OF THE

BUREAU OF STANDARDS

No. 20 (2)





DEPARTMENT OF COMMERCE AND LABOR

BUREAU OF STANDARDS

S. W. STRATTON, Director

STATE AND NATIONAL LAWS

CONCERNING THE

WEIGHTS AND MEASURES

OF THE

UNITED STATES

(SECOND EDITION)

REVISED BY WUIIAM PARRY, BTOEAU OF STANDARDS

UNDKR THE DIRECTION OF L. A. FISCHER. CHIEF OF THE DIVISION OF

WEIGHTS AND MEAStTRES, BUREAU OF STANDARDS

WASHINGTON

GOVERNMENT PRINTING OFFICE

1912



DEPARTMENT OF COMMERCE AND LABOR

BUREAU OF STANDARDS

S. W. STRATTON, Director

STATE AND NATIONAL LAWS

CONCERNING THE

WEIGHTS AND MEASURES

OF THE

UNITED STATES

(SECOND EDITION)

REVISED BY WILLIAM PARRY, BUREAU OF STANDARDS

tJNDER THE DIRECTION OF L. A. FISCHER, CHIEF OF THE DIVISION OF

WEIGHTS AND MEASURES, BUREAU OF STANDARDS

WASHINGTON

GOVERNMENT PRINTING OFFICE

1912

CONTENTS.

Page. Letter of submittal v

Introduction vii National laws and regulations concerning weights and measures i Laws of the States, Territories, and possessions of the United States concerning

weights and measures 17-535

Page. Alabama 17 Alaska 23 Arizona 25 Arkansas 27

California 33 Colorado 45 Connecticut 51 Delaware 61

District of Columbia 71 Florida 87 Georgia 91 Hawaii 97 Idaho 99

Illinois 105 Indiana 113 Iowa 121 Kansas 133 Kentucky 149

lyOuisiana 155 Maine 163 Maryland 175 Massachusetts 185 Michigan 213 Minnesota 221

Mississippi 235 Missouri 241 Montana 249

Page. Nebraska 267 Nevada. 277 New Hampshire 285 New Jersey 295 New Mexico 309 New York 317 North Carolina 335 North Dakota 343 Ohio 353 Oklahoma 367 Oregon 379 Pennsylvania 383 Philippine Islands 413 Porto Rico 423 Rhode Island 425 South Carolina 437 South Dakota 451 Tennessee 461 Texas 471 Utah 479 Vermont 485

Virginia 491 Washington 499 West Virginia 509 Wisconsin 515 Wyoming 529

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

Appendix

Index

537

545

LETTER OF SUBMITTAL.

Department of Commerce and Labor,

Bureau of Standards,

Washington, January i, igi2.

Sir: I have the honor to submit herewith for publication a revised compilation of the Weights and Measures Laws of the United States, the first edition of which, published in 1904, was begun for the use of the Bureau of

Standards and not for the purpose of publication. On account, however, of the

interest that these laws have for legislators. State and city sealers of weights

and measures, and those industries whose operations cover several States, it was deemed advisable to publish the laws, particularly since the information collected

could otherwise be foimd only in scattered volumes rarely accessible to a single

individual. The usefulness of the first edition has been fully demonstrated by

the large demand for it. Numerous changes made in the State laws relating to weights and measures

during the past few years, and the large amoimt of new legislation on the subject,

necessitate a complete revision of the first edition. The scope of the present

edition has been broadened to include several phases of the subject of weights

and measures not covered by the previous edition. The revision was made by

William Parry under the direction of Louis A. Fischer, Chief of the Division of

Weights and Measures.

Respectfully,

S. W. Stratton,

Director.

The Secretary of Commerce and Labor.

V

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 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

of English origin. Most of them had been procured from time to time by the

colonies from Great Britain, and although it was well known that there were

variations in those of the same denomination, it was not imtil 1830 that the

matter received attention from Congress. At this time an investigation of the

weights and measures in use in the various customhouses was ordered by a

resolution of the Senate. As a result of this investigation the avoirdupois poimd,

the EngUsh yard, the wine gaUon of 231 cubic inches, and bushel of 2150.42

cubic inches were adopted by the Treasury Department, and the construction of

copies of the standards thus established was immediately imdertaken 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 deUver 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 tmiform standard of weights and measures might be established throughout the

United States. Nearly all of the States have been supphed with complete sets of standards in accordance with the resolution mentioned, and in many cases they have been adopted by legislative action as the standards of the State. The

fimdamental standards—the pound, yard, gallon, and bushel—are, therefore, with

certain exceptions, uniform throughout the Union. The practice, however, in

regard to the use of the two tmits last mentioned and their subdivisions differs materially. In some States the gallon of certain commodities is defined as a

definite number of pounds. Twelve pounds of strained honey is a legal gallon in

Nebraska; 6}^ pounds of kerosene in Kansas; j}^ pounds of Unseed in Ohio, and

II pounds of sorghum molasses in Indiana. These legal weights do not accord

with the true volume of i gallon of 231 cubic inches. vn
VIII Introduction

In many of the States the legal bushel of certain commodities is specified in

pounds. Special bushels have also been legally established in many States for

particular products, such as the charcoal bushel, which in Connecti&ut is 2748

cubic inches, in Colorado 2500 cubic inches, and in Pennsylvania 2571 cubic

inches. In Vermont "one bushel and three-quarters of a peck are deemed a

bushel of charcoal, lime, or ashes." In some places 5 pecks constitute a bushel

of "screened lump coal." A lime bushel in Minnesota is 2688 cubic inches. In

Pennsylvania, however, it is equal to the Winchester bushel, although the coke

bushel is 2648 cubic inches. The coke bushel in Missouri is 2680 cubic inches.

Some States require, furthermore, "heaped measure," others "struck 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 2564 cubic

inches. The ton of coal is in some States fixed at 2000 pounds and in others at 2240 pounds.

This diversity causes confusion in the commerce between the different

States. That there is need for authoritative definition by weight is made

evident by the fact that Congress has found it necessary to specify the number

of pounds of certain commodities in a bushel. These values were adopted by

Congress solely for use in the customs service, and do not supersede the State

laws, from which they often differ. In the Philippine Islands, Porto Rico, and Guam the metric system of weights

and measures is in general use, and it is the sole legalized system for these islands.

The use of the metric system has been legal in the United States since 1866, and

although it is in extensive use among technical and scientific men it is not in

general use in commercial transactions. Nevertheless the legal status of the metric

system is in some respects superior to that of our customary system of weights

and measures, since Congress has legalized the metric system as a whole and

specifically stated the relation of the various units to one another. On the other

hand, the system of weights and measures in common use in the United States

has never been specifically adopted by Congress nor are the relations of the various

imits to one another fixed except by custom. It is therefore not possible to give a Hst of the legal weights and measures of this coimtry, such as may be foimd in

foreign coimtries where the standards and their multiples and subdivisions are

fixed by law. Congress has never even adopted material standards for our cus- tomary system of weights and measures, but has left this matter to the discretion

of the Treasury Department.

Until 1893 the British Imperial yard and poimd were recognized by the Treasury Department as the standards of the United States, but on accormt of the
Introduction IX

inferior character of the copies of these standards in the possession of the department, it was decided that greater stabiHty and higher accuracy would be obtained

by accepting the international meter and kilogram as the ftmdamental standards

of the United States. The yard was therefore defined as a certain fraction of the

meter and the pounds as a certain fraction of the kilogram, the values adopted

being those established by the act of 1866, namely, i yard=|ltT meter, and i pound avoirdupois=j7^V¥^ kilogram. This action does not in any way alter

the values of our customary weights and measures, but simply fixes them in terms

of standards that represent the highest development of metrology. If any further

justification for this action were needed, it would be foimd in the fact that since

it was taken the British Government has had constructed an iridio-platinum yard,

similar in material and form to the International Meter.

In view of the confusion resulting from the diverse and conflicting laws in

regard to our customary weights and measures, as shown by this compilation, it would seem that some action tending to their improvement be taken, either by

Congress or by the joint action of the States, and it is believed that the publication of the laws in this form will do much to emhpasize the existing discrepancies

and the necessity for uniformity in standards and practices.

In this compilation great care has been taken to include all the laws pertinent to weights and measures. 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 subsequently to these works was taken from the session laws on file in the Library

of the Supreme Court of the United States. In searching for the laws relating to

the subject in hand, numerous relevant statutes wore found which were not in- dexed under the title "weights and measures;" and it frequently became necessary, on account of the sparseness of the indexing in the session laws, to scrutinize

the entire index. A considerable portion of the weights and measures legislation

found in the session laws repealed former statutes, either directly or by implication, and care had to be exercised to omit all repealed legislation, and to make all necessary corrections and appropriate explanations.

In consulting a work of this kind, it is frequently desirable and important

to know whether a particular law has been on the statute books for a number of

years or whether it is comparatively new legislation; and while it is not within

the scope of this work to give a complete history of the acts but rather to give

the laws as they now exist, it has been deemed advisable, as far as practicable, to

give the original date of enactment, and the date of any amendment. To do this

involved a considerable amount of labor, it being necessary at times to refer to

books not contained in the Supreme Court Library, recourse being had to the
X Introduction

I/ibrary of Congress. The following method has been used in showing the dates

:

First. Where a date (or dates) appears above the entire reference from which

the law is taken, it applies to all the sections contained tinder that reference;

second, where a date appears immediately above a section number, it applies to

that section and to those following until another date is given, or until a small

zero mark appears immediately following the section number, thus, "Sec. 491°,"

which mark is used to indicate that the date of enactment of the particular

section is not known; third, where no date appears above a reference or above

any section number under that reference, the date is not known; fourth, where

reference is made to the session laws, the year such laws were passed is always

given in the reference, thus, "Sess. Laws, 191 1, ch. —, p. —," and it is therefore

imnecessary to duplicate the year by putting it above the reference. All dates

are inclosed in parentheses.

It has not been practicable in all cases, with the limited force available for

the preparation of this work, to obtain the desired dates. For instance, in finding the date of passage of an act relating to thread in Rhode Island, constituting chapter 167, page 568, General Laws, 1909, no date of enactment is given, but reference is made to chapter 141, General Laws, 1896, which in turn

gives no date, but refers to chapter 120 of the Public Statutes, 1882, and like- wise no date is given here, but reference is made to chapter 108 of the General

Statutes of 1872, where no date or reference is to be found. In order to find

the date of passage of the act referred to, each volume of the session laws of

Rhode Island prior to 1872 would have to be searched until the act was foimd.

Obviously, to have done this in a large number of cases would have entailed an enormous amount of labor and time which would hardly have been justified

in view of the purpose of the compilation.
UNITED STATES

Congress shall have the power * * * coin Money, const/u^s. Art. i. resfulate the Value thereof and of foreign Coin, and fix the Stand- ^^^s. par 5

'

"

I Ttr National standard of ard of Weights and Measures ; weights and measures The Office of Standard Weights and Measures shall hereafter onginii art! ch. 87.. be known as the National Bureau of Standards. si^t., p. 1449 That the ftmctions of the bureau shall consist in the custody Establishment of the

. National Bureau ol of the standards; the comparison of the standards used in scien- standards tific inyestigations, engineering, manufacturing, commerce, and oStody of standards educational institutions with the standards adopted or recognized comparisons

bythe Goyemment ; the construction, when necessar)^ of standards,

their multiples and subdiyisions ; the testing and cahbration of ^^o^st ruction of standard measuring apparatus; the solution of problems which xests arise in connection with standards; the determination of physical constants and the properties of materials, when such data are investigations of great importance to scientific or manufacturing interests and

are not to be obtained of sufiicient accuracy elsewhere.

That the bureau shall exercise its functions for the Goyemment

of the United States; for any State or municipal government

f^-^^j^^j^ within the United States; or for any scientific society, educa- Hons may be exer- tional 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 accord- ance with the rules and regulations herein estabHshed.

That the director shall be appointed by the President, by and

with the advice and consent of the Senate. He shall have the Director general supervision of the bureau, its equipment, and the exer- powers and duties cise of its fimctions. He shall make an annual report to the Annual report 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 pubUc distribution, containing such infor- y^^"^**^

mation as may be of value to the pubHc or facihtate the bureau in

the exercise of its fimctions.

' By the art of Congress establishing the Department of Commerce and Labor, the National Bureau

of Standards was transferred to the new Department. The words "Commerce and Labor" should therefore be substituted for ' ' Treasur>'

'

' wherever occurxing in the original act. 8578°—12 1 I
2 Laws Concerning Weights and Measures

Sec. 8 Fees for tests, etc.

vSec. 9 Regulations

Sec. lo Visiting committee

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.

That for all comparisons, caUbrations, 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.^

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. 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 re- mainder of the period in which the vacancy exists.

For the purpose of securing 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, conformably to which the coinage thereof

shall be regulated.

R. S., 3549, as amend- It shall be the duty of the Director of the Mint to procure for

standard 'weight for each mint and assay office, to be kept safely thereat, a series of

mints and assay offices g^^^^^^^.^ wcights 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 poimds. The

troy weight ordinarily employed in the transactions of such mints

and assay offices shall be regulated according to the above stan- dards at least once in every year, under the inspection of the superintendent and assayer; and the accuracy of those used at the

U8?3) R. S.,3S48, as amended Mar. 4, 191

1

Standard weight of the mint

Troy pound

' Now Secretary of Commerce and I,abor.
United States 3

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.

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.

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 in progression.

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 weights and measures of the

metric system.

MEASURES OF LENGTH

Metric denominations and values Equivalents in denominations in use

Myriameter 10,000 meters. 6.2137 miles. Kilometer 0.62137 miles, or 3,280 feet and 10 inches. Hectometer 100 meters. 328 feet and i inch.

393.7 inches.

I meter. 39.37 inches.

3.937 inches.

0-3937 inch. MilUmeter TifeiT of a meter. 0.0394 inch.

Annual testing

(1866)

14 Stat., ch. 301, 339.

sec. I R. S., 3569 The metric system

authorized

(1866, 1872) R. S., 3880

17 Stat,, ch. 335, p.

301, sec. 135 Metric postal bal- ances for post offices

(1866)

14 Stats., 339, 340, ch.

301, sec. 2 R. S. 3570 Authorized tables of weights and measures

Equivalents established

Tables of units Length

MEASURES OP CAPACITY Capacity

Metric denominations and values

Names

Kiloliter or stere HectoUter

Dekaliter

Liter

Deciliter

Centiliter

Milliliter

Nimiber

of Uters.

1,000

100

Cubic measure

I cubic meter

of a cubic meter . .

.

lb cubic decimeters. .

I cubic decimeter ....

of a cub. decimeter

10 cubic centimeters.

.

I cubic centimeter . .

.

Equivalents in denominations in use

Dry measure

1.308 cub. yards

2 bushels and 3.3s 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.

1.0567 quarts.

0.845 gill. 0.338 fluid ounce.

0.27 £uid drpm.
4

Surface

Laws Concerning Weights and Measures

MEASURES OF SURFACE

Metric denominations and values Equivalents in denominations in use

Hectare lo.cxjo square meters. 2.471 acres.

119.6 square yards.

1,550 square inches.

Weights WEIGHTS.

Metric denominations and values.

Millier or tonneau

Quintal Myriagram

Kilogram or kilo . Hectogram Dekagram Gram

Decigram

Centigram

Milligram

Number of grams.

1,000,000

100,000 10,000

1,000

100

10

1 0^00

Weight of what quantity of water at maxi- mum density.

I cubic meter

I hectoliter

10 liters

I liter

I deciliter 10 cubic centimeters. . .

.

I cubic centimeter

oi a cubic centimeter

10 cubic millimeters . . .

.

I cubic millimeter

Equivalents in denominations in use.

Avoirdupois weight.

2204.6 pounds.

220.46 pounds.

22.046 pounds.

2.2046 potmds.

3.5274 ounces.

0.3527 ounce.

15.432 grains.

1.5432 grains.

0.1543 grain. 0.0154 grain.

cin^e^s/Fuiy 27°"i866 ^6 it rcsolvcd by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

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

standard weights

(J fumish to each State, to be deHvered to the Governor and measures 01 the t « . SIhedTBi?stS:es"'^"^^^^^*-*^' Standard weights and measures of the Metric

system for the use of the States respectively.

Res. No. 26, 21 Stat., Rcsolvcd, by the Senate and House of Representatives of the

^^standard weights United States in Congress assembled. That the Secretary of the

and measures -1 Treasury be, and he is hereby, directed to cause a complete set of

all the weights and measures adopted as standards to be delivered

ege°s' ^2''*="""'^' "'"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

instituKon^'"''*'^"'^'^"^*^^ Smithsoniau Institution: Provided That the cost

of each set shall not exceed two hundred dollars, and a sum suflSi- cient to carry out the provisions of this resolution is hereby appropriated out of any money in the Treasury not otherwise appropriated.

26 stat^^r] ch 66 Hereafter such necessary repairs and adjustments shall be made

sec. I o7'standard^° Standards furnished to the several States and Territories as

weights and measures aS may be requested by the Governors thereof, and also to stand-
United States 5 ard weights and measures that have been, or may hereafter be, ^^pairsto

suppHed to United States custom-houses and other offices of the

United States, under Act of Congress, when requested by the Secretary of the Treasury.1 The Secretary of the Treasury i * * * jg * * * authorized and directed to furnish precise copies of standard weights and sec^i

' measures bearing the seal of the office of construction of standard arf welgSI and mws- 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 application 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 miscellane- ous 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. Regulations for goy- Officers shall, for all official, medical, and pharmacal purposes, ^^t^^ and ^utrl^l make use of the metric system of weights and measures. In ex- "promuifated by the pressing quantities by weight the terms of "gram" and " centi- Nov. 21, igoj erram," and in expressing quantity by measure, the term "cubic- Metric system re- ^ ,, 11111 11 quired in United states centimeter, only shall be employed. medical and phaimacai work

Units of weight and

measure

Sec. 723 In recording thermometnc observations, officers shall make centigrade thermo- a .

' metric scale required use of and refer to the centigrade scale. Upon the publication of the new supply table and receipt of secretary o'fw'ar^'^ the new forms, all requisitions, invoices, receipts, and returns qu^g^^'j^ j^g^^l^^^o^k

pertaining to medical supplies will be in accordance with the war Department metric system of weights and measures.

After the 30th day of June, 1894, the use of this system in ^^.^^^^^ed in aii pre- writing official prescriptions is desired ; on and after the i st day of

January, 1895, such use is hereby ordered.

Metric measures, weights, and prescription blanks will soon be

issued to all posts without requisition.

• Now Secretary of Commerce and Labor.
6 Laws Concerning Weights and Measures

Until medical supplies now in stock in troy and avoirdupois

weights are exhausted, the following approximate values may be

considered as equivalent in transferring original packages

:

I ounce = 30 grammes.

I pound = }4. kilogram.

I fluid oimce = 30 cubic centimeters.

I pint = 500 cubic centimeters.

I quart = i liter.

I yard = i meter.

Weights and Meas- * * * The Office of Weights and Measures, with the

"Tpproved'^by'secre- approval of the Secretary of the TreasiuyS will in the future,

Apr. tUZi regard the International Prototype Metre and Kilogramme as

derived faom"" meter ^^^^^^^^^^^^ Standards, and the customary imits, the yard and

and kuogram. the pouud, will be derived therefrom in accordance with the Act

of July 28, 1866.

1 Now Secretary of Commerce and Labor.
United States 7 For the ptirpose of securing uniformity the following is estab- stat.!*ch? 221, 746. lished as the only standard gauge for sheet and plate iron and=^,^^j.^

^^^^^ steel in the United States of America, namely: sheet and piate iron

Number

of gauge

Approxi- mate

thickness

in frac- tions of an inch

Approximate

thickness in decimal parts

of an inch.

Approximate

thickness in millimeters.

Weight

per

foot in ounces

dupois.

Weight

per square

foot in pounds

avoirdupois.

W^eight per square

foot in

kilo- grams.

Weight

per square

in kilo- grams.

Weight

per meter in pounds

dupois.

0000000 1-2 0-5 12.

7

320 20. 00 9. 072 97.65 215. 28 000000 15-32 • 4687s II. 90625 300 18. 75 8. SOS 91^55 201. 82 00000 7-16 •4375 II. 1125 280 17- SO 7- 983 85-44 188.37 0000 13-32 .40625 10.31875 260 16. 25 7^371 79-33 174.91 000 3-8 •375 9^525 240 15 6.804 73- 24 161. 46 00 11-32 •34375 8. 73125 220 13- 73 6- 237 67- 13 148. 00

5-16 •3125 7-9375 200 12. 50 5- 67 61.03 134- 55

I 9-32 • 2812s 7- 14375 180 II. 25 5- 103 54-93 121. 09

a 17-64 . 265625 6. 746875 170 10. 62s 4. 819 51.88 "4-37

3 1-4 •25 6-35 160 10 4- 536 48. 82 107. 64 4 iS-64 • 234373 3-953125 ISO 9-375 4- 252 45- 77 100. 91 S 7-32 •21875 5- 55625 140 8- 75 3-969 42. 72 94. 18 6 13-64 . 203125 5- 159375 130 8. 125 3-685 39- 67 87- 45

7 3-16 •187s 4- 7625 120 7-5 3.402 36. 62 80. 72 8 11-64 17187s 4-365625 no 6.87s 3- 118 33- 57 74.00 9 5-32 • 15625 3- 9687s 100 6. 25 2-835 30-52 67. 27 10 9-64 . 140625 3-371875 90 5-625 2. 552 27- 46 60. 55

II 1-8 • I2S 3- 175 80 5

2. 268 24.41 53-82

13 7-64 • 1093 75 2- 778125 70 4-375 1.984 21.36 47.09

13 3-32 •093 75 2.38125 60 3-75 I. 701 18.31 40-36

14 5-64 .078125 1-984375 so 3- 125 1-417 15. 26 33-64

15 9-128 .0703125 1- 785937s 45 2. 8125 I. 276 13- 73 30.27

16 1-16 . 0625 I. 5875 40 2- 5 I- 134 12. 21 26. 91

17 9-160 . 05625 1.42875 36 2- 25 I. 021 10. 99 24. 22 18 1-20 •05 I. 27 32 2 •9072 9- 765 21- 53

19 7-160 04375 I. III2S 28 I- 75 -7938 8. 544 18.84

20 3-80 •0375 •9525 24 1-50 .6804 7-324 16. 15

21 11-320 •034375 -873125 22 I-37S •6237 6. 713 14. 80

22 1-32 • 03125 - 793750 20 I- 25 •567 6. 103 13.46

23 9-320 . 028125 - 71437s 18 I. 125 • 5103 5^493 12. II 24 1-40 . 025 -63s 16 I •4536 4.882 10. 76

25 7-320 . 02187s • 555625 14 .875 •3969 4- 272 9. 42 26 3-160 .01875 .47625 12 - 75 .3402 3- 662 8. 07

27 11—640 . 0171875 . 4365625 II -6875 - 3II9 3- 357 7- 40

2S 1-64 •015625 .396875 10 . 62s -283s 3.052 6- 73 29 9—640 . 0140625 •3571875 9 •5625 .2551 2. 746 6. OS 30 1-80 . 0125 •3175 8 •5 . 2268 2.441 5-38

31 7-640 .0109375 . 277812s 7 •4375 . 1984 2. 136 4. 71 32 13-1280 . 01015625 • 25796875 6'A . 40625 .1843 1.983 4-37

33 3-320 •009375 •238125 6 •375 . 1 701 I- 831 4.04

34 11-1280 .00859375 .2182S125 ' 5^ •34375 • 1559 1.678 3- 70 35 S-640 . 0078125 • 1984375 5 •3125 - 1417 I. 526 3-36

36 9-1280 . 00703125 • 17859375 4M . 28125 . 1276 1-373 3-03

37 17-2560 . 006640625 . 16867187s 4K . 265625 . 1205 I. 297 2. 87 38 1-160 . 00625 - 15875 4 •25 • 1134 I. 221 2. 69

Sheet-metal gauge

' 0.21828.125 vd. R. S., 3S70.
8 Laws Concerning Weights and Measures

And. on and after July first, eighteen hiindred and ninety three,

toTi^^duttes"*^*"*^'^^^^ same and no other shall be used in determining duties and

taxes levied by the U. S. of America on sheet and plate iron and

steel. But this act shall not be construed to increase duties

ll^paration of gauge upou any articles which may be imported,

standards 'j^j^g Secretary of the Treasury^ is authorized and required to

prepare suitable standards in accordance herewith,

vamtions allowed in practical usc and apphcatiou of the standard gauge^^^ariajonsa owe

j^gj-gj^y established a variation of two and one-half per cent either

28 statf dil 131, p. way may be allowed.

'°LeS' units of elec- * * from and after the passage of this Act the legal units

lishid ^^^^""^^ of electrical measure in the United States shall be as follows

:

Unit of resistance, First. The imit of resistance shall be what is known as the international ohm, which is substantially equal to one thousand milUon

units of resistance of the centimeter-gram-second 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 himdred and

twenty-one ten thousandths grams in mass, of a constant cross- sectional area, and of the length of one hundred and six and threetenths centimeters.

Unit of current, am- Sccond. 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 electrormagnetic imits, 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 Third. The Unit of clcctro-motive force shall be what is known

orce, vo ^-j^^ international volt, which is the electro-motive force that,

steadily applied to a conductor whose resistance 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 electro-motive 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.

lomb" 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 condenser charged to a

potential of one international volt by one international coulomb

of electricity.

' Now Secretary of Coimnerce and Labor. * ^JfJ.
United States 9

Sixth. The unit of work shall be the Joule, which is equal to ten unit of work, jouie million units of work in the centimeter-gram-second system, and

which is practically equivalent to the energy expended in one

second by an international ampere in an international ohm.

Seventh. The unit of power shall be the Watt, which is equal to umt of power, watt ten million units of power in the centimeter-gram-second system,

and which is practically equivalent to the work done at the rate of one Joule per second.

Eighth. The unit of induction shall be the hemy, which is the^^unit ot induction, induction in a circuit when the electro-motive force induced in this

circuit is one international volt while the inducing current varies

at the rate of one Ampere per second.

That it shall be the duty of the National Academy of Sciences sec. 2 to prescribe and publish, as soon as possible after the passage of

this Act, such specifications of details as shall be necessary for the tidf us'e of 'u^ts"' practical application of the definitions of the ampere and volt

herein before given, and such specifications shall be the standard

specifications herein mentioned.^

Preparation, printing, publication, and distribution by the stat"^ch. 166, p. Department of State of the diplomatic, consular, and other com- '^^g^^jg weights mercial reports, * * * That all terms of measure, weight, measures, and money

1 1111 11, 1 t • , r in commercial reports and money shall be reduced to and expressed m terms of measure,

weight, and coin of the United States, as well as in the foreign

terms; * * * . Proof-spirit shall be held to be that alcoholic liquor which con- us68. 1872) tains one-half its volume of alcohol of a specific gravity of seven stkniia^rd' of proof thousand nine hundred and thirty-nine ten-thousandths (.7939)

^""^"^ at sixty degrees Fahrenheit. And for the prevention and detection of frauds by distillers of spirits, the Commissioner of Internal Prevention of fraud* Revenue may prescribe for use such hydrometers, saccharometers,

weighing and gauging instruments, or other means for ascertaining the quantity, gravity, and producing capacity of any mash,

wort, or beer used, or to be used, in the production of distilled

spirits, and the strength and quantity of spirits subject to tax, as he may deem necessary; and he may prescribe rules and regulations to secure a uniform and correct system of inspection,

weighing, marking, and gauging of spirits.

In all sales of spirits a gallon shall be held to be a gallon of ^ ^ <^f68-) proof-spirit, according to the standard prescribed in the preceding ^stk^a^-d gallon to be section, set forth and declared for the inspection and gauging of

spirits throughout the United States. That the word "gallon" wherever used in the internal-revenue U870) law relating to beer, lager-beer, ale, porter, and other similar fer- 351, sec. 20 mented liquors, shall be held and taken to mean a wine-gallon, the usIIS^taternirrevenue

' See Bulletin No. 2, Bureau of Standards, for detailed specifications herein provided for.
lO Laws Concerning Weights and Measures

liquid measure containing two hundred and thirty-one cubic

inches.

stlt^ydi.6?*p. I'fllc. I Flaxseed, linseed, and poppy-seed oil, raw, boiled, or oxidized,

Weight per gaiiontor^^^^^^ ccuts per gallon of scvcn and one-half pounds weight.

"f^st^P ch i86 Every distiller shall make a return of the number of barrels of

ISO, sec. 59 spirits distilled by him, counting forty gallons of proof-spirits to

R. the barrel, whenever such return is demanded by the collector of

p^om' "the district.

US66, 1867^^1872. 1873, 5f: * * by whatever name such liquors may be called, a tax of

standard' barrel of dollar for cvcry barrel containing not more than thirty-one galfermented liquors lons ; and at a like rate for any other quantity or for any fractional

part of a barrel. In estimating and computing such tax, the fractional parts of a barrel shall be halves, thirds, quarters, sixths, and

eighths; and any fractional part of a barrel containing less than

one-eighth shall be accounted one-eighth; more than one-eighth

and not more than one-sixth, shall be accounted one-sixth; more

than one-sixth, and not more than one fourth, shall be accounted

one-fourth; more than one-fourth and not more than one-third

shall be accounted one-third; more than one-third and not more

than one-half, shall be accounted one-half; more than one-half,

and not more than one barrel, shall be accotmted one barrel ; more

than one barrel, and not more than sixty-three gallons, shall be

accounted two barrels, or a hogshead. * * *

R.S., 2919"^ For the purpose of estimating the duties on importations of

bJsheHor ceTtota prod- grain the number of bushels shall be ascertained by weight, instead

"^'^ of by measuring; and sixty poimds of wheat, fifty-six pounds of corn, fifty-six pounds of rye, forty-eight pounds of barley, thirtytwo pounds of oats, sixty pounds of pease, and forty-two pounds

of buckwheat ^ avoirdupois weight, shall respectively be estimated

as a bushel.

stlt^"di. {.''p. iriecfi Barley, thirty cents per bushel of forty-eight pounds.

Weight" of standard Barlcy-malt, forty-fivc cents per bushel of thirty-four pounds,

bushel of certain com- Buckwhcat, fifteen ccuts per bushel of forty-eight pounds;

modifies for levying du- <j i

tiespanYsi Corn or maize, fifteen cents per bushel of fifty-six pounds,

pan^r^" Beans, forty-five cents per bushel of sixty pounds,

par"^^^^' Onions, forty cents per bushel of fifty-seven pounds; * * *.

Cora or maize Peasc, grccu, in bulk or in barrels, sacks, or similar packages,

Beaiis* twcuty-fivc ccuts per bushel of sixty poimds; seed pease, forty

oSoM cents per bushel of sixty pounds; pease, dried, not specially prophase*' vided for in this section, twenty-five cents per bushel; split pease.

Potatoes forty-five cents per bushel of sixty pounds ; * * *.

Il^jj^^^ Potatoes, twenty-five cents per bushel of sixty pounds.

^ Given as 48 pounds per bushel in fourth line below which is the legal weight at the present time.
United States II

Seeds: Castor beans or seeds, twenty-five cents per bushel of

fifty pounds; flaxseed or linseed and other oil seeds not specially

provided for in this section, twenty-five cents per bushel of fiftysix pounds; * * *. Vinegar, seven and one-half cents per proof gallon. The stand- ^^g^' p^^^j gg,,^^ ard proof for vinegar shall be taken to be that strength which

requires thirty-five grains of bicarbonate of potash to neutralize one ounce troy of vinegar.

Buttons or parts of buttons and button molds or blanks, fin- "Lin^V, measure tor ished or unfinished, shall pay duty at the following rates, the Une*'""""^ button measure being one-fortieth of one inch, * * *_ Coal, bituminous, and shale, forty-five cents per ton of twenty- coai.lhaie.andcuim, eight bushels, eighty pounds to the bushel ; coal slack or culm, ^^^sht per b'ushei and such as will pass through a half-inch screen, fifteen cents per ton

of twenty-eight bushels, eighty pounds to the bushel: * * *_

That all articles of foreign manufacture or production, whichstlt^fh. e^p.

85°*' are capable of being marked, stamped, branded, or labeled, with- country of origin to out injury, shall be marked, stamped, branded, or labeled in legi- ''e TMariied on articles ble English words, in a conspicuous place that shall not be covered

or obscured by any subsequent attachments or arrangements, so as to indicate the country of origin. Said marking, stamping,

branding, or labeling shall be as nearly indelible and permanent

as the nature of the article will permit.

All packages containing imported articles shall be marked, njaj^e"dwimcoSntry*'o1 stamped, branded, or labeled so as to indicate legibly and plainly, origin, and contents in English words, the country of origin and the quantity of their

contents, and until marked in accordance with the directions prescribed in this section no articles or packages shall be delivered

to the importer.

Should any article or package of imported merchandise be ^g^j"^"^*^®

marked, stamped, branded, or labeled so as not accurately to indicate the quantity, number or measurement actually contained

in such article or package, no delivery of the same shall be made

to the importer until the mark, stamp, brand, or label, as the case may be, shall be changed so as to conform to the facts of the case. The Secretary of the Treasury shall prescribe the necessary

Regulations rules and regulations to carry out the foregoing provision.

If any person shall fraudulently violate any of the provisions Punishment for false of this Act relating to the marking, stamping, branding or labeling of any imported articles or packages; or shall fraudulently

deface, destroy, remove, alter, or obliterate any such marks,

stamps, brands, or labels with intent to conceal the information

given by or contained in such marks, stamps, brands, or labels,

he shall upon conviction be fined in any sum not exceeding five

thousand dollars, or be imprisoned for any time not exceeding one year, or both.
12 Laws Concerning Weights and Measures

Wherever the word "ton" is used in this chapter, in reference

Ton defined Weight, it shall be construed as meaning twenty-himdred-

^Hundredweigiit de-^g^gj^^^ each hundred-weight being one himdred and twelve

pounds avoirdupois.

R-s-.^rfri amend- shall uot be lawful for any officer or person in the civil, miUMarH^'i898

^^^'' ^"^^ar}". Or naval sen,-ice of the United States in the District of Colum-

' weigiiingandmeas-bia to pUTchasc anthracite or bituminous coal or wood for the

uring of coal and wood . . ^.i- ^t. l 11 r

required public service cxcept on condition that the same shall, before

dehvery, 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 sen,'ice 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 section shall ascertain that each ton of coal weighed by him

shall consist of two thousand two htmdred and forty pounds, and

that each cord of wood to be so measured shall be of the standard

standard ton of coal measurc of ouc himdrcd and twenty-eight cubic feet. Each load

Standard cords of ij- 1 wood or parcel or wood or coal weighed and measured 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

^-^^^ money of account of the United States shall be expressed in

Deciiiii ^system es- doUars or units, dimes or tenths, cen'^^s or hundredths, and mills

age

^ °^ or thousandths, a dime being the tenth part of a doUar, a cent the

hundredth part of a dollar, a mill the thousandth part of a dollar;

and all accounts in the pubhc offices and all proceedings in the

courts shall be kept and had in conformity to this regulation.

R s ^-f^^^ '^^^ standard for both gold and silver coins of the United

standarii fineness for States shall bc such that of ouc thousaud parts b\' weight nine

gold and suver coins j^^^g^ shall be of puTC metal and one hundred of alloy. The

ahoy of the silver coins shall be of copper. The alloy of the gold

coins shall be of copper, or of copper and silver; but the silver shall

in no case exceed one-tenth of the whole alloy.

R. s., 35" The gold coins of the United States shall be a one-dollar piece,

gofdTotaf "^"^^^ °'^^liich, at the standard weight of twenty-five and eight-tenths

grains, shall be the imit of value; a quarter-eagle, 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 double-eagle, or twentydollar piece. And the standard weight of the gold dollar shall be

twenty-five and eight-tenths grains; of the quarter-eagle, or two

and a half dollar piece, sixty-four and a half grains; of the threedollar piece, seventy-seven and four-tenths grains; of the halfeagle or five dollar piece, one hundred and twenty-nine grains;

' The coinage of a doUar gold piece was discontinued pursuant to the act of Sept. 26, 1890; other gold

coins contain 23.8 grains per dollar.
United States 13

of the eagle, or ten dollar piece, two hundred and fifty-eight

grains; of the double-eagle, or twenty-dollar piece, five hundred

and sixteen grains.

That the dollar consisting of twenty-five and eight-tenths 31 Stat., ch. 41, 45, grains of gold nine-tenths fine, as established by section thirty-five ^^standard of value hundred and eleven of the Revised Statutes of the United States,

shall be the standard unit of value, and all forms of money issued or coined by the United States shall be maintained at a parity of

value with this standard, and it shall be the duty of the Secretary

of the Treasury to maintain such parity. * * * There shall be coined at the several mints of the

^tst^^lh. United States, silver dollars of the weight of four hundred and sec. i '' twelve and a half grains Troy of Standard silver, as provided in silver dollar the act of January eighteenth, eighteen-himdred and thirty- seven, * * * _ The silver coins of the United States shall be a trade-dollar,* U873.1875.1S76)

' R. S., 3513 a half-dollar, or fifty-cent piece, a quarter-dollar, or twenty-five- standard weights of '. -' ^ ^ , subsidiary silver coins cent piece, a dime, or ten-cent piece; and the weight of the tradedollar * 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 half-dollar. * * * The weight of the piece of five cents shall be seventy- ^ ^

U873) seven and sixteen-hundredths grains troy; of the three-cent standard weight of piece,^ thirty grains; and of the one-cent piece, forty-eight grains.

""^^ "^"""^ In adjusting the weights of the gold coins, the following devia- r. s., 3535 tions shall not be exceeded in any single piece: In the double- sti^^aVd^' weight *TMaN eagle and eagle, one-half of a grain; in the half-eagle, the three- '"^^j,^^ ^^1^^^ 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-himdredth 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.

In adjusting the weight of the silver coins the following devia- {1873. 1877) tions shall not be exceeded in any single piece: In the dollar, theed^fr!4ff9'i^/^^°'^'

half and quarter dollar,' and in the dime, one and one-half grains. '^""^ In adjusting the weight of the minor coins provided by this U873) Title, there shall be no greater deviation allowed than three Minor^WlnS, varla- grains for the five-cent piece and two grains for the three and one-

""^ ^ ^^^^^^ cent pieces.

' 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 resolution of July 22, 1876.

2 Coinage discontinued by act of Sept. 26, 1890, ch. 94?.
14 Laws Concerning Weights and Measures

Toifrkfed^ loss ot gold coins of the United States, if reduced in weight hj

wMght by abrasion natural abrasiou 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 Secretary of the Treasury

may prescribe for the protection of the Government against

fraudulent abrasion or other practices.

Penait^^^for altering * * * if any of the wcights uscd at any of the mints or assayweights at mints or officcs of the United States shall be defaced, increased, or diminassay offices ishcd thxough 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 any or either of the said offenses shall be imprisoned

at hard labor for a term not less than one year nor more than ten

years, and shall be fined in a sum not more than ten thousand

dollars.

R.s.//6?7'^ * - * * it shall be the duty of the surveyor * * * First,

p^6aI Appe^ixTM) superintend and direct all inspectors, weighers, measurers, and

semiyeariy compari- gangers withiu his port. * * * ^o examiuc, and from time son of weights and °P , . - f ^ »«-. i-ri

tonuioJIls"^^'*

'° cus-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 impojts, 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.

T3..s.,%*o^ In all cases in which the invoice or entry does not contain the

wiight"?r'°quantity of weight, or quantity, or measure of merchandise, now weighed, or

imports measurcd, or gauged, the same shall be weighed, gauged, or measUS64) ured at the expense of the owner, agent, or consignee.

R. s., 2837^. All invoices shall be made out in the weights or measures of

measures to be used in the country or place from which the importation is made, and shall

customs mvoices contain a true statement of the actual weights or measures of such

vo^e'^""*'

""^"^ *° "^"^^rchandise, without any respect to the weights or measures of

the United States.

K. s.,ig%°'' The Secretary of the Treasury shall, by regulation, prescribe,

caskrof^sugar'^^^' °° 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 distinctly by the custom-house weigher,

by scoring the figures indelibly on each package.
United States 15

Every master shall keep on board proper weights and measures R^s..ifji'' for the purpose of determining the quantities of the several pro- ^^^^j^8^^\^f<\,y'^^^:

visions and articles sen,'ed out, and shall allow the same to be cuant shipmasters used at the time of ser\-ing 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. Every person who knowingly uses any false weights or meas- r

ures in ascertaining, weighing, or measuring the quantities of grain,

(o^m'^lsJfel" in asleJ- meal, or vegetable materials, molasses, beer, or other substances gaming materials; pen- to be used for distillation, shall be fined not less than five hundred

dollars nor more than five thousand dollars, and imprisoned not

less than one year nor more than three 5^ears. Any person who using unregistered uses any molasses, beer, or other substance, whether fermented onTM^*^"*^'

p^'^^"^ the premises or elsewhere, for the purpose of producing spirits,

before an accotmt of the same is registered in the proper book provided for that purpose, shall forfeit and pay the sum of one thousand dollars for each offense so committed.

The pubUc lands shall be divided by north and south lines run A'.'itllf- "''^ according to the true meridian, and by others crossing them atu.^^^l^^^-^^^'^'P'^^- right angles, so as to form townships of six miles square,^ imless g^^^ township es- where the line of an Indian reservation, or of tracts of land hereto- tabiished fore surv^eyed 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, con- size of legai section taining, as nearly as may be, six htmdred and forty acres each, by° ^

running through the same, each way, parallel lines at the end of

every two miles ; and by making a comer on each of such lines, at the end of every mile. * * * * * * Alf lines shall be plainly marked upon trees, and j^^uaonzed^ unus^ for meastued with chains, containing two perches of sixteen and onehalf feet each, subdivided into twenty-five equal links; and the

chaui shall be adjusted to a standard to be kept for that purpose.

* * * Each section or subdivision of section, the contents ^ ^ whereof have been returned by the suiA^eyor-general, shall be held contents of putiiic and considered as containing the exact quantity expressed in such

return; and the half-sections and quarter-sections, the contents

whereof shall not have been thus returned, shall he held and considered as containing the one-half or the one-fourth part, respectively, of the returned contents of the section of which they make

part.

The registry of every vessel shall express her length and breath, ^ g ^^^ff' together with her depth and the height under the third or spar j^^^^ ^^^'^ "p^^^^""''^

' The instructions of the siu-veyor general allow for the convergency of meridians.
i6 Laws Concerning Weights and Measures

deck, which shall be ascertained in the following manner: The

tonnage-deck, in vessels having three or more decks to the hull,

shall be the second deck from below; in all other cases the upper

deck of the hull is to be the tonnage-deck. The length from the

fore part of the outer planking on the side of the stem to the after

part of the main stem-post of screw-steamers, and to the after

part of the rudder-post of all other vessels measured on the top of

the tonnage-deck, shall be accoimted the vessel's length. The

breadth of the broadest part of the outside of the vessel shall be

accounted the vessel's breadth of beam. A measure from the

xmderside of the tonnage-deck plank, amidships, to the ceiling of

the hold (average thickness,) shall be accounted the depth of hold.

If the vessel has a third deck, then the height from the top of the

tonnage-deck plank to the under side of the upper-deck plank

shall be accoimted as the height imder the spar-deck. All meas- urement to be taken in feet and fractions of feet ; and all fractions

of feet shall be expressed in decimals.

R s i^-i^^ 'psixt of any vessel shall be required by the preceding section

parts' to be excluded to bc measuTcd or registered for tonnage that is used for cabins or staterooms, and constructed entirely above the first deck, which is not a deck to the hull. * * *

{1864. 1882, 1SS6, 1S95. The register tonnage of every vessel built within the United

R. s., 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 ; * * *

Net or register ton- And the propcr dcductiou from the gross tonnage having been

* ^ made, the remainder shall be deemed the net or register tonnage

of such vessels. ^ g

1^^^^'^ The Secretary of the Treasury may, under the direction of the

staniiid hydrometer President, adopt sucli hydrometer as he may deem best calculated

to promote the public interest for the ptupose of ascertaining the

proof of liquors; and, after such adoption, the duties imposed by

law upon distilled spirits shall be collected according to proof

ascertained by any hydrometer so adopted.
LAWS CONCERNING THE WEIGHTS AND MEASURES OF THE UNITED

STATES

ALABAMA

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.

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.

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.

Any county which has not been furnished with weights and

measures, consisting of one weight of fifty pounds, one of twentyfive 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, must

be supplied therewith, by the secretary of state, as early as

practicable.

If the weights and measures of any county are destroyed, without the fault of any official who by law had charge of the same,

the secretary of state shall, upon the requisition of the probate

judge, furnish weights and measures to such county.

New counties must be furnished with weights and measures. For the expense of obtaining such weights and measures, and

furnishing the same to counties, the auditor must, on the account

being certified by the secretary of state, draw his warrant on the

state treasury.

The judge of probate of each county, when furnished with such

weights and measures, must, within three weeks thereafter, give

8578°—12 2 17

Const., 1901 Crim. Code, 1907, p.

72Sec. 77 No State inspection

officer

Pol. Code, 1907, p. 1001 (rf07) Sec. 2429 Standard

Sec. 2430"

Contracts

Sec. 2431°

Standards furnished

counties

Mass

Lengths

Volume

(rf77) Sec. 2432 In case oi destruction

New counties

Sec. 2434°

Expense

Sec. 2435'
i8 Laws Concerning Weights and Measures

Notice of receipt notice thereof by advertisement at the cotirt-house door, and at

five other pubhc places in the county.

Sec. 2436° Such judges must try all weights and meastues presented to

Seal oi weights and them, by such Standards, and if found to agree with same,

measures must Seal them with a seal to be provided at the expense of the

county.

Sec- 2437° Three months after the notice prescribed in this chapter has

Penalty been given, every person selling any commodity, by weight or measure, which does not correspond with such standard, forfeits

the sum of ten dollars to any person suing for the same.

Sec- 2438° The set of balances intended for the adjustment of weights and

Custody of measures furnished to this state by act of Congress, must be kept

by the secretary of state.

Sec. 2439° The legal weights per bushel of the following commodities shall

^ , ,be as follows: Cottonseed, thirty-two pounds; wheat, sixty

Weight of bushel of u 11 J A • certain commodities pouuds; shellcd com, tifty-six pouuds; com m ^.'L the ear, seventyJ

pounds; corn in the shuck, seventy-five pounds; peas, sixty

pounds; rye, fifty-six pounds; oats, thirty-two pounds; barley,

forty-seven pounds; Irish potatoes, sixty pounds; sweet potatoes,

fifty-five pounds; beans, sixty pounds; dried peaches, unpeeled,

thirty-three pounds; dried peaches, peeled, thirty-eight pounds;

dried apples, twenty-four pounds; turnips, fifty-five pounds;

bolted meal, forty-six pounds; unbolted meal, forty-eight pounds.

Pol. Code, 1907, Vol. The Council [of municipal corporations] shall have the right to

' ^''^ (1907) • provide public scales and an inspection of weights and measures,

Scaies/etc. and to provide punishment for persons, firms, and corporations

using fraudulent weights and measures ; * * *.

3o?'^967°^^' person shall knowingly buy or sell by false weights or

sec..7875 measures, he shall be deemed a common cheat, and shall be pun- Buymg or sellmg by '

. ' false weight or measure ished as lor a misdcmcanor.

Gen. Acts. 1907. p. 745 All persous, companies, manufacturers, dealers or agents before

^^Packages branded as 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 [in pounds], the name and address of the manufacturer, * * *.

crim. code,^i^o7^^h. Any miller, firm, person or corporation shall be guilty of a misby act 166, 1909, p. 302 demeanor who manufactures, grinds, or repacks corn meal, or

Regulations for man- chops, or who conducts a merchant mill, to pack or cause to be

ufacturersofcommeaip^^j^g^^ to bc offcrcd for Sale to mcrchauts or the general public, or to carry in stock with intent to sell corn meal, bolted or unbolted, or chops, packed in any other than six pounds, twelve

pounds, twenty-four pounds, forty-eight pounds, and ninety-six

pound sacks, or ninety-six pound barrels, and one hundred and

ninety-six pound barrels, wood; or who shall fail to have plainly

painted or stenciled upon them " bolted meal " or "unbolted meal,"
Alabama 19

Sec. 6621 Sale of com ine?.I

Sec. 6622 Penalty

or "chops," 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 bushel," and the barrel and half barrel, or who shall fail to

show the net weight in pounds

Any merchant, dealer, vendor, hawker, or other character of

seller, who sells, offers for sale, or keeps in stock with intent to

sell, any com meal or chops, bolted, or unbolted, in any other than

six poimds, twelve poimds, twenty-fom- pounds, forty-eight pounds,

and ninety-six pound sacks, or ninety-six pound half barrels, and

one himdred and ninety-six pound barrels, wood, shall be guilty

of a misdemeanor; provided any retail merchant may, on order,

weigh from bulk meal or chops any niunber of pounds desired by

an individual consmner. Any person, firm or corporation, convicted under either one 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. That any manufacturer, merchant, dealer, vendor or other per- son who sells, offers for sale or keeps in stock with intent to sell, any com, oats, rye, wheat, barley or mill products such as mid- Ttes', ^dem^M

dlings, bran, chops, com hearts and all other ground feed products

in sacks or bags, and cotton seed meal and cotton seed hulls, ex- cept in quantities hereinafter respectively prescribed, shall be

guilty of a misdemeanor.

Oats shall be sold in sacks containing fotu and one-half bushels

and five bushels, weighing, respectively one himdred and forty ''"^""^^ pounds and one hundred and sixty pounds; rye and com in two,

two and one-half, and three bushel sacks, weighing respectively one hundred and twelve, one hundred and forty and one hundred

and sixty-eight poimds; wheat in two, two and one-half and three

bushel sacks, weighing respectively one hundred and twenty, one hundred and fifty and one hundred and eighty pounds; barley in

two, two and one-half and three bushel sacks, weighing respectively

ninety-six, one hundred and twenty and one htmdred and fortyfour pounds; mill products such as middlings, bran, chops, com

hearts and all other ground feed products, in sacks or bags weighing one hundred and one hundred and seventy-five pounds each,

except cotton seed hulls which shall be in eighty pounds and one hundred pounds sacks or bags; grits shall be sold only in barrels

of one hundred ninety-six pounds or sacks weighing ninety-six

Act 224, 1909, p. 268 Sec. I Feed stuffs sold except in certain quanitSec. 2 Feed stuiis, how sold.
20 Laws Concerning Weights and Measures

pounds, except grits packed in paper cartons of not more than five

pounds.

Illy leiMn 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.

Doles'* not apply to provisious of this act shall not apply to sales of grain

chaler cereals by the producer or grower of such grains or cereals or

resale of same by the purchaser or to mill products shipped by

manufacturers to dealers for mixing purposes.

Packages must be shall be uulawful to Sell any of the said grains in such sacks,

fng"l!ui^M'^of pounds ^^^s or packages, unless in large figures thereon is plainly marked

or bushels or steucilcd the number of bushels or pounds and in the case of the

mill products, it shall be unlawful to falsely brand any of said

sacks, bags or packages as to the true weight of the same.

Penalty pcrsou, firm or corporation violatmg any of the provisions

of this act shall be fined not 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.

^^Gen. Laws, 1911, act ^hc term " Commercial Feeding Stuffs " shall be held to include

Feeding stufis de feeding stuffs uscd for feeding live stock and poultry, except

fined ' whole sccds or grains; the unmixed meals made directly from

entire grains of com, wheat, rye, barley, oats, buckwheat, flax

seed, kaffir, and milo; whole hays, straws, cotton seed meal and

hulls and com stover when tmmixed with other material. Together

with all other materials containing sixty (60%) per cent or more

of water.

lle(Ung stufis to be Evcry lot or parccl of conunercial feeding stuff sold, offered or

net weight, etc. ' cxposcd for salc or distribution 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, provided that all commercial feeding stuffs shall be sold in packages, lots or parcels of

fifty pounds net weight, one hundred pounds net weight, or two

hundred pounds net weight; (6) 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; * * *.

Act 190, 1909, P- 237 * * * That for the purpose of this act an article shall also

"Misbranded" de- be deemed misbranded. * * * In case of foods:

3rd. If in package form and the contents are stated in terms of

weight or measure, they are not plainly or correctly stated on the

outside of the package.

Act IS2. 1909. p. 292 That a standard of measure for oysters is hereby established

standard measure for which Said measurc shall cousist of a tub or other round vessel

"^^'^^ of the following dimensions to-wit: It shall measure seventeen
Alabama 21

inches, in diameter inside at the bottom and twenty-one and onehalf 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 an inverted frustrum of a cone. 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 meastue 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 capacity 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 a deputy commissioner, with

a metal tag or stamp, showing quantity of oysters such measure will

hold. It shall be the duty of the deputy oyster commissioners to make such measurements and to visit for tlaat purpose each place

where oysters are bought and sold as required dming the canning

season and there shall be kept in the "Oyster Measure Record"

herein provided for, the dimensions of all vessels so measured.

The chief deputy commissioner 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 each business day

from the hour of eight o'clock in the morning to the hour of six

o'clock in the evening, during which time the office of the Commission must be kept open for the transaction of business. 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 deputy commissioner shall be guilty of a misdemeanor and shall, on conviction, be filed [fined] the sum of

fifty dollars, one-half of which shall be paid to the person or persons informing on the said chief deputy commissioner, and

the other one-half shall be paid into the oyster protection fund.

The owner or operator of each coal mine at which the miners are , ^^i^97^ 4, ,

• 11 .w,,. - . -11 f. Code, 1907, Vol. paid by weight shall provide such mines with smtable scales, of ^-^^^,"^^8 standard make, for the weighing of all coal, when contracted for Mine owner to pro- to1

• -u J vide scales be weighed.

All coal mined in this state contracted for payment by the ton |oai'S\e weighed- or other weight, shall be weighed, and the full weight thereof 2.000 pounds to ton shall be credited to the miner of such coal and two thousand

pounds of coal shall constitute a ton. In all mines the miners employed and working therein may check'weigiunaii

furnish a check weighman, who shall at proper times have full access and examination of such scales and seeing all measures and
22 Laws Concerning Weights and Measures

weights, and accounts kept of the same; provided, that not more

than one person shall have such right of access, examination, and

inspection of scales, measures, and accounts at the same time.

^eiiMpectortopro- 'The chicf mine inspector shall procure from the State, at the

^s,etc? State's expense, a full and complete set of standards, balances, and

other means of adjustment such as are necessary in the comparison and adjustment of scales, beams, and other necessary- apparatus to be used for a just weighing of coal and other materials

at the mines according to the state standard of weights; and it shall be the duty of said inspector to examine, test, and adjust, as often as occasion demands, all scales and other apparatus used in

weighing at mines.

TOio°'^nay inspect '^^^ mine inspcctor, miners employed in the mines, and the

scales and records owucr of the land or pcrsous interested in the rental and royalty of

such mines, shall at all proper times have full right of access to

scales used at said mines, including bank book in w-hich the

weight of coal is kept, to examine the amotmt of coal mined, for

the purpose of testing the acciu"acy thereof.

49^'5^;^''^' ^"'^ The chief mine inspector shall procin-e for the State at the

i^dards etc to be ^^^^'^ cxpcuse a fuU and Complete set of standards and other

procured ' ' equipment, such as, in his opinion, are necessary in the testing of

scales, beams, and other necessary 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.
t

ALASKA

That if any person shall knowingly use any false weight or ^^^^""'^ measure, and shall thereby defraud or otherwise injure another, sec^e?

^^^^^ ^^.^^^ or shall knowingly mark or stamp a false weight or measure or etc. 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.

23

ARIZONA

Rev. Stat., 1901 A false weight or measure is one which does not conform to the xm, ch. lo standard established by the laws of the United States of America. False weights Every person who uses any weight or measure, knowing it to be p^^^^

false, by which use another is defrauded or otherwise injiured, is guilty of a misdemeanor.

Every person who knowingly marks or stamps false or short ft^^p'^g casks etc weights or measures, or false tare, on any cask or package, orJaiseiy

knowingly sells or offers for sale any cask or package so marked,

is guilty of a misdemeanor.

In all sales of coal, hay, and other commodities usually sold by 500

,1 ^ J. ^. t 1 j_i J- j_i ,, J

• j_ j_i Full weight of all arti- the ton or fractional parts thereof, the seller must give to the pur- cies must be given chaser 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 uerson violating

this section is guilty of a misdemeanor.

That it is hereby established that throughout this Territory a sashwfcompiled

bushel of corn shall consist of 54 pounds ; a bushel of wheat of 60 lxxxi'h p' 577 poimds; a bushel of barley of 45 pounds; a bushel of rye of 56 l^^^^^^^ „j pounds; a bushel of oats of 32 pounds; a bushel of small white bushei beans of 60 poimds; a bushel of other beans of 55 pounds; one Hundredweight and hundred pounds shall constitute one hundred weight and 2,000

pounds shall constitute one ton. In all transactions, the foregoing shall be the standard of Ipeciai agreements weights in this Territory, imless otherwise especially agreed ut)on

by the parties interested.

This act shall take effect and be in force from and after its passage. Every person who in putting up in any bag, bale, box, barrel, ESeit or other package, any hops, cotton, wool, grain, hay, or other goods i^^^p'^i.^f

* ' usually sold in bags, bales, boxes, barrels or packages by weight, §^^^336^^ ^^^^^ puts in or conceals therein anything whatever for the purpose of packages; penalty for 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.

25

ARKANSAS

The set of weights and measures prepared by the United States

under the act of congress approved the fourteenth day of June,

A. D. 1836, and dehvered to the governor of the State of i^kansas,

and now deposited in the office of secretary of state, shall be and

the same is hereby declared to be the standard of all weights and

measures used in this state, and the clerk of the county court of each

coimty 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 shall be sealed by the

secretary of state. The secretary of state shall procure a seal or stamp, with the

letters " S. A." upon it, with which he shall seal all weights and

measures which he shall compare with the said standard in his

office and find to be correct; and such weights and measures,

after being so sealed, shall be a la\vful 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. The several clerks of the county courts shall seal all weights and

measures that may be presented to them for that purpose which

correspond with the county standard.

Whenever, in any contract, for the repair or construction of any

cistern in this state, the capacity of which is represented in barrels,

Ithere is no other specification of the holding capacity of said barrels, the term "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.

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.

Digest Stats., Kirby,

1904, ch. 159, p. 1623

(1894)

Sec. 8co3 Standards

Custody

County otEcers

Sets to be furnished

Sec. 8004

State sealing

(.1S94) Sec. 8005 County sealing

US85)

Sec. 8co6 Standard barrel

(.1903) Sec. 8007 Bushel measure

27
28 Laws Concerning Weights and Measures

U887)

Sec. 8008 Legal weight of bushel of certain commoditiea

The legal weight per bushel of—' Pounds. Com, shelled 56 Corn, in ear, husked 70 Com, in ear, unhusked 74 Wheat 60 Oats 32 Cotton seed 33^

Com meal 48 Barley r. 48 Rye : 56 Potatoes 60

Potatoes, sweet 50 Onions 57 White beans 60 Peas 60 Flax seed 56 Blue grass seed 14

The legal weight per bushel of— Pounds. Clover seed 60 Timothy seed 60

Millet seed 50 Buckwheat 52 Red Top 14 Orchard grass 14 Sorghum 50 Green apples 50 Dried apples 24 Dried peaches 33 Bran 20

Salt 50 Turnips 57 Broom-com seed 48 Johnson grass 28

' For convenience in printing a slight change has been made in arrangement of these articles.

(1901) Sec. 8009 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, selUng, 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 one of this act for the purpose of scaUng,

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.

All raihoads operating in this State shall keep and maintain

track or railroad scales for the purpose of weighing coal shipped

in car load lots, at all stations along their respective lines of road

where as much as one thousand cars of the same are shipped in

carload lots yearly.

At all such stations it shall be the duty of the raihoad 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 weight of each car and of the contents

Certificate of weight of cach Car delivered to them by the shipper. The certificate of

weight to be given 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.

Pena^it^'for violation ^uy railroad in this State faiUng or refusing to comply with

oi these provisions qt^j of the provisious of this Act shall be subject to a. penalty of one himdred dollars, to be paid to the Coimty, for every failure or

Sec. 6675 Track scales re quired

U003)

Dig. Stats., Kirby^

1904

Sec. 6676 Cars to be weighed
Arkansas 29

refusal, and each day upon which it may refuse or fail to comply

with this Act shall constitute a separate offense.

That all railroads operating in this State are hereby required sec.V^'^^^ to keep and maintain track or railroad scales at all stations or Track scales depots where as many 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 ^^j^^*^"'^ ''^'2'^" 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

[other] railroad charge until furnished as aforesaid with said

weights, nor pay any greater amount of freight than is shown by

such certificate.

Any railroad in this vState failing or refusing to comply with any |e^i;a„y

of the provisions of this act 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 vSUch 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.

That it shall be unlawful for any corporation, firm, manufac- Act 121, 1905, p. 313 turer, merchant or other dealer, their agent or employees, to weigw to be stamped

1. . ' sflcks of grflin etc* 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.

Any corporation, shipper, manufacturer, merchant or other |enai,y

dealer, their agents or employees, who shall violate the provisions

of section one of this act, shall be deemed guilty of a misdemeanor,

and upon conviction before any justice of the peace or circuit

court, shall be fined in any sum not less than twenty dollars, and

every 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.

It shall be unlawful for any person who weighs cotton in the j^^'seststats.,^Kirby. State of Arkansas to take off anything for scalage. 1614'^''^ Any person violating the provisions of this act shall be deemed scaiage guilty of a misdemeanor, and, upon conviction, shall be fined in Penauy' any sum not less than five nor more than twenty-five dollars. It shall be unlawful for any person, corporation or warehouse seaiie^^'' man doing business in this State to charge more than ten cents '""^ weighing

per bale for weighing, sampling and marking cotton. Any per-
30 Laws Concerning Weights and Measures

sons, corporation or warehouse man 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.

46^470 I'hat each and every person, individual, firm or corporation, who

Sec. I

. maintain and operate a ginnery for the purpose of ginninsr, pack- PubHcgmners . j i- j.4. t, u j 1 j ^ i_ 1 i- • mg, and baling cotton are h£reby declared to be a public gmner,

and a public and lawful weigher of cotton in his county. * * * vMic ginnets re- hereby made the duty of each public ginner to keep an accuquired to keep accurate rate pair of scalcs and correctly weigh each bale of cotton ginned sc&lcs flQQ records and baled by him, or caused to be ginned and baled by him, as soon as taken from the press. And he shall keep in a book, to be

provided by him, a record of the number of the bales ginned and

packed by him, the date each bale was ginned and packed and the

name of the owner thereof,

on^lie^""'^^'*TM''^'* 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.

Fees; certificate jje 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.

County clerk required shall be the duty of the couuty clerk to cause to be tested by

to test scales 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.

Inaccurate or false '^hat if any ginncr, his agent or employee, knowingly weigh any

wefghing; misde-balc of cotton iuaccuratcly , or falsely weigh same, he shall be

meanor .1, ^ . -i guilty of a misdemeanor,

vioia'tion- penalty pcrson 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.

Proviso Provided, the provisions of this bill shall apply only [to] the

counties of Bradley, Drew, Ashley, Nevada, Woodruff, Ivincoln

and Chicot.

Act 2^25, 1905, P- 571 Every agent, owner, lessee or operator engaged in mining coal

Te^sting weights at in any quantity, where ten or more men are worked under-

""""^ ground, 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.

Digest stats.. Kirby, jt shall bc the duty of every corporation, or company, or person

"sec.s3s6. as amended engaged in the business of mining and selling coal by weight or

by act 225, 1905. p. 570, j^g^yj-g^ employing ten or more persons, to procure and con-
Arkansas 31

ILaws, 1911, act 161 Sec. I Weight to be marked

concentrated comstantly keep on hand at the proper place the necessary scales and ^'^^ measvires and whatever else may be necessarv' 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 measiures. 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 recei\-ing such request.

That ever}^ lot or parcel of concentrated commercial feeding stuff

sold, offered or exposed for sale in this State, shall have afiixed

thereto, or printed thereon in a conspicuous place on the outside mercial feeding stufis thereof, a legible and plainly printed statement, in the English

language, clearly and truly certifying the weight of the package; weight of packages (provided, that all concentrated commercial feeding stuffs shall be

in standard weight bags or packages of 5, 10, 25, 50, 75, 100, 125,

150, 175, 200 poimds) ; the name, brand or trade mark under which

the article is sold; the name and address of the manufacturer, jobber or importer; * * * , That the term "Concentrated commercial feeding stuffs," shall

be held to include all feeds used for Hve stock and poultry, except

whole hays, straws and com stover when the same are not mixed

with other materials ; nor shaU it apply to the unmixed whole seeds

or grains of cereals when not mixed with other materials.

That any manufacturer, importer, jobber, agent or dealer who

refuses to comply with requirements of the pro\-isions of this

Act, or any manufacturer, importer, jobber, agent or dealer or person who shall impede, obstruct, hinder or otherwise prevent

or attempt to prevent, any chemist, inspector or other authorized

agent in the performance of his duty in connection with the pro-

^isions of this Act, shall be guilty of a ^dolation of the proAisions

of this Act.

That any manufacturer, importer, jobber, agent or dealer, who

shall A-iolate any of the pro^nsions of this Act, or the regulations

adopted by the Commissioner of ]\Iines, ^lanufactures and Agriculture, upon conviction thereof, shall be fined not exceeding

fifty dollars for the first offense, nor more than two hrmdred dollars for each subsequent offense, and the proceeds from such fines shall be covered into the State Treasiuy^ for the use of the department executing the pro\-ision of this Act. That whenever the Commissioner of I^Iines, Manufactures and

Agriculture, or his duly authorized representative, become cogniSec. 2 Definition

Sec. 14 Violation

Sec. 13 Penalty

Sec. 16 Prosecutions
Laws Concerning Weights and Measures

zant of any violation of the provisions of this Act, he shall immediately notify in writing the maniifactiu"er, importer, jobber or

dealer, if same be known, and after thirty days he shall notify

the prosecuting attorney of the district where such violation

occinred, who shall cause proceedings to be commenced against

the person or persons so violating the Act, and the same prosecute in the manner required by law.
CALIFORNIA

The legislature may by general and uniform laws provide for Itar^nded^L the inspection, measm^ement, and graduation of merchandise, ^9" manufactured articles and commodities, and may provide for the

appointment of such officers as may be necessary for such inspection, measurement and graduation.

The standard of weights and measures received from the United seTi' States under a resolution of congress approved June 14, 1836, and state standards such new weights and measmes 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 county and

municipal standards of weights and measures shall be tried, proved

and sealed.

The weights and measures referred to in section one of this act itaie standards to be shall be kept by the secretary of state in a safe and suitable place ^^^^

secretary of in his office, from which they shall not be removed except for

repairs or for certification. He shall maintain said standards of

the state in good order and shall submit them at least once in ten

years to the national bureau of standards for certification.

The secretary of state, upon request of any county, incorporated secretary ot state to city, or incorporated town, or incorporated city and county shall ^^'^^fJen'^^'^'^^' furnish to said county, incorporated city, incorporated town or incorporated city and county copies of the standard weights and

measures of this state. All such copies furnished under the provisions of this act shall first be tried and accurately proved by the

secretary of state and shall be sealed and certified to by the secre- tary of state and stamped with the letter "C." Such copies shall

be furnished at the expense of the county, incorporated city, incorporated town or incorporated city and county requiring the same.

Copies furnished under the provisions of this section need not be

of the same material or construction as the standards of the state,

but such copies may be furnished in any suitable materials or construction that the secretary of state may specify.

The respective counties, incorporated cities, incorporated towns l^tjeg ^itj^g ^^^j and incorporated cities and counties of the state are hereby author- towns may appoint'seai- ized to appoint sealers of weights and measures.

8578°-i2 3 33
34 Laws Concerning Weights and Measures

jari^ctionrf sealers '^^^ jurisdiction of the sealers of weights and measures of the

various counties of the state shall extend over the entire territorial

limits of the counties appointing such ofi&cers, except in the incorporated cities and incorporated towns that have appointed or may

appoint sealers of weights and measures under the provisions of

this act. The. jurisdiction of the sealers of weights and measures

appointed by the various incorporated cities, incorporated towns

and incorporated cities and counties under the provisions of this

act, shall extend over the entire territorial limits of the incorporated

city or incorporated town or incorporated city and county appointing such officer. Compensation of Any couuty, incorporated city, incorporated town or incorposealers to be fixed j ' ir j ' r jt rated city and county appointing a sealer of weights and measmes

under the provisions of this act shall fix the compensation of such

officer and may provide deputies for such officer and fix their compensation.

^Depuues may be ap- Any couuty, incorporated city, incorporated town or incorpoDuties may be pre- rated city and county appointing sealers of weights and measures

scribed under the provisions of this act may also prescribe duties to be

performed by such officer in addition to the duties prescribed by

this act, but no additional duties can be prescribed which are in

conflict with the provisions of this act.

Arties oi sealers various scalcrs of Weights and measures appointed under

the provisions of this act shall have charge of and take possession

of the copies of the standards of weights and measures of the state procured from the secretary of state in accordance with the provisions of section 3 of this act.

be^telted'4h^'*^^ "^^^ scalcrs of wcights and measures shall, every two years, cause

to be proved and tested by the secretary of state, and it shall be

the duty of the secretary of state to so prove and test, copies of the

standards of weights and measures of the state furnished the sec- retary of state under the foregoing provisions. If any of the copies

of the Weights and measures so tested shall be found to be incorrect

the same shall be adjusted if the same are susceptible of being

adjusted, but if the same are not susceptible of being adjusted new

copies shall be furnished at the expense of the county or incorporated city or incorporated town or incorporated city and county

requiring the same.

iSidards to be ad- prosccution for a violation of any of the provisions

mitted in evidence of this act any copy of the standards of weights and measures of

the state furnished by the secretary of state under the provisions

of this act shall be admitted in evidence upon the trial and such

copies shall conclusively be deemed true and correct.

iSiers to reserve shall be the duty of all sealers of weights and measures

stai^Mds

preserve carefully preserve all copies of the standards of weights and
California 35 measures of the state furnished under the provisions of this act

and to keep the same in a safe and suitable place when not actually

in use.Every person using or keeping for use or having or offering sec.g

r ^ • 1 j_ 11 r 1-j'j. J. Users and sellers •! for sale weights, scales, beams, measures of every kmd instruments weights and measures, or mechanical device for measurement, and tools, appliances or a^dmHkedi^aier

accessories connected with any or all such instruments or measures

within a county, incorporated city, incorporated town, or incorporated city and county in which there has been appointed under

the provisions of this act a sealer of weights and measures, shall,

within three months after the appointment of such sealer of

weights and measures, cause all such weights, scales, beams,

measures of every kind, instruments or mechanical device for

measurement, and tools, appliances or accessories connected with

any or all such instruments or measures used, kept for use or had

or offered for sale by him, to be sealed and marked by the sealer of

weights and measures of the county, incorporated city, incorporated town or incorporated city and county in which the same are

used, kept for use or kept or offered for sale. No weight, scale, beam, measure of any kind, instrument or sec. io_ mechanical device for measurement, and tools, appliances or etc., to be used accessories connected with any or all such instruments or measures

'^^'^"^

shall be used, kept for use, sold, offered for sale or kept for sale in

any county, incorporated city, incorporated town or incorporated

city and county in which there is a sealer of weights and measures

appointed under the provisions of this act and in which there has

been continuously in office in such county, incorporated city, incorporated town or incorporated city and county a sealer of weights

and measures for three months, unless such weight, scale, beam,

measure of any kind, instrument or mechanical device for measurement, and tools, appliances or accessories connected with any

or all such instruments or measures has been sealed and tested as herein provided.

Where any weight, scale, beam, measure of any kind, instru- sec. n

, 1 • 1 1 • J- i J.I 1- Weights, measures, ment or mechanical device for measurement, and tools, apphances, etc., may be used when or accessories connected Ynth. any or all such instruments qj-

'^^t^"* measurements have been tested and found correct by any sealer

of weights and measures 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 comity, incorporated city, incorporated

town or incorporated city and county of this state without any

further test. Any weight, scale, beam, measure of any kind, instrument or^JTed' byMtilmaTb^

mechanical device for measurement, and tools, appliances or ^'^'"^'^^ accessories connected with any or all such instruments or measures, which have been tested and sealed and certified to as correct
36 Laws Concerning Weights and Measures

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 of

Such apparatus sub- weights and measures as in this act provided. But all sach

ject to inspection as pro- . , . , , - ^ , . , . , ^ vided weights, scales, beams, measures of any kmd, mstruments or mechanical devices for measurement, and tools, appliances or

accessories connected with any or all such instrtmients or measures shall always be subject to inspection as herein provided,

notwithstanding that the same have been tested and sealed either

by a sealer of weights and measures appointed imder the provisions of this act or by the national btneau of standards,

icaies beams etc scalc, beam or mcchauical device for weighing or measur-

^mtested' wh* n*""^ ^^'^ '^'^^^^^ after being sold and before being used for weighing,

must be assembled or set up, may be sold, kept for sale, or offered

for sale without being first tested and sealed as in this act proMust be tested be-vidcd: but such scale, beam, or mechanical device for weighing or

fore being used measuring must before being used for weighing or measuring be

tested and sealed as in this act provided.

Weights scales Upou a Written request of any resident of a county, incorpobeams, etc., 'may be rated city, incorporated town or incorporated city and county

tested upon written re-. 11 -j^i i r • ^ ^ -i quest of resident lu which there has been appointed a sealer of weights and measures under the provisions of this act, the sealer of weights and measures for such county, incorporated city, incorporated town or incorporated city and county shall test or cause to be tested, as soon thereafter as is practicable, the weights, scales, beams, measure of any kind, instruments or mechanical device for measurem.ent, tools, appliances or accessories connected with any or

all such instruments or measures used in buying or selling by the

person, firm or corporation designated in such request. Upon the

Upon written request written rcqucst of any person, firm or corporation, using, having

for use, selling, keeping or offering for sale any weight, scale,

beam, measure or any kind of instrument or mechanical device

for measurement, tools, appliances or accessories connected with

any or all such instruments or measures, in any county, incorporated city, incorporated town, or incorporated city and county in

which there has been appointed a sealer of weights and measures under the provisions of this act, the sealer of weights and measures

for such county, incorporated city, incorporated town or incorporated 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 measurement,

tools, appliances or accessories connected with any or all such

instruments or measures belonging to or used by such person,

firm, or corporation, providing that 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
California 37

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 measurement, tools,

appliances or accessories connected with any or all such instruments or measures. The -sealer of weights and measm'es shall, within his county, nmies and authority incorporated city, incorporated town or incorporated city and of^^eaiers^; apparatus^to county, inspect, test, try and ascertain if they are correct all how often weights, scales, beams, measmes of any kind, instruments or mechanical devices for measurements, and tools, appliances, or

accessories connected with any or all such instruments or measures,

kept for the ptupose of sale, sold, or used or employed within the

respective county, incorporated city, incorporated town or incorporated city and 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 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 the law.

He shall, at least twice 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 respective county, incorporated city, incorporated town or incorporated city and county, are

correct. He may, for the purpose above mentioned, and in the

general performance of his duty, enter or go into or upon, and

without formal warrant, any stand, place, building or premises

or stop any vendor, peddler, junk dealer, driver of a coal wagon,

ice wagon or delivery wagon or any dealer whatsoever, and if necessary, require him to proceed to some place which the sealer

of Vv^eights and measures may specify for the purpose of making

the proper tests. Whenever a sealer of weights and measures finds a violation of Sfc. 15 any of the statutes relating to weights and measures he shall cause the violator to be prosecuted.

Whenever a sealer of weights and measures compares weights Appear at us, to be and measures or weighing or measuring instruments and finds that ^'^^^ they correspond, or causes them to correspond to the standard 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
38 Laws Concerning Weights and Measures

measuring instrtiment is correct and the date of the inspection,

which device shall be so placed as to be easily seen,

—to be seized and de- He shall condcmn and seize and may destroy incorrect weights

stiwed, when , ^ . ^ . , and measures and weighing and measurmg instruments which can

not be repaired, but any weight, measure or weighing or measuring

instrument which shall be found to be incorrect, but which can be

repaired, he shall cause to be marked with 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,

shall have the same repaired or corrected within ten days, but

until the same have been repaired or corrected and tested as herein

provided the owners or users thereof may neither use or dispose of

the same in any way, but shall hold the same at the disposal of the

sealer of weights and measures. When the same have been

repaired or corrected the owner or user thereof shall notify the

sealer of weights and measures and the sealer of weights and measures shall again test and prove the weight, measure or weighing or measuring instrument which has been foimd incorrect and marked

as in this section provided, and until such weight, measure or weighing or measuring instrument has been inspected by the

sealer of weights and measures and found correct the same shall

not be used.

mwe^r^Sm^rate'tar' "^^7 pcrsou who rcmovcs or obUterates any tag or device with

the words "Out of order" or any tag, mark, seal or device placed

upon any weight, measure or weighing or measuring instrument,

as in this act provided, shall be guilty of a misdemeanor.

Sealer to remove tag When any Weight, mcasure or weighing or measuring instrument

has been repaired and corrected, as in this section provided, and

has been inspected and found correct by the sealer of weights and

measures, as in this section 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 in this section.

^sdemeanor Any pcrsou who, by hlmsclf, 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 use or retain in his

possession any weight or measure or weighing or measuring instrument in any county, incorporated city, incorporated town or in- corporated 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 of weights and

measures within one year, or who shall dispose of any condemned

weight or measure or weighing or measuring instrument contrary
California 39

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 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, 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 that he represents it to be or contain, shall be guilty of a misdemeanor.

A sealer of weights and measures, in the performance of his offi- poucepowers cial duties, shall have the same powers as are possessed by police

officers of this state. Any person who shall hinder or obstruct in any way a sealer of Hindering or ob- weights and measures in the performance of his official duties shall structme, misdemeanor be guilty of a misdemeanor.

No person shall neglect or refuse to exhibit any weight, measure sec. 20 or weighing or measuring instrtunent of any kind, or appliances or mf to'e^bit''we^^i accessories connected with any or all of such instruments or meas-TM^^^"'®^'^'"

''"^^'*' ures which is in his possession or imder his control, to any sealer of

weights and measures within the territorial limits of the jurisdiction

of such sealer of weights and measures for the purpose of allowing

the same to be inspected and examined by the sealer of weights

and measures. No person, by himself, or his employee or agent, or as a pro- |f^g,^g prietor or manager, shall refuse to exhibit anv article, commodity, ing to exiiibu articles. 11 o-ir 'to- • • 1 , commodities, etc., to produce or thing bemg sold or offered for sale at a given weight seaier or quantity, or ordinarily so sold, to a sealer of weights and meas • ures within the territorial jurisdiction of such sealer of weights and

measures for the purpose of allowing the same to be tested and

proved as to the quantity therein contained by the sealer of weights

and measures. Every sealer of weights and measures appointed under the pro- ||^-,«,

visions of this act shall carefully keep a record of all tests made by

him, of all measures or weights and of all weighing or measuring

instruments which have been tested and found correct, or which

have been tested and found incorrect, of all arrests made by him

for violations of the provisions of this act, and of all of his official acts, which record shall always be open to public inspection.

Any sealer of weights and measures who willfully neglects to jj^ewrd^open to pubuc

perform any of his duties, as provided by this act, may be removed

^g,^f sealer by the same power which appointed him and the said appointing

power shall be sole judge of the existence of the cause for such

removal.

Any sealer who shall seal any weight, measure, balance or apparatus before first testing and making the same conform with the

Sealer ts keep record
40 Laws Concerning Weights and Measures

authorized standard, or who shall condemn any weight, measure,

balance or apparatus without first testing the same, shall be

deemed guilty of a misdemeanor.

vioiation ot act a -^uy pcrsou violating any of the provisions of this act shall be

misdemeanor guilty of a misdcmeanor.

Detouion '^^^ word " persou, " as used in this act, shall be deemed to include person, firm or corporation.

Officers of corpora- It sliall bc the duty of all officers, directors and managers of

tions to comply with act (^Qj-pQj-^tiQjis, whosc respectivc Corporations use or keep for use or

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 corporations, 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 with the provisions of this act

Officers responsible on behalf of their respective corporations. In case any corpora-

° Misdemeanor tiou shall violate any of the provisions of this act the officers,

directors and managers of the same shall be responsible for such

violation and shall be guilty of a misdemeanor.

Counties may com- ^^^'^ ^r more couuties of this state may, by agreement, appoint

tiine one sealer of weights and measures and may fix his compensation

and provide for his deputies and fix their compensation. A sealer

of weights and measures so appointed shall have jurisdiction over

the counties appointing him. In case two or more counties appoint

a sealer of weights and meastues, under the provisions of this section, such sealer of weights and measures shall perform the duties

and have the powers of sealers of weights and measures appointed

under the foregoing provisions of this act.

lees^^may be pro- Any county or couutics, incorporated city, incorporated town

vided or incorporated city and county appointing a sealer of weights

Disposition of fees ^j^d measurcs under the provisions of this act may provide the

fees or charges that may be exacted by the sealer of weights and

measures for sealing and making each weight, measure or weighing or measuring instrument and may provide for the proper disposition of such fees and charges.

Sec. 29^ acts and laws and parts of acts and laws in conflict with

the, or any of the provisions of this, act, are hereby repealed.

-n v.- The standard yard is the unit or standard measure of length

Political Code, 1909, -' , « . - ?

D|ering, ch. 8, p. 851 and surface from which all other measure of extension, whether

unitfoT extension fincal, Superficial, or solid, are derived and ascertained.

DMsYonof 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
California 41

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 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.

The acre for land measure must be measured horizontally, and

contains ten square chains, and is equivalent in area to a rec- tangle sixteen rods in length and ten in breadth; six hundred and

forty acres being contained in a square mile.

The standard avoirdupois and troy weights are the units or standards of weight from which all other weights are derived and

ascertained.

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 hundred weight

consists of one hundred avoirdupois pounds and twenty hundred

weight constitute a ton. The troy ounce is equal to the twelfth

part of the troy pound.

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.

The barrel is equal to thirty-one and a half gallons, and two

barrels constitute a hogshead.

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.

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.

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 a peck, twelve and a third

inches.

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.

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. 3212 Rod, pole, perch Mile

Chain

Sec. J

2 13 Acre

Sec. 3214 Units of weight

Sec. 3215 Division of pound

Sec. 3216 Unit of liquid meas-- ure

Sec. 3217 Barrel, hogshead

Sec. 3218 Unit of measure for solids

Sec. 3219 Division of half

bushel

Sec. 3220 Division of capacity

or commodities

Construction

Sec. 3221 Heap measure

Sec. 3222 Construction of contracts
42 Laws Concerning Weights and Measures

we'iimW bushel Whenever wheat, ry^e, Indian com, 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 poimds of wheat, of fifty-four pounds of rye, of fifty-two

pounds of Indian com, of fifty pounds of barley, of forty pounds

of buckwheat, and of thirty-two pounds of oats.

D^Afg. ch.°^2^' false weight or measure is one which does not conform to

Sec.

55!^'^^^^ the standard established by the laws of the United States of

False weiglit and \nierica

measure defined ' ' . . . . Sec. 5S4 -bvery person who knowingly marks or stamps false or short

wfighlTM^'"^ 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 g^J^ilty of a misdemeanor.

{1875-76) In all sales of coal, hay, and other commodities, usually sold

Weight by the ton or by the tou 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

Full weight required avoirdupois weight, the Seller must give to the purchaser full weight, at the rate of sixteen ounces to the pound; and any per- son violating this section is guilty of a misdemeanor.

(.1872. 1S73. 1S74) Every person who, in putting up in any bag, bale, box, barrel,

Penal Code. 1909. +t, 1 iT ^-4. 1

• 1, j-t, Deering, p. i8s or othcr packagc, any hops, cotton, wool, gram, hay, or other

peMityforputting ex- goods usually sold in bags, bales, boxes, barrels or packages by

pa^Tg"esIoidt^ligiu weight, puts in or conceals therein anything whatever, for the

to increase the weight purpose of increasing the weight of such bag, bale, box, barrel, or

False tare 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 tvfenty-five dollars for each offense.

Penal ^'ccde i Any pcrson or persons, firm or corporation, who offers for sale

DeerSfg, p. 755

' Toll-buttcr not of fuU Weight to each roll, shall be guilty of a misShort-weight butter j ° ' o j demeanor.

{igoi) The standard miner's inch of water shall be equivalent or equal

^tats..i9oi.ch.222,p,.(.Q one-half cubic feet of water per minute, measured

Mkier's inch through any aperture or orifice.

Sec. 2 All acts or parts of acts inconsistent with the provisions of this

Repealed , , , 11

act are hereby repealed.

Gen ^Laws 1909 ^11 pcrsous uow engaged in or who may hereafter engage in a

Deeriiig, act '^s^s. p- general warehouse, wharfinger or storage business for the storage

'"sec. I of grain or other commodities, which in the course of such business

^Weighers at ^^re- weighed, shall, bcforc they engage in such business, or Avithin

sixty days after the appointment of an inspector of weights as provided in section 4 of this act, designate in writing a person or per- sons as weigher or weighers for such business at the place thereof,

and the person or persons so designated shall thereupon, and before
California 43

they shall do any weighing for such business subscribe, before an

officer authorized to administer oaths, the following oath to wit: * * *

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.

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.

The board of supervisors of the respective 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 attorney of such county, whose duty

it shall be to prosecute all violations hereof.

Every violation of this act shall be and is punishable as a misdemeanor.

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 busi- ness 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.

There shall be but one standard for the measurement of logs

throughout this state.

The following table, known as Spaulding's Table for the Measurement of Logs, is hereby made the standard and table for the meas- urement of logs throughout this state, * * * .1 No person, firm or corporation shall 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, containing two hundred and thirty-one

cubic inches, or the liquid quart containing fifty-seven and sev- enty-five one hundredths cubic inches, or the proper and complete

' The table has been omitted on account of its great length.

Sec. 2 Correct scales

Sec. 3 Correct scales Weights to conform to U. S. standard

Sec. 4 County Inspectors

Sec. 5 Misdemeanor

Sec. 6 Damages for short weight

Stats., 1877-78, ch.

415, p. 604, as amended by Stats., 1880, ch. 108, p. 119

Sec. I Logs

Sec. 2 Scale for measuring

Sess. Laws, 1910-11

ch. 489, p. 959

Sec. 4 Liquid gallon measure for milk
Laws Concerning Weights and Measures

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, restatuant, or other eating

place, where milk is sold with meals, or where it is sold to be dnmk

immediately, it may be sold by the glass.
COLORADO

Sec. 7024 Standard

Sec. 7025 Ton

Sec. 7026 Weight per bushel

That the weights and measures accepted and used by the gov- j^^^ staui^os. ernment of the United States at the present time, except as here- ^s?^ inafter provided, shall be deemed the la^vful standard of weights

and measures of the people of this state. The ton shall be twenty hundred pounds weight, avoirdupois.

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, thirty-two pounds of oats, sixty pounds of potatoes, sixty pounds 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 twenty-two brick per cubic foot for foot wall, and

fifteen brick for what is known as eight inch wall; a common

brick to be eight and one-half inches in length, four and one- quarter inches in width, and two and three-eighths inches in thickness; and water sold by the inch by any individual or corporation jjg'^^g^'s^g^''' shall be measured as follows, to-wit : Kvery inch shall be considered ^"^^^ ^^ter 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.

45

Bushel for charcoal

Perch of brickworli

Size of brick
46 Laws Concerning Weights and Measures

72fp?895^*" '^^^ state engineer shall use in all his calculations, measurements.

Water by cubic foot r^cords and reports, the cubic foot per second as the unit of meas- urement of flowing water, and the cubic foot as the unit of meas- urement of volume.

Rev. stet.!^i9o8, ch. shall be the duty of the treasurer of this state to procure as

'^sec 7027

' soon as possible from the proper department of the federal gov-

^t^surer to procure emmcnt, all uccessary weights and measures for the use of the

state, and as soon as he shall receive them, to give public notice

thrf)ugh two or more newspapers for thirty days, to each and every

board of county commissioners in the state, to obtain copies or

duplicates of said weights and measures.

Deailra^to compare ^^at all vcudcrs and traders in goods, wares, and merchandise,

with standard gold dust and Other articles 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,

ilpointment oi in- 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 may

direct.

lies'o/hispector That cach couuty board shall make out a list of fees to be cliarged

by said inspector, and which fees when charged shall be recoverable in any court, as any other debt or account is recovered,

faspector'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,

wro'ngfui selling. All pcrsous, for the purpose of weighing or measuring goods,

penalty warcs, 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.

35^p^s56^*" Person shall knowingly have, keep or use any false or

llise^weights pen- fraudulent scales or weights for weighing gold or gold dust or any

aity ' other article or commodity, every such person so offending shall, on conviction, be fined not exceeding five hundred dollars, or imprisoned in the cotmty jail not exceeding six months.
Colorado 47

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 two

hundred dollars and be imprisoned in the county jail not exceeding three months.

Whenever it shall come to the knowledge of the inspector that

any person within his county 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 law.

All fines imposed and collected for violation of the provisions of

this chapter shall be paid into the coimty treasury for the use of

the people of the county in which the offense was committed.

It shall be the duty of every corporation, company or persons

engaged in the business of mining and selling coal by weight or measure in this state 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 or measure the coal mined

and taken out by the workmen or miners of such corporation,

company or persons, and it shall be the duty of the Inspector of

Weights and Measures of every county in which coal is mined and

sold to visit each coal mine operated therein, and, once in each

year, unless oftener requested by the operator or the miner or the

miners, test the correctness of such scales and measures. If in any

county there is no Inspector of Weights and Measures, then the

State Inspector of Mines shall be required to test the correctness

of such scales or measures within a reasonable time after application is made to him therefor by either the miners or owner or those who may be operating the mine.

Each car or other apparatus used by any such corporation, com- pany or person in removing coal from any mine shall be plainly

marked by having distinctly placed upon it a number which shall

be kept thereon while such car or apparatus is in use and no two

cars or other apparatus so used shall bear the same number, and

if the coal from such mine is mined and the miners are paid therefor

according to weight for mining the same, every such car so used

shall be weighed upon such tested scales and the weight of the coal

thereof shall be correctly credited to the person mining jt and

recorded in a book kept for that purpose and the correct weight shall also be marked upon such car or apparatus before it is returned

to the mine for reloading. If the coal of any such mine is mined

and the miners thereof are paid for the same by measure, the number of bushels of coal such car or other apparatus will hold when

Sec. 1852 False weights at mill, penalty

Rev. Stat., 1908, ch.

157, p. 1633 Sec. 7033 Inspector's duty

Sec. 7034 Fines paid into county

treasury

Rev. Stat., 1908, ch.

27, p. 324

(igoi)

Sec. 661 Scales and measures

to be provided by mining corporations

Inspector

Sec. 662 Weighing of cars

Marking cars

Record
48 Laws Concerning Weights and Measures

Legal ton of coal Legal bushel of coal

Sec. 663 Weighing of coal

Measure of coal

Sec. 664

Violation of this act

Penalty

Sec. 665 Coal mines, check weighman

To be selected by

miners

Sec. 666 Duties of weighman

check

Access to scales

Sec. 667 Penalty for hindering check weighman

loaded to its capacity shall also be plainly marked upon it and

kept thereon as long as such car is used, as aforesaid. When coal

is mined by weight or by the ton, two thousand pounds shall constitute a ton, or where it is measured by the bushel, eighty pounds

shall constitute one bushel.

All coal mined by the ton or by weight shall be weighed in the

car or other apparatus in which it is removed from the mine before

it is screened, or before it is passed over or dumped down upon any

screen or any other device which may let, or be capable of letting a

portion of the coal drop through such screen or device, and it shall

be paid for according to the weight so ascertained at such price per

ton as may be agreed upon by such owner or operators and the

miner or miners who mine the same. All coal mined and paid for

by measure shall be paid for per car according to the number of

bushels marked upon the car or other apparatus in which it is removed from the mine, and without the coal thereof being

screened or without it being passed over or dumped upon a screen

or any other device which shall let any portion of the coal fall through such screen or device.

A failure to comply with any of the provisions of this act shall

be unlawful and deemed a misdemeanor, and any person, agent or owner operating a coal mine in this state who shall be convicted of a violation of this act shall be fined for the first offense not less than

twenty-five dollars ($25.00), nor more than fifty dollars ($50.00)

and for the second offense and each subsequent offense not less than one hundred dollars ($100.) nor more than two hundred dollars ($200.)

That hereafter in all coal mines in this State, operated by individuals or corporations, whether as owners or lessees and working

twenty or more miners underground, there may be employed a Check Weighman, who shall be selected by the miners employed

in said mine and whose wages shall be paid by the miners therein

employed.

The duties of such Check Weighman shall be to see that all coal,

mined in the coal mine at which he is employed, is accurately

weighed and for that purpose every such aforesaid owner or lessee

shall give to such Weighman, free access to all scales and weights

used for that purpose and to all books wherein the weights of coal

mined by the miners in said mines are recorded.

Any mine owner, operator, manager superintendent or lessee

operating any coal mine in this State who shall refuse to allow any

such Check Weighman to be so employed or shall refuse such

Check Weighman access to such aforesaid scales, weights or books,

shall be deemed guilty of a misdemeanor and upon conviction
Colorado 49

thereof shall be fined in the sum of not less than $25.00 nor more

than $500.00.

Any person, association or corporation, or the agent of any gj^^joge^*^

' person, association or corporation engaged in the business of |Ss4^°igiits or scales 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 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. All persons retailing coal or coke in cities of the first or second

sut'^^ ch class, and incorporated towns, whether existing under special char- is6,l^'i632 "

'

ter or otherwise, shall furnish the consignee or purchaser of coal or RetaUer' of coal or coke to the amount of one-quarter (X) of a ton or more, a certificate cafe

'° ^"^^^ of weight signed by the owner or agent of official city or town

scales. The certificate as aforesaid shall plainly state the net weight

f^^'t°^ertificate shaii of the wagon or cart on which the coal or coke is loaded, the net state 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 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 certificate may be issued.

Any dealer or driver of any wagon or cart delivering coal or

pe'i;a'it|\ii„rt weight coke without the official certificate of the owner or agent of taise certificate 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 certificate calls for, shall, on conviction, be

fined not less than thirty (30) dollars or confined one (i) 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 the costs of

suit, for each and every offense.

It shall be the duty of the justice of the peace, to whom a com- justi??* direct dis- plaint is made, of any violation of this act, to direct the district J'j^

'°

8578°—12 4
50 Laws Concerning Weights and Measures

attorney in his district, to institute and prosecute any and all suits for any violation of this act. itaes"^ into county "^^^ suits and prosccutious for a violation of any provisions of

treasury 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 officer collecting the same

in the county where the suit is brought.

Rev. Stat., 1908, ch. Any persou, association, copartnership or corporation leasing

"se^.'s"^ and operating coal lands under the provisions of this act shall pay

Ton of coal m solid deputy register of the state board of land commissioners a minimum price of not less than tsn (lo) 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, meastired

in the 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. * * *
CONNECTICUT

The weights and measures received from the United States ^s^^p. i^g*^^' under a resolution of congress approved June 14, 1836, and such l^^^^^ „j ^^i^^f^ new weights and measures as shall be received from the United and measures States as standard weights and measures in addition thereto or in

renewal thereof, and such as shall be supplied by the state in con- formity 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.

The superintendent of state police shall be state superintendent luperintendent of of weights and measures. There shall be a deputy superintendent perinte^ndent of weights of weights and measures and inspectors of weights and measures, and measures

Deputy supcrintenu- to be appointed by the superintendent of weights and measures ent and to hold office during the superintendent's term of office; the

officers of the state police department shall act as inspectors, when

directed to do so by the state superintendent or the deputy 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, and

traveling and contingent expenses for himself, his deputy, and

inspectors, such sums as shall be appropriated therefor by the

general assembly.

The superintendent of weights and measures shall take charge of j^^iils of superin- the standards adopted by this act as the standards of the state, and 'endent cause them to be kept in a fire-proof building belonging to the state, or in a 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 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, at least once in

two years, try and prove by the state standards all standard

weights, measures, and other apparatus which may belong to any

county or city, and shall seal such apparatus as is found to be

accurate by stamping thereon, with seals kept for that purpose,

the letter " C " and the last two figures of the year of certification.

SI
52 Laws Concerning Weights and Measures

He shall have general supervision of the weights, measures, and

weighing and measuring devices sold, offered for sale, or used in

the state. He shall, upon the written request of any person, firm,

corporation, or educational institution in the state, test or cali- brate 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 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 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 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 a receipt for the same from his successor in

office. He shall annually, on the first day of January, 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, at

least once in two years, inspect and test all standards and apparatus used by the counties and cities, 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 several cities and counties of the

state and 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, 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 coimty and

city sealers, and such regulations shall govern the procedure to be

followed by said officers in the discharge of their duties. The state superintendent of weights and measures shall, forthwith upon his

appointm.ent, 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 the same. 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 one thousand dollars, with sureties to be approved

by the attorney-general, for the faithful performance of the
Connecticut 53

duties of his office and for the safety of any apparatus entrusted

to his care. The county commissioners of each coimty and the common count? commission- council of each city required to appoint a sealer imder this act shall ^ciHe?^°procure

procure, at the expense of the county or city, and shall keep, at ^TMp^^'®

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 coimty 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 b}^ 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 cotinty or city.

There shall be in each coimty a county sealer of weights and l^^^'ty sealers, ap- measures who shall be appointed by the county cormnissioners ^"^^^^

for a term of five years. He shall be paid a salary determined Powers and duties of by said commissioners, said salary not to be less than one thousand

dollars per year, 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. 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 of every kind, instruments or mechanical

devices for measuring, and tools, appliances, or accessories con- nected with any 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, 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 dehvery,

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, at least twice each year, and ^.s^^aimuai inspec- as much oftener as he may deem necessary, see that the weights,

measures, and all apparatus used in the county, including those

imder the care of city and town sealers of weights and measures,
Laws Concerning Weights and Measures

are correct. He may, for said purpose, and in the general performance of his ofl&cial duties, enter, without warrant, into or upon any stand, place, building, or premises, or stop any vendor,

peddler, jimk 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 provisions of this act or of the general statutes 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 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, 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 coimty

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 county

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 coimty treasurer, for the faithful

performance of the duties of his office. Nothing in the foregoing

provisions shall, however, be so construed as 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 coimty 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
Connecticut 55

had been appointed by each of the authorities who are parties to

the agreement.

There shall be a city sealer of weights and measures in each city ^^^^^ ^^ ^j^^g of not less than twenty-five thousand population, according to g^blfants^

^*''*° the last preceding official state or United States census, to be Powers and duties oi appointed by the mayor subject to the approval of the common

coimcil. He shall, in said city, perform the same duties and have

the same powers as the coimty sealer in the county. In those

cities in which no sealer is required by this section, the county sealer

of the coimty 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 coimty 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 same jurisdiction and duties as if he had

been appointed by each of the authorities who are parties to the

agreement.

Any person who, himself or by his servant or agent, or as the fl^gj weights and servant or agent of another, shall offer or expose for sale, sell, use measures, ase or pos-

• ii- r T 1- session ol m the buymg or sellmg of any commodity or thmg or for nire or Penalty reward, 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 one year; or who shall dispose of any condenmed weight, measure, or weighing or measuring device contrary to law, or 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 represents, or sell or

offer or expose for sale any such commodity in a manner contrary

to law; or who 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, upon a first conviction, be fined not less than tvN^enty dollars nor more than

two himdred dollars, or imprisoned for not more than three

months, or both; and upon any subsequent conviction shall be

fined not less than fifty dollars nor more than five hundred dollars, or imprisoned in the county jail for not more than one year, or both.

The superintendent of weights and measures, his deputy and |ua,orUy of sttpenn- inspectors, and the county and city sealers of weights and meas- '/ssfst^'tg ^^g**?- ures shall each have power to arrest, without warrant, any violator without warrant of the laws in relation to weights and measures, and to seize,
56 Laws Concerning Weights and Pleasures

Sec. 9 Penalty ior interfer- ence with officials

Sec. lo Penalty for impersonating officials

Sec. II Repeal

Gen. Stats., 1902, Ti

tie 60, ch. 288

(1827, i8q5)

Sec. 4880 Pound, ton, etc. Barrel

Liquid gallon

Sec. 4881 Bushel measurement

Charcoal

Barrel of flour. —of potatoes.

US57. iSgg)

Sec. 4882 Weight of bushel

without warrant, for use as evidence, any false or unsealed, weight, measure or weighing or measuring device, or package or amoimt

of any commodity, found to be used, retained, offered or exposed

for sale, or sold in violation of law.

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 performance of his official duties, shall

be fined not less than two dollars nor more than two hundred

dollars, or imprisoned for not more than ninety days, or bothAny person who shall impersonate the superintendent of

weights and meastues, his deputy, or any inspector, or any county

or city sealer, by use of his seal or a counterfieit of his seal, or

otherwise, shall be fined not less than one hundred dollars nor more than five hundred dollars, or imprisoned for not more than

one year, or both.

So much of any act as is inconsistent with the provisions of

this act is hereby repealed.

The avoirdupois pound shall bear to the troy poimd the rela- tion 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.

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, 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.

[The bushel of the following-named articles shall contain in

pounds the amounts set opposite them.^]

Indian corn 56 Rye 56 Barley 48 Oats 32 Rye meal 50 Peas 60

Potatoes 60 Apples 48

Carrots 50

Onions 52 Clover seed 60

Herdsgrass 45 Timothy seed 45 Bran 20

Shorts 20 Flaxseed 55 Coarse salt 70 Fine salt 50

^ The words " The dry gallon shall contain two hundred and eighty-two cubic inches" have been omitted, since this apparently

conflicts with sec. i of ch. 280, Pub. Acts, 1911. w-hich 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.

' This statement and the arrangement of the articles following it have been adopted for convenience in printing.
Connecticut 57-

Ivime 70 Buckwheat 48 Sweet potatoes 54 Sugar beets 60 Beans 60 Mangelwurzel 60 Dried apples 25 Rutabagas 60 Dried peaches 33 Parsnips 45 Rough rice 45 Common English turnips 50 Upland cotton seed 30 Hard coal 80 Sea island cotton seed 44 Every person who shall sell, or offer or expose for sale or ex- pHan?!"^ noncom- change, any of the articles enumerated in this section, knowing

or having reason to believe that the measurement of articles so

sold, or offered or exposed for sale or exchange, is less than the

measurement required by this section, except in cases where there

is a special agreement to sell by some other measurement, shall

be fined not more than twenty-five dollars. Every manufacturer of cotton sewing thread, and every per- gee.

4885*'^'^ son engaged in putting up such thread on spools, or in packages of

tit^gf"" b^'^d^esigMtfd one pound weight or less, intended for sale, shall, before the same

is offered for 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 cent,

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 or stamped as regards length or quality, shall be subject

to the same fine. Every person who shall sell, or offer for sale, by the skein, any ^sif'^^ sewing silk manufactured in this country, unless each skein shall .^^11'^^*^^''TM!^''= sew- consist of twenty threads, each two yards long, shall be fined seven

dollars. No person or corporation buying milk or cream and making Sec. 48S7

(igoi) payments therefor based on the results of the Babcock test shall . ^abcock mi ik- test ' . - -1 .. bottlestested and use any bottle or pipette tor the purpose of determining the rela- stampea tive or proportional amount of butter fat of any milk or cream,

unless such bottle or pipette shall have been tested and stamped

as accurate by the Connecticut agricultural experiment station or by the Connecticut agricultural college. Every person or cor- poration that shall use any bottle or pipette for the purpose

named in this section, unless the same is stamped as herein prescribed, shall forfeit to the use of the state the sum of five dollars

for each bottle or pipette so used. The State's attorneys in the

several counties shall collect forfeitures under this section.
58 Laws Concerning Weights and Measures

seJim'^^^^ The standard of time for the seventy-fifth meridian west from

standard of time Grecnwich shall be the standard of time for this state.

ijj^t'i^^^' person who shall sell or offer for sale, food in package form,

NetweiKhtoffoodsto ^^l^ss the net quantity of the contents be plainly and conspicube marked on packages ously marked On the outsidc of the package in terms of weight,

atiMK pemitted ^ mcasurc, or numerical count; provided, that reasonable variations

shall be permitted, and that 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, shall be subject to the penalties provided

in chapter 255 of the pubhc acts of 1907.

Terms "person" and The terms "pcrson" and "food" as defined in Chapter 255 of the

"food" defined public acts of 1907, shall apply to the provisions of this act, provided, the term "food" as used herein shall not include confectionery and shelled nuts when offered for sale in packages at a

price not exceeding ten cents each.

pcSiity not to affect ^his act shall take effect from its passage, but no penalty shall

^onths'prior^o^^ige cuforccd for any violation of the provisions of section one aris- ing from the sale of food prepared and enclosed in package form

prior to eighteen months after the passage of this act.

i9^'^'i^^3'^' No person shall, by himself, his servant or agent, sell or offer

Weight to be marked cxposc for salc, or havc in his possession with intent to sell

on print butter any print butter unless the package or wrapper containing the same shall have conspicuously printed thereon, in letters or

figvues not less than one-half inch in height, in plain Gothic type,

the net weight of the butter contained therein.

Pe^^ty Every person who shall violate any provision of this act shall

be punished by a fine not exceeding twenty-five dollars.

248!"t^"i^7^' coal sold, except in accordance with a written agreement

w^ght with the purchaser otherwise, or offered for sale, in this state,

shall be so sold or offered for sale by weight. No person, firm, or corporation shall deliver any coal unless such delivery is accomwith'^c'oai'r^suung pauied by a delivery ticket and a duplicate thereof, on which shall

^^'sht distinctly expressed, in ink or other indelible substance, in

pounds, the weight of the coal contained in such vehicle or receptacle, together with the name of the seller and the name of the

pinrchaser of such coal. One of such tickets shall be surrendered,

upon demand, to the sealer of weights and meastires, 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 purchaser, or his agent or representative, at the time of the

deHvery 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 poimds delivered, shall be given to the purchaser or his agent,
Connecticut 59

at the time of delivery. Any person who shall violate any provision of this act shall be fined not more than two hundred dollars, or imprisoned not more than six months, or both. p^,^ ^^^^ ^^^^ All sales of milk or cream shall be made by wine measure. "i. p- 'sos

-'

. Sec. lo Milk and cream to be

sold by wine measure Every person who shall violate any provision of section ten, penalty eleven, or twelve of this act shall be fined seven dollars for each

offense.

A printed notice containing sections one to twelve, both in- Notice of sees. 1-12 to elusive, of this act, and this section, shall be conspicuously posted Republished

in all public places, creameries, or factories where milk is received

or sold. The dairy and food commissioner shall have power to enforce lo^er and duty ©i the provisions of the preceding sections of this act, and when the fo^mnk°Sid'creSn necessary evidence is submitted by the Connecticut agriculture spection experiment station that any of said provisions has been violated,

he shall make complaint to the proper prosecuting officer. The

dairy and food commissioner, or his authorized agent, shall have

the right to take samples of milk or cream from any producer or vendor, upon tender of the market price thereof, and he shall seal

and mark a duplicate sample of such milk or cream and leave the

same with such producer or vendor.

The term " concentrated commercial feeding stuff " shall include ^"4^^'^" linseed meals, cottonseed meals, pea meals, cocoanut meals, gluten J^?^^'^^^eMn^ stSff* meals, gluten feeds, maize feeds, starch feeds, sugar feeds, dried defined brewers' grains, malt sprouts, hominy feeds, cerealine feeds, rice

meals, oat feeds, corn and oat chop, corn and oat feeds, ground

beef, or fish scraps, mixed feeds, provenders, bran, middlings, and

mixed feeds made wholly or in part from wheat, rye, or buckwheat,

and all materials of a similar nature, but shall not include hays and

straws, the whole seeds nor the unmixed meals made directly from

the seed of wheat, rye, barley, oats, Indian com, buckwheat, or broom com, nor feed ground from whole grain and sold directly

from manufacturer to consumer. Every lot or parcel of concentrated commercial feeding stuff, ^ertmclte of weight sold, offered or exposed for sale shall have affixed thereto in a

»°<* conspicuous place on the outside thereof a legible and plainly

printed statement, certifying the number of net pounds of feeding

stuff contained therein, the name, brand, or trademark under

which the article is sold, the name and address of the manufacturer or importer, * *

DELAWARE.

The standard weights and measures of the United States, now ^^^^ ^-^.j^ ^ deposited in the secretary's office at Dover/ are the true and legalci^^'^r.p. 535'f f standards for this state; and the duplicates thereof, deposited standard with the several prothonotaries, are true duplicate standards by

which all weights and measures, used within this state, shall be

tried and regulated.

A regulator of weights and measures for each county, shall be county regulators appointed by the governor, for the term of four years. The said Term and oati regulator shall be sworn, or affirmed to perform the dut^'e^ of his

office faithfully and impartially. He shall within thirty days,

from his appointment, give bond to the state, with sufficient g^^^

surety, to be approved by the governor, in the 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.

He shall next year, and every second year thereafter in the f^ie^-jor regulating months of September and October, appoint a time in three of ''^'s^'^ "^^^^^^^ the most public places in each hundred of his county for regulating

by and with the duplicate standards aforesaid, without charge,

any weights and measures, scales, balances, or other weighing

apparatus, that may be brought to him; and shall stamp the same plainly with the letter S, and the initial of his county. He ot reguiasor shall give twenty days' notice of these appointments by five

advertisements in the hundreds respectively. He shall in hke and measures' 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 un- stamped weights and measures, scales and balances, which are used within the county for buying or selling.

The regulators shall be paid for their services annually, one compensation

hundred and seventy-five dollars in New Castle county, one hundred and fifty dollars in Sussex county, and one hundred and

twenty-five dollars in Kent county, to be allowed by the levy

court of the respective counties, and paid as other county charges.

State chemist made custodian of standards. (See Laws of 1909, ch. 63. p. 116.)
62 Laws Concerning Weights and Measures

Penality for using ^^Y person shall buy, sell, or barter, by any weight, or measweights not stamped yj-g^ pcale, 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 and measures, he shall forfeit and pay five dollars, to any one who will sue

for the same.

care^f the duplicate Kach regulator of weights and measures shall, preserve and

standards keep, in good order, the duplicate standards belonging to the

county, and the balance ftunished him for regulating weights;

and he shall attend, with said duplicate standards, at the office of the Secretary of State, when required by him, in writing, so to

do, for the purpose of having them regulated by the originals.

Laws, df.^ii,, vol. 17 That the regulator of weights and measures in and for New

Regulation of weights couuty, shall, oncc in every year, advertise in at least two

M^iectunty^ ^^^^P^P^"^^ coimty, ouc of cach political party, the place

where bis office is located. He shall also once in every year go

to all the stores, offices, booths, stalls or other places of business

Testing in his county (except the public market and market houses in the

city of Wilmington) where any beams, scales, weights and measures are used for the purpose of buying and 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

stamping measurcs, 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.

lee/ for trying and whicli trial and adjustment the said regulator for New

adjusting weights andCastlc couttty, in addition to the salary akeady 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 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 every one hundred poimds not exceeding

two thousand pounds, and any platform scale drawing over two

thousand poimds 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

half-peck 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 twenty-eight pounds or more, eight cents; for every

weight less than twenty-eight pounds, two cents, and an addi-
Delaware 63

tional charge or fee for labor or materials furnished for adjusting

said beams, scales, weights and measures to be fixed by agree- ^^es ment between the regulator and the owner or user thereof; provided, always, that the said regulator shall only be entitled to onehalf 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 collection of fees peace, all fees prescribed by this section from the proprietors or owners of such scales, beams, weights or measures, which he has

adjusted.

The said Regulator of Weights and Measures is hereby required ^^^i-aws (1883). voi. 17, to immediately seize and deliver to the attorney general all false Sec.^3 as amended by

beams, scales, weights and measures that he may find within the ^Xp.???'^"^'

county which he is unable to adjust, together with a written urM.""*'^"^"'*'^^" report giving such information in regard thereto as may be required

of him by the Attorney General, and the Regulator of Weights

and Measures shall 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 2 of this Act; and all the provisions of this Act relating to the inspection of beams, scales,

weights and measures used for the purpose of buying or selling

shall also extend to all such beams, scales, weights and measures

as are or may be used for ascertaining weights and measures for

the purpose of charging for freight, tonnage, transportation,

commission and all other charges, when such charges are regulated by weight or measure. In case any user or owner of such beams, scales, weights and i,f^sof i^^ch^^s

measures, within the county of New Castle, in this State, shall =^^^^1^^ refuse or neglect to comply with any of the requisitions which the

said regulator is by this act authorized or directed to make; or

shall knowingly sell or buy any false beams, scales, weights, or measme; or shall purposely alter any beam, scale, weight, or meastue, 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 measures, he

p^^^^y or they shall be guilty of a misdemeanor and upon conviction
64 Laws Concerning Weights and Measures

thereof shall, for the first offense, be fined not less than ten nor more than twenty dollars or imprisoned for a term not exceeding

Disposition oi fines 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 days. One half of all fines recovered for violations of any of the provisions of this act shall be paid by the officer

receiving the same to the informer and the other half to the Treasurer of New Castle County.

Weights in public That all bcams, scales, weights and measiures tested, adjusted

mariieis ^iwA stamped under the provisions of this act, which shall be used

in the pubUc 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, however, that if, upon

such testing and adjustment, such beams, scales, weights or measures shall be found to be false, the person or persons in whose posPenaity session the same shall be found shall, in addition to the fees prescribed by Section 3 of this act, pay to the Regulator of Weights

and Measures of such city or town the fees allowed to such regulator for like services under the ordinances and regulations of said

city or town.

Atoiinistering oaths That the Said Regulator of Weights and Measiu-es is hereby

authorized and empowered to administer an oath or affirmation to any or all proprietors or owners of any beams, scales, weights or

^Laws, 1883, ch. S52, jjjgg^g^j-gg^ named in this act, to ascertain whether they are used

S'^'^-

' for the purpose of buying or selling, as is contemplated by this act.

charcoal"**

'""^ That the Standard measure of charcoal in this state shall be two

thousand seven hundred and forty-eight cubic inches for each and

by^w^ghtofcSreorr^^'^^^y bushel thereof, and when sold by weight, a bushel shall be

twenty pounds (commercially dry)

.

Sec. 2 That this act shall take effect from its passage, and all acts or parts of acts inconsistent herewith are hereby repealed.

{1883-igog) Rev. Code, 1893, ch.

28, sec. 17, as amended by ch. 63, Laws, 1909, ^

st'a^te chemist custo- '^^^ Statc chcmist be and the same is hereby made the cusdian of weights and todiau of tlic standard weights and measures, together with balmeasures auccs for adjusting duplicate standards now in the custody of the

Secretary of State.

Duties of State chemist is required to keep same in good order, and

he shall, upon demand, try and prove the duplicate standards of

weights and measures belonging to the several counties, by and

with the originals in his custody and shall cause them to be made

uniform and correct. The prothonotary shall preserve and keep in good order the

standards

°' ^"P'"^^'^ duplicate Standards of weights and measures deposited in his
Delaware 65

office; but he shall allow the commissioner of weights and measures

of his county free access to, and use of, the said dupHcates, and

the occasional custody of them, as may be required for the discharge of his duties.

That from and after the approval of this act, the standard ^j^''^^- '9°'' '^^^ '^7, p. measure of milk and cream in this State shall be fifty-seven and ftoidard miik meas- seventy-five one-hundredths cubic inches for each and every «re quart thereof ; and when sold, with no special agreement as to the

measurement thereof, the quart shall consist of fifty-seven and

seventy-five one-hundredths cubic inches.

That on and after the first day of April, A. D., One Thousand p.^^;"!'- Nine Hundred and Nine, it shall be unlawful for any person, firm ftandard gaiion for or corporation to sell or offer for sale, or to demand from any per-'^'"^ son, 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 Act will prevent the

sale of milk, skim milk or cream by weight or percentage of butter

fat.Every person, firm or corporation and every officer, agent, le'^a',^ servant or employee of such person, firm or corporation, who

shall violate any of the provisions of this Act, 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. AH acts or parts of Acts inconsistent herewith are hereby re- Repeal pealed.

It shall be the duty of the Regulator of Weights and Measures ^Laws, 1907. ch. 166, p. in and for New Castle County, to inspect, v/hen requested so to do,

l^^j^^'pi^jg ^^^^ by the owner or owners thereof, all cans used for the shipment of

milk or cream, and to stamp on each can so inspected by him, in

letters three-eighths of an inch in height, a mark of inspection,

showing by whom inspected and its capacity in quarts, 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 Section one fnspectmg miik can^ of this Act, the said Regulator of Weights and Measures, in and stamping for New Castle County, shall be paid by the owner or owners

thereof at the time of such inspection, the sum of Ten Cents.

When wheat, or indian com, is sold by the bushel, and there is b^^.'^^"^^' no special agreement as to the measurement, or weight thereof, Ihebushei the bushel shall consist of sixty potmds of wheat, and fifty-six

pounds of corn.

8578<'-i2 s
66 Laws Concerning Weights and Measures

Packages ol meal

Hogshead

Re^guiation and size casks fot the exportation of breadstuffs, shall be made of

of casks for exportation good seasoned materials, well hooped and nailed, and shall be of

the following sizes, viz: No. i, 27 inches long, 16% inches diameter

at the head, and to contain 196 pounds; No. 2, 22}^ inches long,

12% 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, than these respectively, he shall forfeit and pay

to the flour inspector forty cents per cask, and shall have remedy

over for damages against the miller, or cooper, who furnished the same. Indian com meal, made from com sufiiciently kiln-dried, shall

be packed for exportation from New Castle Coimty, 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

poimds net, or in casks twenty-six inches long, 16^2 inches diameter

and to contain 196 pounds, or in half barrels 22 inches long, 12%

inches diameter, and to contain 98 poimds, 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 inspected and passed, and the same fees paid for inspection as in

proportion for barrels.

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 breadstuff 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

anyone who will sue for the same ; and if any person 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.

All wheat flour, manufactured for sale, or exportation, shall be

merchantable, and of due fineness, without mixture.

The Govemor shall appoint a floiu: inspector, who shall reside in

the city of Wilmington, and another who shall reside in or near

Middleford, or Seaford, who shall appoint the necessary deputies.

Each inspector, or deputy, shall be duly swom, or affirmed, and

shall hold office for fotu years. No person shall ship, or load, for exportation from New Castle

Covmty to any foreign port, or to any port in the United States

Sec. 3 Brands to be used

Sec. 4 Flour

Sec. s Inspector's oath

Sec. 6 Breadstufi to be in- spected
Delaware 67

where there are no inspection laws, any superfine, or common

flom", or middHngs, or any rye flour, or Indian corn meal, before

the same is duly inspected.

The inspector shall try the packing and quality, by boring and fj^„I.er of inspection piercing; or if necessary, by unpacking. If, on unpacking, the

quantity be foimd insufficient, the miller shall pay all charges of

packing and repacking, besides the penalty aforesaid; otherwise

the inspector shall pay such charges, or the purchaser, if done at

his request.

If the flour be "superfine," he shall stamp the plug with the g^stampmg grades ot letters "S. D.;" if inferior to superfine, but good merchantable

common flour, he shall scratch and erase the superfine brand, and

stamp the plug with the letters "CD.;" if below that quality,

he shall condemn the same as unfit for exportation, and shall mark

it with a circle and cross in red chalk. "Middlings," "fine rye

flotur," "rye flour," and "kiln-dried corn meal," shall be in like

manner inspected and marked, or condemned, and scratched,

according to the quality thereof.

The fee for inspection shall be one cent for each cask, or barrel,

and three cents for each hogshead, to be paid by the person exporting, or intending to export the same, whether approved or con- demned.

In case of dispute concerning inspection, any judge of the State t^^m

shall, on application, appoint three proper triers to examine such

breadstuff and report to him its quality and condition; and their

report shall be final. If their report sustain the inspector, the

other party shall pay the triers fifty cents each; if otherwise, the

inspector shall pay them and shall pass the breadstuffs inspected,

as merchantable.

The inspector or his deputy, shall, when required, go on board f^gplction on ship- any vessel within ten miles of Wilmington, New Castle, or PorfJoard

Penn, Middleford, or Seaford, to inspect more than fifty casks

imder penalty of forfeiting thirty dollars to any one who will sue

for the same. No such inspector, or deputy, shall deal in any flour by buying, ^^^^p^'^'"' may not

selling, or bartering the same, other than superfine flour under

penalty of forfeiting one hundred dollars.

If any person shall falsely brand any breadstuff, after inspecfajse branding

tion, with design to evade the inspection, or shall, knowingly and

fraudulently, ship the same with said false brand, he shall forfeit

and pay one hundred dollars; and every cask, or hogshead, so Penary falsely and fraudulently branded, shall be forfeited to the State,

and may be seized by the inspector, or deputy, one-half to his own

use; and if any person shall brand, or make the mark of superfine,

common, or middlings, on any cask of flour after it shall have been
68 Laws Concerning Weights and Measures

taken from the mills and before it shall have been inspected and

allowed as such by the inspector, such person shall forfeit and pay- twenty cents to any person who will sue for the same.

F^orfeitureof un- AouT, branded " superfine," or "common " shall be found,

marked mixed flour qu iuspcction, to coutaiu corn meal, or other mixture and adulteration, it shall be forfeited to the State, and may be seized as aforesaid, one half to the inspector's use. In case of any seizure, he shall sell the same, after ten days'

notice in one or more newspapers of the State, at public vendue;

and shall pay over one-half the proceeds to the State Treasurer

within thirty days thereafter.

Inspection of flour (That all superfine or common flour, middlings, rye flour, and

aad meal Indian coni meal, offered for sale and sold for consumption in the

city of Wilmington shall be first duly inspected, and any person

violating the provisions of this act, shall pay to the flour inspector

of the city of Wilmington, for the use of the State, the sum of five

cents for each barrel, and ten cents for each hogshead of corn meal,

middlings, or rye flour, so sold without inspection, to be recovered

as like amounts are by the laws of this State recoverable.)

Rev coi&li93 p S46 That whcncvcr Indian corn meal shall be sold by the bushel,

An act to regulate the Special agreement as to the measurement or weight thereof

selling of Indian meal shall bc made by the parties, the bushel if sifted, shall consist of

44 pounds, and if unsifted, the bushel shall consist of 48 pounds.

Laws, 1899. ch. 270, That on and after the first day of April, 1899, after this Act

Sec. I becomes a law, each and every bag, package, parcel or box of

flour or grain meal of any kind exposed or offered for sale to con- sumers in this State shall have marked or printed prominently,

Weight of flour or distinctly and conspicuously thereon the correct and exact weight meal to be marked . .-l..,^-' , . , m avoirdupois of the flour or other gram meal contained m such

bag, package, parcel or box.

Pe'iiauy That ou and after the first day of April aforesaid, 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 misdemeanor,

and upon conviction thereof, shall forfeit and pay a fine of twentyfive dollars, besides the costs of suit.

Mfebranding That if ou and after the first day of April aforesaid, any person

or persons, 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

way to deceive the pubhc, 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.
Delaware 69

That all loaves of bread manufactured from wheat fiour in ^^^^^^^ '.jf

• whole or in part, sold or offered for sale in this State by the baker ^^^^ ^ ^ ^ d loat of or manufacturers thereof or by any other person whether whole- bread sale or retail shall weigh at least one pound avoirdupois weight.

If any baker or manufacturer of bread into loaves from wheat Ihortioaves 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.

A perch of stone shall contain, when measured in the wall,ch^6^^'

twenty-four and three-quarters cubic feet; when measured in fereh of stone square piles on the ground twenty-seven cubic feet. When measured in boats, thirty cubic feet. When measured 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 measiired and computed according

to the following rules governing the measurement of mason work,

i. e., mason measurement shall be the basis of settlement.

From and after the first day of May A. D. 1903, the Inspector gjj'^'''' """'P- of Plumbing, of the city of Wilmington, shall assume the duties insplctor of plumbing

of Gas Inspector in and for the said city, and shall perform the *" ''^ '°^p«'='°'^ duties hereinafter provided for. The Gas Inspector shall make a daily inspection and test of the xo'^make daily test ot gas as to candle power and report the result of said test to the^"

Council monthly.

Any consumer of gas can have his meter tested under the super- fnsplction of meter vision of the Gas Inspector upon filing application for same, if ^p^^appucation of con- 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 meter should not

conform to above standard the costs of said test shall be borne by

the gas company.

All fees so collected shall be paid monthly into the treasury of lies ^ be paid to city the City of Wilmington.

' Note.—See also act of April 17, 1893, prescribing units of measurement in various trades.

DISTRICT OF COLUMBIA

Act Mar. 2, 1895 From and after the passage of this act the sealer of weights and ^

see. measures ^ shall receive a salary of two thousand five hundred mfasu^es ' ''^'^^'^ dollars per annum in lieu of fees. Such officer shall be appointed

by, and shall be under the direction and control of, the Commissioners of the District of Columbia. He shall have the custody

and control of such standard weights and measures of the United

States as now are, or as shall hereafter be, provided by the District of Columbia, which shall be the only standards for weights

and measures in said District.

That the sealer of weights and measures shall give bond to the sec. 2, as amended by

District of Columbia in the penalty of five thousand dollars, with Bond required two sureties or with the guaranty of 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 on

oath or affirmation before the Commissioners that he will faithfully and impartially discharge the duties of his office, which bond

or guaranty and oath shall be deposited with the Commissioners

of the District of Columbia.

That the Commissioners of the District of Columbia, on the ^'^'^3.

, recommendation of the sealer of weights and measures, be, and weights and measures they are hereby, authorized to appoint one assistant sealer of

weights and measures, at a salary of twelve hundred dollars per annum.^ The said Commissioners shall appoint such additional

employees as may be, in the judgment of the Commissioners of the

District of Columbia, temporarily required for operations of the Extra employees sealer of weights and measures at an aggregate expense of not

exceeding five hundred dollars in any one year. The said Commissioners shall provide for use of the sealer and the assistant sealer

of weights and measures a suitable room or rooms to be used for an

office ; and the said Commissioners shall also provide a horse and

wagon for the use of the sealer and assistant sealer of weights and

measures at such times as the business of their office shall require.

That the Commissioners of the District of Columbia are hereby sec. 4 empowered and directed to prescribe a schedule of fees to beprescdbe'^els"^"

1 Title changed to "Superintendent of Weisilits, ATeasures, and Markets," by join t resolution of the Senate and House of Representatives, approved Feb. 19, 1910.

- Congress has since provided for additional assistant sealers and a clerk. 71
72 Laws Concerning Weights and Measures

charged by the sealer of weights and measures for his ser\T.ces, in

lieu of the fees now charged, which schedule shall be printed and

conspicuously displayed in the office of the sealer of weights and

measures. Such schedule of fees shall be so arranged as to provide

as nearly as may be for all the salaries and expenses connected

with the office of the sealer of weights and measures, and no more.

DisposMon ot fees j^^^ collcctcd by the scalcr or assistant sealer of weights and

measures shall be paid over to the collector of taxes of the District of Columbia under regulations to be prescribed by the Commissioners of the District of Coltunbia, and be covered into the

TreasuTA' of the United States as ottier revenues of the District are now.

ol'th of assistant "^^^ assistaut scalcr of weights and meas\u-es shall take the same

seaier oath his principal is required to take, and miay, during the contin- uance of his office, discharge and perform any of the official duties

of his principal, and any default of misfeasance in office by the

assistant sun.-eyor, or other assistant or helper of the sealer of

weights and measures, shall be deemed a breach of the official bond of his principal.

Sec. 6 The sealer of weights and measures and, imder his direction, the

cius1?i^^wert^Irfom assistant scalcr of weights and measures shall have the exclusive

duties of their office power to perform all the duties of their office. They shall from

time to time tr\- and prove all scales, weights, beams, and measures

of every kind whatsoever used in the District of Columbia for the

purpose of buying and selhng, and such as shall be found to con- form to the standards kept in their office they, or either of them,

stamping shall Stamp with the word "approved," or with the letter "W,"

and the year in which said inspection is made; and such as are fotmd not to conform to the standards in their office they, or either

of them, shall stamp with the word "condemned " and the year in

which the inspection is made. Upon the written request of any

resident of the District of Columbia the sealer of weights and measures shall test, or cause to be tested, within a reasonable time after

the receipt of such request, the weights, scales, beams, or other

instruments used in buying or selling by the person, firm, or cor- poration designated in such request: Provided, That nothing

herein contained shall be construed to prevent any manufacturer

or other person from keeping for sale scales, beams, weights, or measm-es; but on the written request of such manufactvurer or other person the sealer of weights and meastu-es shall test, or cause

to be tested, and shall stamp as herein provided all such scales,

the United States not beams, weights, or measures offered for sale: And provided further,

tobe^tested by District ^^^^^ uothiug hcrdu Contained shall be construed to require or to

authorize the sealer of weights and measures to test any scales

belonging to the United States.
District of Columbia 73

That the Commissioners of the District of Columbia shall fmTiish Record of tests the sealer of weights and measures a book to be kept in his office, Test record in which book he shall register, in alphabetical order, the name of

each person whose measures, scales, beams, or other instruments he

or his assistants has inspected, together with the number and size of

the same, and what number of each was approved and what con- demned, with the time of inspection ; and such book shall be open

to the inspection and examination of the public at all reasonable

times.

No person shall neglect or refuse to exhibit any weights, scales, freights must be ex- measures, beams, or other instruments used by him or her ini'H'ited on demand of

. 1 ,. -^i-., oflScer weighing or measuring to the sealer or assistant sealer of weights

and measures when and whenever demanded by them, or either of

them for the purposes of inspection and stamping : Provided, That

no fees shall be collected for examinations made in excess of the

number of examinations prescribed in the schedule of fees hereinbefore provided for. That no person shall use for buying or selling, or for weighing aJ^j^^^'^^g^^^g^'^''^ freight or express matter, any weights, measures, scales, or other p^^^^^l^"^^"TMTM!^^^^^

instruments, unless the same shall have been examined and proved approved by the sealer or assistant sealer of weights and measures. The fact and the date of such examination and approval and the

period for which such examination and approval shall hold good

shall be certified to with the seal of the sealer of weights and measures. Such certificates shall be attached in a conspicuous place to the weights, measures, scales, or other instruments so examined

and approved; and such certificate shall be valid only for such

time as the Commissioners of the District of Columbia shall provide

in the schedule of fees hereinafter provided for: Provided, That condemning false

^1 . 1 . ^ • 1 1 11 ± 1- ji • weights and measures nothing herein contained shall prevent at any time the examination and condemnation of any weights, measures, scales, or other

instruments that may be found defective. The Commissioners of ^"""^ °' tolerance the District of Columbia shall prescribe the amount of tolerance

to be allowed by the sealer of weights and measures, and all weights,

measures, and balances that do not conform to the standards for

weights and measures in this Act provided for within the limit of

tolerance so allowed may be seized by the sealer of weights and

measures, and when so seized shall be destroyed by him, and a

record of the same shall be duly entered on the books of his office. Failure to comply with the provisions of this section, or the use of

any weights, measures, scales, or other instruments described in

this section, before the payment of the fees fixed by the said Commissioners for examinations, shall render the person so failing or using liable to a fine of not more than twenty dollars and costs of

prosecution for each offense, to be recovered in the police court of
74 Laws Concerning Weights and Measures

the District of Columbia; and the said court may make a fiui:her

sentence that the offender be imprisoned in the District jail for

any period not exceeding six months imtil the payment of such fine

and costs.

i_^scc^ lo^as^ amended No persou shall scll or offer for sale anywhere in the District of

True weight a n d Columbia any provisions or produce or commodities of any kind

measure required ^ weight Or mcasurc greater than the actual or true weight or measure thereof; and all provisions, produce, or commodities of

any kind shall when sold by weight or measure, be weighed by

scales, weights, or balances, or measured in measures duly tested

and sealed by the sealer or an assistant sealer of weights and

measures: Provided, That berries, when offered for sale in an original package or basket containing a standard measure, may be

sold in said package or basket without the same having been first tested and sealed; but in no case shall said basket be refilled for use in the sale of berries or produce of any kind whatsoever: And

provided further, That poultry and vegetables, usually sold by the

head or bimch, may be offered for sale and sold in other manner

than by weight or measure; but in all cases where the person

intending to piurchase shall so desire and request, poultry shall be

weighed, as hereinbefore prescribed: And provided further, That

scales reported not in use shall be sealed down, and said seal shall

not be broken except by authority of the sealer of weights and

measures.

lenities Any person who shall neglect or refuse to exhibit his weights,

measures, scales, beams, or other instruments used for the purpose

of weighing or measuring to the sealer or assistant sealer of weights

and measures; or any person who shall use, in buying or selling,

any weights, measures, scales, beams, or other instruments used

for weighing or measuring, which shall have been inspected and

condemned by the sealer of weights and measures, or which, upon

examination, shall not be conformable to the standards in the

office of the sealer of weights and measures; or any person who

shall violate, or fail to comply with, any of the foregoing provisions

of this Act, shall be pimished by a fine not to exceed one hundred

dollars and costs of prosecution ; and the court may make a further

sentence that the offender be imprisoned in the District jail till the payment of such fine and costs: Provided, That such imprisonment shall not exceed the period of six months,

by^act Mar^sfTM^^^"^ That uo pcrsou shall sell, or deliver, any coal, or coke, within

Certificates of weight the limits of the District of Columbia imless at the time of the

of coal required , . , . , r- i delivery thereof to the person m charge oi the wagon, cart, or other vehicle or conveyance used for and in the delivery thereof, a written or printed certificate duly signed by or for the seller,

showing separately the actual weight of said coal, or coke, and the
District of Columbia 75

name of the purchaser thereof, and the weight of the said wagon,

cart, or other vehicle or conveyance, and showing the total weight

of said coal, coke, wagon, cart, other vehicle, or conveyance. And

any person who shall violate or neglect or refuse to comply with

the provisions of this section shall be punished by a fine of not

more than forty dollars : Provided, That all prosecutions under this

Act shall be brought in the police court of the District of Columbia on information filed by the corporation counsel or one of his

assistants.

