State sealers and who shall receive a compensation to be determined by the superintendent, and shall

be removable at will by him: Provided^ further^ That the total ex- penditures for this department shall not exceed $35,000 for any

biennium. There shall be allowed for maintenance of the department of weights and measures such sums as shall be appropriated by

the legislature. The superintendent shall take charge of the State

standards, cause them to be kept in a safe and suitable place in the

office of the superintendent, from which they shall not be removed

except for repairs or for certification, and he shall take all other

necessary precautions for their safe-keeping. He shall maintain the

^ See see. 4-1, et seq., infra, p. 869. 861
862 LAWS CONCEKNING WEIGHTS AND MEASURES

State standards in good order and shall submit them at least once in ten years to the National Bureau of Standards for certification. He

shall at least once in five years try and prove by the State standards

all weights, measures and other apparatus which may belong to any

county or city, and shall seal such when found to be accurate, by

stamping on them with seals which he shall have and keep for that

purpose, the letter " W" and the last two figures of the year in which

the same are sealed. He shall have and keep a general supervision of

the weights, measures and weighing and measuring devices offered

for sale, sold or in use in the State. He shall, upon the written re- quest of any citizen, firm, corporation or educational institution in

the State, test or calibrate weights, measures, weighing or measuring

devices and instruments or apparatus used as standards in this State. He, or his deputy, or his inspectors, by his direction, shaU, at least once annually, test all scales, weights and measures used in checking

the receipts or disbursements of supplies in every institution for the

maintenance of which moneys are appropriated by the legislature,

and he shall report in writing his findings to the supervising board

and to the executive officer of the institution concerned, and at the

request of such board or executive officer, the superintendent of

weights and measures shall appoint in writing one or more employes, then in the actual service of each institution, who shall act as special deputies for the purpose of checking the receipts or dis- bursements of supplies. He shall keep a complete record of the

standards, balances and other apparatus belonging to the State and

take receipt for same from his successor in office. He shall annually, on the first day of October make to the governor a' report of the work

done by his office. The State superintendent, or his deputy, or in- spectors at his direction, shall inspect all standards and apparatus

used by the State sealers and cities of the first class, having a population of more than 50,000 people, at least once in two years, and

shall keep a record of the same. He or his deputy or inspectors, at his direction, shall at least once in two years visit the various cities and counties in the State, in order to inspect the work of the local

sealers, and in the performance of such duties he may inspect the

weights, measures, balances or any other weighing or measuring

appliances of any citizen, firm or corporation, and shall have the same powers as the local sealer of weights and measures. The superintendent shall issue from time to time, regulations for the guidance

of State and city sealers, and the said regulations shall govern the

procedure to be followed by the aforesaid officers in the discharge of

their duties. The deputy State superintendent of weights and measures shall forthwith, on his appointment, give a bond in the penal sum of $5,000.00 with sureties to be approved by the governor for

the faithful performance of the duties of his office, and for the safety

of the standards entrusted to his care, and for the surrender thereof

immediately to his successor in office or to the person appointed by

the governor to receive them.

Sec. 7253 (1917). Jurisdiction over weigMng devices of common carriers.—The secretary of state as ex-officio superintendent of weights

and measures,^ shall have the power and it shall be his duty to exer2 These duties transferred to director of agriculture. See p. 869.
WASHINGTON 863

cise all the powers and perform all the duties noAV vested in and

required to be performed by the public service commission with re- spect to weighing devices used by common carriers other than track

scales, and such scales and devices shall be subject to the rules and

regulations promulgated by the superintendent of weights and

measures.

Sec. 7254 (al917). Public standards for city and State sealers.—The

superintendent of weights and measures, and the common council or

city commission of each city having a population of more than fifty

thousand people shall procure at the expense of the State or city,

and shall keep at all times a complete set of weights and measures and other apparatus, of such materials and construction as the said

superintendent of weights and measures may direct. All such

weights, measures and other apparatus having been tried and accurately proven by him, shall be sealed and certified to by the State

superintendent as hereinbefore provided; and shall then be deposited with and preserved by the city sealer as public standards

for such city, and by the State sealer for use as public standards

in any county in the State. Whenever the common council or city commission of any such

city shall neglect for six months so to do, the city clerk or comptroller of said city, on notification and request by the superintendent

of weights and measures, shall provide such standards and cause

the same to be tried, proved, sealed and deposited at the expense of

such city. Sec. 7255 (al917). Powers of State sealer; packages of commodities to be weighed ; violation ; may condemn and seize.—Where not otherwise

provided by law the State sealer shall have the power to inspect,

test, try and ascertain if they are correct, all weights, scales, beams, measures of every kind, instruments or mechanical device for meas- urements and tools, appliances or accessories connected with any or

all of such instruments or measures kept for the purpose of sale, sold or used or employed within any county in the State by any proprietor, agent, lessee or employee in proving the size, quantity or extent, area or measurement of quantities, things, produce, articles for dis- tribution or consumption offered or submitted by such person or per- sons for sale, for hire or award ; and he shall have the power to and

shall from time to time weigh or measure packages or amounts of

commodities of whatsoever kind kept for the purpose of sale, offered

for sale or sold, or in the process of delivery, in order to determine

whether the same contains the amount represented, and whether they

are being offered for sale or sold in a manner in accordance with law.

He may for the purpose above mentioned, and in the general per- formance of his official duties, enter and go into or upon, and without formal warrant, any stand, place, building or premises, or stop

' any vendor, peddler, junk-dealer, coal-wagon, wood-wagon, ice- wagon, delivery-wagon or any dealer whatsoever, and require him,

if necessary, to proceed to some place which the sealer may specify,

for the purpose of making the proper tests. Whenever the State

sealer finds a violation of the statutes relating to weights and measures, he shall cause the violator to be prosecuted. Whenever the

sealer compares weights, measures or weighing or measuring instru517—27 55
864 lAWS CONCEENING WEIGHTS AND MEASURES

ments, and finds that they correspond or causes them to correspond

with the standards in his possession, he shall seal or mark such

weights, measures or weighing or measuring instruments with appropriate devices to be approved by the State superintendent of

weights and measures. He shall condemn and seize and may destroy

incorrect weights, measures or weighing or measuring instruments

which can not be repaired ; and such as are incorrect and yet may be

repaired, he shall mark or tag as "condemned for repairs "—in a manner prescribed by the State superintendent of weights and measures. The owner or users of any weights, measures or weighing or measuring instruments of which such disposition is made, shall have the same repaired or corrected within ten days and they may neither use nor dispose of the same in any way, but shall hold the same at the

disposal of the sealer : Provided, That State sealers may, by direction of the secretary of state, perform the duties and exercise the

powers of deputies appointed by the secretary of state, pursuant to the provisions of [sec. 196] chapter 142, Laws of 1915, and acts amendatory thereto : Provided further, That deputies appointed by

the secretary of state pursuant to the provisions of chapter 142, Laws

of 1915, and acts amendatory thereto, may, by direction of the secre- tary of state, perform the duties and exercise the powers of [the

secretary of] state sealers as hereinbefore set forth.

Sec. 7256. City sealers in cities of over 50,000.—There shall be a city

sealer of weights and measures in cities of the first class having a population of more than fifty thousand people, to be appointed by

the mayor from a list to be furnished by the civil service board, and

under the rules of said board, where such board exists ; otherwise he

shall be appointed by the mayor by and with the advice and consent

of the common council or city commission. He shall perform in said

city the duties and have like powers as a State sealer: Provided,

however. That in every case where any city of the first class has

heretofore made, or may hereafter make provision by charter or ordinance for the enforcement of proper legal weights and measures

vesting general supervision and direction in any official at the head

of any department of such city, such official for the purpose of this

act, shall be ex officio sealer of weights and measures in such city,

and he and his subordinate or subordinates, shall have the duties

and powers of city sealers of weights and measures, and the powers

of such cities relative to weights and measures shall be additional to the powers granted sUch city by law or charter: And provided further, That the State sealer shall exercise no powers and discharge no

duties in any city of the first class having its own sealer of weights

and measures.

Sec. 7257 (1913). False weights and measures, using, possessing, re-

* moving tag from; using unsealed apparatus; penalties.—Any person,

who, by himself or his servant or agent or as the servant or agent

of another, shall use or retain in his possession a false weight or measure or weighing or measuring device, or any weight or measure

or weighing or measuring device which has not been sealed by a

sealer of weights and measures within one year, in the buying or

selling of any commodity, or thing; or who shall dispose of any

condemned weight, measure or weighing or measuring device con- trary to law, or remove any tag placed thereon by the sealer; or
WASHINGTON 865

any person who, by himself or by his servant or agent, or as the

servant or agent of another, shall sell or offer or expose for sale

less than the quantity he represents; or sell or offer or expose for

sale any such commodities in a manner contrary to law; or any

person who by himself or by his servant or agent or as the servant

or agent of another shall sell or offer for sale, or have in his possession for the purpose of selling any device or instrument to be

used to or calculated to falsify any weight or measure, shall be

guilty of a misdemeanor and shall be punished by a fine of not

less than twenty (20) dollars nor more than two hundred (200)

dollars, or by imprisonment in the county jail not more than three

months, or both such fine and imprisonment upon a first conviction,

but upon a second conviction he shall be punished by a fine of not

less than fifty (50) dollars, nor more than five hundred (500) dollars, or by imprisonment in the county jail not more than six months, or both such fine and imprisonment.

Sec. 7258. Arrests, etc., by sealers.—The superintendent of weights

and measures, his deputy and inspectors, and the county [State

sealers] and city sealer of weights and measures, are hereby made

special policemen, and are authorized and empowered to arrest,

without formal warrant, any violator of the statutes in relation

to weights and measures, and to seize, for use as evidence, and

without formal warrant, any false weight, measure or weighing

or measuring device or packages or amounts of commodities formd

to be used, retained or offered or exposed for sale, or sold in violation

of law.

Sec. 7259. Obstructing officers; penalty.—^Any person who shall

hinder or obstruct, in any way, the superintendent of weights and

measures, his deputy or inspectors, or any county or city sealer,

in the performance of his official duties, shall be guilty of a misdemeanor, and shall be punished upon conviction thereof, in any

court of competent jurisdiction, by a line of not less than twenty (20) nor more than two hundred ($200) dollars or by imprisonment in

the county jail for not more than 90 days or by both such fine and

imprisonment.

Sec. 7260, as amended by Laws, 1823, ch. 126, p. 342. Butter, sale by

standard packages; bread, standard loaves; variations; return of bread;

potatoes; berries; coal; penalty; milk; vinegar; net weight or measure to govern; ice; official weights; penalty; firewood; standard unit or load.—

standard package or container of butter in the State of Washington

shall contain sixteen (16) ounces net weight or thirty-two (32) ounces net weight, and a standard package or container need have no

statement of the net weight of its contents. Whenever butter is sold or offered for sale in a package or container the net weight of which is more or less than the standards

herein described, such package or container shall be labeled in plain

English words or figures with the correct net weight of its contents expressed in pounds and ounces together with the name of the manufacturer or jobber.

That no person, firm or corporation shall hereafter manufacture,

sell, offer or expose for sale bread, except in the following weights,

which shall be net weights twelve hours after baking: One pound,

one and one-half pounds, two pounds, three pounds, four pounds and
866- LAWS CONCEBNING WEIGHTS AND MEASTJEES

five pounds, or other pound weights. Variations at the rate of one

ounce per pound over, and one ounce per pound under above specified

unit weights are permitted in individual loaves, but the average

weight of not less than twelve loaves of any one unit of any one kind

shall not be less than the weight prescribed by these regulations for

such unit.

That no person, firm or corporation engaged in the manufacture

of bread, or other bakery products, for sale, shall hereafter, directly or indirectly accept under any guise or arrangement whatever, re- turns of bread or other bakery products from any person, firm or

corporation, nor make cash payments, nor allow credit to any retailer or other person for any unsold bread or other bakery products; nor

shall any manufacturer of bread or other bakery products exchange

any bread or other bakery products for other bread or other bakery

products previously sold by said manufacturer.

A standard sack of potatoes in the State of Washington shall contain one hundred (100) pounds net weight, and a standard sack of

potatoes need have no statement of the weight of its contents. Whenever potatoes are sold by the sack, in sacks containing more or less than the standard, such sack shall be labeled in plain English words

or figures with its true net weight.

All sales of blackberries, currents, strawberries, cranberries, blueberries, gooseberries, cherries and similar berries in packages con- taining less than one bushel, shall be sold by the dry quart containing

67.2 cubic inches or the dry pint containing 33.6 cubic inches, and

all berry boxes sold, used or offered for sale within the State shall

be of the interior capacity of 67.2 or 33.6 cubic inches, imless the same be labeled in plain English words or figures with its correct

interior capacity expressed thereon in cubic inches. Nothing in the

above section shall be so construed as to prevent the sale of any of

the articles therein mentioned by weight.

A standard sack of coal in the State of Washington shall contain one hundred (100) pounds net weight and a standard sack of coal

need have no statement of the net weight of its contents. Whenever coal is sold or offered for sale by the sack, in sacks con- taining more or less than one hundred (100) pounds net weight,

such sack shall be labeled in plain English words or figures with the

true net weight of its contents expressed in pounds. It shall be un- lawful for any person, firm or corporation or their agents, servants or other employees to misrepresent any coal offered for sale or to sell coal of any particular name or designation, or from any particular

mine imder the name or designation of another coal or mine.

All milk, cream or buttermilk sold in the State of Washington, in

bottles, shall be sold only in bottles containing one-half pint, one

pint, one quart, one-half gallon or one gallon standard liquid measure. All vinegar sold, exposed or offered for sale in the State of Washington, in bottles, shall be sold in bottles containing one-half pint, one pint, one quart, one-half gallon or one gallon standard liquid measure and when so sold need have no statement of the net measure

of its contents. Whenever vinegar is sold in the State of Washington in bottles containing more or less than mentioned in the foregoing section,
WASHINGTON 867

such bottles shall be labeled in plain English words and figures, with

its true net measure.

It shall be unlawful for any person, firm or corporation in the

State of Washington to buy any commodity upon the basis of weight

or measure except the same be bought upon the basis of the true net weight or measure and unless the scales or measures so used

shall bear the seal of a sealer of weights and measures and conform

to the standards adopted by the State of Washington.

Every vendor of ice in the State of Washington shall at the time

of actual delivery of any ice sold, weigh the quantity of ice delivered,

and for that purpose shall use a steelyard balance or other apparatus

for weighing such ice, which shall have been duly adjusted and sealed

by a duly appointed sealer of weights and measures in accordance

with the provisions of the laws of the State of Washington, and all ice delivered to consumers within this State shall be sold by avoirdupois weight unless it is otherwise specially agreed upon between

the buyer and the seller. Each and every pair of ice tongs used in the delivery of ice within

said State shall have prominently and conspicuously stamped thereon

the exact and true avoirdupois weight of said tongs. It shall be unlawful for any vendor, or his servant, agent or other

employee in the State of Washington, to offer to sell, or sell, or sell and deliver any commodity ordinarily and usually sold in bulk or quantity by weight or measure, unless the same be weighed or measured as the case may be upon or by officially tested and approved

weights, measures, scales, scale-beams, patent balances, steelyards,

automatic or computing scale or other instruments for weighing or measuring, and unless that portion of such commodity so offered

for sale or sold by weight or measure shall be the true net weight

or measure.

It shall be unlawful for any vendor of firewood in the State of

Washington, or his servant, agent or other employees to sell or offer for sale the same in the State in any quantity or by any measures

except by the cord or fractional part thereof. The standard meas- urements of a cord of firewood in this State is hereby fixed and

established at one hundred twenty-eight (128) ciibic feet: Provided,

however, That wood sixteen (16) inches or less in length may be sold

without being measured as above provided, but if so sold by the unit

or load or fractional part thereof, such wood shall be measured by

throwing the same loosely or at random into a rectangular box or container and when so measured one hundred ninety-two (192) cubic

feet shall constitute a unit or load of wood.

Every vendor of firewood, his servant, agent or other employees

shall, with every delivery of firewood, deliver to the purchaser a sales ticket or bill in writing containing the vendor's name and address,

and a true statement of the quantity delivered and the price thereof,

and the kind and condition of the same. Any person violating any of the provisions of this section shall be

guilty of a misdemeanor.

Sec. 7260a (1919). Standard package or container for cranberries.—

standard package or container for cranberries in this State shall contain one thousand nine hundred forty-two (1,942) cubic inches and
868 LAWS CONCEKNING WEIGHTS AND MEASURES

be equivalent to one-third of a United States cranberry barrel,^ and

need have no statement of its cubical contents but shall be marked

in plain letters, not less than one-quarter inch in height, " ONETHIRD UNITED STATES CRANBERRY BARREL," or the

net weight of the contients [contents] thereof.

Sec. 7260b. Marking less than standard packages at wholesale.—All

cranberries offered for sale at wholesale in this State, in packages

or containers, the cubical contenfits [contents] of which are less than

the standard above defined, shall be marked in plain letters and fig- ures, not less than one-quarter inch in height, with the cubical contents in inches or the net weight of the contents.

Sec. 7260c. Standard for retail sales.—Cranberries sold at retail shall be sold by dry measure quarts containing sixty-seven and two-tenths

(67.2) cubic inches, or dry measure pints containing thirty-three and

six-tenths (33.6) cubic inches or by weight.

Sec. 7260d. Penalty.—Every person violating any provision of this act shall be deemed guilty of a misdemeanor.

Sec. 7261 (1913). Public service commission's powers not abrogated.

Nothing contained in this act* shall be construed as withdrawing or superseding the powers and duties of the public service commission

of Washington with respect to track scales and other weighing de- vices used by common carriers, but the standards herein established

shall be used in testing the track scales and weighing devices of such

carrier.

Sec. 7262 (1907). Coal, weight of gross and net ton.—That 2,240

pounds shall constitute a gross ton of coal, and 2,000 pounds shall constitute a net ton of coal.

Sec. 7263. Penalty for short weight.—Any person selling less than

2,000 pounds for a ton shall be guilty of a misdemeanor and upon

conviction thereof shall be fined not less than twenty-five dollars

($25.00) nor more than five hundred dollars ($500.00) or imprisoned

in the county jail not less than ten days nor more than six months,

or fined and imprisoned both, in the discretion of the court.

Sec. 7264 (1903). Standard sise for apple and pear boxes.—There is hereby created and established a standard size for apple boxes and

pear boxes for the State of Washington.

Sec. 7265. Same ; measurements.—The standard size of an apple box

shall be eighteen inches long, eleven and one-half inches wide, ten and one-half inches deep, inside measurement. The standard size of a pear box shall be eighteen inches long, eleven and one-half

inches wide, eight inches deep, inside measurement.

Sec. 7266 (1890). Unit of water.—That the unit of measure for

water for irrigation, mining, milling and mechanical purposes in

this State shall be a cubic foot of water per second of time.

Sec. 7204 (1917). Units of measurement.—The legally recognized

units of water measurement shall be as follows : For flowing water

one cubic foot of water per second of time, and to be designated

" second-foot." For absolute volume or quantity of water—fortythree thousand five hundred sixty cubic feet of water, and to be

designated " acre-foot."

2 See p. 20 relative to Federal standard barrel.

* Sec. 7261 was enacted as see. 10 of eh. 52, Laws of 1913, which includes sees 7251

to 7260. inclusive, except 7253, supra.
WASHINGTON 869

Sec. 7267 (1890). Deduction of tare on hops; bale of hops.—The

amount of tare to be deducted from the gross weight of each bale of

hops grown and hereafter sold in this State is hereby fixed at five pounds per bale. Five yards of baling cloth is the maximum quantity to be used in making the bale, and the standard weight of each

yard of baling cloth is hereby fixed at from twenty-four to thirty

ounces. The standard weight for a bale of hops is hereby fixed at from one hundred and seventy-five to two hundred and ten pounds.

Any vendor of hops using heavier sacking than that specified in this

section, or using any extraneous matter in the baling thereof, shall

have the same deducted as additional tare. Pierce's Code, 1921, Vol. 1, p. 842.

Sec. 2722, as amended by Laws, 1923, ch. 37, p. 84. Packages containing

apples, pears, or peaches to be marked with net weight or number.—It shall be the duty of every person growing or packing and selling,

offering for sale or shipping in closed boxes or packages, any fruit

grown in this State, to plainly mark the same on the outside of the

box or package with the name of the variety contained therein or with the words " variety unknown," the name of the place or locality

where grown and the name of the grower, or in case of sale or shipment through an association or organization of growers, the name of

such association or organization and the lot number of the grower,

and, in case of apples, pears, or peaches, the net weight or the number contained in the package * * *,

Pierce's Code, 1921, Vol. 1, p. 10.

Sec. 4-1 (1921). Administrative code.—This act shall be known and

may be cited as the administrative code.

Sec. 4^2. Departments created.—There shall be, and are hereby cre- ated, departments of the State government which shall be known

respectively as, (1) the department of public works, * * * (g)

the department of agriculture, * * * which departments shall

be charged respectiA^ely with the execution, enforcement, and administration of such laws, and invested with such powers and re- quired to perform such duties, as the legislature may provide.

Sec. 4-83. Department of agriculture, divisions.—The department of

agriculture shall be organized into, and consist of, five divisions, to be known respectively as, (1) the division of agriculture, (2) the

division of horticulture, (3) the division of dairy and livestock, (4)

the division of foods, feeds, drugs, and oils, and (5) the division of

weights and measures. The director of agriculture shall have charge

and general sujDervision of the department and shall receive a salary

of not to exceed seventy-five hundred dollars per annum.

Sec. 4-87. Supervisor of foods, feeds, drugs, and oils.—The director

of agriculture shall have the power to appoint and deputize an

assistant director, to be known as the supervisor of foods, feeds,

drugs, and oils, who shall have charge and supervision of the division of foods, feeds, drugs, and oils, and, with the approval of the

director, shall have power to appoint and deputize such inspectors,

and to appoint and employ such clerical and other assistants, as may

bet necessary to carry on the work of the division.

Sec. 4-88. Supervisor of weights and measures.—The director of agriculture shall have the power to appoint and deputize an assistant
870 LAWS CONCEENING WEIGHTS AND MEASUBES

director, to be known as the supervisor of -weights and measures, who shall have charge and supervision of the division of weights

and measures, and, with the approval of the director, shall have

power to appoint and deputize such sealers, testers, and inspectors,

and to appoint and employ such clerical and other assistants, as may

be necessary to carry on the work of the division.

Sec. 4-94. Powers and duties of department of agriculture regarding

weights and measures.—The director of agi-iculture shall have the

power, and it shall be his dut}^, through and by means of the division of weights and measures

:

(1) To exercise all the powers and perform all the duties relating

to weights and measures, now vested in, and required to be performed

by, the secretary of state, the superintendent of weights and measures, the deputy superintendent of weights and measures, the in- spector of Aveights and measures, and the State sealers. Pierce's Cade, 1921, Vol. 1, p. 202.

Sec. 678 (1890). Cities may regulate weights and measures.—Any such

city [of the first class, having a populaton of twenty thousand or more inhabitants] shall have power * * *

16. To establish and regulate markets, and to provide for the

weighing, measuring, and inspection of all articles of food and drink

offered for sale thereat, or at any other place within its limits, by

proper penalties, and to enforce the keeping of proper legal weights

and measures by all venders in such city, and to provide for the

inspection thereof; * * *,

Pierce's Code, 1921, Vol. 1, p. 774.

Sec. 2538, as amended by Laws, 1923, ch. 36, p. 80.— * * * For

the purposes of this act an article shall also be deemed to be misbranded: * *

* In the case of food ; * * * Third. If in package form, the

quantity of the contents be not plainly and conspicuously marked on

the outside of the package in terms of weight, measure or numerical

count : Provided^ however. That the reasonable variations shall be

permitted, and tolerances and also exemptions as to small packages

shall be established by rules and regulations made in accordance

with the provisions of chapter 168, Session Laws of 1917. * * *

Pierce's Code, 1921, Vol. 2, p. 2578.

Sec. 8894 (1909). Using false weights and measures.—Every person

who shall injure or defraud another by using, with knowledge that

the same is false, a false weight, measure or other apparatus for determining the quantity of any commodity or article of merchandise,

or hj knowinglj' misrepresenting the quantity thereof bought or

sold; or who shall retain in his possession any weight or measure, knowing it to be false, unless it appears beyond a reasonable doubt

I hat it was so retained without intent to use it or permit it to be used

in violation of the foregoing provisions of this section, shall be

guilty of a gross misdemeanor.

Pierce's Code, 1921, Vol. 2, p. 2628.

Sec. 9131-9 (1877). Charcoal measure.—All baskets for measuring

charcoal, in this State shall contain two bushels and shall be of the
WASHINGTON 871

following dimensions, viz: Nineteen (19) inches in breadth in every

part thereof, and seventeen and one-half inches (I7i/^) deep, measuring from the top of the basket to the highest part of the bottom

and be well heaped : Provided^ That nothing in this act shall be con- strued so as to prevent the use of any basket, box or other measure in

conformity with the standard of measurements as provided in this section.

Sec. 9131-10. Penalty.—Any person or persons who shall violate the

provisions of the preceding section shall be liable to a fine of five dollars for each and every offense so committed, to be collected in

similar manner as other fines for similar cases are now collected, and

all fines collected as aforesaid shall belong to the school fund of the

county in which such offense or offenses may have been committed.

Pierce's Code, 1921, Vol. 1, p. 26.

Sec. 84-3 (1919). Commercial feeding stuff, net pounds, to be shown.

Any person, company, corporation or agent, that shall sell, offer or expose for sale, any concentrated commercial feeding stuff in this

State shall * * * g^ig^ qj. cause to be affixed to every package or sample of such concentrated commercial feeding stuff, in a con- spicuous place on the outside thereof, a tag or label, which shall be

accepted as a guarantee of the manufacturer, importer, dealer, or

agent, and which shall have plainly printed thereon, in the English

language, the number of net pounds of concentrated commercial

feeding stuff in the package or bulk shipment, the name, brand or trade-mark under which the concentrated commercial feeding stuff is sold, the name and address of the manufacturer, importer, dealer or agent, * *

Sec. 85 (1899). Commercial fertilizers, weight to be marked.—Every

lot or parcel of commercial fertilizers or material used for manurial

purposes sold, offered or exposed for sale within this State, the retail price of which is ten dollars or more per ton, shall be accompanied

by a plainly printed label, stating clearly and truly the number of ten pounds of fertilizer in the package, the name, brand or trademark under which the fertilizer is sold, the name and address of the

manufacturer or importer, the place of manufacture * * *,

Pierce's Code, 1921, Vol. 1, p. 1564.

Sec. 5546 (1911). Railroads to provide facilities for testing track

scales ; test car or device ; track scales tested ; fees.—It shall be the duty

of all railroads operating in this State, to provide suitable facilities for the testing of all track scales used by such railroads. The commission [public service commission] is herebj^ authorized, after a hearing, upon its own motion and after notice to the railroads operating in this State, to order a suitable car or other device or facility to be provided by the railroad companies operating in this State, to be used in testing the track scales used by such railroads, the expenses

of providing such car, device or facility to be equitably and reason- ably apportioned among the different railroad companies by the commission. Such car, device or facility shall be used by the commission

to test the accuracy of all track scales, and the different railroad companies shall transport and move such car, device or facility without

charge therefor, to the different places designated by the commission

under such reasonable rules and regulations as the commission may
872 LAWS CONCEENING WEIGHTS AND MEASURES

prescribe. Such car, device or facility may be used in adjoining

States to test the scales of railroad companies and for that purpose

may be taken beyond the limits of the State under such reasonable

rules and regulations for the due care and return thereof as the commission may prescribe. The commission is hereby authorized to prescribe and collect a reasonable fee sufficient to cover the cost and

expenses connected therewith for the inspection and testing of all scales.

Sec. 5587. Weighing of freight; scale tests.—The commission shall

have power to enforce reasonable regulations for the weighing of

cars and freight oifered for shipment over any line of railroad, and

to test the weights made by any railroad and scales used in weighing

freight on cars.

Sec. 5679 (al907). Equipment of flat cars; stakes; weight deducted.

The stakes, standards, supports, stays, railings and other equipments,

appliances and contrivances necessary to effectually and suitably

equip and supply every and all flat cars, and cars belonging to any

and every railroad company, or person engaged in the business of

carrying for hire in this State shall constitute and be held con- sidered part and parcel of said cars, and the weight of same shall be

added to the weight of the cars, and shall be deducted from the

weight of the cargo, commodity, or product shipped on any and all such flat car or cars so that the freight charges shall be charged by

the carrier only on the cargo, commodity or product carried.

Sec. 5683 (1905). Scales at junctions.—That all railroad companies

operating as common carriers within the limits of this State shall hereafter be required to provide scales, and weigh at junction or at some common point within this State all cars loaded with lumber,

shingles or other forest products for shipment.

Sec. 5684. Charges, how based.—All charges for freight on said commodities, except where error is apparent, shall be based on the

weights determined by the weighing stations within the limits of

this State, and all bills of lading of railroad companies operating

within the limits of this State shall specify these provisions: Provided^ This act shall not apply to switching charges or to the handling of logs where the charge is by the car or by the thousand

feet.

Sec. 5685. Statement of weight; shipper's count.—Any railroad company's emploj'e acting as weigher shall upon request of any shipper

give him a statement showing gross and net weight of any shipment

by him. Sworn count and weight of shipper shall be presumptive

evidence of true weight where error in railroad weights is apparent.

Sec. 5686. Cars weighed separately.—All cars shall be weighed on the

scales separately, and not attached to other cars, and at a standstill. Sec. 5687. Penalty for violation.—In case of violation of the provisions of this act by any railroad company, it shall pay a penalty

of twenty dollars ($20) for every car it shall neglect to weigh and

bill within the State as above provided, to be recovered from such

company in action where there is any agent of such railroad company

who may be served with process, and the penalties recovered under

this act shall be paid into the county treasury in such county where

action is taken.
WASHINGTON 873

Sec. 5688. May contract regarding weights, when.—Nothing con- tained in this bill shall interfere with the right of the shipper and

carrier to enter into a private contract regarding weights when it is impracticable to weigh.

Sec. 5689 (1901). Eailroads to provide scales; freight charges based on

weight.—All railroad companies operating any railroad or any part

thereof within the limits of this State are required to provide scales and weigh at some common point or points within this State all cars loaded with lumber, shingles or any other forest products

destined for shipment to any and all points within the limits of

the State, and also carload shipments of said commodities to any

and all points outside of the limits of this State. Also that charges

for freight on said commodities be based on the weights determined

by the weighing stations within the limits of this State. Also that

all bills of lading of railroads operating within the limits of this

State specify said provision.

Pierce's Code, 1921, Vol. 1, p. 816.

Sec. 2642 (1919). Public warehouse; terminal v/arehouse.—The term

public warehouse when used in this act, includes any elevator, mill,

warehouse or structure in which grain, hay or peas are received from

the public for storage, shipment or handling, whenever such grain,

hay or peas are carried or intended to be carried to or from such

warehouse, elevator, mill or structure by a common carrier.

The term terminal warehouse, when used in this act, includes any

public warehouse situate in Seattle, Tacoma, Spokane or other

cities in the State which may be hereafter designated as inspection

points. * *

* The term commission when used in this act means the public service commission of Washington.

Sec. 2643. Duties of public service commission.—The commission shall

exercise general supervision over the handling, weighing, inspecting

and storage of grain, hay and peas and the inspection, grading and

weighing of other commodities included in the provisions of this act and the regulation of public and terminal warehouses. Such

commission shall investigate all complaints of fraud and injustice

in the grain and hay trade and in the trade in the other commodities

included in the provisions of this act, fix the charges of public and

terminal warehouses and make all necessary rules and regulations

for carrying out and enforcing the provisions of this act, and of all laws of the State relating to this subject.

Sec. 2644. Chief inspector; salary.—The commission, with the approval of the governor, shall appoint a chief inspector, who shall be

thoroughly familiar with the grains, grain products and forage

crops of Washington and who shall have had at least five years' ex- perience in the handling of such products. * * * jJe shall re- ceive such salary as the commission may determine upon, in no event

to exceed twenty-fi.ve hundred dollars ($2,600.00) per annum, and

necessary traveling expenses and shall reside at Tacoma.

Sec. 2645, as amended by Laws, 1921, ch. 145, p. 540. Appointment of

deputies, etc.—The chief inspector, Avith the approval of the commission, shall appoint such number of deputies, inspectors, samplers

and weighers, who shall be designated as inspectors, as may be neces- sary to properly and thoroughly inspect and weigh the commodities
874 LAWS CONCEKNING WEIGHTS AND MEASUBES

included in the provisions of this act and such other employees as may be necessary. One of such inspectors in each of the cities of

Seattle, Tacoma, Spokane, Everett and Yakima and such other places

as may be designated by the commission, shall be styled chief deputy

inspector. * * *

Sec. 2649, as amended by Laws, 1921, ch. 145, p. 540. State inspection

and weighing.—The cities of Seattle, Tacoma, Spokane, Everett and

Yakima shall be provided with State inspection and weighing under

this act. Such other cities and towns or districts where commodities

included in the provisions of this act, are received or shipped by

common carrier, and the shipments are such as would reasonably

justify and render necessary the inspection and weighing thereof,

may be designated by the commission as inspection points and be

provided with State inspection and weighing: Provided, That the

expenditure for the inspection and weighing at each of such points

designated by the commission shall not exceed the receipts of the fees

at such place. ' Sec. 2653, as amended by Laws, 1923, ch. 48, p. 143. Certain commodities may be weighed and graded, when; fees.—^The director of the department of agriculture shall fix and establish standard grades to apply to all grain and hay, bought or handled by the public or terminal warehouses, or bought according to State grades in this State. * * * The director may authorize the weighing and grading, upon request of any interested party, of commodities of commerce, other than grain or hay, such as grain or hay products, rice,

beans and other similar articles, nitrates and other fertilizers, sul- phur and other chemicals used in the arts or in manufacturing,

when same are received from or delivered to any rail or water carrier in the State in commercial transportation, and may authorize

the certification of the weights and grades thereof. Fees for such

service, sufficient to cover the cost thereof, shall be fixed by the

director. * *

*

Sec. 2670, as amended by Laws, 1921, ch. 145, p. 540. Side tracks; track

scales; penalty; inspection of scales.—Any railroad delivering grain or hay in cars at any of the places provided with State inspection under

this act shall provide convenient and suitable side tracks and loading

facilities at such places as the commission may designate, on which

all cars of grain or hay delivered by them shall, upon arrival, be set and arranged convenient for inspection, and after inspection such

railroad company shall promptly distribute all such cars of grain

and hay and set them at the proper place or places to be unloaded

as designated by the consignor or consignee. Such railroad com- pany shall provide at such place or places as the commission may

designate suitable track scales for weighing cars of grain or hay.

Such scales shall be under the control of the commission. It shall be the duty of the commission to require the railroad company to correct all scales so provided as often as may be necessary to insure

the correct weighing of gi-ain or hay. Whenever scales have been

installed by any railroad company as above provided such scales shall be used in weighing all grain or hay received over the line of

such railway and it shall be the duty of the railroad company to weigh cars loaded with grain, hay or other commodities included

in the provisions of this act, while loaded and to reweigh the car
WASHINGTON 875

when the load has been removed therefrom. Failure or neglect to carry out the provisions of this act by any railroad company shall

subject it to a fine of not less than twenty-five ($25.00) nor more

than one hundred dollars ($100.00) for each offense: Provided, That

if any terminal warehouse in inspection cities are provided with

proper scales and weighing facilities, the chief inspector or his

deputy may weigh the grain upon the scales so provided. The commission at least once each year shall cause to be examined, tested

and corrected all scales used in weighing grain or hay in any of

the cities designated as inspection points in this act or such places

as may be hereinafter designated, and after such scale is tested, if found to be correct and in good condition, to seal the weights with

a seal provided for that purpose and issue to the owner or proprietor a certificate authorizing the use of such scales for weighing

grain or hay for the ensuing year, unless sooner revoked by the commission. If such scales be found to be inaccurate or unfit for use, the commission shall notify the party operating or using them, and

the party thus notified shaU, at his own expense, thoroughly repair

the same before attempting to use them, and until thus repaired

to the satisfaction of the commission, the certificate of such party

shall be suspended or revoked, in the discretion of the commission.

The party receiving such certificate shall pay to the commission a

reasonable fee for such inspection and certificate to be fixed by the

commission, which sum shall be paid into the State treasury. It

shall be the duty of the said commission to see the provisions of this

section are strictly enforced.

Sec. 2670a (1921). Birector of agriculture; powers.—^When the direc- tor of agriculture shall be appointed, qualify, assume and exercise

the duties of his office, under the provisions of chapter 7 of the laws

of 1921, he shall through and by means of the division of agriculture, exercise all the powers and perform all the duties by this act vested in, and required to be performed by, the public service commission of Washington.

Sec. 2672 (1919). Shipper's weight and grade, where conclusive.

When grain, hay or peas are shipped to points where inspection is provided and the bill of lading does not contain the notation " Not

for terminal weight and grade" and the grain or hay is unloaded

by or on account of the consignee or his assignee without being in- spected or weighed by a duly authorized inspector under the provisions of this act, the shipper's weight and grade shall be conclusive and final and shall be the weight and grade upon which set- tlement shall be made with the seller, and the consignee or his as- signee, by whom such grain, hay or peas are so unlawfully unloaded shall be liable to the seller thereof for liquidated damages

in an amount equal to ten per cent of the scale [sale] price of such

hay, grain or peas computed on the basis of the shipper's weight

and grade.

Sec, 2673. Penalty for violations of act; offenses by officers and employees; offenses by other persons.—Any railroad company or common

carrier or other corporation, and any warehouseman, which shall

violate or fail to comply with any provision of this act, or which

fails, omits or neglects to obey, observe or comply with any order,

rule or any direction, demand or requirement of the coinmission
876 LAWS CONCEENING WEIGHTS AND MEASURES

made under the provisions of this act, shall be subject to a penalty

of not to exceed the sum of one thousand dollars ($1,000.00) for each

and every offense, and every such violation shall be a separate and

distinct offense, and in case of a continuing violation, every day's

continuance thereof shall be, and be deemed to be, a separate and

distinct offense. Every officer, agent or employe of any railroad company or com- mon carrier, or other corporation, or any warehouseman, who shall

violate or fail to comply with, or who procures, aids or abets any

violation by any such railroad company or common carrier, or other

corporation or warehouseman, of any provisions of this act, or who

shall fail to obey, observe or comply with any order of the commission, or any provision of any order of the commission, or who procures, aids or abets any such railroad company or common carrier, or other corporation, or any warehouseman, in its failure to obey,

observe and comply with any such order or provision, shall be

guilty of a gross misdemeanor.

Every person, either individually or acting as an official or agent

of any corporation other than a railroad company, common carrier or warehouseman, who shall violate any provision of this act, or

fail to observe or comply with any order made by the commission

under this act, so long as the same shall be or remain in force, or

shall procure, aid or abet any such corporation in its violation of

this act, or in its failure to obey, observe or comply with any such

order, shall be guilty of a gross misdemeanor.

Sec. 2678 (1915). Grain to be weighed by State inspector.—It shall be

unlawful for any grain warehouseman to receive in any public

terminal grain warehouse any grain that has not been inspected and

weighed in by a duly authorized grain inspector of the State of

Washington, or to deliver out of any class A grain warehouse any

grain that has not been weighed out by a duly authorized State

grain inspector.

Sec. 2685. Class B warehouse receipts; inspection and weighing of grain ; deliveries.—It shall be unlawful for any warehouseman conducting a class B gi-ain warehouse to receive any grain into his ware- house without having the same inspected and weighed in by a State

grain inspector, and it shall be the duty of every such warehouseman, to, upon request, issue or cause to be issued a receipt for each

consignment of grain received, showing the weight, kind and grade of

such grain, the name of the owner thereof and the date when the same was received, but such receipts shall not be entitled to registration and grain shall be delivered from such warehouse without the

supervision of the registrar of warehouse receipts.

Sec. 2686. Fees for inspection and weighing.—The fees for weighing

out grain from a class A grain warehouse and for inspecting out grain in case the owner desires inspection out, shall be fixed by the

public service commission of Washington, and the State grain in- spectors, may, when requested so to do by persons desiring grain

inspected out, issue certificates of inspection in accordance with the names of the grains used in the markets to which the grain is to be

shipped.
WASHINGTON 877

Pierce's Code, 1921, Vol. 1, p. 506.

Sec. 1855-17 (1919). Measuring bottles for Babcock test; penalty for noncompliance; duty of commissioner of agriculture.—All bottles and

pipettes used in measuring milk ^or milk products for making determination of the per cent of fat in said milk or milk products shall

have clearly blown or otherwise permanently marked in the side

of the bottle or pipette the word " sealed," and in the side of the

pipette or the side or bottom of the bottle the name, initials, or trade-mark of the manufacturer and his designating number, which

designating number shall be different for each manufacturer and

may be used in identifying bottles. The designating number shall

be furnished by the commissioner of agriculture upon application

by the manufacturer and upon the filing by the manufacturer of

a bond in the sum of one thousand dollars ($1,000.00) * * *_ Any manufacturer who sells Babcock milk, cream or butter test bottles or milk pipettes, to be used in this State, that do not comply

with the provisions of this section shall suffer the penalty of five hundred dollars ($500.00) to be recovered by the attorney general

in an action against the offender's bondsmen, to be brought in

the name of the people of the State. Any dealer who uses, for

the purpose of determining the per cent of milk fat in milk or milk products, any bottles or pipettes purchased after this law

takes effect that do not comply with the provisions of this section

relating thereto, shall be deemed guilty of a misdemeanor.

The commissioner of agriculture shall prescribe specifications with

which the glassware mentioned in this section shall comply. The

unit of graduation for all Babcock glassware shall be the true cubic centimeter or the weight of one gram of distilled water as four degree^ centigrade.

Inspectors of the department of agriculture are not required to

seal Babcock milk, cream or butter test bottles or milk pipettes

marked as in this section provided, but they shall from time to time make tests of individual bottles used by the various firms

in the territory over which they have jurisdiction in order to ascer- tain whether the above provisions are being complied with and

they shall report immediately to the commissioner of agriculture

violations found.

Sec. 1855-18. Operation of testers.—In all tests made of milk or cream received or purchased upon the basis of the amount of butterfat contained therein, and in all tests of any sample of milk or cream so received or purchased, the Babcock tester shall be operated

at the proper speed or speeds. The proper speeds for such operations are hereby declared to be as follows

For tester with diameter of fourteen inches, the speed shall be

between eight hundred seventy-five and nine hundred twenty-five

revolutions per minute.

For tester with diameter of sixteen inches, the speed shall be between eighteen hundred twenty-five and eight hundred seventy-five

revolutions per minute.

For tester with diameter of eighteen inches, the speed shall be

between seven hundred seventy-five and eight hundred twenty-five

revolutions per minute.
878 LAWS CONCERNING WEIGHTS AND MEASUEES

For tester with diameter of twenty inches, the speed shall be between seven hundred and twenty-five and seven hundred and seventyfive revolutions per minute.

For tester with diameter of twenty-four inches, the speed shall be

between five hundred seventy-five and six hundred twenty-five revolutions per minute.

Sec. 1855-19 (al921). Temperature for testing pm-poses.—In all tests made of milk or cream to determine the amount of milk fat therein

the Babcock tester must be read at the proper temperature which is hereby declared to be not less than one hundred and thirty degrees

Fahrenheit and not more than one hundred and forty degrees Fahrenheit, and all payments for or sales of milk or cream made on the

basis of measurement or weight shall be made according to the true weight and measurement which is hereby declared to be seventeen and six-tenths cubic centimeters for milk and nine grams or eighteen

grams for cream. In all tests for cream the cream shall be weighed

into the test bottle.

Sec. 1855-20 (1919). Scale sensibility.—The sensibility of all scales used for weighing cream samples into the test bottles used in making

any test with the Babcock tester shall be not more than thirty milligrams, and the standard weights shall be nine grams and eighteen

grams.

