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 UNDER THE DIRECTION OF L. A. FISCHER, CHIEF OF THE DIVISION OF WEIGHTS AND MEASURES, BUREAU OF STANDARDS WASHINGTON GOVERNMENT PRINTING OFFICE 1912 * , . *.< . , . * * ** C.i CONTENTS. Pace. 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 I/-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 Louisiana 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 in 537 545 245773 LETTER OF SUBMITTAL. DEPARTMENT OF COMMERCE AND LABOR, BUREAU OF STANDARDS, Washington, January i, SIR: I have the honor to submit herewith for publication a revised com- pilation 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 found 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 amount 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. 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 until 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 pound, the English yard, the wine gallon 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 undertaken in order to supply the customhouses with uniform weights and measures. In 1836 a joint resolution of Congress directed the Secretary of the Treasury to deliver to the governor of each State in the Union a complete set of all the weights and measures adopted as standards by that department, to the end that a uniform standard of weights and measures might be established throughout the United States. Nearly all of the States have been supplied 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 fundamental 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 units 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; 7% pounds of linseed 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. VII 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 La others at 2240 pounds. This diversity causes confusion hi 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 units to one another fixed except by custom. It is therefore not possible to give a list of the legal weights and measures of this country, such as may be found in foreign countries 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 pound were recognized by the Treas- ury Department as the standards of the United States, but on account of the Introduction IX inferior character of the copies of these standards in the possession of the depart- ment, it was decided that greater stability and higher accuracy would be obtained by accepting the international meter and kilogram as the fundamental standards of the United States. 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=|||^ meter, and i pound avoirdupois=iT7WT 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 found 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 publica- tion 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 per- tinent 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 sub- sequently 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 were found which were not in- dexed under the title "weights and measures;" and it frequently became neces- sary, 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 implica- tion, 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 Library 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 under 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, 1911, ch. , p. ," and it is therefore unnecessary 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, con- stituting 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 found. 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 * * * To coin Money, const ( u 5 s Art i regulate the Value thereof and of foreign Coin, and fix the Stand- 8< *v 8> 1 pa V t % - ,. . , i - r National standard of ard Of Weights and Measures ; weights and measures The Office of Standard Weights and Measures shall hereafter origuJa %$, ch. 8 72> be known as the National Bureau of Standards. 9 * 9 '* 4m That the functions of the bureau shall consist in the custody v ' of the standards; the comparison of the standards used in scien- standards tine investigations, engineering, manufacturing, commerce, and custody of standards educational institutions with the standards adopted or recognized by the Government ; the construction, when necessary, of standards, their multiples and subdivisions; the testing and calibration of construction oi standard measuring apparatus ; the solution of problems which 8 Tes ts s arise in connection with standards; the determination of physi- cal 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 sufficient accuracy elsewhere. That the bureau shall exercise its functions for the Government of the United States; for any State or municipal government sec. 3 ..i . ,1 TT ., < n, p . .. f. * ,. ., For whom its func- within the United States; or for any scientific society, educa-tions may be exer- tional institution, firm, corporation, or individual within the cise United States engaged in manufacturing or other pursuits requir- ing 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 established. That the director shall be appointed by the President, by and with the advice and consent of the Senate. He shall have the |f,^| tor general supervision of the bureau, its equipment, and the exer- powers and duties cise of its functions. He shall make an annual report to the Annual report Secretary of the Treasury, 1 including an abstract of the work done during the year and a financial statement. He may issue, when necessary, bulletins for public distribution, containing such inf or- tto n ulletma of mforma - mation as may be of value to the public or facilitate the bureau in the exercise of its functions. 1 By the act 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 there- fore be substituted for " Treasury" wherever occurring in the original act. 8578 12 1 ! Concerning Weights and Measures Sec. 6 Appointments Sec. 8 Fees for tests, etc. Sec. 9 Regulations Sec. 10 Visiting committee That the officers and employees provided for by this Act, except the director, shall be appointed by the Secretary of the Treasury, 1 at such time as their respective services may become necessary. That for all comparisons, calibrations, tests, or investigations, except those performed for the Government of the United States or State governments within the United States, a reasonable fee shall be charged, according to a schedule submitted by the director and approved by the Secretary of the Treasury. 1 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, 1 to consist of men prominent in the various interests involved, and not in the em- ploy of the Government. This committee shall visit the bureau at least once a year, and report to the Secretary of the Treasury, 1 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 occur- ring 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 " samen " coins of the United States to the provisions of the laws relating weigh * fto coinage, the standard troy pound of the Bureau of Standards o f 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.,3S49, as amend- It shall be the duty of the Director of the Mint to procure for ed stoda 4 rd I9 weight breach mint and assay office, to be kept safely thereat, a series of mints and assay offices stanc j ar( i we ights corresponding to the standard troy pound of the Bureau of Standards of the United States, consisting of a one- pound weight and the requisite subdivisions and multiples thereof, from the hundredths part of a grain to twenty-five pounds. The troy weight ordinarily employed in the transactions of such mints and assay offices shall be regulated according to the above stan- dards at least once in every year, under the inspection of the super- intendent and assayer; and the accuracy of those used at the (1873) Troy pound 1 Now Secretary of Commerce and Labor. United States I4 stat ' 3S69 Mint at Philadelphia shall be tested annually, in the presence of Annual testtag 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 exchang- R . Jf^S/*"' ing mails with foreign countries, and to such other offices as he may 30 i 7 s fc a i 3 ' 5 ch ' 335> p ' deem expedient . postal balances denominated in grams of the metric Metric postal bai- V7T r i-it. u i ,1 1 . r . ances for post offices 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, *S establishing, in terms of the weights and measures now in use in Authored tables oi , T -. j Vvt J.-L i j. j.1 -LJ. j the United States, the equivalents of the weights and measures expressed therein in terms of the metric system ; and the tables may lished lawfully be used for computing, determining, and expressing in customary weights and measures the weights and measures of the metric system. MEASURES OF LENGTH Tables of units _ Length 340 ch weights and measures estab . Metric denominations and values Myriameter 10,000 meters. Kilometer 1,000 meters. Hectometer 100 meters. Dekameter 10 meters. Meter i meter. Decimeter A of a meter. Centimeter yj^ of a meter. Millimeter y^j of a meter. Equivalents in denominations in use 6.2137 miles. 0.62137 miles, or 3,280 feet and 10 inches. 328 feet and i inch. 393.7 inches. 39.37 inches. 3.937 inches. 0.3937 inch. 0.0394 inch. MEASURES OF CAPACITY Capacity Metric denominations and values Names Number of liters. Cubic measure Dry measure Liquor or wine measure Kiloliter or stere. . Hectoliter 1,000 i cubic meter fy of a cubic meter 1.308 cub. yards 2 bushels and 3.35 264.17 gallons. 26.417 gallons. Dekaliter 10 cubic decimeters pecks. 9.08 quarts 2.6417 gallons. Liter i cubic decimeter 0.908 quart 1.0567 quarts. Deciliter JL Y\J of a cub. decimeter. . 6.1022 cub. inch 0.845 Bill. Centiliter -4_ 0.338 fluid ounce. Milliliter _JL_ i cubic centimeter 0.061 cub. inch 0.27 fluid dr?m. Equivalents in denominations in use Surface Weights Laws Concerning Weights and Measures MEASURES OF SURFACE Metric denominations and values Equivalents in denominations in use Centare i square meter. 1,550 square inches. WEIGHTS. Metric denominations and values. Names. Number of grams. Weight of what quantity of water at maxi- mum density. Avoirdupois weight. Millier or tonneau 2204.6 pounds. hectoliter. Myriagram 10,000 o liters 22.046 pounds. Kilogram or kilo liter 2.2046 pounds. Hectogram IOO deciliter 3.5274 ounces. Dekagram o cubic centimeters. . . ... 0.3527 ounce. Gram Decigram fa fa of a cubic centimeter I -543 2 grains. Centigram o cubic millimeters 0.1543 grain. Milligram , cubic millimeter 0.0154 grain. Equivalents in denomi- nations in use. and measures 6 Be it resolved 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 ^1^1 directed to fumish to each State, to be delivered to the Governor metric system to be mr- thereof, one set of standard weights and measures of the Metric nished to the States ' system for the use of the States respectively. Res. NO. 26, 21 stat., Resolved, by the Senate and House of Representatives of the 52 standard weights United States in Congress assembled, That the Secretary of the Treasury be, and he is hereby, directed to cause a complete set of all the weights and measures adopted as standards to be delivered eg es r aericultural col -to the Governor of each State in the Union, for the use of agricul- tural colleges in the States, respectively, which have received a grant of lands from the United States, and also one set of the same inftitution Smlthsonlan ^ or ^ ie use f t* 16 Smithsonian Institution: Provided That the cost of each set shall not exceed two hundred dollars, and a sum suffi- cient to carry out the provisions of this resolution is hereby appro- priated out of any money in the Treasury not otherwise appro- priated. ^] ch 66 Hereafter such necessary repairs and adjustments shall be made 7> to the standards furnished to the several States and Territories as mSsuresas may be requested by the Governors thereof, and also to stand- United States ard weights and measures that have been, or may hereafter be, supplied to United States custom-houses and other offices of the United States, under Act of Congress, when requested by the Sec- retary of the Treasury. 1 The Secretary of the Treasury * * * * is * * * author- ized and directed to furnish precise copies of standard weights and S ec 8 i Stat '' ch 30I> 383> measures bearing the seal of the office of construction of standard ard weight! an S d nS- weights and measures of the United States, and accompanied by a ures suitable certificate, to any State, Territory, or institution hereto- fore 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 stand- ards 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 gov- Officers shall, for all official, medical, and pharmacal purposes, u and make use of the metric system of weights and measures. In ex- Hospital service . . . J . , Promulgated by the pressing quantities by weight the terms of "gram and "centi- pre sidentNov. 21,1902 gram," and in expressing quantity by measure, the term "cubic- Metric 2 system re- centimeter," only shall be employed. work Units of weight and measure In recording thermometric observations, officers shall make centigrade tnermo- ,. IP .1 ,- 1 , metric scale required use of and refer to the centigrade scale. Upon the publication of the new supply table and receipt of S e2SS y l Swl? d by the new forms, all requisitions, invoices, 'receipts, and returns q u ^ e e d r m nSSSawn* pertaining to medical supplies will be in accordance with the m War Department metric system of weights and measures. After the 3oth day of Tune, 1894, the use of this system in Required in aii pre- ... ~, , , .-*. , scnptions writing official prescriptions is desired; on and after the ist day of January, 1895, such use is hereby ordered. Metric measures, weights, and prescription blanks will soon be issued to all posts without requisition. 1 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 ounce = 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 "Tpprove^by'secre- approval of the Secretary of the Treasury 1 , will in the future, Sr s f iS e Treasury> regard the International Prototype Metre and Kilogramme as derived from in ^neter^ un( ^ amenta ^ standards, and the customary units, the yard and and kilogram. the pound, will be derived therefrom in accordance with the Act of July 28, 1866. 1 Now Secretary of Commerce and Labor. United States For the purpose of securing uniformity the following is estab- 27 &,**$ , 3I> 746 , lished as the only standard gauge for sheet and plate iron and sec j tandard steel in the United States of America, namely : 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 square foot in ounces avoir- dupois. Weight per square foot in pounds avoirdu- pois. Weight per square foot in kilo- grams. Weight per square meter in kilo- grams. Weight per square meter in pounds avoir- dupois. ooooooo 1-2 o-s 12.7 320 20.00 9-072 97-65 315. 38 oooooo 15-32 46875 11.90625 300 18.75 8.505 91-55 301. 82 ooooo 7-16 4375 11.1125 280 17-5 7-983 8s-44 188.37 0000 13-32 40625 10.31875 260 16.25 7-371 79-33 174.91 000 3-8 375 9-525 340 15 6.804 73-34 161.46 00 11-32 34375 8-73125 220 13-75 6.337 67-13 148.00 5-i6 3125 7-9375 200 12.50 5-6? 61.03 134- 55 X 9-32 . 28125 7-14375 180 11-25 5-103 54-93 121.09 3 17-64 . 265625 6. 746875 170 10. 625 4.819 51-88 114-37 3 1-4 25 6-35 160 IO 4-536 48.83 107. 64 4 15-64 234375 5-953I25 150 9-375 4-252 45-77 100.91 5 7-32 .31875 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-i6 1875 4- 7625 1 20 7-S 3.402 36.62 80.72 8 11-64 171875 4- 365625 no 6.875 3.118 33-57 74-oo 9 5-32 15625 3- 96875 IOO 6.25 2-835 30-52 67.27 10 9-64 . 140625 3-57I875 90 5-625 2-552 27.46 6o-5S ii 1-8 125 3-175 So 5 3.368 24.41 53-82 13 7-64 109375 2.778125 70 4-375 1.984 31-36 47.09 U 3-32 09375 2.38125 60 3-75 i. 701 18.31 40.36 14 5-64 .078125 I-98437S 50 3-125 1.417 15. 36 33-64 IS 9-128 .0703125 I- 7859375 45 2.8135 i. 376 13-73 30.27 16 1-16 0625 I- 5875 40 2-5 i-i34 13. 21 26.91 i? 9-160 05625 1. 42875 36 2. 25 I.O2I 10.99 24. 22 18 I-2O 05 1.27 32 2 .9072 9-765 21-53 19 7-l6o 04375 1. 11125 28 1-75 7938 8-544 18.84 20 3-80 0375 9525 24 1-50 .6804 7-324 16. 15 21 11-320 034375 873125 22 1-375 .6237 6-713 14.80 22 1-32 03125 793750 2O 1-25 567 6-103 13.46 23 9-320 .028125 7M375 18 1.135 5103 5-493 12. II 24 1-40 025 635 16 I 4536 4.883 10. 76 25 7-320 .021875 555625 14 -875 3909 4.272 9.42 26 3-100 01875 47625 12 75 3402 3-662 8.07 27 11-640 .0171875 . 4365625 II .6875 3"9 3-357 7.40 28 1-64 .015625 .396875 IO -635 2835 3-052 6-73 29 9-640 . 0140625 3571875 9 563S .2551 2-746 6-05 3 1-80 .0125 3175 8 5 .2268 2.441 5-38 31 7-640 .0109375 2778125 7 4375 .1984 2. 136 4.71 32 13-1280 .01015625 25796875 6X 40625 .1843 1.983 4-37 33 3-320 009375 238125 6 375 . 1701 1-831 4.04 34 11-1280 00859375 .21828125 ' 5 1 /' 34375 1559 1.678 3-70 35 5-640 .0078125 1984375 5 3125 .1417 I-526 3-36 36 9-1280 .00703125 17859375 4^ .28135 . 1276 1-373 3-03 37 17-2560 . 006640625 . 168671875 4K . 265625 1205 1.297 2.87 38 1-160 .00625 I587S 4 35 34 I. 231 2.69 tor sheet and plate iron and steel Sheet-metal gauge 1 0.21828.125 vd. R. S., 3570. 8 Laws Concerning Weights and Measures And on and after July first, eighteen hundred and ninety three, same an d 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 reparation of gauge upon any articles which may be imported, standards f^e $ ecre tary of the Treasury 1 is authorized and required to prepare suitable standards in accordance herewith, sec. 3 In the practical use and application of the standard gauge Variations allowed in , ., , 11- i j . * . j i_ ir use hereby established a variation of two and one-half per cent either 2 8 statfdJ. 131. P. way may be allowed. IO LegaT units of eiec- * * * from and after the passage of this Act the legal units ashed measure esteb -of electrical measure in the United States shall be as follows: unit of resistance, First. The unit of resistance shall be what is known as the inter- national ohm, which is substantially equal to one thousand million units of resistance of the centimeter-gram-second system of electro- magnetic units, and represented by the resistance offered to an unvarying electric current by a column of mercury at the temper- ature of melting ice fourteen and four thousand five hundred and twenty-one ten thousandths grams in mass, of a constant cross- sectional area, and of the length of one hundred and six and three- tenths centimeters. unit of current, am- Second. The unit of current shall be what is known as the inter- national ampere, which is one-tenth of the unit of current of the centimeter-gram-second system of electro-magnetic units, and is the practical equivalent of the unvarying current, which, when passed through a solution of nitrate of silver in water in accordance with standard specifications, deposits silver at the rate of one thou- sand one hundred and eighteen millionths of a gram per second, unit of electromotive Third. The unit of electro-motive force shall be what is known as the international volt, which is the electro-motive force that, steadily applied to a conductor whose resistance is one interna- tional ohm, will produce a current of an international ampere, and is practically equivalent to 2 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 tempera- ture of fifteen degrees centigrade, and prepared in the manner described in the standard specifications. iomb" f quantlty ' cou " Fourth. The unit of quantity shall be what is known as the international coulomb, which is the quantity of electricity trans- ferred 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 inter- national farad, which is the capacity of a condenser charged to a potential of one international volt by one international coulomb of electricity. 1 Now Secretary of Commerce and Labor. United States Sixth. The unit of work shall be the Joule, which is equal to ten Un ' work, 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 Unit of p wer wa 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 henry, which is the he ^ nit of 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 s**- 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 practical application of the definitions of the ampere and volt herein before given, and such specifications shall be the standard specifications herein mentioned. 1 Preparation, printing, publication, and distribution by the 2g sta [ rf< ^ I66 p> Department of State of the diplomatic, consular, and other com- 's o, o. j, ATM r 1 Terms of weights, mercial reports, * * * That all terms of measure, weight, measures, and money ., 1111 i i A i 1* f commercial reports and money shall be reduced to and expressed in 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- (ISM, 1872) tains one-half its volume of alcohol of a specific gravity of seven standard 49 of proof thousand nine hundred and thirty-nine ten-thousandths (.7939) spiril at sixty degrees Fahrenheit. And for the prevention and detec- tion of frauds by distillers of spirits, the Commissioner of Internal P" 41011 of fraud Revenue may prescribe for use such hydrometers, saccharometers, weighing and gauging instruments, or other means for ascertain- ing 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 regu- lations 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 proof-spirit, according to the standard prescribed in the preceding standard gallon to be i. -J.-L- \ j i j -L-L- .._ j ^ used In sales 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 ^ (1879) law relating to beer, lager-beer, ale, porter, and other similar fer- 3 5 isfc at 2 S o' ch ' " 5> p ~ mented liquors, shall be held and taken to mean a wine-gallon, the , s 1 See Bulletin No. 2, Bureau of Standards, for detailed specifications herein provided for. (i866, 1867, 1872, 1873, * * * 1876) - S., 3339 Standard barrel 10 Laws Concerning Weights and Measures liquid measure containing two hundred and thirty-one cubic inches. stlt ari ?h.6 rt p. if^.i Flaxseed, linseed, and poppy-seed oil, raw, boiled, or oxidized, weight per gallon lor n ^ teen cents per gallon of seven and one-half pounds weight, certain oils Every distiller shall make a return of the number of barrels of 15 Stat., ch. 186, p. ., t . ..,, 1 1 * . . . 150, sec. 59 spirits distilled by him, counting forty gallons of proof-spirits to R. s', 8 33o8 87z the barrel, whenever such return is demanded by the collector of Authorized barrel ofx-L j' + -:+ proof spirits tnC UlStriCt. by whatever name such liquors may be called, a tax of Ol one dollar for every barrel containing not more than thirty-one gal- fermented liquors Ions; and at a like rate for any other quantity or for any fractional part of a barrel. In estimating and computing such tax, the frac- tional 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 accounted one barrel; more than one barrel, and not more than sixty-three gallons, shall be accounted two barrels, or a hogshead. * * *. R.S.. S? For the purpose of estimating the duties on importations of bu L she g iforce 1 rte 1 ta h l.rod -g ram tne number of bushels shall be ascertained by weight, instead ucts of by measuring; and sixty pounds of wheat, fifty-six pounds of corn, fifty-six pounds of rye, forty-eight pounds of barley, thirty- two pounds of oats, sixty pounds of pease, and forty-two pounds of buckwheat 1 avoirdupois weight, shall respectively be estimated as a bushel, stl" ?h. 6 rt P . !Tsec. 3 i Barley, thirty cents per bushel of forty-eight pounds. weight oi standard Barley-malt, forty-five cents per bushel of thirty-four pounds, bushel of certain com- Buckwheat, fifteen cents per bushel of forty-eight pounds; modities for levying du-. * +. Jo tics Par le 2 y 3 i Corn or maize, fifteen cents per bushel of fifty-six pounds. Par le 2 y 3~ 4 ma " Beans, forty-five cents per bushel of sixty pounds. pa^ST* Onions, forty cents per bushel of fifty-seven pounds; * * *. Par n 2 ormaize Pease, green, in bulk or in barrels, sacks, or similar packages, Beans twenty-five cents per bushel of sixty pounds; seed pease, forty onions 1 cents per bushel of sixty pounds; pease, dried, not specially pro- Pease 63 vided for in this section, twenty-five cents per bushel; split pease, Potatoes forty-five cents per bushel of sixty pounds; * * *. Potatoes, twenty-five cents per bushel of sixty pounds. 1 Given as 48 pounds per bushel in fourth line below which is the legal weight at the present time. United States 1 1 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 fifty- six pounds; * * *. Vinegar, seven and one-half cents per proof gallon. The stand- j;, 2 roof alloll 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- |, r iiie 2 " measure for ished or unfinished, shall pay duty at the following rates, the line buttons button measure being one-fortieth of one inch, * * *. Coal, bituminous, and shale, forty-five cents per ton of twenty- o^Ae.andcuim, eight bushels, eighty pounds to the bushel; coal slack or culm, ^ ht> per b>ushel 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, which stalufh. efp. sf 9 ' 3 * 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- be marked 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, JSJfwSii countryVf stamped, branded, or labeled so as to indicate legibly and plainly, ori in ' and contents in English words, the country of origin and the quantity of their contents, and until marked in accordance with the directions pre- scribed in this section no articles or packages shall be delivered to the importer. Should any article or package of imported merchandise be de ^^ llancc before 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 Re ulationa rules and regulations to carry out the foregoing provision. If any person shall fraudulently violate any of the provisions pSntehment for false of this Act relating to the marking, stamping, branding or label- marktaK ing 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 R.s.,29si r) Wherever the word "ton" is used in this chapter, in reference Ton defined to weight, it shall be construed as meaning twenty-hundred- ^Hundredweignt de-w^gh^ each hundred-weight being one hundred and twelve pounds avoirdupois. R.s.,37i 5 fas amend- ^ sna ll n t be lawful for any officer or person in the civil, mili- ed kar. 2/1895, andtary. or naval service of the United States in the District of Colum- nar. 15, 1898 ! 1- _, IP weighing and meas-bia to purchase anthracite or bituminous coal or wood tor the uring of coal and wood , ,. . , . . ..1-1 1 n i r required public service except on condition that the same shall, before delivery, be inspected and weighed or measured by some compe- tent person, to be appointed by the Head of the Department or chief of the branch of the service for which the purchase is made from among the persons authorized to be employed in such De- partment 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 hundred and forty pounds, and that each cord of wood to be so measured shall be of the standard standard ton of coal measure of one hundred and twenty-eight cubic feet. Each load wood or parcel of 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. (1792) The money of account of the United States shall be expressed in Decimal system es- dollars or units, dimes or tenths, cents or hundredths, and mills ge hsi m or thousandths, a dime being the tenth part of a dollar, a cent the hundredth part of a dollar, a mill the thousandth part of a dollar; and all accounts in the public offices and all proceedings in the courts shall be kept and had in conformity to this regulation. R s (7 f 75> ^ e standard for both gold and silver coins of the United standard fineness for States shall be such that of one thousand parts by weight nine hundred shall be of pure metal and one hundred of alloy. The alloy 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., 3sn The gold coins of the United States shall be a one-dollar piece, 1 g ofd a c n otns d weightsof which, at the standard weight of twenty-five and eight-tenths grains, shall be the unit 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 twenty- '"- dollar 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 three- dollar piece, seventy-seven and four-tenths grains; of the half- eagle or five dollar piece, one hundred and twenty-nine grains; 1 The coinage of a dollar gold piece was discontinued pursuant to the act of Sept. 26, 1890: other gold coins contain 25.8 grains per dollar. United States 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 3I statTch. 4 i. 4S , grains of gold nine-tenths fine, as established by section thirty-five se standard oi 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 United States, silver dollars of the weight of four hundred andseci twelve and a half grains Troy of Standard silver, as provided ' 1 the act of January eighteenth, eighteen-hundred and thirty- seven, * * * . The silver coins of the United States shall be a trade-dollar, 1 R <'|7* /j a half-dollar, or fifty-cent piece, a quarter -dollar, or twenty-five- standard weights of ' . '. j AiT i_- f .-I. j. j subsidiary silver coins cent piece, a dime, or ten-cent piece; and the weight of the trade- dollar 1 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- R Wrti seven and sixteen-hundredths grains troy; of the three-cent standard 5 weight of , , 1 . , . j .-, ' -i j. minor coins piece, 2 thirty grains; and of the one-cent piece, forty-eight grains. In adjusting the weights of the gold coins, the following devia- R.s. (3S 3s tions shall not be exceeded in any single piece: In the double- st Sdard at weight fr< a eagle and eagle, one-half of a grain; in the half -eagle, the three- Io ^ d d colna dollar piece, the quarter-eagle, and the one-dollar piece, one- fourth of a grain. And in weighing a number of pieces together, when delivered by the coiner to the superintendent, and by the superintendent to the depositor, the deviation from the standard weight shall not exceed one-hundredth of an ounce in five thousand dollars, in double-eagles, eagles, half-eagles, or quarter-eagles, in one thousand three-dollar pieces, and in one thousand one-dollar pieces. 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, the ed^fr! ^'i? amend " half and quarter dollar, and in the dime, one and one-half grains. Silver coins In adjusting the weight of the minor coins provided by this (1873) Title, there shall be no greater deviation allowed than three Minor 3S co 7 ins. grains for the five-cent piece and two grains for the three and one- tion cent pieces. 1 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. 945. 14 Laws Concerning Weights and Measures Tolerate! 5 loss oi Any gold coins of the United States, if reduced in weight by weight by abrasion natural abrasion not more than one-half of one per centum below the standard weight prescribed by law, after a circulation of twenty years, as shown by the date of coinage, and at a ratable proportion for any period less than twenty years, shall be received at their nominal value by the United States Treasury and its offices, under such regulations as the Secretary of the Treasury may prescribe for the protection of the Government against fraudulent abrasion or other practices. R. s., 5460 * * * if any of the weights used at any of the mints or assay- weighfs y at r mLts r r offices of the United States shall be defaced, increased, or dimin- ished through the fault or connivance of any of the said officers or persons who are employed at the said mints or assay-offices, with a fraudulent intent; * * * every such officer or person who commits 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.,26^ * * * jt shall be the duty of the surveyor * * * First. P ( 643 A^pe^d'ixT) '' T superintend and direct all inspectors, weighers, measurers, and semiyeariy compari- or au pr ers within his port. * * * To examine, and from time son of weights and ? , 1 i ,1 r- . *, -, f V 1 T i measures used in cus-to time, and particularly on the first Mondays of January and July tomhouses . , ' , , J . <, J , J . . J , . in each year, try the weights, measures and other instruments used in ascertaining the duties on imports, with standards to be provided by each collector at the public expense for that purpose ; and where disagreements or errors are discovered, to report the same to the collector; and to obey and execute such directions as he may receive for correcting the same, agreeably to the standards. R. s./a^o^ I* 1 all cases in which the invoice or entry does not contain the wSt^quantlty 3 weight, or quantity, or measure of merchandise, now weighed, or imports measured, or gauged, the same shall be weighed, gauged, or meas- ured at the expense of the owner, agent, or consignee. R. s., 283 7" All invoices shall be made out in the weights or measures of measures to'be usedln the country or place from which the importation is made, and shall contain a true statement of the actual weights or measures of such vo igiMlunitsinin ~ mercnan di se > without any respect to the weights or measures of the United States. R. s., ( a 2s 0) The Secretary of the Treasury shall, by regulation, prescribe, caSl i f lt sVgar appearon 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 1 5 Every master shall keep on board proper weights and measures R s jj 2) for the purpose of determining the quantities of the several pro-JJS^tWSSr visions and articles served out, and shall allow the same to be chant shipmasters used at the time of serving out such provisions and articles, in the presence of a witness, whenever any dispute arises about such quantities, and in default shall, for every offense, be liable to a penalty of not more than fifty dollars. Every person who knowingly uses any false weights or meas- R . s _ ( / 3 ^ ) ures in ascertaining, weighing, or measuring the quantities of grain, (0 ^| su f ^ iSer- meal, or vegetable materials, molasses, beer, or other substances fining 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 years. Any person who using unregistered uses any molasses, beer, or other substance, whether fermented on the premises or elsewhere, for the purpose of producing spirits, before an account of the same is registered in the proper book pro- vided for that purpose, shall forfeit and pay the sum of one thou- sand dollars for each offense so committed. The public lands shall be divided by north and south lines run ^.s 6 ;^ l8 ' according to the true meridian, and by others crossing them at Hc ^ a e n a ^ rementofpub - right angles, so as to form townships of six miles square, 1 unless Size of townsnip es _ where the line of an Indian reservation, or of tracts of land hereto- tabiished fore surveyed or patented, or the course of navigable rivers, may render this impracticable; and in that case this rule must be de- parted from no further than such particular circumstances require. * * * the township shall be subdivided into sections, con- size of legal section taining, as nearly as may be, six hundred and forty acres each, by of running through the same, each way, parallel lines at the end of every two miles ; and by making a corner on each of such lines, at the end of every mile. * * * * * * All lines shall be plainly marked upon trees, and la ndSSSimSi tor measured with chains, containing two perches of sixteen and one- half feet each, subdivided into twenty-five equal links; and the chain shall be adjusted to a standard to be kept for that purpose. * * * Each section or subdivision of section, the contents (l8 5) whereof have been returned by the surveyor-general, shall be held contente of public 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 con- sidered as containing the one-half or the one-fourth part, respec- tively, of the returned contents of the section of which they make part. The registry of every vessel shall express her length and breath, R s <^ together with her depth and the height under the third or spar to ^e ? sh? P s asuring 1 The instructions of the surveyor general allow for the convergency of meridians. 1 6 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 stern-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 accounted 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 underside 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 accounted as the height under 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 ( f i 5) ^ P ar ^ ^ an y vesse l shall be required by the preceding section Parts to be excluded to be measured 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, 1886, 1895. The register tonnage of every vessel built within the United R.s.,4153^ 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 proper deduction from the gross tonnage having been made, the remainder shall be deemed the net or register tonnage of such vessels. (1825) The Secretary of the Treasury may, under the direction of the standard hydrometer President, adopt such hydrometer as he may deem best calculated to promote the public interest for the purpose 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 twenty- five pounds, one of fourteen pounds, one of seven pounds, two of four pounds, two of two pounds, and two of one pound, avoirdu- pois; 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 gal- lon, 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, with- out 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 8 57 8 12 2 I? Const., 1901 Crini. Code, 1907, p. 72 Sec. 77 No State inspection officer Pol. Code, 1907, p. 1001 (1807) Sec. 2429 Standard Sec. 2430 Contracts Sec. 2431 Standards furnished counties Mass Lengths Volume Sec. 2432 In case of destruction New counties Sec. 2434 Expense Sec. 3435 1 8 Laws Concerning Weights and Measures Notice of receipt notice thereof by advertisement at the court-house door, and at five other public places in the county. sec. 3436* Such judges must try all weights and measures presented to seal of 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 - 2 438 The set of balances intended for the adjustment of weights and custody ot measures furnished to this state by act of Congress, must be kept by the secretary of state. sec. 1439' The legal weights per bushel of the following commodities shall ^ fc , .be as follows: Cottonseed, thirty-two pounds; wheat, sixty Weight of bushel of . _ '. J , 4.1! certain commodities pounds; shelled corn, fifty-six pounds; corn in the ear, seventy 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. POI. code, 1907. vol. The Council [of municipal corporations] shall have the right to 14 (1907) provide public scales and an inspection of weights and measures, IcaiesVetc. and to provide punishment for persons, firms, and corporations using fraudulent weights and measures; * * *. 3 o 7 :r p n 967 0de ' I9 7 ' h -^ an y P erson shall knowingly buy or sell by false weights or sec. 7876 measures, he shall be deemed a common cheat, and shall be pun- Buying or selling by ' , - false weight or measure ished as for a misdemeanor. Gen. Acts, 1907, p. 745 All persons, 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 pack- age [in pounds], the name and address of the manufacturer, * * *. crim. code, 1907, ch. Any miller, firm, person or corporation shall be guilty of a mis- 193, p. 431, as amended * J ., A f ... ' , by act "06, 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 ufacturers of com meal p^^ to fo e offered for sale to merchants or the general public, or to carry in stock with intent to sell corn meal, bolted or un- bolted, 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 Sec. 6621 Sale of corn meal Sec. 6623 Penalty or "chops," steam or water ground, as the case may be, as indica- ting 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 corn meal or chops, bolted, or unbolted, in any other than six pounds, twelve pounds, twenty-four pounds, forty-eight pounds, and ninety-six pound sacks, or ninety-six pound half barrels, and one hundred and ninety-six pound barrels, wood, shall be guilty of a misdemeanor; provided any retail merchant may, on order, weigh from bulk meal or chops any number of pounds desired by an individual consumer. 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 corn, oats, rye, wheat, barley or mill products such as mid- ties' misdemean H or dlings, bran, chops, corn 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 four and one-half bushels and five bushels, weighing, respectively one hundred and forty QUan ' lties pounds and one hundred and sixty pounds; rye and corn 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 pounds; 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 hundred and forty- four pounds; mill products such as middlings, bran, chops, corn hearts and all other ground feed products, in sacks or bags weigh- ing 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. 368 Sec. i Feed stuffs sold ex- cept in certain quanit- Sec. 3 Feed stuUs, bow sold. 2O Laws Concerning Weights and Measures pounds, except grits packed in paper cartons of not more than five pounds. 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. Does 4 not apply to But tne provisions of this act shall not apply to sales of grain cnase e r rorresalebypur " or cerea ^ s 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 unlawful to sell any of the said grains in such sacks, Fng^nui^be^ofpoSnds ^ a S s or packages, unless in large figures thereon is plainly marked or bushels or stenciled 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. f^L Any person, firm or corporation violating 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. ^cen. Laws. i 9 n, act Xhe term " Commercial Feeding Stuffs " shall be held to include sec.' i all feeding stuffs used for feeding live stock and poultry, except Feeding stuffs, de- , , & , , , , ^ fined whole seeds or grains; the unmixed meals made directly from entire grains of corn, wheat, rye, barley, oats, buckwheat, flax seed, kaffir, and milo; whole hays, straws, cotton seed meal and hulls and corn stover when unmixed with other material. Together with all other materials containing sixty (60%) per cent or more of water. feeding stuffs to be Bvery lot or parcel of commercial feeding stuff sold, offered or net weight, etc. ' exposed f or sale 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 commer- cial 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 i 9 o, 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. sec I 52 ' I909> p ' 292 That a standard of 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 Alabama 21 inches, in diameter inside at the bottom and twenty-one and one- half inches inside at the top, and fourteen and one-half inches inside from bottom to top, the unit of such tub or measure to be in the shape of 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 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 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 that purpose each place where oysters are bought and sold as required during 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 Com- mission 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 mis- demeanor 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 Ww) j 1 1 ^ i 11 -i 1 -.1 -it . Pol- Code, 1007, Vol. paid by weight shall provide such mines with suitable scales, ofi. P- ssa standard make, for the weighing of all coal, when contracted for Mtaeowner to pro- to be weighed. vide scales All coal mined in this state contracted for payment bv the ton sec. 1009 j_i -1,1111 ! . .