That no person in charge of the wagon or conveyance used in verifying the weight delivering coal, to whom the certificate mentioned in section °* twelve of this Act has been delivered, shall neglect or refuse to exhibit such certificate to the sealer or the assistant sealer of

weights and measures, or to any person designated by them, or to the purchaser or intended purchaser of the coal being delivered;

and when said officers, person so designated, or such purchaser or intended purchaser shall demand that the weight shown by such

certificate be verified, it shall be the duty of the person delivering

such coal to convey the same forthwith to some public scale of the

District, or to any private scale the owner whereof shall consent to

such use, and to permit the verifying of the weight shown, and

shall, after the delivery of such coal, return forthwith, with the

wagon or conveyance used, to the same scale and verify the weight

of the wagon or conveyance.

That it shall be the duty of the sealer of weights and measures to ||aier to be responsi- inspect, or cause to be inspected and tested, the weight of coal soldp'«.*°' inspecting and or delivered as aforesaid within the District of Columbia, and to sold or delivered take the proceedings necessary to enforce the provisions of this

Act.

That any person who shall violate or who shall neglect or refuse p^enAly to comply with the provisions of sections six, seven, and eight of

this Act, or any person who shall deliver or attempt to deliver coal

of less weight than that set down in the certificate hereinbefore

mentioned, shall be punished with a fine.not to exceed one hundred

dollars and costs of prosecution ; a.nd the court may make a further

sentence that the offender be imprisoned in the District jail until

the payment of such fine and costs: Provided, That the term of

such imprisonment shall not exceed six months.

That all laws and ordinances inconsistent with the provisions of sec. i6 this Act be, and the same are hereby, repealed.

Resolved by the Senate and House of Representatives of the ^^*^^<^app"oye^p|-^ States of America in Congress assembled. That the sealer of weights xitie of seaie°r and measures of the District of Columbia shall hereafter be known

and designated as the "superintendent of weights, measures, and

markets."
76 Laws Concerning Weights and Measures

Penalty

Act, 1896, Pub,

166

Sec. I

No.

Bushel

Webb's Digest, p. ^- It shall Hot be lawful for any person or persons to sell any

reJSed

"^^^ article by dry measure, within the limits of this Corporation, miless

the same shall have been measured in dry measures made to con- form in all respects to the standard measures of the United States

deposited with the Mayor (Commissioners) ; and any person or

persons within the limits of this Corporation selling or offering to

sell by dry measure any article by any other form or size of measure

shall be deemed guilty of an offense against this Corporation, and

shall, upon conviction, forfeit and pay for every such offense a fine

not exceeding five nor less than three dollars, to be collected and

applied as all such other fines of this Corporation are collected and

applied.

It shall not be lawful for any person, under a penalty of five

dollars for each offense, to be recovered in the police court of the

siz^e'te'^d^y measurl"** District of Columbia in the name of said District in the same manner as other fines and penalties are recovered, to use any bushel,

half-bushel, peck, half-peck, or quarter-peck measure unless the same be of the dimensions following, to be measured from inside to

inside, to wit: Every bushel measure shall not be less than fifteen

and one-fourth inches in diameter at the top, fourteen and onehalf inches in diameter at the bottom, twelve and three-eighths

inches deep, and the staves three-fourths of an inch in thickness.

Every half-iDUshel measure shall not be less than twelve and onehalf inches in diameter at the top, eleven and one-half inches in

diameter at the bottom, nine and one-half inches deep, and the

staves at least one inch thick. Every peck meastue shall not be

less than ten inches in diameter at the top, nine and one-fourth

inches in diameter at the bottom, seven and five-eighths inches

deep, and the staves three-fourths of an inch in thickness. Every

half-peck measure, when joined to the peck, shall not be less than

eight and five-eighths inches in diameter at the top, nine and oneeighth inches in diameter at the bottom, four and one-half inches in

depth, and the staves five-eighths inch thick; and every one-half

peck measure, when made separate from the peck, shall not be less than nine and one-eighth inches in diameter at the top, eight and

five-eighths inches in diameter at the bottom, four and one-half

inches deep, and the staves five-eighths inch thick; every quarterpeck measure shall not be less than six and one-eighth inches in

diameter at the top, five and seven-eighths inches in diameter at

the bottom, four and three-fourths inches deep, and the staves

one-half inch in thickness,

h 01 bushel of I'hat when potatoes are sold by weight the lawful weight of a

potatoes bushel of potatoes shall be sixty pounds, under a penalty of five

dollars for each offense, to be recovered in the police court of the

Peck

Half peck

Quarter peck
District of Columbia 77

District of Columbia, in the name of the said District, in the same manner as other fines and penahies are recovered.

It shall be unlawful for any person to falsely represent himself p^'l^-jj^j"^^

3, isw. or herself as being a weighmaster of hay, straw, fodder, or corn, or impersonation of to make, give, or issue any certificate of the quantity of hay, weighmasters

straw, fodder, or corn weighed in the District of Columbia.

That hereafter in the District of Columbia three hundred and l^^^ard barrel of :fifty pounds of corn on the cob shall constitute a barrel and two^oTM

hundred and eighty pounds of shelled corn shall constitute a

barrel : Provided, That nothing in this Act shall be held to prohibit

the sale of corn on the cob by the barrel.

That any person violating any of the provisions of this Act shall

^^^l^^y be deemed guilty of a misdemeanor, and on conviction thereof in

the police court of the District aforesaid shall be punished by a fine

of not more than fifty dollars or imprisonment in the jail of the

District of Columbia not exceeding six months, or both, in the

discretion of the court. All charcoal sold in the city shall be sold by measure or measures,^ „ °'sest p.

1 1 r-i'ttftt r^ 11 -I tT /r\ • • \ ^5" (Ordinance, Apr. the shape of which shall be fixed by the Mayor (Commissioners) iss^)

, 111,1 1 r-1,1 1 Charcoal, how sold and sealed by the sealer of weights and measures ; and any person

selUng or offering charcoal for sale in any other than a prescribed

sealed measure shall forfeit and pay five dollars for each offense,

to be recovered as other fines are. Orders of the Commissioners of the District of Columbia.

Ordered: That the sealer of weights and measures is hereby ^g^g'^f^.f^q-^^^'^^^f'^ directed and empowered to make the follov/ing examinations of all amended scales, weights, and measures in the District of Columbia, and to charge and collect the following fees ; and if any scale or weight be

found that is incorrect or not within the tolerance, it shall be

seized and destroyed or condemned until repaired, in the discretion

of the sealer of weights and measures

:

Scales, spring balance, counter and potato, semi-annually $o. 25 (e^ta^and sealhi^ Scales, counter-platform, under 200 pounds, semi-annually 50 ""^ sea mg

Scales, counter-platform, over 200 potmds, semi-annually i. 00

Scales, platform. Butcher beam, abattoir and dormant, under 2 tons, semi- annually I. 00

Scales, wagon and dormant, over 2 tons and under 15 tons, semi-annually. ... 2. 00

Scales, railroad track, 15 tons to 50 tons capacity, semi-annually 3- 00

Scales, railroad track, over 50 tons, semi-annually 5- 00

All weights sealed (each) ^ 10 All dry measures, size of half bushel or less ('eaf'V Vi 10 AUdrymeasures, over half bushel '-'^'^^'^to" wnom tne 25 All liquid measures of i gallon or less i^tTiCii';. tt'!': . . . . ? 10 All liquid measures over i gallon (each) 25 All yard measures sealed, annually (each) 10

1 2,000 pounds, when sold by weight, constitute a ton. (Opinion of Coporation Counsel, 1905.)
78 Laws Concerning Weights and Measures

Dry measiires of a capacity over one-half bushel

:

I to 25, inclusive (each) So. 25

I to 50, inclusive (each) 20

I to 100, inclusive (each) 15 Over 100 (each) 10 Dry measure, half bushel or less:

I to 10, inclusive (each) 10

I to 25, inclusive (each) 09

I to 50, inclusive (each) 08

I to 100, inclusive (each) 07^

Ice cream measure:

I to 50, inclusive (each) 10

I to 100, inclusive (each) 08

I to 200, inclusive (each) 07 200 or over (each) 06 Liquid measures over i gallon (each) 25 Liquid measures, i gallon or less:

I to 10 measures, inclusive (each) 10

I to 25 measures, inclusive (each) 09

I to 50 measures, inclusive (each) 08

I to 100 measures, inclusive (each) 07

J

Milk can, i gallon or more;

I to 50 cans, inclusive (each) 25

I to 100 cans, inclusive (each) 20 Over 100 cans (each) 15 Milk bottles and jars, glass (each 100 bottles) 50

Order. Aug. 16, 1S97 ORDERED: That SO much of the order of April 23, 1896, as relates

as subsequently , * y ^ j amended to tolcrance to be allowed for pubUc scales and balances, is hereby

Tolerances oa scales - , , -

* amended to read as follows

:

For weighing scales from 50 tons to 150 tons, including all rail- road track scales, not more than 20 omices in excess, nor more than

16 otmces in deficiency in each 2,000 poimds.

Weighing scales from 1 5 tons to 50 tons capacity, not more than

16 ounces in excess, nor more than 12 oimces in deficiency in each

2,000 poimds.

For weighing scales from 3 tons to 15 tons capacity, not more

than 1 2 ounces in excess and not over 8 oimces in deficiency in each

2,000 poimds.

For weighing scales from 1,500 poimds to 3 tons capacity, i ounce in each 25 pounds in excess, nor more than i ounce in each

20 pounds in deficiency.

Weighing scales from 200 pounds to 1,500 pounds capacity, not

more than i ounce in each 30 pounds in excess, nor more than

I otmce in each 25 pounds in deficiency.

All spring balances, counter and platform scales imder 200

pounds capacit;^" more than i ounce in each 60 pounds in

excess, nor mor -icness " ^^^h '^o --^ounds in deficiency.

All weights be^ c-^^ih hv -j- --.-v^e scales shall compare to

standards kept in this office. xSferaJ^V^'papeJ ORDERED : That puTsuaut to the authority given the Commisice-cream boxes sioucrs of the District of Columbia by an act to amend section 9

of an act entitled "An Act to pro\'ide for the appointment of a
District of Columbia 79

Amendment

Order, July 29, 1901

Milk bottles or jars

sealer and assistant sealer of weights and measures in the District

of Columbia, and for other purposes," approved March 28, 1896, to prescribe the amount of tolerance to be allowed by the sealer

of weights and measures, a tolerance of two ounces shall be

allowed in quart paper-box ice-cream measures, with the same

ratio of tolerance for the larger and smaller sized boxes, and that

such tolerance shall be applicable to ice-cream forms and moulds.

Amended to allow a tolerance of one-half ounce in the quart

paper and metal ice cream measures, with the same ratio of toler- ance for the smaller sized measures and for the larger sized to and

including one gallon measures, and, not over two ounces on all measures over one gallon. This regulation to take effect at once on all new measures placed in use, and January first, 191 2, on all measures that have been sealed under the order of July 13, 1904.

Ordered: That the schedule of fees for inspecting and sealing

glass bottles or jars used for the distribution or delivery of milk or cream to consumers, adopted June 17, 1901, and suspended July i and July 10, 1901, is hereby amended to read as follows, to take

effect on and after the first of August, 1901

:

That the glass bottles or jars used for the distribution or delivery

of milk or cream to consumers, that hold, when filled to a level

with the bottom of the cap or stopple, not less than seven ounces and six drams and not over eight ounces and two drams for onehalf pint measure ; not less than fifteen ounces and five drams and

not over sixteen ounces and four drams for one pint ; not less than

thirty-one ounces and four drams and not over thirty-two ounces and four drams for one quart; not less than forty-seven ounces and three drams and not over forty-eight ounces and five drams for

three pints; not less than sixty-three otmces and two drams and

not over sixty-four ounces and six drams for one-half gallon, shall

be sealed as measures and that all dealers in milk who use glass

bottles or jars for the distribution or delivery of milk or cream to consumers shall be charged a fee of fifty cents per hundred bottles geaitaf'"'^^'"'"'^'"* for such inspection and sealing.

That the legal standard ton of coal in the District of Columbia Legl['\^i'4''if'i'tcn shall be two thousand two hundred and forty pounds. * * * of coai The [Inspectors of Dum.ber ^], Inspectors of Wood, [Inspectors order, sept. 29, 1902 of Coal Inspector of Boilers, Inspectors of Flour, Commissioners, supervision of m- of Flour, and the Inspector and Ganger of Spirituous Liquors,

shall hereafter be under the immediate supervision of the Sealer

of Weights and Measures, through whom they shall make their

reports to the Commissioners, and who shall from time to time,

submit to the Commissioners any recommendations looking to the

improvement of those branches of the service he may deem it advisable to make.

spectors

' Amended by later order. (See next paragraph.)
8o Laws Concerning Weights and Measures

tisperto°sof wi^Md The order of September 29, 1902, placing the offices of Inspectors

lumber of Lumber, Inspectors of Wood, Inspectors of Coal, Inspectors of

Boilers, Inspectors of Flom", Commissioners of Flour, and Inspector

and Ganger of Spirituous Liquors under the Sealer of W^eights and

Measures, is hereby modified by transferring the superv-ision of

the Inspectors of Coal and the Inspector and Meastirer of Lumber

who inspects Imnber pxurchased by the District to the Superintendent of Property of the Engineer Department.

webb'sDigLt p 461 shall be the duty of the Mayor,^ annually, about the fourth

Sec. I Monday in Jime, and whenever a vacancy shall occur by death,

urSl'olfi^bfr'^TM^^' resignation, or other^-ise, to appoint, by and with the advice and

consent of the Board of Aldermen, six inspectors and measurers of

lumber, whose duty it shall be to inspect and measure all boards,

plank, joist, scantHng, and tim.ber, brought to, and offered for sale

within the jurisdiction of this Corporation not pre\-iously inspected,

measm-ed, and which have not the measurement m.arked thereon,

in accordance with the laws operative in this city, by a lavi-fully

appointed and sworn inspector and meastu-er, when, as soon as the same shall be sold ; an authentic certificate of which fact shall, in all cases, be fiunished by the seller; and each of the said inspectors

and measm'ers shall, before entering on the duties of his office,

make and subscribe on oath faithfully to discharge the duties of

his said office.

Duties of lumber in shall bc the duty of the inspectors of lumber to cut in legible

spectors figurcs the number of feet contained in each board, plank, ioist,

Board measure scantung,

° or timber,

. by the rule oi board measure, except

^ 11boards

tmder one inch thick, which shall be measured on the surface, and

marked accordingly; all unsotmd, worm-eaten irregularly sawed,

wind-shaken, mildewed, or very knotty boards, scantlings, joist or other timber, or any part thereof, that may be, in the opinion of

the measurer, unfit for use, shall be condemjied, and left out of

the count.

^specter shall not ^^^^o iuspector shall bc permitted to purchase, or appoint any

cep[^orhii private use ^^P^^y ptuchase any lumbcr for him, except for his otvti use, on pain of forfeiting his office.

Compensation The Said inspcctors shall be entitled to receive as compensation

for inspecting, measuring, and marking, the sum of thirty cents

per one thousand feet board measure, one-half to be paid by the

buyer and the other half by the seller.

Penalty for seuing pcrsou or pcrsous buying or selling lumber contrary to this

timber contrary to this act, shall, ou convictiou thereof, forfeit and pay, for every offence,

the sum of twenty dollars to this Corporation, to be recovered as other fines and penalties are by said Corporation.

1 Now Board of Commissioners.
District of Columbia 8i

It shall be the duty of the said inspectors, severally to make Reports returns and report half-yearly to the Mayor, the quantity in square

feet of the several kinds of lumber inspected by him or them.

That all barrels and half barrels containing flour, manufactured Ba^rSriorhiuf; di- within the District of Columbia, or brought to the same for sale,TM^°^'°"^^°'i^^«''""

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 following 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.

That every miller or bolter of flour shall put into barrels the weight of barrels of quantity of one hundred and ninety-six poimds, and into half bar-^""'

rels the quantity of ninety-eight pounds; and if any miller or

bolter of flour shall pack any barrel or half barrel with a less quan- tit^^penauy'for tity 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 containing

flour is falsely tared, to cause the flour to be started and the barrel p^BaireMaiseiy tared; 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.

The Mayor 1 is authorized, on or about the fourth Monday in j^^et^i'lsf

June, annually, to appoint, by and with the consent of the Board lordlrs and measur- of Aldermen, five corders and measurers of wood and weighers of "f cTa'i'^ ^""^ coal—that is to say, one for the Rock Creek district, to measure all Rock creek district wood and weigh all coal landed or sold within that part of the city

lying west of the eastern line of Seventeenth street west, one for

the first Canal district, to measure all wood and weigh all coal First canai district landed or sold on or near the canal between Seventeenth street west and Twelfth street west, and north to the boundary of the

city ; one for the second Canal district, to measure all wood and second canai district weigh all coal landed or sold on or near the canal between Twelfth

' Now Board of Commissioners. 8578°—12 6
82 Laws Concerning Weights and Measures

Anacostia district

Potomac district

Sec. 2 Bond required

Oath

street west and N street south, west of Third street east, and north

to the boundary of the city; one for the Anacostia district, to measure all wood and to weigh all coal landed or sold on or near the canal south of N street south and east of Third street east, and

on or near the Anacostia river; and one for the Potomac district,

to measure all wood and to weigh all coal landed or sold on or near

the Potomac River between the Tiber and Anacostia river.

All wood corders and coal measurers appointed under this act,

previous to entering upon the discharge of their duties, shall each

give bond in the sum of fifty dollars, with surety to be approved by

the Mayor,1 for the faithful discharge of the duties imposed upon

them by law, and shall also take the following oath or affirmation

before a justice of the peace for the County of Washington, viz:

"I, A. B., do swear (or solemnly, sincerely, and truly declare, or

affirm) that I will diligently and truly examine, set up, pack, and

cord all firewood and weigh and measure all coal, or cause the same

to be done in my presence, when thereunto required, according

to the best of my skill and judgment, and according to law, without fear, favor, affection, malice or partiaUty. So help me God."

Said oath or affirmation the person sworn or affirmed shall deposit with the Register of this Corporation.

The Mayor ^ is hereby authorized, in case of the sickness, abcorders and coal meas- seucc Or temporary iuabiUty of either of the wood corders and coal measurers of this city, to appoint suitable persons to perform all the duties of such wood corder and coal measurer during such sickness, absence, or temporary inability; and each and every person

so appointed shall comply with all the requisites of law, and be subject to all the conditions and penalties prescribed in the case of

regularly appointed wood corders and measurers.

Sec. 4, as amended by All wood brought to the city as aforesaid for sale shall be of the

act Apl. 2, 1908, Pub. . . ^ . ' 111-1-

^Method of packing ^ ^^^^ dcscnption—that IS to Say, sound and tree irom decay

and measuring wood Or hollowness, at least four feet in length, including one-half of

the kerf, and not less than two inches diameter at the small end.

It shall be set up, packed, and corded, under the direction of the

District wood corder, and shall be measured by him; every cord of

wood shall be eight feet in length, four feet in breadth, and four

feet in height, well stowed and packed; the straight wood to

be placed together in the lower part of the pile, and the crooked

wood in the upper part of the pile; and the said wood corders

are hereby directed to make the proper allowance for any loss

which may be sustained in the measure of the crooked wood; all undersized, hollow, or decayed wood shall be corded separately

and apart by itself, and sold as unmerchantable. All wood

brought to the city by land shall be subject to the same regulaSec. 3 Temporary wood

Cord of wood

Defective wood

1864

' Now Board of Commissioners.
District of Columbia 83

tions, excepting such as may be sold by the wagon, cart, dray or

sledge load. The wood corders for their trouble in examining and compensation

measuring the same, shall receive nine cents for every cord of '° ^"""^ wood so examined and measured by them, to be paid by the seller of such wood; and the said wood corders shall not cord any wood

not of the length aforesaid, but the same shall be rejected as immerchantable.

If any person bringing or sending any firewood to this city for ^^^^^ neglect to sale shall sell and deUver the same before it has been corded and compiywith this act measured as aforesaid, except as aforesaid, or shall neglect or re- fuse to have the same corded and measured, such person shall forfeit and pay two dollars for the use of the city for every cord of

wood so sold and deHvered ; and if any person or persons shall purchase and receive any firewood brought to the City of Washington for sale, except as aforesaid, which has not been corded, measured, and passed by one of the said wood corders aforesaid, such

person or persons shall forfeit and pay two dollars for the use of

the city for every cord of wood so purchased and received.

It shall be the duty of all wood and coal measurers to make ^^^^^ returns of all the wood and coal measured or weighed by them

respectively along the line of the Canal to the Commissioner

thereof, at such periods and in such manner as he may from time

to time prescribe, with the approbation of the Mayor.

The measurers of wood and the weighers of coal who shall be officers must not appointed in conformity to this law shall not, during their con-^^^^'^^^^°^'"°°^ tinuance in office, deal or trafiic in the aforementioned articles,

under a penalty of twenty-five dollars for each and every such

offence; nor shall any person employed in the service of a wood

or coal dealer be eHgible to the ofiice of wood corder or coal measurer. That hereafter a legal cord of wood in the District of Columbia p^'^'^jjg^pj- shall consist of and contain one himdred and twenty-eight cubic sec.

./ o j Legal cord of wood feet. constituted That all Acts or parts of Acts in conflict with or inconsistent ^^^^ with this Act are hereby repealed in so far and only in so far as they conflict or are inconsistent herewith.

That the Commissioners of the District of Columbia be, and they ^rt, Maj-^^'s, 1906 are hereby, authorized and empowered to make such regulations .Authority of commis- ^ iri e t 11- sioners to make regula- as they may deem proper for the sale of the use of the public tions for; prescribe fees hay scales of the District of Columbia, and to place public weighmasters in charge of such scales when deemed necessary, and to

prescribe the fees to be paid by the persons using such scales to

the said weighmasters for services rendered by them.

' Now Board of Commissioners.
84 Laws Concerning Weights and Measures

s5?''^ei^sta?'D.c' ^^7 straw, which may be sold by weight in the DisNeth^dred weight shall be sold by the net hundred, and every twenty huntor^ sales of hay anddred poiinds net Weight shall be a ton.

Webb's Digest. Act All hay, straw, fodder and oats in the straw brought to and

sold within the District of Columbia, whether in wagons, carts,

de^o^iDl'^idb^weigMP^c^^g^S' bimdlcs, or otherwise, shall be sold by weight and

pubuc hay scales weighed in one of the several scales authorized by law, and the

persons obtaining such scales, in accordance with the following

provisions, shall have the exclusive privilege of weighing all such

hay, straw, fodder, and oats in the straw.

tf i^ , V, No hay, straw, fodder, or oats in the straw shall be sold in the Must be weighed by . . r i \ ^ i ini • i -11

weighmaster District of Columbia unless the sam^e shall be previously w^eighed

by one of the duly authorized weighmasters, and a certificate of

the quantity so weighed obtained, under a penalty of not more

than ten nor less than five dollars for ever)-^ wagon load, cart load,

bimdle, bale, or package so sold, to be recovered of the seller before the police court.

leMi' for absence non-attcndance on the part of the person having

during hours of busi- charge of any of the authorized scales, by reason of which any

person wanting hay, straw, fodder, or oats weighed shall be detained for the space of half hour, the person in charge shall

forfeit for such offense, if it shall take place between the hour of

six A. M. and six P. M., the sum of not more than ten nor less than five dollars, to be recovered as other fines are.

i^eduie of fees Pcrsous entitled to the pri\'ileges of said scales shall be allowed

and receive compensation for weighing every load of hay, straw,

fodder, or oats in the straw, weighing five hundred poimds or

less, ten cents; all loads between five himdred and two thousand

pounds, thirty-five cents; and for each and every bundle or package of the same, two cents, to be paid by the seller; and the

said owner or proprietors shall not receive any other fee under

the penalty of five dollars for each and every offense.

certificate of gross 1^ shall be the duty of the w^eigher of hay, straw, fodder or oats

weight required \^ straw weighed, to givc a certificate describing the gross

weight of the hay, straw, fodder, or oats in the straw, with the

wagon, and all the pieces that are used in securing the same in

the wagon ; also the weight of the wagon and pieces, and the net

weight of the hay, straw, fodder, or oats in the straw so weighed,

and it shall be the duty of the weighers of hay to brand with the

letters W. C. all wagons, carts, or other vehicles used in bringing

hay, straw, fodder, or oats in the straw for sale ; also all the pieces

of wood used in securing said hay, straw, fodder, or oats in the

straw, and to number the same and to place the number in certificate ; in case the wagon shall not be in practice of bringing hay,

the weighers may dispense with the marking of the pieces, pro-
District of Columbia 85

vided the certificate is not given to the wagon and pieces are re-

^j^^^^^g p^^j^. weighed, and whenever any hay, straw, fodder, or oats in theing

straw shall be weighed by the package or bundle, it shall be the

duty of the weigher to allow five pounds of wood to each one hundred pounds of hay; the gross and net weight in the body of the

certificates given by the weigher shall be written at full length,

and shall be set down in figures in the margin of said certificates.

The above articles shall be weighed and sold at the rate of one Hundredweight of hundred pounds for every hundred weight, that in all cases the 100 pounds to be used weigher and deputies shall be sworn, and the weigher shall make

a sworn quarterly return of the true amount received in each

and every quarter, and the amount of each in each quarter, and

the quarters shall be construed to be and terminate severally on

the thirty-first of March, thirtieth of June, thirtieth of September, and thirty-first of December, in each and every year, and if either of the weighers shall fail to make the returns required by

this act for a longer period than ten days after the expiration of

each quarter, it shall be the duty of the Commissioners (Governor) to annul the privilege of said weigher or weighers, and

it shall be his duty also to make any allowance he shall think just on account of the hay, and so forth, being wet, and for each and

every breach of law, not otherwise provided for by either of the

weighers of hay, straw, fodder, or oats in the straw, he shall pay

a sum of not less than two nor more than ten dollars.

The sealers of weights and measures shall quarterly examine

|^/a^ij,jjjg and adjust the hay scales, and shall be paid ^ one dollar by each justing hay scales weigher of hay for such services, and the attention of the police

shall be directed, and they shall be required to note and make

report of all violation of this law.

Annually, on or about the tenth day of July the Commissioners gee 10 /r\ \ 1 11 I- r- 1 1 1 1- • Exclusive right to use (Governor) shall, after at least five days public notice sell to the bay scales highest bidder the exclusive right and privilege of using public

scales, all hay, straw, fodder, and live cattle which may be sold in

said District of Columbia, which said right or privilege shall continue only for the term or period which may be designated at the

time of said sale, but not exceeding two years.

The person or persons who shall be the highest bidder or bid- fl^y^ent of amount ders at such sale or sales, and who shall thereby become entitled o"'><i to said right or privilege, as aforesaid, shall, before entering upon

the duty of weighmaster, deposit to the credit of the general

fund the amount or amounts so bid by him or them, and take and

subscribe to the following oath or affirmation, before some person

authorized to administer the same, to-wit: " I , of the District of Columbia, do solemnly swear (or affirm, as the case may

' Amended in act of Congress, authorizing Commissioners to fix schedule of fees.
86 Laws Concerning Weights and Measures

be,) that I will faithfully, truly, and impartially, according to the

best of my judgment and ability, execute and perform all the

duties of the weighmaster which are or may be prescribed by law;"

shall be filed in the Register's office, and said weighmaster shall

°° also give bond, with two sureties, approved by the Commissioners

(Governor) in the penal sum of two thousand dollars, conditioned

to pay all damages that may be sustained by reason of wilful

omission, refusal, or neglect to discharge the duties of his office,

which are or may be prescribed by law which bond shall also be

filed in the Collectors (Register's) office, and may be sued upon

by any person injured or damaged by such wilful omission, refusal, or neglect.

Legal rates only to be The Said wcighmastcr is authorized to charge and receive for

charged ^j^g Weighing of hay, straw, and fodder, the rate of charge prescribed by law and no more; and for weighing live stock at the

Fees for weighing j-^^g Qj^g c^nt per hundred pounds, which said several fees or

charges shall be paid by the seller, and the said weighmaster shall

not receive any other or greater fees or charges, under penalty of

five dollars for every offense.

Sec. 13 The said weighmaster or weighmasters shall keep the scales in

Scales to be kept in . . • repair all propcr and needful repair during the term or period for which

Penalty tor neglect right or privilege may have been given, and any neglect or omission

to provide for such repairs shall operate as a forfeiture of said

right or privilege, and the same may again be sold for the benefit

of the District of Columbia for the said unexpired period.^

Weight of stock or shall not be lawful for any person or persons to sell or offer

feed must be certified for sale any hay, straw, fodder, or live stock, except horses, mules,

milch cows, and calves, in the District of Columbia, without having

the same weighed as aforesaid, and a certificate of the weight

thereof obtained, under the penalty of five dollars for each and

every offense.

Cut hay to be sold by shall uot be lawful for any person or persons to sell cut-hay in

weight any other manner than by weight, and any person or persons

offending against this law shall forfeit and pay to the District of

Columbia the sum of three dollars for the first, and five dollars for

each and every subsequent offense; all fines to be collected and

applied as other fines forfeited to the District of Columbia.

I'^g'^pgy, AH acts or parts of acts which may be inconsistent with the

provisions of this act be, and the same are hereby, repealed.

' Congress appropriates S200 annually for the care, repair, or removal of scales.
FLORIDA

Whoever knowingly sells by false weight or measure, shall ^

be punished by imprisonment not exceeding six months or by 3715*^^^ fine not exceeding one thousand dollars. seiiing by false ° , , , weights or measures Whoever refuses to have his weights and measures tested, sec.3716^

untested or refuses to pay the fees for the same, or whoever, after his weights and measures weights and measures have been tested, fails to make them con- form to the standard, and keep them conformed, shall be pimished by imprisonment not exceeding sixty days or by fine not

exceeding one hundred dollars. The following standard of weights and measures shall be the Gen. Stats., 1906, p. standard of weights and measures throughout the State : (j^^^) One standard bushel shall contain 2,150^/5 solid inches. One ISndltd bushel and liquid gallon shall contain 231 solid inches. The weights andK^"""* measures shall be as follows :

Lbs. av. per bush. Wheat 60

Corn, shelled 56 Com on cob with shuck 70 Sorghum seed 56 Barley seed 48 Oats 32 Bran 20 Com meal 48 Beans, shelled 60 Beans, velvet, in hull 78 Beans, castor, shelled 48

Millet seed 50 Beggarvveed seed 62

Irish potatoes 60 Sweet potatoes 60 Turnips 54

Lbs. av. per bush.

r\„:^-^^ ..A Weights of legal

^I^^O'IS 50 bushel of certain prod- Salt ooucts Peanuts 22 Chufas 54 Rye 56 Apples, dried 24 Apples, green 48 Quinces 48

Peaches, dried 33 Peaches, green 54 Cotton seed 32 Cotton seed. Sea Island 46 Plums 40

Pears 60 Guavas 54

All contracts hereafter made within this State for work to be scc. 1242 done or anything to be sold or delivered by weight or measure and' ^metsJres'^t^o^ be shall be taken and construed according to the standard of weights "^^"^ TM contracts and measures hereby adopted as the standard of this State. All merchants, commission merchants, grocers, provision cm. stats., 1906, ch. dealers, store-keepers and other persons, before selling or offering ^'

^''\igoi) for sale any grain, flour, meal, grits, corn, wheat, rye, oats, bran, weighuo be marked beans, Irish potatoes, sweet potatoes or peanuts, already put "° ^"^^^ of grain, etc.

1 For convenience in printing a slight change has been made in arrangement of these articles. 87
88 Laws Concerning Weights and Measures

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 poimds

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 hght 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. 3354 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 1243, aheady

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.

i^ws. 1911. ch. 6122 that it shall be unlawful for any person to manufacture, sell,

peiiaity for violation kccp or offcr for Sale, withiu the State of Florida, any article of

food, drugs, medicines or Hquors which is adulterated or misbranded, or which contains any poisonous or deleterious substance

within the meaning of this Act ; and any of the persons who shall

violate any of the provisions of this Act shall be guilty of a misdemeanor, and for each offense shall, upon conviction thereof, be

fined not to exceed One Thousand Dollars, or shall be sentenced

to not more than one year's imprisonment, or both such fine and

imprisonment, in the discretion of the court, and for each subsequent offense, and on conviction thereof, shall be fined not exceeding Two Thousand Dollars, or sentenced to not more than two

years' imprisonment, or both such fine and imprisonment, in the

discretion of the court.

Sees . That the term "misbranded" as used herein shall apply to all

term'"niisbranded" 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 Cotmtry in which it is manu-
Florida 89

factitred or produced. That for the ptirpose of this Act an article

shall also be deemed to be misbranded

* * * In Case of food: * * * Third—If in package form, the net contents of the package are ^^^^g* ^^^g'j'g^'^ not correctly stated in terms of weight or measure, conspicuously,

legibly and correctly, on the outside of the package.

Every bag, barrel, or other package of commercial feeding stuff, Gen. Stats., 1906, ch. manufactured, sold in, or imported into this state, shall have^'*'^'^"'(jpoj)

securely attached, a tag or label, plainly printed thereon, the weight to be marked number of net pounds of commercial feeding stuff in the package, packages of feeding the name, brand, or trade mark under which the commercial

feeding stuff is sold, the name and address of the manufacturer

* * * . The sheriffs of the counties of this state are hereby sheria authorized to authorized, and it is hereby made their duty to seize and sell at|^'j^g^g^^^^"'^'^TM°°'

pubUc sale, each and every bag, barrel or package of commercial

feeding stuffs manufactured, imported into, or sold in this state which shall not have securely attached the tag or label and stamp

mentioned in this section; Provided, That should the owner show

to the satisfaction of the sheriff such tag or label or stamp had been

attached, and the same had become detached, the sheriff shall

release the same without cost to the owner. * * * Doyle's rule and log book for the measurement of saw logs is

^o^^'^l'''*^

' adopted as the standard rule for the measurement of saw logs, ^ U^sg) whether round or square, which are required to be scaled or meas- Doyie-^sraie for meas- ured within the hmits of this state.

uremen o logs Whoever buys or sells any logs or square timber by any other oen^ stats., 1905, ch. measure or scale than Doyle's rule and log book, or if any timber g^//'*^)^^ inspector wilfully makes return of any inspection scale or meas- Penalty urement 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.

GEORGIA

The legal weight of the following articles or commodities per ^oo)

bushel shall be as follows : ^

"Wheat Shelled corn. .

.

Com in the ear

.

Peas Rye

Oats

Barley

Irish potatoes.

.

Sweet potatoes

.

White beans . . . Clover seed Timothy-seed . . Flaxseed Hempseed ....

Blue-grass seed.

Pounds.60

• 5670

60

• 56

32

4760

5560

60

45

• 5644

14

Buckwheat

Dried peaches (unpeeled)

Dried peaches (peeled)

Dried apples

Onions

Stone coal Unslacked lime Turnips

Com meal, bolted or unbolted .

.

Wheat bran

Cotton seed Ground peas

Plastering hair Rough rice

.

Pounds.

5233

• 38

24

578080

5548

2030

25

Sec. 18 Weight per bushel

43 Tan bark per cord 2, 250 Cord

Sec. 1881° Seal

USs3-4, 1S66, 1893)

Sec. 1882 Penalty

The ordinaries must procure for their respective 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. 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 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

suppUed with the necessary standards for testing 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 weights and'measures 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

US53-4)

Sec. 188.5 Selling by deficient

' For convenience in printing a slight change has been made in arrangement of these articles.
92 Laws Concerning Weights and Measures

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 selling by false weights and measures, and shall

be presented by the grand jury as such, if no person appears and

indicts.

it^dards to be pro- ^^^^ Govcmor shall procure standards of weights and measures

cured for each county which does not have them, and they, together

with the marks provided by the ordinary, shall be kept in his office

for the inspection of the citizens.

Ordinary to give no- When such Standards are obtained, it is the duty of such

tice ordinary to give sixty days written notice thereof at the door of

the court-house, and in the public gazette where the sheriff of the

county advertises his sales.

Code, 1911. vol. I, Every barrel of soft turpentine shall be formed of good and

^sec. 1840 sufficient staves, three-quarters of an inch thick, not exceeding

tijS%^uaiity°o^f etc?^°' ^^^^ inchcs widc, 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. 1843 3. All square timbers shall be measured as follows: The length

Timbers shall be countcd 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-third from the smallest end.

Cord of firewood 9- Kvcry cord of firc-wood 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 cotut 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 regulations on this subject as to them shall appear proper

to insure the objects of this section.

{1875, 1876, mg) It shall not be lawful for any scalesmen, salesmen, or other

scaieti*en, weighers P^^son, in any of the cities, towns, or villages of this State, to

o'^cotto^ and others to weigh any bale, bag, or package 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 au- thorized by law to administer it, that he will justly, impartially,

and without deduction, weigh all such cotton and all other arti- cles of produce disposed of by weight that may be shown to him
Georgia 93

for that purpose, and tender a true account thereof to the party

or parties concerned, if so required.

The weigher may, nevertheless, make such deduction for wet, gee '845°

^ X)6QUctions for wet or other cause, as may be reasonable, when the seller or his agent cotton 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 twent5^-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 account

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.

That from and after the approval of this Act, it shall be unlawful j^o.^/^^.^p.'^'g/"''

^'^^ for any person, firm or corporation engaged in the business of

ffg^^^tion of weight buying cotton in this State, as principal or agent, to deduct any pTM'

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 Act, the offender shall be p^^^iity guilty of a misdemeanor and shall be fined in any sum of not

less than twenty-five dollars, nor more than fifty dollars, or imprisoned not less than fifteen days, nor more than thirty days.

Provided, this Act shall not apply to what is known in the trade

as roimd bales, and bales of cotton which weigh less than three

hundred pounds.

That all laws or parts thereof in conflict with this Act are hereby ^epia\

repealed.

The tare to be allowed on rice shall be the actual tare, as nearly code, 1911, voi. i, p. as can be determined, except in cases of the sale of a single tierce, *

sec. 1847 half tierce, or barrel where a tare of ten per centum shall be

allowed, unless otherwise agreed on between the buyer and seller. In other cases where tare is usually allowed, the actual tare, as xa're'on^other articles nearly as the same can be ascertained, shall be allowed, except

What bales not in- cluded

Tare on rice
94 Laws Concerning Weights and Measures

where the seller and purchaser may expressly agree upon a different rule.

1849 , ^ It shall not be lawful for any purchaser or weigher to make any No deduction to be . . r -ir ri made for turn ot scales, dcduction irom the wcigM of any article for or on account of the

draft or turn of the scales or steelyard, under the penalty, for

every such offense, 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.

co'ipOTlt'e authorities 1*^^ Corporate authorities of all cities and towns may make

may make further rules such fvu-thcr rcgulatious 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 said authorities or ordinaries, fees

for weighing shall be such as are now fixed by law.

Code, ija^p.^ 487 It shall be the duty of each and every miller or manufacttirer of

Sec. ikt^^' flour or com-meal (and every merchant or dealer) , offering for

stamped on each sack sale said articles, to stamp or have printed on each sack in which

of flour or com meal

gj^j^gj- Qf ^Q^d articlcs are packed, in plain figures not less than one and one-haLf inches in length, the exact number of poimds of

flour or corn-meal contained therein: Provided, the provisions of

this section shall not apply to grist grotmd for toll,

(/poo) All flour, grits and corn-meal packed in barrels or half-barrels

Flour, grits and com made of any material, or any package made of wood or metal in

marked"^

packed and

^j^j^,]^ flour, grits, or com-mcal 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 end or side of the barrel or package in Hke

manner.

^^''i'^?*- V , Every miller, bolter, blender, or mixer, or other person who Weight m barrels J ' ' ri 1 f j^i and sacks mauufacturcs or who buys flour, grits, or corn-meal for the purpose of repacking, shall put into each barrel the full 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 ninety-six pounds of flour, grits or corn-meal.

When flour, grits, or corn-meal is packed in sacks, the gross

weight shall be as follows: Sacks containing 140 pounds, sacks

containing 280 pounds, half-barrel sacks 96 pounds, quarter-barrel

sacks 48 pounds, eighth-barrel sacks 24 pounds, sixteenth-barrel

sacks 12 pounds, thirty-second-barrel sacks 6 pounds.

variaHons in weight Ffom the Weights abovc specified variations for inaccuracies

will be allowed as follows : On all packages weighing ninety pounds
Georgia 95

or over, an allowance of one-fourth of one per cent., and on all packages smaller than ninety potmds an allowance of one-half of one

per cent., less than the weight specified in the preceding section.

It shall be unla^Alul for any person to pack for sale, sell, or offer sec. 1870 for sale any com meal except in bags or packages containing bymark^

°^ 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 proA'isions of this section shall not apply to the

retailing of meal directly to customers from bulk stock, when priced

and delivered by actual weight or measure.

If any person shall pack fiour in an old barrel which may have

f^^^^^^^gj^yy been marked and branded as aforesaid, and which shall still have floii^" " ^ packing the brand of the inspector thereon, or shall othern-ise fraudulently

pack flour for sale, such person or persons shall forfeit and pay the

sum 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 manvifacturer injvired

by such false packing.

If any scalesmaii, salesman, or other person engaged in the

^ I'^^^i code. 191 1, vol. business of weighing cotton bales, shall charge or receive more ' \iSqo-qi.i8qs) Sec "'7 than ten cents per bale for weighing the same, or charge or receive, nilgai charge for for reweighing any bale of cotton which has once been taxed -t^e^ ^"^^ "^""^ cents for weighing, more than five cents for such reweighing, he

shall be guilty of a misdemeanor.

If any miller or manufacturer of flour or corn-meal, or any mer-^ Penai code. 191 i.voi. chant or dealer offering said articles for sale, shall fail to stamp or" ^issg.isgo-oi)

have printed on each sack in which either of said articles is packed, W e"i g h t s to be in plain figures, not less than one and one-half inches in length, the flour and meal, etc. exact weight of the contents thereof, he shall be guilty of a rois- demeanor.

The preceding section shall not apply to grist ground for toll, nor ll^g^ss^ng to millers, merchants, or dealers, selling flour or meal in quantities

less than a full sack, or in any quantities when sold by weight.

Any person who shall violate section 1870 of the civil code, re- sec. 364^^^' lating to corn-meal, shall be guilty of a misdemeanor. paSSlTM^'

°^ Any person who shall violate sections 1867, 1868 and i86q of the gee. 563

.

. .,-^1 ,. ,. \, . ^ . ri • Flour, grits, and com

Civil code, relating to packing, marking, and weighing nour, gnts.meai. how marked and and corn-meal, shaU be guilty of a misdemeanor. weighed

Any person, firm, or corporation who shall sell cottonseed hulls

in bales or packages, without haA'ing the weight thereof P^^-i^b' ^ef^t°t^b?lti'm"pLd^ stamped or branded on each bale or package, shall be guilty of a misdemeanor.
96 Laws Concerning Weights and Measures

Any person who shall put or cause to be put into any bale of

cotton, vessel of sugar, rice, pork, beef, or other provisions, wool,

Laws, 1906, art. P- 83 Sec. 5 Misbianded

2 ^^°^^^°<i*'' Any baker or other person selling bread under the assize estabsec lished by the corporation of any city, town, or village, or the rules

Bakers and others laid dowu by law, shall bc deemed a cheat, and shall be punished

sellmg under assize - . , ^ as for a misdemeanor.

sel^nlb^

'^^^'^^ person shall knowingly buy or sell by false weights or measures, he shall be deemed a common cheat, and shall be pun- weights and measures ' .

' ished as for a misdemeanor.

Penal Code, 1911, vol. 2 US74)

Putting dirt or rub- or othcr article, prepared for market, any dirt, rubbish, or other

bish mto cotton, ^j^j^^^ puTposc of adding to and increasing the weight or 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.

463. That for the purposes of this act an article shall also be deemed

to be misbrandedv}c vjc sjc a{c *Jc «]c 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.

That every lot or parcel of concentrated, commercial feedingstuff 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

^sprinted statement, clearly and truly certifying the number of net

pounds of feeding-stuff contained therein; Provided, that all con- centrated 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 seventyfive or two hundred pounds each, also the name, brand or trademark imder which the article is sold, the name and address of the

manufacturer, importer or jobber * * * . Sec. 20 * * * Any violation of the provisions of the sections of this

Penalty act relating to feeding-stuffs for domestic animals, shall be pimished by a fine not exceeding fifty dollars, or imprisonment not

exceeding thirty days, or both in the discretion of the court.

Sec. 12 Feeding stufi condimental feed.

Branding

Net

stated weight to
HAWAII

It shall be the duty of the Superintendent of public works to Rev^^L^Ws'^igos p. procure a standard set of weights and measures; and he shall '°i3 11/ r • A • I- • \ 11 1 -1 1 Sec. 2687 annually (or oitener m his discretion) cause all beams, weisrhts and standard weights and

• , 1 • >-r\ • , 11 11- 1 measures and testing measures m this Territory, used by persons selling any goods, oi the weights and wares, merchandise, fruits, vegetables or other commodity, to be ^^^^'^^^ '^^

tested, at the place where used, by such standard weights or measures, and to seal such as shall be found true with the capital

letters T. H. He shall in like manner cause to be tested all stamping

beams, weights and measures which shall be brought to him to be

tested.

The charge for testing any beam, weight or measure, shall be. sec. 2688. as amended as follows: For sealing and marking every beam, fifty cents; for Fees sealing and marking every measure of extension, twenty-five

cents; for sealing and marking every weight, ten cents; for sealing

and marking every liquid or dry measure, ten cents; and a reasonable compensation for making such weights and measures conform

to the standard: Provided, however, that no charge shall be made

for more than two inspections of the same beam, weight or measure, in one year. All fees collected under this Section shall be

paid into the Treasury as Government Realizations.

The standards of weights and measures shall be those adopted, fhesfandard weights and now used, or that may be adopted and used by the United and

^ measles ^^.^e States of America. states Whenever any wheat, rye, Indian com, barley or oats, shall be gee. 2690 1111 1 .1 1 standard weight of sold by the bushel, and no special agreement as to the measure- the bushei of certain ment shall be made by the parties, the bushel shall consist of^"^^"^ sixty pounds of wheat, of fifty-six pounds of rye, of fifty-six

pounds of Indian com, of forty-eight pounds of barley, and of

thirty-two pounds of oats.

If any person shall sell any goods, wares, or merchandise, fruit, pe^^' for selling vegetables, or other commodity whatsoever by any beams, weights, m^easSr^^.'or bSc'^es

'

or measures, that have not been duly sealed, he shall be fined for

each offense a sum not exceeding fifty dollars; and any person

who shall be injured or defrauded by the use of any such beams,

weights, or measures, may maintain an action against the offender;

8578°—12 7 97
98 Laws Concerning Weights and Measures

and if judgment be rendered for the plaintiff, he shall recover double damages, and the costs of suit.

Penalty for altering Any pcrsou who shall wilfully and fraudulently change any

aances beam, Weight or measure after the same shall have been tested

and sealed, shall be liable on conviction, to pay a fine not to

Rev Laws i ch ^^^^^^^ Fifty Dollars for each such offense.

199, p. 1 103 Whoever, in the sale or piirchase of any merchandise or other

falsiweight or meas- property, shall usc any false weight or measure; or cheat another

"TM 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.
IDAHO

The Dain^ Food and Oil Commissioner ^ shall be ex-ofl&cio ^^f^""-

p- inspector and sealer of weights and measures and shall have the

care and custody of the authorized public standards of weights seaW of weights ana and measures. He shall as often as may be necessary prove by ^ such standard all weights and measures, scales and beams, which

may be in the possession of any person, persons, firm or corporation doing business within the state, and shall seal such, when

found to be accurate, by stamping on them the letter " I ", which

seal he shall have and keep for that purpose. He is hereby empowered to enter, during business hours, into any place of business or other places where such scales, beams or measiares are kept or are being used, for the purpose of inspecting and testing the same. The State inspector and sealer of weights and measures shall

receive no compensation for his ser\aces, but shall be allowed

actual and necessary expenses while in the performance of his

duties.

The standard of weights and measures of this state shall agree Uooj)

exactly with the standards recognized and furnished by the United Standards of weights States, imless otherwise provided for in this chapter and shall, for

'"^^^""'^^ the purpose of security and verification, be kept in the custody of

the State sealer and inspector of weights and measures. The standard gallon contains 231 cubic inches.

^ The standard quart contains 57.75 cubic inches. triiits^''of measuie- The standard pint contains 28.875 cubic inches.

The standard gill contains 7.21375 cubic inches.

The standard barrel contains 31.50 gallons.

The standard hogshead contains 63 gallons.

Beer and milk measures shall contain the following capacities :^j.^^"^<i°i'^ TMeas- The gallon shall contain 282 cubic inches; the half gallon shall

contain 141 cubic inches, and the quart one-half as much, and the

pint one-half as much as the quart.

The hundred weight shall consist of 100 poimds and twenty such Hundred weight weights are a ton. A box or packet of apples shall contain 2150.42 box of apples cubic inches.

Any person, persons, firm or corporation who shall use any sec. 1544 scales, beam, weight or measure falsely, or who shall mark or

' Ofifice abolished and duties imposed upon the dairj', food, and sanitary inspector under the state board of health. (Sess. Laws, 1909, p. 232.) 99
lOO Laws Concerning Weights and Measures

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 standard,

or the standards designated in this chapter, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not to exceed

three hundred dollars, nor less than twenty-five dollars for each

offense, or imprisoned in the county jail not exceeding ninety days, nor less than thirty days.

Sec. zsis^^^ '^^^ perch is the standard of measurement of stone masonry and

R.tv'codS^igos^

contains sixteen and one-half solid feet.

Uoos) ^ The State Board of Health shall appoint a dairy, food and saniby ses" Laws'^^gS), p. tary inspector, who shall hold ofiice for a term of two (2) years and

"'"state Board of Health who shall rcccivc a Salary of not to exceed fifteen himdred dollars

Sid^sXtarytas^e'ctOT'* ($1500.00) per aunum. and actual and necessary expenses to be

^^^^ paid monthly from any fund in the State Treasury appropriation

therefor, and the said inspector shall give a good and sufficient

bond in the sum of five thousand dollars ($5000.00) for the faithful performance of his duty, said inspector shall act under the

direction of the state board of health. The State board of health

spIclM''"^'^^^^^"'^'°'may in cases of necessity appoint temporary deputy inspector,

who shall receive not to exceed four dollars ($4.00) per day and

expenses from any fimds appropriated to the State board of health.

Sec. I ile^ai amended * * * Hvcry pcrsou Or corporatiou who shall engage in the

bysess. Laws, 1909, p. i^ygjj^ggg q£ purchasiug or dealing in milk shall attach in a persiwi'Sg*^ capa'ctty^"^^ '^^ ^anent 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

Punishment Or milk vendor or milk peddler, shall be considered a misdemeanor,

and upon conviction thereof the person guilty shall be pimished

as provided in Section 1

1 49 : * * *

Rev. Codes, 1908, p. person, manufacturer, producer, or dealer who refuses to

^•^^ comply, upon demand, with the requirements of the preceding

Violations scctiou, or who shall obstruct the Dairy, Food and Oil commissioner in the performance of his duties imder this chapter, or whoPenaity evcr violatcs any of the provisions of this chapter, shall be guilty

of a misdemeanor, and upon conviction, shall be fined not exceeding one hundred dollars, nor less than twenty-five dollars, or imprisoned not exceeding ninety nor less than thirty days, or both.

Violations ^^^y persou fouud guilty of manufacturing or offering for sale, or

selling, any adulterated, imptire, or misbranded article of food,

drink or illuminating oil, in violation of the provisions of this chapter shall be adjudged to pay, in addition to the penalties hereinbefore provided for, all the necessary costs and expenses incurred

in inspecting and analyzing such adulterated or misbranded

552
Idaho lOI

articles, which said person may have been found guilty of manu- ^a^^articies;TM facturing, selling or offering for sale. And in addition thereto,

such adulterated, impure, or misbranded article, or ailicles, shall

be confiscated and upon the order of any court of competent jurisdiction, the Commissioner shall destroy the same ; Provided, That -disposition of in case the legal disability which exists against such article, or

articles, is one which can be removed by proper labeling, the Commissioner shall sell the same and pay the proceeds into the State

Treasury, where they shall be placed to the credit of the dairy,

food and oil fund.

A false weight or measure is one which does not conform to the _ '^'fr) 11-111 11 riTT'if-^ r ^ • Rev. Codes, 1908, vol. standard established by the laws of the Umted States of America. ^-^^^^ Any person who knowingly sells any goods, wares or merchan- Faise''°4eights and dise, or any valuable thing, by false weight or measure, or know- TMsec"no6 ingly uses false measures at any mill in taking toll for grinding corn, wheat, rye, or other grain, is guilty of a misdemeanor.

Every person who uses any weights or measures, knowing it to |fs'^i^'°^ise weights be false, by which another is defrauded or otherwise injured, is or measures guilty of a misdemeanor.

Every person who knowingly marks or stamps false or short |^tam°p*!ng false weight or measure, or false tare, on any cask or package, or know- '"'eight on packages ingly sells or offers for sale, any cask or package so marked, is guilty of a misdemeanor.

In all sales of coal, hay, and other commodities, usually sold by weight" by ton or the 'ton or fractional part thereof, the seller must give to the pur-^"""'*

chaser full weight, at the rate of two thousand pounds to the ton

;

and in all sales of articles which are sold in commerce by avoirdu- gj^en" ^^^^^^ pois weight, the seller must give to the purchaser full weight, at the rate of sixteen ounces to the pound. An);' person violating

this section is guilty of a misdemeanor.

Every person, association or corporation, or the agent of any per- lraudui°ent scales for son, association or corporation, engaged in the business of milling, J^"/'''"^ ^ assaying sampling, concentrating, reducing, shipping or purchasing ores, who

keeps or uses any false or fraudulent assay scales or weights for ascer- taining the assay value of ore, knov/ing them to be false, every person

so offending 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 year, nor

less than one month, or by both such fine and imprisonment.

Every person, corporation or association, or the agent of any fraudulent alteration person, corporation or association, engaged in milling, sampUng, value of ores concentrating, reducing, shipping or purchasing ores in this State,

who in any manner knowingly alters or changes the true value of

any ores delivered to him or them, so as to deprive the seller of the

result of the correct value of the same, or who issues any bill of sale or certificate of purchase that does not exactly and truthfully
I02 Laws Concerning Weights and Measures

state the actual weight, assay value, and total amount paid for any

Fraud in sale of ore Jot Or lots of orc 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

with another, issues a bill of sale or certificate of purchase that does

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 ptmished as provided in the

preceding section.

sess.^i<aws,i903,p.9i £ach lumbcr inspector shall, in person or by deputy, at the

Measuring lumber rcqucst of any owucr 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 or lumber, 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 which 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 scalement or measurement in all courts, except in favor of

the inspector who made the same.

s^^^

^' Each package of butter offered or exposed for sale shall have

Sec iiiT'^ stamped upon the wrapper or package, the actual number of

Weight of butter ounccs coutaiucd 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 net weight shall contain full thirty-two

ounces.

Sess. Laws. 1911. ch. That, for the purpose of act, an article shall also be deemed to

196, p. 653 .,11 f^-^i-^^ . . be misbranded

^^M.sbranded" de- ^ ^ ^ ^ ^ ^ ^ In

******* case of food:

3. If in package form, and the contents are stated in terms of

weight or meastire, the net weight or measure is not plainly or

correctly stated on the outside of the package.

(,907) The State grain commission consists of three qualified electors

^^Rev. Codes, 1908, p. q£ ^j^g State of Idaho, who are appointed by the Governor to hold
Idaho 103

office for two years and until their successors are appointed and j,y gess^'^kws^TM^^ p'^ qualified, unless sooner removed by the Governor. The commis-^* . „, . ,

• 1 11 1 -1 1 t 1 1 1 • 1 Slais grain commis- sioners shall be appointed each odd-numbered year. Said com-sion

missioners shall take the oath of office required of other state

officers. Two members of said commission shall be farmers

actually engaged in the business of farming and not engaged in the

warehouse business at the time of their appointment, and shall be

selected from different sections of the State. The decisions of a

majority of the commissioners shall be deemed the decisions of the

commission on all questions arising for their consideration. * * * Xhe said commission shall exercise general supervision scc. 1479, as amended over the hay and grain interests of the State, and of the handling, ^g"" inspection, weighing and storage of hay and grain, and of the ch^r^^/^eightag'^aird management of public warehouses, shall investigate all complaints ^""'"^ ^'^'^ of fraud or injustice in the hay and grain trade, and may fix the

charges of public warehouse men.

* * * Xhe said commission shall also establish the neces- sary rules and regulations for grading and weighing hay and

grain, and shall fix the charges for inspecting and grading hay and

grain, and shall make such other rules and regulations as may be

necessary for the enforcing the rules and regulations of this chapter or any law of this State in regard to the same. Upon written complaint filed with the Commission [State Grain ^ ^^^i^

Commission] charging an Inspector of Hay, Grain or Scales with sess. ' Laws, 1911, ch. official misconduct, inefficiency, incompetency, or neglect of duty, '"com'piaint against in- the Commission shall investigate such charge, and if any of such^'^*^'" charges be sustained, shall remove such officer. All scales used in public warehouses, depot scales, street scales, j^sec.^493h.a^enaeted or scales used in stockyards, for the weighing of grain, hay, wool,ch^9^^j^'^^^^

coal, livestock, or other farm commodities, shall be under the con- pot scales, etc., inspec- trol of the State Hay and Grain Commission, and subject to the in-

"""" spection and correction at least once a year by the State Hay and

Grain Inspector or his deputies, and shall be exempt from the

jurisdiction of the Sealer of Weights and Measures. They shall be

inspected at the request of any person interested in any hay, grain,

wool, coal, livestock, or other commodities, 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 re- examined and found correct. The Inspector shall, at least once a year, examine, test and by ^esf^taws"^!*',!^ require to be correct all scales used in weighing hay, grain, wool, "^f^^^^ inspection of coal, livestock or other commodities, at any public warehouse, scales depot, stockyards or other public place in the State, and after

such scale is tested and found to be correct and in good condition,
I04 Laws Concerning Weights and Measures

to issue to the owner or manager of such warehouse, depot, agent,

manager or owner or any such pubHc scale, a certificate authorizing the use of such scales for the weighing of hay, grain, wool,

coal, livestock, or other commodities for the ensuing year, unless sooner revoked by the Inspector. If such scales are found to be

inaccurate or unfit for use, the Inspector shall notify the party

using them, and the party thus notified shall, at his own expense,

thoroughly repair the same before attempting to use them, and

until thus repaired to the satisfaction of the Inspector, the certificate of such party shall be suspended or revoked in the dis- cretion of the Inspector and the party receiving such certificate

shall pay to the Inspector the sum of One Dollar ($i.oo) for each

wagon scale and Fifty Cents (50c) for each platform scale so inspected as herein enumerated.

bif^se^.'^iitsT^M*! person, agent or corporation who shall obstruct any In-

%bstrocting official spcctor in the performance of his official duties by preventing his

proper access to the scales used in the weighing of grain, hay, wool,

coal, livestock, or other commodities, or the inspection of hay,

grain, flour, wool, or other commodities stored in special piles, or

otherwise, or the examination of receipt and shipping books, shall

be guilty of a misdemeanor, and, upon conviction thereof, shall

be fined in a sum of not more than Fifty Dollars ($50) and costs

of prosecution. Any agent of any company or corporation,

manager foreman, or person in the employ of the warehouse under

inspection shall, if deemed necessary by the Chief Inspector or any

of his deputies, re-weigh, in the presence of the Inspector any load

or pile of grain, hay, wool, coal, or draft or drafts of livestock, or other commodities.

b^'^s'^Laws.'^itfi'! Inspector, Deputy Inspector, or Scale Inspector who shall

"^cweiessness in in- kuowiugly or carclcssly inspect any grain or scales, or weigh, grade,

specting and grading, or classify any grain improperly, or give any false certificate of

inspection or weight, or accept money or other consideration,

directly or indirectly, for neglect or improper performance of duty,

or neglect any duty prescribed by this chapter or the rules and

regulations established by the Commission; or any person who

shall improperly influence or attempt to influence any such officer

in the performance of his official duties, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a

fine not to exceed One Himdred Dollars ($100) and costs of

prosecution.

49^IS' I^ hereby made the duty of the prosecuting attorneys of the

Prosecutions various countics of this State, upon proper information being made

before them, to prosecute any person, firm, company or corporation charged with the violation of any of the provisions of this

act.
ILLINOIS

Sec. 2 State sealer to keep

That the weights and measures received from the United States, i^?^j^"j!f

'

and now in charge of the secretary of state, to wit: one yard meas- ^ ure, one half bushel, one wine gallon, one wine quart, one wine pint, standards one wine half pint, one set of avordupois weights, consisting of

fifty, twenty-five, twenty, ten, five, four, three, two and one

pounds, and from eight ounces down to one drachm; 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, together with the three sets of balances, when received

from the United States, shall be and remain, and be used as the

sole authorized public standard of weights and measures. Such weights, measures and balances as m.ay be procured, from

time to time to replace those before mentioned, shall be preserved

in the same form, and of the same dimensions, the denominations of

the weights and measures being marked thereon, respectively;

and they shall be sealed with the seal which is kept for that purpose by the state sealer. All commodities sold by the 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, and of the same

diameter from end to end.

The hundred weight shall consist of one hundred pounds, and

twenty such hundred weights shall constitute a ton. Contracts hereafter to be executed, made within this 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 thus ascertained.

^^^^^ ^^^^ ^ Whenever any of the following articles shall be contracted for, sec.

J"*^'^ ^^'^ or sold, or delivered, and no special contract or agreement shall be produce made to the contrary, the weight per bushel or barrel, or divisible

merchantable quantities of a barrel, shall be as follows :

Sec. 3 Heaped measure

Sec. 4 Measures not heaped

Sec. 5 Hundredweight, ton

Sec. 6 Contiacts

'For convenience in printing a slight change has been made in arrangement of these articles. 105
io6 Laws Concerning Weights and Measures

US4i)

Sec. 8 Penalty

Wheat flour per bbl

.

Wheat flotu- .per ^ bbl

.

Wheat flotir per ^bbl. sack. Wlieat flour per yi bbl. sack. Com meal per bush. sack. Com meal .... per X bush, sack

.

Com meal per }^ bush, sack

.

Stone coal per bush

.

Unslacked lime do. .

.

Com in the ear do. . . Wheat do . .

.

Irish potatoes do . .

.

White beans do . . . Clover seed do. .

.

Onions do . .

.

Shelled com do. .

.

Rye do . .

.

Pounds.

. 196

. 98

• 49

• 24>^

. 48

24

12

. 80

. 80

• 70

, 60

. 60

. 60

. 60

• 57

• 56

• 56

Flax seed per bush Sweet potatoes do .

.

Ttunips do . . Fine salt do .

.

Buckwheat do .

.

Coarse salt do . . Barley do. , Castor beans do . . Timothy seed do .

,

Hemp seed do .

.

Malt do.

.

Dried peaches do.

.

Oats do .

.

Dried apples do .

.

Bran do ,

.

Blue grass seed do.

.

Hair (plastering) do.

Pounds. 5650

55

55

525048

46

4544

38

33

3224

20

148

Sec. 9

State sealer

Duties

Stamping

Sec. 10 County sealer

County standards

Sec. II Duty ot county sealer

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, or barrel, or divisible merchantable quantity

of a barrel, or in selling any of said articles, shall give any less number of pounds thereof to the bushel or barrel, or divisible

merchantable quantity of a barrel, than is allowed by said section,

with intent to gain an advantage thereby, except expressly authorized so to do by special contract or agreement to that effect, shall

be liable to the party injured in double the amount of the property

so wrongfully taken or not given and ten dollars in addition

thereto, to be recovered in any form of action, in any court of

competent jurisdiction.

The secretary of state shall be ex oflScio, state sealer of weights

and measures, and shall have the care and custody of the authorized public standards of weights and measiu-es. He shall try and

prove, by such standards, all weights and measures, scales and

beams which may belong to any county, and be sent or brought

to him for that purpose by the county sealer, and shall seal such,

when found to be accurate, by stamping on them the letter " I,

with a seal which he shall have and keep for that purpose.

The cotmty 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, at the expense of the

county, when authorized by the county board, and not already

provided, a full set of weights and measures, scales and beams,

which he shall cause to be tried, proved and sealed by the state standards, under the direction of the secretary of state. The several county sealers shall try and prove all weights and

measures, scales and beams, when requested so to do; and when

the same are found or made to conform to the legal standards,

they shall seal and mark such weights and measures, with a seal

to be kept by them for that purpose.
Illinois

The secretary of state and each cotinty sealer shall be entitled

to receive for his services, at and after the following rates: For

sealing and marking every beam, ten cents; for sealing and marking measures of extension, at the rate of ten cents per yard, not

to exceed fifty cents for any one measure ; for sealing and marking

every weight, two cents; for sealing and marking liquid and dry

measures, if the same be of the capacity of a gallon or more, ten

cents, or less than a gallon five cents. They shall also be entitled to a reasonable compensation for making such weights and measures conform to the standard established by this act. Every county clerk who neglects to have the standards under lenauy for neglecting his charge compared and sealed as required by this act, or neglects '"'^s' standards to keep the same in good order and repair, or who suffers any of

them, through his neglect, to be lost, damaged or destroyed, shall

forfeit to the county not less than fifty nor more than 200 dollars,

to be recovered before any justice of the peace of the county.

Whoever sells by any other weights, measures, scales, beams le^a,^ or balances than such as conform to such standards, shall forfeit a sum not exceeding $20 for each offense, and when by the custom,

of trade they are provided by the buyer, if he purchases by any

other weights, measures, scales, beams, or balances, he shall be

subject to a like penalty, to be recovered before a justice of the

peace in the name and for the use of the person complaining.

That the standard of analysis for milk in this State as to the g^c. 15

, ^ standard oi analysis ingredients and preparations shall be: Water, eighty-eight perofmiik cent; milk solids, twelve per cent; and such milk solids shall

contain not less than three per cent of butter fat. When contracts are made for milk purchased within this State for delivery

within or without this State no other standard shall be used

except by special contract in writing. (jooo) That the city council in cities, and the president and board of lower of municipal trustees in villages and incorporated towns shall have power to

require all grain, flour, meal, hay, feed, seeds, fruits, nuts, vegetables and non-liquid vegetable 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.

If any person shall knowingly sell by false weights or meas- ^g^^'^^- ures, or shall knowingly use false measures at any mill, in taking g(/*«\ toll for grinding corn, wheat, rye or other grain, he shall be deemed False weights and a common cheat, and, on conviction, shall be fined not less than

I200, and imprisoned not exceeding three months.
io8 Laws Concerning Weights and Measures

2 ^Art v^*^" (55) The city council in cities, and president and the board of

sll''] trustees in villages, shall have the following powers: To provide

cit>- councils 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 * 5!< * public scales,

ess. Laws. 1911, p. * * * That for the purpose of this Act an article shall also

kl^- S ^, u be deemed to be misbranded

Misbraodlag, when

5J9

Third. If in package form and the contents are stated in terms

of weight or measure, they are not correctly and plainly stated on

the outside of the package.

^ssss. Laws, 390s, p. ]gvery lot or parcel of concentrated commercial feed stuffs, as bysess'i%i^^f^p'^^^^^^ scctiou 2 of this Act, uscd for feeding farm live stock,

5^7 '

' 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;

(b) the name, brand or trade mark;

(c) the name and principal address of the manufacturer or the person responsible for placing the commodity on the market; * * *.

FM!d%tufls defined Thc term " concentrated commercial feed stuffs," as used in this

Act, shall include cottonseed meals, linseed meals, pea meals, bean

meals, peanut meals, cocoanut meals, gluten meals, gluten feeds,

maize feeds, starch feeds, sugar feeds, sucrene feeds, and all

oil meals of all kinds, dried distillers' grains, dried brewers'

grains, dried beef refuse, malt sprouts, malt refuse, hominy feeds,

cereline [cerealin] feeds, rice meals, oat feeds, corn and oat feeds,

com, oat and barley feeds, chop feeds, com bran, grotmd beef or

fish, scraps, meat and bone meals, mixed feeds, except as otherwise provided in section 3 of this Act—clover and alfalfa meals,

any mixture of any of the before mentioned substances with each

other or with any other substance, condimental stock and poultry

foods, medicinal stock and poultry foods consisting of or containing any of the substances included as concentrated commercial

feed stuff as defined by this section, patented, proprietary, trademarked stock and poultry foods, and all other materials of a similar

nature intended for stock or poultry, not included in section 3 of

this Act.

ISnl; what not in- ^hc tcrm " conccutrated commercial feed stuff's," as used in this

eluded q^qi^ shall not include hays and straws, the whole seeds nor the

unmixed meals made directly from the entire grains of wheat, rye, barley, oats, Indian com, buckwheat and broom com. Neither
Illinois 109

shall it include wheat bran or wheat middlings not mixed with

other substances but sold separately as distinct articles of commerce, nor wheat bran and wheat middlings mixed together, not

mixed with any other substances, and known in the trade as "mixed feed," nor pure grains ground together unmixed with

other substances.

(y) State inspectors [of mines] are hereby made ex officio sealer ^^^^^^ ^

of Aveights and measures in their respective districts, and as such sec s o 111 1 • I 1 1- state mine mspector are empowered to test all scales used to weigh coal at coal mmes. is ex officio seaier of

-1 . , r • , weights and measures 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 Testing of scales 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 over-hauled and readjusted so as to indicate only true

and exact weights, and he shall forbid the further operation of such

mine imtil such scales are adjusted. In the event that such tests shall conflict with any test made by any cotmty 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, Test weights each State inspector shall be furnished by the State with a complete set 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 custody of the inspector for use at any point

within his district, and for any amoimts 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.

(a) The operator of every coal mine where miners are paid by ^^f^^-

p- the weight of their output, shall provide at such mine suitable and sec. 27

, ^1... ,

. , Operator to provide accurate scales for the weighmg of such coal, and a correct record scales 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 production of said mine.

(6) The person authorized to weigh the coal and keep the record "Weigkman as aforesaid 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 check weighman

weighman at their option and at their own expense, whose duty
no Laws Concerning Weights and Measures

Rev. Stat., 1909

IJ4, p. 1758

(1S71) Sec. 118

ch

it shall be to balance the scales and see that the coal is properlyweighed, 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 accorded every facility for verifying the weights

while the weighing is being done. The check weighman so employed by the miners, before entering 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.

And at the time such grain is received by it for transportation,

such corporation [railroad] shall carefully and correctly weigh the

weightag in — Re- 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,

s^i^age'"^ such corporatiou 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 amoimt 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.

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 amoimt 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

failed 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 market value of such shortage, at the time

and place when and where the same should have been delivered.

At all stations or places from which the shipments of grain by

the road of such corporation shall have amounted dming the

previous year to fifty thousand (50,000) bushels or more, such

corporation shall, when required so to do by the persons who are the shippers of the major part of said fifty thousand bushels of

grain, erect and keep in good condition for use, and use in weighDamages

Evidence—Shortage

Rev. Stat., 1909, ch, 114

{1871, 1877)

Sec. 119 Railroad scales
Illinois III

Weighing

Penalties

ing grain to be shipped over its road, true and correct scales, of

proper structure and capacity for the weighing of grain by car load in their cars after the same shall have been loaded. Such

corporation shall carefully and correctly weigh each car upon

which grain shall be shipped from such place or station, both

before and after the same is loaded, and ascertain and receipt for

the true amount of grain so shipped. If any such corporation

shall neglect or refuse to erect and keep in use such scales when

required to do so as aforesaid, or shall neglect or refuse to weigh

in the manner aforesaid any grain shipped in bulk from any station or place, the sworn statement of the shipper, or his agent having

personal knowledge of the amount of grain shipped, shall be taken

as true as to the amount so shipped. In case any railroad cor- poration shall neglect or refuse to comply with any of the requirements of section first, second and fifth of this act, it shall, in

addition to the penalties therein provided, forfeit and pay for

every such offense and for each and every day such refusal or

neglect is continued the sum of one hundred dollars ($ioo), 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 shall also be required to pay all costs of prosecution, including such reasonable attorney's fees as may be assessed by the

justice before whom the case may be tried.

All persons owning property, or who may be interested in the^^*""- same, in any public warehouse, and all duly authorized inspectors iso^*^^^^ of such property, shall at all times, during ordinary business ^Exammatron^f^g^raui

hours, be at full liberty to examine any and all property stored scales 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 otherwise. 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.
112 Laws Concerning Weights and Measures

xif p'^ ifrf" l^hat there shall be appointed by the railroad and warehouse

Sec i86^**^^ commissioners in all cities where there is state inspection of grain,

^weighmastet — Ap- a State wcighmastcr and such assistance as shall be necessary.

Sec._i87 Said State weighmaster and assistants shall, at the places afore-

" '^^ ° said 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,

li^feel The board of railroad and warehouse commissioners 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 property weighed, or scales inspected and

tested.
INDIANA.

Duties

That the standard weights and measures furnished by the gov- A^s.^igu, ch. 363 emment of the United States in accordance with the joint resolu-^^^^^^^^meas

tion of congress approved June fourteenth, eighteen hundred and

thirty-six, and any additions thereto and renewals thereof certified to by the United States bureau of standards and 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

which all state, coimty and city standards shall be tried, proved

and sealed.

The state food and drug commissioner shall be the state com- gee '

- ° . . . state commissioner

missioner of weights and neasures. the state commissioner of custody of standards- weights and measures shall take charge of the standards adopted

by this article as the standards of the state; cause them to be

kept in a fireproof building belonging to the state, from which

they should 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, 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 a general supervision of the weights, measures and measuring and weighing devices of the state, and in use in the state. He shall upon the written request of any citizen, firm, corporation

or institution of the state, test or calibrate weights, measures,

weighing or measuring devices and instruments or apparatus used

as standards in the state. He, or his deputies or 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 imder the jurisdiction of the state board of charities and he shall report in writing his findings to the

executive ofiicer 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

8578°—12 8 113
114 Laws Concerning Weights and Measures

state and take receipt for the same from his successor in office;

he shall annually during the first two weeks of January 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 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 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,

c^nty or city sealer— '^^^ board of couuty commissioucrs may in their discretion

Salary-Dulles appoint a couuty Sealer of weights and measures who shall serve during the pleasure of the board and shall receive a compensation to be

determined by the board and which shall be paid out of the county

treasury. The board shall provide the necessary apparatus and

supplies for such sealer. The common council of any city may

provide for the appointment by the mayor of a city sealer of

weights and measures and provide for his compensation and for

necessary apparatus and expenses. And such compensation

shall not be less than fifteen hundred ($1,500) dollars per annum

nor more than eighteen himdred (($1,800) dollars per annum in

the case of cities of the first class and not less than twelve hundred

($1,200) dollars per annum nor more than fifteen hundred ($1,500)

dollars per annum in the case of cities of the second class. The

county or city sealer when appointed shall be a deputy sealer

under the direction of the state commissioner of weights and

measures. He shall take charge of and safely keep the county or

city standards. Where not otherwise provided by law, the coimty

or city sealer shall have the power within his coimty 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,

connectd with any or all such instruments or measurements used

or employed within the coimty or city by any proprietor, agent,

lessee or employe in determining the size, quantity, extent or measurement of quantities, things, produce, articles for distribution or consumption offered or submitted by such person or per- sons 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 or city are correct. He may for the purposes above mentioned, and

in the general performance of his official duties, enter or go into

f
Indiana 115

or upon and without formal warrant, any stand, place, building

or premises or may stop any vender, peddler, junk dealer, coal

wagon, ice wagon, or any dealer whatsoever, 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. The cormty or city

sealer shall keep a complete record of the work done by him and

shall make an annual report to his board of coimty commissioners

or to the mayor and an annual report, duly sworn to, not later

than the first of December to the state commissioner of weights

and measures. The county or city 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. The county sealer shall have jurisdiction over the

whole county except as to incorporated cities which have provided

for a city sealer under the provisions of this act. This act shall

not affect the appointment of city sealers appointed heretofore

under any law, but such sealers shall perform the duties of the

office under the provisions of this act. Only those persons shall be eligible to appointment to the posi- persons eligible as tion of county or city sealers, who at the time of the passage of ^^^|{s-P'>'"«^ 0' this act are county or city sealers of weights and measures or who have had recent experience in the duties and work of the

office or who have passed an examination which shall be given

by the state commissioner of weights and measures to test the

abiUty of the person so examined to perform satisfactorily the

duties of a county or city sealer of weights and measures. If it

is evident to the state commissioner of weights and measures

that any county or city sealer 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 sealer of weights and measures. Such removal 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 hearing by the state board of health, not less than two weeks later than the time of

maiUng such notice to said county or city sealer of weights and

measures: Provided, however. That any county or city sealer 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
ii6 Laws Concerning Weights ayid Measures

county in which such county or city sealer of weights and measures resides, and during the pendency of such appeal, such

county or city sealer of weights and measures may serve in his

official capacity. Any county or city sealer of weights and

measures discharged as herein provided, shall be ineligible to hold

the position of county or city sealer of weights and measures for

four years, and the vacancy shall be filled by the proper authorities, as provided in this act.

ilaiuig scales- Whenever the sealer of a city or coimty or the state sealer or

Marking measures j^ig dcputics tcsts and compares scalcs, weights or measures and

finds that they correspond with the standards in his possession

he shall seal and mark such scales, weights or measrues 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.

Police powers The Commissioner of weights and measures his deputies and

inspectors, and the county and city sealers of weights and measures, are hereby made special poHcemen 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 for use as evidence and without formal warrant any false weight, scales, measure, or weighting [weighing] or measuring

device, or packages or amounts of commodities found to be used,

retained or offered or exposed for sale or sold in violation of law.

Interference with offi- Any pcrsou who shall molcst, hinder or obstruct in any way the

cer-Penaity commissioucr of wcights and measures, his deputies or inspectors, or any county or city sealer 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 nor more than two

hundred dollars to which may be added imprisonment in the

county jail for not more than ninety days.

Use or possession of Any pcrsou who by himself or by his servant or as the servant

false measures—Pen- qj- agent of another, shall use or retain in his possession any false

scales, weight or measure or weighing or measuring device or any weight or measure or weighing or measuring device in the

buying or selling of any commodity or thing, or who 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 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 any person who by himself or by his servant or agent, or as the servant or agent of another, shall sell, offer for sale or have

in his possession for the purpose of selling, any false scales, weight

or meastue or any device or instrument to be used or calculated
Indiana 117

Sec. 9 Expenses—How paid

to falsify any weight or measure, shall be guilty of a misdemeanor

and 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 a second or subsequent conviction, he

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.

All expenses incident to the enforcement of this act, including

the purchase of a complete set of standard dry and liquid measures, weights and balances and other necessary apparatus as hereinbefore provided for said office and the salaries of clerks,

inspectors and deputies shall be paid out of the fund provided for

the enforcement of the pure food and drug law, and such money

shall be paid out by certificates issued by the state board of health

and attested by the secretary.

This act shall go into effect on the ist day of January, 191 2. 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-six pounds; of sorghum molasses, eleven pounds to the sec. 10520 gallon; of hay or straw, two thousand pounds shall be given and produce^"^** weights of taken for a ton. A bushel of the respective articles hereinafter and^other^products^'^"" mentioned shall mean the amount of weight, avoirdupois, in this

section specified as follows : ^

Sec. 10 When act in efiect Burns' Ann. Stat.,

908, vol. 3, ch. 133

(1885, i8q7, igos)

Pounds. Wheat 60 Buckwheat 50 Oats 32 Beans 60

Potatoes 60

Clover seed 60 Hempseed 44 Blue grass seed 14 Castor beans 46 Dried peaches 33 Dried apples 25 Onions 48

Salt 50 Mineral coal, mined within this state, or mined without and sold within

this state 80 Timothy seed 45 Rye 56

Pounds Barley Corn meal 50 Cranberries 33

Millet seed 50 Orchard grass seed 14 Malt rye 35

Middlings, fine 40

Middlings, coarse 30 Osage orange 33 Parsnips 55 Sweet potatoes 55 Turnips 55 Pop-corn 56 Shelled com 56 Corn in the ear, seventy pounds, until the first of December next after

it is grown and after that date 68

Weight of bushel

Whoever, when buying or selling by weight, buys or sells any of g^^, the foregoing articles or commodities enumerated in section one of ^n^'oia""" »* act; pen- this act, at a measure differing in weight from the standard of measures therein prescribed and fixed, shall be deemed guilty of a

1 For convenience in printing a slight change has been made in arrangement of these articles.
Ii8 Laws Concerning Weights and Measures

misdemeanor, and upon conviction thereof shall be fined not more

than twenty-five dollars nor less than one dollar.

Sec lo^ff

"^^ different kinds of grain, seeds and articles specified in this

stMdard bushel to be act shall hereafter be given and taken at the several weights afiixed

a legal ten er 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^^ That it shall be unlawful for any person, commission merchant,

urld*^'' 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 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.

Mwii°eroi measuring shall be uulawful to usc 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 act

shall not apply to wheat or grain that is inspected or graded by the

car load under the regulations of any board of trade.

viSiation^f act. pen- P^rson violating the provisions of this act shall be guilty

ally ' of a misdemeanor, and upon conviction, shall be fined in any sum

not more than one htmdred dollars nor less than ten dollars, to which can be added imprisonment in the cotmty jail for a period

not exceeding six months, in the discretion of the judge or jury

trying the same.

laS^vof

1^°"' Whoever knowingly sells, or directs or permits any person in

Sec eie*^''^ employ to sell any property, and makes or gives any false or

Short weight 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 meastue, whereby any per- son may be defrauded or injured,—shall, on conviction, be fined

not more than one hundred dollars nor less than ten dollars,

iliii^^ coal by false Whocvcr kuowiugly sclls and delivers any coal except at the

weight weight and measure prescribed by law, shall, on conviction, be

fined not less than five dollars, nor more than one himdred dollars.

ipS^oi i'^' Whoever packs, brands, or sells, or causes to be packed, branded,

Sec ^2632

^^"'^^ or sold, any salt, beef, pork, flour, tobacco, or hay, in barrels or

Short-weight pack-packagcs, as fuU barrels or 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.
Indiana 119

Whoever alters or erases any brand or mark of any inspector lu'^er^g^ inspector's appointed by proper authority, placed on any barrel of salt, flour, ^^rks beef, pork, or hogshead of tobacco, or other article authorized by

law to be inspected and branded, shall, on conviction, be fined not Penalty less than five dollars, nor more than one hundred dollars. The common council of every city shall have power to enact ordi- (revYs'Sn of"gos) ^voi' nances for the following purposes; 3, p- 5^4 Twenty-second: To regulate the selling, weighing and meas- s6sT^^ uring of hay, wood, coal, coke and all other articles sold by weight ^^^^^^'^^^ powers of or measure; to require dealers to keep honest weights and measures and to provide for inspection of such weights and measures.^

Whoever knowingly constructs, or uses or furnishes to gas con- sec.^^l"''

^" sumers 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. The operator of any mine at which the miners are paid by weight Bums'^Tnn. stat.. shall provide suitable and accurate scales of standard manufacture su^pp- p- for weighing of coal which may be procured from such mines; such operator of mine to 1111 -1 1 TT • 1 r\ 1 1 • 1 provide scales Operator shall be required to keep United States standard weights

to test said scales. At every mine where the coal mined is paid

for by weight it shall be the duty of the weighman and the check- and"ch\^k-Jelgl^an" 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 accurately 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 pecuniarily interested

in the product of such mine : Provided, That if the weighman and

check-weighman shall disagree work may continue until the

inspector of mines can be present, and any erroneous weights settlement of difter- made during such time shall be rectified. When differences 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 inspector of mines, whose duty it shall be to see and

regulate the same at once. The inspector of mines 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 and examination of scales orsc^e?'^

'° apparatus used for weighing coal in or about said mine, including

the bank book in which the weights of coal are kept, to determine

the amount of coal mined for the purpose of attesting the accuracy

thereof.

•This clause does not authorize the establishment of scales in the public streets (City of Tell City v. BUlefeld, 20 App. i, 49 N. E., Rep. 1090).
I20 Laws Concerning Weights and Measures

Whenever the minmg of coal is paid for by weight, the miners

a check-weighman, who shaU be vested with the same rights as described in section nine [sec. 7437] of this act, said check weighman to be paid by said miners.

* * * It shall be the duty of the inspector of mines, 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. The scales

shall be tested by sealed weights; the same shall be furnished to said inspector of mines by the Auditor of State on requisition,

the cost of which shall be audited by the Auditor of State, and

paid out of any money in the State Treasur^^ not otherwise

appropriated. And on inspection, if the scales are found incor- rect and, after written notice by the inspector of mines it shall be

unlawful for any operator to use or suffer the same to be used,

until the scales are adjusted to weigh correctly. The provisions

of this law shall apply to all mines except to mines employing less than ten men * * * , Any willful neglect, refusal or failure to do the things required

violation of the provisions or requirements hereof, or any attempt

to obstruct or interfere with any inspector of mines in the discharge

of the duties herein imposed upon him, or any refusal to comply

with the instructions of an inspector of mines by authority of this

act, shall be deemed a misdemeanor punishable by a fine not

exceeding five himdred dollars ($500) or by imprisonment in the

county jail for a period not exceeding six months, or both, at the

discretion of the court : Provided, that the foregoing shall not apply

to sections in this act which have special penalties provided for

them.
IOWA

The standard weights and measures now in charge of the secre- tary of state, furnished by the government of the United States,

shall be the standard weights and measures throughout the state. The imit or standard measure of length and surface, from which

all other measures of extension, whether they be lineal, superficial or solid, shall be derived and ascertained, shall be the standard

yard now in possession of the secretary of state, furnished by the

government of the United States. It shall be divided into three

equal parts called feet, and each foot into twelve equal parts called

inches, and for the measure of cloths and other commodities com- monly sold by the yard, it may be divided into halves, quarters,

eighths, sixteenths. 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 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 in breadth, six htmdred 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 htmdred equal parts, called links.

The units or standards of weight, from which all other weights

shall be derived and ascertained, shall be the standard avoirdupois

and troy weights, as furnished this state by the United States.

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 hundred

weight shall consist of one hundred avoirdupois pounds, and twenty

hundred weight shall constitute a ton. The troy ounce shall be

equal to the twelfth part of a troy pound.

The imit 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, as furnished this state by the

government of the United States. The inch or gauge of cream

shall be one-half of a standard gallon. The barrel shall be thirty- one and a half gallons, and two barrels shall constitute a hogshead.

The unit or standard measure of capacity for substances not

liquids, from which all other measures of such substances shall be uqtids

Code, 1897, P' 1057

Sec. 3009 Standards

Sec. 3010 Length and surface

Sec. 30H Land measures

Sec. 3013 Weight

Sec. 3013 Capacity

Inch of cream

Barrel

Hogshead

Sec. 3014 Substances not
122 Laws Concerning Weights and Measures

derived and ascertained, shall be the standard half bushel, furnished this state by the United States, and the peck, half-peck,

quarter-peck, quart, and pint measures, for measiuing commodities not liquids, shall be derived from the half bushel by successively

dividing that measure by two.

All contracts hereafter made within this state for work to be

done, or for anything to be sold or delivered, by weight or measure,

shall be taken and construed according to the standard of weights

and measure hereby adopted as the standard of this state,

by Gen°AcS,^TMo^ A bushel of the respective articles hereafter mentioned, will

code^p''7^s

°^ ^°mean the amoimt of weight in this section specified: ^ Bushel by weight Pounds

Sec. 301

5

Contracts, 4ion

construeApples 48

Alfalfa seed 60 Barley 48 Beans 60 Beets 56 Blackberries 30 Blue grass seed 14 Bran 20 Broom-corn seed 50 Buckwheat 52 Canary seed 50 Carrots 50 Castor beans 46 Charcoal 20

Cherries 40 Clover seed 60 Coke 38 Com in the cob 70 Com in the ear, unhusked 75 Corn meal 50 Cucumbers 48 Currants 40 Dried apples 24 Dried peaches 33 Flax seed 56 Gooseberries 40 Grapes 40 Green beans, unshelled 56 Green peas, unshelled 50 Hemp seed 44 Hickory nuts 50 Hungarian grass 50

Kaffir com 56 Lime 80

Millet seed 50

Pounds Oats 32 Onions 57 Onion-top sets 30 Onion bottom sets 32 Orchard grass 14 Osage orange seed 32 Parsnips 42 Peaches 48 Peanuts 20 Peas 60 Pop com in the ear 70 Pop com shelled 56 Potatoes 60 Quinces 48 Radish seed 50 Rape 50 Raspberries 32 Red top 14 Rutabagas 50

R3'e 56

Salt 80 Sand 130 Shelled com 56 Sorghum saccharatum seed 50 Spelt 35 Stone coal 80

Strawberries 32 Sweet com 50 Sweet potatoes 46 Timothy seed 45 Tomatoes 50 Turnips 55 Walnuts 50 Wheat 60 Hen eggs per dozen..

Perch oi mason work The pcrcli of masou work or stone consists of twenty-five feet

Di Stone

Sec. 3018 Hop boxes

Sec. 3019 Superintendent

cubic measure. The standard size for all boxes used in packing hops shall be

thirty-six inches long, eighteen inches wide, and twenty-three and

one-fourth inches deep, inside meastuement.

A superintendent of weights and measures for the state, who

shall possess sufficient learning and mechanical skill to perform

For convenience in printing a slight change has been made in arrangement of these articles.
Iowa 123

Sec. 3020 Duties

the duties of the office, shall be appointed by the governor from

the board of professors of the university, who shall hold his office

during the pleasure of the governor, and give a bond in the penal

sum of five thousand dollars conditioned for the faithful discharge

of his duties, which bond shall be filed with, and it with the

sureties thereon approved by, the secretary of state. He shall have charge of the standards adopted, and keep them

in the building furnished by the state, from which they shall in no case be removed. He shall provide the several counties with

such standards, balances, and other means of adjustment as may

be ordered by them, and as often as once in ten years compare the

same with those in his possession, and have a general supervision

of the weights and measures of the state. He shall procure and

Jceep for the state a complete set of copies of the original standard

of weights and measures, which shall be used for adjusting the

county standards and in no case shall the original standards, be original standards used for any other purpose than the adjustment of this set of

copies. He shall also procure such apparatus and fixtures as are necessary in the comparison and adjustment of county and town

standards. He shall cause to be impressed upon all standards of

weights and measures furnished by him the word "Iowa" and

such other devices as he shall direct for the particular county,

city or town, and the county sealers shall see that, in addition to

the above device, there is impressed upon the town and city

standards such other device as the board of supervisors shall

direct for them.

When the superintendent shall resign, be removed from office, or remove from Iowa City, or when any city, county or town

sealer shall resign, be removed from office, or remove from the

county, city or town in which he shall have been appointed or

elected, the person so resigning, removed or removing shall deliver

to his successor in office all the standard beams, weights and

measures in his possession.

The board of supervisors of any county may, at any regular

meeting, provide for obtaining from the state superintendent of

weights and measures such standards of weights and measures as

it may be deemed necessary for its county, and in case it orders

such standards it shall appoint a county sealer of weights and

measures, who shall hold his office during the pleasure of the

board. The county sealer shall take charge of the county standards and standard balances, and provide for their safe keeping,

and provide cities and towns with such standard weights and

measures and standard balances as may be wanting, and compare

them with those in his possession as often as once every five years.

A sealer of weights and measures may be appointed in any city or town by the coimcil thereof, who shall hold his office during its

Sec. 3021 Delivery to successor

Sec. 3022 Sealer, duties

Sec. 3023 Sealer for cities and

towns
124 Laws Concerning Weights and Measures

pleasure, and it may obtain from the sealer of weights and measures of the proper county such standards of weights and measures

as may be necessary; in case the board of supervisors of a county

in which any city or town is situated has not obtained such

standards, then its council may do so. Each sealer in cities and

towns shall take charge and provide for the safe keeping 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, which shall be brought to him

for that purpose, agree with the standards in his possession.

I^en°ses cxpeuscs dircctly incurred in furnishing the several counties,

cities and towns with standards, or in comparing those that may

be in their possession, shall be borne by them.

Deuvery to successor, "'^ ^^^6 of the death of any sealer of weights and measures, his

pe°a»y 'representatives shall deHver to his successor in office such beams,

weights and measures, and, in case of refusal or neglect to do so, the successor in office may maintain an action against the person

so refusing or neglecting, and recover for the use of such county,

city or town double the value thereof, and in every such action in

which judgment shall be rendered for the plaintiff he shall recover double costs.

ushig° false weights pcrsou shall hereafter use any weights, measures, beams

or measures or Other apparatus for determining the quantity of commodities,

which shall not be conformable to the standards of this state, in

any counties whose standards have been obtained by the board

of supervisors, or in any city or town after such standards have

been obtained therein, whereby any person shall be injured or

Penalty dcfraudcd, he shall pay five dollars for each offence, to be collected

by the county, city, or town sealer, and shall be liable to the

person defrauded in treble damages and costs. Every person

keeping any store, grocery or other place for the sale or purchase

of such commodities as are usually sold by weight or measure, shall, once in each year, procure the weights and measures used by him to

be compared with the standard herein provided, and be subject

to a penalty of five dollars for every neglect to comply with this

provision, to be recovered by any one who shall prosecute therefor.

weighmasters of pcrsous keeping public scales, before entering upon their

public scales dutics as wcighmastcrs , shall be sworn, before some person having

Public scale 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. Every scale shall be a public one for the use of which a charge is made.

c^o r\°e*ct weights, Wcighmastcrs are required to make true weights and keep a corstandard for testing 'rcct register of all weighing done by them, giving the amount of

each weight, date thereof, and the name of the person or persons
Iowa 125

for whom done, and give, upon demand, to the person having

weighing done, a certificate, showing the weight, date, and for

whom weighed. Weighmasters or keepers of pubHc scales kept for

the purpose of weighing stock or grain shall keep a standard of

weight, not less than fifty pounds avoirdupois, for the purpose of

testing such scales, and at least once a month, or oftener, if requested, make a satisfactory test of the correctness thereof.

Any weighmaster or keeper of public scales, violating any of the ||^^3029

provisions of the two preceding sections, shall be guilty of a misdemeanor and fined in any sum not over twenty nor less than five

dollars for each offence, and be liable to the person injured for all damages sustained.

The board of supervisors of each county, as often as may be ^gplc^" shingles necessary, shall appoint one inspector of lumber and shingles, who lumber shall have power to appoint one or more deputies, for whose con- duct he shall be liable. Before any inspector or deputy shall enter upon the duties of oaa.bond his office, he shall take an oath or affirmation that he will faithfully and impartially perform the duties required of him by law,

and each inspector shall give bond, with sureties to be approved

by the comity auditor, in such sum as the board of supervisors may

require, payable to the state, which shall be deposited with the

treasurer of the county, conditioned for the faithful and impartial

performance of his duties; and any person who suffers injmry by Damages

the incapacity, neglect, or misconduct of such inspector or his

deputy may recover damages therefor in an action on such bond,

but such action shall be commenced within one year after the cause of action accrues. The inspectors or their deputies, within their respective coun- fmnes^counterieuing ties, shall inspect all lumber, boards, and shingles, when applied brand to for that purpose, and when inspected, stamp on the same, with

branding irons, made for that purpose, the name of the state and

county where inspected, and the kind and quality of the article

inspected, which iron shall be made and lettered as directed by the

board of supervisors, and every inspector shall make, in a book

kept for that purpose distinct entries of all articles inspected by

him or his deputies, with the names of the persons for whom said

articles were inspected ; and any person who shall counterfeit said

brands or marks or either of them, shall be guilty of forgery, and

be ptmished accordingly.

A shingle shall be sixteen inches in length, four inches wide, ff^^^j-M^j^j^^j^^ half an inch thick at the butt, clear of sap, designated as first and

second quality, and each bundle branded with the quality and

name of the inspector. All lumber shall be divided into four

qualities and designated as clear, first common, second common,

and refusal.
126 Laws Concerning Weights and Measures

clmpensation of su- "^^^ Salary of the superintendent of weights and measures shall

perintendent fifty dollars per aunum.

c^omp'e n s a t i n Each scaler of wcights and measures shall receive the following^

of sealer fees

:

1. For sealing and marking every beam, ten cents.

2. For sealing and marking measures of extension, at the rate

of ten cents per yard, not to exceed fifty cents jfor any one

measure.

3. For sealing and marking every weight, five cents.

4. For sealing and marking liquid and dry measures, five

cents for each measure.

5. He shall also be entitled to a reasonable compensation for

making weights and measures conform to the standards in his

possession.

Sec. 3036 . The inspector of lumber and shingles shall receive

:

Compensation of in- ^ \ . spector of lumber I. For mspcctmg and measurmg lumber, for each thousand

feet, board measure, fifteen cents.

2. For inspecting shingles, for each thousand, fifteen cents.

Ilise°'^eights and If ^^y pcrsou, with iutcut to dcfraud, use a false balance,

measures weight or measurc 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, he shall

be fined not exceeding five himdred nor less than fifty dollars, or be imprisoned in the coimty jail not more than six months,

or both.

||?^5045 The magistrate granting a warrant of arrest imder the preceding section must also direct the seizure of the false weights,

balances or measures, and if the party be convicted, or 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 arising from such sale must be paid into the

county treasmy.

Sec^5J46'^'

^' Person falsely alter any stamp, brand or mark on any

Penalty for aiterin P^-ckagc, box or bale Containing merchandise or produce,

brands, etc. 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 cormty jail not exceeding one year.

fS''^ , If any person counterfeit any mark, stamp or brand of another,.

Penalty for counter- rii i 1 1 1 11 i- felting mark of another or lalscly 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 coimty jail not more

than six months, or both,

fraudufentiy using pcrsou, with iutcut to dcfraud, use any cask, package,

stamped cask, etc. box or bale, marked, branded or stamped by another, for the sale
Iowa 127

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.

Every barrel, bag, parcel or package of flour, containing" one Laws, 19" pound or more, offered or exposed for sale in the state of Iowa,

for use within this state, shall have afiixed thereto in a con- spicuous place on the outside thereof, distinctly printed in the

English language, in legible type not smaller than eight point

heavy Gothic capital letters, a statement certifying the number

of net pounds contained in the package. Any person who shall Fiour, net weight of sell any package of flour which shall be stamped or labeled with

a greater number of pounds net than such package actually

contains, or shall sell flour in any manner contrary to the provision of this section, shall be deemed guilty of a misdemeanor, Penalty and upon conviction thereof, shall be fined in a sum of not less than ten dollars nor more than one hundred dollars, provided,

that in determining the net weight at the time of sale, the reason- able and ordinary shrinkage, if any, may be included.

That the state food and dairy commissioner and liis assistants '^^^^ '9" are each hereby empowered and it is hereby made their duty, to ^ state Food and Dairy

,

. .- i- 1 • t , 1 1 Commissioner and as- make an inspection of scales, weights and measures whereever sistantstoinspectscaies^ the same are kept for use in connection with the sale of merchandise or other commodities sold by weight or measurement, or where the price to be paid for producing or manufacturing any

article or commodity is based upon the weight or measurement

thereof, within this state, and he is hereby authorized and directed

to procure from the State Superintendent of Weights and Measures such standards of weights and measures as may be necessary

to enable him and his assistants to perform the duties conferred

upon them by this act. Whenever complaint shall be made to the state food and dairy sec. 2

,

-"^ . , . . , Complaints of false or commissioner that any false or incorrect scales, weights or meas- incorrect scales, etc. ures 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 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.

If any person engaged in the purchase or sale of merchandise or le^^ty

other commodities 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 or thing upon which such

labor is bestowed, as specified in section one (i) of this act, be
128 Laws Concerning Weights and Measures

found having in his place of business any scales, weights, measure

or other apparatus for determining the quantity of any commodity, which does not conform to the standards of weight and

measurement of this state, shall be guilty of a misdemeanor and

for the first offense shall be fined not less than ten nor more than

one hundred dollars, and for each subsequent offense, not exceeding five hundred dollars, or imprisonment in the county jail not

exceeding ninety days,

^penses, how paid The statc food and dairy commissioner shall pay from the appropriations for his office, any and all expense incurred in procviring the necessary standards from the state superintendent of

weights and measures.

i8^"^p 'n'or

*° Every lot in bulk, barrel, bag, pail, parcel or package of conSe'c o'-^6 centrated commercial feeding stuffs as defined in section three (3)

statement^ of weight [Scc. 5077-a8] of tWs act ; and every parcel, package or lot of

to be affixed to concen- . ,

, , ^ , . .. . /s rr> -i r trated commercial feed- agriculttiral secds as defined m section mne (9) [Sec. 5077-ai4] of

mg stuffs ^j^jg ^^^^ containing one poimd or more, offered or exposed

for sale in the state of Iowa for use within this state, shall have

affixed thereto, in a conspicuous place on the outside thereof, distinctly printed in the English language in legible type, not smaller

than eight point heavy Gothic caps, or plainly written a statement

certifying

:

I . In case of concentrated commercial feeding stuffs

:

First. The number of net pounds of feeding stuff in the pack-

^oncentr'Sed c m - The term couccntratcd commercial feeding stuffs, as used in

defined

*«®<ii°8 ^'"<^nliis act, shall include alfaffa meals and feeds; dried beet refuse;

groimd beef or fish scraps; bean meals; dried blood; brewers

grains, both wet and dry; cerealine feeds; cocoanut meals; corn

feeds; corn and oat feeds; corn, oat and barley feeds; compounds

under the name of corn and cob meals; corn bran; clover meal;

cottonseed meal and feeds; germ feeds; distillers grains; gluten

meals; gluten feeds; hominy feeds; linseed meals; malt refuse;

malt sprouts; meat meals; meat and bone meals; mixed feeds of

all kinds; oil m.eals of all kinds; oat feeds; oat bran; oat flotu; oat

middlings; oat shorts; pea meals; poultry foods; rice bran; rice

meal; rice poHsh; rye bran; rye middlings; rye shorts; starch feeds

and starch factory by-products; tankage and packing house byproducts; wheat bran; wheat middlings; wheat shorts; and low

grade wheat flour; and all materials of similar nature used for

domestic animals; also condimental stock foods; patented proprietary or trade marked stock or poultry feeds claimed to possess

medicinal or nutritive properties or both; and all other materials

intended for feeding to domestic animals. But it shall not include

:

hay, straw, whole seeds; unmixed meals made from the entire

I
Iowa 129

grains of wheat, rye, barley, oats, indian corn, buckwheat, and

broom corn; nor wheat flours nor other flours fit for human

consumption.

The term agricultural seeds, as used in this act, shall include the sec, 5077-314 11 ^ • 1 1 •^ 1 irip Agricultural BBCdsde- seeds of the red clover, white clover, alsike clover, alfalfa. Ken- fined tucky blue grass, timothy, brome grass, orchard grass, red top,

meadow fescue, oat grass, rye grass and other grasses and forage

plants, flax, rape and cereals. That every person, firm or corporation engaged in operating

any railroad within the state of Iowa shall equip the line of its track ^^'^ ^i'o^)

and thereafter maintain thereon in good order, track scales of Track Icaies-where sufiicient capacity to weigh all carloads of coal that may be trans- liacltes ported over the said railroad, and shall weigh the same at the

request of any owner, consignor or consignee of such commodities,

and furnish written certificates 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 of Iowa, and at such

other stations as the board of railroad commissioners shall from

time to time direct.

That every person, firm or corporation engaged in operating any weighSg^ot coai at railroad within the state of lovv^a, over which coal, in carload lots p"?".' w^^ere suipment

, originates shall be transported 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 corporation shall furnish to said shipper a bill of lading showing date and place weighed, also the gross, tare and

net weight for each carload of coal so weighed. The tare weight

shall be determined by using actual weight of empty car at loading station, provided track scales are maintained at such point.

Such coal shall be weighed at destination upon request of con- ^^jI^IS^, destina- signee when there are track scales at such point. If not equipped ""^lupo^ request-fee 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 $1.00 per

car, may be made for such weighing on request.

Cars when weighed on track scales shall be uncoupled, clear and nSw^weiSied unhampered at both ends, carefully weighed by competent weighmen and certificates issued upon request of consignees, showing

gross, tare and net weights.

8s78°-i2 9
I30 Laws Concerning Weights and Measures

Irtoaflcfe evidence 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.

Penalty Any common carrier operating in this state violating any of the

provisions of this act by neglecting or refusing to weigh cars or to

furnish certificates of weights as herein 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

($125.00) for each and every violation,

to Code, fhe owner or operator shall, if the miners are paid by weight,

^bm '06; 1900) provide the mine with suitable scales of standard make, and

sc^es^^d weighers require the person selected to weigh the coal delivered from the

mine to be sworn 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 checkweighman hereinafter provided for, shall be 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 and 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. The miners

employed and working in any mine may furnish a competent

checkweighman, who, before entering upon his duties, shall make

and subscribe to an oath to the effect that he has duly qualified

and will faithfully discharge his duties as 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 seeing

all measures and weights of coal mined and the accounts 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 interfer- ence with the use of such scales, machinery or apparatus. The

owner or agent shall, where the miner is by contract to be paid by

the ton or other quantity, imless 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

poimds to the ton, but no payment shall be demanded for sulphur,

rock, slate, blackjack, dirt or other impurities which may be

loaded or found with the coal. * * * Any person or corporation, or the employee of such person or

ilbcMk test; stand- corporation, who operates a creamery or cheese or condensed

ard tube tor ' milk factory, and uses a chemical milk test to determine the quan-
Iowa 131

tity of butter fat in milk purchased, used or received, shall so use only such tests as shall be clear oil, free from any foreign substance,

and produce correct measurements of butter fat, and every such

person or corporation using a milk test shall procure from the

dairy commissioner for each factory so operated one standard

tube or bottle, and one standard measure or pipette, for testing

milk, certified and marked by him as in this chapter provided,

which shall be kept for inspection by the patrons and used by

such person or corporation in testing or verifying test tubes or

bottles and milk measures or pipettes used. In any action arising between any such operator and patron, the burden of establishing the use of reliable tests and the results therefrom, equivalent to the standard herein provided, shall be -upon the operator.

It shall be unlawful for the owner, manager, agent or employe {igo6)

of a cheese factory, creamery or condensed milk factory to falsely ch. 13, p. 1103 manipulate or under-read or over-read the Babcock test or any MisrSding or ma- other contrivance used for determining the quantity of milk orcj^ai^'lests"*

*^ cream, or to make any false determination of the said Babcock

test or otherwise.

Whosoever shall violate any of the provisions of this act shall, penait""*"

upon conviction thereof, be fined not less than twenty-five dollars nor more than one himdred dollars.

KANSAS

Such standard weights and measiares 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 maybe 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.

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 length designated in this act. The yard is divided into three equal parts called

feet, and each foot into twelve equal parts called inches. For

meastues 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,

1760 yards. The chain for measuring land is 22 yards long, and

is divided into 100 equal parts called Hnks. The acre for land measure shall be meastued 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.

The units of standards of weight, from which all other weights

shall be derived and ascertained, 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.

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 measme by two.

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 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.

(iqoq) Gen. Stat., 1909

Sec. 9738

State standards

Sec. 9739 Units of length and

surface measure

Yard; foot; inches

Rod; pole; mileChain; link Acre

perch;

Sec. 9740 Units of weight Hundredweight; ton

Sec. 9741 Units oli dry measuie

Sec. 9742 Units of liquid measure

133
134 Laws Concerning Weights and Aleasures

liectrufai measures 1"^^ Standards of elcctrical measures recognized by the National

Bureau of Standards when procured by the state shall be the

standard of electrical measures in the state of Kansas.

lietnc'^eights and The wcights and measures of the metric system shall be legal

measures weights and mcasurcs in the state of Kansas.

Sec. 974S as amended That thc State Board of Health shall be charged with the duties by Laws, igii.ch. 334. r r • , i

. . e • ^

p. 595 oi eniorcmg the provisions of this act.

w^rghtTp°r°blrrei That mill products hereinafter mentioned shall have only the

and per bushel 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

weight. The net and gross weight shall be as follows

:

Barrels of wheat and rye flour, in wood, one hundred and ninetysix pounds net; Half barrels in wood, ninety-eight pounds net; Half barrels in cotton sacks, ninety-eight pounds gross;

One-fourth barrels in cotton sacks, forty-eight pounds gross;

One-eighth barrels in cotton sacks, twenty-four pounds gross;

One-sixteenth barrels in cotton sacks, twelve pounds gross;

Corn meal in sacks, thirty-five pounds 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 himdred pounds per sack gross. And the following articles, per bushel:

Pounds. Wheat 6o Rye. 56 Indian com, in the ear 70

Kaffir corn 56 Rice com 56 Com, shelled 56 Sorghum seed 50 Buckwheat 50 Barley 48 Malt 32 Oats 32 Beans 60 Clover seed 60 Hungarian and millet seed 50 Potatoes 60 Sweet potatoes 50 Tumips 55 Flaxseed 56 Onions 57

Poimds. Salt 80

Castor beans 46 Hemp seed 44 Native bluegrass seed 14 English bluegrass seed 22 Timothy seed 45 Dried peaches 33 Dried apples 24 Green apples 48 Unslacked lime 80

Plastering-hair, unwashed 8

Plastering-hair, washed 4

Parsnips 50

Carrots 50 Beets 56 Tomatoes 56 Peaches 48 Shelled dried peas 60

Alfalfa seed 60

ointracts, how con- -^^^ contracts, salcs 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
Kansas 135

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.

All dry commodities not otherwise specified in this act shall be Di^coSinodiHes.how sold only by standard dry measure, standard weight, or numerical soid count, except where parties otherwise agree. Berries and small fruits whenever sold in boxes shall be sold in t^'^l^^f^^jf

^'^"^ boxes containing standard liquid quart or Hquid pint, and if said ^^"^ capacity boxes contain less than this amount, the information must be given

to the purchaser by such package being labeled with a statement to be labeled, when of the net contents.

All milk or cream that shall be sold in bottles shall be sold onlv MUil^d other uquid

in bottles containing half-pints, pints, quarts, half-gallons, or

gallons. All other Hquid commodities shall be sold only by standard liquid measure or standard weight, except where parties

otherwise agree. A loaf of bread for sale shall be two pounds in weight. Bread, Bread?weighto!;how

unless com.posed in chief part of r^^e or maize, shall be sold only in^"'"^ whole, half and quarter loaves, and not otherwdse. Bread, when

sold, shall, upon the request of the buyer, be weighed in his pres- ence, and if found deficient in weight, additional bread shall be

delivered to make tip the legal weight, except that this section

shall not apply to rolls or to fancy bread weighing less than one- xo be labeled, when quarter of a pound. Every loaf, hah'-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.

A print or package of butter shall contain sixteen ounces avoir- |^tt|/'^eight oi dupois, and when a print or package of butter containing less than to be'iabeied, when 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.

A person who, by himself or by his serv^ant or agent, or as the use oPiise weight or 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 ofi'ers 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
136 Laws Concerning Weights and Measures

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 deUvery of any commodity or article of

Prima facie evidence merchandise shall be prima facie evidence of representations on

the part of the vendor that the quantity sold and deUvered 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 by

Tolerance vcudor Until the Selling of the same; a slight variation from

the stated weight, measture or quantity for individual packages is permissible, provided this variation is as often above as below the

weight, measure or quantity stated.

^te'seaier, •trtio is 'The chancellor of the University of Kansas, at Lawrence,

shall be ex officio state sealer of weights and m.easures (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

Duties oi ^jjg state under section i [sec. 9738] 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 Bmeau 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.

itate^'seaiei may try '^^^ statc scalcr may try and prove weights, measures, balances

^"J^pprove apparatus and other measuring devices on request for any person, corporation or institution, and when the same are found or made to con- form 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.

^=^^9^55 The state sealer shall keep a record of all of the weights, measures, balances, or other measuring devices sealed or condemned

Report,to whom made by him, and shall make an annual report to the governor, on or before January i , of each year, a copy of which shall be filed with

the National Bureau of Standards. He shall issue from time to
Kansas 137

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.

The state sealer may appoint a deputy state sealer, who shall Deputyfappointment 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.

The county clerk of each county shall be the sealer of weights lo^in'Jderk is county and measures for the county, and shall have the care and custody seaier_^^ 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.

Sets of standards for county and local sealers, if procured, shall ItandlrLfor county include the following 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 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 weights in the following number and

denomination: One eight-ounce, one four-ounce, one two-ounce,

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 the same are to be tested. One equal-arm balance

of capacity of fifty pounds to one-sixteenth of an ounce. The several county and local sealers shall try and prove all count"ln<iiocaiseai- weights, measures, balances and measuring devices when requested®"' ^""^^ °' so to do, and when the same are found or made to conform to the

authorized standards they shall seal and mark such weights,

measures, balances and m-easuring 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
138 Laws Concerning Weights and Measures

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 con- demned in a conspicuous manner, and such condemnation mark

shall not be removed or defaced except by authorization of the

said inspector or sealer,

county'^cierk neglect- -^^7 couuty clcrk who ucglccts to kccp the Standards tmder his

ing standards 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

Penalty for 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. Each sealer of weights and measures, including the county clerks,

shall receive fees as follows: One dollar for inspecting or seaUng

each platform scale, if weighing five thousand pounds or more,

and fifty cents if weighing less than that amount, and shall be

entitled to collect from the owner or custodian of such platform

scales 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 every 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 every weight, five cents. For sealing or marking liquid or dry measures, ten cents for each measure. He shall

have a reasonable compensation for making weights and measures

„„vf'./?L?

not to re- couform to thc Standards in his possession. The state sealer shall

quire fees of county or , ^

city 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 treasury, as the case may be.

§e<^-,9762 All state, county and local sealers, or their deputies and other

Sealers, powers of . . , 1111 rii authorized inspectors of weights and measures, 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 purposes of trade, for the purpose of inspecting, adjusting and sealing

demeanwTM^'

'^'^^ or Condemning the same. Whoever hinders, obstructs, or in any

way interferes 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 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.

Penalty for and upou couviction thereof shall be subject to a fine of not less than five dollars nor more than one htmdred dollars.
Kansas 139

Any state or local sealer or deputy who shall seal any weight, slaimt and con- measure, balance of measuring device before first testing and '^'^s'l making the same conform to the authorized standard, or who shall

condemn any weight, measure, balance or measuring device without first testing the same, shall be deemed guilty of a misdemeanor,

and upon conviction thereof shall be subject to a fine of not less Penalty than five dollars nor more than one hundred dollars.

The several county and municipal sealers and other persons

^^^^f^^* authorized to inspect weights and measures shall keep records of

all weights and measures, balances and measming 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.

Any city or municipality in the state may establish a depart- cft?ellidmunicipaii- ment of public inspection of weights and measures, and shall have'^^? may appoint sealer

i 1 o y and deputy, etc. 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 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 ^^P^^ standards to be and sealed under the direction of the state sealer, and shall be

returned to him for verification at least once in every five years. The county or local sealer who may have reason to believe that sec.9766 ' . . . Sealers may try any weight, meastire, balance or measuring device used m trade weights, etc.. when

is inaccurate, or not according 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.

It is hereby made the duty of the State Board of Health, and its lute'soMd of Health several food and drug inspectors, to cooperate with the state and '°'^'"'p^''^'e with sealers 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 stand- st^dards"^'"^*

^^'^ °* ard apothecaries' weights and measures, and cause the same to be

proved and sealed by the state standards under the direction of the
140 Laws Concerning Weights and Measures

Evidence in court

Sec. 9768 Acts repealed

state sealei", 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 action.

That an act entitled "An act regulating weights and measures,

" approved March 2, 1868, as amended by chapter 167 of the Laws

of 1886 and chapter 208 of the Laws of 1877 and chapter 280 of the

Laws of 1897, being sections 7920 to 7931, both inclusive, of chapter 1 16 of the General Statutes of Kansas of 1 901, be and the same

is hereby repealed; provided, however, that where any penalty

has been incurred or any proceeding commenced under or contract

made by virtue of the statutes sought to be repealed, it shall

remain in force as to such penalty incurred or proceeding com- menced or contract made.

Gen. Stat., 1909. ch. Whenever any of the following named articles shall be conI2S, p, 2109 /% * US85) tracted for or sold or delivered by wholesale or in the original packweilht of gallon of age withiu the state of Kansas, and no special contract or agreement shall be made to the contrary, such sale and all such computations for payment and settlement therefor shall be by weight.

The weight per gallon shall be as follows : ^

various oils

Pounds. Naphtha

Kerosene oil hyi

Paraffine oil 7X

Castor oil 8 Olive oil 7|4

Linseed oil, raw 7^

Linseed oil, boiled •]%

Menhaden oil ^}4

Pounds. Cod liver oil 7K

Whale oil 71^ Lard oil •]%

Neat's foot oil 7>^ Sperm oil 7X

Turpentine 7 Miners' oil 7X

Gasoline 7X

Sec. 9770 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 to the gallon, than is allowed in said section,

with intent to gain advantage thereby, except 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 property so wrongfully taken or not given, and ten dollars

in addition thereto, to be recovered in any court of competent

jurisdiction.

Sec 9',\T^^ Every sale of grain, seed, hay or coal shall be deemed to be

w^giit^o^^"rain°et'J°TMTM^^^ basis of tlic actual weight thereof, imless a different

Penalty ' ' basis is established by the express agreement of the parties to the

transaction. Any purchaser of grain, seed, hay or coal who, with-

• For convenience in printing a slight change has been made in arrangement of these articles.
Kansas 141

Sec. 9772 Penalty

out express agreement with the seller thereof, shall knowingly

deduct any quantity or amount from the actual weight or measure

of the article purchased, and withhold payment therefor imder

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 twentyfive dollars nor more than one himdred 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.

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 purchase-price of the

quantity so deducted, without the express agreement of the seller thereof, such seller may recover from such purchaser three times

the amoimt so withheld, together with reasonable attorney's fees,

to be taxed in each court in which the action may be brought or to which an appeal may be taken.

^'^The mayor and council shall have the care, management and

control of the city and its property and finances; and shall have

power to enact ordinances 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, modify and repeal such ordinances.

I'^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 m.ay 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 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 ; and to provide

for the inspection and condemnation of coal-oils, 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 law or ordinance.

The mayor, by and with the consent of the council, may appoint a city engineer * * * weighmaster, inspector, and weigher

of produce, * * * and such other officers, servants and appointment of employees as they may deem necessary for the best interests of

the city, but no such officer shall be appointed until his -term of

office and salary shall have been fixed by ordinance; * * *.

Gen. Stat., 1909

(1903. 1909) Sec. 883 Powers of city counci

Sec. 919 Weights

ures and measGen. Stat., 1909, p. 220

(.1903, 1909) Sec. 952 Weighmaster,

' Applicable to cities of the first class.

' Similar powers are vested in the board of commissioners of cities governed by the commission form

of govermncnt.
142 Laws Concerning Weights and Measures

The term of all elective or appointive officers shall be two years

and until their successors are qualified, except as otherwise herein

provided, or as may be hereafter provided by ordinance: Provided,

in case of an appointment to fill a vacancy such appointee shall

only serve for the remainder of the term for which his predecessor

was elected or qualified.^

Gen. stau^i w.p-335 Thc cotmcil may prescribe rules for the weighing and measuring

Sec. 1402 of every commodity sold in the city in all cases not otherwise Powers of council; - enforce weighing of au provided for by law, and may provide for tlie inspection and

commodities sold . 1.1 • r i 1 r t weighing 01 hay, gram and coal, the measuring oi wood and fuel,

and determiine 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.

sec.irsf*^^ III addition to the other powers provided by law, the mayor

citte's'^of'th£d'c°^s couucil of citics 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.

^^^^en. ta ., 1909, p. 'j']-;gj-g shall always be kept at a public mill by the owner and

Sec. 4956*''^^ occupier thereof a half-bushel and peck measure, tried and sealed

Measures at mills |-jy ^1^^ proper authorities, and also proper toll dishes for the

same; * * * _ "^^"^ ^Ifsgg]^ If any person, company or corporation doing business in Kansas

Iraul^L weight oi shall make any agreement, expressed or implied, or by any imderstanding or combination with any person, company or corporation within or without the state, by which any shipper of seeds,

grains, hay or live stock is defrauded out of any portion of the

net weight of any consignment of grain, seeds, hay, or live stock,

all such agreements or combinations are hereby declared to be in

Penalty 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

Gen Stat i ^'^^ excccding one thousand dollars for each offense.

' ^^^"^

" It shall be unlawful for any mine owner, lessee or operator of

Sec. 5022 coal mines in this state, employing miners at bushel or ton rates

^Weighing of coal at other quantity, to pass the output of coal mined by said miners

' Applicable to cities of the first class. ^ Applicable to cities of the second class.
Kansas 143

Sec. 5023 Weighman, oath

Penalty for violation

Sec. 5024 Check-weighman

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.

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 accord- ance with the provisions of section one of this act. Said oath or

affirmation shall be kept conspicuously posted in the weigh office,

and any weigher of coal or persons who shall knowingly 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 twenty-five nor more than one hundred dollars

for each offense, or by imprisonment in the coimty jail for a

period not to exceed thirty days or by both such fine and

imprisonment.

The miners employed by or engaged in working for any mineowner, 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 shall be subject to the same oath and penalties as the regular weighman.

Any person or persons having or using any scale or scales for

the purpose of weighing the output of coal at mines, so arranged "se of scales 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.

That the secretary of mine industries of the state of Kansas shall ^pj'^"- be ex officio inspector of weights, measures and scales used at coal J^w)

mines, and he or his deputies are hereby empowered, and it shall be inspection of scales at 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

Sec. 502s Penalty for fraudulent
144 Laws Concerning Weights and Measures

112

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 ovmer, agent or operator shall

Penalty deemed guilty of a misdemeanor, and upon conviction thereof

shall be fined not exceeding five hundred dollars, or be confined in

the cotmty jail not exceeding six months, or both, in the discretion

of the coiirt ; and it shall be the duty of the prosecuting attorneys

in the respective counties to prosecute any person, firm or corporation violating the pro^dsions of this section, the same as in other

misdemeanor cases.

Gen. Stat., 1909, p. It shall bc unlawful for any individual, firm or corporation to

U907) sell, offer for sale or deUver for use at any coal mine or mines in the

Weight'of packages of state of Kansas, black powder in any manner except in original

black powder packages Containing twelve and one-half pounds of powder, said

package to be secmrely sealed; * * * Provided, however, this act shall not be construed as in any manner conflicting with any

existing contract of sale of black powder.

^^apo7)°''^'^ « * * That any person who shall sell, keep for sale or offer for

« . . sale, * * * any article of food * * * which is adulterPenalty lorofiermg for . sale misbranded food atcd Or misbrandcd, within the meaning of this act, shall be guilty

of a misdemeanor, 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 ^308^' '^^^ * * * That for the purpose of this act an article shall also be

Misbranding of (deemed to be misbranded— * * * in the case of foods : third,

weight on packages of. food it la package form, and the contents are stated m terms oi weight, measure or quantity, the net weight, measure or quantity is not

plainly and correctly stated on the outside of the package. * * *

^{f^^ig'ol^Qu)"^'' ^'-'^ purposes of this act concentrated feeding-stuffs are deh^k^fi^i^h'z^i ^^^^^^ materials sold, offered for sale or held for sale within

p. 307 ' ^ the state of Kansas and designated for the nutrition of animals of

Concentrated feed- r- ^ ^-i i 1 ^• j. j j_ • • ing-stuf£s defined any spccics, if such materials have been subjected to any mixmg

process or subjected to any process whereby the composition of

the original material is altered. Condimental feeds, medicated

stock foods, medicinal stock foods, stock food tonics, stock powders, condition powders, conditioners, animal regulators, proprietary feeds, proprietary medicines, or any preparations of like

nature, are hereby expressly designated as coming under the provisions of this act, and all forms of animal fife except man are included under the term " animals." The term " brand," as used in

this act, is to be taken to mean: first, the name, trade mark, or other designation under which a concentrated feeding-stuff is sold;

and second, the feeding-stuff itself.
Kansas 145

Every sack, box, carton or other package of concentrated feed- sec.3?cS!asamluded ing-stuff offered or held for sale or sold within the state of Kansas ^^^^"^^^ shall bear a distinctly printed and conspicuous label in the English ^^^^^^"^^^^^^-^^^ language, which shall state the * * * net weight of the pack3,^G ^ ^ That a department of record for the inspection and weighing of '^en.stat^,_r909.p.764 grain is hereby eatablished, to be called "the state grain inspec- Gram^taspection de- tion department." Said department shall have full charge of the P^rtme'it ^stabushed inspection and weighing of grain at all railroad terminals, pubUc

warehouses, or other points within the state wherever the business

transacted will, by the fees provided by law, pay the salary of an

assistant inspector and weighmaster, or v/herever, 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 amotmt equal to the whole revenue

obtained at such a place.

It shall be the duty of the governor to appoint a suitable person, IppoiAtaieat of chiei to be confirmed by the senate, who shall be known as the chief ""^p^^"''^ inspector of grain for the state of Kansas, whose term of service as such shall continue for two years from date of his appointment,

unless removed for cause. Said inspector shall not, directly or

indirectly, be interested in buying or selHng 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 account during his term of office. It shall be the duty of the chief inspector to have a general Duties 0' inspector supervision of the inspection a.nd weighing of grain, as required by

this act or the laws of the state; to supervise the handling,

inspecting, weighing and storage of grain; to establish necessary

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

inspecting 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.

The chief inspector shall be authorized to recommend to the Gen.stat..i909.p.764

. 1 1 ... . , . {1007)

governor a suitable person as supervismg inspector m each city, Sec. 3331 Y 1 1 11. 1 Duties ot supervising town or place m the state where one or more public warehouses and asst. wei«hmasters may be doing business under the law, whose duty it shall be to

visit daily the elevators and railroad tracks, supervising all 8578°—12 10
146 Laws Concerning Weights and Measures

inspections, with a vicAV to securing uniform inspection of grain.

The chief inspector shall be authorized to recommend to the

governor a suitable person as supervising weighmaster in each

city, tov.n or place in the state where one or more public warehouses may be doing business under the law, whose duty it shall

be to visit daily the elevators and tracks, supervising all weighmasters, inspecting scales, and the loading and imloading of grain,

with a view to securing correct weights on ail grain weighed by the

department. The chief inspector shall be authorized to recom- mend 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 the

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.

Gen. Stat., I909.P.770 * * * aud all scalcs used for weighing of property in public

Sec. 3357^^ warehouses shall be subject to the examination and test by any

ho^s? scales "^"""duly authorized inspector, weighmaster or sealer of weights and

measures at any time when required by any person or persons,

agent or agents, Avhose property has been or is to be weighed on

Fees such scalcs, and the fee for said test shall be paid by the parties

making such demand if the scales are foimd correct, and by the

Penalty tor use of In- warchousc proprietor if found incorrect. Any warehouseman

correct scales 1 ^l r ^

• • j_ \ e ^

• who may be guilty of contmumg to use scales found m 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.

(J9«i) That any shipper of grain, which grain has been weighed by the

Weight' to be fur- grain iuspcction department of this state, may, on request in

mshed shipper writing to the chicf inspector and enclosing a stamp for reply,

receive, and it shall be the dut}' of the chief inspector to furnish

such shipper, free of charge, the weight of any such grain, by for- warding to him promptly a statement showing such weights: Provided, That such written request shall set forth the number and

initials of the cars, the weights of which are so desired.

Gen. Stat., 1909, p. That cach and every railway company operating a railway wholly

US93) or partly within this state shall, on or before the first day of July

Sec. 7098 ^ j~) 18^2, 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 himdred cars or more of grain and seeds during the year

1892.

151S

Track scales
Kansas 147

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 an)^

railway company may elect to accept the weights of any pubhc

weigher, or the weights of the shipper, and shall have the right to

demand that the weights of such shipper shall be verified by affi- davit; 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. At stations not entitled to car scales by the provisions of this act

it shall be the duty of such railwa}^ 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 give to such shipper a Uke

receipt as provided in section six (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.

Each railway company operating a railway at any station or town in this state entitled to track scales under this act shall cor- rectly 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 seed, if so demanded

b}'' him.

Such railway company shall be entitled to collect and receive

from the person shipping such grain, seed or hay, the sum of

twenty-five (25) cents for each car of such grain or seed so weighed,

as compensation for such weighing.

Any railway com.pany neglecting for six months after the taking

efi'ect of this act to put in the car scales heretofore provided for

shall be liable to a penalty of one hvmdred dollars ($100) per day

for each station at which such neglect occurs, until the same is put

in as herein pro^dded.

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.

The empty car or cars to be loaded shall be detached from the

engine and other cars and weighed within twenty-four horns before

loading, and after the said car is loaded it shall be detached from

Sec. 7099 Points entitled

scales

to

Proviso; railway may

accept shipper's weights

Sec. 7100 Other stations

Sec. 7101 Manner of weighing

Sec. 7103 Fees

Sec. 7106 Penalty

Gen.Stat., 1909, ch. 99, p. 1522

{1909)

Sec. 7137 Railway to weigh cars

oi coal

{190s) Sec. 7138 Time limit for weighing
148 Laws Concerning Weights and Pleasures

Sec. 7139

Certificate ol weight

Sec. 7140 Weighmaster; bond

the engine and other cars and weighed within forty-eight hours

after being loaded.

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 deUvered to the consignee on the payment of all the freight

charges.

oath, competent weighmaster shall be employed by said railway

companies, and said weighmaster shall subscribe an oath or affir- mation before an authorized officer and give good and sufficient

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 pro^asions of tins act shall be

deemed guilty of a misdemeanor, and upon con\dction thereof shall

ot act^byVeTgtaaSer punishcd by a fine of not less than one himdred nor more than

five hundred dollars for each ofiense, or by imprisonment in the

county jail not exceeding six months, or by both said fine and

imprisonment.

penit^'jor violation railway company neglecting to weigh coal as provided by

by railway company " this act shall be uablc to a fine of one hundred 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.
KENTUCKY

The weights, measures, and balances received from the govern- can-oii s stats., 1909. ment of the United States, now in the custody of the secretary of " sec^lsfs state, shall continue in the custody of that officer, and shall be the standard standard of weights and measures in this State. The Governor shall cause dupHcates of those weights, meastues, Duplicates fumishea and balances to be made for such coimties as may not have the^o^^ies

same; and, upon his written certificate of the cost, the Auditor

shall give a warrant on the Treasury therefoi'. It shall be unlawful for any person, commission merchant, miller,

J'g.^'^^ dealer, grain inspector, corporation, company, firm or association, ^MuW^tandar^d

either by himself, itself, officer, agent, or employe, when purchas- Penalty for failure ing 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, milhng 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 Hkewise 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, milhng 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 nor more than one hundred doUars, to

which may be added imprisonment in the county jail not exceeding

six months.