Sec. 1855-21. Test samples.—Each and every person whose duty it shall be to take, or who shall take or make any test or measure or

take or extract any sample of milk or cream sold or purchased, or to be sold or purchased, by weight, test or measure, shall weigh, test or measure the milk or cream sold or purchased by or from each in- dividual separately. He shall before making any test, or taking

or extracting any such sample, thoroughly mix the milk and cream

of the entire shipment or delivery from which a sample is to be taken, or extracted, by pouring or stirring until such milk and cream is of

uniform and homogeneous constituency and richness, or shall take a sample from each can or other container of the entire shipment to be sampled and tested.

Sec. 1855-22. Deceit in weight, measure, or test.—No person, firm or

corporation, selling, delivering or hauling milk or cream, and no

person, firm or corporation receiving or purchasing milk or cream by

weight or test, or both, or by measure or test, or both, shall with in- tent to deceive, defraud or mislead as to the weight, measure or test thereof, manipulate, change or alter such measure, test or weight, or make or return to any person any false, deceitful, inaccurate or untrue statement of such weight, test or measure, or use any measure or

testing apparatus which does not comply with the standards defined

therefor in this act or which has been condemned as inaccurate by the

department of agriculture.

Sec. 1855-23. Unfair samples.—No person shall take, extract or re- turn to any creamery, milk plant, cheese factory or factory of milk

products, any unfair, fraudulent or manipulated sample of any cream or milk purchased, received, hauled, sold or delivered.

Sec. 1855-25, as amended by Laws, 1923, ch. 27, p. 61, sec. 6. Official testers.—AU tests of milk or cream sold, purchased or delivered on

the basis of the amount of milkfat or butterfat contained therein

shall be performed by a Babcock licensed tester. Such tester shall personally operate and conduct each test and shall be personally
WASHINGTON 879

responsible to any person injured by any careless, negligent or unskillful operation thereof, and for any fraudulent, intentionally in- accurate or manipulated report or return of any such test. * * *

Sec. 1855-37. Revisory tests.—The department of agriculture shall

conduct tests at any creamery, milk plant, cheese factory, milk con- densing plant or factory of milk products where there is reason to believe that milk or cream purchased or sold upon any basis of test, weight or measure is not being tested, weighed or measured ac- curately.

Sec. 1855-38. Inspection of testing apparatus.—All apparatus used

for the purpose of testing milk or cream sold, purchased or delivered

upon the basis of the amount of milk fat contained therein shall be

inspected and tested from time to time by the department of agriciil- ture and any such apparatus, or any portion thereof, found defective or faulty shall be condemned and be replaced through the department

at cost to the user.

Pierce's Code, 1921, Vol. 1, p. 526.

Sec. 1879 (1905). Babcock test.—It shall be unlawful for the owner,

manufacturer, agent or any employee of a butter or cheese factory

or condensory to under or over read the Babcock test, or to manipulate for the purpose of deception any other contrivance used for determining the quality or value of milk or cream.

Sec. 1881 (1890). Capacity officially stamped on milk cans.—All milk

cans or other vessels used for the shipping, sale or dispensing of

milk shall have their liquid capacity United States standard, meas- ured and plainly sealed or stamped thereon by any county auditor,

as ex officio county sealer, or any of his deputies, in the manner

already provided for the sealing of weights and measures.

Sec. 1882. Penalty for use of unmarked cans.—Any individual or cor- poration owning and using milk cans or other vessels or shipping,

selling or dispensing of milk by measurement for a consideration

in a can or vessel that has not been officially sealed and its liquid

capacity plainly stamped thereon, shall be subject to a fine of five dollars for every offense, and the forfeiture of all unsealed milk cans

or vessels found in his or its possession.

Sec. 1883. Fees for sealing.—Any county sealer shall charge a fee of

ten cents for each milk can or vessel so stamped or sealed.

Pierce's Code, 1921, Vol. 1, p. 1208.

Sec. 3920 (1917). Weighing coal before screening.—^It shall be un- lawful for any mine owner, lessee or operator of coal mines in the

State of Washington, employing miners at ton rates, to pass the out- put of coal mined by said miners over any screen or other device

which will take any part from the value thereof before the same shall have been duly weighed and credited to the employee sending the same to the surface, and accounted for at the legal rate of weights

as fixed by the laws of the State of Washington.

Sec. 4031. Weighing coal and posting miner's record; check-weighman

penalty for false weighing or recording.—(a) The operator of

every coal mine where the miners are paid by the weight of their

output, shall provide at such mine suitable and accurate scales for

the weighing of such coal, and a correct record shall be kept of all 517—27 56
880 LAWS COSrCEENiNG WEiGBlTS AND MEASUfiUS

coal SO weighed, and each day's record shall be posted where it is open at all hours to the inspection of miners. Suflficient weights

shall be furnished by the operator for the purpose of testing the ac- curacy of said scales : Provided, however, That where a check-weighman is employed the operator shall not be required to post each

day's record.

(&) The miners employed by or engaged in working at any coal

mine in this State shall have the privilege, if they desire, of employing at their expense a check-weighman, who shall have like rights,

powers and privileges in the weighing of coal as the regular weighman, and be subject to the same oath and penalties as the regular

weighman. Said oath or affirmation shaU be conspicuously posted

in the weigh office. * *

* {d) Any weigher of coal, or any person so employed, who shall

knowingly violate any of the provisions of this and the preceding

section, shall be deemed guilty of a misdemeanor, and upon conviction shall be pimished by a fine of not less than twenty-five doUars

($25.00), nor more than one hundred dollars ($100.00) for each

offense, or by imprisonment in the county jail for a period not to exceed thirty (30) days, or by both such fine and imprisonment^ proceedings to be instituted in any court having jurisdiction therein.
WEST VIRGINIA

Acts, 1915, ch. 16, p. 167.

Sec. 1. State standards of weights and measures, where kept.—The

weights and measures received from the United States under a

resolution of Congress approved June fourteen, one thousand eight

hundred and thirty-six, and such new weights and measures as shall

be received from the United States as standard weights and measures

in addition thereto or in renewal thereof, and such as shall be supplied by the State in conformity therewith and certified by the National Bureau of Standards, shall be the State standards of weights

and measures. Said State standards may be kept at the State university in its physical laboratory, or elsewhere at the discretion of

the State commissioner of labor, who shall be ex officio commissioner

of weights and measures.

Sec. 2. Office and working standards.—In addition to the State standards of weights and measures provided for in this act, there shall be

supplied by the State at least one complete set of copies of these

standards, to be known as office standards; and such other weights, measures and apparatus as may be found necessary to carry out the

provisions 6f this act, to be known as working standards. Such

weights, measures and apparatus shall be verified by the State commissioner, or his deputy or inspectors, at his discretion, upon the

initial receipt of such weights, measures and apparatus and at least once in each year thereafter, the office standards by direct comparison with the State standards, the working standards by comparison with the office standards. When found accurate upon these

tests the office and working standards shall be sealed by stamping

on them the letters " W. V." and the last two figures of the year with

seals which the State commissioner shall have and keep for that

purpose. The office standards shall be used in making all comparisons of weights, measures and weighing and measuring devices

submitted for test in the office of the commissioner, and the State

standards shall be used only in verifying the office standards and for

scientific purposes.

Sec. 3, as amended by Acts, 1919, ch. 53, p. 224. Commissioner of weights and measures; appointment and salaries of deputies and inspectors.—The State commisioner of labor shall be ex officio commissioner of weights and measures, and he shall be authorized to appoint and fix the salaries of such deputies and inspectors, not to ex- ceed two in number, as may be required to carry out the purpose of

this act, within the limits of such appropriations as may be made by

the legislature for the maintenance of the work of the bureau of

labor : Provided, The salaries of each of said deputies or inspectors

shall not exceed eighteen hundred dollars per annum.

Sec. 4. Same; bond.—The State commissioner of labor shall forthwith, on his appointment, give bond in the penal sum of five 881
882 LAWS CONCEBNING WEIGHTS AND MEASUEES

thousand dollars, with sureties to be approved by the attorney general, for the faithful performance of the duties of his office as State

commissioner of weights and measures, and for the safe keeping of

the standards entrusted to his care and for the surrender thereof immediately to his successor in office or to the person appointed by the

governor to receive them.

See. 5. Same; duties; assistant commissioner, duties.—The commissioner of weights and measures shall take charge of the standards

adopted by this act as the standards of the State, and cause them to be kept in a safe and suitable place, from which they shall not be

removed except for repair or for certification, and he shall take all other necessary precautions for their safe-keeping. He shall maintain the State standards in good order and shall submit them at least once in ten years to the National Bureau of Standards for certifica- tion. He shall keep a complete record of the standards, balances,

and other apparatus belonging to the State and take a receipt for same from his successor in office. He shall annually, on the first day

of January, make to the governor a report of all work done by his

office. The director of the physical laboratory of the West Virginia

University shall, by virtue of his appointment to that position by the

State board of regents, become the assistant commissioner of weights

and measures. It shall be his duty, upon the request of the commissioner, to make or cause to be made at said physical laboratory all such tests, calibrations and determinations as may be necessary for

the carrying out of this act.

Sec. 6. Same ; subpoenaing, etc., witnesses ; punishment for contempt.—In

the exercise of his powers and the performance of his duties under this

act, the commissioner of weights and measures shall have the power

to administer oaths and issue subpoenas to compel the attendance of

witnesses and the production of books, papers, accounts and documents. In case of disobedience on the part of any person or persons

to comply with any proper order of the commissioner, or any subpoena issued in behalf of said commissioner, or on the refusal of any

witness to testify with reference to any matters upon which such

witness may be lawfully interrogated, it shall be the duty of the cir- cuit court of any circuit, upon application of the commissioner, to compel obedience by attachment proceedings for contempt as in the

case of disobedience of the requirements of a subpoena issued from

such court or a refusal to testify therein.

Sec. 7, as amended by Acts, 1919, ch. 53, p. 224. Testing county and

city sets of standards; inspecting work of local sealers, etc.—The commissioner of weights and measures, or his assistant commissioner,

deputy, or inspectors, at his direction shall at least once in five years

try and prove by the office standards all standard weights, measures and other apparatus which may belong to any county or city, required

to appoint a sealer and to purchase and keep standards of weights and

measures by the provisions of this act, and shall seal such when found

to be accurate by stamping on them the letters " W. Va." and the

last two figures of the year with seals which he shall have and keep

for that purpose.

The State commissioner or his assistant, deputy or inspectors, at his direction, shall inspect all standard weights, measures and other

apparatus used by such counties and cities at least once in two years, and shall keep a record of the same. He, or his deputy, or inspectors,
WEST VIRGISriA 883

at his direction, shall at least once in two years visit these cities and

counties for the purpose and in order to inspect the work of the local

sealers, and in the performance of such duties they may inspect the

weights, measures, balances, or any other weighing or measuring

appliances of any person, and shall have the same powers as the local sealer of weights and measures. The rules and regulations for the

guidance of county and city sealers of weights and measures issued

by the Bureau of Weights and Measures [Bureau of Standards]

of Washington, D. C, faiown as Circular No. 2 [Handbook No. 1], or any subsequent rules and regulations issued by such Bureau of

Weights and Measures [Bureau of Standards], shall be the rules

and regulations governing the inspectors and county and city sealers

in the performance of their duties.

Sec. 8. Commissioner of weights and measures; powers and duties.

The State commissioner of weights and measares, shall have and

keep a general supervision of the weights and measures, and weighing or measuring devices offered for sale, sold, or in use in the State. He or his assistant commissioner, deputy, or inspectors, at his direction, shall, iipon the written request of any citizen, firm or corporation, or educational institution in the State, test or caKbrate weights, measures and weighing or measuring devices used as standards in the

State. He, or his assistant commissioner, deputy, or inspectors, at his

discretion, shall at least once annually test all scales, weights and

measures used in checking the receipts or disbursements of supplies

in every institution for the maintenance of which moneys are appropriated by the legislature, and he shall report in writing his findings

to the State board of control and to the executive officer of the insti- tution concerned, and, at the request of such board or executive officer,

the commissioner of weights and measures shall appoint, in writing, one or more employees then in the actual service of the institution

who shall act as special deputies for the purpose of checking the

receipts and disbursements of supplies.

Sec. 9. Same.—The State commissioner shall have the power, and "it shall be his duty, either personally or by deptity or through the

agency of a cotmty or city sealer of weights and measures, to inspect,

test, try and ascertain if they are correct, all weights, measures, and

weighing or measuring devices kept, offered or exposed for sale,

sold, or used or employed by any proprietor, agent, lessee, or employe in proving the size, quantity, extent, area, or measurement of

quantities, things, produce, or articles for distribution or consumption purchased or offered or submitted by such person or persons for

sale, hire, or award ; and he shall have the power to and shall from

time to time weigh or measure and inspect packages or amounts

of commodities of whatsoever kind kept for the purpose of sale,

offered or exposed for sale, or sold or in the process of delivery,, in

order to determine whether the same contain the amounts represented,

and whether they be offered for sale or sold in a manner in accord- ance with law. He shall at least twice a year and as much oftener

as he may deem necessary see that all weights, measures and weighing

or measuring devices are correct. He and his authorized deputies

may for the purpose above mentioned, and in the general performance of their official duties, enter and go into or upon, and without

formal warrant, any stand, place, building, or premises, or stop any
884 LAWS CONCEBNIlirG WEIGHTS AND MEASURES

dealer whatsoever, and require him, if necessary, to proceed to some

place which the State commissioner may specify, for the purpose of

making the proper tests. Whenever the State commissioner finds a violation of the statutes relating to weights and measures, he shall cause the violator to be prosecuted.

Sec. 10. Sealing and marking tested instruments.—Whenever the

State commissioner compares weights, measures, or weighing or measuring instruments and finds that they correspond, or caiises them to correspond, with the standards in his possession, he shall seal or mark such weights, measures, or weighing or measuring instruments with appropriate devices.

Sec. 11. Destniction, repair, etc., of inaccurate instruments.—The

State commissioner shall condemn and seize and may destroy incorrect weights, measures or weighing or measuring devices which, in his

best judgment, are not susceptible of satisfactory repair, but such as are incorrect and yet may be repaired, he shall mark or tag as " con- demned for repairs." The owner or users of any weights, measures, or weighing or measuring devices of which such disposition is made, shall have the same repaired or corrected within ten days, and

said owner or users may neither use nor dispose of the same in any

way, but shall hold the same at the disposal of the commissioner.

Any weights, measures, or weighing or measuring devices which

have not been repaired as required above, shall be confiscated by the

commissioner.

Sec. 12. Deputies and inspectors ; powers and duties.—The powers and

duties given to and imposed upon the State commissioner of weights

and measures by sections six, nine, ten and eleven, are hereby given

to and imposed upon his deputies and inspectors also, when acting

under his instructions and at his directions.

Sec. 13, as amended by Acts, 1919, ch. 53, p. 224. Sheriff as ex of&cio county sealer; county sealer and depiities.—Except in counties where

the county commissioners shall appoint a sealer of weights and

measures as hereinafter provided, the sheriff of the county shall be

ex officio county sealer of weights and measures in each county, and

no fee shall be charged by him or by the county for the inspection,

testing or sealing or the repairing or adjusting of weights, measures,

or measuring devices. Whenever the county commissioners of any

county shall deem it necessary, they may appoint and fix the salary

of one sealer and one or more deputy sealers of weights and measures. Such sealer or deputies, when not appointed merely for some temporary purpose, shall hold of&ce for a term of four years from the date

of their appointment, unless removed for just cause, and all deputies

shall have the same power and may perform the same duties as the

county sealer when acting under his instructions and at his direction.

Sec. 14, as amended by Acts, 1919, ch. 53, p. 224. City sealer and deputies; county sealers' powers in certain cities; regulations.—There may

be a city sealer of weights and measures in cities of not less than

twenty-five thousand population, according to the latest official state- ment of United States census, to be appointed by the mayor from a

list to be furnished by the civil service board, and under the rules of

such board, where such board exists ; otherwise, he shall be appointed

by the mayor, by and with the advice and consent of the common

council, and shall hold office for a term of two years and receive
WEST VHIGINIA 885

a salary to be determined by the appointive power. The county

commissioners of any county or the mayor of any such city may

appoint one or more deputy sealers of weights and measures. All

deputies appointed shall have the same power and perform the same

duties as the county or city sealer when acting under his instructions

and his direction, and no fee shall be charged by any county or city

for the testing, trying, adjusting or repairing of any weights or measures, or weighing or measuring device. The commissioner shall

issue from time to time regulations for the guidance of the county

and city sealers and the said regulations shall govern the procedure

to be followed by the aforesaid officers in the discharge of their

duties.

Sec. 15. Combination of municipalities.—Nothing in sections thirteen

and fourteen of this act shall be construed to prevent two or more

counties or a county and any city therein, from combining the whole

or any part of their districts, as may be agreed upon by the coimty

commissioners of the counties, or such county commissioners and the

mayor and conmion council of the city employing one set of standards and one sealer, upon the written consent of the State commissioner of weights and measures. A county sealer or city sealer

appointed in pursuance of an agreement for such combination shall,

subject to the terms of his appointment, have the same authority,

jurisdiction, and duties as if he had been appointed by each of the

authorities who are parties to the agreement.

Sec. 16, as amended by Acts, 1919, ch. 53, p. 224. Bonds of sheriff and

county and city sealers.—Each county or city sealer of weights and

measures or dep'uty sealer of weights and measures, under the provisions of sections thirteen and fourteen of this act, shall forthwith

upon his appointment give bond in the penal sum of one thousand

dollars, with sureties to be approved by the appointing power, for

the faithful performance of the duties of his office. Sec. 17. County and city sets of standards; duty to procure.—The

county commissioners of each county and the common council of

each city required to appoint a sealer under the provisions of this act shall procure at the expense of the county or city, and shall keep

at all times a set of weights and measures and other apparatus as complete and of such material and construction as the State commissioner of weights and measures may direct. All such weights, measures, and other apparatus having been tried and accurately proven

by the State commissioner shall be sealed and certified to by him as hereinbefore provided, and shall then be deposited with and pre- served by the county or city sealer as public standards for such

county or city.

Whenever the county commissioner [s] of such county or the com- mon council of such city shall neglect for six months so to do, the

county clerk of said county, or the city clerk or recorder of said city, on notification and request by the commissioner of weights and measures, shall provide such standards and cause the same to be tried,

sealed and deposited at the expense of the county or city.

Sec. 18. County and city sealers; powers and duties.—Where not

otherwise provided by law, the county or city sealer shall have the same powers and shall perform the same duties within his county

or city as are granted to and imposed upon the State commissioner
886 LAWS CONCERNING WEIGHTS AND MEASTJEES

of weights and measures provided for in sections nine, ten and eleven

of this act.

Sec. 19. Same; records; annual reports.—The county or city sealer

shall keep a complete record of all his official acts, and shall make an

annual report, duly sworn to, on the first day of November, to the

State commissioner of weights and measures, on blanks furnished by

the commissioner.

Sec. 20. Arrests and seizures.—The commissioner of weights and

measures, his assistant, deputy and inspectors, and the county and

city sealers and deputy sealers of weights and measures, are hereby

made special policemen and are authorized and empowered to arrest,

without formal warrant, any violator of the statutes in relation to weights and measures, and to seize for use as evidence, without

formal v/arrant, any false or imsealed weight, measui*e or weighing

and measuring device or package or amount of commodity found to be used, retained, or offered or exposed for sale or sold in violation of

the law.

Sec. 21. Obstructing enforcement of act; punishment.—Any person

who shall hinder or obstruct in any way the commissioner of weights

and measures, his deputy, or inspectors, or any county or city sealer or deputy sealer of weights and measures, in the performance of his

official duty shall be guilty of a misdemeanor, and, upon conviction

thereof in any court of competent jurisdiction, shall be punished by

a fine of not less than two hundred dollars, or by imprisonment in the county jail for not less than three months, or by both such fine and imprisonment.

Sec. 22. Impersonating weights and measures officials; punishment.

Any person who shall impersonate in any way the commissioner of

weights and measures, his deputy, or inspectors, or any county or

city sealer or deputy sealer of weights and measures, by the use of his

seal or counterfeit of his seal, or otherwise, shall be guilty of a misdemeanor, and upon conviction thereof, in any court of competent

jurisdiction, shall be jjunished by a fine of not less than one himdred nor more than five hundred dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment.

Sec. 23, as amended by Acts, 1919, ch. 53, p. 224, Packages to state net quantity of contents ; exceptions.—It shall be unlawful to keep for the

purpose of sale, offer or expose for sale, or sell any commodity in

package form unless the net quantity of the contents be plainly and

conspicuously marked on the outside of the packages, in terms of

weights, measures, or numerical count: Provided, however, That

reasonable variations or tolerances and also exemptions as to small

packages shall be established by rules and regulations made by the

commissioner of weights and measures : And, provided, further,

That this section shall not be construed to apply to medicinal articles and to those commodities in packages the manner of sale of which

is specifically regulated by the provisions of other sections of this

act.The word " package " as used in this section shall be construed to include the package, carton, case, basket, can, box, barrel, half-barrel,

hamper, keg, drum, jug, jar, crock, bag, pail, wrapping [wrapper],

parcel, package, bottle, phial, or other receptacle put up by the manufacturer ; or when put up prior to the order of the commodity, by the

vendor; which may be labeled, branded, or stenciled or otherwise
WEST VIEGINIA 887

marked, or which may be suitable for labeling, branding, or stencil- ing, or marking otherwise, making one complete package of the

commodity. The word " package " shall be construed to include both

the wholesale and the retail package : Provided^ That a box or carton used for shipping purposes containing a number of similar packages which are individually marked, as hereinbefore provided, will

not be required to bear the weight or measure of contents : And^

provided, further, That all commodities in packages, boxes, cans,

bottles or other containers in the hands of merchants, both wholesale and retail, at the time of the passage of this act, shall be and

are hereby exempt from the provisions of the same.

Sec. 24, as amended by Acts, 1919, ch.. 53, p. 224. Oleomargarine, etc., to be sold only by net weight; exceptions.—It shall be unlawful for any

person to sell or offer for sale any butter or renovated or process

butter or oleomargarine in any other manner than by weight.

Whenever such butter, renovated or process butter or oleomargarine,

is sold, offered or exposed for sale in the form of prints, bricks or

rolls, each print, brick or roll shall bear a definite, plain and con- spicuous statement of its true net weight, on the principal label,

where there be such a label, otherwise, on the outside wrapper of

said print, brick or roll. When such statement is made part of the

printed matter on the label, wrapper or carton of any such print,

brick or roll, the statement as to net weight shall be in gothic type

not less than one-quarter of an inch square. The prints, bricks, or rolls referred to in this section shall be con- strued to include those prints, bricks, or rolls put up by the manufacturer or producer; or when put up prior to the order of the

commodity, by the vendor: Provided, hoxvever, That this section

shall not apply to farmers who manufacture and sell their own

butter.

Sec. 25, as amended by Acts, 1919, ch. 53, p. 224. Milk and cream

bottles; size and markings; punishment; tests; exceptions.—Bottles used

for the sale of milk or cream shall be of the capacity of one-half

gallon, three pints, one quart, one pint, one-half pint, and one gill,

when filled to within one-fourth of an inch of the cap seat or stopple

in the case of those bottles having an inside diameter inunediately

below this cap seat or stopple of [not] over two inches. The following variations on individual bottles or jars may be allowed, but the

average contents of not less than twenty-five bottles selected at random from at least four times the number tested must not be in error more than one-quarter of these tolerances; six drams above

and six drams below on the half gallon, five drams above and five drams below on the three pints; four drams above and four drams

below on the quart ; three drams above and three drams below on the

pint ; two drams above and two drams below on the gill. Bottles or

jars used for the sale of milk or cream shall have clearly blown or otherwise permanently marked in the side of the bottle, the capacity

of the bottle and the word " sealed " ; and the side or bottom of the

bottle the name, initial, or trade-mark of the manufacturer and a designating number, which designating number shall be different

for each manufacturer and may be used in identifying the bottles. The designating number shall be furnished by the State commissioner of weights and measures upon application by the manufac-
888 LAWS CONCEKliriNG WEIGHTS AND MBASTJEES

turer, and upon the filing by the manufacturer of a bond in the sum

of one thousand dollars with sureties to be approved by the attorney

general conditioned upon their conformance with the requirements

of this section. A record of the bonds furnished, and the designating numbers and to whom furnished shall be kept in the office of

the commissioner of weights and measures. Any manufacturer who sells or offers to sell milk or cream bottles to be used in this State that do not comply as to size and markings

with the provisions of this section shall suffer a penalty of five hundred dollars, to be recovered by the attorney general in an action

against the defender's [defendant's] bondsmen to be brought in the

name of the State of West Virginia. Any dealer who uses, for the

purpose of selling milk or cream, jars or bottles, purchased after this

law takes effect that do not comply with the requirements of this

section as to markings and capacity, shall be deemed guilty of using

a false and insufficient meas'ure. Sealers of weights and measures are not required to seal bottles or jars for milk or cream marked as in this section provided, but

they shall have the power to and shall from time to time make tests on individual bottles used by various firms in the territory over which

they have jurisdiction in order to ascertain if the above provisions

are being compiled with, and they shall immediately report violations found to the State commissioner of weights and measures.

Sec. 26. Standard barrels for fruits, vegetables, and produce; bushel to contain certain weights.—The standard barrel ^ for fruits, vegetables

and produce shall be of the following dimensions when measured

without distention of its parts: Diameter of head inside of staves,

seventeen and one-eighth inches; distance between heads, inside

measurements, twenty-six inches; the outside bilge or circumference

not less than sixty-four inches, and the thickness of staves not more

than four-tenths of an inch : Provided, That any barrel of a differ- ent form having the same distance between heads and a capacity of seven thousand and fifty-six cubic inches shall be a standard barrel.

Sec. 27, as amended by Laws, 1923, ch. 45, p. 137. Standard weights.

A bushel, half bushel, peck, half peck, quarter peck, quart and pint

of the respective articles hereinafter mentioned shall be the amount

of weight, avoirdupois, as shown by the following table

:

Commodity Bushel 14 bu. Peck 14 peck H peck Quart Pint

Apples (green) Lis.

48

Lis.

24

Lbs.

12 Ozs. Lbs.6

Ozs. Lbs.

3 Ozs. Lbs.1 Ozs.8 Lbs. Ozs. 12 Apples (dried) - 24 12 6 3 1 8 12 6

60 30 15 7 8 3 12 14 15 Apple seed 40 20 10 5 2 8 4 10 Beans (dried, shell) 60 30 15 7 8 3 12 14 15

Beans, castor 46 23 11 8 5 12 2 14 7 IIH

6 Beans (unshelled) 38 19 9 8 4 12 2 6 3 Beans (stringed) 24 12 6 3 1 8 12 Beans (limas) 56 28 14 7 3 8 12 14 Beans, soy... 58 29 14 8 7 4 3 10 13 im

14 Beans, scarlet pole 50 25 12 8 6 4 3 2 9 Beets - 56 28 14 7 3 8 12 Blackberries 48 24 12 6 3 8 12 Blue grass seed 14 7 3 8 1 12 14 7 33^ Blue grass seed, English... 22 11 5 8 2 12 1 6 11

1 See also footnote, p. 120, relative to Federal standard barrel.
WEST VIBGINIA 889

Commodity Bushel 54 bu. Peck 14 peck peck Quart Pi

Broom corn seed

Lbs.

57 Us.

28H

Lis.

14 Ozs.

4 Lbs.

7 Ozs.2 Lbs.

3

Ozs.

9 Lbs. Ozs.

1 01/

Q

Lbs. Buckwheat-- 48 24 12 g 3

r Barley.- 48 24 12 3

f 8 Bran 20 10 5 2 g 1 10 Cabbage 50 25 12 8 g 4 3 9 Canary seed 60 30 15 7 8 3 12 14 Carrots - 50 25 12 8 g 4

Q 2 9 Cement 100 50 25 12 g 6 4

* 2 1 Charcoal _ 20 10 5 2 8

y 10 Cherries (with stems) 56 28 14 7 3 g 12

_

Cherries (without stems)., 64 32 16 g 4 1 Chestnuts 50 25 12 8 g 4 3 2 Q Clover seed 60 30 15 7 8 3 12 80 40 20 10 8 1 Coke 40 20 10 5 2 4 Corn (cracked) 50 25 12 s 6 4 3 2 g Corn (ear dry)' _ 68 34 17 8 g 4 4 2 1 Corn (ear green).. 1 72 36

28

18 9 4 g

A Corn (shelled) 56 14 7 3 g 12 50 25 12 8 Q 4 3 2 9 Corn meal.- 48 24 12 g 3 8 Corn meal (bolted) 46 23 11 8 5 12 2 14 71 Cotton seed 32 16 8 4 2 Cotton seed (S. I.) 44 22 11 5 8 2 10

7 D Cranberries 36 18 9 4 8 2 4 2 Cucumbers (green). 50 25 12 8 g 4 3 2 Qv Currants 40 20 10 5 2 g

7 4 Flax seed 56 28 14 7 3 8

7 12 Gooseberries 40 20 10 5 2 g 4 Grapes (with stems) . 48 24 12 g 3

Q

Grapes 60 30 15 7 g 3 12 Hair (washed) _ 4 2 1 g 4 2 Hair (unwashed) 8 4 2 1 4 Hemp seed 44 22 11 5 8 2 12

-- 6 Herds grass 45 22^^ 11 4 5 10 2 13 J

Hickory nuts 50 25 12 8 g 4 3 2 Q Hominy 60 30 15 7 8 3 12

r 14 Horse radish 50 25 12 g g 4 3 2 Q Huckleberries 62 26 13 g 8 3 4

7 10 Hungarian grass 60 25 12 8 g 4 3 2 g KafBr corn 56 28 14 7 3 g

1 Kale.. 15 3 12 1 14 15 70 35 17 8 g 12 4 g 1 40 20 10 5 2 8 Malt 34 17 g g 4 4 2 2

7

1

Millet 50 25 12 8 g 4 3 2 9 Millet (Japan) 35 17M 8 12 4 g 2 3 lJ/2 Oats - 32 16 8 4 2 1 Onions _ 55 271/2 16

13 12 g 14 3 •J 7 11^

Onions (bottom sets) 32 8 4 2 Onions (tops sets) 28 14 7 3 8 1 12 14 Orchard grass 14 7 3 g 1 12 14 7 Osage Orange seed 33 I6K2 8 4 4 2 2 1 42 21 10 8 5 4 2 10

7 6 48 24 12 g 3

1^ Q

Peaches (dried) 33 16M 8 4 4 9 2 Peanuts 23 im 5 12 2 14 1 111/ 11X2

Q 50 25 12 8 g 4 3 2 y Peas (dry) - 60 30 15 7 g 3 12

7

1

Peas (green, shelled) 60 25 12 8 6 4 3 2 9 Peas (green, unshelled) — Peas (wrinkled)

30 15 7 8 3 12 1 14 15

66 28 14 7 3 8 12 Plums.- 60 30 15 7 8 3 12

8

14 Potatoes (Irish) 56 28 14 7 3 12 Potatoes (sweet) 50 26 12 8 6 4 3 2 9 Quinces - 48 24 12 6 3 8 Rape seed - - 50 26 12 8 6 4 3 2 9 Raspberries 48 24 12 6 3 8 Red top grass seed 14 7 3 8 1 12 148

7 Rice corn (shelled) 56 28 14 7 3 1 12

Ozs. liH

12

12

6

15

10

514

123^

154

10

1234

12

1412J4

12

llJ/2

I2M

1014

10

12

15

12

11WA

\VA

1512H

1312!^

14m.

10

12H

8J<

813?i

7

33^ 8M

10^

12

12M

15

1234

14

16

14

V2>A.

1212H

123J^

14
890 LAWS CONCEBNING WEIGHTS AND MEASUBES

Commodity

Rice com (unshelled) Rutabagas

Rye

Rye meal.- —

Salt (coarse)—

Salt (fine)..- Sand

Shorts .- Sorghum seed

Spelt or speltz Spinach

Strawberries.. Timothy seed.. Tomatoes

Turnips Walnuts Wheat

Bushe] H t)u. Peek H peck 14 peck Quart Pint

L/OS,45

Lbs.

2214

Lhs.

11 Ozi.4

Lbs.

5 Ozs.10

Lbs.2

Ozs.

13 Lbs.

1 Ozs.

9

Lbs. Ozs. llJi 12^

14

60 25 12 8 6 4 3 2 1 56 28 14 7 3 8 1 12

50 25 12 8 6 4 3 2 1 9 12^

70 35 17 8 8 12 4 6 2 3 1 l}i

50 25 12 8 6 4 3 2 1 9 12}i

Yi 6

13020

65

10 325

8 16

2 4

8

8

1 24 4 110 2

57 28ii 14 4 7 2 3 9 1 12H

40 20 10 5 2 8 1 4 10

15

24

3 12 1 14 15 8 3Ji

. 48 12 6 3 1 12 45 22H

28

11 4 5 10 2 138

1 6H

66 14 7 3 1 12 14 55 27y2

25

13 12 6 14 3 7 1

9 n%

12^

15 50 12 8 6 4 3 2 1 60 30 15 7 8 3 12 1 14

One barrel of flour shall contain 196 lbs., one-half barrel 98 lbs., one-quarter barrel 49 lbs., and one-eighth barrel 241^ lbs., one-sixteenth barrel, I214 lbs., net weight.

One barrel of lime shall contain 200 pounds.

A ton shall contain 2,000 pounds.

The standard barrel - for fruit, vegetables, and produce shall be of

the following dimensions: Inside staves at ends, 17% inches; dis- tance between heads, inside, 26 inches; circumference over bilge, 64

inches ; and capacity, 7,056 cubic inches.

Sec. 28. Net weight made basis of weight,—Whenever any com- modity is sold on a basis of weight, it shall be unlawful to employ

any other weight in such sale than the net weight of the commodity

and all contracts concerning goods sold on a basis of weight shall

be understood and construed accordingly. Whenever the weight

of a commodity is mentioned in this act, it shall be understood and

construed to mean the net weight of the commodity.

Sec. 29. Violations of act ; punishment.—^Any person who, by himself

or by his servant or agent, or as the servant or agent of another

person shall knowingly offer or expose for sale, sell, use in the buying or selling of any commodity or thing for hire or award, or retain

in his possession a false weight or measure or weighing or measuring device which has not been sealed by a sealer or deputy sealer of

weights and measures within one year, or shall dispose of any measure, or weighing or measuring device contrary to law, or remove

any tag placed thereon by a sealer or deputy sealer of weights

and measures ; or who shall sell or offer or expose for sale less than

the quantity he represents, or shall take or attempt to take more

than the quantity he represents, when as the buyer, he furnishes the

weights, measures or weighing device by means of which the amount

of commodity is determined; or who shall keep for the purpose of

sale, offer or expose for sale, or sell any commodity in a manner

contrary to law ; or who shall violate any provisions of this act for

which a specific penalty has not been provided ; or who shall sell or

offer for sale, or use or have in his possession for the purpose of

selling or using, any device or instrument to be used to or calculated

to falsify any weights or measures, shall be guilty of a misdemeanor,

» See sec. 26 and footnote to same, p. S88.
WEST VIKGINIA 891

and shall be punished by a fine of not less than ten nor more than one hundred dollars, or by imprisonment for not more than sixty

days, or by both such fine and imprisonment, upon a first conviction in any court of competent jurisdiction, and upon a second

or subsequent conviction in any court of competent jurisdiction he

shall be punished by a fine of not less than ten, nor more than five hundred dollars, or by imprisonment in the county jail for not more

than sixty days, or by both such fine and imprisonment.

Sec. 30, as amended by Acts, 1919, ch. 53, p. 224. Definitions.—Justices of the peace shall have jurisdiction to hear and determine any

action which may be brought for a violation of the provisions of this

act, where the property in question is two hundred dollars and less. In cases of over two hundred dollars shall hold the accused for in- dictment to the grand jury.

Sec. 31, as enacted by Acts, 1919, ch. 53, p. 224. Terms defined.—The

word " person " as used in this act, shall be construed to impart the

plural and singular, as the case demands, and shall include corporations, companies, societies and associations.

The words " weights, measures or weighing or measuring devices "

as used in this act, shall be construed to include all weights, scales,

beams, measures of every kind, instruments and mechanical devices

for weighing or measuring, and any appliances and accessories con- nected with any or all such instruments.

The words " sell " or " sale " as used in this act shall be construed

to include barter and exchange.

Sec. 32, as enacted by Acts, 1919, ch. 53, p. 224. Doyle and Scribner's

combined rules for logs, lumber and timber.—^" Doyle and Scribner's

combined rules " for the measurement of logs, lumber and timber of

all kinds, is hereby established as the lawful rule in this State for

the me^igurement of all kinds of lumber, logs and timber, unless some

other rule be agreed to. Hogg's Code, 1913, Vol. 1, ch. 47, p. 960.

Sec. 2382 (al897). Application of chapter.—The cities, towns and

villages in this State, heretofore established under the laws of the

State of Virginia, or of this State, shall remain subject to the law

now in force and applicable thereto, respectively, and the provisions

hereinafter contained in this chapter, shall be deemed applicable only

to cities, towns and villages hereafter established, except that the

municipal authorities of cities, towns or villages heretofore established other than the city of Wheeling, may exercise the powers con- ferred by this chapter, although the same may not be conferred by

their charter, and so far as this chapter confers power on the municipal authorities of a city, town or village other than said city of

Wheeling, not conferred by the charter of any such city, town or

village, the same shall be deemed as an amendment to said charter.

Any city, town or village in this State, incorporated by a special act of the legislature of Virginia, or of this State, and exercising

the power conferred by this chapter, may by ordinance of the coimcil

of said city, town or village, adopt this chapter, and thereafter the same officers shall be elected or appointed as are provided for by this

chapter.

Sec. 2409 (al905). Powers and duties of council.—The council of

such city, town or village [see section 2382], shall have plenary
892 LAWS CONCEBNING WEIGHTS AND MEASURES

power and authority therein * * *; to regulate and provide

for the weighing of hay, coal and other articles sold or for sale in the city, town or village • * *

*

Acts, 1923, ch. 52, p. 156.

Sec. 3. Every bag, barrel or other package of fertilizer sold,

offered or exposed for sale in this State shall have branded on or conspicuously attached to it a statement that the manufacturer

thereof has complied with this act, the brand name of the fertilizer,

the net weight of the package, the name and address of the manufacturer, * * *. laws, 1919, ch. 34, p. 181.

Sec. 2. Every lot or parcel of commercial feeding stuffs sold,

offered or exposed for sale or distributed within the State shall have affixed thereto a tag or label, in a conspicuous place on the

outside thereof, containing a legible and plainly printed statement

in the English language, clearly and truly certifying

(a) The net weight of the contents of the package, lot or parcel; * *

*

(<?) The name and principal address of the manufacturer or per- son responsible for placing the commodity on the market ; * *

* Hogg's Code, 1913, ch. 15 H, p. 183.

Sec. 506 (1891). Scales and measures; duty to provide; duties of

sealer; testing on request; duties of mine inspector.—It shall be the duty

of every corporation, company or person, engaged in the business

of mining and selling coal by weight or measure, to procure and

constantly keep on hand at the proper place, the necessary scales and measures and whatever else may be necessary, to correctly weigh

and measure the coal as mined by such corporation, company or

person. And it shall be the duty of the sealer of weights and

measures, for every county in which coal is so mined and sold, to

visit each coal mine operated therein, and where such scales and

measures are kept, at least once in each j^ear, and test the correct- ness of such scales and measures. The owner or operator of such

coal mine, or any two or more of the miners working therein, may

in writing require his attendance at the place where such scales and

measures are kept, at other times, in order to test the correctness

thereof, and it shall be his duty to comply with such requests as soon as he can, after receiving such request. If his attendance is required by the owner or operator of such mine, or if by the miners

working therein, and the scales or measures tested be found not to be correct, his fees shall be paid by the owner or operators, and if his attendance be required by the miners and the scales or measures

tested be found to be correct his fees shall be paid by them. If

in any such county there be no sealer of weights and measures, the

duties herein required to be done and performed by such sealer, shall be done and performed by the inspector of mines for the district of which such county forms a part.

~" Sec. 507. Coal cars; consecutive numbering; weighing; marking weight

and capacity.—Each car used by any such corporation, company or person in removing coal from any coal mine, shall be numbered

by consecutive numbers plainly marked, and placed and kept thereon
WEST VIEGIKIA 893

as long as such car is so used. And if the coal from such mine is mined, and the miners are paid according to the weight thereof for

mining the same, every such car so used shall be weighed upon such

tested scales, and the weight thereof shall be plainly marked and

placed thereon as long as such car shall be used as aforesaid. If

the coal at any such mine is mined, and the miners thereof are paid

for mining the same by measure, the number of bushels of coal such

car will hold when loaded to its capacity, shall also be plainly

marked, and placed and kept thereon as long as such car is so used

as aforesaid. And no car shall be used for the purpose aforesaid,

after ninety days from the time this act takes effect, until the provisions of this section are complied with.

Sec. 508. Coal to be weighed or measured in cars before screening.

All coal so mined and paid for by weight, shall be weighed in the

car in which it is removed from the mine before it is screened, and

shall be paid for according to the weight so ascertained, at such

price per ton as may be agreed on by such owner or operator and

the miners who mined the same. And coal mined and paid for by

measure, shall be paid for according to the number of bushels

marked upon each car in which it is removed from the mine, and

before it is screened, and the price paid for each bushel so ascer- tained shall be such as may be agreed on as aforesaid.

Sec. 510. Duties of mine inspectors; duty of operators of mines to keep on band sealed weights and measures.—In any county in which the

mine inspector is required to act as herein mentioned, the county

court of such coimty shall furnish him with whatever is necessary

to enable him to discharge his duties, if such court has procured the

weights and measures and balances provided for by chapter fiftynine of the Code of West Virginia; and if not, the State sealer

of weights and measures shall furnish him with whatever may be

necessary to enable him to discharge the duties hereby required of

him, and the things so furnished him, in either case, shall be re- turned by him to the person from whom he received tliem as soon as possible after he has performed the duties for which he received

them. But it shall be the duty of every corporation, company or person so engaged in the business of mining coal, to procure and

constantly keep on hand a sealed weight, of at least fifty pounds, and

a sealed measure of at least one bushel, to be used for the purposes

of this act.

Sec. 511. Penalties.—Any corporation, company or person violating

any of the provisions of this act, shall be guilty of a misdemeanor,

and upon conviction thereof, shall for each offense, be fined not

less than twenty-five dollars and not more than five hundred dollars. And the oificer, agent or employees of the corporation or company

whose duty it was to do or to perform the act, or to cause it to be

done and performed, which is the subject of the indictment, may

be indicted jointly, with said corporation or company, and upon

conviction thereof, in the discretion of the court, he may be imprisoned in the county jail not less than ten nor more than sixty

days.

Sec. 512. Iffines to which act is applicable.—This act shall not apply to any corporation, company or person owning or operating a coal mine

in which less than ten miners are employed.
894 LAWS CONCEENING WEIGHTS AND MEASUEES

Sec. 514 (1901). Weighing of certain products provided for.—^Where

the amount of wages paid to any of the persons employed in any

manufacturing, mining, or otherwise public enterprise employing

labor, depend upon the amount produced by weight or measure, the

jiersons so employed may, at their own cost, station or appoint at each place appointed for the weighing or measuring of the products

of their labor a check-weighman or measurer, who shall in all cases be appointed by a majority ballot of the workmen employed at the works where he is appointed to act as such check-weighman or measurer.

Sec. 516. Law applicable in what case.—This act shall apply to all weights, balances, steelyards, and weighing machines and measures

used in any factory, mine, mill or otherwise industrial concerns, for

determining the wages payable to any person employed according

to the mineral or otherwise products produced by them through their

labors.
WISCONSIN

Stats., 1921, Vol. 1, ch. 76 oo, p. 1286.