<* . Coal to be 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 ssp- 1 , 010 , *%**++ < Chock wcigliinso lurnish 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, chief tolpector to pro- The chief mine inspector shall procure from the State, at the ardletc? **** Btand ~State's expense, a full and complete set of standards, balances, and other means of adjustment such as are necessary in the com- parison 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. who IOI Lay inspect The mine inspector, miners employed in the mines, and the scales and records owner of the land or persons 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 which the weight of coal is kept, to examine the amount of coal mined, for the purpose of testing the accuracy thereof. 9 ?Ts w9 ' I9IX ' llct The chief mine inspector shall procure for the State at the sec. 9 State's expense a full and complete set of standards and other Standards, etc., to be. ...... . , . - 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 accord- ing 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. ALASKA That if any person shall knowingly use any false weight or x f rter ' s Ann - Codes - measure, and shall thereby defraud or otherwise injure another, sec. 69 Ml , , J r , . , , J Using false weight, 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 xinTch. I0 e> 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 false, by which use another is defrauded or otherwise injured, is guilty of a misdemeanor. Every person who knowingly marks or stamps false or short sec. 4 9 9 ,. , & J . f . Stamping casks, etc., weights or measures, or false tare, on any cask or package, orfciseiy 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 *. s . r ,. i f ,1 ,, , J ... J Full weight of all artl- 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 avoirdu- pois weight, the seller must give to the purchaser full weight, at the rate of sixteen ounces to the pound ; and any t>erson violating this section is guilty of a misdemeanor. That it is hereby established that throughout this Territory a Bashford*f complied bushel of corn shall consist of 54 pounds ; a bushel of wheat of 60 J53U5CSR' *" pounds; a bushel of barley of 45 pounds; a bushel of rye of 56 f ec * t_ i i f 1 -, i f 11 1 -i Standard weight of pounds; a bushel of oats of 32 pounds; a bushel of small white bushel beans of 60 pounds; a bushel of other beans of 55 pounds; one to 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 sllcl&i agreements weights in this Territory, unless otherwise especially agreed upon by the parties interested. This act shall take effect and be in force from and after its pas- sage. Every person who in putting up in any bag, bale, box, barrel, f^ or other package, any hops, cotton, wool, grain, hay, or other goods IO R p V ; 2 ^ at " I90I> title usually sold in bags, bales, boxes, barrels or packages by weight, f*^^ weight ot 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. ARKANSAS Sec. 8003 Standards Custody County officers Sets to be furnished (1859) Sec. 8004 State sealing The set of weights and measures prepared by the United States I9 2 1 S fjjf ^ r 3 b under the act of congress approved the fourteenth day of June, A. D. 1836, and delivered to the governor of the State of Arkansas, 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 county in this state shall procure, as soon as practicable, at the expense of the county, a complete set of weights and measures, which shall conform to said standard, and 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 lawful standard for the county by which they were procured; and the secretary of state shall charge the sum of four dollars for testing and sealing such weights and measures. 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, 'there is no other specification of the holding capacity of said bar- rels, 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. 27 (1*94) Sec. 8005 County sealing (iS8 S ) Sec. 8006 Standard barrel (1903) Sec. 8007 Bushel measure 28 Laws Concerning Weights and Measures (1887) Sec. 8008 Legal weight of bushel of certain com- modities The legal weight per bushel of * Pounds Corn, shelled 56 Corn, in ear, husked 70 Corn, in ear, unhusked 74 Wheat 60 Oats , 32 Cotton seed 33^3 Corn meal 48 Barley 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-corn seed 48 Johnson grass 28 1 For convenience in printing a slight change has been made in arrangement of these articles. (1901) Sec. 8009 Log measurement Penalty Sec. 6675 scales re- The Doyle stick or standard of log measurement is hereby declared to be the standard by which all saw logs bought, sold, cut, or hauled in this state shall be scaled or estimated, and any person or persons buying, selling, cutting or hauling saw logs within the limits of this state, who shall use or attempt to use any combination stick, or any other stick or standard than that mentioned in this section one of this act for the purpose of scaling, or estimating the number of feet in such logs sold, bought, cut, or hauled, shall be deemed guilty of a misdemeanor, and upon con- viction 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 railroads 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. Kirby, At all such stations it shall be the duty of the railroad company to properly weigh each and every car after the same shall have cars to be weighed b ee n 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 each 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 con- tents, the date of delivery and the number of the car. lena"" for violation An Y railroad in this State failing or refusing to comply with oi these provisions an y o f the provisions of this Act shall be subject to a penalty of one hundred dollars, to be paid to the County, for every failure or Track quired Dig. su I9 sec 6676 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 $ f I9 7 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 m f rtmcate o! weigh ' 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 State failing or refusing to comply with any 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 such point of destination lies, for every failure or refusal to comply with the provisions of this act; and each day upon which it may refuse or fail to comply with this act shall constitute a separate offense. That it shall be unlawful for any corporation, firm, manufac- *g y 1 - 19 5 - p - 3I3 turer, merchant or other dealer, their agent or emplovees, to weight to be stamped . , ' , v r x-1- ' i on sacks of grain, etc. sell, or oner for sale, any gram, chops, bran, fertilizer, meal, or flour in sacks, barrels or other packages, unless the true weight of such gram, chops, bran, fertilizer, meal, or flour be stamped or marked upon the sacks, barrels, or other packages. Any corporation, shipper, manufacturer, merchant or other 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 State of Arkansas to take off anything for scalage. ge ' c l6 ( / 59l) Any person violating the provisions of this act shall be deemed scaiage guilty of a misdemeanor, and, upon conviction, shall be fined in Pena 1 uy s any sum not less than five nor more than twenty-five dollars. It shall be unlawful for any person, corporation or warehouse Sec . I6 ^ w) man doing business in this State to charge more than ten cents Fee for 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. Act 196, 1907, PP. That each and every person, individual, firm or corporation, who 468-47 . j j. r .LI. * 1 sec. T maintain and operate a ginnery for the purpose of ginning, pack- ing, and baling cotton are hereby declared to be a public ginner, and a public and lawful weigher of cotton in his county. * * * sec. 2 It is hereby made the dutv of each public ginner to keep an accu- Pubhc ginners re- J i_ 1 i 1 r j quired to keep accurate rate pair of scales and correctly weigh each bale of cotton ginned and baled by him, or caused to be ginned and baled by him, as soon as taken from the press. And 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. onTai i e httob * stamped And ne sria U plainly and securely place upon, or attach to, each bale of cotton so ginned and baled by him, by stamp, tag or other- wise, the number and weight thereof. Fees; certificate He shall be allowed to charge five cents for weighing each bale of cotton so ginned by him. And he shall give to each owner or person for whom he may gin and bale cotton a certificate showing the number and weight of each bale of cotton and the date of ginning. sec. 3 It shall be the duty of the county clerk to cause to be tested by to?es"sMier krequired the standard or test furnished to each county clerk, the scales of each public ginner in his county once a year or as much oftener as may be necessary. sec. 4 faise That if any ginner, his agent or employee, knowingly weigh any we n iTnTnVmtede-bale of cotton inaccurately, or falsely weigh same, he shall be guilty of a misdemeanor. sec. Sj Any person who shall violate any provision of this act, shall be Violation; penalty J XT * * ini.ei deemed guilty of a misdemeanor and upon conviction shall be imed 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, Lincoln and Chicot. Act 225. 1905, P. 571 Every agent, owner, lessee or operator engaged in mining coal anting 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, it shall be the duty of every corporation, or company, or person sec. 5356, as amended engaged in the business of mining and selling coal by weight or ' S70> measure, and employing ten or more persons, to procure and con- I9 c. 31S - I90S> p Arkansas Mine scales weght to be marked on concentrated com- stantly keep on hand at the proper place the necessary scales and measures and whatever else may be necessary to correctly weigh and measure the coal mined by such corporation, company, or person, and it shall be the duty of the mine inspector to visit each coal mine operated therein, and where such scales and measures are kept, at least once in each year, and test the correctness of such scales and measures. The owner or operator of each coal mine, or any two or more of the miners working therein, may, in writing, require his attendance at the place where such scales and measures are kept, at other times in order to test the correctness thereof, and it shall be his duty to comply with such request as soon as he can after receiving such request. That every lot or parcel of concentrated commercial feeding stuff sold, offered or exposed for sale in this State, shall have affixed . A f. , . . , . , . . . thereto, or printed thereon in a conspicuous place on the outside merciai feeding 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 pounds) ; the name, brand or trade mark under which the article is sold ; the name and address of the manufacturer, job- ber or importer; * * * . That the term "Concentrated commercial feeding stuffs," shall be held to include all feeds used for live stock and poultry, except whole hays, straws and corn stover when the same are not mixed with other materials ; nor shall it apply to the unmixed whole seeds qr 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 provisions 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- visions of this Act, shall be guilty of a violation of the provisions of this Act. 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 Mines, Manufactures and Agri- culture, upon conviction thereof, shall be fined not exceeding fifty dollars for the first offense, nor more than two hundred dol- lars for each subsequent offense, and the proceeds from such fines shall be covered into the State Treasury for the use of the depart- ment executing the provision of this Act. That whenever the Commissioner of Mines, Manufactures and Agriculture, or his duly authorized representative, become cogni- Sec. i Definition Sec. 14 Violation Sec. 15 Penalty Sec. 16 Prosecutions 32 Laws Concerning Weights and Measures zant of any violation of the provisions of this Act, he shall imme- diately notify in writing the manufacturer, importer, jobber or dealer, if same be known, and after thirty days he shall notify the prosecuting attorney of the district where such violation occurred, who shall cause proceedings to be commenced against the person or persons so violating the Act, and the same prose- cute in the manner required by law. CALIFORNIA The legislature may by general and uniform laws provide for Co ^^; a^'aranded^n the inspection, measurement, and graduation of merchandise, X 9" manufactured articles and commodities, and may provide for the appointment of such officers as may be necessary for such inspec- tion, measurement and graduation. The standard of weights and measures received from the United se C WS i' I9II> ch 2 " States under a resolution of congress approved June 14, 1836, and state standards such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto or renewal thereof, and such as shall be procured by the state in conformity therewith and certified by the national bureau of standards, shall be the state standards, by which all 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 Itate'standards to be shall be kept by the secretary of state in a safe and suitable place jjgp* b ? 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 llcietary oi state to city, or incorporated town, or incorporated city and county shall ^^ h w ^ dar ^ s - to 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 pro- visions 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, incor- porated 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 con- struction that the secretary of state may specify. The respective counties, incorporated cities, incorporated towns |^ tieSt citieSj and and incorporated cities and counties of the state are hereby author- towns may appomt'seai- ized to appoint sealers of weights and measures. 8 57 8-i 2 3 33 34 Laws Concerning Weights and Measures jurisdiction oi sealers The 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 officers, except in the incor- porated 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 appoint- ing such officer. compensation oi Any county, incorporated city, incorporated town or incorpo- rated city and county appointing a sealer of weights and measures under the provisions of this act shall fix the compensation of such officer and may provide deputies for such officer and fix their com- pensation. Deputies may be ap- Any county, incorporated city, incorporated town or incorpo- Duties may be pre- rated city and county appointing sealers of weights and measures 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. Duties oi seaien ^ e var i us sealers 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 provi- sions of section 3 of this act. * standards to The sealers of weights 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 incorpo- rated city or incorporated town or incorporated city and county requiring the same. to be ad- * n an ^ prosecution 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. rs reserve ^ s ^ a ^ ^ e ^ e duty * a ^ sea l ers of weights and measures standards v *to carefully preserve all copies of the standards of weights and California .,,. 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 see., for sale weights, scales, beams, measures of every kind instruments wSJS JSfiSSSeJ or mechanical device for measurement, and tools, appliances or!iy oha JL th ,? m8e ! e ment or mechanical device for measurement, and tools, appliances, or accessories connected with any or all such instruments or 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 county, incorporated city, incorporated town or incorporated city and county of this state without any further test. .^y ^ ttsed when Any weight, scale, beam, measure of any kind, instrumer ^^^^gff tm ' mechanical device for measurement, and tools, appliances or re accessories connected with any or all such instruments or meas- ures, 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 such jecHoin! aspr - weights, scales, beams, measures of any kind, instruments or mechanical devices for measurement, and tools, appliances or accessories connected with any or all such instruments or meas- ures 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 under the provi- sions of this act or by the national bureau of standards. Icaies 2 beams etc ^J sca * e > beam or mechanical device for weighing or measur- may be ' kept for sale ing, which 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 pro- Must be tested be-vided: but such scale, beam, or mechanical device for weighing or measuring must before being used for weighing or measuring be tested and sealed as in this act provided, sec. i 3 Upon a written request of any resident of a county, incorpo- Weights, scales, , \ J . , ., J \ beams, etc., may berated city, incorporated town or incorporated city and county St^esiden 1 " 611 ""in which there has been appointed a sealer of weights and measures under the provisions of this act, the sealer of weights and meas- ures 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 meas- urement, 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 request 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, incorpo- rated 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 incor- porated 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 viola- tion of the provisions of this act or of the responsibility provided California ~~ 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 instru- ments or measures. The sealer of weights and measures shall, within his county S*- 1 * i , 1 , . J ' Duties and authority incorporated city, incorporated town or incorporated city and of sealers; apparatus to county, inspect, test, try and ascertain if they are correct all Sow'S ' weights, scales, beams, measures 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 purpose of sale, sold, or used or employed within the respective county, incorporated city, incorporated town or incorpo- rated city and county by any proprietor, agent, lessee or employee in proving the size, quantity, extent, area or measurement of quan- tities, 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, incorpo- rated 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 weights and measures may specify for the purpose of making the proper tests. Whenever a sealer of weights and measures finds a violation of ^^ 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 i^aratus. to be and measures or weighing or measuring instruments and finds that sealed> when 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 appro- priate device showing that the weight or measure or weighing or 38 Laws Concerning Weights and Measures measuring instrument 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 condemn and seize and may destroy incorrect weights stroyed, when .. - 1-1 and measures and weighing and measuring 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 meas- ures shall again test and prove the weight, measure or weighing or measuring instrument which has been found 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^iterate'tag 6 Any person who removes or obliterates 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, measure 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. Any person who, by himself, or his employee or agent or as the employee or agent of another, shall use, in the buying or selling of any commodity, or retain in his possession a false weight or meas- ure or weighing or measuring instrument, or use or retain in his possession any weight or measure or weighing or measuring instru- ment 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 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- 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 ? ^ -L.J- j -0.1 f r i i-f i , i Hindering or ob- weights and measures in the performance of his official duties shall stmcting, misdemeanor be guilty of a misdemeanor. No person shall neglect or refuse to exhibit any weight, measure sec. or weighing or measuring instrument of any kind, or appliances or bS^ accessories connected with any or all of such instruments or me as- measures>etc " t08ealer ures which is in his possesrion or under 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- =. r i ./., *. , ' K, Neglecting or refaw- pnetor or manager, shall refuse to exhibit any article, commodity, ing to exhibit articles, j .11 i_ 11 rcjr i /.commodities, etc., to produce or thing being sold or offered for sale at a given weight sealer 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- s**-" . . . J f .1 1 11 < 11 1 j < 11 . j i Sealer to keep record 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 ln ^[^i )ento ' mblk perform any of his duties, as provided by this act, may be removed f gle * tbygca , cr 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 appa- ratus before first testing and making the same conform with the 4O 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. flotation of act a Any person violating any of the provisions of this act shall be misdemeanor guilty of a misdemeanor. Deflation The wor d " person, " as used in this act, shall be deemed to include person, firm or corporation. officers of corpora- It shall be the duty of all officers, directors and managers of turns to comply with act corporations, whose respective corporations use or keep for use or sell or offer for sale any weights, measures or weighing or meas- uring instruments which are subject to inspection by the provi- sions 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 respec- tive 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 - ior violation . . . . . . *^ Misdemeanor tion 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- Two or more counties of this state may, by agreement, appoint btae 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 measures, under the provisions of this sec- tion, 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. ies 28 may be pro- Any county or counties, incorporated city, incorporated town vided or incorporated city and county appointing a sealer of weights Disposition of fees an( j measures 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 weigh- ing or measuring instrument and may provide for the proper dis- position of such fees and charges. All acts and laws and parts of acts and laws in conflict with the, or any of the provisions of this, act, are hereby repealed, c^de, 1909. The standard yard is the unit or standard measure of length ' 8> p ' 8si an d surface from which all other measure of extension, whether units of extension lineal, superficial, or solid, are derived and ascertained. Division 1 of the yard The yard is divided into three equal parts, called feet, and each foot into twelve equal parts, called inches; for measures of cloths California 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 l^ 3 "^ 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 Acre 3 " 3 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 ffnitfof 4 wei g ht standards of weight from which all other weights are derived and ascertained. The avoirdupois pound, which bears to the troy pound the ratio %fagg of d 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 8oUds 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 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 or commodities commodities commonly sold by heap measure, are the half bushel and its multiples and subdivisions; and the measures used to construction measure such commodities must be made cylindrical, with plane 9 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 tracts construed according to the foregoing standards. ., u e nit 3 of 8 measure for , haH , capaci(y f^ 32 measure | e c n8 3 tr t ion of con . 4 2 Laws Concerning Weights and Measures weightier bushel Whenever wheat, rye, Indian corn, barley, buckwheat, or oats, are sold by the bushel, and no special agreement as to the weight or measurement is made by the parties, the bushel consists of sixty pounds of wheat, of fifty-four pounds of rye, of fifty-two pounds of Indian corn, of fifty pounds of barley, of forty pounds of buckwheat, and of thirty-two pounds of oats. I909> A f^ 56 weight or measure is one which does not conform to the standard established by the laws of the United States of False weight and America measure defined tv ' Sec. 554 Every person who knowingly marks or stamps false or short weight ping se weight or measure, or false tare, on any cask or package, or knowingly sells, or offers for sale, any cask or package so marked, is guilty of a misdemeanor. Sec (z5 ^-7<5) In all sales of coal, hay, and other commodities, usually sold weight by the ton or by the ton or fractional parts thereof, the seller must give to the purchaser full weight, at the rate of two thousand pounds to the ton; and in all sales of articles which are sold in commerce by Fun weight required av i r dupois 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. (i8 72 1873, 1874) Every person who, in putting up in any bag, bale, box, barrel, Penal Code, 1909, *._! 1 < Deering, p. i8 S or other package, any hops, cotton, wool, grain, hay, or other penauy tor putting ex- goods usually sold in bags, bales, boxes, barrels or packages by p r a a S S ss^id S b a y n weigw weight, puts in or conceals therein anything whatever, for the to increase the weight p Ur p O se of increasing the weight of such bag/bale, box, barrel, or package, with intent thereby to sell the goods therein, or to enable another to sell the same, for an increased weight, is pun- ishable by fine of not less than twenty-five dollars for each offense, penal ^cSde i ^ n y P erson or persons, firm or corporation, who offers for sale Deering, p. 755' ' roll-butter not of full weight to each roll, shall be guilty of a mis- Short-weight butter .. *> J demeanor. (1901) The standard miner's inch of water shall be equivalent or equal ,i 9 oi,ch.2 >P . to Qne an( j one _j ia jf cu bi c f ee t O f water per minute, measured Miner's inch through any aperture or orifice. sec. 2 , All acts or parts of acts inconsistent with the provisions of this Repealed . , l , j act are hereby repealed. Gen. ( i^ws, 1909, All P er sons now engaged in or who may hereafter engage in a peering, act 43 8 3( 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 ware- -r.jt.iiir A-U ' ' t. t- *-!. houses are weighed, shall, before they engage in such business, or within sixty days after the appointment of an inspector of weights as pro- vided in section 4 of this act, designate in writing a person or per- sons as weigher or w r eighers for such business at the place thereof, and the person or persons so designated shall thereupon, and before 43 Sec. 4 County inspectors California 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 men- correct scales tioned 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 men- g^j tioned, shall keep and use therein none but true weights, and wSs^Jntonnto scales; said weights must conform to the United States standard U ' S ' 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 viola- tions 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 mis- demeanor. Besides the prosecution of the criminal actions herein provided for, every person defrauded by false or incorrect weighing shall be wei & ht entitled to recover from the person owning or conducting such busi- ness as in the foregoing sections mentioned, in any court of com- petent 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^J^ throughout this state. b/suts., :~a*>. ch. , Sec. i Logs The following table, known as Spaulding's Table for the Measure- t le 2 for me asuring ment of Logs, is hereby made the standard and table for the meas- urement of logs throughout this state, * * * .* No person, firm or corporation shall hereafter sell, offer for sale, ^^ % S 9 ' IS or receive for the purpose of sale, any milk, skim milk or cream, f^ 4 d 8allon meag . except such sale, offer, or receipt, shall, as to quantity, be based ureformiik 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 Sec. 5 Misdemeanor Sec. 6 Damages for short 1 The table has been omitted on account of its great length. 44 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, restaurant, or other eating place, where milk is sold with meals, or where it is sold to be drunk immediately, it may be sold by the glass. COLORADO n Rev. Stat., 1908. ch. Sec. 7025 Ton Sec. 7026 Weight per bushel That the weights and measures accepted and used by the srov- r , 1 TT "A i C\A .1 , ernment of the United States at the present time, except as here- inafter provided, shall be deemed the lawful standard of weights standrd 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 pota- toes, 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 thick- ness; and water sold by the inch by any individual or corporation ^measure' 615 irnga shall be measured as follows, to-wit : Every inch shall be considered equal to an inch square orifice under a five inch pressure, and a five inch pressure shall be from the top of the orifice of the box put into the banks of the ditch, to the surface of water; said boxes or any slot or aperture through which such water may be measured, shall in all cases be six inches perpendicular, inside measurement, except boxes delivering less than twelve inches, which may be square, with or without slides; all slides for the same shall move horizontally and not otherwise; and said box put into the banks of ditch shall have a descending grade from the water in ditch of not less than one-eighth of an inch to the foot. 45 Bushel for charcoal Perch of brickwork Size of brick tach of water 46 Laws Concerning Weights and Measures jJjMw***'' 19o8> ch ' ^ e state engineer shall use in all his calculations, measurements, water 3 by cubic foot recor ds 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. su?t?i9o8. ch. ^ snau be the duty of the treasurer of this state to procure as Is sec 7027 ' soon as possible from the proper department of the federal gov- Treasurer to procure ernment, all necessary weights and measures for the use of the state, and as soon as he shall receive them, to give public notice through two or more newspapers for thirty days, to each and every board of county commissioners in the state, to obtain copies or duplicates of said weights and measures. rteaiere 8 to compare That all venders 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. Appointment of in- That on the first regular meeting of the board of county com- spector missioners 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 per- formance of the duties of his office, as said commissioners may direct. fees 7 oi 3 hispector That each county board shall make out a list of fees to be charged by said inspector, and which fees when charged shall be recover- able in any court, as any other debt or account is recovered. 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. selling, All persons, for the purpose of weighing or measuring goods, penalty wares, merchandise, water or other articles of traffic, actually sold by him, not in accordance with this chapter, shall be deemed guilty of a misdemeanor, and upon conviction thereof may be imprisoned not exceeding one year, or fined not exceeding one thousand dollars at the discretion of the court in which the con- viction shall be obtained. s^ss?^ 1 " I9o8> ch ' -^ an y P erson shall knowingly have, keep or use any false or Faise l8 weights, pen- fraudulent scales or weights for weighing gold or gold dust or any ity other article or commodity, every such person so offending shall, on conviction, be fined not exceeding five hundred dollars, or imprisoned in the county jail not exceeding six months. Colorado 47 If any person shall knowingly sell by false weights or measures, * l8 " or shall knowingly use false measures at any mill, in taking toll f or p3? ^* ni "' 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 exceed- ing three months. Whenever it shall come to the knowledge of the inspector that Rev - stat - **. ch. any person within his county has violated any of the provisions '"'e?.' 703^ of this chapter, it shall be his duty to enter a complaint against Inspect 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 ? c - ^ .1 1 i 11 1 -j A 0.1 f * Fines paid into county this chapter shall be paid into the county treasury for the use of treasury the people of the county in which the offense was committed. It shall be the duty of every corporation, company or persons Rev - stat., 1908. ch. engaged in the business of mining and selling coal by weight or 27 ] 324 (/po/> measure in this state to procure and constantly keep on hand, at tca'ussand measures the proper place, the necessary scales and measures and whatever in g b ol?orauons by mta ~ 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 applica- tion 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 Markto s cara 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 it and recorded in a book kept for that purpose and the correct weight shall Record 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 num- ber of bushels of coal such car or other apparatus will hold when 4 8 Laws Concerning Weights and Measures Legal ton of coal Sec. 663 Weighing of coal Measure of coal Sec. 664 Violation of this act 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 con- stitute 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 dol- lars ($200.) That hereafter in all coal mines in this State, operated by indi- coai""mines, check viduals or corporations, whether as owners or lessees and working: weighman . ., ,< , twenty or more miners underground, there may be employed a selected byheck 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. penalty for hindering Any mine owner, operator, manager superintendent or lessee check weighman 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 Sec. 665 To be miners Sec. 666 Duties weighman of check Access to scales Colorado . 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 Rev - stats i *> 8 . <*. person, association or corporation engaged in the business of^'Sl milling, sampling, concentrating, reducing, shipping, or purchasing J 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 con- viction thereof shall be fined in a sum not exceeding one thousand (1,000) dollars, nor less than one hundred (100) dollars, or impris- onment 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 Wos) class, and incorporated towns, whether existing under special char- 156. p.'!****** I9o8> ** ter or otherwise, shall furnish the consignee or purchaser of coal or l e e c tkSer s of coai or coke to the amount of one-quarter (%} of a ton or more, a certificate cate e to fumish certifi " of weight signed by the owner or agent of official city or town scales. The certificate as aforesaid shall plainly state the net weight sec. 703 6 . t,- t, 4.1, i i 1 j What certificate shall 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 l coke without the official certificate of the owner or agent of false 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- justice 38 direct dis- plaint is made, of any violation of this act, to direct the district 2 at 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. sec. 7039 All suits and prosecutions for a violation of any provisions of ireXy* lty 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 person, association, copartnership or corporation leasing "s'.s"Z and operating coal lands under the provisions of this act shall pay Ton of coai to solid to ^ Deputy register of the state board of land commissioners a minimum price of not less than tm (10) cents for each and every ton of coal mined from said land * * *. The term ton, as herein used, means twenty-seven (27) cubic feet of coal, measured in 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 28 ^ ub ' I Acts> I9II> ch - under a resolution of congress approved Tune 14, 18^6. and such * Is-i . 1 , , 1 11 i i f .* -,-r . Standard of weights 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 state police to be su- - . .. . - . i permtendent of weights of weights and measures and inspectors of weights and measures, ** measures . , i , ... . , i - . , , i Deputy superintend- 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 super- intendent. 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 ^tila of the standards adopted by this act as the standards of the state, and tendent 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 safe- keeping. He shall maintain* the state standards in good order and shall submit them, at least once in ten years, to the national bureau of standards for certification. He shall, at least once in two years, try and prove by the state standards all 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. 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 super- visory board and to the executive officer of the institution con- cerned, 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 institu- tion, 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 Rep**- governor a report of the work done by his office. The state super- intendent, or his deputy or inspectors at his direction, shall, at least once in two years, inspect and test all standards and appa- ratus 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 per- formance 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 county 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 appointment, give a bond in the penal sum of five thousand dollars with sureties to be approved by the governor, for the faithful per- formance 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 ,. duties of his office and for the safety of any apparatus entrusted to his care. The county commissioners of each county and the common council of each city required to appoint a sealer under this act shall procure, at the expense of the county or city, and shall keep, at nietof l SSS! all times, a complete set of weights and measures and other" apparatus, of such materials and construction as said super- intendent 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 super- intendent as hereinbefore provided, and shall then be deposited with and preserved by the county or city sealer as public standards for such county or city. Whenever the county commissioners of any county or the common council of any such city shall neglect, for six months, so to do, the treasurer of the county, or the city clerk or comptroller of said city, as the case may be, on notifica- tion and request by the superintendent of weights and measures, shall provide such standards and cause the same to be tried, sealed, and deposited, at the expense of the county or city. There shall be in each county a county sealer of weights and J^ sealers measures who shall be appointed by the county commissioners P ^^ 60 ' of for a term of five years. He shall be paid a salary determined Powers and duties oi 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, prod- uce, or articles for distribution or consumption, offered or sub- mitted 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 pur- pose of sale, offered for sale, or sold, or in the process of delivery, in order to determine whether the same contain the amounts rep- resented, and whether they be offered for sale or sold in a manner in accordance with law. He shall, at least twice each year, and J***** 1 as much oftener as he may deem necessary, see that the weights, measures, and all apparatus used in the county, including those under the care of city and town sealers of weights and measures, 54 Laws Concerning Weights and Measures Police powers are corre ct. He may, for said purpose, and in the general per- formance of his official duties, enter, without warrant, into or upon any stand, place, building, or premises, or stop any vendor, peddler, junk dealer, driver of any coal wagon, ice wagon, or delivery wagon, or any dealer, and require him, if necessary, to proceed to some place which said sealer may specify, for the pur- pose of making the proper tests. The county sealer of weights and measures shall cause any person violating any of the pro- visions 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 here- inbefore required shall be confiscated by the sealer. The county sealer shall keep a complete record of all of his official acts and shall make an annual report to the county commissioners, and on or before October first in each year shall make a report, duly sworn to, to the state superintendent of weights and measures, on blanks to be furnished by the superintendent. The county sealer of weights and measures shall, forthwith upon his appoint- ment, give a bond in the penal sum of one thousand dollars, with sureties to be approved by the county treasurer, for the faithful performance of the duties of his office. Nothing in the foregoing provisions shall, 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 com- missioners, with one set of standards and one sealer, upon the written consent of the state superintendent of weights and meas- ures. A county sealer appointed in pursuance of an agreement for such combination shall, subject to the terms of his appoint- ment, have the same authority, jurisdiction, and duties as if he Connecticut 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 See - 6 of not less than twenty-five thousand population, according to*?8" the last preceding official state or United States census, to be "pXSU and duties ot appointed by the mayor subject to the approval of the common council. He shall, in said city, perform the same duties and have the same powers as the county sealer in the county. In those cities in which no sealer is required by this section, the county sealer of the county shall perform the same duties and have the same powers as in the county. Nothing in the foregoing provisions shall be so construed as to prevent any county and any of the cities situated therein from combining the whole or any part of their respective territories, as may be agreed upon, with one sealer, subject to the written approval of the state superintendent of weights and measures. A sealer appointed in pursuance of any agreement for such combination shall, subject to the terms of his appointment, have the 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 f^* ^tang ^ servant or agent of another, shall offer or expose for sale, sell, use ||f ^ ose w *- in the buying or selling of any commodity or thing or for hire 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 dis- pose of any condemned weight, measure, or weighing or measur- ing 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 twenty dollars nor more than two hundred 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 Authority of superin- inspectors, and the county and city sealers of weights and meas- J^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, Laws Concerning Weights and Measures without warrant, for use as evidence, any false or unsealed weight, measure or weighing or measuring device, or package or amount of any commodity, found to be used, retained, offered or exposed for sale, or sold in violation of law. penalty for interfer- An Y person who shall hinder or obstruct the superintendent of ence with officials 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 both. penalty ior imperson- An 7 person who shall impersonate the superintendent of ating officials weights and measures, 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. ^ Gen. stats., 1902, Ti- The avoirdupois pound shall bear to the troy pound the rela- ' (1827,1895) 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, 1 [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. 