The hundred weight shall consist of one hundred pounds avoir- ^'^^ f^°'' . 11 11 • 1 Hundredweight

dupois, and two thousand such pounds shall constitute a ton; and Ton

all contracts hereafter made shall be construed accordingly, tmless

the contrary be stipulated.

The following weights shall constitute a bushel of each article ed^iar"**!-

'° 114^TM*'" named respectively:^ dile/ent'lS^ieL'''*

' For convenience in printing a slight change has been made in arrangement of these articles. 149
I50 Laws Concerning Weights and Measures

Legal weights pei Pounds.

bushel of certain pro- ^g^^

Shelled com 56 Com in the ear, 70 pounds from the

first of November to the first of May

following, and from the first of May

to the first of November following . . 68 Rye 56

Oats, shelled 32 Barley 47

Irish potatoes 60 Sweet potatoes 55 White beans 60

Castor beans 45 Clover seed 60 Timothy seed 45 Flaxseed 56

Millet seed 50 Peas 60 Blue grass seed 14

Pounds. Buckwheat 56 Dried apples 24 Dried peaches 39 Onions 57 Bottom onion sets 36

Salt 50 Stone coal * 76 Bran 20

Plastering hair 8 Turnips 60 Unslaked lime 35 Com meal 50 Fine salt 55 Hungarian grass seed 50 Ground peas 24 Orchard grass seed 14 English blue grass seed 14 Hemp seed 44

{186(^70) Sec. 4822 Irish potatoes, pounds

to barrel

Sec. 4S23 Coal, penalty ior sell- ing unscreened for screened

{1S08) Sec. 4823a Hemp

Carroll's Stat., ch. 88, p. 1147

(igo6) Sec. 2721 Sealed measures in

mills

Acts, 1910, ch. 90. p. 26s

Sec. I Fiscal court to provide standard weights and

measures

Sec. 2 Inspector pointed

to be apOne hundred and sixty pounds net of Irish potatoes shall constitute a merchantable barrel.

Any person selling unscreened coal for screened coal shall be

subject to a fine of not less than five nor more than twenty dollars,

recoverable by warrant before a justice of the peace.

That the hundred weight 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 himdred dollars nor more than five htmdred dollars for each

offense.

Every owner or occupier of a mill, grinding meal, flour, bread

stuff, feed or othen\dse, 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, recoverable, with costs, before a justice of

the peace, for the use arid benefit of the common school fund in

the district where the mill is located. * * * The Fiscal Court of every county in the State, within ninety

days after this act takes effect, shall provide duplicates of the

standard weights, measures and balances approved by the Governm.ent of the United States ; said dupUcates shall be kept in the

custody of the Clerk of the coimty court for each county and in

the office of said clerk. The Fiscal Court of each county may in its discretion appoint an

inspector of weights and measures, said inspector to be appointed

by the Fiscal Court at its October session and who shall hold office for two years, or until his successor is selected and qualified.

Before entering upon the discharge of his duties he shall execute

' The term coal includes anthracite, caimel, bituminous and other mined coal.
Kentucky

bond for the faithful performance of his duties, said bond to be

approved by the judge of the county court and the penal simi to

be fixed by said judge of the coimty cotut. The duties of inspector

shall not be incompatible with those of any other county ofiice and

the fiscal court may, in its discretion, authorize said duties to be

performed by some county official. It shall be the duty of the inspector to test, at least once a ^iils oi inspector year, all weights, measures, balances, scales, steel yards or beams

in the coimty owned or used by any person, firm or corporation

engaged in buying or selling merchandise, groceries, produce, poultry, grain, provender, meats, coal, ice, feed stuffs, iron, rags, metal,

junk, wares, wool, hides, leather or other articles of trade or commerce, horses, cattle, sheep, hogs or other live stock, and using

said scales, weights or measures for determining the weight of any

said articles in either selling or buying same. The Inspector shall

also test all public scales where commodities or live stock are weighed and for which fees are charged. The Fiscal Court shall. Fiscal court to provide provide the inspector with weights, measures and balances and Sm^°^,Ttc!

such other apparatus as will enable him to make the necessary

tests. In counties containing cities of the first, second and third

classes, where any such cities by ordinances require inspections of

Aveights, measures and balances as often and of like character in jia^ng'°a^gsp'^^'^f this act, the inspector herein provided shall not make any inspections in said city.

The inspector shall receive as compensation the following fees: ^mpensaaon oi in- for testing each platform scales ordinarily used in weighing live^pector

stock, coal, grain, provender, wagons and heavy articles of like

character, one dollar and fifty cents; for testing each steel yard,

balance, beam or any other scales, twenty-five cents, and for test- ing each weight and measure five cents; said fees to be paid by

the owner, operator or person in possession of said scales, weights

and measures. The inspector after making any of the tests V^ovided for herein, shall deliver to the owner or operator of scales,

weights, measures and balances tested, a certificate setting forth

the articles tested the result and date of the test, and the inspector

shall keep a complete record of all tests made and on the first Mon- ^^^^ day in each month shall file in the Clerk's office of the county to eie statement of

• • tests luflds court a statement over his signattire showing the tests, if any,

made by him during the previous month.

Upon complaint of any person made by affidavit before the judge d^u t y o t inspector of the coimty court, stating that he has been cheated or defrauded ''''^""'"i"^"^'"^'^^ by the use of any scales, balances, or measures, within thirty days

previous to said complaint, the county judge shall order the inspector to immediately make a test of the scales, weights or measures

complained of. If same are inaccurate in any respect, the owner,
152 La-ws Concerning Weights and Measures

operator or person in charge of the scales, weights, or measures complained of, shall pay the fees of the inspection in addition to the other penalties prescribed by law. In the event that said

scales, weights or measures complained of are found to be accurate, the complainant shall pay the fees for testing. The inspector shall have the right to make a test at any time, but there shall

be fees charged for only one inspection per year of the same scales,

weights or measures except in cases of complaint as herein provided. It shall be the duty of the inspector of weights and measures having knowledge or information of the use of false weights,

or measures, or inaccurate scales or measures in the county by any

person whatsoever, to report same to the cotmty attorney and to

the next succeeding grand jury, if the user is not sooner arrested

and tried. The inspector shall aid in the prosecution of the offenders imder this act. Any person who shall buy or sell by any weight, balance, scales or measure that does not correspond to or agree with the weights,

measures, and balances herein provided, or shall use or give

any false v/eights or measures, or shall keep any false weights,

measiu-es, scales or balances on hand for the purposes of buying or selling therewith shall be fined in any sum not less than four dollars nor more than one hvmdred dollars for each

offense or a like sum for each and every month he continues

to keep the false weights, measures, scales or balances on hand.

8i^o*peMi^for '"'Any person who shall refuse to permit the inspector to make a

test of weights, measures, scales or balances, owned or operated

by him or under his control, or shall prevent or interfere with the

inspector in doing so, or shall refuse to pay the fees for tests after same has [have] been made, shall be fined for each offense in any

sum not exceeding one hundred dollars, and for each and every

day the said inspector is so prevented from making tests provided

for in this act, shall constitute a separate offense.

I^y^, Sections 4817, 4818 and 4819 of the Kentucky Statutes and all other laws in conflict with this act are hereby repealed.

7i!^p"966^ inspection warehouse outside of a city may be established

inspe^ction ware- ^7 ^^^^ couuty court of tlic couuty wlicrcin it is located, upon the

ma ^Isiabifslfu o^a""^' ^-pplication of any person entitled as owner or lessee, but the same

plication shall not be established unless the warehouse be built of such material and in such manner as to prevent injury to articles stored

therein.

i^aies^and balances Scalcs, stccl yards, or patent balance, with suitable weights sufto be provided ficicnt to Weight at least one ton, shall be provided as appurtenant

to the warehouse.

ieiiing'articies under Whocvcr shall scU or offcr to Sell any barrel or other package of

'^^^^^^ such article [of which he is appointed inspector], knowing the arti-
Kentucky 153

cle not to be of the weight or quantity, after allowing for ordinaryweight 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. Whoever shall knowingly sell, or attempt to sell, any hogshead, pliseiy'packed hogs- barrel or other package of tobacco, liquor, salt, beef, pork or lard, '^^^^^ °^ tarreia which is falsely packed or filled, or the staves or heading of which

are falsely made, v/ith 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.

In all cities and counties where there are grain warehouses, carroirf stats., ch. and where there is no board of trade, it shall be the duty of the^3^'^p-^'9^^9 Fiscal Court of the county to appoint an inspector and weigher for gt^°|?n'^^^^ousi?^'^

said warehouses [grain] who shall file a bond in the county clerk's Bond

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 regis- trar have stored or offered for sale in any warehouse under his

supervision any commodity owned by him or in which he is directly

"6r indirectly interested. Nor shall he be a purchaser at any sale

made by the warehouse of any commodity inspected, weighed or

registered by him. * * * Said inspector and weigher shall be Term appointed for the term of tvv^o years and until his successor is appointed and qualified.

Any duly authorized inspector and v/eigher of grain, who shall penalty for neglect of be guilty of neglect of duty, or who shall knowingly or carelessly •^"'y 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 improperly influence

any inspector of grain in the performance of his duties as such

inspector, shall be deemed guilty of a misdemeanor and, on con- propiriy^TSSence ta- viction, shall be fined in a sum not less than one hundred dollars spector; penalty for nor more than one thousand dollaxs, 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.

All proprietors or managers of public grain warehouses shall Sec. 4797 . , ^ ^

1 ^ .^-t 11 , . ? ^ . ° . . , . - . Copy of this law to be keep posted up at all times m a conspicuous place m their business posted offices, and in each of their warehouses, a printed copy of this act.
154 Laws Concerning Weights and Measures

^Carroll's Stat., ch. 88, j Xhat whcii a majority of the miners engaged in digging or

{1886) mimng coal at any coal mme m this state at which as many as

Sec. 2733 a ° J J

Inspector oi scales at twcnty men are employed, request the owner or owners or operator TM or operators of any of said mines to allow the said miners to employ, at their own expense, a 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

reputation of being an honest, trustworthy, discreet and upright man. The appointment under the provisions of this act of each

inspector and assistant weigher shall be approved by the judge

of the county court of the county wherein the same is made.

Sec 2739a°''^ '^^^ owner, agent or operator of every coal mine in this State

tiott^Mies°etc which the miners are paid by weight shall provide at such

mines suitable and accurate scales for the weighing of the coal for

which the miners are to be paid; and when differences arise between the owner, agent or operator 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 chief State Inspector of

Mines, whose duty it shall be to inspect and test said scales in

person or by an assistant inspector of mines, 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 owner, agent or operator of the mine and said scales shall forthwith be repaired

and made accurate or accurate scales substituted therefor. Any

owner, agent or operator of a coal mine who refuses or fails to

comply with 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.
LOUISIANA

The Governor at the expense of the state, shall procure or cause ^g^^''- ^

to be procured, one complete set of copper weights, to correspond ^^'^ss) with weisfhts of their like denomination used by the revenue standards azed, how officers of the United States, in their offices, together with scales

for said weights, and a stamp or a seal, with such device as the

Governor may deem proper; as also one complete set 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 aforesaid; which set 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. It shall be the duty of the Governor to nominate, and, by and insp||tors. how ap- with the advice and consent of the Senate, appoint for each of p°'°'«<i the four Districts of the city of New Orleans, a suitable person as the Sealer of Weights and Measures, and he shall appoint in Uke

manner, a person in each of the respective parishes of this State,

each of whom shall hold the office for the term of two years. That the office of inspector of weights and measures in all the j^^^^ ^^^^ p parishes of this state, (except the parish of Orleans), be and thei8|7^^

^ same is hereby abohshed. offices aboushed That the police jury of the several parishes throughout the lumority to estab- state, the parish of Orleans excepted, shall have power to provide

for said inspection when they deem it necessary, and regulate the

duties and fees for same. That the laws in conffict or contrary to the provisions of this lepeai act be and the same are hereby repealed.

It shall be the duty of the persons thus appointed, to visit all ^^^s)

places of business, in their district or parish, for which they are 1827^ appointed, once in each year, and at any other time when on com- Duties of inspectors plaint or by request, their Services may be required, and to inspect all weights and measures used in the places of business,

and when found to correspond with the standard of the State, to

seal them or give a written certificate of their correctness; but

when fotmd to disagree with the standard of the State, the

inspector shall forbid their further use until they shall have been
156 Laws Concerning Weights and Measures

corrected, approved and sealed. It shall also be the duty of the

Inspectors to attend upon all calls made upon them for performing the duties of their office.

Negiicuf duty pen- sliall be the duty of each inspector to see that no other

alty •

' weights and measures but those estabHshed by law be made use of

within the Umits of this State ; and in case of negligence or breach on the part of the inspector, he shall be condemned to pay a fine

not exceeding two himdred nor less than one hundred dollars.

The Common Council of New Orleans are authorized to pass

regulations or ordinances relative to the poHce of weights and

measures, to insure within the city of New Orleans the execution

of this law.

Parishes to have set, Kach parish, as soon as practicable, shall be provided, at the

expense of such parish, with a set of weights and measures, and a stamp conformably to those hereinbefore set forth, the same to be kept by the parish recorder.

NeVorieans to pro- '^^^ iuspcctors for the four districts of the city of New Orleans

'^^^^ set shall procure a set of weights and measures at the expense of the

city.

leesrf'leaier The appointed sealer of weights and measures shall be entitled to and receive the following fees

:

For each yearly visit and inspection of a full set of steelyards, or of scales with their weights or of balances with their weights, or

of a bushel measure and its parts, or of a gallon measure and its parts, or a set of yardsticks, they shall receive twenty-five cents, and

Fees no morc; for seaHng each weight and measmre, five cents; for the

examination of each platform scale, cotton and tobacco scale, and

its apparatus, fifty cents; and for seahng the same fifty cents; the

fees, in all cases, to be paid by the owners of the weights and measures inspected and sealed. The stamp shall be impressed, and

payment required for doing the same only on such as have not

been stamped, or such as, having once been stamped, are found so defective as to require to be regulated with the standard.

Ifutorvacancies in case of vacaucy, by death or resignation, the Governor shall

have power to appoint.

who^'h^s power to ^^^^ iuspcctors ouly shall have the power to stamp weights and

^'^p measiu-es, and upon the stamp shall be the initials of the inspector's name.

ilieiretc to be pcrsou shall buy or sell any commodity whatsoever, by

made by standard Weight or measuTC, wluch docs uot corrcspoud with the aforesaid

standard, or is not stamped after the said parishes have procured

the standard weights and measures as aforesaid ; or shall keep any

such weights or measures for the purpose of buying and selling

thereby, under the penalty of fifty dollars for each offense, besides

the forefeiture of the weights and measures foimd to be false; and
Louisiana 157

of a fine of ten dollars when the weights and measures shall be

found to be just, though not stamped; said fine to be recovered

before any tribunal of competent jurisdiction, one-half to the benefit

of the informer, and the other half to the parish in which the

offender resides. All v/eights and measures seized shall be for- feited for the benefit of the stamper, who shall not return them

into circulation until he has made them conformable to his

standard.

Whosoever shall make, or cause to be made use of, or shall utter sec. 3922 false stamps or seals, shall, on conviction thereof, be subjected to penalty the pains and penalties of forgery under the laws of this State.

It is forbidden to sell, or cause to be sold, measures and weights, feui^'g^ unstamped

unless they have been tried and stamped by persons appointed for^^^sures and weights that purpose, under the penalties imposed by the second preceding

section.

The person appointed to inspect and seal weights and measures Appointtag of mspec- may employ assistance when necessary, at their own expense, butfr

shall not commit their functions to a substitute without being

subject to dismissal from oflice by the Governor.

Coal shall be sold by the barrel or bushel measure ; grain shall coai measure; grain; be sold by the barrel, bushel or weight; the legal weight of

bushel of wheat shall be sixty pounds ; of a bushel of corn, fifty-six

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.

It shall be the duty of each inspector in the city of New Orleans, Quarterly returns to to make quarterly returns, under oath, to the Treasurer of the State, '^^ ^'^'^ treasurer of all moneys collected for fines, together with a written statement

thereof.

Inspection of flour and v^eights and measures for the town of ig^^""" Washington. See Section 1872.^ sec.J't^^ Appointment of inspectors. See sec. 3924. ^^inspection of flour. The Governor shall, by and with the advice and consent of the

Senate, appoint for the parish of Orleans, on the right bank of the ^^"-^^^^

river, a suitable person as a sealer of weights and measures, who Appointment ot shall hold the office for the term of two ^ years. That the Governor nominate and by and with the advice and isj^flec^itTctsrisy?; consent of the Senate, appoint for the Sixth District of the parish fj^^'^f^f-^^.i'"'-

of Orleans a suitable person as a sealer of weights and meas- ^^^''^"^"^ ures; and for the Seventh District of the parish of Orleans a suitable person as a sealer of weights and measures, who shall hold

their offices for a term of four years.

' Sec. 1872. The Governor, with the advice and consent of the Senate, shall appoint an Inspector of Flour, who shall also fulfill the duties of Inspector of Weights and Measures, for the town of Washington, whose duties, compensation and penalties shall be the same as are now prescribed and are allowed by the

existing laws regulating the same in the city of New Orleans.

- Sec following section.
158 Laws Concerning Weights and Measures

sec._2^ That the said person so appointed shall perform the duties of

said office in accordance with the provisions of Act No. 70, session acts of 1868, approved September 9, 1868.

Repeal That this act shall take effect from and after its passage, and

that all laws conflicting therewith be and the same are hereby

repealed. (Act 70 referred to in above is now R. S. 3930 to 3940.)

Rev. Lawf?i904, pp. shall bc thc duty of the person appointed to visit all places

^832-^^33

^ of business in his district once in each year, and at any other time

and Sea'sufes' ^^^'^ complaiut or by request, his services may be required,

^ and to inspect all weights and measures in places of business, and

when found to correspond with the standard of the state, to

seal them, or give a written certificate of their correctness; but

when found to disagree with the standard of the State the inspector

shall forbid their further use until they shall have been corrected,

approved and sealed. It shall also be the duty of the said inspector

to attend upon all calls made upon him for performing the duties

of said office.

tasplctor authorized '^^^ iuspcctor for said parish on the right bank shall be authorto procure set ized to procurc a set of weights and measures at the expense of the

parochial authorities thereof.

lees^oPseaier pcrsou appointed scalcr of weights and measures shall be

entitled to receive similar fees to those paid to the inspectors of

the city of New Orleans.

vacanctes ^^^^ vacaucy by death or resignation, the Governor shall

have power [to appoint,] as provided in section 3930 of this act.

Sees. 3935-3936 Power of inspector; use of imstamped weights and measures

prohibited. See Sees. 3920, 3921.

Iles^ by whom paid -^^^^ '^^ cascs to be paid by the owner of the weights and

measures inspected or sealed; the stamp shall be imposed and

payment required for doing the same only for such as have not

been stamped or such as having once been stamped are found so

deficient as to require to be regulated with the standard.

Dutiel^^f ar chial '^^^ parochial authorities of said parish are authorized to pass

author'ities regulations and ordinances relative to the police of weights and

measures to insure within the said parish of Orleans, right bank,

the execution of this law relative to weights and measures.

iaie^'oPu^ittamped ^^^^ Unstamped weights and measures prohibited; inspector

we^hts^and measures may employ assistant, etc. See Sees. 3923, 3924.

Rev. Laws, 1904, pp. That there shall be appointed by the Governor, by and with the

'^stc'.^i^' advice and consent of the Senate, two coal and coke boat gangers,

Gaugers ^j^^ shall have their offices 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 ganger upon satisfactory

proof made to him of negligence or official misconduct.
Louisiana 159

Each of said gaugers shall give bond, payable to the governor lond required or his successor in office with two sufficient sureties, in the penal

sum of five thousand dollars, conditioned for the faithful perform- ance of the duties required of him by law.

It shall be the duty of said gaugers to gauge all boats and barges r^v. ^Ss. 1904- containing coal whether anthracite or bittuninous, or coke, brought ''^g^^'"'- ^'ammded

into the state of Louisiana for sale or for dehvery under sales acts of 1904 201

-' All boats and barges made out of this state. of coal must be gauged

Such gauging shall consist in reducing the length, breadth and Rev. i,aw5?i904, pp. depth, inside measurement, of boats or barges, deducting all '^l^'^'^^s obstructions and displacements, into cubic inches and dividing Ga^g^g

said cubic inches by twenty-six hundred and eighty-eight (2688),

thus ascertaining the net measmrements in bushels. Two and six Bushei tenths (2 6/10) bushels shall constitute a barrel. Barrel In all cases it shall be the duty of the gaugers, or either of them, sec. s, as amended to respond promptly to any call made for their, or either of their, Duty of c^al gaugers services, and to furnish a full and detailed certificate of gross

measurement of the boat or barge gauged, and the allowance made

for obstructions and displacements, pro^dded, 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. The fee for gauging or regauging shall be ten dollars ($10), for sec.e each boat, and five dollars for each barge, to be paid by the seller,

except as hereinafter provided.

The purchaser of any boat or barge of coal or coke, shall have a^c.^^ 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 onginal 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. No boatload of coal or coke, nor any part thereof, shall be scc. s, as amended deHvered to the purchaser, whether the sale thereof was made Inspection required 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 pro\'ided, 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 offices in the city of New Orleans, of its arrival in this state requesting that the same be gauged as aforesaid, shall be Hable

to a penalty of fifty dollars ($50) for each boat or barge of coal

or coke, or part thereof, so sold or deHvered, and for each boat

Regauging
i6o Laws Concerning Weights and Measures

or barge so arriving in this state of which no notice was given to

the said coal gangers, to be recovered with costs of suit, in any

court of competent jurisdiction for the benefit of the charityhospital of the city of New Orleans.

Tenure of office '^^^ term of officc of Said gaugcrs shall be foiu- years. This act

to take effect from and after its passage.

Rev. ti^t 1904, p. That all anthracite or bituminous coal sold in this state shall

'%ic I as amended g^ugcd or wclghcd by thc State coal and coke gaugers in the

'^^otuglVcoli—rle ^vhose fees, duties and responsibilities shall remain as now

fixed by law, provided the fee for weighing shall not exceed one

cent per ton.

itendard barrel and That the Standard mcasurcs for the bituminous and anthracite

coal in this state shall be the barrel containing 6988 cubic inches

and the standard ton of 2000 pounds.

I^e^ That whoever shall violate the provisions of this act shall be

adjudged guilty of a misdemeanor and shall be fined not less than

fifty dollars ($50), nor more than $100 at the discretion of the

court, for each offense.

is^^Act'eZ^isgT^'

^' That what is known as Scribner's Lumber and Log Book

l^easurement of saw Doyle's rulcs which is as follows

:

° Doyie^s raiT

"^^^"^^^^ Take four off the diameter of log and multiply the square of half

the remainder by the length of log; divide the product by four;

quotient will show the number of feet contained in the log; be and

the same is hereby adopted as the standard scale for the measure- ment of saw logs; provided that Scribner's rule may be used by

agreement of both parties. Provided said measurement shall not

apply to cypress timber.

Sec. 2 That any person violating the provisions of this act shall be

IVl lSQ6Itl68110r <J X. Penalty dccmed guilty of a misdemeanor and upon conviction thereof

shall be fined not less than fifty dollars, nor more than one hundred dollars, or imprisoned in the parish jail not less than thirty nor more than ninety days.

isse^'^A^tM? ?9°ci' p That what is known as the Doyle's rule, or scale, shall be the

231^^ ^

' ' standard rule for the measurement of sav/ logs in this State; proAct to adopt a stand- vided, that this act shall not prevent the use of a different rule or

urement of saw logs scale when both the seller and the buyer prefer to use a different

scale.

iepeki That all laws or parts of laws in conflict herewith are repealed.

Act 8. 1870, p. 49. as That whosoever shall falsify and knowingly sell or buy any

1894. act II, p. 10 produce or merchandise by short weights or measure, shall, on

thereof, be imprisoned at hard labor for a period not

exceeding two years, and fined not exceeding two thousand dollars, at the discretion of the court.

Artiey. 1906. p. 350 That it shall be unlawful for any corporation, firm, manufacon%a'fkages''^ofTMgJata!turer, merchant or other dealer, their agents or employes, to sell

e'c. or offer for sale any grain, chops, bran, fertilizer, meal, flour or

False weights and

measures
Louisiana i6i

shorts, in sacks, barrels or other original packages, unless the true

weights of each package of such grain, chops, bran, fertilizer, meal,

flour and shorts, be stamped or marked upon the sacks, barrels or other packages.

That any corporation, shipper, manufacturer, merchant or other le^i^ty dealer, their agents or employes, 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. That the State Board of Agriculture and Immigration shall be Act 157. 1906, p. ^70 charged with the duties of enforcing this act for the regulation of Eniorcement the sale of certain mill products and cereals not otherwise provided for, to prevent fraud therein.

That mill products hereinafter mentioned shall have the follow- Weights of packages ing 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.

That the correct names, and the true net weight of the contents KeV weight to be of each and every hogshead, barrel, cask, bale, sack, or package of ^^^^^^ packages 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 conspicu- ous place, as the head, in case of 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 oifer for sale or exchange any of such products so packed or contained until the provisions hereof have been complied with.

That if any person shall knowingly violate the provisions of this ^<=- 4 act, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined a sum not less than twenty-five 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.

That any manufacturer, dealer or other person who shall impede, sec. s obstruct, hinder or otherwise prevent or attempt to prevent any spStM

^'^'"'^ ^'

8578°—12 II
Laws Concerning Weights and Measures

inspector or other person in the performance 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.

Products subject to 'I^^at the Commissioner shall have a privilege on any mill prodseizure"*^ for penalties ucts 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 foimd, stating on

oath at the foot of the petition the amoxmt 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.

Rev. Laws. 1904, p. That wliocvcr shall falsify and knowingly sell any produce or

(JS70) merchandise by short weights or meastue, shall, on conviction

False weights and imprisoncd at hard labor for a period not exceeding

measures two years, and fined not exceeding two thousand dollars, at the

discretion of the court.

p.^9'7;Acr85''i9;4?°p: That shrimp shall be measured by the basket, and that each

basket shall contain seventy pounds avoirdupois of shrimp.

Shrimp measure

^^Rev. Laws. 1904, P. -^^^^ gj^^^ uulawful for any purchaser or weigher of cotton

(1S88) to deduct two pounds or any number of pounds, known as scalage,

"scaiage," deduction from the actual weight of any bale of cotton, weighed or purfor; unlawful chascd by them.

Sec. 2 The purchasers shall account to the seller of cotton in all Damaged cotton instauccs 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, s^^^ That for each violation of this act, the offender shall be deemed

Penalty 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.
MAINE.

Laws. 1911, ch. Sec. I State sealer

State standards Care and use of

Sec. 2 State

The state commissioner of agriculture shall be the state sealer

of weights and meastires. The standards of weights and measures adopted by the state shall be deposited in a suitable room at the state capital, and be by him kept in suitable cases, for the purpose of comparing with standards which by law, are furnished,

upon the order and approval of the state sealer, for the use of the

several coimties, cities and towns.

The state sealer of weights and measures shall enforce the provisions of law requiring county and municipal officers to procure, ^^^^^^^ maintain, prove and seal county and m.unicipal standards as required by law, and all standards purchased after this act shall

take effect shall be approved by said state sealer. Beginning July

first, nineteen hundred and eleven, he, or his duly authorized

agent, shall try, adjust and seal the standard weights, measures and balances of each county, city and town at least once in ten

years and shaU see that they are kept in good order and condition,

and for such piurposes he, or his duly authorized agent, may at any time on the request of the coimty commissioners of any

cotinty, the mayor of any city, or the mtmicipal officers of any

town, visit such county, city or town, and shall at aU times have

access to cotmty, city or town standards. He, or his duly authorized agent, may also at all reasonable 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, or for public weighing, conducting such inspection and test with as little interruption as possible to the prosecution of business; and if he finds any such weights, measures or balances

inaccurate or defective he shall forthwith cause the same to be

corrected or condemned. He shall cause the provisions of the

statutes pertaining to weights and measures to be enforced, and for

this purpose he shall have all the power and authority conferred

upon the sealers of weights and measures in cities and towns, and

shall have general supervision of all weights and measures in use

in the state. The state sealer shall keep a record in detail of the work of his

office and shall annually, on or before the first day of December,

163

sealer or

Authority of

Sec. 3 Record
164 Laws Concerning Weights and Measures

Report make a written report of the work and the expenses of his office to the governor and council.

^Rev. Stat.. 1903. ch. 'j'j^g Standard of weights and measures furnished by the United

itandard of weights Statcs and adoptcd by this state continues the standard of weights

and measures and measuTcs for the state; and the state sealer of weights and

measures shall cause all such weights and measures of a smaller

denomination than those furnished by the United States, as are necessary to make a complete set, to be compared and reguofflciai tests latcd by the standards aforesaid; and keep, at the expense of the

state, a suitable standard balance for gold, and for avoirdupois

weights, to be kept with the weights and measures at the state house, and used only for regulating other weights and measures.

Itate' standards, to Until othcrwise providcd,^ the treasurer of state, shall, at the

be^procured, by whom state's cxpcnsc, in the manner provided in the preceding section,

procure and preserve as public standards, to be used only as such,

the following measiu-es, beams and weights, to wit: one bushel

one-half bushel, one peck, one-half peck, one ale quart, one wine

gallon, one wine half gallon, one wine quart, one wine pint, one wine

half pint, and one wine gill; said measures shall be made of copper

or pewter, conformable in contents to said standard measures; and

the diameter of the bushel shall not be less than eighteen inches and

a half, containing thirty-two Winchester quarts ; of the half bushel,

not less than thirteen inches and three-quarters, containing sixteen

Winchester quarts; of the peck, not less than ten inches and threequarters, containing eight Winchester quarts ; and of the half peck,

not less than nine inches, containing four Winchester quarts; the

admeasurement to be made in each instance in the inside ; also one

ell, and one yard; one set of brass weights, to four pounds, computed at sixteen oimces to the pound, with fit scales and steel beam; also a good beam and scales, and a nest of troy weights,

from one hundred and twenty-eight ounces, down to the least

denomination, with the weight of each weight, and the length of

each measure, marked or stamped thereon, and sealed with a seal,

to be procured and kept by said treasurer; also one fifty-six

pound weight, one twenty-eight potmd weight, one fourteen poimd

weight, and one seven potmd weight, of iron.

A^si) by county treas- trcasuTcr of cach cotuity, at the expense thereof, shall have

on?e^'in'°en*'%are^'by complctc sct of bcams, and of brass, copper, pewter and iron

state standards wcights, and of the measuTcs before mentioned, except the bushel

measure, proved and sealed by the state standards, and conformable thereto in breadth and contents; and preserve them for the

use of such coimty only as standards ; and once in every ten years,

from July one, eighteen hundred and thirty-nine, he shall have

them compared, proved and sealed by the state standards ; for each

' The commissioner of agriculture is now State sealer of weights and measures, (taws, 1911, ch. 82.)
Maine 165

neglect of said duty, he forfeits two hundred dollars to the state,

to be recovered in an action of debt.

The treasurers of towns, at the expense thereof, shall constantly ^^^^ geai, and

keep a town seal, and, as town standards, a complete set of beams, ^liguts^and meaTuTes weights, and copper and pewter measures, conformable to the state

a°„d^s^a'5e5^once^i„''®eu standards, except that the bushel measure, and the half bushel, peck years and half peck measures may be of wood instead of copper or pewter, but of the same dimensions, and except also a nest of troy

weights other than those from the lowest denomination to eight ounces ; they shall cause all beams, weights and measures, belonging

to their towns, to be proved and sealed by the state or coimty

standards once in ten years, from July one, eighteen hundred and

forty ; and for every neglect of said duty they forfeit one hundred penalty dollars, half to the town, and half to the prosecutor.

The municipal officers of each town shall annually appoint a ippofntment of seai- sealer of weights and measures therein; removable at pleasure, and ers^^y.'°^''° officers and may fill vacancies; for each month's neglect of this duty, they severally forfeit ten dollars, to be appropriated as in the preceding

section. 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.

Whoever, so appointed and notified thereof, refuses for seven lenaKy for seaier or days to accept the office and be sworn, forfeits five dollars, half to J^^f"

«"^p«i°s

the town, and half to the prosecutor; when sworn, he shall receive ^J°^ for slandards and the standards and seal from the treasurer, giving a receipt therefor, seal 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.

The sealers of weights and measures in the several cities and sec.

7^'^^^'' towns shall annually give pubUc notice by advertisement, or byndce^o^j fj5^"g posting in one or more public places in their respective cities and p'^"^ '"^ sealing 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, meas- url^*'^*^*^ ures 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. After giving said notice the said sealers shall go to the houses, leaie^rssnaii visit per- stores and shops of persons who neglect to comply therewith, and piy^'^" "^^lect to having entered the same with the assent of the occupants thereof,

shall adjust and seal their weights, measures and balances.

Said sealers shall go once a year and oftener if necessary, to every Ihai? visit once a hay and coal scale, to every platform balance within their respec- an"tel"slTi°^
Laws Concerning Weights and Measures

tive cities and towns that cannot be easily or conveniently

removed, and shall test the accuracy of and adjust and seal the same.

Au l?aies, weights, pcrsous usiug any scales, weights or measures for the purtesteTM^^^'ttae""^ posc of buyiug 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,

n^seaier can not seal ^asc a scalcr of wdghts and measures cannot seal any weights,

may marit'to show to- J^casures and balauccs in the manner before provided, he may mark

spection 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, meastues or balances which do not conform

thS^an^o't^'^be ^ad-to the Standards. If such weights, measiures or balances can be

bidden^^

sealers, ior-j-gadily 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 exceeding fifty dollars, one-half to the use of the

city or town and one-half to the use of the complainant,

ieaier shau be fur- scalcr when visiting the place of business of any person for the

for fe^sti^'weight^tr P^P°^^ testing any weights, measiu"es or balances, may use for

by towns and cities 'that purposc such wcights, measuTCS or balances as he can conveniently carry with him, and each city and town shall furnish its sealer with one or more duphcate sets of weights, meastues and

balances, which shall at all times be kept to conform to the standards fiu-nished 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,

laue^ weights and A scalcr of wcights and measures may seize without a warrant

seiled^"^^^ "^such Weights, measures or balances as may be necessary to be used

as evidence in cases of violation of the law relating to the seaUng

of weights and measures, such weights, measures or balances to be

returned to the owners, or forfeited as the court may direct.

Proceedings, when Whcu a complaiut is made to a sealer of weights and measures

complaint is made, that by any pcrsou that he has reasonable cause to beheve or when such

mcorrect weight, etc., *\ n-i 11 ii- 1 -1^ are being used scalcr himsclf 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 cannot 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
Maine

standard. Any person using a weight, measure or balance after ^^®gf_"y ,j a sealer has demanded permission to test the same, and has been °' permission to refused such permission shall be liable to a penalty of not less than

ten, nor more than one hundred dollars. All weights, measures and balances that cannot be made to HoV^ncorrect

conform to the standard shall be stamped "condemned " or " CD

by the sealer, and no person shall thereafter use the same under

the penalties provided in the case of the use of false weights and

measures. Before any weights, measures, scales, steelyards, beams or Icaies^shaii be sealed balances are offered for sale or used, they shall be sealed by a

"^'"^ ^^'^ ""^ public sealer of weights and measures.

All measures, by which fruit and other things, usually sold by Measures for articles heaped measure, are sold, shall be conformable in capacity andf'"^''y'>«'3Pf<iTM«2?'"^e •.11 1 11- ii<-vi -1 11 conloini to standard breadth, to the public standard. 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: twenty-five 5^1,71°'^" quajt^""^^

avoirdupois pounds constitute one quarter; four quarters, ones'""^ hundred; and twenty hundreds, one ton; and all other articles,

usually sold by tale, shall be sold by decimal hundred.

Whoever knowingly uses a false weight, measure, scale, bal- lenaity for using any ance or beam, or after a weight, measure, scale, balance or beam ^^'^^ ^^'s^'^' has been adjusted and sealed, alters it so that it does not conform

to the public standard and fraudulently makes use of it, shall

forfeit for each offense fifty dollars, one-half to the use of the city or town and one-half to the use of the complainant; and every

sealer 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. Whoever sells by any other weights, measures, scales, beams sec. i/^*""^ or balances than those which have been sealed as before provided, ^^|Jf"^ g," "^^ich shall forfeit a sum not exceeding twenty dollars for each offense, Jiave not been' sealed 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.

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 sajary and fees paid into 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 by virtue of his office ; and where such salary

is paid no fees shall be charged for services rendered under section seven.
Laws Concerning Weights and Measures

iif^^p.'^f^" '^^^ ^^^s of sealers of weights and measures, for testing and

Sec Ji'^^div as^^i^^^^S scalcs, wcights and meastues by the town standards, to

am^ded ' by Pub. be paid by the person for whom the service is rendered, are as

F^es'for 'testog andfollows: for testing railroad track scales of forty thousand pounds

adjusting capacity and upwards, two dollars ; elevator scales of twenty

thousand poimds capacity and upwards, one dollar and fifty cents

;

platform scales of five thousand pounds 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 pounds capacity, fifty cents; beam scales of over one thousand potmds capacity, fifty cents; platform scales of less than one thousand pounds capacity, twentyfive cents; platform counter scales, twenty-five cents; coimter

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.

sQ^p'sQ^'^*^" pressed and put up in bundles, except hay pressed by

'^^^unsg, isgr) farmers and retailed from their own barns, shall have the first

Pressed hay, how to 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

Penalty by farmers and retailed from their own barns, forfeits one dollar

inrha°''noT°m"kedfor cach bale so offered, to be recovered by complaint. No

may^ defend action for pej-gon 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.

A^iiotatmenta and The municipal officers of towns annually may appoint measfees of measurers urers of salt, com and grain therein, who shall receive such fees

from the purchaser as said officers establish; and, in every con-
Maine 169

tract 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 measurers live shall be measured by them.

The standard weight of a bushel of potatoes, in good order and

fit for shipping, is sixty pounds; of apples, in good order and fit for the market, forty-four pounds; of wheat, sixty pounds; of corn, fifty-six pounds; of barley and buckwheat, forty-eight

pounds; of carrots, fifty pounds; of onions in good order and fit for shipping, fifty-two pounds; of ruta baga, sugar beets, mangel

wurzel, and turnip beets, in Uke condition, sixty pounds; of English turnips, in like condition, fifty pounds; of parsnips, in like

condition, forty-five pounds; of beans, in like condition, sixty

pounds; of peas, sixty pounds; of rye and Indian meal, fifty

pounds; of oats, thirty-two pounds; of Turk's Island, or other

coarse grades of salt, seventy pounds, and of Liverpool, or other

fine grades, sixty pounds ; and of hair used in masonry, well dried

and cleansed, eleven pounds; and 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 weight of a bushel of herdsgrass seed, when well

cleaned and in good condition, is forty-five pounds.

The standard weight of a barrel of potatoes, in good order and

fit for shipping, is one hundred and sixty-five pounds. Whoever

acting for himself or as the employee of another, takes more than

the standard weight for a barrel of potatoes, shall forfeit fifty cents for each barrel, to the person prosecuting therefor within

thirty days.

* * * 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, to be recovered by action of debt.

Towns may, by ordinance, regulate the measure and sale of

wood, coal and bark therein, and the location of teams hauUng

the same; and may enforce it by reasonable penalties. All cordwood exposed 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 twentyeight cubic feet; and the measurer shall make due allowance for

refuse or defective wood, and bad stowage.

Size of hogshead

(.1885,1887, 1897,1905)

Sec. 39 Standard weight fixed

Heidsgrass seed

Barrel o{ potatoes Standard weight ol Penalty

Rev. Stat., 1903, ch.

41 as amended by

Laws, 1909, ch 60, p. 59

Sec. 34 Size of clambait barrel

Penalty

Rev. Stat , 1903, ch.

42, p. 418

Sec. I Dimensions of a cord

of wood
Laws Concerning Weights and Measures

peMity for selling If ^^Y fire-wood or bark, brought into any town by land, is sold

wood or baik before and delivered unless otherwise agreed to by the purchaser, before

it is measured by a sworn measurer, and a ticket signed by him

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.

How c r d w d AH cordwood brought by water into any town for sale, shall be

be°meas?red cordcd ou 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.

penaV for fraudu- When any wood, bark or charcoal, sold by the cord, foot or

lent stowage load is SO stowcd as to prcvcut the surveyor from examining the

middle of the load, and it appears on deUvery, that it was stowed

with a fraudulent intent of obtaining payment for a greater quantity than there was in fact, the seller or owner thereof forfeits ten

dollars to the county.

HoVcharcoaimaybe Charcoal brought iuto a town for sale may be measured and

measured and sold 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,

coai'baskets to be -^^^ baskcts for measuring charcoal brought into a town for sale,

sealed; dimensions shall bc scalcd by the scalcr 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 in measuring charcoal for sale, the basket shall be well heaped.

Penauy for using Whocvcr mcasurcs charcoal for salc, in any baskct of Icss dimcusmaiier sious, or uot Sealed, forfeits, for each offense, five dollars,

f^?- 9 , , _^ . The municipal officers of towns may appoint some suitable

Seizure of iiTil9T)PiUl •/ j> X baskets persou to scizc and secure all baskets used for measuring coal, not

according to the provisions hereof.

Peiia'ity for refusing Any mcasurer of wood, bark or charcoal, who neglects or refuses

reco'j'^ed^^Md'^'i ^^^^ owucr or purchascr a certificate of the contents of

priatfcd^ ^" the 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. " Anthracite, bituminous and other mineral coal shall be sold by Weignt 01 ton weight ; and, two thousand , iiir pounds thereof are a ton.
Maine 171

The municipal officers of towns shall annually appoint weighers f^ei^ers of coai. of such coal, who shall receive such fees as said officers may establish, to be paid by the buyer.

Unless coal is sold by the cargo, the seller shall, on request of coai'^miess sow by the purchaser, cause it to be weighed by a sworn weigher, who n^^i^n^tafned ' °^ shall make a certificate of the weight; and who shall deUver such

certificate to the buyer before commencing a suit against him for

the price of such coal. The mtmicipal officers of cities and towns may appoint a deputy Laws, 1909, ch. 158, sealer of weights and measures, to hold office during their pleas- Deputy seaier of ure, and fix his compensation. Such deputy shall act under the ures — Appointment

direction of the sealer of weights and measures in the mimicipal- '^'^"^

icy, and shall have the same authority as the sealer in the performance of his duties.

The standard measure of capacity for all apple barrels shall be L^aws, 1909, ch. 247 three bushels, the barrel shall be of no less dimensions than seven- standard appiebanei, teen and one eighth inches for the head diameter ; length of stave sfo^ns of <iTMien- twenty-eight and one-half inches, with bilge circumference not

less than sixty-four inches outside measurement, and shall be

plainly marked, "standard barrel." Barrels of less dimensions

and capacity shall be plainly marked^ on end and side, "short short barrel barrel " with the figures indicating the fractional part of a " standard barrel," therein contained.

The standard bushel box shall be twenty inches by eleven by ^^'^^^^f^'J^^'^^i

*"»^ ten inches, inside measurement, or of such dimensions as shall

contain two thousand two himdred and fifty cubic inches and

marked "standard bushel box."

Any box of less dimensions than the above-mentioned shall be short box plainly marked on the top and sides, "short box," and with the

fractional part of a bushel therein contained.

An3^ person, corporation, or firm who sells or offers for sale sec. s ^ ^, ^ ,

' , . - Penalty for violations barrels, boxes, crates and other closed packages of apples, not of the provisions of this conforming to the provisions of this act; or any person, corpora-*

tion or firm who manufactures barrels, boxes, crates or other

closed packages for the apple or fruit trade, not conforming to

the provisions of this act, shall be punished by a fine not exceeding one hundred dollars for the first offense and not exceeding two

hundred dollars for each subsequent offense. Trial justices and

municipal and police courts are hereby vested with original jurisdiction concurrent with the supreme judicial and superior courts,

to try, and, upon conviction, to punish, for offenses against the

provisions of this act. The director of the Maine agricultural experiment station shall sec «

J.,. . ^. . . , . '^ 11 - Enforcement of this dihgently enforce all the provisions of this act, and when after act by director of Maine due hearing he is convinced that the provisions of this act havetSn'""'^^^'^TM^"'
172 Laws Concerning Weights and Measures

been violated he shall, in his discretion, prosecute all offenses

against the same.

flour barrels may be Nothing in this act shall in any way be construed as debarring

considered standard the so-callcd flour barrel from being considered a standard barrel.

^^Laws, 190S, ch. 76, p. On and after July first, in the year nineteen htindred and five,

Miuc shall be weighed milk or crcam purchascs by any person, firm or corporation,

and tested by the Bab- for usc in or to be rcsold by any creamery in this state, shall be

weighed and shall be tested by the Babcock test to ascertain the

amount of butter fat per pound therein contained ; and the value

of the cream or milk thus purchased shall be determined by the

by^owne^r^^or o^eTMtMl buttcr fat per pound as thus ascertained. The test

of creamery herein provided shall be made by the owners or operators of the

creamery purchasing as aforesaid, but upon petition in writing,

signed 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

Upon petition tests shall bc made by, or tmder the direction of said commissioner,

missioner of agriculture and the finding of said commissioner shall be conclusive upon all

Proviso parties therein concerned. Provided, however, that when the

total number of patrons of any one creamery exceeds one himdred

then the number of petitioners herein required by patrons need

not exceed thirty. All samples of cream treated by said test shall

be weighed and the standard unit for testing shall be eighteen

Sec a grams.

Penalty Any person, firm or corporation, or the servant or agent of any

person, firm or corporation, who shall violate the provisions of the

preceding section shall be deemed guilty of a misdemeanor and

upon conviction thereof shall be punished by fine not exceeding

fifty dollars or by imprisonment not exceeding thirty days for

every such violation.

sec'^ if.'^as amended mcasurcs, caus or other vessels, used in the sale of milk,

An''mlksu?es'Jsed ta ^^^^^ scalcd by the sealer of weights and measures, by wine

by'w°inTMmeasS?e^^^'*'*TM^^^^^^' containing thirty-two ounces to the quart, and all quart

bottles containing less than thirty-two ounces or more than thirtytwo ounces and six drams, all pint bottles containing less than

sixteen ounces or more than sixteen ounces and four drams, and all half pint bottles containing less than eight ounces or more than

eight ounces and two drams, shall be condemned; all bottles

within the above limits shall be passed as containing full measure,

and all other measures, cans or other vessels shall be marked by the

sealer with figures indicating the quantity which they hold; and

Penalty whocvcr scUs by any other meastue, can or vessel, forfeits twenty

dollars for each offense.
Maine 173

All milk and cream bought and sold by measure for consumption ^

within this state shall be bought and sold by wane measure, the ^if^re^or m^' ani standard for which shall be two himdred and thirty-one cubic cream inches to the gallon, and for subdivisions of the gallon, in the same

proportion.

All measures, cans or other vessels used in the purchase or sale measures, caas, of milk or cream shall be tried and proved by the standard men- etc- shaii be proved by

. - sealer of weights and tioned m the precedmg section, by the sealer of weights and measures and piamiy measures of the city or town in which such milk or cream is to be "

consumed, who shall, agreeably to such standard plainly stamp

thereon the quantity which such measures, cans or other vessels

hold, together with the date of the calendar year in which such

measures, cans or other vessels are sealed. Any person, firm or corporation who shall purchase or sell by measure any milk or cream by any other than the measures so tried, sealed and marked, PeJiaity shall forfeit for each offense the sum of ten dollars. WTien milk or cream is purchased bv measure at wholesale bv ^'"^^^ ^ , , »,

. . , . - , ' Capacity of cans to be any person, firm or corporation engaged m the business of buying osed in wholesale trade or selling milk or cream or both, the can or other vessel containing

such milk or cream shall hold eight quarts and one pint and no

more, and aU new cans or other vessels purchased by any wholesale dealer in milk or cream, to be used for the purpose of receiving

such milk or cream by measure, purchased by them between the

first day of August, 1909, and the time when this act shall go into

effect shall contain eight quarts and one pint, and no more, and

shall be tried, proved, sealed and marked as herein provided.

Whoever by himself or by his ser\-ant or agent, or as the ser\-ant l^enaity for mutilating or agent of any other person, firm or corporation having custodv of =ans and measures, or 9.. ,1 11 , • r .-11 erasmg names and a milk can, measure or other vessel used as a container for milk marks from same destined for sale, shall wantonly, wilfully or maliciously indent,

bend or otherv\dse mutilate said can, measme or other vessel so that the same wlU. not contain eight quarts; and one pint,

standard measure, as hereinbefore provided, or who shall 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. * * * Any person, firm or corporation violating the provisions of section three * * * of this act shall be fined not

exceeding the sum of fifty dollars. The Commissioner of Agriculture shall diligently enforce, or co^issioner of ag- cause to be enforced, all the provisions of this act. ^f^l^ ^^^^ ^"^^^^

MARYLAND

Care of standards

laspecting, branding.

That Article 97 of the Code of PubUc General Laws, title ,,^°t^t''gta?S;S

"Weights and Measures," be and the same is hereby ^^P^Q-^^^lf^l^c^^^f^^^^^^^

and re-enacted with amendments as follows: ^

(1825,1910)

Sec. I Repeal

The standards for weights and measures in this State, except sec. 3 as otherwise provided in this Article, shall be the same as the and measures'

^^'^'^'^ standard of weights and measures of the United States. The County Commissioners of each county shall, on or before sec. 3

.I ^ , 1 r Tir • 1 1 Keeper of standards; the first day of May m each year, appoint some person as keeper appointment of of standards of weights and measures, who shall safely keep and

preserve the same, and, when required, deliver them to the

County Commissioners, or to such persons as they may appoint

to receive the same, and who shall perform the several duties prescribed by this Article.

The person so appointed, before entering upon the duties of sec. 4 his office, shall give bond to the County Commissioners in the penal

°° sum of five hundred dollars, conditional for the faithful discharge

of all the duties appertaining to his office. All weights and measures used v/ithin this State in the vending sec^^s^^ of articles, shall be inspected and stamped, or branded by said and stamping standard keepers, and when adjusted, shall be by the said standard

keepers branded with the letters Md. S., meaning thereby Maryland Standard, together with figures that will indicate the year

of inspection, in such manner and on such parts of the 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 Uke inspection shall be

repeated once in every year and the year of inspection branded

or stamped thereon; 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, under a

penalty not exceeding twenty dollars. Penalty The keeper of standards of weights and measures shall attend f^spgctiona to be to the different market towns, and villages in the county for which made, how often they shall respectively be appointed, at least once in each year

and at the different public inspecting warehouses in the said

counties at least twice in each year on some certain days to be

17s
176 Laws Concerning Weights and Measures

pubuc notice appointed by the County Commissioners, of which days pubUc

notice shall be given by advertisement inserted in some one or more newspapers in the counties in which there may be such

paper printed, and also by advertisement set up at some conspicu- ous place in the said markets, warehouses, villages and towns,

and shall inspect and adjust all beams and scales, weights and

measures, used or intended to be used in said county.

I^"^-'^* I, I, . Each keeper of standards shall keep in book form in which he Record to be kept , . ^ . , ^ ^ . shall register the names of the persons whose beams and scales,

weights and measures he has adjusted, together with the day of

the month and year, and number and description of the same so adjusted, which book he shall submit to the inspection of the

County Commissioners once in each year or oftener if required,

ii^*^-*,^. , ^ If any person shall neglect or refuse to have his, her or their

Penalty for neglect or 11 -i 1

• i 1 retasai. beams and scales, weights and measures inspected and adjusted

as herein directed when required to do so by the proper officer,

he, she or they shall forfeit and pay a fine of five dollars for every

day during such deUnquency.

Sec. 9 If any standard keeper shall be informed or has reason to susKeeper to make 6'^- . . • • ^ . , . . e ^ amination upon request pcct that any pcrson IS usiug or has m his possession with fraudulent intention any false beams, scales or measures, he shall examine

the same, and if he finds them or any of them to be false, he shall

Authorized to seize scizc the Same as a forfeiture and adjust and sell them at public

false weights and meas- . j 1. 11 11 . . . j. r xi. ures auction, and shall annually return a statement of the money

received therefor under oath to the County Commissioners.

Penalty for using ^.uy wciglit or mcasure which shall have been branded or

broken, altered, or stamped as herein required shall be broken, injured, altered or

measure' ' changed, or condemned by the standard keeper, and shall be

found thereafter in the use of any person within this State, such

person shall forfeit and pay a fine of twenty dollars for each and

every offense.

c^ompensation of Eacli Standard keeper shall receive compensation for the disstandard keeper charge of his dutics as the County Commissioners shall think proper

to allow, which shall be levied on the assessable property of the

county and collected as other county charges.

Sec. 12 _ Whenever any standard keeper shall be applied to adjust scales.

Compensation to ad- • 1. j 1 jj- j. j- • • t.- x

ust scales wcights and measures, by adding to or diminishing the same, or to

adjust scale beams, he shall be allowed an additional reasonable

compensation therefor, to be paid by the party so applying for his

services.

13 Half of all fines and forfeitures imposed by the preceding secFmes, disposition of . ,.jr 111 i ir tions of this Article shall go to the informer and the other half to the use of the county,

liquid gallon ^^^e imits of Standards of measures of capacity for liquids designated in this Article shall be based on a liquid gallon or two hun-
Maryland 177

dred and thirty-one cubic inches; thirty-one and one-half gallons

equaling one barrel, and two barrels are one hogshead; continual n^^eia

division of the gallon by two equaling half gallons, quarts, pints,

half pints and gills.

The xmits or standards of measures of capacity for drv' measure ^^^ii and sutxii- designated in this Article shall be based on a dry bushel of two'''^'°'^ thousand, one htmdred and fifty-six and four-fifths cubic inches,

continual di\4sion5 of the bushel by two equaling half bushels,

pecks, half pecks, quarter pecks, quarts, pints and half pints.

The standard of measure for buying and selling strawberries, B^m^sureforsmaii raspberries, blackberries, currants, gooseberries, cranberries, whor- •^^rnes tie berries, cherries, plums, peanuts, kernels of other nuts, chinquapins, chestnuts, brussels sprouts and all other berries, small

fruits and vegetables shall be by dry measure. The standard quart berrv' box or basket shall measure not less ^f'^-i? ^ ^

, ^ , ^ . 1 , r 11 Quzit box or basket, than live and one quarter mches across the top, four and two hun- size of dred and sixteen thousandths across the bottom and three inches

deep, all to be inside measurement.

The standard box of apples shall be of the following dimensions : |^^^

ten and one-half inches by eleven and one-half inches by eighteen pies inches, all inside measurements.

The standard double-headed barrel of apples, pears, or quince Ifoubi^-headed bar- shall be of the following dimensions: Head diameter, seventeen apples and one-eighth inches; bulge, twenty and one-third inches, both

inside measurements; length of stave, twenty-eight and one-half

inches.

The standard barrel of Irish potatoes, sweet potatoes, turnips,

barrel green peas, beans, cabbage, beets, parsnips, carrots, kale, spinach,

brocoH, onions and all other truck or vegetables, shall be of not

less than the following dimensions: Diameter at the top, seventeen

inches; diameter at the bulge, eighteen and one-half inches, both

inside measurements, length of stave twenty-seven and one-half

inches.

All standard barrels, baskets, boxes or packages used within l^^e^, baskets, etc., this State, with the exception of the strawberry and other small '° ^® "^^^"^ berry, quart, pint or half pint baskets or boxes shall have plainly

branded or marked thereon the name and address of its maker,

and the words " Maryland Standard Measure."

"^Tioever brands or marks on any barrel, basket, box or package ^^aoy tor false or whoever offers for sale a produce or commodities in a barrel, branding

basket, box or package of a capacity less than is stamped thereon,

except as provided in Section 2 1 [22] of this Article, relating to short

packages, shall for each barrel, basket, box or package be fined and

pay the siun of two dollars, together with all costs of prosecution,

8578°—12 12
178 Laws Concerning Weights and Measures

Sec. 22

Sec. 23 Penalty

one-half to go to the informer and the other half to the public

school fund of the county or city.

Short barrels, boxes, All produce offered for sale within this State in any barrel,

"Short'measureTM^^''^'* baskct, box Or package of less capacity than the Maryland standard

barrel, basket, box or package or multiples thereof, divisible by

two, must have plainly marked or stamped thereon, in three con- spicuous and different places on each barrel, basket, box or package

the following words, in letters one inch high, "Short Measure."

Whoever offers for sale within the State of Maryland produce or commodities in barrels, baskets, boxes or packages of less than

the Maryland standard barrel, basket, box or package, or multiples

of same, divisible by two, without having the words "Short Measure" marked or stamped on each and every barrel, basket, box or package in letters one inch high, as provided in Section 21 of this

Article, shall, for each barrel, basket, box or package, be fined and

pay the sum of two dollars, together with all costs of prosecution,

one-half to go to the informer and the other half to the public

school fund of the county or city.

The standard weights for grain, hay, straw, produce and min- Sec. 24 Standard weights per bushel eral coal for this State shall be as follows : ^

Apples, dried per bushel

.

Alsike clover seed do. .

.

Alfalfa seed do. . Barley do. . Barley malt do. .

.

Buckwheat do. . Blue-grass seed do. . Beans do. .

.

Bran do . .

.

Carrots do. . Com (shelled) do. . Com (on cob) do. .

.

Do per barrel

.

Com (shelled) do. .

.

Cora meal per bushel Clover seed do. .

.

Caster beans or seed do. .

.

Coal or culm do . .

.

Coal per ton Charcoal (commercially dry), per

bushel Cow peas per bushel

.

Flour per barrel

.

Flax seed per bushel. Herd's grass seed do. .

.

Pounds.2860

60

4834

48

1460

SO

5670 350

280

48

60

5°80

2, 240

' 2, 74860

196

5645

Hungarian grass seed . per bushel

.

Hemp seed do. .

.

Hay per ton. Lime per bushel

.

Millet (German and American)

per bushel

Oats per bushel

.

Onions do. .

.

Orchard grass seed do. .

.

Peaches (peeled) do. .

.

Peaches (unpeeled) do . .

.

Peas do . .

.

Potatoes (sweet and Irish) . do . .

.

Peanuts do. . Rye do. .

.

Red top grass seed (chaff), .do. .

.

Red top grass seed (fancy) . do . .

.

Rape do . . Straw per ton.

Salt (coarse) per bushel

.

Salt (fine) do. . Sorghum do . .

.

Timothy grass seed do. .

.

Tumips do. .

.

Wheat do . .

Pounds.SO44

2, 000

80

SO

32

571440

326060

2256

14

32SO

2, 000

70

S6

SO456060

Freight charges to be chargcs for freight, measurement, weighting, inspection,

based on weight wharfiug and commissiou oil grain shall be made on the number

of bushels as ascertained by weight and not by the rimning meas1 For convenience in printing a slight change has been made in arrangement of the articles.

' Cubic inches.
Maryland 179

tirement; and any one found gtiilty of a violation of this section

shall, on the conviction thereof before a justice of the peace, be

fined not less than five dollars nor more than fifty dollars, one half

to the informer and the other half to the use of the State. No person shall sell any package or parcel of cotton, woolen or ^^^^ j^^. ^.^^^ . other dry goods having any mark thereon or attached thereto indi- resenting quantity eating or stating a greater ntimber or a larger quantity than is actually contained in such package or parcel, and any auctioneer,

commission merchant or other dealer so selling shall, in each case,

forfeit and pay to the purchaser of each package or parcel double

the value of the quantity of goods, which, on actual measurement,

it shall be fotmd there is wanting in any such package or parcel to

make up the number of yards or quantity marked thereon.

Standard weights of tomatoes in the State of Maryland shall be j^^^^g^^^ ^f^-

60 pounds to the bushel, and for the purpose of ascertaining the^ sec.'ss. asraactedby

-1 1 r • • 1 11 11- 1111 Laws, 1910, ch. 738 true weight thereof it is hereby enacted that a platform scale shall Tomatoes, standard

. we'glit of be purchased by the Board of PubUc Works of Maryland and Scale to be located In located at such place in Centre Market Space, in Baltimore city, as slul^^oJe ^'^'^ shall be approved by the Mayor of said city. An appropriation of one thousand dollars, or so much thereof as may be necessary, is hereby appropriated from any moneys in the Treasury not otherwise

appropriated to purchase, locate and establish a scale for the

weighing of tomatoes and other vegetables sold by weight in said

Centre Market Space, and immediately after the location said scales

shall be purchased and put in place for the purpose of this Act.

There shall be appointed by the Governor a weigher, who shalK sec. 36, as enacted by

1 1 1 • 1 i 1 I- • 1 • 1 ii 1 Laws, 1910, ch. 738 be charged with the duty of weighing all tomatoes and all other ^^^tuc ^^igher^^f

vegetables sold by weight brought to the said Market for sale bybies, center Market the wagon load, who shall receive therefor the sum of ten Qg^^g

^p^'^^' per wagon load for performing these 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 performed; provided, that, besides the two cents,

he shall pay all excess over $1,000 to the Comptroller, it being the

intent of this Act that he shall only receive $1,000 per annum as

his salary, to be paid entirely from his fees, at 8 cents net per load. I^mpensatien

The said vegetables shall be weighed in full wagon loads, and

after their delivery to the purchasers his wagon and the empty

boxes shall be returned to said scales and the weight thereof shall

be deducted from the gross weight as shown by the first weighing,

and the said packers shall be required to pay for said vegetables

at the weight certified by said weigher. In case the boxes in

which said tomatoes are contained shall not be returned, the said

weigher shall weigh ten empty boxes, and the average of weight
i8o Laws Concerning Weights and Measures

Misdemeanor

Penalty

I/aws, 1900, ch. 41 Sec.

(i8g6,iQoo) Gen. Pub. I,aws,

1904, art. 72 Sec. 74 Measure of oysters

shall be established as the weight of all boxes contained in any

wagon or wagons so weighed by him, and any packer who shall

refuse to pay for the same according to the certificate of said

weigher shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $10, nor more than $50,

for each offense; 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 the purchaser, shall be

deemed guilty of a misdemeanor, and, upon conviction before a

Justice of the Peace, shall be fined twenty-five dollars for each

offense.

The legal weight of tomatoes in Harford County shall be sixty

Bushel of tomatoes in pounds to the bushcl, and in all cases where either the buyer or

Harford County ^ '. . 111 1 seller of tomatoes desires it they shall be bought or sold by such

weight.

All oysters sold in this State shall be measured either in a onehalf 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 chime 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

other oyster meas- eighteen iuchcs 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 guilty of a misdemeanor, and pimished upon conviction before a court of competent jurisdiction, to be fined a sum of not less than fifty dollars

Oyster bushel

Oyster measure

Penalty
Maryland i8i

nor more 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 each 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 hereby 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.

The keeper of the standards of weights and measures in Balti-^g^^yg*^'®^'''''^

more Coimty, state of Maryland, shall receive five cents for each f^/^j^r testing

weight and measure, and ten cents for each scale beam tried and weignts, etc. branded, stamped and marked by him, to be paid by the person

for whom the sen,nce may be performed.

The person appointed as keeper of the standards of weights and

measures in Baltimore county, before entering upon the duties of

his office, shall give bond to the county commissioners of said

county in the penal sum of one thousand dollars, conditioned for

the faithful discharge of all the duties appertaining to his office. The keeper of the standards of weights and measures in said

coimty shall keep a book, in which he shall register the names and

postoffice address of the persons whose beams and scales, weights

and measures he has adjusted, stamped or branded, together with

the day of the month and year he shall have performed such

inspection, and the amount of fees or moneys he shall have col- lected from each and every person or firm for said inspections or

fines imposed and collected (Article 97 of the Code of Public

General Laws of Maryland), said list of names and amoimt of

moneys collected from each person or firm to be devised in the

annual statement of the commissioners of said county.

The keeper of the standards of weights and measures (or

inspector) shall return said books of registry, and all moneys

collected from the inspection of weights and measures, or fines

imposed and collected, to the commissioners of said coimty, on or before the first day of October of each and every year, and he

shall receive a salary, not to exceed (including travelmg expenses)

five hundred dollars, or so much thereof as may be derived from

said inspection fees, any excess to be paid into the treasury for the

benefit of the pubUc schools of said county.

Sec. 436

Bond

Sec. 437 Register of work done

Sec. 438

Disposition of fees

Salary
l82 Laws Concerning Weights and Measures

i9f4?voi.*^a'rt. 48!"p: Bvcry manufacturer, company or person who shall sell, offer or

^^49 ^^^^^^ expose for sale or for distribution in this state any concentrated

Net ^weight to ^e ^'"'^^^^^^^^^ feeding stuff, as defined in the following section of

marked on packages of this subtitle, uscd for feeding farm live stock and poultry, shall

ee mg s u 2i&x. to cvcry package of such feeding stuff, in a conspicuous place, on the outside thereof, a plainly printed statement, clearly and

truly certifying the nmnber of net pounds in the package sold or

offered for sale, the name or trade mark imder which the article

is sold, the name of the manufacturer or shipper, the place of

manufacture * * * .

DefiStion '^^^ term concentrated commercial feeding stuff, as here used,

shall not include hays and straws, the whole seeds nor the unmixed

meals made directly from the entire grains of wheat, rye, barley,

oats, Indian corn, buckwheat and broom corn. Neither shall it include wheat, rye and buckwheat, brans or middlings, not

mixed with other substances, but sold separately, as distinct

articles of commerce, nor pure grain ground together. * * *

Definition The term concentrated commercial feeding stuff, as here used,

shall include linseed meals, cotton seed meals, cotton seed hulls,

pea meals, cocoanut meals, gluten feeds, maize feeds, starch feeds,

sugar feeds, dried brewers grains, malt sprouts, hominy feeds,

cereline feeds, rice meals, oat feeds, corn and oat chops, ground

beef, fish or animal meals, all patented or trade-marked foods,

and all other materials of similar nature not included within the

preceding section of this subtitle,

igf4"art. ^s^^p. 1^29"^' It shall bc the duty of each inspector to cause each hogshead of

Sec.

20^^*'^''^ tobacco before it is uncased, to be weighed, and the tobacco in

in wareh^^ses*

'"''acco gac]^ hogshcad, 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 the weight of each hogshead as first weighed, and the gross and net weight of the tobacco therein con- tained after inspection, to be entered in a proper book, with suffi- cient reference to its numbers and marks as previously recorded.

Net "weight to be It shall be the duty of each inspector to cause to be marked

marked on hogshead

y^-^^^v a marking-iron on the side of each hogshead of tobacco imder

his charge, the warehouse, number and weight of said hogshead,

and the net weight of tobacco contained therein, and to cause the

warehouse number of such hogshead to be marked with blacking on each head thereof.

Laws *'i9o?^h 124 That the Mine Inspector shall also be an inspector of weights

Laws' ^"'^^^'^'^•^^'and measures at all mines now or hereafter opened in said coimties

Art. I, sec. 202 [Allegheny and Garrett], and shall weigh several cars of coal

weighing'^of^^cars oi mined therein once every two months on the scales of the different

mines (or when requested to do so especially by any miner or
Maryland

operator) , in order to test the accuracy of said scales, and the

State shall supply said Mine Inspector with the required weig:hts. Mine inspector made

^'^ ' . 111 1 1 inspector of weights and and apparatus lor testing scales, and to do any other act he may measures deem necessary to ascertain whether the coal be justly weighed at

said mine ; and it shall be the duty of every person acting as weigh- 'Weighing of coai master for the owner, lessee or agent of said mines, before entering

upon the performance of his duty as weighmaster or checkweighman, or before making any report, to make oath before

some justice of the peace, in the proper county, that he will perform the duty of weighmaster or check-weighman as prescribed

by this Act, at such mine, \^dth honesty and fidelity, and will keep

a true and accurate accotmt of all the coal so weighed by him, and

will credit and allow the full weight, and no more, of coal in each

mining car, to the party or parties who mined the same at the

rate of two thousand two himdred and forty potmds per ton, and

all fractions thereof be coimted in hundred weights, a copy of

which oath shall be posted up in said weigh-ofiice where such coal

is weighed. But the said oath of weigh-master or check-weighman

shall be tmderstood and construed as oaly requiring said weighmaster or check-weighman to allow and credit said fraction of

tons in whole himdred weights (cwts.) in manner following,

namely: \Vhere the odd pounds in any mining cars in excess of

the whole hundred weight therein, shall equal or exceed fifty-six

poimds, the said weighmaster or check-weighman shall credit such

miner with a whole hundred weight for such odd pounds, but

where such odd pounds, less than a whole hundred weight (c%vt.)

shall be less than fifty-six poimds, then such weighmaster or checkweighman shall give such miner no credit whatever for such odd

pounds; and it shall be the duty of said weighmaster and of any

check-weighman to perform the several acts and matters prescribed in said affidavit. Provided that every car when weighed cars, howweighed

shall be uncoupled and stopped on the scales; but the Mine

Inspector may make special regulations as to the stopping of cars when necessary.

The Mine Inspector shall have power to examine the weighing a^" ^2^Iec^?-7 sheets on which the weight of the miner's cars are registered, and inspection of accuracy

r 1 -11 1 1 1111°' weighings the monthly aggregate of coal weighed on such scales, and shall

compare such aggregate monthly weighings with the "manifest"

or "shipping" reports of the operators, and thus determine from

time to time whether the coal is accurately weighed.

That it shall be lawful, however, notwithstanding the provisions -^rt. i. sec. 204 1. .1 11 .1.-^ ,j. Art. 12, sec. 158 of this Act, m relation to weighmaster and the weighing of coal, for weighing of coai any lessees, owner, individual or agent of any mine in said counties

of Allegany and Garrett to contract with the miners to mine coal

therein or therefrom by measurement; and it shall also be lawful
i84 Laws Concerning Weights and Measures

for any owner, lessee or agent of any mine in said counties, at or in

which not more than ten miners are employed at any one time, to

contract with the miner or miners employed therein by the day,

week or month instead of by weight, and in all such cases when

the compensation of the miners by their contract or agreement

fixed by the day, week or month, be ascertained by the cubic yard

or other measurement, as hereinbefore provided, it shall not be

obligatory upon such owner, lessee or agent of such mine to provide

any weighmaster or weigh the coal mined in such shaft or mine, or taken therefrom, but the mine cars used in any such mine worked

by shaft shall be measured by a sworn measurer, and said owner,

lessee or agent shall cause the capacity of each of said mining cars

to be plainly stamped or branded thereon.

Art. i^sec^aos That at any time upon the request of a majority of the miners

check-weighmaster then employed in any coal mine in said counties of Allegany or

Garrett, the agent, lessee or operator of such coal mine shall permit

said miners (but at their own expense) to provide and keep in the

said weigh house at said mine, at the scales kept thereat, for such

length of time as such miners may require, a check-weighmaster,

who shall have the right at all times to be present when the coal

mined at each mine is being weighed by the weighmaster of said

mine, and to examine the scales thereof, and to take and keep a full statement of the weight of each mining car load of coal, as shown

by the said scales when the coal is being weighed thereon by said

weighmaster, and upon the discovery by such check-weighmaster of

any wilful violation of any of the provisions of this Act by the

weighmaster employed at such mine, it shall be the duty of such

check-weighmaster to immediately lay all such information before

the State's Attorney of the county in which such weigh house is situated, or the Mine Inspector, for their action upon the same.

Art. i^seo 206^ That it shall be the duty of every person acting as weighmaster

Dutiel'ofwJighmas- in any of the said mines, to keep in ink or indelible pencil a list or statement of the number of mining cars, and the weight of coal in car mined each day, and the persons mining the same, and place

and keep said list at the weigh house, where said coal is weighed,

where the parties interested therein may inspect it, which list shall

be kept for reference and inspection by all persons interested therein

Duty of operator for at least thirty days time. And it shall be the duty of every

operator to provide correct and accurate scales, upon which all coal mined in said mine shall be weighed in the state in which it is mined, before the same shall be dumped or taken from the mining

cars, in which the miners have loaded the same; and no operator

shall dock any miner in excess of five hundred pounds (cwts.) on

one car, and it shall be the duty of the operator to cause the aver- age weight of each empty car used at any such mine to be plainly

stamped on the outside of each car.
MASSACHUSETTS

The avoirdupois pound shall bear to the troy pound the relation ^ ^62^p'^583^°^'

of seven thousand to five thousand seven hundred and sixty. The '^^ (^^'p^) hundred weight shall contain one hundred avoirdupois pounds, Avoirdupois to troy and the ton twenty hundred weight. Hundredweight

The barrel shall contain thirty-one and one-half gallons, and the f"? , hogshead two barrels. ^^^^ The barrel of flour, measured by weight, shall contain one hun- ^rts^'ig^i^ ^^"^^

dred and ninety-six pounds, the barrel of potatoes one hundred

and sixty-five pounds, and the barrel of sweet potatoes one hun- —potatoes J J J ^r^. J —sweet potatoes dred and fifty poimds.

The legal and standard barrel for cranberries shall measure not Acts, 1903. ch. 408, 11 ,,-as amended by Acts, less than twenty-five and one fourth mches between the heads, 19", ch. 380 inside; the diameter of the head shall be not less than sixteen and sSeJf cranberry bar- one fourth inches, including the bevelled edge; the outside ^-jjjgg

"^a'^' "^"^b. etc. circumference shall measure not less than fifty-eight and one half

inches; the thickness of the staves shall be not greater than fotu" 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. 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 capacity, exclusive of any partition or support, of nine hundred and ninety and four hundred

and ninety-five cubic inches, respectively. No barrel, crate, one

half crate or one quarter crate, intended for the sale or delivery

of cranberries, except of the standard measure herein specified

and plainly marked with the words "Massachusetts Standard

Measure", shall be manufactured or sold. No person shall so mark any barrel or other package so used or intended to be used

tmless its interior capacity is as great as the capacity herein specified for such package.

Every barrel, crate, one half crate or one quarter crate used for

^j^jjjgojgjt the sale or deliver}' of cranberries shall be of the Massachusetts

185
i86 Laws Concerning Weights and Measures

Penalty ior violation

Acts, 1911, ch. 380

Sec. 3

standard measure, and shall be marked as required by this act. 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 herein provided for. Any person violating any of the provisions of this act shall be

punished by a fine not exceeding one hundred dollars. The

sealers of weights and measures of the several cities and towns

shall cause the provisions of this act to be enforced.

It shall be lawful to use for the sale and delivery of cranberries

a^^a es* ^^aum^rilld^ P^^^^§'^^ Containing one, two or four poimds of cranberries net

Set'^XIights" to"^ be weight : provided, that said net weight is plainly stamped on the

top or side of each package.

Pounds. Fine salt 50 Lime 70 Sweet potatoes 54 Beans 60 Dried apples 25 Dried peaches 33 Rough rice 45 Upland cotton seed 30 Sea island cotton seed 44 Buckwheat 48 Beets 60

Cranberries 32 Pears 58 Parsnips 45 Roasted peanuts 20 Green peanuts 22 Peaches 48 Tomatoes 56 Turnips 55 Quinces 48

Rev. Laws, 1902, ch. Pounds.

62. vol. I, p. 583 Wheat' 60

(1762, 1817. 185s. TnHian com cfi i8q4, j8gs. igoi, igio) J^naian com 50

Sec. 4, as amended by Rye 5"

Acts, 1910, ch. 297 Barley 48 Weights per bushe Com meal 50 Rye meal 50 Peas 60 Soy beans (glycine hispida) 58 Potatoes 60 Apples 48

Carrots 50 Onions 52 Clover seed 60 Herdsgrass or timothy seed 45 Japanese barnyard millet (panicum

crus-galli) 35 Bran and shorts 20 Flaxseed 55 Coarse salt 70

sec'^f*"'^^"'^ In this Commonwealth a bushel of cracked corn or feed or any

^Weight of bushel of jjjg^j exccpt oatmcal shall be fifty pounds, and a cental shall be

Cental one htmdred potmds.

'''^^g^.'iSmf^'os^T//. The foUowing weights, measures and balances now in the

sel.'d^"''' treasury; a set of dry measures consisting of one-half bushel,

and'meisu^rer^'^'**^ fo^) two, and ouc quarts ; a set of liquid measures consisting

Capacities

Weights

of one gallon, two and one quarts, one pint, two and one gills, a

set of apothecaries' liquid measures consisting of one gallon, four,

two, and one pints, twelve, eight, six, four, three, two and one

ounces, four, two, and one drams, ten and five minims; a set of

avoirdupois weights consisting of fifty, twenty-five, twenty, ten,

five, four, three, two and one poimds; eight, six, four, three, two

and one otmces, 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 himdred, two htmdred, one hundred, fifty, thirty, twenty, ten, five, three, two and

' For convenience in printing a sUght change has been made in arrangement of these articles.
Massachusetts 187

Custody

Sec. 7

one pennyweights, ten, six, five, four, three, two, and one grains,

one-half a grain, twelve, ten, six, five, four, three, two and one

ounces, five-tenths, four-tenths, three-tenths, two-tenths, and onetenth, five one-hundredths, four one-hundredths, three one- hundredths, two one-hundredths, one one-hundredth, five one- thousandths, four one-thousandths, three one-thousandths, two

one-thousandths, one one-thousandth, five ten-thousandths, four

ten-thousandths, three ten-thousandths, two ten-thousandths, one

ten-thousandth, of an ounce; a set of apothecaries' weights consisting of twelve, six, two and one ounces, four, two and one drams,

two and one scruples, ten, five, four, three, two and one grains,

one-half, one-quarter, and one-tenth grains, a yard measure and Length three sets of balances, shall be the sole authorized standards of

weights and measures, except as provided in chapter sixty-three.

They shall be kept in the treasury by the treasurer,^ and at least once in every five years he shall cause them to be compared with

those of the United States government and, if necessary, corrected

so they shall agree therewith.

Such weights, measures and balances as may be procured from

time to time to replace the standard weights, measures and bal- p,^/^f^hei° ances shall be preserved in the same form and of the same dimensions as are required of said standards, the denomination of the

weights and measures shall be marked and stamped thereon

respectively and they shall be sealed with the seal which is kept

for that purpose by the treasurer and receiver general.^

The treasurer and receiver-general shall appoint a deputy state

sealer^ of weights and measures, who shall be sworn, shall give

bond for the faithful performance of his official duties, shall have

his office in the treasury of the Commonwealth, shall perform his

duties under the direction and supervision of the treasurer and

receiver general and shall receive from the Commonwealth an

annual salary of fifteen hundred dollars and the necessary expenses

incurred in the performance of his duties. The treasurer shall

provide his deputy with whatever may be necessary for the proper

performance of his duties and shall furnish him with duplicates of

the authorized pubhe standard weights, measures and balances in

the treasury, and he shall keep and use them for sealing weights, measures and balances in the same manner as the standards kept

in the treasury are used by the treasurer. The deputy shall try, adjust and seal the standard weights, measures and balances of every city and town at least once in

five years, and shall see that they are kept in good order and

condition, and for such purpose he shall at any time, upon the

(iSqo, iqoi, 1907)

Sec. 8 Deputy State sealer

Salary and expenses

{18go, iQoi)

Sec. 9 Duties ol

' By an act of 1907, ch. 534, Acts, 1907, all duties pertaining to the care, custody, and furnishing of standard

weights and measures, etc., devolving upon the treasurer and receiver general and upon the deputy state

sealer, are transferred to the commissioner of weights and measures.
i88 Laws Concerning Weights and Measures

request of a city or town treasurer, visit such city or town. He

may also inspect the weights, measures and balances of any per- son which are used for selling any goods, wares, merchandise or

other commodity or for public weighing in any city or town,

and if he j&nds them inaccurate he shaU forthwith inform the

mayor or selectmen who shall cause the provisions of this chapter

to be enforced. If in the performance of his official duties he

discovers a violation of the laws, he may enter a complaint and

prosecute the same, and for this purpose shall have like powers

and authority as are conferred upon the sealer or deputy sealer

of a city or town by sections twenty-nine and thirty. Whoever

hinders, obstructs or in any way interferes with him in the performance of his duty shaU be pimished by a fine of not more

than three hundred dollars or by imprisonment for not more

than sixty days.

Sec lo^^**^' '^^^ deputy shall keep a record in detail of the places visited,

Record and of the weights, measures and balances tested by him, and he

shall annually during the first week in January, make a report

thereof to the treasurer and receiver general.

^^78Vo^\'8f/^t?4S 7s%' '^^^ treasurer shall provide each county, city and town with

1880) ' ' "

' 3. complete set of the standard weights, measures and balances

standard weights to named in the following section:

dties.X.''^

counties, Couutics,! citics and towns shall keep the following standard

(rfpo) weights, measures and balances: A set of avoirdupois weights

^un'^ standards cousistiug of fifty, twcuty-five, twcuty, ten, five, four, two and

one poimds, 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 measures; a set of liquid measures consisting of one gallon, one half-gaUon, one quart, one pint, one half-pint, and

one gill; one balance; one yard meas-ure; and each city and each

shire town shall keep the meter and kilogram and such standard

troy weights as the treasurer and receiver general may designate.

Each county shall keep a set of apothecaries' weights and apothecaries' liquid measures.

A^,^i907, ch. 534 'Xhe governor, with the advice and consent of the cotmcil, shall

Commissioner appoint a commissioncr of weights and measures for the term of

of weigits and meas- r ^ • ires three years from the date of his commission.

A^u 'g^^^f^^^

'^^^ ^^^^ commissioner may appoint six inspectors. The

^—to appoint inspec- aunual Salary of the commissioner shall be two thousand dollars,

and of the inspectors twelve himdred dollars each, and they shall

give bonds for the faithful performance of their duties. The

commissioner shall be allowed for clerical services, travel and

1 So much of ch. 62 of the Revised Laws and amendments thereto as provide that counties shall be fur- nished with standard weights and measures by the Commonwealth, and that county treasurers shall have

the care and custody of the same and shall act as sealers of weights and measures is repealed by ch. 310, Acts,

1909.
Massachusetts 189

contingent office expenses for himself and his inspectors such sum

as may be necessary, to be paid out of the treasury of the commonwealth.

The commissioner shall assume all such duties pertaining to the

powers ot care, custody and furnishing of standard weights, measures and wmm'ssioner balances, and the inspection of weights, measures and balances,

and the sale of various articles, as are now imposed on the treas- urer and receiver general or upon the deputy state sealer of

weights and measures by the Revised Laws and acts in amendment thereof and in addition thereto, and shall have all powers

now vested in and may do all acts required of said officers for these

purposes. He shall cause to be enforced all laws relating to the

using or giving of false or insufficient weights or measures, shall

keep a record in detail of the work of his office, and shall annually,

during the first week of January, make a report thereof to the general court. The inspectors shall, under the direction of the commissioner, ^^f^gpectora

aid him in performing the duties of his office, and shall have the

necessary powers now vested in the deputy state sealer of weights

and measures for this purpose.

Every city and town sealer of weights and measures shall annu- |fy l^^^ j^^^ sealers ally during the month of November, make a report of the weights, TMake annual report measures and balances tested, sealed or condemned by him,

together with an inventory of the standards and working apparatus

in the possession of his city or town, to the commissioner of weights

and measures.

City treasurers and town treasurers if so directed by the select- g^^^^- men, shall, upon request to the treasurer and receiver general, be ^ O^o?) provided, at the expense of such cities and towns, with duplicate j^^citie^Mid towns to sets of said apothecaries' weights and apothecaries' liquid meas-

^"^^^^

ures, as described in section six, which shall be used as standards

in the respective cities and towns in which they are kept.

The several county,^ city and town treasurers shall, at the ex- ^^%s^'jg//^%g^)^°°'

pense of their respective counties, cities, and towns, provide gee 'is

'

1 • Ml 1 r 1 r 1 -ill • , Safe-keeping of therein accessible places for the safe and suitable keeping and weights preservation of the weights, measures and balances furnished by

the Commonwealth, which shall be used only as standards. Said

treasurers shall have the care and oversight thereof ; shall see that

they are kept in good order and repair ; and if any of them are lost,

destroyed, or irreparably damaged, shall, at the expense of the

county,^ city or town, replace the same by similar weights, measures or balances. Counties, cities and towns may effect insurance on such weights, measures and balances, for their own benefit.

The standards, except those of apothecaries' weight and apothe- drss-Q. mo; iSqs.

> 1- -J -L- 1. • ^1- ^ J £ i 1 4- 1847.1848. 1S90; i8q7. caries liquid measure, which are m the custody ot county ^ treas- mo)

' See note on p. 188.
I go Laws Concerning Weights and Measures

clunty and town ^^^^s shall, at Icast once in every ten years, and such standards

standards to be tested which are in the custody of city and town treasurers shah, at least once in every five years, be tried, adjusted, and sealed by the

treasurer and receiver general or by his deputy. At least once in

every three years the standards of apothecaries' weights and of

apothecaries' liquid meastues which are in the custody of county

treasurers shall be compared with and adjusted by those in the

custody of the treasurer and receiver general, and such standards

in the custody of city and town treasurers, with those of the treas- urer and receiver general or of the county treasurer. Every

treasurer who neglects to have the standards in his care so sealed

shall forfeit not more than fifty dollars.

{1692-3,1799^1863,1876, 'j^j^g mayor and aldermen of cities and the selectmen of towns

Appotatment of seal- ^^^^^ annually, in March or April, appoint one or more sealers of

ers and gangers Weights and mcasurcs, or one sealer and one or more deputy sealers

to act under the direction of the sealer, and they may also appoint

Removal gaugcrs of liquid measures; and may at any time remove such

sealers, deputy sealers and gangers, and appoint others in their

places.

Sec I ^'^''^ Every sealer of weights and measures shall receive from the

tolo^s^forstod'ards ^^^^.surcr of his city or town a set of the standards and a seal, and

shall give a receipt therefor, stating the condition in which they are

received; and he shall be accoimtable to his city or town for the

due preservation thereof in Uke condition until he returns them

to the treasurer.

^^705-6.^1730-1.^738-9^ The treasurer and receiver general and his deputy, the cmmty ^

Sec. '20, is am^ded treasurers, and the city and town sealers shall keep seals for their

by Acts, 1907, c

. 283 seals of the treasurer and of his deputy shall bear the

Kach treasurer^ seal letters " C. M. " and thosc of the coutity treasurers and city and

town sealers shall be of such type as shall be approved by the

deputy sealer. Any such treasurer or sealer who neglects to keep

Seals to be approved a seal in accordance with the provisions of this section shall forfeit

not more than twenty dollars, and whoever, without being duly

^^p|naJ^y^JorTMperson- authorized to do so, impersonates a sealer or deputy sealer of

weights and measures by the use of a seal or otherwise, or has in

- his possession an imitation or counterfeit of a seal used by a sealer or deputy sealer of weights and measures, shall be punished by a

fine of not more than fifty dollars.

^^"'5^7 l876'%7)^^'' Sealers of weights and measures shall annually give public notice

A^uii notice of ad advertisement, or by posting in one or more public places in

justment their respective cities and towns, notices to all inhabitants or per- sons having usual places of business therein who use weights, measures or balances for the purpose of selling goods, wares, merchandise or other commodities or for public weighing, to bring in

' See note on p. 188.
Massachusetts 191

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. After giving said notice, said sealers shall go to the houses, (^705^5. 1799. isi?. stores, shops or vehicles of persons who neglect to comply therewith, and shall adjust and seal their weights,measures and balances, by Actifig^, cTM.^4^ Any person who shall neglect or refuse to exhibit his weights, ^i^'^''"* sealing measures or balances, used for the purpose of weighing or measuring, to a sealer or deputy sealer, or whoever hinders, obstructs

or in any way interferes with a sealer or deputy sealer in the performance of his duty shall be punished by a fine or not more than

fifty dollars. Said sealers shall go once a year, and oftener if necessary, to every (^g5-*^,rf55. 1^47. hay and coal scale and to every platform balance within their Haysiaies

respective cities and towns which cannot be easily or conveniently

removed, and shall test the acciu^acy of, adjust and seal the same. Whoever uses scales, weights or measures, for the purpose of 0^70. 1876) buying or selUng any commodity may, if he desires it, have his to test weights upon weights and measures, used for such piarpose, tested and sealed by*^^**""'

the sealer of weights and measures. Apothecaries and all other persons dealing in drugs, medicines or sec.

25^^'^'^^ merchandise commonly sold by apothecaries' weight or by apothe- wS^ts"'

^p"*^'^'^*^^' caries' liquid m.easure shall, at least once in three years, cause such

weights and measmres so used to be tested and sealed either by the

county treasurer or by the sealers of weights and measures in

the respective cities and towns in which they carry on business.

Coimty ^ treastu-ers, for the purpose of this section, shall be sealers

of weights and measures in their respective coimties.

Whoever sells or deals in drugs, medicines or merchandise which Ig^aity jauurg require the use of apothecaries' weights or apothecaries' liquid 'est measvues or in the sale of which they are commonly used, and does

not have such weights and measures tested in accordance with the

provisions of this chapter shall be punished by a fine of not less than five nor more than fifty dollars for each offence.

If a sealer of weights and measures cannot seal any weights, measures and balances in the manner before provided, he may Marking weights 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 conform

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

' See note on p. iS8.
192 Laws Concerning Weights and Measures

use trntil he is satisfied that they have been so adjusted as to con- form to the standards; and whoever removes said notice without

the consent of the officer affixing the same shall for each offence

forfeit not more than fifty dollars, to be equally divided between

the city or town and the complainant,

ieailrstohavedupu- ^ scalcr or his deputy, when visiting the place of business of any

cate sets pcrsou for the purpose of testing any weights, measures or balances,

may use for that purpose such weights, measures or balances 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 provided by the Commonwealth ; and all weights, measures and balances so sealed shall be deemed to be legally

sealed, as if they were tested and sealed with the standard weights, measures and balances.

(^^'^77. -r^P?) A sealer or deputy sealer of weights and measures may seize

^^May seize for evi- without a Warrant such weights, measures or balances as may be

necessary to be used as evidence in cases of violation of the law

relative to the sealing of weights and measures ; and they shall

be returned to the owners or forfeited as the court may direct.

Sec. 30^^**^^ A sealer or deputy sealer of weights and meastues, or any

mfasuies

°' "^^^'^ pcrson Specially authorized by the mayor and the aldermen or selectmen, may seize any measures which are in the possession of

the vendor of merchandise and which are used or intended to be

used for measuring merchandise offered for sale by him if they are not of the shape or dimensions, or are not sealed, as required by

law; any such vendor who has in his possession such measures,

with intent to use them in violation of law, shall be punished by a

fine of not more than twenty dollars for each offence, and such

measures, upon proper proceedings, shall be destroyed. Such possession of such measures shall be prima facie evidence that they were intended to be used in violation of law. Violations of the

provisions of this section shall be prosecuted by said officers.

{1863, 1S70. 1876. iSor) If any person informs a sealer of weights and measures that he

Incorrect weights has reasonable cause to believe, or if such sealer 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, said

sealer shall go to the place where such weight, measure or balance

is, shall test it and mark it according to the result of the test ; and

if it is incorrect and cannot be adjusted, he shall attach thereto a notice of that fact and forbidding the use thereof until it has been

Suspected measures made to couform to the authorized standard. If a sealer has

reasonable cause to befieve that a weight, measure, scale, balance

or beam has been altered, since it was last adjusted and sealed he

shall enter the premises in which it is kept or used and shall ex-
Massachusetts 193

amine the same. Whoever uses a weight, measure or balance 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. All weights, measures and balances which cannot be made ^'po. 1876, 1897. igw)

r 1 111111 1/-A1 1 ^^"^^ 3^' amended to conform to the standard shall be stamped Condemned ortyActs, 1910, ch. 209

vVciffhts to DC msracd "CD" by the sealer. All weights, measures and balances in the "condemned," when possession of a merchant or vendor that are not used for the

purpose of buying or selUng, or for the ptirpose of weighing and

measm'ing for hire or reward shall be plainly marked by the

sealer with the notice stating that such articles have not been

sealed in accordance with the provisions of this chapter. Whoever removes said notice without the consent of the person affixing Penalty for removal oj the same shall be punished by a fine of not more than fifty dollars. Whoever uses, or has in his possession with intent to use, a false ^sec^' as^imended or condemned weight, measure, scale, balance or beam for weigh- Acts '1906, ch. 215 ° ' , , 1-1 Penalty for usmg false mg or measunng any commodity sold or exchanged may for each weights offence be fined not more than fifty dollars. 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.

Each sealer of weights and measures, including the county (.'692-3. 1730-1, 1738-Q. treasurers, shall receive a fee of one dollar for seaUng each platform istL^dY^^'

balance if weighing five thousand pounds or more, and fifty cents fees^of sealers if weighing less than that amount, and three cents each for sealing

all other weights, measures, scales, beams or balances. He shall

also have a reasonable compensation for all necessary repairs,

alterations and adjustments made by him.

Cities and towns may establish ordinances and by-laws pro- ^^^{1863,1876)

viding that the sealer of weights and measures shall be paid by a ^^^^^^^

be paid salary, and that he shall account for and pay into the city or town

treasury the fees received by him by virtue of his office; and if such salary is paid, no fees shall be charged for services rendered

under the provisions of section twenty-one.

Vibrating steelyards may be used if each beam and the poises usoo.isie) thereof are annually tried, proved and sealed by a sealer of steelyard weights and measures. Whoever sells or, if by the custom of trade such weights, meas- ^^^oja

j^fj'%J^^^' ures, scales, beams or balances are provided by the buyer, buys by gee 37 ^

'

J.1 • i-j. 11- i_ 1 4.1, Unsealed weights any other weights, measures, scales, beams or balances than those

which have been sealed as before provided or as provided in chapter

sixty-three shall forfeit not more than twenty dollars for each Penalty, offence to the use of the person suing therefor.

The seller may recover the fair market value of goods, wares or gee

'38^"'' ^'^^'^^ merchandise sold if they were, for the purposes of the sale, "w^eighed^vaueofgoods^soid by or measured upon scales, measures, weights, beams or balances collected 8578°—12 13
194 Laws Concerning Weights and Measures

which were not sealed according to law, or 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

^^^^"^ commodities are sold by the hundred weight, it shall be under-

^Hu^dredweight, how stood to mcau the uct wcight of all packages of not more than one hundred pounds avoirdupois; and all contracts concerning goods

sold by weight shall be understood and construed accordingly.

Ruiet°for weighing Evcry pubHc wcighcr of goods or commodities shall weigh the same according to the provisions of the preceding section, and

shall make his certificate accordingly; and for each refusal or

Public weigher ncglcct hc shall forfcit not more than ten dollars. Kvery weigher

of goods appointed by a city or town and every weigher for hire or reward shall be a public weigher within the provisions of this

section.

Sec

/''^^^^ ^^^y council of a city or a town accepts the provisions of

Me'asures for salt and this scction or has acccptcd the corresponding provisions of earlier

laws, every measure by which salt or grain is sold shall in addition to being conformable in capacity and diameter to the pubUc

standards, have a bar of iron, approved by a sealer of weights

and measures, across the middle thereof at the top, and a bar

or standards of iron, approved as aforesaid from the center of

the first mentioned bar to the center of the bottom of the measure; and every such measure shall be filled by shoveHng such salt or grain into the same, and the striking thereof shall always be

lengthwise of the first described bar. And whoever sells or exposes for sale any salt or grain in any other measure, or fills or

strikes such measure in any other manner than is provided in this

section, shall forfeit fifty cents for every bushel of salt or grain so meastired, filled, or stricken; but salt may be measured from vessels in such measures as are used by the government of the United

States, or, as authorized by any city or town, in tubs or in proportional parts of hogsheads, without bars.

(1S63) The mayor and aldermen of a city or selectmen of a town in

Sec 42 . . . Appointment ol which boilers and heavy machinery are sold shall appoint, and may

weighers of boilers , j • s j. remove, one or more persons, not engaged m the manufacture or

sale thereof, to be weighers of boilers and heavy machinery, who

shall be sworn to the faithful performance of their duties. The

board appointing them may fix their fees, which shall be paid by

the seller.

si?""' ^'S'aS^ded G^^s bottles or jars which are used for the distribution of milk

otai^^'bo^e's'Sid^ars crcam to constuncrs, and which hold, when filled to a level with

used^^ for" mm Mid the bottom of the cap or stopple, not less than seven ounces and six

when; how marked ; drams and not over eight ounces and two drams; not less than

legal measures, when fifteen ouuccs and fivc drams and not over sixteen ounces and four
Massachusetts 195

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 sixtyfour ounces and six drams, shall be sealed as measures under the

provisions of section twenty-one or by the manufacturer. All

dealers in milk or cream who use glass bottles or jars for the distri- bution of milk or cream to consumers, which have not been sealed

by the manufactiurer, shall bring in such bottles or jars to the

office of the sealer of weights and measures in their respective cities and towns, to be sealed as aforesaid; but no fee shall be charged or

received for seaUng them. If a bottle or jar has once been sealed

by the sealer of weights and measures or by the manufacttuer, 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 constuners. 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. Such bottles or jars as are sealed

by the manufacturer shall be marked with the name, initials, or trademark of the manufacturer, and by any other mark which the

commissioner of weights and measiu^es may require. The seaUng

of such bottles or jars by the manufactiurer shall not be held to

affect the provisions of law relating to the giving of false measiures, or the using of a false measure, or the having in possession of a false measure with intent to use. Paper or fibre bottles and jars which are used for the distribution of milk or cream to consumers, and which hold, when filled sealing paper bottles to a level with the bottom of the cap or stopple, not less than eight,

sixteen, thirty-two, forty-eight or sixty-four oimces, shall be

sealed as measures under the provisions of section twenty-one of

chapter sixty-two of the Revised Laws, or of chapter three himdred and twenty-three of the acts of the year nineteen hundred

and six, or by the manufacturer in the manner provided in sec- tion forty-three of chapter sixty-two of the Revised Laws, as amended by chapter five hundred and thirty-one of the acts of the

year nineteen hundred and nine, and when so sealed may be used

in the manner provided by law for glass milk jars and bottles.

Every such bottle or jar shall have plainly stamped upon it by

the manufacturers the words:—"Penalty for re-use, twenty-five

dollars."

Whoever re-uses any such paper or fibre bottle or jar for dis- |*^ty for re-use tributing milk, cream or other liquid used for food, after such

bottle or jar has been once used therefor, shall be pimished by a

fine of not more than twenty-five dollars for each offence.
196 Laws Concerning Weights and Measures

Sec. 2 Fee

Acts^ 1906, ch. 323 sealer of weights and measiires who shall have been notified

Bottles or jars to bej-^y ^nv dealer in milk or cream who uses glass bottles or iars for

sealed by sealer upon / / . . , ° . , , , . . - . notice, when the distribution of milk or cream that the said dealer has m his

possession not less than six gross of such glass bottles or jars which

have not been sealed, shall forthwith cause the same to be sealed

in accordance with the provisions of section forty-three of chapter

sixty-two of the Revised Laws, at a suitable place provided by

the said dealer.

The fee to be charged for sealing bottles or jars imder the pro-

>^isions of this act shall be fifty cents per gross, to be retained by

the sealer of weights and measures: provided, however, that if he

is paid a salary by the city or town he shall account for and pay

into the treasury of the city or town all fees received under the

provisions of this act.

Repeal All acts and parts of acts inconsistent herewith are hereby

repealed.

Acts,^ 1909, ch. 541 Xhe provisions of chapter sixty-two of the Revised Laws rela-

^^Testing^mid sealing tivc to the testing and sealing of vv^eights, measures and balances

axime ers shall apply to all taximeters and other forms of measuring devices

which are used upon vehicles for determining the cost of trans- portation; provided, that the testing and sealing of such devices

shall be performed by the commissioner of weights and measures

of the commonwealth and not by the sealers of weights and measwSgSfand'mea^ureiures iu citics and towus. All such devices shall be tested as to the

rTM^^nd ^egulati^^^ ^^^^^^^^^^^ mcasurcs and values indicated by them, and the

commissioner of weights and measures is empowered to make such

rules and regulations as he may deem necessary to insure accu- racy in the use of the said devices,

commissioner to The commissioucr of weights and measures shall seal the said

sea^.^condemn or seize, ^g^l^^gg whcu tcstcd and fouud to be corrcct, and shall mark, con- demn or seize the same if incorrect, in accordance with the provisions of said chapter sixty-two applicable to weights, measures and balances, and all penalties imposed by said chapter for violation of the provisions thereof relative to weights, measures and

balances shall also be applicable to the said devices,

lie ^ The commissioner of weights and measures shall collect a fee of one dollar for each device sealed under the provisions of this act,

and such fees shall be paid by him monthly into the treasury of

the commonwealth.

Acts,^ 1909, ch. 412 'j^iig provisions of chapter sixty-two of the Revised Laws relating

R^lsId'°La^^s ap'piica^^^ adjustment, testing and sealing of weights, measures and

measuri^g^devklsused^^^^^*^^^ shall apply to all weighing and measuring devices used

for hire or reward for the purposcs of Weighing and measuring for hire or reward.

Testing sealing, etc. A scalcr or dcputy scalcr shall ^eal such devices when they are

of such devices tcstcd and fouud correct, and shall mark, condemn or seize such
Massachusetts 197

devices if found incorrect, in accordance with the provisions of

said chapter sixty-two applicable to weights, measures and bal- ances; and all penalties imposed by said chapter for violation of Penalties the provisions thereof relative to weights, measures and balances

shall also apply to the devices aforesaid.

The provisions of chapter sixty-two of the Revised Laws relat- ^^1% ing to the adjusting, testing and sealing of weights, measures and ^^^("^(P^""^ •^^"'^^^ ^ balances shall apply to all scales, balances, 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. All such

computing devices shall be tested as to the correctness of both

weights and values indicated by them.

A sealer or deputy sealer shall seal such devices when tested and lenaiaes, etc. found correct, or shall mark, condemn or seize such devices if incorrect, in accordance with the provisions of said chapter sixty- appjTM"^'""^ two appUcable to weights, measures and balances, and all penalties

imposed by said chapter for violation of the provisions thereof

relative to weights, measures and balances shall also be applicable

to such devices.

So much of chapter sixty-two of the Revised Laws and of all acts ^^^^-^ 3'° in addition thereto or in amendment thereof as provides that ^ °f Revised 11 -1 1 1 Laws repealed as to counties shall be fiurnished with standard weights and measures by [^"g"^'^^^!^^ '^^""'y the commonwealth, and that county treasurers shall have the care and custody of the same and shall act as sealers of weights and

measures is hereby repealed.

All sets of standard weights, measures and balances furnished l^oiinty standards by the commonwealth, and now in the custody of county treas- ^"'"^ urers, may be sold by the commissioner of weights and measures

of the commonwealth, and the proceeds of such sale, after deducting

the necessary expenses in connection therewith, shall be paid into

the treasury of the commonwealth.

The weights and measures of the metric system may be employed g^^^^- and used in this Commonwealth, and no contract or deahng shall

Sec. I (1S77) be deemed invalid and no pleading in any court shall be open to ^^^^ system au- objection because the weights or measures are stated therein in

terms of the metric system. The metric weights and measures

received from the United States and now in the treasury of the

Commonwealth may be used as authorized public standards of

weights and measures, and shall in no case be removed from the

treasury except under necessity for their preservation or repair.

The following tables shall be recognized in the construction of 1^^^^^ various contracts and in legal proceeding as establishing in terms of the measures metric system the equivalents of the other weights and measures

expressed therein and may also be used for computing, determining
198 Laws Concerning Weights and Measures

and expressing in customary weights and measures the weights

and measures of the metric system.^

Duties of stale and '^^^ dutics of the treasurer and receiver-general and his deputy

town treasurers and the dutics and responsibihties of the treasiu-er of each town,

with respect to the keeping, care, verification and use of the standard weights and measiu-es of the metric system, shall be the same

as those estabUshed by law with respect to other standard weights

and measures.

US77.1S00) The deputy state sealer shall verify, adjust and seal all metric

seaitag of. metric wcights and mcasures brought to him for that purpose. The

weights and measures

ggg^^gj- Qf weights and mcasurcs 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 '^'^^^^ Every person who uses weights or measures of the metric system

ing^mew^'syttem^ purposc 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 meastires shall be hable to the same penalty to which he would

Acts,^i902, c . jja,ve been Hable if he had used other weights and measures.

oiTmi M^be heid'by No pcrson shall be deemed inehgible to hold the office of weigher

either sex

Q-f ^qq^ g^j^y ^^-^^y qj. ^Q-y^rn by rcason of sex.

^R^^-^Laws, 1902, ch. Whoever, in a city or town for which an inspector is appointed,

'^Osj6. 1847. 1861) sells pressed or bundled hay or straw which has not been inspected

Weighing and ia- and weighed as before provided, shall forfeit two dollars for each

spechon of hay and ^^^^ buudlc SO sold ; but no such inspection and weighing need

be made unless the vendee at the time of purchase requires it.

slfi"'

'^^'^ 1"^^ city council of a city may establish ordinances, with suitable

^^inspection and sale of penalties, not cxcccding 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, measure- ment 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 cart or other vehicle ; and said city may provide

for the appointment of such siuveyors, inspectors and other officers as may be necessary to carry into effect said ordinances and may

establish their fees.

' Here follows the conversion tables as adopted by the Congress of the United States. See United

States Laws.
Massachusetts 199

The mayor and aldermen of a city or the selectmen of a town iSso^^iSss. iS6s, shall appoint, and may remove, weighers of coal, one of whom at fhe weighing of coai least shall not be engaged in the business of selling coal, who shall

be sworn, and by whom all coal shall be weighed. No person shall

be ineUgible for appointment because of the fact that he is not a

resident of such city or town, notwithstanding provisions to the

contrary in any general or special act or city charter.

Coal shall be sold by weight, and, except when sold by cargo, two ^-f^jo. 'J^o. /Jjs-^^^^o. thousand pounds avoirdupois shall be the standard for the ton. Sec. 84 as amended Coal in quantities of less than one hundred pounds, shall be sold in sec. bags or baskets, and shall be kept until delivered in the same bags or wSght ind^'melslfre''^ baskets in which the goods are weighed, and coal thus sold shall be

exempt from the provisions of section eighty-eight of this chapter.

Such bags or baskets shall be plainly marked with the name of the

person who puts up the same and the weight of the coal therein

with words in solid Roman capital letters at least one inch in

height.

Section eighty-five of chapter fifty-seven of the Revised Laws is '907, ch. 228 hereby repealed. Repeal Coke in quantities of less than one hundred pounds, and charcoal i, ch.^s?^*"^'' in any quantities, shall be sold by weight or by measure, and shall sec^se^as^'amended be kept until delivered in the same bags or baskets in which the ^^s% ^°oi ^coke'^and goods are weighed or measured, and coke and charcoal thus sold '^'^^''^o^' shall be exempt from the provisions of section eighty-eight of this

chapter. When sold by weight, such bags or baskets shall be

plainly marked with the name of the person who puts up the same and the weight of the coke or charcoal therein, the words so marked being in solid Roman capital letters, at least one inch in

height. Coke sold in quantities of one hundred potmds or more

shall be sold only by weight.

Baskets used in selling coke or charcoal by measure shall be of the ( loor, igoQ) capacity of two bushels, of one bushel, or of one half bushel, Massa- by Acts, 1909, ch. 424 chusetts standard dry measure. They shall be sealed, and their capadt/*'and^se^aiinr^' capacity plainly marked thereon by a sealer of weights and measures of the city or town in which the person using them resides or does business, and shall be filled level full. Bags of coke or charcoal or unpacked kindling wood not exceeding six inches in length

sold or offered for sale by measure shall contain, and shall be sold as containing, one half bushel, dry measure, standard aforesaid, of

said goods, and shall be plainly marked with the name of the person

who puts up the same, and the words in capital letters, each at least one inch in height,—" ONE HALF BUSHEL,"—and kindling wood

may be sold in bundles not less than twenty-seven inches in cir- cumference : provided, that the wood shall be cut not less than two

and one quarter inches long.
200 Laws Concerning Weights and Measures

Acts,^ 1909, ch. 424 The commissioner of weights and measures of the commonwealth

Eniorcement and the scalcrs of weights and measures in cities and towns shall cause the provisions of the preceding section to be enforced, and

whoever violates any provision of this act shall be punished by a

fine not exceeding fifty dollars for each offence.

I Whoever sells coke, charcoal or coal by weight shall without cost

U901, iQio) to the purchaser cause the goods to be-weighed by a sworn weigher

Sec 88 3-S 3.IIl€IlQeQ <~> J <J by Acts, 1910, ch. 219 of the city or town in which they are weighed, and shall cause a cerby weight tificate 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, to be signed by the weigher. Such

certificate shall be given to said person and shall by him be given

only to the owner of the goods or his agent when he unloads the

same; and every such person, owner or agent shall, on request

and without charge therefor, permit any sealer of weights and measures of any city or town to examine the certificate and to make a

copy thereof.

bjfActs'i9^o ch^it^"^ ^ sealer of weights and measures of a city or town in which any

Sealer may direct quantity of cokc, charcoal or coal for delivery is found may, in his

goods to be weighed

(jjg^^j-g^jQjj^ direct the pcrsou 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, shall determine their weight with the tare

weight, and shall direct said person to return to such scales forth-

^ with after imloading the goods; and upon such return, the sealer

Public scales shall determine the tare weight. The scales designated by the

sealer as aforesaid may be the pubHc scales of the city or town or any other scales therein which have been duly tested and sealed,

and shall be such scales as are in his judgment the most convenient

of those available.

sec.^go^y^ended ^ scalcr of wcights and measures of a city or town and a sworn

%tcMd\Tbe'kep"of'"^^^g^^^ shall keep in a book used by him solely for that purpose a

weights and measures rccord of all baskcts scalcd 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

seller of the goods, 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 re- weighing as aforesaid, shall state the weight as given in the cer-
Massachusetts 20

1

tificate and as determined by him. No charge shall be made by

any such sealer for anything done under the provisions of this

and the two preceding sections.

Whoever violates any provision of the seven preceding sections Arts?"i9o'/,'ch^TMr'^^'^' or fails to comply with any request for information or direction Penalty made under authority thereof, or gives a false answer to any such

request, shall for each offence be punished by a fine of not more

than fifty dollars ; and whoever shall be guilty of any fraud or deceit

relative to the weighing, selling or delivering of coke, charcoal or

cofl, shall for each offence be punished by a fine of not more than one hundred dollars. Sealers of weights and measures shall cause for^ement

'° "^^"^^ the provisions of the seven preceding sections to be enforced in

their respective cities and towns.

A vendor of coal, coke or charcoal who has in his possession a (w^-o. 1772-3, isssr basket, bag or other measure which does not conform m every 1884. 1804) particular to the requirements respecting it, with intent to use or pena'ity for having permit it to be used in measuring coal, coke or charcoal sold or Jjler^ TM^^^" offered for sale, shall be punished by a fine of not more than twenty

dollars, and such basket, bag or measure shall be destroyed.

The mayor and aldermen of a city or the selectmen of a town U75S-g: 1772-3. m6,

shall appoint one or more persons whose duty it shall be to seize sll^li

'^^^^

all baskets, bags or measures used or intended to be used for measm- measSes; anestletc,^ ing coal, coke or charcoal, which do not conform to the foregoing

provisions, to arrest without warrant any person who has in his

possession such baskets, bags or measures and to prosecute him

under the provisions of the preceding section. The tribunal by

which he is convicted shall order said baskets, bags and measures

to be destroyed.

It shall be unlawful for any person, firm or corporation to en- A^ts,^ 1903, ch. 484 gage in or carry on the business of selling coal or coke, as principal ^jj^j'^^l^^e^^^^'^" or agent, in any city or town, at wholesale or retail, either by

maintaining a place of business or by peddling the same from

house to house, or otherwise, without first obtaining a license so

to do from the secretary of the Commonwealth.

The said license may be granted by the secretary of the Com-^f^f-/g;|=^TM«°^^'i^y

monwealth for such period, and upon such conditions and terms as i-'c'ense' may be prescribed in cities by ordinance and in towns by by-laws,

and upon the payment of such fees, not exceeding one dollar for ^^es merefor each year of its continuance, as may be prescribed by the secre- tary.

The said licenses may be suspended or revoked at any time by ^^k.

3^,^ fended by

any justice of the superior court, after due hearing, upon com- ^^^ic^enses mky be re- plaint in such form as he may require, for using false weights False weights and

r 1 • 1 -J. J. • • r measures, etc. or measures, for charging exorbitant or excessive prices, for conspiring, combining unlawfully with other persons, or unlawfully
202 Laws Concerning Weights and Measures

discriminating in the conduct of said business, or for any other just

and sufl&cient reason.^

PubUc notice of U- It shall be the duty of any licensee as aforesaid to give public

notice that he holds the license by displaying the word '

' Licensed, '

'

and the number of his Hcense at his place of business and on all vehicles employed by him in his business and in such other manner as the licensing authority may direct. It shaU be imlavrful

for any such persons, firms or corporations not so licensed to designate themselves as hcensed or to use the word "Ucensed" upon

any vehicle or in any place.

Penalty for violations AA-Tioever violates any provision of this act shall be pimished by

fine of not more than fifty dollars or by imprisonment for a term

not exceeding six months, or by both such fine and imprisonment.

56. p!'s43

' Under the supervision of the inspector general and his deputies,

^'^^8%; 1I30; respectively, all kinds of split pickled fish and fish for barrelHng,

^iSjQ, 1830, 1S79) all codfish tongues and soimds, halibut fins and napes, and swordPa1:kSig^MdTr^to^^2^' ^^^^ articlcs are intended for export, shall be well struck

fisii with salt or pickle in the first instance, and presen,-ed sweet and

free from rust, taint or damage; and if they are foimd in good

order and of good quality, they shall be packed in tierces containing three himdred poimds each, in barrels containing two himdred

poimds each, in half barrels containing one hundred pounds each, or in packages containing less than one hundred poimds each, on which the number of pounds therein shall be plainly and legibly

branded. Every cask, kid or package shall be packed with good

clean salt suitable for the ptupose, and, after packing with sufl&- cient salt to presence its contents, shall be headed or well secured

and filled up with a clean strong pickle.

^^ifot ^litj' %'34 Casks which are used for packing or repacking pickled fish ^67) ' 'intended for export, unless they contain less than twenty-five

casks.quaiityandca- pounds Weight, shall bc made of soimd, well-seasoned white oak,

ash, red oak, spruce, pine or chestnut staves, with headings of

either of said kinds of wood, and, if of pine, such headings shall

be free from sap and knots and planed; the barrels, half barrels

and tierces shall be well hooped with at least three good hoops of

sufficient substance on each bilge, and three hoops of the like

quality on each chime; the barrel staves shall be twenty-eight

inches in length, and the heads shall be seventeen inches between

the chimes; the barrels shall contain not less than twenty-eight nor more than twenty-nine gallons each, the half barrels not less than fifteen gallons each and the tierces not less than forty-five nor more than forty-six gallons each. Each cask shall be made

in a workmanlike manner, and branded on its side near the bimg

with the name of the maker.

' Sec. 4 repealed by Acts of 1906, ch. 434.
Massachusetts 203

Boxes used for packing smoked alewives or herrings shall be

made of good sound boards sawed and well seasoned, the sides, ^.g^^"^^'^' ''"^'"y a°<* top and bottom of not less than half inch and the ends of not less than three-quarters inch boards, securely nailed; and such boxes

shall be seventeen inches in length, eleven inches in breadth and

six inches in depth, in the clear, inside.

If fish are sold by the quintal, it shall be understood to mean 2/'*^^'' a quintal of one hundred pounds avoirdupois, and all contracts Quintal, weight of relative to fish sold in this manner shall be construed accordingly.

If clam bait is sold by the barrel, it shall be construed to mean ^'fg^^'/^/gl'/f'"'- '^f" a fish barrel of not more than twenty-nine nor less than twentyl^^^^^jj^., jo^jgnt eight gallons, and containing twenty-six gallons of clams and not of barrel of, etc. over three gallons of pickle. If a disagreement arises between

the purchaser and seller respecting the quantity in a barrel, either

party may have the barrel measured by the inspector of fish ; and

if it does not contain the aforesaid number of gallons of clams, the

seller shall receive pay for the number of gallons it contains, and

shall pay the expense of measuring and coopering; otherwise the

purchaser shall pay such expense.

The mayor and aldermen of cities and the selectmen of towns, ^g^'^^^^ in which salt water fish are landed from vessels, shall annually weighers of esh appoint a public weigher of fish, who shall hold office for one year

from the time of his appointment and tmtil his successor is appointed, shall be sworn to the faithful performance of his official duties and shall give bond with sureties in the sum of five thousand

dollars. All fish when landed from vessels or boats shall be weighed by Itsh^'o be weighed

such weigher or his deputies, upon the request or demand of the"^''"^^''"^^'"'''*®TM^'"* buyer or seller of such fish or of the master, agents or a majority

of the crew of such vessel or boat; and the weigher shall issue a

certificate of weight to the seller and a duplicate to the buyer.

The deputies shall make report to the weigher of the fish weighed Record of weight, by them, and he shall keep a complete record of such weight with®*"^"'° the date of weighing, the name of the vessel from which the fish were taken and the person for whom the fish were weighed. Such

scales, beams, measures or balances as may be required by the

weigher or his deputies shall be properly sealed according to law

and be under his supervision.

The fees for weighing shall be twenty cents per one thousand fees^^or weighing

pounds, but in no case less than one dollar, and shall be paid by

the person applying to have the fish weighed. The deputies shall

pay to the weigher two cents per one thousand pounds for all fish

weighed by them.

A weigher or any of his deputies who violates his oath of office lenaity on weigher, shall be Hable to a penalty of not less than twenty-five nor more

than one hundred dollars and shall forfeit his position.
204 Laws Concerning Weights and Measures

Rev. Laws, 1902, vol. cEch citv or town where beef cattle are sold for the purpose of

I, cn, 57, p. 557 , r r

Sec I ^^^^^^ market or barrelling, the mayor and aldermen or selectmen shall

Weighers of beef appoint onc or morc persons, conveniently situated in such city or town and not dealers in cattle, to be weighers of beef, who shall be

sworn.

Ile's^ Fees for weighing cattle shall be paid by the vendor and shall

be twenty cents for each of the first five; fifteen cents for each of

the second five; ten cents each from eleven to twenty, inclusive;

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, unless the vendor requests a division

thereof.

A loaf of bread for sale shall be two potmds in weight. Bread,

Weight of loaves unless composcd in chief part of rye or maize, shall be sold in

whole, half, three-quarter and quarter loaves, but not otherwise.

sec.4,ifam'endedby In cach shop or placc whcrc bread is sold by retail a legibly

^Price us't to'be'posted Pointed pricc Ust of the different kinds and quaUties of loaves sold

there, with the price thereof by the loaf and by the half, three

quarter and quarter loaf, shall be conspicuously placed.

{1800. 1850) Bread, when sold, shall, upon request of the buyer, be weighed

Bread to be weighed, in his presence and, if foimd deficient in weight, additional bread

shall be delivered to make up the legal weight,

slfet'aslmendfdby Whocvcr vlolatcs any provision of the preceding three sections

''^Penauy ' shall be ptmished by a fine of not more than ten dollars for each

Sealers to cause en- offencc. The scalcr of wcights Eud mcasurcs in the respective

forcement .. °.. ^ - Cities and towns, or the commissioner of weights and measures of

the commonwealth, shall cause the provisions of the said three

sections to be enforced.

Sec. 7 '''^^^^ The provisions of the four preceding sections shall not apply to

Rolls and fancy bread j-Qiig qj- fancy bread Weighing less than one-quarter of a pound.

mi'ifgh) Every parcel or lot of commercial fertilizer or fertilizer material

tale of fertilizers re ^^^^^ ^old or offered or cxposcd for salc within this commonuiated wealth shall be accompanied by a plainly printed label containing

the number of net pounds of fertilizer in the package, * * *

(rtfP5-«, ,To^i. ,8s8) fmlts, vegctablcs and nuts, if sold by measure, shall be sold

by^d^' mla'sure

^"'"^ mcasurc, and whoever violates the provisions of this section

shall forfeit not more than ten dollars for each offence.

si?°22,^a°s^'aJSended Baskcts or othcr receptacles holding one quart or less which are

%tskets''for''beMes ^^^^ intended to be used in the sale of strawberries, blackberries,

^'"^

,^ < , ' cherries, currants, blueberries, raspberries or gooseberries shall be

Penalty for violation r r j_ ^ ? ir • , nj- 1 01 the capacity of one quart, one pint or one half pint, Massachusetts standard dry measure. Wlioever 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
Massachusetts 205

fruit in any basket or other receptacle holding one quart or less which does not conform to said standard, shall be punished by a

fine of not less than five or more than ten dollars for each offence.

Said baskets or other receptacles shall not be required to be tested

and sealed as provided by chapter sixty-two, but the sealer or deputy sealer of weights and measures of any city or town or the

deputy sealer of the commonwealth may, 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.

Chestnuts, walnuts, cranberries and all other berries when sold (^^so, iSsi) shall, subject to the provisions of the preceding section, be meas- Nuts!\tc., measured J u j-i- 4- -1 1 1 tJie strike ured by the strike or level measure.

In all contracts for the sale and delivery of wheat, com, rye, oats,

'^""^gl)^^- barley, buckwheat, cracked com, ground com or com meal, ground sec. 25

'

i r-i ,1 1 , , t • 1 Gram and meal, how rye or rye meal, or feed, or any other meal except oatmeal, cider sow ,1 ,1 111 J. -ii-ij^ Sales by bushel or apples, beans or peas, the same shall, except as provided m chapter cental sixty-two, be bargained for and sold either by the bushel or by the

cental.

The mayor and aldermen of cities and selectmen of towns shall ^gf;^'

'^^^^ annually appoint one or more measurers of grain ; and if only one is

^e^ppotated

°* appointed by them, they may authorize him to appoint deputymeasurers. Each of such measurers and deputies shall, upon request of a g^^^^^^^'^' ^'^^-^^ party to a contract for the sale by the bushel of any quantity ex- —duties of ceeding one bushel of either of the articles mentioned in section four

of chapter sixty-two, ascertain the weight thereof and give a certificate of the number of bushels, as ascertained by weight according to the rule prescribed in said section.

Whoever sells or delivers by the bushel any quantity, exceeding

'^f^*"- ^^ss) one bushel, of either of the articles aforesaid, if the same has not ^Penalty for short been weighed by one of the measurers of grain, shall forfeit to the^^'^

purchaser two dollars for every measured bushel so delivered which

does not contain the required number of pounds.

If said articles are sold by the cental, the measurers and their Sec.

{1880) deputies, upon application as before provided, shall give a certifi- ^^certificate of sale by cate of the number of centals of the same; and whoever sells and

delivers a quantity of the same exceeding one cental, if it has not

been weighed by said measurers, shall forfeit to the purchaser ten

dollars for every lot, purporting to be a cental, which contains less than one hundred pounds.

The fees of measurers of grain shall be prescribed by the mayor sec.To^'^' '^"^ and aldermen or by the selectmen of the several places in which ^^^^ °^ measurers they are appointed, and one-half shall be paid by the seller and

one-half by the purchaser.
2o6 Laws Concerning Weights and Measures

Penalty for light ^ mcasurcr or deputy measurer uses, or has in his possession

weights with intent to use for the purposes herein provided, 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 the provisions of this chapter, he may be removed from office by the mayor

and aldermen or selectmen, and shall also on conviction thereof be

punished by a fine of not more than five hundred dollars and by

imprisonment for not more than six months.

(1S23) Gtmpowder manufactured in this commonwealth shall be put

Size o{ casks, etc., tor into strong and tight casks containing twenty-five, fifty or one

gunpowder hundred pounds each, or quantities of not more than five poimds,

into copper, brass or tin canisters and closely covered with copper,

brass or tin covers.

Sec

'^'^^''^ ^^^y council of a city or town accepts the provisions of

Weighers of hay this scctiou or has acccptcd the corresponding provisions of earlier

laws , the mayor and aldermen or selectmen may from time to time

appoint, for a term not exceeding one year, weighers of hay who

shall have the superintendence of the hay scales belonging to such

city or town, and shall weigh hay offered for sale therein and any

other articles offered to be weighed. Such weighers of hay may

be at any time removed by such mayor and aldermen or select- men. Cities and towns may establish ordinances and by-laws for

the regulation of hay scales and of the compensation of weighers

of hay. A person who, not having been so appointed, sets up hay

scales in a city or town for the purpose of weighing hay or other

articles shall forfeit to the use of such city or town twenty dollars a month, so long as such scales are continued.

US35, 1S47, 1S61) The mayor and aldermen of a city or the selectmen of a town in

Inspectors of pressed which pressed or bundled hay or straw is sold may, on the petition

hay and straw ^£ Hiorc votcrs thereof, annually appoint one or more inspectors of pressed or bimdled hay and straw, who shall be sworn. They may remove any inspector so appointed, fill any vacancy

and fix the fees for inspecting, weighing and marking, which shall

be paid by the person employing the inspector.

Sec

'^^'^ Each inspector shall provide himself with proper scales, weights,

—dirties of scals and other suitable instruments and, on request of the owner

or seller, shall inspect and weigh all pressed or bundled hay and

straw within the limits of the city, town or ward for which he may

be appointed.

sec^ss

'^^'^ Bales or bundles of hay or straw so inspected, which are foimd

Pressed hay and to be swcct, of good quality and free from damage or improper

and marked mixturc shall be branded or marked "No. i." Such bales or bimdles of hay or straw of a secondary quality shall be branded or marked "No. 2." Bales or bundles of hay or straw found to be
Massachusetts 207

wet or damaged, or which contain substances not valuable as hay

or straw, as the case may be, shall be branded or marked " Bad."

Each bale or bundle so inspected shall be branded or marked with

the name of the inspector, the city or town for which he is appointed, the month and year when the inspection is made and the

net weight of the bundle.

Whoever, in a citv or towm for which an inspector is appointed, mi. 1002)

11 11 1111 , 1

• 1 39, as amended

sells pressed or bimdled hay or straw which has not been mspected by Acts. 1902, ch. 459 and weighed as before provided, shall forfeit two dollars for each wiafo'S'kispection,''it'c! bale or bundle so sold; but no such inspection and weighing need

be made tmless the vendee at the time of purchase requires it. A dealer in ice who refuses or neglects to provide scales for each '^^90) wagon used by him for the delivery of ice or, on request of the ice dealers to have purchaser of ice, refuses or neglects to weigh the same when deUvered or gives false weight shall for each offense be ptmished by

a fine of not more than fifty dollars. WTioever, having charge of the delivery of ice from a wagon, not |ec^6

being a dealer in ice, refuses on the request of the purchaser of ice faisl weTgh/"^ ^'^^ to weigh the same when it is delivered or gives false weight, shall

be punished by a fine of not more than ten dollars. No stone hme manufactured within this commonwealth shall be U785, 1793. 1794. 1796. sold or exposed to sale, or shipped on board a vessel in casks, s^dtp^'

imless it is well btunt and ptire, in good and sufficient new casks, ca^"^"^

°' containing either fifty or one hundred gallons each, made of wellseasoned heads and staves, with ten good and sufficient hoops on

each cask, well driven and sufficiently secured with nails or pins.

WHioever sells, exposes for sale, ships or receives on board a usog) vessel in casks, any Ume manufactured in this commonwealth, le^ii^'ty other than such as is contained in casks made according to the

provisions of the preceding section and having the aforesaid marks

or brands respectively, shall forfeit one dollar and fifty cents for

each cask sold, exposed for sale, shipped or received on board a

vessel; but the provisions of this chapter shall not restrain any

person from retailing lime by the bushel or other quantities, when

not in casks.

The mayor and aldermen of a city or selectmen of a town may d^jj, 1S62) estabHsh regulations, with suitable penalties, relative to the ap- lurVly of marble, etc. pointment of a svirveyor and the surv^ey and meastuement of

marble, soapstone and freestone of every description, foreign or American, imported or brought into such place for sale. Every cask of wrought, cut or wire nails or brads shall h& (.1799. 1802^^1^826, 1837, marked or branded on the head by the manufacturer, in plain, sec. 56 legible letters, with his name and the net weight of the contents ' °^ *

of the cask.
208 Laws Concerning Weights and Measures

^^^'7, rfj") order to ascertain the mean or true weight of potatoes,

' ns^'lnd'sait^'"^^' ^nions or Salt, the vendor shall weigh ten measures at least in

every hundred bushels, five measures at least in every fifty bushels

and two measures at least in every less quantity than fifty bushels

sold, imless the vendor and vendee appoint a third person to measure or ascertain the weight or quantity of the same or vmless

they agree on such weight or quantity, or imless the amount sold

does not exceed ten bushels and the vendee does not require the

same to be weighed. Whoever sells potatoes, onions or salt, without so ascertaining the weight, shall forfeit two dollars for every

bushel sold and in like proportion for a greater or less quantity, to

the use of the person who first prosecutes therefor.

us6g^ 1S7S, 1S80) Every manufacturer of cotton, linen or silk sewing-thread, and

Sewing thread to be cvcry pcrsou 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, afiix to or impress upon each

spool of such thread, and upon each package of such thread not

Spools or packages of ^ , , 1 u 1 ^ A • u-- £

thread wouud ou spools, a label or stamp designatmg the quantity oi

thread which each spool or package contains, either by giving the

length in yards or by giving the weight.

seJe!^^'

'^^^^ such person who neglects to affix such label to or to impress

loaffix^ label "^^'^"^""^^^^^ Stamp upou cach spool and package of thread, or 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 of thread by five per cent

than such spool or package contains, shall forfeit five dollars for

each spool or package so without a label or stamp or falsely labelled or stamped, which is sold or delivered to any person to be sold,

one-half of which shall be to the use of the commonwealth and onehalf to the use of the person who sues therefor.

sec% ^ merchant, jobber or trader who sells or offers for sale cotton,

thfeaTfaisei"

^^"""^ Hneu or silk sewing thread, put up either on spools, or in packages

^ ^ ^ of the weight of four oimces or less not wound on spools, which is not labelled or stamped, or which is falsely labelled or stamped as regards 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, e/'*^^^ Ready wound bobbins of thread adapted for use in sewing

«r^p^ted'° machine shuttles shall be exempt from the provisions of the three

preceding sections.

^^^"ir/Mo^x/g//^^^" '^^^ ci^y council of a city and a town shall annually choose one

" , ^ oi" more measurers of wood and bark, who shall hold office during Measurers of wood , , -11 1 1 i-r- 1 ^ • 1 and bark the year and until others are chosen and quahfied m their stead.
Massachusetts

aad who shall be sworn. Towns may, by vote fixing the number

to be chosen, delegate the appointment of such measurers to the

selectmen.

Such measurers may, in the manner prescribed for surveyors of (.1S94) lumber in section seven of chapter sixty, be licensed to act m a Measurers may act town adjoining that for which they are elected or appointed.

'° Cord wood exposed for sale shall be either four, three or two (.1705-6. 1758-0. 1772-3, feet long, including half the kerf; and the cord of wood, being well stc'^f'

'^""^^ and closely laid together, shall measure a quantity equal to a cord sion's"^ or*""^' of eight feet in length, four in width and four in height.

If firewood or bark which is exposed for sale in a market or upon '^^^ss-g. 177^3. 177^^0. a cart or other vehicle is offered for sale before it has been I^J^^^',^ j^^. ^^^^^ measured by a public measurer of wood and ^ark and before a wood, etc., not meas- ticket thereof signed by him has been delivered to the driver,

""^

certifying the quantity which the load contains, the name of the

driver and the place in which he resides, the driver and owner

shall for each load thereof severally forfeit five dollars.