Sec. 1658 (al911). State standards.—The weights and measures and

the scales and beams, received from the United States under a reso- lution of Congress, approved June 14th, 1836, and such new weights

and measures and scales and beams in addition thereto or in renewal

thereof, and such as shall be made under the direction of the new

State superintendent of weights and measures in conformity therewith, and certified to by the National Bureau of Standards shall be

the State standards.

Sec. 1659, as amended by Laws, 1923, ch. 45, p. 46, and ch. 51,

p. 50. State superintendent; custody of standards; comparison of

city standards; general supervision; testing of standards; testing for State institutions; record and report; supervision of local sealers; regulations; office and supplies; powers of State superintendent.—1. The

dairy and food commissioner shall be ex-ofScio State superintendent

of weights and measures.

2. He shall take charge of the standards adopted by section 1658

as the standards of the State; cause them to be kept in a fireproof

buil'ding belonging to the State, from which they shall not be re- moved except for repairs or for certification; and take all other

necessary precautions for their safe-keeping. He shall maintain

the State standards in good order and shall submit them once in ten years to the National Bureau of Standards for certification. He shall keep a seal which shall be so formed as to impress the letters " Wis."

upon the weights and measures, scales, and beam sealed by him, and

he shall correct the standards of the several cities, and as often as once in five years, compare the same with those in his possessiori,

and shall seal the same when tried and proved to be in conformity

to the State standards.

3. He shall have and keep a general supervision of the weights

and measures and the weighing and measuring devices of the State,

and in use in the State. He or his inspectors by his directions shall,

upon the written request of any citizen, firm, or corporation, or

educational institution of the State, test or calibrate weights, measures, weighing or measuring devices, and instruments or apparatus

used as standards in this State.

4. He, or his inspectors by his direction, shall at least once annually

test all scales, weights, and measures used in checking the receipt or disbursement of supplies in every institution under the jurisdiction

of the State board of control. And he shall report in writing his

findings to such board of control and to the executive officer of the

institution concerned; and at the request of such officer, the superintendent of weights and measures shall appoint in writing one or more employees, then in the 'actual service of such institution, who

517—27 57 895
896 LAWS CONCERNING WEIGHTS AND MEASURES

shall act as special deputies for the purpose of checking the receipt

and disbursement of supplies.

5. He shall keep a complete record of the standards, balances, and

other apparatus belonging to the State and take receipt for same from his successor in office. He shall as soon as practicable after the

thirtieth day of June in each even numbered year make to the

governor a report of the work done by his office. The State superintendent, or his deputy or inspectors by his direction, shall inspect

all the standards used by the cities at least once in each two years

and shall keep a record of the same.

6. He, or his inspectors by his direction, shall at least once in each

two years visit the various cities of the State in order to inspect the

work of the local sealers; and in the performance of such duties, he

or his inspectors by his direction may inspect the weights, measures,

balances, or any weight or measuring appliance of any person, firm, or corporation and shall have the same powers as the local sealer of

weights and measures. The superintendent of weights and measures

shall issue from time to time, regulations for the guidance of all sealers, and the said regulations shall govern the prcedure to be

followed by the aforesaid officers in the discharge of their duties.

In said regulations he shall prescribe the amount of tolerance to be

allowed, and may make reasonable regulations regarding the varieties or kinds of devices, attachments or parts entering into the construction or installation of weights and measures or weighing or measuring appliances which shall have for their object the tendency to secure

correct results in the use of such appliances.

7. He shall be provided with necessary postage and shall be provided by the superintendent of public property with a suitable room

or rooms, necessary office and laboratory furniture and appliances,

supplies, stationery, books, and periodicals.

8. In all territory within this State, except in cities subject to the

provisions of section 1661, the State superintendent of weights and

measures shall have the power, except as otherwise provided in sec- tion 1747-20 to section 1747-25 and in section l797m-23 to l797m-25

of the statutes, to inspect, test, try and ascertain if they are correct,

all weights, measures or weighing or measuring devices kept, offered or exposed for sale, or sold, and it shall be his duty to inspect, test, try and ascertain if they are correct, all weights, scales, beams, measures of every kind, instruments or mechanical devices for meas'ure- ment, and tools, appliances or accessories connected with any or all such instruments or measurements used or employed within said ter- ritory by any proprietor, agent, lessee or employee in determining the

size, quantity, extent, area or measurement of quantities, things, produce, or articles of any kind offered for distribution, consumption,

transportation, sale, barter, exchange, hire, or award. He shall have

the power to, and shall from time to time by himself, his agents, in- spectors, or sealers, weigh or measure and inspect packages or amounts of commodities of whatsoever kind, kept for the purpose of

sale, or exposed for sale, sold, or in the process of delivery, in order

to determine whether the same contains tlie amounts represented and

whether they are offered for sale or sold in the manner in accordance

with law.

Sec. 1660 (al911). City standards.—The common council of each city

appointing a sealer under section 1661 shall procure at the expense
WISCONSIN 897

of the city and shall keep at all times a complete set of weights and

measures, scales, and beams in exact conformity to the State standards, except that they may be made of such materials as the superintendent of weights and measures may dii'ect; all such weights and

measures, scales, and beams having been tried and accurately proved

by him shall be sealed and certified to by the State superintendent of

weights and measures, and shall then be deposited with and preserved

by the city sealer as public standards. Whenever the conamon council

of such city shall neglect for six months so to do, the city clerk, on

notification and request by the superintendent of weights and measures, shall provide such standards and cause the same to be so tried,

proved, sealed, certified, and deposited at the expense of the city.

Sec. 1661, as amended by Laws, 1923, ch. 402, p. 689. City dealers; duties; powers; sealing; prosecutions; bond; legislative powers reserved

to cities.—1. There shall be a city sealer of weights and measures

in all cities having a population of more than five thousand inhabitants according to the last official United States census, who shall be

appointed by the mayor from a list to be furnished by the State or

local civil service board and under the rules of said board. He shall be paid a salary to be fixed by the board or body authorized to fix the

salaries of city officials, and shall be provided with suitable office quarters in said city, and no fees shall be charged by him or by the

city for inspection or testing of weights, measures, or weighing or measuring devices.

2. Except as otherwise provided in sections 1747-20 to 1747-25 and

in sections l797m-23 to l797m-25, the city sealer shall within his

city have the power to inspect, test, try, and ascertain if they are correct, all weights, measures, or weighing or measuring devices, kept,

offered, or exposed for sale or sold, and it shall be his duty to in- spect, test, try, and ascertain if they are correct, all weights, scales,

beams, measures of every kind, instruments, or mechanical devices

for measurement, and tools, appliances, or accessories connected with

any or all such instruments or measurements, used or employed

within the city by any proprietor, agent, lessee or employee in determining the size, quantity, extent, area, or measurement of quantities, things, produce, or articles of any kind offered for distribution, consumption, transportation, sale, barter, exchange, hire, or award. The city sealer shall have the power to and shall from time

to time weigh or measure and inspect packages of amounts of commodities of whatsoever kind kept for the purpose of sale, offered or exposed for sale, sold or in the process of delivery, in order to determine whether the same contain the amounts represented, and

whether they be offered for sale or sold in a manner in accordance

with law.

3. He shall, at least once in each year or as much oftener as he

may deem necessary, see that all weights, measures, and weigliing

and measuring apparatus used in the city are correct and that the same are in compliance with the regulations issued by the State

superintendent of weights and measures. He may for the purpose

above mentioned, and in the general performances of his official duties, with or without formal warrant, enter or go in or upon

any stand, place, building, or premises; or may stop any vendor,

peddler, junk dealer, coal wagon, ice wagon, or any dealer whatsoever, for the purpose of making the proper tests.
898 LAWS CONCEENING WEIGHTS AND MEASUBES

4. Whenever the city sealer finds a violation of the statutes relat- ing to weights and measures, he shall cause the violator to be prosecuted. Whenever the sealer compares weights and measures and

finds that they correspond or causes them to correspond with the

standards in his possession, and with the regulations issued by the

State superintendent of weights and measures, he shall seal or mark

the same with appropriate devices to be approved by the State superintendent of weights and measures. The sealer shall condemn and

seize and may destroy incorrect weights and measures and weighing

or measuring instruments which can not be repaired; and such as are incorrect and yet may be repaired, he shall mark or tag as " con- demned for repairs " in a manner prescribed by the State superintendent of weights and measures.

5. The city sealer shall keep a complete record of the work done

by him and shall make a quarterly report to the mayor, which report

shall be filed with the city clerk, and a quarterly report duly sworn

to, to the State superintendent of weights and measures, these quarterly reports to cover the three-month periods beginning July first, October first, January first, and April first respectively and to be

submitted not later than twenty days following the expiration of the

period covered by the report.

6. The city sealer of weights and measures shall forthwith on his

appointment execute and file an official bond, with sureties approved

by the appointing power.

7. Nothing contained in sections 1658 to 1670a, inclusive, shall be

construed as prohibiting cities subject to the provision of this sec- tion from enforcing ordinances regulating weights and measures,

heretofore or hereafter enacted not in conflict with said sections or

the regulations of the superintendent of weights and measures issued

in pursuance thereof ; nor as prohibiting cities from employing city sealers of weights and measures to perform other public services not

inconsistent with their duties as sealers of weights and measures, with or without extra compensation, as determined and fixed by the

city : Provided^ That where such services are rendered to another

city department, the cost of such services be charged to the city

department receiving same.

Sec. 1662 (al911). Sealers in State at large.—In all territory within

this State, except cities subject to the provisions of section 1661, the

inspectors of weights and measures appointed under subsection 1 of

section 1659 and such assistant dairy and food commissioners and

such cheese factory, dairy and food inspectors and such creamery and

dairy and food inspectors as may from time to time be designated by

the superintendent of weights and measures shall act, ex officio, as

sealers of weights and measures, with like authority, powers, and

duties as prescribed for city sealers in subsections 2 to 5, inclusive,

of section 1661.

Sec. 1663 (al919). Sealer's liability.—If any sealer of weights and

measures shall neglect to perform any duty imposed by law or shall

prove and seal any weight, measure, scale or beam by any public

standard which shall not have been tried, proved and sealed as prescribed by this chapter he shall forfeit for each such offense ten
WISCONSIN 899

dollars. The State siiperintendent of weights and measures may re- move from office any sealer of Y\-eights and measures for willful

malfeasance or nonfeasance or for manifest incompetence, upon first giving him written notice of the charges against him and a reasonable opportunity to be heard in his defense.

Sec. 1664 (al911). Police powers of sealers.—1. There is hereby con- ferred upon the State superintendent of weights and measures, his

inspectors, and all sealers of weights and measures, police power;

they shall be provided by the superintendent of weights and measures

with suitable badges or insignia of authority and in the exercise of

their functions shall exhibit the same, upon demand, to any person

questioning their powers, and they are hereby empowered and au- thorized to make arrests, with or without formal warrant, of any

person or persons violating the provisions of any statute relating to weights and measures.

2. "Whoever in any manner whatsoever impersonates or hinders the

State superintendent of weights and measures or any inspector or any

sealer of weights and measures, in the performance of their official duties shall be punished by a fine of not less than ten nor more than

one hundred dollars.

Sec. 1665 (al915). Dry commodity standards.—Whenever any of the

articles or commodities mentioned in this section shall be sold by the

bushel, or fractional part thereof, and no special agreement as to the

weight thereof shall be made in writing, the measure thereof shall be ascertained by avoirdupois weight, and shall be computed as follows : ^

Wheat

Peas

Potatoes Clover seed Beans

Alfalfa Alsike Indian corn Rye

Lima beans

Wrinkled peas Flaxseed Rutabagas Tomatoes

Sweet potatoes

Corn meal

Rape seed

Millet seed Beets Green cucumbers _ Rye meal

Carrots Buckwheat

Hickory nuts Onions

Fine salt Barley

Pounds per bushel60

60

60

60

60

60

56

56

56

565656

5654

50

50

50

50

50

50

5050

50

50

5048

Pounds per

bushel Peaches 48

Pears 48 Hungarian grass seed 48 Blue grass seed 14 Redtop seed 14 Castor beans 46 Timothy seed 45 Rough rice 45 Hemp seed 44

Parsnips 44 Apples 44 Sea island cotton seed 44 Turnips 42

Cranberries 35

Barley malt 34 Dried peaches 33

Oats 32

Onion sets 32 Upland cottonseed 30 Dried apples 25 Bran 20

Shorts 20 Coarse salt 70 Lime 70 Unslaked lime 80

Plastering hair 8 Hemlock bark 2 2,200

' A slight change has been made in the arrangement for convenience of reference.

2 Pounds per cord.
900 LAWS CONCERNING WEIGHTS AND MEASURES

For a fractional part of a bushel a like fractional part of the

above weights shall be required.

All dry commodities not otherwise specified in this section shall be bought or sold only by standard dry measures, standard weight,

or numerical count except where parties otherwise agree in writing.

Sec. 1666 (al911). Standard bushel.—The bushel in struck measure

shall contain two thousand one hundred fifty and forty-two hundredths cubic inches. The half bushel and the parts thereof shall correspond in capacity to that of the bushel and shall be the standard measure for fruits, vegetables, and other dry commodities customarily sold by heaped measure; and in measuring such commodities,

the half bushel or other smaller measure shall be heaped as high

as may be without special effort or design.

Sec. 1666a (al913). Milk and cream bottles; penalty; sealing of bottles not required by sealers.—Bottles used for the sale of milk and cream

shall be of the capacity of half gallon, three pints, one quart, one

pint, half pint, one gill filled full to the bottom of the cap seat, stopple or other designating mark. The following variations on

individual bottles or jars may be allowed, but the average contents of not less than twenty-five bottles selected at random from at least four times the number tested must not be in error by more than one

quarter of the tolerances: Six drams above and six drams below on

the half gallon ; five drams above and five drams below on the threepint; four drams abo\e and four drams below on the quart; three

drams above and three drams below on the pint; two drams above

and two drams below on the half pint; two drams above and two

drams below on the gill. When milk or cream is pasteurized in the

bottle in which it is to be sold or delivered, such bottle may have a capacity sufficient to permit of the expansion of the contents in the

process of heating, but such bottle shall have clearly marked thereon

by a line or other designating mark the point to which such bottle

is filled when containing the respective capacities provided for in

this section, at sixty-eight degrees Fahrenheit (twenty degrees centigrade). The State superintendent of weights and measures shall prescribe and adopt such rules and regulations as he may deem necessary

to carry out the provisions of this section. Bottles or jars used for

the sale of milk or cream shall have clearly blown or otherwise per- manently marked in the side of the bottle, the capacity of the bottle and the word " Sealed " and in the side or bottom of the bottle the

name, initials or the trade-mark of the manufacturer and designating number, which designating number shall be different for each

manufacturer and may be used in identifying the bottles. The designating number shall be furnished by the State superintendent of

weights and measures upon application by the manufacturer, and

upon filing by the manufacturer of a bond in the sum of one thousand dollars with sureties to be approved by the attorney-general,

conditioned upon their conformance with the requirements of this

section. A record of the bonds fui'nished, the designating numbers,

and to whom furnished, shall be kept in the office of the superintendent of weights and measures.

2. Any manufacturer who sells milk or cream bottles to be used in

this State that do not comply as to size and markings with the provisions of this section shall suffer the penalty of five hundred dollars.
WISCONSIN 901

to be recovered by the attorney-general in an action against the of- fender's bondsmen, to be brought in the name of the people of the

State. Any dealer Avho uses, for the purpose of selling milk or cream, jars or bottles purchased after this law takes effect that do not

comply with the requirements of this section as to markings and ca- pacity, shall be deemed guilty of using false or insufficient measure.

3. Sealers of weights and measures are not required to seal bottles or jars for milk or cream marked as in this section provided, but

they shall from time to time make tests on individual bottles used by

the various firms in the territory over which they have jurisdiction,

in order to ascertain whether the above provisions are being complied

with, and they shall report violations found immediately to the

superintendent of weights and measures.

Sec. 1666b (al911). Sale of coal, charcoal, and coke.—It shall be un- lawful to sell or olfer to sell in this State any coal, charcoal, or coke

in any other manner than by weight. No person, firm, or corporation shall deliver any coal, charcoal, or coke without each such delivery being accompanied by a delivering ticket and a duplicate

thereof, on each of which shall be in ink, or other indelible substance,

distinctly expressed in pounds, the gross weight of the load, the tare of the delivery vehicle, and the quantity, or quantities of coal, charcoal, or coke, contained in the cart, wagon, or other vehicle used in

such deliveries, with the name of the purchaser thereof, and the name

of the dealer from whom purchased. One of these tickets shall be

surrendered to the sealer of weights and measures upon his demand,

for his inspection, and this ticket or weight slip issued by the sealer when the sealer desires to retain the original shall be delivered to said

purchaser of said coal, or his agent or representative, at the time of

the delivery of the fuel; and the other ticket shall be retained by

the seller of the fuel. "When the buyer carries away the purchase, a delivery ticket showing the actual number of pounds delivered over

to the purchaser must be given to the puj^chaser at the time the sale

is made.

Sec. 1667 (al917). Net weight required; ton—Wlien any commodity

shall be sold by weight it shall be understood to mean the net weight,

and all contracts concerning goods or commodities sold by weight

shall be construed accordingly unless such construction would be

manifestly inconsistent with the special agreement of the parties

contracting. When any commodity is sold by the ton it shall be

understood to mean the net weight of twenty hundred avoirdupois

pounds unless such construction would be manifestly inconsistent

with the special agreement of the parties contracting.

Sec. 1668 (al921). Standard barrels, crates, and boxes; barrel for beer,

ale, etc.; barrel for flour; barrel for potatoes or other vegetables; barrel of lime ; standard barrel for apples, pears, and other fruit ; capacity ; dimensions ; barrel for cranberries ; crate for apples, pears, etc. ; bushel crate for cranberries or blueberries; berries, less than one bushel, how sold; fresh

fruits and vegetables, how sold ; barrels, crates, and boxes of other capacities may be used, when; construction of law.—1. A barrel for liquids

shall contain thirty-one and one-half gallons, and a hogshead two

barrels.

2. A barrel for beer, ale, porter or other similar fermented liquors

shall contain thirty-one gallons, each gallon to contain two hundred
902 LAWS CONCEKNING WEIGHTS AND MEASUB.ES

thirty-one cubic inches; a half barrel, fifteen and one-half gallons; a quarter barrel, seven and three-fourths gallons; an eighth barrel,

three and seven-eighths gallons. The capacities of the barrel and its subdivisions enumerated above shall apply to all containers in which

beer, ale, porter or other similar fermented liquors are commonly

sold, known as barrels, kegs, casks, or any other container made

of staves, hoops and flatheads. Eeasonable tolerances shall be pre- scribed by the State superintendent of weights and measures for the

containers above designated.

3. A barrel of flour measured by weight shall contain one hundred

ninety-six pounds ; [.] 4. A barrel ' for potatoes or other vegetables shall be the same as the standard barrel for apples or pears or other fruit as provided in

subsection 6 of this section.

5. A barrel of imslaked lime shall contain two hundred pounds.

6. The standard barrel ^ for apples or pears or other fruit, unless

otherwise specifically defined, shall have an interior capacity of

seven thousand and fifty-six cubic inches, and shall not be less than

twenty-six inches between the heads inside ; the diameter of the heads

shall be seventeen and one-eighth inches, including the beveled edge

;

the outside bilge or circumference shall be not less than sixty-four

inches, the thickness of the staves being four-tenths of an inch

:

Provided, however, That any barrel of a different form, but of an

interior capacity of seven thousand and fifty-six cubic inches, shall

be a legal barrel.

7. The standard barreP for cranberries shall measure not less than twenty-five and one-quarter inches between the heads inside;

the diameter of the heads shall be sixteen and one-quarter inches,

including the beveled edge : the" outside bilge, or circumference, shall measure not less than fifty-eight and one-half inches, the thickness

of the staves being four-tenths of an inch. But any barrel of different form, but of the same interior capacity shall be considered a

legal barrel.

8. A standard crate, box or basket for apples, pears, plums,

peaches, and other fruits not secondarily contained in quart or other

boxes within such crate, box or basket, shall have an interior ca- pacity of tTvo thousand one hundred fifty cubic inches exclusive of

cover.

9. A bushel crate of cranberries or blueberries shall have an interior capacity of one bushel struck measure.

10. AH sales of blackberries, blueberries, currants, gooseberries,

raspberries, cherries, strawberries, and similar berries in quantities

of less than one bushel shall be by the quart, pint, or half-pint,

dry measure, and all berry boxes or baskets sold, used, or

offered for sale within the State shall be of the interior capacity of

not less than one quart, pint, of half-pint, dry measure. Any person

who, by himself or by his servant or agent or as the servant or agent of another, shall violate any of the provisions of this subsection shall be punished hj a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county

jail not less than ten days nor more than three months. In addition

' See footnote, p 20, relative to Federal standard barrel.
WISCONSIN 903

thereto, the illegal boxes or baskets and the fruit therein contained

may be confiscated.

11. All sales of fresh fruits or vegetables in containers of less than one bushel dry capacity measure shall be in containers of the

standard capacity of one quart, two quarts, three quarts, four quarts,

five quarts, six quarts, eight quarts, sixteen quarts or twenty-four

auarts standard dry measure, and such receptacles shall in fact contain the full capacity of such fresh fruits or vegetables, or if in other

than standard containers such receptaclas for fresh fruits or vegetables shall be plainly and conspicuously marked to indicate the true net weight, measure or numerical count of such fruits or vegetables.

13. All contracts for the sale of apples, pears, cranberries, or other fruits, potatoes or other vegetables, by the barrel or crate,

unless it is otherwise expressly stipulated in writing, shall be con- strued to mean barrels or crates of the capacity prescribed in subsections 4, 6, 7, 8, and 9 of this section. 14a. Nothing in this section shall be construed as preventing the

sale and shipment into other States of barrels, crates, berry boxes, or baskets of other capacities than those herein specified, nor as prohibiting the use of barrels, crates, berry boxes, or baskets of other

capacities than those herein specified for the sale and shipment

therein into other States of the fruits or vegetables named or designated in this section; and until the first day of March, 1913, nothing

in tliis section shall prevent the sale by net avoirdupois weight of

any of the fruits or vegetables named or designated in this section,

if in containers of other capacities than the standards fixed by this

section; and until the first day of March, 1918, nothing in this section

shall prevent the sale of any of the fruits or vegetables named or designated in this section, if the containing barrel, crate, berry box, or basket in which the same are sold is plainly and indelibly stamped

or branded on the outside thereof in characters in color different

from the container, at least one inch high in the case of barrel or

crate, and at least one-half inch high in the case of berry box or

basket, so as to show the correct interior capacity thereof by fractional part of the standard barrel or crate or of the standard quart

or pint dry measure, as the case may be, if sold for such capacity. ? 14b. The requirement of subsection 4 of section 1661 of the stat- utes as to sealing by the sealer of weights and measures shall not be

construed as applying to the barrels, crates, boxes, or baskets designated in this section.

Sec. 1668ni, as enacted by Laws, 1923, ch. 123, p, 227. 1. Standard

loaves of bread; tolerance allowed; proviso; penalty.—All bread manufactured, procured, made or kept for sale, offered or exposed for

sale, or sold, in the form of loaves for use or consumption within this

State, shall be one of the following weights and no other, namely,

one pound, one and one-half pounds, or multiples of one pound

avoirdupois weight: Provided, however, That a variation or toler- ance of one and one-fourth ounces in excess or one and one-fourth ounces in deficiency per pound from the weights provided for in this

section be allowed in the weight of individual loaves of bread; and

the weight of individual loaves of bread shall be held to be the

average of at least ten loaves of the same approximate weight and
904 LAWS CONCEKNING WEIGHTS AND MEASTJEES

same manufacturer, if that number is available at the time of weighing in any place where bread is manufactured, procured, made or kept for sale, offered or exposed for sale, or sold. If ten loaves are not available, then the weight of individual loaves shall be held to be

the average of all available loaves of the same approximate weight

and same manufacturer, at the time of weighing in any place where

bread in loaves is manufactured, procured, made or kept for sale,

offered or exposed for sale, or sold, but in no case shall said number

be less than five.

2. The provisions of this section shall not apply to rolls, buns, biscuits, crackers and similar articles weighing less than four ounces

avoirdupois each, nor to stale bread: Provided^ That such bread be

conspicuously marked "stale bread," or placed in a container con- spicuously marked " stale bread," and sold as and for stale bread.

8. Any person, firm or corporation who by himself, his servant or

agent, or as the servant or agent of another person, firm or corporation, shall manufacture, procure, make or keep for sale, offer or expose for sale, or sell, bread in the form of loaves of weights other

than provided for in subsection 1 of this section and in excess of the

tolerances provided for therein, shall be guilty of a misdemeanor, and

upon conviction thereof, shall be punished by a fine of not less than

twenty-five dollars nor more than one hundred dollars, or by imprisonment not more than ninety days nor less than ten days, or by both

such fine and imprisonment.

4. The dairy and food commissioner as ex officio State superintendent of weights and measures, by himself, his inspectors, sealers of weights and measures, chemists, or agents, and city sealers of

weights and measures, shaU enforce the provisions of this section.

Sec. 1669 (al867). Hop boxes.—The standard size of boxes used for

picking hops shall be not exceeding three feet long, one and one-half

feet wide and two feet deep, inside measure.

Sec. 1670 (1872). Standard for grain.—No person shall sell, buy or

receive in store any grain at any weight or measure per bushel other

than the standard weight or measure per bushel fixed by law; and

for any violation hereof the offender shall forfeit not less than five nor more than fifty dollars.

Sec. 1670a (1879). Grain tester, how used.—No person shall determine the grade of any grain which is bought or received in store

at any mill, elevator, warehouse or storehouse by the use of any grain

tester that is not sealed in accordance with the United States standard of measure and which sealer is not in accordance therewith at the time it is used. When grain is tested at the instance of the seller the tester shall be filled by pouring the grain into it from a scoop

or a similar vessel, and when the tester is filled it shall be struck

or leveled with three zigzag movements of a straight edge. Any per- son who shall violate the provisions of this section and thereby

cheat or defraud the seller or buyer of any grain shall be punished

as is provided in section 4432.

Sec. 1670b (al913). Appropriation.—The salaries and expenses of

city sealers shall be paid from the city treasuries, respectively.

Sec. 1670m (1911). Cheese purchased at wholesale to be weighed before

delivery; penalty.—1. Everj^ person, firm or corporation that purchases or engages in the business of purchasing cheese in quantities
WISCONSIN 905

of fifty pounds or more, in this State shall, in all cases except where

otherwise agreed by express contract, correctly weigh or cause to be

correctly weighed, each and every box or package thereof, at or before the time that such cheese shall be delivered to the purchaser, or

to any common carrier for the purchaser for shipment, and every

such person, firm or corporation shall make payment for all such

cheese purchased, according to the weight so ascertained, and at the

price or amount therefor agreed upon with the owner or vendor of

such cheese at the time of such delivery, except for such cheese as

shall be found to be of inferior quality by a test thereof made at or

before the time of such delivery.

2. Any person, firm or corporation violating the provisions of this

section shall be guilty of a misdemeanor, and upon conviction

thereof, shall be punished by a fine of not less than ten nor more than

two hundred dollars.

Sec. 1670n (1913). Sale of growing crops; weighing; quality.—Any

person, firm or corporation transacting business in this State, that

shall enter into any contract for the purchase of any crop that is not ready for immediate delivery, shall in all cases weigh, or cause

to be weighed, the crop so purchased, at or before the time such crop

is delivered to the purchaser, or to a common carrier at the direction

of the purchaser for shipment, and every such person, firm or cor- poration shall ultimately make payment in full for all of the crop

so purchased according to the weight so ascertained and at the price or amount specified in the contract, without regard to the quality or

condition of such crop or portions thereof at the time of delivery,

unless any inferior quality or unsound condition of such crop shall

be due to the negligence or wilful act of the vendor, subsequent to such purchase, and in case any purchaser shall fail or refuse to comply with his contract as provided in this section, the vendor, in any

action prosecuted by him to recover for any crop sold to such purchaser, shall recover as damages for such failure or refusal, double

the contract price of such crop at the weight thereof when ready for

delivery and offered to or accepted by the purchaser.

Sec. 1670t. Cotton duck or canvas; weight and quality; removing

or effacing mark; penalty.—1. That for the purposes of this sec- tion cotton duck or canvas shall be deemed to include all cotton duck

or canvas, whether single filling, double filling, roll or wide duck.

2. That for the purposes of this section, the equivalent of thirtysix inches in length by twenty-nine inches in width or seven and

one-fourth square feet of cotton duck or canvas shall constitute a

yard, and an ounce shall be one-sixteenth part of a pound avoirdupois.

3. Any person, company or corporation who shall manufacture

for sale or who may offer or expose for sale any cotton duck or

canvas, or any article other than clothing and wearing apparel composed or made in whole or in part of cotton duck or canvas, shall distinctly and durably stamp, brand, or mark thereon the true and

correct weight of such cotton duck or canvas, by ounces per yard,

together with a description by name of any filler or other preparation

placed in or on said cotton duck or canvas since its manufacture.

4. It shall be unlawful for any person or corporation, either individually or in any representative capacity, to carry for sale, sell or
906 LAWS CONCERNING WEIGHTS AND MEASURES

endeavor to sell any cotton duck or canvas as herein defined, or any

articles other than clothing and wearing apparel, composed or made

in whole or in part of any cotton duck or canvas without having

marked thereon the true and correct weight of said canvas or cotton duck by ounces per yard, together with a description by name of any

filler or other preparation placed in or on said cotton duck or canvas

since its manufacture, or to misstate, misrepresent, or conceal the true weight of said canvas or cotton duck by ounces per yard, or to misstate, misrepresent, or conceal the existence of any filler or other

preparation placed in or on said cotton duck or canvas since its manufacture.

5. It shall be unlawful for any person or corporation either individually or in representative capacity, selling, carrying for sale or endeavoring to sell any awnings, paulins, wagon covers, tents, grain

and hay covers, stable or tent tops to misstate, or misrepresent, or

conceal the true and correct size and dimensions thereof.

6. It shall be unlawful for any person to deface, multilate, obscure,

conceal, efface, cancel, or remove any mark provided for by this sec- tion or cause, or permit the same to be done with intent to mislead,

deceive, or to violate any of the provisions of this section.

7. Any person, company, or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and

on conviction thereof shall for the first offense be punished by a fine of not less than twenty-five dollars nor more than fifty dollars, and

for each subsequent offense by a fine of not less than fifty dollars nor more than one hundred dollars.

Stats., 1921, Vol. II, ch. 182, p. 2220.

Sec. 4432 (al917). False weights and measures; fraud in use of elec- tric current, gas, water, or steam; unsealed weight or measure, may be

used, when.—1. Any person who, by himself or by his agent or

servant, or as the agent or servant of another, shall use in the buying or selling of any commodity or thing, or for hire or award, or

retain in his possession, any false weight or measure or weighing or measuring device; or who shall sell or offer for sale, or have in his

possession for the purpose of selling, any false weight or measure or weighing or measuring device, or any device or instrument to be used

or calculated to falsify any weight or measure; or who shall use or

retain in his possession, except as expressly provided by statute any

weight or measure or weighing or measuring device which has not

been sealed by a sealer of weights and measures within one year;

or who shall sell, or offer or expose for sale, or keep for the purpose

of sale a lesser quantity of any commodity than he represents such

quantity to be, or shall take or attempt to take more than the

quantity he represents, when, as buyer, he furnishes the weight,

measure, or weighing or measuring device, by means of which the

amount of commodity is determined ; or who shall sell or offer or expose for sale, or keep for the purpose of sale any commodity in a manner contrary to law ; or who shall violate any provision of section

1658 to section 1670a, inclusive, for which a specific penalty has not

been prescribed ; shall be punished by a fine of not more than twentyfive dollars, or by imjDrisonment in the county jail not more than

ten days, or by both such fine and imprisonment.
WISCONSIN 907

2. Or any person who willfully, with intent to cheat or defraud

the buyer or seller of electric current, gas, water, or steam, shall make

or cause to be made or aid in the making of any electric conductor,

gas pipe, water pipe, steam pipe, or other instrument or contrivance, or any connection as to conduct or supply or intended to conduct or supply electric current, gas, water, or steam to any lamp or motor

or machine or burner or orifice or appliance from which such electricity, gas, water, or steam may be consumed or utilized, without

passing through or being registered by a meter ; or any person who

shall willfully use a false meter for the measurement of electric current, gas, water, or steam in the buying or selling of the same;

or who shall willfully obstruct or interfere with the working of any

meter used for such purposes, so as to cause or be intended to cause a false registration of the amount of electric current, water, gas, or steam consumed with the intent to cheat or defraud the seller or buyer of such electric current, gas, water, or steam, shall be punished

by imprisonment in the county jail not more than one year or by a

fine not exceeding five hundred dollars; but in case the amount of

damages occasioned by such cheat or fraud shall not exceed twenty

dollars, he shall be punished by imprisonment in the county jail not more than three months or by fine not exceeding one hundred dollars ; and in computing the amount of damages occasioned, the value

of such electric current, water, gas, or steam shall be the regular

current price therefor, charged to the consumer by the seller thereof.

3. But nothing contained in sections 1658 to 1670, inclusive, shall prohibit the use by any person, or by his servant or agent, in good

faith, of any unsealed weight or measure or weighing or measuringdevice purchased or acquired by such person after the last visit of a sealer to such person for the purpose of inspection and sealing of

weights and measures, or any sealed weight or measure or weighing

or measuring device in his possession after the expiration of one

year next after the last inspection and sealing thereof, provided the

said person shall have notified the city sealer in cities subject to the

provisions of section 1661, or the superintendent of weights and

measures, respectively, in writing, signed by said person, of the fact

that he has such weight or measure or weighing or meaaaring device,

giving the number thereof and a general description of the same, and the place where the same may be found for the purpose of

inspection, and shall have received a written acknowledgixient of

said notice, signed by such city sealer or superintendent of weights

and measures.

Stats., 1921, Vol II, ch. 187, p. 2299.

Seq. 4601aa (al913). Foods; false branding of weight, measure, count,

or contents; prosecution.—A.ny person, who by himself, or by his servant or agent, or as the servant or agent of another, shall manufacture or solicit or take orders for delivery, or sell, exchange, deliver or have in possession with the intent to sell, exchange or expose, or olfer for sale or exchange any article of food within the meaning

of section 4600 of the statutes which is misbranded within the meaning of this section shall be guilty of a misdemeanor and upon convie

tion thereof shall be punished by a fine of not less than twenty-five

dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than ten days nor more than sixty days.
908 LAWS CONCERNING WEIGHTS AND MEASURES

The term " misbranded," as used herein, shall apply

(1) To articles of food, or articles which enter into the composition of food, which, or the package or label of which shall bear any

statement, design or device regarding such article or the ingredients or substances contained therein which shall be false or misleading in

any particular;

(2) To articles of food in package form which do not bear plainly

and conspicuously marked on the outside thereof the name and

address of the manufacturer, packer or dealer;

(3) To articles of food in package form if the actual quantity of

the contents be not plainly and conspicuously marked on the outside

of the package in terms of weight, measure or numerical count;

reasonable variations, however, shall be permitted from the stated

weight, measure or numerical count, and the dairy and food commissioner shall establish tolerances for the same by rules and regulations ; The term " label," as used in this section and in section 4601, or

in any other section of the statutes, relating to the adulteration or misbranding of food, unless otherwise specifically described and provided therein, shall apply to any printed, pictorial, or other matter

upon or attached to any package of a food product or any container thereof.

The term " package " as applied to articles of food shall mean a

closed receptacle of any kind in which an article of food is kept in

stock and which with its contents is sold to the public.

The dairy and food commissioner, by himself, or by his assistants,

chemists, inspectors and agents, is hereby authorized to enforce the

provisions of this section and for this purpose all the powers con- ferred upon the said commissioner, his assistants, chemists, in- spectors and agents, by sections 1410a, 1410b, 1410d, or by any other

provision of the statutes are hereby conferred upon said dairy and

rood commissioner, his assistants, chemists, inspectors and agents,

so far as the same may be applicable.

The provisions of subdivisions (3) and (4) of this section shall not apply to foods in package form when dispensed for consumption on the premises, or when the numerical count of the inclosed

units is less than six, or when the net weight of the contents of the

package is less than three ounces avoirdupois; or in case of liquids

when the contents of the package are less than one fluid ounce ; or to

fruits and vegetables when such fruits and vegetables are sold by

the standard barrel, standard crate, standard box or basket or other

standard receptacle as provided in section 1668 of the statutes.

Sec. 4601-2a. Ice cream, volume of, when melted.—10. (a) * * * The volume of ice cream after being melted shall be not less than

one-half the volume of the ice cream as manufactured and sold.

* * * -jj^g volume of fruit ice cream after being melted

shall be not less than one-half the volume of the fruit ice cream as manufactured and sold.

* * *

rj^^Q volume of nut ice cream after being melted

shall be not less than one-half the volume of the nut ice cream as manufactured and sold.
WISCONSIN 909

(d) * * * The volume of chocolate or cocoa ice cream or caramel ice cream after being melted shall be not less than one-half

the volume of the chocolate or cocoa ice cream or caramel ice cream

as manufactured and sold. (e) * * * The volume of orange ice cream, lemon ice cream, caramel ice cream or wintergreen ice cream after being melted shall be not less than one-half the volume of the orange ice cream, lemon

ice cream, caramel ice cream, or wintergreen ice cream as manufactured and sold. (/) * * * The volume of maple ice cream after being melted

shall be not less than one-half the volume of the maple ice cream

as manufactured and sold.

Stats., 1921, Vol. I, ch. 76, p. 1286.

Sec. 1658111, as added by Laws, 1923, ch. 244, p. 436. Standard time.

The standard of time in this State shall be the solar time of the

ninetieth meridian west of Greenwich, commonly known as central

time, and no department of the State government and no county,

city, town or village shall employ any other time or adopt any

ordinance or order providing for the use of any other than the

standard of time.

Stats., 1921, Vol. I, ch. 76gg, p. 1162.

Sec. 1495-10 (1921). Standards and regulations for food products and

farm products.—1. The department, after public hearing, may establish

standards for the grade or other classification of food products and

farm products and for receptacles therefor and may prescribe regulations governing the marks or tags which may be required upon

food products or farm products or upon receptacles therefor, for the

purpose of showing the name, address or serial number of the person

producing or marketing the product, the grade or other classification,

quality, quantity, type, variety, size, weight, nature or condition of

the product.

2. No standard or regulation under this section, which is repugnant to any requirement made mandatory under Federal law, shall

apply to products or receptacles which are being shipped from the

State in interstate commerce.

3. No standard shall apply to products or receptacles coming from

outside the State but such products or receptacles may be required to be marked or tagged to indicate that they came from outside the

State and to show any other fact regarding which marking or tagging may be required under this section : Provided, That such products or receptacles, at the time when marking or tagging is required,

have ceased to be interstate commerce.

4. No standard established under this section for the grade or other classification of any food product or farm product shall affect the right of any person to dispose of such product without conforming

to the standard, but such person may be required to mark or tag

such product, in such a maimer as the department may direct, to in- dicate that it is not intended to be marketed as of a grade or classi- fication contained in the standard and to show any other fact re- garding which marking or tagging may be required, under this sec- tion.
910 LAWS CONCEBNING WEIGHTS AND MEASURES

5. No standard or regulation shall be established or prescribed

under this section which is in conflict with any standard or regulation contained in or heretofore promulgated under authority of any

other statute of the State.

6. No standard or regulation shall be established or prescribed by

the department of markets under this section in any case where any

other State department, commission or official has authority to establish such a standard or prescribe such a regulation, unless the department of markets establishes the standard or prescribes the regulation

jointly with such other department, commission or official. No standard or regulation shall be established or prescribed by any other

State department, commission or official in any case where the department of markets has authority to establish such a standard or

prescribe such a regulation under this section, unless such other department, commission or official establishes the standard or prescribes

the regulation jointly with the department of markets. The gov- ernor shall act as arbiter in case of disagreement or conflict of authority between the department of markets and any other State

department, commission or official under this section.

7. No standard established under this section shall become effec- tive until at least thirty days after the text thereof is published.

8. Whenever any standard or regulation under this section has

become effective, no person marketing or having in his possession

for commercial purposes any product or receptacle to which the

standard is applicable shall represent such product or receptacle,

unless in a manner authorized by the department, as being of any

grade or classification other than a grade or classification contained

in such standard, except as provided in subsections 2 and 3 of this

section; and no person marketing or having in his possession for

commercial purposes any product or receptacle to which the standard

is applicable shall represent such product or receptacle as being

of a grade or classification contained in the standard, when as a matter of fact such product or receptacle is below the requirements

of such grade or classification; and no person shall market or have

in his possession for commercial purposes any product or receptacle unless the marking or tagging thereon conforms to the regulation prescribed under this section: Provided^ That representing

a product or receptacle as being of a grade or classification contained

in the standard, when as a matter of fact such product or receptacle

is below the requirements of such grade or classification, shall not be

a violation of this section, if the department has adopted the means

of enforcing the standard described in section 1495-11: Provided,

fv/rther, That possession, under this section shall not include possession by a carrier or other bailee.

9. Whenever the department finds that any person marketing or having in his possession any product or receptacle to which the

standard is applicable has intentionally violated any provision of

subsection 8 of this section, the department, after opportunity for

hearing has been given such person, may, by special order, revoke

the right of such person to represent any product or receptacle

to which the standard is applicable as being of any grade or classi- fication contained in the standard and may, in said order, require

such person to mark or tag such product or receptacle as provided
WISCONSIN 911

in subsection 4 of this section. The department may, without hearing, suspend such right for a period not exceeding ten days, pending

investigation. The dei^artment may, in the discretion of the commissioner, restore sucli right to any person from whom it has been

revoked.

Sec, 1495-11. Inspector's certificate.—1. The department, as a means

of enforcing the standard for the grade or other classification of

any food product or farm product or for any receptacle therefor,

may require any such product or receptacle to bear the official cer- tificate of an inspector licensed under section 1495-12.

2. Whenever the department has required any product or receptacle to bear the official certificate of an inspector licensed under sec- tion 1495-12, no person marketing or having in his possession for

commercial purposes any such product or receptacle shall remove,

mutilate or alter the official certificate thereon or represent such

product or receptacle, unless in a manner authorized by the department, as being of any grade or classification other than the grade

or classification designated by the official certificate thereon, except

as provided in subsections 2 and 3 of section 1495-10 ; and no person

shall market or have in his possession for commercial purposes any

such product or receptacle unless such product or receptacle bears

the official certificate of an inspector licensed under section 1495-12,

except as provided in subsections 2, 3 and 4 of section 1495-10 : Provided^ That such a product or receptacle may be marketed or had

in possession without an official certificate issued at the point of shipment if such product or receptacle is destined for shipment to a point

within the State, where the shipper has arranged for the issuance

of an official certificate: Provided^ further^ That possession, under

this section, shall not include possession by a carrier or other bailee.

Sec. 1495-12. Licensing of inspectors.—1. The department, upon

presentation of satisfactory evidence that the applicant is competent,

may issue a license to any person to certify the grade or other classi- fication of food products or farm products or of receptacles therefor, for which standards have become effective under section 1495-10.

The purpose of such certification may be either to enforce the standard or merely to furnish to an interested party an official statement

of the grade or other classification. A certificate issued under this

section, unless superseded by a finding as provided in subsection 4 of

this section, shall be accepted in any court of this State as prima

facie evidence of the facts to which the certificate relates.

2. No fee shall be charged the licensee for any license issued under

this section.

3. The department may—^in the discretion of the commissioner

fix and cause to be collected a reasonable, uniform fee for certifica- tion where the purpose of such certification is to enforce the standard. The department shall fix and cause to be collected a reasonable,

uniform fee for certification where the purpose of such certification

is merely to furnish to an interested party an official statement of the

grade or other classification.