2 ] Sec. ii Repeal Sec. 4880 Pound, ton, etc. Barrel Liquid gallon Sec. 4881 Bushel measurement Charcoal Barrel of Sour. of potatoes. (1857. 1800) Sec. 4882 Weight of bushel 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 1 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, which provides that " The weights and measures received from the United States * * * shall be the state standards," as the National Government has never recognized nor authorized the dry gallon mentioned above. 8 This statement and the arrangement of the articles following it have been adopted for convenience in printing. Connecticut 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 48 Buckwheat Sugar beets Mangelwur/el 6 Rutabagas go Parsnips 45 Common English turnips 50 Hard coal g Sec c Every person who shall sell, or offer or expose for sale or ex- 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- son engaged in putting up such thread on spools, or in packages of tit 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 sewing silk manufactured in this country, unless each skein shall consist of twenty threads, each two yards long, shall be fined seven dollars. No person or corporation buying milk or cream and making payments therefor based on the results of the Babcock test shall use any bottle or pipette for the purpose of determining the rela- stamped 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 pre- scribed, 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. for noncom - Sec 58 Laws Concerning Weights and Measures sec S' im) ' The standard of time for the seventy-fifth meridian west from standard of time Greenwich shall be the standard of time for this state. i 3 f p b j 4 ti Cts ' I9II> ch ' Any person who shall sell or offer for sale, food in package form, ib weight of foods to unless tne net quantity of the contents be plainly and conspicu- be marked on packages ously marked on the outside of the package in terms of weight, A ~ measure, 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 agricul- tural experiment station, shall be subject to the penalties provided in chapter 255 of the public acts of 1907. Te c rms "person" and The terms "person" and "food" as defined in Chapter 255 of the food" denned public acts of 1907, shall apply to the provisions of this act, pro- vided, the term "food" as used herein shall not include confec- tionery and shelled nuts when offered for sale in packages at a price not exceeding ten cents each. not to affect This act shall take effect from its passage, but no penalty shall ^ e eiu?orce d 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. igf^'i^f 5 ' 1909> ch ' No person shall, by himself, his servant or agent, sell or offer height to be marked or ex P ose f r sa l e > or have 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 figures not less than one-half inch in height, in plain Gothic type, the net weight of the butter contained therein. Penalty Every person who shall violate any provision of this act shall be punished by a fine not exceeding twenty-five dollars. aj^'i^? 8 ' 19 "' ch ' All coal sold, except in accordance with a written agreement weight to be 80ld by 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 accom- wSh^o^lffliSg panied by a delivery ticket and a duplicate thereof, on which shall wei s ht be distinctly expressed, in ink or other indelible substance, in pounds, the weight of the coal contained in such vehicle or recep- tacle, together with the name of the seller and the name of the purchaser of such coal. One of such tickets shall be surrendered, upon demand, to the sealer of weights and measures, for his inspec- tion, 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 delivery of such coal, and the other ticket shall be retained by the seller. If the purchaser, or his agent, takes such coal from the place of purchase, a delivery ticket, showing the actual number of pounds delivered, shall be given to the purchaser or his agent, Connecticut eg at the time of delivery. Any person who shall violate any provi- sion of this act shall be fined not more than two hundred dollars, Penalty or imprisoned not more than six months, or both. pub All sales of milk or cream shall be made by wine measure. M.a.iJ?*' l9 "' cht Sec. 10 Milk and cream to be sold by wine measure Every person who shall violate any provision of section ten, eleven, or twelve of this act shall be fined seven dollars for each offense. A printed notice containing sections one to twelve, both in- NoHce 4 of sees. 1-12 to elusive, of this act, and this section, shall be conspicuously posted be P ub sned in all public places, creameries, or factories where milk is received or sold. The dairy and food commissioner shall have power to enforce f^r and duty of the provisions of the preceding sections of this act, and when the necessary evidence is submitted by the Connecticut agriculture 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 linseed meals, cottonseed meals, pea meals, cocoanut meals, gluten JJjJSfTgSJJ stuff" 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 corn, buckwheat, or broom corn, nor feed ground from whole grain and sold directly from manufacturer to consumer. Every lot or parcel of concentrated commercial feeding stuff, SStiSeS* oi weight sold, offered or exposed for sale shall have affixed thereto in 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 manufac- turer or importer, * * *. DELAWARE. The standard weights and measures of the United States, now , < rf . 1 , 1 > rr .. TV , Rev - Code, Title 9, deposited in the secretary s office at Dover, 1 are the true and legal Ch - 6 ?. 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 sec- \ . ~ , ,. P * ._., County regulators appointed by the governor, for the term of four years. The said Te nd ath regulator shall be sworn, or affirmed to perform the duties of his office faithfully and impartially. He shall within thirty days, from his appointment, give bond to the state, with sufficient Bond 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 ff^'jor regulating months of September and October, appoint a time in three of Bights and measures 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 Dutle8 of regutator shall give twenty days' notice of these appointments by five ,. f r TT , ,, . V1 Regulation of weights advertisements in the hundreds respectively. He shall in like 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 hun- dred 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. 1 State chemist made custodian of standards. (See Laws of 1909, ch. 63, p. 116.) 61 62 Laws Concerning Weights and Measures lenity for a s i n g If an Y person shall buy, sell, or barter, by any weight, or meas- weights not stamped urCj scale, balance, or other weighing apparatus, that has not been duly regulated and stamped, or if any person shall make, or use, a false stamp, or brand, for stamping weights and meas- ures, he shall forfeit and pay five dollars, to any one who will sue for the same. c e are 6 of the duplicate Each regulator of weights and measures shall, preserve and standards keep, in good order, the duplicate standards belonging to the county, and the balance furnished 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, d???*. vol. 17 That tne regulator of weights and measures in and for New lection of weights Castle county, shall, once in every year, advertise in at least two and measures in New- newspapers in the county, one of each political party, the place castle County ^ , . - * , i TT 1 n i where his 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 meas- ures 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 measures, and stamp the same plainly with the letter S and the initial of his county and the current year. He shall also in like manner, at all other times, test and adjust such beams, scales, weights and measures as may be brought to him for that purpose. fees' for trying and ^or wn i cn trial and adjustment the said regulator for New adjusting weights andCastle county, in addition to the salary already allowed by law, measures ,,*-, * 1 r ^1 . rn shall demand and receive from the proprietors or owners ot 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 pounds or under, fifty cents, and an additional sum of five cents for every one hundred pounds not exceeding two thousand pounds, and any platform scale drawing over two thousand pounds shall be classed as coal or hay scales; for every yard measure, two cents; for every bushel measure, ten cents; for every half -bushel measure, seven cents; for every peck and 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 , tional charge or fee for labor or materials furnished for adjusting said beams, scales, weights and measures to be fixed by agree- * ment between the regulator and the owner or user thereof; pro- vided, always, that the said regulator shall only be entitled to one- half of the above fees for stamping such beams, scales, weights and measures as he shall find to be correct after testing the same. The said regulator may collect by suit, before any justice of the collection of tees 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 Laws d88 3 ), vol. i 7 , to immediately seize and deliver to the attorney general all false **sU? 3 as amended by beams, scales, weights and measures that he may find within the^p. 1 ^' 1 ' 3S> ch ' county which he is unable to adjust, together with a written U rt^c? ffalsemeas ~ 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 pro- visions 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 regu- lated by weight or measure. In case any user or owner of such beams, scales, weights an measures, within the county of New Castle, in this State, shall 27 ^> 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 measure; or shall purposely alter any beam, scale, weight, or measure, so that the capacity is diminished or increased after the same shall have been adjusted and stamped; or shall, in buying or selling, knowingly use any beam, scale, weight, or measure, so altered, or shall purposely alter, any beam, scale, weight or measure so as to impair the adjustment thereof after the same shall have been adjusted and stamped; or shall knowingly have in his pos- session 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 penjlXy 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 j- en days, an( j ) f or 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 viola- tions 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 Treas- urer of New Castle County. weights in public That all beams, scales, weights and measures tested, adjusted markets and stamped under the provisions of this act, which shall be used in the public markets and market houses of any city or incorporated town in said county, shall be liable to be tested and adjusted by the Regulator of Weights and Measures of such city or town, but no fee shall be charged therefor; provided, however, that if, upon such testing and adjustment, such beams, scales, weights or meas- ures shall be found to be false, the person or persons in whose pos- Penaity session the same shall be found shall, in addition to the fees pre- scribed by Section 3 of this act, pay to the Regulator of Weights and Measures of such city or town the fees allowed to such regu- lator for like services under the ordinances and regulations of said city or town. Administering oaths That the said Regulator of Weights and Measures is hereby authorized and empowered to administer an oath or affirmation to any or all proprietors or owners of any beams, scales, weights or voL a iT' l88a> h SS2> measures, named in this act, to ascertain whether they are used ^ * for the purpose of buying or selling, as is contemplated by this act. charcoai ard bushel *" That the standard measure of charcoal in this state shall be two thousand seven hundred and forty-eight cubic inches for each and bright of cSircoai re9ever y k usne l 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. (1883-1009) Rev. Code, 1893, ch. 28, sec. 17, as amended by ch. 63, Laws, 1909, The State chemist be and the same is hereby made the cus- State chemist custo- , -. - , ^ , . 1 .. J , . ., dian of weights andtodian of the standard weights and measures, together with bal- ances for adjusting duplicate standards now in the custody of the Secretary of State. Duties of The 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. code.^893. ch. 37 ^pj ie p ro thonotary shall preserve and keep in good order the f dupllcate duplicate standards of weights and measures deposited in his Delaware g_ office; but he shall allow the commissioner of weights and measures of his county free access to, and use of, the said duplicates, and the occasional custody of them, as may be required for the dis- charge of his duties. That from and after the approval of this act, the standard Laws - w. ch.i6 7>P . measure of milk and cream in this State shall be fifty-seven and^sec. i seventy-five one-hundredths cubic inches for each and every urf tandard miUt meas ' 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 ^ ws> I909 - ch - * Nine Hundred and Nine, it shall be unlawful for any person, firm If- i , . , , ff e i -, r Standard gallon for or corporation to sell or oner for sale, or to demand from any per- mlU 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, 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. All acts or parts of Acts inconsistent herewith are hereby re- pealed. It shall be the duty of the Regulator of Weights and Measures ^Laws.iw.ch.iw.p. in and for New Castle Countv, to inspect, when requested so to do, 3 sec. i , J ' t1 r ... \+ , . i Stamping miiK cans 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 ^g pe 2 ctillg ^^ oanS( of this Act, the said Regulator of Weights and Measures, in and "^^ 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 corn, is sold by the bushel, and there is *' s **' l893 ' ** no special agreement as to the measurement, or weight thereof, the bushel shall consist of sixty pounds of wheat, and fifty-six pounds of corn. 8 57 8-i 2 5 66 Laws Concerning Weights and Measures Packages of meal Hogshead Regulation and size All casks for the exportation of breadstuff s, shall be made of of casks ior exportation g OOC i 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 corn meal, made from corn sufficiently kiln-dried, shall be packed for exportation from New Castle County, or from Middleford, or Seaford in Sussex county, to any foreign port, or any port in the United States where there are no inspection laws, in strong tight hogsheads, made of good seasoned white, or red oak, well hooped and secured the staves forty-one inches long, twenty-seven inches diameter at the head and to contain 800 pounds net, or in casks twenty-six inches long, 1 6% inches diameter and to contain 196 pounds, or in half barrels 22 inches long, 12^ inches diameter, and to contain 98 pounds, under the same penalty herein provided for flour; except that wheat flour, or kiln-dried Indian corn meal, may be exported in sacks, or packages, if 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 hogs- head, of breadstuff manufactured by him (for exportation), and mark the kind and quality, and weight, tare and net, under pen- alty 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 Governor shall appoint a flour 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 sworn, or affirmed, and shall hold office for four years. Breadstuff to be in- No person shall ship, or load, for exportation from New Castle County 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 Delaware g- where there are no inspection laws, any superfine, or common flour, or middlings, 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 |ec. 7 piercing; or if necessary, by unpacking. If, on unpacking, the quantity be found 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 stamping 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 "C. D.;" 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 flour," "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 export- ing, or intending to export the same, whether approved or con- demned. In case of dispute concerning inspection, any judge of the State 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 breadstuff s inspected, as merchantable. The inspector or his deputy, shall, when required, go on board any vessel within ten miles of Wilmington, New Castle, or Port 110 " 1 * 1 Penn, Middleford, or Seaford, to inspect more than fifty casks under 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, d< } spector raay 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 inspec- |^M 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 Penalt ? 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. Fori eitureoiun- ^ anv fl ur > branded " superfine," or " common " shall be found, marked mixed flour on inspection, to contain corn meal, or other mixture and adultera- tion, it shall be forfeited to the State, and may be seized as afore- said, 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 oi flour (That all superfine or common flour, middlings, rye flour, and Indian corn 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.) (1867) That whenever Indian corn meal shall be sold by the bushel, Rev. Code, 1893,9-546 , . , , ,., J . , , ,, ~ set. i fa and no special agreement as to the measurement or weight thereof selling of Indian meai shall be 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. 27 o, That on and after the first day of April, 1899, after this Act P '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 . > ' . . . in avoirdupois of the flour or other gram meal contained in such bag, package, parcel or box. fixity That on 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 twenty- five dollars, besides the costs of suit. Misbranding That if on 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 public, such person or persons, firm or firms, corporation or corporations, shall upon conviction thereof, forfeit and pay a fine of twenty-five dollars besides the costs of suit. Delaware 69 That all loaves of bread manufactured from wheat flour in ]Uws - Ig 9 8 - vo1 - whole or in part, sold or offered for sale in this State by the baker se 9 c 2 .'?' 2 or manufacturers thereof or by any other person whether whole- 8 n sale or retail shall weigh at least one pound avoirdupois weight. If any baker or manufacturer of bread into loaves from wheat flour in whole or in part, or any other person shall in this State sell or offer to sell to any person any such loaf of said bread that shall weigh less than one pound avoirdupois weight he, she or they, or it shall be guilty of a misdemeanor and upon conviction thereof, shall forfeit and pay to the county wherein such sale or offer to sell is made, a fine of not less than five dollars, and not more than twenty-five dollars and upon default of the payment of said fine shall be imprisoned in the County Jail not exceeding thirty days. A perch of stone shall contain, when measured in the wall, d, 1 ^ 8 ' I893> vo1 ' J9> twenty-four and three-quarters cubic feet; when measured in | e e c r - c ^ , stone square piles on the ground twenty-seven cubic feet. When meas- ured 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 measured and computed according to the following rules governing the measurement of mason work, i. e., mason measurement shall be the basis of settlement. 1 From and after the first day of May A. D. 1903, the Inspector 83 ^ aws> 19 3>th4 ' p - of Plumbing, of the city of Wilmington, shall assume the duties ^spectoroi plumbing of Gas Inspector in and for the said city, and shall perform the to be a!so gas ^P 81 ** duties hereinafter provided for. The Gas Inspector shall make a daily inspection and test of the f o c make daily test of gas as to candle power and report the result of said test to the gas Council monthly. Any consumer of gas can have his meter tested under the super- inspection ot meter vision of the Gas Inspector upon filing application for same, if meter proves correct, in accordance with United States standard, the applicant shall pay costs of said test, provided however the cost shall not exceed fifty cents. If the said 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 the City of Wilmington. 1 NoTB. See also act of April 17, 1893, prescribing units of measurement in various trades. DISTRICT OF COLUMBIA From and after the passage of this act the sealer of weights and^sec? ' 1 " measures 1 shall receive a salary of two thousand five hundred Sealerof weights and dollars per annum in lieu of fees. Such officer shall be appointed by, and shall be under the direction and control of, the Commis- sioners 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 Dis- trict 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 ^radr^uireS 6 two sureties or with the guaranty of a bonding company, to be approved by the Commissioners, conditioned on the faithful dis- charge of the duties of his office, and shall take and subscribe on oath or affirmation before the Commissioners that he will faith- fully 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 sec-* . . Assistant sealer ol 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. 2 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 Eltra employees sealer of weights and measures at an aggregate expense of not exceeding five hundred dollars in any one year. The said Commis- sioners 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 be ( 1 Title changed to " Superintendent of Weitrhts, Measures, and Markets," by joint 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 services, 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. Disposition of fees An feeg collected by the sealer or assistant sealer of weights and measures shall be paid over to the collector of taxes of the Dis- trict of Columbia under regulations to be prescribed by the Com- missioners of the District of Columbia, and be covered into the Treasury of the United States as other revenues of the District are now. oath of assistant The assistant sealer of weights and measures shall take the same sealer oath his principal is required to take, and may, 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 surveyor, 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, under his direction, the ciuKpSJer to perform assistant sealer 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 try and prove all scales, weights, beams, and measures of every kind whatsoever used in the District of Columbia for the purpose of buying and selling, 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 found 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 meas- ures 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 measures; but on the written request of such manufacturer or other person the sealer of weights and measures shall test, or cause to be tested, and shall stamp as herein provided all such scales, thflinHed^suu^no" beams, weights, or measures offered for sale: And provided further, to basted by District That j^^ng herein 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 furnish Sec - ? the sealer of weights and measures a book to be kept in his office, TeTrewrd 68 ' 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 sec.s i , i 111. weights must be ex- measures, beams, or other instruments used by him or her m hlb ed on demand ot 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 herein- before provided for. That no person shall use for buying or selling, or for weighing ac f e ^| I : a ^ 8 a |^ edby freight or express matter, any weights, measures, scales, or other scales for commercial ^ .. * in i , purposes must be ap- 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 meas- ures. 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 , . , . j , n i A*. weights and measures nothing herein contained shall prevent at any time the examina- tion and condemnation of any weights, measures, scales, or other instruments that may be found defective. The Commissioners of Lfanits ' toleranc 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 Com- missioners 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 further sentence that the offender be imprisoned in the District jail for any period not exceeding six months until the payment of such fine and costs. sec. 10, as amended No person shall sell or offer for sale anywhere in the District of by act Jan. 22, 1907 r\ t t j j'j.'r 1 j True weight andColumbia any provisions or produce or commodities of any kind for a weight or measure 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 orig- inal 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 bunch, may be offered for sale and sold in other manner than by weight or measure; but in all cases where the person intending to purchase 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. J ^ n ^ P erson 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 punished 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 imprison- ment shall not exceed the period of six months. b y S act Mar as 3 i an ^? ed That no person shall sell, or deliver, any coal, or coke, within certificates of weight the limits of the District of Columbia unless at the time of the of coal required .. ., delivery thereof to the person in charge of 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 7 e 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 Colum- bia on information filed by the corporation counsel or one of his assistants. That no person in charge of the wagon or conveyance used in vexing the weight delivering coal, to whom the certificate mentioned in section n ads of "^ 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 fi# to be responsl . inspect, or cause to be inspected and tested, the weight of coal soldjj,j J^g^J 2 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 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 ; and 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. 16 this Act be, and the same are hereby, repealed. Resolved by the Senate and House of Representatives of the United ap ^ ved R ^ *; 91 ' 6 ' States of America in Congress assembled, That the sealer of weights ch ^y ed e of '>' and measures of the District of Columbia shall hereafter be known and designated as the "superintendent of weights, measures, and markets." Laws Concerning Weights and Measures It shall not be lawful for to sell Penalty Act, 1896, Pub 166 Sec. No. Bushel Webb's Digest, p. 125 * - j-- oncm JLWI. ut lawim iv,i any person or persons to sell any reared* dry m asure article by dry measure, within the limits of this Corporation, unless 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 y measure nd District of Columbia in the name of said District in the same man- ner 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 one- half inches in diameter at the bottom, twelve and three-eighths inches deep, and the staves three-fourths of an inch in thickness. Every half -bushel measure shall not be less than twelve and one- half 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 measure 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 one- eighth 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 quarter- peck 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. That when potatoes are sold by weight the lawful weight of a 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 Hali peck Quarter peck SCC 2 Weight of bushel of potatoes District of Columbia *j District of Columbia, in the name of the said District, in the same manner as other fines and penalties are recovered. It shall be unlawful for any person to falsely represent himself P 4 ct> N( f ar - 3 > I8 *>- or herself as being a weighmaster of hay, straw, fodder, or corn, or sec'. 1 ? ' to make, give, or issue any certificate of the quantity of hay,wfi8SK icn ot straw, fodder, or corn weighed in the District of Columbia. That hereafter in the District of Columbia three hundred and | ndard fifty pounds of corn on the cob shall constitute a barrel and * 11 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 sec^ 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, 1 Webb's Digest, P . the shape of which shall be fixed by the Mayor (Commissioners) ^ i8 52 ) ,7,,,, 1 r i .. j 1 Charcoal, how sold and sealed by the sealer of weights and measures ; and any person selling 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 OP THE DISTRICT OF COLUMBIA. ORDERED: That the sealer of weights and measures is hereby as^ubffqui'n'tiy directed and empowered to make the following 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 c\ i -i . r i * 11 Scales, counter-platform, under 200 pounds, semi-annually Scales, counter-platform, over 200 pounds, semi-annually .................... i Scales, platform, Butcher beam, abattoir and dormant, under 2 tons, semi- annually -Scales, wagon and dormant, over 2 tons and under 15 tons, semi-annually. ... 2 Scales, railroad track, 15 tons to 50 tons capacity, semi-annually 3 Scales, railroad track, over 50 tons, semi-annually 5 All weights sealed (each) All dry measures, size of half bushel or less (each) All dry measures, over half bushel (each) All liquid measures of i gallon or less (each) All liquid measures over i gallon (each) All yard measures sealed, annually (each) f r 1 2,000 pounds, when sold by weight, constitute a ton. (Opinion of Coporation Counsel, 1905.) 78 Laws Concerning Weights and Measures Dry measures of a capacity over one-half bushel : i to 25, inclusive (each) $o. 25 i to 50, inclusive (each) 20 i to 100, inclusive (each) 15 Over 100 (each) 10 Dry measure, half bushel or less: i to 10, inclusive each) 10 i to 25, inclusive each) 09 i to 50, inclusive each) 08 i to 100, inclusive (each) 07 1 Ice cream measure: i to 50, inclusive (each) 10 i to 100, inclusive (each) 08 i to 200, inclusive (each) 07 200 or over (each) 06 Liquid measures over i gallon (each) 25 Liquid measures, i gallon or less: i to 10 measures, inclusive (each) 10 i to 25 measures, inclusive (each) 09 i to 50 measures, inclusive (each) 08 i to 100 measures, inclusive (each) 07$ 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 assu e bstq g uent 8 i 9 J ORDERED i That so much of the order of April 23, 1896, as relates amended to tolerance to be allowed for public scales and balances, is hereby Tolerances on 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 ounces in excess, nor more than 1 6 ounces in deficiency in each 2,000 pounds. Weighing scales from 15 tons to 50 tons capacity, not more than 1 6 ounces in excess, nor more than 12 ounces in deficiency in each 2,000 pounds. For weighing scales from 3 tons to 15 tons capacity, not more than 1 2 ounces in excess and not over 8 ounces in deficiency in each 2,000 pounds. For weighing scales from 1,500 pounds 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 ounce in each 25 pounds in deficiency. All spring balances, counter and platform scales under 200 pounds capacity, not more than i ounce in each 60 pounds in excess, nor more than i ounce in each 50 pounds in deficiency. All weights belonging to their respective scales shall compare to standards kept in this office. Toferance ly on I3 'pa^r ORDERED i That pursuant to the authority given the Commis- sioners of the District of Columbia by an act to amend section 9 of an act entitled "An Act to provide for the appointment of a District of Columbia 79 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 Amendment 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, 1912, 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 one- half 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 ounces 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 8e ^f mspectionand for such inspection and sealing. That the legal standard ton of coal in the District of Columbia Le d d w^htVaton shall be two thousand two hundred and forty pounds. * * * ol coa i The [Inspectors of Lumber *], Inspectors of Wood, [Inspectors order, Sept. 29 , 1902 of Coal *], Inspector of Boilers, Inspectors of Flour, Commissioners 8p |JgJf vlBto11 of in " of Flour, and the Inspector and Gauger 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. 1 Amended by later order. (See next paragraph.) 8o Laws Concerning Weights and Measures Pnspecio^soj coaf and The order of September 29, 1 902 , placing the offices of Inspectors lumber o f Dumber, Inspectors of Wood, Inspectors of Coal, Inspectors of Boilers, Inspectors of Flour, Commissioners of Flour, and Inspector and Gauger of Spirituous Liquors under the Sealer of Weights and Measures, is hereby modified by transferring the supervision of the Inspectors of Coal and the Inspector and Measurer of Lumber who inspects lumber purchased by the District to the Superintend- ent of Property of the Engineer Department. Webb's Digest P 4 6i -^ s ^ a ^ ke the duty of the Mayor, 1 annually, about the fourth sec. i ' Monday in June, and whenever a vacancy shall occur by death, urI p o1?umb a e n r d meas " resignation, or otherwise, 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, scantling, and timber, brought to, and offered for sale within the jurisdiction of this Corporation not previously inspected, measured, and which have not the measurement marked thereon, in accordance with the laws operative in this city, by a lawfully appointed and sworn inspector and measurer, when, as soon as the same shall be sold; an authentic certificate of which fact shall, in all cases, be furnished by the seller; and each of the said inspectors and measurers 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 ^ t sna ^ De ^ & duty of the inspectors of lumber to cut in legible sp Board measure figures the number of feet contained in each board, plank, joist, scantling, or timber, by the rule of board measure, except boards under one inch thick, which shall be measured on the surface, and marked accordingly; all unsound, 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 condemned, and left out of the count. inspector shaii not No inspector shall be permitted to purchase, or appoint any cepMor Se his U private ule deputy to purchase any lumber for him, except for his own use, on pain of forfeiting his office. compensation The said inspectors 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 selling Any person or persons buying or selling lumber contrary to this lumber contrary to this ac t, shall, on conviction 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 g x It shall be the duty of the said inspectors, severally to make | e e c - 6 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 BarrSrior'aouf- g ' June, annually, to appoint, by and with the consent of the Board lordlrs an of Aldermen, five corders and measurers of wood and weighers o 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 1 Now Board of Commissioners. 8578 12 6 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, with- out fear, favor, affection, malice or partiality. So help me God." Said oath or affirmation the person sworn or affirmed shall de- posit with the Register of this Corporation. The Mayor * is hereby authorized, in case of the sickness, ab- corders and coai meas- sence or temporary inability 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 sick- ness, absence, or temporary inability; and each and every person so appointed shall comply with all the requisites of law, and be sub- ject 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. . . , * NO. s 3 following description that is to say, sound and free from decay Method cf packing -ill ,, r * i. i ^.t. i j- i_ ir r 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 regula- Sec. 3 Temporary wood Cord of wood Defective wood Act Oct. 17, 1864 1 Now Board of Commissioners. District of Columbia g- tions, excepting such as may be sold by the wagon, cart, dray or sledge load. The wood corders for their trouble in examining and j_i 111 - o ** Compensation measuring the same, shall receive nine cents for every cord of towoodcorders 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 un- merchantable. If any person bringing or sending any firewood to this city for sec. sale shall sell and deliver the same before it has been corded andeSS measured as aforesaid, except as aforesaid, or shall neglect or re- fuse to have the same corded and measured, such person shall for- feit and pay two dollars for the use of the city for every cord of wood so sold and delivered; and if any person or persons shall pur- chase and receive any firewood brought to the City of Washing- ton for sale, except as aforesaid, which has not been corded, meas- ured, 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 | e e c - 6 rtg 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. 1 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- deal ln coal or wood tinuance in office, deal or traffic 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 eligible to the office of wood corder or coal measurer. That hereafter a legal cord of wood in the District of Columbia p^ ct No A 83 2> I90g shall consist of and contain one hundred and twenty-eight cubic sec. i J Legal cord 01 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 * ^[ es 19 ' 19 6 are hereby, authorized and empowered to make such regulations Si 4era to i mlke reguial as they may deem proper for the sale of the use of the public tions for; prescribe tees hay scales of the District of Columbia, and to place public weigh- masters 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. 1 Now Board of Commissioners. 84 Laws Concerning Weights and Measures 55? TeSa?"D. c p ' A1 1 na y and straw, which may be sold by weight in the Dis- weight tr ^ ct s ^ a ^ ^ e so ^ ky ^ net hundred, and every twenty hun- c -4 - Must be weighed by straw ales f hay andc h"ed pounds.net weight shall be a ton. Webb's Digest. Act All hay, straw, fodder and oats in the straw brought to and Ju s e e c 3 j l8s3 sold within the District of Columbia, whether in wagons, carts, de^to y bIs a id'brweightP ac ^ a S es ' bundles, or otherwise, shall be sold by weight and public 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. No hay, straw, fodder, or oats in the straw shall be sold in the * \ District of Columbia unless the same shall be previously weighed 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 every wagon load, cart load, bundle, bale, or package so sold, to be recovered of the seller be- fore the police court. sec. 5 In case of non-attendance on the part of the person having Penally for absence , ItT j it. ri_-i_ 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 de- tained 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. Persons entitled to the privileges 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 pounds or less, ten cents; all loads between five hundred 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 It shall be the duty of the weigher of hay, straw, fodder or oats weight required m ^he straw weighed, to give 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 cer- tificate; 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 3c vided the certificate is not given to the wagon and pieces are re- weighed, and whenever any hay, straw, fodder, or oats in the in?" owance ** pack " 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 hun- dred 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 Sec - 8 hundred pounds for every hundred weight, that in all cases the io i^uJdf Tolled' 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 Septem- ber, 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 (Gov- ernor) 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 1^. . and adjust the hay scales, and shall be paid 1 one dollar by each jusng 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 Illusive right to use (Governor) shall, after at least five days' public notice sell to the Ja y 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 con- tinue 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- f^nent , amount ders at such sale or sales, and who shall thereby become entitled of bid 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 Dis- * th trict of Columbia, do solemnly swear (or affirm, as the case may 1 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 weighmaster is authorized to charge and receive for charged ftiQ weighing of hay, straw, and fodder, the rate of charge pre- scribed by law and no more; and for weighing live stock at the Fees for weighing m j- e o f one cen ^- p er 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. i 3 The said weighmaster or weighmasters shall keep the scales in Scales to be kept in 1t ,., j j r !