Measurers of wood and bark in any city or town shall be entitled

^'^°/yl%^^/°f^sJ^f^'^^ to such fees for their services as the mayor and aldermen or

fg^s'^j j^jg^^^, selectmen shall establish; and the fees shall in each case be paid

to the measurer by the driver and shall be repaid by the ptuchaser.

Cord wood brought by water into a city or town for sale, and (^^pp, 1830) landed, shall be measured by a public measurer; and for that m e a s u r e ment of W3.tcr~Dorii6 wood purpose the wood shall be corded and piled by itself in ranges,

making up in height what shall be wanting in length, and, being so measured, a ticket shall be given to the purchaser, who shall pay

the stated fees for such service. Cities and towns may establish

ordinances and by-laws, with suitable penalties, for the inspection,

survey, meastuement and sale of wood, coal and bark for fuel

brought into such places for sale, and may also provide for the

appointment of inspectors, surveyors and other officers and

establish their fees. Each wharfinger, carter or driver who conveys firewood or bark

'-'^^^'fy'/Zf/^-Jf^^^"' from a wharf or landing place shall be furnished by the owner or gee. si seller with a ticket certifying the quantity which the load contains quantity in load and the name of the driver; and if firewood or bark is thus con- veyed without such ticket accompanying the same, or if a driver

refuses to produce and show such ticket on demand to any sworn

measurer, 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 the measurer after measuring the

same, the driver and owner shall for each load thereof forfeit

five dollars. The provisions of this chapter shall not extend to a

person who transports, carts or causes to be transported or carted

8578°—12 14
2IO Laws Concerning Weights and Measures

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.

Rev. Laws, 1902, ch. ^.11 apparatus for linear meastuements used by a land stuveyor

' ^ \1871) shall be annually tested and proved by the sealer of weights and

Annual test of sur- measurcs in the city or town in which such surveyor resides or has

veyors' apparatus officc, and all chaius, tapcs or other apparatus used for linear

measurements which cannot be made to conform to the standard

shall be marked " condemned," or " CD.," by the sealer of weights

and measures, and shall not thereafter be used by any surveyor

for measuring land, under a penalty of twenty dollars for each

offence.

5'"' \ The mayor and aldermen of a city or the selectmen of a town Appointment of per- J .,1 11 1 sons to test may appomt a suitable person, other than the sealer of weights

and measures, to test and prove such measuring apparatus.

Teste to be based Standards used for such tests shall be based upon and shall

upon state standards corrcspond to the Standards furnished by the commonwealth to

sealers of weights and measures.

Fees* 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.

Rev. Laws, 1902. vol. The dircctors of each bank, once in five years, shall have the

^'"^ ' "1803,' i"2°8] weights used in it compared, proved and sealed by the treasurer

Weights of banks to and receiver general,^ which shall supersede so far as respects such

be^^proved every five ^^^^j^ ^j^g Sealing of its wcights by the city or town sealer.

No''' tender of gold No tender by a bank of gold, weighed with weights other than

valid, unless, etc. thosc Compared, proved and sealed as required in the preceding

section, shall be legal; and the payer or receiver may also require

that the gold shall be weighed in each scale, and the mean weight

resulting therefrom shall be considered the true weight.

di^^i96^p ^ie^r' miller occupying and using a grist mill who neglects to provide

I'lroo-io^r^s-Q. 1762-3. himself with scales and weights or a vibrating steelyard to weigh

Sec.

63^'''"'^ com, grain and meal to and from the mill, when required, or who

scMes,"c.

'° ''^^ refuses so to weigh corn, grain or meal when required, shall for

each offence forfeit to any person who sues therefor not more than

five dollars.

se'^c^i 'a's°Zm'Si"ded by Whocvcr, himself or by his servant or agent or as the servant or

acts, 1911, ch. 163 . . agent of another person, gives or attempts to give false or insuffifalse weight or measure cient weight or measure shall for a first offence be punished by a

fine of not more than fifty dollars, for a 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

thirty nor more than ninety days.

iBy an act of 1907, ch. 534, acts 1907, all duties pertaining to the care, custody, and furnishing of standard weights and measures, etc., devolving upon the treasurer and receiver general and upon the deputy state sealer, are transferred to the commissioner of weights and measures.
Massachusetts 211

The civil service commissioners may prepare rules, which shall Arts.^igog, ch. 382 take effect when approved by the governor and council in the ^^^^^1^^°'^ J'^^i^^ manner provided by law, for including within the classified civil fied civu service ser\-ice all principal or assistant sealers of weights and measures

holding office by appointment under any city or any town of over

ten thousand inhabitants, whether such officers are heads of

principal departments or not, and also for including within the

said service the inspectors of weights and measures of the commonwealth.

MICHIGAN

The weights and measures, together with the scales and beams, Muier-s comp. Laws, and those made in conformity therewith, which are now, or may '^sec%882"''

^' '"^ hereafter be deposited in the treasury of this state, shall be preserved by the treasurer, and be the public standards.

The treasurer of the state shall be the state sealer of weights sec.4883 and measures, and he shall have and keep a seal, which shall be Butfef^^' so formed as to impress the letter "M" upon the weights and

measures, and 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, and scales and

beams to be provided by the several counties, when examined by

said treasurer, and found to be in conformity with the standard

weights and measures, and scales and beams aforesaid.

The board of supervisors of each county for which the same fupe^i^-^ors to pro- have not already been obtained, shall procure, for the use and s-t g^'^^^'^^

the expense of their county, a complete set of weights and meas-

^

ures, and scales and beams, in exact conformity with those

remaining in the state treasury; except that the same may be

made of such suitable materials as the supervisors may direct,

which shall be tried and proved by the said treasurer, and be by

him sealed and certified. When so sealed and certified, such weights and measures, scales ^S^- , ^ ^ .

1 ° 11 1 \ 11 1 County standards to and beams, shall be deposited with the county clerk, who shall be i>e deposited with cierk the sealer of weights and measures for the county, and the same His duties shall be kept by him as the standard of weights and measures for

the county; and the said clerk shall also provide and keep a seal

similar to the seal required to be kept by the state treasurer, with

which he shall seal the weights and measures, and scales and

beams, to be provided by the several townships.

Once in every five years from the first day of January, eighteen lounty^^standards to hundred and forty-five, each county clerk for the time being shall tried once in five cause the said standards in his keeping to be tried, proved and sealed

by the state standards, under the direction of the state treasurer.

If the board of supervisors of any county which has not hereto- sec. 4887 fore provided such standards, shall neglect for six months to pro- ards to be procured by vide the same, and cause them to be tried and proved, and sealed

213
214 Laws Concerning Weights and Measures

as aforesaid, and delivered to the clerk of the comity, it shall be

the duty of the clerk to notify the county treasurer of such neglect,

and such coimty treasurer shall immediately provide such standards, and cause the same to be tried, proved, sealed, and deposited

as aforesaid, at the expense of his county.

iSid^a for each '^^^ township board of each township shall procme to be made

township, how procured and provided, wheu it shaU not heretofore have been done, for

the use, and at the expense of the township, a complete set of

weights and measmes, and scales and beams, in conformity

with the standards kept by the clerk of the county, which shall be

tried, proved, and sealed, and certified by the county clerk, by

the standards remaining in his oflfice, and such weights and

measures, scales and beams, so tried, sealed and certified, shall be

deHvered to, and kept by the clerk of the township, as standards

for the township; such township standards to be made of such

suitable materials as the township board shall direct; and the

said board shall also provide a seal similar to the state seal, to be

kept by the township clerk.

Sec. 4889 The township clerk of each township shall be the sealer of

duty ' weights and measures therein, and shall have the care and custody

of the standard weights and measmes of his township, and shall

seal weights and measures, scales and beams, used within his

township, after having tried and proved them by the township

standards.

, , The clerk of each township shall, once in each year, some time Notice of annual seal- . ica-i • ing m the month of April, put up a written notice m three of the most

pubHc places in the township, stating therein the time and place

when and where he will attend such of the inhabitants as Uve

within the Hmits described in the several notices aforesaid, and

seal all such of their great and small scales, beams, weights and

measures, as are found co be accurate, and as they shall bring for

that purpose.

^om%'nsa ion of '^^^ towuship clcrk shall bc entitled to demand and receive

townshi? clerk from the pcrson for whom the service is rendered, for trying, proving, and sealing as aforesaid, three cents for each scale, beam,

weight or measure foimd not to be conformable thereto, and two

cents for each scale, beam, weight or measure fotmd to be con- formable thereto.

Sec. 4892 The township clerk shall go, once in every year, to the houses,

Annual visit to stores, ^--^ - , ° ^ ,

. , , •, r

etc., to try weights and storcs and shops of such merchants, traders, retailers or spirituous

measures Hquors, and of such other of the inhabitants of the township, using

scales, beams, weights and measures, for the purpose of buying

and selling, as shall neglect to bring or send in their scales, beams,

weights and measures, and he shall there try, prove, and seal the same.
Michigan 215

For the services reqmred in the last preceding section, the town- ''^'^ ship clerk shall be entitled to demand and receive of such merchants, or other persons, double the fees hereinbefore provided double leei for the Hke services, together with four cents for every mile he

shall necessarily travel for that purpose, going out and returning

home.

The county clerk shall be entitled to receive from each township sec. 4894 clerk a fee of three cents, for the first seaUng of every weight, fofseaitog?e't°'^

'^'^''^^ measure, scale, or beam, and two cents for every subsequent seal- ing of the same.

If the township board of any township, after notice to them that sec. 4895

vViicii townsliio clerk the standard of weights and measures for the county have been to procure standard deposited with the county clerk, shall neglect, for the space of six

months, to provide standard weights and measures for their township, as above directed, it shall be the duty of the township clerk

forthwith thereafter to procure the same at the expense of the

township.

If any sealer of weights and meastues shall neglect to perform sec.4896 his duty, as prescribed in this chapter, he shall forfeit, for each neglect' etc."

^^^'^'^

neglect, the sum of five dollars. The vibrating steelyards, which have heretofore been allowed

vibrathig steelyards and used in this state , may continue to be used ; but each beam, and

the poises thereof, shall be annually tried, proved, and sealed, by a

sealer of weights and measures, like other beams and weights.

When any commodity shall be sold by the hundred weight, it

lons'tmction of cer- shall be understood to mean the net weight of one hundred pounds tain contracts 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.

The half bushel and the parts thereof shall be the standard itaidald measure oi measure for fruits and other commodities customarily sold by'TM''^'®"^-

heaped measiire; 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 Bushel of charcoal inches for each and every bushel thereof.

That whenever wheat, rye, shelled com, com on the cob, corn 560.49^*''^^ meal, oats, buckwheat, beans, clover seed, timothy seed, flax . Pfp'J"':^ sold by

' ' .11 1 , I 11 111 bushel ascertained by

seed, hemp seed, millet seed, blue grass seed, red top seed, barley, weight dried apples, dried peaches, potatoes, potatoes (sweet), onions,

turnips, peas, cranberries, dried plums, castor beans, salt, mineral coal, Hungarian grass seed, orchard grass seed, osage orange

seed, shall be sold by the bushel and no special agreement as to the
2l6 Laws Concerning Weights and Measures 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 : ^ Weight per bushel of Lbs. per bush, ^^iu and other prod- ^^^^^ Rye S6 Com, shelled 56 Com on the cob 70 Com meal 50 Oats 32 Buckwheat 48 Red top seed 14 Barley 48 Dried apples 22 Dried peaches 28 Potatoes 60 Sweet potatoes 56

I,bs. per bush. Beans 60 Clover seed 60 Timothy seed 45 Flaxseed 56 Hemp seed 44

Millet or Hungarian grass seed 50 Blue-grass seed 14 Peas 60

Cranberries 40 Dried plums 28

Castor beans 46 Michigan salt 56 Mineral coal 80 Onions 54 Orchard grass seed 14 Turnips 58 | Osage orange seed 33

Sec. 49!?^^^ That Avhenever stone-lime is sold, and no special agreement is

sto^e^itoe°' ''"^^^'made by the parties, the bushel shall consist of seventy pounds.

US77) That whenever apples are bought or sold by weight forty-eight

Apples° pounds shall constitute a bushel.

sec.49lf'^^^ That every person who shall weigh for any person purchasing,

weightag?itt'ie^ etc'"^^-'^ 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 prodcorrect weights to be uce, shall make a true and correct weight or weights thereof, and given , o o 7 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.

Pe^n^ty^for violation Bvcry pcrsou who shaU willftdly violate any of the provisions

oJact 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 coimty jail not exceeding three

months, or by both such fine and imprisonment, in the discretion

of the court.

Sec JoT^'^ That the quantity known as a box or basket of peaches shall

Size oj peach baskets contain scveu hundred and sixteen and four-fifths cubic inches, or one-third of a bushel strict measure.

Sec 49^6'^'^*^ That the quantity known as a barrel of fruit, roots, or vegeBariete tablcs shall bc that quantity contained in a barrel made from

staves twenty-seven inches in length, and each head sixteen and

one-half inches in diameter, or ordinary flour-barrel size.

(^'^77) That when any person or persons, party or parties, shall offer

Fruitfetc, not to be for Sale or Sell in any township, village, or city, within this state,

sold in less quantities j- j_ ^ ^ j_ • j • j -l than represented any frmts or vegetables contamed m drawers or cases, boxes or

'For convenience in printing a slight change has been made in arrangement of these articles.
Michigan 217

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.

Any person or persons violating the provisions of the foregoing l^^iialt^* 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. That all manufacturers of peach baskets and other fruit pack- g^,^ 4909'^"^^ ages designed for the shipment of peaches, grapes and plums, and gaskets jo^^be all shippers and dealers in the same, shall mark or cause to be of pounds

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 eight-thousandths cubic inches of space contained in such

basket or package.

Any manufacturer of or dealer in peach baskets, or other fruit vSec.4910 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 twenty-five

dollars nor more than one hundred dollars, and stand committed

to the county jail until such fine and costs are paid.

Every village subject to the provisions of this act, shall, in addi- ^ comp. ^ Laws, 1897, tion to such other powers as are [conferred] confirmed, have the see. 2769' general power and authority granted in this chapter, and the councils—villages 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 [vendors].

Every city incorporated under the provisions of this act, shall, sec.3107

. , 11 , General powers of m addition to such other powers as are herein conferred, have the city corporations general powers and authority in this chapter mentioned; and the

council may pass such ordinances in relation thereto, and for the

exercise of the same, as they may deem proper, namely:

Eighteenth. To regulate the inspection, weighing, and measur- ^j^^pM^ion^d mus- ing of brick, lumber, firewood, coal, hay, and any article of mer- dise chandise

;

Nineteenth. To provide for the inspection and sealing of weights ^^^0^'weights ^and and measures and to enforce the keeping and use of proper weights measures and measures by venders [vendors].
2l8 Laws Concerning Weights and Measures

vo"r.Tp.' 1596^^' Every miller occupying and using a grist mill, shall be provided

Miiiifto keep scales ^^^^ scalcs and Weights, or a vibrating steelyard, to weigh com, grain,

and weigh grain, flour, flour and mcal, 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 com, grain, flour or meal, when required by any person

reS"^ '""^ delivering or taking away the same, he shall forfeit, for each neglect

or refusal, not less than one dollar, nor more than five dollars.

ser?is^5^"^' Every person who, with intent to defraud or cheat another,

Obtaining property by shall * * * or by mcaus of any false weights or measures,

I£lIS6 Dr6t6QS6S -* <j ' obtain a larger amount or quantity of 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 was bargained for, if such land or interest in land, money, personal property, valuable thing, larger amount obtained or less amount disposed, 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, or interest in land, money, personal property, valuable

thing, larger amount obtained, or less amount disposed of, shall

be of the value of more than twenty five dollars, such person shall

be punished by imprisonment in the said prison not more than

ten years or by fine not exceeding five hundred dollars and imprisonment in the county jail not more than one year.

Pub. Act 208, 1909, p. When mill products of wheat, corn, rye or buckwheat, known

^^sec. I as flour, grits, meal or compoimds of the same, are placed or

Certain mill products p^^j^g^ 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:

i^ref

''^'^ hundred and ninety-six pounds for a barrel;

Ninety-eight pounds for one-half barrel;

Forty-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.

Weights to be placed The full and corrcct weight as herein estabHshed shall be placed

in arre,ec. ^^.^ barrel or fractional part thereof by the manufacttirer,

company, dealer, person or persons fiUing 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.

Ihort weights pcrson 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

estabUshed, any of the mill products specified in section one hereof.
Michigan 219

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.

Before any package containing the mill products or compounds weiiw to be marked of such mill products specified in section one of this act shall he°°^vacka&e 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 letters 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.

No manufacturer, company, dealer or person shall abstract any Ib^Jacaon of con- part of the mill products from the standard packages or fractional ents unuwtui parts named in section one, and sell such package as a barrel or

fractional part of a barrel as defined in section one. 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 which are stamped or labeled with a

greater nrnnber 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 himdred 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 imprisonment

in the discretion of the comt for each and every offense: Provided,

however, That nothing in this act shall be construed 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.

It shall be the duty of the Dairy and Food Commissioner to sec, 6 investigate all complaints of violations of this act, and to take all missioner 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.

That any person or persons who shall sell or offer for sale in comp. Laws, 1897, p. this state any commercial fertilizer, the retail price of which '^stc. 4965 exceeds ten dollars per ton, shall affix on the outside of every uze?;'^? weight tV be package containing such fertilizer a plainly printed certificate,^''"^

stating the number of net pormds therein ; * * * ^
220 Laws Concerning Weights and Measures

p.^o'''

^""^ manufacturer, company, person or persons who shall sell,

Weight to be marked '^^ cxpose for salc or for distribution, in this state, any conojj^packages of feeding centratcd Commercial feeding stuff used for feeding live stock,

shall furnish with each car, or other amounts 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 car or package

sold or offered for sale, * * * . (f) Any manufacturer, importer, company, agent, person or

persons, who shall sell, offer or expose for sale, without first complying with the provisions of this act, any commercial feeding

Penalty stuff, * * * shall, upou couvictiou thereof, be fined not less than one hundred dollars for the first offense, and not less than

three himdred dollars for every subsequent offense, and the

offender shall also be liable for damages sustained by the purchaser of such feeding stuff on account of such misrepresentation.

pP^b. Act loo, 190S. The State Inspector of Mines is hereby empowered to test all

Sec. 26 scales used in connection with the weighing of coal in or about

mine'scSir'^'"'^ the coal mincs. He shall have full access to everything used in

the weighing of coal.
MINNESOTA

There is hereby created a department to be known as the department of "Weights and Measures, " hereafter referred to as the Department created Department, and it shall be imder the jurisdiction of the Railroad ^^der ju^risdiction and Warehouse Commission, hereafter referred to as the Commis- house commission sion, which shall have supervision and control over all weights,

weighing devices and measures in the state. The Commission shall appoint a commissioner of weights and co^ission to ap- measures and such deputies and other employees as may be nec-P°^^=°^'^s'°°"and

essary 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 the sum to be fixed and approved Bond by the Commission, The Commission shall provide for such

examinations as it may deem necessary to determine the quaUfications and fitness of appointees.

The Commission shall prescribe and adopt such rules and regu- sec. 3 lations as it may deem necessary to carry out the provisions of this commission to adopt 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. —force of The Department shall take charge of, keep and maintain in ^

good order the standard of weights and measures of the state and men" submit them to the Bureau of Standards of Washington, D. C, for ari?"^

^'^'^

certification when it is deemed necessary ; and shall keep a seal so formed as to impress the letters " MINN " and the date of seaUng

upon the weights and measures that are sealed; it shall test, cor- —test other standards rect 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, —to have general su- measures, and weighing or measuring devices offered for sale, sold^^SlJesfeTc?^'^^^ or in use in the state ; and shall, upon the written request of any

person, test or caUbrate 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 —to keep record and all testing and seaUng apparatus owned by the state, and shall

annually during the first fifteen (15) days of January, make a Annual report report of its actions to the Governor of the state.

221
222 Laws Concerning Weights and Measures

.Sec. 5 The Department or any of its employees shall have power to

^Authonty of "^^p^" jjigp^^t and test all weights, scales, beams and measures of every

kind, instruments and mechanical devices for measurement, and

tools, appUances or accessories connected with any or all such

instruments for measurement that are kept, offered or employed

within this state by any person in determining the size, quantity,

extent, area or measiurement of quantities, things, produce, articles for distribution 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, deUvery 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 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 emweights, measures, ployee shall coudemn, seize and may destroy incorrect weights,

6tc.f may be con- .

> demned, seized, or de- mcasurcs or Weighing or mcasurmg devices which, m the judgment

stroyed,when Department cannot 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. 6 Any person who shall offer or expose for sale, sell or use, or have

False scale, weight, . . . . , -i., • i

• measures, etc., sale or m his posscssiou a falsc scalc. Weight or measuTC, 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 selUng 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 any authorized employe 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,

or shall refuse to pay any fee charged for testing or sealing or
Minnesota 223

condemning any scale, weight or measure, or weighing or measuring device, shall be gviilty of a misdemeanor and shall upon con- Misdemeanor viction be fined a sum not les than twenty dollars ($20) nor more Penalty than one hundred 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 by the Department shall be

used, sold or exposed for sale until the fee charged for the service

has been paid.

Any person hindering, impeding or restricting in any way any Htadering or restrict employee of the Department while in the performance of his official ing any employee duty shall be guilty of a misdemeanor and upon conviction be Misdemeanor punished by a fine of not less than twenty dollars ($20) nor more Penalty than one hundred dollars ($100) or by imprisonment for not less than ten (10) days nor more than ninety (90) days for each offense.

The said Department and all authorized employees imder the

Ig^i/gj^^e^

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 and 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 the law.

There is hereby appropriated from any monies in the state sec. 9 J r-f f . 1 1 Appropriation treasury, not otherwise appropriated, the sum of ten thousand

dollars ($10,000) to carry out the provisions of this act. The State Treasurer and the county treasurer of the various

^^^j^jy counties shall deliver to the Department all standards of weights treasurers to deliver J 1 1 J. J.' J. ji- • i standards to the de- and measures, balances, testing apparatus and sealing equipment partment now in their possession within ninety (90) days after the passage

of this act. The Commission shall fix the fees for inspecting, testing, sealing fles^commission to or condemning any scales, weights, measures, and weighing or^^

measuring devices. All money appropriated or so collected, and

all fines and penalties for violating any provisions of this law, shall pofmono?^

be paid into the State Treasury and known as the "Weight and

Measure Fund" and paid out only on the order of the Commission

and Auditor's warrant. The money in said fund, or so much

thereof as may be necessary, are hereby annually appropriated to

the payment of salaries, fees and expenses of officers and employees

of said Department.

The word "person" shall be construed to mean person or per- Detoition sons, corporation, partnership, stock company, or the agent or employee thereof.

This act shall not apply to nor repeal Section 2059 of the Revised ^^^^^ j^^j, ^^^^^ Statutes of 1905, Chapter 357 of the Laws of 1907, or Chapter 319 certain acts of the Laws of 1 909.
224 Laws Concerning Weights and Measures

Sec. 14 Repeal

Rev. Laws, 1905, ch. o

Sec. 2724 Dry measuie

Sec. 2725 Liquid measure Wine gallon

Milk and beer measure

Sec. 2726 Lineal measure, etc.

Sec. 2727 Hundredweight

{i8q5. i89T) Sec. 2728 Standard weight of a

bushel, etc.

Rev. Laws, 1905 Sec. 727 Powers of council

Markets

Public scales

Rev. Laws, Supp.

1909, ch. 9, p. 172

Sec. 775—17 Inspectors of meters

All acts or parts of acts conflicting with the provisions of this

law are hereby repealed, and this act shall take effect and be in

force from and after the first day of July, 191 1. The standard measure of capacity for commodities sold by dry

measm^e shall be the bushel containing 2150.4 cubic inches. The

half bushel, peck, half peck, quarter peck, quart, and pint shall be

derived by successively dividing that measure by two.

The standard meastire of capacity for liquids, except beer and

milk, shall be the wine gallon, containing 231 cubic inches; and

31.50 gallons shall constitute a barrel, and 63 gallons a hogshead.

The standard meastue of capacity for beer and milk shall be the

gallon containing 282 cubic inches.

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.

In contracts for the sale of goods or commodities, tmless a contrary intention appears, the term "hundredweight" shaU mean

100 pounds avoirdupois.

In contracts for the sale of any of the following articles, imless a

contrary intention appears, the term "bushel" shall mean the

number of pounds avoirdupois herein stated:

Corn in ear, 70; beans, peas, wheat, clover seed, and Irish potatoes, 60; broomcom seed and sorghum seed, 57; shelled com and

rye, 56; sweet potatoes, 55; onions and rutabagas, 52; buckwheat,

hemp seed, rape seed, beets and green apples, 50; barley, millet

and Hungarian grass seed, 48 ; carrots and timothy seed, 45 ; blueberries and parsnips, 42; currants and gooseberries, 40; cranberries, 36; oats, 32; dried apples and dried peaches, 28; charcoal, 20;

bluegrass, orchard grass and red-top seed, 14; plastering hair,

imwashed, 8; plastering hair, washed, 4; coal, 80; but if sold by the

ton the weight shall be 2,000 pounds; lime, 80; but if sold by the

barrel the weight shall be 200 pounds, and a cord of wood shall

mean 128 cubic feet. Whoever, in buying, shall take any greater number of pounds

or cubic feet to the bushel, ton, or cord, as the case may be, than is herein allowed, or in selHng shall give any less number, shall be

guilty of a misdemeanor.

The village cotmcil * * * shall have power to adopt, amend

or repeal all such ordinances, rules and bylaws 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. That in addition to the powers heretofore granted by law to the

cities and villages in this state, which power shall not be hmited or abridged by the provisions of this act, there is hereby granted to the
Minnesota 225

Sec. 775—18

Duties, etc.

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.

Such inspector shall have power and authority to, at all reason- able hours, inspect and read any gas, electric light, heat or water

meters, whether the same be connected with a plant owned by such

municipality, 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 inspec- tor—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 required of such inspector, that the

term of office of such inspector shall not be for a longer period than

two years and that the said inspector's salary shall not exceed fifteen

hundred dollars annually.

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. 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.

The common council of any such municipality is hereby author

ized 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.

The common council of such municipality wherein such public lufe^^'^J reguia 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

articles or commodities, and the common council shall fix the compensation of said weighmaster, which compensation shall be paid

out of the treasury of such mtmicipality, and shall, from time to

8578°—12 IS

Sec. 775- Salary

Sec. 775—35

Public wagon scales

Sec. 775—36 Acquisition

maintenance and

Duty of weighmastet

Compensation
226 Laws Concerning Weights and Measures

time, fix the price to be charged for weighing any article or commodity 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. 775—38 Such scales shall be tested, stamped and sealed by the sealer of

Scfllcs to be tsstcd • weights and measures, before being used, and as often thereafter as

Who may use 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.

&c. 775—39 Provided that this act shall not apply to any city having a

here not to Apply - * ^ r '

i ' i i charter which provides for a city weighmaster.

Rev. Laws. 1905. ch. Hvcry pcrsou who shall injure or defraud another by using, with

'°se?. s°" . knowledge that the same is false, a false weight, measure, or other

a misdemeanoi "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.

Rev. Laws, Supp. Evcry manufacturer, individual, association, co-partnership,

1909, c •^^^'^Pj478 corporation, agent or employee (all hereinafter included in the

Weight tobe marked term " pcrsou ") , who shall scll, offcr or expose for sale or distribuon package ^^^^ ^.j^-g g^g^^g g^j^y concentrated commercial feeding stuff, used

for feeding live stock, shall furnish with each car or other amount

shipped in bulk, and shall affix to every package or receptacle containing such feeding stuff, in a conspicuous place on the outside

thereof, a distinct and plainly printed label clearly and truly cer- tifying the net weight in pounds of feeding stuff in such car or

receptacle, * * * and whenever any feeding stuff is sold at

retail in bulk or in packages belonging to the purchaser, the agent

or dealer, upon request of the purchaser, shall furnish to the purchaser a certified copy of the statement contained upon the label

aforesaid.

Peni^'"^ Person who shall sell, offer or expose for sale or distribution in this state any concentrated feeding stuffs without comply-
Minnesota 227

ing with the reqiiirements of this act, * * * shall be guilty of a misdemeanor, and shall, upon conviction thereof, be punished

by a fine of not less than ten dollars nor more than one himdred

dollars, or imprisonment not less than ten days nor more than

ninety days. _ ^^^^ ^ ^ No person shall sell any spice or condiment which is adulterated 21, p.'^sjj

'

as hereinbefore defined, unless each receptacle or package in which sec. nif^'' the same is kept for sale or sold, shall have secmely affixed in a n,frkedra' packages m

conspicuous place upon the side thereof, and plainly separated from ^p''^^' other reading matter, a separate and distinct white label, upon

the outside face of which label shall be printed in the English

language in black ink, in type not smaller than double pica, the

words "mixed and adulterated", and immediately following upon

the same label, in color, style and manner aforesaid, there shall

appear the common EngUsh name of the spice or condiment which

such receptacle or package contains, together with the net weight

of such contents; and such label shall also contain the name and

address of the manufacturer or packer of such spice or condiment.

No person shall sell any unadulterated spice or condiment, unless

the net weight of the contents of the receptacle or package shall

plainly appear in a conspicuous place thereon.

^^^^^^ The railroad and warehouse commission, hereafter called the

^ R^v^ Laws, supp. commission, is hereby authorized and directed to inspect all seal- se'c. 2io<Ai'

1 • J r J.-L. r 1- 11 J. 1- Sealing device for mg devices made for the purpose of sealmg scales known to be on scales 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. When directed to do so by the commission, any person or com- leaun^vice when pany owning and operating a scale under the jurisdiction of the required commission is hereby required to install such scale with some

sealing device which has the official approval of the commission.

Any person or company failing within thirty days after notice |enaity°for failing to to install such sealing device when directed to do so by the com- '^^staii mission, shall be subject to a penalty in the sum of one hundred

dollars. It shall be a felony for any person to change, break or For tampering with tamper with, or cause to be changed, broken or tampered with,

the sealing device or seaUng thereof after the same has been properly installed and inspected by some authorized agent of the

commission.

The railroad and warehouse commission shall have power to^^^^^ ^g^p^'^^^^^pp- enforce reasonable regulations for the weighing of cars and of gj^ ,g^^

freight offered for shipment in carload lots. All track scales sj^g^P^*^"""

'"'^'^ 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
228 Laws Concerning Weights and Measures

Rev. Laws, 1903, ch.

28, p. 406 US95)

Sec. 2059 Inspection of scales

Sec. 2072 Weighmasters

weighers and

Sec. 2073 Weighmaster's rec- ords and certificates

Sec. 2074 Fees

Rev. Laws, Supp.

Z9C9. ch. 28, p. 566 UQ07)

Sec. 2090—

I

Grain—standard

bushel

Rev. Laws, Supp.

1909, ch. 28

Sec. 2105—

I

Inspection and weighmaster's certificates

of sealers of weights and measures. The entire cost of such

supervision and inspection shall be a proper charge against the

common carriers interested in or owning the several scales, the same to be paid upon the statement rendered by the commission.

All moneys collected shall be credited to the grain inspection fund.

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 foimd incorrect shall be used imtil re-examined and foimd

correct. 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.

All weighmasters and weighers shall keep such records as may

be prescribed by the commission, and shall fiumish to any person

for whom weighing is done a certificate under his hand, showing

the amoimt 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.

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 warehouse

man, and added to the storage charges. * * * No person purchasing, selling or storing grain in any public

local 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 povinds 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.

Every elevator company, corporation, copartnership, association or individual, operating any elevator, building or place in

this state for the purchase, storage or deposit of any grain or other farm commodity, shall be entitled to receive from, and shall

demand of, the ofl&cer whose duty it is to issue the same, the official
Minnesota 229

certificate of inspection 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. All milk or cream received or purchased for the purpose of

manufacturing the same into butter or cheese 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 of seventeen and

six tenths cubic centimeters, and the standard pipette for the

measurement of cream shall have a capacity of eighteen grams by

weight. The standard test tube or bottle for milk shall have a

capacity between zero and ten on the graduated scale, marked on

the neck thereof, of two cubic centimeters of mercury, at a temperature of sixty degrees Fahrenheit, and for cream 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 measure or test for milk or cream sold or purchased at prices determined by the proportion of butter fat contained therein; any per- son who shall manufacture or sell a cream or milk pipette or measure 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 butter fat content of milk or cream; any person who shall under-read, 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.

Terminal points as designated by this act shall mean the cities of St. Paul, Minneapolis, Duluth and South St. Paul.

The railroad and warehouse commission, hereinafter designated

"the commission," shall designate at convenient 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.

All hay and straw shipped to terminal 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 ptirpose of being weighed and inspected

as hereinafter provided.

Rev. Laws Supp.

1909, ch. 21. p. 471, (igog) Sec. 1743 Milk to be gold by

weight

Babcock test to be

used

Penalty

Laws, 1905, ch. 196 Sec. I Xeiminal points Weighing and in- spection oi hay, etc.

Sec. 2

Public hay tracks

Sec. 3 Delivery at tracks
230 Laws Concerning Weights and Measures

Sec. 5 Track scales

Control ol weighmasters

Weighing 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.

bspLawt Tit'^h^^^ -^11 l^ay and straw so received shall be weighed and inspected

^ weigh^g' ^^^y appointed weighers and inspectors of hay and straw

under such rules and regulations as the commission shall establish,

ch^gl^for"^ °° AH 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 ($25.00) to be recovered by the aggrieved shipper.

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 commission 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,

state 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 commodities

in carload lots. Appointment of "^^^ Commission shall appoint a suitable number of persons to

weighers and inspec- 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 dissatisfaction of any

interested person with the official acts of any inspector reinspecting may be had upon application to the aforesaid chief inspector

of grain or either of his deputies. A final appeal from the decision of said chief inspector of grain or his deputy inspectors may

review made to the board of final review, to be provided for by the

commission under the rules it shall establish. The decision of

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

Sec. 6

Kelnspectlng

Board of final )
Minnesota 231

Sec. 7 Rules

Sec. 8 Penalty for interferOath

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.

The commission shall adopt all necessary rules and regulations

for the weighing and inspecting of hay and straw at such terminal

points.

In case any person or railway corporation or any of their agents

or employes shall refuse or prevent the aforesaid weighers and ing with weighers or inspectors of hay and straw from having free access to their scales

'"^p^'^'"'^ 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 (100) dollars for each

offense, such penalty or forfeiture to be paid to the state treas- urer for the benefit of the hay inspection fund hereinafter created,

and shall also be required to pay all costs of prosecution. All

weighers and inspectors of hay and straw shall take an oath of

office the same as required of deputy grain inspectors, and shall

give a bond to the State of Minnesota in the penal sum of five

thousand ($5,000) dollars with good and sufficient sureties to be

approved by the commission, and conditioned in like manner as the commission require from the chief inspector of grain. The

bonds given by such weighers and inspectors of hay and straw

shall be filed in the office of the secretary of state and suit may

be brought upon said bond, or bonds, in any court having jurisdiction thereof for the use of the person so injured.

The chief inspector of grain shall have the power to remove any

of said weighers or inspectors of hay and straw at pleasure.

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.

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 prodSec. 9 Removal of weighers

Sec. 10 Fee

Compensation

Sec. II Bonds
232 Laws Concerning Weights and Measures

ucts, nor in the employment of any person or corporation engaged

therein, nor shall they be members of any board of trade or organization of like character.

Removal oi 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 foimd inefficient or incompetent for the

duties of this position, such person shall be by the commission

immediately removed from office.

pena?ty for imper- Any pcrsou not duly appointed and quahfied, who shall assume

sonation j-g act as a wcighcr or inspector of hay and straw, shall be guilty

of a misdemeanor and be punished by a fine of not less than fifty

($50) nor more than one hundred ($100) dollars.

Penauy tor neglect Any duly authorized weigher or inspector of hay and straw who

and bribery shall be guilty of any neglect of duty or who shall knowingly or carelessly weigh or inspect 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 himdred ($100) dollars nor more than one thousand

($1,000) dollars or shall be imprisoned in the county jail not less than thirty (30) days nor more than one year, or both, in the

discretion of the court.

Weighers tokeeprec- All wcighcrs 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 amoimt 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.

cert^cates Said wdghers 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 inspected, date of

weighing or inspecting and contents of car, provided that such

certificate of weights shall be admitted in all actions either at law
Minnesota 233

or in equity as prima facie evidence of the facts therein contained, but the effect of such evidence may be rebutted by other

competent testimony.

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 handHng, 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 pubHc 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.

MISSISSIPPI

The standards established by congress are the standards ofp^°^^^-

weiehts and measures in this state; and a fac-simile of each is de- secsoes, as amended •I'll r 11 iri Men. 12, 1900 posited With the secretary of state, as well as at each of the state standards ot weights ... p ^ . /- ^ and measures institutions of learning. The secretary of state and the proctors

of those institutions are authorized to conform and seal all weights

and measures brought to them, and to receive the fees allowed

therefor. And on all sales by weight of the agricultural products

hereinafter named, the number of poimds per bushel as stated in

the following schedule, shall be the true and legal standard, viz : ^

Pounds. "Wheat per bushel . . 60 Com in the ear do ... . 72 Com shelled do.... 56 Cotton seed ^ 32 Rye per bushel . . 56 Buckwheat do ... . 48 Barley do.... 48

Oats do. ... 32 Peas do. . . . 60

Wliite beans do ... . 60

Castor beans do ... . 46

Irish potatoes do. . . . 60 Sweet potatoes do ... . 60 Onions do. . . . 57 Turnips do. . . . 55 Dried peaches do.... 33 Dried apples do.... 26 Clover seed do. . . . 60 Flax seed do. . . . 56 Millet seed do ... . 50 Hungarian grass seed do ... . 50

Timothy seed per bushel Blue grass seed do. . .

.

Hemp seed do. . .

.

Salt do. . . Com meal do. . .

.

Ground peas do. . .

.

Malt do Bran do ...

.

Stone coal do ...

.

Lime, unslacked do. . . . Sorghum seed do. . .

.

Com meal, bolted do. . .

.

Com meal, unbolted do. . .

.

Flour in barrels net.

.

Flour in one-half barrels do ...

.

Flour in one-fourth barrel sacks net

Flour in one-eighth barrel sacks net Meal in barrels net.

.

Pounds, standard weight ot 45

1444

5048

2438

2080

80

4244

48

196

24 200

bushel

All contracts for work or labor done, or anything to be sold and |^^jS^°g

delivered, will be construed to have been made according to the

standards, unless the parties stipulate to the contrary.

The board of supervisors of every coimty, and the mayor and |t^|frd for counties board of aldermen of every city, may procure the standards of cities weights and measures duly sealed by the secretary of state or some

proctor, and consisting of one weight of fifty pounds, one of twentyfive pounds, one of fourteen pounds and one of seven pounds; two

1 For convenience in printing a slight change has been made In arrangement of these articles.

2 See also section 5070. 235
236 Laws Concerning Weights and Measures

of four pounds, two of two pounds, and two of one pound, avoirdupois ; one meastue of one yard, and one of one foot, cloth measure; one measure of half a bushel, one of one peck, and one of onehalf peck, dry measure; one measure of one gallon, one of one-half

gallon, one of one quart, one of one pint, and one of one gill, wine

measure.

insplctorofprovisions ^hc inspector of provisions appointed for the county or city

to^be keeper of stand- 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

Sealing and fees the couuty and city, and shall seal weights and measures brought

to them, and receive the fees allowed,

itain^ps' for sealing '^^^ boards of supcrvisors and mayors and boards of aldermen

measures shall respectively provide the proper stamps or brands with which

to seal weights and measures.

Cotton 'seed * Uulcss Otherwise agreed upon, a bushel of cotton-seed shall be

thirty-two pounds avoirdupois.

The standard weight of coal shall and is hereby established at acted by ch. 206, Laws, i/\ 1 ''co^tonof ^'^^ thousand (2000) pounds to the ton, or two hundred (200)

Box or barrel of pouuds to tlic box or barrel, and unless otherwise agreed upon,

coal shall be sold by the ton of two thousand potinds, or the box

or barrel of two hundred pounds.

Measure of charcoal Unlcss othcrwisc 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.

Measure oi saw logs, The table known as "Scribner's Lumber and Log book by

Doyle's Rule " is the standard rule of measurement 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 log,

shall be guilty of a misdemeanor, and punished accordingly, and

be liable to any person injured for triple damages.

DeaiM^to have none Whcu the county or city is supplied with the standards of

but sealed measures weights and mcastires, 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 unsealed weight or measure.

s^euing by false If ^^^Y pcrsou shall Sell anything by any false weight or measure,

weights or measures 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
Mississippi 237

other vessel, calling it a pint, quart, or other quantity, he shall be

guilty of a misdemeanor and fined not less than ten dollars, and

imprisoned not less than ten days.

The correct name and the true net weight of the contents of each fooa'packagea to be and every hogshead, barrel, box, cask, bale, sack or package oi^^^^^^

flour, com meal, cotton-seed meal and of any and all other kinds

of feeding stuff 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 let- ters 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 representative of

any person, firm or corporation to sell or exchange or offer for

sale or exchange any of such mill products, so packed or contained, imtil the provisions hereof have been complied with.

If any person shall violate the provisions of the two preceding

sections 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.

. The poAvers hereby granted shall be exercised by the mayor ch. 99 and board of aldermen of the respective cities, towns, and villages, ^^^^"^^^^'^ as hereinafter set forth:

(Ninth). To prescribe rules for the weighing and measurement weightag, measuring

of every commodity sold in the municipality, in all cases not inspecting 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.

If any purchaser or weigher of cotton shall deduct from the ^" true weight of any bale or package thereof any amount whatever, 1370^**^ as scalage, with intent to diminish the sum to be paid or credited sc^ge 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.

If any purchaser of cotton shall fail to account to the seller for irtiiai weight the actual weight of the cotton bought, except where the amoimt

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

cpr-tinn Code, 1906, ch. 97 beCLlOn. ... Sec. 3296 Every owner or occupier of a mill grinding for toll shall keep Miiiers to keep sealed

TT1 c 3 s u r 6 s Slid toll and use therein sealed measures of half-bushel and peck, and a dishes
238 Laws Concerning Weights and Measures

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.

Code, 1906, ch. 103 That a standard measure for oysters is hereby established,

standard measure for 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 onehalf 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 measture 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.

Laws, 1908, ch. 107, That all persons, manufacturers, companies, dealers, or agents,

^'se'c. 5 before selhng or offering for sale for use in this state, any commerst^ffs*^ bl^t" marked cial feeding stuff, shall attach to each bag, barrel or other package,

with net weights ^j^^ name of the feeding stuff, if any, the net weight of the package, the name and address of the manufacturer. * * *
Mississippi 239

Fees

Laws,

" p. 260

1906, ch. 2i8,

Smith County

That the jurisdiction of cotton weigher of the town of Pontotoc in p

'9°^' Pontotoc County (which ofl&ce is created by Chapter 3 5 1 of the Sheet sjc^j^ weigher of Acts of 1888) be, and the same is hereby, extended so as to be co-Po°to^oc county to be extensive with the County. The said cotton weigher shall hold his Duties of oflSce until the next general county election, to be held in the year

1907, and until his successor has been elected and quahfied, and

his successor shall be elected at the same time, and for the same term

as other county officers. The Board of Supervisors of said county

are hereby authorized and empowered to require the cotton

weigher of said county, by an order duly entered on their minutes,

to appoint a sufficient number of deputies and to station one at each cotton market place in said county to weigh all cotton sold at such place as in their discretion is proper to meet the public demand. The fee of each cotton weigher shall be ten cents for each

bale of Hnt cotton weighed by him, but he shall be entitled to no

compensation from parties who may decUne to have him weigh

their cotton. That the office of Cotton Weigher for Smith county, in said^

state, is hereby created, wliich shall be filled at an election to be sec. i ^ .

, 1 , . . 1 1 1 ,

. „ . 1 1. - To create the ofiBce of held m said county at the next general election. Said election to be cotton weigher for held in compHance with the general election laws of this state. The

'

said cotton weigher, when elected, shall enter upon the discharge

of the duties of said office on the first Monday in September after

his election, and shall hold his office until the first Monday of January, 191 2, and until his successor is elected and qualified. The

successors of said officer shall have the same quaUfications and be

elected at the same time and in the same manner, and shall hold

their office for the same term as the other coimty officers of said

county. Before entering upon the discharge of his duties, said

cotton weigher shall take the oath prescribed by section 268 of the

Constitution of this state, and shall enter into bond with two or more sureties in the sum of five htmdred dollars ($500), conditioned for the faithful discharge of the duties of said office, without

fraud or favor or partiaUty. Said bond to be approved by the

board of supervisors of said coimty; but the governor is hereby

authorized and empowered to appoint a cotton weigher for Smith

coimty to serve until his successor is duly elected and qualified.

The said appointee to take the oath and give the bond above prescribed before entering upon his duties.

That said cotton weigher is hereby empowered to appoint as many deputies as he may deem necessary, who are authorized to

act as his deputies at any place in said county where cotton is to be

weighed.

It shall be the duty of said cotton weigher to weigh all cotton

sold in or shipped from any village, town or city in said county, and

Sec. a Deputies

Sec. 3 Fee for weighing
240 Laws Concerning Weights and Measures

he shall be entitled to receive as compensation ten (10) cents for

each bale of cotton weighed by him, to be paid by the seller. But

it shall be optional with the owners of cotton as to whether said owners shall have their cotton weighed by said pubUc weigher.

^"-.^ ... .It shall be the duty of said cotton weigher to make all proper Dsuuctioxis for wet

or damaged cotton dcductions for wct or damaged cotton weighed by him, and he

shall give to the seller a certificate showing the number and net

weight of each bale of cotton weighed by him.

^

Laws, 1906. ch. 227. 'j-jja.t the office of cotton weigher for Winston Cotmty, in said

To'^ create the office State [Mississippi], is hereby created, which shall be filled in the same

winston^county'*^'^ manner and at the same election of 1907 as the other coimty officers

[offices] are filled. The said cotton weigher, when elected, shall enter

upon the discharge of the duties of said office, on the first Monday

of January after his election, and shall hold his office until the first Monday of January, 191 2, and until his successor is elected and

qualified. The successors of said officer shall have the same qualifications and be elected at the same time and in the same manner

and shall hold their office for the same term as the other county

officers of said county. Before entering upon the discharge of his

duties said cotton weigher shall take the oath prescribed by section

two hundred and sixty-eight of the constitution of this State, and

shall enter into bond, with two or more sureties, in the sum of

$1,000, conditioned for the faithful discharge of the duties of said

office, without fraud or favor or partialit}^, said bond to be approved

by the board of supervisors of said county.

Cotton weigher may That Said cottou wcighcr is hereby empowered to appoint as

appoint deputies many dcputics as he may deem necessary, who are authorized to

act as his deputies at any place in said cotmty where cotton is to

be weighed.

It shall be the duty of said cotton weigher to weigh all cotton sold

in or shipped from any village, town or city in said county, and he

shall be entitled to receive as compensation ten cents for each bale

of cotton weighed by him, or deputies, to be paid by the seller. Nothing herein contained shall be so construed as to prevent any- one from withholding his cotton from said cotton weigher, and said

cotton weigher shall not be entitled to fees on cotton not weighed

by him.

Deduction (or wet It shall be the duty of said cotton weigher to make all proper

deduction for wet or damaged cotton weighed by him, and he shall

give to the seller a certificate showing the niunber, net and gross

weight of each bale of cotton weighed by him.

Sec. 3

Compensation

cotton
MISSOURI

uresLength

Capacity

Weight

Sec. 1 1962 Notice

The clerk of each ccunty court shall provide, at the expense 3_^^7;,^'p'-^^^'- of the coimty, one measure of one foot, or twelve inches, En^hsh see. 11961

' -'' ' County clerk to pro- measure; one measure of three feet, or thirty-six mches, Enghsh cure weights and meas- 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 halfgallon measure, which shall contain one hundred and fifteen

and one-half cubic inches ; one quart measvire, which shall contain

fifty-seven and three-fourths 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.

So soon as the weights and measures are provided, the clerks

of the county courts shall cause notice thereof to be given at the

court-house door, for two months; and any person who shall

knowingly keep any measures 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 injured ten dollars, to be recovered by civil action before

any justice of the peace of the county.

Clerks of the county court shall, with the seal aforesaid, seal

all weights and measures presented to them for that purpose,

that correspond ^vith the county standard.

The himdredweight shall consist of one hundred pounds

avoirdupois, and twenty such hundreds shall constitute a ton. WTienever the articles hereinafter named shall be sold by the

bushel, and no special agreement as to the measurement or weights ^^1*^^^ oi various prod- thereof shall be made by the parties, the bushel shall consist of

the following number of pounds, viz. : ^

Sec. 1 1963 Sealing

Sec. 11964 Ton

Sec. 11965 Legal weights ol

WTieat Beans

Clover-seed. .

.

Irish potatoes

.

Peas

Split peas .... Rye

Lbs. per bush.60

60

60

60

60

60

=;6

Shelled com. .

.

Flax seed Unshelled com.

Barley

Oats Bran

Onions

Lbs. per bush.56

56

70

3220

57

' For convenience in printing a slight change has been made in arrangement of these articles. 8S78°—12 16 341
242 Laws Concerning Weights and Measures

I,bs. per bush. Dried peaches 33 Dried apples

Buckwheat

Castor beans Hemp-seed

Blue-grass seed Timothy-seed

Cotton seed

Salt Mineral coal Coke 1 2 Charcoal '2 Sweet potatoes

Parsnips

Common turnips

Carrots Rutabagas

Sec. 1J966 Timber

Sec. 11967

Flour, weight ol bar^

rel, sack

24

5246

44

1445

33

5°80

680 680

5644

4250

5°

Corn-meal

Millet Green peas, unshelled . . Green beans, unshelled

.

Apples

Peaches

Pears Hungarian grass seeds. .

.

Malt

Top-onions sets Red-top seed Orchard grass seed Sorghum seed Osage orange seed Cucumbers

Tomatoes

Lbs. per bush.50

50

56

5648

38

28

1414

4236

48

45

Sec. 1 1968 Fraudulent weighing

of ore

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 onehalf 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.

All plank and sawed timbers and lumber shall, unless otherwise agreed by special contract, be sold by board measure. A barrel of flour shall consist of 1 96 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 flom- 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 amotmt of

flour than the amounts above specified. Before any barrel, sack,

half sack or quarter sack of floiu* 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 pound[s], net

than such package actually contains, or who shall put up or sell flour in any manner contrary to the provisions of this section,

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. 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 htindred potmds

for one thousand or more than twenty htmdred poimds 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

' Cubic inches per bushel.
Missouri 243

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 coimty.

Every sale of grain, seed, hay or coal shall be made on the basis ug^"^^

of actual weight thereof, and any purchaser of grain, seed, hay or

^ saie^^our^ etc^o coal, who shall deduct any amount from the actual weight or weight 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 . Penalty for deduc- a fine of not less than ten dollars nor more than one htmdred

dollars for each and every offense.

No agent or broker selling any grain, seed, hay or coal shall iuaiority°of agent and have authority, under claim of right to do so by reason of any^^"''^^' srain, custom or rule of a board of trade, to sell any grain, seed, hay

or coal only 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 11969 and 11970 of this article shall be null and void.

The coimcil may prescribe mles and provide methods by ox&\- nance for the inspection, weighing and measuring of any com- 384^'-'^ modity sold in the city in all cases not otherwise provided for by inspection, weighing, law, and may provide for the selUng, 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 meastirers; 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, Imnber, 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. * * * All scales used for the weighing of property in public ^^^^^p'-^J^''^"'-

warehouses or public elevators shall be subject to examination and gec^esoo

^'"^^ test by any duly authorized state scale inspector, and no scales warehouse 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.

A violation of any of the preceding provisions of this article, vIoiaHon of preceding except in cases covered by sections 6778, 6792 and 6797, by any section—penalty warehouseman, elevatorman, owner, lessee, manager or employe

of public warehouses or elevators, created by this article, is declared a misdemeanor, and upon conviction thereof, the violator
244 Laws Concerning Weights and Measures

shall be fined not leSvS 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.

Weighers, duties of. The board of railroad and warehouse commissioners shall

appoint suitable persons to act as weighmasters at such places in

this state where state grain inspection and weighing may be established in conformity with the provisions of this article; said

weighmasters 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 case by such ware- houseman or elevatorman or raihoad having, upon the order of

the board of railroad and warehouse commissioners, track scales 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 such 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 settlement between the buyer and seller. And such state weighmaster shall have the entire control of such scales. mrehousemen and It shall bc the duty of the person or persons doing a public

sMte3°TM^°

'° furnish warchousc or public elevator business under this article to provide

and maintain suitable scales upon which all grain tendered to him

or them for storage, transferring, handling 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 con- venient point upon the track of some raihoad 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 imder this article, at some convenient time, at

least once a year, or when the railroad and warehouse commissioners order it, after giving fifteen days' notice, and imder the

supervision of an authorized state weighmaster or inspector of the

stme, whe? ^ 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 of grain into and from such warehouse or elevator shall be discontinued imtil such general weighing has been

Sec 6829 completed.

Railroads to provide At all terminal or other points within this state wherever state

^^^^ grain inspection may be established, it shall be the duty of all rail- roads to provide on the order of the board of railroad and ware-
Missouri 245

house commissioners, 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 board of

railroad and warehouse commissioners of this state, and it shall be

the duty of said commissioners to see that the provisions of this

article are strictly enforced. * * * And any weighmaster who shall knowingly falsely p^i^°toT bmiuweigh any grain, or shall knowingly give any false or untrue cer- lent weighing, etc. tificates as to the weight of grain, or who shall knowingly violate

any of the provisions of this article, shall be deemed gtdlty of a misdemeanor, and shall be pimished by a fine of not less than five

hundred dollars nor more than one thousand dollars, or shall be

imprisoned in the coimty jail, or 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.

The board of railroad and warehouse commissioners is required 6832*°"^^ to supervise the inspection and the weighing of all hay at points ^^"^g hay ^^^^^ within this state, for storage or sale, where state grain inspection

or state hay inspection has been estabHshed or may hereafter be

established by said commissioners.

The board of raihoad and warehouse commissioners are hereby loMd ^

to prescribe empowered to prescribe such rules and regtilations for the enforce- TMgf gj^*^

regulations, ment of the provisions of the preceding section as will as nearly as

possible conform to the requirements of law now in force regarding

the state inspection and weighing of grain, requiring such a bond

of inspectors and weighers of hay for the faithful performance of

duty as in the judgment of said commissioners is sufficient, and

prescribing such fees for inspection and weighing of hay as shall

be reasonable. The penalties now provided by this article for a ^^^^

failtue to comply with the law regarding state grain inspection

shall also apply to hay inspection as by the preceding section

required.

The mayor and common council shall have power \sithin the^ ^^'^'j^^^^; ^^^^-J^'- city, b^ ordinance, not inconsistent with the Constitution or any s-iT'^'' law of this state or of this article : Powers of mayor and

coimcil or cities of tlie

first class XXIV. To require all traders or dealers in merchandise or prop- url^^u^ed ti^'^trSerl,' erty of any description which is sold or measured or weighed, and ^"/g j^^^e t^d °° all common carriers 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 .pS^^tcer^MaiSr

of firewood, lumber, shingles, timber, posts, staves, headings and "^'^^ all kinds of building materials, and for measuring all kinds of

mechanical work, * * *.
246 Lavjs Co7icerning Weights and Measures

wei^i^g^oVh^y?itoe^ XXVI. To providc 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.

tion'of'Sidel apl XXVII. To rcgulatc the inspection of beef, pork, flour, meal

k^d i^pe^OTs'

^^"^^^^ other provisions, whiskey and other liquors to be sold in barrels, hogsheads and other vessels or packages; to appoint weighers,

gangers and inspectors, and to prescribe their duties.

and^JSa^fbrrad"^' XX\'III. To rcgulatc the weight and quaUty of bread to be

sold or used in the city.

2 ^h if^n.'l'^'^l' Mayor and common coimcil shall have power within the

^ ^ • fCitv, bv ordinance, not inconsistent with the constitution or anv Power and duaes 01 - ' - ' ^ ?fTof^" cond^dass

°' ^^""^ ^ statc, Or of this article;

To cause weights and XXIII. To require all traders or dealers in merchandise or propand sealed erty of any description which is sold by measure or weight, and

all common carriers using weights and measures, to cause their

weights or measures to be tested and sealed by the proper officer,

and to be subject to his inspection. The standard of such weights

and measures shaU conform to those established by law.

To provide for meas- XXIV. To regulatc and provide for inspecting and measuring

uring wood, etc. firc-wood, lumber, shingles, timber, posts, staves, headings, and

aU kinds of building materials, and for measiu-ing all kinds of

mechanical work, and to appoint one or more measures and inspectors therefor, and to make provisions for the inspection of steam

boilers, and all steam heating apparatus, and to hcense engineers

using steam boilers in said city.

in^h^y "etc *

'"'^ XXV. To providc cxclusivcly for the inspection and weighing

of hay, lime, stone coal, charcoal and all kinds of coal used for fuel or for heatiag purposes, and the places and the manner of weighing

the same.

To regulate tospection XX^T. To rcgulatc the inspection of beef, pork, flour, meal and of provisions ; to appoint .. \ ^ weighers, gaugers and other provisious, whiskcy and other liquors to be sold m barrels,

mspectsrs, e

c. hogsheads, and other vessels or packages; to appoint weighers,

gaugers and inspectors, and to prescribe their duties and regulate

their fees : Provided, That nothing herein shall be so construed as to require the inspection of any articles enumerated herein which

are to be shipped be^-ond the limits of this state, except at the

request of the owner thereof or his agent.

To regulate weight XXVII. To rcgulatc the wcight and quality of bread to be sold

and quality of bread - . . . "

or used m the city.

a.^h^si^p'^eir''^"^' That every owner, agent or operator of any coal mine in the

pSi^forusingfaise state, employing miners at bushel or ton rates, shall provide at

-sales 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
Missouri 247

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, and so arranges or constructs said scale or scales, or by any contrivance

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 htmdred 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.

That the Coal Mine Inspector of this state shall be ex-ofiicio ^spe^rto test scales 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, such scales which prevent correct weights and measure- ments 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

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 any other misdemeanor cases. * * * and shall always keep at such mill a half bushel and R^v. stat., icw9, voi. a peck measure, tried and sealed by the clerk of the county court, ^'sec. 8405'

1 1 Mills shall keen and proper toll dishes for such measures. measures There is hereby established the Bureau of Dairying, which shall Laws, 1909. p. 113 be under the direction and control of the department of agricul- Bureau oi dairying ture. The chief of such bureau shall be styled and known as the'^'^^'^^ state dairy commissioner.
248 Laws Concerning Weights and Measures

Itete standard milk Pipettcs shall, for milk, have a capacity of seventeen and six

measures tenths cubic 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 or bottles for cream shall have a capacity of six cubic centimeters of

mercury 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 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. Any manufactiurer, merchant, dealer or agent in this state who

shall offer for sale or sell any milk or cream pipette, or measure,

or test tube, or bottle which is not correctly marked or graduated

as herein provided for, shall be guilty of a misdemeanor, and,

upon conviction thereof, shall be punished by a fine of from

$50.00 to $100.00 with costs of suit.

vioi^ons; penally shall be uulawful for any manager, owner, agent or any employee of a cream or cheese or butter factory to manipulate or imder-read the Babcock test, or any other contrivance used for

determining the quality or value of milk, or to run any such

machine at a speed of less than 600 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 measure- ments except the true measurement as hereby determined. Whoever shall be guilty of violating this section shall be piuiished by a

fine of from $50.00 to $100.00, with costs of suit.
MONTANA

How paid

Sec. 2 Deputy State sealers

Salary

The Secretary of State is hereby declared to be and is the ex Laws, 191 1, ch. m

officio state sealer of weights and measures. The county clerks ^^f^^^'I'^^g ^^'^f^'^^'^ "

of each county are hereby declared to be deputy sealers of weights 3^°^^"*^ sealers, wuo and measures of their respective counties. The sealer of weights

and measures of each municipal corporation are hereby declared

to be deputy sealer of weights and measures of their respective

municipal corporations. All deputy sealers of weights and measures shall receive no compensation, other than such as may be

provided by lav/ and shall be paid by the county or municipal

corporation respectively.

The Secretary of State as ex officio state sealer of weights and

measures is hereby authorized to appoint not to exceed two deputy

state sealers of weights and measures to be designated inspectors

of weights and measures. Said inspectors of weights and measures shall receive a salary of one hundred and fifty dollars ($1 50.00)

per month and all necessary expense inctured in making any

inspection of weights and measures. The inspectors and deputy Duty and authority sealers of weights and measures shall have authority to do and

perform any and all acts authorized by this act under the direction and supervision of the state sealer of weights and measures.

All bills and accounts or expenses incurred by the state sealer of

weights and measures or by the inspectors of weights and measures shall be presented to and allowed by the state board of

examiners in the same manner as provided for other claims contracted for and on behalf of the state of Montana. All fees col- lected by the state sealer of weights and measures, or by the

inspectors of weights and measures provided for in this act shall

be paid by the state sealer of weights and measures, at least once

each quarter, to the state treasurer for the use and benefit of the

State of Montana.

The state sealer of weights and measures shall have full authority

and supervision over all deputy sealers of weights and measures ityand dilS^'oV or any deputies appointed as deputy cotmty sealers of weights and

measures and of all sealers of weights and measures which are now

or may hereafter be appointed by any municipal corporation

organized imder the laws of the State of Montana. Said state

sealer of weights and measures shall have general supervision

249

Fees, disposition of

Sec. 3 State sealer, author-
250 Laws Concerning Weights and Measures

over the weights and measiires 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 nec- essary and shall cause them to be kept and in no case removed

from a fire proof vault in his ofiice except for the purpose of certi- fication or repairs. He shall maintain said standards in good

order and shall submit them once in ten years to the National

Bureau of Standards for certification. He shall correct the standards of the several comities, 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 measuring and weighing

devices of the state in use in the state,

itate'* sealer and in- Said statc scalcr of wcights and measures or his inspectors shall

specters, duties of yisit the various coimties, cities and towns in the state in order

to inspect the work of the deputy sealers and in the performance

of his duty he, or his inspectors, may 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, firm or corporation or educational institution of the state, test or calibrate weights

and measures, weighing or measuring 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 insti- tution and he shall report in writing his findings to the executive

officer of the institution concerned,

itate^eaier and dep- statc scalcr of wcights and measuTcs or the deputy coumty

make"Sspectu>nr scalcrs of wcights and measures or inspectors of weights and measures may, in the discharge of their duties, inspect weights and

measures.

Annual inspection It is hereby made the duty of the state sealer of weights and

measures or his inspectors or the deputy sealers of weights and

measures to at least once each year, inspect all weights and

measures, balances, measuring or weight 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 deputy

sealer of weights and measures or such inspectors of weights and

measures as may be designated by any municipal corporation.

The certificates as prepared by the state sealer of weights and

measures shall be numbered in consecutive order and shall have
Montana 251

printed or stamped upon such certificate the year and shall be

furnished to the deputy inspectors of weights and measures of

each county or the inspectors of weights and measures in any

municipal corporation by the state sealer of weights and measures upon application therefor. The county inspector of weights and

measures or inspector of weights and measures in any mtmicipal

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.

From and after the first day of August, lOii, it shall be unlaw- sec 5 J.,. ' ~ ° ^ . . Tjmawful to use un tul tor any person or persons, firm or copartnership, corporation sealed apparatus 6r association of persons engaged in the trade of buying or selling,

purchasing or disposing of or dealing in any merchandise or commodities to any person or persons in the State of Montana without

first having had the weights and measures, scales or measuring devices used by them for the purpose of determining the amount or quantity of any article or articles of merchandise, tested and a certification attached thereto by the state sealer of weights and measures or by inspectors of weights and measures or by deputy sealers

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 measuring device.

Any person or persons using any weight or measure or scale Psnaity or other measuring device after the first day of August, 1911

or annually thereafter, which has not been tested as provided by

this act shall, upon conviction thereof, be deemed guilty of a misdemeanor and fined in a sum not less than twenty-five dollars

($25.00) nor more than three hundred dollars (§300.00) . Any per- son or persons who shall be deemed guilty of a second offence as provided in this act shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars

($500.00) and each and every successsive day any person or persons

using any weights or measures, scales or other measuring devices

shall be and is hereby declared to be a separate and distinct

offense. Every person or persons, firm, copartnership or corporation en- weights and meas- 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 each year, have his weights, measures,

balances and scales adjusted and sealed, and may for that purpose

present them at the office of the deputy sealer of weights and

measures of the county or city wherein he resides and whenever

any person presents weights, measures, balances and scales to be
252 Laws Concerning Weights and Measures

adjusted and sealed the deputy sealer of weights and measures of

the county or city must forthwith adjust and seal all weights and

measures brought to him for that purpose,

ieaiers to mate in- After the flrst day of March of each year, the sealer of weights

spections, when and mcasures, or his inspectors or the deputy sealers of weights

and measures of the county or city, 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 wliich have not

been sealed during the current calendar 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,

itete' sealer and in- '^^^ State scalcr of wcights and measures or his inspectors or any

Bpectors, authority of dcputy scalcr of wcights and measures shall have power 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 state by a proprietor, agent, lessee or employe

in determining 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, for hire, or award.

faeguiar inspections The State scalcr of wcights and measures or his inspectors or deputy sealers of weights and measures may at irregular intervals

examine the commodities sold or offered for sale and test them for correct weight, measure or count. He or his inspector or deputies

may for the purposes above mentioned and in the general perform- ance of their 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 purpose of making the proper tests;

Pouce power 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 sales or transfer of articles or

Prosecutions merchandise taking place within the state. Whenever the state

sealer of weights and meastires 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
Montana 253

Sec. II Record!

Reporti

thereupon prosecute the persons alleged to have violated the provisions of this act or any act relating to weights and measures. 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,

preceding the meeting of the Legislative Assembly. The inspectors

of weights and measures and deputy 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, of 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 deputy sealers of

weights and measures, together with blank reports, upon which

all reports of said sealers of weights and measures are to be made.

The form of record provided by the state sealer of weights and

measures for all deputy 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 and all books and papers shall be filed in

the office of the county clerk or city clerk and become a record of

said office. The state sealer of weights and measures shall have the authority

to remove any inspector of weights and measures who fails, refuses or neglects to perform any duty imposed upon him by the state

sealer of weights and measures. And shall report such facts in

relation to such inspectors of weights and measures to the governor

of the state of Montana with his approval endorsed thereon. Any wimoul^TOraylng"' 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, stamps a weight or measure or attaches thereto a certifi- cate 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 ($50.00) nor more than three hundred dollars ($300.00).

Every weight for use in trade, except when the small size of the

weight renders it impracticable shall have the denomination of such marked weight permanently marked on the top side thereof in legible

figures or letters ; and every measure 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 stamped by the state sealer of weights and measures or inspector

of weights and measures or deputy sealers of weights and measures.

Sec. 12 Inspectors, removal o(

Penalty for

Sec. 13 Weights , how
254 Laws Concerning Weights and Measures

A p o1 h e c a r i e s

• Apothecaries and all other persons dealing in drugs, medicine and

weights merchandise commonly sold by apothecaries' weights 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.

Weights and meas- If any wcights, measuTcs or balances can be readily adjusted by

whin

forbidden, guch mcaus as the scalcr of weights and measures may have 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 for- bidding their use until he is satisfied they have been so adjusted as

Penalty for removing to couform with the staudafd. Auv person or persons who remove ]10lIC6 - A A said notice without the consent of the officer affixing the same

shall, upon conviction, be fined in a sum not to exceed fifty dollars

($50.00)

.

Weights, measures. All wcights, m.casures and balances which cannot be made to

etc., condemned, when (,Qj^fQj-j^ to the Standard of wcights and measures as herein provided shall be stamped "Condemned" or "C. D." by the sealer

of weights and measures.

Weights, measures, The State scalcr of wcights and measures or inspector of weights

when'"^^ ^^'^^'^•and measures or deputy 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 case of violation of any act rela- tive to the seahng of weights and measiires. They shall be re- turned to the owners or forfeited as the court may direct,

ftin'erant p e d d 1 ers All itinerant pcddlcrs and hawkers using scales, balances, weights

2°^ '^^"^ and measures shall take the same to the office of the state sealer of apparatus tested . . . , - 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 persons failing to comply with the provisions of this section

Penalty for failure ghall be fined not Icss than five ($5.00) nor more than one hundred

dollars ($100.00) 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 ice scale shall be subject to a fine of not

less than ten dollars ($10.00) nor more than fifty dollars ($50.00)

for each offense.

Milk ind cream, how All milk, crcam, and skimmed milk shall be sold only by standard

^"'^ wine measure, and by or in measures, cans, jars, bottles, or other

Jars bottles etc to^^^s^^^s rcccptaclcs which shall, prior to being used in such sale,

be sealed be sealed 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
Montana 255

the same sold contrary hereto, shall be fined for the first offense

not less than fifty dollars ($50.00) and not exceeding one hundred

dollars ($100.00) and for any 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, ques/tesl^by staler 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 cerdficate 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 authorized to make complaints for the

violation of this act. No person or corporation shall, after the ist day of January, jg^s for IQ12, sell or offer for sale within the state of Montana any milk or ^".^ "^^^^ ^ ' , . . ir-ii 1 capacity permanently cream m bottles or m glass jars unless each of said bottles or glass marked 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 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 a less capacity than that which it piurports 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 conspicuous

manner its capacity as aforesaid, the person or corporation sell- ing or offering for sale milk or cream in any such bottle or jar, or having in his or its 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 ($5.00) Penalty nor more than one hundred dollars ($100.00) for each offense; and

each and every bottle or glass jar found in the possession or 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
256 Laws Concerning Weights and Measures

Separate offense, what constitutes

Sec. 31 False balance, etc.

Penalty for use or possession of

Sec. 22 Weight or measure

to be legal, when

Sec. 23 Selling by less quantityPenalty for

Sec. 24 Tolerances

Sec. 25 Neglecting or refus- ing to produce weights and measures for seal- er; obstructing and hin- dering

Penalty for

Sec. 26 Fees

the same or otherwise so indehbly and permanently indicated

thereon, or which shall not have blown into or otherwise indelibly

and permanently indicated thereon in a legible and conspicuous

manner the capacity as aforesaid, shall constitute a separate and

distinct offense on the part of such person or corporation, and upon

conviction such person or corporation shall be fined in a sum not

less than ten dollars (| 10.00) , nor more than three himdred dollars

($300.00)

.

A person who uses, or has in possession for use in trade, any

weight, measure, scale balance, steelyard, or weighing machine

which is false or incorrect shall be fined not more than one hundred

dollars ($100.00), or in case of a second offense, not more than

two hundred dollars ($200.00) , and any contract for gain, sale or dealing made by the same shall be void and the weight, scale,

measure, balance or steelyard shall be liable to be forfeited.

A weight or measure duly stamped by the state sealer of weights

and measures or inspector of weights and measures or deputy

sealers 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

re-sealed because used in any other place than that in which it was

originally stamped.

Whoever sells or offers 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 ($100.00), or in case of a second offense not more than two hundred dollars

($200.00)

.

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.

A person who neglects or refuses to produce for the state sealer

of weights and measures or inspectors of weights and measures or deputy sealers of weights and measures, all weights, measures or balances 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 a sealer under this law or violates any of the provisions of

this act shall be fined not more than one hundred dollars ($100.00)

and in case of a second offense, not more than two hundred dollars

($200.00).

The state sealer of weights and measures or the inspectors of

weights and measures or deputy sealer of weights and measures
Montana 257

shall demand and receive before the delivery of the certificate provided for in this act the following fees •

For inspecting and sealing scales of a capacity of 40,000 pounds and upward,

each S5. 00 For inspecting and sealing scales of a capacity of 24,000 pounds up to 40,000

pounds, each 4. 00 For inspecting and sealing scales of a capacity of 6,000 pounds up to 24,000 pounds, each 3- 00 For inspecting and sealing scales of the capacity of 2,500 pounds up to 6,000 pounds, each 2. 00 For inspecting and sealing scales of the capacity of 240 pounds up to 2,500 pounds, each i. 00 For inspecting and sealing scales of the capacity of 2 pounds up to 240 pounds,

each 50 For inspecting and sealing hopper scales, each 2.50 For inspecting and sealing two bushel, one bushel and one-half bushel measures, each 10 For inspecting and sealing any other dry measures, each 10 For inspecting and sealing every automatic weight machine or every instrument

or device of a capacity of less than three tons used for weighing or meastu'ing

any person or animal for hire or reward, each i. 00 For inspecting and sealing liquid meastues of the capacity of one gallon and

upwards, each 20 For inspecting and sealing any other liquid measures, each 10 For inspecting and sealing yard measures, each 10 For inspecting and sealing any linear measure for each 3 feet 10 For sealing bottles and jars each per dozen 25 The fees provided for in this section if collected by the state Fees, for whom re- C61V6Q sealer of weights and measures or inspectors of weights and

measures shall be demanded and received for the use of the state

of Montana. Where the inspection of weights and measures is made by any deputy sealer of w^eights and measures the fees herein

provided for shall be demanded and received by said deputy sealer

of weights and measures for the use and benefit of the county or

city respectively in the following manner.

Twenty-five per cent of all fees received by deputy sealers of —disposition of weights and measiu-es shall be paid to the state of Montana and

seventy-five per cent of all moneys collected under the provisions

of this act shall be retained by the city or county as the case may be.

Any deputy coimty sealer of weights and measures or any deputy sec. 27 city sealer of weights and measures who fails, neglects or refuses to mwliofby^ltate seaiM perform any duties or acts provided for in this act, or as may be

provided for by any regulations promulgated by the state sealer

of weights and measures, the state sealer of weights and measures

is hereby authorized to designate some other duly elected, qualified and acting official of the respective coimty or city to act as deputy sealer of weights and measures. The state sealer of weights and measiures is hereby authorized |uie|^ authority of to make and promulgate such rules and regulations for the gov- |^jg®

'° ernment, guidance and direction of inspectors of weights and

8578°-i2—17
258 Laws Concerning Weights and Measures

measures and deputy county and 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,

vioiation of act; pen- pe^son Or pcrsous violating any of the provisions of this act

aityior where no other penalty is provided shall, upon conviction thereof,

be fined in a sum not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300.00) , or by imprisonment in

the county jail not less than thirty nor more than ninety days,

ilaiirs are deputy The statc scalcr of wcights and measures, inspectors of weights

sheriffs ^j^^j mcasurcs or deputy sealers of weights and measures of the vari- ous 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,

lees^coiiected for vio- AH fccs collcctcd for violation of the provisions of this act shall

lation of act; disposition p^j^j ^j^g statc trcasurcr 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 fees imposed for

the violation of the provisions of this act must, 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 to the state treasurer taking his

receipt therefor.

lepea"! All acts and parts of 'acts in conflict herewith are hereby re- pealed.

in^efie'ct This act shall be in full force and effect from and after its passage

and approval.

tions'^^ reguia- Rules and regulations promulgated by the State Sealer of

Weights and Measures for the guidance and control of Inspector or Deputy Sealers of Counties and Municipalities within the state of

Montana. Approved March 28, 191 1. Rule I It shall be the duty of the Inspector of Weights and Measures to

Inspector, duty oi ajjyjgg ^jth and to havc a general supervisory control over all deputy sealers of weights and measures in each county or municipal

corporation of the state, under the direction and control and in the

absence of the State Sealer of Weights and Measures.

SspeJ?or to perform The Inspector of Weights and Measures shall visit such cotmties

state sea!??''"'^'^^* and municipal corporations as often as directed and required by

the State Sealer of Weights and Measures and shall perform all
Montana- 259

duties empowered by the laws of the State of Montana on the State

Sealer of Weights and Measures.

It is hereby made the duty of all deputy County or City Sealers ^'spections to be of Weights and Measures, immediately after the ist day of May, ^^'^S' ^i^en 191 1, and the ist day of March, 191 2, and annually thereafter, to

try, adjust and seal all weights, measures or balances in accordance

with the law.

Deputy County or City Sealers of Weights and Measures shall, inspections to be whenever requested by any person, and within a reasonable length '"^''^ "p°° '^^'J"^^' of time thereafter, visit the place of business of such person and

try, adjust and seal all weights and measures as requested.

Inspectors and Deputy Sealers of Weights and Measures shall. Monthly report each month, make out and forward to the State Sealer of Weights

and Measures, reports of all transactions for the preceding month,

upon the proper blanks furnished by the State Sealer of Weights

and Measures. Said reports shall be accompanied with all moneys

due the state, received by such Inspector or Deputy Sealer of

Weights and Measures during the preceding month.

Deputy Sealers of Weights and Measures shall pay all moneys MoneTs collected, to collected by them for the purposes designated in Section 26, of p^'^- "^^^^ this Chapter to the County or City treasurer as the case may be.

And the county and city treasurer shall pay to the State Sealer

of Weights and Measures 25% of all money collected by the

Deputy Sealers of Weights and Measures, not later than the fifth day of each and every month.

Any weight, measure or balance of whatever description that wi'fghtrmeasure or cannot readily be adjusted by inspector or deputy sealer of be'^ea(iii?''^adiSd! weights and measures shall be marked "Out of Order" and shall ''"'"^ ^arJi^ed not be used by any person until proper repairs shall have been

made on the same and the sealer or inspector or deputy sealer of

weights and measures shall have properly stamped the same as

correct. Any scale, weight or measuring device or balance when worn Weight, measure, out and cannot be repaired or readily adjusted shall be marked uowmafkeT^'*''"'"'"' "Condemned" or "C. D." and any one using a scale, weight, measure or balance that is stamped "C. D." shall be subject to

punishment as provided by the laws of the state of Montana.

All blanks or other materials furnished by the state sealer of Btaks"^ weights and measures to any county deputy or city deputy sealer

shall be paid for by the coimty or city respectively to the state

sealer of weights and measures the actual cost thereof.

The weights and meastues accepted and used by the govern- g_ p°'^l8"°'' ment of the United States at the present time, except as herein- ftanda'Ss after provided, are the lawful standard weights and measures of

the State.
26o Laws Concerning Weights and Measures

Sec. 20I0 Yard

Sec. 20II Subdivisions ot yard

Sec. 20I2 Rod, mile Chain and link

Sec. 2013 Acre

Sec. 20T4 Units of weight

Sec. 2015 Division ol pound

Ton

Sec. 2016 Liquid measures

Sec. 2017 Barrel and hogshead

Sec. 2018 Solid measure

Sec. 2oig Peck, etc.

Sec. 2020 Heaped measure

The standard yard 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 ascertained.

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.

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 htmdred equal parts, called links.

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 htmdred

and forty acres being contained in a square mile.

The standard avoirdupois and troy weights are the imits or standards of weight from which all other weights are derived and

ascertained.

The avoirdupois pound, which bears to the troy pound the ratio

of seven thousand to five thousand, seven htmdred and sixty, is divided into sixteen equal parts, called otmces; the hundred

weight consists of one htmdred avoirdupois potmds, and twenty

hundred weight constitute a ton. The troy otmce is equal to the

twelfth part of a troy potmd.

The standard gallon and its parts are the tinits or standards of

meastire of capacity for hquids, from which all other measures of

liquids are derived and ascertained.

The barrel is equal to thirty-one and a half gallons, and two

barrels constitute a hogshead.

The standard half bushel is the tmit or standard measure of

capacity for substances other than Uqtiids, from which all other measures of such substances are derived and ascertained.

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 meastire by two.

The measures of capacity for charcoal, ashes, marl, manure,

Indian corn in the ear, fruit, roots of every kind, and for all other

commodities commonly sold by heap measure, are the half bushel

and its multiples and subdi\dsions ; 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.
Montana 261

All commodities sold by heap measm^e 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.

Contracts made within this state for work to be done, or for anything to be sold or delivered by weight or measure, must be con- strued according to the foregoing standards.

The 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 each

of the articles hereinafter named consists of the number of pounds

affixed to each to-wit

:

Sec. 2021 Manner of keeping

Sec. 2022 Conbracts

Sec. 2023, as amended

by Acts of 1876 and 1901 Ton

Weight pel bushel

Pounds. Apples and pears 45 Barley 48 Beans 60 Beets 50 Bran 20 Buckwheat 52 Carrots 50

Coal, mineral 76 Com in the ear 70 Com, shelled 56 Com meal 50 Hay per ton 2, 000 Lime unslacked 80 Malt 30 Oats 32

Onions

Parsnips

Potatoes Peas Rye

Salt Seeds:Blue grass Clover Timothy

Flax Hemp

Hungarian grass. Turnips

Wheat

Pounds.575060

60

565°

1460

45

5644

50

5060

Violation

Penalty

(1907) Sec. 2024

Any person, persons, companies or corporations who shall violate the provisions of this Section by demanding, exacting, or taking more than the prescribed number of pounds per bushel or per

ton as fixed by 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 One Hundred Dollars, nor more than Five

Hundred Dollars, or by imprisonment in the County Jail not less than three nor more than six months or by both such fine and imprisonment in the discretion of the court. That, from and after the passage of this law, unless otherwise

agreed to between the contracting parties, the following shall . ^|^|t"^^TM^°'

constitute the legal measurement for hay in stack in the State of

Montana: Four hundred twenty-two (422) cubic feet shall con-t„^"'°''"'="'"='^^'*°

stitute a ton of clean, native, blue joint hay, after thirty days

and up to three months settlement in stack, but, when the same

shall have been over six months in the stack, three hundred and

forty (340) cubic feet shall be considered a ton. As to all other

kinds of hay, after the same shall have settled in stack from sixty

days up, five htmdred 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 (i) year. Four
262 Laws Concerning Weights and Measures

hundred and fifty (450) cubic feet shall constitute a ton of clean

timothy and clover after the same shall have been in the stack

Method of measuring ^j^j^y days, and Up to ouc year. Making measurements of hay in

stack, the following is hereby made the legal method of measure- ment, to-wit: The width and length of the stack shall be measured, and the distance from the grotmd 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 multipUed 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 tmder the provisions of this Act for a ton.

voT°'' Art xm 'p'es'' Copies of the original standards, to be made of such material as

. ^ the State Sealer directs, must be deposited by him in the office of standards for county '

. , eaiers the county sealers of the respective counties of this State, at the

expense of the counties, which are severally responsible for the

preservation of the copies respectively delivered to them.

iTandards to be '^^^ State Scalcr must causc to be impressed on each of the

marked copics of such Original standards the letter "C" to indicate the

word correct, and such other device as he may direct for the particular county ; which device must be recorded in the State Sealer's

office, and a copy thereof delivered to the respective cotmty sealers.

^jenai Code, 1907, p. £very pcrsou who, in putting up in any bag, bale, box, barrel, or

laise^weight 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

Penalty g,q{\ the Same, for an increased weight, is punishable by fine of

not less than twenty-five dollars for each offense.

Penal Code, 1907, ch. E^vcry pcrsou who knowingly marks or stamps false or short

''sec!'8702 weight or measure, or false tare, on any cask or package, or knowFaise marking

ingly sclls or offcrs for sale, any cask or package so marked, is guilty of a misdemeanor.

Toii,poMd -'^ 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 poimds 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.
Montana 263

The standard measure of capacity for milk shall be the gallon

containing two himdred thirty-one (231) cubic inches; the half j^jS^ndard measure

gallon shall contain one hundred fifteen and five tenths (115.5) .

' 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 , standard m e a s ure „ ,1, .ix for butter and cheese State of Montana shall be sixteen (16) ounces (avoirdupois weight)

to the pound when wrapped or put up in container exclusive of the

wrapper or container. Where weight and measures are stated in

pounds and ounces they shall be exclusive of the wrapper or other "Weight and meas- ^ . .. , ures to be exclusive of container, and each pound shall contain sixteen (16) oimces, each wrapper or container ounce containing four hundred and thirty-seven and one-half

(437K)_ grains. Any person, persons, firm or corporation selling ^f^^| ^^l^^^^t

or offering for sale any article of food as a pound, or any multiple

thereof, the net weight of which is less than sixteen (16) ounces,

or a proper multiple thereof to represent the number of pounds

sold or offered for sale, shall be guilty of a misdemeanor; Provided, a reasonable variance shall be permitted, and that toler- Tolerances ances shall be established by rules and regulations made by the

State Board of Health in accordance with the provisions of this act. It shall be the duty of each and every county attorney to inves- ^^^^^ attorney to tigate charges of violation of this act, made against persons, com- prosecute panics, corporations, made in his county and to prosecute all cases where evidence of guilt is shown.

Any person or persons violating section eight, nine, ten, eleven,

l^^^^'^ twelve or thirteen of this act, 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 less than six

months or more than one year, or by both fine and imprisonment

for each offense.

Any person or persons violating any other section of this act Penalty shall be punished by a fine of not less than twenty-five dollars

($25.00) nor more than one hundred dollars ($100.00), or by

imprisonment for not less than thirty days nor more than six

months, or by both fine and imprisonment for each offense.

That it shall be imlawful for any person, persons, association or j^^^"^^- ^- corporation, to knowingly expose for sale or sell within the State license to sen coai of Montana, without first having obtained from the Secretary of

State a license to sell any coal as hereinafter provided.

Every person, persons, association or corporation desiring to Application ior act as agent for or to sell at retail, coal within the limits of the ^°^TM^<i^ State of Montana, shall make an application in writing to the

Secretary of State, setting forth his or their residence, together

with the names of two or more responsible citizens of the State

of Montana as references.
264 Laws Concerning Weights and Measures

ilcretary of state to '^^^ Secretary of State shall thereupon issue a license for such

issue license applicant for one year, except as hereinafter provided, which

license shall set forth the name of the person, persons, association or corporation, and be kept conspicuously posted in his, their or

its place of business,

lee for license Evcry pcrson, pcrsons, association or corporation shall pay

" annually, upon the issuance of such license as hereinbefore provided, the sum of one dollar ($1 .00) , to the Secretary of State as a license fee. Sees ^ ^. , Licenses shall be for one year unless revoked as subsequently

License, duration of^ . J ^ j provided herem.

,A In all sales of coal the seller must give to the purchaser full

Coal, how sold . ° ^ weight at the rate of two thousand pounds to the ton.

License may be re- The Secretary of State shall have power to revoke the license of

voked,when ^j^y persou, pcrsons, association or corporation upon conviction

of a second violation of any law regulating the sale of coal within

the State of Montana ; but no such revocation shall be made until

due notice to the person, persons, association or corporation so complained of, is given ; and for the purpose of this section the said

Secretary of State, or his authorized agents, shall have power to administer oaths and compel the attendance of persons, and the

production of books, papers, etc.

Misrepresentation in pcrsou, associatiou Or Corporation shall be permitted to missaie of coal represent to the public respecting any coal offered for sale, nor to

sell coal of any particular name or from any particular mine tmder

the name or designation of another coal or mine.

Sec. 9 . Any person offending against the provisions of this Act shall be

Violation a misde- .,, ^. . , * => , ^ ... r i 11 u meaner guilty of a misdcmcauor, and upon conviction thereof shall be

Penalty Sentenced to pay a fine not exceeding five hundred dollars ($500.00)

,

and not less than fifty dollars ($50.00) or to be imprisoned for a term not exceeding six months in the County Jail, or by both

such fine and imprisonment.

Sec. 10 All Acts and parts of acts in conflict herewith are hereby reRepeal , , pealed.

effect l^his Act shall be in full force and effect from and after its passage.

Code. pt. IV, 'I'he Board of Coimty Commissioners of any county is hereby

''^I'g^^ii^p- authorized, in its discretion, when petitioned by twenty-five or

er^mry^estabii^h^pub' '^'^^^ residents and freeholders of the county, to establish and

lie scales locatc public scalcs at any suitable location selected by the county

commissioners within the coimty.

capadty of scales Such scalcs shall be purchased by the coimty, 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
Montana 265

dismounting from wagon, and shall be the property of the comity,

and at all times be mider its control and subject to the will of the

cotmty commissioners.

The Board of Coimty Commissioners shall appoint at each place g"^^^ county where public scales are established by them, a public weigher, who pJ|^jf^'?'*^'|ig'ii°g/P'

shall have the custody and care of such property, and who shall

give a bond to the county in the sum of $500.00, conditioned for

the safe-keeping of the same, and for the faithful and impartial

discharge of the duties incident to his trust in office. It shall be the duty of each public weigher to keep a stub record cutTof pubuc

of all weighing done by him, which record and the receipt issued ^e's'i^r 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 7.00 A. M. and 6.00 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 coimty,

as prescribed by the County Commissioners thereof, which state- ment shall show the date and character or kind of property

weighed, for whom weighed, and a complete statement of all fees

collected.

Such public weigher shall receive not to exceed ten cents for

lu^^'"^^^^ each receipt issued by him, and shall be governed by such rules and tions 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.

Any public weigher, under the provisions of this act, who shall flisg^reteipts make any 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.

^^^^^^ Hereafter a cubic foot of water (7.48 gallons) per second of Political Code, 1907, time shall be the legal standard for the measurement of water in'^sec'.ASst^'^'*"

fTiic c+Qf Measurement of U1113 OLctuc. water—cubic foot Where water rights expressed in miner's inches have been Miner "inch-equivgranted, one hundred miner's inches shall be considered equiva- ^i^nt in gallons lent to a flow 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.
266 Laws Concerning Weights and Measures

p^^T'

^^"* "°' '^^^ state coal mine inspector is hereby made, equally with the

Ix''' officio sealer oi'^'^^^Y clcrk, ex officio scalcr of weights and measures, in so far

weights and measures 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 county clerk of any county.

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 county

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,

itaiidard test weights For the purposc of Carrying out the provisions of this act, the

to be furnished 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 handUng of the

same, he shall be fully reimbursed upon making entry of the

proper items in his expense voucher.

^

Laws, 1911, ch. 120, ^jny person or persons having or using any scale or scales for

Musf not use false purposc of Weighing the output of coal at mines must not

weights 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.

1.
NEBRASKA

The standard of weights and linear measures shall be the sames^^^° |'^g^'^'=^^°TMp- as that established by act of congress for the several states, except

that the ton shall consist of two thousand poimds.

A bushel shall consist of two thousand one hunderd and fifty

cubic inches. The half-bushel, peck, and half-peck shall consist of

the proper division and subdivision of the bushel.

A gallon shall consist of two hundred and thirty-one cubic

inches.

A pound avoirdupois shall consist of seven thousand grains in

Troy weight.

A bushel of each of the articles enumerated in this section shall o ^ y^^^' ^^'^ occ. 12254,

consist of the nimiber of poimds respectively affixed to each, viz: ^^^efgrnp^'bushei

{1866, 1Q03)

Sec. 12250 Standards Ton

Sec. 12251 Bushel

Sec. T2253 Gallon

Sec. I22S3 Pound

Pounds. 24

'

Ton of hay

Gallon of honey

Apples, dried per bushel. Barley 4» Beans, castor 46 Beans, white 60 Bran 20 Buckwheat 52 Coal, stone 80 Com, ear 70 Com, shelled 56 Com meal 50 Hair for plastering 8 Hay per ton . . 2, 000 Honey, strained per gallon. . 12 Lime, unslacked per bushel. . 80

Malt, barley 30 Oats 32 Onions 57 Onions sets 25 Peaches, dried 33 Potatoes, Irish 60 Any person who shall knowingly keep false weights or measures, sec. 12255°^^ and shall buy and sell articles thereby, shall forfeit and pay, upon jngasu^gg'^^'s^'^ conviction, a fine of not less than five nor more than twenty-five ^"^^ dollars, to be recovered before any court having competent jurisdiction ; the fine shall be appropriated to the use of common schools

in the same coimty; he shall also be liable to the injtu"ed party in

double the amount of damages, with costs of suit.

Potatoes, sweet

Peas Rye

Seeds

:

Blue grass Clover Flax

Hemp

Hungarian grass. Millet Osage orange . . . Sorghum

Timothy grass. .. Salt Turnips

Wheat

Spelts

Alfalfa Green apples

Pounds.5°60

56

1460

5644

50

50

325°

4550

5560

40

60

1 For convenience in printing a slight change has been made in arrangement of articles. 267
268 Laws Concerning Weights and Measures

Sec. 12256 Public scales

Sec. 12257 Weighmaster

Sec. 12258 Scales, testing

Sec. 12259 Disputes

Sec. 12260 Weighmaster, salary

Sec. 12261 Townships under

commissioner system

Petition for scales

{igoi) Sec. 12262 Brick, size

Sec. 12263 Brick, selling

Sec. 12264 Contractors

That scales may be erected in the State of Nebraska for public use at public expense. Provided, that counties under township

organization may adopt the privilege granted by this act by townships. At the annual meeting of such township such meeting may

determine the location and number of such scales to be erected

and located in said township and levy a tax to pay for same. When such scales shall be erected it shall be the duty of the

"Township Board " to appoint a weigh-master 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

faithfully and honestly and the weigh-master so appointed shall

continue in office imtil removed by the "Township Board," or by

resignation.

The scales shall be first class and of standard make. The Township Board shall from time to time, as in their judgment seems

necessary, test the scales as to their accuracy and properly adjust

the same. Whenever disputes arise between two parties within the limits

of the Township where such scales are located, over the first weighing of any article, the same shall be weighed a second time on said

public scales; and the weigh-master's receipt therefor shall be

final. The Township Board shall fix and regulate the fee or salary of

said weighmaster and the fees for weighing. Provided nothing in

this act shall be construed to prevent the public from using such

scales, without employing the weighmaster, subject to the rules to

be made by the Township Board of such township.

Townships in counties under commissioner system, wishing

to adopt the provisions of this act, shall petition to the commissioners of such county, and where a majority of the electors so petition, the same shall be granted: Provided, that all duties

and powers imposed upon Township Officers by the provisions

of this act where counties are under Township organization

system shall be performed by the county commissioners of

counties under com.missioner system.

That the standard size of brick sold in the State of Nebraska

shall be eight and one-fourth (8X) inches long, four (4) inches

wide and two and one-half {2%) inches thick.

It shall be vinlawful for any person, persons or corporation to

sell any brick of any other size than that specified in section i [12262] of this act, without notifying the purchaser in writing of

the size of such brick at the time of the sale. Any contractor or builder who shall furnish any brick not of

the standard size provided in section i [12262] of this act, shall

be considered as subject to the provisions of this act.
Nebraska 269

Any person, persons or corporation violating any of the pro- ^lenaity^ visions of this act, shall, on conviction, be fined in any sum not

less than one hundred ($100) dollars nor more than five hundred

($500) dollars. There is hereby created a Food, Dairy and Drug Commission s,^ts.!'i^o^9^

^ for the State of Nebraska, for which the usual facilities for trans- „

' (^907) actmg its busmess and carrymg out the provisions of this act commission created, shall be furnished, the same as for other executive departments

of the state government.

The Governor of this State is hereby made the Food, Drug and 9819'°^-' Dairy Commissioner of said Commission and there is hereby m^^and enforce rules devolved upon him the duty of executing all the provisions of this and regulations act and. all other acts in force or which may be hereafter enacted

relating to food, drug and dairy products; * * *. In executing

the provisions relating to food, drug and dairy products; the

Food, Drug and Dairy Commissioner, shall, from time to time,

make, promulgate and enforce such rules and regulations as may

be necessary or proper to a prompt and effective enforcement of

this act, in accordance with its true intent. * * *

(a) The following foods when sold in package form require a prJl^uVgated hy' the statement on the outside of the package of the net weight or ^"JJ^'^^en't^of weight measure of the contents: or measure lyard, and its substitutes, cottolene.

Wheat products which include flour, crackers, bran, puffed

wheat, cream of wheat, wheat flakes or any food made substantially from wheat.

Oat products—oatmeal, and any food made from oats. Corn products—corn meal, corn flakes, etc. Mixtures of the above products.

Sugar—loaf sugars in packages, granulated in sacks, syrup and

molasses, in cans or pails.

Tea, coffee and dried fruits. The above does not apply to packages put up by the retailer.

(6) A reasonable variation from the stated weight for individual

packages is permissible, provided this variation is as often above

as below the weight or volume stated. This variation shall be

determined from the changes in the humidity of the atmosphere,

from the exposure of the packages to evaporation or to absorption

of water, and the reasonable variations which attend the filling

and weighing or measuring of a package.

(c) In a recent decision, the State Supreme Court held that

all wheat products and lard sold in package form must be labeled

with the net weight. This includes in the case of wheat products,

crackers, and all kinds of cookies sold in package form.

In the case of lard, all lard and its substitutes put up in packages.
270 Laws Concerning Weights and Measures

After January i, 191 2, all mixtures and compounds of lard

must be labeled with the net weight.

Notice is hereby given that on and after July i , 191 t , all packages

of crackers, cookies and lard must bear a statement of the net

weight.

sfSt^.^igc^^

^ That for the purpose of this act an article shall also be deemed

^J^907) to be misbranded : * * * In the case of food, or malt, spiritupackage loods, net Qus or viuous Hnuors ! * * * Third. If sold for use in Nebraska

weight required j • and m package i £form, other ^x. than cannedj com; if

-c every such-Lipackage, as branded and named below, does not have a correct state- ment clearly printed, on the outside of the main label, of the

contents and also of the net weight or measure of the contents

exclusive of the container, viz, all dairy products, lard, cottolene, or any other article used for a substitute for lard, wheat products,

oat products and corn products and mixtures, prepared or imprepared, sugar, syrup and molasses, tea, coffee and dried fruit.

ei^t*^'

packages ex- Provided, however, that the provision shall not apply to packages

put up by the retailer, nor to packages on hand by any retailer at the time of taking effect of this act. Fourth. In case of liquids,

other than medicines, if the true quantity in container thereof is ^

False labeling forbid- corrcctly Stated thcrcou. Fifth. If the package containing it, or the label thereon, shall bear any statement, design or device

giit^^^' shall be false or misleading in any particular. Sixth. In case of

food products, if there be contained in the package any gifts,

premiums or prizes. Provided, that an article of food which

does not contain any added poisonous or deleterious ingredients

shall not be deemed to be adulterated or misbranded in the followpo^dl^^ilbetogof"TM" '^^Z cascs: First. In the case of mixtures or compounds which may

be now or from time to time hereafter, known as articles of food,

imder their own distinctive names, and not an imitation of, or

offered for sale, under the distinctive name of another article,

if the name be accompanied on the same label or brand with a statement of the place where said article has been manufacttued

ur?^'o7^M^tents°^?l- Or produccd, the net weight or measure of contents, and in case of

"1"^''^'* syrups the per cent of each ingredient composing said food.

Provided that the net weight or measure shall not apply to mixtures and compounds on hand prior to January 1,1912. * * *

stet^.!'i^<^^ ' ^ Whoever shall expose for sale or sell within this state, any paint

(jpoo) which is labeled or marked in any manner so as to tend to deceive Sec. 9852x1 . -'

, . , . , . Misbranded paints, the Dtirchaser as to Its nature or composition, or which is not penalty for selling 11111 1 • r -11111 -i r accurately labeled as heremafter reqiured, shall be guilty of a misdemeanor, and for each offense shall, upon conviction thereof,

be punished by a fine of not less than twenty-five dollars, and not

more than one hundred dollars, or by imprisonment in the county

jail not exceeding sixty days.
Nebraska 271

The label required by this act shall clearly and distinctly state pss^'?' the name and residence of the manufacturer of the paint, or the i-abeiing of paints. weight or measure to distributor thereof, or of the party for whom the same is manu- be marked factured and show the name, * * *. 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 U. S. standard gallons or fraction thereof,

and in the case of paste 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.

In addition to the powers herein granted, cities governed by cobbey"!^ comp

this act shall have power by ordinance:

^*sec "yeir'

(Applicable to cities heretofore incorporated as cities of the Additional powers metropolitan class ^ and all cities which shall attain a population

of 100,000 inhabitants.)

To regulate the weighing and measuring of hay, wood, and weightt, measures, other articles exposed for sale, and of all coal sold or delivered ^"^^ "^f®"^""" 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.

In addition to the powers herein granted, cities governed under cob Jey's^comp

the provisions of this act shall have power by ordinance: stat., 1909, ch. 37. Art. (Applicable to cities having a population of more than 40,000 sec.''8o'2'8

• ^ 1• j_ Z \ Ordinances and pow- and less than 100,000 inhabitants.) ers To establish standard weights and measures, and regulate le^iTale weighing

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.

To provide for the inspection and weighing of hay and grain fnsplct" and regulate and coal, the measuring of wood and fuel to be used in the city, ^aie of fuel, grain, and 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.

In addition to the powers herein granted, cities governed under cobb^ey°s^comp.

the provisions of this act shall have power by ordinance: n^p/i^i

(Applicable to cities having less than 40,000 and more than ^^^llf 25,000 inhabitants.)

To regulate the weighing and measuring of hay, wood, and le^iufti markets,

other articles exposed for sale, and of all coal sold or delivered ''^'^'^'^ ^""^

' Omaha.
272 Laws Concerning Weights and Measures

within the city, and to provide for Hcensing and regulating the

inspection and sale of meats, poultry, fish, milk, vegetables, and

Bread all othcr provisious 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.

vStaL.'^igo^.^di.s?! Art' addition to the powers herein granted cities governed under

IV, p. 1487^^^^ the provisions of this act shall have power by ordinance

:

See. 8547 (Applicable to cities having a population of from s.ooo to

Ordnance—powers \ x'l' o r ir kJ' 25,000.)

sec.^8s76

^^"'^ To establish standard weights and measures and to regulate

^Weights and meas- jgj^^g ^ mctcrs and measurcs 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 meters.

Inspect fuel and feed To provide for the inspection of electric Hght, 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 regulate 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.

stat°^9^?di^3^Trt: In addition to the powers hereinbefore granted cities and vil-

^' ^"

'"*(/979) lages under the provisions of this chapter, each city and village

AdditilJ^i powers ^uact Ordinances or by-laws for the following purposes.

(Applicable to cities having a population of from 1,000 to 5,000

inhabitants, and to villages having a population of from 200 to 1,500 inhabitants.)

Is^abiished weights establish Standard weights and measures and regulate the

and measures weights and mcasurcs 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.

^splction and weigh- To providc for the inspection and weighing of hay, grain, and

ing of merchandise coal, thc mcasuring 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.

Stet"^'^^'''^ jo°"^' ^ny person or persons who shall knowingly and wilfully sell, or

Sec ^'^P' '^"^ direct, or permit any person or persons in his or their employ to

F?aud'ta weighing sell any Commodity or article of merchandise, and make or give

commodities r i t . • i j any false or short weight or measure, or any person or persons

owning or keeping, or having charge of any scales or steelyards
Nebraska 273

for the purpose of weighing live-stock, hay, grain, coal, or other

articles, who shall knowingly and wilfully report any false or untrue weight, whereby any other person or persons may be

defrauded or injured; such person or persons shall be fined in any

sum not exceeding fifty ($50) dollars, or be imprisoned in the jail

of the county not exceeding thirty (30) days, at the discretion of

the court, and also be answerable to the party defrauded or injured

in double damages.

That every person, firm or corporation engaged in operating cobbeTs^comp.

any raihoad within the state of Nebraska, over which coal and^g'^^*., 1909, ch. 47, p. other commodities in carload-lots shall be transported for hire, g,e<^ ?°6io. 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

provided.

Such track-scales shall be so installed and maintained at all l^'^- ^

. . . II' r -i 1 • 1 • Same, Where in- division stations along the line of such railroads withm the state stalled of Nebraska, and at such other stations as the State Railway Commission shall from time to time direct.

The owner, consignor or consignee of any carload lots of grain,

certificates coal, merchandise or other property in course of transportation over any railway within the state, transporting 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 number of pounds

of gross and net weights, and 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. 8578°—12 18
274 Laws Concerning Weights and Measures

i^me^'wheris no Whcrcver any carload lot of merchandise, coal, grain or other

Males ' property shall be delivered for transportation for hire to any carrier by railroad within this state consigned 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 shall immediately become the duty of such initial carrier to cause the same

to be weighed in the manner required by the third section of this

act on the track scale located nearest the station to which such

car is consigned, and to stamp upon the way bill for such car, all of the matters required to be set out in the certificate provided for

in the third section of this act; but where coal, grain, merchandise

or other property in carload-lots is consigned to stations where

track-scales are 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.

VT^iationrfact Any raihoad company operating in this state violating any of

the provisions of this act, by neglecting or refusing to fvunish

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,

sess. Laws, igir, ch. Thc Ncbraska State Railway Commission shall have power,

w^e^'g hTn g cars, and it shall be its duty to enforce reasonable regulations for the

weighing of cars and of freight offered for shipment or transported

within this state.

Sec- 4 , 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 Commission and

subject to inspection by it or under its direction.

imil inefficient '^^^ Commission shall have power either on its own motion or on complaint being made to determine 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.

viSiation of act; pen- Any officcr, agent or representative of any Railway Company or ^

common carrier who shall violate any of the provisions of this act, or who shall fail or refuse to obey and carry out any decision,

order, rule or regulation of the Nebraska State Railway Commis95.

freight
Nebraska 275

sion duly entered in conformity with the provisions of this act,

shall be guilty of a misdemeanor and upon conviction shall be

fined for each offense a stun of not less than $100 nor more than

$500, or by imprisonment in the coimty jail not less than ten

days nor more than thirty days, or both, within the discretion of

the court. All cream sold in the State of Nebraska for the purpose of 5^°,^i^! di^ ^p. butter-making shall be tested for butter fat by the following pre- ^'^7 ^^^^ scribed method: the Babcock test shall be employed, and samples sec 9838' used in testing shall be weighed on a suitable scale or balance, tested and where eighteen grams are used as a sample the same shall be

tested in a nine inch bottle graduated to at least five-tenths per

cent, or where nine grams are used as a sample the same shall be

tested in a six inch bottle graduated to at least five-tenths per

cent, also graduated to give full reading of the test, and in all tests the column of bucter fat shall be read between the temperature of one hundred and twenty degrees and one hundred and

forty degrees Fahrenheit; and all bottles, glass-ware and scales

used in making tests of milk or cream as herein required shall

have stamped thereon the approval of the Food, Dairy and Drug

Commission.

The standard of measurement for flowing water shall be a cobbey -s comp. ^ otats., 1909 cubic foot per second of time, both for determining the flow of

es^f^Lnended

water in natural streams and for the purpose of distribution by Sess. Laws, 1911, therefrom when appropriations have been made for direct flow. ' ^' The standard of measurement of the volume of water shall be an m^suremeS"'^'^'^

°* acre-foot, equivalent to 43,560 cubic feet, and when water is stored in any natural or artificial reservoir, it shall be used for

determining the capacity of such storage reservoirs, the amoimt

stored and the amount used therefrom. What is knowm as the Miner's inch miner's inch shall be regarded as one-fiftieth of a cubic foot per

second in all cases.

NEVADA

The standard weights and measures as have been adopted by ^

the Government of the United States of America, and such weights, see i ... . _ ^

, -,1° Government stand- measures, balances and measurmg devices as heretofore have been, ards of weights, meas- 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. The unit of standard measure of length and surface, from which ^e'toing yard and all other measures of extension, whether lineal, superficial or soHd, fractions 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.

The rod, pole or perch shall contain five and a half standard Deling rod, etc. 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. The acre for land measure shall be measured horizontally, and sec. 4

, . , ,

. - . , Acre and square mile contam ten square chams, and be equivalent m area to a rectangle defined sixteen rods in length and ten rods in breadth. Six himdred and

forty acres shall be contained in a square mile.

The perch of mason work or stone shall consist of twenty-five |g^j.-c^ cubic feet. The units of standards of weights from which all other weights sec.^* shall be derived and ascertained shall be the standard avoirdupois

and troy weights adopted by the Government of the United States. 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 otmces. The hundred277

Units of weight
278 Laws Concerning Weights and Measures

weight, 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 pound iinless otherwise distinctly

specified.

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.

The barrel shall contain thirty-one and one-half gallons and two

barrels shall constitute a hogshead.

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 hahbushel, peck, half-peck, quarter-peck, quart and pint measures for

measuring commodities other than Uquids shall be derived from

the bushel by dividing it and each successive measure by two.

Whenever any of the following articles shall be contracted for, or sold, or dehvered, and no special contract or agreement shall be'=^'^TM commodities 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: *

Ton

Ounce

Sec. 8 Gallon Quart

Pint GUI

Sec. 9 Barrel Hogshead

Sec. lo Bushel, etc

Sec. II Barrel and bushel of

Wheat flour— Pounds. Per barrel 196 Per half-barrel 98 Per quarter-barrel sack 49 Per one-eighth-barrel sack 24 Per one-sixteenth-barrel sack ... 12

Com meal— Pounds. Per bushel sack 48 Per half-bushel sack 24 Per quarter-bushel sack 12

And the following commodities per bushel

:

Pounds. Pounds. Wheat 60 Rye 56 Indiau corn on the ear 70 KafBr com 56 Rice com 56 Cora, 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 Onions 57

Salt 80

' For convenience in printing a slight change has been made in arrangement of articles.
Nevada 279

Pounds. 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 48Pounds. Parsnips 50

Carrots 50 Beets 56 Tomatoes 56 Peaches 48 Shelled dried peas 60

Alfalfa seed 60 Oats ^2 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 and figures with its correct weight, together with the name of its manufacturer.

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.

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 commodities shall be sold only by standard liquid

meastu-e or standard weight, except where parties otherwise agree. 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. A standard cord of firewood sold or offered for sale in this state

shall be and contain one hundred and twenty-eight 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 purchaser, a written statement of the quantity, in terms of the

standard cord, of the firewood so delivered.

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. 12 Standard bread loaf

Sec. 13 Butter

Sec. 14 Milk or cream

Sec. 15 Berries, etc.

Sec. 16 Firewood

Sec. 17 Ton of coal
28o Laws Concerning Weights mid Measures

Proviso

Sec. 19 Sale by

weight

when

true net

AJi' packages to bear shall be Unlawful for any person to put up any commodity or

correct statement of articlc of merchandise into a package or container and sell or offer weight, number, etc. , ^ , for sale m this State such commodity or article of merchandise m

that form without having such package or container labeled in

plain, intelligible English words and figures with a correct state- ment 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.

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

Mutual agreement, 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 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 or 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 or measures aforesaid.

Ilisl or short weight 1^ shall be Unlawful for any person, in buying or selling any comor measure uniavrful modity or article of merchandise, to make or give false or short

weight or measure, or to sell or offer for sale any commodity or arti- cle 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 inaccurately placed,

either as to weight or price.

Any person 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 cotmty 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

to such violation shall be ordered confiscated and destroyed. He

shall also be liable in damages to the party injured by his violation

Sec. 21 Penalties

Treble damages

sufferer
Nevada 281

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 com- modity 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 Proviso above as below the weight, measure or quantity stated.

It shall be the duty of the district attorney to prosecute all vio- District attorney to lations of the provisions of this act occurring within his county. pTMsecute The director of the Nevada Agricultural Experiment Station is offidii sealer hereby designated and constituted ex officio 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

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 imder section one 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 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 time own.

It shall be the duty of the sealer and his duly authorized deputy ^^^^^^ to test and prove all weights, measures, balances and measuring assistants 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, measure, balance or measuring device is found by the sealer or his deputy or deputies to be

false or untrue or not of the approved type, or which does not con- form 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 deputy to
282 Laws Concerning Weights and Measures

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 peace having jurisdiction, charging the

suspected person with a misdemeanor, and shall take charge of,

pending the trial of the accused person, the weight, measure, bal- ance or measuring device used in such suspected violation.

Powers oi sealer and '^^^ scalcr and his duly authorized deputy shall have full power

deputies to cutcr any premises in or on which any weights, measures, bal- ances or measuring devices may be located or used for the purpose

of trade, or any premises in or on which any commodities or arti- cles 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 measvuing devices and such packages or containers.

Sec. 26 It shall be unlawful for any person to hinder, obstruct or in any

sealer or deputies 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 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,

ilailr must test be scalcr or any one of his deputies shall seal any weight,

fore condemning measure, balaucc or measuring device before first testing and makweights, etc. .^^ samc couform 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 thereof in a

court of competent jurisdiction shall be subject to a fine of not less than five dollars nor more than one hundred dollars.

1?"-^^. . ^ . ^ If the sealer or any of his deputies neglects to keep the standards

Neglect of duty by . rr c

sealer or deputies, how under his chargc lu good ordcr or repair, or suners any 01 tnem

punished

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
Nevada 283

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.

The sealer shall keep a record of all the weights, measures, bal- ances or other measuring devices sealed, and of all convictions had

and confiscations made imder 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 guid- ance of his deputies and the said regulations shall govern the procedure to be followed by the aforesaid deputies in the discharge of

their duties.

The terms "package" and "container" as used in this act shall

include any carton, box, barrel, bag, keg, drum, bimdle, jar, jug,

crock, demijohn, bottle, crate, basket, hamper, pail, can, parcel,

package or paper wrapper.

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 ofiicer, agent or other person acting for or employed

by any corporation, company, society or association within the

scope of his employment or ofiice, shall in every case be also

deemed omission or failure of such corporation, company, society or association, as well as that of the person.

The sum of fovu- thousand dollars ($4,000) 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 draw his

warrants for the sum herein appropriated in favor of the Nevada

Agriculttu-al Experiment Station, and the state treasurer is hereby

directed to pay the same. This act shall take effect June first, nineteen hundred and eleven.

All acts and parts of acts in conflict with or inconsistent with

this act are hereby repealed.

The city council shall have the following powers

:

50. To provide for the inspection and seaHng of weights and

measures.

5 1 . To enforce the keeping and use of proper weights and measures, by vendors.

Sec. 29 Sealer to keep record

Sec. 30 Terms defined

Sec. 31 Person defined

Sec. 32 Appropriation

Sec. 33, as amended by Laws, 1911, ch. 14s In effect Sec. 34 Repeal

lyaws, 1907, ch. 125, p. 25s Sec. 28 Powers of city council

Weights and measuresEnforcement

NEW HAMPSHIRE

The standard weights o and measures of this state shall be those j

. Laws, 1901, ch. 125, p. received from the United States, and the ale or beer measures of 39°

^^^^^^ the capacity of two hundred and eighty-two cubic inches to the

ff^^^j.^^

gallon, provided or to be provided by the state treasurer. All Ale gallon scale-beams, weights, and measures owned by the state shall be

deposited and carefully kept in his ofhce by the treasurer, and

shall be used as standards and for no other purpose.

The state treasurer shall carefully keep the standards of weights La^i^'igo^'ch^M^p:

and measures belonging to the state, and perform all duties in rela-

^ tion thereto, and for the compensation prescribed by law. s'ate treasurer to be -111 111 11 custodian of standards The state treasurer shall try and prove by the state standards Pub. stat. and sess. all such scale-beams, weights, and measures as shall be brought tosso"^'" ^

' ^' him for that purpose. see. 2

^'^'^''^ A sealer of weights and measures for each county shall be fe^r^"'

appointed by the governor, with advice of the council, who shall county seaier , hold his office until another is appointed. He shall safely keep the ^"''^^ standard scale-beams, weights, and measures of the county, shall

permit them to be used only as standards, and shall cause any

deficiencies therein to be immediately supplied, at the expense of

the county.

The county sealer shall, once in every three years, try and county seaier to try prove the standard scale-beams, weights, and measures of the^^gP""'^"""'^^'^'"^"

county by the state standards, and shall be allowed for the same a reasonable compensation by the county commissioners; and he

shall try and prove by the county standards all scale-beams,

weights, and measures brought to him for that purpose by any

town sealer. Any town, at the annual meeting, may choose, by majority vote, La^s^'i9oi' ch"''4f^p! one or more collectors of taxes, * * * sealers of weights and''^

^^^^^^ measures, measurers of wood and bark, surveyors of lumber, cullers gee =s

, - . , 1,1 rr- •

1 -I Sealers of weights of staves * * * and such other officers as it may judge neces- and measures and

p • -J. £f • 1 1 11 11 _r J.1 other officers; appoint- sary for managing its affairs, who shall severally perform thementof

duties prescribed by law.

The selectmen of each town shall provide the town sealer with a L^i^^go^'ch" «f,^p; full set of scale-beams, weights, and measures. If they shall 39°

^^^^^^ neglect to provide any scale-beam, weight, or measure necessary to sec. s

28s
286 Laws Concerning Weights and Measures

make such full set, after notice of the deficiency and a reasonable

time to procure the same, they shall forfeit for each offense ten

dollars.

g The sealer of weights and measures chosen in each town shall

Duties of town sealer carefully keep the town standards, and permit them to be used

only as standards ; shall once in three years cause them to be tried

and proved by the county sealer, for which he shall be allowed by

the selectmen a reasonable compensation ; and shall try and prove

by said town standards all scale-beams, steelyards, weights, and

measures which shall be presented to him for that purpose.

Every sealer of weights and measures in a town or city shall once

in each year, within three months after the first of April, visit and

examine every place where scales or measures are used for the purchase or sale of any goods or commodities, and shall examine all such scales or measures. Such sealer shall go to and there try and prove any local platform or other fixed scales, when applied to for that purpose, and

shall receive for such service a reasonable compensation.

The county and town sealers shall seal all scale-beams, weights,

and measures found conformable with the standards, with the seals

heretofore used, if any; otherwise the county sealer may use such

seal as he may select, a description thereof being first lodged in the

office of the secretary of state ; and the town sealer shall use such

seal as the town may adopt by vote describing the same. The state treasurer shall receive ten cents, the county sealer

ten cents, and the town sealer twenty-five cents for each and

every scale-beam, steelyard, or scale, and ten cents for each measure examined and sealed, excepting where more than five

scales or measures belonging to one person or firm are sealed,

in which case the fee shall be one half of that sum for each additional measure; all fees to be paid by the party or parties whose

scales, weights, or measures are examined. The sealer shall

give to the party or parties a certificate of the examination,

which shall contain the number of scales, weights, or measures

sealed by him, and the date thereof. He shall keep a record

thereof in a book provided at the expense of the town or county

for which he was appointed, which shall state the number of

scales, weights, and measures sealed by him, the parties for whom

they were examined, and the date thereof.

Any sealer who shall refuse or neglect to perform any duty

required by law shall forfeit for each neglect or refusal ten dollars. Whoever, himself, or by his servant or agent, or as the servant

or agent of another person, firm or corporation, is guilty of giving

Compensation

(1S64, ifiys, iQoi) Sec. 7 Duties of sealers

Sec. 8 Platform scales

Sec. 9° Sealing

(1864, 1875) Sec. 10 Fees

Certification

Records

U864)

Sec. II Sealer's neglect

^ U87S.1Q11)

Sec. 12

or measure; possessing false or insufficient weight or measure, or whoever, for the purrahfs°peiMityfor^''^' poses of buyiug or selling, shall have in possession any scales,
New Hampshire 287

steelyards, balances, or other weighing or measuring device so afto weilLfor adjusted as to falsely weigh or measure, or which have not been measure; penalty for sealed as hereinbefore provided, subject to such exemptions and

provisions as may appear elsewhere in the laws of this state,

shall be punished by a fine of ten dollars for each offense. The

sale of any commodity that is falsely branded as to weight or measure shall be punishable by a like penalty. But in all proceedings under this section, any deviations from the represented

weight or measure of a commodity, falling within the tolerations

adopted or which may be adopted by the National Bureau of

Standards, shall not be prosecuted. And it shall be the duty

of sealers to file the necessary information with the proper chief

of police or county solicitor, whenever they may secure satisfactory evidence of the violation of any of the provisions of this

section, and such chief of police and county solicitor shall prosecute these offenses to final judgment and sentence. Provided,

that in prosecutions under this section involving the sale of food

and drugs, health officers shall have concurrent jurisdiction with

sealers. When any commodity shall be sold by the hundred weight,

Hundredweight

it shall be understood to mean the net weight of one hundred

pounds avoirdupois; and all contracts concerning goods sold by

weight shall be construed accordingly, unless otherwise distinctly

expressed.

Every public or town weigher of goods or commodities shall pubuf weigher's

weigh the same, and certify the weight thereof accordingly ; duty and for each neglect or refusal to do so he shall forfeit five dollars. All measures by which fruit and other things, excepting char- Heaped bushel meas coal, are usually sold by heaped measure shall be of the following ure dimensions: The bushel, not less than eighteen and a half inches

in diameter inside; the half-bushel, not less than thirteen and three

quarters inches in diameter inside; the peck, not less than ten

and three quarters inches in diameter, inside; and the half-peck,

not less than nine inches in diameter inside.

Every basket or other measure by which charcoal shall be l^^g/^^^gi measure measured or sold shall be not less in its average diameter than

twenty inches, and of a depth sufficient to contain eighteen gallons

level measure, which shall be accounted two bushels, or one

strike.

Any person using a weight, measure, scale or balance after a

Laws.isn.ch.ss.p.gs sealer has demanded permission to test the same and has been ^^R|'^"^sing^j ^'"^^I'low refused such permission shall be liable to a penalty not less than penalty tor ten nor more than fifty dollars. All weights, measures, scales and balances that cannot be made condemned to conform to the standard shall be marked or stamped Con- tus appara-
288 Laws Concerning Weights and Measures

demned or C D by the sealer; and no person shall thereafter use the same for weighing or measuring any commodity, sold or exchanged, under penalty of not less than twenty nor more than

one hundred dollars

Sec. 3 If such weights, measures, scales or balances can be readily

Sealer may adjust ap- , i , , -r. \. j-. j i paratvs, when; may adj ustcd by such mcaus as hc has at hand, he may adjust and seal

condemn apparatus, ^j^^^. •£ ^j^^^ canuot bc readily adjusted, he shall affix to such

weights, scales, balances or measures a notice forbidding their use

Removing sealer's ^^^^^ Satisfied that they have been so adjusted as to conform

notice, penalty for to the standards and whoever removes said notice without the consent of the sealer affixing the same shall for each offense be fined

not less than ten nor more than twenty-five dollars,

ieizing apparatus ^ scalcr or dcputy sealer of weights and measures may seize

without a warrant such weight, measures, balances or scales as may be necessary to be used as evidence in case of violation of the

law relating to the seaUng of weights and measures ; such weights,

scales, measures and balances to be returned to the owner or forfeited as the court may direct.

Ilsttag apparatus be- Evcry scalcr who has reasonable cause to believe that a weight,

lieved to be altered mcasure, scalc or balance has been altered since it was last adjusted

and sealed, may enter the premises in which it is kept or used, and

shall be allowed to test and examine the same,

in'effect Thxs act shall take effect on its passage.

L^s^'i^oi^*ch°f26^^^^' IvO^ves of soft bread offered for sale shall weigh either half a

Sec. I, as amended by pound, or one, one and a half, two, three, or four pounds each; and

Laws, 1901. ch. 32, p. biscuits shall weigh either four or eight ounces each.

slc.'^2,' as ''Amended If anyouc shall sell or offer for sale any loaves of soft bread or any

^Penait^'°' soft biscuits that shall weigh less than the requirements of the preceding section, he shall be fined ten dollars for each offense.

j^sec.^3,^ as amended In procccdiugs brought uudcr section 12 of the Public Statutes

Weight 'of grain per for falsc or insufficient weight or measure in connection with the

^ sale of any of the articles hereinafter mentioned, the following

weights and provisions shall govern: Except where the parties

shall expressly agree to sale by measure, a bushel shall contain the

number of pounds as hereinafter set forth: Apples, 48; 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 com, 50; crahberries, 32; carrots, .50; clover seed, 60; flax-seed, 56; herds grass or timothy seed, 45;

Japanese barnyard millet (P. crusgalli), 35; lime, 70; oats, 32;

onions, 52; pears, 58; peaches, 48; 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;
New Hampshire 289

wheat, 60. All fruits, nuts and vegetables, if sold by measure,

shall be sold by dry measure, United States standard, and shall soi<i' be measured by level measure. Baskets or other receptacles

holding one quart or less, which are 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.

"WTioever sells or offers for sale, or has in possession with intent

to sell, any of the aforesaid fruit 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 Penalty for violation or other receptacles shall not be required to be tested and sealed as pro\4ded by chapter 125, Public Statutes, but any sealer or health officer may test the capacity of any basket or other receptacle ia which any of the aforesaid fruit is sold or intended to be

sold; and if the same is foimd to contain less than the standard

measure, or if the quantity of such fruit is othenvise less than as herein pro\"ided, he shall seize the same and make complaint against se'El?^hen°^^ the vendor.

Milk shall be bought and sold by wine measure, the standard for ch!^'J2?.^; which shall be two hundred and thirty-one cubic inches to the'^° {igeo.mg)

gallon, and for subdi^-isions of the gallon in the same proportion. l^asJure of mak

All measures or vessels used in the sale of milk shall be tried and fee. 13 iif.. Measures for milk to proved by the standard 01 wme measure, and the quantity they be tried and proved by

hold agreeably to such standard shall be marked thereon. AnyurT ' ° i^i^emeas- person selling any milk by any other than measures so tried, sealed,

and marked, shall forfeit for each offense ten dollars. All milk cans used by persons engaged in the business of pur- ^^^[^^°' -''^^ chasing milk at wholesale, shall be sealed annually by the sealer of Siiuc'cana to be

. . , . ., ., sealed and marked an- weights and measures m the city or town where the purchaser nuauy 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. WTien milk is purchased by the can, such can shall hold eight j.^^*"^

quarts of milk and no more. capacity Any person violating the provisions of the two preceding sec- ^^^^^ tions shall be fined not more than fifty dollars. All cord wood exposed for sale shall be either four feet, three feet, iJ^J''i^''-c^°'^,f^- or two feet long, including half the kerf, and, being well and closely 394 ' ^^^^^^ laid together, a quantity measuring eight feet in length, four in sec. 14

. .

•' . o ' Cord wood how width, and four in height shall constitute a cord. measured It shall be the duty of measurers of wood and bark to measure any wood or bark whenever requested, and to give a certificate ^Me^^ers of wood thereof; and they shall be paid for the service, by the party re-
290 Laws Concerning Weights and Measures

Duties and ieos questing 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 coras, and four cents a cord when it is twenty

cords or less.

lehising or neglect- mcasurer, upou tender of his fees, shall mrreasonably neging, penalty jg^t Or rcfuse to meastne 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.

jjws.'i^t'^^i^t^'- Surveyors of lumber shall survey all plank, boards, spars, slit

""i^^ J work, shingles, clapboards, and timber previous to the sale thereof,

luSber

°* 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 requested by the seller or purchaser,

and give a certificate of the quantity and sorts, if required, on payment therefor.

itandard thickness I'hc Standard of thickucss of merchantable plank shall be two

°* pi^'* inches, and when any plank of a different thickness shall be purchased, it shall be admeasured and calculated by that standard.

ihV timber, how All rotmd ship timber shall be measured according to the folmeasured lowiug rulc: A stick of timber sixteen 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.

Timber by thousand, roimd timber, the quantity of which is estimated by the

how measured thousaud, shall be mcasurcd according to the following rule: A

stick of timber sixteen inches in diameter and twelve inches in

length shall constitute one cubic foot, and the same ratio shall

apply to any other size and quantity. Each cubic foot shall

constitute ten feet of a thousand.

L^s'^'i^^'cTlaf^p shingles offered for sale in this state shall be straight, four

405^^' ' ' inches wide, free from shakes and worm holes; shall be split or

Shingles, sizesii sawcd in a longitudinal direction crosswise the grain, and shall be

designated and known according to their quaUty as "No. i,"

"No. 2," "No. 3," or "refuse."

"Shaved shingles No. i " shall be eighteen inches long, sevensixteenths 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 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 * * * A^easnremenf shinglcs shall pass iuspcctiou uulcss SO packed as to contain

number in bundle 'by admeasurement one quarter of a thousand in each round

bunch, and either one thousand or one-half or one-quarter of a
New Hampshire 291

etc.,

Barrel staves

White oak staves

Red oak staves

thousand in each square bunch. Each bunch or bimdle shall be

branded upon the butt, "No. i " "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.

All white oak butt staves shall be at least five feet in length, five sec, 10 inches wide, and one inch and a quarter thick on the heart or thin- siz^^ of

'

est edge and every part thereof.

All white oak pipe staves shall be at least four feet eight inches Pipe staves 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 Hogshead staves 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 no 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.

All shooks 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 at the least ; 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 himdred.

All contracts for the sale and purchase of raw or immanufac- j^^^^g'^^^^f^^^^'^^g^^^^- tured cotton, made within this state, shall be taken and deemed u'sro) to be contracts for sale and purchase at actual weights, exclusive Contracts for pur- of the weight of bagging, rope, iron ties, or straps, or any other Jo'^fhow w^t^ed

material in which the cotton may be packed.

Splitting Shooks

Headings

Hoops

Counted by decimal hundred
292 Laws Concerning Weights and Measures

Where there is no special agreement as to the amount of tare to

Marking of bales be allowcd on each bale, every bale of raw or immanufactured

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.

I^e!' how ascer- For the purposc of ascertaining the weight of the packing ma-

^^^^ terial upon cotton, according to the provisions of this chapter, 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.

Any town or city may appoint one or more public weighers of Laws, 1901, ch. 33, p. 525pubuc weighers; ap- coal or Other merchandise. Such weighers shall be appoiated in

S'^ce'^'

'^""""^^ towns by the board of selectmen and in cities by the body which

appoints the city sealers of weights and measures, and shall hold

office during the term of office of the body by which they are appointed, and until their successors are chosen and qualified,

subject, however, to removal at any time by the body from which

they derive their appointment.

To"' weigh coal and AH coal and hay sold by weight in any city or town adopting

hay at expense of seller provisions of tliis act shall be Weighed by one of such public

weighers, at the expense of the seller. The weigher shall deliver

to the seller or his agent, a certificate of the weight of all merchandise weighed by him, which certificate shall be delivered by

the seller to the buyer or his agent at the time of the delivery of

such merchandise. The weigher shall keep a record of all such

certificates, which record shall at all times be open to inspection

by any person interested therein,

fnteristed person not No pcrson shall act as a public weigher of coal or other merto act as weigher chandisc of which he is either the buyer or seller, or a servant or agent of the buyer or seller, or in the sale whereof he has any

interest.

files*to towns Evcry pcrsou selling to any city or town by weight any merchandise the weight whereof is more than one htmdred pounds,

shall furnish therewith the certificate of the public weigher of said

city or town at his own expense.

ce'rtfficate to be fur- Auy pcrsou, uot a city or town, purchasing by weight any merp^chaser"

"^^"^""^ "'chaudisc the weight whereof is more than one hundred pounds,

other than coal or hay, may require therewith the certificate of a

public weigher of the city or town in which such purchaser resides,

such certificate to be delivered with said merchandise at the

expense of the seller. Public weighers shall be paid such fees, not exceeding ten cents

for each weighing and the certificate and record thereof, as shall
New Hampshire 293

be prescribed by the body by which they are appointed, which

shall be in full for the use of their scales, for the certificates furnished by them, for the recording thereof, and for all services

performed by them in their official capacity.

Any city or town may appropriate money for and may erect po^^l^g ^iugg and maintain public scales within the limits of any public high- f^ns^j.^

^^^^^^ way, or on any lands leased or purchased by them of the owners,

and shall have power for this purpose to lease or purchase such

lands or to take them in the same manner as lands are taken for

public highways.

Any person who shall sell any merchandise without furnishing l^^^jy

therewith the certificate of a public weigher as required by the

provisions of this act, or any public weigher who, on tendering

to him of his lawful fees, shall refuse to perform any duty imposed

upon him by the provisions of this act, shall be punished by a

fine of not more than twenty dollars. This act shall be in force only in such cities and towns as shall Adopuon of this act by lawful vote of the town or of the city council, adopt its provi- ^f^'Toundi"" sions. When lawfully adopted in any city or town, it shall continue in force until the vote by which it was adopted shall be

rescinded.

Any town or city which has adopted, or may hereafter adopt, '5°?. 'S. p- the provisions of chapter thirty-three, laws of the State of New see i IT rA - 1 ,ir Towns may reject cer- Hampshire passed January Session 1901 may be exempted from tain provisions of public the provisions of section three of said chapter, by lawful vote of

^^'^^^"^ the town, or by vote of the city councils.