4. Any person affected by a certification made under this section

may appeal to the department from such certification within a reasonable time to be prescribed in regulations issued by the depart517—27 58
912 LAWS CONCEENING WEIGHTS AKD MEASURES

ment. The department shall thereupon make an investigation to determine the true grade or other classification of the product or

receptacle and shall issue a finding thereof. Such a finding shall be

accepted in any court of this State as prima facie evidence of the

facts to which the finding relates.

5. The department shall charge and collect a reasonable fee for

any appeal taken under this section but shall refund such fee if the

appeal is sustained.

6. The department, after opportunity for hearing has been given

the licensee, may, by special order, revoke any license issued under

this section, whenever the department finds that such licensee is in- competent or has knowingly or carelessly issued any false or improper certificate of grade or other classification or has accepted

money or other consideration, directly or indirectly, as compensation for any neglect or improper performance of duty or has violated any provision of sections 1495-1 to 1495-30, inclusive, or any

regulation made thereunder. The department may, without hearing, suspend such right for a period not exceeding ten days, pending

investigation. The department may in the discretion of the commissioner, restore the license of any person whose license has been re- voked.

7. No person shall certify or attempt to certify that the grade or

other classification of any food product or farm product or of any re- ceptacle therefor conforms or does not conform to the standard

established under section 1495-10, unless such person holds an unre- voked and unsuspended license issued under this section. No per- son shall influence or attempt to influence any licensee to neglect or improperly perform his duty. No licensee shall knowingly issue any

false or improper certificate of grade or other classification or accept

money or other consideration, directly or indirectly, as compensation

for any neglect or improper performance of his duty.

Stats., 1921, Vol. I, ch. 77, p. 1293.

Sec. 1671 (al898). Rate fixed.—The owners or occupiers of all gristmills moved by water shall be entitled to one-eighth part of all wheat,

rye or other grain ground and bolted or ground and not bolted, and no more; and such owners or occupiers shall not be permitted to grind

their own grain to the exclusion of other grists so long as such mill

is used and occupied as a gristmill.

Stats., 1921, Vol. II, ch. 84a, p. 1385.

See. 1747-5, as amended by Laws, 1923, ch. 114, p. 208. Duties; weighing and grading grain.—The grain and warehouse commission shall inspect, weigh and grade all grain grown in this State, and any

other grain upon request which is milled or received for milling,

bought or sold in the city of Superior, and shall inspect, weigh and

grade all grain received for storage, stored or shipped either by boat

or railway from any and all public warehouses as defined by or declared to be such warehouses under the provisions of section 1747-6

of the statutes : Provided^ hotvever, That whenever the Secretary of

Agriculture of the United States has established grades, weights

and measures, or any standards of quality and condition of any

grain, seed and other agricultural products under the United States grain standards act, such grades, standards of quality and condi-
WISCONSIN 913

tions, weights and measures shall become the grades, standards of

quality and conditions, weights and measures of this State. For

the purpose of making such inspection, weighing and grading of

grain, said commission shall have the power, and it shall be their

duty to appoint a chief inspector and one or more deputy inspectors, a weighmaster and one or more deputy weighmasters, and to adopt

and publish rules and regulations governing the inspection, weighing and grading of grain delivered into or shipped out of any and

all such elevators and warehouses in said city. And there is further

granted to said commission full power and authority to make such

further regulations as will enable them to fully comply with all the

provisions of sections 1747-1 to 1747-55, inclusive, of the statutes,

including the granting of licenses to elevators and warehouses hereinafter provided for, and the establishment and collection of charges

and fees for the inspection, weighing and grading of the grain,

2. The commission may, upon request, enforce reasonable regulations for the weighing of cars of coal offered for shipment in carload

lots and may direct any deputy weighmaster to weigh coal in car- load lots on the docks within the territory under its jurisdiction,

except coal shipped by any person, firm or corporation for its own

use or consumption, and issue weighing certificates therefor, and to inspect and supervise scales therefor. The commission shall fix a

fee for any such services, and such fee and all expenses incurred by

the commission in complying with such request shall be paid by the

person, firm or corporation making the request therefor.

Sec. 1747-20 (al907). Test of scales; penalty.—* * * And all scales used for the weighing of grain in public warehouses shall be

subject to examination and test by any duly authorized inspector,

weighmaster or sealer of weights and measures, at any time when

required by any person or persons, agent or agents, whose grain has

been, or is to be weighed on such scales. The expense of such test by an inspector or sealer to be paid by the warehouse proprietor if the scales are found incorrect, but not otherwise. Any warehouse

man who shall be guilty of continuing to use scales found to be in an

imperfect or incorrect condition, by such examination and test, until

the same shall have been pronounced correct and properly sealed,

shall be liable to be proceeded against as herein provided.

Sec. 1747-21, as amended by Laws, 1923, ch. 114, p. 208. Duty of weighmaster.—The weighmaster appointed by the grain and warehouse commission and his deputies, shall supervise and have exclusive

control of the weighing of grain received into any mill or received,

stored or delivered or shipped from any and all public warehouses

and also the inspection of scales upon which grain is weighed; and

the action or certificates of such weighmaster or his assistants, in the

discharge of their duties, shall be conclusive upon all parties, either

in interest or otherwise, as to the matters contained in said certificates. Sec. 1747-22. Fees.—The grain and warehouse commission shall fix the fees to be paid for the weighing of grain, which fees shall be

paid by the warehouseman, and may be added to the charges for

storage.

Sec. 1747-23 (al913). Weighmaster; assistant; eligibility; bonds.

The weighmaster and each and every assistant shall not be a member

of any board of trade or association of like character. They shall
914 LAWS CONCEENING WEIGHTS AND MEASUEES

give bonds in the sum of two thousand dollars, conditioned for the

faithful discharge of their duties.

Sec. 1747-24. Penalty for obstruction.—In case any person, warehouse or railroad corporation or any of their agents or employes,

shall refuse or prevent the weighmaster, or either of his assistants,

from having access to their scales in the regular performance of

their duties in supervising and weighing of any grain in accord- ance with the tenor and meaning of sections 1747-1 to 1747-55,

inclusive, they shall forfeit the sum of one hundred dollars for each

offense to be recovered in an action by the said grain and warehouse

commission, and any and all moneys collected shall be turned into

the State treasury.

Sec. 1747-33 (al911). Liens.—The charge for the inspection and

weighing of grain under the provisions of sections 1747-1 to 1747-55,

inclusive, shall be and constitute a lien on grain so inspected, or weighed, and whenever such grain is in transit the said charges

shall be treated as advanced charges to be paid by the common carrier in whose possession the same is at the time of inspection.

Sec. 1747-41, as amended by Laws, 1923, cb. 114, p. 208. Publishing

rules.—The rules and regulations adopted by said grain and warehouse commission for the weighing and inspection of grain shall be published in a daily newspaper in the city of Su^Derior and in

each city in which a public warehouse is located.

Sec. 1747-58 (al907). Minnesota sales void.—All contracts for the

sale or purchase of grain upon the basis of grades fixed upon inspection made by any person or persons appointed or employed by or under the railroad and warehouse commission of the State of Minnesota or upon weights fixed or certified by such appointees or emjDloyes or by any person in any wise related to or connected with

the board of trade of the city of Dulutli, where the grain is to be

delivered or weighed in Superior shall be void.

Sec. 1747-60. Presumption of sale.—All grain delivered from any

and all elevators to cars or boats in the city of Superior, shall be

presumed to have been delivered upon, or in fulfilment, in whole

or in part, of a contract for the sale thereof, and shall subject said

grain to weighing and inspection under the provisions of this act

at the time of such delivery. But this shall not apply to the use

of boats for storage out of the navigation season, provided the grain

is afterwards returned to the elevator for inspection and weighing.'

Sec. 1747-61. Unauthorized weighing; penalty.—No person who is not the chief weighmaster or a deputy weighmaster under the provisions of chapter 19 of the laws of Wisconsin for the year 1905

shall weigh any grain received into any elevator or mill in the city

of Superior or shipped out of such elevator or mill, and any person

who shall violate any of the provisions of this section shall be

punished by a fine of not less than one hundred dollars for each

offense : Provided^ however, That this section shall not prevent the owner of any grain from, or punish him for, weighing his own grain

where such weighing does not in anywise relate to the sale, purchase

or delivery or payment for said grain, and is solely for his private

use, but the burden of proof in any case to show that such weighing

is for such private use shall be upon the defendant.
WISCONSIN 915

Stats., Vol II, 1921, ch. 87, p. 1470.

Sec. 1797-10 (al921). Freight, weighing of; empty cars, weighing of, when; platform scale for weighing of livestock; railroad weights and

scales.—* * * (b) Every railroad shall correctly weigh all freight

shipped on actual weight, and shall also correctly weigh all empty

cars when freight is shipped in carload lots; and to facilitate dealings between shippers of livestock and railroad companies, including the ascertainment of the minimum weight required to be loaded

to entitle the shipper to carload rates and the amount of loss sus- tained by the shipper in the event of the destruction of stock in

transit through the negligence of the carrier, at every point at which

any railroad company maintains a stockyard and an agent, from

which point an average of twenty-five carloads or more of stock were shipped during each of the four preceding years, it shall be the

duty of such railroad to maintain or cause to be maintained after

November 1, 1921, a suitable platform scale properly housed for

the weighing of livestock: Provided, That, upon application made

prior to said date, the railroad commission may by order extend the

time for installing any such scale to a date not later than January 1, 1922. The capacity of such scale may be prescribed by the rail- road commission upon the application of the railroad or of any per- son shipping livestock from such point during the preceding year:

Provided, That upon notice of such character as the railroad commission may prescribe to each person who shipped livestock during

the preceding year from any such point or points upon its line, any

railroad may apply to the railroad commission for an order ex- empting such point or points from the operation of this section

upon sufficient proof to satisfy it that the probable benefit to accrue

to shippers in their dealings with the railroad company will not

warrant the financial burden that would be imposed upon the rail- road by the installation of such scales adequately housed at the point

or points named in the application, and in its determination of such

benefits or burdens the railroad commission shall not consider any

benefits that might accrue to shippers in their dealings with other

than the carriers concerned. It shall not be necessary for any rail- road company to furnish an attendant of platform scales installed

pursuant to the provisions hereof except where its local agent re- fuses to furnish a key thereof to a shipper of livestock upon seasonable demand therefor.

(c) The commission shall have power to make and enforce reasonable regulations for furnishing cars to shippers and for moving and

switching the same, and for the loading and unloading thereof, and

the weighing of cars and freight offered for shipment over any line

of railroad, and to test the weights made by any railroad and -scales used in weighing freight or cars.

Stats., 1921, ch. 98, as renumhered hy Laws, 1923, ch. 152, p. 255.

Sec. 98.09 (al913). Babcock milk and cream tests; samples; paying

check.—1. In the use of tha Babcock test, the standard milk measures or pipettes shall have a capacity of seventeen and six-tenths

cubic centimeters, and the standard test tubes or bottles for milk

shall have a capacity of two cubic centimeters for each ten per cent marked on the necks thereof; cream shall be tested by weight and
916 LAWS CONCERNING WEIGHTS AND MEASURES

the standard unit for testing shall be eighteen grams, and it is hereby made a misdemeanor to use any other standards of milk or cream measure where milk or cream is purchased by or furnished

to creameries or cheese factories and where the value of said milk

or cream is determined by the per cent of butterfat contained in the same, or wherever the value of milk or cream is determined by the

per cent of butterfat contained in the same by the Babcock test.

2. In sampling cream or milk from which composite tests are to be made to determine the per cent of butterfat contained therein, no

such sample or sampling shall be lawful unless a sample be taken

from each weighing and the quantity thus used shall be proportioned

to the total weight of the cream or milk tested.

3. Every person, corporation or company operating a creamery

when using the Babcock test as a standard and manufacturing butter

to determine the value of any milk or ci'eam received or bought by

such person, corpora,tion or company, shall, when paying for such

milk or cream, include in every statement or check issued to any

patron in payment thereof a statement of the number of pounds of

butterfat and the number of pounds of butter made for the period

of time for which payment is made.

Sec. 98.10 (al915). Standardization of Babcock test pipettes; sealers not required to seal bottles or pipettes.—1. All bottles and pipettes

used in measuring milk or milk products for making determination

of the per cent of fat in said milk or milk products shall have clearly

blown or otherwise permanently marked in the side of the bottle or

pipette the word " Sealed," and in the side of the pipette or the side or bottom of the bottle the name, initials, or trade-mark of the manufacturer and his designating number, which designating number

shall be different for each manufacturer and may be used in identifying bottles. The designating number shall be furnished by the

State superintendent of weights and measures upon application by

the manufacturer and upon the filing by the manufacturer of a bond

in the sum of one thousand dollars with sureties to be approved by

the attorney general, conditioned upon conformance with the re- quirements of this section. A record of the bonds furnished, the

designating number, and to whom furnished, shall be kept in the

office of the State superintendent of weights and measures.

2. Any manufacturer who sells Babcock milk, cream or butter test bottles or milk pipettes, to be used in this State, that do not comply

with the provisions of this section shall suffer the penalty of five hundred dollars to be recovered by the attorney general in an action

against the offender's bondsmen, to be brought in the name of the

people of the State. Any dealer who uses, for the purpose of determining the per cent of milk fat in milk or milk products, any

bottles or pipettes purchased after this law takes effect that do not

comply with the provisions of tliis section relating thereto, shall be

deemed guilty of a misdemeanor and upon conviction thereof shall

be punished by a fine of not less than twenty-five dollars nor more

than one hundred dollars, or by imprisonment in the county jail not

less than ten days nor more than three months.

3. The State superintendent of weights and measures shall prescribe specifications with which the glassware mentioned in this sec- tion shall comply. The unit of graduation for all Babcock glass-
WISCONSIN 917

ware shall be the true cubic centimeter or the weight of one gram of

distilled water at four degrees centigrade.

4. Sealers of weights and measures are not required to seal Babcock milk, cream or butter test bottles or milk pipettes marked as in

this section provided, but they shall from time to time make tests of

individual bottles used by the various firms in the territory over which they have jurisdiction in order to ascertain whether the above

provisions are being complied with and they shall report immediately to the State superintendent of weights and measures violations

found.

Sec. 98.11 (al913). To underread or overread unlawful.—It shall be

unlawful for any person, by himself, his servant or agent or as the

servant or agent of another to falsely manipulate or underread or overread or make any false determination by the Babcock test or any

other contrivance used for determining the quality or value of milk

or cream delivered to a creamery, cheese factory, or condensed milk

factory, or when sold or purchased.

Sec. 98.13, as amended by Laws, 1923, ch. 152, p. 255, sec. 201. Penalties. —(3) Every violation of any of the provisions of sections 98.09,

98.10 and 98.11 shall be punished by a fine of not less than twentyfive dollars nor more than one hundred dollars or by imprisonment

of not less than thirty days nor more than sixty days.

Stats., 1921, Vol. I, ch. 76gg, p. 1162.

See. 1494c (al921). Commercial fertilizer, net weight to be marked.—1. Every person who shall, in this State, sell or expose for sale any

commercial feritlizer or any material used for fertilizing purposes,

excepting agricultural lime and the dung of poultry and domestic

animals in their natural condition selling for less than ten dollars

per ton, shall affix to every package of such fertilizer or material in a conspicuous place on the outside thereof, a plainly printed state- ment clearly and truly certifying the number of net pounds therein, name or trade-mark under which the article is sold, name of the

manufacturer or shipper, place of manufacture, place of business of

the manufacturer * *

Sec. 1494-12. Commercial feeding stuff, net weight to be stated.

Every manufacturer, company or person who shall sell, offer or expose for sale or for distribution in this State any concentrated

commercial feeding stuff used for feeding farm livestock, shall furnish with each car or other amount shipped in bulk and shall affix to every package of such feeding stuff in a conspicuous place on the

outside thereof a plainly printed statement clearly and truly certi- fying the number of net pounds in the car or package sold or offered

for sale, the name or trade-mark under which the article is sold, the

name of the manufacturer or shipper, the place of manufacture, the

place of business * * *.

Stats., 1921, Vol. I, ch. 84, p. 1381.

Sec. 1731 (al919). Inspectors; term.—The governor shall appoint an

inspector for each of said [four] lumber districts who shall be styled

" Lumber inspector of district no. —" (designating the proper

district) ; he shall at the time of his appointment be a citizen of

this State and reside within the lumber district for which he is appointed. The term of office of each of the four inspectors first ap-
918 LAWS CONCERNING WEIGHTS AND MEASURES

pointed shall expire on the first Monday in April, 1921, and thereafter the term of office of each inspector shall be two years and com- mence on the first Monday in April of the year of his appointment,

but the incumbent shall hold until his successor is appointed and

qualified.

Sec. 1732 (1864). Their duties, oath and bond.—Each lumber inspector shall, before entering upon the duties of his office, take and subscribe an oath that he will faithfully discharge the duties of his office to the best of his knowledge, judgment and ability and execute to the

county in which his office shall be kept a bond, with three or more

sureties, to be approved by the treasurer and county judge, in the sum

of five thousand dollars, conditioned that he will faithfully perform

his duties as lumber inspector of district (giving the number) and

deliver to his successor in office all bills, papers, journals, books and

other effects appertaining to his office. Such oath of office and bond

shall be filed in the office of such county treasurer; and any person

feeling himself aggrieved may commence an action in his own name

on said bond in like manner as actions may be brought on other

official bonds according to the provisions of chapter 44.

Sec. 1733 (al919). Location of offices. —The inspectors of lumber district number one shall keep his office at Rhinelander; of district

number two, at Ladysmith; of district number three, at Eau Claire;

of district number four, at Stevens Point.

Sec. 1734 (al869). Deputies; oaths.—Each such inspector may divide

his district into such subdistricts as he may deem best and for each

subdistrict, as well as for any specific purpose, may appoint one or more deputies, for whose conduct and fidelity in the discharge of his

duties as such he shall be responsible upon his official bond ; each of

said lumber inspectors shall have power and authority to administer

oaths to their several deputies or for any purpose relating to the

duties of their office. Sec. 1735 (1864). Effect of scale bills.—Each lumber inspector shall,

in person or by a deputy, at the request of any owner of logs, timber

or lumber, after a scalement or measurement thereof, make a bill, stat- ing therein the number of logs, the number of feet, board measure,

contained in such logs and lumber, and the number of feet, cubic, run- ning or board measure, contained in said timber, and at whose re- quest the same were scaled or measured and to whom scaled or measured, a copy of which bill he shall enter upon the books of his office, to be provided by him and kept for that purpose, with the marks as they occurred upon the logs. A correct bill of the same shall be given

to such owner, with a certificate thereto attached that it is a true and correct bill, which bill so certified shall be presumptive evidence

of the facts therein contained and of the correctness of such scale- ment or measurement in all courts, except in favor of the inspector or deputy inspector who made the same.

See. 1736 (al866). Rules for measurement of lumber.—Each lumber

inspector and his deputies shall, in surveying or measuring logs, make

such allowance for hollow, rotten or crooked logs as would make

them equal to good, sound, straight, merchantable logs; and all logs

that are straight and sound are to be measured at their full size,

inside the bark at the small end, and all logs over twentj'-four feet long and not exceeding thirty-six feet, shall be scaled or measured as two logs, allowing such rise from the first to the second log as the
WISCONSIN 919

same may require or as may seem proper in the opinion of the in- spector or his deputy. Each lumber inspector shall require of each

of his deputies, at the end of each month, a correct account of all the logs, lumber or timber measured by him during the month next

preceding, and he shall immediately enter such account upon the

books of his office. Sec. 1737 (al913). Table showing standard scale; use of other.—The

standard rule for scaling or measuring logs in the said districts shall be in accordance with the following table, showing in the first column

the diameter of log at the small end in inches, at the head of each

other column the length of log in feet, and in the body of such other

columns the resultant contents of each log in board measure feet of lumber, to wit:

Diameter of log at small end in inches

Length of log and board measurement in feet

14 20 22

7.8.

9.

10

11. 12

1314

15

16

171819

20

2122

2324

25

26

27

282930

3132

33

34

35

36

37

3839

40

41

42.

43.

44.

45.

46.

47.

48.

1020

2030

30

40

60

7090

110

120

140

160

180 210

230

250

280 300

340

370

410

440

460

490

S30

650

590 600

660

690

770 800

840

900

950 1,010

1,050

1, 110

1,140

1, 190

1,240 1,300

102020

30

.40

50

7080

100 120

140

160

190 210

240

270

290

330

350

400

440

480

510

530

570

620

640 690

700

770

810

900

930

980

1,050

1,110

1,170

1, 220

1,290

1,330

1,390 1,450

1,510

2030

30

40

60

7080

100

110

140

160

180 210

240 280

300

330

380

400

460

600

550

680

610

660

710 740

780 800

920 1,030

1,070

1, 120 1,200

1, 270

1,340 1,400

1,480

1,520

1, 590 1,660

1,730

20

30

30

4060

80

90 no

130

160

180

210 240

270 310

340

380

420

450

520

560

620

650

680

740

830

880

900

1,040

1,160

1,200

1,260 1,350

1,430

1,510

1, 670

1, 600

1,710

1, 780 1,860

1,940

2030

30

40

70

80

100 120

140 180

200

230

270 300

350

380

420

470

500

670

620

680

730 760

820

890

920

980

1,000

1,090

1, 150

1, 290 1,330

1,400

1,500

1,590

1,680

1,740

1, 850

1, 900

1,980 2,070

2, 160

90

110

130

160 200

220

250 290

330 380

420

460

520 560

630

690

760 800

840

900

980

1,010 1,080

1,100

1,200

1,270

1,440 1,470

1,540 1,660

1,760 1,850 1,920 2,040

2,090

2, 180 2,280

2, 360

30

40

40

60

90

100

120

160 170 210

240

280 320

360

420

460

500

570

610

690

750 820

870

910

1,060 1,100

1,180

1,200

1,310

1,380 1,540

1,600

1,680

1,800

1,900 2,020

2,100

2,220

2,280

2,380

2,480

2,600

Other rules may be used at the request of the owner of logs; but

in all such cases the bill of tlie insj^ector shall state by what rule

the logs were scaled or measured.
920 LAWS CONCERNING WEIGHTS AND MEASURES

Sec. 1741 (al919). Fees of inspectors.—1. Each lumber inspector or deputy shall be entitled to receive eight dollars per day for time

actually and necessarily spent in the performance of services as such

lumber inspector or deputy and necessary traveling expenses in- curred in the discharge of such services. In all cases such compensation and expenses shall be paid by the owner of the logs, timber or lumber scaled or measured.

2. For recording each mark or assignment thereof, fifty cents.

3. For recording any mortgage, bill of sale or other written in- strument, the same fees allowed by law to registers of deeds for

recording like instruments.

Stats., 1921, Vol. I, eh. 84a, p. 1385.

Sec. 1747-155 (1919). Supervisor of pulp wood scaling; appointment;

term; duties; assistants.—1. The office of supervisor of pulp wood

scaling is hereby created. Such supervisor shall be appointed by the

governor, by and with the advice and consent of the senate, for a term of two years from the date of his appointment and until his successor qualifies. Said supervisor shall take and file the official oath, and execute and file his official bond in the sum of five thousand

dollars, with sureties approved by the governor.

2. It shall be the duty of the said supervisor to have inspected

and scaled all pulp wood when the same is bought in quantities

equal to car lots or more in any one shipment. Whenever a car lot or more of pulp wood is delivered at any mill, or at any other place

of delivery, the purchaser shall have the same scaled by an official scaler appointed by such supervisor. Such official scalers shall be

selected from persons in the employ of the purchasers of pulp wood

and shall be licensed by the supervisor, but shall receive no compensation for their services from the State. Said supervisor may revoke

the license of any such scaler at any time. Every such official scaler

shall make quadruplicate reports of the amount and condition of the

pulp wood sold and delivered, transmit one such report to the supervisor, one to the purchaser, one to the seller, and preserve one for

his own use. The person buying such pulp wood shall pay the

supervisor ten cents for each car scaled, which sum the supervisor

shall pay to the State treasurer. Said supervisor shall appoint two

assistant scalers for not to exceed six months in any one year, whose

duty it shall be to supervise the work performed by the official scalers, but such assistants shall receive not to exceed the sum of one hundred and fifty dollars per month salary, and their actual

and necessary expenses incurred in the performance of their duties.

Such supervisor shall as often as required by the governor, and at

least once annually, file with the secretary of state a detailed sworn

statement of all work performed by him, expenses incurred and fees collected imder the provisions of this section. Such supervisor shall be paid an annual salary of tAventy-five hundred dollars, and his

actual and necessary expenses incurred in the performance of the

duties of his office. He shall maintain his office at some convenient

place in the pulp-wood district, and the same shall be provided

with all necessary furniture, supplies and stationery by the superintendent of public property.
WISCONSIN 921

3. All moneys received by such supervisor for the scaling of pulp

wood shall be paid, within one week after receipt, into the general

fund.

Stats., 1921, Vol. II, ch. 182, p. 2220.

Sec. 4453a (1885). Fraud in scaling logs.—Any lumber or deputy

lumber inspector or any other person employed to scale logs who

shall purposely over or under scale or measure the same, or knowingly report a greater or less amount than the true scale thereof, or make any record of a greater or less amount of logs than he has

actually scaled, or who shall omit or neglect to scale any logs he is lawfully called upon to scale, for the purpose of defrauding another,

and any person who shall procure the performance of any such act, or cause such omission or neglect, or knowingly and willingly be

interested therein or profit thereby, shall be punished by imprisonment in the State prison for not more than five years nor less than

one year, or in the county jail for not more than one year nor less than six months, or by fine of not more than five thousand dollars nor less than one hundred dollars. Any person who shall make any

certificate of scalement which scalement he did not personally make

shall be punished by imprisonment in the county jail not more than

six months nor less than one month, or by fine of not more than five hundred dollars nor less than one hundred dollars.
WYOMING

Laws, 1921, ch. 73, p. 74.

Sec. 1. Standards.—The standards of weights and measures in this

State shall be those recognized or furnished by the United States.

Sec. 2. Verification of standards.—In addition to the State standards of weights and measures, there shall be supplied by the State

such other weights, measures and apparatus as may be found neces- sary to carry out the provisions of this act, to be known as working standards. Such weights, measures and apparatus shall be verified by the State superintendent of weights and measures, or his

authorized assistants, at his direction, upon their initial receipt and

at least once in each year thereafter, by comparison with the State

standards. When found accurate upon these tests the working standards shall be sealed by stamping on them the letter "W" and the

date with seals which the State superintendent of weights and measures shall have and keep for that purpose. The State standards shall

be used in making all comparisons of weights, measures, and weighing or measuring devices submitted for test in the office of the State

superintendent of weights and measures.

Sec. 3. Superintendent of weights and measures.—The dairy, food

and oil commissioner ^ shall be ex officio State superintendent of

weights and measures. He shall take charge of the standards

adopted by this act as the standards of the State, and cause them to be kept in a safe and suitable place, from which they shall not be

removed except for repairs or for certification and he shall take all other necessary precautions for their safe keeping. He shall maintain the State standards in good order and shall submit them at

least once in ten years to the National Bureau of Standards for

certification. He shall keep a complete record of the standards,

balances, and other apparatus belonging to the State and take receipt

for same from his successor in office. He shall annually, on the last day of September, make to the governor a report of all work done

by his office. Sec. 4. Duties of superintendent.—The State superintendent of

weights and measures shall have and keep a general supervision of

the weights, measures, and weighing and measuring devices, offered

for sale, sold, or in use in the State. When not otherwise provided

by law the State superintendent of weights and measures shall have

the power, and it shall be his duty to inspect, test, try, and ascertain

if they are correct, all weights, measures, and weighing and measuring devices kept, offered or exposed for sale, sold, or used or employed by any proprietor, agent lessee, or employee in proving the

size, quantity, extent, area, or measurement of quantities, things,

produce, or articles for distribution or consumption, purchased,

offered, or submitted by such person or persons for sale, hire, or

' Duties tr.msfeiTotl to coinniissioiior of :ii;i'ioultin-e. See p. 926. 922
WYOMING 923

« award, and he shall have the power to and shall from time to time

weigh or measure and inspect packages or amounts of cormnodities

of whatsoever kind kept for the purpose of sale, offered or exposed

for sale, or sold or in the process of delivery in order to determine

whether the same contain the amounts represented, and whether they

be offered for sale or sold in a manner in accordance with law. He

shall as often as he may deem necessary see that all weights, measures, weighing or measuring devices used are correct. He may for

the purpose above mentioned, and in the general performance of his

official duties, enter or go into or upon, and without formal warrant, any stand, place, building, or premises, or stop any vendor,

peddler, junk dealer, coal wagon, ice wagon, delivery wagon, or any

dealer whatsoever, and require him, if necessary, to proceed to some

place which the State superintendent of weights and measures may

specify, for the purpose of making the proper tests. Whenever the

State superintendent of weights and measures finds a violation of

the statutes relating to weights and measures, he shall cause the

violator to be prosecuted.

Sec. 5. Sealing of weights and measures.—Whenever the State superintendent of weights and measures compares weights, measures, or weighing or measuring devices and finds that they correspond or cause them to correspond with the standards in his possession, he

shall seal or mark such weights, measures, or weighing or measuring

devices with appropriate devices.

Sec. 6. Condemnation and destruction of incorrect weights and measures.—The State superintendent of weights and measures shall con- demn and seize and may destroy incorrect weights, measures, or weighing or measuring devices which in his best judgment, are not

susceptible of satisfactory repair; but such as are incorrect and yet

may be repaired, he shall mark or tag as " Condemned for repairs."

The owners or users of any weights, measures, or weighing or measuring devices of which such disposition is made, shall have the same

repaired or corrected within ten days, and they may neither use nor

dispose of the same in any way, but shall hold the same at the dis- posal of the State superintendent of weights and measures. Any

weights, measures, or weighing or measuring devices which have been

" condemned for repairs " and have not been repaired as required

above, shall be confiscated by the State superintendent of weights and

measures.

Sec. 7. Police powers.—The State superintendent of weights and

measures, and his authorized assistants, are hereby made special

policemen, and are authorized and empowered to arrest, without

formal warrant, any violator of the statutes in relation to weights

and measures, and to seize for use as evidence, without formal warrant, any false or imsealed weight, measure, or weighing or measuring device or package, or amounts of commodities found to be used,

retained, or offered or exposed for sale or sold in violation of law.

Sec. 8. Interference with superintendent; penalty.—Any person who

shall hinder or obstruct in any way the State superintendent of

weights and measures, or his authorized assistants, in the performance of their official duties shall be guilty of a misdemeanor and upon

conviction thereof in any court of competent jurisdiction shall be

punished by a fine of not less than twenty dollars ($20.00) or more
924 LAWS CONCEENING WEIGHTS AND MEASURES

than one hundred dollars ($100.00) or by imprisonment in the county

jail for not more than three months or by both such fine and imprisonment.

Sec. 9. Impersonation of superintendent; penalty.—Any person who

shall impersonate in any way the State superintendent of weights and

measures, or his authorized assistants, by the use of his seal or the

counterfeit of his seal, or otherwise, shall be guilty of a misdemeanor,

and upon conviction thereof in any court of competent jurisdiction,

shall be punished by a fine of not less than one hundred dollars

($100.00) nor more than five hundred dollars ($500.00) or by imprisonment for not more than one (1) year or by both such fine and imprisonment.

Sec. 10. Sale by net weight.—Whenever any commodity is sold on

a basis of weight, it shall be unlawful to employ any other weight

in such sale than the net weight of the commodity ; and all contracts concerning goods sold on a basis or [of] weight shall be understood

and construed accordingly. Whenever the weight of a commodity is mentioned in this act it shall be understood and construed to mean the

net weight of the commodity.

Sec. 11. Standard weights per bushel; measurement of hay.—All commodities hereinafter named in this section shall be sold either by the

bushel or by weight, and when sold by the bushel, the bushel shall consist of the number of pounds hereinafter stated; and whenever

such commodities are hereinafter named are sold in the subdivisions

of the bushel, the number of pounds in such subdivision of tjie bushel

shall consist of the fractional part of the number of pounds as hereinafter set forth for the bushel, namely:

Unless otherwise agreed to between the contracting parties, the

following shall constitute the legal measurement for hay in stack in

the State of Wyoming: Four hundred and twenty-two (422) cubic

feet shall constitute a ton of clean, native, blue joint hay, after thirty

(30) days up to three (3) months' settlement in stack. As to all other kinds of hay, after the same shall have been settled in stack

from sixty (60) days and up, five hundred and twelve (512) cubic

feet shall constitute a ton of alfalfa or rough slough grass, after

the same shall have been in the stack thirty (30) days and up to one

(1) year. Four hundred and fifty (450) cubic feet shall constitute a ton of clean timothy and clover, after the same shall have been in

the stack thirty (30) days, and up to one (1) year. Making meas- urements of hay in stack, the following is hereby made the legal

method of measurement, to wit : The width and length of the stack

shall be measured, and the distance from the ground against one side

of the stack to the ground against the other side of the stack, diPounds per bushel Pounds per

bushel Barley Beans

Beets

Carrots Castor beans

Corn, shelled Flaxseed Green apples

Indian corn, in the ear. KalBr corn Oats

48

60

56

5046

56

56

48

70

56

32

Onions

Parsnips

Peaches

Potatoes Rice corn Rye

Speltz or emmer.

Sweet potatoes..

Tomatoes

Turnips

Wheat

57

50

4860

565645

50

5655

60
WYOMING 925

rectly over and opposite, shall be taken in linear feet and inches,

and then the width shall be subtracted from the measurement over the

stack, as above indicated, the result divided by two, and the result so obtained multiplied by the width, and the result thus obtained

multiplied by the length, which will give the number of cubic feet

contained in the stack, and the tonnage shall thereupon be determined by dividing the total number of cubic feet by the number of

cubic feet allowed under the provisions of this section for a ton.

Sec. 12. Appointment of weighmasters.—It shall be the duty of the

county commissioners to see that every city and town in their county

containing two thousand or more inhabitants, is provided with public

scales for the weighing of coal, hay and other merchandise sold by

weight, and that every city and town council in the respective counties

shall appoint a city or town weighmaster, whose services shall be. paid for by the city or town appointing such weiglimaster. It shall

be the duty of every vendor of coal, hay and other merchandise sold

in bulk, and of the agents and employees of such vendor, to cause such coal, hay and other merchandise to be weighed and a statement

of such weight to be delivered to the purchaser with the article so weighed. Where such coal, hay or other merchandise is weighed on

a public or city scale, the weighmaster shall charge for every such

certificate of weight a fee of ten cents, which shall be paid by the

vendor or producer, and shall by said weighmaster be turned into

the treasury of the city or town by which he was appointed. Any

person failing to comply with this requirement for weighing coal,

hay or other merchandise, or failing to deliver the certificate or weight as aforesaid, shall on conviction be punished by a fine of

not less than ten dollars nor more than one hundred dollars for each

offense.

Sec. 13. Rules and regulations by superintendent.—The State superintendent of weights and measures shall establish uniform tolerances or reasonable variations to take care of unavoidable shrinkage, and

of scale variations in handling and weighing of any of the articles

mentioned in this act, and shall adopt such rules and regulations as he may deem necessary to carry out the provisions of this chapter,

and he may change, modify, or amend any or all rules and regulations whenever deemed necessary, and the rules and regulations

so made shall have the force and effect of law.

Sec. 14. Violation; penalty.—Any person, who by himself or his

servant or agent, or as the servant or agent of another person shall

offer or expose for sale, sell, use in the buying or selling of any com- modity or thing or for hire or award, or retain in his possession

a false weight or measure or weighing or measuring device, or any weight or measure or weighing or measuring device which

has not been sealed by the State superintendent of weights and

measures, or his authorized assistants, at his direction; or shall

sell or offer or expose for sale less than the quantity he represents,

when as the buyer, he furnishes the weight, measure, or weighing

or measuring device by means of which the amount of commodity

is determined, or who shall keep for the purpose of sale, offer or expose for sale, or sell any commodity in a manner contrary to law; or who shall violate any provision of this act for which a

specific penalty has not been provided, or who shall sell or offer for

sale, or use or have in his possession for purpose of selling or using
926 LAWS CONCERNING WEIGHTS AND MEASURES

any devise [device] or instrument to be used to or calculated to

falsify any weight or measure or any weighing or measuring device

shall be guilty of a misdemeanor, and shall be punished by a fine of not less than twenty dollars ($20.00) or more than two hundred

dollars ($200.00), or by imprisonment for not more than three (3)

months, or by such fine and imprisonment, upon a first conviction

in any court of competent jurisdiction; and upon a second or subsequent conviction in any court of competent jurisdiction, he

shall be piinished by a fine of not less than fifty dollars ($50.00) or more than five hundred ($500), or by imprisonment in the

county jail for not more than one year, or by both such fine and

imprisonment.

Sec. 15. Definition of terms.—The word " person " as used in this act, shall be construed to import both the singular and plural, as the

case demands, and shall include corporations, companies, societies

and associations.

The words "weights, measures or (and) weighing or (and) measuring devices " as used in this act shall be construed to include

all weights, scales, beams, measures of every kind, instruments

and mechanical devices for weighing or measuring, and any appli- ances and accessories connected with any or all such instruments.

The word " sell " or " sale " as used in this act shall be construed

to include barter and exchange.

Sec. 16. Repeal.—Chapter 249, of the Wyoming Compiled Statutes, 1920, and all acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

Laws, 1923, ch. 100, p. 184.

Sec. 1. Establishment of department; commissioner.—A State department of agriculture is hereby created and established under the management and control of a board of agriculture acting through a public officer to be known as the State commissioner of agriculture, to be appointed by the board.

Sec. 16. Food and oil department discontinued.—From and after

April 1st, 1923, or as soon thereafter as the State department of agriculture may be organized for business, the office of dairy, food and

oil commissioners shall be abolished and the tenure of all employes

of said office is hereby terminated. All powers now vested in the

dairy, food and oil commissioner and all duties and privileges now

imposed and conferred upon him by and under the existing laws, are hereby transferred to and imposed and conferred upon the commissioner of agriculture, to be exercised by him through such chief

of division, deputy, assistant or other agency as he may determine

with the approval of the board of agriculture. * * *

Comp. Stats., 1920, ch. 126, p. 391.

See. 1781 (1895). Cities of first class.—All cities having more than

four thousand inhabitants shall be governed by the provisions of

this chapter, and be known as cities of the first class.

Sec. 1860 (1909). Power to regulate weights and measures.—They

[cities of the first class] shall have power to purchase and own

grounds for and to erect and establish and regulate markets and

scales; * * * to establish and regulate standard weights and

measures; to regulate the weighing and measuring of every com-
WYOMING 927

modity sold in the city; to provide for the inspection and weighing

of hay, grain and coal, the measuring of wood and fuel to be used in

the city; and to determine the place or places of the same, and to regulate and prescribe the place or places of exposing for sale, hay,

coal and wood, and to fix the fees and duties of persons authorized

to perform such duties.

Comp. Stats., 1920, ch. 459, p. 1279.

Sec. 7298 (1884). Giving false weights in mercliandise.—Every per- son who, in putting up in any bag, bale, box, barrel or other package, any hops, cotton, wool, grain, hay or other goods usually sold

in bags, bales, boxes, barrels or other packages by weight, puts in or conceals therein anything whatever for the purpose of increasing

the weight of such bag, bale, box, barrel or package, and thereby

defrauding the purchaser, shall be fined not more than one hundred

dollars.

Sec. 7311 (1876). Using false weights.—If any person shall knowingly have, keep, or use any false or fraudulent scales or weights for

weighing gold or gold dust, or any other article or commodity, every

person so offending shall be fined not more than five hundred dollars, or imprisoned in the county jail not more than six months.

Sec. 7314 (1895). Selling by false weights.—If any person shall

knowingly sell by false weights or measures, or shall knowingly use

false weights or measures at any threshing machine, or at any mill,

in. taking toll for grinding or threshing corn, Avheat, rye or other

grain and seeds, he shall be deemed a common cheat and shall be

fined not more than one hundred dollars, and shall be imprisoned in

the county jail not more than six months.

Comp. Stats., 1920, ch. 65, p. 211.

Sec. 862 (1890-91). Legal standard water measurement.—A cubic

foot of water per second of time shall be the legal standard for the

measurement of water in this State, both for the purpose of determining the flow of water in natural streams, and for the purpose of

distributing water therefrom.

Comp. Stats., 1920, ch. 282, p. 832.

Sec. 4535 (1884). Legal standard time.—The mean local time of the one hundred and fifth meridian west of Greenwich is and the same is hereby adopted and declared to be the legal standard time for all points in the State of Wyoming, and computations of legal time shall be made thereby, using such standard time as a basis. Comp. Stats., 1920, ch. 231, p. 715.

Sec. 3731 (al915). Misbranded food; net weight to be marked.—That

the term "misbranded," as used herein, shall apply to all drugs

or articles of food, or articles which enter into the composition of

food, the package or label of which shall bear any statement, design

or device, regarding such article or the ingredients or substances

contained therein which shall be false or misleading in any particular, and to any food or drug product which is falsely branded

as to the State, Territory or country in which it is manufactured

or produced.

517—27 59
928 LAWS COXCEEIfllvG WEIGHTS AKD MEASUBES

That for the purpose of this act an article shall also be deemed

to be misbranded ; * *

* In case of food ; * *

* Third. If in package form, the quantity of the contents be not

plainly and conspicuously marked on the outside of the package

in terms of weight, measure or numerical count : Provided^ however^

That reasonable variations shall be permitted and also exemptions

as to small i^ackages may be established by rules and regulations

made in accordance with section 3741.

See. 3732 (al913). Samples; disposition of; misbranded unless net weight is shown.—^Under the aforesaid rules and regulations, representative samples shall be collected by the State dairy, food and oil commissioner, or his deputies. Samples may be purchased in the

open market, and, if in bulk, the marks, brands, or tags upon the

package, carton, wrapper or other container, and the accompanying

written or printed matter shall be noted. * * * For the purpose

of this chapter all samples which do not show the net weight properly

marked on top of the box, package, or on the face of the principal

label, may be disapproA-ed by the State dairy, food and oil commissioner without further test and the absence of the net weight properly

labeled shall be prima facie evidence that they are misbranded and

need not be sent to the State chemist for examination, but may be

certified to the county attorney directly by the State dairy, food and

oil commissioner without the certificate of the State chemist.

Sec. 3741 (191S). Rules and regu.ations.—The State dairy, food and

oil commissioner, in executing the provisions of all laws which come

under his jurisdiction shall accept such of the rules and regulations

of the United States Department of Agriculture as he may deem

necessary and adopt the standards of purity for foods as laid down

by the United States Department of Agriculture, also make, promulgate and enforce such other rules and regulations as may seem

necessary and proper to a prompt and efiective enforcement of the

laws.

Comp. Stats., 1920, ch. 234, p. 722.

Sec. 3759 (1917). Label to contain statement.—Every lot or parcel

of commercial feeding stuffs sold, offered or exposed for sale or dis- tributed within this State shall have aflixed thereto a tag or label,

in a conspicuous place on the ouftide thereof, containing a legible and

plainly printed statement in the English language, clearly and truly

certifying

:

{a) The net weight of the contents of the jDackage, lot or parcel;

(5) The name, brand or trade-mark;

(c) The name and principal address of the manufacturer or per- son responsible for placing the commodity on the market : * *

* Comp. Stats., 1920, ch. 269, p. 814.

See. 4448 (1890-91). State inspector to adjust scales and measures.

* * * The State inspector is hereby made the legal adjuster of all weigh scales, measures or other mechanical machine by which the

miners' coal is weighed or measured, and shall balance and adjust

said scales or measures at any time he may consider it necessary in

his official visits to the mines.
WYOMING 929

Comp. Stats., 1920, ch. 273, p. 825.

Sec. 4489 (1911). Regulating the weighing of coal.—It shall be unlawful for any mine owner, lessee, operator, agent or company in

this State, employing miners at bushel or ton rates, or other quantities, in mining coal, to pass the output of coal mined by said miners

over any screen or any device which shall take any part of the marketable coal from the amount thereof, before the same shall have

been weighed and duly credited to the employes sending the same

to the surface, unless otherwise agreed upon between miners and

their employers. In case of any agreement where coal is credited

to miners after having been screened and weighed, said miners or employes shall receive compensation for all marketable or saleable

coal sent by them to the surface, and accounted for at the customary

rate of weights : Provided^ That this section shall also apply to the

class of workers in mines known as loaders engaged in mines where

mining is done by machinery whenever the workers are under contract to load coal by the bushel, ton or quantity.