- t_ repair all proper and needful repair during the term or period for which Penalty for 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. 1 weight of stock or ^ snan< n t be lawful for any person or persons to sell or offer feed must be certified f or sa i e anv 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 I* sna ll n t be lawful for any person or persons to sell cut-hay in wight an y 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. | e e c pe yj All acts or parts of acts which may be inconsistent with the provisions of this act be, and the same are hereby, repealed. 1 Congress appropriates $200 annually for the care, repair, or removal of scales. FLORIDA Whoever knowingly sells by false weight or measure, shall t Gen - Stats - '9 06 - p- be punished by imprisonment not exceeding six months or by' 3 | (**j*> fine not exceeding one thousand dollars. seii 3 i 7 n s g by false Whoever refuses to have his weights and measures tested, W s t 5 7 " m ' or refuses to pay the fees for the same, or whoever, after his weights and measures have been tested, fails to make them con- form to the standard, and keep them conformed, shall be pun- ished 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: 5l6 (l(w) One standard bushel shall contain 2,1502/5 solid inches. One Itandard bushel and liquid gallon shall contain 231 solid inches. The weights and* allon measures shall be as follows : 1 Lbs. av. per bush. Wheat 60 Corn, shelled 56 Corn on cob with shuck 70 Sorghum seed 56 Barley seed 48 Oats 32 Bran 20 Corn meal 48 Beans, shelled 60 Beans, velvet, in hull 78 Beans, castor, shelled 48 Millet seed 50 Beggarweed seed 62 Irish potatoes 60 Sweet potatoes 60 Turnips 54 Lbs. av. per bush. Onions efi Weights of legal Unions 5 bushel of certain prod- bait 60 ucts 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 sec. 1242 done or anything to be sold or delivered by weight or measure and ta mwJres W to^ shall be taken and construed according to the standard of weights used m contracts and measures hereby adopted as the standard of this State. All merchants, commission merchants, grocers, provision Gen. stats., 1906, ch. dealers, store-keepers and other persons, before selling or offering I9> p ' 527 ( J(X>I ) for sale any grain, flour, meal, grits, corn, wheat, rye, oats, bran, weignfto be marked beans, Irish potatoes, sweet potatoes or peanuts, already put on 8acks of grata> etc - 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 pack- ages shall have marked or stamped or stenciled upon such sack, bag or barrel, so sold or offered for sale, with its contents in figures, at least one inch in length, the exact weight in pounds avoirdupois of such bag, sack or barrel, with its contents. If the bag, sack or barrel is of a dark or black color such figures shall be marked, stamped or stenciled in light colored ink or pencil ; if the bag, sack or barrel is of a light color, then the marking, stamping or stenciling shall be in black or dark pencil, but in all cases the stamping, marking or stenciling shall be plain, legible, and placed conspicuously on such bag, sack or barrel. sec. 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, pro- vision dealer or storekeeper w r ho shall' offer for sale, attempt to sell or sell any of the articles mentioned in section 1243, already put up, placed or packed in any sack, bag or barrel, in original packages, without having such sack, bag or barrel marked, stamped or stenciled as in the manner herein prescribed before offering for sale, attempting to sell or selling the same, shall be punished by fine not exceeding two hundred dollars for each offense, or by imprisonment not more than three months. Laws, 1911, ch. 6122 That it shall be unlawful for any person to manufacture, sell, penalty for violation keep or offer for sale, within the State of Florida, any article of food, drugs, medicines or liquors which is adulterated or mis- branded, 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 mis- demeanor, 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 subse- quent offense, and on conviction thereof, shall be fined not exceed- ing Two Thousand Dollars, or sentenced to not more than two years' imprisonment, or both such fine and imprisonment, in the discretion of the court. sec. 5 That the term "misbranded" as used herein shall apply to all e drugs, or articles of food, or articles which enter into the composi- tion of food, the package or label of which shall bear any statement, design or device regarding such article or the ingredients or sub- stances contained therein which shall be false or misleading in any particular, and to any food or drug product, which is falsely branded, as to the State, Territory or Country in which it is mar.u- Florida factured or produced. That for the purpose of this Act an article shall also be deemed to be misbranded * * * In Case of food: * * * Third If in package form, the net contents of the package are Net wei 8 ht r 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., tgo6 . cn . manufactured, sold in, or imported into this state, shall have S452> p- 1 ^ 05 ' ) 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, on P ack ages of feeding the name, brand, or trade mark under which the commercial S " feeding stuff is sold, the name and address of the manufacturer The sheriffs of the counties of this state are hereby Sheriff author i Z ed to authorized, and it is hereby made their duty to seize and sell atj|J i j an sellwhennot public 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 20 Gen- J tats - I9o6> ch - adopted as the standard rule for the measurement of saw logs, gec I2 ( l55 <>) whether round or square, which are required to be scaled or meas- Doyie ? s rule tor meas- ured within the limits of this state. Whoever buys or sells any logs or square timber by any other g Gen. stats., i 90 6, ch. measure or scale than Doyle's rule and log book, or if any timber 'j**W inspector wilfully makes return of any inspection scale or meas- Penalty urement of timber except according to said book, shall be pun- ished by fine not exceeding two hundred dollars for each offense, or by imprisonment not exceeding six months. When it is mutu- ally 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, Code ' I9II - vo1 - 1 icT-l^l chc.11 K^ oc fa11m.ro- 1 * "$* l8 *> l8 94. * bushel shall be as follows : Wheat Shelled corn. . . . Corn in the ear . Peas Rye Oats Barley Irish potatoes. . . Sweet potatoes . White beans . . . Clover seed Timothy-seed . . Flaxseed Hempseed Blue-grass seed. , Pounds. 60 56 70 60 56 32 47 60 55 60 60 45 56 44 14 Pounds. Buckwheat 52 Dried peaches (unpeeled) 33 Dried peaches (peeled) 38 Dried apples 24 Onions 57 Stone coal g Unslacked lime 80 Turnips 55 Corn meal, bolted or unbolted 48 Wheat bran -. . 2 o Cotton seed 30 Ground peas 25 Plastering hair 8 Rough rice 43 Tan bark per cord 2, 250 . --. .906) Sec. 1880 Weight per bushel Cord 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 supplied 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 weig 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 Sec. is Seal (1853-4, 1866, 1893) Sec. 1883 Penalty (1853-4) Sec. 1883 Selling by deficient 1 For convenience in printing a slight change has been made in arrangement of these articles. 91 92 Laws Concerning Weights and Measures and measures, to the test of the ordinary, and if the complaint is found 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. Itandards to be pro- The Governor 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 ce 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 P 'SW. i8 4 o sufficient staves, three-quarters of an inch thick, not exceeding tine% r uaWo r f, e?c? en ~ nve mcne s wide, not less than thirty nor more than thirty-two inches long; the head not less than one nor more than one and a half inches thick, and the barrel secured with twelve good hoops. sec. 1843 3. All square timbers shall be measured as follows: The length shall be counted from pinhole and the size from the middle of the stick, taking the smallest side and the face, throwing off frac- tions, 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- Every cord of fire-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 court having jurisdiction, the sum of two dollars for every cord so deficient; in case of no deficiency appearing, the fees of the inspector or measurer shall be paid by the buyer. The corporate authorities of any town or city may make such further regulations on this subject as to them shall appear proper to insure the objects of this section. (1*75, 1876, 1889) It shall not be lawful for any scalesmen, salesmen, or other l^aiesien, weighers P erson > * n an y ^ tne cities > towns, or villages of this State, to be c sworn ""* ****** io weigh any bale, bag, or package of cotton, tierce or half tierce of rice, or any other article of produce disposed of by weight, with- out 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 ~ 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, sec. is 4S <> or other cause, as may be reasonable, when the seller or his agent coon duc shall thereto consent: provided, that if the weigher, with the Forbagging 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 deduc- tion shall be not more than twenty-four pounds if it is covered with jute bagging, and not more than sixteen pounds if it is cov- ered 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**f*"' act for any person, firm or corporation engaged in the business of %^ Mon 0{ weigh , buying cotton in this State, as principal or agent, to deduct any of bagging and ties pro- < 1 , r 1 - f i_ 1 r Woited, when sum for bagging and ties from the weight or price of any bale 01 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 any sum of not less than twenty-five dollars, nor more than fifty dollars, or im- prisoned not less than fifteen days, nor more than thirty days. Provided, this Act shall not apply to what is known in the trade Jg? * as round 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 |, repealed. The tare to be allowed on rice shall be the actual tare, as nearly 4g code, i 9 n. vol. i, P. as can be determined, except in cases of the sale of a single tierce, 4 s^*^ 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 f^'another articles nearly as the same can be ascertained, shall be allowed, except 94 Laws Concerning Weights and Measures where the seller and purchaser may expressly agree upon a differ- ent rule. Ifo ' deduction to be ^ sna ^ no ^ ^ e lawful for any purchaser or weigher to make any made for turn of scales, deduction from the weight of any article for or on account of the draft or turn of the scales or steelyard, under the penalty, for every such 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. corporate authorities The corporate authorities of all cities and towns may make may make further rules sucn further regulations for the weighing of produce of all de- scriptions, 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. Cod V|"' /> 48? ^ snau< b e the duty of each and every miller or manufacturer of sec. 1865^ flour or corn-meal (and every merchant or dealer) . offering for Number of pounds '_.< i ,, 1 i stamped on each sack sale said articles, to stamp or have printed on each sack in which either of said articles are packed, in plain figures not less than one and one-half inches in length, the exact number of pounds of flour or corn-meal contained therein: Provided, the provisions of this section shall not apply to grist ground for toll. sec i86 /p 6) ^ flour, grits and corn-meal packed in barrels or half-barrels Fiour, grits and com made of any material, or any package made of wood or metal in marked w pacl ld which flour, grits, or corn-meal are or may be offered for sale, shall be well made and of good material; shall have the net weight of flour, grits, or meal plainly marked in the head, top, or side of the barrel or package with a stencil, or paper label or pencil, with let- ters and figures not less than one inch in length, and the tare marked on the reverse end or side of the barrel or package in like manner. weight 8 in barrels Hvery miller, bolter, blender, or mixer, or other person who and sacks " manufactures or who buys flour, grits, or corn-meal for the pur- pose 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. varia'ttons in weight From the weights above specified variations for inaccuracies will be allowed as follows : On all packages weighing ninety pounds Georgia g,. or over, an allowance of one-fourth of one per cent., and on all packages smaller than ninety pounds an allowance of one-half of one per cent., less than the weight specified in the preceding section. It shall be unlawful for any person to pack for sale, sell, or offer sec. i8 70 for sale any corn meal except in bags or packages containing bymkea kage8 ' how standard weight two bushels, or one bushel, or one-half bushel, or one-fourth, or one-eighth, bushel, respectively. Each bag or pack- age of corn-meal shall have plainly printed or marked thereon, whether the meal is "bolted" or "unbolted," the amount it con- tains in bushels or fractions of a bushel, and the weight in pounds : Provided, the provisions 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 flour in an old barrel which may have sec. i8 7 ; been marked and branded as aforesaid, and which shall still havefl weight ' Any person who shall violate sections 1867, 1868 and 1869 of the f^ 6 ^ ^^ civil code, relating to packing, marking, and weighing flour, grits, f*> marked and and corn-meal, shall be guilty of a misdemeanor. Any person, firm, or corporation who shall sell cottonseed hulls ^ **) in bales or packages, without having the weight thereof pfc^ stamped or branded on each bale or package, shall be guilty of a misdemeanor. 96 Laws Concerning Weights and Measures Penal Code, 1911, vol. 2, P. 140 Sec. 705 Bakers and others selling under assize (1851-2, 1865-6) Sec. 706 Selling by false weights and measures Penal Code, 1911, vol. 2 (1874) Sec. 709 Putting dirt or rub- bish into cotton, rice, etc. Laws, 1906, art. 463, P- 83 vSec. 5 Misbranded Any baker or other person selling bread under the assize estab- lished by the corporation of any city, town, or village, or the rules laid down by law, shall be deemed a cheat, and shall be punished as for a misdemeanor. If any person shall knowingly buy or sell by false weights or measures, he shall be deemed a common cheat, and shall be pun- ished as for a misdemeanor. 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, or other article, prepared for market, any dirt, rubbish, or other thing, for the purpose 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. That for the purposes of this act an article shall also be deemed to be misbranded- Sec. 12 Feeding stuff condimental feed. Branding Net stated weight to Sec. 20 Penalty 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. and That every lot or parcel of concentrated, commercial feeding- stuff and condimental feed used for feeding domestic animals or poultry, sold, offered or exposed for sale within this state, shall be registered annually with the Commissioner of Agriculture, and shall have affixed thereto, or printed on the bag, or other package, in a conspicuous place, on the outside thereof, a legible and plainly be printed 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 seventy- five or two hundred pounds each, also the name, brand or trade- mark under which the article is sold, the name and address of the manufacturer, importer or jobber * * * . * * * Any violation of the provisions of the sections of this act relating to feeding-stuffs for domestic animals, shall be pun- ished by a fine not exceeding fifty dollars, or imprisonment not exceeding thirty days, or both in the discretion of the court. HAWAII It shall be the duty of the Superintendent of public works to (**<**. *w) procure a standard set of weights and measures; and he shall IOI 3 CV annually (or oftener in his discretion) cause all beams, weights and iundaKi weights and measures in this Territory, used by persons selling any goods, S ea th U e e9 wl? g hts test and wares, merchandise, fruits, vegetables or other commodity, to be [^ easure9 of ^ coun - 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 m 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 reason- able 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 meas- ure, 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, f he standard weights and now used, or that may be adopted and used by the United *? d measures to be -,. ' * those of the u nited States of America. states Whenever any wheat, rye, Indian corn, barley or oats, shall be fee. 2690 , 1 ., 1 ., i , ' J . J . Standard weight of sold by the bushel, and no special agreement as to the measure- me bushel 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 corn, of forty-eight pounds of barley, and of thirty-two pounds of oats. If any person shall sell any goods, wares, or merchandise, fruit, ISJiSg 1 for selling vegetables, or other commodity whatsoever by any beams, weights, 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. p e e c nattT for altering Any person who shall wilfully and fraudulently change any beam, weight or measure after the same shall have been tested and sealed, shall be liable on conviction, to pay a fine not to exceed Fifty Dollars for each such offense. Whoever, in the sale or purchase of any merchandise or other Iaise 3 weight or meas- property, shall use any false weight or measure; or cheat another by the fraudulent use of any legal weight or measure ; as for exam- ple, 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. "' I9 s>c IDAHO The Dairy Food and Oil Commissioner 1 shall be ex-officio Rev - Codes - 1908, P . inspector and sealer of weights and measures and shall have the** (w-w) care and custody of the authorized public standards of weights teaieroi weights anvo Any person who knowingly sells any goods, wares or merchan- taise 7I weights and dise, or any valuable thing, by false weight or measure, or know- "sec"^ ingly uses false measures at any mill in taking toll for grinding corn, SeUin8: by wheat, rye, or other grain, is guilty of a misdemeanor. Every person who uses any weights or measures, knowing it to S?*? 10 ;, t_ r 1 i_ -L-I- xi- j r j j i Usm S false 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 lumping false weight or measure, or false tare, on any cask or package, or know- we >e h ' n 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 09 by ton or the ton or fractional part thereof, the seller must give to the pur- pound 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- ^JJ 1 welght must be pois weight, the seller must give to the purchaser full weight, at the rate of sixteen ounces to the pound. Any person violating this section is guilty of a misdemeanor. Every person, association or corporation, or the agent of any per- fraudulent scales for son, association or corporation, engaged in the business of milling, JS* 1118 or assa y in 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, knowing 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 imprison- ment 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, sampling, f value oi 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 IO2 *' ..:.*.... Laws Concerning Weights and Measures state the actual weight, assay value, and total amount paid for any Fraud in sale of ore^ot O r lots of ore purchased, or who, by any secret understanding or agreement with another, issues a bill of sale or certificate of purchase that does not exactly and truthfully state the actual weight, assay value and total amount paid for any lot or lots of ore purchased, or who, by any secret understanding or agreement 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 punished as provided in the preceding section. |ess. 6 Laws,i9o 3 ,p.9i Each lumber inspector shall, in person or by deputy, at the Measuring lumber 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 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. ^RCV. codes, 1908, p. ~ ac h package of butter offered or exposed for sale shall have sec ijz 90 ^ stamped upon the wrapper or package, the actual number of weight of butter ounces contained in said package. Each square or roll of butter kept, exposed or offered for sale in the State of Idaho, which is represented to contain one pound in weight, shall contain full sixteen ounces; and each square or roll of butter kept or offered for sale in the State of Idaho, which shall be represented to contain two pounds net weight shall contain full thirty-two ounces. sess. Laws, 191 1, ch. That, for the purpose of act, an article shall also be deemed to 196, P. 653 . ' see. 6 be misbranded " Misbranded de- *' ."*'"***"** fined In case of food: ******* 3. If in package form, and the contents are stated in terms of weight or measure, the net weight or measure is not plainly or correctly stated on the outside of the package. ( r907 ) The State grain commission consists of three qualified electors ^Rev. codes, 1908, P . o f t ke State of Idaho, who are appointed by the Governor to hold Idaho office for two years and until their successors are appointed and sec. t 47 8. as amended qualified, unless sooner removed by the Governor. The commis- ** & sioners shall be appointed each odd-numbered year. Said com- sion tete grata commis ' 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. * * * The said commission shall exercise general supervision Sec.i 479 .as amended over the hay and grain interests of the State, and of the handling, ^T Sess - Laws - I909> p - inspection, weighing and storage of hay and grain, and of the chfrg^welghlng^nd management of public warehouses, shall investigate all complaints storinghayand s ;rain of fraud or injustice in the hay and grain trade, and may fix the charges of public warehouse men. * * * The 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 chap- ter or any law of this State in regard to the same. Upon written complaint filed with the Commission [State Grain Rev - Codes ; . sj*- /-v . -I i . r T r TT r\ r\ 1 '^1 I493g - ^ """^ed by Commission] charging an Inspector of Hay, Gram or Scales withsess. Laws, i 9 n, ch. official misconduct, inefficiency, incompetency, or neglect of duty, 49 compiaint against in- the Commission shall investigate such charge, and if any of such sp( charges be sustained, shall remove such officer. All scales used in public warehouses, depot scales, street scales, b ^|^3^aenacted or scales used in stockyards, for the weighing of grain, hay, woo l> cl y!rehouse an l coal, livestock, or other farm commodities, shall be under the con- pot scales, etc., 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 b^f 3 require to be correct all scales used in weighing hay, grain, wool, ch ^ lual 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, Laws Concerning Weights and Measures to issue to the owner or manager of such warehouse, depot, agent, manager or owner or any such public scale, a certificate author- izing 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 cer- tificate 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 ($1.00) for each wagon scale and Fifty Cents (soc) for each platform scale so inspected as herein enumerated. Any person, agent or corporation who shall obstruct any In- Ch 6bstructing official s P ec tor 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^'e^LawsTSS Any Inspector, Deputy Inspector, or Scale Inspector who shall ch careiessness in in- knowingly or carelessly inspect any grain or scales, or weigh, grade, ejecting 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 mis- demeanor, and, upon conviction thereof, shall be punished by a fine not to exceed One Hundred Dollars ($100) and costs of prosecution. 49 S !S' ^ aws> I9 "' ch ' It * s nere by made the duty of the prosecuting attorneys of the prosecutions various counties of this State, upon proper information being made before them, to prosecute any person, firm, company or corpora- tion charged with the violation of any of the provisions of this act. ILLINOIS That the weights and measures received from the United States, 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, 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 may 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 pur- pose 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 ascer- tained. 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, the weight per bushel or barrel, or divisible merchantable quantities of a barrel, shall be as follows: * Rev. Stat., 1909, ch. 147, p. 2076 (1*4$ Sec. i Standards Sec. 2 State sealer to keep Sec. 3 Heaped measure Sec. 4 Measures not heaped Sec. s Hundredweight, ton Sec. 6 Contracts (184$, l8QI, ISQS) Sec. 7 Weight per bushel of produce 1 For convenience in printing a slight change has been made in arrangement of these articles. io6 Laws Concerning Weights and Measures (1845} Sec. 8 Penalty Wheat flour ............. per bbl. Wheat flour ......... per K bbl . Wheat flour ..... per X bbl. sack. Wheat flour ..... per yi bbl. sack. Corn meal ...... per bush. sack. Corn meal .... per ^ bush, sack . Corn meal ...... per % bush. sack. Stone coal ........... per bush . Unslacked lime ........... do ... Corn in the ear ............ do. .. Wheat .................... do ... Irish potatoes .............. do. .. White beans .............. do. .. Clover seed ................ do. .. Onions .................. do ... Shelled corn ............... do. .. Rye ..................... do ... Pounds. . 196 . 98 . 49 24 12 80 80 70 60 60 60 60 57 56 56 Pounds. Flax seed per bush . Sweet potatoes do ... Turnips 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. . . Sec. 9 State sealer Duties Stamping Sec. 10 County sealer County standards Sec. n Duty ol 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 author- ized 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 oflficio, state sealer of weights and measures, and shall have the care and custody of the author- ized public standards of weights and measures. 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 county clerk of each county shall be the sealer of weights and measures for the county, and shall have the care and custody of the county standards. He shall procure, 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 IO y The secretary of state and each county sealer shall be entitled | s 12 to receive for his services, at and after the following rates: For sealing and marking every beam, ten cents ; for sealing and mark- ing 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 meas- ures conform to the standard established by this act. Every county clerk who neglects to have the standards under f^ 1 ^ for neglecting his charge compared and sealed as required by this act, or neglects to test count y 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 | e e c ,^ y 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. , g , That the standard of analysis for milk in this State as to the sec.ij 1 ,i i -r-rr .1 .< Standard of analysis ingredients and preparations shall be: Water, eighty-eight perotmiik cent; milk solids, twelve per cent; and such milk solids shall contain not less than three per cent of butter fat. When con- tracts 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. ( Z909 ) That the city council in cities, and the president and board of | e c w er O f municipal trustees in villages and incorporated towns shall have power to^ l t e h s or ^ ei t g ht re ch ' (55) The city council in cities, and president and the board of i^f c 7 ^ trustees in villages, shall have the following powers : To provide cuy 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 * * * public scales. ^sess. Laws, i 9 n, p. * * * T hat for the purp ose of this Act an article shall also Misbranding, when be deemed to be misbranded 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. ^sess. Laws, 1905, P. ^ ve ry lot or parcel of concentrated commercial feed stuffs, as by ess I 'Laws at ? 9 e ? I d< P J defined in section 2 of this Act, used for feeding farm live stock, sold or offered or exposed for sale within this State, shall have affixed thereto, in a conspicuous place on the outside thereof, a plainly printed statement in the English language clearly and truly certifying (a) the net weight of the contents of the package, lot or parcel; (6) 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 mar- ket; * * *. feed%tufls defined The 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, corn, oat and barley feeds, chop feeds, corn bran, ground beef or fish, scraps, meat and bone meals, mixed feeds, except as other- wise 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 contain- ing any of the substances included as concentrated commercial feed stuff as defined by this section, patented, proprietary, trade- marked 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. sne; what not in- The term " concentrated commercial feed stuffs," as used in this cluded act, 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 Illinois 109 Test weights shall it include wheat bran or wheat middlings not mixed with other substances but sold separately as distinct articles of com- merce, 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. (/) State inspectors [of mines] are hereby made ex officio sealer Sess - I ' aws ' *9". of weights and measures in their respective districts, and as such 39 sec. s are empowered to test all scales used to weigh coal at coal mines. is S te fficTo e Upon the written request of any mine owner or operator, or of ten weights and measures 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 until such scales are adjusted. In the event that such tests shall conflict with any test made by any county sealer of weights, or under and by virtue of any municipal ordinance or regulation, then the test by such mine inspector shall prevail. (k) For the purpose of carrying out the provisions of this Act, each State inspector shall be furnished by the State with a com- plete 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 Sec- retary 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 amounts expended by him for the storage, transportation or handling of the same, he shall be fully reimbursed upon making entry of the proper items in his expense voucher. (a) The operator of every coal mine where miners are paid by the weight of their output, shall provide at such mine suitable and accurate scales for the weighing of such coal, and a correct record shall be kept of all coal so weighed, and said record shall be open at all reasonable hours to the inspection of miners and others interested in the production of said mine. (b) The person authorized to weigh the coal and keep the record 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 weighman at their option and at their own expense, whose duty Sess. 416 Laws, 1911, p. to provide Weighman Check weighman no Laws Concerning Weights and Measures it shall be to balance the scales and see that the coal is properly weighed, and that a correct account of the same is kept, and for this purpose he shall have access at all times to the beam box of said scales, and be 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. ^Rev.^stat., 1909, ch. A^ a t the time such grain is received by it for transportation, (1871) such corporation [railroad] shall carefully and correctly weigh the weighing 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, shrinkage ine ut ~ ^nd sucn corporation shall weigh out and deliver to such ship- per, 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. Damages i n default of such delivery, the corporation so failing to deliver the full amount of such grain shall pay to the person entitled thereto the full market value of any such grain not delivered at the time and place when and where the same should have been delivered. Evidence shortage jf an y suc h corporation shall, upon the receipt by it of any grain for transportation, neglect or refuse to weigh and receipt for the same, as aforesaid, the sworn statement of the shipper, or his agent having personal knowledge of the amount of grain so shipped, shall be taken as true, as to the amount so shipped; and in case of the neglect or refusal of any such corporation, upon the delivery by them of any grain, to weigh the same, as afore- said, 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 corpora- tion 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. Rev. stat.. 1909. ch. At all stations or places from which the shipments of grain by (1871,1877) the road of such corporation shall have amounted during the Ra c iiroa 9 d scales 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 weigh- Illinois in 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 Wel * ta 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 require- ments of section first, second and fifth of this act, it shall, in addition to the penalties therein provided, forfeit and pay for Penaltle8 every such offense and for each and every day such refusal or neglect is continued the sum of one hundred dollars ($100), 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, includ- ing 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 Ir ^ ev - stati> I909 ' ch - same, in any public warehouse, and all duly authorized inspectors Sec 7l) of such property, shall at all times, during ordinary business m ] | IM 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 ware- houses 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 incor- rect 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. ii2 Laws Concerning Weights and Measures H^P?!?*" I909> h- That there shall be appointed by the railroad and warehouse sec i86 l553) commissioners in all cities where there is state inspection of grain, weighmastet AP- a State weighmaster and such assistance as shall be necessary. sec. i8 7 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 weigh- master and assistants in the discharge of their aforesaid duties shall be conclusive upon all parties in interest. 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. That the standard weights and measures furnished by the gov- Acts - *9. <* "63 ernment of the United States in accordance with the joint resolu- weights and tion of congress approved June fourteenth, eighteen hundred and thirty-six, and any additions thereto and renewals thereof cer- tified 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, county and city standards shall be tried, proved and sealed. The state food and drug commissioner shall be the state com- sec. 2 . . i . j ^1 . . . State commissioner missioner of weights and measures. The state commissioner of custody of standards- weights and measures shall take charge of the standards adopted Dl 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 direc- tion, 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 measur- ing 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 under the jurisdiction of the state board of charities and he shall report in writing his findings to the executive officer of the institution concerned. The state com- missioner 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 ta 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. county or city sealer ^ e board f county commissioners may in their discretion salary Duties appoint a county sealer of weights and measures who shall serve dur- ing 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 hundred (($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 county or city sealer shall have the power within his county or city to inspect, test, try and ascertain if they are correct, all weights, scales, beams, measures of every kind, instruments or mechanical devices for measurement and the tools, appliances or accessories , connectd with any or all such instruments or measurements used or employed within the county or city by any proprietor, agent, lessee or employe in determining the size, quantity, extent or measurement of quantities, things, produce, articles for distribu- tion 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 Indiana 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 county or city sealer shall keep a complete record of the work done by him and shall make an annual report to his board of county 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- f^ns eligible as tion of county or city sealers, who at the time of the passage of ^Jj{ s ~" power of re ~ 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 ability 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 mailing 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 n6 Laws Concerning Weights and Measures county in which such county or city sealer of weights and meas- ures 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 authori- ties, as provided in this act. tearing scales- Whenever the sealer of a city or county or the state sealer or Marking measures his deputies tests and compares scales, weights or measures and finds that they correspond with the standards in his possession he shall seal and mark such scales, weights or measures by stamp- ing 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 meas- ures, are hereby made special policemen and are authorized and empowered to arrest without formal warrant for any violation of the statutes in relation to scales, weights and measures, and to seize 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 ofB- Any person who shall molest, hinder or obstruct in any way the cer-penaity commissioner of weights 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 juris- diction 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 person who by himself or by his servant or as the servant false measures-Pen- or a g en t 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 meas- uring 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 measure 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 imprison- ment 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 imprison- ment 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 meas- ures, 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, 1912. The avoirdupois weight of beef or pork in each barrel shall be two iat. hundred pounds; and of flour in each barrel, one hundred and I908 ; Y? 1 - 3 - s ch - I33 , r 1 , (loo 5, 1897, igoj) ninety-six pounds; of sorghum molasses, eleven pounds to the sec. 10520 gallon; of hay or straw, two thousand pounds shall be given and iSSE*" 1 weights taken for a ton. A bushel of the respective articles hereinafter mentioned shall mean the amount of weight, avoirdupois, in this section specified as follows : * Sec. 10 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 48 Weight of bushel 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 corn 56 Corn in the ear, seventy pounds, un- til the first of December next after it is grown and after that date 68 Whoever, when buying or selling by weight, buys or sells any of ^ I0 ^* P7) the foregoing articles or commodities enumerated in section one ofvioi*tian of act; 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. n8 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^il 8 5) -^ t* 16 different kinds of grain, seeds and articles specified in this standann>uaheitobe act shall hereafter be given and taken at the several weights affixed to each as a standard bushel, and as such shall be considered a legal tender to fulfill any contract made for the delivery of either of the kinds of grain, seeds or articles specified in this act. sec ios23 P7) That it shall be unlawful for any person, commission merchant, ured heat> h w meas " miller, dealer, grain inspector, corporation, company, firm or asso- ciation, 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 pur- pose 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. Marnier & measuring ^ t sna ^ be unlawful to use anything other than a straight stick with the edges square for leveling the wheat in said half-bushel measure, for the purpose of testing the weight, grade, milling or market value of wheat: Provided, that the provisions of this 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. v!oiation s oi act, pen- Any P erson violating the provisions of this act shall be guilty a "y of a misdemeanor, and upon conviction, shall be fined in any sum not more than one hundred dollars nor less than ten dollars, to which can be added imprisonment in the county jail for a period not exceeding six months, in the discretion of the judge or jury trying the same. i<>5 u f i Ann ' Stat ' Whoever knowingly sells, or directs or permits any person in sec 2 an y sa lt> beef, pork, flour, tobacco, or hay, in barrels or short-weight pack-packages, as full barrels or packages, when such barrels or packages do not contain the weight which, by law, they are required to con- tain, shall, on conviction, be fined not less than ten dollars, nor more than one hundred dollars. Indiana Whoever alters or erases any brand or mark of any inspector |^ r 2 - 633 erm r appointed by proper authority, placed on any barrel of salt, flour, mak e s r beef, pork, or hogshead of tobacco, or other article authorized by law to be inspected and branded, shall, on conviction, be fined not less than five dollars, nor more than one hundred dollars. The common council of every city shall have power to enact ordi- Bums- Ann. stat. nances for the following purposes; aTp! 5 ^ f I9o8)l vo1 ' Twenty-second: To regulate the selling, weighing and meas- <*w> tiring of hay, wood, coal, coke and all other articles sold by weight Genera? powers of or measure ; to require dealers to keep honest weights and meas- ures and to provide for inspection of such weights and measures. 