A dealer in ice who on request of the purchaser of ice, refuses '9°'' p- or neglects to weigh the same when delivered or gives false weight fee. i 1C6 to D6 W61Cj16Q OQ shall for each offense be punished by a fine of not more than delivery; penalty fifty dollars. Whoever, 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. That for the purposes of this act an article shall be deemed to

bemisbranded. * * * . ' l^fsbVded foods In the case of foods

:

Third. If in package form, and the contents are stated in terms

of weight or measure, they are not correctly stated on the outside

of the package.

Every manufacturer, company or person, who shall sell, o^er, ^^J'^^ l^l^^^^ or expose for sale or for distribution in this state any concen-i^y sess. Laws, 1911, i cn. 195, p. 257 trated commercial feeding-stuff used for feeding farm live-stock, pSea.i^

^^^^ ^^^^ shall furnish with each car or other amount shipped in bulk and statement of weight shall affix to every package of such feeding stuff, in a conspicuous
294 Laws Concerning Weights and Measures

When 30ld at retail

Sec. 2 Definition

place on the outside thereof, a plainly printed statement cleariy

and truly certifying the number of net poimds in the package sold

or offered for sale, the name or trademark under which the article

is sold, the name of the manufacturer or shipper, the place of

manufacturer [manufacture], the place of business, * * *. WHienever any feeding-stuff is sold at retail in bulk or in packages

belonging to the purchaser, the agent or dealer, upon request of the

purchaser, shall furnish to him the certified statement named in

this section.

The term concentrated commercial feeding-stuffs, as used in

this act, shall include linseed meals, cottonseed meals, pea meals,

cocoanut meals, gluten meals, gluten feeds, maize feeds, starch

feeds, sugar feeds, dried brewer's grains, malt sprouts, hominy

feeds, cerealine feeds, rice meals, oat feeds, com and oat chops,

wheat, ryo., and buckwheat bran and middlings, ground beef or

fish scraps, mixed feeds, and all other materials of similar nature;

but shall not include hays, and straws, the whole seeds nor the

unmixed meals made directly from the entire grains of wheat, rye, barley, oats, Indian com, buckwheat and broom com
NEW JERSEY

The words "weight and measure" or

as used in this act shall be deemed to mean and to include any

weights and measures "

^ofTrt^"'''

Sec. I weight, measure, scale beam, patent balance, spring scale, steel- ures defined yard, tape, counter measure, receptacle of any kind, or any other

instrument or apparatus and acces[s]ories 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. The standards of weights and measures in this State shall be

those recognized or furnished by the United States. On all sales by weight of the agricultural products hereinafter

enumerated the number of pounds per bushel, as stated in the fol- lowing schedule, shall be true and legal standard

:

Superintendent

Assistant

Sec. 2 Standards

Sec. 3 Pounds per bushel

Lbs. per bush. Onions 57 Peaches, matured 50 Peaches, dried, peeled or unpeeled . . 33 Peas 60

Potatoes (Irish) 60

Potatoes (sweet) 54 Rye 56 Sugar cane (amber) 57 Timothy seed 45 Wheat 60

Lbs. per bush. Apples 50 Apples (dried) 25 Barley 48 Beans 60 Beets 60 Buckwheat 50 Carrots 50 Clover seed 60 Flaxseed (linseed) 55 Indian com or maize 56 Oats 30 When a fractional part of the bushel is sold, the fractional part

of the above weights shall be required.

The standard gross ton shall consist of two thousand two hundred and forty (2,240) poimds. The standard net ton shall consist

of two thousand (2,000) poimds.

The standard measure for a barrel of cranberries shall be one hundred quarts. Barrels 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, to wit: head, sixteen (16) inches

diameter; staves, twenty-eight and one-half (28}4) inches long;

29s

Sec. 4 Standard t<m

Sec. 5 Cranljeny barrel
296 Laws Concerning Weights and Measures

bilge, fifty-eight and five-eighths (sS^) inches outside circumferMarked ence. Such barrels shall be branded or stenciled in a durable

manner "standard."

1 V 1 The standard measure for a bushel of cranberries shall be thirtyCranberry Dusbel r' EEd crates two (32) quarts, rouudcd 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 shall be of the following size, to

wit: twenty-two (22) inches in length, twelve (12) inches in depth

and seven and one-half (7K) inches in width inside clear measure,

of liquid meas- pcrsou shall usc a liquid measure in the purchase or sale of

ires other than liquid commodities.

coai^and grain sold "^^^ g^^i^) coal, cokc or charcoal, regardless of quantity, shall be

by weight sold by Weight. No person, firm or corporation shall deHver or cause to be delivered any grain or coal in amounts exceeding one himdred poimds without each sale or delivery being accompanied

^'O^^" by a delivery ticket and duplicate thereof : Provided, That there

shall be a delivery ticket and duplicate thereof delivered with each

Delivery tickets ^qq^^j Qf grain gr coal sold and delivered. On both tickets there

shall be distinctly and indelibly expressed, in ink or otherwise, the

quantity or quantities in poimds 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

^oviso 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 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.

iuperintendents and ^hc department of wcights and measures shall consist of a State

"^SgM^tion superintendent, of assistant State superintendents, of coimty

superintendents and assistant cotmty superintendents and of a mimicipal 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 ofiice, as provided by law.

Appointment of State The Govcmor, by and with the advice and consent of the Senate,

fendents"^*^ ^"i^^'-shall appoint a State superintendent for a term of five years. The

governing bodies of the respective counties shall designate the

tendemts"'^' ^"J*®TM" county superintendent. In addition, the governing body of any

mimicipality may, by ordinance, provide for the office of municipal
New Jersey 297

Proviso

Proviso

superintendent of weights and measures and may designate the

municipal superintendent; but when such municipal body shall

have adopted such ordinance, the clerk of said municipality shall

forthwith file, with the State superintendent, a certified copy of

said ordinance, and the person so designated shall forthwith be

entered upon the records of the State superintendent as the

mimicipal superintendent of weights and measures : Provided, That

in any mimicipality where by ordinance there already exists departments of weights and measures as provided by law, such department shall continue in existence, which fact shall be certified to the State superintendent as herein provided, and persons holding

the position of sealer and assistant sealer of weights and measures under such ordinance, shall continue in office imtil the expiration

of the term for which they were originally appointed, and upon the

expiration of their term their successors shall be appointed as in

this act provided ; but the former officers shall hereafter be known

by the titles designated in this act and shall conform to the regulations herein provided: And provided further, That two or more

counties or two or more municipalities may by agreement employ

the same superintendent with the powers and duties of the county

or mimicipal superintendent, as the case may be, which fact shall

be certified to the State superintendent in the manner as above

provided for such certification.

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 cotmty or mimicipal 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 jg^""",^^'^' s^pe""- powers of the regular county or municipal superintendents. Such

honorary or special superintendents shall serve without compensation.

The State superintendent shall posses scientific and technical Technical knowledge

knowledge of the construction and use of standards of weights and necessary measures. All county and municipal superintendents and all assistant superintendents shall be persons of sufficient scientific

knowledge to properly inspect, examine and report on the technical condition of said standards. All officers except the superinSec. II Assistants
298 Laws Concerning Weights and Measures

Civil service to apply ^gjj^jgjj^ shall be subjcct to the regulations of the State Civil

Service Commission in municipaHties which have adopted civil

service.

lU^Yes 'I'^^ salary of the State superintendent shall be twenty-five himdred dollars ($2,500.00) per annum; the salary of the assistant

superintendent shall be twelve himdred dollars ($1,200.00) per

annum, except in first-class cities, where the salary shall not be

less than one thousand eight hundred dollars per annum, and in

second-class cities the salary shall not be less than one thousand

five hundred dollars per annimi; the salary of the county and

municipal superintendents shall be fixed by the governing body of

such coimty or such municipality, but shall not exceed fifteen hundred dollars ($1,500.00) per annum.

Authority of auperin- '^^^ State Superintendent and all assistant State superintendents,

endents couuty and mtmicipal 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,

coimty, or mimicipal, and it shall be the duty of the State superintendent to send his assistant into any coimty 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 inspectors while making said tour

of inspection shall be paid out of the fund provided by law for the

Department of Weights and Measures.

Duties of superin- It shall bc the duty of each county and municipal superintendm?alMM*''^'^'''^^°'^^'^t t° ^^^^ charge of all copies of the standards adopted by this

a n

"1^ Mrtfficaton^'^^f Standards of the State, which shall be by order of the

standards ' ° 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.

Supervising authority 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
New Jersey 299

for its proper enforcement. He shall have general supervision over the work of the said county and municipal superintendents.

The assistant State superintendents shall be under the direct control of the State superintendent ; the assistant 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.

The jurisdiction of the cotmty superintendents of weights and f^i^iction of county measures and their assistants shall extend throughout the cotmty "^^^"^^ for which they were appointed except there be appointed municipal

superintendents as above provided, in which case the jurisdiction

of the county superintendents will not extend to such municipalities. But nothing in this act shall prevent any county or municipal superintendent or assistant from making official inspections in

any municipality in this State upon the designation of the State

superintendent.

Upon the request of any citizen, firm, corporation or other inter- feste' ested party made to the superintendent of the State or the superintendent of any mtmicipaUty or county thereof, 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, ^^^^ correctness 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 url^^tes^d and seated used in trade within this State shall be tested and sealed at least biennially once in every two years ; 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.

Whenever any weight or measure has been duly tested as herein ^pections and rules provided for, and has been found correct, the superintendent or*'"'^'®^ assistant making the test shall properly seal the same. If such

weight or measure shall not be found 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 municipal superintendents in making inspections, and such State superintendent may also make rules and

regulations which shall govern the sale of commodities. Every

person so employed under any section of this act shall devote all official badge

his time to the duties of the office. Each superintendent and

assistant superintendent shall be furnished with a badge displaying

his official number, and shall exhibit the same when demanded at
300 Laws Concerning Weights and Measures

Records

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.

iuppiy information It shall also be the duty 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 annually, within ten days after the first day of January, make a sworn report of his work to the State superintendent,

which report shall contain a transcript of the report of all inspections, and the State superintendent shall, before the fifteenth of

February, make a report to the Legislattne 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,

de^rtments^'^

^'^'^ '^^^ State Superintendent or one of his assistants shall at least once annually test all weights and measures used in checking the

receipt or disbursement 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 successor in office of all such standards, balances and other apparatus,

waiionai st a n dards shall bc the duty of the State superintendent to procure a set

procured of Standards properly certified by the National Bureau of Standards, which shall be paid for out of the funds of the State.

£n?^municii^m°eT'*^^ shall bc the duty of the superintendent of each county or mimicipality to procure 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.

standard's* '^^ use of In no casc 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.

Official seal '^^^ State Superintendent shall provide a suitable official seal to be used by him during his term of office and duly surrendered

by him to his successor,

^^^certificates of author- jje shall also providc for himself and 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.
New Jersey 301

Whenever any inspection of weights and measures has been fl^i^^^ show devia- 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 ovmer thereof shall have

such weight or measure corrected or substituted for another, and

notify in writing the superintendent of such county or municipality to that effect, or shall deliver to such superintendent within

said 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.

Upon the first official inspection of any weight or measure, corrlcHoa of error if 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 foimd 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 measvue, so that it may con- form 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 tecte/ peLuy

^''^ 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

measture, and the owner thereof shall be liable to a penalty of five

dollars in addition to any other penalties and punishments herein

provided.

If any weights or measures theretofore sealed and certified as incorrectness after correct shall be found thereafter to be incorrect, the owner thereof ^^^''"s shall be liable to a penalty of ten dollars. After one year from the passage of this act it shall be unlawful l^il^ ^ year aii for any person to buy or sell goods by the use of any weight or^eigws and measures measure which has not been tested and sealed according to the

provisions of this act, under penalty of twenty-five dollars; Pro- Proviso vided, 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.

Any person who injures or defrauds another by using, or causes pe^nalty to be used, 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 sells or exposes for sale

less than the quantity he represents, is guilty of a misdemeanor.
302 Laws Concerning Weights and Measures

^e^ion of false ^ person who retains in his possession any weight or measure,

scales a misdemeanor 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 misde- meanor.

faiproW marking A pcrsou who kuowingly 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.

^irf^tion allowable ^^^e 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 The use, ownership or possession of each separate weight or

Each piece a separate .

'

. , . ^ . r , i, • • r j. iT 11 i_ vioiation mcasure m 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 Any deviations from the official standards herein prescribed,

Scale ol penalties .^^ ' . . ^ . ,

, » either m weights or measures or m 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 prescribed, and should such deviation exceed such allowable

error by more than five times such allowable error, the penalty

Penalty doubled for shall be three timcs that otherwise provided. The penalty or

second ogense . .

^ ^ ^ ^ ptmishment 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,

presince of scales ^^"^ the puTposcs of this act, proof of the existence of weights

presumption of use qj- measurcs in or about any building, inclosure, stand or vehicle

in or from which it is shown buying or selHng 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 estabhshed until

disproved beyond reasonable doubt.
New Jersey 303

Bach weight or measure used by any superintendent or assistant i^ tfauthenticity of superintendent as a standard for testing the weights and measures standards used in buying or selhng shall be stamped or marked by the superintendent of such coimty 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 with any of the standard weights and

measures deposited with any State, coimty or municipal superintendent as in this act provided, shall be presumptive evidence

that such weight or measure has continuously since the 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

county or rryanicipality, 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.

No person shall in any way or manner hinder or molest any sec. 34 , ^. ^ . J1J-1--J -Ij x • ^ j. -xJi- Penalty for hindering duly authorized superintendent or assistant superintendent inofficial the performance of the duties herein imposed upon him, under

penalty of one hundred dollars for every such offense.

No person shall refuse to exhibit any weights or measures to any |ena^,|y refusing of said superintendents or assistant superintendents for the exhibit weights, etc. purpose of being so inspected and examined, nor shall any person

refuse to admit such officer 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 meas- sefild^weights ure, 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, imder

penalty of one hundred dollars for each such offense.

Any person violating any of the provisions of this act for which General penalty a specific penalty has not been provided shall be liable to a penalty

of ten dollars. Whenever any weight or measure is sold or delivered after sale New"scales to be to any person within this State for the purpose of use in the pur- standard chase 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 knowl- faislg^aies

'""^ edge that it is to be used in weighing or measuring commodities

shall be liable to a penalty of fifty dollars.
304 Laws Concerning Weights and Measures

Disposition of penal

ties

AcHon if scale easily Whenever any superintendent shall find that a particular

arranged to defraud weight or mcasure 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.

Rerovery of penaiiies An actiou to rccovcr any penalty incurred under the provisions

of this act may be brought in the name of the State of New Jersey

by any duly appointed superintendent or assistant superintendent.

It shall be the duty of the city attorney of any mimicipality

wherein such violation shall take place, to assist in the prosecution

of the same, imless such municipahty has no municipal superintendent of weights and measures as provided for in section ten

hereof, in which case the public prosecutor of the coimty wherein

such violation shall take place, shall assist in such prosecution.

All fines or 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, imless such

penalty was incurred within a mimicipality or municipalities having a municipal superintendent as provided in said section ten, in

which case such penalty shall be paid into the treasury of such

municipality or municipalities pro rata. This act shall be deemed a public act, and shall be liberally construed. Should any section or provision thereof be held unconstitutional or invalid, it shall not be held to affect any other

section or provision hereof.

All acts or parts of acts inconsistent with provisions of this act

shall be and the same are hereby repealed, and this act, except as hereinbefore provided, shall take effect on May first, one thousand

nine hundred and eleven.

The mayors of cities and boroughs and the governing bodies of

other municipalities are hereby authorized to designate stationary

or movable scales, suitable for the purpose of weighing coal. The

owners thereof may tender the same for public use, in such con- venient parts of the municipality and in such numbers as shall be

deemed necessary, on which the coal and vehicle in which the same is carried may be weighed at the request of the purchaser of

the coal. The designation of such scales shall be in writing, and

a notice thereof shall annually be inserted in a newspaper cir- culating in the municipality. The owners of the scales so designated shall provide, at their own expense, test weights, and the

said scales shall be subject at all times to the inspection and

Sec. 40 Act how construed

Sec. 41 Repeal

Sess. Laws, 190S, ch. 259

Sec. 14 Public scales

Notice of

Test weights
New Jersey 305

supervision of the official sealer or inspector of weights and measures, if there be such in the municipality. The owner of such

scales shall employ, at his expense, a competent weigh master,

and shall be entitled to charge for weighing coal and the vehicle

containing the same a fee not exceeding twenty-five cents for

each load; provided, that empty vehicles returning to such scales

after delivery of the coal weighed therein shall be reweighed

without additional charge. The owner of scales so designated

shall enter into bond to the mimicipality in which such scales are

situated in the sum of one hundred dollars, conditioned that the

said scales shall be kept in such condition as at all times to properly register the weight of coal, and that the person weighing coal certmcata thereon shall perform his duties faithfully and furnish correct

certificates to all persons having coal or vehicles weighed at such

scales. Any owner of such scales, or any agent or representative . Penalty for traudu- of such owner, or any weigh-master employed by him, who shall

be in any manner concerned in any fraudulent weighing of coal or vehicles, at such scales, shall be liable to a penalty of fifty

dollars for each offence. Every owner of such scales shall keep Record a book in which shall be enered 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, the net weight

thereof as shown by the delivery ticket thereof, the name of the

purchaser thereof, the gross weight of the coal and vehicle, and

net weight of the coal as weighed, and the date of the weighing

thereof; such books shall be open to the inspection of the purchaser and seller of the coal. Every purchaser of coal before accepting deUvery of the same, l^rci^er may re- may require any load of said coal to be weighed at his expense ^"''^ weighed

either at scales designated under the provisions of section four

[fourteen], nearest to the point of delivery, or, if the seller so prefer,

at the public scales of the mimicipality, if such there be. Upon i*rocedure request of the said purchaser or his servant or agent, the driver

or other person in charge of any vehicle containing coal to be

delivered to said purchaser shall take the vehicle containing coal

immediately and directly to such scales, and shall there have said

vehicle and the coal contained therein weighed, and shall at the

time exhibit to the person weighing the same the delivery ticket

accompanying such load and permit a copy of said ticket to be

made, and after the delivery of the coal shall take the empty

vehicle from which the same was delivered immediately and

directly to the same scales to be weighed. A certificate of the certificate ot weigw

weight of such coal, so weighed as aforesaid, shall thereupon be

furnished to the purchaser of such coal by the person in charge

8578°—12 20
3o6 Laws Concerning Weights and Measures

to we^'^oad of the scales at which said coal is weighed. If any seller of coal

shall refuse to permit coal purchased from him to be weighed, at

the request of the purchaser or his servant or agent as herein provided, or if any driver or other person in charge of a vehicle containing coal or from which coal has been delivered, shall refuse

to take the same, at the request of the purchaser or his servant

or agent as aforesaid, immediately and directly to the scales for

the purpose of having the same weighed, or the empty vehicle

re-weighed, or if any such driver or other person in charge of a

vehicle containing coal shall fail, upon the request of the purchaser or his servant or agent as aforesaid, to go immediately

and directly to the scales for the purpose of weighing the said coal

and vehicle, and reweighing the empty vehicle, or shall refuse to

exhibit to the person weighing the same the delivery ticket or

refuse to permit a copy of said ticket to be made, the person, firm

or corporation selling the said coal shall be liable to a penalty of

fifty dollars for each offense.

How'penaiaes retov- '^^^ penalties provided by this act shall be recoverable in an

action upon contract at the suit and for the benefit of the municipality in which the said seller of coal shall have made the sale,

which action may be brought in any court having jurisdiction of

civil suits for the amount demanded.

Penalty lor falsely If ^.uy pcrsou or pcrsous, corporatiou or corporations owning or

weighing live stock, hay ]^eepijig or haviug charge of any scales or steelyards for the piu--

pose of weighing live stock, hay or grain shall knowingly and wilfully report any false or untrue weight whereby any other person

or persons, corporation or corporations may be defrauded, deceived or injured, such person or persons, upon conviction thereof,

shall be fined in any sum not exceeding fifty dollars, or be imprisoned in the coimty jail not exceeding thirty days, or both, at

the discretion of the court, and also be answerable to the party

defrauded in double damages, to be collected in an action of debt

before any court having competent jurisdiction.

R^id kept at pub- Whenever the person or persons, corporation or corporations

He scales keeping such scales or steelyards shall weigh any of the aforesaid

articles for hire or reward, he or they shall, on demand of the

party interested, report the weight of such article or articles, in

writing, to the owner thereof, and shall keep a record of the same

in a suitable book to be kept for that purpose,

standard peach T^c Standard sizc of pcach baskets shall be sixteen (i6) quarts

^^^^^^ Winchester half-bushel measure. The height of the basket shall

be twelve and one-quarter {12%) inches, the width across the top

shall be thirteen and one-half (iS/4) inches; that the inside meas- urement shall contain one thousand and seventy-five and ten oneHow marked hundredths (1075 10/100) cubic inches. Each basket shall be
New Jersey 307

marked "Standard N. J." upon the staves just below the rim

in Roman letters, which marking shall be burned on or printed

thereon with permanent red paint in a straight line. Each

of them shall not be less than one inch (i) in length, and

not less than one-half inch in width. All person or persons, diStacny mafked^^'^^*^ corporation or corporations who shall manufacture for sale, or who shall offer or expose for sale any basket to be used for shipping

or selling peaches, not standard, shall distinctly and durably

stamp, brand or mark upon such basket upon the stave just

below the rim the number of quarts such basket contains.

All person or persons, corporation or corporations who shall penauy for using

manufacture, sell or offer or expose for sale, or have in his, ^^^^^^^

properly her or their possession with intent to sell, or to use any peach

basket or baskets not stamped, branded or marked as required

thereby, shall, for every such offence, forfeit and pay a fine of not

less than twenty-five dollars and not more than fifty dollars, to be recovered, Avith costs, in any of the courts of this State having

cognizance thereof, in any action to be prosecuted by any prosecutor of the pleas in the name of the State. The one-half of such

recovery shall be paid to the informer, and the residue shall be

applied to the support of the poor in the county where such

recovery is had.

No person or corporation shall hereafter sell, offer for sale, orp^g^^- '5"' receive for the purpose of sale, any milk, skimmed milk or cream, Ifandard measure except such sale, offer or receipt for sale, shall as to quantity be'<"'saieofmiui 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.

Any cans originally containing more or less than forty quarts of Marking of miik cans 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.

Nothing in this act shall be construed as prohibiting the buying Maybesoidby

or selling of milk or cream either by weight or on the butter fat weight basis.

Any person violating any of the provisions of this act shall be ^^^^^y

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 per- son who may desire to sue therefor, who shall be designated in the

state demand and smnmons as plaintiff, and when recovery is had

such penalty shall be paid to the county collector of the county in

which the said violation occurred. * * *
3o8 Laws Concerning Weights and Measures

^^Laws, 1900. ch 29, p. Every lot or parcel of concentrated commercial feeding stuff,

u , ^ as defined in section two of this act, used for feedinor domestic Weight to be marked , ' ^

on packages of iaeding animals, sold, offered or exposed for sale within this stat2, shall

have affixed thereto, in a conspicuous place on the outside thereof, a legible and plainly printed statement, clearly and truly certifying the number of net poimds of feeding stuff contained therein,

the name, brand or trade mark imder which the article is sold, the

name and address of the manufacttuer or importer. * * *

Penl\ty Each and every manufacturer, importer, agent or person sell- ing, offering or exposing for sale in this state any concentrated

commercial feeding stuff, as defined in section two of this act,

without the statement required by section one of this act, * * *. shall be fined not exceeding one himdred dollars for the first offense,

and not exceeding two hundred dollars for each subsequent offense.

^^Laws, 1896, ch. 17S, p. That hereafter all bread sold in this state shaU be sold by weight,

l^*"- 1, . ^ ,^ ^ and the weight of all loaves of bread offered for sale shall be speciBread to be sold by^,,.,, weight fied by the baker or dealer to the consumer, if said consumer re- quire it; all bread sold shall be free from all impure or foreign substances or any material injurious to health.

Il^jj^^jjy Any person off'ending against the provisions of this act by refusing to specify the weight when so required, or by falsely specifying

said weight intentionally or by wilfully inserting in bread made or

sold by him any impinre or foreign substance or material injurious

to health, shaU, 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. Any offenses imder this act shall be

cognizable in cities before recorders or police magistrates ex- clusively where there are such magistrates, and in towns, cities

and other places where there is no such magistrate, before a justice

of the peace.

^i^ws,i907,ch.2i7.p. * * * pQj- ^Y^Q purposes of this act an article shall also be

^ ^ ^ deemed to be misbranded * * *

Misbranded roods , <• r 1 -1- . • In the case of food:

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.
NEW MEXICO

Sec. 4185 Standards adopted

Sec. 4186 Buying and selling

Sec. 4187 Application

The weights and measures, as adopted by the United States ^comp.^^ Laws, government, and at present in use for the purposes of said gov- ^036

'

emment, be and the same are hereby adopted and established as the legal weights and measures of the Territory of New Mexico.

All persons purchasing or selling with or by any other weights

and measures than such as have been approved and sealed, as by

this act required, shall be deemed guilty of a misdemeanor, and

shall be fined, on conviction, in a sum not less than twenty dollars, nor more than one hundred dollars.

The inhabitants of each coimty, shall apply to the probate judge

thereof, within the term of thirty days from the publication of the provaT notice for such purpose, to cause a comparison of their weights

and measures, and for the judge of probate to give them his approval in the comparison, and in addition to the general seal, he

shall place thereon the pecuhar one of the county.

The secretary, for the comparisons, approved with the seal,

which he may prepare for each county, as also the judges of probate for those which they prepare in their respective cotinties,

shall receive twenty-five cents, for each measure from the person

who wishes such comparison.

Any judge of probate who shall alter the measures, and approve

the same, for any person who may solicit it, shall be punished by

a fine of not less than fifty dollars, nor more than two hundred

dollars, which shall be placed in the county treasury, if they be

convicted and sentenced in the district court. That the secretary of the Territory of New Mexico be and he is hereby required to proctue as soon as possible from the proper

department of the Federal Government, the necessary standard

of weights and measures for this territory, which shall be deposited

in his office for the greater security thereof.

As soon as said standards of weights and measures shall be

provided and deposited in the manner required in the foregoing

section, each probate judge, in order to provide for their respective coimties, on receiving information that the said standard has

been received and deposited as aforesaid, shall apply in person, or

309

for ap

Sec. 4188 Fees

Sec. 4189

Alteration

(1867)

Sec. 4190 Secretary to procure

Sec. 4191 County standards
Laws Concerning Weights and Measures

through some person in whom he has confidence, to the secretary

of the territory, in order that the said secretary furnish him with

exact weights and m-easiures as deposited in the said office of the

said secretary ; and said comparison of said standards shall be the

model for weights and measures in the respective counties; and

every two years thereafter the judges of probate shall cause a comparison to be made with the said standard of weights and

measures deposited with the secretary of the territory.

Ej^ense of standards The Secretary of the territory shall provide and deposit in his

office, the standard mentioned in section 4190, at the expense of

the territory; and in order to provide therefor, on presentation

of the account for transportation and other expenses in obtaining

said standards as made by the said secretary, the auditor of

public accounts of this territory shall draw a warrant on the

territorial treasury for the amoimt of the account thus presented,

and the treasurer shall pay the same out of any funds in his

hands belonging to the said territory: Provided, That the said

accoimt shall not exceed the stun of fifty dollars.

^eSs'e of compari- The judgcs of probatc of this territory shall obtain a comparison to be paid by county gon with the standard that has been deposited in the office of

secretary of the territory, at the expense of their respective

coimties.

YMd^substituted for The Vara measure is hereby suppressed, substituting in lieu TM" thereof as the legal measure in this territory, the yard, this being

the measure generally approved in the United States.

Enfoicement; duty of The probate judges of the different counties, of which this ter- ritory is composed, are hereby required to enforce compliance

with the law relative to weights and measures, by requiring the same to be presented to said judge annually for his comparison

and approval: Provided, That any person who shall fail to

comply with said duty shall be liable to suffer the penalty imposed by law for such violation.

Penalty^ -Ally probatc judge who shall fail to comply with the duties

herein specified, on conviction thereof before the district court,

shall suffer a fine for such omission in any sum not less than two

hundred, nor more than five himdred dollars.

comp. Laws, 1897. Any pcrsou or persons who shall, with malice and to the injury

Vol. I, Utle 8, ch. 5, p. J. ^1 ^ , ,^ • 1- 1 1 J ^11 1 • t./

399-400 of the people or to any mdividual, alter or reduce the legal weights

Sec. 1391 and measures, regulated according to the standard established in

and^mlasur'If '^^'^'''Hhis territory, sections four thousand one hundred and eight-five

to four thousand one himdred and ninety-six, use any false measures, on conviction thereof before the court of a justice of the

peace, or upon indictment before the district cotut, shall be tried

and sentenced as is provided by said sections.
New Mexico 311

The following rule and method of measuring loose hay in the^j^^"^' i9°i. ch. 34, p. stack, and specifying the cubical contents of a ton of loose hay, |u,e%stabnshed tor is hereby established. measuring hay Measure the stack for length, width, and the "over," to get tV '' . , .

,

. 1.°'.', ' ,° Measunng a stack of 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 foru". 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 °* ^"^^^

. .

' -' stacked twenty days days, divide cubical contents by 512, for more than 20 and l^ss |pd jor^ tay stacked 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 1 5 days.

Multiply 17 by 36 equals 612.

Divide 612 by 4 equals 153.

Multiply 153 by length 58 equals 8874 which gives the cubical

contents in feet. Divide 8874 by 512 equals 17^ tons in stack.

There is hereby created in each of the several counties of the pp^^^j^^'*'' ^* Territory of New Mexico, now existing or which may hereafter be i^gjii^ o^^g i„. created, the ofiQce of Inspector of Weights and Measures. specter of weights and

^ measures The Board of county commissioners in each of the several ^,^1 of county com- counties of the Territory of New Mexico are hereby authorized

and empowered to appoint in their respective counties an Inspector

of Weights and Measures. The first appointment under this Act

shall be made by the several boards of county commissioners

immediately after the passage of this Act and said officer so appointed shall hold his office for the term ending the first Monday in January, 1909, or until his successor is duly appointed and

quaHfied, unless sooner removed for cause by said Board.

The Secretary of the Territory is hereby authorized and clirected^^seCTe^^of^Temto purchase through the National Bureau of Standards as soon as

"^^ ° ' ^

^

possible after the passage of this act, a complete set of standards

of weights and measures duly tested and certified to by said

bureau, which set of standards shall be kept in the office of the

secretary at the territorial capitol.

There is hereby appropriated out of any funds in the territorial Appn^mation for treasury, except the interest fund, the sum of five hundred

($500.00) dollars for the purchase of said set of standards, which

shall be paid upon warrant drawn by the territorial auditor supported by certified voucher of the Secretary of the Territory.

The Board of County Commissioners of each county in this

Territory is hereby authorized and directed to purchase as soon
312 Laws Concerning Weights and Measures

Duties oi injector

Sec. 4 Dealer

weight ticketmost give

as possible after the passage of this act, through the Secretary

of this Territory, a complete set of standards for the use of the

Inspector of Weights and Measures for such county, which set of

standards shall conform as to accuracy with the territorial set of

standards in the office of the Secretary of the Territory.

It shall be the duty of the inspector of weights and measures,

appointed under the provisions of the preceding section, before

entering upon the discharge of his duties to take an oath as prescribed by law and furnish bond in the sum of one thousand dollars

($1,000.00), signed by two or more good and sufficient sureties, or by some bonding company authorized to do business in the

territory of New Mexico, to be approved by the board of county

commissioners and to be conditioned for the faithful discharge of

his duties. Aft^er taking the oath of office and furnishing bond

as herein required, it shall be the duty of said inspector at intervals not less than five nor more than seven months apart to

examine and test the accuracy of all weights, measures, scales and

other devices used for weighing or measuring any article for sale

which may be used in such a manner that the accuracy of them

may be of pecuniary interest to any citizen other than the owner

or user thereof ; to stamp with a suitable seal to be prescribed by

the board of county commissioners, each measure, scale, or other

device for measurement or weight, which he may find to conform

or which shall be made to conform to the standard prescribed by

the laws of the United States and of this Territory, and deliver

to the owner thereof a certificate of the accuracy thereof ; to seize

in the name of the Territory all false weights, measures, scales, or other devices for measurement or weight, which he may find

and which the owner shall refuse to have immediately made to conform to said laws; and he shall keep a record of all scales,

measures, or other such devices inspected by him, specifying date,

place of inspection and the name or names of the person or per-

;Sons for whom the inspection was made, and shall report his findings under oath to the board of coimty commissioners at the session

next succeeding any tour of inspection.

It shall not be lawful for any licensed dealer to sell or deliver

any hay, coal, coke, charcoal, fire wood or other fuel, unless the

delivery of such article or articles shall be accompanied by a

delivery ticket, signed by the person, firm or corporation selling

said hay or fuel, stating in tons, fractional parts thereof or pounds

avoirdupois the weight thereof in the vehicle used for said delivery, unless it be wood, when the quantity shall be expressed in

cords or fractional parts thereof. Said ticket shall also state the

name of the seller and purchaser, and said ticket shall be delivered to the purchaser of any such article by the seller in all sales
New Mexico 313

of the same and at the time of delivery ; and any such dealer who

shall knowingly violate the foregoing provisions of this Section or who shall knowingly sell, deliver, or attempt to sell or deliver any

short, false or fraudulent weight or measure of any of the articles

hereinbefore mentioned, shall be guilty of a misdemeanor, and upon

conviction thereof shall be punished by a fine of not less than

twenty-five ($25.00) dollars nor more than one hundred ($100.00)

dollars, and upon second conviction for a like offense his license

shall be revoked and no license shall be granted to such dealer to engage in the same business or occupation for a period of one year

thereafter.

The salary of such Inspector of Weights and Measures shall be f^^^^ „f inspectors one hundred ($100.00) dollars per annum, payable semi-annually

out of the current expense fund of the county wherein he is appointed, and he shall be allowed in addition to such salary the

sum of fifty ($50.00) dollars for traveling expenses for each trip of

inspection, and he shall collect in the name of the Territory from

each person, partnership or corporation, the sum of fifty cents (50c)

for each and every scale of every kind or character examined,

tested and sealed by him, and the sum of twenty-five cents (25c)

for each and every measure tested by him, and shall after each

trip of inspection, make under oath an itemized statement of all such moneys so collected by him, which money shall be paid over by such inspector to the county treasurer of said county, and

placed to the credit of the current expense fund, but no inspector

shall receive any compensation other than the salary hereinbefore

provided, and the fifty ($50.00) dollars traveling expenses for

making each trip of inspection.

Any person who sells or offers for sale any commodity w^hat- le^na^Kies ^r vioia- soever, by any false weight or measure, not corresponding with t'ons of this act the weights and measures adopted by the United States government and in use by such government, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine

of not less than twenty-five ($25.00) dollars nor more than one hundred ($100.00) dollars; and upon a second conviction for a

like offense, any license under which he may be doing busines

shall be revoked, and no license shall be granted to such person to

engage in the same business or occupation for a period of one year

thereafter. Such person shall also forfeit to any person injured

by the commission of such offense the sum of twenty-five ($25.00)

dollars to be recovered in a civil action, either before or after conviction.

The office of Inspector of Weights and Measures may be created cities and towns may by any incorporated city, town or village, under this act, by ordi- ''^p^jf/Pjo nance, and his duties, fees, and emoluments fixed by said ordi-
314 Laws Concerning Weights and Measures

nance. Such ordinance shall otherwise conform to the provisions

of this act. AAHtienever such office is so created by any municipality, the duties of the Inspector of Weights and Measures

appointed by the board of county commissioners shall be confined to the parts of the county outside of the city, town or village

creating such office by such ordinance.

Sec. 8 All acts and parts of acts in conflict herewith are hereby

repealed, and this act shall take effect and be in force from and

after the date of its passage.

{issg) That the owner or agent of each coal mine within this territory,

^comp. Laws, 1897, p. a,t which the miners are paid by weight, shall provide at or near

ownere of coal mines s^c^ miuc suitablc scalcs of Standard make for the weighing of all

to provide scales COal mined.

weighmaster to be "^^^ owucr or agcut of such mine shall require the person authorswom as to duties Jzed 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 account 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.

Sec. 23S2 In all coal mines in this territory the miners employed and

Miners may have . j. .1 j_ ^ t• \ ^ competent check weigh- workmg thercm may lumish 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 measmres and weights of coal mined and accounts kept of the same: Provided, That no more than one person on behalf of the miners col- lectively 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 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 check-weighman. Such oaths shall be kept conspicuously

posted at the place of weighing,

ustal^of fraudulent pcrsou, compauy or firm having or using any scale or scales for

scales or conniving at the purposc of Weighing the output of coal at mines so arranged or

meaner 'constructed that fraudulent weighing maybe 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 act, or any weighman or check-weighman

who shall fraudulently weigh or record the weights of such coal, or
New Mexico 315

receive at or connive at, or consent to such fraudulent weighing,

shall be deemed guilty of a misdemeanor, and shall upon convic- Penaitr tion for each such offense be punished by a fine of not less than

two himdred dollars ($200), nor more than five hundred dollars

($500), 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.

Any person, owner or agent operating a coal mine in this terri- lauuretl) comply witu tory who shall fail to comply with the provisions of this act, or p"TM'"'

who shall obstruct or hinder the carrying out of its requirements

shall be fined for the first offense not less than fifty dollars ($50) , penalty nor more than two hundred dollars ($200) ; for the second offense

not less than two hundred dollars ($200) , nor more than five hundred dollars ($500), and for the third offense not less than five

himdred dollars ($500) : Provided, That the provisions of this act

shall apply only to coal mines whose products are shipped by rail and shall not apply to mines where suitable scales of standard

make fxmiished by any raihoad or transportation company or through which the coal is shipped are used for weighing.

Note;.—The above chapter of the session acts has the following

note: Above act, though regularly passed and approved, has no

enacting clause.

NEW YORK

This chapter shall be known as the "General Business Law." con. Laws-generai

The standard weights and measures that were furnished to this ^^^^ j'^'^'n

°' state by the government of the United States, in accordance with

|gj;^f(i(,g a joint resolution of congress, approved June fomrteenth, eighteen Sec. 2, art. 2, as hundred and thirty-six, and consisting of one standard yard mCS-S" and 470, Laws, igro ure and one set of standard weights, comprising one Troy povmd, and m^ures"*'^*'^'^'^ 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 oimces

to the one ten-thousandth of an ounce; one set of standard Hquid

capacity measiires, consisting of one wine gallon of two himdred

and thirty-one cubic inches, one-half gallon, one quart, one pint

and one-half pint measure; and one standard half hushel, containing one thousand and seventy-five cubic inches and twenty

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 weights, 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 standard of weights and measiires

throughout this state. The imits or standard measures of length and surface, from j^^?. as amended by

which all other measures of extension, whether lineal, superficial xhe'^u of length 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 sixty yards. The chain for measuring land is twenty-two yards long and is divided into one himdred equal parts called finks. 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 breadth;

six himdred and forty acres being contained in a square mile.

317
318 Lai£s Concerning Weights and Measures

Sec. 5 Units •! capacity

j^s'^j^o^^^^^^ '^^^ units or standards of weight from which all other weights

uni'ts oi weight shall be derived and ascertained, shall be the standard weights

designated in this article. The htmdred-weight consists of one hundred avoirdupois poimds 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. The imits or standards of measure of capacity for Hquids 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 Uquid 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 for measuring commodities which

are not Uquids shall be derived from the half bushel by successively dividing that measure by two. The standard of measure for

buying and selhng strawberries, raspberries, blackberries, currants,

gooseberries, plums, cherries, cranberries and other small fruits

shall be the quart, which shall contain when even full sixty- seven and two-tenths cubic inches; the pint, which when even

full shall contain thirty-three and six-tenths cubic inches; the

half pint, which when even full shall contain sixteen and eighttenths cubic inches; multiples of the quart, which when even full shall contain like multiples of sixty-seven and two-tenths cubic

inches.

b/iiwf'isfo

^^^^^^^ Bottles used for the sale of milk and cream shall be of the ca- ^Bott^r jars lor milk pacity of half gallou, three pints, one quart, one pint, half pint

and one gill, filled full to the bottom of the cap ring or stopple.

The folloAving 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 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 state superintendent of weights and measures upon apphcation 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.
New York 319

Any manufacturers who sell milk and cream bottles to be used by^law^'isio

^^^"^^^ in this state that do not comply as to size and marking mth the

provisions of section five-a shall suffer a penalty of five himdred

dollars, to be recovered by the attorney-general in an action to be brought in the name of the people of the state of New York.

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 section five-a as to marking and capacity

shall be deemed guilty of giving false or insufficient measure. The measure of capacity for all commodities commonly sold by Heapmeasure

heap measure shall be the half bushel and its multiples and subdivisions. The measures used to measure such commodities shall

be cylindrical, with plain and even bottom, and of the diameter

of nineteen and one-half inches from outside to outside if a bushel;

fifteen and one-half inches if a half bushel, and twelve and onethird inches if a peck.

All commodities sold by heap measure shall be duly heaped up

in the form of a cone, the outside of the measure to be the limit of

the base of the cone, and the cone to be as high as the commodities

will admit.

The standard measiu-e of capacity for bran and shorts shall be sec. 7

. . Measure for bran forty quarts to the bushel. The measure used for measiu"mg and shorts such commodities shall be round, with a plain or even bottom,

and it shall be thirteen and one-half inches in diameter in the

clear at the top, and fifteen inches and one-half in diameter in the

clear at the bottom, and of sufficient depth to contain such number of quarts, when stricken with a roimd, straight stick or roller of uniform diameter.

Whenever any commodity specified in this section is sold by tf^; i,^^TM^'"^''^

the bushel, and no special agreement is made by the parties as to thfbShli

°* ^^^^ '° the mode of measining, the bushel shall consist of seventy poiuids

of Hme or coarse salt; sixty pounds of wheat, peas, potatoes,

clover-seed or beans; fifty-seven pounds of onions; fifty-six

pounds of Indian com, rye or fine salt; fifty-five pounds of flax- seed; fifty-four pounds of sweet potatoes; fifty pounds of com

meal, rye meal or carrots; forty-eight pounds of barley, apples

or buckwheat; forty-five pounds of herds-grass, timothy seed or rough rice; forty-four pounds of Sea island cotton seed; thirtythree pounds of dried peaches; thirty-two pounds of oats; thirty

poimds 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.

A barrel of pears, quinces or potatoes shall represent a quantity sec. 9 equal to one hundred quarts of grain or dry meastue. A barrel quinces, pears, and po- of apples shall be of the following dimensions: head diameter, '^"^
320 Laws Concerning Weights and Measures

seventeen and one-eighth inches; length of stave, twenty-eight

and one-half inches; bulge, not less than sixty-four inches outside

measurement, to be known as the standard apple barrel. Or

where the barrel shall be made straight or without a bulge, it shall contain the same number of cubic inches as the standard

apple barrel. Every person buying or selling apples, pears,

quinces or potatoes in this state by the barrel, shall be imderstood

as referring to the quantity or size of the barrel, specified in this

section, but when potatoes are sold by weight, the quantity constituting a barrel shall be one hundred and seventy-four pounds.

No person shall make, or cause to be made, barrels holding less than the quantity herein specified, knowing or having reason to believe that the same are to be used for the sale of apples, quinces,

pears or potatoes, tmless such barrel is plainly marked on the outside thereof with the words "short barrel" in letters of not less than one inch in height. No person in this state shall use barrels

hereafter made for the sale of such articles of a size less than the

size specified in this section. Kvery person violating any provision of this section shall forfeit to the people of this state a sum of five dollars for every barrel put up or made or used in

violation of such provision.^

co^i^ction of con- contracts made within the state for work to be done, or

^^'^^ for the sale or deHvery of personal property, by weight or measvure,

shall be taken and construed according to the standards of weights

and measures adopted in this article,

by liws.'i^o^TMTM'^^'^ '^^^ state superintendent of weights and measures shall take

inSndent"* of'Velghts '^^^'^S^ Standards adopted by this article as the standards

and measures of tlic statc ; causc 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 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 correct the standards of the several cities and cotmties and, as often as once in five years, compare the same with those in his possession,

and where not otherwise provided by law he shall have a general

supervision of the weights, meastues and measuring and weighing

devices of the state, and in use in the state. He shall upon the

written request of any citizen, firm, corporation or educational

institution of the state, test or caUbrate weights, measures, weighing or measuring devices and instruments or apparatus used as

• The attorney general of New York has rendered an opinion to the effect that section 263 of the agri- cultural law repeals section 9 of the general business law so far as the matter relates to barrels for apples, pears and quinces, but the section of the general business law controls so far as regards barrels of potatoes. In consequence of this opinion the state superintendent of weights and measures has issued instruc- tions to the effect jthat a sealer of weights and measures has nothing to do with barrels for apples, pears and quinces, but is only concerned with barrels used for potatoes, which barrels should be loo-quart barrels.
New York

standards in the state. He, or his deputies or inspectors by his

direction, shall at least once annually test all scales, weights

and measinres used in checking the receipt or disbursement of

supplies in every institution under the jurisdiction of the fiscal supervisor of state charities and he shall report in writing his

findings to said fiscal supervisor and to the executive officer of

the institution concerned; and at the request of said officers the

superintendent of weights and measures 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 supphes. 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 successor in

office. He shall annually diuring the first two weeks of January

make to the legislature a report of the work done by his office. The state superintendent, or his deputies or inspectors by his

direction, shall inspect all standards used by the coimties or cities

at lea,st once in two years and shall keep a record of the same. He, or his deputies or inspectors at his direction, shall at least once in two 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 or measuring appliances of any

person, firm or corporation.

The state shall have a complete set of copies of the original ^^^^ ^ standard standards of weights and measures adopted by this article, which weights and nieasures shall be used for adjusting county standards, and the original

standards shall not be used except for the adjustment of this set of copies and for scientific purposes.

The state superintendent of weights and measures shall see that the foregoing provisions of this section are compHed 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.

There shall be a county sealer of weights and measures in eachj^sec^^i3.^as^amended

county, who shall be appointed by the board of supervisors and county' seaier; duties hold office during the pleasure of such board. He shall be paid a supervisors 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. Where not otherwise provided by law, the

8578°—12 21
322 Laws Concerning Weights and Measures

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, articles for distribution or consumption offered or submitted by such person or persons for sale, for hire

^_^seniiaimuai inspec- 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 coimty are correct. He may for the purposes above mentioned, and in the general performance of his offi- cial duties, enter or go into or upon and without formal warrant,

any stand, place, building or premises or may stop any vender,

peddler, junk dealer, coal wagon, ice wagon or any dealer whatsoever, for the purposes of making the proper tests. Whenever

the county sealer finds a violation of the statutes relating to weights

and measures he shall cause the violator to be prosecuted. The

Record couuty scalcr shall keep a complete record of the work done by

Report 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 state superintendent of weights and measures. 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 appli- ances 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. 14, as amended Thcrc shall bc 2L citv scalcr of weights and measures to be

by Laws, 1910 .111 • ^ t iri m

cit>' sealer appointed by the mayor with the approval oi the common council

of each city. He shall be paid a salary to be fixed and determined

by the board or body authorized to determine salaries of city offi- cials, 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 perform in his city the duties of

and have like powers as a coimty sealer in a county. This section

shall not apply to the city of New York,

by Lawl' ^ Whenever the sealer of a city or county compares weights and

Weights meas- measures and finds that they correspond or causes them to corures e sea e rcspoud with the standards in his possession, he shall seal and mark

such weights and measures with the appropriate devices.

(iqoq) All wheat flour, rye flour, Indian meal or buckwheat meal manuart.T,' factured in this state for exportation shall be packed in good strong
New York 323

casks made of seasoned oak or other sufficient timber, and hooped HoVpacked

with at least ten hoops, three of which shall be on each chime,

and properly nailed.

The casks shall be of two sizes only. One size shall contain If^e^fcasts one hmidred and ninety-six pounds of flour or meal, with staves

twenty-seven inches long and each head sixteen and one half

inches in diameter; and the other size shall contain ninety-eight

poimds, with staves twenty-two inches long and each head fourteen inches in diameter, or with staves twenty-seven inches long

and each head not more than twelve inches in diameter. But

Indian meal may likewise be packed in hogsheads which shall contain eight hundred poimds.

The casks shall be made as nearly straight as may be, and their |^oV"ask3 shaii be tare shall be marked on the head with a marking iron; they shall marked and branded be branded with the weight of the flour and meal contained

therein, and branded or painted with the initial letter of the

christian name and the surname at full length of the manufacturer thereof; except hogsheads of Indian meal, on which the

weight only shall be branded.

Every such cask of wheat flour shall also be branded as follows : cask"if wheat flour. If of a very superior quality, "extra superfine"; if of a quality ^^owra^^e"* now branded " superfine," with the wprd " superfine " ; if of a third

quality, "fine"; if of a fom-th quality, "fine middlings"; if of a

fifth quality, "middlings"; if of a sixth quality, "ship stuffs." Each cask of rye flour intended for the first quality shall be casks'^^of rye fiour, branded with the words "superfine rye flom," and each cask ""^ ''landed intended for the second quality, with the words "fine rye flour."

Each cask of Indian meal shall be branded with the words cask"^of meai, how "Indian meal"; and each cask of buckwheat meal, with the'"^anded letter and the word " B meal."

A person shall not knowingly offer for sale any cask of flour or

against meal upon which the tare is undermarked, or in which there is a wrong marking less quantity of meal than is branded thereupon. A manufacturer

of flour or meal shall not imdermark the tare of any cask, or put

therein a less quantity of meal than is branded thereupon; but

if the light weight of any such cask has been occasioned by some

accident unknown to the manufacturer, and which happened

after the packing of the cask, it shall not be deemed a violation of

this section.

A person violating any provision of this section shall forfeit to Penalty the people of the state the sum of five dollars for every, such

violation.

No person shall alter or counterfeit any brand marks, whether counterfeiting marks state or private, made under the provisions of this article, or put prohibited ^TM^^ any flour or meal in any empty cask previously used and branded,
324 Laws Concerning Weights and Measures

and offer the same for sale in such cask without first cutting out

the brands.

Penalty ^ pcrson violating the provisions of this section in regard to

altering or counterfeiting any brand marks shall forfeit to the

people of the state the sum of one himdred dollars for each such

violation, and a person violating any other provision of this sec- tion shall forfeit to the people of the state the sum of five dollars

for each such violation.

Prohibition agamst persou shall knowiugly offer for sale as good wheat flour, any

the sale of mixed flour flour wliich Contains a mixture of Indian meal, or any other mixtures, or any unsoimd flour. A person violating this section shall

forfeit to the people of the state the sum of five dollars for each

such violation.

Prohibuiou against No persou having charge of any vessel shall transport, into the

dianmeTon deck"' city of Ncw York, any Indian meal upon the deck of any vessel.

Penalty Kvcry pcrsou violating this section shall forfeit to the people of

the state twenty cents for every barrel and eighty cents for every

hogshead transported in violation of this section.

Con. i'^wt! ch. 20, barrels in which any pork or beef is repacked, shall be of

'"^sec'^jo

' good, seasoned white oak or white ash staves and heading, free

Beef and pork from cvcry dcfcct ; and each barrel shall contain two hundred

Barrels and tierces, , - , . , how made pouuds of beef or pork.

The barrel shall measure seventeen and one-half inches between

the chimes, and be twenty-eight inches long, and hooped with

twelve good, hickory, white oak or other substantial hoops. If made of ash staves, it shall be hooped with at least fourteen hoops.

The staves and heads shall be of good thick stuff, the heads not

less than three-quarters of an inch thick; and each stave, on each

edge, at the bilge, shall not be less than one-half an inch thick,

when finished. The hoops shall be well set and driven, and the

barrels branded on the bilge with at least the initial letters of the

cooper's name. The half barrel shall contain not less than fifteen, nor more than sixteen gallons, and be made in proportion to and

of like materials as a whole barrel, and shall contain one-half of

the quantity of beef or pork of the whole barrel.

The tierce shall be made in proportion to and of like materials

as a barrel, and shall contain three htmdred pounds of beef or pork.

B^lis In sufioik, All beef and pork which is repacked in and exported from the

Kings. Queens, and cQuntics of Suflolk, Kiugs, Qucens and Nassau, may be packed in

Nassau Counties ,' . ^° ' barrels as nearly straight as may ,be, madeir

of good,i seasoned11red

oak staves and heading of the growth of such cotmties respectively, free from sap and every defect and made otherwise as above directed. ^^t..

Qi^aimesoipork Evcry barrel of pork shall be branded on one of its heads by its name, and contain either "mess pork," "prime pork or "cargo
New York 325

pork." " Mess pork " consists of the sides of good, fat hogs, exclusive of all other pieces. "Prime pork" is pork of which there is in a barrel not more than three shoulders, the legs being cut off at

the knee joint, not more than tM^enty-four pounds of heads which

have the ears and snouts cut off, the snouts cut off to the opening

of the jaws, and the brains and bloody grizzle taken out of the

heads; and the rest made up of side pieces, neck and tail pieces.

"Cargo pork" is pork of which there is not in a barrel more than

thirty pounds of head and four shoulders, and it shall be otherwise

merchantable pork. "Side pork" so repacked, shall be cut from

the back bone to the bell}^ in pieces about five inches wide, and

which in weight are not under four pounds ; otherwise, the barrels

containing the same shall not be branded merchantable pork.

Every person putting up hops for sale or exportation shall mark ^909) or stamp on each bale or other package containing the same, in a a^-^'s

^ ^ legible manner, the initial letter of his christian name, and his saies^oi hops to be marked 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.

A person violating this section shall forfeit to the people of the

state the sum of five dollars for each such violation. penalty No person shall intermix with any hops any foreign or improper l^^'^^ffli^jj^^ j^^pg substance, or in any manner adulterate their quality. prohibited; counterieit- No person shall counterfeit the marks on any bale or package

"^"^^

of hops, or empty any bale or package of hops so marked, for the

purpose of putting therein other hops for sale or exportation,

without first erasing such marks.

A person violating any provision of this section shall forfeit to the people of the state the sum of one hundred dollars for each Penalty such violation.

A bale of hops sold in this state shall not weigh less than one ftandard weight of htmdred and seventy-five nor more than two hundred and ten jjj'p.g^^aies and tare potmds. The tare to be deducted is five potmds. 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. Every person who puts up and presses any bundle of hay for la'ies^of hay to be market shall mark or brand, in a legible manner, the initials of marked his name or the initial letter of his christian name and his sur- name at full length, and the name of the town in which he resides, on some board or wood attached to such bundle of hay. Such

hay may be sold with or without deduction for tare, and by the

weight as marked, or any other standard weight as agreed between seller and buyer.
326 Laws Concerning Weights and Measures

A person violating this section shall forfeit to the people of the

state the sum of five dollars for each such violation.

Itohibttioii against pcrsou shall put or conceal in any such bundle of hay any

the adulteration of hay or damaged hay, or other materials, or hay of any inferior

quality to that which plainly appears upon the outside of such

bundle.

^^"^^'5' A person violating this section shall forfeit to the people of the

state the sum of five dollars for each such violation.

Weight to be marked ^he 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 so sold or offered

for sale with more than twenty pounds of wood to the bale, the

weight of which is two hundred pounds or upward, or more than

ten pounds of wood for bales weighing less than two himdred

pounds.

A person violating any provision of this section shall forfeit to

the people of the state the sum of five dollars for each such

violation.

I^ws. 1911. ch. 82s Chapter twenty-five of the laws of nineteen hundred and nine,

Amendment entitled "An act relating to general business, constituting chapter twenty of the consolidated laws," is hereby amended by inserting therein a new article to be article twenty-five-a, to read as

follows

:

con-L^wsVloi. 2,ch. Coal, coke and charcoal shall be sold by weight except as here-

"""sec'sss* inafter provided. A person, firm or corporation shall not attempt

Coal, coke, and char- to scll or dclivcr Icss than two thousand pounds by weight to the

coal to be sold by weight , ^ , , 1 , ^ . - . ton of coal, coke or charcoal, or a proper proportion thereof m

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.

Deuven' tickets pcrsou, fii'm 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 con- tained 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.
New York 327

The preceding section shall not apply to coal delivered by the Irovuo^ as to delivery entire cargo direct from the vessel containing the same to one "[e^^'re cargo or canoad 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 distinctly

expressed the date and place of loading such cargo or car and

the number of pounds contained therein.

Baskets or bags used for the delivery of coal, coke or charcoal, |?<^- 386.

1

• 111 • t ! 11 t Sizes 01 markings of shall be of such capacity as to hold stricken full approximately one ^ags and baskets 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 soUd roman capital letters at least three inches in height. When

the coal, coke or charcoal is sold in quantities less than one htmdred pounds in baskets or bags or pails, the provisions of section

three hundred and eighty-four shall not apply, but such baskets,

bags or pails shall have the weight of the contents plainly marked

on the outside side 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 dry measure, and in

such cases the bag, basket or pail shall have plainly marked on the

outside side thereof the capacity in terms of standard dry measure

in soUd roman capital letters at least one inch in height.

A weights and measures official of the state, of the city or of the sec. 387 y-^pi 1 1 1 IP How coal, coke, or county who nnds any quantity 01 coke, coal or charcoal ready for charcoal may be re- 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 carried and shall direct said person to return to such scales forthwith upon unloading the goods, and upon such

return the official shall reweigh 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.

No seller of coal, coke or charcoal shall refuse to permit a weights lluefshaii not refuse and measures official to weigh the coal, coke or charcoal purchased to anow coai, coke, or from him to be reweighed at the request of the ptuchaser or at the weighed " ^
328 Laws Concerning Weights and Measures

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 the

weights and meastnes 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.

penaMfes A violator of any of the preceding sections shall be guilty of a misdemeanor and shall upon conviction be liable to a fine of not

over fifty dollars for the first offense and not over one hundred

dollars or two months' imprisonment, or both, for the second and

each subsequent offense.

Application oi article This article shall not apply to the city of New York.

Laws, 1911, «h. 825 Sections one hundred and fifty to one hundred and sixty, both

R?^ai inclusive, of chapter twenty-six of the laws of nineteen hundred

and nine, entitled "An act in relation to cities, constituting chapter

twenty-one of the consolidated laws," are hereby repealed.

f^efiect This act shall take effect September first, nineteen htmdred and

eleven.

(igogy No packer of or dealer in hermetically sealed, canned or preCon. Laws, eh. 20, . -

, , . ^

art. 26 served frmts, vegetables or other articles of food withm this state.

Marking e a n n e d cxccptiug cauucd or condcnscd milk or cream, shall sell or offer

^"^^ the same for sale for consumption within this state, unless the cans

or jars containing the same shall have plainly printed upon a label

thereupon, with a mark or term clearly indicating the grade tpr quality of the articles contained therein, the name, address and

place of business of the person or corporation canning or packing

them, or the name of the wholesale dealer in the state selUng or

offering the same for sale, and the name of the state, county

and city, town or village where packed, preceded by the words

"packed at."

If containing soaked goods or goods put up from products dried

or cured before canning, there shall also be printed upon the face

of such label in good legible type, one-half of an inch in height and

three-eighths of an inch in width, the word "soaked."

Goods imported from foreign cormtries of foreign manufacture

shall not be subject to the provisions of this section.

Penalty ^uy pcrsou violating any of the provisions of this section shall

forfeit to the city, village, or town where the violation occurs, the

sum of fifty dollars, if a retail dealer, and the sum of five hundred

dollars, if a wholesale dealer or packer.

Sec. 391, as amended persou iu this statc who sclls or offers for sale fruit packages

Dy Laws, 1909 ^jt ^ _ r* -t * Penalties for market- that are of Icss than the standard sizes and capacity as defined m ing small fruits or bas- , ---^i"'... . , kets or selling fruuscction fivc, or any pcrsou who sells or offers for sale frmt m pack- ^^^^ ages that are of less size or capacity than those defined in section
New York 329

Sec. 393 Marking ginseng

five, shall be deemed guilty of a misdemeanor and upon conviction

thereof in any court of competent jurisdiction shall be fined not

less than five dollars and not more than twenty-five dollars, for

each violation and each sale shall constitute a separate violation,

but a variation of not more than seven per centum shall not be

deemed a violation under this section.

A person, firm or association who purchases fruit or farm prod- R/p^'c'^j^g ^^^^ uce in barrels, boxes or other packages, and empties, or causes to 'arm produce be emptied, such barrels, boxes or other packages, and repacks, or causes to be repacked therein the same or other fruit or farm produce, shall, before any such repacked barrel, box or other package

is sold, or offered or exposed for sale, erase or otherwise obliterate

the name of the grower or producer, if found thereon. Every such Penalty person, firm or association selling, or offering or exposing for sale

fruit or farm produce which has been emptied from and repacked

in the barrels, boxes or other packages in which they were purchased, without erasing or otherwise obliterating the name of the

grower or producer of such fruit or farm produce, if found thereon, as above provided, shall be subjected to a penalty of fifty dollars

for each barrel, box or other package of fruit or farm produce so

sold, offered or exposed for sale. No person shall sell, offer or expose for sale in this state, any

ginseng roots or seeds foreign to the United States, or ginseng roots or seeds raised from stock imported from any country outside the

United States, except in packages to which shall be securely affixed a label, stating in plain English language, the name of such for- eign country in which the roots or seeds were originally grown.

Every person or firm engaged in the manufacture of sewing,

darning, crochet, or embroidery thread of cotton, linen or silk, or

in putting up such thread on spools or in balls, skeins, tubes, bobbins, cones or other packages, shall before the same is offered for

sale, affix to or impress upon each spool, ball, skein, tube, bobbin, cone or other package of thread so manufactured or put up, a label or stamp designating its weight in pounds and ounces or length in

yards ; provided, that where from the shape or size of the package

it is impossible so to affix such label or stamp, the same shall be

affixed to the box in which such packages are put up. If any such

person or firm shall neglect to affix to, or impress upon, any such

spool, ball, skein, tube, bobbin, cone, package or box such label or stamp, or shall, with intent to deceive, affix to or impress upon any

such spool, ball, skein, tube, bobbin, cone, package or box a label or stamp specifying that it contains a number of yards or a quantity of thread greater by five per centum or more than it does in

fact contain, then such person or firm shall forefeit the sum of

twenty dollars for each spool, ball, skein, tube, bobbin, cone, packSec. 394 Marking tbread
330 Laws Concerning Weights and Measures

age or box, which, without such label or stamp, or falsely so labeled or stamped, shall be sold, or be delivered to any person to be sold,

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 the

same, one-half whereof shall be paid to the state treasurer.

Penalty Any pcrsou or firm knowingly selling any sewing, darning,

crochet or embroidery thread of cotton, linen or silk either without

a label or stamp specifying the quantity or length thereof, or with

a label and stamp falsely stating such quantity or length, shall

forfeit the sum of twenty dollars for each spool, ball, skein, tube,

bobbin, cone, package or box so sold without label or incorrectly

labeled, 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

the same, one-half whereof shall be paid to the state treasurer.

Marking oyster kegs Bvcry pcrsou engaged in putting up oysters for sale in kegs or

and cans caus, 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, quarts or gallons, which they may

respectively hold, and not more than one-quarter of such quantity

shall be liquid.

^^"^"5' Every person violating any provision of this section shall forfeit

to the city, village or town where the violation occtus, the sum of one hundred dollars for every such violation.

Con ilws^ vol 2 person guilty of altering with intent to defraud, any original

cit^Lki^'s bill of lading issued by the person, firm or corporation by whom

Sec. the coal was loaded into the vessel in which such coal is transported

aitytoaiterinT^' to any city of the first or second class, in this state, or of uttering

any such bill of lading so altered, or who is guilty of making, preparing or subscribing or uttering a false or fraudulent manifest,

invoice or bill of lading thereof, or removing any part of such cargo

of coal without having the amount thereof certified to in writing on such original bill of lading, by the person, firm or corporation

receiving the coal so removed, and by the captain of the vessel

^^"^"y containing such cargo, is ptmishable by imprisonment in a state

prison, not exceeding three years, or by a fine not exceeding one thousand dollars, or both, and the delivery of any fraudulent bill of lading to any purchaser of coal shall be presumptive evidence

of uttering the same with criminal intent.

Con. Liwsfvoi. 5, p. "^^^ sealer of weights and measures shall, within the city, have

ies'^La^vv'' ch"^ art ^i''" powcrs aud pcrform the duties of sealers of weights and meas-

... . ures of towns under the general laws of the state. He shall superoBSlCr of WCllfiltS 311(1 measures visc 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.
New York 331

No surveyor shall give evidence in any cause depending in any iec.8iil,'is^am'?nd^^^^ of the courts of this state, or before arbitrators, respecting the sur- i-aws, 1909 ch. 65

' , ^ ,° Testunony of surveyor vey or measurement of lands which he may have made, unless if and proof of standard of required, either such surveyor shall make oath, or it shall otherwise be shown that the chain or measure used by him was con- formable 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 surveyor,

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. The expression " article of merchandise," as used in this article, ^on. -tivi%vo\ 4, p signifies any goods, wares, work of art, commodity, compound, =531, PeaaiLaw,ch.'4o, mixture or other preparation or thing which may be lawfully kept sec. 430

rr ^ c t ' Article of merchan- or onered for sale. dise defined Any person, firm, corporation or association, or any employee tlntrue and mislead- thereof, who, in a newspaper, circular or other publication pub- "^^ lished in this state, knowingly makes or disseminates any state- ment or assertion of fact concerning the quantity, the quality, the

value, the method of production or manufacture, or the reason for

the price of his or their merchandise, or the manner or source of

purchase of such merchandise, or the possession of rewards, prizes or distinctions conferred on account of such merchandise or the

motive or purpose of a sale, intended to give the appearance of an

offer advantageous to the purchaser which is untrue or calculated

to mislead, shall be guilty of a misdemeanor.

Any person, firm, corporation or association or any employee Penalty thereof who violates any provision of this section shall be liable to a fine of not less than twenty-five nor more than one himdred

dollars for each offense.

A person who, with intent to defraud, while putting up in a lonc'eaiing foreign

barrel, bag, bale, box, or other package, cotton, hops, hay, or any matter in merchandise 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.

A person, who, with intent to defraud: i. Puts upon an article

fai^ 435^3,5 of merchandise, or upon a cask, bottle, stopper, vessel, case, cover, wrapper, package, band, ticket, label, or other thing, containing
332 Laws Concerning Weights and Measures

or covering such an article, or with which such an article is intended to be sold, or is sold, any false description or other indication of or respecting the kind, number, quantity, weight or measure of such article, or any part thereof, or the place or coimtry where it was manufactured or produced or the quahty or grade of any such article, if the quality or grade thereof is required

by law to be marked, branded or othenvise indicated on or with

such article; or,

2. Sells or offers for sale an article, which to his knowledge is falsely described or indicated upon any such package, or vessel

containing the same, or labeled thereupon, in any of the particulars

specified; or,

3. Sells or exposes for sale any goods in bulk to which no name

or trade-mark shall be attached, and orally or otherwise represents

that such goods are the manufacture or production of some other

than the actual manufacturer or producer, in a case where the

punishment for such offense is not specially provided for otherwise

by statute,

Is guilty of a misdemeanor.

ustag'Lise marks as A pcrson, who, with intent to defraud or to enable another to

to manufacture dcfraud any person, manufactures or knowingly sells or causes to

be manufactured or sold, any article, marked, stamped or branded

or incased or inclosed in any box, bottle or wrapper, having thereupon any engraving or printed label, stamp, imprint, mark or trade-mark which article is not the manufacture, w^orkmanship or production of the person named, indicated or denoted by such

marking, stamping or branding, or by or upon such engraving,

printed label, stamp, imprint, mark or trade-mark, is guilty of a misdemeanor.

pen^t^ for selling A pcrson who scUs, offcrs for sale or manufactures with intent

half wine noi labeled scll, any wiuc kuowu as "half wiue," which is not stamped,

marked or labeled as required by law, is guilty of a misdemeanor.

Con. lIws,^ ch. 40, A weighmaster upon any of the canals belonging to this state,

^'sea46i ^ clerk of such weighmaster, who makes a false entry of the

taHe^S^^S^w^ht^of^'^^^S^^ of any boat, or cargo of any boat, navigating such canal,

canal boat or who makcs a false certificate of the light weight of any boat,

knowing such entry or certificate to be false, is guilty of a misde- meanor.

Con, Law?! ch. 40, Whcrc potatocs, grains or other agricultural products are sold

^'sec^Mio by the bushel, without agreement as to the weight, any person

th^leg^^we^ht^fOT^^^^^^^^^S ^ greater number of pounds for a bushel than as prebusnei scribed by section eight of the general business law is guilty of a misdemeanor.

Using^ false weights A person who injures or defrauds another by using, with knowland measures edge that the Same is false, a false weight, measure, or other appa-
New York 333

ratus, for determining the quantity of any commodity, or article

of merchandise, or by knowingly delivering less than the quantity

he represents, is guilty of a misdemeanor.

A person who retains in his possession any weight or measure, leeplig false weights knowing it to be false, unless it appears beyond a reasonable doubt and measures 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.

A person who is authorized or enjoined by law to arrest another sec. 2413 . ^ ~ ... (-11 • • 11 1-1 False weights and person for a violation of the last two sections, is equally authorized measures authorized to 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.

The magistrate to whom any weight or measure is delivered j^gag. pursuant to the last section, must, upon the examination of the ^^es^^ay be^esjed by defendant, or if the examination is delayed or prevented, without and destroyed or deliv-

• ,• 1• J.1 i 1. J. J. 1 1 ered to district attorney awaitmg such exammation, cause the same to be tested by comparison with standards conformable 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.

The possession or use by any person of any false weight, meas- . sec. 2414a, as enacted

4. r J / • U.-L. r by Laws, 1911, ch. 53 ure or other apparatus for determining the quantity of any com- Presumption oj modity or article of merchandise is presumptive evidence of

knowledge by such person of the falsity of such weight, measure

or other apparatus.

Upon the conviction of the defendant, the district attorney

^^^^ must cause any weight or measure in respect whereof the defend- measures to be de- ant stands convicted, and which remains in the possession or imder of offender the control of the district attorney, to be destroyed.

A person who knowingly marks or stamps false or short weights, sec. 2416 or false tare on any cask or package, or knowingly sells or offers weight or tare on casks for sale any cask or package so marked, is guilty of a misdemeanor. "i'^*=''^ses A person who:

1. Sells or offers for sale baled hay or straw containing more sec. 2417 than twenty pounds of wood to the bale, the weight of which is of baled hay and straw two hundred pounds or upward, or more than ten poimds of wood

to the bale the weight of which is less than two hundred pounds

;

or,

2. Sells or offers for sale any bale of hay or straw upon which

the correct gross weight is not plainly marked or which weighs

more than five potmds less than the gross weight so marked

thereupon.

Is guilty of a misdemeanor
334 Laws Concerning Weights and Measures

ctjtmai LaT.^'^t.^r'' No pcrsoii, firm, association or corporation shall sell, or offer

Sec. 220 or expose for sale any commercial fertilizers or any material to

be used as a fertilizer, the selling price of which exceeds five

tadild°to°pid£ag^e ^of doUars per ton, unless such fertilizer or material shall be accomfertiiizers. pauicd by or shall have affixed to each and every package in a

conspicuous place on the outside thereof, a plainly printed state- ment 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 imder which the fertilizer is sold.

Cons. Laws — Agri- fhc term "barrel" when used in transactions of purchase or cultural Law, art II iri -in • Sec. 263 sale of apples, pears or qumces shall represent a quantity equal

pears '^Mdqu'ince's'''^^'^^ hundred quarts of grain or dry measure, and such barrels

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 than sixty-four inches outside measurement. If the barrel shall be made straight, or without a bulge,

it shall contain the same number of cubic inches as the barrel

above described. Any person or persons making, manufacturing

or causing to be made or manufactured barrels for use in the

purchase or sale of apples, pears or quinces, or any person or persons packing apples, pears or quinces in barrels for sale or

selling apples, pears or quinces in barrels containing a less quantity than the barrel herein specified shall brand said barrels upon

each end and upon the outside, conspicuously, in letters one and

one-half inches in length with the words, "short barrel."
NORTH CAROLINA

No trader or other person shall buy or sell, or otherwise use irip.-^,^^*'' trading, any other weights and measures than are made and used sec.^3063 ' '^^''^ according to the standard prescribed by the congress of the standards 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.

The board of commissioners of each cotmty shall, at the charge '•'iel'^oel'^^^^''^^'^ of their county, procure standard sealed weights of half hundred, coun^^ com- quarter himdred, ten pounds, five potmds, two poimds and one TM'ssioners—Branded pound, one-half pound, one-quarter pound, two ounces, one

ounce, one-half otmce, 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."

The measure of an acre of land shall be equal to a rectangle of p.'^^J'^'''' sixteen poles or perches in length and ten in breadth, and shall

Acre^°poie- perch contain one hundred and sixty square perches or poles, or four Land measure thousand eight hundred and forty square yards ; six hundred and

forty such acres being contained in a square mile.

A bushel of wheat shall be 60 pounds ; of Indian corn, 56 pounds ; (-'^sa-r. 'fj^-^^^^^- '905, of com meal, 48 pounds; of rye, s6 pounds; of barley, 48 pounds; sec. 3066, as amended

, A f -fl ^1 A -C1J , 'by Laws, 1909. ch. 835. of oats, 32 pounds; of flax seed, 55 pounds; of clover seed, 60 p. 1224 jr y jr-L- How many pounds to pounds ; of pease, 60 pounds ; 01 rough rice, 44 pounds ; of buck- a bushei wheat, 50 pounds; of corn in ear, 70 poimds; of cotton. Sea Island,

44 pounds; of soy beans, pease, lupines, lentils, vetches, lucerne,

60 pounds; of Japan clover in hulls, 25 pounds; of Burr clover,

in hulls, 8 pounds; of castor beans, 46 pounds; of sun-flower

seed, 24 pounds; of broom com, 46 pounds; of hemp seed, 44

pounds; of rape seed, 50 pounds; of mustard seed, 58 pounds; of

teosinte, 59 poimds; of sorghum, kaffir com and millets, 50

pounds; of Johnson grass seed, 25 pounds; of orchard grass seed,

red top grass seed, blue grass seed, seed of Brome grasses, tall meadow seed, oat-grass seed, seed of all the Fescue grasses except

the tall and meadow fescue 14 pounds; [of] turnips, 50 pounds;

[of] onions, 57 pounds; [of] sweet potatoes, 56 pounds; [of] Irish

potatoes, 56 pounds; [of] green apples, 48 pounds; of tall fescue

335
336 Laws Concerning Weights and Measures

and meadow fescue grass seed, 24 pounds; timothy grass, 45

pounds; chestnuts, wahiuts and hickory nuts free from hull, 50

pounds; apple seed, 40 pounds; of peanuts, 22 poimds; of cotton

seed, 30 pounds ; but this section shall not be construed to prevent

Penalty the purchasc and sale by measure. If any person shall take any

greater weight for one bushel of the several articles than is herein

named he shall forfeit and pay the sum of twenty dollars for each

separate case to any person who may sue for the same.

&eI*'ob^^^'

^'''^^ person, after demand by the standard keeper for permispenaity for using, un-sion 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 offence,

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 offence forty dollars to the person suing therefor.

US67, issi) The governor is authorized to appoint a suitable person to take

standard keeper; ap- CarC of the balances, weights and measures, and perform the duties

^

state keeper relating to weights and measures, heretofore imposed on the

notf keeper 0/ clpit^u govcrnor, and such other duties as the governor may prescribe,

touching said balances and weights and m^easures; 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 or discharge said duties, the

keeper of the capitol shall be ex officio keeper of weights and

measures, and discharge the duties and receive the compensation

provided.

Sec

6^*'^'^ shall be the duty of the keeper of weights and measures, under

Duties of the direction of the governor, to procure and furnish, at prime

cost, to any of the counties, upon an order of the board of county

commissioners, any ef 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 coimty ordering may direct ; yard stick made of susbtantial

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.
North Carolina 337

It shall be the duty of the state standard keeper to supply to ^ec'!'^7o each county, which shall call for the same, such standard weights erlo^suppiT^Jnties®^ as the standard keeper of such county shall demand, duly sealed,

such county paying to the state treasurer the actual costs of such

weights, upon the certificate of the state standard keeper.

It shall be the duty of the state standard keeper to keep a book, l^d^rd keeper to 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 treasiuer and the general assembly.

The state standard keeper shall be allowed such compensation ^jj^^'^'- '3°5-''°'- for his services as the governor shall deem adequate, not exceeding gei^frsT^'

^'^^^^ one hundred dollars a year. stMdSd keeper""""'

The weights and measures, stamps and brands thus provided, Revisai^ic^^, ch^^n shall be kept at the court house of the respective counties by a i88q, iSgi, i8q3, igoi, standard keeper, to be elected by the board of commissioners for . ^c^'joy'i'^sTmended the term of two years; and the person thus elected shall, before ^g^„^"h!'7^?^^^'7T^' the board of county commissioners, take the oaths required ^o^i^ ^^^er-.^^J^^^^t,

public officers and also an oath of office. But the Standard

Keeper may remove the weights and measures, stamps and brands

from the court house, not to exceed 60 days in any one year, for

the purpose of testing weights and measures throughout the county.

This Section shall not apply to the coimties of Beaufort, Bertie,

Bladen, Cumberland, Currituck, Gaston, Halifax, Lincoln, Montgomery, Moore, Northumberland, Rutherford, Warren and Yancey,

and in these counties the office of standard keeper is abolished.

Provided, that if complaint be made to the board of commissioners

of Cumberland County that any person has reason to believe that

the weights or measures of any merchant or trader are improper

or erroneous, then the said board may appoint some competent

person to make an examination of such weights and measures. Every person, firm or corporation using weights and measures of

any and every kind which shall be used in buying or selling or '^l'^^"I'^^l^^^^^ bartering, or for hire, or in fixing or determining the amount of Laws, 1909. ch. 695

<=" '

• ^ It 11 -1 and Pub. Local Laws, toll or charge or rate tor any service shall allow or permit the stand- ''\'^^^^il\iion ot ard keeper of the county to try, examine and adjust by the stand- weights and measures ard, at least once every two years, all the said weights and measures of any and every kind used as aforesaid, and every person, firm

or corporation who shall neglect to comply with the requirements of ^"^^^ "«si8ct this section shall forfeit and pay fi.fty dollars, to be recovered 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 madeoffi^Jt^"'^"'^'*

8578°—12 22
338 Laws Concerning Weights and Measures

to agree with the standard, and shall give a certificate of such

examination and adjustment, stating the weights and measures examined and adjusted. This section shall not apply to the councounties excepted tj^s Qf Beaufort, Bertie, Bladen, Currituck, Gaston, HaUfax, Lincoln,

Montgomery, Moore, Northampton, Rutherford, Swain, Warren,

Yancey and Ashe, and in these coimties the office of standard

keeper is abolished. In Wilson County, whenever any person, firm

or corporation has had his or its weights and measures tried by the

standard, and sealed or stamped as aforesaid, such person, firm or corporation shall not be required to have them tried by the standard again, unless some responsible person in the county of Wilson

shall make oath, and file the same with the standard keeper of said

county, that he has reason to beUeve that said weights or meastires

are not properly adjusted; that notice shall be given the owner of

said weights or measures that complaint has been made under

oath, as aforesaid, and then the owner of said weights and measures

shall have his weights and measures tried, as herein provided, and

for failiure shall then be subject to the penalties mentioned in

section 3067. In Nash County whenever any person has had his

weights and his measures tried by the standard and sealed or stamped as aforesaid, he shall not be required to have them tried

by the standard keeper again unless some responsible person in

the county of Nash shall make oath and file the same with the

standard keeper of said county, that he has reason to believe that

said weights or measures are not properly adjusted. That notice

shall be given the owner of said weights or measures that complaint has been made under oath as aforesaid, and then the owner

of said weights and measures shall have his weights and measures

tried as herein provided, and for failure shall then be subject to

the penalties mentioned in section three thousand and sixty-seven.

Sec i'^''^'^^ In every instance where the standard keeper shall have before

^^D|struction of appa- 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.

Revisai, 1905, ch. 66 Standard keepers shall be entitled to receive the following fees,

{1870.1871,1875.1889) J •• • ( ^- -I Sec. 2780 and no other, namely: for exammmg and adjustmg a pair oi steelkeeplrs" ^ ^° yards, tweuty-fivc ccuts ; 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 meastuing grain, meal or salt, ten cents; each meastue for liquors or wines, three cents, and for extra work

on bushel and half-bushel measures a sum not exceeding twentyfive cents in any one case; for every surveyor's chain, fifty cents.
North Carolina 339

All millers shall keep in their mills the following measures, Revisai, 1903, ch. 52, namely, a half bushel and peck of full measure, and also proper '' (^^^7^ ^^^j) toll dishes for each measure: but the toll allowed by law may be sec. 2121

l!^6ssxxr6S kept toll taken by weight or measure at the option of the miller and cus- by weight tomer.

All oysters measured in the shell shall be measured in a circular

^^f^^^-

^^"s, ch. 5s, tub with straight sides and straight, soHd bottom, with holes in ' imi)

the bottom not more than one-half inch in diameter. The said Dimensions of oyster 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 2 1 inches diagonal

from inside chimb to top. All measures used for buying or selling

oysters shall have a brand, to be adopted by the oyster commissioner, stamped therein by said commissioner, assistant commissioner, or his lawful inspectors. All measures found in the possession of any dealer not meeting the requirements of this section

shall be destroyed by said oyster commissioner, assistant commissioner or inspector.

If any person shall in buying or selHng oysters use any measure usiQg 'niegai meas- other than that prescribed by law for the measurement of oysters, ures tor oysters or if any dealer in oysters shall have in his possession any 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.

The standard measure for a surveyor's chain shall be twentyf^^f^ls^^)^' " two standard yards, a standard half or two-pole chain shall be seciors

"Wlist is Si survsyor^s eleven standard yards, a standard quarter or one-pole chain shall chain; tested be five and one-half standard yards ; but every person using a sur- veyor's chain, half chain or quarter chain for measuring land shall

every two years test the same in the manner hereinafter provided.

If any person who shall use any chain for measuring land with- Revisai, 1905, ch. pi out having the same first measured and sealed by the standard- sec. aesf keeper, or who shall use the same for a longer period than two years

jgied'^^"^'^ chain

without bringing it to the standard-keeper 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.

If any person shall pack for sale, sell or offer for sale in this sec.ssio'""^^ State any corn meal except in bags or packages containing by cornmeai 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 fractions of a bushel, and the weight, he shall

be guilty of a misdemeanor and fined not exceeding fifty dollars or imprisoned not exceeding thirty days: Provided That the pro-
340 Laws Concerning Weights and Measures

visions of this section shall not apply to the retailing of meal direct

to customers from bulk stock when priced and deUvered by actual

weight or measure.

{1874-5) If any weigher or piurchaser of cotton shall m.ake any deduction

c<rtton,'weighing of from the Weight of any bag, bale or package of hnt cotton, for or on accoimt 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.

Revisal, 1905, Vol. II, Each barrel of flour exposed to sale in, or exported from, the

(r/pz, 1807, 1810) State by land or water shall contain one hundred and ninety-six

larre^^f flour to pouuds, and cach half-barrel ninety-eight pounds or sacks of

flour to pats'i^lpecTion iiiii^ty-eight pounds, half-sacks of forty-nine pounds, one-fourth

sacks twenty-five pounds, one-eighth sacks twelve pounds of net

flour, well ground, bolted and packed, merchantable and of due

fineness, without any mixtm-e of coarse flour, or flour of any other

grain than wheat ; and every barrel shall be made of good seasoned

wood, tightened with ten hoops, sufficiently nailed with flour nails

in each chine-hoop, and three nails in each upper bilge hoop; and

the dimensions shall be as follows, namely: The staves shall be

twenty-seven inches in length, and the head seventeen and onehalf inches in diameter ; and the half barrel shall be of the following

dimensions, namely: The staves twenty-three inches in length,

and the head twelve and one-half inches in diameter; and every

miller or manufacturer of flour for sale or exportation shall provide and keep a distinguishing mark or brand, containing the

initials of his christian name, and his surname at length, with

which he shall brand every cask or sack, or legal fraction thereof,

of flour, and mark thereon the net and tare weight, before the same

shall be removed from the place where it was bolted; and every

miller or manufacturer shall receive the sum of ten cents for bolting, packing and nailing every barrel of flour bolted, and that only,

iawmiu himber and squarc timber and sawmill lumber at the several

tun timber, how meas- markets and miUs 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. 4667'

''^'^'^ All firewood sold in incorporated towns shall be sold by the

towMto°be^bno?d '^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.
North Carolina 341

All cotton sold in the town of Wilmington shall be weighed, us56-7) under the penalty of one hundred dollars for any bale sold with- cotion'wjid in wa- out being weighed by the proper officer. This does not apply to

''«'e'>ed cotton bought elsewhere and brought to Wilmington for export.

Cotton shall be weighed by the inspectors of flotu" and provisions, who''u? weigh

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 loard^oi county com- 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

following fee viz., for every bale of cotton weighed, ten cents.

NORTH DAKOTA

A bushel of each of the articles enumerated in this section shall sec/Z'ss

' ''"'^ consist of the number of pounds avoirdupois respectively affixed to weight of bushei each:

Barley. Beans.

.

Bran. ..

Pounds.

60 Buckwheat 42 Beets 60 Broom corn seed 30 Com, shelled 56 Com, in the ear 70 Clover seed 60

Coal, stone 80 Flax seed 56 Lime 80 Oats 32

Pounds. Onions 52 Potatoes, Irish 60

Potatoes, sweet 46 Peas 60 Rye 56

Salt 80 Tumips 60 Timothyseed 45 Wheat 60

Speltz 40

Millet 50 Apples 50 Bromus Inermus 14 A ton of hay shall consist of two thousand pounds ; or by measure- ment, 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.

A perch of mason work or stone shall consist of twenty-five feet,

cubic measure. The state treasurer shall procure and keep in his office the following standards of weights and measures, 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 wine quart, one wine

pint, one wine gill. Such measures shall be made of 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 poimd weight, one

ten pound weight, one one pound weight, one half pound weight, one quarter pound weight, 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

343

Sec. 2189" Ton o{ hay

Sec. 21900 Perch of stone

Sec. 2191 Kept by State treas- urerStandards

Capacity

Length

Weight
344 Laws Concerning Weights and Measures

Balances Standards; which measures, weights, scales, beams and balances

are hereby declared to be the legal standards of weights and measures for this state. Such treasurer shall be charged with the

Custody 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 treasurer shall

keep a record of all county weights, measures, beams, and bal- ances, marked and tested by him.

sec.Higz'

'^^^^ "^^^ board of county commissioners of any coimty is authorized

Public scateB jjj j^g 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 J'^^^^ Such scales shall be piu-chased by the county, and shall be under

Care and capacity of covcr, and of uot Icss than fivc tons' Weighing capacity, and shall

be the property of the county, and at all times under its control

and subject to removal when the county commissioners shall so

require.

Appointment of board shall also appoint at each place where it establishes

weighmastere such scalcs, a public wcighmastcr, 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 same and

for the faithful and impartial discharge of his duties.

weighmasters to Each public wcighmastcr shall keep a stub record of all weighing,

keep record which rccord and the receipt 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. ai96 Such public weighmasters shall receive such compensation and

shall be governed by such rules and regulations as may be adopted

by the board of county commissioners, and may be removed at any

time by such board for cause.

Sec. 9357"' If any person with intent to defraud, uses a false balance, weight

measures''^'^ meastu-c, in the weighing or measuring of anything whatever that

is purchased, sold, bartered, shipped or delivered, for sale or barter,

Penalty. ^j. jg pledged or given 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 injtured

party in double the amount of damages.

letatatagsame Evcry pcrsou 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 permits it to be used in violation of the last section, shall be punished

as therein provided.

Of ne'er may seize Evcry pcrson who is authorized or enjoined by law to arrest

same another person for a violation of sections 9257 and 9258, is equally
North Dakota 345

authorized and enjoined to seize an}- false weights or measures found in the possession of the person so arrested, and to deHver the same to the magistrate before whom the person so arrested is required to be taken.

The magistrate to whom any weight or meastires is deHvered, May'te tested and 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 deHvered 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.

Upon the conviction of the accused, such state's attorney shall oui/^'state-s attor- cause any weight or measixre in respect whereof the accused stands "^y convicted, and which remains in the possession or under the control * of such state's attorney, to be destroyed.

Every person who knowingly marks or stamps false or short iTam^ping laise weight or false tare on an}^ cask or package, or knowingly sells or

offers for sale any cask or package so marked, is guilty of a misde- meanor. The sheriff of each cotmty within the state shall be the inspector p.'^!^-' and sealer of weights and measmres. He shall have power to fg^^^ inspector u

appoint a deputy to perform the duties hereinafter provided, who "^^'e^'^ TMeasures must be a person qualified by experience and training to intelli- gently perform the same, but he may be a regular deputy sheriff

pro\dded he has the qualifications above described. The deputy

shall have the same power and perform the same duties tmder this

article as the inspector and sealer and shall take and subscribe

the oath required by other county officers. The inspector and sealer or his deputy shall once in each year ^t|njade,whea test all weights and measures, scale beams, patent balances, steel- yards and other instruments used in weighing or measuring any

commodity sold by weight or measure in his county by the dupli- cates of said weights and measures as are 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 May test wagon

believe that the same are not weighing correctly. He shall give to

the person in charge of such weights or measures a certificate of the

correctness thereof, if foimd 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 '' condemned '' and in case of short weights or measures that cannot be corrected he shall condemn, confiscate May confiscate and keep the same for evidence. He shaU keep a record of all such ^""^

certificates issued by him and of all his transactions imder this
346 Laws Concerning Weights and Measures

article, and shall file with the county auditor during the month of

December of each year a 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.

Itandard established '^^^ Standard of wcights 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

Penalty for use of such Standard and fraudulently makes use thereof, shall be fined

false apparatus -rA-r-r-xn

for each offense Fifty Dollars.

County commission- board or couuty commissioncrs of each county shall purers purchase chasc such dupHcatcs of wcights and measures enumerated in sec- tion 2 191 of the Code of 1905 as are deemed necessary for the use

of the inspector in the carrying out of the provisions of this act,

and measures

"^'^^'^ which dupHcatcs shall bc 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.

||=g5 The inspector and sealer of weights and measures shall be entitled to demand and receive for his compensation for the inspection hereinafter provided for and the furnishing to the person whose weights

and measures are inspected, a certificate of such inspection, the

following fees:

For inspecting and sealing railroad and track scales of capacity of 20 tons and

upwards $3. 00 For inspecting and sealing scales of from 3 to 20 tons capacity, each i. 50 For inspecting and sealing dormant scales, each i. 00 For inspecting and sealing movable platform scales, each 50 For inspecting and sealing beams weighing 100 lbs. and upwards, each 25 For inspecting and sealing Hopper scales, each i. 00 For inspecting and sealing 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

Pfo^'so Provided that when any establishment uses more than three of

such scales the fee for inspection of which is 25 cents each then any

further number shall be tested for 15 cents each, and with each

scale tested and sealed by him he shall inspect and seal one set of

weights without any additional charge or compensation.

For inspecting and sealing any two bushel or one bushel measure, each $0. 25 For inspecting and sealing any other dry measures, each 10 For inspecting and sealing liquid measures of a capacity of Five gallons or more, each 25 For inspecting and sealing liquid measures of less than five gallons and not less than one gallon 15 For inspecting and sealing anything less than one gallon 10 For inspecting and sealing any board or cloth measure, each 10
North Dakota 347

When the inspector and sealer shall find any of the instruments j^g^^yp^'''^''"'''''"®"- or articles used in weighing or measuring to be wrongly adjusted,

misconstrueted, 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 receive for such service fifty cents per hour

for the actual and necessary time consumed in making such cor- rections and shall receive just compensation for any material used

in such correction.

If any person knowingly uses a false weight, measure, scale, pe^nauy for i a i s e 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, measiu-e, 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 foimd 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 oi to^rrecTappkrato^ 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 adjusted as heretofore provided, he may adjust and seal them, but if they can- not by him be adjusted he shall affix to such weight, 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 whoever

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 to^^4||'^fg^?^^^f^^

without warrant such weights, measures or balances as may be

necessary to be used as evidence in case of violation of the law

relating 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.

Any person believing any dealer is violating the provisions of complaints this act may make complaint, in writing, to any inspector or How'iodged

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
348 Laws Concerning Weights and Measures

the five dollars to the complainant 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 coimty for trial and upon conviction

such person, whether the owner or not, shall be guilty of a misdecharge for making meauor and punished accordingly. In all such cases the sealer or arrest, tag charge for test- i-"^-. , iiii deputy sealer makmg the test shall make and swear to the complaint and shall be entitled to the same lees as allowed officers

making an arrest upon a warrant, besides the sum of one dollar for

making the test.

p^ralty for mislead- "^^Y pcrson who shall wilfully obstruct or mislead the inspector

tag inspector or scalcr 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.

^^Rev. Codes, 1905, p. 'Xho. city couucil shall have power

:

Sec ^2678* ^'"^^ 35. To establish markets and market houses and to provide for

cit^councii ^^^^^ °* regulation and use thereof.

To provide for the 36. To providc for the placc and manner of sale of meats, poulselling commodities try, fish, butter, cheese, lard, vegetables, and all other provisions,

and regulate the selling of the same.

Regulate selling of 37. To rcgulatc the salc of bread in the city and prescribe the

weight and quality of the bread in the loaf,

of^tumbwrfirewold; 39- To Tcgulatc tlic iuspcctiou, weighing and measuring of lumber, firewcod, coal, hay, and anv article or merohandise.

Weights and meas- ^ -j r • '' j.- j .• r • 1 j. 1 ures, sealing of, etc. 40. lo providc lor the luspcction and sealing of weights and

measures.

Vendors to use cor- t^j- j 1 1 • 1 e • 1 , 1 rect weights and meas- 41. To cniorce the kccpmg and use of proper weights and

"^Rev. Codes, 1905 mcasurcs by vendors.

Sec.

22/2''^^^^ It shall be the duty of the commissioners of railroads to superand^s°OTto|ofTrata''^^' ^^^^ handling, weighing, and storing of grain and seed; to establish all necessary rules and regulations for the weighing of grain

and for the management of the public warehouses of the state, so

far as such rules and regulations may be necessary to enforce the

provisions of this article or any law in this state in regard to the

same, investigate all complaints of fraud or oppression in the grain

trade of this state, and correct the same as far as it may be in their

power.

1479^"^' ^"'^^ ^' ^ Every person who, in putting up or pressing any bundle of hay

omitttag to mark market, omits to put the number of pounds in each bundle or

baled hay bale SO put Up, for which he sells or offers to sell it, is guilty of a misdemeanor.
North Dakota 349

Every person who, in putting up in. any bag, bale, box, barrel fraudulently mcreas- or other package, any hops, cotton, hay or other goods usually sold '^^ ''^''s^' 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, barrel or package, is punishable by a fine of

twenty-five dollars for each offense.

Every lot or parcel of any "concentrated commercial feeding^^^^"^^' ''"'•""^•'s-'P- stuff, " as defined in section three, used for feeding farm live stock,

freight to be marked sold, offered or exposed for sale in the state, shall have affixed in a on packages of feeding conspicuous place on the outside thereof, a legible and plainly writ-

" ten 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, * * *. The term "concentrated commercial feeding stuffs," as here feeding stuffs ex- used, shall not include hays, straw, whole seeds nor the unmixed ^"^p'^"* meals made directly from seed of wheat, rye, speltz, barley, oats,

Indian com, buckwheat, or broom com, and neither shall it include wheat, rye, buckwheat, brans or middlings not mixed

with other substances, but sold separately as distinct article of

commerce, nor pure grains ground together.

The term "concentrated commercial feeding stuffs," as here feeding stuss to be used, shall include linseed meals, cotton seed meals, cotton seed'^^'e'ed feeds, pea meals, cocoanut meals, gluten meals, gluten feeds, maize

feeds, starch feeds, sugar feeds, dried brewer's grains, dried distiller's grains, malt sprouts, hominy feeds, cereline feeds, rice meals,

dried beef refuse, oat feeds, com and oat chops, com and oat

feeds, corn bran, grotmd beef or fish scraps, meat and bone meal,

clover meals, condimental foods, poultry foods, stock foods,

patented, proprietary or trade marked stock and poultry foods

(whether to be used as foods or medicines), mixed feeds, other

than those composed solely of bran and middlings mixed together, or pure grains ground together, and all other materials of similar

nature not included in section two.

Each and every manufacturer, importer, agent, or person, selling, f.g'ji^ offering or exposing for sale in this state any " concentrated commercial feeding stuff, " as defined in section three of this act, without the statement required by section one of this act, * * *

shall be fined not exceeding one hundred dollars for the first offense,

and not exceeding two htmdred dollars for each subsequent offense.

It shall be unlawful for any person, firm, association, co-part- Laws.tsog.ch.^n.p.

nership or corporation doing business in the state to purchase or^'sec. i receive any wheat, oats, barley, flax, or other grains at a different othS'Siegai weight

weight 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 Dockage

1
35° Laws Concerning Weights and Measures

315

same, excepting on such grains as the grain inspection boards for

the terminal markets of the states of Minnesota and Wisconsin

place a dockage.

Il^^g^jfy Any person, firm, association, co-partnership or corporation

found guilty of violating the provisions of this act shall be guilty of a misdemeanor and be fined not less than twenty-five nor more than

one hundred dollars for each and every offense.

Laws, 1907, ch.i95.P- It shall be unlawful for any person, either himself or while acting

Adulterating a n d ^® agent or scrvaut of any other person or corporation to manufacmisbranding foods turc for Sale, scll, offcr or to havc for sale, to solicit orders for, to

and beverages storc or to dclivcr withiu the state any article of food or beverage

which is unwholesome, misbranded, adulterated or insufficiently

labeled within the meaning of this act. The having in possession

of such adulterated, imwholesome, misbranded or insufficiently

labeled article or articles shall be deemed as prima facie evidence

of the violation thereof. For the purposes of this act all condiments, extracts, vinegars, or other substances used in the preparation or compounding of foods or food products and beverages shall

be deemed as articles of food,

w^h a t constitute Any articlc of food or beverage shall be considered as misbranded,

adulteration unwholcsomc, adulterated or insufficiently labeled within the meaning of this act:

Etat^^

""^^ Ninth. If every package, bottle or container does not bear the

true net weight, the name of the real manufacturer or jobber, and

the true grade or class of the product, the same to be expressed on

the face of the printed label in clear and distinct English words in

black type on a white background, said type to be in size uniform

with that used to name the brand or producer.

Articles of food or Evcry article of food or beverage as defined in the statutes of this

beverage to be sold by state shall be sold by weight, measure or numerical count and as weight, measure, or nu- .11 1 1 merica] count now rccoguized by trade custom, and shall be labeled m accordance

with the provisions of the food and beverage laws of this state. Only

those products shall be sold by numerical count which cannot well

be sold by weight or measure. All weights shall be net, excluding

the wrapper or container, and shall be stated in terms of pounds, ounces and grains avoirdupois weight, and all measure shall be in

terms of gallons of two hundred and thirty-one (231) cubic inches

or fractions thereof, as quarts, pints and ounces. Reasonable

variations shall be permitted and tolerations therefor shall be es- tablished and promulgated by the food commissioner.
North Dakota 351

Every lot of lard or of lard compound or of lard substitute, unless Laws, igu, ch. 236, sold in bulk, shall be put up in pails or other containers holding one weight of lard or lard (i) , three (3) , or five (5) pounds net weight, or some whole multiple up in containers of these numbers, and not any fractions thereof. If the container be

found deficient in weight, additional lard, compound or substitute,

shall be furnished to the purchaser to make up the legal weight.

The face label shall show the true name and grade of the product,

the true'net weight, together with the true name and address of the

producer or jobber. If other than leaf lard is used, then the label

shall show the kind, as " Back Lard," or " Intestinal Lard." Every

lard substitute or lard compound shall also show, in a manner to be prescribed by the food commissioner, the ingredients of which it is composed, and each and every article shall be in conformity with,

and further labeled in accordance with the requirements under the

food laws of this state. A loaf of bread for sale shall be two pounds in weight. Bread, height of standard unless composed in chief parts of rye or maize, shall be sold only '"^^^^ '•^^'i in whole, half and quarter loaves and not otherwise. Bread, when

sold, shall, upon request of the buyer, 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 one-quarter of a pound. Provided every loaf, half loaf, quarter loaf or other loaf ,j,^g^'siit of otuer of bread which does not weigh the full legal weight required by

this section when plainly labeled with the exact weight thereof,

shall not be deemed in violation of the provisions of this act. Any person violating any of the provisions of this act shall be penalty deemed guilty of a misdemeanor, and for the first offense shall be

punished by a fine of not less than $5.00 nor more than $100.00

and the necessary costs, and for the second and each subsequent

offense he shall be fined not less than $50.00 nor more than $100.00,

or ninety days in jail or both at the discretion of the court.

OHIO

The standard weights and measures furnished this state by the '9'°' ''^'^'^ secretary of the treasury of the United States under a resolution of ' O/^^' ^^rs) r\ IT 1 t • t t t ^ -i ^^C* 0403 Congress, approved Time 14, one thousand eight hundred and standards, those fur- ... 9 ' \f u -u 1 1 J- J J £ • ^4- J

nished by United states thirty-six, shall be the legal standard of weights and measures Government; metric throughout the state. This chapter 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. Contracts for work to be done, or for anything to be sold by ly^ '^Xa, standard weight or measure, shall be construed according to the standards '"""acts construed hereby adopted as the standards of this state.

^^^^^^ The unit of standard measure of length and surface, from which |aj/'*°j'ijg standard all other measures of extension, whether lineal, superficial or solid, measure of length and shall be derived and ascertained, is the standard yard, in possession 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 com- monly sold by the yard, it may be divided into halves, quarters,

eighths and sixteenths.

The rod, pole or perch shall contain five and a half such yards, contents" of a rod and the mile, one thousand seven hundred and sixty such yards, p^^^ perei», miie, or The chain for measuring land shall be twenty-two yards long, and Links be divided into one hundred equal parts, called links.

The acre for land measure shall be measured horizontally, and Icje^^o?" contain ten square chains, and be equivalent in area to a rectangle

sixteen rods in length and ten rods in breadth. Six himdred and

forty acres shall be contained in a square mile.

The perch of mason work or stone shall consist of twenty-five leVch of mason work cubic feet. or stone The standard measure of a cord of fire-wood or tan-bark shall

fy^ig^^^ be one hundred and twenty-eight cubic feet, well stowed and cor'd of ere-wood or packed.

The xmits or standards of weight from which all other weights lundlrd weights shall be derived and ascertained shall be the standard avoirdupois

8578<>—12 23 353
354 Laws Concerning Weights and Measures

and troy weights furnished this state by the United States government.

Sec.

6411*''^^ The avoidupois pound, which bears to the troy pound the ratio

divisk>ns;^ton of scven thousand to five thousand seven hundred and sixty, shall

be divided into sixteen equal parts called ounces. The himdredweight except of pig-iron and iron ore, shall consist of one hundred

avoirdupois pounds, and twenty himdred weight shall constitute a ton. The troy ounce shall be equal to the twelfth part of a troy

pound.

Gallon'"" 'I^he 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.

slc^"64if

'^^^^ The barrel shall contain thirty-one and one-half gallons, and

andTrakdtag^°hlreof^' 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, twentyeight and one-half inches in length with cut heads of seventeen

and one-eighths inches in diameter and shall measure at the bulge

not less than sixty-six inches in circumference, outside meastne.

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.

Haif-bufhei l^^c tmit or Standard measiure 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 thirtynine-fortieths of an inch, and the depth is seven inches and one- twenty-fourth of an inch.

iubdwisions of half- '^^^ pcck, half-pcck, quartcr-pcck, quart and pint measures for

bushel measuring commodities other than liqtiids, shall be derived from

the half-bushel measure by dividing it and each successive measure by two.

Sec 6416^''^^ Articles usually sold by heaped measure shail be heaped in a

Heaped measures couical form as high as such articles permit.

HoV^dJy commodi- MeasuTcs for mcasuriug dry commodities not usually heaped

ties measured shall bc 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.
Ohio 355

A bushel of the respective articles hereinafter mentioned shall ^^^^Jf^^; J^f^; be the amount of weight, avoirdupois, in this section specified, '^f^^^^^ viz; ^ standard weight of bushel Pounds. Htmgarian grass seed 50 Lime 70 Coke 40 Bituminous coal 80 Cannel coal 70 Com, shelled 56 Com in the ear 68 Popcom in the ear 42 Tomatoes 56 Apples 50 Peaches 48 Turnips 60

Carrots 50 Beets 56 Oats 32 Clover seed 60

Pounds. Wheat 60 Rye 56 Timothy seed 45 Hemp seed 44

Millet seed 50 Buckwheat 50 Beans 60 Peas 60 Hominy 60

Irish potatoes 60 Sweet potatoes 50 Onions 55 Dried peaches 33 Dried apples 24 Flaxseed 56 Barley 48 Malt 34

Sec. 6418-1 as enacted All articles hereinafter mentioned, when sold, shall be sold by by laws' 191^ p. 421 avoirdupois weight or numerical count, imless by agreement of all ^^^f® n^'eri^a? contracting parties, viz: apples, peaches, pears, plums, quinces,

cranberries, prtmes, raisins, dates, figs, dried apples, dried peaches,

apricots, rice, beans, green beans, carrots, onions, parsnips, Irish

potatoes, sweet potatoes, tomatoes, turnips, beets, sugar beets,

peas, green peas, cabbage, cauUflower, endive, lettuce, spinach,

sauerkraut, barley, bran, buckwheat, com in ear, shelled com,

wheat, rye, oats, sweet com in ear, shelled sweet com, hominy,

dried sweet com, popcom in ear, shelled popcom, bluegrass seed,

broom corn seed, canary seed, cotton seed, castor oil bean, pine

tree products and vegetable oils, clover seed, timothy seed, hemp

seed, Hungarian grass seed, malt, millet, onion sets, orchard grass

seed, rape seed, red top seed, EngHsh walnuts, black walnuts, hickory nuts, Brazil nuts, pecans, almonds, filberts, coal, coke, Hme,

salt, sugar, tea, coffee, bulk spices, cheese, butter, oleomargarine,

lard, fresh and salt meats, fish, game fowls, flour, com meal,

chopped feed, pepper in bulk, and candy in bulk. Nothing in

this section shall apply to seeds and other articles in sealed packages. The provisions of this act shall in no way apply to goods

sold or bought in car lots imtil said goods are sold at retail. Whoever sells or offers for sale any article in this section enumerated,

in any other manner than herein specified, shall be deemed guilty

of a misdemeanor and upon conviction thereof, shall be fined not

less than $10 nor more than $100 for the first offense, and not less than $25 nor more than $200 for the second offense, or imprisoned not more than three months, or both.

1 For convenience in printing a slight change has been made in arrangement of these articles.
356 Laws Concerning Weights and Measures

sec^fJl''^^^^ The standard bushel of stone coal, coke and tinslacked lime,

stone^coaV^d itaf'"'' ^^^^^ Contain twenty-six hundred and eighty-eight cubic inches;

and the measure for measuring 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

fotirteen and one-tenth inches deep.

(^«<59. Sales of coal shall be by weight; and two thousand pounds

When 'coal sold by avoirdupois shall Constitute a ton thereof ; but where coal can not

weight; when by meas- 1 • i i i 111 , urement be Weighed, it may be sold by measurement.

Sec 6^2^^^^ Whoever sells stone coal in violation of this chapter shall be

seiiing coal in viola- Uablc to the pcrsou to whom such coal is sold and deUvered in

tion of provisions 111 -ri-iii-i • 1 -i • t treble damages. If the defendant m 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 selUng less than fifteen thousand bushels of coal annually.

Sec. 6422**^^ '^^^ standard of measurement for a bushel of charcoal shall be

meSfOT^ushS'of char- ^^^^^y"^^"^^^ hundred and forty-eight cubic inches.

*^*(rfi57 is I I to) "^^^ state dairy and food commissioner shall be state sealer.

Sec. 796s, amended, The standards of weights and measures adopted by the state

state' 'sealer and shall be deposited in a suitable room at Columbus, and be by him

aad measures

''^'^'^'^ kept in Suitable cases, to be opened only for the purpose of comparing them with such standards the copies which by law are furnished for the use of the several counties, cities 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 state dairy and food commissioner

shall, upon the passage of this act, and once every three years

thereafter, require each coimty 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 the dairy and food commissioner shall condemn

and destroy all of such standards as do not conform with the

standards adopted by the state. Each coimty auditor and

each city and village sealer shall be required to procure copies

of all the original standards adopted by the state named in sec- tion seven thousand, nine hundred and sixty-six of the General

Code, except such standards now in their possession as the state dairy and food commissioner shall find to conform with the

standards adopted by the state. It shall be the duty of the state dairy and food commissioner 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 per-
Ohio 357

formance of such duties he may use the services of any persons

employed under his department. The state dairy and food

commissioner or any person employed by him for that purpose

may try and prove any weights, measure, balance and any other

weighing or measuring device, on request from any person, and

when the same are foimd or made to conform to the state standards shall cause the same to be sealed and marked, as provided

in section two thousand six hundred and sixteen of the General

Code.

The state dairy and food commissioner or his deputy, or any ^^j^^^-^^^sji^ as^ mact- other duly authorized sealer of weights and measures or his dep- ^°P^. commissioner

-'. .° ^ or his deputy, etc., may uty, may mspect and test any weight, measure, balance or other mspect^and test scales, weighing or meastiring device, wherever the same is used, or*'^"''

*° maintained for use, and if such weight, measure, balance or other

weighing or measuring device is foimd to be false or fraudulent, or cannot be made to conform to the legal standard, the same shall

be condemned and confiscated by the said sealer or deputy sealer, confiscate, when Copies of the origuial standards of the following materials, secrgbf"^^

shall be procured by the state sealer for the use of each county for'^us^of cou^Hes^*^^ in this state, not already 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 cast iron, turned, polished,

and trimmed; and one-half poimd, one quarter pound, two ounce, one ounce, half oimce, and quarter oimce weights, troy, to be

made of brass; one brass yard measure, graduated into feet,

inches and tenths.

The state sealer shaU cause to be impressed on each of the le'vicf' on county copies, so to be delivered to the coimties, the letter "O," and^*^^*^^

such other device for each coimty as he directs before its deposit

in the coimty auditor's office. Such device shall be recorded in

the state sealer's ofiice, and a copy thereof furnished to the auditor

of the proper county.

The state sealer shall furnish like copies of the original stand- fie'co^pies to be fur- ards to the sealer of any city or village upon application therefor, ^^^^ *° and payment of the cost thereof, by such city or village.

The state sealer shall render accounts to the auditor of state l^ensw

of all moneys by him paid or liabiHties incurred in procuring

and deUvering copies of the standards to the counties; and the

auditor shall audit such accounts and draw his warrants on the

state treasurer for the amotmt he finds due, which must be paid
358 Laws Concerning Weights and Measures

by the treasurer out of any moneys to the credit of the general revenue fund.

Sec ^'^^t' '^^^^ '^^^ state sealer of weights and measures shall have charge of all

Inspection of gas and 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 foimd 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 meterprover tested.

igm) By virtue of his office, the county auditor shall be county Sec. 2615, amended i r

• t 1 11111 mip 1 *^county se°aier scalcr of wcights and mcasurcs 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 be strictly enforced

throughout his county and to assist generally in the prosecution of

all violations of such laws,

wfy'^io^^sfo The coimty sealer shall compare all weights and measuxes,

seSer -^weights meaS^ ^^"-'^S^^^ that purposc, with the copics of Standards in

ures. 'etc., m'ust be his posscssiou. When they are made to 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 state dairy and food commissioner, or any employee

of said commissioner detailed for that purpose, or by the county

sealer or by the sealer of the city or village in which the same is used

or maintained, 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 to be provided by said dairy and food commissioner

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 offense and for each subsequent offense

shall be fined not less than one himdred 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

final jurisdiction in such cases as in cases of violation of law relating to the adulteration of food and drink and dairy products.

Sec

261^''''^^ Wlien a county sealer resigns, is removed from office, or removes

County sealer shall from th(; countv, he shall deliver to his successor in office the

deliver copies to sue- , . 1 -i- • -r cessor Standards, beams, weights, and measures m his possession. In
Ohio 359

using and

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. In case of nesrlect or refusal to deliver such standards entire and sec. 2618

, , .1 . rr- • J. • • •! J.- • X Penalty for refusal complete, the successor m omce may mamtam 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. No surveyor shall give evidence in a cause pending in any of the |urveyo?s' chains, courts of this state, or before arbitrators, respecting the survey or and testimony 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.

If any person hereafter uses any weights, measures, or beams, in lena^uy" for weighing or measuring, which do not conform to the standards oi^H^^^^^^^^^^

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. The provisions of the preceding two sections shall not be wiien not to be en- 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.

Each county sealer of weights and measures shall appoint by (^^<5^. '^^f^^^'f^^- writing under his hand and seal, a deputy who shall compare Sec. 2622. as amended weights and measures wherever the same are used or maintained Deputy '

sealer'' ol 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 g^,,^ 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 Duties county sealer to assist in the prosecution of all violations of laws

relating to weights and measures. Each sealer may receive for his services, the following fees:

^tif^^^ For sealing and marking every beam, ten cents; for sealing and Fees 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.
36o Laws Concerning Weights and Measures

Sec.^«i8'

^""^^ mayor may appoint a sealer of weights and measures, who

Sealer of weights and shall hold office co-extensivc with the term of office of the mayor measures . , , , Cities and viuages who made Ms appointment, and until his successor is appointed

Appointment and , , ^/ ji •

-i r rv- term and quanned, unless otherwise removed from omce.

Qualification and The Sealer of weights and measures shall be a competent percompensation j^j. ^j^g 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,

o^ath Md 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 secvuity to the approval of the Mayor, and conditioned for

the faithful performance of his duties,

compirison with Icast once iu thrcc years, the sealer of weights and measures

county standards shall comparc the copy of standards in his possession with those

in the office of the county sealer.

sec.43?/,'i*'^ended The scalcr of weights and meastu-es shall compare all weights

%ompiisonk^dleai-^^^ measiu-cs, balanccs, weighing and measuring devices used in

tag of weights and the purchasc and sale of commodities with the copies in his posmeasures S . , Weighing and meas- session. Any wcights and measures, balances, and weighing and

uring devices, etc. . , . , . ^ . r-j-.- measuring devices having a device for indicating or registering the

price as well as the 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 indicaMay be seized, when tions are fouud to be falsc Or inaccuratcly placed either as to weight

or quantity or value.

sic.^i%o6^' Whoever, in buying or selling any property, or directing or per-

^seuing by taise mittiug an employe so to do, knowingly 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 steelyards for the purpose of weighing property,

knowingly reports a false or imtrue weight, or whoever uses in the

sale of a commodity a computing scale or device indicati_ng 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 fifty

dollars.
Ohio 361

Whoever sells and deUvers stone-coal except at legal weights sec^'^Uj'^^^^

and measures, shall be fined not less than five dollars nor more than ^^J^f ?°ai by

' 1 1 1 1 1 unlawful weights or fifty dollars or imprisoned not less than five days nor more than measures thirty days.

Whoever, in selHng berries or other small fruits, uses a measure (iSq4) " Sec. 1310= other than the standard dry measure bushel or a fraction thereof, Measure for small ' - - fruits shall be fined not less than ten dollars nor more than fifty dollars. Whoever, being a commission merchant, miller, dealer, grain sec '3109 . ' . . ' ' Si Miller, gram dealer, inspector, corporation, firm, association or person, or an oihcer, ei^. must^use standard agent or employe thereof purchasing or receiving wheat in barter

or exchange for flour, or otherwise, from the original producer,

his agent or employe, for testing or determining the weight, grade,

milUng or market value thereof, uses a measure other than the

standard half-bushel 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 treasury to the credit of the county fund.

WTioever makes, sells or offers to sell or dispose of, or has in his j^ifj'^ possession with intent to sell or dispose of, an article of merchan- Manufacture or sale ,1 1 1 1,1 goods improperly dise marked, stamped or branded with the words sterling or marked "sterling- or "sterhng silver," or incased or inclosed in a box, package, ^'""^s silver cover, wrapper or other thing having thereon an engraving or printed label, stamp, imprint, mark or trade-mark, indicating or denoting that such article is silver, sterling silver or sohd silver,

imless nine hundred and twenty-five one-thousandths parts of the

metal of which such article is manufactured is pure silver, shall be

fined not more than one hundred dollars. Whoever makes, sells or offers to sell or dispose of, or has in his ^ec. 13113 ... - ^ . Manufacture or sale possession with intent to sell or dispose of, an article of merchan- ^_^^g°°ds

_ improperly dise marked, stamped or branded with the word "coin" or "coin "coin suver" silver," or encased or inclosed in a box, package, cover or wrapper

or other thing, having thereon an engraving or printed label,

stamp, imprint, mark or trade-mark, indicating or denoting that

such article is coin or coin silver, unless nine hundred one-thousandths parts of the metal of which such article is manufactured

is pure silver, shall be fined not more than one hundred dollars. Whoever, with intent to defraud, constructs or uses a false meter 13127''''^ for measuring and registering the gas consumed under a contract , ,Making or using

... " ° ^ ° false gas meters with a gas company, shall be fined not more than five hundred

dollars or imprisoned not more than thirty days, or both.

Whoever puts up or packs goods or articles sold by weight, into s,e<f\%ls^^' a case or package, and fails to mark thereon the gross, tare aiid. ^^^uure^^ to^^^^*

net weights thereof in pounds and fractions thereof, or, with transfer of brands; re- intent to defraud, transfers a brand, mark, or stamp placed upon

^^"^^"^
362 Laws Concerning Weights and Measures 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 a quality inferior to those of

such manufacturer, shall be fined not more than five htmdred

dollars or imprisoned not more than six months, or both.

Gen. Code. 1910, p. mimicipal corporations shall have the general powers mensec

^^6^6' tioned in this chapter, and council may provide by ordinance or

poWlrs of municipal resolutiou for the exercise and enforcement of them.

^^U9ol°%>4. 1908) To regulate the weighing and measuring of hay, wood and coal.

To seiz^lfaise weights, and othcr articles exposed for sale, and to provide for the seizure,

forfeiture and destruction of weights and measures, implements

and appHances for measuring and weighing which are imperfect or

liable to indicate false or inaccurate weight or measure, or which

do not conform to the standards estabHshed by law and which are known, used or kept to be used for weighing or measuring articles

to be purchased, sold or exposed for sale.

^^Gen. Code, 1910, p. ^ manufacturer of flour or meal, or packer of meat, butter, lard

Sec sglf^^^ °^ other packed article sold by weight, under-marking the tare

Penalty for under- upon a hogshcad, cask, box or barrel, or part thereof, or placing marking

of flour, etc. tare on barrels ° 111 thercou 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 Hght weight was

occasioned after leaving such manufacturer or packer, if such

packing was done according to law.

Sec.

5998^°"'^^ Flour and meal shall be packed in well-made barrels of seasoned

wetght^and^ifre°'of ^^TMt)er, twcnty-scven inches in length, when finished, with a cut

t'^"^^ oi^o^': '0 behead 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 himdred and ninety-six pounds of

flour or meal, and the tare thereof shah 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. sggg'''^*^^^ A miUcr or mill owner shall brand or cause to be branded on the

brI5ided*on^b^ei ^^z^'^'^^ ^^^^ barrel or side of each sack the weight and quaHty of

the flour or meal contained therein, and the initial letter of his

Christian name and his surname in full; or if the mill is owned or operated by more than one person, then the name of such persons
I

Ohio 363

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 Penalty for the use of the county, and be liable to the person injured in

double the amount of damages sustained.

Barrels for beef or pork shall be made of sound, well-seasoned sec. elof

"""^^ white oak timber, clear of sap wood, twenty-nine inches in length, be^fo? pwk

''^"^'^^"'^ 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. Half barrels for beef or pork shall be made of sound, well sea- Regulation hali-bar- soned white oak timber, clear of sap, twenty-four inches in length, ^eis for beet or pork 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. A barrel of beef or pork, packed for exportation, shall contain weight"* of barrel of two hundred pounds of sound, clean, well slaughtered meat, that "

p""^"^

is well fattened. * * * When linseed, flaxseed or lard oil is sold by the barrel, without sec.^6^5'

'^^^^ a special agreement as to the measurement thereof, the standard ,ijj^^^'J,'ji°^j^2aiion of 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.

Inspectors shall inspect barrels intended for linseed, flaxseed or ^spg°t°(fj. ,0 ^^jgj^ lard oil, and, before filling them, ascertain the weight thereof and empty barrel and brand

wciglit tli6r6on 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.

A barrel of fish shall contain two hundred pounds, and a package

g^if^^^ or vessel, being or purporting to be a fractional part of such barrel, ^^^1^^^ ''^"ei of ash shall contain a like fractional part 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.

Manufacturers of salt shall have it sufficiently drained, and ^ (1S52) packed in good barrels made of good, soimd, seasoned timber; the Net weight to be head and bilge hoops to be nailed with not less than four nails in S« °^ barrels of 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

manufactory shall be marked with the net weight in figures,

directly imder the name, with good, durable paint.

A manufacturer refusing to comply with the next preceding sec- sec. 6021 tion shall forfeit for each offense the sum of fifty cents per barrel,

^ to be collected by any person in a civil action.
364 Laws Concerning Weights and Measures

Sec 6029

^^^ ^^'^ inspector of salt shall regulate the tare of barrels as follows

:

re^ reglfiate°d "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

{1830-1) weighing over four hundred pounds shall be tared at forty pounds.

Sec. 6036 Butter and lard shall be packed in tight and well seasoned firkins

Tare and net weight

, ,.. - to be^marked on butter or kcgs, ou each of which shall be marked with a marking iron, the

tare and net weight of the contents thereof. * * *

Tare and net weight Casks containing biscuits, packed for exportation, shall be of a

t^D be^marked on biscuit 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 Pot and pearl ashes, subiect to inspection, shall be placed in barDimensions, weight, ^ , ,

, ^ . , and tare oi pot and pearl rels of wcU scasoucd whitc oak or white ash, hooped with substan-

^ tial 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 pot ash 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^''^^ Manufacturers of soap and candles shall mark upon each package

Weight to be marked or box thereof offered for sale the name of the manufacturer, and on packages of soap and . .., , candles the net weight avoirdupois of the contents thereof, m legible letters

Penalty figurcs. A manufacturer neglecting or refusing to comply

with the provisions of this section or placing in such box or package

a less quantity than is marked or branded thereon shall forfeit one

dollar for each offense and pay the costs of prosecution. Foreitures collected hereunder shall be paid into the treasury of the

county in which they are collected.

Sec 6 ^'^^^ '^^^ label on paint sold by measure shall show the net measure

Net weight and of the coutcnts of the Container, and on paint sold by weight, the

measure to be marked .-i.i-.i j. j_ c J_^ 1 on packages of pamt net Weight of the coutcuts of the package.

Sec. 13168 Whoever violates any provision of law relating to the labeling

Penalty ^£ paiuts, mixcd 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 himdred dollars, or imprisoned not less thati thirty days nor more than one hundred days,

or both.

^^Gen. Code, 1910, p. ;gach pcrson, firm or corporation desiring to sell or offer for sale

within this state any feed stuffs shall furnish with each car load
Ohio 365

or quantity in bulk thereof, or affix to each package thereof in a sec.H?"*' conspicuous place thereon, a plainly printed certificate of thej^jj^ejehttobe^mar^a

number of net pounds in each car or quantity in bulk, or in each

package, the name or trade mark under which it is sold, the name

of the manufacturer or shipper, the place of manufacture and a

chemical analysis of the product to be sold * * * Bach person, firm or corporation who manufactures, sells or offers ^Gfa/codef°f9io"p.

for sale in the state a commercial fertilizer, which means any ^4^^^ ^^^^ enacted substance for fertilizing or manurial purposes, except barn yard by Laws, Ign, p. 12s. manure, marl, lime and plaster, shall affix to each package in a Fertilizer to bear

i ,1 • 1 ii e 1 1 • 1 statement of net weight conspicuous place on the outside thereof, a plainly 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 postoffice address. * * * Food, drink, flavoring extracts, confectionery or condiment shall ^°fg^s)^^° be misbranded within the meaning of this chapter: * * * sec. 5785 . ° ^ What 13 misbrandmg

3. If m package form, and the contents are stated in terms of of food, etc. weight or measure, they are not plainly and correctly stated on

the outside of the package; * * *. Whoever uses a standard measure of milk or cream other than 2,^TM- ^""^^^ that which is defined in this section, where milk or cream is pur- ^J'ylT'^'' chased by or furnished to creameries or cheese factories and where j^P|°^uy^for^use^oi

the value of such milk or cream is determined by the per cent of for miik or cream 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.

Whoever offers for sale or sells a milk pipette or measure, test pena,t^'^,or sale of tube or bottle which is not correctly marked or graduated as pro- '^i^eiy marked pipette vided in the next preceding section, shall be fined not less than

twenty-five dollars nor nore than one hundred dollars. The Chief inspector of mines and each district inspector shall j^^^"- p- receive his necessary and legitimate traveling and other expenses, ^'^^4. ^^^^-/^^fj^-

-f***- incurred in the discharge of his duties, not to exceed sixty-five dolg, ^ lars for any month. Itemized statements of such expenses ap-etc.

proved by the chief inspector, shall be filed with the auditor of

state. The expenses incurred in the purchase of weights, measures, and all instruments and chemical tests, for use in the discharge

of their duties, shall be paid on the certificate of the chief inspector,

from the contingent fund provided for his use.
366 Laws Concerning Weights and Measures

^^sec. go*' '^^^ district inspectors of mines are hereby invested with all the

saHonofdiSricrinspec^ authority of county auditors, as sealers of weights and

tors of mines, as sealers measures iu the different counties of this state. For services perof weights and meas- . , ^ , .1 , n • ,1 ures formed as such sealers, they shall receive the same compensation.

as coimty auditors when acting as county sealers, but shall exercise

such authority in connection with weights and measures only at

mines in their respective districts.

^°^g%l^^° The standard or imit of measure for the sale of illuminating gas

Sec. 9326 by meter shall be the cubic foot, containing sixty-two and three Illummatmg gas; -' ' o . unit of measure himdrcd twcuty-onc ouc-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.

(^^^7) No meter shall be set unless it is tested by a meter-prover, sealed

Meters to be sealed and Stamped as hereinafter provided. A company authorizing the

^enX^for failure to Setting of a meter, or allowing it to be used by a consumer of gas,

seal and stamp without being SO Sealed and stamped, shall forfeit and pay not less than twenty-five nor more than one hundred dollars, to be recov- ered upon the complaint of such consumer, in the name of the state,

before any court of competent jurisdiction.

sec^^*28

^^^'^ expense of the gas companies of this state, there shall be

Gas companies to fur- provided by the state sealer of weights and measures, at the Ohio

nis ce am apparatus ^^^^^ uuivcrsity, a Standard measure of the cubic foot, and such

other apparatus as in his judgment is necessary for the performance

of his duties under this chapter.

Sec ^93^2^9 ' Meters in use shall be tested on the request of the consumer, in

Meters; testing of his prcscncc, if dcsircd, 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 consumer, and the company shall furnish a new meter without charge to the consumer. No gas com- pany shall charge rent for meters.

Fee
OEXAHOMA

If any person with intent to defraud, use a false balance, weight ^^e^^^'

or measure, in the weighing or measuring of anj-thing vrhatever ^^^^^^''^'8'^'^ that is purchased, sold, bartered, shipped or dehvered for sale or

barter, or that is pledged, or given in payment, he shall be pimished 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 amovmt of damages.

Ever}^ person who retains in his possession any weight or meas- Rete^n is punish- ure, 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 \dolation of the last section, shall be pvmished as therein pro\T.ded.

Even,' person who is authorized or enjoined by law to arrest ^y^bfseized another person for Aaolation of the first two sections of this article,

is equally authorized and enjoined to seize any false weights or measures foimd 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.

The magistrate o to whom .1,^anv weight * or .... measure is delivered, , . ^ May be tested and pursuant to the last section, snail, upon exammation of the accused, destroyed 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 ^"^"^^"t cause it to be destroyed, or to be delivered to the district attorney

of the cotmty in which the accused is Hable to indictment or trial, as the interests of justice in his judgment require.

Upon the conviction of the accused, such district attorney shall fSirife destroyed, cause any weight or measure in respect whereof the accused stands '^^^'^ convicted, and which remains in the possession or tmder the control

of such district attorney, to be destroyed.

Every person who knowingly marks or stamps false or short l^t'^a mining laise weight, or false tare on any cask or package, or knowingly sells "'lights or false tare or ofi'ers for sale any cask or package so marked is guilty of a misdemeanor.

A ton of hay shall consist of two thousand pounds; or, by ^y^^tonof

measurement, three hundred and forty-three cubic feet, after the

367
368 Laws Concerning Weights and Measures

Sec. 8888 Perch of stone

Laws, 1910

Sec. I Bushel weights

same shall have been stacked thirty days, or such time as may be

agreed upon between the parties.

A perch of mason work, or stone, is hereby declared to consist

of twenty-five feet cubic measure. 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 the following number of poimds, viz.:^

Salt Mineral coal Com in shuck

Cam, unshelled Wheat

Beans

Peas

Split peas

Irish potatoes Clover seed

Alfalfa and alsike (or Swedish)

seed Onions

Rye

Com, shelled Flax seed Green peas (unshelled)

KafiBr com

Sweet potatoes Buckwheat

Carrots Rutabagas

Com meal

Millet Sorghum seed Rape

Barley

80

80

727060

60

60

60

60

60

60

5756

56

S656

56

55

525°

50

SO

50

50

50

Apples

Peaches

Pears Cucumbers

Hungarian grass seed. Broom com seed

Castor beans Tomatoes Timothy seed

Parsnips

Hemp seed Common ttunips

Bermuda grass seed . . Malt Osage oranr^e seed. . .

.

Dried peaches

Oats Cotton seed Top onion sets Dried apples Peanuts Bran

Blue grass seed Red top seed Orchard grass seed . .

.

Coke

48

48

48

4848

48

46

45

454444

4240

3836

3332

322824

2220

14

14

14

'2,680 Charcoal ^2,680

Comp. Laws, 1909

A ton shall consist of two thousand (2000) pounds of the article or commodity named.

. , . The office of public weigher is hereby established and consti-

^^slc^lhf^' tuted one of the regular cotmty officers for the several counties

iic'weigh?r°^*^^°'^"*'"of this State, and all persons elected to such office at the general

election held in 1907, are hereby declared to be public weighers for

their respective counties and shall hold their offices until the

expiration of the terms of the county officers elected at said elec- tion. * * * At the general election in 1908, and each two

years thereafter, the qualified voters of the county shall elect some person to such office and the term of such office shall expire

at the time of the expiration of other county officials. No person shall be eligible to the office of pubHc weigher who

is not at the time of his appointment or election a legal voter,

resident in his coimty.

Sec. 1828 Who eligible

1 For convenience in printing a slight change has been made in arrangement of these articles.

' Cubic inches per bushel.
Oklahoma 369

Sec. 183

1

Office, etc

The public weigher may appoint one or more deputies in each Depu^^weighera

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 Act; * * * 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 further, all deputy weighers appointed imder the provisions

of this Act shall, before entering upon the duties of their offices,

be approved by the board of county commissioners.

The pubhc 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 of Oklahoma 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, scales to be provided shall the State of Oklahoma become liable for the cost thereof. It shall be the duty of the sheriff of each county, in person or by l^^g^f^^' j^gpg^, his regular deputies, to inspect and test all scales used by the scales used by weigher

public weigher or any deputy weigher and such scales shall be

tested with the United States standard weights, and such sheriff

shall place his seal upon all such tested scales, at a 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, and 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 true condition, shall be deemed guilty of false swearing, and

8578°—12 24

Violation; penalty for
370 Laws Concerning Weights and Measures

upon conviction shall be piinished by 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 cominspecting pensation for inspecting any public scales of any such pubUc

weigher, or deputy weigher, the sum of one dollar for each scale

inspected; and Provided, further, that if as many as five citizens

sign a written request to the sheriff designating any public scale

and asking for an official inspection thereof, such sheriff shall

Special test of scales comply with such request and make such inspection and test at any

time, not oftener, however, than once each thirty days, and the

fees aUowed for such special inspection and test shall be the same

as above provided.