Sec. 4491. Checkweighman.—The miners employed by or engaged

in working for any mine owner, lessee, operator, agent or company

in this State shall have the privilege, if they so desire, of employing

at their own expense a checkweighman, who shall have like rights

and privileges in the weighing of coal as the regular weighman and

be subject to the same oath and penalties as the regular weighman.

Sec. 4492 (al919).—The owner, lessee, operator, agent or company

operating any coal mine in this State, at which miners are paid

by weight, shall provide suitable and accurate scales of standard

manufacture for weighing of coal which may be procured from

such mines; such owner, lessee, operator, agent or company shall be

required to keep United States standard weights to test said scales. At ever}'' mine where the coal miner is paid for by weight it shall be the duty of the weighman and the checkAveighman to examine and

balance the scales each morning, and in no case shall any coal be

weighed until such scales are tested by the United States standard

weights and found correct : Provided^ That if the weighman and

checkweighman shall disagree, work may continue until the inspector of mines can be present, and any erroneous weights made daring

such time shall be rectified. When differences shall arise between

the weighman and the checkweighman, or operator, of any mine, as

10 the correctness of the scales, the same shall be referred to the

inspector of mines whose duty it shall be to see and regulate the same at once. The mine inspector of the district upon each regular

visit to each mine, shall test the scales used for the weighing of coal

if for any reason, he believes the scales to be inaccurate he shall call in the county assessor, as county sealer of weights and measures, and they shall proceed to test out the scales according to United

States standards ; if any inaccuracies are discovered they shall direct

the scales to be properly repaired or adjusted until they register

approximately correct weights. Any failure on the part of the mine

inspector, and county assessor when called on to perform these

duties shall constitute a refusal to perform the duties of their office and upon failure to do so they shall be reported to the governor of

the State in writing. The inspector of mines upon each regular

visit to each mine shall test the scales used for the weighing of coal.
930 LAWS CONCERNING WEIGHTS AND MEASURES

Miners employed in the mine and others personally interested shall at all proper times have full right of access to and examination of

.-scales or apparatus used for weighing coal in or about said mine;

Provided, however, The provisions of this chapter shall not apply

to mines classed as prospects, but only to those having regular

output.

Sec. 4493 (1911), Fraudulent weighing; penalty.—Any person or persons having or using any scale or scales for the purpose of weighing the output of coal at mines so arranged or constructed that

fraudulent weighing may be done thereby, or who shall knowingly

resort to or employ any means whatever by reason of which such

coal is not correctly weighed and reported in accordance with the

provisions of this act, shall be deemed guilty of a misdemeanor and

shall upon conviction for each offense be punished by a fine of not

Jess than one hundred dollars nor more than three hundred dollars, or by imprisonment in the county jail for a period not to exceed sixty

days, or by both such fine and imprisonment.

Sec. 4494. Loaders included.—The provisions of this chapter shall also apply to the class of workers in mines Imown as loaders, engaged

in mines wherein mining is done b};- machinery. Whenever the workmen are under contract to load coal by the bushel, ton, or any quantity, the settlement of which is by weight, the output shall be

weighed in accordance with the provisions of this chapter.
APPENDIX

LEGAL WEIGHTS PER BUSHEL OF COMMODITIES

[REPRINTED (WITH SLIGHT REVISION) FROM CIRCULAR NO. 10 (FOURTH EDITION) OF THE BUREAU OF STANDARDS]

931
I
COMMODITIES FOR WHICH BUSHEL WEIGHTS HAVE BEEN ESTABLISHED IN HOT MORE THAN FOUR STATES

Beans, Lima, in pod, 34 pounds (Connecticut).

Beans, Velvet, shelled, 60 pounds (Alabama).

Beggaeweed Seed, 62 pounds (Florida).

Blackberries, dried, 28 pounds (Alabama, North Giirolina, South Carolina, and

Tennessee).

Black Medic (cleaned), 56 pounds (Alabama).

Blueberries, 42 pounds (Maine).

Butternuts, dried, 28 pounds (Vermont).

Cane Seed, 50 pounds (Kansas and SoutdP Carolina).

Cantaloupe Melon, 50 pounds (North Carolina, South Carolina, and Tennessee).

Chufas, 54 pounds (Florida).

CowpEAS, 60 pounds (Indiana, Maryland, and Virginia).

Culm, 80 pounds (Maryland).

Feed, 50 pounds (Maine).

Feteeita, 56 pounds (Kansas).

Grass Seed :

All meadow and fescue except tall, 14 pounds (North Carolina).

Bermuda, 40 pounds (New Mexico and Oklahoma) ; 14 pounds (North

Carolina).

Carpet, 25 pounds (Alabama).

Clover, bur, 10 pounds ( Alabama )

Italian rye, 20 pounds (Alabama, North Carolina, South Carolina, and

Tennessee)

Johnson, 28 pounds (Arkansas) ; 25 pounds (Alabama and North Carolina )

Perennial rye, 14 pounds ( North Carolina )

Eye, 22 pounds (Nebraska).

Sudan, 40 pounds (Kansas) ; No. 1, 32 pounds. No. 2, 30 pounds, No. 3, 28 pounds (Texas).

Tall meadow and tall fescue, 24 pounds (North Carolina).

Velvet, 7 pounds (Alabama, North Carolina, South Carolina, and Tennessee) . Guavas, 54 pounds (Florida).

India Wheat, 46 pounds (Vermont). (This is a species of buckwheat.)

Land Plaste-r, 100 pounds (Alabama, North Carolina, South Carolina, and

Tennessee).

Lentils, 60 pounds (Pennsylvania).

Mangelwuezel, 60 pounds (Connecticut and Maine).

Meal, except oatmeal, 50 pounds (Maine).

Melilotus Seed (cleaned), 60 pounds (Alabama).

Middlings, coarse, 30 pounds (Indiana).

Milo Maize, 56 pounds (Kansas) ; 50 pounds (Texas).

Mustard Seed, 58 pounds (North Carolina).

Parsley, 8 pounds (Connecticut, Maine, New Hampshire, and Vermont).

Paspalum (Alabama). (Tlie weight has been omitted in the law.)

Peach Seed, 50 pounds (North Carolina).

Peas, black-eye and other cowpeas, 60 pounds (Virginia).

Peppers, 24 pounds (Connecticut).

Pieplant (see under rhubarb in following table). Radish Seed, 50 pounds (Iowa and South Dakota).

Root Crops (not otherwise specified), 50 pounds (Iowa, Nebraska, and South

Dakota )

Sage, 4 pounds (Alabama,- North Carolina, South Carolina, and Tennessee).

Salads (mustard, spinach, kale, and turnips), 10 pounds (North Carolina) ; 12 pounds (South Carolina) ; and 30 pounds (Alabama and Tennessee).

Sunflower Seed, 24 pounds (North Carolina).

Teosinte, 59 pounds (North Carolina).

'Other kinds of grass seed tbiui tliose given here will be found under their specific names on pp. 934 to 941, 933
934 LAWS CONCEENIISrG WEIGHTS AND MEASUBES

Commodities for which inshel weights have heen established in more than

four States

Federal Statutes

Alabama

Arizona Arkansas--

Califorma

CO

Apples

40

48

Beans

60 30

Colorado

Connecticut Delaware

District of Columbia.

Florida

Georgia- Hawaii-.

Idaho...

Illinois-. Indiana.

3 50

48 25 24 12

148 HO

* 60

148 '78

60

* 60 24 8 24

Iowa

Kansas Kentucky.

Louisiana. Maine

Maryland

Massachusetts- Michigan

Minnesota

Mississippi

Missouri Montana--

Nebraska Nevada New Hampshire

New Jersey New Mexico New York

North Carolina- North Dakota- _ Ohio—

Oklahoma

Oregon

Pennsylvania- Rhode Island

South Carolina- South Dakota-.. Tennessee Texas-- --. XTtah

8 60

60

* 60

6 5046

45

56

24 56 "47 50 28 58

60 3 50 60

* 60

60

60 »60

60

i 60

12 50

"ii'

"46' 56 "47 50

i50

58

60 45

60

60

50 40

48

CO

60 SCO

60

60

60

46

55 10 47 13 50 60

60

3 50

3 50

3 50

40

48 »60

48 60 »60

'60

* 60

«56

Vermont

Virginia Washington—. West Virginia- Wisconsin Wyoming

48 60 " 60 46

44

3 48

40 15 60

60

60

38

58

i< 60

66 18 50 58

I Not defined, except as noted.

' Green or ripe.

3 Green apples.

* White.

' Mangelwurzel; beets, table size, 50 pounds.

" Shelled.

' Velvet in hull.

» Wax.

' Dry or dried.

11 Windsor (broad).

11 Also sugar, turnip, and mangelwurzel.

1' Called "castor beans or seed" in the law,

13 White runner pole only. " Navy and soja.

1' Dried, shell. " Scarlet runner pole only;
APPENDIX 935

Gommodifies for loJiich bushel iceights have been estaMished in more than

four States—Continued

Blackberries

Blue-grass

seed

Blue-grass

seed

(English)

Bran

Bromus

Inermus

Broom-corn

seed

Buckwheat

Cabbage Canary

seed

Carrots Cement

Charcoal Cherries I

Chestnuts

|

48 14 20 42 50 50 60 50 80 22 1 66 50

A i*!7/^no A rlraTi^Q^ 14 20 48 5240

r\\ nrq H A ----- 14 52 20 48 50 2 20 220

--

Florida — 20

14 2 20 52

* 14

14 22 20

20

50

52 50

THinois 48 50 20

Iowa 14

* 14

14

20 _ 14 5030

4848

56

50

50

20 40

22 ' 56

'K'pTi In 1 plr^ 14 20

T,nni^i5iTiii Maine 40 20

20

48

48

50

IvI ary1 and 14 50 Atassschusetts

Tvlicliisan 14

14

14

14

1418

14

48

50

48

50

"IVT i rmp^nt" 57 45 60 Mississippi 20

20

2020

20

20

52

5250

50

48

5050

60

60

60

14 50 20 40 Nevada _ 22

XT T c. 14 20

2020

20

5248

5042

50

62

50

50

5045

5050

80

""so"

20 "22 New York

"l"56 ""5550

48 14

14 44

30

45

48

50 60

14

Oklahoma 14 20

14 20

2020

50 48

48

50

4850

52

50 50

50

50

5050

50

100 20

20

22

' 56 ' 50

South Carolina 48 14

14

14

14

4250

42

48

50 60 80 1 56 50 South Dakota —_ _.. 14 Tennessee 48 20

20

50 60 80 22

22

1 56 50 Texas. Utah

Vermont _ 48

48

50

50

20 60 Virginia 14 20 57

West Virginia — 48 14

14 22 20

20 57 4850

60 60 5050

50

100 20 1 56 60 Wisconsin _ Wyoming

• With stems; without stems, 64 pounds.

' Commercially dry.

' Wheat bran.

* Native.

JHulled.
936 LAWS CONCERNING WEIGHTS AND MEASURES

Commodities for which bushel weights have ieen established in more than

four States—Continued

Clover

seed

Coal

Coke

Corn, including Indian corn or maize

oO 1

Anthracite |

Bituminous

Mineral

Stone

Cracked

In

the

ear

In

the

ear,

unhusked 1

Popcorn

(in

ear) 1

Popcorn

(shelled)

Rice

corn

Shelled Sweet

1

56 2 56 Alabama 3 60 80 40 70 <75 70 56 56 :::: Arkansas 60 5 70 i 74 56

2 52

2 56

2 56

2 56

...J.... Colorado -.- 60

60 80 70 Connecticut _-. _ 80

1L.

70 56

56

2 56

5650

---- Georgia - 60 80 70 Idaho 60

6 BO

70

70

56

Illinois - 80 40 —

70 66

. 1 Iowa - 60 1 80 40 ' 70

5 70

» 70

' 75 70

70

56 ' 56

56

56

2 56

2 56

56

50 Kansas - -- --. 60 Kentucky.- 60 •76 '76 8 76 75 Maine.. 60

i» 60

50 Maryland 80 70 Michigan 60

60

60

6060

60

60

60

80 60 70

70

72

70

70 "70

70

56

56

56

56

56

' 56

56

2 56

""48

""so

Minnesota.

Mississippi 80 Missouri 80 Montana _ .- 76 Nebraska - 80 40 '75 70 56 Nevada 56 New Hampshire . ..- 50 New Mexico - 60

60 " 60

60

60

60

80 40 70 72 70 56 56

2 56

56

56

56

56

""48

16 45

New York - North Carolina 8080

40 5 70

70

08

74 "70

North Dakota.

Ohio. " 70 80 40 42 Oklahoma 80 70 72

Pennsj'lvania

lOOOOOO

75 76 80 40

40

40

-—

6 7070

5 7070 '70

(16)

56

56

56

56

5656

""so

80 South Carolina.. - 80 < 74 56 South Dakota 70 56 "70

70 Tennessee 1 80

80

40

40 *74

Texas... - 80 56 Utah - Vermont - 60

60

72 2 56 56 80 56 West Virginia - 60 l»60 80 40 50 "68 18 56 56

2 5656

SO Wisconsin.

70 56

' Not defined, except as noted.

2 Not stated whether shelled or unshelled, but presumed from the weight shown to be shelled.

' Red and white.

< Corn, green, with shucks, 100 pounds per bushel.

5 Husked.

« Clover seed, sweet, unhulled, 33 pounds, Illinois; 23 pounds, Texas.

' Field corn.

8 " Stone coal "; the term includes anthracite, cannel, bituminous, and other mined coal.

" Corn in the ear, in Kentucky, 70 pounds from Nov. 1 to May 1 following, and from May 1 to Nov. I following, 68 pounds; in Mississippi, in connection with public local grain warehouses, "not exceeding

80 pounds" during the months of October and November only.

1" Also alsike (or Swedish), 60 pounds.

" Field corn, husked.

12 Red an ; white; clover burr (for seed in the burr), 8 pounds: German clover (also more commonly known as crimson clover), 60 pounds; Japan, lespedeza in hulls, 25 pounds in North Carolina; 60 pounds

for red and white clover seed and also for crimson, 10 pounds for burr clover; Japan clover (lespedeza), 25 pounds, it! Alabama

15 Not stated whether iu the ear or not, but from the weight shown it is presumed to be in the ear. " Cannel coal.

15 Shelled.

16 Corn in the ear in Texas, 70 pounds after Dec. 1 and 72 pounds for new crop before Dec. 1

1' In ear, dry; in ear, green, 72 pounds.

18 Shelled; unshelled, 45 pounds.
APPENDIX 937

Commoddties for ivhich bushel v:eights have teen estaMished in more than

-four States—Continued

Corn meal

(including Indian meal) Cotton seed

Cranberries Cucumbers

Currants

Dandelions

Emmer

a©aooo

Gooseberries COO.

5* C

Corn

meal

Bolted

Unbolted

Cottonseed

'

Sea

island

cottonseed

Upland

cottonseed

56 Alabama 48 48 32 48 56 48 1 3 fiO

Arkansas _ _ 48 33M 56

Colorado 50 Connecticut 50 44 30 32 48 12 55 Delaware- 44 48

Florida 48 32

30

44

Georgia 48 48 56 Idabo 48

48 56

Illinois —- 48 32 33 48 40 56 40

48 48

48

40

40

56

56

56

* 40 «48 Kentuckv- - - 60

50

48

44 30 32 40 12 56 Maryland 56 Michigan 60 40

36

66

66

66

5656

56

56

56

48

48

50

50

48

48

50

44 48 32

33 48 Montana -p _ 48 "48 5 40 Nevada.

32 12

New Mexico 50

50 32 48 5655

5656

66

56

New York 44

44

30

30 48

48

48 5 48 North Dakota- 36 Ohio 48

50

48 Oklahoma — 32 48 Pennsylvania- 50

50

32 48 40 66

56

56

56

56

56

40 48 Rhode Island 44 30 South Carolina 48 48 9 30 32 48

4848

48

40 48 '48

* 40

' 48

50

50 48

48

28 48 Texas 50 32 33 40 Utah

Vermont 50

48

1 32 48 12 40 55 Virginia 30 5fi Washington West Virginia... . 48

50 46 32 44

44

36

35 '60

"60

40 5656

56

40 » 60 Wisconsin 30

45

' Not defined. ' With stems; without stems, 60 pounds.

2 See also "Spelt or speltz." ' Cottonseed, long staple, 30 pounds.

' With stems, 48 pounds. ' Green.

< With stems.
938 LAWS CONCERNING WEIGHTS AND MEASURES

CommoMties for which bushel weights have teen established in more than

four States—Continued

Hair

1

Hempseed

Herds

grass

Hickory

nuts

Hominy 1

Horseradish Hungarian

grass

seed

Kafir

corn

Kale

Lime

Malt

Millet

[

Plastering

Plastering

(unwashed) 1

Plastering1

(washed)

Lime'

Slaked

Millet

>

1

Japanese1

barnyard

Alabama 8 44 45 50 62 50 48 56 2 80 40 50

50

44 80

45 50 50 312 70

1 50 Georgia - 8 44 2 80 Idaho - 8

8

4

4 4444

50

50

56

56

2 80

80 32

38

5050

""35

Illinois — - —- 50

44

44

44

' 5050

50 56

56 80

2 80 235

60

5 5050 Kansas - 8 4 38 Kentucky 8 50 Maine - - -- «11 44

44

45

45

48

50

12 70

80

50 «5035 Maryland '34 Michigan - _ 44

5044

44

4444

48

5048

60

48

60

70

SO

2 80

5048

60

60

-

- Minnesota. _-. . 8 4 50 38

38

30 Missouri Montana 2 80

80 -—

Nebraska. - <50 565660

60 —

35

50 32 New Hampshire 45 70

New Mexico 44 50 56 2 8070

2 80

80

7080

50

45 North Carolina 8 44

50

44

44

»50

50

SO

62 50 48

48

60

48

50 10 40 50

50

50

50

8 4 Ohio - fiO 5656

34 Oklahoma I 38

8 44

4444

44

44

44

45 50 60 50 50

50

48

50

48

48

56 80

70

2 80

80

2 80

'46"

38

38

50

50 i»50

60 i»60

50 35

South Carolina 8 50 <S0

50

50

62 50 56

56

50

12 lo'

South Dakota

Tennessee— - 8 62 50 40

8 4

45 5048

66 50 Virginia 8 44 2 80 38 50

West Virginia - Wisconsin 8

8 4 44

44 45 5060

60 60 50

48

56 15 270

(>') 40 34

'34

60

60

35 WvnminiT 56

1

1

' Not defined, except as noted.

2 Unslaked.

2 Commercially dry.

' Hulled.

« Hungarian.

• Well dried and cleaned, used in masonry.

' Barley malt.

8 German and American.

« Without hulls.

>i German, Missouri, and Tennessee. " " Seventy pounds for a bushel of coarse salt or lime; 80 pounds for a bushel of unslaked lime."
APPENDIX 939

Commodities for which bushel weights have teen established in more than

four States—Continued

Onions

Orchard

grass

seed

Osage

orange

seed

Peaches Pears

O j

Onions

'

Bottom

onion

sets

Top

onion

sets

Parsnips Peaches

P

Dried

(peeled)

Dried

(unpeeled)

Peanuts m

(S R

2 3232

1

3 57 32 28 14

1 33 45 3 50 38 33 22 3 50 26

3232

S5

57 14 : 33

57 1

a'? ' .'52 45 52 33 52

32

32

OZ

3232

5657

* 54 24 22

s 25

55 n 38 33

5757

50

50 4848

33 oZ 30 14 33 33 6 20 58

32

32

• 3232

3232

52

5557

32 28 14 32 4548 48

48

33

3339

22 4550

36 14 24

52

54

14

14

45 48 840

33 6 20

22

58

TV r 1 A (°)

3232

32

32

3232

32

32

54

52

57

57

5757

5752

14

14

33 50

42 2828

33

33

o2 28 48 22

24

45 Mississippi

28 14 36 44

50

50

5045

48 48

45 32 28 14 32 48 45 48

48

33

33

33

22 New Hampshire . - -.. 6 20 58

32

3232

32

57

57

3 5752

56

57

32 sii 1 14 42 48 33

33

2528

33

33

22 48 New York 1 North Carolina 32

32

28

28

10 28

28

14

14 33 5042

5044

9 22

22

1 3 56

1 45

1

26 North Dakota- Ohio 32 48 Oklahoma . 32 14 36 48 22

j 48

Peimsylvania —. -- -- 3232

32

3232

50

50

3 56

52

3 5657

10 28 14 50

50

5048

50

50

4848

3 5048

3 50

50

; 38 33 22

1 50

33

2533

26

28

South Carolina ! 32

i 32

32

1 32

28

30

28

30

14

14

14

14

3332

33

23

20

23

11 20

3 36

45

3 56

i 58

26 South Dakota

Tennessee 26 Texas 32 — -

Utah Vermont 32

32

52

57 4550 48 6 20

12 22

58 Virginia 14 40 32 Washington West Virginia— 32 5550

57

32

10 32

28 14 33 42

44

48

48

48

33

33

23 50 Wisconsin 32 48 Wyoming--. 32 50

j

' Not defined, except as noted.

2 Hulled or unhuUed.

• Matured.

< Green.

' Called ground peas in the law. Roasted; green, 22 pounds.

? Shelled.

8 Peaches, peeled; unpeeled, 32 potmds; not stated whether dried or not.

' Spanish, 30 pounds.

10 Not stated whether top or bottom onion sets. " Roasted; green, Georgia or Virginia, 22 pounds; Spanish, 24 pounds.

'2 Virginia; Spanish, 30 pounds.
940 LAWS CONCEENING WEIGHTS AND MEASURES

Commodities for which hiishel weights have been established in more than

four States—Continued

Peas

Plums

Potatoes

Quinces

Rape

seed 1

Raspberries

Red

top

or

red

top

seed

Rhubarb

or

pie

plant

hi 3^

X3 <D

bfl;f IS

Ss

!

Rutabagas «

s

CO

<o

Green,

unshelled

3.

Wrinkled

Irish

or

white

&

60

' 60

1 5656 A 1 O Vl Q TTl 1 30 64 60 55 3 48 50 48 14 50 45 uU

60 60 50 14 5654

5056 "56

60

> 60 26 48 60 54 48 45 00

40 60

60

56

55

48 56

56

5066

56

""56

60 43 «60

' 60 60

60

5050 T 1 1 i Ti ni c 32 48 50 14 45 50

> 60

6060

5030 48

52

60

60

60

SO

« 60

55

48

48

50 14 6050

56

56

5632

56

56

"50 60

' 60

28 56 60

60

54

60

48

50

40 14 '1444 60

60

! 60

60

60

60

' 60 i60

60

> 28 60

6060

60

60

60

60

60

56

6654

56

1414

56

6656

6656

56

56

56

----

"50

56 50 50 —

52

56 60 14 50

50 —.1-... 48 50

5054

48 60 14 60

1 New Hampshire. 28 48

XT T 60

60

2 6060

60

60

1 60

60

5660

60

60

50 48 60 50

'52'

5666

"> 56

i«56

56

56

"50

-—

54

5646

50

56

45 North Carolina--- 30 64 3 48 48 14 8 50 44

50 50

Clh' 50

56 60 60 14 60

1 60

60

2 CO

* 60

2 60

> 60

28 64 60

60

60

60

60

60

54

54

50

64

60

50

48 50 48 14 45 60 56

5656

66

56

56

50

50

50

50

151 ^ T 1 1 60 "30

5630

32

644864

»48

'48

'48

48

50

50

50

48 Is'14

14

14

14

«50 60

50 Tennessee «50 Texas 45 50 Utah - Vermont 60 28 48 60

60 64

56 48 1440

56 Virginia- 56

West Virginia 2 60

60

12 30 56

56

60 56

60

60

6054

50

48 505048 141450

56

6656

56

50 Wisconsin 45 50 Wyoming

' Not defined, except as noted.

2 Dry.

3 Matured.

' Dried.

« Shelled, dried peas.

* Sweet potatoes, seed, sorted, Ij^ inches diameter and under 45 pounds.

' Red top grass seed (chafi); fancy, 32 pounds.

* Smooth peas.

9 Called pieplant in the law.

i» Seed. " Not stated whether sheUed or unshelled.

'2 Green, shelled, 50 pounds.
APPEKDIX 941

Commodities for which lushel weights have teen established in more than

four States—Continued

Salt

•a e

1

Spelt

or

spel

Strawberries

i

t

Coarse

salt

Fine

salt

Sand

Shorts

o

a

SI

>-l om

Timothy

s(

Tomatoes

Turnips

Walnuts Wheat

i 60

ou 50 40 48 45 56 55 50 60

50 50 60 57 6U

60

80 1 1 45 60

70 70 20 3 12 45 56 < 50 6060

Florida OU 56 54 60

4o 55 60

60 Idaho oU

----- 50 45 56 55 60

55 50 — 20 50 40 12 45 56 55 50 60

Iowa 80 130 20 5 50 40 45 50 55 « 50 60

fin 50 40 14 45 56 55 7 50 60

OU 55 45 60 60

60 S70 s 60 50 12 40 45 56 i 50 60 Maryland 70 56 50 45 60 60 60

I" 00 45 58 60

IMinnesota.- 40 45 50 55 50 60

-Vlississippi -";a ou s 45 55 60

Missouri; 50 42 45 45 11 42 60

50 45 50 60

80 130 20 50 48 45 56 55 650 60

80 50 45 56 56 60 New Eampshire 70 50 20 12 45 56 55 60

130 50 45 50 56 60

70 56 1 20 45 60

50 50 10 48 45 56 50 »50 60

80 57 40 45 50 60 50 60

50 45 56 60 12 50 60 Oldahoma_ 80 50 45 45 11 42 60

Pfin iisvlvania 85 "62 100 20 50

1

40 12 48 45 56 56 "50 60 Rhode Island . 70 50 20 45 56 50 60 South Carolina „ 50 ] 50 12 48 45 56 50 50 60 South Dakota 80 130 i 50 45 45 50 55 6/50 60 Tennessee 50 30 48 45 56 50 50 60

55 50 20

j 50

! 50 12 45 56 55 £0 60

70 56 1 40 12 45 56 60 1 60

Virginia 50 1 45 60 55 60 Washineton _ _ _ 70 50 130 20 57 40 15 48 45 56 55 50 60

70 50 20 ! 45 56 42 60 1 45 56 55 60

i

1 Not defined, except as noted.

2 See also "Emmer." Spring emmer has frequently been erroneously called speltz, this name being

a misspelling of spelt, which is a distinct crop. The dilierences between spelt and emmer are pointed out

in TJ. S. Dept. Agr. Farmers' Bulletin 466.

3 Commercially dry.

* English in Connecticut; common Enghsh in Maine.

' Sorghum saccharatum seed.

6 Hulled.

• Black.

8 Turk's Island salt or other grades of coarse salt.

' Liverpool salt or other grades of fine salt. " Michigan salt.

11 Common.

" Domestic.

1! Ground.
942 L-IWS COXCEBNIJSTG WEIGHTS AND MEASURES

Bushel weights {found in the preceding pages), with corresponding proportional weights for various sul>divisions of the bushel

Bushel weight in pounds

4... 8-.

10..

11 —

12..

14..

15.-

18-. 20-.

22..

23-.

24..

25.. 26-.

28-.

30-.

32..

33.. 33M

34-.

35.. 36..

38.. 39..

40-.

42..

43..

44..

45.-

46-.

47... 48-.

50-.

52.- 54_.

55..

56.. 57..

58.-

60...

62..

64...

68... 70..

72-.

74...

75... 76...

80... 85..

100-

130-.

One-half bushel One peck One-half peck

bs. Ozs. Lbs. Ozs. Lbs. Ozs. Lbs. Ozs. Lbs. Ozs.

2 1 8 7 2

4 2 Q 1 Q Q g Q 4

5 Q 2 g 4 Q

' 10 Q

5 g 2 12 Q Q Q O. g 3 Q 1 g Q 12 Q

7 3 8 1 12

1

' 14 7 g 3 14 Q 1 T Q 7 5 9 4 g 2

1 ^2

Q g

10 5 2 g

' 4 Q 10

21 Q 5 g 2 12 nu

]1 8 5 12 2 14 7 11.5

12 Q g Q Q g Q 12

12 g Q 3 2

r 9 Q 12. 5

13 Q Q g 3 4 in u 13 14 Q Q 3

Do 12 u 14

15 7 8 3 12 1 14 15 16 g Q 4 Q Q Q

16 Q g 4. 4 2 9 2 5 16 10.

g 5.3 4 9 7 2

1 Q I. O 7

17

q' g g 4 4 2 2

r

2

17 8 8 12 4 6 2 3 1 1.5

18 Q 9 Q 4

QO 2 2

19 9 g 4 29 2 g 3

19 g 9 4 14 2

r 3 5 20 Q 10 Q ^ Q 2

QO 4

21 10 8 5 4 2 10 5

21 g 10 19 2 ] 2 5 5 22 Q Q

Qo 9 29

7 D

22 g 4 in 2 Lo 6 5

23 11 8 5 12 2 14 1 7

23 g 12 5 14 2 15 r. 24 Q 19 U

e u 3 uoo

25 Q 12 co 6 4 3 2

26 13 6 8 3 4 1 10

27 13 8 6 12 3 6 1 11

27 g ft 14 qo

_ 11 5 28 Q 14 Q

•7 QO

r 12 28 8 14 4 7 2 3 9 1 12.5

29 14 7 4 3 10 1 13 30 15 7 8 3 12 14

31 15 8 7 12 3 14 1 15 32 16 8 4 2

34 17 8 8 4 4 2 2 35 17 8 8 12 4 6 2 3

36 18 9 4 8 2 4

37 18 8 9 4 4 10 2 5 37 8 18 12 9 6 4 11 2 5.5 38 0. 19 9 8 4 12 2 6

40 20 10 5 2 8

42 8 21 4 10 10 5 5 2 10.5 50 25 12 8 6 4 3 2 65 32 8 16 4 8 2 4 1

One-quarter peck One quart
INDEX

A Page

Accounts: based upon false weights and measures 262 recovery of value of goods sold 179, 354 unsealed weights and measures, effect upon 533 Acre. See Units of weights and measures.

Acre-foot. Sec Water.

Agricultural colleges, standards furnished to. 7 replacing lost 7 Alabama, laws of — 47 Alaska, laws of - 60

Ale, standard measure for 70

Ale, porter, and beer, barrel for and subdivisions.. - 901

.... 902

.... 333

.... 934

tolerance on, to be prescribed Alewives, barrel for Alfalfa seed, weight per bushel Ampere. See Electricity, units of. Anthony, Daniel, work on gauging 720 Anthracite coal. See also Coal. weight per bushel 936 Apothecaries weights and measures, test- ing 358,457

See also Units of weight and measure.

-Appendix 931 Apple seed, weight per bushel... 934 Apples. See also Barrel for fruits and vegetables, barrel for

capacity... 19, 47, 147, 291, 331, 364, 516, 731, 751, 780, 837, 902 dimensions 19,147,291,

331, 339, 342, 363, 438, 516, 604, 751 ,837, 849, 902 double head, dimensions.- 339 how marked 19, 332, 364, 517, 604, 837 number of pounds to 849

of less capacity, how marked 339, 849

of other form than standard may be used. 19,

147, 291,364, 751,837,902 basket for capacity 156, 902

of other size to be marked.. 156 box for, capacity 79,

122, 147, 168, 196, 270, 331, 364, 464, 516, 837, 902 dimensions.. 79,122,147,

168, 237, 270, 331, 364, 464, 516, 557, 649, 837, 868 how marked 332,464,837 short box, how marked 464

special, dimensions 649 tolerance on count 464 unlawful to manufacture or use other 271 weight or number to be marked... 203, 464, 869

crate, capacity 902 package, to be marked with count or size.. 675 with net weight or number... 203 weight per bushel 934

dried 934 517—27- -60

Appliances and accessories: Page may be insjMcted and tested 50

63, 65, 102, 103, 136, 137, 149, 162, 232, 300, 357,

393, 411, 453, 500, 610, 613, 670, 733, 776, 795,

831, 863, 883, 891, 896, 897, 926. giving false indications 81, 455 regulations concerning may be made 475, 896

See also Type of apparatus; and Weights and measures and weighing and measuring devices. Apricots, basket, dimensions 118 standard packages for 117 Are. See Metric system.

Arizona, laws of 61 Arkansas, laws of 78 Ashes, bushel, quantity allowed for 834 pot and pearl, barrel for. 619 standard measure for, form and dimensions. 461 how heaped 461 Assay Commissioners, appointment and

meeting of 39 Assay office, altering weights at 42 standard weights for, to be procured 40 Avacados, standard packages for 117 dimensions 118 Avoirdupois weight or measure. See Units

of weight and measure. Awnings, unlawful ro conceal size 222 B

Babcook or other test for milk and cream 58, 75, 131, 146, 160, 202, 226, 252, 263, 291, 311,

328, 387, 406, 425, 434, 446, 467, 492, 507, 519, 600, 621, 657, 689, 771, 787, 827, 858, 877, 915. apparatus may be tested 388, 521, 837, 859, 917 may be destroyed, when 789 glassware, specifications for 76, 226, 253, 292, 406, 492, 600, 637, 668, 689, 915 standard.. 132, 160, 264, 291, 311,

329, 425, 492, 508, 637, 657, 788, 827, 877, 916

testing. _ 252,

387, 468, 492, 508, 520, 636, 788, 836, 858 payment for milk or cream, evidence that

test was made 202

scales for-. 435,638,659,788,878 speed or method of operating. 467, 660, 877

test to be evidence. 789 unlawful use or manipulation of 68,

76, 131, 160, 202, 228, 252, 264, 291, 408, 435,

446, 507, 657, 771, 788, 827, 836, 860, 878, 879,

917. Badges, sealer to be provided with 631, 843, 899

to exhibit, when 843 Bag or sack of or for. See also Barrel; and

specific article. beans, exact weight to be marked 173 bran, number of pounds to 269, 302, 798 943
944 INDEX

\B8g or sack of or for—Continued. Page

' charcoal 369,573 chops, number ofpoundsto 302

coal.- 324,369,496,573,717,866 coke 324,369,573,717

corn, weight fixed 54 cormneal, gross weight fixed 184, 628, 785 how packed for exportation 158 may be seized, when 629

tolerances 184 weight 53, 184, 195, 216, 269, 288, 477, 495, 585, 628, 732, 781, 785, 851 weight to be marked... 184, 288, 586, 628, 785, 851 cottonseed hulls, weight fixed _. 54 weight to be marked 185 cottonseed meal, weight fixed 269 weight to be marked 84, 269, 431, 590

feed, gross weight fixed 628 made from cereals, weight fixed 269 feeding stufis, weight of, fixed 56, 83, 188, 255, 269, 290, 590, 747, 765, 787, 815, 860

to be marked... 56, 83, 123, 145, 159, 177, 188, 226, 254, 269,

278, 290, 310, 330, 344, 368, 406, 426, 431,

447, 488, 523, 552, 577, 590, 600, 623, 634,

656, 694, 709, 728, 747, 765, 785, 787, 815, 825, 838, 860, 871, 892, 917, 928.

fertilizer, weight of, fixed 311, 738, 815

to be marked 56, 81, 145, 178, 187, 226, 311, 331, 344, 372,

405, 426, 489, 524, 551, 577, 589, 600, 623,

634, 656, 694, 728, 738, 787, 815, 838, 857,

871, 892, 917.

floui-

tolerance on_.. __ 73,184,785 weight of 185,

195, 216, 259, 269, 302, 305, 398, 414, 429, 438,

495, 58G, 595, 628, 648, 649, 744, 751, 785, 798

851, 890. weight to be marked 73, 81, 158, 173, 183, 185, 269, 305, 398, 431, 438, 441,

477, 586, 617, 628, 785, 844, 851. rye, graham, weight 477 whole wheat, weight 477

grits, capacity of- 732 weight fixed. 184,288,785,851

to be marked. 184,288,785,851

grain, weight, fixed 54 may be deducted, when... 203, 649

to be marked... _ 54,81,173,305 hops, deduction for weight of.. 650 lime, agi-icultural, weight 799

to be marked 159, 331, 344, 551, 623, 644, 858 hydrated, weight. 799 meat meal, weight 269

oil, meal, weight 269

oysters, capacity 307

I)eanuts, weight to be marked 173 potatoes, weight 649, 866

to be marked 173,866

rice bran, weight 799, 815

rice polish, weight 799

shorts, weight 269, 799 tankage, weight 269 wood, kindling 369, 573

Bagging and ties: Page

deduction for, or weight of 54,

84, 182, 185, 519, 650, 739, 740, 787 number yards to bale 84

prohibited, when 185

for hops, weight of bailing cloth 571, 650, 869 Bale of: cotton, weight, minimnTn 740

to be marked 562, 632

flour, weight of.. 649 hayshrinkage 572

tare . 572,688,725 weight to be marked. 72, 252, 260, 269, 572, 688. 725 hemp, weight to be marked 855 hops, how marked.. 571 tare 571,650,869 weight of 571,869 straw

how marked., 572

tare 725 tolerance on... 72,572 weight to be marked 260, 269, 688

Ball. See Textiles. Bananas, hampers for, use permitted 247 Banks, tender by, not legal when 844

test of weights, when. 844 Bark, certificate of quantity to be furnished. 375, 518

cord, dimensions 322, 692, 834, 844 how measured or stowed 603, 692, 834 number cubic feet to 322, 603, 692, 844 number pounds to 179, 685, 899

fees for measuring 518 measurement before sale or delivery 322 ton of, number pounds to 685 Barley, weight per bushel , 934 Barrel of or for: apples, capacity 19, 47, 147, 291, 331, 363, 516, 731, 751, 780, 837, 902 dimensions 19, 147, 291, 331, 339, 342, 363, 438, 516, 604, 751,

837, 849, 902. how marked or branded. 19, 332, 364, 517, 604, 837 number of pounds to 849

of less capacity, how marked 339, 849 other form than standard may be used... 19, 147, 291, 364, 751, 837, 902

ale, porter, or beer, numberof gallonsto 901 tolerance on .1. 902

ashes, pot and pearl 619 beans, capacity.. 47,338,731,780 dimensions 339

of less capacity than standard, how

marked 339 beef or pork, half barrel 618 how made 309, 618, 854 how marked 309 number of gallons to.. 745 number of pounds to 248,

251, 302, 309, 579, 618, 721, 731, 745, 780, 854 packing less than lawful weight 249, 431 beets 339 bread. 854 breadstuffs 158 broccoli 339
INDEX 945

Barrel of or for—Continued. Page

butter or lard 784 cabbage 339

carrots cement, net weight to be marked — 852

charcoal, capacity 430

cisterns, measurement of 79 clams, capacity 176 clambait 333,362

coal 303,430 com - 48,339,731,780 commeal, dimensions 158 subdivisions of. 53, 158, 184, 269, 784 tolerance on 1^

weight of 53, 158, 184, 269, 784 weight to be marked 53, 158, 184, 431, 784 cottonseed meal 84, 431

cranberries, dimensions 20,

167, 214, 364, 403, 525, 648, 847, 902

of less capacity than standard.. — 403

rules and regulations for 21 subdivisions 21, 167, 214, 403, 648 tolerances on 22-26,404 feeding stuffs, net weight to be narked.. 177, 431

fish, capacity 145, 333, 729, 854 dimensions - 333

half barrel 145,579,618,729 how made... 145,618,729,854 mackerel, number of fish. 729 manure, number of gallons. 728 menhaden or herring 729

pickled, number of pounds to 729

half barrel 729 shad, half barrel 1'14 number of fish to 1^

weight... -- 144 weight of 144, 332, 618, 729, 731, 780

flour, containing 200 pounds 798 dimensions 172,617,784,854

forfeiture for short weight 431,629 how made --- 784,854 number of gallons to 751

rye, subdivisions 269 weight of .. 158,269

to be marked 158 subdivisions, weight of 158,

172, 184, 195, 216, 259, 269, 302, 305, 398, 414,

429, 438, 477, 495, 586, 595, 628, 648, 649, 744,

751, 784, 798, 854, 890. weight to be marked 73,

81, 158, 173, 183, 184, 269, 305, 398, 431, 438,

441, 586, 617, 628, 784, 844, 851. tare to be marked 617 tolerance on 73, 184, 785 weight of 48, 142, 158, 172, 184, 195, 216, 248, 251, 259, 269,

302, 305, 319, 339, 366, 398, 414, 429, 438, 477,

495, 586, 595, 617, 628, 648, 715, 731, 744, 751,

780, 784, 798, 844, 854, 890, 902. to be marked. 73, 81, 158, 173, 184, 305,

398, 431, 438, 441, 586, 617, 628, 784, 844

fruits, vegetables, or other dry commodities,

capacity 20, 156, 167, 214, 270, 403, 751, 847, 888, 890, 902 dimensions 20, 167, 214, 339, 403, 604, 751, 847, 888, 890, 902

of less capacity prohibited 403

other form than standard may be used.. 20, 167, 214, 403, 751, 847, 888, 902

Barrel of or for—Continued. Page

fruits, vegetables, etc.—continued.

other size than standard 156, 339

rules and regulations for standard barrel,

for cranberries 21

for fruits and vegetable 21 subdivisions 21,167,214,403

tolerances on 22,404

gasoline, number gallons to 601

grits, subdivision 184, 398

tolerance 184 weights of 184,398,785 weight to be marked 184,398

herring 333 kale 339

lime, fractional parts 26, 576, 852 how marked 26,576,852 number pounds to 26, 372, 413, 576, 751, 799, 852, 890, 902

rules and regulations 27 tolerance on 29, 30

liquids, capacity 48,

79, 110, 141, 215, 257, 337, 365, 413, 461, 495,

656, 579, 594, 604, 684, 732, 751, 780, 798, 901 number to hogshead 110,

141, 215, 257, 337, 365, 413, 461, 495, 566, 594,

604, 684, 751, 798, 901. liquor, fermented.. _._ 43 malt, beverages _ 365 fermented 413 meal, dimensions _ 617,854

forfeiture for short weight— 431 how made. 854 subdivisions 305, 398, 854

tare to be marked 617 weight of-. 305,398,429,617,854

to be marked 173, 305, 617 melon, cantaloupe 732,780 middlings ___ 158

nails or brads.. 372

oil, flaxseed, linseed, or lard 618

oils and motor fuels 445

oils, petroleum products, capacity 601, 763 net contents in gallons to be marked 764

onions, dimensions 339,004 how marked 604

of less capacity than standard, how

marked 339 oranges, may be used for shipping 174 oysters, capacity 57, 176, 433, 814 parsnips 339

pears, capacity 751,902 dimensions 339,751,902 how marked 339

of less capacity than standard, how

marked 339 other form than standard may be used. 751, 902

peas, green, capacity 338,732,780 dimensions 339

of less capacity than standard, how

marked 339 pitch 854 potatoes, capacity 732,751,780,902 dimensions 339,604,751,902 how marked 604

of less capacity than standard, how

marked 339 other form may be used 751,902
946 INDEX

Barrel of or for—Continued. Page

potatoes—Continued,

sweet, capacity 732, 780 dimensions 339

of less capacity than standard, how

marked..! 339 weight 319 weight 142,288,319

to be marked 173 produce or farm products, capacity.. 156, 888, 890 dimensions 604,888,890 how marked 604

of other form may be used 888 other size, how marked 156, 339 proof spirits 43 quinces 339

rice, tare on 183 weight and tare to be marked 487

rosin 180

salt, forfeiture for shortage 785 how made 618,855 net weight of 691 tare weight 251, 619, 856 time allowance before weighing 856 weight to be marked 251, 618, 856 shrimp 302 spinach 339

sugar, forfeiture for shortage. 785 weight to be marked 487

tar 745,854 tobacco 487

turnips, capacity 732,780 dimensions.. 339

of less capacity, how marked 339 turpentine, dimension of staves 180 number of gallons to 180, 854 weight of 745

to be marked 745 Baskets. See also Berries and small fruits; Fruits and vegetables; and Produce and

farm products, climax for grapes and other fruits and vegetables, capacities and dimensions 30,

167, 244, 259, 270, 402, 541, 606

dealer not liable for correctness, when 403 how filled 608 how marked 259, 541 not conforming to provisions 542 other capacity prohibited 608

rules and regulations, concerning 32 may be established 271, 542

test of 542 tolerances 32,609

false bottom, prohibited 114, 735

for apples, capacity 156, 902 other size to be marked 156

for apricots, dimensions 118

for beans, shelled, capacity 168

for cabbage, capacity 156 other size to be marked 156

for charcoal, capacity 323, 369, 870 dimensions... 323,724,870 how filled 369, 573, 724 how marked 369,573 may be seized, when 323

sealing of 323,724

Baskets—Continued. Page

for coal, capacity 673 how marked 369, 673, 717 minimum weight 717

for coke, capacity 369, 573 how filled 369,573 how marked. 369, 673, 717 minimum weight — — 717

for cherries, capacity 168, 514 may be seized 614 not required to be sealed 514 number of cubic inches to 168

for currants, capacity 614 may be seized 514 not required to be sealed 614

for fruits and vegetables, capacity 156,

168, 241, 337, 338, 526, 538, 608, 805, 902 dimensions. 168, 241, 242, 608 how filled 246, 338, 397, 608 how marked 156, 527, 540

less capacity, how marked 339 may be seized and destroyed when 240 may be shipped to other State or country when.. 247 number cubic inches to 168,

241, 242, 337, 338, 608, 805 number of pounds to be marked 397 other form permitted 609 other size prohibited 246, 608

tolerance on may be fixed 245, 609 use prohibited as dry measure 169

for grapes, capacity 404 dimensions 118 how marked 404 number of pounds to be marked 397

for oysters, capacity 302,307

for peaches, capacity 156, 397 how filled 397 number of cubic inches to 397 number of pounds to be marked 397 other size to be marked... 156

for pears, capacity 338,902

half-basket, capacity 338

of less capacity, how marked '.. 339

for peas, shelled, capacity 168 number of cubic inch&s to 168

for plums, dimensions 118 number of pounds to be marked 397

for shrimp, number of pounds to 306

for tomatoes, capacity 156, 338 dimensions 174 not applicable to local shipments... 175 other size prohibited 174

for wood, capacity 369, 516 dimensions 725 how filled. 369, 516, 725 how marked 369 may be seized, when 725 number to cord 726 Beans, bags, weight to be marked 173

barrel for, dimensions 339

of less capacity, how marked 339 box or basket, for shelled, capacity 168 number of cubic inches to 168

green, barrel for, dimensions and capacity.. 338

of less capacity, how marked 339

in pods, number bushels to barrel.. 47, 731, 780
INDEX 947

Page

Beans—Continued. hamper for, capacities 806 weight when packed 806 weight per bushel of 934

castor 934

green, string. 933 weight per bushel of green, tmshelled 934 lima - 934 lima in pod 933

scarlet or white runner pole 934

shell - 934 soy.- - - 934 velvet - 934 shelled 933 wax-- - 934 Windsor--- 934 Bedding, how marked 651 mattress, size and weight to be stated 124 may be condemned, when 663 Beef or pork. See also Meat.

barrel, dimensions - 309

forfeiture-. 431 how made 309,618,854 how marked - 309 number gallons to.. 745 number pounds to 248,

251, 302, 309, 579, 618, 721, 731, 745, 780, 854 packing less than lawful weight 249, 431 weighers of may be appointed 365 Beer, barrel for and subdivisions, number

gallons to 901 tolerance on to be prescribed 902 standard measure for, number cubic inches to- - 70 Beet greens, weight per bushel - 934 Beets, fresh. See also Fruits and vegetables.

sale by bunch--- - 169,362 standard barrel for, dimensions 339

of less capacity, how marked --. 339 weight per bushel - 934 Beggarweed seed, weight per bushel— 933 Berries and small fruits. See also Fruits and

vegetables. box or basket for, capacity -- 31, 118, 127, 156, 168, 196, 214, 235, 236, 244 , 259,

270, 319, 338, 363, 402, 428, 478, 496, 514 , 626,

539, 657, 606, 64§, 752, 823, 847, 866, 902. dimensions 118,402 how fiUed 127,

196, 214, 237, 246, 363, 539, 608, 762, 823, 847 how sold - 127, 196, 214, 235, 236, 268, 271,

319, 337, 363, 538, 667, 646, 723, 752, 823, 866, 903 may be seized, when 246, 319, 363, 514, 902 other size containers, permitted, when... 127,

156, 196,496, 657, 866 prohibited... 246, 271, 338, 478, 608, 646, 848, 902

refilling, prohibited 428,823

rules and regulations 32

tolerances on. 32

to be prescribed 31, 245,271,609 weight of contents 823

crate or box for holding pint or quart boxes. 805

sale, by liquid measure 271, 657 by weight, when. . 235, 236, 638, 646, 823, 866, 903 minimimi weight per quart or pint, fixed. 823

transferring from one box to another, prohibited 823 weight per bushel 933-941

Page

Bill of lading. Federal act.. 35

responsibility, when goods loaded by

carrier. 35 when loaded by shipper... 35 shipper 's weight, load or count, effect of.. 35

Biscuits, casks for, how made 619 weight to be marked. 619 Blackberries See also Beiries and small fruits. dried, weight per bushel 933 weight per bushel 936 Black medic, weight per bushel 933 Blueberries. See also Berries and small fruits. weight per bushel 933 Bluegrass seed, weight per bushel 936 Board measure; required for timber 746

See also Logs; and Lumber.