1 Whoever knowingly constructs, or uses or furnishes to gas con- se C c tS 6*T 5> p ' " 6 sumers to be used, any false meter provided for measuring and registering the quantity of gas consumed by any person under a Gasmcters 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 B urns >( Tnn. stat shall provide suitable and accurate scales of standard manufacture Si y e P- of If >s- P- w for weighing of coal which may be procured from such mines ; such operator of mine to operator shall be required to keep United States standard weights pn 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 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 made during such time shall be rectified. When differences shall CB 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 orscates hts 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. Billefeld, 20 App. i, 49 N. E., Rep. 1090). I2O Laws Concerning Weights and Measures Stat " Whenever the mining of coal is paid for by weight, the miners employed in mining the same shall have the right of selecting and keeping in the weigh office, or at the place of weighing the coal, a check-weighman, who shall be vested with the same rights as described in section nine [sec. 7437] of this act, said check weigh- man to be paid by said miners. inspector O f * * * It shall be the duty of the inspector of mines, in addi- 11111168 tion 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 Treasury 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 * * * . sJppo S f i 9 t s ni li. 9^" Any willful neglect, refusal or failure to do the things required vSec 7456 5) * k e done by any section, clause or provision of this act, on the Wiiifai 5 neglect, faii-p ar t of the person or persons herein required to do them, or any 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 penalties ac ^ s hall be deemed a misdemeanor punishable by a fine not exceeding five hundred 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 unit 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 hundred and forty such acres being contained in a square mile. The chain for measur- ing land shall be twenty-two yards long, and be divided into one hundred 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 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, 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 Code, 1897, P- 1057 Sec. 3009 Standards Sec. 3010 Length and surface Sec. 3011 Land measures Sec. son Weight Sec. 3013 Capacity Inch oi cream Barrel Hogshead Sec. 3014 Substances not 122 Laws Concerning Weights and Measures derived and ascertained, shall be the standard half bushel, fur- nished this state by the United States, and the peck, half-peck, quarter-peck, quart, and pint measures, for measuring commodi- ties not liquids, shall be derived from the half bushel by successively dividing that measure by two. contract's, construe- All contracts hereafter made within this state for work to be * ton 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 8 ^ !^^"^ A bushel of the respective articles hereafter mentioned, will i 47 ; supp. of 1907 to mean the amount of weight in this section specified: 1 Code, p. 725 Bushel by weight Pounds Apples 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 4 Clover seed 60 Coke 38 Corn in the cob 70 Corn 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 corn 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 corn in the ear 70 Pop corn shelled 56 Potatoes 60 Quinces 48 Radish seed 50 Rape 50 Raspberries 32 Red top 14 Rutabagas. 50 Rye 56 Salt 80 Sand 130 Shelled corn 56 Sorghum saccharatum seed 50 Spelt 35 Stone coal 80 Strawberries 32 Sweet corn 50 Sweet potatoes 46 Timothy seed 45 Tomatoes 50 Turnips 55 Walnuts 50 Wheat 60 Hen eggs per dozen . . \ perchof mason work The perch of mason work or stone consists of twenty-five feet or stone Sec. 301 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 measurement. A superintendent of weights and measures for the state, who shall possess sufficient learning and mechanical skill to perform 1 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 keep 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 stand- ards 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 council 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 meas- ures 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. lxpenses All expenses directly 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. Deuwq? to successor, ^ n case ^ tne death of any sealer of weights and measures, his penalty 'representatives shall deliver 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. us c ing 2 faise weights ^ an ^ P erson 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 defrauded, 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. sec. 3027 All persons keeping public scales, before entering upon their Weighmasters Ol j , .-. 1111 i < public scales duties as weighmasters, shall be sworn, before some person having Public scale authority to administer oaths, to keep their scales correctly bal- anced, 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 e o'r 3 re 8 ct weights, Weighmasters are required to make true weights and keep a cor- standard jor testing 'rect register of all weighing done by them, giving the amount of each weight, date thereof, and the name of the person or persons Iowa j 2 - 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 public 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 f*^ 8 ** provisions of the two preceding sections, shall be guilty of a mis- demeanor 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 Sec. 3 o3o t r . . . < 1 I J , Inspector of shingles necessary, shall appoint one inspector of lumber and shingles, who and 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 O e atii 3 , &nd his office, he shall take an oath or affirmation that he will faith- fully and impartially perform the duties required of him by law, and each inspector shall give bond, with sureties to be approved by the county 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 injury 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- f>uties?counterfeiting 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 punished accordingly. A shingle shall be sixteen inches in length, four inches wide, |f 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 compensation of su- The salary of the superintendent of weights and measures shall perintendent k e fifty dollars per annum, compensation Each sealer of weights and measures shall receive the following of sealer f CCS '. 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 for 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- ^ \ . , i i r -L it- j spector of lumber i. For inspecting and measuring lumber, for each thousand feet, board measure, fifteen cents. 2. For inspecting shingles, for each thousand, fifteen cents. faise 504 reignts and If an y person, with intent to defraud, use a false balance, measures weight or measure in the weighing or measuring of anything whatever that is purchased, sold, bartered, shipped, or delivered for sale or barter, or that is pledged or given in payment, he shall be fined not exceeding five hundred nor less than fifty dollars, or be imprisoned in the county jail not more than six months, or both. feline 5 The magistrate granting a warrant of arrest under the pre- ceding 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 treasury. code, 1897, p. 1964 If any person falsely alter any stamp, brand or mark on any cask, package, box or bale containing merchandise or produce, Penalty for altering ', ,. ~ j j r it- 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 county jail not exceeding one year. sec. 5047 If any person counterfeit any mark, stamp or brand of another, Penalty for counter- i r 1 i i_i i-x teiting mark of another or falsely mark any cask, package, box or bale as to quality or quantity, with intent to defraud, he shall be fined not exceeding two hundred dollars, or be imprisoned in the county jail not more than six months, or both. sec. 5048 if any person, with intent to defraud, use any cask, package, Fraudulently using / T 111 j j J ^ I-L. r stamped cask, etc. box or bale, marked, branded or stamped by another, for the sale Iowa 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 pound or more, offered or exposed for sale in the state of Iowa, for use within this state, shall have affixed 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 pro- vision 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 his assistants *g^ w* are each hereby empowered and it is hereby made their duty, to state Food and pauy '..-* . * f 1 Commissioner and as- make an inspection of scales, weights and measures whereeversistantstomspectscaies, the same are kept for use in connection with the sale of merchan- we g disc 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 Meas- ures 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 |^ laints of f alse 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 pro- ducing 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 f^jy other commodities by weight or measurement or in the employ- ment 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 com- modity, 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 exceed- ing five hundred dollars, or imprisonment in the county jail not exceeding ninety days. how paid The state food and dairy commissioner shall pay from the ap- propriations for his office, any and all expense incurred in procur- ing the necessary standards from the state superintendent of weights and measures. 'il'S? to Code ' Hvery lot in bulk, barrel, bag, pail, parcel or package of con- (1907) centrated commercial feeding stuffs as defined in section three (3) statement a of weight [Sec. 5O77-a8] of this act; and every parcel, package or lot of to be affixed to concen- . , ' , j jr- j * / \ re* T * trated commercial feed- agricultural seeds as denned in section nine (9) [Sec. 5077^14] of ing stuffs ^is act, and containing one pound 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, dis- tinctly 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- O Off* *T" *i* cjonc s ent 7 rattd com- The term concentrated commercial feeding stuffs, as used in defined 1 feeding stuffs this act, shall include alfalfa meals and feeds; dried beet refuse; ground 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 meals of all kinds; oat feeds; oat bran; oat flour; oat middlings; oat shorts; pea meals; poultry foods; rice bran; rice meal; rice polish; rye bran; rye middlings; rye shorts; starch feeds and starch factory by-products; tankage and packing house by- products; 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 pro- prietary 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 Iowa I2g 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 ^c s7?-ai4 seeds of the red clover, white clover, alsike clover, alfalfa, Ken- feed"" 1 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 l8 Supp - 8 I ^ >7> to Code ' any railroad within the state of Iowa shall equip the line of its track ' \ P w>M and thereafter maintain thereon in good order, track scales of TrackJcaies-where sufficient capacity to weigh all carloads of coal that may be trans- tmcates~ weight 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 weish&iTot coai at railroad within the state of Iowa, over which coal, in carload lots P 16 Bhi P ment 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 load- ing station, provided track scales are maintained at such point. Such coal shall be weighed at destination upon request of con- signee when there are track scales at such point. If not equipped tion upon 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 fur- nished 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 unhampered at both ends, carefully weighed by competent weigh- men and certificates issued upon request of consignees, showing gross, tare and net weights. 8578 12 9 130 Laws Concerning Weights and Measures Priinaiacfe evidence Certificates mentioned in this act shall be prima facie evidence of the facts therein recited in any action arising between con- signors 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. supp. 1907 to code, T he owner or operator shall, if the miners are paid by weight, ^'(?m*Q6; 1900) provide the mine with suitable scales of standard make, and scdoj 'and 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 herein- after 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, unless otherwise agreed upon in writ- ing, weigh the coal before screening, and the miner shall be cred- ited at the rate of eighty pounds to the bushel and two thousand pounds 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. * * * Code ' (rf^j*' *** Any person or corporation, or the employee of such person or iabcocic test; stand- corporation, who operates a creamery or cheese or condensed ard tube for milk factory, and uses a chemical milk test to determine the quan- Iowa 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 aris- ing between any such operator and patron, the burden of estab- lishing the use of reliable tests and the results therefrom, equiva- lent to the standard herein provided, shall be upon the operator. It shall be unlawful for the owner, manager, agent or employe of a cheese factory, creamery or condensed milk factory to falsely . manipulate or under-read or over-read the Babcock test or any Mteewfing or ma- other contrivance used for determining the quantity of milk or of " nk or 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, upon conviction thereof, be fined not less than twenty-five dollars nor more than one hundred dollars. KANSAS Such standard weights and measures as have been furnished to . ( i??) Oen. Stat., 1909 this state by the government of the United States, in accordance |ec 9738 . . J , . f f~\ State standards with a joint resolution of Congress, approved June 14, 1836, and such weights, measures, balances and measuring devices as may be received from the United States as standard weights, measures, balances and measuring devices, in addition thereto, or in renewal thereof, shall be the authorized standards of the state of Kansas. The units of standard measures of length and surface from which sec. 9739 all other measures of extension, whether lineal, superficial or solid, surface measure shall be derived and ascertained, are the standard of length desig- nated in this act. The yard is divided into three equal parts called Yard; foot; inches feet, and each foot into twelve equal parts called inches. For measures of cloth and other commodities commonly sold by the yard, the yard may be divided into halves, quarters, eighths, and sixteenths. The rod, pole or perch contains 5^2 yards; the mile, m * d; v 01 *' ***<* 1760 yards. The chain for measuring land is 22 yards long, and chain; link is divided into 100 equal parts called links. The acre for land Acre measure shall be measured horizontally and contain 10 square chains, equivalent in area to a rectangle 16 rods in length and 10 in breadth ; 640 acres being contained in a square mile. The units of standards of weight, from which all other weights un^oY weight shall be derived and ascertained, shall be the standard weights Hundredweight; ton designated in this act. The hundredweight consists of 100 avoir- dupois 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 ffnitfofdry measure not liquids, from which all other measures shall be derived and ascertained, shall be the standards for such commodities desig- nated in this act. The peck, half-peck, quarter-peck, quart, pint and half -pint measures for measuring commodities which are not liquids shall be derived from the half-bushel by successively dividing that measure by two. The units of standards of measure of capacity for liquids, from which all other measures shall be derived and ascertained, shall ure 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. 134 Laws Concerning Weights and Measures Sec. 9745 as amended by Laws, 1911, ch. 334, Electrical measure* The standards of electrical measures recognized by the National Bureau of Standards when procured by the state shall be the standard of electrical measures in the state of Kansas, and The weights and measures of the metric system shall be legal weights and measures in the state of Kansas. That the State Board of Health shall be charged with the duties c c ' xi. C 4.1 P. 59s of enforcing the provisions of this act. %ht c s m p n er of barr e i 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 ninety- six 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 andf one-half pounds gross; One-fourth sacks, eight and three-fourths pounds gross; And all feed made from cereals of any kind, whether pure, mixed, or adulterated, one hundred pounds per sack gross. And the following articles, per bushel: Pounds. 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 Pounds. Wheat 60 Rye 56 Indian corn, in the ear 70 Kaffir corn 56 Rice corn 56 Corn, 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 Turnips 55 Flaxseed 56 Onions 57 now con- All contracts, sales or purchases hereafter made for work to be done, or for anything to be sold or delivered or done, by weight or measure, within this state, shall be taken and construed in Kansas 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 repre- sentations 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 afore- said. All dry commodities not otherwise specified in this act shall be sold only by standard dry measure, standard weight, or numerical ^^ count, except where parties otherwise agree. Berries and small fruits whenever sold in boxes shall be sold in kf^^i^T ended boxes containing standard liquid quart or liquid pint, and if said Berr y boxes - ca P acit y boxes contain less than this amount, the information must be given to the purchaser by such package being labeled with a statement T t><* labeled, when of the net contents. All milk or cream that shall be sold in bottles shall be sold only Muk 9 and other liquid in bottles containing half -pints, pints, quarts, half-gallons, O r commodl;ie8 ' how old gallons. All other liquid commodities shall be sold only by stand- ard liquid measure or standard weight, except where parties otherwise agree. Sec A loaf of bread for sale shall be two pounds in weight. Bread, Bread?weightof;how unless composed in chief part of rye or maize, shall be sold only in oi whole, half and quarter loaves, and not otherwise. 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 up the legal weight, except that this section shall not apply to rolls or to fancy bread weighing less than one- To be i abe i ed , whea quarter of a pound. Every loaf, half-loaf or quarter-loaf of bread which does not weigh the full weight required by this section shall be plainly labeled with the exact weight. A print or package of butter shall contain sixteen ounces avoir- f^/weight O f dupois, and when a print or package of butter containing less than TO be labeled, when sixteen ounces avoirdupois shall be sold its net weight shall be dis- closed 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 servant or agent, or as the use of teise weight or servant or the agent of another, uses a weight, measure, balance measure or measuring device that is false and does not conform to the authorized standard for determining the quantity of any com- modity or article of merchandise, or sells or exposes for sale less than the quantity which he represents, or sells or offers for sale commodities in a manner contrary to law, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined in a sum of not less than five dollars nor more than one hundred dollars, or by imprisonment in the county jail for not more than 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 addi- tion thereto, to be recovered in any court of competent jurisdic- tion. The selling and delivery 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 delivered was the quantity bought by the vendee. There shall be taken into consideration the usual and ordinary leakage, evaporation or waste that there may be from the time the package is filled by Tolerance the ven d or until the selling of the same; a slight variation from the stated weight, measure or quantity for individual packages is permissible, provided this variation is as often above as below the weight, measure or quantity stated. ftate'seajer, who is The chancellor of the University of Kansas, at Lawrence, shall be ex officio state sealer of weights and measures (hereafter referred to in this act as the state sealer), and shall have the care and custody of the authorized public standards of weights and measures and of balances and other apparatus of all kinds owned by Dunes oi the s t a te 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 Bureau of Standards for verifica- tion. 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. itet'e^leaiei ma try ^ e state sealer may try and prove weights, measures, balances ana approve apparatus and other measuring devices on request for any person, corpora- on request . . . . , t A A tion 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. The state sealer shall keep a record of all of the weights, meas- ures, 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 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 afore- said officers in the discharge of their duties. The state sealer may appoint a deputy state sealer, who shall lf c - 9 6 f ijj_- i -1 i 1 ,, 1 JJeputy, appointment perform such duties as may be prescribed by the state sealer, and of 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 ec - 9757 J 4-1, J i_ 11 1_ j County clerk is county and measures for the county, and shall have the care and custody sealer 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 lf,darlsfor county include the following weights, measures, and balances, and they and local sealers 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 denomi- nation: 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 y 5 andiocai seal- weights, measures, balances and measuring devices when requested ers> dt 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 measuring devices with a seal to be kept by them for that purpose. When any weight, measure, balance or measuring device is found by any authorized inspector or sealer to be false or untrue or not of an approved type, or which does not 138 Laws Concerning Weights and Measures cunty 6 derk neglect- ing standards penalty ior 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. Any county clerk who neglects to keep the standards under his charge in good order or repair, or who suffers any of them through his neglect to be lost, damaged or destroyed, or who fails to perform any of the duties imposed upon him by this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof in a court of competent jurisdiction shall be subject to a fine of not less than ten dollars nor more than two hundred dollars. Each sealer of weights and measures, including the county clerks, shall receive fees as follows: One dollar for inspecting or sealing each platform scale, if weighing five thousand pounds or more, and fifty cents if weighing less than that amount, 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 mark- ing liquid or dry measures, ten cents for each measure. He shall have a reasonable compensation for making weights and measures 0011 ^ 01 ^ 111 * * ne standards in his possession. The state sealer shall not require any fee from any county or city, and all fees collected by the state, county or city sealer shall be paid into the state, county or city treasury, as the case may be. All state, county and local sealers, or their deputies and other ,..,. . ., , 1111 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 pur- poses of trade, for the purpose of inspecting, adjusting and sealing demeanor 118 ' etc<> mis " 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, and upon conviction thereof shall be subject to a fine of not less than five dollars nor more than one hundred dollars. fee. 9762 Sealers, powers ol Penalty lor Kansas Any state or local sealer or deputy who shall seal any weight Sec - 9763 11 1 i r r- . & ' Sealing and con- measure, balance of measuring device before first testing and demnin 8. when misde. making the same conform to the authorized standard, or who shall condemn any weight, measure, balance or measuring device with- out 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 s ec . 97 6 4 authorized to inspect weights and measures shall keep records of all weights and measures, balances and measuring devices inspected, sealed or condemned by them, giving the name of the owner or agent, the place of business, the date of inspection, and kind of apparatus so inspected, sealed or condemned, and shall make an annual report of the same to the state sealer on or before the first Report 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- cftielandmunicipaii- ment of public inspection of weights and measures, and shall have tle ^ may appoint sealer . . j j t r- .-i , 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 suit- able 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 trie ^ ty standard s 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 ^^ ta may try any weight, measure, balance or measuring device used in trade weights, etc., when is inaccurate, or not according to the standard, shall have author- ity 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 fat' e 9 B 6 oard of Health several food and drug inspectors, to cooperate with the state and toco P eratewithsealers 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 inspec- tors 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- "" 8 sets f ard apothecaries' weights and measures, and cause the same to be proved and sealed by the state standards under the direction of the 140 Evidence in court Sec. 9768 Acts repealed Gen. Stat., 1909, cli. 125, p. 2109 Sec. 9' various oils Laws Concerning Weights and Measures state sealer, together with the necessary working sets of weights, measures, balances and measuring devices for the use of the said inspectors, which must be officially sealed, and such weights and measures, balances and measuring devices provided for such inspec- tors shall be competent evidence in all courts in this state in crimi- nal 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 chap- ter 1 1 6 of the General Statutes of Kansas of 1901, 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. Whenever any of the following named articles shall be con- ) tracted for or sold or delivered by wholesale or in the original pack- gaiion of age within the state of Kansas, and no special contract or agree- ment shall be made to the contrary, such sale and all such compu- tations for payment and settlement therefor shall be by weight. The weight per gallon shall be as follows : x Pounds. Naphtha sK Kerosene oil 6^-2 Paraffine oil 7% Castor oil 8 Olive oil 7^ Linseed oil, raw 7^2 Linseed oil, boiled 1% Menhaden oil 1% Pounds. Cod liver oil 7>< Whale oil ^% Lard oil 7K Neat's foot oil 7.K Sperm oil 7/i Turpentine 7 Miners' oil ^A Gasoline l l /\ Sec. 9770 Penalty Whoever in buying any of the articles mentioned in the pre- ceding 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. Every sale of grain, seed, hay or coal shall be deemed to be NO ' deduction from made on the basis of the actual weight thereof, unless a different we pen t a 8rain ' etl basis is established by the express agreement of the parties to the transaction. Any purchaser of grain, seed, hay or coal who, with- 1 For convenience in printing a slight change has been made in arrangement of these articles. Kansas 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 under claim of right so to do by reason of any custom, rule of a board of trade or any other pretense whatsoever, shall be deemed guilty of a. misdemeanor, and subject to a fine of not less than twenty- five dollars nor more than one hundred dollars for each and every offense. No agent or broker selling grain, seed, hay or coal for the owner thereof shall be presumed to have authority to sell any grain, seed, hay or coal on a basis other than that of the actual weight or quantity thereof, but express authority to allow any deduction must be proved. In case any purchaser of grain, seed, hay or coal shall deduct penalty* 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 amount 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. 1 ' 2 The mayor and council shall have the care, management and Q *XW* 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. a ' 2 To prescribe rules for weighing and measuring every kind of sec. 9 i? commodity sold in the city, in all cases not otherwise provided for by law, and may provide for the inspection of grain and weighing of hay, grain, coal, and measuring of wood and other fuel, and determine the place or places of weighing or measuring 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 author- ized to perform the duties named in this section; and to provide for the inspection and condemnation of coal-oils, gasoline, naph- tha, 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 appointmen 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; * * *. eraof citycounci Weights and meas- ures Gen. Stat., 1909, p. 220 (1903, 1909) Sec. 952 Weighmaster, 1 Applicable to cities of the first class. 5 Similar powers are vested in the board of commissioners of cities governed by the commission form of government. 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. 1 Gen ' St (rf7/) 9 9>P ' 335 The council may prescribe rules for the weighing and measuring gee. 1402 of every commodity sold in the city in all cases not otherwise Powers of council; . J J .. J . . enforce weighing of aii provided for by law, and may provide for the inspection and commodities sold j-i j ixi r j iri 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 per- form the duties named in this section. 2 sec. 158^ I n addition to the other powers provided by law, the mayor Additional powers, an( j CO uncil of cities of the third class may provide by ordinance cities of third class . . i- 1 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. Gen. stat., 1909. P. fhere shall always be kept at a public mill by the owner and sec. 4956* <5j) occupier thereof a half -bushel and peck measure, tried and sealed Measures at muis kv the proper authorities, and also proper toll dishes for the same; * * 909 (rfw) . - . IrauiTL weight of shall make any agreement, expressed or implied, or by any under- lipment standing or combination with any person, company or corpora- tion 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 and not exceeding one thousand dollars for each offense. :22 Cn ' It shall be unlawful for any mine owner, lessee or operator of sec. S o22 5ft?) coal mines in this state, employing miners at bushel or ton rates ^weighing of coal at Qr Q^er quantity, to pass the output of coal mined by said miners 1105 ien ' S1909 If any person, company or corporation doing business in Kansas ma 1 Applicable to cities of the first class. * Applicable to cities of the second class. Sec. 5023 Weighman, oath Penalty for violation Sec. 5024 Check -weighman H3 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 author- ized 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 county 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 mine- owner, operator or lessee in this state shall have the privilege, if they so desire, of employing at their own expense a check weighman, who shall have like rights and privileges in the weigh- ing 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 use l scal s 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 II ^ en - Stat - I9 9 ' p - be ex officio inspector of weights, measures and scales used at coal Sec (wd mines, and he or his deputies are hereby empowered, and it shall be m ^|pectionof 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 144 Laws Concerning Weights and Measures 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 in- spector or his deputy so to do, such owner, agent or operator shall Penalty foe 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 corpora- tion violating the provisions of this section, the same as in other misdemeanor cases. Gen. stat.. 1909. p. It shall be unlawful for any individual, firm or corporation to (7907) sell, offer for sale or deliver for use at any coal mine or mines in the weightof packages of state of Kansas, black powder in any manner except in original packages containing twelve and one-half pounds of powder, said package to be securely sealed; * * * Provided, however, this act shall not be construed as in any manner conflicting with any existing contract of sale of black powder. Gen.stat.^909.p.6 9 o * * * That any person who shall sell, keep for sale or offer for sec. 3076 sale, * * * any article of food * * * which is adulter- Penalty for offering for ' ,/.,., . . sale misbranded food ated or misbranded, 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 im- prisoned, in the discretion of the court. sec (7 o82 f /w) * * * That for the purpose of this act an article shall also be MIS brand ing of deemed to be misbranded * * * in the case of foods: third, weight on packages of . food if m package form, and the contents are stated in terms of weight, measure or quantity, the net weight, measure or quantity is not plainly and correctly stated on the outside of the package. * * * Gen.stat.^igog^p 697 For the purposes of this act concentrated feeding-stuffs are de- sec. 3*06, askmended clared to be all materials sold, offered for sale or held for sale within p V 37 WS> I9 "' l81 ' the state of Kansas and designated for the nutrition of animals of Concentrated feed- < _ -it. i_ i_ Jx ing-stuffs denned any species, if such materials have been subjected to any mixing 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 pow- ders, condition powders, conditioners, animal regulators, proprie- tary feeds, proprietary medicines, or any preparations of like nature, are hereby expressly designated as coming under the pro- visions of this act, and all forms of animal life except man are in- cluded 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 Every sack, box, carton or other package of concentrated feed- Sec ^f 7 - /0 "> ing-stuff offered or held for sale or sold within the state of Kansas h y iw^^?SJ shall bear a distinctly printed and conspicuous label in the English P 'Ne 8 t weight to be language, which shall state the * * * net weight of the pack- n o pro !* *P *l* That a department of record for the inspection and weighing of Gen - St ( at..i909,P.764 grain is hereby eatablished, to be called "the state grain inspec- o^ain 3 ins tion department." Said department shall have full charge of inspection and weighing of grain at all railroad terminals, public 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 wherever, upon request by parties interested, to the chief inspector, he may establish inspec- tion and arrange that the officer in charge accept as full com- pensation for his services an amount equal to the whole revenue obtained at such a place. It shall be the duty of the governor to appoint a suitable person, to be confirmed by the senate, who shall be known as the chief inspector 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 selling grain, either on his own account or for others, nor shall he be directly or indirectly inter- ested 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 of inspector supervision of the inspection and 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 com- plaints 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.,igo9,p.764 governor a suitable person as supervising inspector in each city, sec. 3 33i . .. r , , . _ Duties of supervising town or place in the state where one or more public warehouses and asst. 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 view to securing uniform inspection of grain. The chief inspector shall be authorized to recommend to the governor a suitable person as supervising weighrnaster in each city, town or place in the state where one or more public ware- houses may be doing business under the law, whose duty it shall be to visit daily the elevators and tracks, supervising all weigh- masters, inspecting scales, and the loading and unloading of grain, with a view to securing correct weights on all 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.77o * * * and all scales used for weighing of property in public sec. 3357 W warehouses shall be subject to the examination and test by any ho^Tscaies ' '" duly authorized inspector, weighrnaster 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 Fees such scales, and the fee for said test shall be paid by the parties making such demand if the scales are found correct, and by the Penalty for use of in- warehouse proprietor if found incorrect. Any warehouseman correct scales 1 * *.,, f , . i j- j who may be guilty of continuing to use scales found in an imper- fect 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. (7905) That any shipper of grain, which grain has been weighed by the weight 5 to be fur- grain inspection department of this state, may, on request in nished shipper writing to the chief inspector and enclosing a stamp for reply, receive, and it shall be the duty of the chief inspector to furnish such shipper, free of charge, the weight of any such grain, by for- warding to him promptly a statement showing such weights : Pro- vided, 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 each and every railway company operating a railway wholly 515 (1893) or partly within this state shall, on or before the first day of July sec. 7098 A. D. 1 893, construct and provide, and thereafter keep and maintain in good order, a track or car scale of sufficient capacity and suitable Track scales or we ighi n g g ra in in carload lots and in the car, at each and every town or station upon its line of railway or the line of railway operated by it, from which the aggregate of grain shipments on all railways shall be one hundred cars or more of grain and seeds during the year 1892. en ooieV Sations Kansas Any town or station not now entitled to track scales under this act, but from which there shall hereafter be shipped in any calendar ^s 1 year one hundred cars or more of grain, seeds or hay, shall be entitled to the benefits of this act; and any railway company operating a railway upon which such town or station is located shall construct, provide, keep and maintain a track or car scale at such town or station, as provided by section one, within six months after the expiration of such calendar year: Provided, however, That any Proviso; railway may railway company may elect to accept the weights of any public' weigher, or the weights of the shipper, and shall have the right to demand that the weights of such shipper shall be verified by 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 railway company to weigh at one of the stations nearest to such station having no such scales, and such cars before and after loading, and to give to such shipper a like 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 ship- ment, 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 by 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 company neglecting for six months after the taking effect of this act to put in the car scales heretofore provided for shall be liable to a penalty of one hundred dollars ($100) per day for each station at which such neglect occurs, until the same is put in as herein provided. That each and every railway company operating a railway pis22 wholly or partly within this state shall weigh each and every car gec 7I ^ 9 9) of coal intended for shipment over their line before and after being Railway to weigh cars of coal loaded. The empty car or cars to be loaded shall be detached from the Sec _ 7I3 ( | 9 5) engine and other cars and weighed within twenty-four hours before i,J ime Umit for weigll ~ loading, and after the said car is loaded it shall be detached from Maimerot weighing Sec. 7103 Fees Sec. 7106 Penalty n Stat - I909 - ch " 148 Laws Concerning Weights and Measures 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 ship- ment. At the destination this certificate shall be attached to the freight expense bill and shall become a part of the same, and shall be delivered to the consignee on the payment of all the freight charges. oath, A competent weighmaster shall be employed by said railway companies, and said w r eighmaster 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 par- ticular; and any weighmaster or person so employed under this act who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall penalty lor violation ^ e punished bv a fine of not less than one hundred nor more than of act, by weighmaster. r < % r i_rc 1. j. ^tt. five hundred dollars for each offense, or by imprisonment in the county jail not exceeding six months, or by both said fine and imprisonment. penaYry-'for violation An Y railway company neglecting to weigh coal as provided by by railway company this ac t shall be liable 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- cam>ii's stats., 1909, ment of the United States, now in the custody of the secretary of gj^fjta I944 state, shall continue in the custody of that officer, and shall be the stan da r a standard of weights and measures in this State. The Governor shall cause duplicates of those weights, measures, implicates jumped and balances to be made for such counties as may not have the coun es same; and, upon his written certificate of the cost, the Auditor shall give a warrant on the Treasury therefor. It shall be unlawful for any person, commission merchant, miller, Sec 48 ( I ^ <5) dealer, grain inspector, corporation, company, firm or association, Mining-standard .... ' & t . A ., ' ., J \ 'measure required- Cither by himself, itself, dfficer, agent, or employe, when purchas- Penalty for failure ing wheat or receiving it in barter or exchange for flour or other- wise, from the owner, his agent or employe, to use for the purpose of testing or determining the weight, grade, milling or market value of wheat, any measure other than the standard half -bushel measure furnished this State by the United States; and the use of any fractional part of said standard half-bushel measure for such purpose will be a violation of this section. It shall likewise be unlawful to use anything other than a straight stick with the edges square for leveling the wheat in said half-bushel measure for the purpose of testing the weight, grade, milling or market value of wheat: Provided, That the provisions of this section shall not apply to wheat or grain that is inspected or graded by the carload under the regulations of any board of trade. Any person violating any of the provisions of this section shall, on conviction, be fined not less than ten dollars nor more than one hundred dollars, 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 n re d ;, eight dupois, and two thousand such pounds shall constitute a ton; and Ton all contracts hereafter made shall be construed accordingly, unless the contrary be stipulated. The following weights shall constitute a bushel of each article ed ^ c ar 48 I 2 5 I ; l8 a 9 samend - named respectively : > ' W 1 For convenience in printing a slight change has been made in arrangement of these articles. 