Duties^oi It shall be the duty of every pubhc weigher or 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, Uve stock, hay, cotton seed, coal, wood, broom com, and all other farm products sold by weight, and such articles shall be

weighed by such weigher, in the order in which they are received,

and he shah 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 pectiharity

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 weight shall be signed by the

official weigher, and all such weights when so made by the pubHc

weigher shall be taken as the legal weight of any commodity mentioned in this section.

|^-g^834 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, 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

dming the day upon which article is weighed. Provided, That

the 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 cotmty weigher at the close of the month. The
Oklahoma 371

books and records of all county weighers or deputy weighers shall at all times be open to inspection by any citizen.

The purchaser of an article, weighed upon the official scales of weigwVare official; any public weigher or deputy weigher, shall receive and accept pTM^'^

such weights as official and correct; Provided, 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, and no other person shall hold themselves out as a public weigher. No person shall be appointed as county weigher

or deputy weigher or weigh for the public who is in any wise interested as a dealer or speculator, or as an agent or employee of any

firm, company or corporation, in the sale or purchase of cotton,

grain, live stock, hay, cottonseed, coal, broom-corn, and all other

farm products sold by weight; provided, that wherever and whenever cattle are bought or sold, either for shipment or slaughter, and

the buyer or seller shall so demand, 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 inclosure around his scales, so that cattle can be weighed

in lots of five or more at one draft. Any person or persons, firm or corporation, who shall violate any of the provisions of Section ten

of this act [this section], 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; Provided, that nothing in the provisions of this act shall be construed so as to prohibit any farmer or producer from weighing his own products. Provided, further, that

this act shall not be construed as to require the weighing of vegetables, poultry, eggs or dairy products. 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.

Any public weigher or deputy weigher violating any of the pro- fe'jia'i^fes visions of this act, or refusing to receive and weigh any commodity

herein, or who incorrectly weighs the same shall be deemed guilty Fraudulently increas- of a misdemeanor, and upon conviction shall be fined not less than

""^^^^^

$10, nor more than $100, in the discretion of the court; if convicted in the district court, 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, or 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
372 Laws Concerning Weights and Measures

ginner of cotton or 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 $io, nor more than $ioo, and upon

the second conviction any such person shall be, in addition to said

fine, confined in the county jail not less than thirty (30) nor more

than one hundred and twenty (120) days. Any public weigher or deputy weigher, or any other person who knows of the perpetration

of 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 or weigher to a fine of not less than five ($5) nor more than twentyfive ($25) dollars. Any person, firm or corporation, who in violation of provisions of this act weigh any of the products mentioned

herein for other persons, and who exact or receive any charges

therefor, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than ten ($10) nor more than one himdred ($100) dollars; Provided, however, that any person, firm, or corporation may weigh any product for any other person ; Provided, such person, firm or corporation so weighing is a bona fide

purchaser of such product, but no charges shall be made or received

for such weighing, under the penalty aforesaid, and provided further, that this shall not be construed to prevent any person or

dealer from weighing their own products,

comp. Laws, 1909, p. The couucil may prescribe rules for the weighing and measur-

^''sec. 691 ing of every commodity sold in the city, in all cases not otherwise

wSghfs"and 'measures 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.

(Applicable to cities of the first class.) ^

Sec. 2476 Every person who, in putting up or pressing any bundle of hay

Omitting to mark hay market, omits to put the number of pounds in each bimdle or

bale so put up, for which he sells or offers to sell it, is guilty of a

misdemeanor.

Sec. 2477 Every person who by putting up in any bag, bale, box, barrel or

of bainreisi"borelTtI?''' 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, barrel or package, is pimishable by

a fine of twenty-five dollars for each offense.

1 Cities of 2,000 population or more may become cities of the first class upon petition of 35 per cent of

electors.

i
Oklahoma 373

It shall be the duty of all ginners or gin owners in this state to brand and number and place thereon the weight of each bale of ^^S:^574

. ^ . . ° Cotton to be branded, cotton ginned at then: respective gins. * * numbered, and weight

<=> i- ^ _ marked Any person, firm, company or corporation operating a gin ffg^jj^^f^' within this state who shall fail to comply with the provisions of this

act shall be guilty of a misdemeanor and upon conviction shall

be fined not less than twenty-five nor more than one hundred

dollars

The term concentrated commercial feedingso stuffs,' as herein cn. 113, p. 247 used, shall include wheat bran, wheat shorts, Hnseed meals, cotton see i

^ ^ ' ' ,, -1 Concentrated com- seed meals, pea meals, cocoanut meals, gluten meals, gluten feeds, merdai feeding stuffs— maize feeds, starch feeds, sugar feeds, dried brewer's grain, malt^ a mcu e

sprouts, hominy feeds, cereal feeds, com and oat chops, com

chops, rice meals, rice bran, rice poUsh, rice hulls, alfalfa meals,

oat feeds, ground beef or mixed fish feeds and all other materials

of similar nature not included in section i of this act. The term concentrated commercial feeding stuffs as herein used i^- = . . , ^ ^ 11-1 - 111 1-1 • 1-1 Same, what excluded shall not include hay and straw, the whole seed or grams of wheat,

barley, rye, oats, Indian corn, rice buckwheat, or broom com or any other whole or unground grain or seed.

Every lot or parcel of concentrated commercial stuffs as defined ^^.^

in section i, of this act, used for feeding farm five stock, sold, '<> marked offered or exposed for sale in the State of Oklahoma for use within

this state, shall have printed on a tax tag, * * * g, plainly

printed statement clearly and tmly certifying

:

(a) The number of net pounds of feeding stuff in the package;

(d) The name and address of the manufacturer or importer;

5i: It shall be unlawful for any mine owntr, lessee, or operator of comp. Laws. 1909, p. coal mine in this state employing miners who are paid by the

quantity of coal mined by them to use any other than a recognized weighing same; pen- standard scale or to pass the out put of coal mined by said miners, ^''^ over any screen or any other device imtil 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, as fixed by

the law of Oklahoma; * * * and any owner, agent or operator

of any coal mine in this state 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

himdred 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.
374 Laws Concerning Weights and Measures

Weinman, oath of weighmeii employed at any mine shall, before some person

authorized to administer oaths, take and subscribe to the oath

(or affirmation) as prescribed by the constitution, to do justice between the employer and employee and to weigh truly and correctly

the output of coal from the mines as herein provided.

^he^k weighman, miners employed by or engaged in working for any mine

rights of owner, operator or lessee of any mine in this state, sha.ll 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 as the regular weighman, who shall

subscribe to the same oath (or affirmation) as regular weighman.

Said oath or affirmation shall be kept conspicuously posted in the

weigh office, and any regular 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 check

weighman, in the discharge of his duties, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than one hundred ($ioo) dollars, nor more than five hundred dollars for

each offense, or by imprisonment of not less than thirty days nor more than six months, proceedings to be instituted in any court

having competent jurisdiction. Whenever the commissioner of

labor shall 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, and upon conviction therefor shall be punished as provided in this section.

L^wsiisfit^*TM^'^^'^' Every owner, operator or agent of any coal mine in this State

standard scales 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 accurately weighed all coal coming out of such

mine or mines before being screened or placed in railroad cars ; and

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 any owner, agent, operator, person or persons, having

or using any scale or scales for the purpose of weighing the product

of the miner's labor, and so arranges or constructs said scale or

scales, or by any contrivance therewith connected causes any

Fraudulent weighing fraudulent weighing of such coal or said product, or who shall

knowingly resort to, permit or employ any person or means whatever, by reason of which said product of the miners' is not cor- rectly weighed and reported in accordance with the true weight

and the provision 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 ($200.00) dollars, nor more than five hundred ($500.00) dollars, or by imprison-
Oklahoma 375

ment in the county jail for a period of not less than sixty (6oj days

nor more than six (6) months, or by both such fine and imprisonment, at the discretion of the court. The chief mine inspector or assistant mine inspector, shall be toi^on of mine ex-officio inspector of weights, measures and scales used at coaP'^*'®^ mines, and he or either of them is hereby empowered and it shall

be his or their duty to test all scales, correctly measure the weight

of such coal, and if defects or irregularities are found, and 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 the owner, agent or operator of any

coal mine in this state 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 for

each offense and upon conviction therefor shall be fined not exceed- ^^^^^ ing five hundred dollars or be confined not exceeding six months

in the county jail, or both in the discretion of the court, and it shall

be the duty of the prosecuting attorneys in their respective counties to prosecute any person, firm, or corporation, violating the

provisions of this section, the same as in other misdemeanor cases. * * * All scales used for the weighing of property in public ^^l^^^^^'

warehouses shall be subject to examination and test by any duly g|.P^^'^=j(gjj''^''e*»<'"se authorized inspector, the expense of such tests by inspector to be

paid by the warehouse man 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.

A violation of any of the preceding provisions of this act * * * vloiauon; misdeby any warehouseman, owner, lessee, manager or employee ofTM®^"'

public warehouses created by this act is declared a misdemeanor,

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.

Whenever any coal is shipped over any common carrier from^g^omp.^ Laws, ^^909 any point within the State of Oklahoma to any other point within p. 277 '

' the said State, the common carrier transporting such coal shall sm of lading tor coai issue a bill of lading stating the true weight of the coal so trans-

^^""^ ^^^^^^ ported.

When said coal arrives at its destination, the said carrier shall coai wtighed at des- cause the same to be weighed at that point, provided it has scales "^^buity for shortage 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
376 Laws Concerning Weights and Measures

and the point of destination, and if the weight of said coal at the

point of deUvery is less than the weight set out in the bill of lading,

the carrier deUvering 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 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 Une, 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 evidenced by any

receipt, judgment, or transcript thereof.

COTiMcting lines ^^^^ ^'^7 ^^^^ 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.

Refiisii to weigh; <^3,se the Carrier shall fail or refuse to weigh said coal at its

consignee may weigk, 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 act for any shortage between the actual

quantity 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 poimds per ton shall be deducted

from the weight.

Re'cusli to weigh -^^Y ^S^^^> scrvaut or employee of any carrier who shall fail or

Penalty rcfusc to weigh any coal at its point of destination, or shall knowingly or wilfully 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 dollars 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.

iSpments 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
Oklahoma 377

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 act shall apply thereto

in the same manner as if the shipment originated within this State. In case any contention shall arise between the consignee and incale'oi dispute over the carrier in regard to the shortage of coal on any car, the car shall shortage be weighed first while loaded and then the empty car shall be

weighed again and the actual gross and net weights shall be ascer- tained, and the stencil weight of any car marked thereon shall not

be taken in any case as a true weight of said car. The State Board of Agriculture shall be charged with the duties ^ifap"; p\I^'

'''°* of enforcing the provisions of this act. I^^c-^^ '^^ Agriculture Mill products hereinafter mentioned shall have the following to enforce act standard weights: Barrels of flour, in wood, one hundred and standard weights ninety-six (196) pounds net; half barrels, in wood, ninety-eight

(98) pounds net; one-fourth barrels, in sacks, forty-eight (48)

pounds gross; one-eighth barrels, in sacks, twenty-four (24)

pounds gross. Com meal, in sacks, thirty-five (35) pounds gross;

half sacks, seventeen and one-half (17K) pounds gross; onefoiirth sacks, eight and three-fourths (8^) pounds gross. And

all feed made from cereals of any kind, whether pure, mixed, or

adulterated, one hundred (100) pounds per sack gross. The correct name and true weight of the contents of each and vieim every barrel, box, sack, bale, cask or package of any of the fore- stamped on package going products, whether sold in single packages or lots, shall be

plainly marked, branded, or stenciled in letters and figures, not

less than two (2) inches in length and not less than one-eighth

{yi) 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 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 exchange any such product so packed

or contained until the provisions hereof have been complied with.

If any person shall knowingly violate the provisions of this act,

he shall be guilty of a misdemeanor, and on conviction thereof vioiation shall be fined in any sum not less than twenty-five dollars ($25.00) , Penalty nor more than one thousand dollars ($1 ,000.00) , and each violation

shall be deemed a separate offense, which fine or fines shall be separate offense recovered in any court of competent jurisdiction, without bond or advance costs. Any manufacturer,' dealer or other person who shall impede, |f;-5

. ^ f ' Obstructmg mspec- obstruct, hmder or otherwise prevent or attempt to prevent any tors inspector or other person in the performance of his duty in connec-
378 Laws Concerning Weights and Measures

tion with this act shall be guilty of a misdemeanor and shall, upon

conviction, be fined not less than twenty-five dollars ($25.00), nor more than one htmdred dollars ($100.00).

leizure of products member of the Board of Agriculture shall have the privifor violation lege of Seizing any mill product and cereal sold in the 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 residence 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 and cereals be

seized to satisfy the claim and pay the costs of the suit.
OREGON

The weights and measures, together with the scales and beams, Bellinger and Cot- and those made in conformity therewith, which are now or maytiUe^j^chlefp.'iYTr^'

hereafter be deposited in the treasury of this state, shall be Itaidards estab- preserved by the treasurer and be the pubHc standards in this"^^^* state. The treasurer of the state shall be the sealer of weights and Treasurer of state to 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

treasvirer and found to be in conformity with the standard weights

and measures, scales and beams, aforesaid.

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.

Whenever wheat, rye, Indian corn, oats, barley, clover seed,

buckwheat, dried apples, dried peaches, potatoes, or pears shall be

sold by the bushel, and no special agreement 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 : ^

Sec. 4619 Hundredweight

Sec. 4620 Weight ol bushel

Wheat

Clover seed

.

Rye

Indian corn. Oats Barley

Lbs. per bush.60

60

56

56

3246

Buckwheat. ., Dried apples. Peaches

Potatoes Apples

Pears

Ivbs. per bush. 4228

28

60

4545 The half bushel and parts thereof shall be the standard measure

for charcoal, 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 special effort or design.

Sec. 4621 Half bushel

• For convenience in printing a slight change has been made in arrangement of these articles. 379
38o Laws Concerning Weights and Measures

Dtaiensions of a hop ^op t>ox shall be thiily-six inches long, thirty inches deep, and

eighteen inches wide, measurement upon the inside, and shall

contain nineteen thousand four hundred and forty (19,440) cubic

inches.

ushig^flise weights, pefsou shall knowingly use any false weight or measure,

etc. 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.

^

Laws, 190S, ch. 137, 'That a box of hops for picking purposes shall contain fifty pounds

Weight of hops weight and no more.

^ scss. Laws, 1911, ch. Thcrc is hereby created and established a standard size for apple

Sec.' I boxes for the State of Oregon.

standard apple box "

Sec. 2 The standard size of an apple box shall be eighteen inches long.

Dimensions of , . , , i eleven and one half mches wide, ten and one half mches deep,

inside measurement,

ipeciai size of box That the spccial size of apple boxes shall be twenty inches long,

eleven inches wide, and ten inches deep, inside measurement.

179,^!' 289^^' It shall be unlawful for any person, firm, association, or corpose'^-^ ration to sell, offer or expose for sale any short weight butter

ron^prtot w'sq^a're re^^'^^^^^^ State of Orcgon. All buttcr sold, or exposed or offered

quired for salc iu roUs, prints or squares within the State of Oregon shall

quired he plainly narked, "eight ounces, full weight," "sixteen ounces,

full weight," "twenty-four ounces, full weight," or "thirty-two

ounces, full weight," and every roll, print or square sold, or offered or exposed for sale shall contain the number of ounces marked

Violation; penalty thcreou; and 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 punished by a fine of

not less than $25.00 nor more than $100.00, or by imprisonment in

the county jail for not less than thirty days nor more than six

months, or both such fine and imprisonment.

^

Laws, 1905, ch. 209. Hvery square or roll of butter kept exposed or offered for sale or

Weight of butter statc of Orcgou shall contain not less than eight

ounces, sixteen ounces, or thirty-two ounces, and each square or

roll shall be plainly marked with the number of ounces they contain.

^Laws, 1907, ch. 10. (-^^ Every lot, parcel, or package of commercial fertilizers or

fertilizers- weight to ^^tcrials to bc uscd for mauurial purposes (excepting the excreta

be marked in package of domestic auimals) sold, offered or exposed for sale within this

state, the selling price of which exceeds $5 per ton, shall be

accompanied by a plainly printed label, stating the name, brand

and trade mark, if any there be, under which the fertiUzer is sold,
Oregon 381

also the number of net pounds of fertilizer contained in the packages, the name and address of the manufacturer, importer or

dealer, the place of manufacture * * * _ Any party selling, offering, or exposing for sale, any commercial ^^^y^y fertilizer without the statement required by section one of this act, or with a label stating that said fertilizer contains a larger percentage of any one or more of the constituents mentioned in said sec- tion than is actually contained therein, except as provided for in

section four, or respecting the sale of which all the provisions of

this act have not been fully complied with, shall be deemed guilty

of a misdemeanor, and upon conviction thereof before any court of

competent jurisdiction, shall forfeit and pay to the state of

Oregon the sum of one hundred ($100) dollars for every such

violation. * * * por the purpose of this act an article shall be deemed p^^f

^' to be misbranded. scc. 2 JuiSDranded food 3d. 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 or container in English words.

It shall be unlawful for the owner, manager, agent, or any Laws. 1905. p- 3S5 employe of a creamery, cheese, or condensed milk factory to sabrack test, false manipulate, or under-read or over-read the Babcock test, or any uTM^TM'"^'""* 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.
I
PENNSYLVANIA

Duties

No state office shall be continued or created for the inspection ^""'"'(^^j)TM

or measuring of any merchandise, manufacture, or commodity; fnspeJtion of mer- but any coimty or municipaUty may appoint such officers, when c^andise authorized by law.

That the estabHshment of a Bureau of Standards be and is hereby ^p^^- Laws, ign. p. authorized, in the Department of Internal Affairs of Pennsylvania, "sec. i J • J

• • !• jii Bureau oj standards for the purpose oi regulating and mamtammg a uniiorm standard Department oi inter- of legal weights and measures in this Commonwealth, to conform Le^af'^weights and with the original standards of weights and measures adopted byTM^^^""^

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.

That as soon as practicable after the final passage and approval jj^^ bureau of this act, the Secretary of Internal Affairs shall appoint a com- °' standards petent 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 pm--

pose ; 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 imder 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 said Bureau of Standards shall receive a salary of two thousand dollars per annum, payable as other

employees of said Department are now paid, and all necessary

383

Annual report

Salary
384 Laws Concerning Weights and Measures

expenses incurred in the discharge of his official duties imder this

act. The Secretary of Internal Affairs may 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,

if"- i ^ . I That in order to carry this act into effect, it shall be the duty of

standard of weight, , ^ n- • c -i • r\ 11

length, and capacity 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 estabAppropriation lished 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.

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.

I^enses That the sum of three thousand six hundred dollars is hereby

Appropriation specifically appropriated for travehng and other contingent

expenses of said Bureau of Standards, for the two years commencing June first one thousand nine hundred and eleven, or so much

thereof as may be necessary.

TAzSrv%i2^''^°°'^ '^^^ standard of liquid measure shall be the gallon, to contain

Sec 2

^^^^''^ hundred and thirty-one cubic inches, of the standard aforesaid,

Measures of capacity and uo morc; and the standard of dry measure shall be the bushel,

to contain two thousand one hundred and fifty cubic inches and

forty-two hundredths of a cubic inch, of the standard aforesaid,

and no more.

it^dard gallon and shall bc the duty of the governor to procure, within three years

'"'s^^' after the passage of this act, for the use of this commonwealth, a standard gallon and bushel, to conform to the provision of section

second of this act, the material of said standard to be of cast brass.

HoVstandards to be shall be lawful for the governor of this commonwealth, when

verified he shall dccm it expedient, to have tested the conformity of said

positive standards of measure and weight to the foregoing provisions of this act, or to the natural invariable standards hereinafter

provided; and if congress shall at any time hereafter establish

standards of weight and measure, the standards aforesaid shall be

made to conform thereto.

itoidards to be fur- shall bc the duty of the governor to provide, within three years

Dished to counties after the passagc of this act, for each of the counties of this Commonwealth, at the charge of the cotmties respectively, positive

' See P. L., 1911, act 842, sec. i, p. 383, this work.
Pennsylvania 385

standards of measures of length, of capacity and of weight of the

several denominations in common use or such of them as may be

necessary for the accurate and convenient adjustment of weights

and measures, said standards to be of approved construction carefully compared with the State standards aforesaid, and made of

the same material, and having caused the same to be duly stamped,

to have them deUvered to the commissioners of the counties re- spectively, to be used as standards for the adjusting of weights and

measures and for no other purpose.

It shall be the duty of the commissioners of the respective coun- Ix^^atjou jorrec- ties, at least once in every ten years and oftener if they have reason "on. and renewal to believe it necessary, to cause the standards of the respective

county to be examined and tried and if necessary, to be corrected

or renewed according to the standards of the Commonwealth heretofore referred to. The governor of this commonwealth be and he is hereby author- j/^*-'*^ ized to have prepared standards of weight, measure and capacity, ^jGwernor to procure specified in the act of assembly, passed April 15th, 1834; and he

be authorized to carry into effect the provisions of the said act as soon as practicable.

The secretary of the commonwealth be authorized and directed ^ (-'^43) to procure, as soon as practicable, suitable cases for the standards standards to counties of weights and measures now in his office, ^ and to prescribe and

pubhsh the terms upon which standards, of approved construction,

carefully compared with the state standards aforesaid, shall be

furnished to the commissioners of the several cotmties of the commonwealth, according to the directions of the act of 1 5th of April

1834, entitled "An act to fix the standards and denominations of measures and weights in the commonwealth of Pennsylvania."

The original standards of weights and measures furnished by sec. i/''^''"^^ the United States, and now in the office of the secretary of thej^^g'^^ng^^'^o'^easea

commonwealth,! shall remain in the case provided for that purpose, which shall only be opened imder the direction of the governor or the said secretary, for the sole purpose of comparing such

standards with the copies hereinafter described, unless by a joint

resolution of the two houses of the legislature, or on the call of

either house, or by permission of the governor, for scientific

ptnposes.

Copies of such original standards, for general use, to be made copies to be trans- of such materials as the governor and the said secretary shall ^JJ^^tus'" several direct, shall be transmitted by them, on application therefor, to

the cormty commissioners of each county in this commonwealth.

1 Care of standards transferred to the Chief of the Bureau of Standards by act 842, sec. 2, P. L., igir. 8578°-i2 25
386 Laws Concerniiig Weights and Measures

at the expense of the several counties to which the same are sent,

and not otherwise.^

How'stamped '^^^ ^^^^ Secretary shall cause to be impressed on each of the

copies of such original standards the letters Pa., and such other

additional device as he shall direct for the particular county;

which device shall be recorded in the secretary's office, and a copy

thereof transmitted to the respective coimty commissioners. ^ U84s< 1S83) It shall be the duty of the coimty commissioners receiving such

Verification of county standards as aforcsaid, and their successors in ofl&ce, in every five

years, and oftener, if they shall have reason to believe it necessary, to cause such standards so received by them or their predecessors in ofl&ce, to be tried and examined, to be corrected or renewed, so as to conform exactly to the standards prepared

according to act of congress, and deposited in the office of the

secretary of the commonwealth as aforesaid.

Sec.

18^^*""'^ All laws and supplements thereto, providing for the appointActs for appointment jTQent of scalcrs of wcights and measures in this commonwealth 01and

sealers measuresor repealed weights be and they hereby111 are repealed.^

True^meridian to be The coimty commissioncrs of the several cotmties 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 inahenable property belonging to

the county, or on 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 fine, and a fijxed

standard measure, of two or four pole chain, agreeing with and

made after the measure of the standard yard now in the ofl&ce of

the secretary of the com^monwealth ; and the cost whereof to be

paid out of the respective coimty treasuries.

Notice thereof to be When the said true meridian fines, and the measures of the said

fuir'the^'^compasles standard two or four pole chain, shall have been so marked and

b^^gs^^fo^^be established as aforesaid, the said county commissioners shaU give

noted in surveys pubfic uoticc thereof, in onc or more newspapers of their respective

counties, or otherwise, for at least three successive weeks; and it shall be the duty of every land stirveyor 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 fines, and to ascertain the variation of its needle

from the true meridian, and his chain by one of the said measures

, ' This act was repealed by the act of Mar. 22, 1859, sec. i, P. I<. 198, as to the cotinties of Franklin, Lancaster, Montgomery, Bucks, Berks, Lehigh, Dauphin, and Westmoreland. But its provisions were again extended to Montgomery County, by the act of Feb. 20, 1867, P. L. 233, and to Dauphin County by the act

of Feb. 20, 1872, P. L. 121. The act of 1845 was also repealed as to the counties of Lebanon, Adams, Washington, Ctunberland, and Perry by the act of Apr. 2, i860, P. L. 511; and as to the county of York by the

act of Feb. 23, 1858, P. L. 44. By the act of Apr. 3, 1867, P. L. 692, the commissioners of Northampton

County were required to obtain copies of the standards, as provided by this section.

^ This office, however, still exists in some municipalities by virtue of ordinance. (See Ambrose v. Murphy, 52 P. L. J. 198, 1904.)
Pennsylvania 387

of the said standard two or four pole chain. And the said sur- veyors shall thereafter, in all their returns of surveys, or writings

concerning surveys of land, and lines run by the compass, note the

bearings or coiurses 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. Any surveyor, after notice given as required by_ the provisions se-j^^^jy of this act, who shall neglect or refuse to comply with the require- with unadjusted com- ments of this act, by making any survey with an unadjusted com- Penalty pass 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. It shall be the duty of the commissioners of the several counties Duties ot comnns- 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 variation 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.

The denominations of linear measure of this commonwealth, sec.

23^'*^''^ whereof the yard as heretofore provided is the standard unit, with,, ^^'^oTM'"^*'*"^; 1-1 riiii r It linear measure 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.

The denominations of superficial measure of this commonwealth, of*^superflciai meas- 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.

The denominations of liquid measure of this commonwealth, £fqu?|,

whereof the gallon as heretofore provided is the standard unit,

with 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.

1 measure
388 Laws Concerning Weights and Measures

Barrel Hogshead

Pipe Tun

Sec. 26 Dry measure

Bushel Peck

Thirty-one and a half gallons make one barrel.

Two barrels make one hogshead.

Two hogsheads make one pipe.

Two pipes make one tun. 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 the diameter of the bottom.

The denominations of weight of this commonwealth, whereof

the troy poimd 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.

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.

^ From and after the passage of this act, the standard weight of

weilSt of a cord of a cord of hcmlock, oak or other bark, when sold by the cord or

bcirk ton, shall be two thousand pounds for each and every cord, and

two thousand pounds for each and every ton. The standard measure of charcoal shall be two thousand five

hundred and seventy-one cubic inches for each and every bushel

thereof, and when sold by weight a bushel shall be eighteen

pounds (commercially dry) for all hard wood, and fifteen pounds

(commercially dry) for all soft wood.

All other acts or parts of acts inconsistent herewith are hereby

repealed.

From and after the passage of this act the standard weight of

pe^busher^*^' ^ bushcl of clovcr sccd shall be sixty poimds.

s»^g3^ All acts or parts of acts inconsistent herewith are hereby

repealed.

IzVpounds avoirdu- after the first day of July, Anno Domini one thousand

anthracite^ai^ "'eight hundred and ninety-five, two thousand two hundred and

forty potmds avoirdupois shall make and constitute a legal ton

Sec. ay Troy weight

Pennyweight Ounce

Pound

Sec. 28 Avoirdupois weight

Ounce

Pound

Quarter Hundredweight Ton

U801)

Sec. 30 Charcoal measure

Weight per bushel

Sec. 31 Repeal

Sec. 32USqs)
Pennsylvania 389

of anthracite coal throughout this commonwealth in all trans- actions between retail coal dealers and their customers.

Any person, firm or corporation guilty of violating the provi- f^^^^ ,^33 ^ sions 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 Uable to a penalty

not exceeding fifty dollars, recoverable as like penalties are within this commonwealth: Provided, That in all cases forty Tolerance pounds shall be allowed for the variation in scales. All fines recovered under this act shall be paid to the treasvirer

of the county wherein the action is brought.

All laws or parts of laws inconsistent with or contrary to this |ep^

act are hereby repealed.

From and after the first day of May next, stone coal brought Bpge'rvoU.^so""'"

from any mine situate within the State of Pennsylvania, to the sec.

38^^^''''' city or coimty of Philadelphia, for sale, shall be disposed of ^J^^^^x^ll^^^f.

weight or by the bushel measure, and if by the latter, each bushel deiphia shall weigh at least eighty pounds ; and so when the same is re-sold,

whether by wholesale or retail, it shall in hke manner be sold by

weight or measure, if by the latter, the bushel shall contain at

least eighty poimds, and in the same proportions for any greater

or less measure.

If any person or persons selling coal by the bushel, or by any pen^?y for vioiaUon greater or less measure, shall not give at least eighty pounds for°*^"^ each bushel so sold, and so in proportion for any greater or less measure, such person or persons shall for every such offense forfeit and

pay five dollars, to be recovered in the same manner as debts for

the same amount are by law recoverable, one-half to be paid to

the guardians or overseers of the poor of the city, district or township, where the offense is committed, and the other half to the

person prosecuting for the same. Whereas, it has become absolutely necessary, for the better pro- l^^bie

tection of the citizens at large, as well as for the honestly disposed

dealers, that some measure be taken to prevent fraud and secure

fair and honest competition in the retail coal trade in the city of

Philadelphia; therefore.

On and after the first day of November, one thousand eight hundred and seventy-one, the legal standard ton for anthracite coaL. s'^"^"* °' 1111 1 1 111 II- 1 -1 • "iracite coal in Pnlla- shall be two thousand two htmdred and forty potmds avoirdupois deipwa

weight.

For the purpose of carrying into effect the provisions of this act, luy divided into the city of Philadelphia shall be divided into three districts; the t^^^^^j^^i^tg^ first district shall comprise all that portion of the said city lying
390 Laws Concerning Weights and Measures

south of the south side of Chestnut street; the second district

shall comprise all that portion of said city north of the south side

of Chestnut street, extending to the south side of Girard avenue,

and also to the south side of the track of the Pennsylvania railroad

west to the intersection of Girard avenue therewith ; the third district shall comprise all the remaining portion of said city north of

the south side of Girard avenue, and also of the south side of the

track of the Pennsylvania railroad west of the intersection of

Girard avenue therewith.

Appototment of In- The govcmor shall appoint one inspector, and select and common

specters councils of the city and county of Philadelphia are hereby authorized and empowered to elect one inspector, and the mayor of the

said city to appoint one inspector, within thirty days from the

date of the passage of this act, and every three years thereafter a

person of suitable qualifications, who shall be styled an inspector;

the said inspectors shall decide by lot among themselves the district which each one of said inspectors is to occupy.*

mo*not eligible No pcrsou interested in the mining or sale of coal shall be eligible

imder the provisions of this act.

^i,'^^ , 1 a It shall be the duty of the inspectors to examine, as soon as Duties of inspectors . , , •, . r ^ i r tvt i .1 practicable, and previous the first day oi JNlovember, one thousand eight hundred and seventy-one, every cart, wagon or other

vehicle used for the delivery of anthracite coal in their respective

districts, and to ascertain, by measurement or otherwise, the

capacity of said vehicles; and if the cart, wagon or other vehicle

will contain two thousand two hundred and forty pounds or fractional parts thereof, avoirdupois weight, of hard white ash SchuylkiU coal, said inspector shall put in a conspicuous place on said

vehicle his stamp or brand, made for such purpose and denoting

the capacity of said vehicle.

CMi'^Lrts and wag- ^u and after the first day of November, one thousand eight hunons to be stamped drcd and seventy-ouc, it shall be unlawful for any cart, wagon or other vehicle to be used in deUvering anthracite coal within the

city of Philadelphia, imless the said inspector's stamp or brand is placed thereon; and every person found violating this provision

shall be subject to the penalty or penalties as hereinafter provided.

iSpectors may order ^^^c Said iuspcctors are hereby authorized and empowered, at

carts, wagons, etc.. to their discrctiou, to order any cart, wagon or other vehicle, used by

be weighed

retail coal dealer in delivering anthracite coal, to be brought

to any scales within four hundred yards of the place where said

coal shall have been loaded, or within four hundred yards of the

place of arrest by the inspector, that have been regulated by the

proper officer within twelve months then preceding, and thereon

' Quaere, whether the oiBce of inspector was abolished by art. 3, par. 27, of the State constitution, supra, vol i, p. 167, Campbell v. Taggart, a "W. N. C. 93, 1875.
Pennsylvania 391

the said irivSpector shall take the weight of the vehicle loaded, and

after the coal shall have been taken to its destination, or immediately, if the owner or driver shall desire the same, the said

inspector shall take the weight of the vehicle unloaded.

If the said inspector shall find the weight of coal, contained in

the said vehicle, to be less than two thousand two hundred and

forty pounds avoirdupois for a ton, and for a fraction of a ton, in a relative proportion, being less than said vehicle was represented

to contain, allowing forty pounds for constantly changing weight

of animal and vehicle, the said inspector shall notify the dealer

owning said coal, so found to be deficient in weight, of the same,

and of the penalty incurred.

The salary of each of the said inspectors shall be the sum of

sixteen hundred dollars per annum, commencing on the first day

of November, one thousand eight hundred and seventy-one, to be

paid from the city treasury, on a warrant drawn by the mayor of

the city; and each of the said inspectors shall be qualified upon

oath to perform honestly and truly their several duties to the best

of their abilities. To provide means for the payment of the salaries of the said

inspectors, each retail coal dealer in the city and county of Philadelphia, shall pay an annual tax, commencing on the first day of

July, one thousand eight hundred and seventy-one, equal in

amount to the mercantile tax now in force, to be assessed and

collected in the same manner and by the same officers as the

said mercantile tax is now collected, and the amount so collected

to be paid into the hands of the city treasurer. For each cart, wagon or other vehicle used by any retail coal

dealer in deliverying anthracite coal in the city of Philadelphia,

stamped by the said inspectors, and which stamp is the con- sumer's guarantee of its proper capacity, the owner shall pay to

the said inspector one dollar. Every retail coal dealer in the city of Philadelphia who shall use any cart, wagon or other vehicle in delivering anthracite

coal in said city, which shall not have been stamped by the said

inspectors as heretofore provided in this act, shall be compelled

to pay a fine of ten dollars, one-half of which shall go to the city

and one-half to said inspector.

For the refusal of any driver of any such vehicle to comply

with the request of any of said inspectors to drive to a weigh

scale: Provided, The scales designated are within four hundred

yards of the place where the said coal shall have been loaded,

the said inspector may order the driver under arrest, and take measures to weigh said coal himself; said driver, for such refusal,

Sec. 48

If weight less than

standard, dealer to be

notified

Sec. 49 Salary of inspectors

Qualified on oath

Sec. 50 Tax on coal dealers

Sec. 51 Fee for stamp

Sec. 52 Fine for using cart or wagon not stamped

Sec. 53 Penalty for refusal to comply with order of inspector
392 Laws Concerning Weights and Measures

shall be compelled to pay a fine of five dollars, one-half to go to

the city, the other half to the said inspector,

p^ii^ty for refusing pcrson who shaU rcfusc to permit the scales chosen by

use of scales Said inspcctor to be used by him, shall be compelled to pay a fine

of ten dollars, one-half of which shall go to the city, the other

half to the said inspector.

s^aimg out loads retail coal dealer sending out into the highway a load of

below standard weight anthracite coal, Containing less than two thousand two himdred

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 contain less relatively than the legal standard of

two thousand two hundred and forty pounds avoirdupois, the

dealer so acting shall be compelled to pay a fine of fifty dollars, one half to go to the city and one-half to the said inspector.

Sec. 56 All acts or parts of acts inconsistent with or contrary to this

act are hereby repealed.

Sec Any person who shall change or alter the size or capacity of

Pen^ty for reducing any cart, wagon or other vehicle, used in delivering anthracite

size^of stamped cart °^ ^q^^ in the city of Philadelphia, and stamped under the provisions

of an act to which this is a supplement, with intent to defraud, by

the reducing of such cart, wagon or other vehicle to a less capacity

than is indicated by the stamp thereon, shall be guilty of a misdemeanor, and upon conviction thereof, shall be compelled to

pay a fine not exceeding fifty dollars and undergo an imprisonment not exceeding six months: Provided, however, that neither

of the coal inspectors of said city shall be prevented from altering

the size or capacity of any stamped cart, wagon or other vehicle

used for the deliver}' of anthracite coal in said city, and restamping the same.

§5^- 58

^ ^ . The stamp shall be put upon each cart, wagon, or other vehicle

stamp to be m fast . j. , ^ , 1 ^ ,. , ,

. . °. , . , . , , colors m last colors, by the mspector oi the district m which it belongs;

Penalty and when it shall become obliterated from any cause, the owner

of such cart, wagon or other vehicle shall have the same re-stamped,

and pay therefor to the said inspector the sum of one dollar; and

upon the failure or neglect of the said owner to comply with the

provisions of this section, he shall be compelled to pay a fine of

ten dollars.

Sec. 59 . . Any person deUvering or causing to be delivered anthracite coal

coal in imstamped cart into any unstamped cart, wagon or other vehicle used for the deor wagon Hvcry of anthracite coal by retail, within the city of Philadelphia,

with knowledge that such cart, wagon or other vehicle is used for

such purpose within the said city, shall be compelled to pay a fine

of ten dollars for each offense.

Tick^s to be deUv- shall be Unlawful for any retail coal dealer of the city of Philaered; penalty for refusal delphia, to deliver any quantity or quantities of anthracite coal.
Pennsylvania 393

which shall have been sold by weight, without each such delivery

being accompanied with a delivery-ticket, whereon shall be distinctly expressed in tons, fractional fourths thereof, or pounds avoirdupois, the quantity or quantities of coal contained in the cart,

wagon or other vehicle used in such delivery, with the name of the

purchaser thereof, and the dealer from whom purchased; and for

each failure or refusal to produce such delivery-ticket, when called

for by either of the inspectors or the purchaser of the coal, the

driver or owner of the vehicle shall be compelled to pay a fine of

ten dollars. The said inspectors are hereby authorized and empowered, at sec 6i j.-^, 1 , i'i 1, Loaded vemcles may their aiscretion, to order any cart, wagon or other vehicle used by be ordered back to be any retail coal dealer in delivering anthracite coal within the city

^^'^'^^'^ of Philadelphia, to be taken back to the place where the said coal

shall have been loaded: Provided, The place of arrest be within

four hundred yards thereof, where the inspectors may take the

weight of the vehicle loaded; and after the coal shall have been

taken to its destination, or immediately if the owner or driver

shall desire the same, the said inspector shall take the weight of

the vehicle unloaded ; and for the refusal of any driver of any Penalty for refusal of such vehicle, to comply with the order of any of said inspectors, tOorder"^ "^"^'^ drive back to the place where the coal shall have been loaded, he

shall be compelled to pay a fine of ten dollars. All penalties provided by this act, and the act to which this is a HoVpenaities recov- supplement, shall be recoverable by action of debt in the same®'^'''^ manner as penalties are now by law recoverable, to be brought

in the name of the coal inspector; one-half of said fines and

penalties to go to the city of Philadelphia, and the other half to go to the said inspector; and corporations and companies violating this act, or the act to which this is a supplement, shall incur

like penalties with individuals.

Each of the said coal inspectors shall have authority to arrest, ^splctors may arrest or direct any police officer or constable of the city of Philadelphia ^tto^ofa""^^^'

'""^ to arrest, any person or persons found violating this act or the act

to which this is a supplement, and take him or them before any

alderman or justice of the peace of the city of Philadelphia for a

hearing.

The inspectors appointed imder the provisions of an act to which ^^^'•^t omce of in. this is a supplement, shall hold their offices for the full term of specters three years from the first day of November, Anno Domini, one

thousand eight hundred and seventy-one, or until their successors

shall be duly appointed and qualified.

All acts or parts of acts inconsistent with or contrary to this act ^^^^li are hereby repealed.
I

394 Laws Concerning Weights and Measures

Sec.

66^^'^'''^^ The standard weight of bituminous coal, in this common-

^weightof bituminous -^veaith^ shall bc seveuty-six pounds to the bushel, and two

thousand pounds shall be one ton.

lenity for violation If any persou or persons, engaged 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 or 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 exceeding one thousand dollars, and all penalties recovered under this act shall be

paid into the treasury of the state.

Sec

68^^'^'^''^ standard bushel for the measurement of bituminous coal

biShS'^^o^i^wtumtaoui^^^^^' ^oTM- ^ud after the first day of January 1850, contain 2688

coal cubic inches even measure, and this act shall not affect contracts

made before that time : Provided, This act shall go into immediate

operation in the county of Allegheny, from and after its passage.

Sec

69^^^'^°^ Where disagreements arise between the seller and buyer of bitustaidard weight of miuous coal, in the coimty of Allegheny, as to the measure of good

legheny County 'merchantable coal, put into the wagon, car or cart, at the mouth

of the pit, or at any of the wharves in the coimty of Allegheny, a standard of weight shall be established, of seventy-six pounds

avoirdupois to the bushel of merchantable coal.

Duties of wei hmas parties disagreeing as to the measure of coal, and conter " * we g

as g^j^^jj^g havc the load or loads weighed and taken to a properly

adjusted scale, the weighmaster of said scale shall superintend the

weighing of the suspected load, estimating the number of bushels

by the standard weight of seventy-six pounds to the bushel; for

which service he shall be entitled to the usual fee or fees charged

for similar draughts, to be paid by the party in error, on the

presentation of a certificate of weight by the said officer; the

amount of said fee to be collected as debts of like amoimt are recoverable by law.

Sec. 7/^''^^^ 1"^^ third and fifth sections of the act establishing a uniform

to beTsce^?taed hi Ai^ Standard of bituminous coal in Allegheny coimty, passed April 6th,

egiieny County Auuo Domiui 1850, bc and the same are hereby repealed, and

hereafter all controversies in said county in regard to the quantity

of coal contained in any cart, wagon or other vehicle, shall be

ascertained in the manner provided for by the ist and 2nd sections

of the act to which this is a supplement: Provided, however.

That where the coal is sold and delivered into boats where the

weight cannot conveniently be ascertained, then the standard

fixed in the act of March 23rd, 1849, shall continue unchanged.

Councils to regulate "^^^ sclcct and commou couucil of the cities of Pittsburg and

the same by ordinance Allegheny, and the town couucils of the incorporated boroughs in

I
Pennsylvania 395

the county of Allegheny, are hereby authorized to provide and

establish some mode to ascertain the weight of coal sold within said

cities and boroughs, and impose suitable penalties upon all persons

violating the provisions of the acts of assembly on the subject.

From and after the passage of this act, any coal dealer or hauler usss) in Allegheny coimty, who has had his wagon or cart weighed or Weighing and brand- branded according to the provisions of the ordinance of thepf1 1 s b u r g ordinance councils of the city of Pittsburg of eighth March, one thousand^"®"*"'

eight himdred and fifty-two, in pursuance of an act of Assembly of

twelfth April, one thousand eight hundred and fifty-one, shall not

be compelled to have his or their wagon or cart measured in pur- suance of the provisions of the act of twenty-third March, one thousand eight himdred and forty-nine, but said branding and

weighing shall be deemed sufficient for all purposes.

The standard weight of bituminous coal in the city of Allegheny ^^^^^^^ be and is hereby declared to be seventy-six pounds avoirdupois to of^^uiiminoi^^ *coa1 "in the bushel of merchantable coal. Allegheny city The select and common councils of the city of Allegheny are Sec 75 / Councils may pass or- hereby authorized and empowered to pass ordinances to establish d_^n^anc^es to install scales, or some other method to ascertain the weight of coal sold May impose penal- within the limits of said city, and to regulate and compel persons

to use said scales, or other mode of weighing coal, and may impose

such penalties and forfeitures on them as they may think proper,

(not exceeding one hundred dollars for any offense), for violating

the provisions of said ordinances.

All laws inconsistent herewith are hereby repealed. Repeal The standard weight for coal in the borough of Greensburg, in (^^j^) the county of Westmoreland, shall be seventy-five pounds to the weight of bushel oi bushel; and the burgess and the town council of said borough may,

Greensburg

and they are hereby authorized and empowered to pass such ordi- co^Son

°* nances as will be necessary to prevent the sale of coal in said borough, otherwise than by the standard weight herein specified,

which weight shall be ascertained and determined by the public

scales in the said borough, and said burgess and town council shall

have power to impose such fines and forfeitures as they may deem

necessary to insure a faithful compliance with said ordinances,

and collect the same as like fines and forfeitures are by law col- lected.

The standard measure of coke, manufactured from bituminous gee.

78^^^'^"^ coal, when sold by the bushel, shall be two thousand six hundred

and forty-eight cubic inches, and the standard weight per bushel

shall be forty pounds.

From and after the first day of September next the bushel used ^J^'^'^'^ for the measuring of lime in the city and county of Philadelphia. Measurement oiiime and in the counties of Bucks, Montgomery, Delaware, Chester,

Bushel of coke
396 Laws Concerning Weights and Measures

measuieis

Duties

mFa^rfused""'""''*' I^ancaster and York, shall be of the following dimensions, to wit:

thirteen inches and a half in diameter at the bottom in the clear,

fifteen inches diameter at the top in the clear, and thirteen inches

and forty-seven hundredths perpendicular depth in the clear. A^pp^ointment oi It shall be the duty of the several courts of common pleas,

within the city and counties aforesaid, to appoint one or more

suitable persons in each of said counties, as to them shall appear

necessary, whose duty it shall be, after being for that purpose

duly sworn or affirmed, by a judge, alderman or justice of the

peace of the city, or proper coimty, and a certificate of such qualification, filed in the prothonotary's office, to procure a brand and

mark every bushel, intended to be used for the measuring of lime,

with the letters L. B., in the manner that weights and measures

are now stamped or marked in the city of Philadelphia; for which

service he shall be entitled to receive twenty-five cents for each

bushel so stamped or marked,

lenity toi violation pcrsou or pcrsous, in the city or counties aforesaid, shall

use, for the m^^easuring of lime, a bushel of any other dimensions,

or not stamped as is hereinbefore directed, he or they shall forfeit

and pay the sum of five dollars for every such offense, to be re- covered before any alderman or justice of the peace, upon due

proof to him made, in the same manner that debts of the like sum

are recoverable, to be paid to the treasurer of the county wherein

the offense was committed, for the use of the county,

g

U856) The standard bushel for the measurment of unslaked lime, in

unsfaked lime; the couuty of Allegheny, shall contain two thousand one hundred

measurement fifty, forty-two onc-hundredths cubic inches, even m^easure.

Sec.

83^^^^''^ It shall not be lawful for any person or persons engaged in the

by the thousand 'business of purchasing, collecting or furnishing shingles or hooppoles, 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 abovementioned articles of lumber be purchased or sold by the thousand, it shall be so considered, any custom or usage to the contrary notwithstanding.

Sec. 84^^*"^ It shall be lawful for any persons having timber, boards or other

^^aie of timber on the upon the Oliio rivcr, or any of its tributaries, in this state,

to sell the same imder any measurement they may agree upon,

or imder measurements which may be made by any person or per- sons whom they and their vendees, imder contract, may select,

any local laAv, usage or ordinance to the contrary notwithstanding: Provided, That square timber shall be measured with the

usual five-inch hook, tmless the parties shall otherwise contract.
Pennsylvania 397

The governor be and he is hereby authorized and required to ap- gee. 85^^*^*^ point a measurer of marble, whose duty it shall be faithfully to j^^^^^^j"^ "^"^ measure all marble in the rough brought into the city and coimty i^uties of Philadelphia for sale, when thereto required by the parties, or

either of them, whose compensation shall be one cent per foot for compensation

cubic marble, and one-fourth of a cent per foot for slab marble.

From and after the passage of this act the weight of a bushel of

onions shall be fifty pounds. weight of a bushel of

(, , . • - onions All acts or parts of acts mconsistent herewith are hereby re-

, A

Sec..87 pealed. Repeal From and after the passage of this act, the weight of a bushel gj^^*''^^ of potatoes, shall be fifty-six pounds. weight of bushel ot All acts or parts of acts inconsistent herewith are hereby sec. 89 repealed. Repeal On and after the first day of August, Amio Domini one thousand ogoi)

nine hundred and one, each and every keg of black blasting powder Wei^t of kegs of used, manufactured or sold in and around the coal mines of this rigu^ated ^'^^ ^"^"^^"^ 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 Kegs to be stamped

person, firm or corporation manufacturing said powder, and also de^etc.^'^*^' the number of pounds of powder contained in said keg.

Any manufactiu-er or dealer in said black blasting powder, sec. 91 making or selHng, or causing to be made or sold, any keg, half-keg

^ or quarter-keg of said black blasting powder containing less weight of said powder than specified in this act, or which keg shall

not be stamped as required in section i of this act, 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.

It shall not be lawful for any other person, firm or corporation, who^'may not use save only such person, firm or corporation whose name shall be^^ss

stamped on said kegs, to use any such stamped keg for the purpose of containing said black blasting powder.

Any person, firm or corporation violating the provisions of sec- jor wrongful tion three of this act shall be subject to a fine of not less than five "se of kegs hundred dollars ($500.00) nor more than one thousand dollars

($1,000.00).

All acts or parts of acts inconsistent herewith are hereby l^j^

repealed.
398 Laws Concerning Weights and Measures

Sec.

95^^*'''^ The standard dimensions of a cord of wood or bark for fuel,

of cOT^ofwoodSfpMa- ^-^P*^^^^ ^^^^ within the city and county of Philadelphia, shall

deiphia be eight feet in length, fotur feet in breadth, and four feet in

height, containing 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 the kerf, the deficiency shall be made up in breadth or height.

Len^ of cord wood F^om 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 foiu" feet in length, including one-half the kerf,

pufng cord wood 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 venders 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 venders

of wood for the loss sustained by crooked or uneven wood; nor

shall any corder of wood pmchase any wood for the purpose of

eeufor^prom

'** ''"^ ^^^^^^^ Same again, by which sale he may derive a compensation or profit; and the same is hereby declared to be unlawful,

iliz^r'eandforieiture '^^^^ ^nd after the first day of September next if any person

of wood shall expose to sale within the city and county of Philadelphia

any 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 simi 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 offense forfeit and pay the sum

tionsoficf^

for viola- 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

How recoverable 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

I
Pennsylvania 399

them, and the other for the guardians of the poor of the said city,

district and township.

In case any maker, vender or proprietor of beams, scales, US4s) weights or measures, within the city or county of Philadelphia, Penalty foi disregard- or county for which a sealer has been appointed, shall neglect or l^to °* refuse to comply with the requisitions which the regulator of

weights and measures is authorized and directed to make; or

shall sell by false beams, scales, weights or meastires, such person

or persons so offending shall, for each and every offence, forfeit

and pay the sum of five dollars, which may be sued for and

recovered as debts of the like amount are by law recoverable, for

the use of the poor of the city, district or township, in which such

fine shall have been incurred: Provided, That the provisions of

the 5th and 6th sections of this act shall not be so construed as to

extend to such beams, scales, weights and measures, as shall not

be used by the proprietors thereof, for the pmpose of buying or selHng [by] the same.

It shall be the duty of any person or persons offering dry meas- U^4^) ures for sale, within the limits of the city and county of Philadel- Penalty for selling im- phia, to have the same stamped and sealed by the proper officer phuadelpwa^^"^^^ ^

of said city and coimty, and any person found guilty of offering or exposing for sale any dry measure, without having the same

sealed and adjusted by the proper officer as aforesaid, shall be

liable to a penalty of five dollars for every such offence, to be col- lected as debts of like amount are now collected, one-half to go

to the informer, and the other half to the use of said county.

Any person who shall, in any way, alter any measure, so that gee. iJi'^'^'^^ the capacity thereof is diminished, after the same shall have been o?luS°mea'sures^* adjusted and sealed, or shall, in buying or selling, use any measure so altered; and any person who shall alter any scale, beam or weight, so as to impair the adjustment thereof, after the same

shall have been adjusted and sealed; and any dealer, vender or weigher, who shall have in his possession any scale, beam, weight

or measure so altered as aforesaid; shall, on conviction thereof,

before any alderman or justice of the peace, forfeit and pay the

sum of ten dollars; and if the person so convicted refuse or neglect to satisfy such forfeiture, with costs, immediately, or produce

goods and chattels sufficient whereon to levy the said forfeiture,

together with cost, then the said alderman or justice of the peace

shall commit the offender to the jail of the county wherein the

offence was committed, there to be kept at hard labor for the

space of thirty days.

Any person who shall be convicted as aforesaid, and shall think leVrd may be re- himself or herself aggrieved by such conviction, may remove the

proceedings by certiorari to the next court of quarter sessions,
400 Laws Concerning Weights atid Measures

held for the city or county wherein the offence shall have been

committed; and on the hearing of the certiorari, the court may,

if they think proper, examine testimony; but no judgment shall

be reversed for any matter of form, if it shall be proved to the

satisfaction of the court, that the offence charged has been committed by the defendant.

Sec. loa One moiety of the forfeitures in money accruing and becoming Appropriation of pen- ' y o o

allies due for any offence against this act, shall be paid to the overseers or guardians of the poor of the city, borough or township, wherein

the offence shall have been committed, and the other moiety to

the person or persons who shall prosecute and sue for the same.

Sec 103^'^^°^ Whenever any description of manufactured goods, commonly

siort^i^'tor^lu^e called dr>^ goods or groceries, shall be sold by the piece, in packages

or by weight, and the said pieces or packages shall be marked or represented to contain a certain number of yards, pounds or oimces, 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 zJ'a^^^^ Any person or persons who shall vidlfuUy use and sell by false

Penaityforusingbeams, scalcs, wcights and measures, any article, merchandise,

false scales, weights, '. ,.° -i^, 1 and measures commodity or thmg, shall be gmlty ot a misdemeanor, and on

being convicted thereof, shall be sentenced to pay a fine not

exceeding two himdred dollars, and to undergo an imprisonment

not exceeding three months, or both, or either, at the discretion

of the court.

Sec

10^^*^''^ Any person or persons within this commonwealth who shall sell,

bau^t^y^"

fcaud in or causc 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 substance

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

exceeding one hundred dollars, and imprisoned not exceeding six

months, either or both, at the discretion of the court.

Sec 10

^^'^''^ '^^^ governor of this commonwealth shall appoint such number

_ Appointment f of inspcctors as may be designated by the county commissioners,

mspectors, term, salary citics of the first and second class of this commonwealth, to

inspect scales, weights and measures who shall be paid monthly out

of the cotmty treasury, except in cities co-extensive with the
Pennsylvania 401

county, when the same shall be paid out of the city treasury, such

salary as may be fixed by said commissioners ; they shall serve for a term of four years, unless removed by death, resignation or other

cause.^

Each inspector shall be furnished with standard weights, To%e°hiraished with measures and tests by the secretary of internal affairs of this com- standards monwealth.^

The duty of each inspector shall be to visit every place not more AdVstog weighti

than four times a year, where measures, scales and weights are and measures used or sold, including all market houses, shops, stores and all places where meats, provisions and other articles are sold by weight

or measure in said cities, to inspect, regulate and adjust the same. The inspector to have power and to seize all fraudulent scales, Power to seize fraud- weights and measures, wherever found, and which cannot be measures

^^'^"^'^ regulated and adjusted, to use the same as evidence in any action

of law against the party or parties in whose possession they are found.

Any person or persons purchasing new scales, weights or measinres IfeVsMies, weights, that do not contain the stamp of the inspector shall, before using l^?TM®^^"''^^ them, notify the inspector of the district and have them tested,

and all scales, V\^eights or measures that cannot be adjusted by the

inspector shall be removed and destroyed.^

Any person, upon arrest and conviction before a magistrate or Sec. m

justice of the peace for refusing to allow his scales, weights and

measures to be inspected, shall be fined ten dollars and costs of ^^naity court, or be sentenced to imprisonment for a period of not more

than ten days. 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, 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 in- spected weights and measures any other weight and measure of

smaller size or amount shall, upon 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 of not more than ten

days.

' By the act of Apr. 11, 1903, sec. i, P. L. 165, $2,500 was appropriated to carry this act intoeffect. But

both this act and the act of 1903 were held to be unconstitutional in Commonwealth v. Brown, 7 Dauphin

Co. 23s, 1904; this act, on the ground that its title was defective, and that it was local legislation; and the

act of 1903, on the ground of defective title.

2 This section was reenacted by sec. 2 of the act of Apr. ii, 1903, P. L. 166.

^ When a merchant uses scales which weigh correctly, according to the standards of weight prescribed by the laws of the United States, and of this State, every 2 ounces of merchandise and multiple thereof up to 24 pounds, the sealer of weights and measures (where that office still exists), cannot confiscate the

scales because they are not graded to weigh the odd ounces, and will be enjoined from confiscating them. Ambrose v. Miurphy, 52 P. L. J. 198, 1904. 8578°—12 26
402 Laws Concerning Weights and Measures

All acts or parts of acts inconsistent herewith, be and the same

are hereby repealed.

x^p.'IiT'^'^^^"^'^ That the sum of two thousand five htmdred doUars, or so much

inui^'efiert^ae 'stSSI thereof as may be necessary, be and the same is hereby specifically

concerning inspectors appropriated to the Sccretar}- of Internal Affairs, for the purpose

of carr}'ing into effect section one and two of an act, entitled "An

act to provide for the appointment of inspectors by the Governor,

for the cities of the first and second class of this Commonwealth,

to inspect scales, weights and measures, and providing for their

compensation" approved the twenty-sixth day of Jime, one thousand eight himdred and ninety-five.

^>lctors to be fur- Each inspector shall be furnished with standard weights, measnished with standards ures and tests, by the Secretar}" of Internal Affairs of this Commonwealth.

Stewart jwon's The Several kinds of grain hereafter mentioned, which are now

p-^Ss

" ^' usually bought and sold by measure, shall, from and after the passsec 6 ^'^'^^ ing of this act, be regulated according to the following standard

^^dard weights of^^.g-gj^.^ bushel, to wit : The weight of each bushel of wheat

shall be sixt}^ potmds; of each bushel of rye or com, fifty-eight

pounds; of each bushel of barley, forty-seven potmds; of each

bushel of buckwheat, forty-eight potmds; and of each bushel of

oats, thirty-two pounds: Provided, That nothing in this act contained shall be so construed as to prevent any person or persons

from selling and bu3'ing the several kinds of grain aforesaid by

measure.

UHs) The standard weight of r^-e and Indian com in this common- Sec 7

c> J standard weights per wealth shall bc fifty-six pouuds for each and every bushel thereof.

''"^^^ Each and ever}- bushel of foreign salt shall be bought and sold

by weight per bushel, in the manner following, to wit : The weight

wei^t of salt per of each bushel of coarse salt shall be eighty-five potmds, each

^^^'^ bushel of ground salt, seventy pounds, and each bushel of fine

salt, sixty-two pounds: Provided, nevertheless, That nothing

herein contained shall be so constmed as to prevent any person or persons from selling or buying the several kinds of salt aforesaid

by measure.

usgr) From and after the passage of this act the weight of a bushel of

wei^ of a bushel of oats shaU be thirty-two pounds.

All acts or parts of acts inconsistent herewith are hereby reRepeal pealed.

Pub Laws 18-7 p ^^^^ manufactured by evaporation, within the limits of this

''Veight of salt per commonwcalth, and put in packages purporting to be a barrel, said

barrel package shaU contain two hundred and eighty (280) potmds of

salt, and this exclusive of the weight of the package.

oats

' Acts of Apr. II, 1903, and June 26, 1895, declared unconstitutional, Stewart's Purdon's Digest, voL

4, p. 5084, footnote 3.
Pennsylvania 403

By the measurer of corn and salt : In performing the duties en- Stewart's purdon s joined upon him by law, for every one hundred bushels of corn Tifcr)^'

'^"^ and salt, seven cents. ¥ees\ot measuring

By the deputies of the said measurer, for every one hundred

bushels of corn which they shall measure and keep an account of

agreeably to law, fifteen cents. And for every one hundred bushels of salt which they shall measure and keep an account of, ten cents.

It shall not be lawful for any person to offer or sell or offer for j^^'^^j^^^'^^ sale within the city of Philadelphia any hay or straw by the balep is^^

^^^^^^ unless the exact gross and net weight shall be legibly and dis- sec. i ' ^ tinctly marked on every such bale of hay or straw, under a penalty Weight to be marked of ten dollars for each bale of hay or straw sold or offered for sale, ""penlity in contravention of the provisions of this ordinance.

Any person or persons within this commonwealth who shall sell, ^ '^'^7(>) or cause to be sold or exchanged, in any manner whatsoever, j^Pj^nauy^^or^fra^d^in 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

substance 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 Penalty not exceeding one hundred dollars, and imprisoned not exceeding

six months, either or both, at the discretion of the court. Hereafter all baled hay and straw shall be properly bound with {1901)

wire, rope or other material to hold it in bundle, and the correct Correct weight to be weight shall be plainly marked on each bale. marked The wood or other material used in baling cut hay shall not

exceed in weight eight per centum of the weight of the entire teriai bundle, and no wood, except for a marking block, shall be used in

baling long hay or straw. Any person who shall mark a bale of hay or straw higher than sec. s . , its actual weight, or who shall use more than eight per centum of meanor its weight of wood or other material to hold it in bimdle, 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 the court before whom conviction may

be secured.

All laws or parts of laws inconsistent herewith are hereby I'^'^p^'^^, repealed.

That the several boards of county commissioners and the mayor Pub. Laws, ign, p. of the several cities of the Commonwealth may, and are hereby au-'' 'Ice. i thorized to, appoint such numbers of competent persons as in- ures spectors of weights and measures as they may deem proper to

protect the public from use of false weights and measures, and

whose duties it shall be to faithfully enforce and execute the laws

of the Commonwealth, now in existence or which may be hereafter
404 Laws Concerning Weights and Measures

Compensation

expenses

Sec. 2 ( Standard tests

j^ri^ction of in 6^^cted with reference to weights and measures: Provided, That

specters the county inspectors of weights and measures shall have no

authority to inspect weights and measures in cities, or to execute

the laws of the Commonwealth in regard to the same, or the

ordinances of municipahties as they apply to cities, within Umits

of their respective counties. Neither shall the city inspectors have

any jurisdiction outside of their respective cities. The compensation and expenses of such coimty inspectors

shall be fixed by the respective boards of county commissioners,

and paid by appropriations directly from the proper county

treasuries; and the compensation of city inspectors shall be fixed

by ordinance, such compensation and allowances for expenses

shall be paid by appropriations made from the respective city

treasuries.

That all coimty and city inspectors so appointed shall be supplied, at the expense of their respective coimties and cities, with

standard tests of weights and measures, in conformity with those

estabhshed 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 accmacy of these tests they shall be compared

with the standard tests to be purchased by the Secretar}^ of Internal

Affairs ; and, when so compared and their correctness estabhshed,

they shaU be so stamped or marked in such manner as may be

established by the rules and regulations, hereinbefore referred to, to be put in force by said Secretary of Internal Affairs and approved by the Governor of the Commonwealth.

Custody of standards 'Xh.e iuspcctor shall take charge of and safely keep the standards.

Wrhere not othervvdse provided by law, the inspectors shaU have the

in^'^S?esTMc^''^'*'^'P*^^^^' '^'tl^^ their respective jurisdictions, 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, apphances, or accessories connected with any

or all such instruments or measurements, used or employed within

the city by any proprietor, agent, lessee, or employe in determining

the size, quantity, extent, area, or measurement of quantity, things,

produce, articles for distribution or consumption, offered or submitted by any person or persons for sale, for hire, or award. He

may, for the purpose above mentioned and in the general perform- ance of his duty, enter or go into or upon, and without formal warrant, any stand, place, building, or premises, or may stop any

vendor, peddler, jimk-dealer, coal-wagon, ice-wagon, or any dealer

whatsoever, for the purpose of making proper tests. Whenever

the sealer finds a violation of the statute relating to weights and

measures, he may seize, without a warrant, such weights measures.

Right of entry

Seizures
Pennsylvania 405

or balances as may be necessary to be used as evidence in case of

violation of the law relative to the sealing of weights and measures,

and they shall be held until otherwise directed by the court. Whoever himself, or by his servant or agent, or as the servant

or agent of another person, is guilty of giving false or insufficient

weight or measure, shall, for the first offense, be punished by a fine

of not more than fifty dollars ; for a second offense, by a fine of two

hundred dollars, and for a subsequent offense, by a fine of one hundred dollars, and by imprisonment for not less than thirty nor more than ninety days, at the discretion of the court.

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 accuracy of weights and measures, until such comparisons are made and their accuracy established, and so stamped or marked;

and any inspector violating the provisions of this act shall be guilty

of a misdemeanor, and upon conviction therefor shall be fined not

exceeding 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. All acts or parts of acts inconsistent with the provisions of this

act be and the same hereby are repealed.

79. Kvery borough within this commonwealth that hereafter ^ may be incorporated by an act of the general assembly, or by the

court of quarter sessions of any county, shall have power

97 XI. To make all needful regulations respecting markets and

market-days, the hawking and peddling of market-produce and

other articles in the borough, and for the inspection and measure- ment or weight of cord-wood, hay, coal and other articles sold or

offered for sale in the borough.

Sec. 3 Violations

Penalty

Violation of inspector

Penalty

Sec. 4 Repeal

Stewart's Pirrdon's

Digest, 13th ed., vol. i, p. 492 Boroughs, powers of

Power to regulate markets, etc.; inspect

tion and measuremcnof articles

ICQ XII. To regulate annually the scales, weights and meastires

within the borough, according to the standard of the commonwealth.^

62 . 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 measming 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

Power to regulate

scales, weights, and

measures

(iQOl) Stewart's Purdon's

Digest, 13th ed., vol. 3, p. 3018 Municipal corporations, second class, cor- porate powers of To regulate the weighing and measuring of commodities ; sale

of bay, coal, and wood

' This act is prospective only. (Conmionwealth v. Montrose Borough, 52 Pa. 391, 1866.)

' The county sealer had jurisdiction within the borough, concurrently with the borough oflScer. ( Wilkes- banev. Bloom, i Luz. L. Obs. 148, 1861.)
4o6 Laws Concerning Weights and Measures

for inspection, weighing and measuring, as aforesaid, and for the

regulation and stamping of weights and measures.^

Stewart's Purdon's 50. To regulate the weighing and measuring of every commodity

Digest, J3th ed., vol. 3, gQ^fj jj^ ^j^g ^.j^y cascs Hot othcrwise provided by law; protio?^"ttM'ciass^or-^^^^ rcgulate the inspection and weighing of hay, grain

^weightl^and' meas meastoring of wood and fuel to be used in the

ures city, and to designate the place or places of the same, and to reguHay, coal, and wood prescribe the place or places for exposing for sale hay,

coal 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,

^^pub. Laws, 1911, p. That in all cities of the first class throughout this Commonwealth,

ernes of the first class ^^^^ authracitc coal by retail, every cart, wagon, or other

Sale ot antiiracite vchiclc uscd in delivering such coal shall be accompanied by a

Delivery ticket delivery tickct for the purchaser, which shall state clearly the

quantity of coal contained therein, the name of the piurchaser or

delivery address, name of the dealer by whom sold and delivered,

and the name of the driver in charge.

Violations persou, firm, or corporation who shall violate the provisions of this section, shall, on complaint of purchaser, be liable to

Penalty ^ 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.

%%^laT^ 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

Pubuc scales or dccrce, as public scales such stationary scales as may be recom- mended, provided, or located by such petitioners, with the consent of owner or lessee of same, to whom the court shall issue a

Official public weigh- certificate as an official public weigh-master, and a sign, as such,

shall be conspicuously displayed on the premises. The said

appointment as such official weigh-master is to continue, with all

its privileges, duties, and obligations, till revoked by the court, on

petition of such weigh-master, or on other cause shown on petition to the coiurt, signed by ten reputable citizens living in said

city. Such weigh-stations 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 weigh-master, or his agent, for whom he shall be responsible,

shall be in attendance at such scales, and shall be entitled to

Fee charge a fee of thirty cents ($0.30) per load of coal weighed;

' See the acts of June 26, 3895, P. L. 386, and Apr. 11, 1903, P. L. 165, supra. Municipal corporation,

245-231. relative to inspectors of scales, weights, and measures in cities of the first and second class, which

were held unconstitutional in Conunonwealth v. Brown, 7 Daugh, Co., 235, 1904. (See p. 41, t±us book.)
Pennsylvania 407

Index

Proviso

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 : Providing,

No person engaged in the coal business, or employed in the same,

shall be appointed an official weigh-master, and that no official scales be located on the premises where coal is sold.

Every weigh-master 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 ($1000.00), with one or more suffi- cient 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

weigh-master provided for such scales will perform his duties

lionestly and faithfully, and will furnish correct certificates to all persons having coal or coal conveyances, aforesaid, weighed at such

scales. Upon proof that any of the conditions of any such bond

have not been complied with, or have been violated, the city to

which such bond is given may recover the amount thereof in proper

action.

Each weigh-master of scales thus designated as weigh-stations, as aforesaid, shall keep a book, in which shall be accmrately 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, fmnished 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 weigh-master or

his agent weighing the same, and the date of weighing. Said

book shall be an official record, and all certificates delivered by

such weigh-masters 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 weigh-masters

with blank books and certificates prepared in conformity with the

provisions of this act, but each weigh-master must provide his

own books and certificates when not supplied by the county commissioners.

Any weigh-master of such scales, or any agent or representative

of such weigh-master, who shall be guilty of, or in any manner certification engaged or concerned in, any false or fraudulent weighing of coal at such scales, or who shall give any false or fraudulent certificate of

Sec. 3 Bond of weigh-master

Conditions

Sec. 4

Scale book

Entries

Official record

Certificate dence

as evl"

Sec. s False weighing or
4o8 Laws Concerning Weights and Measures

Penalty

Sec. 6 Rights of puichasei

Weighing ol coal

Ceitificate

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.

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 con- veyance, 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

Weighing of vehicle driver or pcrson in charge thereof immediately back to said weighstation, 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

thereupon 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 thereof, 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 not deem it convenient, satisfactory, or expeditious.

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 city wherein such act occurs, before any justice

PlOVlBO

Proviso

Cartage

Refusal of seller

Sec. 7 Penalty
Pennsylvania

Refusal of driver

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 Pouce powers of the first 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 sec- tion 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 Penalty 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.

Bach 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. All acts or parts of acts inconsistent or in conflict with this act are hereby repealed.

This act shall take effect sixty days from the date of its approval.

That on and after the first day of July, one thousand nine

hundred and seven, it shall be unlawful for any person, firm, or

Sec. 8 Docket

Sec. 9 Repeal

Sec. 10 Pub. Laws, 1907, act

56, p. 63 Sec. 1 ... 11 rr r i 1 ir Milk, skim - milk, corporation to sell or oner tor sale, or demand from any person and cream offering for sale, either wholesale or retail, within the State of

Pennsylvania, any milk, skim-milk, and cream according to any j^^l^^^^ard of measure- 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 act will

prevent the sale of milk, skim-milk, and cream by weight or percentage of butter-fat.

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 corporation, demanding, offering, 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 county, 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.

Proviso

Sec. 2 Violation

Penalty
41 o Laws Concerning Weights and Measures

' All acts or parts of acts inconsistent herewith are hereby repealed.

(i7P7) All loaf bread made for sale within this commonwealth, shall be

i^lest^'^s'th eZrvori! sold by the pound avoirdupois; and every baker or other person

^B^ead to be sold by offering the same for sale shall keep at his or her house, or at

"^^'^iit 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 of 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

Penalty ^j^g s\xm 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.

Di^esr^'th ed "vt°°i' shall bc unlawful for any person or persons to sell tmopened

j>- 992 ' ^^^^^^

' clams or oysters, within the city of Philadelphia, in any other way

Sec. 384 than by count or tale ; and the same shall be counted at the time

Clams and oysters to,, ri iir ji- j

be sold by count or tale and placc of salc and before delivery ; and any person or persons

in Philadelphia offending agaiust this section shall be guilty of a misdemeanor, and

Penalty upou couvictiou thereof, shall be sentenced to pay a fine of not less than twenty-five dollars, and not exceeding one hundred dollars, or undergo an imprisonment, not exceeding six months, or both

at the discretion of the court.

Pub. Laws, 1909, p. Bvery barrel, bag, pail, parcel, or other package of concentrated

"^'sec. I commercial feeding stuffs, as defined in section two of this act,

mercial feeding stuffs used for feeding domestic animals, also condimental stock and

10 bear net weight 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 outside

thereof, a legible and plainly-printed statement in the English

language, clearly 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, * * *_

Detoition '^^^ term " couccntratcd commercial feeding-stuff," as used in

this act, shall include cottonseed meals, cottonseed feeds, linseed

meals, gluten meals, gluten feeds, pea meals, bran meals, peanut

meals, cocoanut meals, maize feeds, starch feeds, sugar feeds, dried

distillers-grains, dried brewers-grains, malt sprouts, hominy feeds,

cerealine feeds, maizeline feeds, rice meals, dried beet pulp, driedmolasses beet pulp, corn bran, clover meal, alfalfa meal, and feeds,

1 Act is still in force. (Johnson v. Kolb, 3W. N. C. 273, 1876; West Eastou v. Zuck, 8 North Co. 117, 1901.)
Pennsylvania 411

molasses grains, molasses feeds, groimd beef or fish scraps, and

other animal and vegetable by-products, mixtures bearing distinctive names and all other mixtures of similar nature, used for

feeding domestic animals including poultry; also condimental

stock and poultry-food, and patented and proprietary, or trademarked stock and poultry-food, possessing nutritive value combined with medicinal properties and mixed feeds other than pure

grains ground together, and mixed feeds other than mixtures of

wheat-bran, and wheat middlings, neither shall it include hays,

straws, and corn stover, whole grains, nor the unmixed meals made

directly from the entire grains of wheat, rye, barley, oats, Indian

corn, buckwheat, broom-corn, flaxseed, sugar-cane, and sorghum;

nor shall it include wheat, rye and buckwheat brans, middlings or

shorts, not mixed with other substance but sold separately as distinct articles of commerce; nor pure grains ground together; nor wheat-bran and wheat middlings mixed together, not mixed with

any other substance, and known in the trade as "mixed feed," * * Every package of commercial fertilizer sold, offered, or exposed P"^. Laws. 1909, p. for sale, for manurial purposes within this commonwealth, except sec. i the dung of domestic animals, lime, marl, and wood ashes, shall lizersTMTM^"^*^^ have plainly stamped thereon the name and address of the manufacturer or importer and his place of business, the net weight of the sti^^petT^'^^'

'° contents of the package, the brand or trade-name of the fertilizer the package contains, * * *. The term "commercial fertilizer" as used in this act, shall be De^juon

construed to mean any and every substance imported, manufactured, prepared, or sold for fertilizing or manuring purposes, except

the dung of domestic animals, marl, lime, and wood ashes, and

not exempt by the provisions of section one of this act. Any miner employed by an individual, firm or corporation for D,^el^^j'Jth eZ"vo°°3! the purpose of mining coal, shall be entitled to receive from hisP-^5s4

^^^^^^ employer, and failing to receive, then to collect, by due process of fee. 21

I ^ ' 1 . 1 ° 11 11 1 Miners to be paid for law, at such weights as may have been agreed upon between the the quantity of coai

1 1 j_i 1 i j-n 1 Z. 1 • mined, irrespective of employer and the employed, full and exact wages accrumg to him size for the mining of all sizes of merchantable coal so mined by him,

whether the same shall exist in the form of nut or lump coal; and

in the adjudication of such wages, seventy-six pounds shall be weigiit of bushei deemed one bushel, and two thousand potmds net, shall be deemed Jon

' ^ . ^ . ' 1 11 Contracts for measur- one ton of coal: Provided, That nothing contained m this act shall ing 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.'

' This proviso would seem to be repealed as to bituminous coal mines by the act of July 15, 1897, P. L.

386, infra 438-440. (See p. 412, tliis work.)
412 Laws Concerning Weights and Measures

Cars to be of uniform every bituminous coal mine in this commonwealth, where

capacity coal is mined by measurement, all cars, filled by miners or their

To be branded bylaborcrs, shall bc miiform in capacity at each mine; no unbranded

mme mspector shall enter the mine for a longer period than three

months, without being branded by the mine inspector of the dispenaity for violation trict, whcrcin the mine is situated; and any owner 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 conformity 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 they 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

Exceptions he permits such car or cars to enter the mine: Provided, That

nothing contained in this section shall be construed or applied to

those mines who [that] do not use more than ten cars.

Stewart's Purdon's It ^ shall bc imlawful for any mine owner, lessee or operator of

p.'zef?

"^^^^ ^°

' ^' any bituminous coal mine in this Commonwealth, employing miners

Sec.

438^*'^'' at bushel or ton rates, or other quantity, to pass the output of coal

nou"cori bifore weiTMh'- i^incd by Said miucrs over any screen or other device which shall

ing prohibited take any part from the weight, value or quantity thereof, before

the same shall have been weighed and duly credited to the employee

sending the same to the surface and accoimted for at the legal rate

of weight fixed by the laws of this Commonwealth.

vlSialion of this act "^'^Y owucr, Icssce Or operator of any bituminous coal mine, viodeciared a misde-latiug the provisions of tWs act, shall be deemed guilty of a misdemeanor, and shall upon conviction, for each and every such offense

be punished by a fine of not less than one hundred ($100) dollars nor more than five hundred ($500) dollars, or by 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.

|epe'^i° All acts or parts of acts inconsistent herewith be and the same

are hereby repealed.

meanor

• Constitutionality of this act questionable; vd. Stewart's Purdon's Digest, vol. 3, p. 2607, note (b).
PHILIPPINE ISLANDS

That the metrical system of weights and measures as author

ized by sections 3569 and 3570 of the Revised Statutes of the

United States, and at present in use in the PhiUppine Islands,

shall be continued.

The meter is equal to 39.37 inches.

The liter is equal to 1.0567 quarts, wine measure. The kilogram is equal to 2.2046 pounds, avoirdupois.

The following abbreviations shall be employed in the tariff: G. W. = gross weight.

N. W. = net weight.

Hectog. = hectogram.

Kilo. = kilogram.

Kilos. = kilograms.

Hectol. =hectoHter.

The fundamental system 01 weights and measures throughout

the Philippine Islands shall, subject to the qualifications hereinafter contained, be the system known as the metric system, with

the following units

:

(a) The unit of length shall be the length at the temperature of zero degrees centigrade of the standard measure Numbered

Seventy-one, now preserved in the Bureau of Science and certified

to by the International Bureau of Weights and Meastues, or the

length, at the temperatiure of zero degrees centigrade, of the international standard meter established by the International Bureau of

"Weights and Measures, and now kept at Sevres, France. This

length shall be known as the meter.

(b) The tmit of area shall be either the square meter, or an area

of one hundred square meters known as the are.

(c) The unit of cubical contents or capacity shall be either the

cubic meter, or the one-thousandth part thereof known as the Hter.

(d) The unit of weight shall be the weight at Manila of one- milUonth of a cubic meter of pure water at the temperatiu-e of fom

degrees centigrade, or the one-thousandth part of the standard

kilogram certified to by the International Btireau of Weights and

Measures, designated by the symbol " L

" and now preserved in the

Bureau of Science. The unit of weight shall be known as the gram.

413

Stat. I,., vol. 33, pt. I, ch. 1408, p. 928, Phil.

Tariff Rev. Law, 1905 Sec. 9 Metric system estab- lished Equivalents

Sec. 7 Abbreviations

(1906) Comp. of Actsof Phil. Com., 1908, ch. 336, p. ii2o;ActNo. 1519, Phil. Com.

Sec. I Fundamental system —metric system Meter, tmit of length

Are, unit of area

Liter, unit of capacity

Gram, unit of weight
414 Laws Concerning Weights and Measures

Sec. 2 Use of metric system

authorized

Sec. 3 Until Jan. 1, 1909, units of weights Spanish avoirdupois oimce —Spanish avoirdupois poimd —arroba —quintal —picul or pico

—international carat

or quilate —scale or balance Units of capacity —cavan

—ganta

chupa

—apatan

-arroba

Units of length —Spanish inch

—foot

—braza

The use of these weights and measures, with all their decimal

multiples and submultiples, together constituting the metric

system, is hereby authorized.

Until the first day of January, nineteen himdred and nine, the

use of the following is authorized:

(a) As a unit of weight, the Spanish avoirdupois ounce of

twenty-eight and seventy-five hundredths grams.

(6) As a unit of weight, the Spanish avoirdupois pound of sixteen ounces—that is, of four hundred and sixty grams.

(c) As a unit of weight, the arroba of twenty-five Spanish avoirdupois pounds—that is, of eleven thousand five hundred grams.

{d) As a unit of weight, the quintal of one himdred Spanish

avoirdupois pounds—that is, of forty-six thousand grams.

(e) As a unit of weight, the picul (or pico) of one himdred and

thirty-seven and one-half Spanish avoirdupois poimds—that is, of

sixty-three thousand two hundred and fifty grams.

(/) As a unit of weight, the International carat or quilate of

two hundred and five milligrams.

ig) Any scale or balance graduated in the above imits.

Qi) As a unit of capacity, the cavan of seventy-five liters. It

is the volume of a cube each side of which is four thousand two himdred and seventeen ten thousandths of a meter.

{i) As a unit of capacity, the ganta of three liters. It is the

volume of a cube each side of which is one thousand four himdred

and forty-two ten thousandths of a meter.

(y) As a unit of capacity, the chupa of three hundred and seventy-five thousandths of a liter. It is the volume of a cube each

side of which is seven hundred and twenty-one ten thousandths of a meter.

{k) As a unit of capacity, the apatan of nine thousand three hundred and seventy-five hundred thousandths of a Uter. It is the

volume of a cube each side of which is four thousand five hundred

and forty-three hundred thousandths of a meter.

(/) As a unit of capacity, the arroba of sixteen Uters. It is the

volume of a cube each side of which is two thousand five hundred

and twenty-one ten thousandths of a meter.

(m) As a unit of length, the Spanish inch of two hundred and

thirty-two ten thousandths of a meter.

{n) As a unit of length, the Spanish foot of twelve inches—^that

is, of two hundred and seventy-nine thousandths of a meter.

(o) As a unit of length, the vara of three Spanish feet—that is, of eight hundred and thirty-six thousandths of a meter.

{p) As a unit of length, the braza of two varas—that is, of one and six hundred and seventy-two thousandths meters.
Philippine Islands 415

{q) As a unit of area, the square braza of two and seven hun- Z.squari1^raza dred and ninety-five thousandths square meters.

(y) As a unit of area, the loan of one hundred square brazas

that is, of two hundred and seventy-nine and five-tenths square

meters.

{s) As a unit of area, the balita of one thousand square brazas— -bawta that is, of two thousand seven hundred and ninety-five square

meters.

{t) As a unit of area, the qui^on of ten thousand square brazas— 5""»on that is, of twenty-seven thousand nine hundred and fifty square

meters.

{u) As a imit of area, the cavan of three thousand six hundred -<:avan square brazas—^that is, of ten thousand and sixty-two square

meters.

In all measurements involving the fixing of internal revenue on s^c- 4

. Calculating value of alcohol or its purchase and sale, the basis for calculating the value aicohoi of said alcohol shall be its percentage purity by weight as determined by its specific gravity: Provided, however, That the Gay- in^erusld*'^i^"^de°i?- lyussac alcoholometer, which is standardized at fifteen degrees cen- Sied"fpirus"^ tigrade and which reads in percentages of ethyl alcohol by volume

at fifteen degrees centigrade , may be used in determining the value

of distilled spirits as defined in section seventy-one of Act Numbered Eleven hundred and eighty-nine : And provided further. That

nothing in this Act contained shall be construed to repeal any of

the provisions of Act Numbered Eleven hundred and eighty-nine.

Until otherwise provided by law, the use of the English system ^Sec. 5. as amended by

of weight and measures in the purchase and sale of manufactured vol. 7. act 1843, p. 48 lumber is authorized, and until the first day of January, nineteen manufactured lumber hundred and nine, the use is authorized of any scale or balance ''"^ graduated in EngHsh avoirdupois pounds, together with the neces- sary set of weights therefor: Provided, That said scale or balance can be shown to have been in use in the PhiUppine Islands before

the date of the passage of this act. The English avoirdupois pound is equal to four himdred and^^EugUsh avoirdupois fifty three and six tenths grains.

The Secretary of the Interior, at the request of the provincial sec. e

_ , ir • , 1 .1 . r . Extension of time by board of any province, may extend in that province, tor not more secretary of the interior than two years beyond January first, nineteen hundred and nine,

the time during which any of the above-mentioned scales or bal- ances, weights, and units of weights and measures shall be authorized, or may in such province fix the value of any other weights or measures now in common local use, and authorize their use, until

not later than two years after January first, nineteen hxmdred and

nine.
Laws Concerning Weights and Measures

Legal weights and ^"^^ Weights and measures herein authorized, together with such

measures simple multiples and submultiples thereof as are expressly designated and recognized as such, shall be the only legal weights and

Sealing and licensing jj^g^g^^gg ^ Philippine Islauds. Thcsc, and no others, shall

be officially sealed and licensed.

Metric system used The metric system shall be used in all official documents. No

in all official documents ^g-gj^^g or mcasurcs cxcept thosc of the metric system shall be

employed in any contract, deed, or other document, publicly and

Pub?' Laws^ipor-fg^^ officially attcstcd : Provided always, That in ordering commodities

vol. 7. act 1843. P- 48 Qj- articles from other countries the standards of weights and

measures commonly used in such countries in selling such commodities or articles may be employed.

And provided further. That in the purchase and sale of manufactured lumber the English system of weights and measures may

be employed.

coiie'ctor of internal "^^^ Collcctor of Internal Revenue, with the approval of the

steSl)re°c^'°forseftog^^^^^^^^ Finance and Justice, shall decide what dies, stamps,

weights and measures brands , stcucils, tags, or othcr appliances shall be used for sealing

and marking weights and measures and shall procure the same

together with such apparatus for sealing weights and meastues as are necessary for carrying out the purposes of this Act and shall

—distribution distribute the same to inspectors and sealers of weights and meas- —printed forms, etc. ^j-gg ^s they may be required. Such printed forms and blank

certificates as may be necessary shall be prepared, furnished, and

distributed to inspectors and sealers of weights and measures by the

Collector of Internal Revenue,

lundlmentai stand- "^^^ fundamental Standard weights, measures, and instruments

ards for determining specific gravity for the Philippine Islands shall be

reiifof^°sciluce^ deposited in the Bureau of Science and shall be kept under the

care and direction of the Director of the Bureau of Science. The

Collector of Internal Revenue shall call upon the Director of the

ardsfcomparison^^"'^' ^i^^^au Sciencc for such comparisous of secondary standards

with the fimdamental ones as he may deem necessary, and such

comparisons having been made in the Bureau of Science the sec- ondary standards shall then be stamped with or otherwise designated by an appropriate mark or seal to be selected by the Director

Certificate q{ ^j^g BuTcau of Scicncc, and shall be accompanied by a certificate

setting forth the variation of these secondary standards from the

delteS?uon^"°° ^""^fundamental ones. If in the judgment of the Director of the

Bureau of Science such variation in any instance is of sufficient

magnitude to warrant the condemnation of any such secondary

standard, it shall be condemned and destroyed in the presence of

ard^for uft^^^f pubii"*^" Director of the Bureau of Science or his authorized deputy. A

full set of secondary standards shall be kept, subject to the use of

the public, in the provincial building by each provincial treasurer.
Philippine Islands

The Collector of Internal Revenue shall provide for the frequent xesttag of Govem- testing of all balances, scales, weights, and measures used in the etc. Government work or maintained for public use by any province or municipahty, either causing them to be tested at the Bureau of

Science or by such persons as shall be designated as inspectors of

weights and measures by the Governor-General or as shall, after

due authorization by the Philippine Commission, be appointed

inspectors of weights and measures. He shall also be responsible ^^tasp^ection^md^^caii- for the inspection and calibration of all provincial and mimicipal

standards of weight and measure. The Purchasing Agent shall keep in stock a reasonable number l^^-g'^t^ of such weights and measures as the Director of the Bureau of "res kept by purchasing Science shall decide are best adapted to serve as provincial and

mimicipal standards, and shall sell such standards to provinces and and municipalities municipalities at cost plus ten per centum.

It shall be the duty of the inspectors of weights and measures outy'of inspectors to inspect and test balances or scales, weights and measures, and

to report upon the condition thereof in the districts assigned to them and according to instructions given them by the Collector of

Internal Revenue, and it shall be their duty to coUect evidence of

any infringement of this Act or of fraud in the use of weights and

measures or of neglect of duty on the part of any officer engaged

in sealing weights and measures, and to present such evidence at once to the Collector of Internal Revenue and also to the proper

prosecuting officers. The sealing and licensing of weights and meastues shall be the ||a,e^ of weights duty of the provincial treasurers and their deputies and of the and measures, duties of inspector of weights and measiu-es of the city of Manila and his

deputies, in their respective territories, under rules and regulations

prescribed by the Collector of Internal Revenue with the approval

of the Secretary of Finance and Justice. For the purposes of this

Act these officers shall be termed " sealers of weights and measures."

Sealers of weights and measures shall be prepared to seal and f^i^fgandUcensing

Ucense without undue delay any scale or balance, weight or measure which fulfills the requirements of the law, and they shall furthermore appoint and publish the period during which they will be

present in each of the municipalities or districts within their

territory, prepared to seal and license scales or balances, weights

and measures. Such period shall be sufficiently long to enable the

duty to be performed without undue interference with the business

of the municipality.

Whenever the Collector of Internal Revenue learns that the u^\istactory sealing weights and measures in any place are not promptly and satisfactorily sealed, or that any abuses connected with the sealing of

8578°—12—27
Laws Concerning Weights and Measures

—notice to treasurer Weights and measutes exist, he shall notify the treasurer of the

province in which these conditions exist, or the inspector of weights

and measures of the city of Manila, as the case may be, and he shall

—report to executive report sucli notification and the causes thereof to the Executive secretary Secreta^5^

1 K 1 All correct scales or balances, weights and measures authorized Correct scales or bal- ^ . . - ° ^ . ances, weights, and by this Act, and of such mauufacturc and m such condition that

^ they furnish as Uttle opportimity as possible for the commission of

fraud, and satisfying all other requirements prescribed and pub- —sealing of Ushcd by the Collector of Internal Revenue, shall be sealed upon

presentation to the authorized sealer of weights and measures and

upon the payment of the proper charges.

Sec. i8 Charges for sealing weights and measures shall be 'made accordweights chargesand

formeasures

sealing. , ,i ^ . 11, mg tO the loUowmg SChedulC

—for a linear meas- (qt) por a Hucar measure: Not over one and one-half meters,

ure ' . (a) as ammded June ten ccutavos ; ovcr ouc and one-half meters, twenty centavos; for

48, Pub. Laws, vol. 7,' a Unear measure used in measuring manufactured lumber, not

1907-1909 over one yard, ten centavos; over one yard, twenty centavos:

Pro^'ided, That for a linear measure not in the metric system other

than a measure used for measuring manufactured lumber the

charge shaU be doubled.

ca^*^°

°* (b) For a measure of capacity: Not over ten liters, twenty

centavos; over ten Uters, thirty centavos: Provided, That for a measure over one Uter that does not contain an even number of

liters, and for a measure between one Uter and one deciUter that

does not contain an even number of deciliters, the charge shall be

doubled.

lor a scale or bal- jTqj- scale or balance graduated solely in the metric system

:

With a capacity of over three thousand kilograms, three pesos ; with a capacity of over three hundred and not over three thousand

kilograms, one peso and twenty centavos; with a capacity of over

thirty and not over three hundred kilograms, sixty centavos ; with a

—proviso capacity not over thirty kilograms, thirty centavos : Provided, That

for an apothecary balance or other balance of precision the charge

shall be doubled.

an"^'''yadSted°'^i^^a ^ scale or balaucc graduated wholly or partly in any

mlw? other system than the metric the charge shall be fifty per centum

greater than for a scale or balance of the same capacity wholly in

the metric system.

selild free* weights With each scalc 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.

Ites! disposition of All fces Collected for sealing and inspecting weights and measures

shall be considered as internal revenue and shaU be disposed of as provided in section one hundred and forty-nine of Act Numbered

ance
Philippine Islands 419

Eleven hundred and eighty-nine for the disposition of the proceeds

of the poll or cedula personal tax. After the thirty-first day of December, nineteen hundred and , sec. 20, as amended '1 1 r i_ • J 11- J

Laws, 1907- seven, no person who makes a practice of buying and selhng goods 1909, voi. 7, act 1843, p. of any description may procure the sealing of any linear measure "''After pec. 31, 1907 of any other system than the metric, unless he has had sealed ni^lures,^etc?*

""^^"^ within twelve months a linear measure of the metric system, nor

shall he procure the sealing of any measure of capacity of any other

system than the metric, unless he has had sealed within twelve

months one measure of capacity of the metric system: Provided,

That the provisions of this section shall not apply to buyers andsa^^^^j man^cuired

sellers of manufactured lumber. lumber Payment for the sealing of scales and balances, weights and pa''j;5^ent tor sealing measures shall be made according to the schedule herein contained

by internal-revenue stamps, which shall be affixed to the proper

certificate or receipt in such a manner and by such persons as shall

be prescribed by the Collector of Internal Revenue. The certifi- o^^emSd of cate or receipt so prescribed shall serve as a license to use for one

year from date of sealing said scales and balances, weights and

measures, provided that they suffer no deterioration or damage.

Said certificate or receipt shall be kept by the person to whom it has been issued and shall be exhibited on the demand of any authorized sealer or inspector of weights and measures. No scale, balance, weight, or measure offered for sealing, which ^^g^/g^t 3^3,^5 ^gj. is found by the sealer to be incorrect, or which otherwise fails toai":es.etc. satisfy the requirements prescribed and published by the Collector

of Internal Revenue, shall be sealed until corrected or made to

satisfy the above-mentioned requirements. Sealers and inspectors

of weights and measures shall render to owners of scales, balances,

weights, or measures found to be incorrect or otherwise failing to

satisfy the requirements prescribed and published by the Collector

of Internal Revenue, such assistance in correcting or modifying

such scales, balances, weights, or measures as they may be able to

give.

Sealers of weights and measures shall procure internal-revenue

^l:^^^ procured by stamps from the Collector of Internal Revenue in suitable quan- sealers tities, shall give receipts therefor, and shall be responsible for the

return of said stamps or their face value in money on the demand

of the Collector of Internal Revenue.

Sealers of weights and measures shall keep a record of all scales sec. 24 Record to D6 K6pt by or balances, weights or measures sealed or rejected by them and sealers of all licenses and certificates issued and of the names of the

licensees and of all charges paid by the affixture of internal-revenue

stamps, and they shall permit the inspection of this record by any

inspector of weights and measures or any authorized representative —inspection
420 Laws Concerning Weights and Measures

inspectors

Sec. 26 Violations by Govern ment ofBcers and em

ployees

of the Insular Auditor. They shall furnish such information to

the Collector of Internal Revenue or the Insular Auditor as may

from time to time be required,

purehase o{ weights ^.t any time the purposes of this Act are frustrated by the

and measures by Bu-^ack of Suitable weights and measures for sale by public dealers

reau of mtemal reve- • i-t 1 t\ • t nue at reasonable prices, the Collector oi Internal Revenue may, with

the approval of the Secretary of the proper Department, obtain

through the Purchasing Agent such accurate weights or measures

as may be needed, and cause them to be distributed and offered for

sale by sealers and sale by scalcrs and inspcctors of weights and measures at a price

not to exceed twenty per centum above their cost to the Bureau of

Internal Revenue at the place of deUvery. Sealers and inspectors

shall, however, make it distinctly understood that the purchase of

said weights or measures is in no sense compulsory, and that no

inducement for their purchase is offered except such as is apparent

from their price or construction. No regulations or restrictions

shall be made in favor of said weights and measures to the detriment of other vendors of weights and measures. Any Insular, provincial, or municipal officer or employee charged

with the inspecting or sealing of weights and measures who

attempts, commits, aids, knowingly permits, or suffers through

neglect of his duties any infringement of this Act, or the perpetration of any fraud in the inspecting, or sealing, or use of weights and

measures, or who fails to report to the proper authorities his knowledge or reasonable suspicion that any such infringement or fraud

has been, is being, or is to be practiced or attempted, or who sells or furnishes internal-revenue stamps at more or less than their face

value, or who knowingly demands the affixture of internal-revenue

stamps in greater or less amount than that required by law, or who

practices any other extortion or unfair discrimination, or who asks

or accepts, in connection with the discharge of his official duites,

any money, gift, or privilege, except money taken in exact payment

for internal-revenue stamps as herein provided, or who makes use

for the gain of himself or another of any information obtained in

the discharge of his duties, or of any power derived from his official position, or who knowingly makes any false official report, or who

is interested in the manufacture or sale of any scale or balance,

weight or measure, except as herein provided, shall be punished by

a fine not exceeding one thousand pesos or by imprisonment for not

exceeding two years, or byboth such fine and imprisonment in the

discretion of the court. Any person who fraudulently imitates any mark, stamp, brand,

tag, or other characteristic sign used to indicate that weights

and measures have been officially sealed; or who alters in any way

the certificate given by the sealer as an acknowledgement that

—punishment

See. 27 Fraud
Philippine Islands 421

the weights and measures mentioned therein have been duly sealed, or who makes or knowingly sells or uses any false or counterfeit

stamp, certificate or license, or any die for printing or making

stamps, certificates or licenses, which is an imitation of or purports

to be a lawful stamp, certificate or license of the kind required by

the provisions of this Act, or who erases the cancellation marks on any stamp, certificate, or license previously used, or who alters the

written or printed figures or letters or cancellation marks on any

stamp, certificate, or license used or issued, or who has in his

possession any such false, counterfeit, restored, or altered stamp,

certificate, or license for the purpose of use or reuse of the same

in the payment of fees or charges imposed in this Act, or in securing

any exemption or privilege conferred by the provisions of this Act,

or who procures the commission of any such offenses by another,

shall for each such offense be fined not less than two thousand pesos -punishment nor more than ten thousand pesos and shall be imprisoned for not

less than one year nor more than five years, in the discretion of the

court. Any person who uses in the purchase or sale of anything any use iff scale or bai- scale or balance, weight or measure that has not been officially f°"'^«'8:iit> or meas-

, 1

•' not sealed in ac- sealed within twelve months, or who fails to exhibit his license on cordance wim law the demand of any authorized sealer or inspector of weights and

measures, shall be punished by a fine not exceeding five hundred

pesos or by imprisonment for not exceeding one year, or by both

such fine and imprisonment in the discretion of the court : Provided, -P"°'si"nent however, That if the judge shall ascertain that the person using such

unsealed scale or balance, weight or measure or failing to exhibit a

license as above provided has lived in such remote regions that it has been impracticable for him to procure the official sealing or to

obtain the license required, no penalty shall be imposed.

Any person making a practice of buying or selling by weights or la-jure to present measures, who has in his possession any scale or balance, weight or scaies,^ete^M sealing measure which has not been presented for sealing at the first official opportunity therefor, or who fails to exhibit all the scales or balances, weights or measures in his possession at the demand of

any authorized sealer or inspector of weights and measures, shall

be fined not exceeding one thousand pesos; this fine to be additional to any penalty which may be imposed by the application of

the section next preceding: Provided, however, That the Secretary -proviso of Finance and Justice may, in his descretion, grant a permit to a merchant or dealer who has scales, balances, weights, or measures

in his possession at the time of the passage of this Act for the

purposes of sale only to retain in his possession such scales, balances, weights, or measures without sealing until the same shall be

sold or otherwise disposed of for actual use.
422 Laws Concerning Weights and Measures

use^of false scales, Person who, with fraudulent intent, alters any scale or

^'-punishment 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, or who fraudulently represents the weight or measure of anything to be greater or less than it is, shall be pimished by a fine of not less than two hundred pesos nor more than

four thousand pesos or by imprisonment for not less than three

months nor more than two years, or by both such fine and imprisonment in the discretion of the court,

p^jinent to iniormer Any perSOU, cxccpt an intemal-reveuue agent or ofiicer or other

public official engaged in sealing or inspecting weights and measures, who voluntarily gives information leading to the arrest and

conviction of anyone violating this Act 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, or any officer or employee of the Bureau of Internal Revenue. The informer shall

be ascertained and stated in the judgment of the court, and the

reward shall be paid by the provincial treasurer of the province in

which the arrest and conviction is had out of collections accruing

to that province by virtue of the provisions of this Act, and the sums so paid shall be deducted from the receipts before the same

are distributed between the province and its municipalities.

Contracts unaffected, No coutract made before January i, 1907, shall be affected by

the provisions hereof.

phu.Tom!'!ch''"?i4, p! I'he volume of all round timber shall be ascertained by multi-

'^%ec 1 149 plyiiig the area of the small end by the length of the log. The

^Measurement of tim- Yoliune of all squarcd timber shall be ascertained by multiplying

the average cross section by the length, to which twenty-five per

centum shall be added for loss in squaring. The volume of all sav/n timber shall be ascertained by multiplying the average cross section by the length, to which fifteen per centum shall be added

for loss in sawing.

comp. of Acts of That for the purposes of this chapter an article shall also be Phil. Com., 1908. p. 41S

Sec. 8i8 deemed , 1,1 -111

to be misbranded

:

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.
PORTO RICO

The metric system and the nomenclature thereof shall obtain

throughout Porto Rico.

The standard meter is the unit of standard measure or 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 milimeters [millimeters].

The decameter contains ten meters, the hectometer one hundred

meters, the kilometer one thousand meters and the myriameter

ten thousand meters.

The hectare for land measme must be measured horizontally

and contains ten thousand square meters, the are contains one hundred square meters, and the centare one square meter.

The standard liter and its parts are the units or standards of

meastue of capacity for hquids, from which all other measures of

liquids are derived and ascertained.

The liter is divided into ten equal parts called deciliters, and

into one hundred equal parts called centiUters, and into one thousand equal parts called miUiliters.

A decaliter contains ten liters, a hectohter one hundred liters,

and a kiloliter one thousand liters. The unit of cubic measure or value is the standard cubic meter

or stere, this being a cube whose edge is one meter in length.

The cubic meter or stere contains i ,000 cubic decimeters ; the

cubic decimeter 1,000 cubic centimeters, and the cubic centimeter,

1 ,000 cubic millimeters.

The standard gram is the unit or standard of weight, from

which all other weights are derived and ascertained.

The gram is divided into ten equal parts called decigrams, into one hundred equal parts called centigrams and into one hundred

[thousand] equal parts called miligrams [milligrams].

A decagram contains ten grams, a hectogram one hundred

grams, a kilogram one thousand grams, a myriagram ten thousand

grams, a quintal one hundred thousand grams, and a millier one

milhon grams.

Polit. Code. 1902 Sec. 230 Metric system established

Sec. 23 T The standard for measures of extension

Sec. 232 Subdvisi ons

Sec. 233 Multiples

Sec. 234 Land measures

Sec. 235 The unit of capacity

Sec. 236 Subdivisions

Sec. 237 Multiples

Sec. 238 Cubic measure

Sec. 239 Cubic measure

Sec. 240 Unit of weight

Sec. 241 Subdivisions

Sec. 242 Multiples

423
424 Laws Concerning Weights and Measures

crahMts involving Contracts made v.ithin Porto Rico for work to be done, or for

weights or measures anything to be sold or delivered by weight or measure, must be

construed according to the foregoing standards.

Custody of the stand- authorized standards shall be kept in the office of the

ards Treasurer of Porto Rico and every city and village shall keep a

set of regulating standards for purposes of verification,

fee. 245 . . The Treasurer of Porto Rico shall exercise supervision over the Supervision ol - . weights and measures systcm oi wcights , and, mcasurcs and11111.

shall send an mspector to

make investigations whenever he deems it advisable,

lenaufes '^^^ penalties for using, marking or stamping false weights and

' measures, or selling therewith, shall be as provided for in the

Penal Code.

sTM*i74°^' tended * * * Evcry pcrsou who in putting up in any bale, bag, box,

by Laws, '1908, p. 93 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

ingwei^^?or measure' substance whatcvcr 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 meas- urement of such goods, is punishable by fine not less than twentyPenaity five doUars 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.

Flise^''°weights and A false Weight or measure is one which does not conform to the

measures Standard estabUshed by law.

penalty for using Evcry pcrsou who uscs any weight or measure, knowing it to be

false, by which use another is defrauded or otherwise injured, shall

be punished by imprisonment for not exceeding six months or by

fine not exceeding two hundred dollars, or by both.

penalty for mariiing Evcry pcrsou who kuowiugly marks or stamps false or short

packages'^

'^^'^^ Weight or measurc, or false tare, on any cask or package, or knowingly sells or offers for sale, any cask or package so marked, shall

be punished by imprisonment for not exceeding six months or by

fine not exceeding two hundred dollars, or by both.

luii^'w eight and salcs of sugar, coal, and other commodities, usually sold

measure must be given ^ojj qj- fractional parts thereof, the seller must give to the purchaser full weight, and any person violating this section shall be

punished by imprisonment for not exceeding six months or by

fine not exceeding two hundred dollars, or by both.

Pena1^ In all salcs of merchandise, wares, articles of food or drink or whatever else is purchased by weight or measure, the seller must

give to the purchaser full weight or measure, and any person violating this section shall be punished by imprisonment not exceeding six months or by fine not exceeding two hundred dollars, or by

both.
RHODE ISLAND

The weights, measures and balances received from the United ceu. Laws^^w, ch. States, and now in the custody of the state sealer, and such new

weights, measures and balances as shall be received from the standard of weights, -rT- ir> 111 - ii- measures, and bal- Umted states as standard weights, measures and balances m addi- ances established tion 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.

There shall be a state sealer of weights, measures, and bal- p s^'^- ances, who shall be sworn to the faithful performance of his duty. 809^ p^^-^ sealer of At the January session of the general assembly in the year A. D. weights, measures, and 191 1, and in each fifth year thereafter, the governor, with the ad-

^^'^^^ vice and consent of the senate, shall appoint some person to suc- ceed the person 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 imtil 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.

The state sealer shall have the exclusive custody and control of ^^^^l^ the state the standards so received by the state from the United States, seaier which standards shall be kept in a suitable fire proof place to be

provided by the state. He shall have the oversight of all the

standards ftimished 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 Ust 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.

The state sealer shall furnish a set of standards of weights, meas- st^jj^^^g ures and balances, at such cost as he may deem proper, to each when and how

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

425
426 Laws Concerning Weights and Measures

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 fol- lowing capacities: one-half bushel, one peck, one-half peck, two

quarts, and one quart; six iron wine measures, one each of the fol- lowing 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 potmds,

twenty pounds, ten poimds, 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

Towns and cities to shall also fumish cach town and city, at the expense of the said

be furnished standards , •, 11 1 -xi j.r'ij. 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

discharge of their duties as hereinafter provided.

iS^ection by the '^^^ State scaler may, in the discharge of his duties, inspect the

state sealer. Record weights, measurcs and balances of any person or persons, which

3QO report tiiereoi 11* 1 11* ji 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 The sealer of the different towns and cities shall make an invenTown SBslcr to send

inventory annually to tory of the wcights, mcasurcs and balances furnished by the state

a e sea er couditiou of the samc, 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.

Depu'ty town sealers '^^^ different towu couucils 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 re- quired of them for the time being.

Town sealer to take Evciy towu or city scalcr shall, at the expense of his town or city,

charge^of the^weights, providc therein a suitable place for the safe keeping and preservaances furnished by the tion of the weights, measures and balances furnished by the state,

^'^'^ which shall be used only as standards, and shall not be taken from
Rhode Island 427

the office. 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 bal- ances. He shall procm-e, 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.

Every town or city sealer who neglects to provide a suitable pe^uy for neglect place for keeping such weights, measures or 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. Every town or city sealer shall, once at least in every three years, Town°standards are have the standard weights, measures and balances in his custody ^,3,^^ bl'^^me 'sta°e tried, adjusted and sealed by the state sealer, who shall receive as s^^'^' compensation therefor the sum of fifteen dollars, which sum, to- gether 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.

Every town or city sealer shall annually, at the expense of his lowA sealer to adver- town or city, advertise or post up notifications in public places in*'se annual sealing of -'' ^ ^ , . . weights, etc., used in different parts of his town or city, for every person engaged m the tra^^^

trade of buying or selling, or as a public weigher, who uses weights

and measures, to bring in within a certain 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.

After the expiration of the time limited in the notification which

t^fpub^iaws"""" clf is required to be given in the preceding section, the sealer of weights 615, p. 156^"" • • '' "^ and measures in every town or city shall visit the places of busi- weights,^ nfealures, ness, and enter upon the carts, wagons, and other vehicles then in^"^^'®^' balances use for business, of all the persons engaged in the trade of buying

and selling or of selling, who have v/eights, 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, railroad 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 sec- tion, and try, adjust, and seal the same. For every neglect of duty prescribed in the next preceding sec- lenaVtyoftownseaier tion the town or city sealer shall be fined a sum not exceeding n«gi«<:' 'i^'y
428 Laws Concerning Weights and Measures

Sec. 14 by Pub.

ch. 354, p. : Fees of

city sealeis

Laws,

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 exceeding fifty dollars nor less than twenty-five

dollars.

as amended ^fj^g scalcr of wcights and measures, in any town or city shall

receive 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 poimds

he shall receive a fee of twenty-five cents; for every spring-bal- ance of a capacity of one hundred and less than five hundred

poimds, fifty cents; for every platform scale, of a capacity of five

thousand poimds or more, one dollar; for every balance of a capacity of less than five thousand pounds, fifty cents; for every steel- yard 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 balance used for weighing people shall be tested, and

if found correct shall be sealed by 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 condemned and their use forbidden as hereinbefore

provided. For proving and seahng 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 visiting 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 offence, 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 retained

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.

Unlawful weights. No pcrson engaged in the trade of buying and selUng shall have

ma' tesek^d''^'*^"'^^^ 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

Penalty

Salary
Rhode Island 429

not at the time duly sealed in accordance with this chapter, or which, having been sealed, is no longer correct. If such weights. Duty of sealers 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 can- not be readily adjusted, he shall either seize such weights, measures and balances forthwith and destroy them, or shall affix 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 offence 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.

Every person engaged in the trade of buying and selling, or of pub^' Lawf^^sw

selling, or as a public weigher, who shall use or permit to be used^i^^^iSj^andPub.Lawb',

for him, or have in his possession at his place of business, or upon Penalty for use of ,1 1 • 1 ^ • 1 11 1- • • weights not sealed, and any cart, wagon, or other vehicle which is used by him m carrying for altering weights, on his business, or upon his person while engaged in his business, been sealed^TM*

^^^^ any weight, measure, balance, or scale of whatever description,

unless such weight, measure, balance, or scale shall have been duly

sealed in conformity with the provisions of this chapter, and every Penalties 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 by 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 spring balance 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 offence, one-half thereof to the use of the

town or city in which the offence shall have been committed, and

one-half thereof to the complainant.

Every person who knowingly sells any commodity by weight or Sec. 17 r J. ^-jT ^1 • J. 11 J 1- J ? J.1 Penalty for fraudu- measure for a greater quantity than is actually delivered to the lent sale by v/esght or purchaser thereof, shall be fined not exceeding one hundred dol-TM^^^"^^ lars or be imprisoned not exceeding three months.

Every person who shall keep hay-scales or platform-balances Sec. is for public use shall cause the same to be tried and sealed at least form^baiancls^"** once in six months by a sworn sealer of weights and measures. Every person who shall keep hay-scales or platform-balances penafty for using for public use, or shall weigh or suffer to be weighed in such scales ^a^ie if not sealed or balances any articles of merchandise, unless such scales or bal-
430 Laivs Concerning Weights and Measures

ances shall have been tried and sealed as provided in the preceding section, shall be fined one hundred dollars. whoTo seal same if ^'Tie^ever the owner or keeper of such hay-scales or balances

the office oi sealer' is shall apply to the mayor of the city or president of the town coun-

^"^^

cil, 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 foimd 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^ ji. as amended i^j^e towu coimcils of thc scvcral towus and the boards of alder- by Pub. Laws, 1&99. - -.in • . x 1

• 1 "^Vei^^rsll coal and ^^^Y shall appoint One or more persons to be weighers

other merchandise; of coal and othcr articlcs of merchandise, who shall be sworn and

duHes^^^'"'^'^' ^"^^ 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 merchandise of which

he is either the buyer or seller, or in the sale whereof he has any

interest.

Sec. 22, as amended Evciy pcrsou who shall scll coal or other merchandise without

ch. ^^r^' its being first weighed by a weigher provided for in section 2 1 of

cofi^?foUii7mirSii?- this chaptcr, when the same shall be demanded by the purchaser,

dise unweighed, when

g^j^^j procuring a Certificate of such weight for the purchaser, shall

be fined twenty dollars for each offence,

by Pub^Laws^^os'df Coal, iu quantities of one hundred pounds or more, shall be sold

''cfda"! quantities of ^^'^ight, and, exccpt whcn sold by the cargo, two thousand

be°sow"b/i^'ight^^inP°TM*^^ avoirdupois shall be the standard for the ton. Coal, in

quantities less thak 100 quautitics Icss than one hundred poimds, shall be sold by measure,

Basket or measure and shall be delivered to the purchaser thereof in the same bas-

^^T?n of coal ^cts Or measurcs as are used in measuring it. Said baskets or measures, used in measuring the same shall be of cylindrical form

of the following dimensions, in the inside thereof, to wit: Sixteen

inches in diameter at the top under the hoop, and twelve and one- quarter inches in depth measured from the highest part of the bottom thereof, and fourteen inches in diameter at the bottom ; each

of which shall be deemed to be of the capacity of one bushel; or fourteen inches in diameter at the top under the hoop and nine

and one-half inches in depth measured from highest part of the

bottom thereof, and ten inches in diameter at the bottom, each

of which shall be deemed to be of the capacity of one-half bushel.

Such measures, in selling, shall be filled level full, and every such
Rhode Island 431 measure or oasket shall be sealed by the sealer of the city or town in

which the person using the same usually resides or does business.

Every vendor of coal who has in his possession a basket, box,

tub, vessel, or other measure not conforming to the provisions of

the preceding section, or not sealed as therein provided, with

intent to use the same or to permit the same to be used in measuring coal sold or offered for sale, and any person who measiures coal

sold or offered for sale in any basket or other measure not con- forming to the provisions of the preceding section and sealed as therein provided (or otherwise violates any of the provisions of the

preceding section) , shall be fined not exceeding twenty dollars for

each offence.

The legal weights of certain commodities in the State of Rhode

Island shall be as follows : A bushel of— ^

Sec. 24, as amended by Pub. Laws, 1908. ch. 158^^, p. n7

Penalty for noncompliance with provisions

o£ sec. 23

Apples

Apples, dried Apple seed Barley Beans

Beans, castor Beets Bran Buckwheat

Carrots Charcoal Clover seed

Coal Coke

Corn, shelled Com, in the ear Com meal

Cotton seed, upland. . .

.

Cotton seed. Sea Island. Flax seed Hemp

Hungarian seed

lyime

Poimds.48

254048

60

46

5020

48

5020

6080

40

5670

5030

44

• 5644

50

70

Pounds. 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 196 A ton of coal, net 2, 000 A ton of coa , gross 2, 240

38

5°

32

5°

5048

3360

60

60

54

5650

SO70

4520

565060

Sec. 25, as enacted by

Pub. Laws, 1900, ch,

73S, p. 62. Legal weight of certain commodities

Weight of bushel

Barrel Net ton Gross ton The state sealer of weights and measures and the city and townpSecje^asei^rtedby

sealers of weights and measures in the various cities and towns 669, p. 219

' throughout the stale, shall be, by virture of their respective offices , officio constables 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 May arrest without and to detain for a period of not more than twelve hours any per- son foimd violating any of the provisions of this chapter.

This act shall take effect immediately.

• 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 arrangement adopted here is for convenience in printing.
432 Laws Concerning Weights and Measures

ipf"p 638""^' casks which shall be gauged in this state shall be gauged by

the method or rule commonly called "gauging by Gunter," com- Rules ioT gauging . ,•'-1,.°°'^,-'.

putmg the gallon at two hundred thu-ty-one cubic mches. 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.

Fes's'ior gauging; and The fccs for gauging a suiglc cask shall be twenty-five cents,

casks, how branded g^j^^j f^j- gauging any uumbcr 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.

Penalty for fraudu- Hvcry pcrsou, uot holding the office of ganger, who shall put

lent gauging upon any cask any gauge or other permanent mark to denote the

capacity of such cask, or who shall exercise the office of ganger or business of gauging, shall forfeit one hundred dollars for each

offence; but nothing contained in this section shall be so con- strued or held as to apply to the sale of petroleum or any of its products by weight or for exportation from the state.

Penalty for selling by Evcry pcrsou who shall scll auy commodity by any gauge or

unofficial gauging gaugc-mark, which shall not have been made by a ganger

appointed under this chapter, shall forfeit the value of such commodity sold.

Gaugers in Provi- ^hc city coimcil of the city of Providcncc may, whenever they

dence, how appointed dccm it expedient, appoint for said city a ganger, who may

appoint under him such deputy-gangers as said city council may

approve, and for the official conduct of such deputies he shall be

answerable. Said gaugers shall be subject to such regulations

as said city council may establish not repugnant to law.

Sales* by u. s. gaug- Nothing iu this chapter shall be so construed as to prevent the

ers excepted g^le of any Commodity under the lawful gauge or gauge-mark of

the United States by the inspector of such commodity.

Gen. Laws, 1909, ch. Two himdrcd pounds of beef shall be considered and taken as a

^s'ec. /s barrel of beef, and two himdred poimds of pork shall be considered

Weight of barrel of- -

' 1 r ^ beef or pork and taken as a barrel of pork.

i6?.^p. f^^^' Weighers of cotton may be aimually elected by the city counweighers of cotton cils of the citics of Providcncc and Newport and by the town cotmcils of the several towns, respectively.

Ivn cotton to be All cottou sold iu the state, imless otherwise specially agreed,

weighed shall bc Weighed by the weighers so chosen.

Duties of weighers Such wcighcrs shall corrcctly weigh and record in a book to be

kept for that purpose the weight of each bale of cotton, with the
Rhode Island 433

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,

ntunbers and weight of each bale.

Such certificate shall be given to the seller of the cotton, and the fees^of weighers

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 himdred bales.

Every manufacttner of sewing-thread or persons engaged in

^^f^^- putting up thread on spools or in packages intended for sale shall, ||^^g jj^^^^^ ^^^^ before the same is offered for sale, affix to each spool or package a labeled or ticketed label or ticket designating the number of yards of thread which

such spool or package contains.

Every such person who shall purposely neglect to affix such ||^^,(y

label to each spool or package of thread, or shall, with 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. The following parts of all neat-cattle purchased by the hundred ,y?,^p:^r^-

weight or slaughtered by any person, such person having con- weighabie parts of tracted to accotmt for the same to the owner or seller of the same,'»«^t«=attie shall be denominated "weighable;" namely, the whole of the several four quarters, the hide, horns and tallow. Every person Penalty for not so slaughtering or weighing any neat-cattle and being obliged to SI' fM^^uXpaft""""''

accotmt 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. The town weighers of neat-cattle shall weigh all parts of such weighers cattle made weighable by section one of this chapter, deducting

therefrom for green weight not more than two pounds for every

himdred pounds of the weight thereof.

The fees of such weigher shall be twenty-five cents per head for

||e"s of weigher all cattle weighed, one-half part of which shall be paid by the seller and one-half part thereof by the buyer.

Every person who shall make or bring into this state any butter ^yf^^;^^^^'

firkins or tubs shall brand or mark each one of the same with the ^ k , ^ •1 1 <• ft- • 1 • Butter tubs to be weight thereof and with the imtial letters of his name, m a plain weight, and durable manner, before he offers the same for sale. 8578°—12 28
434 Laws Concerning Weights and Measures

lite ^without brand person shall offer for sale any butter by the firkin or tub

prohibited uuless each firkin and tub shall be branded or marked as aforesaid.

pen^ Every person who shall offer for sale any butter firkin or tub

before the same shall be marked or branded as required in 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

which shall weigh more than the mark or brand on it, allowing two

poimds additional for the brine absorbed by the same, shall forfeit

five dollars, imless there shall be a special contract in relation to

the kind, quantity and quahty of the article sold.

Nuts^ sheued beans ^uts and shelled beaus and all kinds of berries, whenever sold

and berries to be sold by measurc shall be sold by dry measure. And any person who

by measure shall scU any uuts or shelled beans or any kind of berries by any

Penalty mcasure 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.

Gen. i!iws?i909, ch. milk, crcam, and skimmed-milk shall be sold only by stand-

''se?'i" wine measure, and by or in measures, cans, jars, bottles, or

Miik to be sold by other vcsscls or receptacles which shall, prior to being used in such

Wins sicssitrc • Vessels to be sealed sale, be Sealed 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 dehvpenawes criug 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 any 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 roilk, 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 dehvered to him, which sealer shall, upon the receipt of a fee of twentyfive 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 amoimt

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 sell- ing or deHvering the same, for violation of this section.
Rhode Island 435

All firewood offered for sale by the cord shall measure in quan- ly^^/^g^^®'

tity 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 oJ firewood stowed and closely laid together.

Every person who shall sell any fire-wood by the cord in any 3 Penalty for fraud in quantity not well stowed and closely laid together, or who shall ^^'^ ^i^ewood fraudulently and falsely represent any quantity of firewood by

him offered for sale to be a greater quantity, or who shall sell the same for a greater quantity, than it shall actually measure, or who

shall otherwise commit any fraud in the sale thereof, shall be fined

twenty dollars. Every basket used in meastuing charcoal brought into any Iharcoai baskets town for sale shall be of the following dimensions to wit, nineteen

inches in breadth in every part thereof, and seventeen and onehalf inches deep, measuring from the highest part of the bottom

of the basket perpendicularly to a level with the top of the basket.

Every basket shall be sealed by the sealer of weights and meas- sec 5 -•^1 . 1 ^1 ^ 1 11 11 Baskets to be sealed; ures of the town where the person so using the same shall usually and weii heaped

reside, or of the town where such coal shall be so measured for

sale, and shall also be well heaped.

Every person who shall measure charcoal offered for sale in any ^^^^^^^ j^^. ^^^^ basket of other dimensions than as aforesaid, or not sealed as afore- unlawful baskets said, shall be fined twenty dollars. The town councils of the several towns may appoint, as occa- unlawful baskets to sion may require, some suitable person or persons to seize and se- ^| prolg^ijfgj*

"^^''^ *° cure, 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. All short-wood or kindling-wood sold by the basket shall be Dknensions of a bas- 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, baskets to be heaped

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 firewood shall be offered for sale. Forty-eight bas- cord defined kets of said dimensions shall constitute one cord of sawed wood.

Every person who shall sell or deliver any short-wood or kind- lenauy tor sale by ling-wood in any basket not sealed, or of other dimensions than as provided in the preceding section, shall be fined twenty dollars. The town or city sealers of the several cities and towns, and such Unsealed baskets to persons as the town councils of the several towns may appoint, use o1p^rose"utLT'
436 Laws Concerning Weights and Measures

shall seize and secure all baskets used for measuring coal, shortwood, 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.

Penalty for sealing an Bvcry scalcr of Weights and measures who shall seal any basuniawfui basket kct uot bciug of the lawful dimcusions, shall be fined twenty dollars.

Gen. Laws, 1909, ch. Whenever fish are sold by measure for manure they shall be

''se?.'/*^ measured in a barrel or half-barrel, the barrel containing twentyfor*^mTnu?e?to' be eight gallous aud the half-barrel fourteen gallons, which shall be

^^^'^^ sealed by a sealer of weights and measures.

penauy for sealing Bvcry scalcr of wcights and measures who shall seal any barrel

falsely or half-barrel which shall contain a less quantity than prescribed

in the preceding section shall be fined fifty dollars,

penauy for using un- Evcry pcrsou who shall measuTC any fish sold by the measure in

sealed measure any barrel or half-barrel not sealed according to the provisions of

this chapter, shall be fined ten dollars for each offense.

Tan'^sess^'^Ao'^cir'^*?' ^vcry lot or parccl of commercial fertilizer, or material used for

"p. 116

" manuriai purposes, excepting the dung of poultry and domestic

Ifoiiiierciai fertiiiz- ^uimals iu its usual coudition, sold, offered, or exposed for sale

n?twe^w '^''^'^'"'"^''^^t^^^ ^^^s state shall be accompanied by a plainly printed label

stating clearly and truly the number of net pounds of fertilizer in

the package, * * *.
SOUTH CAROLINA

Weights and measures shall be regulated by the standard fixed chT^afp. 624^' by the Congress of the United States. Sec. 1612 Such weights and measures as have been or may hereafter be Sec. 1613 furnished this State by the government of the United States shall treasurer be kept by the Treasurer, and said weights and measures shall be

deemed and taken to be the standard weights and measures, by

which all the weights and measvires in this State shall be regulated.

The Clerk of the Court of Common Pleas and the General Ses-

^^^^ ^^ sions of each Coimty in this State shall furnish, and is required to keep; same to be pur- keep in his office, the weights and measures established by j^w,

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.

That the mimicipal authorities of the cities and towns of this (^ss^, igoo, 1902) State of not less than ten thousand inhabitants be, and they are coai'to^be weighed

hereby, empowered to require all dealers in coal to weigh all qq^j »° ''"^ ^^^'^s 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.

That said municipal authorities may enforce the provisions of

the foregoing Section by such fine and imprisonment as may be

now or hereafter prescribed by law for the violation of the ordi- nances of such cities or towns.

The municipal authorities of cities and towns of this state be, Actsos. i9io,p.62o and they are hereby, empowered to require all dealers and sellers Public weighers 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

pubHc 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 the act 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 act shall apply only to Chester ch'es'te'r'cojmty' coimty.

437

Applies only to
438 Laws Concerning Weights and Measures

Sec ^I'ef-^' The weight of a bushel of cotton seed shall be thirty pounds,

Weight of cotton seed except the sccd of loug Staple cotton, of which the weisrht shall be bolted com meal ^ °^ ^. ^ r iii t t tt • Wei ht of com meal

^o^^Y'two pounds ; and weight of unbolted com meal shall be

eig com mea

£Qj-^y_gjgj^^ pouuds pcr bushcl ; and the weight of bolted com

meal shall be forty-eight pounds per bushel.

Act 8s, 1903 The standard weight of a bushel of corn meal, whether bolted

^ Weighty of bushel of or imboltcd, shall be forty-eight pounds.

by^act

^' f^e^'^^A-^^ shall be unlawful for any person or persons to pack for sale,

slie of cim meal lid sell, or offcr for Sale, in this State, any com meal or grist, except

grist m bags 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, The provisions of

of this section shall not apply to the retailing of meal or grist

direct to customers from bulk stock, when priced and delivered

by actual weight or measure.

I^^jy Any person or persons guilty of violating either of the foregoing sections of this Act shall be deemed guilty of a misdemeanor,

and, on conviction thereof, shall be ptmished by a 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.

^^code, 1902. vol. I, p. Every barrel submitted for inspection as aforesaid shall contain

dsso) such quantity of flour or meal as upon inspection shall be found

Q^uantity of flour in to bc of thc uct Weight of ouc hundred and ninety-six poimds;

^^"^^ and each and every 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.

(1823) Xhe City Council of Charleston shall have full power and

c£rieston° to "reflate rcgulatc and coutrol the sale of grain by measuresale of grain ment or weight, or both, sold within the corporate limits of the

city, in such maimer as will insure a fair, equal and imiform

sale and measurement of the same.

Gaugtal of certain ^ils, molasscs, syrups, wiucs, vinegar and Hquors, (not

ton"°%po1nta^S?^li^d ^^^^ Charleston, either by the hogstennofgauger head, pipe, ptmchcon, 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. 1596 Every barrel of pork or beef packed and sold in this State

pofk^Ldbeef'barrels of shall coutaiu thirty gallons and two hundred poimds weight of
South Carolina 439

Act 60, 1906, p, 94

Sec. 28 Oyster measures —dimensions

Penalty

wholesome, well-cured 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.

All oysters sold in the shell in this state shall be measured

in a circular tub with straight sides, and straight, solid bottom,

with 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 eighteen (18) inches from inside to inside across the top, sixteen (16) inches from inside to inside across the bottom, and twenty-one (21) inches from bottom to top of

chimb. All measures used for buying or selling oysters shall

have a brand, to be adopted by the board of fisheries, stamped

thereon by said board, or its lawful inspectors. Any person

violating this section shall be guilty of a misdemeanor, and, upon

conviction thereof, shall be fined not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) , or imprisoned not more than

thirty (30) days nor less than ten (10) days. And all measures found in the possession of any such person not meeting the

requirements of this section shall be destroyed bv said board

or its lawful agents.

* * * Each package containing oysters canned in this state, j,^^^^^ ^gj^^'^'^'^ or raw shucked oysters gathered in this state, clams gathered in

this state, or terrapins or shad offered for sale or transportation,

shall be stamped by the manufacturer with the number of ounces

of quantity of oysters, and the number of shad or terrapin, andgt^pg^^^J^'^^ggj

the number of bushels of clams contained therein, and the number "y^'^'^^- of ounces or fractions of ounces of oysters contained in each can

shall be plainly stamped in the metal cap of each can of oysters

canned within this state after the first day of May, A. D.

1909. * * * That every load or parcel of concentrated commercial feeding Act304. i9io,p.6i3 stuff sold, offered or exposed for sale within this state shall have weigw to be mariced affixed thereto, or printed thereon in a conspicuous place on ^j^g "JJ^^^^'^^es of leedmg

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

imder which the article is sold; the name and address of the

manufacturer, jobber or importer * * * The term "concentrated commercial feeding stuffs" shall be

held to include all feeds used for Uve stock and poultry, except

Sec. 2 Definition
440 Laws Concerning Weights and Measures

wiLole hays, straw, cotton-seed htills and com stover, when the same are not mixed with other materials; nor shall it apply to

the immixed whole seeds or grains of cereals when not mixed with

other materials, and when not in damaged condition as determined

by inspection to be unfit for feed purposes, mixed or tmmixed.

Art 376. 1910. p- 704 That after the approval of this act, every package of commercial

Weight oi package of fertihzcr or fertihzing material, sold or offered for sale in this state,

^

^^^^ shall contain either one himdred poimds or two himdred poimds

each, and the weight thereof plainly printed on such package.

s^^c^2^ That any person, firm or corporation violating the provisions of

this act, shall, upon conviction, be subject to a fine of ten dollars

for each package so sold or offered for sale, or imprisonment not

exceeding thirt}^ days.

Act 248. 1907. p. 528 That for the purposes of this act, an article shall also be deemed

^'Misbranded" de- to be misbraudcd

:

In the 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.

6 p°62V°'''^°'' -^^^ ranging timber bought or sold in the markets of this State

Sec idi^"^ shall be by board or superficial measurement; and any person or

Rules for measuring persous who shall buy or sell ranging timber in or for the markets

im eran um er Charleston or Georgetown, or any other pubhc market in the

m'^Meme^'-aiega^^S^^^^' ktiown as " sidc and edge measurement, " that is to say, b}^ 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 himdred dollars and not more than three himdred dollars.