Boats or barges, method of ganging 302

Boilers, range: capacity to be marked 377, 645 tolerance on 377

Bottles, for buttermilk, capacity 866

for distilled water 70

for food, tolerance 18

for milk and cream, allowance in capacity

for Pasteurizing 900 average capacity, how ascertained 71, 399,752,887,900 capacity fijced.. 70, 166, 196, 213, 259, 271, 327, 351,

399, 478, 496, 526, 557, 569, 762, 846, 866, 887, 900 how filled.. 70, 166, 213, 269, 327, 351, 399, 526, 569, 762, 887, 900 how marked 70, 162, 166, 213, 264,

328, 351, 399, 458, 520, 569, 724, 762, 846, 887, 900

legal measures and subject to regulations. 673

legal measures for milk and cream only. 327, 361 paper or fiber bottles, how filled... 351 may be sealed 361

re-use of 351 sealing of, by manufactm-ers 213,

327, 351, 399, 723, 846, 887, 900 by sealer, when 71, 162, 214, 260,

327, 351, 358, 400, 458, 520, 723, 847, 888, 901 not required 71, 214, 260, 400, 847, 888, 901 tolerances 71, 213, 327, 351, 399, 526, 569, 724, 762, 887, 900

to be fixed... 673

for olive oil, quantity to be stated 73

for vinegar, capacity 866 other sizes to have net measure stated... 866 quantity to be stated 73

selling under-capacity 430 Bottomless measures— 268, 673 Box of or for. See also Berries and small

fruits; Fruits and vegetables.

apples, capacity 79,

122, 147, 168, 196, 270, 331, 36i 464, 616, 837, 902 dimensions 79,

122, 147, 168, 237, 270, 331, 364, 464, 616, 657, 649, 837,868 how marked 332,464,837 number of apples to be marked 122, 464 other size unlawful 271 "short box," how marked —. 464

special, dimensions 649

tolerance on count 464 weight or number to be marked 203, 869 beans, shelled, capacity 168
948 INDEX

Box of or tor—Continued. Page

candles, net weight to be marked 619

cherries, capacity 168 dimensions 118

cheese, net weight to be marked 487

coal, number pounds to 430

cranberries, capacity. 364, 478, 648, 866 dimensions, - 364, 525 farm produce, capacity 363, 518 dimensions. 363,518,715 half-box 363, 715 how marked _ 363, 518, 715 unlawful to misrepresent 518

fruits and vegetables, capacity., 168,

338, 526, 902 dimensions. 168 how marked 527

of less capacity, how marked 339

special lug. 119

grapefruit, for field use, dimensions 174 other size prohibited 176 hemp, dimensions.. 855

herring, dimensions. 333 hops, dimensions 259, 904 lemons, for field use, dimensions 174 other size prohibited.. 176 onion sets, sizes 478

oranges, dimensions. _ 173,805

half box 174 other size prohibited 173,175

for field use, dimensions 174 other size prohibited 176

oysters, dimensions 57,814 number to barrel.. 57,814 peaches, capacity 338,397,902 dimensions 118

half-box capacity - 338 other than standard, how marked 339 weight or number to be marked... 203, 397, 869

pears, capacity 338, 902 dimensions- 118,168,557,868

half-box... - 338 number to 806 other than standard, how marked 339 weight or number to be marked 203, 869

peas, shelled, capacity 168 plums, capacity 902

potatoes, sweet, capacity 270

soap, net weight to be marked 487, 619 use of as dry measure, prohibited 169 ^l^ithialse bottom, prohibited 115, 735 Brads^cask aftmaximum weight. 372 netweighttobemarked_._ 372 Bran, bag or sack, weight per__ 269, 302, 798 bushel, weight per - . 935

rice, weight per bag or sack 799, 815 weight to be marked on package 305 Bread, articles exempted -- 107,

140, 166, 196, 271, 361, 570, 596, 614, 762, 904

cities and towns may regulate sale of 129,

176, 213, 220, 289, 440, 485, 555, 598, 720, 760, 804

definitions, stale bread 763 twin or multiple loaves 74,465 how labeled or marked for standard loaves. 141,

166, 239, 516, 614, 763, 822, 851 laws on 74,106,140,

156, 166, 192, 196, 213, 239, 271, 360, 465, 495, 638,

596, 570, 614, 651, 685, 707, 762, 804, 851, 865, 903.

Page

Bread, loaves, average weight... 74, 107, 141, 192, 360, 465, 570, 596, 614, 651, 866, 903

as often above as below 596 number of loaves on which ascertained

five loaves 903

six loaves 360,570 ten loaves 903 twelve loaves 141,360,570,866 twenty loaves 74,106 twenty-five loaves 192, 465, 614, 651 period at which taken, twelve hours after baking 74,141 twin or multiple, each loaf to comply with

requirements.. 106, 192, 670, 590, 614 requirements applicable to, when. 74, 465, 763 weights, fixed 74, 108, 140, 150, 166, 192, 196, 239, 271, 360, 465,

495, 570, 596, 614, 651, 707, 762, 804, 865, 903.

of other sizes, how marked... 140,

196, 271, 360, 495, 570, 707 unlawful 156, 239, 762, 804 period after baking at which fixed

eight hours 465

six hours 106 twelve hours _ 141,

192, 360, 570, 596, 614, 661, 851, 865 twenty-four hours _ 196,804 may be seized for evidence 361 disposition 351

oflense, each day's violation to be separate. 851

sale by weight, sizes of loaves not specified. 213,

538, 685, 822

stale, defined _ _ 753 tolerance, in excess only 74, 106 on average of 12 loaves 141 of 25 loaves 192, 614 on individualloaves... 74,106,

141, 166, 192, 239, 465, 014, 651, 804, 851, 866, 903

to be fi.xed 239, 360, 671, 614, 707, 763, 851 variations in, as often above as below 763 weighing, upon request of purchaser. 166, 196, 271 by manufacturer or baker 75 by seller 166,685 weight to be disclosed, when 538 Brick, cities and towns may regulate inspection and weighing of 220 dimensions 125,482

sale of other sizes 482 Brickwork, method of computing 164 number of bricks to cubic foot in wall 125 Brine or preserving fluids, allowance for ab- sorption by butter 722 weight or measure not to be included 114, 735

Broccoli, standard barrel for, dimensions 339

of less capacity, how marked 339 Bromus inermus, weight per bushel _ 935 Broomcom seed, weight per bushel 935 Buckwheat, weight per bushel 935 Building material, cities may provide for measuring of 441 Bunch. See also Fruits and vegetables.

sale by head or bunch 211,

235, 236,362,638,570,843 Bundle, of hoops for hogsheads, number to. _ 728

of shingles, number to 324, 622 Buns. See Bread. Bureau of Standards. See National Bureau

of Standards.
INDEX 949

Page

Bushel. See also Measures and Units of weight and measure. weights per, for various commodities 932-941 weight of subdivisions..- 942 Butter, barrel or half barrel for, how made— 784 number of gallons to 784

brine, allowance for 722 cask or keg for, how made 784 net and tare weights to be marked 619 how packed -- 619 packages, cartons, or prints, weight fixed.. . 197,

212, 272, 469, 478, 496, 557, 822, 865

of other weight, how marked.. 197, 272, 498, 557 weight to be exclusive of wrapper 469 marked... 72, 141, 201, 212, 469, 654, 822, 865, 887 not applicable to farmer's product 887

sale by weight... 112, 123, 212, 236, 569, 752, 822, 887

tare to be marked- 650,619

tolerance on - 73, 722 tub for, how branded... 550 weight to be marked 650, 722 See also Food.

Buttermilk. See also Milk and cream.

bottles for, sizes fixed 866 Butternuts, weight per bushel 933 Buttons, measure for, equivalent 44

Cabbage, barrelfor, dimensions for standard.. 339

of less capacity, how marked ' 339 basket for, capacity of standard... 156

of other size, how marked 156 weight per bushel 935

California, laws of - 94 Calorimeter, gas company to supply, when— 389 Canary seed, weight per bushel - 935 Candles, box or package of, net weight to be marked --- 619 Cane seed, weight per bushel 933 Cans, for canned fruit, dimensions No. 1 flat.. 122 No. 1 tall - 122 No. 2 tall.... 123 No. 2H tall 123 No. 10 tall - 123 picnic - 122

for ice cream, how sealed or marked -.. 352 inspected semiannually 363 not legal measure except for ice cream— 352

for milk and cream, annual inspection of... 352 capacity orhowmarked 152,

201, 327, 352, 520, 550, 879

fees for sealing 879 seaUng 152, 327, 352, 457, 620, 879

testing upon request 458 Cantaloupe melon, weight per bushel 933 Cantaloupes, standard crate for, dimensions. 119 Canvas. See Textiles. Carat, metric, establishment of 16 equivalent — 16,387 standard for diamonds 1.. 387 unit for imports of diamonds and precious

stones 16 Carload. See Livestock; and Scales, track. Carriers for fruits and vegetables. See Crates; and Fruits and vegetables.

Page

Carrots, standard barrel 339 weight per bushel. 935

Cars, mine, capacity to be marked 695, 893

to be uniform 695 weighing at standstill-. 828

railroad, railroads refusing or neglecting to weigh 266

regulations for weighing may be made... 417,

622, 766, 825, 872 weighing before and after loading.* 284, 829

correctly 916 separately... 188, 266, 284, 492, 635, 872

together, when 188 upon request 265, 747 variations allowed in reweighing 635, 827 Carton. See Food; and Net weight. Casks, fees for gauging 720

for breadstuffs, dimensions 158 how made 168 weight of contents i,58 unlawful to use other 168

for butter, how made... 784 gauging by Gunter's method 720 Castor oil, weight per gallon... 276, 557 Cement, weight per bushel 936

barrel, net weight to be marked 852 box or package, net weight to be marked.. 862 Cental, number pounds to 366

sale by 367

Certificate. See also Evidence; Sealer of weights and measures; Weighers; and

Weighmasters.

altering for weight of grain 280

of public weigher, what to contain 660

of test, description 462 weighmaster's, contents 420 form to be prescribed 648 Chain. See also Surveyor; and Units of weight and measure,

for measuring United States land, number

perches to 44 Charcoal, bag or basket for, capacity 323,

369, 573, 870 dimensions 323, 369, 461, 573, 724, 870 how filled 369,673,724 how marked 369, 573 may be seized, when 323 paper 369,573

sealing of 323, 724

barrel, standard measure for, capacity 430 bushel, half, form and dimensions 461 how heaped 461, 724 number of cubic inches to 125, 142, 153, 339, 396, 438, 606, 628 cord of, number of bushels to 323 delivery ticket or certificate 164,

165, 211, 260, 369, 482, 526, 572, 751, 821, 845, 901 delivery vehicle, to be marked 165, 718

sale by measure 430

sale by weight i64, 211, 259, 414, 482, 625, 572, 596, 761, 821, 845, 901

sale in small quantities 165, 369, 573 how marked 359

tolerances on, variations of scale 572 wastage 672

I
950 INDEX

Page

Charcoal, ton, fractional parts of. 414, £95 number of pounds to 414, 572, 595, 628 water content 845 weighing, in process of delivery 164, 370, 483 weight per bushel 935 Checkweighmaster. See also Weighmaster.

at coal mines, employment, powers, and

duties 59, 91, 134, 229, 255, 266, 285, 296, 345, 409, 449,

473, 964, 602, 625, 638, 695, 789, 816, 828, 884, 879, 929. Cheese; box of, weight to be marked 487 how branded 550 to be weighed at delivery, when 904 weight of tub or other vessel to be marked, 560 weight to be exclusive of wrapper 469

Cherries. See also Berries and small fruits. basket, box or package for, capacities 117,

168, 319, 363, 428, 478, 514, 866, 902 dimensions 118 may be seized 614 not required to be sealed 614 not to be refilled 428 other sizes, how marked 866

sale, by dry measure 258, 337, 428, 866 by weight, when. 866,903 weight per bushel 935 Chestnuts, weight per bushel—— 935 Chops, bag or sack, weight of 302 net weight to be marked 305 Chufas, weight per bushel 933

Cigarettes, number in packages 765

Cisterns, standard barrel for measuring 79

Cities and towns: powers of, as to

bread, regulating weight and sale 129,

176, 213, 220, 289, 440, 485, 655, 598, 720, 760, 804

brick, weighing or measuring 220, 563

coal, coke, fuel, or hay, etc., weighing or measuring 160,

181, 186, 198, 220, 239, 264, 277, 289, 304, 368, 401,432,440,441,463,484, 485, 517, 563, 598,

616, 633, 680, 760, 850, 892, 926. commodities, weighing or measuring 129,

176, 180, 186, 197, 263, 277, 304, 432, 440, 441,

463, 484, 485, 486, 517, 565, 582, 616, 633, 679,

680, 760, 824, 850, 870, 892, 926. liquors, gauging 176 lumber or timber 129,

180, 220, 375, 440, 441, 463, 563, 598, 836 mechanical work, measuring 129,440 meters, water, gas, or electric, inspecting and testing 310, 414, 432, 551, 682, 616, 680 public scales 52, 129, 198, 220, 289, 290, 298,

414, 416, 463, 663, 676, 598, 736, 760, 836, 925, 926 vendors 129,

220, 299, 378, 401, 440, 457, 506, 516, 598, 760 weights and measures, appointment of

officials of. 64,261,

289, 275, 355, 463, 480, 613, 711, 719, 720, 884 regulating and inspecting 62, 129, 183, 197, 198, 220, 239, 275, 289, 298, 304,

401, 440, 480, 485, 486, 506, 517, 563, 598, 616,

679, 680, 760, 824, 870. weighers, or measurers, appointment of.. 147,

289, 304, 318, 365, 368, 372, 374, 375, 432, 440,

617, 582, 714, 721, 722, 741, 804, 836, 925.

Page

Citrus fruit, misbranding as to weight or size. 177

Civil service, appointment from list, when. 864, 897

sealer included in, when 359, 529, 884 Clams, barrel for, capacity 176 quantity to be marked on package 738 standard measure for, dimensions and how

filled 176 Clam bait, barrel for: capacity 362 dimensions 333 Clapboards, dimensions.. 325 Clark's cell, equivalent of volt with reference. 9 Clover seed, weight per bushel 936 Coal. See also Scales; Cities and towns, powers of. bag or sack, capacity 369,573 how filled 369,573 minimum weight 717 paper, dimensions 369,573 weight 369,496,573 weight to be marked 324, 369, 673, 717, 866

barrel, number pounds to 430 standard, capacity 303 box, basket or measure for, capacity and

dimensions 606 how marked 369, 573, 717 minimum weight 717 number pounds to 430,717 bushel, at mines 267 number of cubic inches to 303, 605 weight per, of anthracite 685, 936 bituminous 936 cannel 936 mineral 936 stone 936

cities and towns may regulate weighing or

sale 160,

186, 220, 239, 264, 277, 304, 368, 432, 440, 463,

485, 617, 663 , 598, 633, 680, 760, 850, 892.

sale of condemned or unfit 371 containing foreign matter 371, 619 by gross weight 39, 157, 339, 645, 685, 715, 868 mandatory 39,157,339 by fractional parts 167, 414, 696, 645, 685 by measure, when 605 by weight 70, 142, 164, 211, 236, 259, 276, 323, 368, 414, 439, 482, 615, 526, 572, 596, 606, 645, 717, 751, 821,

845, 901. delivery ticket or certificate 39,

70, 126, 142, 164, 211, 260, 369, 439, 482, 496, 515, 525, 558, 572, 686, 717, 751, 821, 835, 845,

901, 925. delivery wagon or vehicle, marking 165, 718 may be stopped for test 50,

63, 66, 136, 160, 165, 208, 234, 260, 317, 454,

479, 512, 567, 573, 668, 670, 733, 767, 796, 819, 831, 842, 863, 883, 897, 923. may be condemned and seized, when 371 small quantities 70,

143, 166, 211, 482, 515, 717, 821, 845, 901 tolerance or allowance for foreign substance in anthracite 619

for scale variations 572, 685, 826, 925

for shrinkage or wastage 672, 635, 925

for water content 845 weighing on other than, track scales 635
INDEX 951

Page

Coal—Continued.

ton, anthracite, gross 685

gross — 39, 157, 339, 646, 686, 715, 868 mandatory use of... 39, 157, 339 in solid, number of cubic feet to 128 number of bushels to.. 461 number of pounds to Ill,

116, 164, 200, 248, 304, 323, 339, 368, 414, 430, 461, 463 , 496, 565, 672, 695 , 605, 628,

646, 685, 715, 717, 868. at mines 68, 134, 267, 346, 696 weighing, before delivery 39 carload 83, 265, 266, 284, 635, 636, 646, 826, 829

regulations for, may be made 417 purchaser may request 087,844 when purchased 439, 715, 737, 925 weight, bills of lading for carload to show.. 266,

573, 635, 827

false^ or fraudulent 157, 248, 465, 558, 687 weight per bushel, anthracite 685, 936 bituminous 936 cannel.. 936 mineral 936 not defined 936 stone - 936 Cob, number pounds in bushel of field com.. 751 Cod-Uver oil, weight per gallon 276, 567 Coins, annual examination and test of 40

foreign, how expressed in certain reports... 42

gold, deviation from standard 40 standard weights of... 40

tolerated loss 41 minor, deviation from standard... 41 standard weights of 41

silver, deviation from standard 41 standard weights of 40, 41 uniformity in, securing... 40 weight and fineness, test for 39 Coke, bags or baskets for, capacity 369, 573 how filled 369, 573 how marked 369, 573, 717 minimum weight 717 net weight to be marked 324 paper, dimensions 369, 573 bushel, number of cubic inches to 437, 606, 628 weight per 936 delivery ticket or certificate 126, 164, 211, 260, 369, 482, 515, 625, 572, 717, 761,

821, 845, 901. delivery vehicle, to be marked 165, 718 gaugerfor 302 measinre for, capacity 605 dimensions... 605

sale by weight 164,211,236,259,

323, 368, 482, 615, 626, 572, 717, 751, 821, 901

in small quantities 165, 369, 573, 717 how marked 369, 673, 717 struck measure.- 573 tolerance on, for variations in scales 572

for wastage 572

ton, number of pounds to 248, 323, 572, 618, 717 water content allowed 846 weighing, facilities, dealers to have proper. 718

in process of delivery. . 165, 370, 483, 573 on public scales 737 weight per bushel 936

Colleges, agricultural, standards furnished under resolution of Congress 6 replacing lost 7

Page

Colorado, laws of- 125 Commodities. See also Food; Fruits and

vegetables; Net weight; Measures; and

Produce and farm products.

dry, defined 75,

196, 211, 220, 477, 496, 638, 557, 645, 672 how sold (having particular reference to

sale by the bushel) 47,

110, 111, 125, 156, 168, 175, 179, 191, 195,

215, 234, 236, 258, 259, 269, 271, 318, 396, 413, 429, 437, 461, 476, 495, 513, 569, 678, 594, 696, 604, 605, 627, 673, 715, 726, 731, 732, 750,

779, 798, 833, 843, 888, 890, 899, 924. liquid, how sold - 196,

211, 271, 478, 496, 672, 822, 843 may be seized for evidence - 62,

68, 139, 210, 234, 480, 513, 778, 796, 820, 843, 865

metallic, misrepresenting weight of_ 656

sale and delivery, evidence of quantity 197,

272, 456, 497, 568, 635, 735 tolerances on, in containers or packages, may be fixed 73,

96, 197, 212, 263, 272, 366, 456, 497, 515, 615, 647,

674, 706, 779, 783, 785, 792, 839, 845, 886. various, may be fixed 73, 414, 634, 779, 783, 792, 925 weights per bushel of various 942 when sold by weight, net weight is meant.. 214,

823, 848, 867, 901 Congress, constitutional powers of, to coin money 5 standards furnished under resolution of 6 to fix standard of weights and measures 5 Connecticut, laws of 136 Constitutional provisions, creation or con- tinuance of State office, prohibited 47 Federal, power to fix standards of weight and measure 5 inspection and measuring of merchandise. 94, 667 saving clause 171,2.36,483,638,605 Contracts, agreement of shipper and carrier on weights 823 how construed 47, 111, 173, 175, 196, 215, 271, 366, 396, 429, 455, 461, 477, 496, 571, 595, 603 , 645, 749, 800, 924. how construed as to, bushel of lime or ashes 834 net weight 214, 762, 823, 848, 890, 901 ton 833 underlap for roofing slate 835 metric system to be used in 697 not invalid, by use of metric system 109, 386, 702, 782 not void, unless injury by use of unsealed weights and measures 533

sale of cotton by net weight 519

void, by use of false weights and measures.. 469

in sale bread contrary to law 685 Cord of: any commodity, dimensions 799 number cubic feet to. 799 bark, dimensions 322,692,834,844 how measured or stowed 603, 692, 834 number cubic feet to 322, 603, 692, 844 number pounds to 179, 685, 899

charcoal, ntunber bushels to 323 wood, dimensions.. _ 181,

196, 322, 374, 413, 518, 687, 692, 724, 834, 844
952 INDEX

Cord of—Continued. wood, how measured or packed- 323,

374, 518, 603, 692, 724, 834 must te measured before sale or delivery. 39, 322, 323 number cubic feet to. 39,169,196,217,322,374,

413, 414, 496, 616, 595, 603, 646, 692, 724, 844, 867 when in conveyance 595 when longer than 8 inches 169 when 16 inches or less and loose in box or container 867

sale by cord or fractional part 217, 515, 867 sawed or split, number cubic feet to when

loose in conveyance 413,414, 595 number cubic feet to, when ranked 413,

414, 695

sale by, when ^ 71 Corn, bags of, weight fixed-- 54 cracked, weight per bushel 936

field, number pounds of cob to bushel 751 green, with shucks, number bushels to barrel - 48,731,780

in the ear, weight per bushel 936 matured, with shucks, number of bushels

to barrel- - - 731,780 on cob, number pounds to barrel 339 pop corn, weight per bushel 936

rice corn, weight per bushel 936

shelled, weight per bushel 936 weight per barrel 339 sweet, weight per bushel- - 936 weighing, railroad scales for - 83 weight per bushel of - - 936 Cornmeal: bag or sack, capacity fixed-- 732

gross weight to be marked- 184, 628, 785 how marked — 184,732,781 how packed for exportation 158 may be sized, when. -- 629 tolerances - 184 weight of 53, 184, 195,

216, 269, 288, 477, 495, 585, 628, 732, 781, 785, 851 weights to be marked 183, 288, 586, 628, 851 barrel or cask

dimensions - 158 subdivisions of 53, 158, 184, 269, 784 tolerance on 184 weight of fixed 53, 158, 184, 269, 784 weight to be marked 53, 158, 184, 431, 784 hogshead, dimensions and how made 158 weight of contents 158 weight per bushel. --- - 937 Cotton. See Textiles. Cotton duck. See Textiles. Cottonseed, ton of, number pounds to 799 weight per bushel 937 Cottonseed huUs, bag, weight of 54 weight to be marked 185 Cottonseed meal, bag or package, weight of.. 269 weight to be marked 84, 431, 590

barrel, weight to be marked- _ 84,431 Coulomb. See Electricity, units of. Cowpeas, weight per bushel 933 Crackers. See Bread.

Cranberries:

barrel, dimensions 20, 167, 214, 364, 403, 525, 648, 847, 902 how marked. 364

of less capacity — 403

Cranberries—Continued. Page

barrel, of other form 902

rules and regulations for 21 subdivisions... 21, 167, 214, 403, 648

tolerances on 22-26,404

boxes, sizes fixed 364, 478, 525, 648, 866 other sizes 364,866

cartons or packages, capacities 365,648 how marked 365,648 containers or packages, how marked 867 number of cubic inches to 867

crate, capacity 364,902 dimensions 364, 625 subdivision 364 measure, how heaped __ 525 struck __ 902

sale by dry measure 258, 337, 648, 866, 868 by weight _ 866,868 weight per bushel 937 wholesale, how marked 867 Crates, for. See also Box.

apples, capacity 902

blueberries, bushel, capacity... 902 cantaloupes, dimensions 119

cherries, dimensions 118 commodities, deviation from tolerance 634

cranberries, cajfecity- -- 364,902 dimensions 364,525 subdivisions allowed - 364

fruits and vegetables, carrier, standard 167

flat - -.- 167 four-basket and six-basket, capacity 167, 805 dimensions - 805 unlawful to use other 802 how marked - 119,540 standard, capacity 902 dimensions 119

lettuce, dimensions - 119 number of heads to be marked 120 tolerance on contents _ 120 onions, capacity 805 dimensions... 168,805 oranges, dimensions 173 other sizes prohibited 173, 175 peaches, capacity 902

pineapples, capacity 44 plums, capacity 902 standard, can not be used as dry measure.. 169 dimensions 119

for tomatoes, dimensions 174 other size prohibited 174 not applicable to local shipments 175

Crops, growing, weighing at or before de- livery 905 Cubic yard, weight per, of gravel 799

of sand... 799 Cucumbers, weight per bushel.. 937 Cuerda, equivalent in square meters 702 Culm, weight per bushel 933 Cup. See also Berries and small fruits; and

Fruits and vegetables. standard for fruits and vegetables 156 Currants. See also Berries and small fruits. baskets, boxes or containers, capacities 319,

338, 363, 428, 478, 514, 866, 902 other sizes to be marked 866

illegal may be confiscated 902 may be seized 614 not required to be sealed 614
INDEX 953

Page

Carrants—Continned

sale by, dry measure 236,

25S, 319, 337, 363, 428, 478, 514, 866, 902

level measure- 319, 363 weight, when 236, 866, 903 weight per bushel 937 Customhouses, semiyearly comparison of weights and measures at 42 D

Dandelions, weight per bushel 93" Decimal hundred, articles sold by 317 hoops and staves counted and sold by 523 Delaware, laws of 149 Diamonds, carat ujiit for weighing. 16, 387 troy pound unit for precious stones 70 Director, National Bureau of Standards.

See National Bureau of Standards.

District of Columbia, laws of 162 Doyle's and Scribner's rule for measurement

of logs and timber. See aUo Logs. estabUshed 310,430,891 unlawful to use other 310 Doyle's rule, for measuring logs 80, 90, 178, 430

for measuring square timber 430 unlawful to use other 178 Doyle's stick, standard for measuring of logs. 80 Dram. See Units of weight and measure. Drugs, packages, deceptive as to size or shape, prohibited 596

rules and regulations as to size, weight, or shape, may be made 596

sale by apothecaries pound, when 70

sale by avoirdupois pound, when 70 Drum for grapes, dimensions and capacity... 119 E

Eggs, grade, purchaser to be notified of 654, 825 guaranty, effect of 825 how graded or marked 654 invoice to retailers to show size or weight.. 115 standards of weight or size to be fixed 115, 825 weight per dozen of various sizes fixed 48,

53, 654, 825

Electricity, specifications for application of volt and ampere to be pubUshed.. 10 units of, ampere, coulomb, farad, henry,

joule, ohm, volt, and watt 9

national, recognized by States. .196, 268, 476, 708 Emmer, weight per bushel 937 Evaporation, unavoidable 114 Evidence, articles, improperly marked or branded 505,620,928 automatic pumps, breaking seal on 804 may be seized for 764

sale or delivery of short measure 647 babcock test, to be 789 payment is of test 202

bill of lumber inspector to be 918 bread, may be seized for 361

certificate to be, for agricultural products. 504, 911

for timber measurement 745

of quantity ofgrain. 284

of oyster inspector.. 307

of sealer 534,575

of weighmaster 198,

199, 266, 415, 419, 420, 425, 466, 470, 491, 548,

597, 687, 802, 850. commodities, package of, may be seized for. 52,

68, 139, 210, 234, 480, 513, 778, 796, 820, 843, 865

Page

Evidence, commodities, evidence of quantity. 197,

272, 456, 497, 635

sale and delivery, of short quantity. 197, 568, 735 Federal Government, orders issued by, to be 544 meter, proof of use of false 467

paint, possession of improperly labeled to be 487,620,683,771 previous violations admitted as 707

sea!, evidence of test 101, 275, 630

State, determinations or findings of to be 250,626.912 surveyor not to give, unless chain is stand- ard - 575, 612 weights and measures, may be seized or re- tained for 52,

68, 139, 150, 210, 234, 316, 359, 395, 412, 457,

480, 512, 513, 591, 593, 642, 668, 670, 704, 778,

820, 831, 843, 865, 886. possession of altered, is... 647, 733

of false or illegal is ._. 68, 105, 130, 354, 359, 478, 534, 568, 647, 801 removal of tag "condemned for repairs,"

is 479 standards of, to be 101, 275, 774

certificate of, admitted as 534, 535 F

False bottoms in containers, prohibited 115, 735 False weights and measures. See also Fees and compensations; Scales; Sealer of weights and measures; Testing weights and measures; Weights and measures and

weighing and measuring devices. accounts based on 179, 262, 354, 533

advertising, as to quantity, quality or source. 248 brands or marks 729, 784 defined 111,200,463 disposing of, contrary to law 67,

104, 105, 395, 411, 535, 782, 823

giving, using or retaining 44,

51, 56, 60, 67, 81, 85, 104, 111, 139, 164, 174, 179,

186, 192, 197, 200, 218, 225, 234, 237, 248, 262,

272, 314, 317, 354, 359, 356, 395, 400, 411, 427,

430, 455, 459, 463, 464, 478, 487, 497, 505, 513,

533, 559, 568, 589, 592, 597, 612, 615, 632 , 646,

671, 699, 705, 714, 760, 782, 783, 800, 801, 823,

832, 848, 856, 864, 865, 870, 890, 906, 925, 927

at mills 44,128 keeping or using for weighing gold or gold

dust...- 128 ore... - - -— 128,200,438 marking of tare 60, 111, 158,

200, 427. 463, 559, 576, 598, 617, 633, 706, 761, 855 marking or stamping on containers by 111,

158, 197, 264, 409, 427, 559, 576, 673, 761 packing or selling by . 75,

81, 111, 116, 249, 294, 375, 462, 558, 575, 600,

631, 689, 709, 761, 927. procedure in and disposition of, may be condemned or seized, when 63,

65, 68, 104, 136, 138, 150, 163, 190, 194, 208,

234, 262, 274, 316, 336, 353, 358, 395, 411, 479,

497, 535, 559, 568, 575, 591, 592, 597, 610, 642,

644, 668, 670, 704, 713, 733, 757, 760, 777, 782,

796, 819, 833, 842, 864, 884, 898, 923.
954 INDEX

False weights and measures—Continued. Page

procedure in and disposition of, may be

destroyed, when 63,

65, 104, 136, 140, 150, 163, 208, 210, 411, 456,

479, 497, 510, 533, 559, 568, 576, 581, 598, 632,

670, 699, 734, 760, 777, 796, 819, 842, 864, 884,

898, 923. protection against. State to name information — - 531 weigher, using 367 Farad. See Electricity, units of. Federal laws — 5 Feed, gross weight of bag 628 chopped, sale by weight _-- 236 made from cereals, weight per sack. 269

sale by weight 649 weight per bushel 933 Feeding stuffs, bags or package, weights of, fixed 56,83,

188, 255, 269, 290, 590, 747, 765, 787, 815, 860

scales for weighing, annual test 80 weight to be marked... 56, 83, 123, 145, 159, 177, 188, 226, 254, 278, 290, 310,

330, 344, 368, 406, 426, 431, 447, 488, 523, 552,

577, 590, 600, 623, fi34, 656, 694, 709, 728, 747,

765, 785, 787, 815, 825, 838, 860, 871, 892, 917,

928. Feeds. See Feeding stuffs. Fees and compensations of or for. See also False weights and measures; Scales; Sealer of weights and measures; Testing weights and measures; and Weights and

measures and weighing and measuring

devices. Babcock glassware.... 387, 492, 788, 858

leather measuring devices 359 meters, electric, gas or water 69,

133, 160, 204, 226, 250, 389, 448, 472, 506, 611, 622 milk bottles 369 milk cans 879 National Bureau of Standards 6 public weighers .- 89,146,

183, 277, 415, 466, 482, 561, 632, 737, 741, 762, 925 pumps, automatic 191,359,481,716 surveyor's apparatus 378,581 thermometers, clinical 350 taximeters 359 track scales, testing of 61,

66, 191, 262, 282, 322, 470, 555, 592, 767, 872 hour rate for repairing 767

to be fixed 445,874 weighing by, to be fixed 418, 445, 874 wagon scale 469 weighers, measurers or gangers of, at ware- houses 420 casks 720

coal 303 cotton 85, 87, 183, 185, 588, 741, 742, 786, 921

fish 362,730

grain 281,284,367,726,876 hay and straw 283 hoops 728 livestock _ 365,419,722

logs 91,920 lumber and timber 91, 747, 920

oysters 307,308,433

Fees and compensations of or for—Contd. Page

weighers, measurers or gaugers of, produce. 744

salt.. 726 tobacco 786 tomatoes 420 wood or bark 374, 518, 724 weights and measures and weighing and

measuring devices 61,

66, 80, 150, 180, 191, 217, 262, 274, 301, 322, 359, 481, 555, 581, 592, 593, 613,630,697, 698, 712,

716, 831. charges for special service in connection

with, may be made 217,

301, 337, 359, 412, 481, 713, 831

lien on apparatus 481 may be fixed 126,481,503,797,831 none charged 51, 137, 149, 194, 318,

393, 412, 481, 568, 574, 776, 820, 841, 884, 885, 897

rate per hour for repairs or special service 592, 767 standards, charge for testing 79, 712 State charges not to exceed National Bureau of Standards 627 Fence, standard gauge for wire fence 401

Fertilizer, bags or packages of, weights

fixed - 311,738,815

fish, barrel for, number of gallons to 728 weights to be marked 56,

81, 145, 178, 187, 226, 311, 331, 344, 372, 405, 426,

489, 524, 551, 577, 589, 600, 623, 634, 656, 694,

728, 738, 787, 815, 838, 857, 871, 892, 917. Feterita, weight per bushel 933 Firkin, for butter, weight to be marked 550, 619 how branded 550 Fish:

barrels and half-barrels of, amount of salt used 618 capacity 145, 333, 729, 854

half-barrel 145,579,618,729 how made 146,618,729,854 weight 144, 332, 618, 729, 731, 780 fraudulently altering contents of cask 145 mackerel, number to barrel, various

qualities 729 manure, number of gallons to barrel 728 menhaden, standard measure for estab- lished 589 mullet, packages, how marked.. 589

piefeeled, number pounds to barrel or half- barrel 729 menhaden and herring, capacity 729 how made 729

quintal, number of pounds to 362

sale, by weight 72, 169, 588 by weight, wholesale 362 how sold.. 236

scraps, capacity per thousand fish established.. 589 shad, number to barrel.. 144 weight of barrel or half-barrel 144 weighers of, for salt water fish 376 weighing upon demand 362

Flaxseed, weight per bushel 937 Flaxseed oil, weight of empty barrel to be marked 618 weight per gallon 618

Florida, laws of 173
INDEX 955

Flour: Page

bale 646

barrel, containing 200 pounds 798 dimension 172,617,784,854 subdivisions— ^ how marked 398, 586, 617, 628 weight of.. 158, 172, 184, 195, 216, 259, 269, 302, 305, 398, 414, 429, 438, 477, 495, 586, 695, 628, 648, 649, 744,

751, 784, 798, 851, 854, 890. to be marked 173,785 weight to be marked 73,81,

158, 173, 183, 184, 269, 305, 398, 431, 438, 441, 477, 686, 617, 628, 784, 844, 851. tare to be marked 617 weight of 48,

142, 158, 172, 184, 195, 216, 248, 251, 259, 269, 302, 305, 319, 339, 366, 398, 414, 429, 438, 477, 495, 586, 695, 617, 628, 648, 715, 731, 744, 751, 780, 784, 798, 844, 854, 890, 902. weight to be marked 73, 81, 158, 173, 184, 305, 398, 431, 438, 441, 586, 617, 628, 784, 844. forfeiture for short weight 431, 629

tolerances on 73,184,785 graham, weight of sack 477

rye, weight of barrel 168,269 weight to be marked 158 weight of sack 269,477 rye graham, weight of sack 477 whole wheat, weight of sack 477 Food:

brine, or preservative fluid, weight or measure, not to be included 114,736 guaranty on, effect of 114, 571, 825, 839 net weight or quantity to stated, mandatory marking 16,

62, 113, 143, 153, 169, 177, 187, 192, 211, 220,

234, 263, 304, 331, 342, 366, 405, 416, 441, 455,

486, 496, 515, 618, 544, 571, 584, 596, 647, 674, 701, 705, 719, 734, 766, 786, 821, 824, 839, 845,

860, 870, 886, 908, 928. permissive marking 76,82,

130, 201, 261, 278, 294, 431, 464, 505, 617, 634, 804 packages, deceptive as to size or shape, pro- hibited 596

regulations as to size, weight, or shape may

be made 596 regulations for marking net quantity 17, 113, 545, 734 shrinkage 114

slack filling of 52, 486, 596

tolerances, or exemptions as to small packages to be made 16, 114, 143, 169, 177, 187, 192, 220, 305, 331, 342,

416, 441, 618, 544, 545, 584, 701, 719, 735, 766,

786, 821, 824, 839, 850, 870, 908, 928. none below stated weight 114 Foot. See TJnits of weight and measure.