149 150 Laws Concerning Weights and Measures Legal weights per Pounds, bushel ol certain pro- wheat 6o Shelled corn 56 Corn 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 Flax seed 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 1 76 Bran 20 Plastering hair 8 Turnips 60 Unslaked lime 35 Corn meal 50 Fine salt 55 Hungarian grass seed 50 Ground peas 24 Orchard grass seed 14 English blue grass seed 14 Hemp seed 44 Sec ( 8ff^ 7o) O ne hundred and sixty pounds net of Irish potatoes shall consti- ounds tute a merchantable barrel. Any person selling unscreened coal for screened coal shall be ing O ukrc n r a e^n e r d e for subject to a fine of not less than five nor more than twenty dollars, screened Sec. Hemp (1898) 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 hundred dollars nor more than five hundred dollars for each offense. Carroll's stat.,ch. ss, Every owner or occupier of a mill, grinding meal, flour, bread (1906) stuff, feed or otherwise, shall keep therein and use sealed measures seaieT'measures in 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 and benefit of the common school fund in the district where the mill is located. * * * Acts. 1910. ch. 90. P. The Fiscal Court of every county in the State, within ninety 26 lec. i days after this act takes effect, shall provide duplicates of the sta^da a rd CO weighFs roV and standard weights, measures and balances approved by the Gov- measures ernment of the United States ; said duplicates shall be kept in the custody of the Clerk of the county court for each county and in the office of said clerk. sec. 2 The Fiscal Court of each county may in its discretion appoint an Inspector to be ap- . .. . J J . ., . , . , pointed 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 1 The term coal includes anthracite, cannel, bituminous and other mined coal. Kentucky ! e x - Fiscal court to provide Wei8hts> bond for the faithful performance of his duties, said bond to be approved by the judge of the county court and the penal sum to be fixed by said judge of the county court. The duties of inspector shall not be incompatible with those of any other county office 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 year, all weights, measures, balances, scales, steel yards or beams in the county owned or used by any person, firm or corporation engaged in buying or selling merchandise, groceries, produce, poul- try, grain, provender, meats, coal, ice, feed stuffs, iron, rags, metal, junk, wares, wool, hides, leather or other articles of trade or com- merce, 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 provide the inspector with weights, measures and balances and 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 weights, measures and balances as often and of like character in this act, the inspector herein provided shall not make any inspec- tions in said city. The inspector shall receive as compensation the following fees : r 1_ i j.r 1 j- -i j 1 for testing each platform scales ordinarily used in weighing 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 pro- inspector to furnish . 1 1 <> i 1 it i i* ,, * f , owner with certificate vided 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 T fi 'e statement of , . . ... J tests made court a statement over his signature showing the tests, if any, made by him during the previous month. Upon complaint of any person made by affidavit before the judge Ifey inspector of the county court, stating that he has been cheated or defrauded whencomplaln ' lsinade by the use of any scales, balances, or measures, within thirty days previous to said complaint, the county judge shall order the inspec- tor to immediately make a test of the scales, weights or measures complained of. If same are inaccurate in any respect, the owner, S 60 - 4 Compensation of in- To keep record 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 accu- rate, the complainant shall pay the fees for testing. The inspec- tor 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 pro- vided. It shall be the duty of the inspector of weights and meas- ures 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 county 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 offend- ers under 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 weights or measures, or shall keep any false weights, measures, scales or balances on hand for the purposes of buy- ing or selling therewith shall be fined in any sum not less than four dollars nor more than one hundred 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. in "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. Sections 4817, 4818 and 4819 of the Kentucky Statutes and all other laws in conflict with this act are hereby repealed. Stats " ch ' An inspection warehouse outside of a city may be established e- by t ne coun ty court of the county wherein it is located, upon the houses; county court application of any person entitled as owner or lessee, but the same ideation ' lp shall not be established unless the warehouse be built of such ma- terial and in such manner as to prevent injury to articles stored therein. Sec. 2187 Scales, steel yards, or patent balance, with suitable weights suf- Scalea and balances- . . J ' , ,, ' ., , to be provided ficient to weight at least one ton, shall be provided as appurtenant to the warehouse. Ieiiing 9 articies under Whoever shall sell or offer to sell any barrel or other package of weight such article [of which he is appointed inspector], knowing the arti- Kentucky cle not to be of the weight or quantity, after allowing for ordinary weight or loss of weight, that is required by law, or that is marked or branded thereon, shall be fined ten dollars for every barrel or package so sold or offered for sale. Whoever shall knowingly sell, or attempt to sell, any hogshead, Hijacked hogs- barrel or other package of tobacco, liquor, salt, beef, pork or lard, heads ' casksor barrels which is falsely packed or filled, or the staves or heading of which are falsely made, with a view to cheat a purchaser as to weight or quantity, or shall so pack, fill or prepare a hogshead, barrel or other package, with such intent, shall be fined ten dollars for every such hogshead, barrel or other package. In all cities and counties where there are grain warehouses, car ro ii (> s* p stats ch and where there is no board of trade, it shall be the duty of the ^P- ^39 Fiscal Court of the county to appoint an inspector and weigher for inspector and weigher 1 1 r -ii i_ .ei 1 j-^i 111 at grain warehouses 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 Fees 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 or indirectly interested. Nor shall he be a purchaser at any sale made by the warehouse of any commodity inspected, weighed or registered by him. * * * Said inspector and weigher shall be Term appointed for the term of two years and until his successor is appointed and qualified. Any duly authorized inspector and weigher of grain, who shall f^uy tor neglect of be guilty of neglect of duty, or who shall knowingly or carelessly dut ? 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- pr ^erf y ei tafluence *- viction, shall be fined in a sum not less than one hundred dollars spector; penalty for nor more than one thousand dollars, in the discretion of the jury, or shall be imprisoned in the county jail not less than three nor more than twelve months, or both, in the discretion of the jury. All proprietors or managers of public grain warehouses shall Copy 4 o 7 f 9 this law to be keep posted up at all times in a conspicuous place in their business posted offices, and in each of their warehouses, a printed copy of this act. 154 Laws Concerning Weights and Measures ^ can-oil's stat.,ch. ss. j That w hen a majority of the miners engaged in digging or vSec 2 (I 1 5<5) mining coal at any coal mine in this state at which as many as 2 scales at twenty men are employed, request the owner or owners or operator or operators of any of said mines to allow the said miners to em- ploy, 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. (1906) The owner, agent or operator of every coal mine in this State pera " a * w ^ 1 ^ c ^ 1 the mmel "s 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 be- tween 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 Ig f ev - Laws - ' 2? to be procured, one complete set of copper weights, to correspond ec with weights of their like denomination used by the revenue standards axed, how officers of the United States, in their offices, together with scales b for said weights, and a stamp or a seal, with such device as the Governor may deem proper; as also one complete set of meas- ures, 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 meas- ures, 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 factors, how ap - with the advice and consent of the Senate, appoint for each ofp inted the four Districts of the city of New Orleans, a suitable person as the Sealer of Weights and Measures, and he shall appoint in like 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 Rev ^ } I904 parishes of this state, (except the parish of Orleans), be and the 18 ^ same is hereby abolished. offices abolished That the police jury of the several parishes throughout the Authority to estab- state, the parish of Orleans excepted, shall have power to provide Ush; fees for said inspection when they deem it necessary, and regulate the duties and fees for same. That the laws in conflict or contrary to the provisions of this Repeal act be and the same are hereby repealed. It shall be the duty of the persons thus appointed, to visit all Rev %) places of business, in their district or parish, for which they are ^ c appointed, once in each year, and at any other time when on com- Duties'ot 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 found to disagree with the standard of the State, the inspector shall forbid their further use until they shall have been 155 156 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 perform- ing the duties of their office. Negiict s of duty; pen- Jt sna ^ ^ e ^ e duty of each inspector to see that no other a y weights and measures but those established by law be made use of within the limits 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 hundred nor less than one hundred dollars. The Common Council of New Orleans are authorized to pass regulations or ordinances relative to the police of weights and measures, to insure within the city of New Orleans the execution of this law. parishet to have set, Each parish, as soon as practicable, shall be provided, at the etc - '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. New 3 oceans to pro- The inspectors f or the f our districts of the city of New Orleans cure set shall procure a set of weights and measures at the expense of the city. Fees^oVseaier 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 more; for sealing each weight and measure, five cents; for the examination of each platform scale, cotton and tobacco scale, and its apparatus, fifty cents; and for sealing the same fifty cents; the fees, in all cases, to be paid by the owners of the weights and meas- ures 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. fii c itag I9 vacancies in I n case f vacancy, by death or resignation, the Governor shall mce have power to appoint. wno 39 has power to The inspectors only shall have the power to stamp weights and stam p measures, and upon the stamp shall be the initials of the inspector's name. Iaies 921 etc to be ^ P erson shall buy or sell any commodity whatsoever, by made by standard weight or measure, which does not correspond 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 found to be false ; and Louisiana 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 weights 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 f^9 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, |eiiin 3 unstamped unless they have been tried and stamped by persons appointed for measures aad weights that purpose, under the penalties imposed by the second preceding section. The person appointed to inspect and seal weights and measures i e p yinting of inspec- may employ assistance when necessary, at their own expense, but tor shall not commit their functions to a substitute without being subject to dismissal from office by the Governor. Coal shall be sold by the barrel or bushel measure; grain shall loai measure; grain; be sold by the barrel, bushel or weight; the legal weight of a ^ e ^ d co ^ ( oats> bar ' 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-tw r o 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, the state treasurer of all moneys collected for fines, together with a written statement thereof. Inspection of flour and weights and measures for the town of Ig * ev ' Laws> I9 4> p Washington. See Section 1872. J sec.Jf*' Appointment of inspectors. See sec. 3924. e tc lnspection f fl ur> 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 of shall hold the office for the term of two 2 years. sealer That the Governor nominate and by and with the advice and l8 ^Iec. L i?A S ct8??j8 7 7'. consent of the Senate, appoint for the Sixth District of the parish & i e ^ y I * BC< of Orleans a suitable person as a sealer of weights and meas- na ^ overaor to nomi " ures; and for the Seventh District of the parish of Orleans a suit- able person as a sealer of weights and measures, who shall hold their offices for a term of four years. 1 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. 2 See following section. 158 Laws Concerning Weights and Measures |y* g 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. 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. Laws?i9o 4> pp. Jt sna ^ be the duty of the person appointed to visit all places I8 s 2 e~c! 8 3 3 9 3 3 i f business in his district once in each year, and at any other time inspection oi weights when on complaint or by request, his services may be required and measures , . 11-11 , 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. fnsplctor authorized ^ e ms P ecto r for said parish on the right bank shall be author- to procure set ized to procure a set of weights and measures at the expense of the parochial authorities thereof. Iees 3 of 3 seaier The person appointed sealer of weights and measures shall be entitled to receive similar fees to those paid to the inspectors of the city of New Orleans. vacancies ^ n case ^ vacancy 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 unstamped weights and measures prohibited. See Sees. 3920, 3921. Feesfby whom paid ^ ees m a ^ cases t 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. sec. 3938 The parochial authorities of said parish are authorized to pass w 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. Sale ^ unstamped weights and measures prohibited; inspector weights and measures may employ assistant, etc. See Sees. 3923, 3924. pr Re ! v ! taws, 1904, pp. That there shall be appointed by the Governor, by and with the l8 sec' 83S ' >88 advice and consent of the Senate, two coal and coke boat gangers, who shall have their offices in the city of New Orleans; provided, however, that the governor shall have the power to remove from office any coal and coke boat or barge gauger upon satisfactory proof made to him of negligence or official misconduct. Louisiana Each of said gaugers shall give bond, payable to the governor lond 2 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 Rev whose fees, duties and responsibilities shall remain as now fixed by law, provided the fee for weighing shall not exceed one cent per ton. Itandard barrel and That the standard measures for the bituminous and anthracite ton coal in this state shall be the barrel containing 6988 cubic inches and the standard ton of 2000 pounds. ftae 3 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^Acttr^sT 4 ' P ' That what is known as Scribner's Lumber and Log Book Measurement of saw D y le 'S HlleS which is aS follows! : man cypress 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 Misdemeanor , , J ~tf_ j j < merchant or other dealer, their agents or employes, to sell etc. 'or offer for sale any grain, chops, bran, fertilizer, meal, flour or Louisiana 161 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 flatty dealer, their agents or employes, who shall violate any of the pro- visions 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 y 7 , 190 6. P . 27 o charged with the duties of enforcing this act for the regulation of Enforcement the sale of certain mill products and cereals not otherwise pro- vided 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 ol flour *** meal 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 Ke c t 3 weight to be of each and every hogshead, barrel, cask, bale, sack, or package of marked on 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 offer for sale or exchange any of such products so packed or contained until the provisions hereof have been com- plied with. That if any person shall knowingly violate the provisions of this ^* act, he shall be deemed guilty of a misdemeanor, and on convic- tion 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 recover- able before any court of competent jurisdiction at the suit of the Commissioner of Agriculture and Immigration, or any citizen with- out 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 g^lor er 8578 12 II 1 62 Laws Concerning Weights and Measures inspector or other person in the performance of his duty in con- nection with this act shall be guilty of a misdemeanor, and shall upon conviction be fined not less than ten dollars nor more than fifty dollars. Sec - 6 That the Commissioner shall have a privilege on any mill prod- Products subject to ,, . ... _ \ . . c , J *, seizure 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 provi- sional 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 present- ing a petition to a competent judge or magistrate, within whose jurisdiction said mill products and cereals are found, stating on oath at the foot of the petition the amount and nature of the demand, the mill products or cereals on which the privilege exists, and praying that the mill products or cereals be seized to satisfy the claim and pay the costs of suits. Rev. Laws, 1904, P- That whoever shall falsify and knowingly sell any produce or (l8?0 ) merchandise by short weights or measure, shall, on conviction Sec 4 wei hts and t nere f , be imprisoned at hard labor for a period not exceeding measures a two years, and fined not exceeding two thousand dollars, at the discretion of the court. p.^riAcn's^r?! That shrimp shall be measured by the basket, and that each 20S basket shall contain seventy pounds avoirdupois of shrimp. Shrimp measure 3S f ev ' Laws> I9 4> P ' That it shall be unlawful for any purchaser or weigher of cotton d888) 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 pur- for; unlawful chased by them. Sec . 2 The purchasers shall account to the seller of cotton in all Damaged cotton instances for the actual weight of the bale purchased or weighed, except in cases of wet or damaged cotton, when the amount to be deducted may be agreed upon by the parties buying and selling. Sec That for each violation of this act, the offender shall be deemed Penalty guilty of a misdemeanor, and upon conviction, by a court of com- petent jurisdiction, he shall be fined not less than ten nor more than fifty dollars. MAINE. The state commissioner of agriculture shall be the state sealer !** 's 11 - cl - * of weights and measures. The standards of weights and meas- f^jfjl"^^ ures adopted by the state shall be deposited in a suitable room at ca^efnTufeoi the state capital, and be by him kept in suitable cases, for the pur- pose of comparing with standards which by law, are furnished, upon the order and approval of the state sealer, for the use of the several counties, cities and towns. The state sealer of weights and measures shall enforce the pro- f^ sealer or hls visions of law requiring county and municipal officers to procure, > maintain, prove and seal county and municipal 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 shall see that they are kept in good order and condition, and for such purposes he, or his duly authorized agent, may at any time on the request of the county commissioners of any county, the mayor of any city, or the municipal officers of any town, visit such county, city or town, and shall at all times have access to county, city or town standards. He, or his duly au- Authority ot thorized agent, may also at all reasonable times inspect and test the weights, measures and balances of any person, firm, associa- tion or corporation used or to be used in purchasing from or selling to the public any goods, wares, merchandise or other commodi- ties, or for public weighing, conducting such inspection and test with as little interruption as possible to the prosecution of busi- ness; 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, 163 164 Laws Concerning Weights and Measures Report make a written report of the work and the expenses of his office to the governor and council. ^RCV. stat.. 1903. ch. The standard of weights and measures furnished by the United Itandard of weights States and adopted by this state continues the standard of weights and measures and measures 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 regu- offlciai tests lated 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. lute 2 standards, to Until otherwise provided, 1 the treasurer of state, shall, at the be procured, by wkom state's expense, in the manner provided in the preceding section, procure and preserve as public standards, to be used only as such, the following measures, 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 three- quarters, 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, com- puted at sixteen ounces to the pound, with fit cales 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 pound weight, one fourteen pound weight, and one seven pound weight, of iron. Aiso 3 by county treas- The treasurer of each county, at the expense thereof, shall have once s 'in to ten be yea s rs al b? one complete set of beams, and of brass, copper, pewter and iron state standards weights, and of the measures before mentioned, except the bushel measure, proved and sealed by the state standards, and conform- able thereto in breadth and contents; and preserve them for the use of such county only as standards; and once in every ten years, from July one, eighteen hundred and thirty-nine, he shall have penalty them compared, proved and sealed by the state standards ; for each 1 The commissioner of agriculture is now State sealer of weights and measures. (I,aws, 1911, ch. 82.) Maine neglect of said duty, lie 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 ^4 8eal> and keep a town seal, and, as town standards, a complete set of beams, standard of beams, rr, , j f J , t ,, ' weights and measures weights, and copper and pewter measures, conformable to the state* be kept by treasurers, standards, except that the bushel measure, and the half bushel, peck years seal and half peck measures may be of wood instead of copper or pew- ter, 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 county 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 1^^^ Ol seal . sealer of weights and measures therein; removable at pleasure, and e ^by. town officers and may fill vacancies; for each month's neglect of this duty, they sev- erally forfeit ten dollars, to be appropriated as in the preceding section. Any city may purchase and keep for use scales for ~ f wei 8 hers fe y clties 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 p^Mity for sealer or days to accept the office and be sworn, forfeits five dollars, half toS 161 not accepting the town, and half to the prosecutor ; when sworn, he shall receive ce j ^^terds 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 pos- session. The sealers of weights and measures in the several cities and sec. 7 ( towns shall annually give public notice by advertisement, or by no fic| ler s i f^es Ind posting in one or more public places in their respective cities and places for sealtag 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- 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, fliers shaii visit per- stores and shops of persons who neglect to comply therewith, and^,^ 110 neglec1 having entered the same with the assent of the occupants thereof, shall adjust and seal their weights, measures and balances. gcc Said sealers shall go once a year and oftener if necessary, to every siwif visit hay and coal scale, to every platform balance within their respec- eights ur ^ 1 66 Laws Concerning Weights and Measures live cities and towns that cannot be easily or conveniently removed, and shall test the accuracy of and adjust and seal the same. AJi '^aies, weights, All persons using any scales, weights or measures for the pur- ? e n s?ed 1 an si time may b * P se ^ k uvm g 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. if e seaier can not seal I* 1 case a sealer of weights and measures cannot seal any weights, may mark^to snow to- measures an< i balances in the manner before provided, he may mark them with a stencil, or by other suitable means so as to show that they have been inspected ; but he shall in no case seal or mark as correct any weights, measures or balances which do not conform that se can 'nof h be "ad-to the standards. If such weights, measures or balances can be bidden by sealers> lor " readily adjusted by such means as he has at hand, he may adjust and seal them; but if they cannot be readily adjusted, he shall affix to such weights, measures or balances a notice, forbidding their use until he is satisfied that they have been so ad justed as to conform to the standards ; and whoever removes said notice with- out 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, leaie" shall be fur- A sealer when visiting the place of business of any person for the totMHn^'weight^etc 8 P 111 ^ 086 ^ testing any weights, measures or balances, may use for by towns and citie's "that purpose such weights, measures or balances as he can con- veniently 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 stand- ards furnished by the state, and all weights, measures and balances so sealed shall be deemed to be legally sealed the same as if tested and sealed with the standard weights, measures and balances. lake' 3 weights and A sealer of weights and measures may seize without a warrant seized 8 ures may be such weights, measures or balances as may be necessary to be used as evidence in cases of violation of the law relating to the sealing of weights and measures, such weights, measures or balances to be returned to the owners, or forfeited as the court may direct. proceedings, when When a complaint is made to a sealer of weights and measures complaint is made, that by any person that he has reasonable cause to believe or when such incorrect weight, etc., > > /. , are being used sealer himself has reasonable cause to believe that a weight, measure or balance used in the sale of any commodity within his city or town is incorrect, the said sealer shall go to the place where such weight, measure or balance is and shall test the same, and mark it according to the result of the test applied thereto ; and if the same is incorrect and 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 167 Maine standard. Any person using a weight, measure or balance after we ,^ t etc a sealer has demanded permission to test the same, and has been ^ Ml ' permfsstonlo 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 s incorrect conform to the standard shall be stamped " condemned " or " CD " ^ h ^ etc - 8ha11 be 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 Icaie^shaii be sealed balances are offered for sale or used, they shall be sealed by a before sale or use 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 breadth, to the public standard. Such articles as are sold or exchanged in any market or town in the state by gross or avoir- dupois weight, shall be sold or exchanged as follows: twenty-five L avoirdupois pounds constitute one quarter; four quarters, one 80011 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- fg^g , or using any ance or beam, or after a weight, measure, scale, balance or beam false wei h ' s . tc - 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 ^ I9 (j * w) or balances than those which have been sealed as before provided, Jgff et c . r . shall forfeit a sum not exceeding twenty dollars for each offense,' and when by the custom of trade such weights, measures, scales, beams or balances are provided by the buyer, he shall, if he pur- chases 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 f^ m&y ^ paid by by-law, provide that the sealer of weights and measures for salary id 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. 1 68 Laws Concerning Weights and Measures nf e p'> ts " I9 3 ' ch ' The f ees f sealers of weights and measures, for testing and adjusting scales, weights and measures by the town standards, to Sec. 21, div. 5. as Jo y >4 amended by Pub. be paid by the person for whom the service is rendered, are as pies 'for 'testing and f ollows '. for testing railroad track scales of forty thousand pounds capacity and upwards, two dollars; elevator scales of twenty thousand pounds capacity and upwards, one dollar and fifty cents; platform scales of five thousand pounds capacity and upwards, one dollar; dormant scales of less than five thousand pounds capacity, fifty cents; dormant beef track scales, fifty cents; plat- form scales of less than five thousand pounds capacity, fifty cents; beam scales of over one thousand pounds capacity, fifty cents; platform scales of less than one thousand pounds capacity, twenty- five cents; platform counter scales, twenty-five cents; counter balance or trip scales, ten cents; spring balance scales, fifteen cents; weights, each three cents; measures, wet and dry, each three cents; yard sticks, each five cents; coal baskets, each ten cents; milk cans, large size, five cents each; milk cans, small size, three cents each; milk bottles, in lots of one gross or less, one cent each, in lots from one to two gross, three-fourths of a cent each, in lots of more than two gross and not over four gross, one-half cent each, in lots greater than four gross, one-fourth of a cent each; for adjusting or repairing any scale, a fair and reasonable compensation; for adjusting weights, when either light or heavy, not to exceed ten cents each; for adjusting measures, wet or dry, when either large or small, not to exceed ten cents each; for adjusting yard sticks, not to exceed five cents each; for adjusting any weight or measure not mentioned above, a fair and reasonable compensation. Rev. stats., 1903, ch. ^11 hay pressed and put up in bundles, except hay pressed by 39 gec ffsso. isg?) 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 ship- ment any pressed hay not marked as aforesaid, except hay pressed Penalty by farmers and retailed from their own barns, forfeits one dollar taJ 7 hE P S3^38dfor each bale so offered, to be recovered by complaint. No defend action fo r p erson w ho 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. and The municipal officers of towns annually may appoint meas- fees of measurers urers of salt, corn 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 size of hogshead 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 ^885,1887.1897,1905) fit for shipping, is sixty pounds; of apples, in good order and fit standard weight axed 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 like condition, sixty pounds; of Eng- lish 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 Herdsgrass seed cleaned and in good condition, is forty-five pounds. The standard weight of a barrel of potatoes, in good order and Barrel of potatoes ^A. _ -u j j j /: j -Tin. Standard weight of fit for shipping, is one hundred and sixty-rive pounds. Whoever Penalty 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 Rev. stat., 1903, ch. or salt, by the barrel, and clam bait barrels, such barrel shall be Laws, 1909, ch 6o, P . S9 twenty-five and one-fourth inches long, and fifteen and one-half sizeolciambau bar- inches head diameter, outside measure. Whoever violates this rel provision shall be liable to a penalty not exceeding fifty dollars Penalty for each offense, to be recovered by action of debt. Towns may, by ordinance, regulate the measure and sale of 42 fp V ^f tet ' I9 3> **' wood, coal and bark therein, and the location of teams hauling Dimensions of a cord the same; and may enforce it by reasonable penalties. All cord- ofwood wood 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 twenty- eight cubic feet; and the measurer shall make due allowance for refuse or defective wood, and bad stowage. 170 L&ws Concerning Weights and Measures penalty lor selling ^ an Y fire-wood or bark, brought into any town by land, is sold wood or bark before an( j 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. HO'W cord wood All cordwood brought by water into any town for sale, shall be bem g easurer ater sha " corded on the wharf or land, on which it is landed in ranges making up in height what is wanting in length; then it shall be so meas- ured 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. Penalty for fraudu- When any wood, bark or charcoal, sold by the cord, foot or lent stowage i oa d is so stowed as to prevent the surveyor from examining the middle of the load, and it appears on delivery, that it was stowed with a fraudulent intent of obtaining payment for a greater quan- tity than there was in fact, the seller or owner thereof forfeits ten dollars to the county. How 6 charcoaimaybe Charcoal brought into a town for sale may be measured and measured and sold so ld by the cord or foot, estimating the cord at ninety-six bushels, when the purchaser and seller agree to the same; and the meas- urers before named shall be measurers of charcoal also. coai 7 baskets to be All baskets for measuring charcoal brought into a town for sale, sealed; dimensions shall be sealed by the sealer of the town where the person using them usually resides, and shall contain two bushels and be of the following dimensions, viz.: nineteen inches in breadth in every part, and seventeen inches and a half deep, measuring from the top of the basket to the highest part of the bottom ; and in meas- uring charcoal for sale, the basket shall be well heaped. sec. s ugin Whoever measures charcoal for sale, in any basket of less dimen- smauer ** sions, or not sealed, forfeits, for each offense, five dollars, sec. 9 The municipal officers of towns may appoint some suitable Seizure of unlawful j 11 i_ 1 j r i baskets person to seize and secure all baskets used for measuring coal, not according to the provisions hereof. penait for refusin ^ny measurer of wood, bark or charcoal, who neglects or refuses to give certificate; how to give to the owner or purchaser a certificate of the contents of prTateT ro ~the load, forfeits five dollars for each offense; and all the penal- ties 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. wei 'nt of ton Anthracite, bituminous and other mineral coal shall be sold by weight ; and two thousand pounds thereof are a ton. Maine The municipal officers of towns shall annually appoint weighers wei of such coal, who shall receive such fees as said officers may estab- lish, to be paid by the buyer. Unless coal is sold by the cargo, the seller shall, on request of ofa'i'uniess sow by the purchaser, cause it to be weighed by a sworn weigher, who Snnatatataed' r 8uit shall make a certificate of the weight; and who shall deliver such certificate to the buyer before commencing a suit against him for the price of such coal. The municipal officers of cities and towns may appoint a deputy Laws, 1909, ch. i 5 8, sealer of weights and measures, to hold office during their pleas- P 'Deputy sealer of ure, and fix his compensation. Such deputy shall act under the ures 1 g -* App^ntaent direction of the sealer of weights and measures in the municipal- and tenure ity, and shall have the same authority as the sealer in the per- formance of his duties. The standard measure of capacity for all apple barrels shall be Laws, 1909, ch. 24 ? three bushels, the barrel shall be of no less dimensions than seven- standard apple barrel, teen and one eighth inches for the head diameter; length of stave Sims of * 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 " stand- ard barrel," therein contained. The standard bushel box shall be twenty inches by eleven by di ^^ r ? s 1 OI lshel ^ ten inches, inside measurement, or of such dimensions as shall contam two thousand two hundred and fifty cubic inches and marked "standard bushel box." Any box of less dimensions than the above-mentioned shall be shortbox plainly marked on the top and sides, "short box," and with the fractional part of a bushel therein contained. Any person, corporation, or firm who sells or offers for sale gj^ for violations barrels, boxes, crates and other closed packages of apples, not oi the provisions of this conforming to the provisions of this act; or any person, corpora- 80 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 jur- isdiction 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 fg^ement of this diligently enforce all the provisions of this act, and when after act by director of Maine j -L -L -Lt- -L-L. r i-t.- 4-1, agricultural experiment due hearing he is convinced that the provisions of this act have station 172 Laws Concerning Weights and Measures been violated he shall, in his discretion, prosecute all offenses against the same. fiou/barreis may be Nothing in this act shall in any way be construed as debarring considered standard the so-called flour barrel from being considered a standard barrel. ^Laws, 1905, ch. 7 6, p. Q n anc i after July first, in the year nineteen hundred and five, Mmc shaii be wei bed a ^ m ^k or cream purchases by any person, firm or corporation, and tested by the Bab- for use in or to be resold by any creamery in this state, shall be weighed and shall be tested by the Babcock test to ascertain the amount of butter fat per pound therein contained; and the value of the cream or milk thus purchased shall be determined by the Test shaii be madeamount of butter fat per pound as thus ascertained. The test by owners or operators. . -111 n 111 j_i r ., 1 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 be made by, or under the direction of said commissioner, mfs y sioLfof d a e gricuiteand 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 hundred 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 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. s^'if.^s' amended All measures, cans or other vessels, used in the sale of milk, b5 An a measu ( res c used 5 hi sna ^ ^ e sea ^ e( i by the sealer of weights and measures, by wine sale of miik to be sealed measure, containing thirty-two ounces to the quart, and all quart bottles containing less than thirty-two ounces or more than thirty- two 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 whoever sells by any other measure, can or vessel, forfeits twenty dollars for each offense. Maine All milk and cream bought and sold by measure for consumption Ig; I909 - ch - 242 within this state shall be bought and sold by wine measure, the standard unit of 1 1 < 1-11 11 1 1 1 1 * AI , . measure lor milk and standard for which shall be two hundred and thirty-one cubic eam 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 |u c ' measures of milk or cream shall be tried and proved by the standard men- etc - sha11 be proved by 1 j 1 j . 1 j.1 i j- -1,. , sealer of weights and tioned in the preceding section, by the sealer of weights and measures and plainly measures of the city or town in which such milk or cream is to be m< 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, shall forfeit for each offense the sum of ten dollars. When milk or cream is purchased by measure at wholesale by capacity of cans to be any person, firm or corporation engaged in the business of buying used m 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 all new cans or other vessels purchased by any whole- sale 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 servant or agent, or as the servant |?e c na 4 ity for mutilating or agent of any other person, firm or corporation having custody of <*** and measures, or J r . r .,, erasing 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 otherwise mutilate said can, measure or other vessel so that the same will not contain eight quarts and one pint, standard measure, as hereinbefore provided, or who shall wan- tonly, 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 pro- f^ 5 ^ visions of section three * * * of this act shall be fined not exceeding the sum of fifty dollars. The Commissioner of Agriculture shall diligently enforce, or commissioner of ag- cause to be enforced, all the provisions of this act. 8S? sha11 enforce MARYLAND That Article 97 of the Code of Public General Laws, 1 "Weights and Measures," be and the same is hereby repealed and'reenacted by Laws 1 j -,1 j f 11 J Of 1910, ch. 353, p. 324 and re-enacted with amendments as follows: ds*?, 19/0) Sec. i The standards for weights and measures in this State, except sec. as otherwise provided in this Article, shall be the same as the standard of weights and measures of the United States. The County Commissioners of each county shall, on or before sec. 3 the first day of May in each year, appoint some person as keeper appointment of* of standards of weights and measures, who shall safely keep and care of standards 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 pre- scribed 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 within this State in the vending sec. s of articles, shall be inspected and stamped, or branded by said and n stamping ra standard keepers, and when adjusted, shall be by the said standard keepers branded with the letters Md. S., meaning thereby Mary- land 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 like 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 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 175 Sec 6 Inspections to be 176 Laws Concerning Weights and Measures Sec. 7 Record to be kept Sec. 8 Penalty for neglect or refusal. Public notice appointed by the County Commissioners, of which days public 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. Each keeper of standards shall keep in book form in which he 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. If any person shall neglect or refuse to have his, her or their 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 delinquency, sec. 9 If any standard keeper shall be informed or has reason to sus- Keeper to make ex- , J ~ . 