Sec

16^^*"^^^ timber shaU be sold or purchased in the City of Charleston

No timber to be sold by au}^ modc of measurement except that denominated board or

Mcept by oar meas

g^pgj-£(,^g^| measurement (imless by special contract between the

parties) , which shall alone be done by the Inspectors or Surveyors

of timber in the City of Charleston.

iSpe^ore elected ^^^J Coimcil of Charleston and the Town Councils of BeauBnnusny fort, Port Ro3^al, and Georgetown, shall each elect annually, for

their respective municipahties, one or more Inspectors and Surveyors of Timber, who, before entering upon the duties of his or

their office, shall severally execute a bond to the said Council, in the

penalty of two thousand dollars, with good sureties, for the faithful

performance of the duties of his or their office ; and shall also take

Oath oi inspector and subscribc the foUowing oath, to wit: "I, A. B., do solemnly swear (or affirm, as the case may be,) that I will faithfully perform

all the duties of Inspector and Surveyor of Timber in the City of

Charleston (or town of , as the case may be) , as prescribed

by the Act of General Assembly providing for the same: So help
South Carolina 441

me God." And said bond shall be recorded in the office of the

Secretary of State, and shall be Uable to suit at the instance of the

State of South Carohna, or of the individuals suffering loss by the

violation of the provisions of this Chapter.

It shall be the duty of the said Surveyors and Inspectors to sec/i?o"' measure all timber in the manner aforesaid brought for sale to the ttobT'^i^^herein^'di- City of Charleston, at the request of any person owning or buying r^cted the same, and shall give a certificate to such person, specifying the

quahty, 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 selhng timber in bulk without measurement.

AH timber and lumber brought to market for sale at the ports of i6of Charleston, Port Royal, ^ Beaufort, and Georgetown, shall be meas- J?^

' ' - spected by licensed ured and inspected by one of the ucensed measurers, selected by measurers 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. 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. The fees to be received by the measurers shall not exceed the fee's'^' 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. The custom of making a deduction from the actual weight of

^ ^"'^^^^^o^, voi. i, art. bales of unmanufactured cotton as an allowance for breakage or

^' (1846, isrs. isso) draft thereon is abolished; and all contracts made in relation to Tare ^on cotton pro- such cotton shall be deemed and taken as referring to the true

'^''"'^'^ and actual weight 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 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 twenty-four pounds; and when buyer

seller agree to sell at net weight, and when bales of cotton are
442 Laws Concerning Weights and Measures

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 are covered with seven yards of standard

jute bagging and six iron ties, the actual tare shall be, and is hereby, fixed at twenty-four pounds.

Sec. 1547*^*'^ It shall be unla-^^ful for any cotton buyer to refuse to accept

Cotton bales weigh- ajjy \iQ\& of cottou, after hc has bought the same by sample ing not less tnan i^'^ ^ • 1 • ^1 1 11 1 -11

cha^tTbfe^ made mer- thcrcof, wcighmg ovcr three hundred povmds, provided same

" ^ * corresponds in quality with sample bought by.

sec^i-'.^'as'amended Upon thc pctitiou of fifty or morc qualified electors, who are

byact 278!'i9o-.p.6i2 growcrs of cotton and who reside within five miles of any place in

weighers may b e which there may be a cotton market, the County Board of Comeiected missioucrs of that County shall aimually elect one or more public

cotton w^eighers for said cotton markets, whose term of office shall be

for one year and until the election and qualification of his or their successor or successors. All cotton weighers in the county of

Greenwood, appointed as provided by this section, shall receive as compensation for their services ten (lo) cents per bale for

each bale of cotton weighed by them, one-half {%) to be paid by

the seller and one-half (K) by the buyer.

sel^s'^as'&m^ded Bcforc entering upon the duties of his ofiice, each cotton w^eigher

''cotton ' w°e1khe^r to shall bc legally sworn to discharge the duties of the position, by

compeuslSol''*^''"'^' somc officer authorized to administer oaths, and shall enter into

bond in the sum of three himdred dollars for the faithful performance of his duty, which bond shall be approved by the

County Board of Commissioners and filed with the Clerk of the

Court of Common Pleas and General Sessions for the Coimty 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 where the weigher may be paid

by individuals or corporations, at which markets the seller shall

pay nothing.

{1S96. igoi. 1000) It shall be the duty of each weigher to provide a platform and bee. 1554, as amended . ^ . ' . - . ° ^ .\

D^i?ieso?wei''hr° ^^^^^^ 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

Deputy weigher inability from sickness or other cause, and from the first day of

March to the first day of September of each year, a w^eigher may
South Carolina 443

appoint a deputy, who shall take, before entering upon his duties,

the usual oath of the office in the manner required for 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.

The provisions of sections iss^ and ISS4 shall not apply to U^Qi, is^, 'oor. tow-) ^ . .,1 , . Sec. I5SS, as amended sales made on plantations or at cotton mills, nor to the counties W ch. 383. p. 716. acts of Charleston, Greenwood, Taurens, Berkeley, Spartanburg, Aiken, Exceptions to pre- Horry, Georgetown, Richland, Saluda, Beaufort, lyancaster, ^^j-jg,

sections

ville, York, Newberry, Kershaw, Oconee, nor to the town of Liberty, in Pickens Cotmty, or to Anderson township in Anderson

County: Provided, further. The mayor or intendant of an incorporated town in Greenwood County, upon petition of twenty-five

farmers who live in a radius of five miles, and who are free holders,

shall order an election to be held on the first Saturday in August

of each year for cotton weigher, and he shall declare the candidate

receiving the highest number of qualified electors, weigher for one year from day of said election. All farmers who sell cotton

at said depot shall be allowed to vote. Provided they reside in

Greenwood County: Provided, That, in the County 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

qualified: and Provided, further. That in the County of Edgefield the provisions of this act shall apply to all cotton sold or

stored in warehouses.

^^^^^^ Upon the petition of twenty-five, or more, qualified electors, sec. 1556 who are growers and buyers of cotton, or cotton growers or cotton buyers, resident within five miles of Honea Path, the cotton weigher for Town Council of said town shall, within thirty days after the

receipt of said petition, provide for and annually conduct an

election, and in the usual manner of elections in said town, for a public cotton weigher for said town, whose term of office shall

be for one year, and until the election and qualification of his successor. At such election all and only cotton growers and
444 Laws Concerning Weights and Measures

cotton buyers who are qualified electors and reside within a

radius of five miles of the depot in said town, shall be entitled

to vote; the said Town Council shall declare the result of said

election, and the person receiving the highest number of votes

shall be the public cotton weigher for said town, and he shall

compensauon rcccive as Compensation for his services not exceeding five cents

per bale for every bale of cotton weighed, one-half to be paid by

the buyer and one-half by the seller; such weigher shall finally

adjust and settle all differences or disputes between buyers and

sellers as to proper deductions to be allowed from water, dampness, damaged cotton, or any false packing; and the said weigher

shall test the scales every morning before weighing cotton, so

as to insure accuracy. In case of inability from sickness or other

cause, the said weigher may appoint a deputy, who shall take,

before entering upon his duties, the usual oath of office in the

manner required of the weigher. Before entering upon the duties

of his office, said cotton weigher shall be legally sworn to discharge

the duties of his position by the Intendant of the town of Honea

Path, 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 Town Council of Honea Path, and filed with

the Clerk of the Court of Common Pleas for Anderson County.

The elected weigher shall be responsible on his bond for the

official acts of his deputy,

ipeciarprovision as There shall be annually elected by the qualified voters of

we^L^rs'^ln" Pickens '^^^^^'^^ C. H. township, Easlcy township, and I^iberty township,

and Oconee Counties respectively, in Pickens County, and Seneca township, in Oconee

County, a cotton weigher for Pickens,^ one for Easley, and one for

lyiberty, and one for Seneca in Oconee County. Such weigher

shall be duly sworn to discharge the duties of the position by some

officer authorized to administer an oath. The election of such

weigher shall be on the third Saturday in August, 1899, the polls

to open at 10 a. m. and close at 5 p. m. at each of the said towns,

and on the third Saturday in August each year thereafter. The

Town Council of each of said towns, respectively, shall appoint

three men as managers of said election, and shall give notice of the

time and place of holding the same at least ten days before the day

of said election.

bo^fMrnplnsation 0? '^^^ ^^^^ wcighcrs shall respectively enter into bond to the Town

Council of his town in the sum of three hundred dollars for the

faithful performance of his duties, which bond shall be approved

by and filed with the said Town Council of the said Towns in said

Counties; and said weigher shall receive as compensation for his

' Act 2?8, 1907, p. 626, provides for the election of a cotton weigher for the town of Pickens.
South Carolina 445

sen-ices ten cents per bale for each bale weighed by him, the same

to be paid in equal proportions by the buyer and seller. It shall be the duty of the said cotton weigher to provide scales ouues of weighers and ample facihties for handling cotton sold and weighed. It

shall be the duty of the said weigher to weigh all cotton brought

to his town for sale fairly and promptly, issuing a ticket therefor,

which shaU show the weight of each bale. It shall be his further

duty to adjust any differences between buyers and sellers as to

moisture, mixture or false packing. In case of disabihty, by

sickness or other cause, the said weigher may appoint temporarily a deputy, who shall take the usual oath of office before a Magistrate previous to entering upon his duty.

When any false weighing or omission of duty on the part of any Liabaity of weighers one of said weighers occurs, w^hereby either buyer or seller suffers

loss or is injured, such weigher and his bondsmen shall be held

liable to the extent of such loss or injury.

This section shall not apply to purchasers or weighers of cotton Exceptions for the Easley Cotton Mills, in the town of Easley, nor to purchasers or weighers of cotton for the Pickens miUs, in the town of

Pickens.

The Coimty Commissioners of Lancaster Coimty are authorized sec. 1538 and directed to order elections to be held in the towns of Lancaster, weigher in Lancaster Heath Springs, and Kershaw, in Lancaster County, on the second ^""'^ Tuesday in August, 1899, and every two years thereafter, for the

purpose of electing a pubUc cotton weigher for each of said towns,

respectively; and said Commissioners shall make such rules and

regulations for the government of such elections as to them shall seem proper; they shall also fix the compensation to be received

by each of said cotton w^eighers, said compensation not to exceed

five cents per bale for each bale of cotton weighed by any one of

them. Said Commissioners shall canvass the votes polled at said

elections, declare said elections, and issue a commission to the

person declared elected: Provided, That no person elected public

cotton weigher imder the provisions of this section shall receive a commission to enter upon the discharge of his duties as such public

cotton weigher until he has entered into a good and sufficient bond,

with two or more sureties, in the sum of one thousand dollars, payable to said Commissioners, and conditioned for the faithful performance of his duties as such cotton weigher, said bond to be

approved by said Commissioners. Any other person than a duly

elected and commissioned cotton weigher, charging or receiving any

simi or sums of money or other valuable consideration for weighing

cotton in said Coimty of Lancaster, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not

exceeding one himdred dollars, or imprisonment for a term not
446 Laws Concerning Weights and Measures

exceeding thirty days. The said commissioners are authorized to

fill any vacancy caused by the death or resignation of any cotton

weigher elected under the provisions of this Section by appointment.

Sec issSA^lamend- cvcry city of morc than twenty thousand and less than fifty

ed by act' 19, sess., thousaud inhabitants, as shown by the last preceding United

1 9 1 1 p 31 sec I ^ ^

A. ^ States census, and within the township m which such city is situated, the purchase and sale of cotton in bales shall be regulated by

the provisions of this section. The County Board of Commission-

^^biic cotton plat- ers shall cause to be maintained a pubHc cotton platform adequate

to hold not less than three thousand (3,000) bales of cotton, said

platform to have a substantial roof, sufiicient number of suitable

scales, and to be located as accessibly as possible to the raihoad,

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,

eiMted°wh«i* ^^^^^ iQi I , 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. Such cotton weigher, before receiving his commission, shall

take and subscribe to the oath of office and enter into a bond, with an approved surety company as surety, in the sum of one thousand

dollars for the faithful performance of his duties, payable to the

Coimty Board of Commissioners for the use of any party who may

be aggrieved, said bond to be approved by said board and filed with the Clerk of Court, the premiums on said bond to be paid by

said board. 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 ist to

Duties December 31st, and may have other assistants during the year.

He shall frequently test the scales at said platform and keep them

accurate, and 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 to 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
South Carolina 447

pvirchase 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 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

insurance by deducting the amount thereof from the charge hereinafter provided to be collected for the use of the platform by cot- ton remaining thereon more than three days. The public cotton

weigher, herein provided for, shall appoint a deputy to serve in his Deputy 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 ofiice, the bond of

the cotton weigher being liable for the official acts of such deputy.

The pubUc 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 pm'chased in such city or townsliip at weights ascertained by

weighing in such city or township (it being intended hereby not to

include imder 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 Proviso 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 platforms or at gin houses or bought upon the faith of weights guaranteed by the sellers. The

said cotton weigher shall render to the Coimty Board of Commissioners a monthly statement of the cotton weighed by him, and

shall pay to said board as compensation for the use of the platform

and equipment, after deducting the cost of maintaining the blanket

insurance to cover, during the cotton season, at least fifty bales of

cotton left upon the platform for sale, as hereinabove provided for, one cent per bale for all cotton weighed on said platform and onehalf the amount collected for cotton remaining on the platform
448 Laws Concerning Weights and Measures more than three days. All other moneys received by virtm-e of the

charges herein provided for shall be retained by the cotton weigher

for his compensation and expenses. The Coimty Board of Commissioners shall have power to remove from his office the said cot- ton weigher after at least three days' notice why he should not be

removed, and on sufficient cause being shown, and said board

shall fill any vacancy in a manner hereinabove provided for the

election of a cotton weigher.

Sec. isssb, as amend- Auy and cvcry person, for himself or his agent, and any corLaws, 191 1, p. 'f;

' poration, who shall sell or buy in such city or township any

iat^pro^TioMher°eta°' cotton bale or bales contrary to the provisions of Section 1558a,

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. T' That from and after the approval of this act, it shall be imlawful

iro^weiSJt o?cotton"'^' ^°'* persou, 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 act, the offender shall be

guilty of a misdemeanor and shall be fined in the sum of not less than five dollars, nor more than twenty-five dollars, or imprisoned

not less than ten days, nor more than thirty days : Provided, That

this act shall not apply to what is known in the trade as round

bales, and bales of cotton which weigh less than three hundred

pounds.

Cotton^' we?gher''1or That from and after the approval of this act, there shall be

the town of Kershaw annually elected by the qualified electors, resident within the

coimty of Kershaw, a public cotton weigher, who shall have an

office in the town of Kershaw, in said county. Such weigher shall

be sworn to discharge the duties of the position by some officer

authorized to administer an oath. * * * Xhe said weigher

shall enter into bond to the said county supervisor in the stmi of

three hundred dollars for the faithful performance of his duties,

which bond shall be approved by and filed with the said county

supervisor, and said weigher shall receive as compensation for his

services ten cents per bale for each bale weighed by him, the same

to be paid in equal proportions by the buyer and seller. It shall be the duty of said cotton weigher to provide scales and ample

facilities for handling cotton sold and weighed. It shall be the

duty of the said weigher to weigh all cotton brought to him to be
South Carolina 449

weighed fairly and promptly, issuing a ticket therefor, which shall

show the weight of each bale. It shall be his further duty to

adjust any differences between buyers and sellers as to moisture,

mixture or false packing. In case of disability, by sickness or other cause, the said weigher may appoint temporarily a deputy,

who shall take the usual oath of office before a magistrate previous

to entering upon his duty. When any false weighing or omission

of duty on the part of said weigher occurs, whereby either buyer

or seller suffers loss or injury, such weigher and his bondsmen shall

be held liable to the extent of such loss or injury. * * * Xhe

person receiving the highest number of votes cast in such election

shall be the cotton weigher for the said town, and his term of office shall be for one year and until the election and qualification of his successor. That from and after the approval of this act, there shall annually 3^"^^/*' p- be elected in each town in the county of Chesterfield, where cotton ^^^"'g'''?^ chls'tfi^eid is marketed, a public cotton weigher, who shall be sworn to dis- county'" charge the duties of the position by some officer authorized to administer oaths. * * * Jn the event of temporary illness or other temporary disability, to discharge the duties of said office,

such cotton weigher shall have the right to appoint a deputy to

discharge the duties of said office, who shall take the usual oath

before entering upon his duties. In the event of vacancy by death

or resignation, the town coimcil shall have the right to fill said

vacancy by appointment for the unexpired term. * * * Xhe

said weigher shall enter into bond to the said town council, in the

sum of two hundred ($200) dollars, for the faithful performance of

his duties, which bond shall be approved and filed with the said

town council, and said weigher shall receive a compensation for his

services eight cents per bale, four cents to be paid by the purchaser

and four cents to be paid by the seller. It shall be the duty of such . . weigher to provide scales for the weighing of such cotton as may

be brought to such market, which scales shall be subject to inspection at all times by the clerk of court of said county. It shall . ; be the duty of such weigher to adjust all differences between

purchasers and sellers as to moisture or dampness of said cotton,

etc 'i^ ^ ^ 8578°—12—29
I

i
SOUTH DAKOTA

A bushel of each of the articles enumerated in this section shall

consist of the number of pounds avoirdupois respectively affixed sec," 3166, as amended

1 . , by Sess. Laws 1901, p. to each, viz : ^

.314 Pounds. Oats 32 Legal weights oi the Onions 52 bushel Potatoes, Irish 60

Potatoes, sweet 46 Peas 60 Rye 56

Salt 80 Tumips 60 Timothy seed 42 Wheat 60

Spiltz 45

Pounds. Barley 48 Beans 60 Bran 20 Buckwheat 42 Beets 60 Broom com seed 30

Cora, shelled 56 Com in the ear 70 Clover seed 60 Lime 80

Coal, stone 80 Flax seed 56 A ton of hay shall consist of two thousand pounds ; or, by meas- |^ 31^67 ^^^.^ urement, three hundred and forty-three cubic feet, after the same^^^^ure

shall have been stacked thirty days, or such time as may be agreed

upon between the parties.

A perch of mason work or stone is declared to consist of twenty- Perc^' of masoniy

five feet cubic measure. The Treasurer of this state shall procure and keep in his office at 3169''''^^ the capitol of the state the following standards of weights and standards of weights

. . . ° and measures to be measures, which shall conform m every practical particular to the kept by state treasurer United States standards of weights and measures, to-wit* One

bushel, one-half bushel, one peck, one-half peck, one quart, one wine gallon, one wine half gallon, one wine quart, one wine pint, one wine gill. Said measures shall be made of copper or other

suitable and substantial material; also one surveyor's chain thirtythree standard feet in length, one yard measure, one foot measure,

and one inch measure; also one one-hundred pound weight, one

^^^th

fifty pound weight, one twenty-five pound weight, one ten pound -y^eigin weight, one one-pound weight, one half-pound weight, one quarterpound 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 poimd to one grain; besides such other scales, beams and balances as shall

' For convenience in printing a slight change has been made in the arrangement of these articles.
452 Laws Concerning Weights and Measures

Scales and balances

be necessary to test other weights by these standards; which

measures, scales, weights, beams and balances, are hereby declared

to be the legal standards of weights and measures for this state. The said state treasurer shall be charged with the custody and

accountable to the state for the proper use and care of the same.

Said standards shall be used only for testing the standards provided for in section 3170, and said treasurer shall keep a record of

all county weights, measures, beams and balances marked and

tested by him.

cmii^ty'°comniission- The couuty commissioucrs of each county are hereby authorized

pucaTMs^

purchase du- purchase such duplicates of the above enumerated weights and

County standards nieasures as they shall deem necessary for the use of their respective counties in carrying out the following provisions of this article,

which duphcates shall be paid for by the county and delivered to

g^^j^^ the sheriff, who is hereby declared to be the sealer of weights and

measures for the county, and may appoint such deputies as he may

consider necessary in different parts of the county, who shall possess the same powers and perform the same duties under this arti- cle as the sheriff may, and may furnish such deputies with duphcates as the county commissioners may be willing to provide for

their separate use, or may allow them to use those provided for

Bond required himsclf. Each and cvcry such sealer and deputy sealer of weights

and measures shall give a bond to the county of not less than

double the cost of the duplicates furnished him, conditioned that

he will safely keep and care for such duplicates, and in good condition will turn them over to his successor, and upon said bond shall

take and subscribe an oath of office substantially the same form as that administered to other county officers.

IheriffYo test weights The sheriff as ex-officio sealer of weights and measures shall

and measures ^j^g mouth of July iu cach year test by his dupUcates all scales,

weights and measures found by him in his county, used as provided in section 3172 and shall give the person in charge thereof a certificate of the correctness thereof, if found to be correct; and if fotmd to be incorrect, he shall cause the same to be made

correct if it can so be done, and if not, he shall mark the same

"condemned." He shall keep a record of all such certificates

issued by him and of all his transactions imder this article. For

testing any measure, weight or scale as provided in this section

he may charge the owner or person in charge the sum of fifty cents: Provided, that when any scale is tested the certificate

shall cover the weights used with scale, and the sealer shall not

be allowed to charge more than fifty cents for testing each scale

and its several weights.

Sec. 3172 The county commissioners of each county shall prescribe, by

of food, etc., sold with- resolution to that effect, what kinds and quantities of goods,

Mdm'tasurel

'^^'^'"^ warcs, merchandise, grain, live stock and produce may be sold
South Dakota 453

or exchanged with or without the use of the standard weights

and measures and tested scales, and may amend such resolution

at any regular meeting, which resolution and amendments shall

be entered in the minutes of their meeting and published as part

of their proceedings; and it shall be unlawful for any person, firm

or corporation, by themselves or any representative, to use any

scale, weight or measure for computing the quantity of any goods,

wares, merchandise, grain, live stock or produce to be bought or

sold by him or them in any greater quantity than that allowed

by the board of county commissioners of the county without

having the same conform to the standard provided for by this

article, and having the same tested as provided for in section

317 1, or tmder the conditions named in 3174.

Any person believing any dealer is violating any of the provi- lomlUhit on vioia- sions of this article or any subsequent resolution of the board of""'"''^^^ cotmty commissioners made by authority hereof, may make complaints in writing to any sealer or deputy sealer and deposit with

him five dollars, setting forth the particular facts of 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 scale, weights or measures respecting the matter complained of, by his duplicates, and if found to conform thereto he

may convert the five dollars so deposited by the complainant to

his own use as his fees for such service. If he finds that any of

the matters complained of be true he shall return the five dollars to the complainant, and it shall be his duty to forthwith arrest the person in charge of such scales and bring him to trial before

any justice of the peace in the county; and upon conviction such

person, whether the owner or not, shall be guilty of a misdemeanor

and punishable in the discretion of the court. In all such cases Procedure the sealer or deputy sealer making the test shall make and swear

to the complaint in court and shall be entitled to the same fees as allowed officers making arrests upon a warrant, besides the

sum of one dollar for making the test. Any sealer may upon

his own view of violation of the provisions of this article or any

subsequent resolution made by the board of cotmty commissioners of his county by authority hereof, arrest and bring to trial such offender in the manner above provided.

It shall be the duty of every person, firm or corporation who IVoMeaiertohave

desires to use any scale, weight or measure for computing the ^||'s^TMeasures, and quantity of any goods, wares, merchandise, produce, grain or

live stock to be bought or sold by him or them in greater quantity than those provided in the resolutions of the cotmty commissioners of his county, to send by mail a notice to any sealer

to test such scales, weights or measures, and it shall be the duty
454 Laws Concerning Weights and Measures

of any sealer receiving such notice to test such scale, weights or measures within ten days, and during such time before the same

are tested the same may be used for such purpose, and the user

shall be Hable only for damages in a civil action.

by^esl.'laws.^'^ch^ ^^^^^^ to Sectlous 3170, 3171, 3 1 72, 3 1 73 and 3174,

""^when act takes effect ^^^^^ ^^^^ effect and be in force, in each county in this state, upon

a resolution to that effect, adopted by a majority of the board of

county commissioners thereof, and published in each of the

official county newspapers of said coimty; provided, that any

such board of county commissioners shall, whenever requested so

to do by a petition signed by not less than five per cent of the legal

voters of such county, based upon the returns of the last preceding

general election in and for such county, adopt and publish such

resolution as aforesaid.

i9S?cii. so!p*'ii7^°''^' If any person with intent to defraud, use a false balance, weight

False ^'weights and measurc, iu the weighing or measuring of anything whatever

measures that is purchascd, sold, bartered, shipped or delivered, for sale or

barter, or that is pledged or given in payment, he shall be pimished by fine not exceeding one htmdred 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.

R^et^a'ining false Bvcry pcrsou who retains in his possession any weight or

weights and measures jjjga,sure, knowiug it to be falsc, imlcss 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, shall be punished as therein provided.

Iliitag false weights Evcry pcrsou who is authorized or enjoined by law to arrest

and measures auothcr pcrsou for a violatiou of sections 659 and 660, 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.

\vefghts may be magistrate to whom any weight or measure is delivered,

tested and destroyed pursuaut to the last scctiou, shall upou 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

indictment or trial, as the interests of justice in his judgment

require.

Destruction of false Upou the couviction of the accused, such state's attorney shall

weights or measures causc any Weight or mcasurc in respect whereof the accused
South Dakota 455

stands convicted, and which remains in the possession or under

the control of such state's attorney, to be destroyed.

Every person who knowingly marks or stamps false or short Fraiid^uient stampa, 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.

Any person, firm, company or corporation ptirchasing grain in sec. 665^ the State of South Dakota who shall take or keep a greater number grfta"'*^"* of pounds for a bushel than that established by law is guilty of a Dockage a misde- misdemeanor.

There shall be appointed in each city of the state, by the city Rev. pol c^de. 1903 council thereof, at least one public weigher and measurer, and in Appointment ot pub- all incorporated towns at least one such public weigher and ^^'8**®' measurer, and such public weigher and measurer shall be appointed

in April of each year, and shall hold his office for one year and

tmtil his successor is appointed and qualified.

^ Every city, or town in which such public weigher is appointed, standards furnished shall furnish to each such public weigher and measurer a set of

weights and measures of the United States standard, which shall

be under the exclusive control of such weigher and measurer.

It shall be the duty of each such city or town to procure for Icaies^fumished 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 arranged for

weighing in a convenient place in such city or town, to be selected

by the city council, and such scales shall be under the control and

management of the public weigher and measurer appointed to the same.

It shall be the duty of the public weighers appointed under the Duty'oi weighers 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.

Such pubUc weigher shall test by his standard weights any Testlnl^ measures, scales used by any person dealing with the public, and test alP**^' measures brought to him to be tested by the standard measures

in his possession, whenever requested so to do by any person

interested in the correctness of such scales or measures. The pubUc weigher and measurer shall give to every person clnuiMte for whom he does any weighing a certificate showing the gross

amoimt thereof, and shall keep in his office a true and correct copy of the certificate so given, which certificate shall be prima

facie evidence of the weight of the article, animal or load so weighed.

The pubHc weigher shall receive for each weight so made by lies''" him a sum of ten cents, and for each scale so tested by him the
456 Laws Concerning Weights and Measures

Sec. 1558 To keep scales good condition

Sec. IS59 Penalty

Sess. Laws, 1903, ch.

210, p. 274

Sec. I Scales to be

spected

in

Sec. 2 Appointment of in spector

Duty

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 test is made.

In It shall be the duty of the pubUc weigher and measurer to keep

the scales over which he has control, by virtue of his ofi&ce, in

condition to make true and exact weighing.

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 or persons for the purpose of deceiving any person or persons 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 cormty jail for ninety

days, or by both such fine and imprisonment.

All scales over which any grain, Uve stock, produce, coal or merchandise of any kind is weighed, in quantities over five himdred (500) pounds either in buying or selling, receiving or shipping, may be inspected as provided in this act, at least once in

each month of each year and oftener if occasion requires, as provided for in this act. The mayor in each city, or the president of the board of trustees or township board in organized townships and board of county

commissioners for unorganized townships in any [injcorporated

town or village, organized or unorganized townships may, if deemed necessary, appoint a suitable person, resident of said

city or town, organized or unorganized townships as city or town, organized or unorganized township inspector of scales

whose term of office shall run with and be concurrent with the

term of office of said mayor or president of the board of trustees,

and said appointment shall be subject to confirmation by the

city council of said city or board of trustees of said town. It shall be the duty of said inspector of scales to examine and test each and every scale within the corporate hmits of his city or town on which any articles of commerce are weighed in quantities over five hundred (500) pounds when bought or sold, at least once in each calendar month and he shall affix to said scale the

day and date of each test by affixing the brand or device, viz.: Examined, tested and found correct (or incorrect) as the case may be, this day of .

Inspector. With his official signature on said brand or device. And he

shall keep a record of the day and date and the name and owner

of the scale or scales so inspected and in case he finds the scales

incorrect, he shall give notice to the person owning or operating
South Dakota 457

said scale, and said scale shall not be used until it is satisfactorily

adjusted.

The owner or person operating said scale or scales where the same are found incorrect and so branded shall be deemed guilty

of a misdemeanor, and upon conviction thereof shall be subject

to a penalty in the discretion of the court in any sum not exceeding one hundred doUars.

For the purpose of service of any process or notice as provided

for in this act, any notice or process shall be deemed served on any

foreign corporation, raihoad corporation or non-resident of the

city by leaving a copy of the same with the person in charge of

the scale or scales or with the resident agent of the said corporation or raihoad corporation or non-resident in said city or town.

The city or tovm scale inspector shall have the right to inspect

and test any and all scales within his city or town hmits on which

any article of commerce is weighed in quantity over five hundred

(500) potmds, either in buying or selhng.

The compensation of inspector of scales shall be fixed by the

city coimcil or board of trustees, township board in organized

townships and boards of coimty com^missioners for imorganized

townships and shall be paid out of the city, tov^Tiship or cotmty

treasviry. It shall be the duty of the raihoad commissioners of the state of

South Dakota to supervise the handling, inspection, weighing,

grading and storage of grain and seeds, to establish all necessary

rules and regulations for the weighing and inspection of grain, and

for the management of the pubhe warehouses of the state, as far as such rules and regulations may be necessary to enforce the provisions of this article, or any law of this state in regard to the same;

to investigate all complaints of fraud or oppression in the grain

trade of this state, and to correct the san e as far as it may be in

their power.

Said board of commissioners, or any one or more members

thereof, may at any time without notice enter any public ware- house in this state and test and seal all weighing scales and measures used in conducting said warehouse business, and for that purpose the said commission is hereby authorized to provide itself with

standard weights and measin-es.

Every person, association or corporation transacting the busi- ness of a public vvarehouse man in this state 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

ofiB.cers, and every consignee of grain so shipped shall transmit and

Sec. 3 Penalty

Sec. 4 Service of process

Sees

Power of inspector

Sec. 7 Compensation

iiSQo) Rev. Pol. Code, 1903, ch. 8, p. 95 Sec. _48i Duties of railroad commissioners

Sec. S03 Board shaU test scales To provide itself with

standard weiglits and

measures

Laws, 1909, ch. 77, p.

133Sec. I Weighing of grain at warehouses
458 Laws Concerning Weights and Measures

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 days after the

issuance of such certificates, and the said certificates shall be open

to the inspection and examination of any person who has an ownership interest in such shipment.

1^^'',^ Any person, association or corporation violating the provisions

of this act shall be guilty of a misdemeanor and upon conviction

thereof shall be fined not less than fifty dollars nor more than one himdred dollars for each and every offense.

as^mlid^by^iaws; * * * That for the purpose of this act an article shall also

''sec*^6

^' ' deemed to be misbranded.

In case of food. * * * Third. Every package-form, bottle or container, if the same

does not bear the true net weight, the true net measure or true

numerical count, the name of the real manufacturer or jobbers,

and the true grade or class of the product, all of which is to be

expressed on the face of the principal label in clear distinct

English words, so that the same can be plainly read. Provided,

that package, bottle, or container on hand at the time of taking

effect of this act do not come within the provisions of this paragraph.

^^se^-^Laws. 1911, ch. 'Xhc term "concentrated commercial feeding stuffs" as used in

Sec.' I this act, shall be held to include all feeding stuffs used for feeding

Feeding stufis; defi- ^

' , , ^11 • 1 1

• nition of five stock and poultry, except whole, unmixed seeds or grains,

whole hays, straws and corn stover.

If'' J. The term "stock food" as used in this act, shall be held to

stock food; definition . , , , . ' , , , of include all condimental, patented, proprietary or trade-marked

stock or poultry foods in powder form claimed to possess medicinal

properties or both medicinal and nutritive properties, whether

sold under names such as food, tonic, regulator, powder, conditioner, remedy, or under whatever name it be sold.

Ilemng stufis to have manufacturer, company, person or persons who shall sell

net weight maiiied offer or cxpose for salc or for distribution in this state, any concentrated commercial feeding stuff, shall furnish with each shipment, and shall affix to every package or parcel of such feeding

stuffs, 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:

(a) The net weight of the package; provided that all concentrated commercial feeding stuffs shall be in standard weight

bags or packages of twenty-five pounds or multiples thereof, or

in bulk;

(b) The name, brand or trade-mark;
South Dakota 459

(c) The name and principal address of the manufacturer or person responsible for placing the commodity on the market; * * * . Every lot, parcel or package of stock food as defined in section

2 of this act, sold, offered or exposed for sale or distributed within weight marked 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;

(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; * * * .

TENNESSEE

The standards of weights and measures in this state shall be the Shannon -s code.

1 I t 1 1 r 1 Tx • 1 1896, Pt. I, title 14, ch. same as those adopted by the government of the United States, 17. p- 794 in accordance with the joint resolution of congress, approved June Sec. 3474 24, 1836, copies of which are in the care of the superintendent of andfrn^sures'

^^'^"^'^ weights and measures, in the capitol; that is to say:

(1) The standard of length, a copy of a brass scale in the office i-eoetn of weights and measures ^ in Washington, one yard or thirty-six

inches in length, at the temperature of sixty-two degrees Fahrenheit.

(2) The standard of liquid measures, a gallon containing two i-'qu'd measure hundred and thirty-one cubic inches such as are shown on the subdivisions of the yard.

(3) The standard of dry measure, a bushel containing two r>ry measure thousand one htmdred and fifty and forty-two hundredths of such

cubic inches.

(4) The standard of weights for the precious metals, jewels, etc., weight a copy of the troy pound of the United States mint, containing five

thousand seven hundred and sixty grains; the standard of commercial weights, the avoirdupois pound, containing seven thousand

of such grains.

He (the Superintendent of the Capitol) shall take charge of the ^ode Vsgf pt i title standard weights and measures which have been received from thes.ch. 2;art. '6,p. I'ss

• »3CC. 305 general government, and keep them in the room in the capitol ^^^standards, who to which has been assigned for the purpose, and use every precaution

for the perfect preservation of the same. On his resignation, removal from ofiice, or removal from the seat custody in vacancy of government, he shall deliver the state standards to his successor, or to the secretary of state. The state standards shall not be used except for the adjustment i?ate^ltandards, how of county and city standards and scientific purposes.

The governor shall cause to be made, under the direction of the ct^tfstandards superintendent, a set of standard weights and measures for each

coimty of the state, in conformity to said state standards, and the

superintendent shall adjust and verify them thereby as often as

necessary.

' The office of Standard Weights and Measures was changed to the National Bureau of Standards (act

of Congress, Mar. 3, 1901). 461
462 Laws Concerning Weights and Measures

Sec. 309 gjgjj^jjg T^lie county standards are not to be used except for the adjusthow used ' ment and verification of the substitutes which the governor shall cause to be made, luider the direction of the superintendent, and

furnished to the order of the county court of each county in the

state, together with suitable balances, brands, stamps, and other

apparatus necessary for the office of a county sealer of weights and

measures.

Code, 1896, pt. I, title There shall be a standard keeper and sealer of weights and

^'s^c. 575^' measures in each county of the state, who shall be appointed by

kefpM^and sealer** ^"^^ the couuty cotut, and hold his office during the pleasure of the: court.

Sec. 576 He shall live at the county town, or as near thereto as a person

Where to reside j -i j well quahned can be procured.

Sec. 578. The corporate authorities of any city or town may appoint

keeper*"'"""

^ " a Standard sealer and keeper of weights and measures for such

city or town, proctiring and having verified suitable standards,

at the expense of such corporation; and said officer shall have

the same power and authority as the county standard keeper

and sealer. It shall be his duty

:

Sec. 579 (i) To take charge, and to use every precaution for the perfect

ke^per**^

**' ^'^^^'^ preservation, of the standards furnished by the state, so as ta

avoid touching them with the hand, and any soiling, abrasion,

or other injury thereto.

(2) To use the standards to adjust and verify the substitutes or

copies furnished him, and for no other purpose.

(3) To adjust the substitutes or copies at least once a year.

(4) To adjust and verify all weights, measures, and other

apparatus used for weighing and measuring, that may be brought

to him for the purpose by and in conformity with the said

substitutes.

(5) To brand or mark with the letter T and the current year,

such weights, measures, balances, and other apparatus, as, upon

trial or adjustment shall be found correct.

(6) To prove patent balances, steelyards, platform scales, and

other balances having poise, with correct weights up to five

hundred pounds.

(7) To advertise each year, at the courthouse door, where he

may be found with his apparatus for proving and sealing.

(8) On vacating his office, to deUver to his successor, or to the

presiding officer of the county court, or chief officer of the city or town, as the case may be, all the standards and apparatus of his

office.

Sec. 580 On the death of a standard keeper and sealer, his personal

to bedeiwraedtowhom representative, or other person into whose hands the standards
Tennessee 463

and apparatus of his office may come, shall deliver the same to

his successor, or to the presiding officer of the coimty court, or

chief magistrate of the city or town.

No person, except the standard keeper and sealer, shall use a

seal, brand or mark, such as is above directed, for marking and

sealing.

No apparatus used for weighing shall be sealed which shall not

weigh accurately within one-fourth of a pound in one hundred.

The following shall be the legal and uniform standard of weights _ 9°^^' pp. 794- and measures in this state for the sale and purchase of the follow- ' ussr) ing named products of the farm, orchard, and garden, and articles Table of weights and of merchandise, to wit : ^ measures

Sec. 581 Use of seals

Sec. 582 Apparatus when not

sealed. Limits of error

Apples, green bush, per bbl Do lbs. per busb

Apples, dried do.. Apple seed do.

.

Barley do.

.

Beans, dried do.

.

Beans, green, in pods do. . Do bush, per bbl

Beans, castor lbs. per bush

Beef, net lbs. per bbl

Beets lbs. per bush

Blackberries do.

.

Blackberries, dried do. . Blue grass seed do. . Bran do.

.

Broom com seed do .

.

Buckwheat do.

.

Cabbage do.

Canary' seed do.

.

Carrots do. Cement do. Charcoal do.

Cherries, with stems do.

Cherries, without stems do. . Chestnuts do.

.

Clover seed, red and white . . do . . Coal , stone do . . Coke do .

.

Corn, shelled do. . Com, in the ear, shucked. . .do.

.

Com, in ear, with shucks. .. .do. . Com, green, with shucks. . . .do. . Do bush, per bbl

Cora, matured, with shucks . do .

.

Com, pop lbs. per bush

Commeal, unbolted do. . Commeal, bolted do.

.

Cotton seed do. Cucumbers do. Fish lbs. per bbl Flax seed lbs. per bush

Flour lbs. per bbl

Gooseberries lbs. per bush

Grapes, with stems do.

.

2X2 5°24

40

48

60

30

46 200

5048

28

1420

4250

5060

5°80

225664

5060

80

40

56

7°

74 1002K

5°28

48

200

56 196

Grapes, without stems, pounds per bushel

Hair, plastering do. . .

.

Hemp seed do. . .

.

Hickory- nuts do. . .

.

Hominy do. . . Horse radish do. . . . Hungarian seed do. . .

.

Land plaster do. . .

.

Lime, unslacked do. . . . Lime, slacked do. . .

.

Liquids gals, per bbl. Melon, cantaloupe . .lbs. per bush .

.

Melon, cantaloupe . bush, per bbl .

.

Millet, German, seed, pounds per

bushel

Millet, Missouri. . . .lbs. per bush.

.

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, inhull do. . .

.

Peas, green, in hull, bushels per

barrel 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. . . Redtop seed do. . .

.

60

844

50

625048

10080

40

425°

Legal weights of barrels or bushels of various products

305050

32

32

5628

1433

SO

5°26

5626

2360

30

2>

5064 200

60

2>

2>

504848

14

Legal weights per

barrel or bushel of va-

, rious products

' For convenience in printing, a slight change has been made in arrangement of these articles.
464 Laws Concerning Weights and Measures

Rye seed lbs. per bush

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

5620

430

30

50

125°

Strawberries lbs. per bush

Timothy seed do.

.

Tomatoes do. Turnips bush, per bbl Timiips lbs. per bush

Velvet grass seed do. . Walnuts do.

.

Wheat do .

48

45

56

50

7 SO60 A barrel, dry measure, is by law fixed at five bushels; and proof of a different custom in the neighbor- hod cannot alter the law. 4 Hum., 106.

Sec. 34/(5 ''^ It shall be unlawful to buy or sell any of the products of the

meanor'rpenaity'^'^'*^'^^^TM' Orchard, or garden, or articles of merchandise, mentioned

section 3475, except in strict accordance with the standard of

weights and measures provided therein; and it shall be unlawful

to dock any of the articles mentioned in said section, delivered in

good condition and marketable form, on accoimt 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.

3^77^'^'' Every person keeping any store, grocery, warehouse, merchant

proVeV^MiV sealed commissiou housc, railroad depot, or any scales or apparatus

y^^'y 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.

leMUy^for neglect I**or cvcry ucglcct to comply with this provision, the dehnquent

shall be Uable to a penalty of five dollars, to be recovered before a justice of the peace, one-half to the use of the town or county,

the other half to the person who sues therefor.

Unsealed apparatus Every pcrsou not enumerated in section 3477, who shall use

prohibited Weights, measurcs, or other apparatus in buying or seUing which

have not been once sealed as required by law, shall be subject

to a penalty of one dollar and costs, recoverable as above.

Trebie^amages and ^^Y pcrsou use such wcights, measurcs, 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 amoimt of damages and costs.

iurveyor's chains Evcry suTveyor shall havc the chains or other measures used

by him in conformity with the standard.

Metrifsystem legal- shall bc lawful throughout the United States of America to

ized employ the weights and measures of the metric system, and no

contract or deaUng or pleading in any court shall be deemed

invahd or liable to objection because the weights or measures

expressed or referred to therein are weights or measures of the

metric system.

Tabiifof weights and ^^^^ tables in the schedule hereto annexed shall be recognized

measures jn the coustructiou of coutracts, and in all legal proceedings, as
Tennessee 465

establishing, in terms of the weights and measures now in use 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.^

The secretary of the treasury shall fturnish each state, to be li^trif^system fur- delivered to the governor thereof, one set of the standard weights °*shed states and measures of the metric system for the use of the states respectively. (Act of Congress, July 27, 1866, sec. i; 14 Stat., 369;

2 Bright, 553.)

The sealer of weights and measures is entitled to demand and ^^^"^^^ '^'^'^p*- receive, for seaUng, fifteen cents. I^t

6417

^1 <• r iii 1 1 Schedule of fees The fees of a standard keeper and sealer of weights and measures shall be as follows

:

1. For proving and sealing each, balance beam, patent balance, platform

scales, steelyards, or other weighing apparatus, requiring less han one hundred pounds to test $o. lo

2. For such as require from one hundred to five hundred pounds to test 25

3. For such as require five hundred pounds or more to test 50

4. For proving and sealing each yard measure 05

5. For proving and sealing each capacity measure of less than one gallon 05

6. Of one gallon or more 10

7. For proving or sealing each weight or poise of less than ten pounds 05

8. Of ten pounds or more 10 He may also charge a reasonable compensation for labor and leasonlbie compen- materials employed in making or attempting to make such ^g-g^jg '"^j measure! weights, measures, or balances as are not correct, conform to

the standards ; and he may retain such weights and measures as are brought to him for adjustment until his fees are paid.

He shall also have a reasonable compensation for leaving his eSo^^^ office to prove, seal, or adjust weights or measures not brought Leaving office there for that purpose, said compensation to be fixed by the

quarterly court of each county.

The county court may appropriate moneys as follows : * * * ^^^^ ^ggl^^t 3 title (14) For weights and measures.

If any person, with intent to defraud, have in his possession, or Appropriation use, any false balance, weight or measure in any business, trade, or code, ///e! pt. 4, title transaction, it shall be a misdemeanor. ''360.6734'^"^ The magistrate granting the warrant of arrest for the offense oj^ga^3„jg^°'=^'^^'^'"' described in the last section, shall also direct the seizure of the false sec. 6735 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

'Here followed the tables of the metric system with the equivalents in denominations in use at present. See United States laws, pp. 3 and 4. 8578°—12 30
466 Laws Concerning Weights and Measures

standard weight or measure, may be sold and the money paid to the

coimty treasury.

^^code, 1896, ch. 10. p. £very packer of flour or kiln-dried meal shall put into a barrel

{1801) the full quantity of one hundred and ninety-six potmds of flour,

^^contonts of flour bar- and iuto cvcry half barrel the full quantity of ninety-eight pounds

of flour.

^^code, 1896, ch. II. p. 'j^jjg proprietor ^ will keep good and sufiicient scales for weighing

sec^sss^^^ tobacco, which shall be tested at the beginning of each tobacco

in^'^ion'thereof^' '^^ Y^^^> ^^'^ evcry 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.

Code, 1896?^!. la, p. Millers shall keep in their mills the following sealed measures

:

^'sec. 3452 O-^^ ^^^^ bushel, one peck, and proper toll dishes for each measure.

Measures Evcry owucr keeping a mill, either by himself, servant, or lessee,

False toll dishes who shall be convictcd of keeping false toll dishes, shall forfeit and

pay to the party injured ten dollars, to be recovered before any justice of the peace in the coimty.

Code, 1896, ch. 14, p. Any person selling salt or sugar by the barrel, sack, or bag,

Sec

^6^^^''°^ purporting by the marks or brands to contain a certain number of

Salt ind sugar, sell- pounds or bushcls, whcn in fact the quantity falls short of the

tog by marks amoimt designated, shall forfeit ten cents for each and every

pound or deficiency, to any person who will sue therefor; but

nothing in this section shall be construed 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.

(1887) At every coal or other mine in this state, where coal or other

Code, 1896, art. 3, pp. • ^ • • x-L. • • -j. I94-I9S minerals are mmed by weight or measure, the miners, or a majority

Dutie^s of check- of those present at a meeting called for that purpose, shall have the

weighman 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 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.

1 Of tobacco warehouses.
Tennessee 467

It shall be a further duty of check weighman or check measurer ^^^1°^ duties; dw- to credit each miner with all merchantable coal or other mineral settled mined by him, on a proper sheet or book kept by him for that

purpose. When differences 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 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.

[It is no interference or intimidation for the mine owner to threaten to close down

his mine tmless the miners discharge their check weighman. 6 Pickle, 580.] Should any weighman, agent, or check measurer, whether p|^i^' for incorrect employed by operators or miners, knowingly or wilfully adopt "^'shing or measuring 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.

[Weighman employed by the mine owner is subject to the penalty, at least when

the miners do not all expressly agree to the incorrect method of weights. 6 Pickle, 575.] All casks intended for the purpose of containing butter or lard y^g"**^' ^' for exportation shall be made of well seasoned timber, the staves (^^o^) not less than half an inch thick, and the heads not less than three- casiis, specifications quarters of an inch thick when wrought, the heading well dow-

"

elled, 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. Each barrel shall contain not more than thirty gallons, and 331^ ^ ^

1 1 le t 1 rj-^ 11 y o ' Barrel and hall bar» each half barrel fifteen gallons. rei Casks intended to contain flour or meal for exportation shall be Uss9-6o) made of good seasoned materials, tightened with ten hoops, suf- """w '<> ficiently 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

heads seventeen inches in diameter; and the half barrel shall be

one half the capacity. of the barrel.

It shall be a misdemeanor: Code, 1896, p. 1644 For any person with intent to defraud, falsely to alter any Misdemeanor to alter stamp, brand, or mark on any cask, package, box, or bale con-'''^'*^ taining merchandise or produce, made by a public ofl&cer ap-
468 Laws Concerning Weights and Measures

pointed for that purpose, in order to denote the quality, weight,

or quantity of the contents thereof.

Sec. owner or superintendent of cotton gin or tobacco estabPenalty for conceal- Ushments of any kind in Tennessee, shall place any wood, iron, ing iron, stone, etc., in,.. • a^efoftobacco*'''^"^''"''^^ ' o^^er substancc, into any bale of cotton, hogshead

ageso acco package of tobacco, when packed or baled, for the purpose of

adding to the weight thereof, or shall cause the same to be done

by others, such person or persons so offending shall be deemed

guilty of a felony, and subject to indictment as in other cases

of felony, and, upon conviction thereof, shall suffer imprisonment in the penitentiary of the state, for a period not less than

two nor more than five years, and shall also pay a fine of five

hundred dollars, to be paid into the treasury of the state.

supp Cod? 1903 p. shall be tmlawful for any person, commission merchant,

566^

I miller, dealer, grain inspector, corporation, company, firm, or

standard half-bushel association, either by himself, itself, officer, agent, or employee,

measure when purchasing wheat from the owner, his agent or employee,

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.

L^eiing sHck shall bc Unlawful to use an5^hing 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.

Any person violating the provisions of this act 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.

Acts, 1909, ch. S48 That it shall be unlawful for any merchant or manufacturer or

Weight false lyany pcrsou 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. 2 That every violation of section i, where the shortage in

Tolerance 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

Penalty for violation puuished by fine of uot Icss than ten dollars nor more than

five hundred dollars or by imprisonment in the county workhouse

for not more than six months or by both in the discretion of the

court.

Code, 1896, Vol. I, ch. The county court of any cotmty in the state (a majority of

18, p.

797^^^^^^ members favoring the same) may, on the first Monday of July

^ohicco and cotton of cvcry year, elect cotton and tobacco weighers for such county,

Illctton'' "^^"^ "'whose duty it shall be to weigh all cotton and tobacco that par-
Tennessee 469

ties 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.

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 quaUfied.

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.

Any cotton weigher elected according to the provisions of this

chapter, who shall give or declare any unjust weights, or who

shall wilfully violate the previous sections 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. 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.

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, 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. That 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

Sec. 3486 Equipment

Sec. 3487 Exact weights

Sec. 3488 Penalty for violation

(iSSq, iSqo)

Sec. 3489 Compensation

Sec. 3490 Scalage of cotton pro- hibited

Acts, 1909, ch. 434,

p. 1631 Sec. I, as amended by acts, 1911, ch. 49, p.

91Feeding stufis, weight to be marked
470 Laws Concerning Weights and Measures

5, 8>i, lo, 25, 50, 75, 100, 125, 150, 175, or 200 pounds); the

name, brand, or trade-mark imder which the article is sold; the

name and address of the manufacturer, jobber, or importer; * * * . 1^defined That the term "concentrated commercial feeding stuffs" shall

be held to include all feeds used for hve stock and poultry, except

whole hays, straws, and comstover, when the same are not mixed

with other materials; nor shall it apply to the immixed whole

seeds or grains of cereals, when not mixed with other materials.

1^5^ That any manufacturer, importer, jobber, agent, or dealer who

shall violate any of the provisions of this Act 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 Act.
TEXAS

The standard of weights and measures adopted and used by the ^g^p"^;^^^ - government of the United States is hereby declared the only legal '-'^46) standard of weights and measures in this state. Legal standard The following shall be the legal number of pounds per bushel : ^

. (rfoi, j«or) " ^ ^ Art. 5323 as amended

Pounds. Wheat 60 Com, shelled 56 Com in the ear, shucked 70 Com, unshucked , in the ear 72 Oats 32 Barley 48 Rye 56 Buckwheat 42 White beans 60

Irish potatoes 60 Sweet potatoes 55 Onions 57 Tvunips 55 Dried apples 28 Dried peaches 28

1901 Pounds. Weight per bushel Bran 20 Hungarian grass seed 48 Hemp seed 44 Flax seed 56 Stone coal 80

Charcoal 22 Salt 50 Clover seed 60 Timothy seed 45 Cotton seed 32 Millet seed 50 Peaches 50 Tomatoes 55 Apples 45

The governor, shall procure, if necessary, at the expense of the 53^4*^*^ state, a set of weights and measures in conformity with the stand- ^t^^a^^^

procure ard used by the government of the United States, and cause the same to be deposited with the treasurer of the state, by him to be

safely kept.

The governor is authorized to cause correct copies of such Ami td^^h copies to weights and measures to be made under such appropriate seal as counties he may adopt, and to deliver or cause to be deUvered, after the

inspection and approval of some competent person by him appointed for that purpose, a full set of such weights and measures to

the county judges of the several counties, on their application, and

at the cost and expense of their respective counties.

The commissioner of agriculture, insurance, statistics and his- Art.

5326^*''*^ tory is hereby authorized to sell sets or parts of sets of standard ricuuuTM miy"""'

weights and measures, heretofore manufactured in accordance

with articles 5323 and 5325 of the Revised Statutes, at the present

cost of manufacturing.

When such copies have been made it shall be the duty of the ^J^^^fg^^ several commissioners' courts to appropriate a sufficient amount same of money to enable the county judges of the respective cotmties

' For convenience in printing a slight change has been made in arrangement of these articles. 471
472 Laws Concerning Weights and Measures

to pay for and procure a full set thereof for the use of their comities,

weShfrand meMu^s and Said couuty judgcs shall take charge of and keep the same.

Art 53^8^^''^ '^^^ comraissioners' courts of the several counties are authorized

vend^°^

to make and ^nd directed to grant a license to such suitable person or persons

as they may think proper to make and vend weights and measmes

agreeing with the standard furnished by the governor, under such

rules and regulations as they may think proper to prescribe; provided, however, that no such weights and measures shall be sold or distributed imless the same have been first examined and

approved by the commissioners' courts, or some competent person

imder their direction and approval.

Art. 5329

^^^ Any person desirous of having his weights and measures tested

^Testing and stamp- jj^g^y jia.ve the samc douc by applying to the county judge, who,

if he finds them correct, shall seal them with a seal to be provided

by the commissioners' court for that purpose, on which shall be

the capital letter "T" and also the letter with which the name of

the county begins.

F?i"e°weights and Any pcrsou who shall sell by any weight, balance or meastire

measures that docs uot Correspond to and agree with such copies, or who

shall keep the same for the purpose of buying or selling thereby,

shall forfeit and pay the sum of ien dollars for every month he

may continue to keep the same, one-half of which shall go to the

county in which such offence shall have been committed, and the

other to the coimty judge, and it shall be his duty to sue for the

penalty incurred by the commission of every such offence before some court of competent jurisdiction.

Prirat^taformer may If the couuty judgc shall fail to sue for any such penalty within

recover, when three months after the same shall have been incurred, any other

person may sue therefor and recover one-half thereof for his own

use and the other half for the use of the cotmty.

Fi^eitares merely Nothing in the two preceding articles contained shall be concumuiative strucd to affcct any provision of the Penal Code relating to the

use of false weights and measures, nor shall a recovery of any

forfeiture by civil action reUeve an offender from criminal prosecution or an action for damages resulting therefrom.

iif^p^y"^^' ^^^^ products hereinafter mentioned shall have the following

^•" i ^ .standard weights, viz: Flour, one htmdred and ninety-six poimds standard weight of

, flour, etc. per barrel, or forty-eight pounds per sack; com meal, bolted or unbolted, thirty-five pounds per sack, and feed made from cereals

of any kind, whether pure, mixed or adulterated, one hundred

pounds per sack. Fractional barrels and sacks shall weigh in

the same proportion, and these weights shall be net and exclusive

of the barrel or sack in which such product is packed.

NeVweight to be The coiTCct name and the true net weight of the contents of

each and every hogshead, barrel, box, cask, bale, sack or package
Texas 473

of any of the foregoing products, whether sold in single packages

or lots, shall be plainly marked, branded or stenciled in large,

legible letters and figures, not less than two inches in size, upon

the exterior of such hogshead, barrel, box, cask, bale, sack or package in a conspicuous place, as the head in case of hogsheads

or barrels, and the front or branded side in case of sacks, bales or packages; and it shall be unlawful for any person, firm or cor- poration, or the agent, employe or representative of any person,

firm or corporation to sell or exchange or offer for sale or exchange ^^^^^^j"^'"

any of such products so packed or contained imtil the provisions

hereof have been complied with.

If any person shall knowingly violate the provisions of this Act, le^i^^ty for violation 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 transaction shall be

deemed a separate offense.

To regulate the inspection of beef, pork, flour, meal, salt andjgg.Sayles' Civ. Stat.. P- 195 other provisions, whiskey, and other liquors to be sold in barrels, ^rt. 433'*^^' hogsheads, and other vessels and packages; to appoint weighers, ^j,^"^^^ "'^^^j^HJ^

gangers and inspectors, and prescribe their duties and regulate spection, etc., of pro- their fees. To regulate the weight and quahty of the bread to be sold or used May^^'regulate the within the city. ""^'"^ °' The Governor is hereby authorized and reqviired to appoint 3^^"^^-^*°

^^^f/g^J^'^'^ five persons as pubhc weighers in every city which receives annually 463 ' ^^^^^^ one himdred thousand bales of cotton on sale or for shipment. In

l^^-j^^gj,,

all of the counties in this state in which there are no city or cities elect ion of pubuc

in which the governor is authorized to appoint pubhc weighers,

the commissioners' cotirt of said county, when presented with a

petition signed by a majority of the quahfied voters of any justice

precinct in their cotmty, praying for the appointment or election

of public weighers for said precinct, shall appoint or order to be

elected at the next general election one or more suitable persons

for public weighers for said justice precinct, the number of weighers

for any one precinct to be determined by said cotirt, and should

they appoint a pubhc weigher for said justice precinct, he shall

hold his office until the next general election, when there shall be

be elected for said justice precinct his successor, a pubhc weigher,

in the manner and form governing the election of other precinct

officers; provided, the majority of the quahfied voters shall be

determined by a comparison with the whole number of votes cast

at the last general election in such justice precinct for the office of

governor ; and it is further provided, that no person shall be elected

or appointed a public weigher tmless he shall be a quahfied elector

in the city or justice precinct for which he is appointed or elected.
474 Laws Concerning Weights and Measwes

Length ofterm pubUc weighcrs appointed by the governor or elected for

justice precinct shall hold their office for a term of two years and

until their successors are appointed or elected, as the case may be,

and qualified, subject to removal for misconduct or incompetency

nonobe^appoinfeT°°°i^ officc; provided, no person shall be appointed or elected public

weigher or deputy pubhc weigher who is interested in the purchase

or sale of cotton, wool, sugar or grain; to be weighed, either as

principal, agent, factor, commission merchant or employee;

provided, further, that the commissioners' court may unite two

or more justice precincts for the purpose of electing public weighers

;

provided, further, that when the people of any county or subhow'efilote<i°'°'°*'^*'^^'^^sion thereof that has an elective weigher, may wish to abolish

said office of pubhc weigher, the commissioners' court of said

county shall, upon petition to abohsh 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 county or weighers

precinct, as the case may be, order an election to decide whether

such office of pubUc weigher of the county or subdivision named

in the petition shall be aboUshed or not. Said election shall be held in the same manner as other elec- tions, and if a majority of the votes of the covmty or 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

tw?yeare" '"election, and another election for this purpose shall not be held

for two years, and no election shall be held for this purpose until

two years after said office of pubUc weigher has been created.

Sec. 4310"°^^ When a person is appointed or elected pubhc weigher and

weighe'rs*

^ °

' ''"'''"^ shall havc quahficd as provided in article 4309 he shall enter upon

the duties of his office and weigh, without unnecessary delay all cotton, wool, sugar, hay, pecans or grain, required to be weighed

by him.

bales, ete!'' '^'^^ °° He shall prepare a convenient place or places of easy access to the pubhc in which to perform his duties. He shall mark upon

the bales of cotton, hogsheads or barrels of sugar, and bales of

wool, or on tags attached thereto, the weights thereof in figures,

and shall deliver to the owner or his agents, of all cotton, wool,

Certificate hay, sugar, pecans or grain, a certificate, or a statement, at the

option of the owner in writing with ink or an indeUble pencil,

setting forth the weights of such cotton, wool, sugar, hay, pecans

or grain weighed by him, over his official signature. * * *

IllVappoint deputies 'T^^ public wcighcrs who shall have been appointed or elected

under the provisions of this act, after they have taken the oath

of office, and their bonds shall have been approved and recorded

in the same manner as the bonds of county officers, shall have
Texas 475

power and authority to appoint as many deputies as may be

necessary to enable them to expediently weigh all cotton, wool,

sugar, hay, and grain, offered to be weighed in the cities and

justice precincts for which they are elected or appointed; provided, that no public weigher shall appoint deputies for any place

or places not situated in the city or justice precinct for wliich he

is elected or appointed. The pubUc weigher for any justice pre- to be appointed on cinct shall on request of twenty bona fide citizens of any town, p®"**"" railroad station, or other place in his precinct, who are engaged

in the buying or selling of cotton, wool, sugar, hay, or grain,

appoint a deputy for such town, railroad station or other place.

The deputies of pubHc weighers shall take the oath required of ^^^^g^** '"""^ °^ their principals, and their principals may require of them a bond

with good and sufficient sureties, in the sum of fifteen hundred

dollars, to be approved by said principals, and conditioned for

the faithful performance of their duties, and the said principals

shall have the right to recover in any court having jurisdiction,

satisfaction on said bonds for any damages sustained by reason

of said deputy or deputies failing to properly perform the duties

of their office. All pubhc weighers appointed or elected under the provisions ISifLeep accurate of this act shall keep accurate and well adjusted scales and bal-®^®^ ances and give accurate weights, and shall have the same tested

and certified to as provided by law. All pubUc weighers appointed

or elected under the provisions of this act shall be held responsible

for their official acts and the official acts of their deputies, and

shall be liable at suit for all damages that may have accrued to

any person or persons by reason of their failure to perform their

official duties.

It shall not be lawful for any factor, commission merchant, or sec.4314

' - , , . . ' Factor or commission other person or persons, to employ any other than a pubhc weigher merchant not to emL.- A J.- f • i! 1 1, • ^-u ploy other weigher or ms deputies to weigh cotton, wool, sugar, hay or gram, or other

produce sold or offered for sale in any city or justice precinct

having a pubhc weigher duly qualified, and any person or persons j^^'^eigher may sue vio- violating this provision shall be hable at the suit of the pubHc

weigher of such city or justice precinct 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 imlawfully weighed, to be

recovered in any court having jurisdiction thereof.

PubHc weighers appointed or elected under the provisions of fleg""'^ this act shall receive the following fees: For each bale of cotton

weighed, not exceeding ten cents,' and when he shall run a cotton

yard in connection with his weighing his compensation shall not

exceed fifteen cents per bale as yardage for the first month after same is received for storage, and not exceeding ten cents per bale
476 Laws Concerning Weights and Measures

own cotton

per month thereafter. For each bale or sack of wool, or hogshead

of sugar, or wagon load of hay, pecans or grain, ten cents; for each

part of a wagon load of hay, grain or pecans, not exceeding five cents. * * *

sayies'^^ civ Stat. NotMng in this Act shall prevent any person, firm or corporasupj. of 1906, p. 473 'tion from weighing his own cotton, wool, sugar, hay, grain or

o^tl'^may weigh pccans in pcrson, providing that in places where there are no

pubhc weighers appointed or elected that 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

To give bond boud with at Icast two good and sufiicient sureties in the sum of

t"vienty-five himdred dollars ($2500), approved and payable as in

the case of pubHc 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;

Not appucabie to mei- provided, that this Article shall not apply to merchant flouring

chant flouring mills ^ . , , r r j o

mills.

^i.?^^^^ ^ Any weigher who quahfies imder Article 4316 of this chapter

Liable for damages, 11,i?, ri •• r -i 1 • 1 when and shall violate any of the provisions or fail to comply with any

of such provisions shall be Uable at the suit of any person injured,

upon his bond for damages that may have accrued to such person

by such violation or failure.

Art. 4316b Any person who shall weigh or offer to weigh any cotton, wool,

pentitTfor ° """^^'sugar, or hides for compensation for the pubhc without complying

with all of the provisions of this Act shall be guilty of a misde- meanor and upon conviction shall be fined in any sum not exceeding two hundred dollars.

Gen. Laws. 1911, ch. That thc owucrs, lessees, operators or receivers of all cotton

sec.^i^^

of ba

• gi^s, in this State, shall stamp or write, upon each and every bale

and ties used on cotton of cotton ginned by them, in plain figures, the weight of thebagto^be marked, by gin- ^^^^ which the cottou is Wrapped, Said figures to be

written or stamped with indehble ink, and shall be not less than

four inches in height and three inches in width, and shall be preceded by the word, "tare," written or stamped upon the bale with

indehble ink, the letters composing said word to be not less than

Penalty for violation four iuches in height and three inches in width. Any person wilfully violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of

not less than ten, nor more than one hundred dollars.

Sec. 2 . That the owners, lessees, operators or receivers of all cotton

anTfes^to hi zev^i, comprcsscs in this State, shall write or stamp upon each and every

^^^^ bale of cotton compressed by them, the word and figures placed

upon such bale or bales of cotton by the ginner ginning the same,

in compHance with section i of this act, in the same manner as provided for ginners in said section i , should such word and figures
Texas 477

be defaced or hidden during the process of compression. Any Penalty tor violation person wilfully violating the provisions of this section, shall be

guilty of a misdemeanor, and upon conviction, shall be punished

by a fine of not less than ten ($10,00) dollars, nor more than one hundred ($100.00) dollars. Bach bale of cotton ginned and each bale of cotton compressed llparate offense: without having placed thereon the word and figures as provided

in sections i and 2, respectively, of this act, shall constitute a

separate offense. It shall be imlawful for any person, firm, corporation, cotton Greater deduction for exchange or board of trade, to make a greater deduction for tare,*"®"°'*^'

either from the gross weight of any bale of cotton or the price of

same than is shown by the figures placed upon the bale in compli- ance with section i of this act. Any person, firm, corporation, cotton exchange, or board of Misdemeanor trade, or any agent of any person, firm, corporation, cotton

exchange, or board of trade who violates the provisions of section

4 of this act, shall be deemed guilty of a misdemeanor, and upon Penalty conviction, shall be punished by a fine, of not less than ten nor more than one hundred dollars. Each bale of cotton from which a greater deduction for tare is llparate offense,

made, than is shown by the figures written or stamped upon same, ^^^^ constitutes shall constitute a separate offense.

The crowded condition of the calendars of both Houses, and the fn effect importance of this measure to the people of the State, create an

emergency and an imperative public necessity demanding the sus- pension of the Constitutional rule requiring all bills to be read on

three several days, and that this act take effect and be in force

from and after its passage, and it is so enacted.

All corporations, firms or persons, before selling or offering for 10^^;

,^8^^^' sale any commercial fertilizer for use within this State, shall ffet 'weigiit to be brand or attach to each bag, barrel or package a plainly printed stamped on fertilizers 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 labeHng must be dtnable and legible, and so placed

and arranged as to be easily read. * * * That for the purposes of this act an article shall also 4,.%'"-

g^^''"- be deemed to be misbranded: * * * (b) In the case of food ; Misbranding, what * * * (3) if in package form and the contents are stated in constitutes terms of weight or measure, they are not plainly and correctly

stated on the outside of the package.

UTAH

The standard of weights and measures adopted and used by the 1^TM^;^^^-

government of the United States is hereby declared the only legal ^^^^ states stand-

- JO ard governs standard of weights and measures of this state. The State Dairy and Food Commissioner shall be ex-officio b/La;'s!%'fx!T'iot

sealer of weights and measures, and shall procure and have the^'^^jg^ ^^^^ custody of the authorized public standards of weights and meas-<"

ures. He shall at least once a year and as often as he may deem

necessary, try and prove by such standards all weights, measures,

seals [scales], beams, 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 person at any place within the State, shall be

tested as to the correctness of both weight and aritlmietical values

indicated by them, except within cities wherein there exists a city

sealer of weights and measures. He may, however, when deemed

necessary, test all the above mentioned apparatus in said cities, if they have not been previously tested by the city sealer of weights

and measures. He shall seal such, when foimd to be correct in the

State of Utah, by stamping upon them the letter U with a seal

which he shall have and keep for that purpose

.

He may also, at any time, inspect the local sealer's outfit as to accuracy, and when found incorrect may have them sent to a

responsible manufacturer of sealer's apparatus for repairs, or to the National Bureau of Standards for verification.

Any person deahng in any article of produce or merchandise fl^^'standards,

who shall himself or by his agent or employee use any weight or short weight w meas- measure other than the standard herein specified, or who shall

himself or by his agent or employee give short weight or measure

or less than the full quantity of any article sold, shall be Hable for

each offense to a fine in any simi less than three hundred dollars,

and for all damages accruing for such offense to the party injured.

The State Dairy and Food Commissioner shall collect from the, sec. 2 729, as amended ri r 1 r\ Laws, 1911, ch. 107, owner and pay into the State treasury for the use of the State the title 86 following fees, to-wit: For any steelyards, beam, ground, floor, fSs'^oi state sealer platform, coimter, computing or other scales, by which can be

weighed not exceeding loo pounds, 75 cents.

479
48o Laws Concerning Weights and Measures

For any such instrument by which may be weighed over loo

poimds, and not more than 600 pounds, $1.00; 600 pounds to

2,000 pounds, $1.50; all over 2,000 pounds, $2.50.

For any nests or sets of measures, 75 cents. For any yardstick, dry or Uquid measure, 25 cents. And the weights attached to any scales shall, as to the compensation of the sealer of weights and measures, be considered as parts

of the scales; Provided, that where any such weight, measure or instrument, upon subsequent examination, be found correct and

shall not require to be stamped a second time, the aforesaid sealer

of weights and measures shall not receive more than one-half of

the compensation provided for. mele' purpose of carrying out the provisions of this act, there

AppropriaUon hereby appropriated the sum of $1,000.00 to put in order the

weights and measures now on hand and to purchase such additional standards as may be required, and the sum of $2,400.00

annually, or so much thereof as may be necessary to pay the

expenses of making the required tests.

s^r?73^^^' Nothing in this title shall be construed to curtail or in any man-

^^^^ip^ipo'^^is-aer abridge the powers of municipal corporations to make such not abridged

^ 4.- f 4.x, 4- • J • / • i,^ j regulations for the trymg and proving of weights and measures,

scales and beams, as are granted to such corporations by the laws

of this state.

^

comp. Laws. 1907, ^ falsc Weight or measure is one which does not conform to the

t^'^ iTi standard established by the laws of the United States of America. False weights or J , , . . , measures defined Fvcry pcrsou who uscs any Weight or measure, knowing it to be

ul'iii^°faise weight falsc, by which use another is defrauded or otherwise injured, is

or measures guilty of a misdemeanor.

Marktag false weight Evcry pcrson who kuowiugly marks or stamps false or short

or measure; sale weight or mcasurc, or false tare, on any cask, or package, or car, or who knowingly sells or offers for sale any cask or package or other article so marked, is guilty of a misdemeanor.

Glvi^°short weight cascs 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 poimds 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

any provision of this section is guilty of a misdemeanor,

comp. Laws, 1907. P- Bvcry pcrsou who, in putting up in any bag, bale, box, barrel, or

Sec. 4475 other package, any hops, cotton, wool, grain, hay, or other goods

ieS?y°fnMeaslng weight usually sold in bags, balcs, boxes, barrels, or packages by weight,

ot package p^^.^ -^^ couccals therein anything whatever, for the purpose of

increasing the weight of such bag, bale, box, barrel, or package, is punishable by a fine of $25 for each offense.

1347
Utah

The city council shall have the powers in the following Sections

enumerated : ^^T^po "i^oj' /p?//"* To provide for the place and manner of sale of meats, poultry,

^^^1°^^ owersof i fish, butter, cheese, lard, vegetables, and all other provisions, andcounclf"

* regulate the selling of the same. Maimer of''saie To provide for and regulate the inspection of meats, fruits,

f^^ jj^^^j^ poultry, fish, butter, cheese, lard, vegetables, flour, meal, and all etc."^''^'^ °° " other provisions.

To provide for the inspection, measurement, or graduation of fnsplcHon'^'oj mer- any merchandise, manufacture, or commodity, and to appoint the*^'^'''®^ necessary officers therefor.

To provide for the inspection and seaUng of weights, measures, weigMs'^^d meas- computing scales and all weighing and measuring devices indcat- "^e^ ing arithmetical values as well as weight.

To enforce the keeping of proper weights, measures, computing llmlf Keeping, en- scales and all weighing and measuring devices indicating arith- *«cement of metical values as well as weight.

On each package of butter manufactured and offered or exposed ^°TMp-

\^^„y] for sale in the State of Utah, there shall be stamped upon the height to be stamped

wrapper or package the name of the maker thereof with address on butter of same, and the actual number of ounces contained in said wrapper

or package at the time of its manufacture.

Any person, firm, or corporation who offers to sell, or furnish, or le^Mity ^ deUver for sale, any butter, unless marked as specified in §746 x 26,

shall be deemed guilty of a misdemeanor.

Misbranded—For the purpose of this chapter an article shall be Misbranded foods to be deemed misbranded : In the case of foods

:

3. If in package form, and the contents are stated in terms of

weight or measure, they are not correctly stated on the outside of

the package. iefii^'^' '° The Metric System shall be taught in the pubUc schools of the ta^^j'''^

^^'stem to be State. In the use of the Babcock test, the standard milk measures e,^^',;^^^'' or pipettes shall have a capacity of 17.6 cubic centimeters, and use of Babcock test 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 on the necks thereof; cream shall be tested by weight and the

standard unit for testing shall be 1 8 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 butter fat contained in the same

or wherever the value of milk or cream is determined by the per

cent of bu+ter fat contained in the same by the Babcock test.

sjc ^5 s{c jjs
482 Laws Concerning Weights and Measures

Misdemeanor ^j^y 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 unlawful for the owner, manager, agent, or employee

of a cheese factory, creamery, or condensed milk factory to falsely

manipulate or imder-read or over-read 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.

I^g'jig^ty Whoever shall violate any of the provisions of this Act, shall

be guilty of a misdemeanor, and shall upon conviction thereof, be

punished by a fine of not less than twenty-five dollars nor more

than two htmdred dollars, 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. us^^mi^m?°lo5) '^^^ standard unit of measurement of the flow of water shall

itandard of measure- discharge of ouc cubic foot per sccoud of time, which

ment of water shall be known as a second foot ; and the standard unit 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 43,560 cubic feet.

<= The owners, agent, or operator, of every coal mine in this Mine owners to pro- , . , Y • • 1 1 • 1 yide^^s^caies for weigh- Qtatc, at which the mmcrs are paid by weight, shall provide at

'"^'^"^ such mines suitable 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,

w'^eigher to be ^hc owuer, agent, or operator of such mine shall require the

m^i ^^"'^^ °' "^"^^ 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.

Mtaerfmay furnish '"^ ^^^^ miucs iu this statc the miucrs employed and workcheck weighman. ing therein may furnish a competent check weighman at their

Duties and powers » 1 1 11 11 1. r 11 • i-j. £ own expense, who shall at all proper times have full right oi access and examination of such scales, machinery, or apparatus, and of

seeing all measures, and weights of coal mined and accounts kept
Utah 483

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 check-weighman. Such oath

shall be kept conspicuously posted at the place of weighing.

Any person, company, or firm having or using any scale or scales fraudulent weighing

for the purpose of weighing the output of coal at mines so arranged a misdemeanor 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 check-weighman who shall fraudulently weigh or record the weights of such coal, or connive at or consent to such

fraudulent weighing, shall be deemed guilty of a misdemeanor.

Any person, owner, or agent operating a coal mine in this state

to who shall fail to comply with the provisions of this chapter, or comply with provisions who shall obstruct or hinder the carrying out of its requirements,

shall be deemed guilty of a misdemeanor; provided, that the

provisions of this chapter shall apply only to coal mines in which

ten or more miners are employed in a period of twenty-four hours.

It shall be the duty of the coal mine inspector, in addition to

l^^i'^j^e inspector his other duties, to examine all scales used at any coal mine in to examine scales 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 persons violating the provisions of this section shall be deemed guilty of a misdemeanor.

VERMONT

Commissioner, elecSection 4902 of the Public Statutes is hereby amended so as to |aws, 1910, p. iso. read as follows, viz: State'standards Sec. 4902. The standards of weight and measiue that have been

or may hereafter be adopted by the United States shall be the

standards of weight and measure for this state; and the weights,

meastues 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 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 standards of weights and measures of this state

shall be tried, proved and sealed.

Prior to December 31st, 1910, and biennially thereafter the Gen- Sec^ eral Assembly shall elect a commissioner of weights and measures tion of whose term of office shall be for two years from and including said Term thirty-first day of December, 19 10, and until his successor is elected and quahfied, who shall devote his entire time to the duties

of his office. He may when necessary appoint inspectors whose Inspectors, appoint- remuneration shall not exceed three dollars per day with actual ^nses°*' hotel expenses not to exceed two dollars per day, while away from

home, and transportation expenses, and he and his inspectors shall

be sworn. The annual salary of the commissioner of weights and measures Sec. 3, as amended shall be fourteen hundred dollars. He shall also receive his neces- *'^saiaJJ^'and°e4enseg sary expenses when away from home on official business, and g^j^j

commissioner shall be entitled to such sum for clerical assistance as the auditor of accounts shall deem reasonable.

Said commissioner shall take charge of the standards adopted sec._4^ commis- by the state, cause them to be kept in the Capitol building fromsioner

which they shall not be removed, except for repairs or for certifi- cation, and take all other necessary precautions for their safe- —to keep standards keeping. 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 correct the standards of the ^—to iia^e them veri- several cities and towns, and, as often as once in five years, com- -to correct standards pare the same with those in his possession, and where not other- ° * wise provided by law he shall have a general supervision of the

485
486 Laws Concerning Weights and Measures

weights, measures and measuring and weighing devices of the

state, and in use in the state.

Sec. 5 Said commissioner or his inspectors shall visit the various cities

Inspectors, duties of and towns in the state in order to inspect the work of the local

sealers and in the performance of his duty, he or his inspectors mayinspect weights, measures and balances which are used for buying

or selling goods, merchandise, or other commodities, and for pubUc

weighing; and shall, upon the written 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 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 receipt or disbursement of supplies

in every state institution and he shall report in writing his findings

to the executive ofiicer of the institution concerned,

^^'^nfmissioner to Said commissioucr shall keep a complete record of the standards,

keep record balances, 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, 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 state by a proprietor, agent,

lessee or employee in determining the size, quantity, extent area

or measurement of quantities, things, produce, articles for distri- bution or consumption offered or submitted by such person or persons for sale, for hire, or award.

co^iii^Qissioner and Said commissioucr or his inspectors may at irregular intervals

inspectors, duties and examine commoditics sold or offered for sale and test them for correct weight, measure or coimt. He or his inspectors may, for

the purpose above mentioned, and in the general performance of

their 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 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 measmes are being given in any sales or transfer of

articles of merchandise taking place within the State. Whenever

the commissioner or his inspectors find a violation of the statutes

relating to weights and measures they shall submit the evidence

to the properly constituted authority in the county in which such

violation occurred who shall thereupon prosecute the offender.

authority of

Police power

.
Vermont 487

The commissioner shall keep a complete record of all work done |^uai report under his direction and shall make an annual report, not later than

July first, to the governor.

If a person authorized to seal weights and measures in accordance sec. 9 with this act, stamps a weight or measure without duly verifying etfl^^fh^utwrifytag^' the same by comparison with the local standard or is guilty of a breach of any duty imposed upon him by law, or otherwise mis- Misconduct in office conducts himself in the execution of his office, he shall be liable

to removal and to pay a fine not exceeding two hundred dollars for

each offense.

A town or city standard shall not be deemed legal nor be used

l^^jj^"^^^ deemed by the local sealer for testing any weight, measure or balance, legai, when' unless it has been verified by the commissioner of weights and

measures within five years of the time at which it is used, and

whenever necessary.

Every weight for use in trade, except when the small size of the §S^-,'J,„ ^ „ „

. -' 1°.. -Il l 111 1 1

• • 1. Weights and meas- weight renders it impracticable shall have the denomination of «res, how marked such weight permanently marked on the top side thereof in legible

figures or letters; and every measure 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

stamped by the commissioner of weights and measures or local

sealers. A person who, after an inspection of his weighing and measuring. Sec. 12, as amended

J . ^ . , 1 , ^ . ? J. 1 by Laws, 1910, act 163 devices, or either, uses or has m possession for use m trade any Possessing false or

• 1, J.1J 0.1 -I- incorrect apparatus, weight, measure, scale, balance, steelyard or other weighmg or penalty for, when measuring device which is false or incorrect, shall be fined not

more than one hundred dollars, or, in case of a second or any subsequent offense, not more than two hundred dollars. After inspec- seized, when tion has been made, as above provided, 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 act, and, upon order of the court, the same shall

be forfeited.

A weight or measure duly stamped by the commissioner of weight or measure, weights and measures or his inspectors or a local sealer, or by the i^gai, when 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.

Whoever sells or offers for sale a less quantity than represented fraudulently or un- or sells in a manner contrary to law shall be guilty of fraud and 'awfuuy seiihig shall be fined not more than one hundred dollars, or in case of a Penalty for second offense not more than two himdred dollars.
488 Laws Concerning Weights and Measures

Toier'inces Commissioner 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 Vermont, and said tol- erances shall be the legal tolerances in the State of Vermont.

|^^,g'g^ The state commissioner may make suitable rules and regulations

to govern the sale of commodities.

Sec. 17, as amended » 1 rj. ••

by Laws, 1910, Act 163 A pcrson who ucglccts or refuses to produce for the commissioner

of weights and measures or his inspectors or any local sealer all weighing or measuring devices in his possession and used in trade

in^to'^haTM! appar^usOr ou his prcmiscs, or refuses to permit the said officers to examine

^^ob^racting or hin- Same, or obstructs the entry of said officers, or obstructs or

dering officials hiudcrs any official acting under authority of this Act, or knowingly violates any rule or regulation made and promulgated under

the authority of section i6 of this Act, or violates any of the proviPenaity for, when giQ^g of this Act, whcu uo Other penalty is prescribed, shall be fined

not more than two himdred dollars.

Fines, to whom paid All fines collected for violations under this act shall be paid to

the state treasurer for the support of the department of weights

and measures. Justices shall have concurrent jurisdiction with

the county court of prosecutions under this act.

itandards required Section 4906 of the Public Statutes is hereby amended so as to

read as follows: Sec. 4906. Each town and city treasurer shall provide and keep

in repair in his office the following standard measures; one-half

bushel, one peck, one-half peck, dry measure, one gallon, one twoquart, one quart, one pint and one-half pint, liquid measure, one yard measure and such scales or weights as the town directs, which

shall be proved and sealed by the commissioner of weights and

measures.

Provtog and sealing Scctiou 4907 of the Public Statutes is hereby amended so as to

Fees therefor j-Cad aS folloWS

:

Sec. 4907. The town and city treasurer shall prove and seal

scales, weights or measures 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.

s't^andards, how Scctiou 4908 of the Public Statutcs is hereby amended so as to

^^^^^ ' read as foUows

:

Sec. 4908. 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.

iepe"i Sections 4903, 4904, 4905 and 4910 of the Public Statutes and

all acts and parts of acts inconsistent with this act are hereby

repealed.
Vermont 489

This act shall take effect from its passage, except those pro- faeiLt

visions hereof relating to fines and penalties.

A hundred weight shall mean the net weight of one hundred Pub- stat., 1906, Title o o 29. ch. 208, p. 951 pounds avoirdupois, and a ton, the net weight of two thousand '-j^^'') pounds ; and contracts or sales concerning the same shall be con- Hundredweight; ton strued accordingly.

A bushel of wheat, potatoes, peas, clover seed, beets and turnips

shall be each sixty pounds; a bushel of beans, sixty-two pounds ; vegetables a bushel of rye or Indian corn, fifty-six pounds ; a bushel of barley

or buckwheat, forty-eight pounds; a bushel of India wheat, fortysix pounds; a bushel of oats, thirty-two pounds; a bushel of

herd's grass or timothy seed, forty-five pounds; a bushel of apples,

forty-six pounds; a bushel of carrots, fifty pounds; a bushel of

onions, fifty-two pounds; a bushel of salt, seventy pounds ; as the

standard weight and measure of the same, in purchases and sales

thereof.

The kinds of produce enumerated in the preceding section shall sec. ^gif^^'' be in good order for shipping; and beets, turnips, carrots and ^Jj^^of shl'pptag^''"^ onions shall be reasonably free from the soil in which they grew,

and fairly trimmed of their tops.

One bushel and three-quarters of a peck shall be deemed a bushel

of charcoal, lime or ashes, and contracts concerning the same shall ,. ^ushei of charcoal,

I 1 , I , . 1 ° lime and ashes be understood accordmgly.

A pile of wood or bark four feet high, four feet wide and eight g^^ usss) feet long, well packed, shall be a cord ; and, in measuring the length cord"'"* of wood, only one-half the kerf shall be included.

The standard measure of milk shall be wine measure. In bargains for or sales of saw logs or round timber by measure, (/^^fi) the number of feet, unless otherwise stipulated by the parties, shall Miik be ascertained as follows : multiply the average diameter of the top sec.

4916'^^'''' of the log, inside the bark, in inches, by half such diameter in inches, tii^ber

^""^ disregarding fractions of an inch less than one-half, and regarding

fractions greater than one-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

whole log.

In contracts for covering roofs with slate, when no underlap is (-f^f") agreed upon, three inches for each course of slate shall be required. Roo^g'siate
490 Laws Concerning Weights and Measures

pub^ stft.?i9o6, ch. The words "concentrated commercial feeding stuff," as used

"se? 4983 ^^^^ chapter, shall include linseed meals, cottonseed meals, cotmMc^f°feedtag stufis fecds, pea mcals, cocoanut meals, gluten meals, gluten

defined fccds, maize feeds, starch feeds, sugar feeds, dried distiller's grains, dried brewer's grains, malt sprouts, hominy feeds, cerealine feeds, rice meals, oat feeds, com and oat chops, com and oat

feeds, com bran, ground beef or fish scraps, meat and bone meals,

mixed feeds other than those composed solely of wheat bran and

middlings mixed together or with ptue grain, provenders other

than those composed of ptue grains groimd together, condimental

stock and poultry foods, patented proprietary or trade-marked

stock and poultry foods and other materials of a similar nature

not named in the following section,

il^e'^" I'he words "concentrated commercial feeding stuffs," as used

in this chapter, shall not include hay and straw, the whole seed nor the immixed meals made directly from the entire grains of

wheat, rye, barley, oats, Indian com, buckwheat, India wheat

and broom com; nor shall it include the wheat, rye, and buckwheat bran or middlings not mixed with other substances but

sold separately as distinct articles of commerce, nor wheat bran

and middlings mixed together and not mixed with other substances, nor pure grains groimd together, when unmixed with

substances other than wheat, rye, or buckwheat bran or middlings,

itatemint of contents Kvcry lot or parcel of Concentrated commercial feeding stuffs as

Net weight defined in this chapter, used for feeding farm live stock, sold,

offered or exposed for sale, shall have a plainly printed statement

conspicuously affixed thereto clearly and tmly certifying the

number and net pounds of feeding stuff in a package, the name,

brand or trade mark imder which the article is sold, the name

and address of the manufacturer or importer, * * jf

the feeding stuff is sold in bulk at retail or put up in packages

belonging to the purchaser, the agent or dealer shall, upon request

of the pm"chaser, fiunish him with the certified statement named

in this section.

36^^497^ Every lot or parcel of commercial fertiUzer sold, offered or

ere °nTM^wlilht'^'2"be ^-^P*^^^^ retail prfcc of which is ten dollars or more

shown per ton, shall be accompanied by a plainly printed statement

clearly and truly certifying the number of net pounds of fertihzer

in a package, the name, brand or trade-mark under which the fertilizer is sold, the name and address of the manufacturer or importer, * * *.
VIRGINIA

The weights, measures, and balances received by this state, '9^;

"tie 25, under a resolution of congress approved the fourteenth day of

J-^^"^'^'' June, eighteen hundred and thirty-six, and an act of congress staidards approved the seventh day of July, eighteen hundred and thirtyeight, shall be kept in the capitol, in a room to be assigned by the

Governor and fitted up for the purpose under his direction; they

shall be the public standards of weights and measures in this

state. (1866-7) The Register of the Land Office shall be Superintendent oibf^aiti°%fo^^'^o^

Weights and Measures. p- 327 .

' ^

' ° Superintendent o f weights and measures The Governor and the Superintendent of Weights and Measures igti°~^'^ axe authorized and directed to contract for and have J^^-nufac- ^j.^eights^^an^^astured, within the state of Virginia, a sufficient number of sets of tured for counties and balances, weights, and measures (the measures to be made of cast

""^"'^"""^

iron, brass, or composition), as will be necessary to supply each

county and corporation within the state, not provided with the same. The said balances, weights and measures shall be delivered by the contractor at the office of Superintendent of Weights

and Measures as they may be required by said Superintendent,

and shall be paid for, on the order of the Governor, out of any

money in the treasury not otherwise appropriated.

Upon the application of the court of any county or corporation, ifoVo'btained by

the Governor or Superintendent shall furnish said county or cor-tTons"^^

corpora- poration with such balances, weights, and measures as the court

shall designate; but, before receiving the same, the agent of such

county or corporation shall pay into the public treasury the

amount paid therefor by the state. The court of every county and corporation shall constantly keep sec.

19^1^'^''^^ for the use and at the charge of such county or corporation, the m^u'es'' m^y^ shau following weights, measures, and balances, conformable to said'^^^P standards and sealed by said Superintendent, that is to say: of

dry measure, one half bushel, one peck, and one half peck; of wine

measure, one gallon, one half gallon, one quart, one pint, one half

pint, one gill ; one set of brass weights to four pounds, computed

491
492 Laws Concerning Weights and Measures

at sixteen ounces to the pound, with suitable scales and steel beam;

one set of iron weights from one pound to fifty poimds; also of

long measures, one yard, and a set of troy weights, from the lowest

denomination to eight ounces. All said measures, weights, and

balances shall be verified by the Superintendent, and sealed by

him in a durable manner, according to its true weight, capacity

and length.

Where and by whom Weights, balances and measures provided for each county

kept or corporation shall be kept in such place and by such person as may be appointed by the court; such person to be the sealer of

weights and measures for the county or corporation.

se'c'z'i^^^'

'^^^^ ^ cord contains one hundred and twenty-eight cubic feet, being

Weights per bushel, eight fcct loug, four fcct high, and four feet wide, or the equivalent

thereof; and in all measurement of wood, tan-bark or other things

subject to such measurements 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 weight 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 :

'

etc.Cord

Lbs. per bush. Barley Beans (white)

Blue-grass seed Buckwheat

Chestnuts

Clover seed Corn (shelled) Com (in the ear) Corn-meal Dried apples

Dried peaches, peeled

Dried peaches, iinpeeled Flaxseed Hemp seed Herds grass (or red top) seed. Hungarian grass seed Lime, unslacked Malt

60

14

52

5760

5670

50

2840

32

5644

124880

38

Millet seed Oats Onions

Onions, top sets. ..

.

Orchard grass seed

.

Osage orange seed.

,

Peanuts

Peas, black-eyed. .. Potatoes, Irish Potatoes, sweet . . .

.

Plastering hair Rye

Salt Stone coal Timothy seed Turnips

Wheat

Cotton seed

Lbs. per bush.SO30

5728

1434

2260

56

56

8

56SO

80

45

5560

32

(jpoo) Sec. 1913a When apples are bought or sold by weight in this state, the

ap^e^i^' ^^"^^ °' 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, selHng, or shipping apples

Size of apple banels 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 measure- ment. Every person buying or selHng apples in this state by the

1 For convenience in printing a slight change has been made in arrangement of these articles.
Virginia 493

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 act, unless

each of the same is plainly stamped on the outside thereof, and on "siwrt bar- each head with the words "short barrel" in letters not less than

two inches in height. Every person violating any provisions of ^^^^

this section shall forfeit the sum of five dollars for every barrel put

up, made, or used in violation of such provision, one-half of

which shall go to the informer and one-half to the commonwealth.

1. On and after August tenth, eighteen himdred and ninetyeight, it shall not be laTv^Ful for any person in the State of Virginia li^e ^ o^^an-eis for to use in the shipment of those agricultural products commonly p^udtsre^ted*^^

called truck a barrel of less size and dimensions than as follows,

to-wit : the heads or ends shall not be less than seventeen inches

;

the staves shall not be less than twenty-seven and one-half inches

;

inside measurements at bilge not less than eighteen and one-half

inches, and the height of barrel from bottom head to top end of

the stave shall not be less than twenty-six inches; single head or double head from head up, twenty-fotir and one-half inches. Any

person violating this section shaU be fined not less than one nor more than five dollars for each offence, and the use of each barrel

so prohibited used shall constitute a separate offence.

2. All barrels manufactured or offered for sale by any railroad size of barrels manu-

, , . . ^ 1 . factured for sale by rail- company, agent, or transportation company, or any person m this road company state after the tenth day of August, eighteen himdred and ninetyeight, used or to be used in the shipment of truck shall be of not

less dimensions and shall be of not less capacity than the barrels

prescribed in section one. Any person or any railroad company,

steamboat company, or agent of any transportation company

violating this section shall be fined not less than one nor more Penalty than five dollars for each offence, and the manufacture and offering

for sale of each barrel so prohibited shall constitute a separate

offence.

3- Nothing contained in sections one and two shall apply to or use of flour barrels, prohibit the use or sale of ordinary^ flour barrels or of hah barrels, crates ^'

""^ boxes, or crates. Fines recoverable 4. The fines and penalties prescribed by this act shall be recover- how*° ^

^ able before a justice of the peace in the same manner as other fines are recoverable by law, and any justice, upon the oath of a creditable person, shall issue a warrant for any one charged with the

violation of this act or any part thereof, and the amount recovered

therefrom shall be paid into the treasury of the state: provided

that the provisions of this act shall not apply to barrels used for

the shipment of apples.
494 Laws Concerning Weights and Measures

Sec. 19130°^^ Every barrel of flour put up or mantifactured in this state shall

ref^¥eniity ^for^ ^ess coutaiu not less than one hundred and ninety-six pounds of flour,

bl?' poun°ds°'^muS"?e that every barrel of flour put up or manufactured in this state,

stamped on barrel and every barrel of flour shipped into this state, shall have the

number of poimds contained therein plainly stamped on one head,

st^p'btrrl'is contato- pcrsou or firm doing business in this state wilfully or

ing flour kuowingly 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 fiiied twentyfive dollars; and the sale of every such barrel or package shall

constitute a separate offence.

Sec. i9^3d Hereafter when a dealer or dealers in coal in cities or towns in

erfof 0131°''°*"'°^"TM" this state, where public scales are kept, may be requested by a

person or persons buying as much as five 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 per- sons buying the coal to pay the fee for weighing same, if such coal

shall be of proper weight, otherwise such fees shall be paid by said

weilh'^' ^^^^^^ '° dealer. Any dealer refusing to weigh or to have weighed such coal as required in the above section, or to pay such fee for weighing

the same as hereinabove set out, shall be fined the sum of five

dollars for each offense; Provided, however, that the provisions of

this act shall not apply to any dealer or consumer of coal resi- dent in the city of ]Cynchburg.

Sec. 1914'^'^^ Once in every ten years from the time at which they are first

st^dai^l, how^oftln^' Sealed, the said sealers of weights and measures shall cause them

to be tried and proved by the said public standards, imder the

direction of the Superintendent, and sealed by him anew; and if any sealer of weights and measures shall fail to do so, he shall

forfeit one hundred dollars.

{184c)) Every sealer of weights and measures shall at least once in Sec. 191

5

How often to adver- every year, advertise m some convenient newspaper, or put up tise for proving those of . .„ . r .^ . . • r .1 individuals notifications m different parts of the county or corporation, of the

uai testing timcs and places when and where he will attend for the purpose of

trying and proving such balances, weights and measures as maybe

brought to him for that purpose. Those which may be found or can be made to agree with the standards, shall be sealed by him

accordingly, and he shall deface and destroy all such as do not

and cannot be made to agree therewith.^

More'ti^ one sealer '^^c court . may appoint morc than one sealer of weights and

may be appointed measurcs for its couuty or corporation and assign to each the district within which he shall act. A full set of weights, measures,

and balances shall be provided for each district, and each sealer

shall act only in his own district.

' Sec. 1916 repealed by laws of 1895-96, p. 341.
Virginia 495

The sealer of weights and measiores of the county or corporation ed1fy\\ctsrf^s^^biy'

for which the service is rendered shall have five cents for every 1910, ch 207, p. 327 f 66S of scsJsrs " IlOW weight or measure, or scale beam and balance, steelyard and the paid beams and poises thereof, tried, proved and sealed, or defaced

and destroyed by him, said sealers of weights and measures to be A^^^- ^ amend-

• 11,1 .11- .. , , edby Acts 1910, ch. 207, paid by the owners, respectively, for whom the service is rendered, p- 328 The seals and other things necessary to enable them to perform and paid for their duty shall be procured by the Superintendent and the

sealers. The cost of such as are procured by the Superintendent

shall be paid on the order of the Governor, and of such as are procured by a sealer of weights and measures, shall be a charge on the

county or city by whose court he was appointed.

A person may call at any time upon the Superintendent, in ed^^y'a'cts.^is^i^^'

Richmond, or a sealer of weights and measures in his county or ^°^ow^''weights and corporation, to tr\- and prove the weights and measures of such ^^^^^"''''^ ^^^'^^ ^' person, he paying therefor the regular fees provided for in section . Testing at special

nineteen hundred and eighteen.

If any coimty or corporation court shall refuse to provide and le'iity'ou judge for keep the weights, measures, and balances prescribed by law, ever}' refusing to provide them judge holding such court shall forfeit one dollar per month thenceforth until they shall be provided.

If the Superintendent or any sealer of weights and measures Pen^t^%n superin- shall fail to perform any duty imposed on him, he shall forfeit t^^<i^°' ^^^'^^s twenty dollars for each offence.

If any person shall sell or offer to sell any commodity, buy, or lenity^ for using keep for buying and selling, or for weighing packages for shipment, noTleaied"^ measures any scales, balances, steelyards, weights or measures not sealed

according to law, he shall forfeit for each offence a sum not exceeding ten dollars.

. Sec 1924 Once m every five years the directors of each bank shall have Bank weights and

j-t - -I . J* Li_i.i,*j J J 11 '^.i 1 measures, sealing of the weights used m such bank tried, proved, and sealea, either by

the Superintendent or a sealer of weights and measures. No tender by any bank in the state, of gold weighed with weights ho w g 1 d to be not SO sealed, shall be legal. The payer to, or receiver from, any aotiti^'

'"^'''^ '""'^^ 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.

All commercial manures, and artificially manufactured or p/;^^'

manipulated fertihzers, brought into or manufactured in the State ig^i""^^ of Virginia, for sale, and sold or kept for sale therein, shall have ^ f

^Jt'ii^^fs ° 5^ ' ^ I 111 1 beled; what label to permanently affixed to every sack, bag, barrel, box, or other use; standard measure package thereof, a stamped or printed label, w'hich 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,

the component parts of such manure or fertiUzer, the percentage,
496 Laws Concerning Weights and Measures

by weight, which it contains of the following constituents, viz;

Of phosphoric acid, soluble in pure cold water; of phosphoric acid,

insoluble in pure cold water; of available ammonia, potash, and

soda. And where stable manures, or commercial manures, other

than 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 cartload, or where the same are upon sale, delivered in

this state, the standard of such measures shall be as follows, to-wit:

A bushel measure shall be no other than stave meastne, 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 meastuement of such manures the tubs must be filled to a slight rise above

Measures branded ^j^^ ^^^^ measurcs 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 measiu-e, above provided, shall constitute a merchantable cartload of such manures as are above mentioned.

^

Acts, 1910, ch. 343, shall not be lawful at any time for any person to buy or sell

Oyster measures oystcrs in this State in the shell by any other than one-half bushel

or one bushel metalUc measures, and such measures shall be iron

Dimensions of circular tubs with straight sides and straight solid bottoms with

holes in bottom, if desired, for draining, such holes to be no larger,

urefwhen howcvcr, than one inch in diameter. A half bushel tub shall have

the following dimensions (all measvirements 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 nineteen himdred and eleven of the Code

of Virginia, eighteen hundred and eighty-seven [Sec. 191 1, Code

^^"^^'y 1904]- Any person violating any provision of this section shall be

filled not less than twenty-five nor more than one hundred dollars

seue^d,^whln cach offeusc. Morcover, 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 unlawftd measures. Any person foimd guilty of resisting or impeding an officer or other person authorized to make arrests, seiztues, examinations

or other performances of duties tmder this act shall be fined not
Virginia 497

less than fifty nor more than five hundred dollars, and if any per- or^uthori^ed pers°on by son, by threat, force or display of firearms or other weapon, resist "^"^^ats, and so forth 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 penalty month, and fined not less than one hundred nor more than one thousand dollars. Any member of the commission of fisheries, all inspectors and ^^""^ other officers in the service, shall have authority, with or without Who may make ar- warrant, to arrest any person and seize any vessel, boat, craft or other thing used in violating any of the provisions of this act,

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 any 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.

8578°—II 32

WASHINGTON

The standard of weights and measures in this state shall agree

exactly with the standard as recognized and furnished by the

United States, and shall, for the purpose of security and verifi- cation, be kept in the custody of the secretary of state. The secretary of state shall be ex officio state sealer of weights and

measures, and shall have the care and custody of the authorized

public standard of weights and measures. He shall try and prove

by such standards all weights and measvires, scales and beams

which may belong to any cotmty and be sent and brought to him

for that purpose by the county sealer, and shall seal such when

foimd to be accurate, by stamping on them the letter " W" with a

seal which he shall have and keep for that purpose.

The coimty auditor of each covmty shall be the sealer of weights

and measures for the coimty, and shall have the care and custody

of the coimty standards. He shall procure at the expense of the

county, when not already provided, a full set of weights and

measures, scales and beams, which he shall cause to be tried,

proved, and sealed by the state standards, under the direction of

the secretary of state. The secretary of state shall authorize and instruct the county

auditor of each and every county in this state in regard to testing

and verifying weights and measures within said county, and shall

furnish said county auditor with a copy of this act, and the

county auditor shall immediately post in his office due notice of

his authority and readiness to act as inspector and sealer of

weights and measures, and shall advertise the same in two papers

in said county for the month of January in each year: Provided,

however, That in counties where no newspapers are published,

that notices shall be posted in five public places.

The several county sealers shall try and prove all weights and

measures, scales and beams, when requested to so do, and when

the same are found or made to conform to the legal standards,

they shall seal and mark such weights and measures with a seal

to be kept by them for that purpose.

The state and county sealer of weights and measures in this state shall charge for testing or sealing any beam or scale the sum

Remington and Ballinger's Ann. Codes and

Stats., p. 2199

(1890) Sec. 95 1

1

Standard

Sec. 9512 Caie of, etc.

Sec. 9513 Care of and proof by

county standards

Sec. 9514

Instruction At sealers Notice of sealers

Sec. 9515 Sealing of measures

Sec. 9516 Fees

499
500 Laws Concerning Weights and Measures

Sec. 9517 Cost of count; stand- ards

Sec. 9518 False weights; pen

alty

Sec. 9519 Oath of sealers

Sec. 9520 Half bushel

Sec. 9S2I Hundredweight Ton

Sec. 9523 Bushel

of fifty cents: Provided, That no charge shall be made for testing or sealing weights for counter, gold or apothecary scales, and for

each and every weight or measure ten cents; for seahng and

marking hquid and dry measures, if the same be a gallon or more,

ten cents; if less than a gallon, five cents. They shall also be

entitled to a reasonable compensation for making such weights

and measures conform to the standards estabhshed by this act. The expense justly chargeable to any coimty in this state and

incurred in and immediately connected with procuring coimty

standards of weights and measures, and noticing and advertising

the same in furtherance of the provisions and intentions of this

act, shall, on presentation of proper and sufficient vouchers to the

county commissioners, be accepted and paid by the said county.

That any person in this state who shall, after thirty days sub-

' sequent to pubhshed notice from the county sealers of weights and

measures, as provided in section 9514, be foimd using any false or fraudulent beam, scale, weight, or measure, and who shall fail or

neglect, on written notice of the same from any person aggrieved,

or in any way cognizant thereof, to have said imperfect beam,

scale, weight or measure duly inspected, and by proper authority

adjusted and sealed, or who shall use the same scale, weight or measure subsequent to said notice without correction or adjustment, as provided in this act, any person so offending shall be

liable to an action in law and penalty of twenty dollars for each

and every offense, to be paid into the county fund.

The secretary of state and each and every county sealer of

weights and meastnes in this state shall, before entering upon

the performance of any official duties described or implied in this

title, take and subscribe the following oath or affirmation-

"I, do swear (or affirm) that I will not seal or give any

certificate of correctness for any scale, weight or measure but such

as shall, as nearly as possible, agree with the standard in my

keeping, as the standard of the state of Washington and of the

United States, and that I will, to the best of my ability, execute

and discharge truly and faithfully the trust reposed in me. So

help me God." Which oath or afi&rmation shall be filed in the

office of the secretary of state. In the sale of fruits, vegetables, and all other articles sold by

the heaped measure, one thousand two hundred and eighty-two

(1,282) cubic inches shall constitute a half bushel.

The himdredweight shall consist of one hundred pounds, and

twenty such himdredweights shall constitute a ton. Whenever any of the following articles shall be contracted for, or sold, or delivered, and no special contract or agreement shall
Washington 501

be made to the contrary, the weight per bushel shall be as fol- lows, to-wit: * Pounds. Wheat 60

Clover seed 60 Rye 56 Indian com 56 Oats 32 Barley 48 Buckwheat 42

Pounds. Dried apples 28 Peaches 28

Potatoes 60 Green apples 45 Pears 45 Flax 56

Sec. 9523 Penalty

US77)

Sec. 9524 Charcoal measure

Whoever in buying any of the articles mentioned in the preceding section, shall take any greater number of pounds thereof

to the bushel, or in selling any of said articles, shall give any less number of poimds thereof to the bushel than is allowed by said

section, with intent to gain advantage thereby, except when

expressly authorized so to do by special contract or agreement

to that effect, shall be liable to the party injured in double the

amoimt of the property so wrongfully taken or not given, and ten

dollars in addition thereto, to be recovered in any court of competent jtarisdiction.

All baskets for measuring charcoal in this state, shall contain

two bushels and shall be of the following dimensions, viz: Nineteen inches in breadth in every part thereof, and seventeen and

one-half inches deep, measuring from the top of the basket to

the highest part of the bottom and be well heaped: Provided,

That nothing in this section shall be construed so as to prevent

the use of any basket, box or other measure in conformity with

the standard of measurement as provided in this section.

Any person or persons who shall violate the provisions of the

last preceding section shall be Uable 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

coimty in which such offense or offenses may have been committed.

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 hops^'^"'^'"'"

°* '^^^ °° fixed at five potmds 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 himdred and seventy-five to two hundred and ten poimds. Any vender 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.

Sec. 9525 Penalty

(iSgo)

Sec. 9526

Bale of hops

' For convenience in printing a slight change has been made in arrangement of articles.
502 Laws Concerning Weights and Measures

Sec. 2%^''^^ Every person who uses any weight or measure, knowing it to

measare*^^* '^^ false, by which use another is defrauded or otherwise injiu-ed,

is guilty of a misdemeanor. A false weight or measure is one which does not conform to the standard established by the laws

of the United States.

Sec. Ms^^^ all sales of coal, hay and other commodities usually sold by

wfight"^^

'° ^'"^ °^ fractional part thereof, the seller must give to the purchaser full weight, at the rate of two thousand potmds to the

ton; and in all sales of articles which are sold in commerce or

trade, by avoirdupois weight, the seller must give to the purchaser full weight at the rate of sixteen oimces to the pound.

Any person violating this section is guilty of a misdemeanor.

Remington and Bai- Bvcry pcrsou who shall injurc or defraud another by using.

Ungears Ann. Codes and ^.^j^ kuowlcdge that the samc is false, a false weight, measvue or

Sec. 2637'°'^ other apparatus for determining the quantity of any commodity

and^mlasurll

^^'^'^'^ or article of merchandise, or by knowingly 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 that it was so retained without

intention to use it or permit it to be used in violation of the foregoing provisions of this section, shall be guilty of a gross misde- meanor.

Remington and Bai- That thc Unit of measurc for water for irrigation, mining,

stats., p. 1063 milHng and mechanical purposes in this state shall be a cubic foot

Sec. 63if'"'* of water per second of time.

RSoHnrial Any such city ' shall have power:

linger's Codes and

Stats., p. 1454

Sec. 7507 . 1 r Generi/^'powers of 1 6. To cstabHsh and rcgulatc markets, and to provide for the

*^°To"rovid'' for weigh- weighing, measuring and inspection of all articles of food and

ing, etc., of looi driuk offcrcd for sale thereat, or at any other place within its limits,

r^l?"^ leglii'^ wSght'i by proper penalties, and to enforce the keeping of proper legal

and measures weights and mcasurcs by all venders in such city, and to provide

for the inspection thereof.

Remington and Bai- Ail milk cans or other vessels used for the shipping, sale or disungersAnn.codesandp^^.^^ of milk shall havc their Uquid Capacity United States

Sec 9527^'''' standard, meastued and plainly sealed or stamped thereon by any

stamped' an mii^^^fbounty auditor, as ex officio county sealer, or any of his deputies,

in the manner already provided for the seaUng of weights and

measures.

Sec 9528 Any individual or corporation owning and using milk cans or mScin^'""""' Other vessels or shipping, selHng or dispensing of milk by measure- ment for a consideration in a can or vessel that has not been

officially sealed and its liquid capacity plainly stamped thereon,

1 Cities of the first class, having a population of 20,000 or more inhabitants.
Washington 503

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.

Any county sealer shall charge a fee of ten cents for each milk ||es for^eaiing can or vessel so stamped or sealed. (jpoj) There is hereby created a standard size for apple boxes and pear iteiidard size for ap- boxes for the state of Washington. ^'LTl^aT' The standard size of an apple box shall be eighteen inches long, ^^1^*TM'^ — Measure- 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.

Two thousand two himdred forty pounds shall constitute a „ (^907)

, Sec. 9532 gross ton of coal, and two thousand poimds shall constitute a net coai, weight of gross ton of coal. Any person selHng less than two thousand pounds for a ton shall

l^g^^^il^^ j^, ^^^^ be guilty of a misdemeanor and upon conviction thereof shall be weight fined not less than twenty-five dollars ($25.00) nor more than five

hundred dollars ($500.00) or imprisoned in the coimty jail not less than ten days nor more than six months, or fined and imprisoned

both, in the discretion of the court. For the purposes of this act an article shall also be deemed to be ,. Remington and Bai- 11 linger s Ann. Codes and misbranded: * * * stats., p. -77^ In the case of food: * * * Third.—If the net weight or net sec. 5456'"' 1-11 , ,,1 , . t • J -J. 1 11 Misbranded food measure of such package, bottle or container be given, and it shall

not be the true net weight or net measure.

* * * Such railroad company or common carrier shall provide ,. Remngton and Baii t

• • 1. linger s Ann. Code and at such place or places as the railroad commission may designate stats., p^gsj^ suitable track scales for weighing cars of grain or hay. Such sec. sgX*' scales shall be under the control of the chief inspector and his vided—s c a 1 e s exam- weighers. It shall be the duty of the chief inspector or his deputies "^^^ to examine, test and require the railroad company to correct all scales so provided as often as may be necessary to insure the correct weighing of grain or hay. Whenever scales have been installed by

any railroad company or common carrier as above provided, it shall

be the duty of the state weigher to use such scales in weighing aU

grain or hay received over the fine of such railway: Provided, that

if [in] any mill or terminal warehouse in inspection cities there are provided proper scales and weighing facihties, the chief inspector

or his deputies may weigh the grain upon the scales so provided.

The chief inspector or one of his deputies shall, at least once each

year, examine, test and require to be corrected all scales used in scales to be tested weighing grain or hay at any pubhc warehouse in this state, 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
504 Laws Concerning Weights and Measures

issue to the owner or proprietor of such warehouse a certificate

authorizing the use of such scales for weighing grain or hay for the

ensuing year unless sooner revoked by the chief inspector or his

deputy. If such scales be found to be inaccurate or unfit for use, the chief inspector or his deputy shall notify the party operating or using them, and the party thus notified shall at his own expense

thoroughly repair the same before attempting to use them, and

tmtil thus repaired to the satisfaction of the inspector or his deputy,

the certificate of such party shall be suspended or revoked in the

discretion of the inspector or his deputy. The party receiving such

certificate shall pay to the chief inspector or his deputy the sum of one dollar for each scale, which sum shall be paid into the state treasury.

iin^r"fcod°e'\ and It shall bc thc duty of the governor to appoint state weighers,

stats., p-j3i6^ to weigh all shingles and lumber to be shipped beyond the Unfits

itate°weighers how ^^^^ statc. That thcrc shall be one weigher appointed for each

appointed of the transcontinental railroads running into this state, and that

the office of said weighers shall commence when this act goes into

effect. That the term of office of said weighers shall be for the

period of four years.

Removal oi weighers The governor shall have the power, and it is hereby made his

duty, upon receiving a petition in writing from five manufacturers

of shingles or lumber, complaining of the wrongful acts of any of

said weighers or their deputies, to investigate such charges and in

his discretion to remove such weigher and to appoint a successor for

such weigher.

oaV°£md bond of Each Weigher and each deputy weigher shall, before entering

deputy 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 and abifity. Each weigher shall execute to the state of Washington a bond with two or more sureties, to be approved by the

Secretary of State, in the sum of three thousand dollars, conditioned that he and his deputies will faithfully perform their duties

as lumber and shingle weighers and if said lumber and shingle

weighers or his deputy shall fail to keep the conditions of said bond,

then the person aggrieved by his or their wrongful act shall have a

right of action against said weigher and the sureties on said bond,

and they shall be liable on said bond for any judgment recovered

in such action to the amount of the penalty of such bond. The

oath and bond shall be filed with the secretary of state.

lauro°ads to provide shall bc the duty of cach of said railroads to construct scales

scales capable of weighing cars loaded with lumber or shingles shipped

from that portion of Washington west of the Cascade mountains at

some point on their respective fines and within the limits of this state for the purpose of weighing said lumber and shingles; and
Washington 505

that it shall be the duty of each of said railroads doing business east

of the Cascade mountains to maintain scales on the east side of the

moimtains and within the limits of this state for the purpose of

weighing lumber and shingles manufactured on each side of said

mountains.

All railroad companies operating any railroad or any part sec.7084*"'^^ thereof within the limits of this state are .... required to provide Raiiroada to provide

scales 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 ^^^r^^i^ght^c^h a rges 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.

Each weigher shall have the right to appoint one or more ^

(jfos) J , • i Sec. 708s deputy weighers. Deputies All lumber and shingles to be shipped beyond the limits of this

f)uty'of weigher state by railroad shall first be weighed by said weigher or his

deputy at the place where said scales are located.

If any lumber or shingles shall be shipped beyond the limits of Ralirofds to accept this state by any railroad company before being weighed by said weights weigher or his deputy, said railroad shall be compelled to accept

the weight named in the affidavit (if there be any affidavit)

attached to the bill of lading, and in all cases where there is no

such affidavit attached, said cars of shingles or lumber shall be

weighed by said weigher in every instance; any failure to comply

with the above requirements shall be adjudged a misdemeanor,

and on conviction thereof shall, for each offence, be fined in any

sum not less than five hundred dollars nor more than two thousand Penalty dollars.

Upon weighing said shingles or lumber, the weigher or his deputy

what"weigher's bin shall make out a bill, stating therein the names of the consignor to contain and the consignee, the destination of said car of shingles or limiber

and the place from which said car was billed, the name of the

railroad owning such car and the number of said car, together

with the number of shingles or amount of lumber said to be con- tained in such car, and the total weight of shingles or lumber con- tained therein. He shall enter upon the books of his office, to be

provided by him and kept for that purpose, a correct copy of said

bill, and shall mail or deliver to the consignee two correct copies

of said bill, and to the agent of the railroad over which said car is shipped one correct copy of said bill, with the certificates thereto

attached, that it is a true and correct bill, which bill so certified

shall be presumptive evidence of the facts therein contained.
5o6 Laws Concerning Weights and Measures

lies'"*' Each weigher or his deputy shall receive and collect from the

railroad by which said lumber or shingles were received, the sum

of fifty cents a car for each and every car of lumber or shingles

weighed by him.

Ilsis"'" When any cars shall have been weighed, as herein designated,

the said weight shall constitute the basis by which the weight of

said limiber or shingles shall be determined.

ut5e?fA*i??. o its railroad companies operating as common carriers within the

and stats.^^^^^ limits of this state, shall hereafter be required to provide scales.

Sec. 8676 _ _ and weigh at junction or at some common point within this state

^ ^ "all cars loaded with lumber, shingles or other forest products for

shipment.

cha/ge", how based chargcs 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 raihoad 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,

itetemlnt of weight- Any raihoad company's employee acting as weigher shall upon

shipper's count requcst of any shipper give him a statement showing gross and net

weight of any shipment by him. Sworn coimt and weight of

shipper shall be presumptive evidence of true weight where error

in railroad weights is apparent.

Cars weighed sepa- All cars shall be weighed on the scales separately, and not

'^'^'^ attached to other cars and at a standstill.

Penalty for violation In case of violation of the provisions of this act by any raihoad

compan)'-, 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 imder this act shall be paid

into the county treasury in such county where action is taken.

["This act" embraces §§ 8676-8681.]

May^contract regard Nothing coutaiucd in this bill shall interfere with the right

ing weights, when Qf ^j^g shipper and carrier to enter into a private contract regarding

weights when it is impracticable to weigh. [" this bill " : §§ 8676-

8681.]

9i^p'!''398 '''''' raihoad delivering grain or hay in cars at any of the places

Railroads to provide P^^"^^*^^^ With statc inspcctiou uudcr this act shall provide conside tracks venient and suitable side tracks at such places as the commission

[Raihoad Commission] may designate, on which all cars of grain

or hay dehvered by them shall, upon arrival, be set and arranged

convenient for inspection, and after inspection such raihoad

company shall promptly distribute all such cars of grain and hay
Washington 507

and set them at the proper place or places to be unloaded as designated by the consignor or consignee. Such raihoad company

shall provide at such place or places as the commission may desig- provide track nate suitable track scales for weighing cars of grain or hay. Such

scales shall be under the control of the chief inspector and his

deputies. It shall be the duty of the chief inspector or his deputies to require the railroad company to correct all scales so provided as often as may be necessary to insure the correct weighing

of grain or hay. Whenever scales have been installed by any

aihoad 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 Hne of such railway: Provided,

That if any terminal warehouse in inspection cities are provided

with proper scales and weighing facilities, the chief inspector or

his deputies may weigh the grain upon the scales so provided.

The chief inspector or one of his deputies shall, at least once each

year, examine, test and require to be corrected all scales used in Annual scale test weighing grain or hay in any of the cities designated as inspection

points in this act, or such places as may be hereafter designated,

and after such scale is tested, if found to be correct and in good

condition, to seal the weights with the 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 chief inspector or his deputy.

If such scales be found to be inaccurate or unfit for use, the chief

inspector or his deputy shall notify the party operating or using

them, and the party thus notified shall, at his own expense,

thoroughly repair the same before attempting to use them, and

until thus repaired to the satisfaction of the inspector or his

deputy, the certifi-cate of such party shall be suspended or revoked,

in the discretion of the inspector or his deputy. The party receiving such certificate shall pay to the chief inspector or his deputy

a reasonable fee for such inspection and certificate to be fixed by Fee for inspection the commission, which sum shall be paid into the state treasury.

It shall be the duty of the said commission to see that the provisions of this section are strictly enforced.

It shall be the duty of all railroads operating in this state, to sess. Laws, 1911, ch. provide suitable faciUties for the testing of all track scales used "see.' 19* by such railroads. The commission [Pubhc Service Commission] facilities for testing 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 rail- ^est car or device road 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 faciUty to be equitably and reasonably apportioned
5o8 Laws Concerning Weights and Measures

Track scales tested

Fees

among the different railroad companies by the commission. Such

car, device or facihty 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 facihty 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 facihty may be used

in adjoining states to test the scales of railroad companies and for

that purpose may be taken beyond the hmits 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 suffi- cient to cover the cost and expenses connected therewith for the

inspection and testing of all scales.

ieSeTM's°ann°codes?nd shall bc uulawful for any mine owner, lessee, or operator of

Stats.

^^^^^^ coal mines in the state of Washington employing miners at bushel

Sec. 7406 or ton rates, or other quantity, to pass the output of coal mined

Duty of owner as to , . . ^ - .-i j • 1_- 1. 1. 11 .l 1 having output of coal by said mmcrs over any screen or other device which shall take

weighed and credited -poxt from the valuc thereof bcforc the 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 w-eights as fixed

by the laws of the state of Washington.

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 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, or (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 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

weigh office, and any weigher of coal, or any person so employed,

who shall knowingly 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 twenty-five dollars 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, proceedings to be instituted in any

comrt having jurisdiction thereiri.

Sec. 7407 Weighman of coal

Rights of employees

Oath and penalties
WEST VIRGINIA

That the weights, measures and balances received by this State, ^

under a resolution of Congress, approved the foiuteenth day of ^J^f":'^^^^ June, one thousand eight hundred and thirty-six, and an act of ^standard weights Congress approved the seventh day of July, eighteen hundred and kept ' ^

thirty-eight, shall be kept in the capitol, in a room to be assigned

by the governor, and fitted up for the piurpose imder his direction.

They shall be public standards of weights and measures in this State. The superintendent of weights and measures shall receive for his ^ uss2) services such salary as may be prescribed by law.^

The governor and superintendent of weights and measures are weighu and meas- authorized, and they are hereby directed to contract for and have "^^vemorto^Mntract manufactured a sufficient number of sets of balances, weights and^"^

measvues, the measure to be made of cast iron, brass or composition, as will be necessary to supply each coimty within tliis State. The said balances, weights and measures shall be delivered by the

contractor at the office of the superintendent as they may be re- quired, and shall be paid for on the order of the governor out of any

moneys in the treasury not otherwise appropriated.

Upon the appUcation of the cotmty court of any coimty, the d^uvJ^ to county governor or superintendent of weights and measures, shall fumish p^'TM^""'"^ said county with such balances, weights and measures as the said

county court shall designate, but before receiving the same the said

court shall pay into the pubUc treasury the amount paid by the

State for the same. The county court of each coimty shall constantly keep for use ^^'t^'^court to keep

and at the charge of such court, the following weights, measures ^^^g^j^^'^iits, etc. and balances, conformable to the said standards and sealed by the standards superintendent, that is to say: Of dry measure, one-half bushel, one peck, one-half peck; of wine measure, one gallon, one-half gallon, one quart, one pint, one-half pint, one gill; one set of brass

weights to four pounds, computed at sixteen ounces to the pound,

with suitable scales and steel beam; one set of iron weights from one pound to fifty pounds ; of long measure, one yard ; and a set of Troy

' Ch. i8 of the Code, as it was prior to the passage of acts 1897. ch. 61. provided that the adjutant general should be ex officio superintendent of weights and measures, but by said acts 1897, ch. 61. said chapter 18 was repealed, and there seems to be no provision in the present ch. 18 for a superintendent of weights and measures.
Laws Concerning Weights and Measures

weights from the lowest denomination to eight ounces ; all of said

measures, weights and balances shall be verified by the superintendent and sealed by him in a durable manner according to their

true weights, capacity and length.

Weights and meas- '^^^ wcights, mcasurcs and balances provided for each county

county*" ^^^^ ''y shall bc kept in such places and by such person as may be designated by the county court of such county, and such person shall be

the sealer of weights and measures for the county.

To'^'bytested and re- Oncc in cvcry tcu ycars from the time at which they are first

sealed every ten years sealed, the Said scalcrs of wcights and measures shall cause them to

be tried and proved by the said public standard, under the direction

of the superintendent, and sealed by him anew, and if any such

sealer shall fail to do so, he shall forfeit one hundred dollars.

Sec

^2*1^2^' Every sealer of weights and measures shall at least once every

Notices year, advertise in some convenient newspaper, and put up notifications in at least three public places, in every magisterial district of

Proving balances the couuty, of the times and places when and where he will attend

in said districts for the purpose of trying and proving such bal- ances, weights and measures as may be brought to him for that

purpose, or which have not been previously tried or proved within

three years. Those which may be found, or can be made to agree

with the standards, shall be corrected or altered and sealed by him

accordingly, and he shall deface and destroy all such as do not and

cannot be made to agree therewith. Such sealer shall in all cases

furnish the lead, instruments or other things necessary for such

correction or alteration and sealing.

Duty'o? sealer of ^^^^ scalcr of cach couuty shall once in every three years go

county to the mills, stores or shops of every person within his county, who

uses balances, steelyards, platform balances, weights or measures,

for the purpose of buying or selling, and who has failed for three

years to bring or send them in at the times and places notified by

him, and also to all hay scales, cattle scales, and platform balances,

kept for public use, and there try and prove such scales, balances,

steelyards, weights or measures, and seal or deface and destroy

them as may be proper. In the cases mentioned in this section.

Double fees the Sealer of weights and measures shall, for such services, have

double the amount of his regular fees. Keepers of scales for

weighing five stock and other ponderous articles shall have constantly on hand a sealed weight of not less than fifty poimds, for

the purpose of testing the correctness of such scales, whenever

required by any person desiring to use the same for the purpose

aforesaid. Any person violating this section shall be deemed

Sec. 2714 guilty of a misdemeanor, and fined not exceeding fifty dollars.

^_^seaier's compensa- j^ach scalcr of wcights and mcasurcs shall have five cents for

every weight or measure, or scale-beam and balance, and ten cents
West Virginia

for each steelyard and the beams and poises thereof, tried, proved,

and sealed or defaced and destroyed by him, to be paid by the owners thereof, respectively, for whom the service is rendered.

Provided, That such sealer shall not have exceeding twenty-five cents for his regular fees (or where proper not exceeding fifty cents

for double fees) , for any one scale and set of weights, or for any one

set of measures. The seals and other things necessary to enable them to perform

their duty, shall be procured by the sealers, and the costs thereof

shall be a charge on their respective counties.

A person may at any time call upon the sealer of his county to try and prove the weights and measures of such person, he paying

therefor the regular fees, or double the fees if the service be ren- dered at his own house, store or shop.

If the superintendent, or any sealer of weights and measures

shall fail to perform any duty imposed on him, he shall forfeit

twenty dollars for each offence.

If any person in the county in which the weights, measures and

balances have been provided as required in section five [2709]

of this chapter, shall sell or offer to sell any commodity, buy, or keep for buying and selUng, any scales, balances, steelyards,

weights or measures not sealed according to law, he shall forfeit for each offence a sum not exceeding ten dollars. Once in every five years the director 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 this state of gold weighed with

weights not so sealed shall be legal. The payer to, or receiver

from, any such 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.

The standard weight of the articles hereinafter named shall be

as follows:^

(1SS2) Sec. 2715 Seals

Sec. 2716 Any person may call on sealer to test

Sec. 2717 Penalty

Sec. 2718

Forfeiture

Sec. 2719 Banks to have their weights tested

Sec. 2720 Tender of gold. How

weighed

(1866. 1882)

Sec. 2721 Standard weight

I.bs. per bush. Bituminous coal 80 Wheat 60 Beans 60

Potatoes 60 Clover seed 60 Rye 56 Com 56

Lbs. per bush. Flaxseed 56 Barley 48 Oats 32 Buckwheat 52 Timothy seed 45 Dried peaches 33 Dried apples 25 That " Scribner's rule " for the measurement of logs, lumber and

timber of all kinds, is hereby established as the lawful rule in this state for the measurement of all kinds of lumber, logs and timber,

unless some other rule be agreed to.

US83)

Sec. 2722 Timber measure

' For convenience in printing a slight change has been made in arrangement of these articles.
Laws Concerning Weights and Measures

Code, ig^^pp. 176-178 shall be the duty of every corporation, company or person,

i'^ckfes and meas- ^^S^S^d the busmcss of mining and selling coal by weight or

DuUe^^"^eaier—TesT procuTc and Constantly keep on hand at the proper

ing on request—Duties placc, the neccssary scales and measures and whatever else may be

of mine mspector ncccssary, to corrcctly 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 coimty 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

year and test the correctness 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 foimd 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 foimd 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.

^aiiiars—consecu- Each car uscd by any such corporation, company or person in

tive numbering— removing coal from any coal mine, shall be numbered by consecuweight and capacity " tivc uumbcrs plainly marked and placed and kept thereon 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 compHed with,

c^ilo be weighed coal SO mined and paid for by weight shall be weighed in the

fMe'sCTeento?'^^^^^" which it is removcd 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
West Virginia 513

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, before

it is screened, and the price paid for each bushel so ascertained shall

be such as may be agreed on as aforesaid.

In any county in which the mine inspector is required to act as l,^;;^^^ i^. herein mentioned, the coimty court of such county shall f'-^^ishipsctos—m^ty of oper- him with whatever is necessary to enable him to discharge his on hand sealed weights duties, if such court has procured the weights and measures ^nd "^^^^""^^^ balances provided for by Chapter fifty-nine 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 returned by him to the

person from whom he received them 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 poimds, and a sealed measture

of at least one bushel, to be used for the purposes of this act. Any corporation, company or person violating any of the pro- lenaltfes visions of this act, shall be guilty of a misdemeanor, and upon conviction thereof, shall for each offense, be fined not less than twentyfive dollars and not more than five hundred dollars. And the

officer, 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 comity jail not less than ten nor more than sixty

days.

This act shall not apply to any corporation, company or person 11?^^^ ^j^i^jj owning or operating a coal mine in which less than ten miners are 's appucabie employed.

Where the amount of wages paid to any of the persons employed weightag of certain in any manufacturing, mining, or otherwise pubUc enterprise p''"^'^^'^ employing labor, depend upon the amoimt produced by weight or measure, the persons 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.

8s78°-i2 33
514 Laws Concerning Weights and Measures

Law a*pp sH c a b 1 e TMs act shall apply to all weights, balances, steelyards, and weighin what case jng 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,

^^code, 1906, ch. 47, p. 28. The Council of such city, town or village, shall have plenary

lowers and duties of P°^^^ authority therein * * * to regulate and provide

counca for the weighing of hay, coal and other articles sold or for sale in

the city, town or village; * * *_
WISCONSIN

The weights and measures and the scales and beams, received ^^^^^^^^p- Z^^^^^- from the United States under a resolution of congress, approved ^sec^ie^s, as amended Jtme 14th, 1836, and such new weights and measures and scales se^^i^^ ^^'^^^^^^ 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.

1. The dairy and food commissioner shall be ex-officio state ^^^sec^^esg. as amended superintendent of weights and measures. The superintendent sec. i ^ ' ^ •L'j.j.j.i 1 £ j.t J. J. ••1 • State superintendent may appoint, subject to the rules of the state civil service com- of weights and meas- mission a chief inspector of weights and measures, who shall "^chiei inspector, sai- receive an annual compensation of sixteen hundred dollars, and^^^"'

necessary travehng expenses, and one stenographer for the office of weights and measures, with an annual salary of twelve hundred

dollars. The dairy and food commissioner may appoint not more

than five additional dairy and food inspectors, at a salary of not

to exceed twelve hundred dollars per year and necessary travehng

expenses.

2. He shall take charge of the standards adopted by section J^ut'es of chief in- 1658 as the standards of the state; cause them to be kept in a

fire-proof building belonging to the state, 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 certifi- cation. He shall keep a seal which shall be so formed as to impress the letters "Wis. " upon the weights and measures, scales,

and beams 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 possession, 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 ieep^enerai su er and measures and the weighing and measuring devices of the vision

^"^^

state, and in use in the state. He or his inspectors by his direc- Test standards, when tions shall, upon the written request of any citizen, firm, or cor515
5i6 Laws Concerning Weights and Measures

poration, 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.

und°er*comrof'of'sta'te 4" iuspcctors by his direction, shall at least once

board, when annually test all scales, weights, and measures used in checking

the receipt or disbiursement of suppUes in every institution under

To report findings the jurisdiction of the state board of control. And he shall report

in writing his findings to such board of control and to the execuspeciai deputies, ap- tive officcr of the institution concerned; and at the request of

pomted, when ' ^ 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 shall act as special deputies for

the purpose of checking the receipt and disbursement of suppHes.

stite standards*^"^

°' 5' shall kccp a complctc rccord of the standards, balances,

and other apparatus belonging to the state and take receipt for

^T^o^report to governor, same from his succcssor in office. He shall annually, during the

second week of January, make to the governor a report of the

To inspect city stand- 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.