Freestone, surveyor of, may be appointed... 372 Freight, carload, minimum weight for mixed

stock fixed — 442

certificate of weight, payment made when

received 83

Page

Freight, scales for weighing, test of 915 weighing, apparatus for, subject to rules and regulations 151 by railroads 915 providing for 507 regulations for 490,872 weight of, disputes as to, how determined.. 250

Fruit, caimed, standard sizes of cans 122

dried, net weight to be marked 74 fraudulently packing 81 Fruits or vegetables. See also Barrels; Berries and small fruits; Box; Produce and

farm products; and specific commodity

in question. bag or sack for, deduction for weight, when. 203

barrel for, capacity.. 20,

156, 167, 214, 270, 403, 761, 847, 888, 890, 902 dimensions.. 20,

167, 214, 339, 403, 604, 751, 847, 888, 889, 902 how marked 604 other capacity, how marked 156, 339 other form 20, 167, 214, 403, 761, 847, 888, 902

of less capacity, how marked 339 prohibited 403 subdivisions... 20, 167, 214, 403 tolerances on _ 22,404 basket for—

capacity 166, 338, 526, 538, 606, 805, 902 how filled 338,397,608 how marked 156,627,540 must contain quantity represented 397

other form permitted 609 other size, how marked.. 339, 903 prohibited 271,608

tolerance on - 806 may be fixed 245,609 weight to be marked 397 basket for, climax, capacity and dimensions 30, 167, 244, 269, 270, 402, 541, 606 how filled 608 how marked 259, 541 not conforming to provisions - 642 other form permitted 609 other capacity prohibited 608

rules and regulations 32 may be established 271, 542

test of. - .- 542 tolerances on 32 may be fixed 271,542,609 basket for, round stave and splint, capacity. 168, 241, 242, 607, 608 dimensions 168, 241, 242, 608 how filled 248,608 other form permitted 609

other size prohibited 246,608

tolerances on 806 may be fixed.. ..- 245,609 box or container for, capacity 168,

196, 338, 363, 518, 526, 902 dimensions.. 118, 168, 363, 518, 715, 902

halt box .- 338,363,715 how filled - 338,363
956 INDEX

Fruits or vegetables—Continued. Page

box or container, how marked... 363, 518, 527, 715

lug, capacity and dimensions 118, 119, 168 must contain quantity represented 397 other size, how marked 196, 338, 496, 903

tolerance on 119,806 may be fixed 245

carriers for, dimensions 119

flat 167 four-basket and six-basket capacity 167, 805

capacity and dimensions 805 unlawful to use other 802 how marked 119, 540 standard, capacity 902 dry measure, use prohibited . 169, 235, 538, 645, 779

false bottom prohibited in basket, box or container 114,735 hampers for bananas 247 beans, capacity 806 net weight 806

fruits and vegetables, capacity. 156, 168, 240, 606 dimensions 240,606 how filled 246,608 other form permitted 609

other size, prohibited 246, 608 may be seized and destroyed, when.. 246 may be shipped to another State or

foreign country, when 246

to be marked 156 struck measure 246,608

testing 609

tolerance on, may be prescribed 245,609

sale by head or bunch 169,

211, 235, 236, 362, 538, 570, 843 by weight only, of leaf... 169 by weight or count, when 168, 235, 362, 903

list of articles 236 Fungicide, packages to have net weight marked 331,523,694 G

Gallon^ number equivalent to cubic foot per second 473 number equivalent to miner's inch 473 number of cubic inches to, for ale and beer. 70

for maple syrup 834 number to barrel 48,

79, 110, 141, 215, 257, 337, 365, 413, 461, 495,

566, 579, 594, 604, 684, 732, 751, 780, 798, 901. number to barrel of or for

beef or pork 745 butter. 784

cisterns (measuring) 79 clam bait.- 362

fish 145,333,729,854

half barrel. _ 145,729 manure 728

flour 784

gasoline 601

lard 784 malt, fermented 413 meal 784

oysters, shucked... 814 petroleum 601,763 pitch 854 proof spirits 43

tar... 745,854 turpentine 180,855

Pace

GaUon, number to hogshead 365, 560, 594 standard proof, defined 43 standard for internal revenue 43 weight per, of—

castor oU 276,557

cod-liver oil 276, 557

flaxseed oil 618

gasoline 276,557

ice cream 278, 621 to be promulgated 53 kerosene 276,557

lard oil 276,557,618

linseed ._ 276,557,618 maple sirup 621,834 menhaden oil 276, 557 miner's oil 276, 557 molasses, Louisiana cane 429 maple 248 sorghum 48, 248, 429, 579, 732, 780 naphtha 276,557

neat's-foot oil.. 557

olive oil 276,557

paraffin oU... 276, 557 sperm oil 276, 557 turpentine. 276,557 whale oil 276, 557 ^as> unit of measure for.. 389, 621 Gasoline. See also Pumps, automatic or measuring.

I number gallons to barrel 601

[ sale by standard measure 218

specific gravity to be labeled 655 weight per gallon. 276, 557 Gauge for sheet and plate iron and steel 38

tolerances on 39 Gauger, for coal or coke; duties and term of

office 302,303

of oils, molasses, liquors, etc., election of... 745 Georgia, laws of 179 Ginners. See Textiles, cotton. Glassware. See also Babcock or other tests

for milk and cream; and Milk and cream. how marked 358

specifications for to be established 358

testing and sealing 358 Gold dust, keeping or using false scales for weighing 128,927 traders in to have weights and measures

tested 126, 462 weights and measures may be condemned. 462 Gooseberries. See Berries and small fruits. Grain. See also Units of weight and measure.

bag, sack, or package, weight of fixed 54 weight of may be deducted, when 203, 649 weight to be marked 54, 81, 173, 305 bushel or half bushel, how leveled 249, 431 standard used for measuring... 249, 283, 287, 434 deduction for leakage, shrinkage, or loss 223 dockage, for dirt 750

false or fraudulent practices concerning 237,

278, 455, 462, 927

for livestock, statement of weight 523 measure for 238, 249, 287, 431, 781 quantity, number bushels ascertained by

weight 340

sale by weight or measurement may be

regulated 444743
INDEX 957

Page

Grain—Continued.

tester for, how filled 904

to be sealed --. - 904

tolerance on - - 73,443 weighers or inspectors of, appointment and

duties 279, 280, 367, 470, 726, 873 not to be interested in products weighed.. 470 weighing, at mills 279

at railroad terminals ..- 279

at transfer points 224

at warehouses 279, 663, 664, 770, 873, 870, 912 by railroad companies 223

cities may provide for.. _ 463

fees for, to be fixed... 469

license for - - 265

rules and regulations for, may be adopted. 224, 444

scales, hopper to be correct - - 558 weight, delivery ticket to show 525

sale by - 276,439,525 shipper to be furnished, when 281

shipper's, conclusive, when 875 Gram. See Metric system. Grape fruit, field box for, dimensions -. 174 other size prohibited - 176 standard packs for..- 806

tolerances on -- 806 Grapes:

baskets, capacities, how marked 397, 404 dimensions 118 climax baskets, capacities and dimensions— 30,

167, 244, 259, 270, 402, 541, 606, 608 how filled-- 608 how marked 259,541 other capacities prohibited 608

other forms permitted 609

rules and regulations 32 may be established 271,542

stricken measure used 608

tolerances 32,609 drum, standard, dimensions, and capacities. 117 keg, standard, capacity.. 119 package, standards .- 117 dimensions - 118 weight per bushel — 937 Grass seed, weight per bushel 933 Gravel, weight per cubic yard 142, 216, 799

Grits, bags or sacks, gross weight 184, 785

to be marked 785 net weight- 184, 288, 851 to be marked 184,288,851 standard capacities and quantity to be marked 732

barrel and subdivisions, weight of. . . 184, 398, 785

to be marked 184,398 tolerance allowed 184,785 Gross weight. See the specific commodity

in question. Guaranty, eflect of regarding:

eggs - 825 food packages 114,571,825,839 hampers, baskets and containers for fruits and vegetables 31,246,609 type of weights and measures apparatus.— 677 Guavas, weight per bushel- _ 933 Gunter, method of gauging casks... 720 Gypsum, net weight to be marked 694

H

Hair, plastering, weights per bushel 938 Hampers. See Fruits and vegetables. Hawaii, laws of 190 Hawker. See Vendors. Hay:

baled, bailing material, deduction for 688, 725

gross weight to be marked 725 how marked 252,332,572

tare weight to be marked... 572, 725 tolerance on 72,572

cities or towns, may regulate weighing or

sale 186,220,463,484 may weigh 440 measuring, example- - 556 method of or rule for 462, 477, 556, 761, 924

sale, by measurement 72 by weight.... 72,276,439,558,752 delivery ticket 72,925

scales, pubUe, to be provided 736, 836, 925

sealed to be used 572

test of 80,116,712

tolerances on may be fixed 925

ton, number cubic feet to 556, 599, 628 number pounds to 111,

116, 200, 248, 340, 425, 461, 463, 556, 599, 628

of alfalfa, number cubic feet to 462, 761, 924

of blue-joint, number cubic feet to 462

of clover, number cubic feet to 462, 761, 924

of native blue-joint, number cubic feet to. 924

of rough slough grass, number cubic feet to 462,924

of salt grass, number cubic feet to 760

of timothy, number cubic feet to... 462, 761, 924

of wheat grass number cubic feet to 760

sale by, gross, tare and net weight to be marked 260

tolerance on for shrinkage and scale varia- tions 925 weighers of, appointment and duties. 326, 368, 423 impersonating - - 424 neglect of duty 425 removal 424 weighing, on public scales. 737,836,925

rules and regulations for, to be established 283, 423 weight, correct, must be given 397

falsely increasing 462, 558, 575, 600, 761, 927

full, required 278,463 reporting false or untrue 455

to be marked.. 72, 116,260,269, 600, 688

to be net- 116 Heaped measure. See Measures. Hemp, bale to be marked with weight 855 boxes for, dimensions 855 hundredweight, number pounds to 288

ton, number pounds to 288 Hempseed, weight per bushel 938 Henry. See Electricity, units of. Herds grass, weight per bushel 938 Herring, barrel for, capacity and dimensions. 333 box for, dimensions 333 Hickory nuts, weight per bushel 938 Hogshead:

for tobacco 344

staves for. 181, 325, 522, 855
958 INDEX

Hogshead—Continued. Page

for tobacco—continued. hoops for, dimensions 325, 727 may be condemned 727 number to bundle 325,727 number of barrels to.. 110, 141, 215, 257, 337, 365,

413, 461, 495, 566, 69i 604, 684, 751, 798, 901 number to pipe 684 number of gallons to 365, 560, 594

of commeal, dimensions and how made 158 number pounds to 158

of salt, number bushels tO- 318 Hominy: how sold - — 236 net weight to be marked 288, 586 standard packages... 288, 586 weight per bushel 938 Hoops. See Barrels; Hogshead; and Staves. Hops:

bale of, weight 671, 869 how marked 571 bag, for picking, deduction for weight 650

bailing material, deduction for 650 weight per yard 571, 660, 869 box, for picking, dimensions 904 standard dimension 259 fraud in marking 835 fraudulently increasing weight. 462,

558, 576, 761, 927 inspectors of, may be appointed 835

duties 835 quantity picked, how ascertained 650

tare allowed 571, 650, 869 Horseradish, weight per bushel 938 Huckleberries. See Berries and small fruits. Hucksters. See Vendors. Hundredweight. See Ton; and Units of weight and measure. Hungarian grass seed, weight per bushel 938

I

Ice. See also "Wagon.

overcharging for 304

refusing to sell 365

refusing or neglecting to weigh... 319, 365, 519, 557

scales, graduations required 165 refusing or neglecting to provide 365

test of 546 wagons must carry 304, 557 ton, fractional parts 414, 595 number pounds to 248,414,595

tongs, weight to be deducted 546 weight to be marked 546,867 weighing, at time of delivery 150, 545, 846, 867 purchaser may witness 846 weight, giving false 157, 304, 319, 519

sale by 71, 165, 236, 414, 545, 595, 645, 846

to be stated 645 weight slip, purchaser may request 846 Ice cream:

cans, molds or containers for, how sealed or marked 352 inspected semiannually 353 not legal measure, except for ice cream. 352 giving false or insufBcient measure 353 standard weight to be promulgated, volume, when melted

53

. 908 weight per gallon 278, 621

Page

Idaho, laws'of 193

lUinois, laws of 206 Imports, determination of weight or quantity of- 42

of sugar, ascertaining true quality 42 use of foreign weights and measures 42, 44 India wheat, weight per bushel 933 Indiana, laws of 230

Insecticide, net weight to be marked 694 Inspectors of weights and measures. See

Sealer of weights and measures.

Institutions. See Testing weights and measures. International Bureau of Weights and Measures: custody of international standards 11 duties 10 establishment of 10 international committee, duties of 11, 12 maintenance of 10 prototype meter and kilogram certified by. 697 Iowa, laws of 257 Iron ore, hundredweight 494

Iron, pig, hundredweight... 494 sheet and plate, standard gauge adopted for customs purposes 38

tolerances on 39

J

Japanese millet, weight per bushel 938 Jewels. See also Carat; and Stones, precious. troy pound, unit for weighing 70 Johnson grass, weight per bushel 933 Joule. See Electricity, units of. K

Kafir corn, weight per bushel 938 Kale, sale by weight only 169 standard barrel for, dimensions 339

of less capacity, how marked 339 weight per bushel 938 Kansas, laws of 268 Keg. See also Barrels,

for butter and lard, net and tare weights

to be marked 619

for grapes, capacity 119

of blasting powder, weight of and of subdivisions , 693 weight to be marked 693 Kentucky, laws of 287 Kerosene, weight per gallon 276, 557 Kilogram. See also Metric system,

international prototype regarded as funda- mental standard 7 L

Land plaster, weight per bushel 933 Lands, public, how divided. 44 Lard, lard compounds or substitutes:

barrel or half-barrel for, number gallons to.. 784 paUs of, weights specified 596

sale by weight.. 236

tare to be marked 619 weight to be marked 73, 196, 619
INDEX 959

Page

Lard oil, weight of empty barrel to be marked. 618 weight per gallon. 276, 557, 618 Lead ores, scales for weighing, failing to bal- ance 438 taking more than legal weight 438

ton, number pounds to 438 Leakage. See also Tolerances. from grain cars, determining 471 unavoidable 114 Leather:

altering marks of measurer 378 devices for measuring, fees for testing 359 semiaimual test of 357 measurers of, appointment and duties 377 imlawful to sell unmeasured 378 Lemons, field box for, dimensions 174 other size prohibited... 176

Lentils, weight per bushel 933 Lettuce. See also Fruits and vegetables,

crate for, number of heads to be marked... 120 standard, dimensions... 119 tolerance on 120 packages for, standard, dimensions 117, 118 Lien, inspector's fees to constitute, on apparatus 481 Lime:

agricultural, bag or package of, weight to be marked.. 159, 331, 344, 651, 623, 694, 858 weight fixed 799

barrel of, number pounds to 372, 413, 751, 799, 890, 902 standard large and small, fractional parts . 26, 576, 852 how marked..... 26,576,852 number pounds to 26, 576, 852

rules and regulations 27 tolerances on 29,30 bushel, number cubic inches to 605 quantity allowed for 834 hydrated, weight per bag 799 measure for, capacity and dimensions 606

sale by weight 236

tolerance, in bulk

ton, number pounds to.

30

628 weight per bushel 938 Line, button measure, equivalent 44 Linen. See Textiles. Link. See Units of weight and measure. Linseed oil, net contents to be marked on

container 853 weight of empty barrel to be marked 618 weight per gallon 276, 657, 618 Liquids. See also Gallon.

barrel for, capacity 48,

79, 110, 141, 215, 257, 337, 365, 413, 461, 495, 566, 579, 594, 604, 684, 732, 751, 780, 798, 901. hogshead, capacity 366, 660, 694 two barrels to 110, 141,215,267, 337, 365, 413, 461, 495, 666, 694,

604, 684, 751, 798, 901. pipe, number hogsheads to 684 tun, number pipes to. 684

Liter. See Metric system.

Livestock:

carload weight of 442,490

certificate of weight to be given 87, 89 517—27 61

Livestock—Continued. Page

defrauding in weighing of. 278, 419, 455 using or having in possession false weights

or weighing devices 237

scales for, attendant to be provided, when. 915

control of. 766 may be required, when 418 procuring site for 422

railroads, neglecting or refusing to permit

erection 472 to permit at livestock platforms 472

to provide and maintain, when 284,

766, 915 stockyards to furnish 490

testing upon request 766 United States act, rules and regulations concerning may be made 38

unfair practice concerning. 37 weighing of 36 weighers may be appointed 722 weighing of, correct weight must be given.. 397 on private scales, prohibited 418 on public scales, required... 737 upon demand of buyer or seller 631 Livestock remedy, net contents to be stated. 279 Loaf. See Bread.

Loganberries. See Berries and small fruits. Logs. See also Lumber.

fees for measuring 91,920

rules for measuring 181,701,835,918 allowing for rotten 181,205,701 Doyle's rule made standard 80, 90, 178, 430 Doyle's and Scribner's rule made stand- ard 310,430,891 unlawful to use other 310

Scribner's "decimal C" rule made stand- ard 205,761 Spaulding's table made standard... 113 table of board feet contained in 919 use of other rules, when 919 surveyors of, appointment 324 duties 326 Louisiana, laws of... _ 298 Lumber. See also Logs,

bill of measurement, inspectors to make, and what to contain 204,918

cities or towns may measure or regulate.. 180,

220, 440

inspectors or surveyors of, appointment and

duties.. 204,324,621,917

fees for measuring 91, 747, 920 measurers of, election 375

railroads to provide scales for weighing of. 872, 873 • rules for measurement of ship's timber 621

of tun and square timber 587

sale of lumber and timber by board measure 438,587 standard thickness of planks 521 weighing on two or more cars 188 M

Maine, laws of 313 Malfeasance, what constitutes 97 Malt beverages, number gallons to barrel.. 365, 413 tolerance on capacity... 366 Mangelwurzel, weight per bushel 933
960 INDEX

Page

Manure, number bushels to cartload 858 standard measure for, capacity, dimensions and form 461,857 heaped measure used 461,857 Maple sirup, gallon, number cubic inches to. . 834 weight per 621,834 Marble, surveyor of, may be appointed 372 Marl, heaped measure used— 461 measure for, dimensions and form 461 net weight to be marked 331, 694 Maryland, laws of 334 Masonry, perch, number cubic feet to 196,

259, 494, 556, 761 rules for measuring 153 Massachusetts, laws of 347 Mattress. See Bedding.

McKay sampler for milk or cream 131 Meal: bag of, exact weight to be marked _. 173 barrel of, dimensions _ 617, 854

forfeiture for short weight 431, 629 how branded _ 617 net weight to be marked 173, 305, 617 number gallons to 784

tare to be marked 617 weight of contents of barrel and subdivisions 305,398,426,617,854 net weight to be marked 398, 851

sale of, only in standard weight packages.. 851 weight per bushel 933 Measures. See also references to specific commodities in question,

at mines, standard to be provided, when... 346 bottomless, must conform in shape to United States standard 258 unlawful to use 673 dry capacity, barrels and other containers can not be used as 169 defined 540,645 dimensions or form... 110,461, 604, C84

ratio of height to bottom. 684

ratio of top to bottom __ 684 how marked 673 use prohibited 169, 235, 538, 645, 779

for ale and beer, number cubic inches to 70

for charcoal, how heaped 461, 724 number cubic inches to 125,

142, 153, 339, 396, 438, 606, 628

for coke, capacity or dimensions 437, 605, 628

for lime, unslacked, capacity and dimensions 605

for manure, capacity, dimensions, and

form 461,857

for oysters, dimensions 176,187,588 how filled _ __. 176 must be tested and stamped 57 other measures unlawful 588

for stone coal, capacity and dimensions 605

for wood, kindling, heaped 725 heaped, form of 110,

215, 396, 461, 514, 525, 604, 814, 858, 900 number cubic inches to. 141 level or stricken—

for coke.. 369, 573

for dry commodities 798

for fruits, nuts, or vegetables 246, 319, 608

for grain 238, 249, 287, 431 , 781

Page

Measures—Continued,

level or stricken—continued.

for hampers, baskets, and containers 246,

338, 363,397,608 how struck 215, 238, 249, 287, 604, 608, 781

liquid, sale of berries and small fruits by. .271, 557 Measurers:

of grain and salt, election and duties of... 318, 726

fees 726

of leather 377

of wood or bark, appointment... 147,374,375,518

fees 518

public, appointment and term of office 761 duties 761

fees 762 giving false certificate. 762 Meat. See also Beef or pork.

fresh or salt, delivery ticket for 72

sale by weight 72, 236, 569 products, sale by net weight 569 tolerance on bacon and ham 73 undermarking tare on 617 variation in weight of commodity law, applicable, when.. 197 wrapped, net quantity to be marked 17 Meat meal, sack of, net weight 269 Mechanical work, cities may measure 129, 440 Medicines, sale by apothecaries pound, when. 70

sale by avoirdupois pound, when 70 Melilotus, weight per bushel 933 Melon, cantaloupe, capacity of barrel 732, 780 Melons, standard packages for 117 dimensions 118 Menhaden oil, weight per gallon 276, 557 Meridian. See Surveyors. Meter. See also Metric system,

international prototype regarded as funda- mental .- 7

ratio of to distance from equator to pole 697 Meter provers, gas companies to provide, when... 389 Meters, electric, gas, or water: apparatus for testing 583 appointment of inspectors of 330, 388, 414, 709 powers and duties of 388, 414

cities and towns may provide for inspection and test 310, 414, 432, 551, 582, 616, 680

false or condemned apparatus 69, 248, 310, 391, 466, 485, 622

false or fraudulent reading 803

fees for testing 69,133,

160, 204, 226, 250, 389, 448, 472, 506, 611, 622 inspection and test of 64,

67, 144, 160, 204, 250, 309, 329, 389, 390, 432,

447, 472, 506, 611, 622, 661, 803, 826. before Installation or use 68, 250, 621, 708 by sealer 64,67,611 upon request 6i 160, 204, 330, 390, 583, 708 may be condemned 64 placed where consumer can read 250

readings, bills to show 587 consumer may request 226 consumer to be given 390

to be filed with sealer... 69 to be in cubic feet 390

to be in kilowatt hours 390

rules and regulations may be made for 391,

699, 826
INDEX 961

Meters, electric, gas, or water—Continued, standard— Page

of measurement defined 621

test of - 64 to be used — -. 636 standards for may be prescribed 133, 225

tolerances on... 64,

67, 68, 144, 330, 390, 448, 583, 622, 709 Meters, heat, appointment of inspectors 414 powers and duties of 414 Metric carat. Sec also Metric system.

establishment of 16 equivalent 16,387 standard for diamonds... 387 unit for import duties on diamonds and

precious stones 10 Metric convention. See also International Bureau of Weights and Measures.

International Bureau of Weights and

Measures established by 10 provisions of 10 regulations adopted by 12 Metric system:

authorized by Congress 7

cities and towns to keep meter and kilo- gram .- 349 equivalents in customary weights and

measures... _ 8,387,782

legalized or use of authorized 109,

195, 269, 386, 476, 494, 603, 697, 702, 749, 782, 797 postal balances for, to be furnished certain post offices 44 standards of, furnished States by resolution

of Congress _ 6 repairs and adjustments to and replacing

lost 7 State standards 387, 697

to be taught in public schools.. 827 use of, in Philippine Islands 697 use of other than metric system 697

in Porto Rico 702 required in Public Health Service 16 required in War Department, when 16 Michigan, laws of.. 392 Middlings, barrel, dimensions 158 unlawful to use other 158 weight of 158 to be marked 158 weight per bushel 933 Mile. See Units of weight and measure.

Milk, condensed, evaporated or skimmed,

minimum contents of container 550 weight of container 123 Milk and cream. See also Babcock or other

test for milk and cream,

bottles for

allowance in capacity for Pasteurizing.. 900 average capacity, how ascertained 71, 399, 752, 887, 900 capacity fixed 70, 166, 196, 213, 259, 271, 327, 351, 399, 478, 496,

526, 557, 569, 752, 846, 866, 887, 900. tees for 359 how filled 70, 166, 213, 259, 327, 351, 399, 526, 569, 752, 887, 900 how marked... 70

152, 166, 213, 264, 328, 351, 399, 458, 526, 669,

724, 752, 846, 887, 900. legal measures and subject to regulations . 673

Milk and cream—Continued,

bottles for—continued. Page

legal measures for milk and cream only. 327, 351 paper or fiber bottles, how fUled 351 may be sealed 351 reuse of. 351 sealing of, by manufacturers 213,

327, 351, 399, 723, 846, 887, 900 by sealer, when 71, 152, 214, 260,

327, 351, 358, 400, 458, 520, 723, 847, 888, 901 not required 71, 214, 260, 400, 847, 888, 901 tolerances on 70,

213, 327, 351, 399, 526, 569, 673, 724, 762, 887, 900 cans for, capacity or how marked 152,

201, 327, 352, 620, 550, 879

fee for sealing 879 sealing 327,352,457,520,879

testing upon request 458

sold, by measure. 123,

141, 153, 327, 457, 469, 520, 550, 692, 723, 835 by weight 123 weight of pint and quart 201 Mill feed. See Feed; and Feeding stuffs. Mill products, net weight to be marked on

sack, barrel, or other package 431, 558 sold in violation, may be seized, when.. 306, 629, standard weights for, established 269,305

Millet, weight per bushel-.. 938 Japanese barnyard 938

Mills, to have standard or sealed measures.. 83, 238, 294, 431, 448, 489, 589, 615 to keep standard toll dishes.. 83, 228, 489, 589, 785

to provide scales 378, 400 toUs allowed 448,912 using false weight or measure at 927 Mine scales. See Scales. Mining laws 58,

91, 133, 228, 255, 266, 285, 296, 345, 409, 448, 473,

563, 601, 624, 640, 695, 789, 816, 828, 879, 892,

928. Milo maize, weight per bushel 933 Miner's inch. See also Water.

defined 112,563,773 equivalent in cubic feet per minute 112 cubic feet per second 473, 489, 506, 563, 773 gallons persecond 473 use in future permits prohibited.. 506 Miners' oil, weight per gallon. 276, 557 Minnesota, laws of 410 Mint, annual test of weights used at Phila- delphia 40 troy pound of 40

Mississippi, laws of 429 Missouri, laws of 437 Molasses: Louisiana cane, weight per gallon 429 maple, weight per gallon 248 sorghum, weight per gaUon... 48,

248, 429, 579, 732, 780 Montana, laws of 451 Motor vehicles, county may provide scales

for weighing 176 weight of models to be filed 656 Mustard seed, weight per bushel 933 N

Nails, casks of, maximum weight... 372 net weight to be marked... 372 Naphtha, weight per gallon 276, 557
962 INDEX

Page

National Bureau of Standards. See also Standards, State. director of, annual report of 5 appointment, powers and duties of 6 establishment of.. 5 fees for tests and calibrations, etc., to be

fixed 6 to govern maximum of State 627 functions of, for whom exercised 5 reports of weights and measures officials, copy to be filed with 194,272,499

rules and regulations issued by, regarding

lime barrel act 27 standard barrel, for fruits and vegetables and other dry commodities 21 adopted or recognized by State or district 170,237,403 standard cranberry barrel 21 adopted or recognized by State or district 170,237

speotflcations and tolerances for weights and

measures and weighing and measuring

devices, adopted or recognized 95, 219, 475, 643, 792, 849, 883 to be established with advise of 313,

469, 516, 832 standards, comparison or construction of... 6 municipal and county to conform to type approved by 193, 272

national, care and custody of 5 thermometer, standard of State, certified by 350

tolerances on standards, limits to be fixed.. 6 troy pound of the, to be standard of the mint 40 type of apparatus, approval by before use in State 321

visiting committee 6 weights and measures stamped by, recog- nized, when 459, 795 Neat's-foot oil, weight per gallon 276, 557 Nebraska, laws of 475 Net weight. See also Specific commodities, marking net weight or quantity on packages, of commodities, in general 113, 211, 234, 263, 455, 496, 515, 571, 615, 647, 674,

705, 734, 845, 886. food only, mandatory 16,

62, 143, 153, 169, 177, 187, 192, 220, 304, 331, 342, 366, 406, 416, 441, 486, 518, 544, 684, 596,

701, 719, 734, 765, 786, 821, 824, 839, 850, 870,

908, 928. permissive .- 75, 82, 130, 201, 251, 278, 29i 431, 464, 605, 617, 634, 804 net weight employed or understood 164, 646, 752, 823, 839, 867, 890, 901, 924 regulations for marking 17, 113, 545, 734 wrapper, separate charge may be made 615 Nevada, laws of 494 New Hampshire, laws of 610 New Jersey, laws of 525 New Mexico, laws of 563 New York, laws of 566 North Carolina, laws of. 678 North Dakota, laws of. 591

Page

Nuts, sale by dry measure 337, 514, 723

level measure 3 19 weight or count, when 236, 362 standard package for, dimensions 117, 118 O

Oats, bag or sack, weight specified 54 weight per bushel 939

Offense, separate, what constitutes: basket or box, use, sale, or manufacture 338

bread, each separate sale of 466

cotton, weighing of by unauthorized per- son 87

fish, each day's use of unlawful measure for. 589

flour, each sale of. 844 meters, each day's violation of law 69 milk bottle, each failure to comply with law 458 milk or cream, unlawful testing of each lot

of. 434 mine scales, each day's use of incorrect

scales 346 unsealed weights or measrures, each day's use of. 457 weight or measure, use or ownership of 534 Ohio, laws of 603 Ohm. See Electricity, units of. Oil. See also Pumps, automatic or measuring. barrel of illuminating, gasoline or petroleum

products, number gallons to 445, 601, 763 quantity to be marked 764 sweet, in bottles or cans, quantity to be

stated 73 weight per gallon of oil or oil products

castor 276,667 cod liver 276,567

flaxseed 618 gasoline 276, 557 kerosene 276, 657 lard 276,557,618

linseed 618 boiled 276,557 raw 276,567 menhaden 276,557 miner's 276,567 naphtha 276,557

neat's-foot 276,567

olive 276,657

paraffine 276,567 sperm 276,667 turpentine 276,657 whale 276,567

Oil meal, sack of, net weight 269 Oklahoma, laws of 626 Oleomargarine: how marked... 822 minimum weight for package. 130 net weight to be marked 212, 822, 887

sale by weight only. 212, 236, 752, 822, 887

sizes of packages fixed 130, 212, 822 OUve oil, in bottles or containers, quantity

to be stated 73 weight per gallon 276, 557
INDEX 963

Page

Onions. See also Fruits and vegetables. bottom sets, weight per bushel. - 939

fresh, sale by bunch 169,362

sizes of boxes for sets... 478 standard barrel for, dimensions.. 339,604 how marked 604 other sizes, how marked 339 standard basket for, capacity 156 other size to be marked 156 standard crate for, capacity or dimensions 168, 805 standard package for, dimensions 118 top sets, weight per bushel.. 939 weight per bushel 939 Oranges:

barrel may be used for shipping- 174

field box for, dimensions 174, 176 other size prohibited 176 standard box or crate, dimensions. 173,805 nonstandard prohibited.. 173, 175 standard package for, dimensions 117, 118, 806 tolerance 806 Orchard grass seed, weight per bushel 939 Ore:fraudulent assay of 563 fraudulent weighing of... 200,438

iron, himdredweight of 603 keeping or using false scales for 200, 563 Oregon, laws of 640 Osage orange seed, weight per bushel 939 Ounce. See also Textiles; Units of weight and measure,

of cotton duck or canvas, defined . 221, 426, 484, 905 weight or quantity to be marked in ounces

per yard 222, 427, 483, 905 Oysters:

barrel for, equivalent in shucked.. 814 number of boxes or tubs to 57, 176, 433, 814 basket, capacity 302,307 box for, dimensions 67,814 form of heap 814 canned, net quantity to be marked 738

liquid, amount allowed 169, 576, 645 measures for, dimensions 176, 187, 588 how filled 176 must be measured and stamped.. 57 unlawful to use other than standard 588 quantity to be marked.. 187,576

sale by count only not applicable when in

original container 683

sale by count, liquid measure, or weight.. 169, 645

sale by wine measure, when 853 sack capacity 307 tub for, capacity, dimensions, or form 67,

167, 176, 187, 343, 433, 649, 588, 738, 853 may be seized and destroyed, when 854 P

Pails, of lard and lard compounds and substitutes, weights established 596 Paint, defined — 57,222,433,707 evidence, prima facie, of violation. 487, 620, 683, 771 quantity to be marked 57,

130, 186, 222, 387, 434, 620, 683, 707, 839, 852 Paper stock, packing foreign substances with. 249

Page

Paraffine oil, weight per gallon. 276, 557 Parsley, weight per bushel 933 Parsnips. See also Fruits and vegetables. standard barrel for, dimensions 339

of less capacity, how marked 339 weight per bushel 939 Paspalum, weight per bushel 933 Paulins. See Awnings.

Peach seed, weight per bushel 933 Peaches. See also Fruits and vegetables, basket, box, crate, or package for, capacity. . 156

338, 397, 902 dimensions 118 other size, how marked. 156,339

dried, weight per bushel _ 939

half box or basket, number cubic inches to. . 338 standard pack for six-basket crate 806 tolerance on standard packs 806 weight or number to be marked 203, 397, 869 per bushel 939 Peanuts, sale by dry quart and subdivisions.. 337 weight per bushel 939 weight to be marked on bag 173 Pearls. See also Stones, precious. unit for 16 Pears. See also Fruits and vegetables, box or package for, net weight or number

to be marked 203,869

dried, weight per bushel 939 standard barrel for, capacity 761, 902 dimensions 339,761,902

of less capacity, how marked 339 other form may be used 761, 902 standard basket or half-basket for, ca- pacity 338,902

of less capacity, how marked.. 339 standard box for, capacity 338,902 dimensions 118,168,657,868

half box 338 number to box 806

of less capacity, how marked 339 standard crate for, capacity 902 weight per bushel 939 Peas. See also Fruits and vegetables. black-eye, weight per bushel 933

green, barrel for, capacity. 338, 732, 780 dimensions 338,339

of less capacity 339

in hull, number of bushels to barrel 732, 780 unshelled, weight per bushel 940

shelled, standard basket or box for, capacity 168

split, weight per bushel 940 weight per bushel 940 wrinkled, weight per bushel 940

Peddler. See Vendors.

Penalties. See the specific subject in question. Pennsylvania, laws of 667 Peppers, weight per bushel 933 Perch. See also Units of weight and measure. of stone, number cubic feet to in boats, in

cars, in piles, or in walls... 154 or mason work, number cubic feet to 125,

196, 259, 556, 599, 603, 628, 761
964 INDEX

Page

Petroleum, or petroleum products. See also Gallon; and Pumps, automatic or measnring.

barrel for, net contents in gallons to be markeo— 764 number of gallons to 445, 601, 763 weights and measures used for, to be ac- curate 804 Philippine Islands, laws of 697 Pieplant, weight per bushel 933 Pig iron, hundredweight of .._ 603 Pineapple, crate for, number cubic feet to 44 Pipe, number to tun 684 staves for, dimensions 745 two hogsheads to 684 Pitch, barrel for, number gallons to... 854

Plaster, land, weight per bushel 933 Plastering and lathing, how measured 155 unit for measuring. 154 Plank, standard thickness 521 Plums. See also Fruits and vegetables. basket, boi or crate for, capacity 902 dimensions 118 weight to be marked 397 containers for, not to be refilled 428

sizes fixed _. 428

sale by dry measure 337, 428 standard packages for 117 standard dimensions 118 weight per bushel 940 Police powers. See Sealer of weights and

measures.

Pole. See Units of weight and measure.

Pork. See Beef or pork. Porto Rico, laws of 702 Postal balances, to be furnished certain post

oflices — 44 Porter, barrel for and subdivisions, number

gallons to 901 tolerance on to be prescribed 902 Potatoes. See also Barrels; Fruits and vegetables. allowance for dirt or shrinkage 806 bag or sack, net weight of. 649, 866 weight to be marked, when 173, 866 barrel of, capacity - 732, 751, 780, 902 dimensions 339,604,751,902 how marked 604

of less capacity, how marked.. 339, 751 other form 902 weight 142,288,319 weight to be marked 173 basket, capacity, of standard 156 other size to be marked 156 sweetbarrel of, capacity 732, 780 dimensions 339

of less capacity, how marked 339 weight 319 box of, capacity 270

tolerance on 73,806 weight per bushel _ 940 Pound. See also Units of weight and measure. imperial 703

Page

Powder, blasting, weight of keg and subdivisions 285, 693 weight to be marked 693 Produce and farm products. See also Barrels; Baskets; Box; and Fruits and

vegetables.

barrel for, capacity 156, 888, 890 dimensions 604,888,890 how marked 604

of other form 888 other size, how marked _. 156,339 bag or sack, no deduction for, when _. 649 weight may be deducted, when 203 box for, capacity 363, 518 dimensions 363,518,715

half box 363,715 how marked 363, 518, 715 containers or receptacles for, may be established 55,82, 117, 193, 203, 221, 441, 467, 543, 585, 680, 736, 772, 909 other size containers 585

rules and regulations may be promulgated 193, 203, 245, 504, 585, 681, 736 tolerances to be fixed 55, 82, 221, 505, 772, 792 unlawful to use others 55, 442, 467, 681 inspectors of, licensing... _. 911 net weight or net count may be established

for 792

scales for weighing, annual test 80 Prunes, standard packages for 117 dimensions. ii8 Pumps, automatic or measuring. See also Weights and measures and weighing and

measuring devices: defined 261 evidence, breaking seal is prima facie 804 may be seized for, when 764 short delivery is prima facie 647

fees for testing. __ 191,359,481, 716 inspection and test 129, 170, 174, 218, 445,716, 764, 804

before use _ 218,717 by owner 218,647 every 6 months 445 every 30 days. 174 may be condemned or seized 174,

218, 445, 716, 764, 804 may be destroyed 764 measure for test or use 174, 218, 647, 716

license for use required 261 operated at three speeds 804

sealing of 129,764 tolerance on _ 174

Quinces, standard barrel for, dimensions 339

of less capacity, how marked 339 standard packages for, dimensions 117, 118 weight per bushel 940 Quintal of fish, number pounds to 362

Radish seed, weight per bushel 933 Rags, packing foreign substances with 249 Rapeseed, weight per bushel 940
INDEX 965

Page

Easpberries . See Berries and small fruit

Records, State official to provide system of. . 456 Red top seed, weight per bushel S'lO Reports. S«e Sealer of weights and measures. Rhode Island, laws of TM

Rhubarb, fresh, may be sold by bunch. ... 169, 362 weight per bushel --- Rice:

barrel of, tare on 1^

weight and tare to be marked - - - 487 rough, weight per bushel - ^40

tierce, tare on..- - --- Rice bran, weight per bag or sack 799, 815 Rice com, weight per bushel - - - - 936 Rice polish, weight per sack - 799 Rod . See Units o f weight and measure

Root crops, weight per bushel 933 Roots, standard measure for, capacity, form, and dimensions heaped measure used

Rosin, barrel for, number pounds to 180 Rules and regulations for, appUances and accessories, may be made - — 475,896 approval of type of apparatus to be made. . 678

barrel, for lime

27 standard for cranberries 21 standard for fruits and vegetables 21 baskets, boxes, hampers, etc., to be made.. 32, 245, 271, 403, 542, 609

bottles for milk and cream, may be made.. 900 containers for farm products, may be made. 193,

203, 245, 504, 585, 681, 736 food in packages marking net quantity 17, 113, 545, 734

food or other commodities, marking net quantity or exemption of small packages , may be made. . . 17, 113, 143, 212, 263, 366,

515, 531, 545, 674, 706, 734, 821, 832, 845, 886, 928.

size, weight, or shape of packages, may be made - - ^96 guidance of sealers of weights and measures may be issued --- -- SOi

64, 98, 136, 170, 194, 207, 219, 231, 273, 313, 393,

459, 475, 480, 499, 511, 530, 566, 643, 670, 678,

703, 775, 791, 818, 832, 849, 862, 883, 896. leather measuring devices, to be made 357 meters, electric, gas, or water, or public utilities, service, may be made. 133,

204, 225, 250, 391, 472, 506, 599, 623, 661, 708 taximeters, may be made -.- 357 track scales, testing, may be made 767 track scale testing device, may be made... 445 weighers, public, or public scales 198,466 weighing or measuring grain may be made.. 224, 444,745 weighing, hay and straw may be made.. 283, 423 weighing, livestock, may be made 38 weighing, railroad cars or freight, may be made 225,417,490,599,825,915 weighmasters, public, to be made 501 United States, recognized or adoptedfood packages.. 366, 545, 736 National Bureau of Standards, for stand- ard barrel for fruits and vegetables... 170, 237,403

Page

Rules and regulations for—Continued. United States, recognized or adopted—Con.

National Bureau of Standards, for standard cranberry barrel 170, 237

for weights and measures and weighing and measuring devices 95, 219, 475, 643, 792, 849, 883 Rutabagas, weight per bushel. 940 Rye, bag or sack, weight fixed 54 weight per bushel 940 Rye meal, weight per bushel 940

Sack. See Bag or sack. Sage, weight per bushel 933

Salads, weight per bushel 933

Salt: barrel of or for, forfeiture for shortage 785

gross and tare weights to be branded.. 251, 856 how made.- 618,855 net weight.- 691 to be marked 618

tare on — 619,856 time allowed before weighing 856 hogshead of, number of bushels to 318 measurers of, duties, election and fees 726

sale by weight 236 weight per bushel 941 Sand: bank, weight per cubic yard 216, 799 torpedo, weight per cubic yard 216, 799 undefined, weight per cubic yard... 142 weight per bushel 941 Sauerkraut, how sold 236

Scalage. See also Textiles, unlawful to deduct for in weighing cotton.. 84,

183, 306, 432, 587, 739, 786

Scales. See also False weights and measures; Fees and compensations; Sealer of weights and measures; Testing weights and measures; Weights and measures and weighing and measuring devices. apothecaries, annual test.. 358,457 cotton

girmers to keep 85 no deduction for scalage 84,

183, 306, 432, 587, 739, 786

testing 86, 183 cream test, accuracy or sensibility 435,

638, 659, 878 family, prohibited in commercial use 336

ice, graduations required-. les refusing or neglecting to provide 365

test of.. 646 wagons must carry 304, 557

livestock 284,418,472,490,915 mine

false or fraudulent use or tests 59, 286, 346, 449, 474, 602, 639, 930 owner or operator to provide or maintain. 58,

91, 133, 229, 255, 266, 286, 296, 345, 449, 473,

563, 816, 829, 879, 892, 929. neglecting or refusing 286 standards for testing 68, 92, 134, 229

255, 345, 409, 450, 473, 601, 624, 639, 879, 893, 929

testing 58,

91, 134, 228, 255, 286, 296, 345, 409, 450, 473,

601, 639, 667, 670, 696, 789, 816, 829, 892, 929
966 INDEX

S cales—Continned. mine—continaed. Page

testing, by mine inspector or official 58

91, 134, 228, 409, 450, 473, 601, 639, 789, 816,' 829, 892, 928. by sealer. 133, 667, 670, 696, 892 upon request 91, 228, 473, 601, 624, 892 weighing cars at standstill 828 motor vehicle, counties may provide 176 personal -weighing, aimual test 713

fee for testing _ 713 public, including hay, coal and wagon ca- pacity _. 466,597

certificate 146,199

cities and towns, may install, maintain,

or regulate. 52, 129, 198, 220, 289, 290, 298, 414, 415, 463,

555, 563 , 576, 598, 736, 760, 836, 925, 926. must be sealed 572

test of 80,116,630,712

tolerance may be fixed 925 counties may install or maintain. 199.