1 . , . . .,1 < amination upon request pect that any person is using or has in his possession with fraudu- lent 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 seize the same as a forfeiture and adjust and sell them at public false weights and meas- . _*_ *i n f .-, ures auction, and shall annually return a statement of the money received therefor under oath to the County Commissioners, pena'uy for using ^ an Y weight or measure which shall have been branded or changed e?c te wght or s ^ am P e d as nerem 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. compensation of Bach standard keeper shall receive compensation for the dis- standard keeper charge of his duties 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. s, ec - " Whenever any standard keeper shall be applied to adiust scales, Compensation to ad- . , . ij- j- i ^ J ust scales weights 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. Half of all fines and forfeitures imposed by the preceding sec- tions of this Article shall go to the informer and the other half to the use of the county. The units of standards of measures of capacity for liquids desig- nated in this Article shall be based on a liquid gallon or two hun- Sec. 13 Fines, disposition of Sec. 14 Liquid gallon Maryland dred and thirty-one cubic inches; thirty-one and one-half gallons equaling one barrel, and two barrels are one hogshead; continual division of the gallon by two equaling half gallons, quarts, pints, half pints and gills. The units or standards of measures of capacity for dry measure 1^1, and designated in this Article shall be based on a dry bushel of two visions thousand, one hundred and fifty-six and four-fifths cubic inches, continual divisions 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, ^measure tor smaii raspberries, blackberries, currants, gooseberries, cranberries, whor- fruit ^^ berri tie berries, cherries, plums, peanuts, kernels of other nuts, chin- quapins, chestnuts, brussels sprouts and all other berries, small fruits and vegetables shall be by dry measure. The standard quart berry box or basket shall measure not less %*%. ,. r- - i_ -, Quart box or basket, than five and one quarter inches 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 : ^^| rd b ten and one-half inches by eleven and one-half inches by eighteen P^S inches, all inside measurements. The standard double-headed barrel of apples, pears, or quince Double-headed bar- shall be of the following dimensions: Head diameter, seventeen rel tor a pp le 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, green peas, beans, cabbage, beets, parsnips, carrots, kale, spinach, brocoli, onions and all other truck or vegetables, shall be of not less than the following dimensions : Diameter at the top, seventeen Sizft 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 turrets, baskets, etc., this State, with the exception of the strawberry and other small to be marked 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." Whoever brands or marks on any barrel, basket, box or package p e e c na 2 ity for t a i e 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 sum of two dollars, together with all costs of prosecution, 8578 12 la 7 8 Laws Concerning Weights and Measures Sec. 23 Penalty one-half to go to the informer and the other half to the public school fund of the county or city. boxes, All produce offered for sale within this State in any barrel, "Short t meas e ure arked basket, 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 Meas- ure" 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 : Pounds. Apples, dried per bushel . . 28 Alsike clover seed do. ... 60 Alfalfa seed do. ... 60 Barley do 48 Barley malt do. ... 34 Buckwheat do. ... 48 Blue-grass seed do 14 Beans do. ... 60 Bran do. ... 20 Carrots do. ... 50 Corn (shelled) do. ... 56 Corn (on cob) do 70 Do per barrel.. 350 Corn (shelled) do. . . . 280 Corn meal per bushel . . 48 Clover seed do. ... 60 Caster beans or seed do .... 50 Coal or culm do. ... 80 Coal. per ton . . 2, 240 Charcoal (commercially dry), per bushel 2 2, 748 Cow peas per bushel . . 60 Flour per barrel . . 196 Flax seed per bushel . . 56 Herd 's grass seed do 45 Pounds. Hungarian grass seed . per bushel . . 50 Hemp seed do 44 Hay per ton. . 2, ooo Lime per bushel . . 80 Millet (German and American), per bushel 50 Oats per bushel . . 32 Onions do. ... 57 Orchard grass seed . . . do 14 Peaches (peeled) do. ... 40 Peaches (unpeeled) do. ... 32 Peas do .... 60 Potatoes (sweet and Irish) .do .... 60 Peanuts do .... 22 Rye do 56 Red top grass seed (chaff) . .do 14 Red top grass seed (fancy) .do 32 Rape do 50 Straw per ton . . 2, ooo Salt (coarse) per bushel. . 70 Salt (fine) do 56 Sorghum do 50 Timothy grass seed do. ... 45 Turnips do .... 60 Wheat.. ..do 60 freight charges to be All charges for freight, measurement, weighting, inspection, based on weight wharfmg and commission on grain shall be made on the number of bushels as ascertained by weight and not by the running meas- 1 For convenience in printing a slight change has been made in arrangement of the articles. * Cubic inches. Maryland urement; and any one found guilty 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 Penalt y 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 Sec - 6 ,1 j i . Penalty for misrep-' other dry goods having any mark thereon or attached thereto indi- resenting quantity eating or stating a greater number 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 found 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 I ^ e I Pu - t Gen - 60 pounds to the bushel, and for the purpose of ascertaining the sec.' 35,^ enacted by true weight thereof it is hereby enacted that a platform scale shall Tomatoes, standard be purchased by the Board of Public Works of Maryland and w scaieto be located m located at such place in Centre Market Space, in Baltimore city, as iSR!?"** Space> 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 shall, sec. 3 6, as enacted by ,.,,.. p . , . * 11 Iiic weigher oi vegetables sold by weight brought to the said Market for sale by wes* e center Market the wagon load, who shall receive therefor the sum of ten cents Space * Ba 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, 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 Laws, 1900, ch. 41 Sec. i (1896,1000) Gen. Pub. Laws, 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 con- viction thereof, shall be fined not less than $10, nor more than $50, for each offense; and any driver of any wagon who shall sell, dis- pose 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 pounds to the bushel, and in all cases where either the buyer or 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 one- half bushel tub, a bushel tub, a bushel and one-half tub or a three bushel tub, and no instruments shall be used for measuring oysters in the shell but an iron circular tub with straight sides and a straight solid bottom, with holes in the bottom for draining, such holes to be no larger, however, than one inch in diameter; a half bushel tub shall have the following dimensions, all measurements to be from inside to inside: fifteen inches across the top, thirteen inches across the bottom, and seventeen inches diagonally from the inside 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 inches across from inside to inside from the top ; a bushel and one-half tub shall measure nineteen inches across the top from inside to inside, eighteen inches across the bottom from inside to inside, and twenty-four inches diagonally from the inside chime to the top; a three bushel tub shall measure twenty-four inches across the top from inside to inside, twenty-two inches from inside to inside at the bottom, and twenty-nine [and] twenty-six-hundredths inches diagonally from the inside chime to the top, and all oysters measured in the shell as required by law shall be even measure to the top of the tub only, and any-person or persons engaged in the business of buying or selling oysters in this State who shall own or have in his possession any instrument of measurement for oys- ters 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 mis- demeanor, and punished upon conviction before a court of com- Penaity petent jurisdiction, to be fined a sum of not less than fifty dollars Oyster bushel Oyster measure Maryland 181 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- 4 Jfy 6 9o8 ' art - 3lCh - more County, state of Maryland, shall receive five cents for each fleA testing weight and measure, and ten cents for each scale beam tried and weights, etc. branded, stamped and marked by him, to be paid by the person for whom the service may be performed. The person appointed as keeper of the standards of weights and Sec - 43 It shall be the duty of each inspector to cause each hogshead of sec 2 o l8 ^ tobacco before it is uncased, to be weighed, and the tobacco in m^arehouses f tobacco each hogshead, and the cask itself, to be separately weighed in his presence, or that of his weighing clerk, in scales with weights of the proper standard; and 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 yfah a marking-iron on the side of each hogshead of tobacco under 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. (1902) That the Mine Inspector shall also be an inspector of weights Laws, 1902, en. 134, 1 < ,..., . P. i s s; code pub. i*>cai an( j measures at all mines now or hereafter opened in said counties An. i. sec. aoa [Allegheny and Garrett], and shall weigh several cars of coal weightag c ot is 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 weights Mine inspector made and apparatus for testing scales, and to do any other act he maySS^ lwel|!hhl 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- Wel 8 nl ngoicoai master for the owner, lessee or agent of said mines, before entering upon the performance of his duty as weighmaster or check- weighman, or before making any report, to make oath before some justice of the peace, in the proper county, that he will per- form the duty of weighmaster or check-weighman as prescribed by this Act, at such mine, with honesty and fidelity, and will keep a true and accurate account 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 hundred and forty pounds per ton, and all fractions thereof be counted in hundred weights, a copy of which oath shall be posted up in said weigh-office where such coal is weighed. But the said oath of weigh-master or check-weighman shall be understood and construed as only requiring said weigh- master or check-weighman to allow and credit said fraction of tons in whole hundred weights (cwts.) in manner following, namely: Where the odd pounds in any mining cars in excess of the whole hundred weight therein, shall equal or exceed fifty-six pounds, 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 (cwt.) shall be less than fifty-six pounds, then such weighmaster or check- weighman 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 pre- scribed in said affidavit. Provided that every car when weighed 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 sheets on which the weight of the miner's cars are registered, and 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 of this Act, in relation to weighmaster and the weighing of coal, for 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 care, how weighed . *. g weighing oi coai 184 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-we^hmaster 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, sec. 2 o6 That it shall be the duty of every person acting as weighmaster Art. 12, sec. 160 . . ... . ., / 1 . J .^ 11-11 ? i- , Duties of weighmas-m 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 oi operator f or a t 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 r dT^^^g* 90 *' voL of seven thousand to five thousand seven hundred and sixty. The' (^W) 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 lee! , hogshead two barrels. Barrel The barrel of flour, measured by weight, shall contain one hun-. $*? 3- as amended . J by Acts, 1911. ch. 397 dred and ninety-six pounds, the barrel of potatoes one hundred ^JJJ^ 01 and sixty-five pounds, and the barrel of sweet potatoes one hun- potatoes j j j ^.CA. j sweet potatoes dred and fifty pounds. The legal and standard barrel for cranberries shall measure not Acts - ^^^ rii< as * men( lea by Acts, less than twenty-five and one fourth inches between the heads, l ^ch. 3 so inside; the diameter of the head shall be not less than sixteen and size of cranberry bar- one fourth inches, including the bevelled edge; the outside bilge rcl> crate; mi circumference shall measure not less than fifty-eight and one half inches; the thickness of the staves shall be not greater than four tenths of an inch. The legal and standard crate for cranberries shall measure seven and one half inches, by twelve inches, by twenty-two inches, inside, exclusive of any interior partition or support, and shall have an interior capacity of one thousand nine hundred and eighty cubic inches; but any square or oblong crate or box of different form, but of as great interior capacity, shall be considered a legal and standard crate. 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 par- tition 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 unless its interior capacity is as great as the capacity herein speci- fied for such package. Every barrel, crate, one half crate or one quarter crate used for the sale or delivery of cranberries shall be of the Massachusetts 185 i86 Laws Concerning Weights and Measures 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 use'of certain size packages containing one, two or four pounds of cranberries net packages authorized, 1 ^ . ., , P \* i_j. 1 1 j net weights to be weight: provided, that said net weight is plainly stamped on the top or side of each package. Penalty for violation Acts, 1911, ch. 380 , ec - 3 Rev. Laws, 1902, ch. Pounds. 62, vol. i, p. 583 Wheat 1 . .. 60 ( 3; $%:&$$' Indian corn . . 56 Sec. 4, as amended by Rye 56 A f , I9 J?- ch - 2g 2 i. Barley 48 Weights per bushe Oatg J * Corn 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 snorts 20 Flaxseed 55 Coarse salt 70 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 . meai! ight ! cental sec 7l 6 /po/) capacities Weights 55) I n this Commonwealth a bushel of cracked corn or feed or any bushel ofmea l except oatmeal shall be fifty pounds, and a cental shall be O ne hundred pounds. The following weights, measures and balances now in the treasury; a set of dry measures consisting of one-half bushel, ^S^t, four, two, and one quarts; a set of liquid measures consisting o f 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 pounds; eight, six, four, three, two and one ounces, eight, six, four, three, two and one drams; a set of troy weights consisting of five thousand, three thousand, two thousand, one thousand, five hundred, three hundred, two hun- dred, one hundred, fifty, thirty, twenty, ten, five, three, two and 1 For convenience in printing a slight change has been made in arrangement of these articles. Massachusetts 187 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 one- tenth, 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 con- sisting 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 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, 1 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- ances shall be preserved in the same form and of the same dimen- sions 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. 1 The treasurer and receiver-general shall appoint a deputy state sealer l 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 public 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 1 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. Custody Sec. 7 wn be re- (1890, 1901, 1907) Sec. 8 Deputy State sealer ( 1890, 1901 ) Sec. 9 Duties of 1 88 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 finds them inaccurate he shall 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 per- formance of his duty shall be punished by a fine of not more than three hundred dollars or by imprisonment for not more than sixty days. sec io l8 ^ ^ e 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. (1730-31, 1738-0, 1790, The treasurer shall provide each county, city and town with 1800,1847,1848,1850, t r At- .t j j -L.4. jui 1880) a complete set of the standard weights, measures and balances standard weights to named in the following section: dties?et t c. by COU1 les> Counties, 1 cities and towns shall keep the following standard (7*90) weights, measures and balances: A set of avoirdupois weights county standards consisting of fifty, twenty-five, twenty, ten, five, four, two and one pounds, 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-gallon, one quart, one pint, one half-pint, and one gill; one balance; one yard measure; 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 apothe- caries' liquid measures. Acts^907.ch. S 34 The governor, with the advice and consent of the council, shall commissioner a pp O i n t a commissioner of weights and measures for the term of of weights and meas- f* . . ures three years from the date of his commission, sec. 2, as amended by The said commissioner may appoint six inspectors. The Acts, 1911, ch. 632 - p < i 11 to appoint inspec- annual salary of the commissioner shall be two thousand dollars, and of the inspectors twelve hundred 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 ! 8g contingent office expenses for himself and his inspectors such sum as may be necessary, to be paid out of the treasury of the com- monwealth. The commissioner shall assume all such duties pertaining to the Sec - 3 care, custody and furnishing of standard weights, measures and coSmislCer 1 * * 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 amend- ment 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 gen- eral court. The inspectors shall, under the direction of the commissioner, 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- cuylnd town sealers ally during the month of November, make a report of the weights, * ***** annual re p rt 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- 6a Rev - Laws - 190I > <* men, shall, upon request to the treasurer and receiver general, be ^ t Wn) provided, at the expense of such cities and towns, with duplicate cities 4 and towns to j ,, ., -1- j .1 t J hiave same 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, 1 city and town treasurers shall, at the ex- ^Iffitgffifof** pense of their respective counties, cities, and towns, provide f^ 5 .^ lng ^ 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, 1 city or town, replace the same by similar weights, meas- ures 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- caries' liquid measure, which are in the custody of county 1 treas- 1 See note on p. 188. 190 Laws Concerning Weights and Measures county and town urers shall, at least once in every ten years, and such standards- standards to be tested w hich are in the custody of city and town treasurers shall, 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 measures 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. (1602-3, 1799^1863,1876, The mayor and aldermen of cities and the selectmen of towns Appointment of seal- s ^ a ^ annua lly> m March or April, appoint one or more sealers of ers and gaugers weights and measures, or one sealer and one or more deputy sealers to act under the direction of the sealer, and they may also appoint Removal gaugers of liquid measures; and may at any time remove such sealers, deputy sealers and gaugers, and appoint others in their places. gec ^ d7w) Every sealer of weights and measures shall receive from the sealers ^acc^ntabie treasurer 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 accountable to his city or town for the due preservation thereof in like condition until he returns them to the treasurer. (1705-6, 1730-1, 1738-0, The treasurer and receiver general and his deputy, the county l 1709,1800,1847,1907). , ,< ., , t_ 11 1 i ^ At. sec. 20, as amended treasurers, and the city and town sealers shall keep seals for their 283 use. The seals of the treasurer and of his deputy shall bear the Each ^surer,, seal letters " C. M. " and those of the county 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 penalty f or imperson- authorized to do so, impersonates a sealer or deputy sealer of ating sealer . , j *, r . J - 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. (l6 i8 4 7 isll'^^ 99 ' Sealers of weights and measures shall annually give public notice fee. 21 ' by advertisement, or by posting in one or more public places in Annual notice of ad- J . ' ',*" r 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, mer- chandise or other commodities or for public weighing, to bring in 1 See note on p. 188. Massachusetts l()I 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, (1705-*. , 799 , I8l7 . stores, shops or vehicles of persons who neglect to comply there- ?& l8?0 ' IS?6 ' l8?7t with, and shall adjust and seal their weights, measures and balances, by^cts"'^ T?^ Any person who shall neglect or refuse to exhibit his weights, Placeotsea>lin * measures or balances, used for the purpose of weighing or meas- uring, to a sealer or deputy sealer, or whoever hinders, obstructs or in any way interferes with a sealer or deputy sealer in the per- formance 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 (1705-6,1X35, is 47 , i8 7 6) hay and coal scale and to every platform balance within their Hay waies respective cities and towns which cannot be easily or conveniently removed, and shall test the accuracy of, adjust and seal the same. Whoever uses scales, weights or measures, for the purpose of buying or selling any commodity may, if he desires it, have his weights and measures, used for such purpose, tested and sealed by the sealer of weights and measures. Apothecaries and all other persons dealing in drugs, medicines or merchandise commonly sold by apothecaries' weight or by apothe- caries' liquid measure shall, at least once in three years, cause such weights and measures 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. County 1 treasurers, for the purpose of this section, shall be sealers of weights and measures in their respective counties. Whoever sells or deals in drugs, medicines or merchandise which l require the use of apothecaries' weights or apothecaries' liquid * est measures 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 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 Wro, is 7 6) Tote 2 s 4 t weights upon S (li 1909. ch. 4 The provisions of chapter sixty-two of the Revised Laws relating provisions of ch. 62 of to ^he adjustment, testing and sealing of weights, measures and Revised Laws applica- J 1 1 j bie to weighing andbalances shall apply to all weighing and measuring devices used measuring devices used ,. + '* i e i J for hire or reward for the purposes of weighing and measuring for hire or reward. Twang sealing, etc. A sealer or deputy sealer shall seal such devices when they are of such devices tested and found correct, and shall mark, condemn or seize such Massachusetts 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- Actsw ing to the adjusting, testing and sealing of weights, measures and 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 p e e c ,^ iaes> etc found correct, or shall mark, condemn or seize such devices if incorrect, in accordance with the provisions of said chapter sixty- ap 1 y OVisionsofch - 62to 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 such devices. So much of chapter sixty-two of the Revised Laws and of all acts g^V 909 - ch> 3I in addition thereto or in amendment thereof as provides that T Ch - 62 J Revised 1 11 i f ' -i 1 -1 j 1 ' 1 A i Laws re P ealed as to counties shall be furnished with standard weights and measures by counties and county 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 county standards by the commonwealth, and now in the custody of county treas- may be * ld 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 63 Rev - Laws ' I902> ch - and used in this Commonwealth, and no contract or dealing shall Sec z (7 * 77) be deemed invalid and no pleading in any court shall be open to^Memc 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 |gj of varjous 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. 1 Duties oi state and ^he duties of the treasurer and receiver-general and his deputy town treasurers a nd the duties and responsibilities of the treasurer of each town, with respect to the keeping, care, verification and use of the stand- ard weights and measures of the metric system, shall be the same as those established by law with respect to other standard weights and measures. (1877.1890) The deputy state sealer shall verify, adjust and seal all metric idling of metric weights and measures brought to him for that purpose. The weights and measures sea j er o f we ights and measures in each town which has received the standard metric weights and measures shall verify, adjust and seal all metric weights and measures brought to him for that pur- pose 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. g ^ ^ (1877) Every person who uses weights or measures of the metric system Duties of persons us- f or the purpose of selling any goods, wares merchandise or other ing metric system , . , < 111 commodities shall have them adjusted, sealed and recorded by an authorized sealer of weights and measures, and shall thereafter be responsible for the correctness and exactness of the same; and every person who illegally or fraudulently uses the metric weights or measures shall be liable to the same penalty to which he would Actfi 1902 ' ch. 159 h ave b een liable if he had used other weights and measures. of L h a e i SyM hSdbJ No person shall be deemed ineligible to hold the office of weigher either sex Q f CQa l j n an y c jy Qr town by reason of SCX. Rev. Laws, 1902, ch. Whoever, in a city or town for which an inspector is appointed, J> I'i8 3 6. 1847, 1861) sells pressed or bundled hay or straw which has not been inspected weighing and in- and weighed as before provided, shall forfeit two dollars for each spection e hay and bale Qr k^dle so so i^ ; b ut no such inspection and weighing need be made unless the vendee at the time of purchase requires it. 830^ 1854, 1891) The city council of a city may establish ordinances, with suitable J ^ peca nand8ale l penalties, no * excee ding fi ve 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 surveyors, inspectors and other officers as may be necessary to carry into effect said ordinances and may establish their fees. 1 Here follows the conversion tables as adopted by the Congress of the United States. See United States Laws. Massachusetts The mayor and aldermen of a city or the selectmen of a town (l8 ^- I8 s- l8 *5> I86 $. shall appoint, and may remove, weighers of coal, one of whom at Sec - 8 3 '*' 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 ineligible 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 (** '*so, is ss , a 70 . ^1 J J t- 11 u L-L. J J r ^.1 1884, 1894, 1001,1907) thousand pounds avoirdupois shall be the standard for the ton. sec. 8 4 as amended Coal in quantities of less than one hundred pounds, shall be sold in 2e.^* w * 1 19 7> ch bags or baskets, and shall be kept until delivered in the same bags or weight and b me!s 1 ure by 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 Laws, i 9 o 7 . ch. ^& J J Sec. 2 hereby repealed. Repeal Coke in quantities of less than one hundred pounds, and charcoal i, ch V s 7 ' a in any quantities, shall be sold by weight or by measure, and shall sec. w M^Sended be kept until delivered in the same bags or baskets in which the by s ^ 2 of A cokk 19 and goods are weighed or measured, and coke and charcoal thus sold charcoal 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 pounds or more shall be sold only by weight. Baskets used in selling coke or charcoal by measure shall be of the t (/09> ch< 4a4 ^ ne commissioner of weights and measures of the commonwealth Enforcement an d the sealers 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. , rff v ' I ' aws ' I9 2 ' vo1 ' Whoever sells coke, charcoal or coal by weight shall without cost ' (IQOI, igio) to the purchaser cause the goods to be weighed by a sworn weigher Sec. 88 as amended r , , , . -, . tT/t. i j j i 11 by Acts, 1910, ch. 219 of the city or town in which they are weighed, and shall cause a cer- by S weight CO ke 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 meas- ures of any city or town to examine the certificate and to make a copy thereof, sec. 89, as amended A sealer of weights and measures of a city or town in which any by Acts, 1910, ch. 219 . < i 1 < i r 1 i- < 1 . . / sealer may direct quantity of coke, charcoal or coal for delivery is found may, in his discretion, direct the person in charge of the goods to convey the same without delay or charge to scales designated by such sealer, who shall there determine the quantity of the goods, and, if they are not in baskets or bags, shall determine their weight with the tare weight, and shall direct said person to return to such scales forth- with after unloading the goods; and upon such return, the sealer public scales s hall determine the tare weight. The scales designated by the sealer as aforesaid may be the public 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.^as^smLnded A sealer of weights and measures of a city or town and a sworn %^ord7obeVp s t 3 of weigher shall keep in a book used by him solely for that purpose a weights and measures record of all baskets sealed by him as aforesaid, and of all weigh- ings 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 de- termined, 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 201 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 precedine sections Sec - 91, amended, J? M j. 1 -j.1 L r f .- Acts, 1902, ch. 453 or tails 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 coal, shall for each offence be punished by a fine of not more than one hundred dollars. Sealers of weights and measures shall cause. Seal ers to cause en- ,1 r ,1 1 1- , forcement 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 U7#-0, 1772-3, ^33; basket, bag or other measure which does not conform in every k&rf3 * particular to the requirements respecting it, with intent to use or penalty for having permit it to be used in measuring coal, coke or charcoal sold or !j" e l al coal> etc " meas " 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 (1758-9; 1772-3, 1796, shall appoint one or more persons whose duty it shall be to seize ' l853 ' 18 all baskets, bags or measures used or intended to be used for measur- 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- se^V 903 ' ch ' 484 gage in or carry on the business of selling coal or coke, as principal CO a I lc a e n,f I c 1 ! f ke iealers to 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^^^edby monwealth for such period, and upon such conditions and terms as License' 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 Fees therefor 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 ^-^ amended by any justice of the superior court, after due hearing, upon com- ^ic^nses may be re- plaint in such form as he may require, for using false weights False weights and l . . - * r measures, etc* or measures, for charging exorbitant or excessive prices, tor con- spiring, combining unlawfully with other persons, or unlawfully 2O2 Laws Concerning Weights and Measures discriminating in the conduct of said business, or for any other just and sufficient reason. 1 public notice of H- 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 license at his place of business and on all vehicles employed by him in his business and in such other man- ner as the licensing authority may direct. It shall be unlawful for any such persons, firms or corporations not so licensed to des- ignate themselves as licensed or to use the word "licensed" upon any vehicle or in any place. Penalty for violations Whoever violates any provision of this act shall be punished 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. s6 R p V s aws> 19 2 ' ch ' Under the supervision of the inspector general and his deputies, (I7 & i! 3 o; x&;' respectively, all kinds of split pickled fish and fish for barrelling, ^839, 1850, 1879) a u co( if ls h tongues and sounds, halibut fins and napes, and sword- pfckSjandYrandhig^ 8 ^' ^ sa ^ articles are intended for export, shall be well struck flsn with salt or pickle in the first instance, and preserved sweet and free from rust, taint or damage; and if they are found in good order and of good quality, they shall be packed in tierces contain- ing three hundred pounds each, in barrels containing two hundred pounds each, in half barrels containing one hundred pounds each, or in packages containing less than one hundred pounds 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 purpose, and, after packing with suffi- cient salt to preserve its contents, shall be headed or well secured and filled up with a clean strong pickle. i 8 834 Casks which are used for packing or repacking pickled fish 'intended for export, unless they contain less than twenty-five quality and ca- pounds weight, shall be made of sound, 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 bung with the name of the maker. 1 Sec. 4 repealed by Acts of 1906, ch. 434. Massachusetts 20^ Sec 2 Quintal, weight of (1803,1838,1840,1844, * Sec 2g weighers of ash Boxes used for packing smoked alewives or herrings shall be Sec ^ l8 ^ made of good sound boards sawed and well seasoned, the sides, B " quality and top and bottom of not less than half inch and the ends of not less capa " ty 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 a quintal of one hundred pounds avoirdupois, and all contracts 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 a fish barrel of not more than twenty-nine nor less than twenty- eight gallons, and containing twenty-six gallons of clams and 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, in which salt water fish are landed from vessels, shall annually appoint a public weigher of fish, who shall hold office for one year from the time of his appointment and until 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 such weigher or his deputies, upon the request or demand of the uponrequestordemand 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 etc " to 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 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 penalty on weigher, shall be liable to a penalty of not less than twenty-five nor more Jfe* ' than one hundred dollars and shall forfeit his position. fish 3 to be weighed |^ s 3 / welgllln g 204 Laws Concerning Weights and Measures dT' Laws> I9 2> V L ^ n eacn CU T or town where beef cattle are sold for the purpose of _ -*Cw market or barrelling, the mayor and aldermen or selectmen shall weighers of beef appoint one or more persons, conveniently situated in such city or town and not dealers in cattle, to be weighers of beef, who shall be sworn. 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. 1?20 ~ 1 ' l859 ^ A l a f f bread for sale shall be two pounds in weight. Bread, weight of loaves unless composed in chief part of rye or maize, shall be sold in whole, half, three-quarter and quarter loaves, but not otherwise. sec. 4, Amended by In each shop or place where bread is sold by retail a legibly A price 9 i?st tobe 9 posted printed price list of the different kinds and qualities 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, 1859) Bread, when sold, shall, upon request of the buyer, be weighed Bread to be weighed, in his presence and, if found deficient in weight, additional bread shall be delivered to make up the legal weight. sec?6?al amend*! by Whoever violates any provision of the preceding three sections A penaity 8 ' **' shall be punished by a fine of not more than ten dollars for each sealers to cause en- offence. The sealer of weights and measures in the respective forcement . . > . .. cities and towns, or the commissioner of weights and measures ot the commonwealth, shall cause the provisions of the said three sections to be enforced. sec. 7 ( ^ 59) The provisions of the four preceding sections shall not apply to Roils and fancy bread j-oiig or o fancy bread weighing less than one-quarter of a pound. (iW - 7 7 /- 1 87 A' I8?8 ' Every parcel or lot of commercial fertilizer or fertilizer material leas, IOQO) ....,., , , 11. i 1 |ec. ii rtilizersr which is sold or offered or exposed for sale within this common- uiated K ~ wealth shall be accompanied by a plainly printed label containing the number of net pounds of fertilizer in the package, * * * ' 7 ~ 1 ' ' Ss8) All fruits, vegetables and nuts, if sold by measure, shall be sold e e Isure besold ^y ^T measure, and whoever violates the provisions of this section shall forfeit not more than ten dollars for each offence. r ?nt>Hted Baskets or other receptacles holding one quart or less which are 19 ? 9 ' c - 35 i used or intended to be used in the sale of strawberries, blackberries, Baskets for berries, ... 111- 1 -1111 ize of cherries, currants, blueberries, raspberries or gooseberries shall be Penalty for violation , 1 ., .' *; . 9 1P . , ,., ., ot the capacity of one quart, one pint or one half pint, Massachu- setts standard dry measure. Whoever sells or offers for sale a basket or other receptacle holding one quart or less to be used in the sale of any of the aforesaid fruit which does not conform to said standard, and whoever sells or offers for sale any of the aforesaid 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 Sec ^ 8s >l8si) shall, subject to the provisions of the preceding section, be meas- Nuts! 3 etc., measured i ,1 , M i 1 by the strike ured by the strike or level measure. In all contracts for the sale and delivery of wheat, corn, rye, oats, (r8z3 - I84 88 l 8ss ' I88 ' barley, buckwheat, cracked corn, ground corn or corn meal, ground | e r c a -^ s and meal how rye or rye meal, or feed, or any other meal except oatmeal, cider sold .,' y i_ 11 -j j -u Sales b y bushel or apples, beans or peas, the same shall, except as provided in 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 ( Jf$ I?62 ~ 3 ' l8ss) annually appoint one or more measurers of grain ; and if only one is ^Sffii of grainto appointed by them, they may authorize him to appoint deputy- measurers. Each of such measurers and deputies shall, upon request of a Sec (7 2 7 f~ 5 - l855} 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 cer-. tificate of the number of bushels, as ascertained by weight accord- ing to the rule prescribed in said section. Whoever sells or delivers by the bushel any quantity, exceeding Sec (*> l8 ^ 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 29 (/5< deputies, upon application as before provided, shall give a certifi- Jg*-* 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. 3 .44 P J_1 ^ ,-,1 *-v 1 rt .A n r 4 *1 TIT Vl -H" M .C G6S 01 and aldermen or by the selectmen of the several places in which they are appointed, and one-half shall be paid by the seller and one-half by the purchaser. measurers 206 Laws Concerning Weights and Measures Penalty for light ^ a measurer 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 pro- visions 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. (1823) Gunpowder manufactured in this commonwealth shall be put lize of casks, etc., for into strong and tight casks containing twenty-five, fifty or one gunpowder hundred pounds each, or quantities of not more than five pounds, into copper, brass or tin canisters and closely covered with copper, brass or tin covers. ^^ (1824) If the city council of a city or town accepts the provisions of weighers of hay this section or has accepted 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 s'cales are continued. (i8 3S . 1847, i6i) 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 of ten or more voters thereof, annually appoint one or more inspec- tors of pressed or bundled 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 ^' 847 ' z86l) Bach inspector shall provide himself with proper scales, weights, -duties of seals 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. 836^1847, 1861) Bales or bundles of hay or straw so inspected, which are found pressed hay andto be sweet, of good quality and free from damage or improper straw, how numbered . . 