Duties of 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

caue^l?r"^°''^ ^^^P^^^ work of the local sealers; and in the performance of

May make inspec- such duties, he or his inspectors by his direction may inspect the

tions in stores, etc. weights, mcasurcs, balances, or any weight or measuring appli- ance of any person, firm, or corporation and shall have the same

Superintendent shall powcrs as the local scalcr of wcights and measures. The superissue instructions intendent of weights and measures shall issue from time to time,

regulations for the guidance of all sealers, and the said regulations

shall govern the procedure to be followed by the aforesaid ofiicers

Shall prescribe toi- in the dischargc of their duties. In said regulations he shall pre-

^° scribe the amount of tolerance to be allowed.

Office and supplies, 7. Hc shall bc 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.

Sec. 1660, as amended The common council of each city appointing a sealer under

^cit?eTap'poi''nt in g section 1 66 1 shall procure at the expense of the city and shall

seaiM to keep stand- j^ggp timcs 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 meastires may direct; 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
Wisconsin 517

weights and measures, and shall then be deposited with and preserved by the city sealer as public standards. Whenever the ^j^^^^j'^'j.'^^g *" provide common 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.

1 . There shall be a city sealer of weights and measures in all cities by faws^^igi? TTee^'^ having a population of more than five thousand inhabitants accord- ^

aii cities of 5,000 to

• I13V6 863161 ing to the last official state or United States census, who shall be how appointed 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 salary 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 no fees to be charged or by the city for inspection or testing of weights, measures, or weighing or measuring devices.

2. Where not otherwise provided by law, the city sealer shall ^«'>esof within his city inspect, 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, articles for distribution,or consumption, offered or submitted by such person or persons

for sale, for hire, or award.

3. He shall, at least once in each year or as much oftener as he^pj";TM^'^^

may deem necessary, see that all weights, measures, and weighing

and measuring apparatus used in the city are correct. He may for Authority 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.

4. Whenever the city sealer finds a violation of the statutes seaier to cause prose- relating 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, he shall seal or mark the same with

appropriate devices to be approved by the state superintendent of ^To^^eaj we^^ts ana weights and measures. The sealer shall condemn and seize and to seize weights, 1, . . -ij 1 measures, etc., when 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-
5i8 Laws Concerning Weights and Measures

demned for repairs" in a manner prescribed by the state superintendent of weights and measures.

wMkdonl"

^^'^"^^ °* 5- The city sealer shall keep a complete record of the work done

to state'su'perf^t'endeSf shall make an annual report to the mayor, and an

annual report duly sworn to, not later than the first of December

to the state superintendent of weights and measures.

Sealer to give bond g ^^iQ city scalcr of wcights 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 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,

from'enforc^ing^or*^ 7' ^othiug Contained in sections 1658 to 1670a, inclusive, shall

dmances, when not in be coustrucd as prohibiting cities subject to the provision of this

section 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.

Sec. 1662. as enacted jn all territory within this state, except cities subject to the pro- by Laws, 1911, ch. 566, ., ^ . . ^ , ^^'^3 ^ , Visions of section 1661, the inspectors of weights and measures

EX"O^Bcio scalers

who shall be 'appointed imder subsection i of section 1659 such assistant

Powers and duties j- irj •• 111 ^ j. 1 • j 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.

ieaier's^ liability If any scalcr of wcights 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 dollars,

by Lkwf'^igii Th'^566 ^ • Thcrc is hereby conferred upon the state superintendent of

Police 'powers con- Y^reights and measmes, his inspectors, and all sealers of weights and ferred upon state su- <=> ' 11111 -111 1 perintendent, his in- measurcs, poficc powcr; they shall be provided by the supermspectors and all sealers ^ , . -i, 1 -ji -^iii 1 • • tendent of weights and measures with smtable 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 authorized to make arrests, with

or without formal warrant, of any person or persons violating the

provisions of any statute relating to weights and measures,

or^ hindering "wiightl ^- Whocvcr in any manner whatsoever impersonates or hinders

and^measures officials the statc Superintendent of weights and measures or any inspector

ena

y or sealer of wcights and measures, in the performance of their
Wisconsin 519

official duties shall be punished by a fine of not less than ten nor more than one hundred dollars.

1 . Whenever any of the articles or commodities mentioned in g/by tawsf^ig TM^h'

this section shall be sold by the bushel, or fractional part thereof, ^^gjjtg bushel and no special agreement as to weight thereof made shall be made p^^? 'lereof oi

• •1 1 riH-i .-11 -1 • commodities m writing, the measure thereof shall be ascertained by avoirdupois

weight, and shall be computed as follows

:

2. Sixty pounds for a bushel of wheat, peas, potatoes, clover

seed, or beans;

3. Fifty-seven pounds for a bushel of onions;

4. Fifty-six pounds for a bushel of Indian corn, rye, lima beans,

wrinkled peas, flax-seed, rutabagas, or tomatoes;

5. Fifty-four pounds for a bushel of sweet potatoes;

6. Fifty pounds for a bushel of corn meal, rape seed, millet seed,

beets, green cucumbers, apples, rye meal, carrots, buckwheat,

hickory nuts, or fine salt;

7. Forty-eight pounds for a bushel of barley or Hungarian grass

seed;

8. Fourteen pounds for a bushel of blue grass seed or red top

seed;

9. Forty-six pounds for a bushel of castor beans

;

10. Forty-five pounds for a bushel of timothy seed or rough rice; 11. Forty-four pounds for a bushel of hemp seed, parsnips, or sea island cotton seed;

1 2 . Forty-two pounds for a bushel of turnips

;

13. Thirty-five pounds for a bushel of cranberries

;

14. Thirty-four pounds for a bushel of barley malt

;

15. Thirty-three pounds for a bushel of dried peaches;

16. Thirty-two pounds for a bushel of oats;

17. Thirty pounds for a bushel of upland cotton seed;

18. Twenty-five pounds for a bushel of dried apples;

19. Twenty pounds for a bushel of bran or shorts;

20. Seventy pounds for a bushel of coarse salt or hme;

2 1 . Kighty pounds for a bushel of unslaked lime.

22. Eight pounds for a bushel of plastering hair;

23. And two thousand two hundred pounds for a cord of hemlock

bark;

24. For a fractional part of a bushel a Hke fractional part of the

above weights shall be required.

25. All dry commodities not otherwise specified in this act shall j^ow soidT^eif "

be bought or sold only by standard dry measures, standard weight, or numerical count except where parties otherwise agree in writing.

The bushel in struck measure shall contain two thousand one sec. 1666, as amend- hundred fifty and forty-two hundreths cubic inches. The half see'^^ bushel and the parts thereof shall correspond in capacity to that bushel and p a r t a of the bushel and shall be the standard measure for fruits, vege- '^how fiued
520 Laws Concerning Weights and Measures

tables, and other dry commodities customarily sold by heaped

measure ; and measuring such commodities, the half bushel or other

smaller measure shall be heaped as high as may be without special

effort or design.

bsfLawsf1%^ Xtel I- Bottles used for the sale of milk and cream shall be of the

'Viik bottles! capacity capacity of half gallon, three pints, one quart, one pint, half pint,

Tolerances

' S^l^) hUed full to the bottom of the lip. The following variaBotties to be marked, tions 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 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 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 fihng 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, the

designating numbers, and to whom furnished, shall be kept in the

office of the superintendent of weights and measures,

wuh sill and'^X?ktog^ 2. Any manufacturer who sells milk or cream bottles to be used

penalty for ' 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, 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 selling

milk or cream, jars or bottles piu-chased 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 false or

insufficient measure.

to^tesrbotHeVo?'^afs^ 3- Scalcrs of wcights and measures are not required to seal

when ' 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
Wisconsin 521

being complied with, and they shah report violations found immediately to the superintendent of weights and measures.

It shall be unlawful to sell or offer to sell in this state any coal, by^l'aws^'^'gr' Tie?

charcoal, or coke in any other manner than by weight. No person, onl^by weight firm, or corporation shall deHver any coal, charcoal, or coke with- Deiwery ticket out each such delivery being accompanied by a deUvering 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 dehvery 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 deUvered to said purchaser of said coal, or his agent or representative, at the time of the deUvery 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 purchaser at the time the sale is made.

When any commodity shall be sold by the hundred weight it seJ'Uj'

'^^^^ shall be understood to mean the net weight of one hundred pounds hundredweight and 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. When any commodity is sold by special agreements 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.

1. A barrel shall contain thirty-one and one-half gallons, and Sec. leeso.asamend- edby Laws, 1911, ch. the hogshead two barrels; ^^Bamifndho sh 2. A liquid gallon, two hundred thirty-one cubic inches; capacity of 3. A barrel of flour measured by weight shall contain one sarre" of flour hundred ninety-six pounds

;

4. A barrel of potatoes, one hundred and seventy-two pounds, —of potatoes

5. A barrel of unslaked lime, two hundred pounds. -of unsiaijed lime 6. The standard barrel for apples or pears or other fruit, unless -for fruit, etc. 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
522 Laws Concerning Weights and Measures

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.

—for cranberries y_ 'j^j^g Standard barrel for cranberries shall measure not less than twenty-five and one-quarter inches between the heads inside

;

the diameter of the head 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.

Crate for fruit ^ bushel cratc for apples, pears, plums, peaches, and other

fruits not secondarily contained in quart or other boxes within

such crate, shall have an interior capacity of one bushel heap

measure.

berrles^OT^wueberries 9" ^ bushcl cratc of Cranberries or blueberries shall have an

interior capacity of one bushel struck measure.

tittes"t^i" a ^bSshS^ sales of blackberries, blueberries, cranberries, currants,

^owsoid 'gooseberries, raspberries, cherries, strawberries, and similar berries

in packages of less than one bushel shall be 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 the interior capacity of not less

Penalty for violation than ouc quart, pint, or half pint dry measure. Any person

violating the provisions of this paragraph shall be punished by a

fine of not less than five nor more than fifty dollars and by confiscation of the illegal boxes or packages and of the fruit therein

contained.

batr^eu^ how mMked*^ ^^^^Y manufacturer of apple barrels or cranberry barrels

shall stamp or brand his name with the letters " W. S." on the outside in plain and conspicuous letters, at least two inches in height,

to indicate that such barrel is of the Wisconsin standard size of

barrel.

ity'^peniuyforuse^"^'^' '^''^7 pcfson Selling applcs, pcars, cranberries, or other fruit

in barrels of less capacity than is herein provided for shall be liable

to the purchaser in damages for three times the amount of the

shortage therein; and any person who shall stamp or brand any

such barrel of less capacity than is herein prescribed, with the

letters "W- S." shall forfeit not less than five, nor more than

twenty-five dollars for each offense.

strued"^*^'^' ^3- coutracts for the sale of apples, pears, cranberries, or other fruits by the barrel or crate, unless it is otherwise expressly

stipulated shall be construed to mean barrels or crates of the

capacity herein prescribed.

Unlawful to use pack- ja It shall be and is hereby declared unlawful for any person or

ages of other sizes ^ . -' • , ,i , , / H n- persons to brmg, transport, or convey into the state, or to sell, oner

to sell, or otherwise dispose of for profit, any apples, pears, plums,
Wisconsin 523

blackberries, blueberries, cherries, cranberries, gooseberries, raspberries, strawberries, or other fruits, except the first sale within

the state in the original packages, unless the crates, boxes, barrels, or packages wherein the same are contained shall be of the full interior capacity required for sale in the state to comply with all the provisions of this section as fully and completely as if the said

packages had been packed, and the said fruit grown in Wisconsin.

Any person violating the provision of this paragraph shall be

ptmished by a fine of not less than twenty-five nor more than fifty Penalty for vioution dollars and by confiscation of the illegal crates, boxes, barrels, or packages and of the fruit therein contained.

The standard size of boxes used for picking hops shall be not secHee,' exceeding three feet long, one and one-half feet wide and two feet

deep, inside measure. No person shall sell, buy or receive in store any grain at any 1670*^^^ weight or measure per bushel other than the standard weight or standard for grain measure per bushel fixed by law; and for any violation hereof the

offender shall forfeit not less than five nor more than fifty dollars.

No person shall determine the grade of any grain which is 1670^''^^ bought or received in store at any mill, elevator, warehouse or^^^ain tester, how 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 person 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.

Except as otherwise provided by law there is hereby appropri-by^Laws!°i9i^.'ch^''s66

ated out of any money in the state treasury not otherwise appro- ^^Appropriation priated a sum sufficient to carry out the provisions of sections

1658 to 1670a, inclusive, such expenditure to be audited under

proper vouchers duly certified by the superintendent of weights

and measures; but the salaries and expenses of city sealers shall

be paid from the city treasuries, respectively.

Until the first day of January, nineteen hundred and twelve,

^-^^^l- '9"' see- nothing contained in this act shall prevent the use, sale, or disposal Act effective.when of crates, boxes, barrels, cream jars and bottles, or packages heretofore laTv^ull}'' purchased or acquired but not conforming to the

standards fixed by section 1668 of the statutes as herein amended.

Nothing contained in section three of this act shall interfere Icj-^ot to interfere with present incumbents of any ofiice in a department of bureau of

^^^^^ ^officl of'cmes weights and measures heretofore created and presently existing of first class in an3^ city of the first class.
524 Laws Concerning Weights and Measures

f^c^'i^iT^ amend- person, who, by himself or by his servant or agent or as the

566 'leeY"^^' '''^servant or agent of another, shall use or retain in his possession

Unlawful to use or re- any false Weight or measure or any weight or measure or weighing tam any ialse or un- ^ . °. . ^ 1 . , , ° . . 00 sealed weight, meas- or measuring device to be used m the buymg or sellmg of any comure,ec. modity or thing which has not been sealed by a sealer of weights

and measures within one year; 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 or keep for the purpose of sale, less than the quantity he represents; or who by himself, or by his

servant or agent or as the servant or agent of another, shall use any false weight or measure in buying or selling any commodity

or thing, or shall sell or offer or expose for sale or keep for the purpose of sale any 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 to sell or have in his possession

for the purpose of selling, any device or machine to be used or

calculated to falsify any weight or measure, shall be punished by

imprisonment in the coimty jail not more than three months or a

Penalty for violation fine of uot more than two hundred dollars, upon a first conviction

;

but, upon a second or subsequent conviction, he shall be punished

by imprisonment in the county jail not more than one year, or by

a fine of not more than five htmdred dollars, or both in the disDefrauding buyer or cfction of the couit ; or any pcrsou who wilfully with intent to

seller of electric current, cheat or dcfraud the buycr or seller of electric current, gas, water,

gas, wa er or s eam stcam 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 wilfully 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 wilfully

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

Penalty for elcctric currcut, 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 htmdred dollars, and

in computing the amount of damages occasioned, the value of such
Wisconsin 525

electric ctirrent, water, gas, or steam shall be the regular current

price therefor, charged to the consumer by the seller thereof. But

nothing contained in sections 1658 to 1670, inclusive, shall prohibit ^e^^w or m"easl?e!lfc!! the use by any person, or by his servant or agent, in good faith, conditions of any unsealed weight or measure or weighing or measuring device

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 provision of section 1 66 1

, 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 measuring

device, giving the number thereof and a general description of the

same, and the place where the same may be foimd for the purpose

of inspection, and shall have received a written acknowledgement

of said notice, signed by such city sealer or superintendent of

weights and measures. Any person, firm or corporation by himself, officer, servant orp^^^^-

agent, or as the officer, servant or agent of any other person, firm sec. 4601a or corporation, who 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 offer for sale or exchange any

article of food within the meaning of section 4600, statutes of 1898, . Foods: false brand- which is misbranded within the meaning of this section shall be county or contents; 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 himdred dollars, or by imprisonment in the coimty jail

not less than ten days nor more than sixty days. The term " misbranded," as used herein shall apply 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 ; or 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 to any food product which is falsely branded as to the state, territory or country in which it is manufactured or produced- * * * In the use of the Babcock test, the standard milk measures or^^^^^^' 1903. ch. 43. p pipettes shall have a capacity of 17.6 cubic centimeters, and the

lay^^j^test

standard test tubes or bottles for milk shall have a capacity of 2 stamped measures cubic centimeters for each ten per. cent, mark on the necks thereof ; °^ cream shall be tested by weight and the standard unit for testing
526 Laws Concerning Weights and Measures

shall be 1 8 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 offered to creameries or cheese factories and where

the value of said milk or cream is determined by the per cent, of

butter fat contained in the same, or wherever the value of milk or cream is determined by the per cent, of butter fat contained in the

same by the Babcock test,

iaie by false measure ^"^7 manufacturer, merchant, dealer or agent in this state who

a misdemeanor shall offcr 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, and upon conviction thereof

shall be punished as provided in section four of this act. L^wsig^rS^p^sec^ ^^^^^ bc uulawful for the owner, manager, agent or any

employee of a cheese factory, creamery, or condensed milk factory

reJduSa^f'*'""^^'"^^ falscly manipulate or under-read or over-read the Babcock test or any other contrivance used for determining the quality or value

of milk or cream or to make any false determination of said Babcock test or otherwise.

Laws,''i905^.di^°9rsec'!^ Whocvcr shall violate any of the provisions of this act shall be

Penalty ' guilty of a misdcmcanor and upon conviction thereof shall be

punished by fine of not less than twenty-five dollars not more than

one himdred dollars for each and every offense, or be imprisoned in

the county jail not less than thirty days nor more than sixty days.

Stets., 1898. ch. 84, E)ach lumber inspector shall, in person or by deputy, at the

Sec. 1735 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

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

Effect of scale bills occurrcd upou 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 scalement or measurement in all courts, except in favor of the inspector

or deputy inspector who made the same.

^^'^''^ Each lumber inspector and his deputies shall, in surveying or

mfnt'ofiumbeT^^^"'^' 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 and not exceeding thirty-six

feet, shall be scaled or measured as two logs, allowing such rise
Wisconsin 527

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. 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. The standard rule for scaling or measuring logs in the said dis- gee. ni'^ffs amend- tricts shall be in accordance with the following table, showing the""^^ I'^ws 1901, ch. length of the log in feet, the diameter in inches, and the number of standard scale for feet of lumber, board measure, contained in each log, to wit:

Length of log in feet.

Diameter of log at small end in inches.

6 7 8 9 10 11 12 13 1 14 15 16

Scale in feet.

1214

16

1820

22

24

10

1020

2020

30

30

20

20

30

30

30

40

40

20

2030

30

30

40

40

30

30

4040

40

50

60

30

40

60

60

70

8090

40

50

70

8080

90

100

60

708090

100

110 120

70

80

100

110

120 130

150

90

100

110

130

140

160 170

110

120 140

160

180 200

210

120

140

160

180

200

220 240

Length of log in feet.

Diameter of log at small end in inches.

17 18 19 20 21 22 23 24 25 26 27

Scale in feet.

12

14

16

1820

2224

140

160

180 210 230

250

280

160

190 210

240 270

290

320

180 210

240 270

300

330 360

210 240

280

310 350

380

420

230

270 300

340

380

420

460

250

290 330

380

420

460 500

280

330

380

420 470

520

570

300

350

400

450

500

550 610

340

400

460

520

570 630

690

370

440

500

560 620

690

750

410

480

550

620

680

750 820

Length of log in feet.

Diameter of log at small end in inches.

28 29 30 31 32 33 34 35 36 37 38

Scale in feet.

1214

16

1820

2224

440

510

580 650

730 800

870

460

530

610

680

760

840 910

490

570

660

740

820 900

990

530 620

710 800

890

980

1,060

550

640

740

830 920

1,010

1,100

590 690

780

880 980

1,080

1,180

600

700 800

900

1,000

1,100 1,200

660

770 880 980

1,090

1,200

1,310

690

810 920

1,040

1,150

1,270 1,380

770 900

1,030 1,160

1,290

1,440

1,540

800

930

1,070

1,200

1,330

1,470

1,600
528 Laws Concerning Weights and Measures

Length of log in feet.

Diametei of log at small end in inches.

39 40 41 42 43 44 45 46 47 48

Scale in feet.

12

14

16

1820

2224

840

980

1,120

1,260 1,400

1,540

1,680

900

1,050

1,200

1,350 1,500

1,660

1,800

950

1,110

1,270

1,430

1,590

1,750 1,900

1,010

1,170

1,340

1,510 1,680

1,850 2,020

1,050

1,220

1,400

1,570

1,740

1,920 2,100

1,110 1,290

1,480

1,660

1,850 2,040

2,220

1,140

1,330

1,520

1,710

1,900 2,090

2,280

1,190

1,390

1,590

1,780

1,980 2,180

2,380

1,240

1,450

1,660

1,860 2,070

2,280 2,480

1,300

1,510

1,730

1,940 2,160

2,360 2,600

Other rules may be used at the request of the owner of logs;

but in all such cases the bill of the inspector shall state by what

rule the logs were scaled or measured.
WYOMING

The weights, measures and balances as adopted by the United m^"i|^'^j^comp.

States government, and as at present in use by said government, =09, p." soi^^^^^ or as may be changed and altered at any time hereafter by said sec. 3139 government, are hereby adopted and established as the legal "

public standard weights, measures and balances of this state, and

when received from the United States government shall be turned

over to the state librarian who shall be authorized to act as superintendent of weights, measures and balances of this state, and

who shall receive out of the state treasury, out of any of the

moneys not otherwise appropriated, an annual compensation of ^^^ompensation tor one hundred dollars per annum as payment for said services, and

the state auditor is hereby directed to pay the freight on said

standard balances, weights and measiu-es from Washington,

D. C, to Cheyenne, Wyoming, out of any moneys in the treastuy

not otherwise appropriated.

The state librarian shall be authorized, and is hereby directed l^"^- 3,140

' rv-. 1 r Purchase of stand- to contract for and have manufactured a sufficient number of ards for each county sets of balances, weights and measures (the measures to be out of

tin, cast iron, brass or compositions) as will be necessary to

supply each county within the state, the said balances, weights

and measures to be delivered by the contractor at the office of the

state librarian as they may be required by said state librarian,

and they shall be paid for on the order of said state librarian out

of any money in the treasury not otherwise appropriated.

Upon the application of the county commissioners of any

l^^-^j'j^^ ^ county, the state librarian shall furnish said cotmty with such county standards balances, weights and measures as said commissioner shall designate as required, but before receiving the same, the said county

shall pay into the public treasury the amount paid by the state

for the same: Provided, that nothing herein contained shall be

so construed as to authorize the state librarian to have manufactured at public expense a larger number of sets of balances, weights

and measures than may be necessary to fill the call of the coimty

commissioners upon him as above mentioned.

The county commissioners of every county shall constantly

1^^^,?^^^ standards keep for the use and at the cost of such county, the following to be kept by counties weights, measures and balances, conformable to said standards

8578°—12 34 529
530 Laws Concerning Weights and Measures

and seals, and sealed by said state librarian, that is to say of dry

measure, one half bushel, one peck, and one half peck; of wine

measure, one gallon, one quart, one pint, and one gill; one set of

brass weights up to four poimds, computed at sixteen ounces to

the poimd, with suitable scales and steel beam; one set of iron

weights from one poimd to fifty pounds; also, of long measure, one yard and a set of troy weights from the lowest denomination

to eight ounces. Each of said measures, weights and balances

shall be verified by the superintendent and sealed by him in a

durable manner, according to its true weight, capacity or length.

Asseisoi to be custo- Weights, balauccs and measures provided for each coimty

we^hts"**

^^^'^^ °* shall be in the keeping of the county assessor, and shall be kept in

such place as the county commissioners may determine, and said

county assessor shall be sealer of weights and measures for the

county in which he is assessor.

Sec '^'f''' '^^^^ Once in each year from the time at which they are first sealed,

be^a°nnuaiiy tested*^ '"the Said scalcr of Weights and meastues shall cause them to be

^ tried and proved by the said public standards, under the direction of the state librarian, and sealed by him anew, and if any

sealer of weights and measures shall fail so to do, he shall be deemed

guilty of a misdemeanor, and upon conviction thereof, fined in a sum hot exceeding fifty dollars.

Sec. 3ilf Every sealer of weights and measures shall, at least once in every

wei^gtein*thecoun\y ^y^^'"' ^dvcrtisc in somc Convenient newspaper, or put up notifications in different parts of the county, of the times and places when

and where he will attend for the purpose of trying and proving such

balances and weights and measures as may be brought to him for

that purpose. Those which may be found or can be made to agree

with the standards shall be sealed by him accordingly, and he shall

deface or destroy all such as do not and cannot be made to agree

therewith.

se-^lUt

'^^^^ The said sealer of balances and weights and measures for each

wei^triithrcoSnty'''^°^^^y shall, oucc in cach year, go to the houses, stores or shops of

every person within the county (in which he is elected assessor)

who uses balances, steel-yards, platform scales or balances, weights

or measures, for the purpose of buying and selling, and has failed

for one year to bring or send them in at the times or places mentioned, notified and advertised by him, and also to all hay scales

and platform balances kept for public use, and there try and prove

such scales, balances steel-yards, weights and measures, and seal, or deface and destroy them as may be proper. In the cases mentioned in this section the sealer of weights and measures shall have

double the amoimt of his regular fees.

Sec '^^^ seals and other things necessary to enable them to perform

Expenses of obtaining their duty shall bc procured by the state librarian and sealers. The

seals, by whom paid ^^^^ ^^^^^ procured by thc state librarian shall be paid on
Wyoming 531

the order of the State Hbrarian out of any state funds not otherwise

appropriated, and the cost of such as are procured by a sealer of

weights and measures shall be a charge on and paid by the county

in which he was elected assessor. Each sealer of weights and measures is allowed to receive for his fees ofbounty sealers services fees as follows: For sealing and marking every beam,

twenty-five cents ; for sealing and marking measures of extension,

at the rate of ten cents per yard, not to exceed twenty-five cents on any one measure ; for sealing and marking every weight, five cents

;

for sealing and marking liquid and dry measures, if the same be one

gallon or more, twenty-five cents, and if less than one gallon, ten

cents; and he may charge a reasonable compensation for time

actually and necessarily employed in fixing, altering or repairing

defective balances, weights or measures, so as to make them con- form to the standard, such compensation in no case to exceed the

rate of fifty cents per hour for time actually employed, and he shall

make no charge when the time employed is less than fifteen minutes. Such fees received as above provided shall be in full for all compensation as sealer of weights and measures, and no charge

shall be made against any county in the state for such services.

Any person may call at any time upon the sealer of weights and s^ea'i'*e r to prove measures, in his county to try and prove the weights and measures weights on request of such person, he paying therefor the regular fees, or double fees,

if the service be rendered at his own house, store or shop: Pro- ^^p*"^^^ vided, That if any person shall call upon the sealer of weights and

measures to go to his house, store or shop to perform any duties

imder this chapter, he shall pay in addition to the fees above provided, the reasonable expenses of such sealer of weights and measures where the distance necessarily traveled shall be over three

miles.

If any board of county commissioners shall refuse to provide c^omm°iss loners and keep the weights, measures and balances prescribed by law, ^^^^^s^^'OpP^^g^j^'^^ every member of such board of county commissioners so refusing

shall be deemed guilty of a misdemeanor, and upon conviction

thereof shall be fined in a sum of not less than five dollars nor more than fifty dollars.

If the state librarian or any sealer of weights and measures of Negilct'oi duty by any county, shall wilfully or negligently fail to perform any duty officers; penalty imposed on him by the provisions of this chapter, he shall be

deemed guilty of a misdemeanor, and upon conviction thereof

shall be fined not less than five dollars nor more than fifty dollars

for each offence.

If any person shall sell or offer to sell, any commodity by, or l^eMitftor using in- keep for buying or selling by, any scales, balances, steelyards, co^^ct weights weights, or measures not sealed according to law, he shall be
532 Laws Concerning Weights and Measures

deemed guilty of a misdemeanor, and upon conviction thereof

fined for each offense in a sum not less than five nor more than

fifty dollars: Provided, That if upon such scales, balances, steel- yards, weights or measures being examined and proved by the

sealer of weights and measures, they shall prove to be correct, he

shall not be liable for the above fine.

sec.^lfsf

'^^^^ Once in every year every bank or banking house either public or

w^ghts\eTMed^'

^^"^ private, shall have the weights used in such bank or banking house

tried, proved and sealed, either by the state librarian or by the

sealer of weights and measures in the county in which such bank

or banking house is situated.

Ilnauyfor failure by officcrs of any bank, or owner of any banking house shall

bank fail to comply with the provisions of the foregoing section, they

shall be deemed guilty of a misdemeanor, and upon conviction

thereof fined in a sum not less than five dollars nor more than

Proviso fifty dollars for each offense: Provided, That none of the provisions of this chapter shall be so construed as to prohibit the use of

spring or platform scales generally used by butchers or other per- sons : Provided further, That when such spring or platform scales are used by any person or persons they shall be tested at least once in each year, and sealed, as in case of other scales or balances.

Sec. 3isf'*''^ shall be the duty of said county commissioners to see that

puwi? s?aks'^^

"* ^^"^ every city and town in their county containing two thousand or more inhabitants is provided with public scales for weighing of

coal, hay and other merchandise, sold by weight, and that every

city and town council in their respective counties shall appoint a

city or town weighmaster, whose services shall be paid for by the

city or town appointing said weighmaster.

Sec 3is6 . . . It shall be the duty of the sealer of weights and measures to test

Certain weights to be J . f

annually tested all wcights and mcasurcs that are m use for the sale of liquids or

solids in his county, at least once in every twelve months, and he

shall bring action against any company or person who may defraud or cheat or attempt to defraud or cheat any person or per- sons by the use of short weights or measures.

^ , , It shall be the duty of all city or town weighmasters to furnish

City weighmasters to rn i i- -iii i give weight certificates a Certificate of all merchandise weighed by them to teamsters or other persons who may deliver coal, hay or other merchandise sold

by weight, so that said certificate shall be given to the purchaser,

vioiattag this chapter; Any pcrsou violating the provisions of this chapter shall, upon

conviction, be fined in a sum of not more than five hundred dollars, or imprisoned in the county jail not more than six months.

Sec. 6010*^*^ If any person shall knowingly have, keep, or use any false or

Using false weights fraudulent scales or weights for weighing gold or gold dust, or any

other article or commodity, every person so offending shall be
Wyoming 533

fined not more than five hundred dollars, or imprisoned in the

county jail not more than six months.

If any person shall knowingly sell by false weights or measures, (iSqs) or shall knowingly use false weights or measures at any threshing seiun g by false machine, or at any mill, in taking toll for grinding or threshing ^^'^^'^ corn, wheat, 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.

* * * That for the purposes of this act an article shall also sess. Laws, 1911, ch be deemed to be misbranded: "s'e^.'g'" In case of food:

* * * Third. If in package form, the net 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 that

tolerances shall be established by rules and regulations made in

accordance with the provisions of this act. From and after the passage of this law, unless otherwise agreed ^^j^^^^^- to between the contracting parties, the following shall constitute sec.^i

j^jg^^^j^gj^jg^, the legal measurement for hay in stack in the state of Wyoming : of hay in stacks 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 stack thirty (30) days and up to one (i) 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 (i) year.

Making measurements of hay in stack, the following is hereby

made the legal method of measurements 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 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 multipUed 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.
534 Laws Concerning Weights and Measures

Stets" Ann.',%^o°"252 ^ cubic foot of watcr per second of time shall be the legal standg^^' (^ffo-f^) ard for the measurement of water in this state, both for the purLegai' standard of pose of detcrmininef the flow of water in natural streams, and for

water measurement <• t , •< ,• . . i i- the purpose of distributing water therefrom,

se^ I shall be unlawful for any mine owner, lessee, operator, agent

weightagofVoai'^^

"^^ compauy 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.

st^ts"/ Ann., %9^oTMp; ^ cubic foot of watcr per second of time shall be the legal

(^iSgo-Qi) standard for the measurement of water in this state, both for the

flgars'tandard of P^'^P^^^ °^ determining the flow of water in natural streams, and

water measurement for the purpose of distributing water therefrom,

sec^^i'

""^ It shall be unlawful for any mine owner, lessee, operator, agent

wSghtag of^coaf ^ 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,

leading stufis ex- The term "concentrated commercial feeding stuffs," as here

emptej uscd shall uot iucludc hays, straw, whole seeds nor the unmixed

meals made directly from seed of wheat, rye, speltz, barley, oats,

Indian corn, buckwheat or broom corn, and neither shall it include wheat, rye, buckwheat, brans or middlings not mixed

with other substances, but sold separately as distinct article of

commerce, nor pure grains ground together.

Icaies owner, lessee, operator, agent or company operating any

coal mine in this state, at which the 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 every 'mine where the coal mined is paid for by weight it shall be the duty of the weighman and the check weighman to
Wyoming 535

examine and balance the scales each morning, and in no case shall

any coal be weighed until such scales are tested by the UnitedStates standard weights and found to be correct: Provided, That

if the weighman and check weighman shall disagree, work may

continue until the inspector of mines can be present, and any

erroneous weights made during such time shall be rectified. When

differences 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 inspector of mines, whose duty it shall be to see and regulate the same at once. The inspector of

mines and 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.

Any person or persons having or using any scale or scales for the IrauLient weighpurpose of weighing the output of coal at mines so arranged or'°s-P«°3"y

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 one hundred dollars nor more than three

himdred dollars, or by imprisonment in the county jail for a period

not to exceed sixty days, or by both such fine and imprisonment.

The provisions of this act shall also apply to the class of workers Loaders included 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 settlement of

which is by weight, the output shall be weighed in accordance

with the provisions of this act. Any and all acts or parts of acts inconsistent with any of the 1^^"=^^^, provisions of this act, are hereby repealed in so far as the same

conflict with any of the provisions of this act.

APPENDIX

LEGAL WEIGHTS PER BUSHEL OF COMMODITIES

[REPRINTED (WITH SLIGHT REVISION) FROM CIRCULAR NO. 10 OF THE BUREAU OF

STANDARDS]

537

COMMODITIES FOR WHICH BUSHEL WEIGHTS HAVE BEEN ADOPTED IN BUT A FEW

STATES

Alsike (or Swedish) seed, 60 pounds (Maryland and Oklahoma)

,

Beggarweed seed, 62 pounds (Florida)

.

Bermuda grass seed, 40 poimds (Oklahoma)

.

Blackberries, 30 pounds (Iowa) ; 48 pounds (Tennessee) ; dried, 28 pounds

(Tennessee)

.

Blueberries, 42 pounds (Minnesota).

Bromus inermus, 14 pounds (North Dakota).

Burr clover, in hulls, 8 pounds (North Carolina).

Cabbage, 50 pounds (Tennessee)

.

Canary seed, 60 pounds (Tennessee) ; 50 pounds (Iowa).

Cantaloupe melon, 50 poimds (Tennessee)

.

Caster seed, 50 pounds (Maryland).

Cement, 80 pounds (Tennessee).

Cherries, 40 pounds (Iowa) ; with stems, 56 pounds (Tennessee) ; without stems,

64 pounds (Tennessee)

.

Chufa, 54 pounds (Florida)

.

Cotton seed, staple, 42 pounds (South Carolina).

Culm, 80 pounds (Maryland ; United States)

,

Currants, 40 pounds (Iowa and Minnesota)

.

Peed, 50 pounds (Massachusetts)

.

Fescue, seed of all the, except the tall and meadow fescue, 14 pounds (North

Carolina)

.

Pescue, tall and meadow fescue grass seed, 24 pounds (North Carolina)

.

Grapes, 40 pounds (Iowa) ; with stems, 48 pounds (Tennessee) ; without stems, 60

pounds (Tennessee).

Ouavas, 54 pounds (Florida).

Hominy, 60 pounds (Ohio) ; 62 pounds (Tennessee).

Horseradish, 50 pounds (Tennessee)

.

Italian rye grass seed, 20 pounds (Tennessee)

.

Japan clover in hulls, 25 pounds (North Carolina).

Johnson grass, 28 pounds (Arkansas) ; 25 pounds (North Carolina).

Kale, 30 pounds (Tennessee)

.

539
54° Laws Concerning Weights and Measures.

Land plaster, loo pounds (Tennessee)

Lentils, 60 pounds (North Carolina).

Lucerne, 60 pounds (North Carolina)

.

Lupines, 60 pounds (North Carolina).

Meadow seed, tall, 14 pounds (North Carolina).

Meal (?), 46 pounds (Alabama) ; unbolted, 48 poimds (Alabama).

Middlings, fine, 40 poimds (Indiana) ; coarse middlings, 30 pounds (Indiana).

Millet, Japanese barnyard, 35 poimds (Massachusetts and New Hampshire).

Mustard, 30 pounds (Tennessee)

.

Mustard seed, 58 pounds (North Carolina).

Oat grass seed, 14 pounds (North Carolina).

Plums, 40 pounds (Florida) ; 64 pounds (Tennessee) ; dried, 28 pounds (Michigan).

Prunes, dried, 28 pounds (Idaho) ; green, 45 pounds (Idaho).

Radish seed, 50 pounds (Iowa).

Raspberries, 32 pounds (Iowa and Kansas) ; 48 pounds (Tennessee),

Rhubarb, 50 pounds (Tennsesee).

Sage, 4 pounds (Tennessee).

Salads, 30 pounds (Tennessee).

Sand, 130 pounds (Iowa).

Seed of brome grasses, 14 pounds (North Carolina).

Shale, 80 pounds (Uuited States).

Spinach, 30 pounds (Tennessee).

Strawberries, 32 pounds (Iowa); 48 pounds (Tennessee).

Sugar-cane seed (amber), 57 pounds (New Jersey).

Sunflower seed, 24 pounds (North Carolina).

Swedish (or Alsike) seed, 60 pounds (Maryland and Oklahoma).

Teosinte, 59 pounds (North Carolina).

Velvet grass seed, 7 pounds (Tennessee).

Vetches, 60 poimds (North CaroUna)

.

In the following pages is given an alphabetical list of commodities for

which legal weights (in pounds) per bushel have been more generally adopted by

States. Special explanations or conditions affecting the definition are printed

in footnotes to these tables.
Appendix 54

COMMODITIES FOR WHICH BUSHEL WEIGHTS HAVE BEEN MORE WIDELY

ADOPTED

Alfalfa

seed

Apples

Apple

seeds.

Barley

Beans

Beets

Blue-grass

seed

a

Ui W

Broom-corn

seed

Buckwheat

Carrots

Charcoal

Chestnuts

Clover

seed

Coal

Apples

Dried

apples

Beans

>

Castor

beans

(shelled)

"3u 1

Anthracite

1

coal Bituminous coal

Cannel

coal

Mineral

coal

1

Stone

coal

v.s 48

47

45

4850

48

48

6060 255

2 60

50 48 80 Ala 24 Ark 3 50 24 14 20 48 52

40

52

48

60 Cal

Colo 60

60

14 60

60

80 80 Conn. 48 25 * 60 20 50 20

20 80

i Pla, 3 48 24

24

48

47

48

5 60 «60

48 20 Ga 14 '20 52 60 80 Hawaii

lU 24

25

24

24

24

48

48

4848

47

32

48

48

484848

48

48

48

48

48

48

48

«60

60

8 60

60

6 60

46

46

46

46

1 45

14

14

14

® 14

14

20 52

50

52

50

56

60

60

60

60

60

80

80

80

76

Ind 80 Iowa . .

.

Kans. .

.

Ky

60

60

48

3 48

5656

20

2020

50 50

50

20

76 76 76 76 76 XaMe 44 60

60

11 60

60

60

6 60

12 50

60

6 60

60

60

60 48 50

50

50 Md .... Mass

60 28

25

22

28

26

24

i« 50 14 20

20

20 6060

60

6060

60

6060

6060

64

80

48

48

3 50

60 48

4850

48

52

5252

50

48

50

Mich .

.

46 14

14

14

14

14

14

9

80 Minn 50

"20

20

20

2020

20

57 45 20 80 Miss 12 46

46

80

"so Mo 48

45

3 48

3 48

48

50

50

50

80 Mont. 76

.

50 Nebr. .

.

Nev

N. H

60

60

2424

25

25

46

46 5660

60

50

50 N.J 50 N.Mez

N. Y 48

3 4850

50

48

45

25

'46' 48

4848

48

48

4647

48

60

13 60

60

60

60

20

'20' 46' 30

48

50

42

50

52

4248

48

50 60

60

60

60

60

60

60

60

N. C... N. Dak60 146 14 " 50

60

56

60

80 Ohio 24

24

28

5050

80 70 Okla ... Oreg . .

.

60 46 14 20 30 80 80 Pa

50

15 16 18

20

17 75

80

76 R. I 48 25 4n 60 46 50 20 S. C

S. Dak 48

48

48

60

12 18 60

6 60

60

50

2020

20

3042

4250

42

60

19 60

60

80

80

80

Term 3 50

45

24

28

40 46 14 50 22

22

50 Tex

Utah

Vt 4645

3 45

48

48

48

62

6 60

60 48

52

42

5250

50 60

60

60

60

60

Va 28

28

14 57 80 "Wash W.Va 25 48

25 ....1 48 6060 80 Wis 50 50 20 50 Wyo.

.

....|....|....

i 1 !

' Not defined.

2 Small white beans. 60 pounds.

3 Green apples.

* Sugar beets and mangel-wurzel.

'Shelled beans, 60 pounds; velvet beans, 78 poimds.

* White beans.

' Wheat bran.

* Green unshelled beans, 56 pounds.

'English blue-grass seed, 22 pounds; native blue-grass

seed, 14 pounds

1" Also castor seed.

'1 Soy beans, 58 pounds.

'2 Green unshelled beans, 30 pounds.

13 Soy beans. " Free from hulls.

15 Comercially dry, for all hard woods.

1' Fifteen pounds commercially dry, for all soft woods.

1' Standard weight in borough of Greensburg.

18 Dried beans. " Red and white.

2" Idaho law repealed in 1905.
542 Laws Concerning Weights and Measures

Commodities for which Bushel Weights Have Been More Widely Adopted—Continued

Coke

Com 16 Com meal Cotton seed

Cranberries Cucumbers

Flaxseed

(linseed)

Gooseberries

(Plastering)

hair

Hemp

seed

Herds

grass

Hickory

nuts

Hungarian

grass

seed

Indian

corn

or

maize

Corni Corn

in

ear,

husked

Corn

In

ear,

unhusked

Shelled

com

Corn

meal

Corn

meal,

bolted 1

C

rn

m

e^l,"

unbolted

Cotton

seed

I

Sea

island

cotton

seed

Upland

cotton

seed

TJ. S 56 56 Ala 70 75 56 32 Ariz 54 Ark 70 74 56 48 33J 56 Cal 5256

5656

Colo 70 50

50

44

44 30 55 45 Del 44 48 D. C

Fla 70 56

56

48

48

32

30

46 Ga 70 56 8 44 55 Idaho "

ni 70

2

< 70

= 70

56

56

56

56

56

48

50

50

56 8 44

44

44

44

44

Ind 33 Iowa 38 3 50 75 48 56

5656

40 50 5050

50 Kans 68 Ky 7 70 8 56

56

50 LaMe 8 50

48

50

50

11

44

45

45

45 Md * 70 56

9 50

56

5656

56

56

56

56

56

55

56

50 Mass 44 30 32

40

36

loss Mich .. < 70

7072

44

5044

4444

44

48

50

48

50

4850

5050

Minn 40 68 Miss 48

50

50

50

48

50

44 48 32

33

56

56

56

5656

56

55

Mo 70 48 Mont 70 Nebr 70 8 Nev 5 70 N.H. 9 50 32 45 55 N. J . 56 N. Mex

N. Y 50

48

44

44 30 55

55

56

56

56

45 55 N. C 70 56

70

68

70

30 44 11 50 N.Dak 56

5656 Ohio 40 44

44

50 Okla 72 50 32 48 55 Pa 40 55

40

58 R.I 70 56 50

12 48

44 30 56 44 50

S. C 48 48 13 30 S.Dak 70

70

70

56

56

56

56

56

56

Tenn 40 u 74

72

50 48 28

32

48 48 8 44

44

50 48 Tex 48 Utah

Vt 45

12 55 Va 70 56 50 32 56

5656

56

8 44 48 Wash 55 W.Va 56 Wis 50 44 30 15 50 8 44 48 55 Wyo

i

1 Not defined.

2 Com in ear, 70 pounds until Dec. i next after grown;

68 pounds thereafter.

3 Sweet com.

' In the cob.

5 Indian com in ear.

6 Unwashed plastering hair, 8 pounds; washed plaster- ing hair, 4 pounds.

' Com in ear, from Nov. i to Jlay i following, 70 poimds;

68 pounds from May i to Nov. i. ' Indian-corn meal.

9 Cracked corn.

10 Shelled.

11 Free from hulls.

12 Standard weight bushel corn meal, bolted or unbolted,

48 poimds.

13 Except the seed of long staple cotton, of which the weight

shall be 42 pounds.

1* Green imshelled com. 100 pounds.

16 Green.

16 See also "Popcorn," "Indian com," and " Kaffir com."

1' See note ^ on p. 7.
Appendix 543

Commodities for which Busheiv Weights Have Been More Widely Adopted—Continued

I

KaflSr

corn

Lime

Malt

Millet Oats

Onions

Orchard

grass

seed

Osage

orange

seed

Parsnips

Peaches

Peanuts

(or

"Ground

peas*")

t/i

Pease

a

u

Q, 1

Unslacked

1

lime

Onions

Onion

sets

Peaches

i

Dried

peaches,

peeled

Dried

peaches,

unpeeled

Green

pease,

unshelled

tnw

<a

u. s 26 34 32

3232

32

32

3232

57 Ala 38 33 60 Ariz Ark ..... 50 57 14 33 33 60 Cal

Colo 80

70

5752 45 33 33 60 Del D. C

Fla 50 32

32

32

56

57

254 33

38 33

22 *25

60 Ga 80 60 Hawaii

Idaho 29 111 80 38 <35

32

32

32

32

8 32

57

48

57

57

57

33

33

33

33

Ind 50

50

50

50

14

14

33

32

55

42

52

56

670

28 56 Iowa 56

56 80 5 30 48

48

20 50

80

35

32 ' 60 Ky 9 36 14 39 *24 60 LaMe 32 " 32

3232

32

32

32

32

32

3232

30

52

57

52

54

5257

57

57

57

57

52

57

45

OOOOO

ooooo

0; Md 8070

7080

<34 i« 50 14 1240

48

22

45 33 14 20

28

15 28

33

33

58 Mich 50

48

50

50

14

14 3342 Miss 80 38

38

30

30

32

*24 Mo 16 28 14 36 44

50

48 48

45

56 80 Nebr 80 50

50

25 32 33 56 50

45

48

48

50

1533

1533

33

50- N H 70 » 20 58 N. J 33

70 32

32

32

32

32

32

3232

57

57

5255

57

33 60

60

60

60

60

50 50

50

50

50

14 22

80

708034

38

48

48

33 18 42" Okla 56 15 28 14 36 44 33 22 4845 56

28 50

70 38 50 SO 50 48 33 3 60

80

19 32

32

32

52 2156

57

60 80 2050 60 50

22 28 14 33 50 2350

50

26

28

23 2< 56 30 70 Tex

Utah

Vt 3230

32

32

32

5257

60 Va 80 38 50 28 14 34 40 25 60

2833

33

32 22 Wash... s 45 W. Va Wis 70 80 25 34 50 57 44 60 Wyo

Not defined.

' Green peaches.

' Green.

* Malt rye.

^ Top sets; bottom sets 32 pounds.

' Shelled, 56 pounds.

'Shelled, dry.

8 Strike measure.

' Bottom onion sets.

1" German and American.

11 Shelled.

12 Peaches (peeled); unpeeled 32 pounds.

13 Cowpeas. " Roasted; green 22 pounds.

15 Not stated whether peeled or unpeeled.

1" Top onion sets. " Including split peas.

18 In the ear.

19 Slacked lime, 40 pounds.

20 German, Missouri, and Tennessee millet seeds.

21 Matured onions.

22 Bottom onion sets, 32 pounds.

23 Matured.

2^ Matured pears, 56 poimds; dried pears,

26 pounds.

25 Black-eyed pease.

28 Barley malt.

2^ Includes "Rice com."

28 " Rice com."

29 See note 20, p. 7.

38 Also green pease, seed pease, and split pease, each 60 pounds.
544 Laws Concerning Weights and Measures

Commodities for which Bushel Weights Have Been More Widely Adopted—Continued

Potatoes

1

Quinces

Rape

seed

Red

top 1

Rough

rice 1

Rutabagas 1

Rye

meal

Rye

Salt

CO tioW

Sorghum

seed 1

Spelt

or

spiltz

Timothy

seed 1

Tomatoes

Turnips

Walnuts es«

60

6060

6060

60

60

60

Potatoes

1

Sweet

potatoes

White

potatoes 1

Salt' Fine

salt 1

Coarse

salt

Turnips! 1

Common

Eng1

lish

turnips

u. s 60 55

55

55

56

54

56

55

Ala 55 60 55 Ariz Ark 60 50 14 50 SO 60 57 Cal

Colo 60

60

80 45 Conn 54 45 60 50 SO 70 20 50 Del D.C 60 Fla 60

55

60

60

48 56

56

56

60 56 54

55

60

60

60 Ga 43 45 Hawaii

Ill 50

55

4650

55

60 56

56

56

5656

32

50

56

55

56

56

56

56

55

5655

55

Do

'so'

80

80

50

55 50 45

45

45

45

45

5056

55

55

55

55

60

60

60

60

60

60

6060

60

60

60

6060

60

60

6060

60

60

Ind 60

6060

6 60

Iowa 48 50 14 50 2 5050

35 50 Kans Ky 55 LaMe 60

60

60

60 50

"56'

60

5650

70

70

70

50 Md 60

54

56

5560

56

50 3 14

'26' 50

45

45

45

45

45

45

45

45

45

60

56

50

5558 Mass 48 45 50 Mich 60

60

60

60

< 14 Minn 50 <14 52 57

42

42

Miss 50

5050

50

fin

45

56

56

55

'56' 5556

55

Mo 50 42 Mont 60 Nebr 50

DU

KADt

54

60 50 Nev 60 N. H 5 60 'to jU /U 20 N. J 60 N. Y 54

56

46

50

55

60 45

44 50 5556

56

5656

56

56

56

56 70 20 45

45

45

4545

60

6060

60

60

60

60

60

N. C 5 56 50 M4 so

'46'

55

45

50

60

60

60

6 50 N. Dak . 60 80 Ohio 5 60 Okla 60 50 <14 50 80 50 42 Oreg 60 Pa 56 '62

50

85 R. I 54 60 50 70 20 45 55 50

S. Dak 4650

55

60

60

60

56

56

56

80

50

50

45 42

45

45

'55'

55

60

50

55

6060

60

48 n4 50 50 Tex

Vt 60 55

56

5656

56

7050

45

45

6055

8 60

60

60

60

60

Va 56 56 12 Wash 60

60

60 W. Va 45 Wis 54 50 45 55 50 50 70 20 45 42

' Not defined. 4 Seed. ' Ground salt, 70 pounds.

2 Sorghum saccharatum seed. 6 Irish potatoes. 8 India wheat, 46 pounds.

3 Red top grass seed (chaff); fancy 32 pounds. ' Free from hulls. 6 See note 2°, p. 541.
INDEX

A Page

Accessories. See Appliances and accessories. Acre, equivalent 41, 121, 133, 260, 277, 317, 335' 353 '387 how measured 411 12i> i33> 277)3i7 Acre-foot of water, defined 482 Advertisements, circulating or publishing untrue or misleading , 331 Agricultural colleges, furnished complete set of all weights and measures adopted as standard 4

repairs to standards S replacing lost standards S Agricultural products, barrel for, dimensions 493 use of flour barrel, half barrel, boxes, or crates for, not

prohibited 493 Alabama, laws 17 Alaska, laws 23 Alcohol, calculating value by alcoholometer 41S Alcoholometer, Gay-Lussac, used in determining value of distilled spirits 415

Ale, wine measure used for collecting revenue 9 Ale measure, authorized standard 285 Almonds, how sold 355 Alewives, boxes for smoked, dimensions 203 how made 203

Alfalfa, weight per bushel 541 Alsike seed, weight per bushel 539 Ampere, imit of current 8 See also Electrical units. Anthracite coal, weight per bushel 541 Apatan, unit of capacity, value 414 Appendix S3 7 Apples

barrel for, capacity and dimensions 171, 177,242,319,334,354,492,521 how marked 171,319,492

of less capacity 319, 334

of other shape 319, 522

of other size, unlawful except for first sale within the

State 522 number of bushels 463 weight 492 box for, capacity 99 dimensions 27,171,177,380,503 short box, how marked 171 special size, dimensions 380

dried, how sold 355 how sold 355 weight per bushel 541 Appliances and accessories, authority of inspectors and

sealers to test 35,

S3, 114, 197,222,252,322,360,404,479,486, 517 8578°-i2 35

Page

Appliances and accessories, may be condemned or seized, when 197 unlawful to use, when 250 weights and measures, etc., certified by National Bureau

of Standards no bar to further tests 36 Apricots, how sold 35s Are, unit of area 413 Arizona, laws 25 Arkansas, laws 27 Arroba, unit of mass 414 unit of capacity, value 414 Ashes, barrel of, minimum weight 364 bushel of, equivalent 489 measure for, dimensions and form 41, 260, 261 use of heaped measure 41,260,261 B

Babcock test for milk and cream 57, 131, 172,229,248,275,365,381,481,52s Bagging and ties

weight of, baling cloth per yard 323, 501 deductions for 93, 441, 469 how ascertained 292 not to be included 291 prescribed 93,441

to be marked 476

Balita, unit of area 415 Banks, required to have sealed weights 210,495,511,532 tender of gold illegal, when 210,495,511 Barkcord of, dimensions 169, 289,489,492 number of cubic feet 353,492 number of pounds 388,319 how measured 169 measurers 288 regulating sale 169, 198, 209 ton of, number of pounds 91,388 Barley, how sold 355 weight and measurement per sack 19 weight per bushel 541

Barrel, altering brands or marks ng

falsely packed, penalty for selling 153 marking false tare 362 number of gallons 27, 41, 56, 99, 121, 176, 18s, 224, 260, 278, 318,354, 388, 463, 521 packing less than required weight 118,362 repacking fruit or produce in, without obliterating marks 329 weight to be stamped 29

for agricultural products, dimensions 493

flour barrel, half barrel, boxes, or crates not prohibited . . . 493 545
546 Index

Page

Barrel, for apples, capacity and dimensions 171, 177, 242, 319, 334> 354; 492) S2I hotr marked 171,319,492

of less capacity 3i9>334

of other shape 3191522

of other size unlawful except for first sale within the

State 522 number of bushels 463 weight 492

for ashes, pot and pearl, dimensions 364 nunimum weight 364

for beans, dimensions 177

for beans, green, in pods, number bushels 463

for beef and pork, capacity 324, 438 dimensions, and of half barrel 324,363 how made 3241363 weight Ii7i324i363)432)438,463

for beets, dimensions 177

for brocoli, dimensions 177

for buckwheat flour, weight, and of subdivisions 218 weight to be marked 218

for buckwheat meal, dimensions 322,323 how branded 322,323 how packed 322,323 weight 322,323

for cabbage, dimensions 177

for cantaloupe, number of bushels 463

for carrots, dimensions 177

for charcoal, capacity 236

for chops, how branded 160 weight 18 weight to be marked 160

for clam bait, dimensions 169 gallons 203

for coal, capacity. 159, 160 nimiber of pounds 236

for corn, weight to be marked 87

for com, green, with shucks, number bushels 463

for com, matured, with shucks, number bushels 463

for corn, on the cob, weight 77

for com, shelled, weight 77

for cranberries, capacity 29s dimensions 185,295,522

of less capacity prohibited 185

of other shape, illegal 522

of other sizes unlawful except for first sale within the

State 522

for feeding stuffs, to bear statement of net pounds 89

for fertilizer, capacity 436 how branded 160 to bear net weight 160

for fish, capacity, and of half barrel 202,436 how branded 363 how made 202 weight 202,363,463

for flaxseed oil, weight, how ascertained 363

for floiu, size 216, 323, 362, 467

to be considered standard 172

of flour, altering inspectors' marks 119 dimensions 81,216,323,362,467 misbranding 322,323 tolerance 94i95

Page

Barrel, of flour, weight 56, 81, 94,

106, 117, 134, 161, 178, 18s, 218, 23s, 242, 278, 323> 340> 362, 377, 43I) 438, 463; 472, 494i 521

of subdivisions 8i, 94, 106,

134, 161, 218, 23s, 242, 278, 323, 340, 377, 438, 472

to be marked 29,87,94, 127, 160,237,472

of flour, buckwheat, weight, and of subdivisions 218,219

of flour, rye, dimensions 66, 323 weight, and of subdivisions 66,134,218,323

to be marked 218

for fruit, capacity 521 dimensions 216,354,521 how branded 354

of other shape, lawful 521

of other sizes unlawful, except for first sale within the

State 521

of grain, tme weight to be stamped 88

of grits, how marked 94, 218

tare 94

tolerance 94

weight, and of subdivisions i9i94i 218

of kale, dimensions 177

of lard oil, weight, how ascertained 363

of lime, weight 224, 521

of linseed oil, weight, how ascertained 363

of meal, dimensions 362,467 how branded 161,363 how made 362,467 packer to put in full weight 416

weight, and of half barrel 161, 235,362,438

of meal, corn, how marked 94, 218

tare 94

tolerance 94 weight, and of subdivisions 18,94,218,438,473

of meal, Indian, dimensions 66,322,323 how packed 322,323 misbranding 322,323 net weight to be marked 66

tare 66 weight 66,322,323

of melons, number bushels 463

of onions, dimensions i77>354

of oysters, number of tubs 20, 238

of parsnips, dimensions 177

of pears, capacity 3191320,334,521 dimensions i77;334)52i

of less capacity, how marked 334

of other shape, unlawful 320,334, 521

of other size, how marked 319,320 unlawful except for sale within the State 522

of peas, dimensions 177

of peas, green, in hull, nmnber bushels 463

of potatoes, capacity 319,320 dimensions I77>354 how marked 88, 319, 320 number of bushels 463 other size 319,320 weight 56, 150, 169, 185, 319,463, 521

of potatoes, sweet, dimensions 177 how marked 88 number of bushels 463 weight 185,463
Index 547

Page

Barrel, of proof spirits, number of gallons lo

of quinces, capacity 3i9>330)334 dimensions i77>334 other shape 3i9>320i334 other size, how branded 330, 334

of roots, dimensions 316

of salt, altering inspectors' marks 119 giving short weight 466 how branded 363

tare, regulated 364 weight 402 to be marked 363

of soft turpentine, dimensions 93 how made 93

of spinach, dimensions i77

of truck, dimensions 493

flour barrel, half barrel, boxes, or crates not prohibited 493

of turnips, dimensions 177 munber of bushel 464

of vegetables, dimensions 216,354 Barrel staves, size 291 Basket or box

for berries, capacity 135,177,304,305,279,289,318,523 dimensions 177 how filled 289,31s how marked 13 5) 379 may be seized, when 205, 289 may be tested, when. . . .

.' 205, 289 not required to be sealed 205 not to be refilled 74 use of other size 204, 205, 289, 328, 522 variation allowed 328

for coal, capacity 337,430 dimensions 430 how filled 337,430 use of basket of different size 327,430

for charcoal, capacity 170, 199, 387, 501 dimensions 170,287,435,501 how filled 1 70, 43 S how marked 199 required to be sealed 435

seiziue of unlawful 435

for fruit, capacity 216 dimensions 306 how marked 177,217 other size, how marked 306 must be of represented capacity 216

for kindling wood, number of baskets to cord 435

size 435 unsealed baskets to be seized 43 5 for shrimp, weight 162

for vegetables, must be of represented capacity 216 Beams. See Testing of weights and measures: False weights and measures. Beans

barrel for, dimensions 177 number of bushels 463 weight to be marked 88 how sold 353,435 weight per bushel 541 weight to be marked 87

Page Beefbarrel, altering inspector's marks 119 dimensions 363 how made 324,363 weight 117,324,363,432,438,463 fraudulently packing 96, 118, 153

tierce, capacity 324 how made 334 weight 334

Beer, standard gallon 99,324 wine measure used in collecting revenue 9 Beer measure, authorized standard 285 use in sale of milV gg, 224 Beggar-weed seed, weight per bushel 539 Bermuda grass seed, weight per bushel 539

Beets, barrel for, dimensions 177 how sold 355 weight per bushel 541 Berries

basket or box for, capacity... 135,177,204,205,279,289,318,523 dimensions 177 how filled 389,318 how marked 135,279 maybe seized, when 305,389 may be tested, when 305, 389 not required to be sealed 305 not to be refilled 74 use of other size 204, 205, 289, 338, 533 variation allowed 338

crate for, capacity 533 other sizes unlawful except for first sale within the

State 533 how sold 74,205,361,434 Beverage, how sold 350 number of cubic inches to gallon 350

Bill of lading to show true net weight 375

Biscuits, weight 288 casks for, size 364 weight to be marked 364

Blackberries

basket or box for, capacity 204, 289, 318, 533 how filled 289,318 not conforming to standard 205,328,522 not required to be sealed 205

sealers may seize, when 205, 289 may test, when 205,289 how sold 177,523 variation allowed in sale 338 weight per bushel 539 Blueberries. See Blackberries. Blue-grass seed, how sold 24J weight per bushel 541 Board measure, when used 80,242,340,440 Bottle of food, to bear true net weight 458 Bottles and jars for milk and cream, capacity. . . 135, 279, 318, 530 how filled , 79 how marked 194, 355, 3 18, 520

legal measures, when 194, 195 seaUng 194,196,354,434,520

selling by short bottle 236 tolerance 79, i7a> i94> 318, 520 Box, altering marks 126,467

f
548 Index

Box, for alewives and herring, dimensions 203

for apples, capacity 99 dimensions 27,171,177,380,503 short box, how marked 171 special sizes 380

for cranberries, dimensions 296 rounded measure used 296

for fruit or vegetables, must be of represented capacity . 216

for hops, dimensions 122,380,523 weight 380

for ice cream, tolerance 78, 79 for peaches, cubic capacity 216

for pears, dimensions of standard size 503

for soap and candles 364 fraudulently increasing weight 25,262,372,424 marking false tare 362 repacking fruit in without obliterating marks 329 standard, how marked 177 use of not prohibited for agricultural products 493 Bran, how sold 355 measure, form, and dimensions 319 number of quarts to bushel 319 number of pounds per bushel 541 weight to be marked 29.87,160 weight per sack 19 Braza. unit of length, value in meters 414

Brazil nuts, how sold 355 Bread, fancy, provisions not applicable 204 how sold 135,204,308,410

price of, to be posted 204 regulating weight and quality 246, 271,348,410,473

seller to keep scales 236 short loaf 69,96

to be labeled I35i279>35i

to be weighed, when 204 weight 69.135,204,279,288,351 weight to be specified to consumer 308 Breadstuffs, dimensions of container 66 Brick, cities may regulate inspection 217 number to foot wall 45 number to 8-inch wall 45

size 45,268 unlawful to use other size, when 268 Brickwork, perch 45 Brocoli, dimensions of standard barrel 177 Brome grasses, seed of, weight per bushel 540 Broom-corn seed, how sold 355 weight per bushel 541 Bromus inermus, weight per bushel 539 Brussels sprouts, sold by dry measure 177 Buckwheat, how sold 355 weight per bushel 541 Buckwheat flour, weight of barrel and subdivisions. . . . 218, 219 weight to be marked 218,219 Buckwheat meal, how packed and branded 322,323 weight and dimensions of barrel 322,323 Bureau of Science, standards deposited in 413, 416 Bureau of Standards, purpose 383 See also National Bureau of Standards. Burr clover, weight per bushel 539 Bushel, table of legal weights in pounds of various commodities 539-544 See also Units of weights and measures; Measures.

Page

Butter, casks for. capacity 467

full weight required 42, 102, 263 how marked 58,135,279)380,433 how packed 364 how sold 355 marking false tare 362 weight of standard package 135, 279,380 weight to be stated 58, 102, 364, 4^1 when underweight

how sold and labeled 13s wrapper not included 263 Buttons, measure 11 C

Cabbage, how sold 355 standard barrel for, dimensions 177 weight per bushel 539 California, laws 33 Canary seed, how sold 355 weight per bushel 539 Candles, net weight to be marked on packages 364 Candy, how sold 355 Canned oysters, clams, etc., how sold 439 Cannel coal, weight per bushel 541 Cans for milk, capacity to be marked 100, 289,307, 502 mutilating, penalty 173 sealing 65,172,289,434,502

size, for wholesale trade 173 stamping 65 Cantaloupe, number bushels to barrel 463 weight per bushel 539 Capacity, electrical unit of 8 Car, stamping false tare 480

Carat, international carat or quilate, equivalent in milli- grams 414

Carrots, how sold 355 standard barrel for dimensions 177 weight per bushel 541 Cars, coal 28,29,375 manner of weighing 147, 506 mine, how weighed 183 railroad, how weighed 129 neglect or refusal to weigh 129 regulations 227

test, how provided 507,508 Cask—

for breadstuffs, for exportation, dimensions and weight . 66 how marked 66

for biscuits, net weight and tare to be marked 364

for butter or lard for exportation, capacity 467 how made 467

for fish, capacity in gallons 202 dimensions 202 how made 202

for flour, for exportation, dimensions 66 weight 66

for gunpowder, weight 206

for lime, capacity 207 how made 207

for nails, how marked 207 net weight to be branded 207 gauging, by Gunter's rule 43^

fees 432
Index 549

Page

Castor beans, weight per bushel S4i Castor oil, weight per gallon 140

Castor-oil bean, how sold 355 Castor seed, weight per bushel 539

Cattle, fees for weighing 204 weighing, on public scales 437

Cattle, neat, correct weight to be given 216 weighable parts 433 Cauliflower, how sold 355 Cavan, unit of area, value 415 Cement, weight per bushel 539 Cental, measurers of grain to give certificate of sale 205 mmiber of pounds 186, 205

sale of grain, etc 205 Centigrade, thermometric scale, use of, in Public Health and Marine-Hospital Service 5 Chain, for measuringland, value. 41, 121, 133,260, 277,317,339,353 how tested 339

surveyor's, used in evidence, when 359

of&cial certificate for, to be prima facie evidence of correctness 331 Charcoal, bags for, how marked 199 barrel for, number of bushels 236 bushel, equivalent of, in pecks 489 number of cubic inches. . . 45, 56, 64, 178, 215, 242,356,368,388 baskets for, dimensions and capacity 170, 435, 501 how marked 199 sealing 435

fee 428 box may be used for 5°' cord, number of bushels 1 70 council may provide for weighing 246 delivery ticket for dealer must give 312 furnished, when 296,326

required, when 521 how sold 77, 236. 260, 287,296,326,321 measures 77 dimensions and form 260

half bushel and parts are standard 379 how heaped 260, 3 79 possessing illegal 201 seizure 201 refusing to allow sealer to weigh 327

sealer may reweigh, when 200, 327

selling by weight 199 ton, number of pounds 326 variation in weight allowed 326 weight per bushel 541 Checkweighman, at mines, duties of, etc 21, 48, 109, 119, 130, 143, 154, 184,314,374, 466,482,508, 534 Cheese, full weight, exclusive of wrapper, required 263 how sold 355 Cherries

baskets for, capacity 204, 205, 289 not conforming to standard, penalty for use of. . 204, 205, 289 not required to be sealed 204, 205, 289

sealers may seize, when 204, 205, 289 may test, when 204, 205, 289 box for, capacity 522 other sizes unlawful except for first sale within the

State 522 measures for, capacity of standard 318 package for, penalty for use of one of less capacity 328

sale of, by dry measure 177

Page

Cherries

sale of, by level measure 289

in less quantity than I bushel 523 variation allowed 328 weight per bushel 539 Chestnuts

sale of, by dry measure 177 by strike or level measure, when 205 weight per bushel 541 Chinquapins, sale of, by dry measure 177 Chops, net weight to be marked 18, 29, 160

size of containers 18 weight per sack 19 Chufa, weight per bushel 539 Chupa, tmit of capacity, value of in liters 414

Cities and towns

powers of mayors and council as to bread . . 246, 271, 272,348, 473

false weights and measures 18, 271, 272, 362

fees and compensation of sealers and inspectors 34,

165, 167, 171, 193, 198, 237,360, 428 inspection and weighing of commodities, etc 18, 94.

107, 119, 140, 142, 169, 171, 198, 207, 237, 243, 245, 271, 272,

285, 292, 348, 362, 372, 394, 403, 40s, 406, 437, 473 , 481, 541 inspection and inspectors and sealers of weights and

measures 18, 108, 114, 123, 124, 139, 156, 158, 168, 171, 194, 198, 203, 204, 205, 206, 207, 208, 210, 217, 224, 237, 245, 271, 272, 283, 285, 313, 322, 348, 360, 372, 403, 405, 426, 430, 432 keeping correct weights and measures 119,348,481,502 pubUc and other sealers 18, 142, 165, 224, 293, 304, 405 standards 53, 189, 210, 235,455,465, 516

Civil service, applicable, when 297 what sealers and inspectors in clasisfied 211 Clam bait

barrel for, capacity in gallons 203 dimensions of 169 Clams, number of bushels contained in package to be marked 439 unopened, how sold 410 Clark's cell, equivalent of volt with reference 8 Clover seed, how sold 355 weight per bushel 541 Coal, barrel or bag 160, 199, 236, 279

certificate of weight 28, 29,49,58. 74- 75, 279, 296,304,312,326,406, 521

fees for weighing 292, 304

for public service u

license required for selling 2or, 263 measure 41,201,356,394,428,430 penalty for selling contrary to law 28,

29. 49, 7S> 118, 141, 148, 150, 242, 243, 264,304,

328, 330, 356, 375, 389,390,391,409,430, 494

railroads, general duties, etc 28, 29, 129,375

scales for weighing 21,62, 191, 247,427,456

sold by weight 58,

74, 75. 129,141,157,170,199,200,243,296,304,

326, 327, 355, 361, 394, 395, 408, 424,494,521 tolerance allowed 326,389

ton, number of bushels 261 number of cubic feet 50 mmiber of povmds 12, 21,25,42,47,79,101, 160, I7f„ 178. 183,199,

224, 236, 242, 261, 262, 264, 279, 318, 326, 356, 388, 389, 394, 411,430,431,480, 502,503
550 Index

Page

Coal, weighing and inspection 75. 8i, 82, 158, 169, 170, 198, 199, 200, 217, 237, 243, 246, 271

304. 327. 330. 348, 372, 389,390,394,430, 437, S14. 532 Cod liver oil, weight per gallon 140

CofEee, fraudulently increasing weight 424 how sold 355

to bear statement of net weight or measure 269, 270 Coin silver, percentage of pure silver required 361

sale of goods improperly marked 361 Coinage, decimal system established la

of money regulated by troy pound of the Bureau of Standards a Coins

gold, denominations of 13 deviations allowed 13 standard of value 13 tolerated loss of weight by abrasion 14 gold and sUver, standard fineness la

silver, weight of standard silver doUar 13 weight of subsidiary coins 13 silver and minor, deviations allowed 13 Coke, bag to be marked 199 bushel for, cubic capacity 242,356,368,395

certificate of weight required 49, 74, 75, 312

cities and towns may require to be weighed on public

scales 437 delivery ticket furnished, when 296 required 74,75,326,521 how sold 3SS Ucense, dealers must have 201 measures, capacity 356 dimensions 356 possessing illegal 201

sealer may weigh 199, sa?

selling by weight 199, 296, 326, 521 ton, number of pounds 326 variation in weight allowed 326 weight per bushel 542 Collector of internal revenue, to procure and distribute apparatus for sealing 416 Colorado, laws 45 Commodities, full weight required 38, 39, 4a, 502 how sold i35>354tSi9 may be seized as evidence, when 116,223 testing weight or measure 37, 53, "S, 223, 252, 282 Compensation. See Fees and compensations. Condiment, net weight to be marked on package 227 Congress

constitutional powers of, to coin money i to fix standard of weights and measures i Connecticut, laws 51 Constitution

power given by, to coin money i to fix standard of weights and meastu'es i State, prohibits creation or continuance of State ofiSce . . 1 7, 383 power given legislatune by, to appoint officers 33

to regulate weights and measures 33 Consular reports, manner of expressing weights and measures 9

Container, defined 283 net weight, measure, or count to be marked 280 not included in weight of butter and cheese 263 not included in marked weight 269, 370

Page

Container, required to have net weightmarked 891350,458 weight of article to be exclusive of container 350

Containers, sealer and deputies may test weight of commodities put up in a8a Contracts- how construed as to bushel 224 hundredweight 149, 194, 224, 287, 3 79, 489, 521 metric system, use 3,464 net weight 194,287,379,521

sale, or purchase of, cotton agt

fruit in barrels saa goods 17, 41, 87, 105, 118, 122, 13s, 215, 23s, 261, 280, 353, 379, 424 grain , 118,205 meal 205 personal property 320 quintal of fish 203 ton 149,489,521 work 17, 41, 87, 105, 122, 135, 23s, 261, 280, 320, 353, 424 Cord, length of cordwood 398

of bark, dimensions 169 number of poimds 91,388, 5i» number of cubic feet 353

of charcoal, number of bushels 170

of kindling wood, dimensions of baskets 435 number of baskets , 435

of wood, dimensions 8a, 92 , 169, 209, 289, 340, 353 , 398, 435, 489, 493 how packed 92,398 number of cubic feet 12, 83, 169, 224, 279, 289,353,489,493 vendor to give written statement of quantity 379 Corn, measures may be appointed 168

railroads to weigh, when 39 weight per bushel 543 bag of, manner of marking 88 weight to be marked 87

barrel of, manner of marking 88 weight to be marked 87

green, with shucks, number bushels to barrel 463 Indian, in the ear, dimensions and form of measures . . 41, a6o how heaped 4i>a6i use of heaped measure 41,360 weight per bushel S4a in ear, how sold 355 matured, with shucks, number bushels to barrel 463 on the cob, weight per barrel 77, 178 sack of, capacity 19 weight 19

shelled, how sold 355 weight per barrel 77, 178 sweet, dried, how sold 355

sweet, in ear, how sold 355 Com hearts, weight per sack 19 Corn meal

barrel of, how marked 94>47a

tare of to be marked 94 how sold 18, 94, 355 sacks of, how marked 94,339,377,47a number bushels 438

tare of to be marked 94 weight 18, 94, 106, 134, 278, 339, 377, 438, 47a weight per bushel 543 weight to be marked 18, 337, 339
Index 551

Page Com meal

Indian, for exportatdon

barrel of, dimensions 66 tare and net weight to be marked 66 weight 66 hogshead of, dimensions 66 tare and net weight to be marked 66 weight 66 Com products, to bear statement of net weight or measure

of contents 269 Corporations, officers and managers of, responsible for weights and measures used 40 municipal. See Cities and towns.

Cottoline, to bear statement of net weight or measure of contents 270 Cottonbagging and ties for, weight of prescribed 93.441 weight of, how ascertained 292 weight of not to be included 291 weight of to be marked 476 bale of, TniniTniiTn weight 442 contracts for, how construed 291,441 deductions from weight for, bagging and ties allowed, when 93,441,469

scalage, unlawful 29, 94, 162, 237, 340, 441, 469 wet or damaged cotton 94, 162, 240, 340, 469 exact weight to be given regardless of condition 469

fees for weighing 29,93,341,469 fraudulently increasing weight 25, 42,96, 262,331,349,372,468,480 how marked 30, 93, 3 73 railroads to weigh, when 29 tare on, prohibited 441 weighing 239, 240, 341, 432, 443, 468, 473 Cotton goods, penalty for misrepresenting quantity i ;S Cotton platform, regulating of 442,446 Cotton seed, how sold 355 weight per bushel 542

staple, weight per bushel 539 Cotton weighers, appointment and duties 239, 240,432,442,468,473 Cottonseed hulls, in bales or packages, weight to be marked 95 weight in sack 19 Coulomb, electrical unit of quantity 8 See also Electrical imits. Councils. See Cities and towns.

Court. See Evidence.

Cranberries

barrel for. capacity 295 dimensions 185,295,522 how marked 295,522

of other shape 522

of other size unlawful, except for first sale within the

State 523 box for, dimensions. 296 crate for, capacity 185, 523 dimensions 185,296

of other shape 185

of other size imlawful, except for first sale within the

State 523 how sold 355

Page

Cranberries

sale of by, dry measure 177,318,523 roimded measure 296

strike or level measure 205,318 weight 186 variation allowed in sale 328 weight per bushel 543 Crate—

for cranberries, capacity 185- dimensions 185,396 how filled 296 other shape 185

for fruit, capacity 533 other size of unlawful except for first sale within the

State 533 use of, not prohibited for agricviltural products 493 Cream. See Milk. Cucumbers, weight per bushel 543 Culm, number of bushels to ton 11 weight per bushel 539 Currants

container for, capacity 204,205,289,318,533 how filled 289,318 may be seized, when 205, 289 may be tested, when 304,305 not required to be sealed 205

of less capacity, unlawftU 338,532 variation allowed 328 weight per bushel 539 Current, imit of electrical 8 See also Electrical units. D

Dairy products, to bear statement of net weight ermeasure

of contents 269, 270 Dates, how sold 355 Decimal system, established for coinage la Delaware, laws 61 Dimensions of measures. See Measures. Diplomatic reports, manner of expressing weights and

measures 9

Director, Btireau of Standards, appointment of, powers and duties i to make annual report i Director of Mint, to procure a series of standard weights. . a District of Columbia, laws 71 Doyle's rule, for measuring logs 38, 89, 160, 336 Drivers, of ice wagon, coal wagon, etc., sealer or inspector may stop 37,114,115,192,222,252,322,404,409,486 Duties. See Officers in charge of standards and testing.

Eggs, weight per dozen 133 Electric meters 224 Electrical units, ohm, ampere, volt, coulomb, farad, watt, henry 8,9

Electricity, defrauding buyer or seller 524 Electromotive force, unit of 8 See also Electrical units. Endive, how sold 355 EngUsh system, equivalents in metric system 3 may be employed, when 415 use continued as to manufacturing lumber 415
552 Index

Page

Evidence, certificate of correctness shall be 303,331

certificate of public weighmaster to be prima facie. . . 225, 285

certified weigh bill to be presumptive, when 505 delivery of fraudulent bill of lading of coal presiunptive. 330

false or unsealed apparatus may be seized for 55, 116, 192, 223 , 288, 347, 40s lumber-inspection bill to be presumptive 102 pleading in court not deemed invalid on account of use

of metric system 3 possessing misbranded food prima facie, of violation 350 possession or use of false weight, or other apparatus is presumptive 333 presence of weights or measures is presumptive, of use. . 302

sale and delivery of commodity shall be 135,136,281 surveyor may give, when 331 surveyor not to give, when 359 weighmaster's certificate to be seized as 407

False scales, weights, and measuresdefinition and tolerance, definition .... 25, 42, loi, 424, 480, 502 tolerance 73, 78, 79, 582 procedure and disposition of, may be condemned or

seized, when 38, 54, 55, 63, 72,

73, 77, 116, 126, 137, 138, 156; 166, 170, 176, 192, 193,

197, 201, 210, 222, 223, 254, 259, 281, 287,301,304, 312, 3337 338, 339> 344, 347, 356, 357, 360, 362, 367, 401, 404, 405,428,435,439,454,465,487, 494, 496, 510,517,530 may be destroyed, when 54, 73, 222,301,333,338,

339. 344, 356,367, 401, 439, 454,494, 496, 510, 517, 530 may be repaired and sold 126, 176 tagging and marking of; unlawfully removing tag. . . 54,

74, 158, 166, 193, 254, 281, 301 , 347, 452 upon complaint 91,127,152 use of incorrect track scales prohibited 504 imlawfully disposing 38 giving false weight or measure 25, 46, 55, 57, 73,75,91,101, 106, 117, 118,126, 136,140, 142, 153, 207, 210,218,224,236,256, 262, 263, 280,286,303,349,360,362, 365,372,429,466,467,468,479, 480, 487, 501,502,503,535 marking false weight or measure 20, 23, 25, 30, 81, 177, 226, 245, 262, 272,302, 333, 362, 367, 380, 424, 467, 468, 480

possession 206,236,

256, 267, 286, 302, 333, 344, 367, 399, 454, 46s, 487, S02, 524

selling 303 using 18, 19) 20, 23 , 25, 38, 39, 43, 55, 62, 63,

76, 87, 96, 97, 99, 101, 107, III, 116, 118, 119, 126, 143, 146,

149, 152, 156, 160, 162, 167, 170, 193, 201, 222, 226, 251, 266,

267, 280, 287, 302,310,314,332,333)337,339,344,346,359.

360,365,367,374,380,399, 400, 420, 421,422,424,429,430,

436, 454, 464, 466, 472, 479,480,500, 502,511,524,531, 532 Farad, unit of capacity 8 See al§o Electrical units. Feed, chopped, how sold 355 weight per bushel 539 weight per sack 134, 472 Feeding stuff, bags and sacks, weight 19, 20,469

definition 59, 108, 144, 145, 182, 293, 373 , 410, 439, 458, 469, 490 net weight to be marked 20, 59, 89, 96, 108, 128, 144, 145, 182, 220, 226, 237, 238,

293. 308, 349,364,365,373,410,439,458, 472, 490

seizure and sale authorized, when 89

Page

Fees and compensation, counties, cities, and towns may

fix 34,40,46,71,72,176,193,414

for gauging 159,432

for inspecting barrels, casks, etc. 66

for inspecting Ivmiber 80, 126

for measuring 205, 209, 289,304, 397, 403,441

for seaUng glass bottles and jars 79, 176

for stamping milk cans 65

for stamping oyster measures 238

for testing gas meters 69, 358. 366

for testing surveyor's apparatus 210

for use of test car 205

for use of track scales 147

for weighing 84, 86, 95, 112, 146, 153, 160, 179, 203,

204, 228, 239, 341 , 344, 370, 406, 433, 439, 442, 455, 469, 475

for weighing and inspecting cotton 29,30,95,341,469

of National Bureau of Standards 3

of sealers 61,62,77,78,79,107,126,138,

151,156,168,181,193,223,256,257, 268, 285, 286,309,313,

338, 347. 359. 369, 428, 452, 465,488,499,503,507,510,531

for labor and material 1 76, 428, 465 , 500, 53

1

of State sealers 27, 97, 99, 107, 138, 286, 418, 419, 479

of township sealers 214,215 method of keeping check 250

railroad and warehouse commission to fix 231 Fertihzer, capacity of barrel of fish used for 436

container for, to bear statement of weight 18, 29, 160, 204, 219, 334, 365, 380, 411, 436, 440, 477, 490, 495 Fescue, weight per bushel 539

Figs, how sold 355

Filberts, how sold 355 Firkin, of butter, net weight to be marked 364,433

of lard, net weight to be marked 364

Fish, for manure, capacity of barrel and of half barrel 436 how sold 355 number of pounds to quintal 203 standard weight of barrel, how marked 202,363,463 to be weighed upon request 203 weighers 203 Flaxseed, weight per bushel 542 Flaxseed oil, barrel of, weight of, how ascertained 363 weight per gallon 10,363 Florida, laws 87 Flour, altering inspector's marks 119 barrel for, use of, not prohibited for agricultural products. 493 barrel of, dimensions 81,216,323,362,467 weight 56, 81, 94, 106, 117, 134, 161, 178, 185, 218, 235, 242, 278, 323, 340, 362, 377, 431, 438, 463, 472, 494, 521 weight of subdivisions 81,

94, 106, 134, 161, 218, 235, 242, 278, 323, 340, 377, 438, 472 fraudulently packing. 95 how marked 81,88,94,160 how sold 3s< packing less than required weight 118 tolerance 94,95 weight of, to be marked 29,

68, 81, 88, 94, 127, 160, 219, 237, 242,472 buckwheat, weight of barrel, and of subdivisions 218 mixe4l, sale of, prohibited 324

rye, dimensions of barrel 66,323 weight of subdivisions 66, 134, 218, 323 to be marked 218 Fodder, to be weighed on public scales 84
Index 553

Page

Kood, full weight must be given in sales 424 misbranded as to weight or measure, when 58, 88, 89, 96, 102, 108, 144, 293 . 308 , 365. 381, 422, 440, 477, 481, so3i 525 net weight or measure required.. 20,58,89, 269,280,350,458,533 Food and dairy commission created, duties 269 Fowls, how sold 355 Freestone, cities and towns may appoint surveyor of, and make regulations ^ 207 Freight charges, based on weight 505 on grains, based on weight 178 Fruit

barrel for, capacity 521 dimensions 216,354,521 how branded 354

of other shape unlawful 521

of other size unlawful except for first sale within the

State 521 baskets for, must be of represented capacity 216 boxes for, must be of represented capacity 216 canned or preserved, how marked 328

crate for, capacity 522

of other size imJawful except for first sale within the State 522 dried, to bear statement of net weight or measure of contents 269,270 measure used for, capacity 500 dimensions and form 41,260

half bushel and parts 215,379,519 heaped 1 asure 41,260 how heaped 41,261,215,379,520

level 289 repacking in barrels, etc., without obhterating marks. . 329

selling in less than standard-size package 328 Fruits—

small, sale by dry measure, when 177,204, 279, 288,318,361 manner of filling 318 penalty for use of packages of less capacity 328 variation allowed 328

sale by hquid measure 135 Fuel. See Coal and wood.

Furlongs, number of, in a mile 387 nimiber of rods 387

Gallon, for beer, standard used 99, 224 formilk 99,224 number of gallons of water in cubic foot 265 nimiber of gallons to bushel of charcoal 287 weight per, for castor oil 140 cod-liver oil 140 flaxseed oil 10,363 gasoline 140 honey, strained 267 kerosene 140 lard oil 140, 363 linseed oil 10,363 linseed oil, raw 140 linseed oil, boiled 140 menhaden oil 140 miner's oil 140 molasses, sorghum 117, 464 naphtha 140

neat's-foot oil 140

Page

Gallon, weight per, for olive oil , 140 parafRu oil 140 poppy-seed oil 10 sperm oil 140 turpentine 140 whale oil 140 Game, how sold \ 355 Ganta, unit of capacity, value 414 Gas, defrauding buyer or seller 524 illuminating, standard imit of measure 366 weight of cubic foot 366 meter, penalty for furnishing or using false 119,361, 524 tested by meter prover 366

meters, inspectors may be appointed 224 Gasoline, weight per gallon 140 Gauge, standard for sheet and plate iron and steel 7 variations allowed in use 7 Gauger of coal and coke boats, appointment and duties. . . 158

of liquids, annual appointment 190 required to gauge oil, molasses, wines, vinegar, etc., not

domestic 438 Gauging, method for coal and coke boat 159 Georgia, laws 91

Gifts, food products misbranded when containing 270 Ginner to brand weight on cotton 3 73 public, county clerk to test scales of, once a year or

oftener 30

lawful weigher of cotton 30 required to keep accurate scales .

,

' 30 required to keep record of bales ginned 30 Ginseng roots, how marked 329 Gooseberries

baskets for, capacity 204,205,289 not conforming to standard, penalty for use 204, 205, 289 not required to be sealed 204, 205, 289

sealers may seize, when 204, 205, 289 may test, when 204, 205, 289 box for, capacity 522 other sizes unlawful except for first sale within the

State 522 measures for, capacity of standard 318 package for, penalty for use of one of less capacity .... 328

sale of, by dry measure ; 177 by level measure 289

in less quantity than i bushel 522 variation allowed 328 weight per bushel 542 Grain, fraud in weighing 142 fraudulently increasing weight 25,42, 262,480

freight charges on, how based 178 measure used for, standard bushel legal 228 standard half bushel legal 361 measurers 168, 205 regulating sale 438

sale of, by cental or bushel 205 weight 140,141,243,296 tmit of weight 413 using unlawful weights or measures 523 weighing and handling 103, 110,348, 503, 506 weight of, legal required 349 reporting false or untrue 306 requiring more than legal weight 332

to be marked 29,88,160,161

to be furnished shipper 146
554 Index

Page

Grain tester, how used 523 Grain and salt measurers, appointment 168, 194, 205 Grapes, baskets for, manufacturers or dealers in to mark

capacity in pounds 217 weight per bushel 539 Gritsweight of, in bags, barrels, and sacks 19, 87, 94

in cartons 20 manner of marking 88

tare to be marked 94 to be marked 87 Ground peas, weight per bushel 543 Guavas, weight per bushel 539 Gimpowder, size of sacks 206 Gunter's rule for gauging casks to be used 432 H

Hawaii, laws 97 Hay, fraud in weighing 25, 42, 118, 141,142,243,262,306,

331. 348, 349. 372, 400, 403

full weight required loi, 216, 480, 502 gross weight to be marked on bale 326 handling of, under State grain commission 103 how graded 206 how marked 168, 326, 403 how sold 84,86, 141, 168, 243, 262, 312 hundredweight 84 in stack, rule for measuring 262,311,533 raihoads to furnish track scales for weighing 503,506

tare, deduction 326

for weight of baling material 326, 330, 403 tolerances on weight of, for shrinkage 326 variation from marked weight 333 ton of, number of cubic feet to 261, 3ir, 343, 367, 451, 533 number of pounds to 25, 42, 84, loi, 117, 178, 261, 262, 267, 343, 367, 451, 480, 502 weighing and inspection 62,

83, 84, 158, 191, 198, 206, 217, 245, 246, 348, 372, 427, 437, 510, 514, 532 weighing and inspecting of, by railroad commission 230 weighing of, at expense of seller, when 292 See also Cities and towns. Headings, white oak, size of and number pieces 291 Heap measure, dimensions 287 form and dimensions 41,317 manner of heaping 41, 105,170,215,261,319,354,379,519 number of cubic inches s6, 500 Hectare, how measured 423 Hemlock bark, number of pounds to cord 519 Hemp, hundredweight 150 ton Z50 Hempseed, how sold 355 weight per bushel 542 Henry, unit of induction 9 See also Electrical units. Herds grass, weight per bushel 542 Herring, boxes for, dimensions 203 Hickory nuts, how sold 355 weight per bushel 542

Page

Hogshead, altering inspector's ^rand , 119 capacity 41,

56, 99, 121, 176, 185, 224,

260, 278, 318, 354, 388, 521

falsely packed, penalty for selling 153

of com meal, for exportation, dimensions and weight. . . 66

of Indian meal, weight 323

of liquors, fermented, number of.barrels 10 number of gallons 10

of salt, size 168

of tobacco, weight. 182 penalty for marking false tare 362

for putting in less quantity than marked 362 Hogshead hoops, size and quality 291 Hogshead staves, size 291 Hominy, how sold 355 weight per bushel 539 Honey, strained, weight per gallon 267 Hoops, hogshead, size and quality 291 shaved, number pieces to thousand 396 Hoops and staves, how counted 291 Hops, adulterating, prohibited 325 bales of, how marked 325

tare 3251 soi weight 325, 501 baling material, weight per yard 325, 501 box for picking, capacity 122,380,523 dimensions 122,380,523 penalty for fraudulently increasing weight 25, 42,262,331,349,373,480 Horse-radish, weight per bushel 539 Huckleberries

baskets for, capacity 289 not conforming to standard, penalty for use 289 not required to be sealed 289

sealers may seize, when 289 may test, when 289

sale of, by level measure 289 Hundredweight, nmnber of pounds 11, 25, 41, 56, 81, 85, 99, 105, 133, 149, 150, 167, 185, 194, 215,224,241,

260, 277, 287, 3r8, 354, 379, 388,489, 500,521

of commodities 194

of hay, straw, etc 84,85

of hemp 150

of iron ore 277, 354

of pig iron 277)354 Himgarian grass seed, how sold 355 weight per bushel 542 Hydrometer, standard for collection of revenue 16 I

Ice, dealer in, must provide scales on wagon 207 penalty for giving short weight 207 to be weighed on delivery 293 Ice cream, boxes, forms and molds 28, 79 tolerances 28, 79 Idaho, laws 99

Illinois, laws 105 Imports, determination of weight on quantity 14 how marked 11 penalty for false marking 11 use of foreign weights and measm-es 14 weight to appear on casks of sugar 14
Index 555

Page

Inch, of cream, value 121

of water, value 42. 45, 265, 275 Indies, number in meter 413 Indian meal, how packed, weight and dimensions of barrel 322,323 misbranding 322,323 Indiana, laws 113 Induction, electrical unit 9 See also Electrical imits. Inspectors, of electric meters 224

of gas meters 224

of lumber 79,125.441

of shingles 12s

of water meters 224 See also Officers in charge of standards and testing; Mine inspectors. Instruments. See Appliances and accessories. Iowa, laws 121 Iron, pig, hundredweight 278,334 Iron ore, hundred weight 277,354

Italian rye grass seed, weight per bushel 539 J

Japan clover, weight per bushel 539 Jars for millr and cream. See Bottles and jars for milk and

cream. Johnson grass, weight per bushel 539 Joule, unit of work 9 See also Electrical units. Junk dealer. See driver. K

KafKr com, weight per bushel 543 Kale, standard barrel for, dimensions 177 weight per bushel 329 Kansas, laws 133 Kegs—

for butter and lard, how made 364 net weight to be marked 364

for powder, how stamjjed 397 who may not use 397 Kentucky, laws 149 Kerosene oil, weight per gallon 140 Kilogram, equivalent in poimds 413 prototype is fundamental standard 6 L

Land measure. See Chain; Acre. Land plaster, weight per bushel 540 Lard, casks for, capacity 467 fraudulent parking 153 giving less quantity than marked 362 how branded 330 how sold 355 marking false tare 362 weight of packages prescribed 330 to be marked 270, 330, 364 Lard oil, weight per gallon 140,363 Lead, ntimber of poimds to ton 242 penalty for fraudulent weighing 242 LentUs, weight per bushel 540 Lettuce, how sold 355 Level measure. See Struck measure.

Page

Lime, barrel of number of pounds 224 bushel of, equivalent 489 casks for, capacity 207 how made 207 council may provide for weighing 246 dimensions of bushel measure 395 how sold 355 unslaked, dimensions and capacity of meastire 356 number of cubic inches in standard bushel 356 standard measure for, in Allegheny County 396 weight of barrel 521 weight per bushel 543 Line meastire for buttons, equivalent in inches 11 Link. See China. Linseed oil, weight per gallon 10,363

boiled, weight per gallon 140 raw, weight per gallon 140 Liquid commodities, how sold 135 Liquid measure. See Units of capacity. Liquids, barrel for, number of gallons 27,41,

56, 99. 121, 176, 185, 224, 260, 278,318,334,388,463, 521 Liquor, barrel and parts of, how taxes are estimated 10 fraudulent packing of, penalty 153 not domestic, required to be gauged 438

Liter, equivalent in wine measiue 413 unit of capacity 413 Live stock, fraud in weight of shipment of, penalty 142 neat cattle, etc., correct weight to be given 216 penalty for reporting false weight 306 Loan, unit of area, value 413 Logs

measuring, Doyle's rule and log book used 28, 89. 160, 236 Doyle's rule not appHcable, when 160

rule 489,526

Scribner's rule 511 Scribner's Lumber and Log Book used 160, 236 Spaulding's table used 43 table showing number of feet in log of given dimensions 527 See also Lumber.

Louisiana, laws 133 Lucerne, weight per bushel 540 Lumber, cities may request inspection 217 English system of weights and measures may be employed 215 how measured 80

inspectors, board of cotmty supervisors may appoint. . . 125 duties 80,102,280,441,526 should not deal in lumber 80 vacancies, how filled 80 plank, how measiu'ed 290 standard 290 Lupines, weight per bushel 540

Ivl

Maine, laws 163 Maize, weight per bushel 542 Malt, how sold 355 weight per bushel 543 Manure, capacity of barrel of fish used 436 dimensions and forms of measure 41, 260, 49s how heaped 41,261,496
556 Index

Page

Manure, number of bushels to load 496 use of heaped measure 41, 260,496 See also FertiUzer. Marble, cities and towns may appoint surveyor of and make regulations 207 appointment of measurer of, and compensation 397 Marl, dimensions and form of measure 41,260 how heaped 41,261 use of heaped measure 41, 260 Maryland, laws 175 Mason work, perch of, number of cubic feet 45,

69, 100, 122,277,343,353,368,431 Massachusetts, laws 185 Mayor. See Cities and towns. Meadow seed, weight per bushel 540 Meal

barrel of , dimensions 362,467 how branded 88, 161, 362

weiijht 161,235,362,438 container to bear true weight 29 half barrel, weight 438 in bags, barrels, etc., weight of, to be marked 87

sale of, by cental or bushel 205 to have net weight marked 160 weight per bushel 540 buckwheat, how packed 322,323 misbranding 322,323 weight and dimensions of barrels 322,323 Indian, dimensions of barrels 322,323 how packed 322,323 misbranding 322,323 transportation of, on deck prohibited 324 weight of hogsheads 322,323

kiln-dried, full weight required 466 Meat

penalty, for marking false tare on cask, box, or barrel . . 362

for placing a less quantity therein than marked 362 Meats, fresh and salt, how sold 355 Measures

construction and dimensions, bushel, half bushel, and

peck 41 dimensions of, half bushel 76,354 subdivisions 76

for bran and shorts, capacity 319 form and dimensions 319

for charcoal 260,287,435,501

for coal - 356,430

for coke 356

for lime 356,395,396

for manure 41,260,496

for marl 41,260

for oysters 20, 180, 238, 339, 439, 496 material used 164 minimum diameter of bushel, peck, and half peck . . . 164 used for commodities sold by heap measure 260 used for dry commodities, form and dimensions . . . 319,388 See also Struck measure.

Measurers, of grain and salt 168, 194, 205

of marble 397

of wood and bark, appointment of 81, 208, 289 must not be dealer in wood 83 Mechanical devices. See Appliances and accessories.

Paee

Melon, number of bushels to barrel 463 Menhaden oil, weight per gallon 140 Merchandise, defined 331 fraudulent sale 331, 33» net weight to be marked, when 280 true weight or measure required 424 Meridian, true, and fixed standard measure to be marked . 386

Meter, equivalent in inches 3,413

international, where kept 413 international prototype, is standard 6 Meter provers, fees for testing 358 meters to be tested 366 State sealer to have charge of testing and sealing 358 Meters

gas, consumers may have tested 69

fees for testing 366 furnishing or using a false 119 making or using a false 361

to be tested by meter prover 366

water, gas, or electric, council has power to appoint

inspectors 34 Metric postal balances. Postmaster General to furnish to post ofiices exchanging mails with foreign countries . 3 ounce, avoirdupois, equivalent in grams for postal pur- poses 3

Metric system, authorized 3 equivalents in EngUsh system 3 standards of, furnished to States , 4 standards of other countries may be employed, when . . . 416

tables of length, mass, capacity, and surface measure. ... 3 use of, in medical work in War Department 5 in public deeds, contracts, and documents 416

in Public Health and Marine Hospital-Service 5 in schools 481

legal in States 134, 197>277,353,4i3,423 Michigan, laws 213 Middlings, casks for, dimensions and weight 66 weight per bushel 540 weight per sack 19

Mile, number of furlongs 387 number of yards 41, 121, 133, 260, 277,317,353 square, number of acres. . . 41, 121, 133,260, 277,317,335,353,387 MUk, Babcock test 57, 131, 172, 229, 248, 275,365,381, 481, 525 bottles and jars for, capacity 135, 279,318, 520 how marked 194,255,318,520 how filled 79

legal measures, when 194, 195 sealing 194,196,254,434,520 tolerance 79,172,194,318,520 cans for, marking 100, 307, 50J penalty for not having marked 100 penalty for mutilating 173 sealing 65,172,254,434,502 using of, unsealed 50a inch or gauge of cream 121

sale of, by beer measure 99, 224 by false measures 236,365,525 by wine measure 43,

59) 65, 135> 172, 254, 263, 279, 289, 307, 409, 434, 489

in standard bottles 279 samples may be taken for test 59 vessels used in sale of to be tried and proved 289
Index 557

Page

Millet, how sold 355 weight per bushel 540,543

Mills, penalty for using false weights and measures 107, 533 products of, how marked 237/377 taking false toll 47, 533 to brand weight on packages of flour and meal 94, 362 to keep measures 142, 150, 237,238, 247,339,466

to keep scales 210,217 to keep toll dishes 150, 237, 238,339,466

to pack com meal and chops in certain size containers .... 18

toll may be taken by weight or measure 339 weights and measures to be tested by county sealer 510 Mine cars, manner of weighine 183 marked as to weight 47 Mine scales, fraudulently using 143,314 manner of weighing cars 183 operator to provide 21, 30, 47, 109, 119, 120, 154, 183, 246,314,373,482, 512,534

testing 21,30,47, 109, 120, 143, 154, 220, 246, 266,375, 512, 534 Mine inspectors, duties of as to testing and inspecting mine

scales 22, 30, 109, 120, 143, 154, 220, 266,365,375, 483

iilineral, number of pounds to ton 242 penalty for fraudulent weighing 242 Mineral coal, weight per bushel 541 Miner's inch, equivalent 42, 265, 275 Miner's oil, weight per gallon 140 Mines and mining laws 21,47, 109, 119, 130, 142, 154, 182,

220, 246, 266,314,365. 373,411,466,482, 508, 512,534 Minnesota, laws 221 Mississippi, laws 235 Missouri, laws 241 Molasses, net weight or measure of contents to be stated. 269, 270 required to be gauged 438 sorghum, number of pounds to gallon 117, 464 Money, power of Congress to coin and fix value i Montana, laws 249 Municipal corporations. See Cities and towns. Mustard, weight per bushel 540 Mustard seed, weight per bushel 540 N

Nails, cut or wire, net weight to be branded 207 Naphtha, weight per gallon 140 National Academy of Sciences, duty 9 National Bureau of Standards, annual report i bulletins i Director, how appointed powers and duties employees, how appointed

establishment

fees for tests functions of, for whom may be ejcercised

local standards may be certified 479 name changed to regulations State sealer may refuse to compare standards not con- forming to type approved 136 State sealers' reports to be sent 136, 283 State standards and apparatus to be verified by, when . . 33,

51, 113, 136, 221, 250, 281, 298, 317, 320, 383, 384, 48s, 515 State standards procured through 311

Page

National Bureau of Standards, tolerances. State officials to consult with 256, 488 prosecutions not to be made if shortage is within 286 troy pound 2 visiting committee i weights and measures, certified by, may be sold 35,36 stamped by, legal, when 256,487 Neat cattle, weighable parts 433 Neat's-foot oil, weight per gallon 140 Nebraska, laws 267 Net-weight law 58, 89, 270, 280, 350, 458, 533 Nevada, laws 277 New Hampshire, laws 285 New Jersey, laws 29s New Mexico, laws 309 New York, laws 317 North Carolina, laws 335 North Dakota, laws 343 Nutssale of, by dry measure 177,204,288,355,434 by level measure 288 by weight or count 355 weight per bushel 541, 542, 544 O

Oat grass seed, weight per bushel 540 Oat products, to bear statement of net weight or measure

of contents 269 Oats, how sold 355 in bags, barrels, etc., weight to be marked 87 manner of marking 88 to be weighed on public scales 84 weight and measurement, per sack 19 weight per bushel 543 Oificers in charge of standards and testing, city and town. 17, 33, 34, 37, 38, 39, SS> II4> 123, 124, 137, 155, 165, 190, 235,

236, 249, 28s, 297, 299, 313, 322, 330, 356, 400, 401, 403

416, 419, 420, 455, 457, 462, 488, 492, 494, 495, 517, 523 county I7> 18, 2 7, 33 , 34, 3 7, 38, 39, 40, 43 , 46, 47, 53 , 54, 61, 91, 106, 114, 123, 137, 138, 150, 155, 164, 213, 236, 241, 249, 285 296, 299,311,312,321,337,339,345,356,

358, 359. 403. 437. 452. 462,472,492,495,499,512,530 impersonating, hindering, and obstructing 39, 56, 77, loo, 104, 116, 123, 136, 152, 161, 190, 223, 231,232,256,282,287,303,348, 488, 518 state i7i 18, 27,33,46, SI, 64, 71, 75,97,

99, 100, 105, 106, 113, 122, 123, 127, 136, 149, 155, 163, 188, 213, 221, 235, 249, 253, 257, 281, 282, 285, 296, 297, 300, 309, 321, 336, 343, 356, 379, 383, 416, 424, 425, 437. 461,471,479,485,491,495,499,509,515, 516, 529, 531 township 214 Ohio, laws 355 Ohm, unit of resistance 8 See also Electrical units. Oilweight of barrel, how ascertained, of flaxseed 363

of lard 363

of linseed 363

'

weight per gallon of castor oil 140

cod-liver oil 140 flaxseed oil 10, 363
558 Index

Page ou—

weight per gallon of gasoline 140 kerosene 140 lard oil 1407363

linseed oil 10,363

linseed oil, raw 140 linseed oil, boiled 140 menhaden oil 140 miner's oil 140 naphtha 140

neat's-foot oil 140

olive oil 140 paraflSn oil 140 poppy-seed oil 10 sperm oU 140 turpentine 140 whale oil , 140

Oils, not domestic, required to be gauged 438 vegetable, how sold 355 Oklahoma, laws 367 Oleomargarine, how sold 355 Olive oil, weight per gallon 146 Onion sets, how sold 355 Onions, ascertaining mean weight 208 barrel for, dimensions 177, 354 how branded 354 how made 354 how sold 355 Onions and onion sets, weight per bushel 543 Orchard grass seed, how sold 355 weight per bushel 543 Ore, fraudulent weighing 242

iron, hundredweight 278,354 keeping false scales for weighing loi ton of, number of pounds 242 Oregon, laws 379 Original packages, not conforming to requirements 522 unlawful to use except for the first sale within the State. . 522 Osage orange seed, weight per bushel 543 Oysters, barrel for, capacity 20, 238 how sold 20, 180, 238, 338, 410 tub for, destroyed, when 339,439 dimensions and form 20,180,238.339,439,496

illegal use 339 canned, number of oimces contained in package to be marked 439

in kegs or cans, amount of liquid allowed 330 quantity to be marked 330 out of shell, number of ounces contained in package to be marked 439

sold by wine measure 496

Packages, defined 283 fraudulently increasing weight 42,372

of butter, weight to be marked 481

of commodities, how marked 177 may be seized as evidences, when 55, 223 may be weighed, when 37 weight to be marked 87

of com meal, standard weight 339

of feeding stuff, to bear statement of weight 20,

59. 89, 96. 108, 128, 144, 145, 182, 220, 226, 237,

288, 293, 308, 349, 36s, 373, 410, 439. 458, 472,490

Page

Packages, of fertilizers, to bear statement of weight 18

29, 160, 204, 219,334, 36s, 380, 411, 436. 440, 477, 490, 49S

of food, to bear statement of weight or measure 58,

88, 89, 270, 280, 350, 458, 533

original, weight to be marked on, when 87 penalty for altering marks 126, 467 stamping false tare 42, 226, 333, 34s, 367, 380, 424, 480 stamping false weight or measure 25,333,367 Packet, of apples, capacity 99

Paint, how labeled, quantity to be marked 270, 27r,364 penalty for altering label 364 Paraf&ne oil, weight per gallon 140 Parsnips, how sold 355 standard barrel for, dimensions 177 weight per bushel 543 Peachesbasket or box for, cubic capacity 216 dimensions 306 manufacturers or dealers to mark capacity in pounds. 217 other size baskets, how marked 306 penalty for violation 306

dried, how sold 355 standard crate for, capacity 52a

of other size unlawful except for first sale within the

State s2» weight per bushel 543 Peanuts, sold by dry measure 177 weight per bushel 543 weight to be marked 88 Pearl ashes, barrels for, dimensions and minimiun weight. 364 Pears

barrel for, capacity 319.320,334,521 dimensions 334,521 double-headed, dimensions 177

of less capacity, how marked 334

of other shape, lawful 320,334,521

of other size, how marked 319,320 unlawful except for first sale within the State 522 box for. dimensions 503

crate for, capacity saa

of other size imlawful except for first sale within the

State 52* how sold 355 weight per bushel 543 Peas, how sold 355 weight per bushel 543

green, barrel for, dimensions 177 how sold 355

green, in hull, numter of bushels to barrel 463 Pecans, how sold 355 Peddler. See Driver. Pamsylvania, laws 383 Pepper, in bulk, how sold 355 Perch, number of brick per cubic foot in footwall and in 8-inch wall 45

of brickwork or mason work defined 45

of stone, number cubic feet to, in boats 69

in cars 69

in piles 69

in walls 69

of stone or mason work, number of cubic feet 45,

69, 100, 122, 277, 343, 353, 368, 451 See also Rod.

Person, term defined 58, 223
Index 559

Page

Philippine Islands, laws 413 Pico or picul, unit of weight 414 value in Spanish pounds 414 Pig iron , hundredweight 278,354 Pine-tree products, how sold 3SS Pipe, number of hogsheads 388 Pipe staves, size 291 Plank, of other thickness, how measured 290 standard thickness 290 Plastering hair, weight per bushel 542 Plums, baskets for, manufacturers or dealers in to mark

capacity in poimds 217 capacity of standard measures for, how filled 318 how sold 177,355 penalty for using package of less capacity 328 standard crate for, capacity 522 crate of other size unlawful except for first sale within

the State 522 variation allowed 328 weight per bushel 540 Police powers, of sealers and inspectors 39, 54,55, 116,223,252, 258,431,486, 518 Pop com, shelled and in ear, how sold 355 weight per bushel 543 Poppy-seed oil, number of pounds to gallon 10 Pork, altering inspector's marks on barrel 119 barrel of, weight for exportation 363 barrels and half barrels for 363 barrels for, capacity of tierce. 324 how made 324 weight 117,324,432,438,463 fraudulent packing 153 fraudulently measuring weight 96 packing less than required weight 118 Porter, wine measure used for, in collecting revenue 9 Porto Rico, laws 423 Postmaster General, to furnish metric balances to post

offices exchanging with foreign countries 3 Pot ashes, barrels for, dimensions and miTiiTniim weight. 364 Potatoes, ascertaining mean weight 208 barrel of, capacity 319,320 dimensions 177, 354 how marked 88,319,320 number of bushels 463 other size 319,320 weight 56, 150, 169, 185,319,463, 521 how sold 355 requiring more than legal weight 332 weight to be marked, when 87 sweet

barrel of, dimensions 177 how marked 88 number of bushels 463 weight 185,463 weight per bushel 544 weight to be marked, when 88 Poultry, how sold 54 Pound, EngUsh avoirdupois equivalent in grams 415 number of in kilogram 413 value of derived from kilogram 6 Power, electrical tmit of g See also Electrical units.

Page

Powder, weight of kegs 397 weight of package 144 Premiums, food products misbranded when containing. . 270

Prizes, food products misbranded when containing 270 Produce, repacking in barrels, etc., without obliterating marks 329 standard barrel for, dimensions 354 how branded 354 how made '. 354 Proof spirits, nimiber of gallons to barrel 10 standard 9 Prunes, how sold 355 weight per bushel 540 Public Health and Marine-Hospital Service, use of metric system in 5 Public lands, how divided, size of township 15 Public scales, counties, cities, and towns may provide or designate 18, 165, 179, 224, 264, 293, 303, 344, 406, 407, 455, 53» regulations concerning 242,268

testing and inspecting 125,

151, 268, 304, 369, 406, 407, 427, 429, 464, SIC weighing commodities 84, 179, 200,437,494,510 weighmasters 85, 124, 194, 224) 225, 268, 287, 344, 368, 406, 407, 455, 473, 475 Q

Quantity, electrical unit 8 See also Electrical units. Quart, wine measure, number in liter 413 Quilate, or international carat, value in milligrams 414 Quinces

barrel for, capacity 319,320,334 dimensions i77>334 other shape of 319,320,334 other size of 319,320,334 how branded 320,334 how sold 355 weight per bushel 544 Quinon, unit of area, value 415 Quintal of fish, number of pounds 203 unit of weight 414 R

Radish seed, weight per bushel 540 Railroad and warehouse commission, department of weights and measures under control 221 may test and seal scales 457 State weighmasters in, appointed nj

to inspect all sealing devices 227 to supervise handling of grain, etc 457 Railroad commission has supervision of hay and grain weighing 506

Raisins, how sold 355 Rape seed, how sold 355 weight per bushel 544 Raspberries

container for, capacity 204, 205, 289, 318, sm

how filled 289,318 may be seized, when 204, 205, 28S may be tested, when 303
560 Index

Page

Raspberries

container for, not required to be sealed 205

of less capacity 204, 205, 328, 522 variation allowed 328

sale of, by dry measure 177 weight per bushel

Record, sealers to keep, of work done 39,

54, 73, 114, 115, 139, 151, 163, 176, 181, 200, 283, 286, 300,312,322,345,419, 51S State sealers to keep , of work done 113, 136,221, 253,337,383,426,486,516 Redtop seed, how sold 355 weight per bushel 544 Registered tonnage of ships 16 Report, Director Bureau of Standards to make i Reports, diplomatic and consular, manner of expressing weights and measures 9

sealers to make 54, 114, 115, 139, 151, 157, 176, 181, 189,

253. 259. 300, 312, 322, 383. 426, 518 State sealers to make 52, 113, 114, 136, 163, 221, 253, 283.300,321,383,426,487,516 Resistance, unit , 8 See also Electrical units. Rhode Island, laws 425 Rhubarb, weight per bushel 540 Rice, deductions from weight to be made, when 92 fraudulently increasing weight. 424 how sold 355

tare on, to be actual 93 weight per bushel 543 Rod, pole, or perch, equivalent 41, 121,133, 260, 277. 317.33s. 353. 387 Rolls and fancy bread 204 Roots, barrel for, dimensions 216 form and dimensions of measure 41, 260 how heaped 41 , 261

sale by heap measure 41,260 Rough rice, weight per bushel 544 Rules and regulations

may be made for allowances on weight of food packages , 58 marking weight on food packages 269 weighing and handling of grain 231,245,348 weighing of cars and freight 274 promulgated 258,269 State sealer may issue, for guidance of inspectors 52,

113, 114, 136, 221, 257, 269,488, 516 Rutabagas, weight per bushel 544 Rye, how sold 355 sack of, capacity 19 weight 19 to be marked 88 weight per bushel 544 Rye Flour

barrel for, dimensions 66,323 weight of and subdivisions 66, 134, 219,323 Rye Meal, weight per bushel 544 S

Saccharometers, standard for collection of revenue 9 Sage, weight per bushel 540 Salads, weight per bushel 540

Page

Salaries of weights and measures ofBcials, of county, city, and town 53,7i,ii4i

188, 224, 249, 298, 313. 321 . 322, 330, 360, 391 , 428, 515,517

of State ofBcials 71, 100, 126, 188, 298, 33 7, 383, 485, 515, 529 See also Fees and compe'nsations.

Salt, altering inspector's marks 119 ascertaining mean weight 208 barrel of, tare 364 weight 40a fraud in packing 118,153,466 hogshead of, number of bushels 168 how sold 355 measurers 168,194 weight per bushel 544 weight to be marked 363 Sauer kraut, how sold 355 Scalage, unlawful to deduct for 29,94, 162, 237.340.441,469

Scales. See Testing of weights and measures; False weights and measures; Public scales. Schools, metricsystem to be taught 481 Scribner's lumber and log book, use 160, 236 Scribner's rule for measuring timber 511 Sea-island cotton seed, weight per bushel 542 Sealing device, railroad and warehouse commission to ap- prove, when ; 227 Section of land, size 15 Seeds, definition 128 fraud in weight of shipments 142 net weight to be marked 128 Shad, number contained ta package to be marked 439 Shale, number of bushels to ton 11 weight per bushel 540 Sheet-metal gauge, variations allowed in use 7 Shingles, inspectors 125 number of pieces to bundle 290 thousand 396

sizes and grades 125,290 weighers 504 Ship timber, number of cubic feet to ton 290 rule for measuring 290 Shipmasters, to keep proper weights and measures 15 Ships, mode of measuring tonnage 15 registered tonnage, manner of measuring 16 Shocks, size 291 Shorts, measure for, form and dimensions 319 net weight to be marked 160 number of quarts to bushel 319 weight per bushel 544 Shrimp, how measured 162 weight of basket 162

Silver, coin and sterling, percentage of pure metal re- quired 361 Sirups, net weight or measure to be stated 269, 270 required to be gauged 438 Skein, of sewing silk, length of and number of threads 57 Slate, for roofing, requirements for underlap 489 Smithsonian Institution, furnished complete set of all weights and measures adopted as standards 4 repairs to standards furnished s replacing lost standards 5 Soap, net weight to be marked on packages 364 Soapstone, surveyor 207 Sorghum seed, weight per bushel 544
Index 561

Page

South Carolina, laws. f. 437 South Dakota, laws 451 Spanish units, inch 414

foot 414 oonce 414 pound 414 Spauldine's table for measurinj logs 43 Specific gravity, standards for determining 416 Spelt or spilt, weight per bushel S44 Sperm oil, weight per gallon 140

Spice, net weight to be marked on package 227 Spices in bulk, how sold 35S Spinach, barrel for, dimensions 177 how sold 355 weight per bushel 54°

Spirits, concerning internal revenue 9 standard gallon 9 Standard gauge, for sheet and plate iron and steel 7 variations allowed 7 Standard of weights and measures, power of Congress to fix i Standards

dty and town, care 34.

S3, 188, 190, 286, 298, 404, 425, 462, 488, 495 dupUcate set 192,300,463 furnishing or procuring 33,53.

158, 189,285,300,356,357,401.

402, 404, 417, 42s, 488. 491. 516

list 188,285,423 cotmty. care 34, 53. 62, 64, 17s, 197, 285, 298, 386, 404, 437, 4-1, 495, 509 character 27,61,137,149,164,262,309 dupUcate sets 300,452,461 furnishing or procuring 17, 27, 33, 46, 53, 92, 123.

149, 156, 164, 213, 233, 241, 300, 309, 311, 321, 338, 346. 356. 384. 38s. 404, 452, 461, 471, 491, 499, 509, 529, 531 metric 3 authorized 277 furnished States 4

State, care 18, 33 , 46, 51 , 64, 105, 123, 163, 221, 249, 281, 300, 343, 356,

383, 424, 437, 461,471, 491, 499, 509, 529 duphcate set 186,317, 45

1

procuring 97,300,311,343,384

repairs 4

replacing lost 4 what are 17,27,33,43,51,61,87,91,97,99, 103, 113.

121, 133, 149, 155, 164, 175, 213, 235, 249, 259, 267, 277, 28s, 295, 300, 309, 317, 333, 343, 346, 353, 379, 383, 384, 425. 437. 451. 461, 471,479,485, 491, 499, 509-515, 529 township, township board to procure 214 township clerk to procure, when 315 used in customhouses, repairs 4 semiyearly comparison 14 used at mints or assay offices, penalty for altering 14 State board of health, to cooperate with inspectors 139 to enforce laws 134 to procure standards 139 State grain commission, duties 103 who shall constitute 102 State grain inspection department, duties 143 State hay and grain commission, control of scales 103 State railway commission, powers of as to weighing cars and freight 273 Staves, size 291,396

Page

Steam, defrauding buyer or seller 524 Sterling silver, percentage of pure metal required 361

sale of goods improperly marked 361 Stone, perch of

number of cubic feet 45,69, 100, 123, 277,343,353,368,451

in boats 69 in cars 69

in piles 69 in walls 69 Stone coal, weight per bushel S4r Straw, fraud in baling 400,403 fraud in marking 403 how graded 306 how sold 84

tare 336 ton 84,117,178

variation from weight allowed 326,333 weighing and inspection 84, 206, 307, 230, 231 weight of baling material 326,333 weight to be marked 326,333,403 Strawberries

basket or box for. capacity 204, 389, 318, 533 how filled 289,31$ not conforming to standard 305, 328, 523 not required to be sealed 205

sealers may seize, when 203, 289 may test, when 205, 289 how sold 177, 523 variation allowed in sale 338 weight per bushel 540 Struck measiu-e, for bran and shorts 319

for charcoal 287 how filled 105,118,149,354 niunber of cubic inches 56, 519 used for nuts and berries, when 305 Sugar, fraudently increasing weight 96,434

full weight or measure required 434 how sold 35s net weight or meastire to be stated 269,270 weight to be marked 14 Sugar cane, weight per bushel 540 Sunflower seed, weight per bushel 540 Surveyors, may give evidence concerning measurement

of land, when 331 not to give evidence, when 359 penalty for using unadjusted instruments 387 required to adjust compass 386

ascertain variation of needle 386

verify chain 386 Surveyors' apparatus, annual test 210

to compare to standards 464 who may test aio Swedish seed, weight per bushel 539 T

Tare, failing to mark 361 making greater deduction than shown 477 on barrels and casks 302,363,364 on breadstuffs 66 on butter 36a on cotton , 93,293,441 on flour 94,340,363 on grits 94 on hay 84,333

8s78°-i2 36
562 Index

Page

Tare, on hops 325, 501 on meal 9+7362 on meat 362 on rice 93 stamping false 23

,

2S, 42) 66> 81, loi, 226, 262, 333, 345, 367, 380, 424, 455, 480 Taximeters, commissioner to make rules and regula- tions ig6 may be condemned or seized 196 testing and sealing 196 Tea, how sold 355 net weight or measure to be marked 269, 270 Tennessee, laws 461 Teosinte, weight per bushel 540 Terrapin, number contained in package to be marked 439 Testing of weights and measures, annual test of standards used at mint at Philadelphia a city and town standards 18, 33,34> 52) 113) 136) 139) i63) 189, 190, 250, 285, 286, 298, 320,

SSfi) 360, 383, 404,416,427,479,485,487,491,494,515,516 county standards iS, 2 7, 33, 34, 51, 62, 64, 106, 113, 133, 136, 163, 164, 213, 250, 285, 298, 310. 320, 343, 356, 386, 404,461,491,499,510,530 standards of institutions and private firms 4, 52, n3, 136, 221, 250, 320, 486, 516 State standards 33,

SI) "3) 136) 187, 221, 250, 281, 298, 320, 384, 485, 515 trade weights and measures, kept by banks. . 210, 495, 511, 533 kept for sale 35)72)iS7)i67)4i7

refusing or neglecting to have tested 39, 73)74)87)124, 190,256, 303,421,488

sealing or condemning without testing or sealing in- correct apparatus 39)139)253)282,309,487,518 State officials may test 52, 97, 99, 127, 136, 163, 221, 235, 250, 281, 321,355, 356, 425,486, 516 using unsealed apparatus 74)91)251)337)358,421,464,495 when tested annually 30,151,

158) i6s, I7S) 19O) 214, 215, 221, 250, 322, 345,

427. 452, 462,464, 486, 494, 499, 517, 530, 532 at other periods 35)61,64,72,73,91,93,137, 138, 139) 254, 259, 299, 312,322, 337, 360, 401, 424, 455, 510 semiannually 37) 53) 114 testing upon request 27,36,

106, 136, 165, 190, 236, 241, 259, 299, 4S3, 472) 495) 5") 531 Texas, laws 471 Thread, variation allowed 329 weight or length to be marked 57, 208,329, 433 Tierces, for fish, weight 202 Timbercubic foot of, how measured 290 number of feet 290 number in ton 290 how measured 340, 396 how sold 242,440

rule for measuring 92, 290, 422, 440, 489, 511, 527 " side and edge ' ' measurement illegaf 440 standard scale 537 use of other scale 537 Timber inspector, election 440 Time, standard for State 58 Timothy seed, how sold 355 weight per bushel 544

Pace

Tobacco, altering inspector's marks 119 exact weight to be given regardless of condition 469 fraudulently increasing weight 153 , 424, 468 packing less than required weight nS

weight to be marked ig2 Tobacco scales, inspection 466 Tobacco weighers, election 468

Toll. See Mills. Tolerances

allowed on, apparatus 77) 78) 302, 336, 463 bottles and jars 79, 172, 194, 195,318, 520 coins 13 commodities, coal 326,389 com meal 94

floiU- ; 94

fruit packages 328,329

grits 94

liay ' 326,333

in general 136,263,281 package goods , 58, 269, 468 thread 57)329 ice-cream boxes 78,79 in use of sheet-metal gauge 8

of Bureau of Standards recognized 286 prescribing 73)256,302,350,488,516,533 Tomatoes, how sold 355 weight per bushel 544 Ton, number of pounds n,

25) 4I) 45) 56, 99) loSi 133) 149. i67) i85) 24r, 260,

261, 267, 378, 295, 318, 354, 388, 480, 489, 500, 521

of, bark, number of pounds 388

of coal, number of bushels ir,47, 261 number of cubic feet 50 niunber of pounds 13,

21, 25, 42,47, 79, loi, i6o, 170, 178, 199, 224, 236, 242, 261, 262, 264, 279, 318, 326,356, 388, 389, 394, 411, 430, 431, 480, 502, 503 variation allowed 326,389

of culm, number of bushels n

of grain, number of pounds 368

of hay, how measured 262,311,533 number of cubic feet 261,311,343,367,451,533 number of pounds , 25, 42,84, loi, 117, 178,261, 262,267,343,367,451,480,503

of hemp, number of pounds 150

of lead, number of pounds 343

of mineral, number of poimds 343

of ores, number of pounds 243

of shale, number of bushels 11

of straw, number of pounds 84,117,178

of timber, number of cubic feet 290

of zinc, number of potmds 34a Tonnage

of ships, mode of measuring 16

registered, how measured 16

Tools. See AppUances and accessories. Township, size 15 Track scales, fees 77, 147, 507, 508 maintenance and supervision 63, 237, 230, 244, 245, 274 railroads to provide 28, 29, no, III, 129, 146, 147, 273, 503, 504, 505, 506, 507, testing -. 77,109,227,427,503,506, 507 tolerance 78
Index 563

3- 6- 413-

• Page Troy poimd, of the Bureau of Standards made standard

for coinage 2 Truck barrel, dimensions 493 use of flour barrel, boxes or crates not prohibited 493 Tub, for butter, -n-eight to be marked 433

for manure, dimensions 496

for oysters, destroyed, when 339- 439 dimensions and form 20, 180, 238,339,439)496

illegal use 339 Tun, nimiber of pipes 388 Turnips, barrel for, dimensions 177 how sold 355 munber of bushels to barrel 464 weight per bushel 544 Tmpeutine, soft, barrels for, dimensions 92 weight per gallon 140

TJ

United States, laws i Units of weights and measures

units of length, English sj-stem meter and subdi^-isions and multiples metric S5'5tem yard and subdivisions

121, 133, 164. 1S7, 224, 260. 277,317,353, 387 tmits of mass, gram 4,413! kilogram

metric sj-stem pound, ratio of avoirdupois to troy

56, 121, 164. 185,260, 267. 277, 353. subdivisions of 164. 277. 353, Spanish units troy pound

units of surface, are hectare

list grren

metric system, equivalents in English system

Spanish units, equivalents in metric system 414, square meter

square 5-ard 40,121,277.353. imits of voltune and capacity, apatan

arroba bushel and subdivisions

87, 121, 133, 176, 224, 260, 267, 278, 318, 354. 384, 388, cavan chupa

gallon 41,56,87.99,122,

176, 186, 224, 260, 278, 2S5, 318, 334, 3S4, 387, 461: ganta

liter material and construction metric units, equivalents in English system

Spanish units, equivalents Upland cotton, weight per bushel Utah, laws

3,413

3 424

3

40, ,461 .424 4,6

4

41. 354

334 A^A

3 413 423 3174

.413 423

.387 413

413

41,

. 461 413

413

133

1

,521 414

,423 164

3 414

542 479

Vara, tmit of length value in meters ... 4-^4 yard substituted V egetables, boxes or baskets for, to be of represented ca- P^aty

Page

Vegetables, canned or preserved, how marked 328 dimensions of barrel 177,216,354

half bushel and parts used 500, 519 how sold 74.177,204,288

sale by heaped measiu-e 5°° Velvet grass seed, weight per bushel 540 Vendor. See Driver. Vermont, laws 485 Vetches, weight per bushel 540 ^Tnegar, proof gallon 11 required to be gauged, when 438

Virginia, laws 491 Visiting committee, to Bureau of Standards, period of service of members 3 Volt, unit of electromotive force 8

See also Electrical imits.

Wagon scales, cities and towns may maintain, when

railroads to provide at State inspection points

sealer to test every six months

Walnuts, how sold sold by strike or level measure, when

weight per bushel Warehouse scales, control of, who has 103, insi>ection 103,111, subject to experiment and test by inspector

subject to inspection

to be provided Warehouses, establishment examination of grain and scales inspector to be apix)inted by fiscal court, when

penalty for neglect of inspection, etc

scales used in, subject to inspection

supervision 145, use of incorrect scales under management of commissioners of railroads weighing of grain weighing of tobacco Warrant. See Police power. Washington, laws Water, acre-foot 2jj, cubic foot of, per second, equivalent in miner's inches .

.

manner of measuring number gallons unit of measure 46,265,275,482,502, defrauding buyer or seller inch of, value

miner's inch Water meters, inspectors of. may be appointed Watt, unit of power

See also Electrical units. Weighers, of beef, appointment

of boilers

of coal, appointment gi, must not deal in coal sex no bar to eligibility of cotton, duties, etc

for Honea Path

for Lancaster Coimty

for Pickens and Oconoc Counties may be elected 442-44.' 144- 445- 446-

442:

345 427

3SS

35 S44 244

146

243 373

15a

152

III

153

153 343

146

III 348

457

182

499

482

375 263

263 S34

524

45

42 224

9

24

194

198

83 198 446

443 44S

444

468
564 Index

Page

Weighers, of fish 203

of grain 153

of hay 206

of neat cattle 433 of rice 92

of salt and grain 194

of shingles and lumber 504

of tobacco 468 Weighman, at mines, duties 109,

119, 130, 143, 184,314,374, 508, 534 Weighmasters, control of, by railroad and warehouse commission 228,230

for public scales 85, 124. 194> 2a4> 225, 268, 287, 344i 368, 406, 407, 455, 473, 475

for railroad track scales 147 impersonating 77 making false entry of canal boat weight 332 penalty for absence from duty 84

State, appointment of, in cities 112 to test track scales 503 warehouse 42,244 Weights. See Testing of weights and measures; False weights and measures. Weights and measures, extension of time for use of certain. 415 West Virginia, laws 509 Whale oil, weight per gallon 140 Wheat, how leveled 118,149,468 weight and measurement of, per sack 19 weight of, to be marked 88 weight per bushel 544 Wheat products, net weight or measure of contents to be marked 270 Whortleberries, sold by dry measure 177 Wine, penalty for selling "half wine" without label 332 required to be gauged, when 438 Wine gallon, used in internal revenue 9

Page

Wisconsin, laws 515 Woodcord of, dimensions. 82, 92, 169, 209, 289, 340, 353, 398, 435, 489, 492 ntmiber of cubic feet. . . 12,82,83, 169,224, 279,289,353,489,492 number of baskets 43 5 corder of, not to deal 398

for public use to be weighed or measured 12 how measured and packed 82, 92, 169, 209, 398

inspectors and measurers 12,208

sale of, certificate 279,312 dties and towns may regulate 169, 198, 237, 243, 271 without being measured 209

seizure 398

size of, for cordwood 169,209 kindling, bags for 199 basket for 435

size of bundles 199 Wool, fraudulently increasing weight 25,42,262,480 Woolen goods, penalty for misrepresenting quality 178 Work, mechanical, council may provide for inspection and measuring 246 unit 9 Wrapper, false, used with intent to deceive 332 not to be included in weight of article 263,350 using false marks 332 Wyoming, laws 529 Y

Yard, number of square yards in acre 335 substituted for vara 310 value derived from meter 6 Z

Zinc, iftimber of pounds to ton 242 penalty for fraudulent weighing 942 o