252, 466, 481, 597, 925 court may designate 686 defined 261

fee for testing _ 469 providing or furnishing 762 by weigher.. 629 by railroads, when 444

test of 482 annua] 358 by sealer 415 every three months 629, 686 every six months 712,714 other times 591,630 supervision of __. 469 variations in weighing coal 572, 685, 826, 925 township or village may install or maintain... 198,401,481 weighmasters or weighers for 146,

170, 198, 481, 482, 597, 665, 836 tolerance on 190, 414, 572, 595, 635, 686, 826, 925 track

capacity required 768

certificate of test 83,266,491 discontinuance of 769

fees for repairing to be fixed 767

fees for testing... 61,66,

191, 262, 282, 322, 445, 470, 555, 592, 767, 872

fees for testing may be fixed 445, 874

fees for weighing to be fixed 418 master, installation of 417 providing, installing or maintaining 416,

423, 443, 599, 768 by railroads 83,

188, 265, 283, 491, 599, 665, 747, 872, 873, 874

sealing devices for 416,660,766 supervision of 416,

417, 469, 490, 660, 665, 748, 766, 863, 868

cost of, charged to common carriers 416'

test cars or devices- may be taken outside of State. . 871 purchase of. \... 282,417

railroads to provide, when 445,871

railroads to transport without charge.. 282,

417, 445, 660, 871

Scales—Continued, track-continued. Page

testing 225, 469, 660, 712, 767, 825, 874

at coal mines 228, 409, 473 by State or local agency 282, 454, 915 may be condemned... 454

railroads to provide facilities for 445, 871

test weights to be provided for 228,

409, 473, 601, 624 upon request 282,766 weighing of cars or freight on, before and

after loading. 2&4, 829 charge for- -. 266

railroads refusing or neglecting. 266 regulations may be made 417,

507, 622, 766, 825, 872 separately 188,266,284,492,635,872

together, when 188 upon request 265,747

variations allowed in reweighing cars 635, 827 warehousemotor vehicles and other facilities may

be furnished for testing of. 770

repair of, hourly rate 770

sealing of. 769 subject to test by sealer 223

test of. 282,

420, 443, 469, 558, 562, 633, 769, 785, 913 upon request 420

tester of, appointment 469 warehouses to provide and maintain 294, 444,785 Screw thread commission, created 46

duties 46 members of. .-. 46

Scribner's rules for measuring logs and

timber. See Logs.

Scruple. See Units of weight and measure.

Sealer of weights and measures. See also Appliances and accessories; False weights and measures; Fees and compensations;

Scales; Sealer of weights and measures;

Standards; Testing weights and measures; Vendors; Weights and measures and

weighing and measiiring devices; Wagons,

badges or insignia of office to be provided.. 531, 843,899

city or townappointment or term of office 50, 51, 64, 65, 138, 140, 209, 231, 261, 300, 314, 317,

334, 355, 393, 394, 512, 528, 567, 613, 668, 711,

719, 777, 796, 800, 819, 841, 864, 884, 897. expenses allowed 355,669 powers and duties of 51,

65, 138, 180, 209, 232, 261, 299, 315, 356,

359, 394, 456, 512, 567, 574, 776, 794, 820, 842,

885, 897. salary 232,300,668 county

appointment or terms of office... 60,

99, 112, 126, 137, 149, 231, 393, 451, 528, 529, 567, 580, 582, 668, 776, 841, 884. by county and city 51, 232, 394, 669, 778 by two or more counties.. 51, 138, 231, 394, 669, 777, 841 expenses allowed. 669 powers and duties 50, 79, 137, 149, 179, 232, 273, 393, 567, 580, 591, 611, 776, 842, 885 salary 99,100,231,232,668,776
INBEX 967

Sealer of weights and measures—Continued. Page

functions exercised by

alcalde 704 constables 80 county auditor — 238, 451, 611 county clerks 273,437,451 food and drug inspector. 774 marshal 80

ordinaries 179 proctors... 429 provincial treasurer 698

sheriff 190,553,629,844 State policemen 135 town treasurer 831 weighmasters.. 554 impersonating, hindering, or obstructing— 52,

69, 75, 105, 139, 164, 197, 210, 234, 274, 300, 306, 355, 357, 371, 395, 412, 459, 479, 498, 513, 535,

558, 593, 628, 646, 647, 670, 699, 720, 734, 757,

758, 778, 801, 804, 820, 833, 843, 866, 886, 899,

923, 924. police powers of 50, 52,63,65, 68, 103, 105, 136, 137, 139, 150, 170, 208, 210, 233, 237, 300, 314, 317, 394, 395, 412,

454, 460, 479, 512, 513, 567, 670, 715, 733, 757, 758, 778, 792, 796, 819, 820, 831, 842, 843, 863,

865, 883, 886, 899, 923. reports of—

city and town sealers

annual 66, 101,

198, 209, 232, 275, 315, 355, 532, 820, 842, 886 monthly 66, 232, 456, 532, 669 quarterly 898 semiannually- 480 what to contain 669 county sealers- annual — 51, 101, 138, 232, 275, 394, 532, 567, 777, 842, 886 monthly 232,456,532,669 what to contain 669

district sealer

annual 643 State sealer

annual.. 62,

98, 194, 230, 273, 314, 359, 393, 410, 456, 499,

667, 682, 711, 774, 775, 791, 841, 862, 882, 922. biennial 627,641,818,832,896 copy to National Bureau of Standards. 194,

273, 499 other times 49,756 State sealeradministration of functions byboard of agriculture 341,392 board of health 275 bureau of internal revenue 697 bureau of standards 626 chancellor of the university 272 commissioner, department of farms and

markets 566 rx)mmissioner of agriculture 48, 176,313,818,926 commissioner of agriculture and immigration 840 commissioner of agriculture and in- dustries. 733 commissioner of agriculture and labor, 593 commissioner of industries 830

Sealer of weights and measures—Continued. Page

State sealer—Continued,

administration of functions by—Contd.

commissioner of labor 881 commissioner of labor and industries.. 347 commissioner of weights and measures. 510 dairy and food commissioner... 230, 895 department of agricialture 94, 193, 260, 475, 753, 791, 817, 869 department of internal affairs 667

director of trade and commerce 206 food and drug commissioner 230 food and drug inspector... 774 inspector of weights and measures 61 market agent 650

railroad and warehouse commission 410

sealer of weights and measures 497

sealer of weights, measures, and bal- ances 710 secretary of agriculture 609

secretary of Porto Rico 703 secretary of state. 79, 287, 298, 429, 451, 554, 869 standard keeper 580 State chemist 149 State treasurer 125 superintendent of police 135 superintendent of weights and measures 527 superintendent of weights, measures, and markets 162 powers and duties of 48,

49, 50, 62, 94, 97, 106, 135, 136, 162, 193, 219, 230,

260, 272, 313, 341, 348, 392, 451, 452, 478, 480,

497, 498, 511, 530, 580, 610, 642, 650, 667, 703, 710,

733, 756, 774, 791, 792, 795, 817, 818, 830, 849,

861, 863, 869, 882, 895, 896, 922. salary 61, 94, 162, 410, 510, 529, 581

visiting local sealers or inspecting work.. 49,

63, 97, 98, 136, 207, 230, 313, 393, 480, 511, 566,

774, 818, 831, 862, 883, 896. witnesses, may compel attendance of. . 682, 882 tenure of oflBce

civil service status for 359, 529, 864, 884, 897

qualifications or fitness for 410, 528, 613 removal from, procedure in... 97, 233, 669, 794, 841, 899 unlawful to sell or be interested in weights and measures 68,98, 170,219,300 Sealing devices for track scales 416, 660, 766 Seed, list of various sold by weight 236 Section of land, number of acres to.. 44

Sheriff: exercising functions of sealer 190, 653, 629, 844 made county weighmasters... 653

sealers to be deputy 460

to enforce act 506

Shingles:

cities may measure 440 dimensions 181,324,522,586,746,855 mmiber to bundle 324

to round bundle 622

to square bundle.. 622 raUroads to provide scales for weighing of.. 873

slate, underlap for prescribed 835 units of measurement for to be established. 354 unlawful to demand excess number 691
968 INBEX

Page

Shorts, bag or sack of, weight of 269, 799 weight per bushel- _ 941 Shrimp, barrel of, number pounds to 302 basket for, number pounds to 306 Shipmasters, weights and measures, to be kept by 45 use of 45 Shrinkage. See Tolerances.

Skein. See Textiles. Slack filling of food packages 52, 486, 596

Slate, roofing, underlap prescribed 835

Slot machines, requirements for use— - 164 type must be approved. 373 Soap, box or package of, net weight to be marked 619 Soapstone, surveyors of, may be appointed.. 372 Sorghum, weight per galIon___ 48,

248, 429, 579, 732, 780 Sorghum seed, weight per bushel 941 South Carolina, laws of 731 South Dakota, laws of 749 Spaulding's table. See Logs.

Specifications. See also Babcock or other

test for milk and cream,

for clinical thermometers to be promulgated... 143

for graduated glassware, to be established.. 358

specifications and tolerances for weights and measures and weighing and

measuring devices

adopted or may be fixed by States 95. 170, 219 , 230, 234 , 313,459 , 475 , 516, 534,566'

643 , 670, 678, 703 , 792, 832, 849, 883, 896.

of National Bm-eau of Standards adopted

or recognized... 95, 170, 219, 475, 643, 792, 849, 883

to be established with advice of 313,

459, 516, 832 Spelt or speltz, weight per bushel 941 Si)erm oil, weight per gallon 276, 557

Spices, bulk, how sold 236 Spinach, how sold... 169,236 standard barrel for, dimensions 339

of less capacity, how marked. 339 weight per bushel 941

Spirits, number gallons to barrel 43 proof, defined.. 43 standard gallon used in sale of 43 Spool. See Textiles. Stain. See Paint. Stamps and brands. See Testing weights and measures.

Standards:

city and townapothecaries weights and measures 356

care and custody 50, 64, 101, 135, 140, 209, 232, 261, 314, 349, 387, 393, 430, 512, 530, 670, 794, 820, 841, 863, 885, 897. comparison with county 613 comparison with State—

at indefinite times... 193, 260, 272, 640, 667, 669 once in five years 49,

198, 207, 313, 315, 392, 480, 511, 530, 566,

778, 818, 830, 862, 882, 895. once in 10 years 354 once in three years 354, 610, 712

Standards—Continued. Page

city and town—continued, comparison with State—continued. once in two years 62,

96, 101, 135, 230, 275, 793, 896 duplicate 316,356 furnishing or procuring 64,

96, 101, 138, 140, 198, 209, 261, 393, 429, 480,

532, 610, 611, 669, 710, 777, 792, 831, 841, 863,

885, 896.

list of. 349, 430, 480, 611, 710 may be insured 349 countycare and custody 50, 101, 137, 153, 157, 232, 273, 334, 393, 430, 431,

530, 567, 580, 592, 612, 670, 731, 841, 885. charge for testing and sealing 79 comparison with State

at indefinite times 149,

163, 193, 260, 272, 640, 667, 669 once in five years 49, 313, 392, 451, 530, 566, 777, 862, 882 once in three years 610 once in two years 96, 101, 135, 230

duplicate 97 furnishing or procuring 47,

49, 79, 96, 101, 125, 137, 179, 190, 238, 273,

287, 393, 429, 437, 532, 554, 579, 580, 591, 610,

611, 669, 731, 777, 841, 885.

list of. 47, 238, 273, 430, 437, 579, 580, 611 customhouse

furnished g

repairs and adjustments to 7

electrical

Federal 9 State 196,268,476,708

international, custody of 11 metricfurnished to agricultural colleges 6 furnished to States 6 nationalcare and custody 5 comparison with international 11 international prototyjie meter and kilo- gram regarded as 7 troy pound of the mint 40 provincialcare and custody 698 comparison with fundamental 698 furnishing or procuring 698 furnishing to municipal districts 703 State 48j

49, 61, 79, 95, 109, 125, 135, 149, 162, 173, 179,

191, 194, 206, 230, 257, 268, 287, 298, 313, 334,

349, 387, 392, 410, 429, 460, 475, 494, 510, 525,

532, 553, 565, 579, 594, 603, 640, 667, 703, 710,

731, 749, 774, 792, 797, 818, 830, 840, 861, 881,

895, 922. care and custody 43

62, 79, 95, 109, 125, 135, 149, 162, 193, 206, 23o', 260, 272, 287, 298, 313, 348, 387, 392, 410, 429,

451, 475, 498, 510, 530, 532, 554, 566, 579, 594,

610, 626, 667, 703, 710, 749, 774, 775, 792, 818, 830, 841, 861, 881, 895, 922. comparison with national

at indefinite intervals 410, 626 once in five years 349
INDEX 969

Standards—Continued. Page

State—Continued, comparison with national—continued. once in 10 years 49,

62, 95, 135, 193, 207, 230, 250, 272, 313, 349, 392, 451, 498, 510, 530, 566, 641, 749, 775, 792, 818, 830, 841, 862, 882, 895, 922. duplicate

office or secondary 62, 96, 206, 567, 626, 756, 793, 817, 840, 88: comparison with State, annually. _ . 627, 206, 756, 817, 840, 88: working _ 206, 313, 756, 817, 840, 88: comparison with office, annually 206, 756, 817, 840, 88: comparison with State, aimually 922 furnished by resolution of Congress 6

list of. 206, 348, 554, 565, 593 repairs and adjustments to 7 replacing standards. ._. 7 thermometers, clinical

duplicate, office, standard comparison

with State 143, 350 standard test by National Bureau of Standards 143,350

tolerance on standards, submitted to National Bureau of Standards, to be

fixed 6 Standard keepers. See Sealers of weights and measures.

Statute of limitation, no action to be com- menced after one year. 679 Staves. See also Barrels. butt dimensions.. 325,855

cities may make regulations regarding measurement of 180 may measure 440 dimensions for barrels 181, 325, 522, 745, 855

for barrel for turpentine 180

for hogsheads 181, 325, 522, 855

for pipes.... 181,325,745,855

Steel, sheet and plate, standard gauge adopted for custom purposes 38 tolerance allowed 39

Steelyards, approval of 350 Stockyards. See Livestock.

Stone:

cities may provide for weighing or measuring oL.... .- 440,463 crushed, weight per cubic yard 216 perch of, number of cubic feet to 125,

196, 259, 556, 599, 603, 628, 761 number cubic feet to in boats, in cars, in

piles, or in walls 154 Stones, precious: carat legal weight for 16,387 ctistoms service - -- 16 troy potmd, unit for weighing 70 Straw:

baled, deduction for baling material 725 how marked. 572

tare on 688, 725 tolerance on 72,572 weight to be marked.. 260, 269, 688

scales, sealed to be used 572

ton, number pounds to 248, 340

Straw—Continued. Page

tolerance for shrinkage and scale variations. 725 weighers of, appointment and duties 326, 423 impersonating 424

neglect of duty 425 removal 424 weighing, rules and regulations to be estab- lished for 283,423 weight, gross and tare to be marked 725

sale by 558,752 Strawberries. See Berries and small fruits. Struck measure. See Measures.

Sugar, barrel of, forfeiture for shortage 785

tolerance on 73 weight to be marked 487 Sunflower seed, weight per bushel 933 Svureyor: chain

fees for testing 581 length in varas __ 814 neglecting or refusing to verify 672 number of perches to 44 standards of length for, established 320,

672, 814 to be standard 551, 782, 814

to be tested, when _ 581, 672 compass, to be verified annually 320 evidence, to be given, when 575, 612

fees for testing apparatus 378, 581

linear measuring apparatus to be tested aimually 321,378 meridian for, established. 320,672,814 T

Tan bark, number pounds to cord 179 Tankage, sack of, net weight ___ 269 Tanks, fuel, marked capacities to Indicate

true capacity 645 Tar, barrel for, number gallons to 854 Tare:

actual to be allowed _ 183

false or fraudulent marking of.. 60, 111, 158, 200, 427, 463 , 559 , 576 , 598, 617 , 633,

706, 761,855.

grain, to weigh without 225 on barrels, boxes, etc., to be marked 184,

251, 487, 488, 550, 617, 619, 855 on barrel of—

ashes 619

salt...- 619,856 on cotton, bagging and ties 54,

84, 182, 185, 519, 650, 739, 740, 787 on hay or straw for bailing material 688, 725 on hops, bale of 671, 650, 869 sacking, for, weight 571,650,869 on rice 183 on tobacco. 619

Tarifi act, weight per bushel of commodities

fixed by... .-. _ 43 Taximeters:

fees for testing 359 may be condemned or seized 357

rules and regulations concerning to be made 357 tested as to correctness of measures and

values - 357
970 INDEX

Page

Tennessee, laws of_ 774 Teosinte, weight per bushel 933 Terrapin, quantity to be marked 738 Test car. See also Scales, track. may be taken outside of State 871 procuring of 282,417,660

railroads to provide, when 445,871

railroads to transport without charge 282,

417, 445, 660, 871 Testing weights and measures. See also False weights and measures; Fees and

compensations; Scales; Standards; Seal- er of weights and measures; and AVeights and measures and weighing and measuring devices. at State or educational institutions 49, 97, 136, 207, 230, 272, 355, 392, 452, 479, 511, 532'

566, 642, 756, 776, 793, 818, 831, 862, 883, 895.

cities and towns may provide for regulating, inspecting or sealing 52, 129, 198, 220, 289, 290, 298, 414, 415, 463, 563,

576, 598, 736, 760, 836, 925, 926. sealing or marking 50, 104, 190, 233 , 260 , 273 , 317, 334, 353 , 354, 359,

392, 457, 459, 462, 469, 479, 481, 498, 499, 512, 520, 568, 580, 591, 592, 610, 612, 626, 629 , 636,

640, 642, 644, 657 , 660 , 669 , 679 , 689 , 695 , 697,

699, 703, 706, 711, 712, 714, 716, 723, 728, 756,

757, 796, 819, 832, 842, 864, 884, 898. unlawfully altering or removing marks or brands 163,

191, 234, 264 , 299, 353, 395, 479 , 498, 535, 660, 696, 700, 800. standards of institutions and private firms. 49,

62, 207, 230, 260, 272, 357, 392, 410, 511, 566, 610,

626, 642, 682, 775, 831, 883, 895. may condemn same, when _ 357 trade weights and measures

apothecaries 358,457

refusing or neglecting to have tested 80, 105, 151, 163, 274, 300, 336, 357, 459, 499, 507,

535, 671, 704, 714, 734, 781, 801, 833. sealing incorrect apparatus 499, 706

sealing or condemning without test 106, 275, 456, 499, 778, 801, 832

testing, annually 50, 63, 80, 103, 140, 149, 208, 232, 298, 315, 334, 335,350,356,358,394, 411, 452, 454, 512, 531,

580, 591, 642, 699, 712, 776, 781, 796, 819, 897. at indefinite periods 80, 179, 437, 453, 613, 670, 733, 704 at other periods 150, 191, 262, 275, 757, 923 semiannually. 65, 137, 162, 190, 335, 554, 667, 842, 883 upon request or complaint 79,

80, 102, 149, 150, 163, 179, 193, 207, 208, 238,

260, 262, 272, 316, 353, 358 387, 392, 452, 498,

531, 554, 593, 758. Texas, laws of 791 Textiles: cotton

bagging and ties, deduction for, or weight

of 54, 84, 182, 185, 519, 650, 739, 740, 787 not to exceed actual weight 787 number yards to bale 84

bale, minimum weight 740

Page.

Textiles—Continued,

cotton—continued,

bale, round, deduction for bagging and

ties, not applicable, when 739

tare on 739 fraudulently packing or increasing weight 186, 462, 558, 575, 739, 761, 927

scales

ginners to keep accurate 85 testing annually 86 testing every 30 days 183 weigher, appointment of, duties 86,

182, 265, 721, 741 weighing, fees for 85,

87, 183, 185, 588, 740, 741, 742, 786, 921 separately 89 track scales for, railroads to keep 83 using untested weights and measures.. 55 weight, actual to be accounted 432 deducting for scalage prohibited 84,

'

183, 306, 432, 587, 739, 786 deducting from... 56,182 gross to be stated 182 to be marked 89, 562, 632 cotton duck or canvas

defined 484 ounce defined 221, 426, 484, 905 standard yard 221, 426, 905 unlawful to conceal size or dimensions... 484 weight or quantity to be marked in ounces per yard 222, 427, 483, 90S cotton goods, selling less quantity 340

cotton, wool, linen, or silk goods, weight or measure to be stated 212, 822, 848 thread, cotton, on skein, spool, ball, or

holder, contents to be stated in weight

or length 145 tolerance on 146 cotton, flax, linen, silk or wool on spool, skein, ball, or holder

length to be stated, when 546, 574 tolerance on.. 374, 547, 574 weight or measure to be stated 146, 212, 373, 546, 574, 822, 846 number of yards to be stated 721 twine, number of feet to pound to be marked 265,399,486

tolerance on 265,399 weight to be marked. 616 wool, license to weigh 265 on spool or similar holder, net weight or measure to be marked 821 woolen goods, unlawful to sell for larger quantity than actual 340 Thermometers:

clinical, designating mark for manufacturer t 144

fees for testing 350 may be condemned and seized, when.. 143,350

sealing by manufacturer 350

specifications and tolerances for to be pro- mulgated - 143,350 State standard, testing of 143, 350 unlawful to sell unsealed 350 comparison of, at Internationa) Bureau of Weights and Measures 11 Thread. See Textiles. Tickets, sales, requirements as to 164
INDEX 971

Page

Tierce for fish, how made 145 Timber. See also Logs; and Lumber,

cities and towns may make regulations for. 180 county surveyor to be inspector of 90 how sold - 693,746

inspector, duties of 90, 746 marking contents on logs 326 round, number board feet to cubic foot 522

rules for measurement of 746, 835 allowance for rotten -- 181 Doyle or Scribner's rule 430, 891 round 521, 522, 701, 835 square 181,693,701

ton, number cubic feet to 521 weighing on two or more cars 188 Time; standard _ 148,

161, 333, 524, 624, 694, 773, 839, 909, 927 standard for territorial zones 45

zones, definition of limits 45

to govern common carriers 45 Timothy, or herd's grass, sale by weight, when - 368

seed, weight per bushel 941 Tobacco:

fraudulently increasing weight of package.. 709 hogshead, size of 344

license to weigh 265 net quantity and tare to be marked 619 net weight to be marked 344, 487, 857 packing less than lawful weight 249 weighing at warehouses 296, 343, 588, 620 Tolerances:

of National Bureau of Standards

tor standards, submitted for test, limits to be fixed 6

for standard barrel 22, 404

for weights and measures and weighing and measuring devices, adopted or recognized by States 95, 193, 219,

313, 403, 459, 475, 516, 643, 792, 832, 849, 883 on bacon 73 on boilers, range 377 on bread, for individual loaves 74, 106, 141,

166, 192, 239, 465, 614, 651, 804, 851, 866, 903 in excess only 74, 106 may be fixed 239, 360, 571, 614, 707, 763, 851 on butter 73,722 allowance for absorption of brine 722 on coal, anthracite, allowance for foreign substances in 519

for maximum shrinkage 635,925

for variations in scales or weighing 572,

635, 685, 826, 925

for wastage 572

in carloads 635,826,827 on coins 41 due to abrasion 41 on coke or charcoal, for variation in scales.. 572

for wastage 572 on commodities, certain, may be fixed 73, 414, 534, 779, 783, 792, 925

In containers or packages, may be fixed. . . 73, 96, 197, 212, 263, 272, 366, 456, 497, 515, 615,

647, 674, 706, 779, 783, 785, 792, 839, 845, 886

for evaporation, leakage or waste 197, 272,466,497

Page

Tolerances—Continued, on commodities, for food (including exemptions as to small packages) 16,

18, 19, 114, 143, 169, 177, 187, 192, 220, 305,

331, 342, 416, 441, 518, 544, 545, 584, 701, 719,

735, 765, 786, 821, 824, 839, 850, 870, 908, 928. commercial practices allowed 18 minimum 18,114,734

variations in manufacturing of bottles.. 18

for grits.. 184,785

- for ham.. _ 73

for potatoes. __. 73

for sugar 73

for vegetables 73 maximum 783 trade customs recognized 368 on containers or the contents

barrels of, or for

ale, beer, or porter 902

cranberries 22-26,403,902

fruits and vegetables and other dry

commodities.... 22-26, 32, 119, 245, 404, 806 may be fixed 271, 542, 609 lime 29,30 malt beverage 365 baskets or box 31, 271, 464, 542, 609

for shrinkage 245

for variations in manufacttire 245 in quantity contained 245

bottles for distilled water 70

for food, for variations in manufacturing 18

for milk and cream 70,213,327,

351, 399, 526, 569, 724, 752, 887, 900

to be fixed 673 hampers, for variations in manufacture. 245

in quantity contained 245 may be fixed 609

to be prescribed for shrinkage of com- modity 245 in general, variations to be permitted 571 receptacles for farm products, may be

fixed or allowed 55, 82, 221, 505, 772, 792 oncornmeal.. 73,184,785 on flour-- 73,184,785 on grain for leakage, shrinkage, or loss 73, 443 on hay or straw, baled 72, 572

for shrinkage and scale variations 925 on iron and steel, sheet and plate 39 on lettuce in crates 120 online, bulk 30 on meters, electric, gas or water 64,

67, 68, 144, 330, 390, 448, 583, 622, 709 on potatoes for shrinkage 806 on pumps, automatic 174 on scales 190, 414, 572, 595, 635, 686, 826, 925 on standards submitted to National Bureau

of Standards, limits to be fixed.. 6 on textiles

thread, cottonlinen, orsUk 146, 374, 547, 574 twine, binder 265, 399 on thermometers, may be fixed 143, 350 on weights and measures and weighing and

measuring devices, may be fixed 6, 95, 170, 219, 230, 234, 313, 459, 475, 516, 534,

566, 643, 670, 679, 792, 832, 849, 883, 896. deviation against owner. 534
1^

INDEX

Toll. Sc« Mills Page

Tomatoes: - basket or box, capacity 156,338

\ dimensions 174

, other size, how marked 156, 339 prohibited 174 not applicable to local shipments 175 containers to have net weight marked 120

crate, dimensions 174 other size prohibited 174 not applicable to local shipments 175 packages for 117 dimensions - 118 weighing by wagon load 340 weight per bushel-.. 941 Ton. See also the specific commodity in question.

fractional parts 695 net register 45 number cubic feet to, how ascertained 45 number hundredweight to 39^

110, 141, 195, 215, 257, 268, 287, 317, 348, 437, 460, 476, 494, 565, 604, 686, 703, 750, 798, 901. number pounds to 111. 116, 125, 164, 200, 215, 234, 248, 287, 304, 323, 339, 368, 414, 430, 461, 463, 496, 556, 565, 572,

595, 606, 628, 685, 715, 799, 833, 868, 890, 901. gross 39, 157, 339, 525, 703, 868

of bark, number pounds to 685

of charcoal, number pounds to... 414, 572, 595, 628

of coal, anthracite, gross, number of pounds

to 685

at mines, number of pounds to 58, 134, 267,346,696

gross, mandatory use of 39, 157, 339 number pounds to 39,

157, 339, 646, 685, 715, 868

in the sohd, number cubic feet to 128

net, number pounds to HI.

116, 164, 200, 248, 304, 323, 339, 368, 414, 430.

461, 463, 496, 565, 572, 595, 605, 628, 646, 685, 715*

717, 868. number bushels to 461

of coke, number pounds to.. 248,323,572,628,717

of cottonseed, number pounds to 799

of hay or straw, number cubic feet to 462,

556, 599, 628, 760, 761, 924 number pounds to m.

116, 200, 248, 340, 425, 461, 463, 556, 699, 628, of hemp, number pounds to 288

of ice, number pounds to 248, 414, 595

of lead ore, number pounds to 438

of lime, number pounds to 628

of ores, number pounds to 438

of ship timber, number cubic feet to 521

of zinc ore, number pounds to 438 Township, how formed 44 number square mUes to 44 Track scales. See Scales. Troy. See also Units of weight and measure. .pound of the, Bureau of Standards .— 40 mint *0 Tub:

for butter or cheese, how marked 550 weight to be marked 550, 722

Tub—Continued. Page

for oysters, capacity, or dimensions of 57, 157, 176, 187, 343, 433, 549, 688, 738, 853 form 167,433,549 how filled 176 may be seized and destroyed, when 854 number to barrel 57, 176, 433, 814 imlawful to use other than standard... 433, 588 Tun, two pipes to 684 Turnips. See also Fruits and vegetables.

barrel for, capacity 732, 780 dimensions 339

of less capiacity, how marked 339

sale by bunch 169,362 standard basket for, capacity 156 other than standard to be marked 156 weight per bushel 941 Turpentine:

barrel for, capacity 180, 854 dimensions of staves 180 weight of 745 weight to be marked 745 net contents to be marked on container 853 weight per gallon 276, 557 Twine, binder: number of feet to pound to be stated.. 265, 399, 486

tolerance on 265,399 weight to be marked 616 Type of apparatus: approval of 321, 354, 676 conditions for 676 not affecting test of individual apparatus. 679 not necessary, when 677 part of mechanism 678 procedure in 676 guaranty, effect of 677

serial numbers for 677

slot machines, approval of 373

steelyards, approval of 350 term defined 675 imauthorized 336, 455, 678, 714 Type-registering beams, grain scales to be equipped with 280

United States, laws of United States laws and regulations adopted

or recognized concerning: apple grading law . barrels and containers

237, 362, 365, 403, 540, 609, containers for farm products 82, 120, 221, 245, 442, 609, 680, 732, 736, 772, 800 cornmeal, weight of

electrical units 196, 268, 476, food packages 115,366,544,736,786, food products gauging - - —

grain, seeds and agricultural products

specifications and tolerances for weights and measures - -- 95, 219, 313, 459, 475, 516, 643, 792, 832, 849, standard time

See also National Bureau of Standards.

675

170, ,822

203, ,909

53 ,708

,928

909

721 912

193,

1,883 695
INDEX 973

Page

Units of weight and measiire. See also Ton;

Measures,

area

acre, number square chains to 109,

195, 215, 257, 268, 460, 476, 494, 565, 603 number square rods to 257,

460, 476, 565, 579, 603, 684, 749 number square yards to 579, 797 number to square mile 109, 195, 215, 257,

268, 460, 476, 494, 565, 579, 603, 684, 749, 798, how measured 195, 215, 257, 268, 460, 475, 494, 565, 603, 749, 797 euerda equivalent 702 hectare — - 702 metric units 8,697,702 capacity and volume

bushel and subdivisions 70, 109, 110, 141, 195, 206, 215, 258,268, 337, 396, 413, 437, 461, 475, 476, 495, 566,Jp94, 604, 798, 834, 900. form or dimensions 110, 461, 604, 684 heaped, number cubic inches to 141 number of cubic inches to 70,

109, 141, 206, 337, 413, 437, 475, 594, 604, 798

ratio of height to bottom 684

ratio of top to bottom _ 684 cubic meter 702

fluid dram, number to fluid ounce 110

fluid ounce, number of cubic inches to . . _ 169

for measurement of—

gas 389,621,708 timber, round, equivalent of cubic foot. 521 water, acre-foot... 489,

506, 563, 634, 773, 816, 828, 868 measurement of flow or volume 128, 204, 473, 48£^*506, 563 , 634 , 773,815,816,

828, 868, 927. miner's inch 112, 473, 489, 506, 563, 773

gallon, ale or beer 70

gallon and subdivisions. 70, 109, 110, 141, 169, 173, 195, 206, 215, 257, 268, 337, 413 , 437, 461, 475, 476, 495 , 566,

594, 604, 684, 751, 798, 831

gallon of 282 cubic inches 70, 141

liter 8,697,703 metric units of 8,697,702 perch number of cubic feet to 196, 494

electrical, national, ampere, coulomb, farad, henry, joule, ohm, volt, and watt 9 length

chain or link 109,

194, 268, 460, 475, 494, 551, 565, 581, 603, 749, 797 furlong number of yards to 684

line equivalent 44 meter 8,697,702,703 metric units of 8,697,702

mile, number yards to 194,

215, 257, 268, 460, 475, 494, 565, 603, 684, 749 number of furiongs to 684

rod, pole, or perch 109, 194,

215, 257, 268, 460, 475, 494, 565, 603, 684, 749, 797 yard and subdivisions 70, 109, 194, 214, 257, 268, 413, 437, 460, 475, 494,

553, 665, 594, 603, 703, 749, 797.

Page

Units of weight and measure—Continued, mass

carat, metric, equivalent 16 establishment of 16 standard for diamonds and precious

stones 387

cental, number pounds to __ 365 hundredweight 39,

110, 141, 195, 215, 257, 268, 287, 317, 348,

396, 413 , 437, 460, 476, 494, 565, 594, 604,' 686, 703, 750, 798, 833, 901.

for pig iron and iron ore 603 metric units of 8, 697, 702, 703 pound, apothecaries

dram, number ounces to__ no

grain, number to pound 70, 110 ounce, number to pound _. no

relation to troy no

scruple, number to dram no

number grains to no

avoirdupois and subdivisionsgrains, number to pound 70, no, 141, 215, 475 ounce, number to no,

257, 460, 603, 685

relation to troy no,

141, 215, 257, 348, 460, 494, 603, 798

troy and subdivisionsgrains, number to 70,141,215 ounces, number to no215, 257, 460, 494, 604, 798 pennyweight, number to ounce 110, 684 number grains to _.no, 684 standard for jewels and precious stones. 70 standard of the mint 40

quarter, number of pounds to_ 685

scruple, relation to dram no

relation to grain _ no

ton, gross 39, 157, 339, 525, 703, 868 number of hundredweight to 39,

IJLO, 141, 195, 215, 257, 268, 287, 317, 348, 437,

460, 476, 494, 565, 604, 686, 703, 750, 798, 901 number of pounds to m,

116, 125, 164, 200, 215, 234, 248, 287, 304, 323,

339, 368, 414, 430, 461, 463, 496, 556, 565, 572,

595, 605, 628, 685, 715, 799, 833 , 868, 890, 901

register or net 45 ship timber, number cubic feet 521 Utah, laws of gig

Validity. See also Constitutional provisions. saving clauses 171,236,483,538,605 Vara:

length of surveyor's chain in gi4 Spanish, equivalent of 797 use of suppressed.. 553 Variations. See Tolerances. Varnish. See Paint. Vegetables. See Fruits and vegetables; Pro- duce and farm products, and also the specific commodity in question.

Vehicle. See Sealer of weights and measures; and Wagon.

\
974 INDEX

Page

Vendors, may be stopped for inspection and

test of weights and measures 50, 63, 65, 103, 136, 150, 208, 234, 394, 410, 454, 479,

512, 567, 668, 670, 757, 776, 796,819, 831, 842, 863,897,923. required to keep proper weights and measures 129,

220, 299, 378, 401, 440, 457, 506, 516, 598, 760 weights and measures to be tested 126,

163, 299, 462 Vermont, laws of 830 Vinegar, bottles for, sizes filed 866 other sizes, net measure to be stated 866 quantity to be stated 73 cans for, quantity to be stated 73 standard proof for 44

Virginia, laws of _-- --- 840

Volt. See also Electricity, units of. equivalent with reference to Clark's cell--- 9 w

Wagon scales. See Scales, public. Wagons:

coal, ice, or delivery, sealer may stop to

test weights and measures 50,

63, 65, 136, 150, 165, 208, 234, 260, 317, 454,

479, 512, 567, 573, 668, 670, 733, 757, 796,819,

831, 842, 863, 883, 897, 923.

coal, coke, or charcoal, name of vendor to be marked 165, 718 must carry or provide scales for sale of ice.- 304,

365, 557 Walls, party, method of measuring --- 154 Walnuts, standard packages for 117 dimensions 118 weight per bushel— - 941 Warehouses:

certificate of, what to contain 34 inspector and weigher at, appointment of. - 295

rules and regulations for management of, to be made 769

scales

motor vehicles and other facilities may be

furnished for testing of _- 770

repair of, hourly rate 770

sealing of 769

subject to test by inspector of weights and measures 223

test of 282,

420, 443, 469, 558, 562, 633, 769, 785, 913 upon request 420

tester of, appointment 469 warehouses to provide and maintain 294, 444,785 tobacco to be weighted at, when received.. 296 United States act regarding. 33 weigher not to be interested in products 662 weighing commodities at 33,662,873 weighing or mspecting grain at 279,

663, 664, 770, 873, 876, 912 weighing at, license to be obtained 471 weights and measures, to be furnished 800

to be inspected every two years.. 335 Washburn and Moen gauge, standard for wire fence 401 Washington, laws of 861

Page

Water, distilled, bottles for 70

inspection and sealing 71 tolerance on 70 inch of, measuring device for irrigation 490 measurement through orifice defined 125 miner's inch, defined.. 112,563,773 equivalent in cubic feet per minute 112 equivalent in cubic feet per second 473,

489, 506, 563, 773 equivalent in gallons per second 473 use in future permits prohibited 506 standard or unit of measurement of flow

cubic feet per second.. 128, 204,

473, 489, 506, 563, 634, 773, 815, 828, 868, 927 defined gig equivalent in gallons per second 473 standard or unit measurement of volume

acre-foot. 489, 506, 563, 634, 773, 816, 828, 868

acre-foot equivalent in cubic feet per second 489,506,563,634,773,828,868 cubic feet 128 Watercress, sale by bunch 236 Watermelons: common carriers to furnish weights of ship- ments 586 statement of weight or number required. . . 251 Watt. See Electricity, units of. Weighers. See also Fees and compensations.

at warehouses 112,588,786 must keep correct scales 112

to provide own scales 786

for corporations, State sealer may appoint.. 833

rights and duties prescribed 833

of beef in towns, appointment 365

of boilers, appointment.. 366

of coal, appointment andr duties 326,

368, 714, 828, 836

of commodities, appointment 376

of cotton, appointment and duties... 86,

87, 182, 587, 721, 740, 742, 786

fees. 183,741,742 public ginner is 85 removal of 183

to provide own scales 786 unlawful for others to weigh 87

of fish, appointment and duties. 362, 376

of grain, appointment and duties 279,

280, 367, 470, 726, 873, 913 not to be interested in products weighed. 470

of hay and straw, appointment and duties. 325, 368,423 impersonating 424

neglect of duty 425 removal 424

of livestock, appointments. 418,722 pubUc - 306

qualifications 419 unlawful interference with 419

of produce, appointment of in cities 277

of rice.. - 182,183

of tomatoes by wagon load 340

private, provisions applicable to 560

public, appointment and duties 290,

306, 366, 440, 466, 560, 561, 629, 737, 761, 802, 808

certificate of, form of 812 giving false 466, 762, 803 prima facie evidence 802, 850 what to show 560
INDEX 975

Page

Weighers—Continued.

public, counties may appoint - 559,807

qualifications ' 809 who are-.- 802,808

fees for 632,744,762

for farm products, appointment 743, 850 not to be interested in articles weighed. 560, 630 others may act, when — 561 removal from office 813

seal of, form 812

to provide scales 629 Weighmaster. See also Checkweighmaster; and Fees and compensations.

at coal mines, duties and powers— 91,

229, 255, 266, 285, 345, 409, 449, 473, 558, 563,

602, 638, 696, 789, 828, 879, 929. fruadulent weighing by 696

at warehouses, appointment and duties.. 420, 443

certificate of, form and contents 107, 501 issuing false.- 108,501,548 requesting false 108,501

to be accepted or recognized as accurate.. 107,

500, 501, 687

for private firms, appointment— 548

for public, appointment and duties 107,

170, 235, 261, 482, 501, 547, 548, 549, 553, 562,

597, 686, 925. hindering or obstructing 421,558,914 making false entry of weight of boat or cargo. - 575,601

of grain 279,913

railroad or track scale - 284, 418 reweighing upon request 108, 501, 549

sheriffs are, for counties 553 State department to keep record of or as- certain qualifications of those appointed as...- 496. 5«

weight, to be true net weight 109 Weight per bushel. See Appendix 932-942 Weights and measures and weighing and

measuring devices. See also False weights and measures; Fees and compensations; Scales; Sealer of weights and

measures; and Testing weights and measures and weighing and measuring devices,

false, fraudulent, unsealed, or condemned

apparatus, disposing of 218,

337, 411, 823, 833, 848, 864

false, or fraudulent use of or interference with, altering or using altered, after

test 151, 163, 336, 671, 700, 706, 714 may be, confiscated, when 63,

138, 233, 456, 479, 497, 610, 532, 757, 819, 884, 923 destroyed, when 63,

65, 104, 136, 140, 150, 163, 208, 210, 411, 456, 479,497, 510, 533, 559, 568, 676, 581, 598, 632, 670, 699, 733, 760, 777, 796, 819, 842, 864, 884, 898. seized or condemned, when 63,

65, 68, 104, 136. 138, 150, 163, 190, 194, 208,

210, 234, 262, 274,316,336,353,358,395,411,

457, 479, 497, 635,559,568,675,591,592,697,

610, 642, 644, 668, 670, 704, 713, 733, 757, 760, 777, 782, 796, 819, 833, 842, 864, 884, 898, 923. liability for damage 479 may be sold, when 336 517—27 62

Page

Weights and measures and weighing and

measuring devices—Continued.

tolerances, may be fixed 6,

95, 170, 219, 230, 234, 313 , 459, 475, 516, 634,

566, 643, 670, 679, 792, 832, 849, 883, 896. of the National Bureau of Standards adopted or recognized 95, 193, 219,

313, 403, 459, 475, 516, 643, 792, 832, 849, 883 tolerances on scales 190,

414, 572, 595, 635, 686, 826, 925 typesapproval Of 321,354,675 conditions for 676 not affecting test of individual apparatus 629 not necessary, when 677 part of mechanism 678 procedure in 676

slot machines, approval of 373 steelyards 360 guaranty, eflect of 677

serial numbers for 677 term defined 675 unauthorized-. 336,455,678,714 unsealed or false may be seized or retained

for evidence 52, 68, 139, 150, 210, 234, 316, 359, 395, 412, 457, 480, 498, 512, 513, 591, 593, 642, 668, 670, 704,

778, 820, 831, 843, 865, 886. accounts or contracts how affected by

use of. 79,262,354,533 using or retaining in possession unsealed— 51,

53, 56, 67, 104, 139, 150, 151, 163, 175, 192, 218.

298, 318, 354, 411, 430, 463, 478, 613, 633, 559,

579, 592, 612, 700, 704, 713, 759, 782, 783, 797, 823, 848, 864, 867, 890, 906, 925. Weights and measures, foreign, use of in cer- tain Government reports 42 West Virginia, laws of 881 Whale oil, weight per gallon 276, 557 Wheat, bags, weight fixed 54 weight per bushel 941 Whortleberries. See Berries and small

fruits. Winchester measure. See Units of weight and measure.

Wisconsin, laws of 895 Witnesses, State sealer may compel attend- ance 682,882 Women, may be weighers of coal 368 Wood:

cord, dimensions- - --. 181

196, 322, 374, 413, 518, 687, 692, 724, 834, 844 how measured or packed- - 323,

374, 518, 603, 692, 724, 834 must be measured before sale or delivery. 39,

322, 323 number cubic feet to 39,

169, 196, 217, 322, 374, 413, 414, 496, 516,

695, 603, 646, 692, 724, 844, 867. when in conveyance - _- 595 when longer than 8 inches 169 when 16 inches or less and loose in box

or container-. 867

sale by, or fractional part 217, 515, 645, 867 delivery vehicle for, cubic feet to be marked. 616

sealer to measure capacity 516
976 INDEX

Wood—Continued. Page

kindling

basket for, capacity - 369, 516 dimensions 725 heaped measure used for 725 how filled ;69, 516, 725 how marked 369 unsealed may be seized 725 cord of sawed, number of baskets to 725 load or fraction, number cubic feet to 516 standard may be established 169 paper bags or socks for, capacity 369 dimensions 369, 573 how marked 369

sale, by bulk load- 169, 370, 516 in bags, when. 370

in bundles, when 370

in bushel basket 516 may be measured on request 181 measurers or surveyors of, appointment... 147, 374, 375, 518

fees and compensations 518,724

to give certificate 147, 518 pulp, supervisor, duties, salary, term of

oflace 920

sale of, certificate or delivery ticket to ac- company— 39, 71, 322, 323, 374, 375, 496, 645, 867

cities or towns may regulate 180,

198, 220, 322, 432, 440, 463, 484, 724

Wood—Continued. Page

sale of, fraudulently increasing weight 462

less quantity than represented 322 standard load, spUt wood 8 inches or less. 169

split wood not over 16 inches long 516 unlawful, by load, when 516 sawed or split, how sold 71 number of baskets to cord 725 number of cubic feet to, when loose in conveyance 413, 595 when ranked 344, 413, 595 Wood ashes, net weight to be marked on

package.-. 331 Wool. See Textiles. Work, mechanical, cities may measure 129, 440 Wrapper, separate charge may be made for wrapping or packing 616 Wyoming, laws of 922

Yard. See Units of weight and measure.

equivalent in meters... 8 value derived from the meter 7 z

Zinc, ore fraud in weighing 438 number pounds to ton 438 o



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