11111 j i 1 j < l86 '. sells pressed or bundled hay or straw which has not been inspected and weighed as before provided, shall forfeit two dollars for each bale or bundle so sold; but no such inspection and weighing need be made unless the vendee at the time of purchase requires it. A dealer in ice who refuses or neglects to provide scales for each Sec ('*<) wagon used by him for the delivery of ice or, on request of the ice" dialers to have purchaser of ice, refuses or neglects to weigh the same when de- SC( livered or gives false weight shall for each offense be punished by a fine of not more than fifty dollars. Whoever, having charge of the delivery of ice from a wagon, not sec. 4 e 1 j AI_ xi 1 Penalty for giving being a dealer in ice, refuses on the request of the purchaser of ice false weight 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 lime manufactured within this commonwealth shall be (1785, ms. vu, 1796, sold or exposed to sale, or shipped on board a vessel in casks, gj&m ' l g unless it is well burnt and pure, in good and sufficient new casks, casks ahty ol containing either fifty or one hundred gallons each, made of well- seasoned heads and staves, with ten good and sufficient hoops on each cask, well driven and sufficiently secured with nails or pins. Whoever sells, exposes for sale, ships or receives on board a (7*09) vessel in casks, any lime manufactured in this commonwealth, lenity 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 ^ 8 ^> l86 ^ establish regulations, with suitable penalties, relative to the ap- survey of marble, etc. pointment of a surveyor and the survey and measurement 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 be (wo. l8 ^ 26 ' l8 &- marked or branded on the head by the manufacturer, in plain, legible letters, with his name and the net weight of the contents of the cask. 208 Laws Concerning Weights and Measures sec ( (x>' 7 ' '^ I* 1 or< ier to ascertain the mean or true weight of potatoes, ^a^s of ^potatoes, on- on j ons or sa jt, 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, unless the vendor and vendee appoint a third person to measure or ascertain the weight or quantity of the same or unless they agree on such weight or quantity, or unless 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, with- out 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. (1869, 1878, 1880) Every manufacturer of cotton, linen or silk sewing-thread, and sewing thread to be every person engaged in putting up such thread on spools, or in packages of four ounces weight or less not wound on spools, shall, before the same is offered for sale, affix to or impress upon each .spool of such thread, and upon each package of such thread not Spools or packages of r , 1 i u 1 j A- J.-L. ,-A. thread wound on spools, a label or stamp designating the quantity of thread which each spool or package contains, either by giving the length in yards or by giving the weight. sec. 6^' l8?8} Any such person who neglects to affix such label to or to impress stamp upon each 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 one- half to the use of the person who sues therefor. secffc l878 ' l88o) A merchant, jobber or trader who sells or offers for sale cotton, threai al faisei or sellinz nnen or sn k sewing thread, put up either on spools, or in packages of the weight of four ounces or less not wound on spools, which is not labelled or stamped, or which is falsely labelled or stamped as regards length or quantity by an amount greater than five per cent of the true length or quantity, shall be liable to the penalty pro- vided in the preceding section. sec. 6 4 (/ * 75) Ready wound bobbins of thread adapted for use in sewing bobbins ex - machine shuttles shall be exempt from the provisions of the three preceding sections. c *ty counc il of a city and a town shall annually choose one Measurers of wood OT morQ measurers of wood and bark, who shall hold office during and bark the year and until others are chosen and qualified in their stead, Massachusetts 200 and 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 , d8 94 ) lumber in section seven of chapter sixty, be licensed to act in a Measurers may act town adj oining that for which they are elected or appointed. ln adioining town Cord wood exposed for sale shall be either four, three or two (1705-6, i 75 8-g, 17?2 - 3 , feet long, including half the kerf; and the cord of wood, being well sec/ff' ^ and closely laid together, shall measure a quantity equal to a cord aSSV 00 ^ dimen " 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 (^-0, '772-3, 1779-80, a cart or other vehicle is offered for sale before it has been Sec - i* m measured by a public measurer of wood and bark and before awwdrete./notmeS- ticket thereof signed by him has been delivered to the driver, ur 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 ^705-6, 1710-11, 1758-0, 1 r r j.1 .1 111 1772-3, 1779-80, 170) to such fees for their services as the mayor and aldermen or s ec . 79 selectmen shall establish; and the fees shall in each case be paid to the measurer by the driver and shall be repaid by the purchaser. Cord wood brought by water into a city or town for sale, and Sec <>. ^jo) landed, shall be measured by a public measurer; and for that w eaVu r e ment of purpose the wood shall be corded and piled by itself in ranges, WJ 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 Fee ticket the stated fees for such service. Cities and towns may establish ordinances and by-laws, with suitable penalties, for the inspection, survey, measurement 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 ( - I758 ~ 9 I ' 7 I $*^$ 79 ~ 8 - from a wharf or landing place shall be furnished by the owner or fee si ' j.1 j-- i ^.- XL -L-.L i-- 1_ j.1- i J i. ' Tickets showing 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. 6i Rev '8^ aws> 19 2> h ' ^ apparatus for linear measurements used by a land surveyor 5 \i8?i) shall be annually tested and proved by the sealer of weights and Annual test of sur- measures in the city or town in which such surveyor resides or has veyors' apparatus ^ o f ce> an( j a u c h a ins, tapes 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. ec f> . The mayor and aldermen of a city or the selectmen of a town Appointment ol per- J . J sons to test may appoint a suitable person, other than the sealer of weights and measures, to test and prove such measuring apparatus. Tv.4 * n hp based The standards used for such tests shall be based upon and shall p * < upon state standards correspond to the standards furnished by the commonwealth to sealers of weights and measures. fe s 8 The fees for such testing and proof of each article of apparatus shall be twenty-five cents, and shall be paid by the person present- ing the apparatus for test. Rev. Laws, 1902, vol. The directors of each bank, once in five years, shall have the 2>c (iltjIrfS? weights used in it compared, proved and sealed by the treasurer weights of banks to and receiver general, 1 which shall supersede so far as respects such ye e ars proved eveiy flva bank the sealing of its weights 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. those 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. 2 dTi ^ aws ^ 2 ' V L ^ m i^ er occupying and using a grist mill who neglects to provide 2 (i 7 o9^o,'i728--9, 1762-3, himself with scales and weights or a vibrating steelyard to weigh sec. 6 3 I7W corn, grain and meal to and from the mill, when required, or who scafes! e etc. *' '^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. Acts. 1907, ch. 394 Whoever, himself or by his servant or agent or as the servant or Sec i, as amended by ' * , acts, 1911, ch. 163 agent of another person, gives or attempts to give false or insuffi- Penalty for giving P ... i_ n r XL f \. false 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. dep Massachusetts 211 The civil service commissioners may prepare rules, which shall Acts.^.ch.ssz take effect when approved by the governor and council in the J^ea manner provided by law, for including within the classified civil fled vu service service 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 common- wealth. MICHIGAN The weights and measures, together with the scales and beams, and those made in conformity therewith, which are now, or may a &S/*' p ' I5SS hereafter be deposited in the treasury of this state, shall be pre- standarda served by the treasurer, and be the public standards. The treasurer of the state shall be the state sealer of weights sec. 4 88 3 and measures, and he shall have and keep a seal, which shall be Duties 681 ' 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 f^j^g to have not already been obtained, shall procure, for the use and at "e standards from f /i 1-j. j State sealer 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 8tandar( , s to and beams, shall be deposited with the county clerk, who shall be be 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 6j' tlM a rth to hundred and forty-five, each county clerk for the time being shall b ar j i ried "* to flve 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. 4 88 7 11 111 iff .t When county stand- 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 tn 213 214 Laws Concerning Weights and Measures as aforesaid, and delivered to the clerk of the county, it shall be the duty of the clerk to notify the county treasurer of such neglect, and such county treasurer shall immediately provide such stand- ards, and cause the same to be tried, proved, sealed, and deposited as aforesaid, at the expense of his county. Itandards for each ^ e township board of each township shall procure to be made township, how procured and provided, when it shall not heretofore have been done, for the use, and at the expense of the township, a complete set of weights and measures, 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 office, and such weights and measures, scales and beams, so tried, sealed and certified, shall be delivered 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 Township sealer, his . ., , . , ^ duty weights and measures therein, and shall have the care and custody of the standard weights and measures 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. NoHc 4 ^ annual seal- / ^ e c ^ el "k f eacn township shall, once in each year, some time ing in the month of April, put up a written notice in three of the most public places in the township, stating therein the time and place when and where he will attend such of the inhabitants as live within the limits 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. sec.4891^ ^ The township clerk shall be entitled to demand and receive township cie" from the person for whom the service is rendered, for trying, prov- ing, and sealing as aforesaid, three cents for each scale, beam, weight or measure found not to be conformable thereto, and two cents for each scale, beam, weight or measure found to be con- formable thereto. sec. 4892 The township clerk shall go, once in every year, to the houses, Annual visit to stores, ,.. < 1 i! j j. M r -A etc., to try weights and stores and shops of such merchants, traders, retailers of spirituous liquors, 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 required in the last preceding section, the town- ^ 4893 ship clerk shall be entitled to demand and receive of such mer- chants, or other persons, double the fees hereinbefore provided D wefeei for the like services, together with four tents 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 sealing of every weight, teZaS^Sf clerks 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 f^ 8 ^^ the standard of weights and measures for the county have been to proc e i?rest^da?d lerl deposited with the county clerk, shall neglect, for the space of six months, to provide standard weights and measures for their town- ship, 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 measures shall neglect to perform sec.4896 his duty, as prescribed in this chapter, he shall forfeit, for each negS etc. n * neglect, the sum of five dollars. The vibrating steelyards, which have heretofore been allowed sec. 4 97 ,.,.= . a , ,. Vibrating 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 ^^| tton Ol 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 construc-- tion would be manifestly inconsistent with the special agreement of the parties contracting. The half bushel and the parts thereof shall be the standard &%$& measure of measure for fruits and other commodities customarily sold by fruto etc - heaped measure; and in measuring such commodities the half bushel or other smaller measure shall be heaped as high as may be, without especial effort or design; and the standard measure of charcoal shall be twenty-seven hundred and forty-eight cubic Bushel of charcoal inches for each and every bushel thereof. That whenever wheat, rye, shelled corn, corn on the cob, corn ^ gw meal, oats, buckwheat, beans, clover seed, timothy seed, ^x 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, min- eral coal, Hungarian grass seed, orchard grass seed, osage orange seed, shall be sold by the bushel and no special agreement as to the 216 Laws Concerning Weights and Measures measure or weight thereof shall be made by the parties, the meas- ure thereof shall be ascertained by weight, and shall be computed as follows, viz : 1 Weight per bushel of Lbs per bush . grata and other prod- _ ucts Wheat. . . 60 Rye 56 Corn, shelled 56 Corn on the cob 70 Corn meal 50 Oats 32 Buckwheat 48 Red top seed 14 Barley 48 Dried apples 22 Dried peaches 28 Potatoes 60 Sweet potatoes 56 Onions 54 Turnips 58 Lbs. per bush. Beans 60 Clover seed 60 Timothy seed 45 Flax seed 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 Orchard grass seed 14 Osage orange seed 33 sec. 49 if 7/) That whenever stone-lime is sold, and no special agreement is tae 0f bushel made by the parties, the bushel shall consist of seventy pounds. (187?) That whenever apples are bought or sold by weight forty-eight pounds shall constitute a bushel. . That every person who shall weigh for any person purchasing, we? bin catt p ie r etc n8 r se ^ m ?> 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 prod- gfrerT 601 weigllt8 to be uce, shall make a true and correct weight or weights thereof, and give to the purchaser and seller, or person offering the same for sale, when requested, the true, full, correct, and gross amount of any and all such weights. penalty 4 for violation Bvery person who shall willfully violate any of the provisions ofact of this act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding fifty dollars, or by imprisonment in the county jail not exceeding three months, or by both such fine and imprisonment, in the discretion of the court. sec 4 4f 7l) That the quantity known as a box or basket of peaches shall size of peach baskets contain seven hundred and sixteen and four-fifths cubic inches, or one-third of a bushel strict measure. sec t> 86o) That the quantity known as a barrel of fruit, roots, or vege- Barrete tables shall be 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. sec i l8?7) That when any person or persons, party or parties, shall offer Frait?etc., not to be for sale or sell in any township, village, or city, within this state, sold in less quantities r . , , <_ L j j i than represented any fruits or vegetables contained in drawers or cases, boxes or 1 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 t^lf? 8 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^ ('*> ages designed for the shipment of peaches, grapes and plums, and Fruit baskets to be f , . j j i 11 i marked as to number 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 bot- tom, 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 sec. 49 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- v< J j n |}- g ^ aws - l897 - tion to such other powers as are [conferred] confirmed, have the g^^ ^^ ^ general power and authority granted in this chapter, and the councu^-viiSg^s 18 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, fgiE? powers oi in 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 measilt ing of brick, lumber, firewood, coal, hay, and any article of mer- "se chandise ; Nineteenth. To provide for the inspection and sealing of weights and measures and to enforce the keeping and use of proper weights and measures by venders [vendors]. 218 Laws Concerning Weights and Measures 5 ' l897 ' Bvery miller occupying and using a grist mill, shall be provided Miteo keep scales with sca l e s and weights, or a vibrating steelyard, to weigh corn, grain, and weigh grain, flour, flour and meal, delivered at and taken from the mill, if required; and if he shall neglect to keep himself so provided, or shall refuse so to weigh corn, grain, flour or meal, when required by any person refusa? lty ta nesl * ci or delivering or taking away the same, he shall forfeit, for each neglect or refusal, not less than one dollar, nor more than five dollars. se > ?is^ s aws ' l897 Every person who, with intent to defraud or cheat another, obtaining property by s hall * * * or by means of any false weights or measures, iflisc pretenses 1 -i t* obtain a larger amount or quantity of property than was bar- gained for, or by means of any false weights or measures, sell or dispose of a less amount or quantity of property than was bar- gained for, if such land or interest in land, money, personal prop- erty, valuable thing, larger amount obtained or less amount dis- posed, shall be of the value of twenty five dollars or less, shall be punished by a fine not exceeding one hundred dollars or imprison- ment 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 impris- onment in the county jail not more than one year. pub. Act 208, 1909. p. When mill products of wheat, corn, rye or buckwheat, known 37 lec. i as flour, grits, meal or compounds of the same, are placed or rts packed in barrels, fractional parts of a barrel or sacks to be sold or billed to any person or persons within this State, the standard weight or measure of a barrel or the fractional part thereof, shall be as follows, viz: bafrei ldardweightsp6r One hmiclrecl 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. ^weishts to be placed The full and correct weight as herein established shall be placed in said barrel or fractional part thereof by the manufacturer, company, dealer, person or persons filling the same, and the weights as herein established shall be the legal weights in this State for such packages when they are bought or sold, offered or exposed for sale, or in possession with intent to sell, or sold and delivered, ordered or billed. ihoYt weights ^ P erson or persons shall sell, offer or expose for sale in this State by the barrel, or by the fractional parts of a barrel as herein established, any of the mill products specified in section one hereof, 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 SEA.. P 1 -11 i . ^. . ,. x weignt to be marked of such mill products specified in section one of this act shall be on package 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 sec 4 1 -11 j L. r Ai j j 1 f ! i Abstraction of con- part of the mill products from the standard packages or fractional ents unlawful parts named in section one, and sell such package as a barrel or fractional part of a barrel as denned in section one. Any manufacturer, company, dealer, person or persons who f^L, 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 number of pounds than such package actually contains, or who shall put up or sell in this state any of the mill products of the above named cereals in a manner contrary to the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars and the costs of prosecution or by imprisonment in the common jail or the Michigan Reformatory at Ionia for not less than ninety days nor more than one year or by both such fine and imprisonment in the discretion of the court 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 missioned 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 Is sec. 4965 . exceeds ten dollars per ton, shall affix on the outside of every uzer^t 'weigw to be package containing such fertilizer a plainly printed certificate, stating the number of net pounds therein ; * * * . shown 22O Laws Concerning Weights and Measures ^ pub. Act 12, 1905, Any manufacturer, company, person or persons who shall sell, weight to be marked ff er or ex p ose f r sale or for distribution, in this state, any con- onjMickages of feeding centrated 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 com- plying with the provisions of this act, any commercial feeding Penalty stuff, * * * shall, upon conviction thereof, be fined not less than one hundred dollars for the first offense, and not less than three hundred dollars for every subsequent offense, and the offender shall also be liable for damages sustained by the pur- chaser of such feeding stuff on account of such misrepresentation. P^' Act Ico> I9 s> ^e State Inspector of Mines is hereby empowered to test all sec. 26 scales used in connection with the weighing of coal in or about State inspector to test ,, , TT i_ 11 i_ r 11 j.1 1 mine scales the coal mines. 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 de- |^s. 1911. ch. i s e partment of " Weights and Measures, " hereafter referred to as the Department created Department, and it shall be under the jurisdiction of the Railroad under jurisdiction and Warehouse Commission, hereafter referred to as the Commis- house a c*mm?ssira are ~ 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 commission to ap- measures and such deputies and other employees as may be nee- point commissioner 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 qualifica- tions 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 commilsion ut t l o rl adopt chapter, and it may change, modify or amend any or all rules and change 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 sec._ 4 good order the standard of weights and measures of the state and ment tae! submit them to the Bureau of Standards of Washington, D. C., for^" certification when it is deemed necessary ; and shall keep a seal so formed as to impress the letters " MINN " and the date of sealing upon the weights and measures that are sealed; it shall test, cor- _t es t 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, or in use in the state; and shall, upon the written request of any person, test or calibrate weights, measures, weighing or measuring devices and instruments or apparatus used as standards in the state; it shall keep a complete record of the standards, balances _t keep record and all testing and sealing 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. 222 Laws Concerning Weights and Measures sec. s The Department or any of its employees shall have power to utho depart " inspect and test all weights, scales, beams and measures of every kind, instruments and mechanical devices for measurement, and tools, appliances 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 measurement of quantities, things, produce, arti- cles 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 cor- rect. In the general performance of this duty the Department, or any of its employees, may enter or go into and upon any stand, place, building or premises to stop any vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon or any dealer what- soever 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 instru- ments 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 em- measures, ploy ee shall condemn, seize and may destroy incorrect weights, etc., may be con-^ ' . j > i_ ,i_ j demned, seized, or de- measures or weighing or measuring devices which, in the judgment of the Department cannot be satisfactorily repaired, and such as are incorrect and yet may be repaired, shall be marked as "Con- demned for repair, " in the manner to be prescribed by the Depart- ment. 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. e Any person who shall offer or expose for sale, sell or use, or have False scale, weight,. / , . , , . 1 . measures, etc., sale or in his possession a false scale, weight or measure, or weighing or measuring device, or any weight or measure or weighing or measuring device which has not been sealed within one year, as provided by this law, or use the same in the buying or selling of any commodity or thing; or who shall dispose of any condemned weight, measure, or weighing or measuring device, or remove any tag placed thereon by any authorized employe of the Department, or shall sell or offer or expose for sale less than the quantity he repre- sents; 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 instru- ment 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 measur- ing device, shall be guilty 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 fgj^ erln orres 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 under the sec; 8 . . . , . . , ,. .. Police power 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 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 |g- e ' and counties shall deliver to the Department all standards of weights treasurers to deliver . * 1 , . , 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 or condemning any scales, weights, measures, and weighing or 81 measuring devices. All money appropriated or so collected, and .. ... f i "I* .. f 1 1 t_ii Fees and fines, dis- all fines and penalties for violating any provisions of this law, shall position of 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- 0,^00 sons, corporation, partnership, stock company, or the agent or employee thereof. This act shall not apply to nor repeal Section 2059 of the Revised s- ^ not repeal Statutes of 1905, Chapter 357 of the Laws of 1907, or Chapter 319 certain act. of the Laws of 1909. 224 Laws Concerning Weights and Measures | e e y a 4 , 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, 1911. (1903) The standard measure of capacity for commodities sold by dry Rev. Laws, 1905, ch. , 1t , , , , , , > < ATAI so measure shall be the bushel containing 2150.4 cubic inches. The Dry measure half bushel, peck, half peck, quarter peck, quart, and pint shall be derived by successively dividing that measure by two. LiquiTmeasure The standard measure of capacity for liquids, except beer and wine gallon milk, shall be the wine gallon, containing 231 cubic inches; and 31.50 gallons shall constitute a barrel, and 63 gallons a hogshead. ^ Miik and beer meas- The stan dard measure of capacity for beer and milk shall be the gallon containing 282 cubic inches. LLaeai 7 measure etc / ^^ le 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. Hundredweight ^ n contracts for the sale of goods or commodities, unless a con- trary intention appears, the term "hundredweight" shall mean 100 pounds avoirdupois. sec (l 3 8 2s' Z8o7) ^ n coir t rac ts for the sale of any of the following articles, unless a standard weight of a contrary intention appears, the term "bushel" shall mean the bushel, etc. 1 r j j i_ j number of pounds avoirdupois herein stated: Corn in ear, 70; beans, peas, wheat, clover seed, and Irish pota- toes, 60; broomcorn seed and sorghum seed, 57; shelled corn 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 ; blue- berries and parsnips, 42; currants and gooseberries, 40; cranber- ries, 36; oats, 32; dried apples and dried peaches, 28; charcoal, 20; bluegrass, orchard grass and red-top seed, 14; plastering hair, unwashed, 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 selling shall give any less number, shall be guilty of a misdemeanor. Rev. Laws, 1905 The village council * * * shall have power to adopt, amend powers of council or repeal all such ordinances, rules and bylaws as it shall deem expedient for the following purposes: * * * IO - To establish and regulate markets, provide public scales/ appoint a weighmaster, and restrain sales in the streets. t That in addition to the powers heretofore granted by law to the sec. 775-7 7 cities and villages in this state, which power shall not be limited or inspectors of meters judged 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 fif teen 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 compensa- tion 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 herein- after 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 scales are maintained shall have control of such scales and shall tlons 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 com- Duty oi modities 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 com- pensation of said weighmaster, which compensation shall be paid out of the treasury of such municipality, and shall, from time to 8 57 8 -i2 - 15 Sec. 77SI9 Salary (1905) Sec. 77535 Public wagon scales Sec. 77536 and Compensation 226 Laws Concerning Weights and Measures time, fix the price to be charged for weighing any article or com- modity thereon, and the weighmaster shall collect such charge at the time of weighing such 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 Scales to be tested . , , t r t i 1 j-^ ,1 . 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. sec. 775 39 Provided that this act shall not apply to any city having a Where not to apply , , . , . , . . !^ r * J J charter which provides for a city weighmaster. Rev. Laws. 1905. ch. Every person who shall injure or defraud another by using, with 10 sec.'si i7 knowledge that the same is false, a false weight, measure, or other a misdemeanor 1 * 1148 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. Every manufacturer, individual, association, co-partnership, 1909>c 'o ch ' 7 (i } Laws, SU PP . ing with the requirements 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 hundred dollars, or imprisonment not less than ten days nor more than ninety days. No person shall sell any spice or condiment which is adulterated as hereinbefore defined, unless each receptacle or package in which Sec . I the same is kept for sale or sold, shall have securely affixed in a conspicuous place upon the side thereof, and plainly separated from 8 P ice - etc 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 English 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 commission, is hereby authorized and directed to inspect all seal- ing devices made for the purpose of sealing 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- 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 to install such sealing device when directed to do so by the com- 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 sealing thereof after the same has been prop- erly installed and inspected by some authorized agent of the commission. The railroad and warehouse commission shall have power to enforce reasonable regulations for the weighing of cars and of freight offered for shipment in carload lots. All track scales used by common carriers for the purpose of weighing carload freight shall be under the control and jurisdiction of the com- mission and subject to inspection, exempt from the jurisdiction when faiHng to p S ' S3 f upp ' Sec 8 jf a pection of track 228 Laws Concerning Weights and Measures 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. 2 8 R p V 'o6 aws> 19 5 ' h ' AH scales in such terminal warehouses, or used for weighing * 2o < r *w) grain in railroad yards at terminal points, shall be under the inspection ot scales control of the state weighmasters and subject to inspection by them, exempt from the jurisdiction of sealers of weights and measures. They shall be inspected at the request of any person interested in any grain weighed or to be weighed thereon. If found incorrect, the cost of inspection shall be paid by the owner thereof; otherwise by the person requesting inspection. No scales found incorrect shall be used until re-examined and found correct. weighmasters and The commission shall appoint at each terminal point a state weighers weighmaster and such weighers as may be necessary, who shall have the control of the weighing of all grain subject to state inspec- tion, 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, weighmaster's rec- All weighmasters and weighers shall keep such records as may ords and certificates k e p rescr jbed by the commission, and shall furnish to any person for whom weighing is done a certificate under his hand, showing the amount of each weight, the number and initial letter or other distinctive mark of each car weighed, place and date of weighing, and contents of car. Such certificate shall be prima facie evidence . of the facts therein certified. f^, 2074 The fees for inspection and weighing shall be fixed by the com- mission, 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. * * * iw e ch l's66 Upp ' No person purchasing, selling or storing grain in- any public sec 2 ^ I 7 i local warehouse in this state, as the same is now or may be here- Gr c ain^sfandard after defined by law, shall use any other measure for such grain than the standard bushel, and no other number of pounds shall be used or called a bushel than the number of pounds provided by law as the standard weight of the kind of grain in question. i9^?di. ^ aws> Supp ' Every elevator company, corporation, copartnership, associa- sec. aios-f tion or individual, operating any elevator, building or place in tn ^ s 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 officer whose duty it is to issue the same, the official Minnesota 229 Rev - Min/ 7 to be certificate of inspection in duplicate, together with the weigh- master's certificate in duplicate for any grain or other farm com- modity 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 t ^1 A 1 1 1111-1 I 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 weight 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 tem- perature 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 Penalty measure or test for milk or cream sold or purchased at prices deter- mined by the proportion of butter fat contained therein; any per- son who shall manufacture or sell a cream or milk pipette or meas- ure 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 mis- reading 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 com- panics 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 purpose of being weighed and inspected as hereinafter provided. i*wsSupp. 2I - P- 47> by Babcock test to us be Laws, 1905, ch. 196 Terminal points ta Pubuc ** tracks ^, at tracks 230 Laws Concerning Weights and Measures by S Law 4 s Sec. s Track scales Control of 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. [i a , ei1 ^ 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, empty, no ^11 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. 8tate All scales at such hay tracks shall be under the control of state weighmasters and subject to inspection by them, exempt from the jurisdiction of sealers of weights and measures. They shall be inspected at the request of any person interested in any hay or straw to be weighed thereon. If found incorrect the cost of inspec- tion 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. ApYointment of The Commission shall appoint a suitable number of persons to weighers and inspec- p er f orm 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 Reinspecting interested person with the official acts of any inspector reinspect- ing may be had upon application to the aforesaid chief inspector of grain or either of his deputies. A final appeal from the deci- sion of said chief inspector of grain or his deputy inspectors may Board of anal review k e ma( j e 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. 7 Rules Sec. 8 Oath Minnesota 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^wlth inspectors of hay and straw from having free access to their scales taspectora 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 juris- diction 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 gov- erned in the performance of their duties by such rules and regula- tions 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 man- ner 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, ship- ping, purchasing or selling of hay or straw, or any of their prod- 231 See. 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 pre- scribed for his government, or has been guilty of any improper official act, or has been found inefficient or incompetent for the duties of this position, such person shall be by the commission immediately removed from office. for imper- Any person not duly appointed and qualified, who shall assume ^o ac t as a weigher 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, pena'ity for 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 care- lessly 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 hundred ($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 to keep rec- All weighers of hay and straw provided for by this act shall be " d required to make true weights under the penalties hereinbefore provided, and in addition thereto shall keep a correct record of all weighing done by them at the hay tracks where they are stationed, in which record shall be entered an accurate account of all hay, straw, or other property weighed, or the weighing of which was supervised by them or their assistants, giving the amount of each weight, the number of the car or cars weighed, if any, the initial letter of said car or cars weighed, where weighed, date of weighing and contents of car. certificates Said weighers and inspectors of hay and straw shall give upon request of any person interested certificates under their hand and seal showing the amount of each weight, or if inspected, the grade, number of car or cars weighed or inspected, if any, the initial of said car or cars, hay yard where weighed or 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 con- tained, 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 handling, weighing, inspecting and storage of hay and straw; to establish all necessary rules and regulations for the weighing, grading, inspecting and reinspecting of hay and straw, and for the management of all public hay tracks at terminal points in this state as far as such rules and regulations may be necessary to enforce the provisions of this act, or any law in this state in regard to the same; to investigate all complaints of fraud or oppression in the hay and straw trade, and to correct the same as far as may be in their power. MISSISSIPPI The standards established by congress are the standards of p c ^' I9o6> ch- ISO> weights and measures in this state; and a fac-simile of each is de- s* c -56s,as amended posited with the secretary of state, as well as at each of the state standkraTot weights 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 pounds per bushel as stated in the following schedule, shall be the true and legal standard, viz : l Pounds. Wheat per bushel . . 60 Corn in the ear do .... 72 Corn shelled do. ... 56 Cotton seed 2 32 Rye per bushel . . 56 Buckwheat do .... 48 Barley do. ... 48 Oats do. ... 32 Peas do .... 60 White 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. . > Timothy seed per bushel . Blue grass seed do. Hemp seed do . Salt do. Corn meal. . ..do. Pounds, standard weight of 45 14 44 5 48 bushel Ground peas do. ... 24 Malt do 38 Bran do .... 20 Stone coal do .... 80 Lime, unslacked do. ... 80 Sorghum seed do .... 42 Corn meal, bolted do. ... 44 Corn meal, unbolted do. ... 48 Flour in barrels net. . 196 Flour in one-half barrels do .... 98 Flour in one-fourth barrel sacks net 48 Flour in one-eighth barrel sacks net 24 Meal in barrels. .. ..net.. 200 Hungarian grass seed ...."... .do. ... 50 All contracts for work or labor done, or anything to be sold and delivered, will be construed to have been made according to the standards, unless the parties stipulate to the contrary. The board of supervisors of every county, and the mayor and board of aldermen of every city, may procure the standards of weights and measures duly sealed by the secretary of state or some proctor, and consisting of one weight of fifty pounds, one of twenty- five pounds, one of fourteen pounds and one of seven pounds; two i For convenience in printing a slight change has been made in arrangement of these articles. ' See also section 5070. 235 {or Countle8 236 Laws Concerning Weights and Measures of four pounds, two of two pounds, and two of one pound, avoir- dupois; one measure of one yard, and one of one foot, cloth meas- ure; 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 one-half gallon, one of one quart, one of one pint, and one of one gill, wine measure. in e spe s cfo 8 rof P rovisions The 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 county and city, and shall seal weights and measures brought to them, and receive the fees allowed. sec. 5069 The boards of supervisors and mayors and boards of aldermen Stamps for sealing .,,, , , -1,1 .. 1 j SA*_ __* measures shall respectively provide the proper stamps or brands with which to seal weights and measures. lotion seed Unless otherwise agreed upon, a bushel of cotton-seed shall be thirty-two pounds avoirdupois. Se ?u s 7 u A> * a T s en " The standard weight of coal shall and is hereby established at acted by ch. 206, Laws, J.-L i_ j j / s 1908, p. 212 two thousand (2000) pounds to the ton, or two hundred (200) BOX or barrel oi pounds to the box or barrel, and unless otherwise agreed upon, coal shall be sold by the ton of two thousand pounds, or the box or barrel of two hundred pounds. Measure of charcoal Unless otherwise agreed upon, charcoal shall be sold by measure, and the measure of charcoal shall be a barrel of the capacity of three and one-quarter bushels. Measure of saw logs, The table known as "Scribner's Lumber and Log book by rtc ' Doyle's Rule " is the standard rule of measurement by which saw- logs 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. Deaiers 3 to have none When the county or city is supplied with the standards of but sealed measures we ights and measures, every dealer therein shall have none but sealed weights and measures, and the weights shall be so sealed as that the removal of any part of the filling will destroy or deface the seal ; and every dealer having, in such case, any weight or measure which has not been duly sealed, shall be guilty of a misdemeanor, and shall, moreover, forfeit ten dollars for every day he may have any unsealed weight or measure, sprung by false If anv person 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 lwd s pa s ckagea to be and every hogshead, barrel, box, cask, bale, sack or package of tabeled flour, corn 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 con- tained, until the provisions hereof have been complied with. If any person shall violate the provisions of the two preceding fj^gg 7 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 powers hereby granted shall be exercised by the mayor code. 1906, ch. and board of aldermen of the respective cities, towns, and villages, Powers; tow exer- as hereinafter set forth: (Ninth). To prescribe rules for the weighing and measurement weight, measuring of every commodity sold in the municipality, in all cases not and "spe^s: 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 47 Code> I9 6> ch> a8> p- true weight of any bale or package thereof any amount whatever, Sec x <* as scalage, with intent to diminish the sum to be paid or credited to the seller, he shall be guilty of a misdemeanor, and, on convic- tion, 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 the actual weight of the cotton bought, except where the amount of the deduction is agreed upon between them, or adjudged by a disinterested person for them, he shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in the last <;prtion ode> I9o6> ch - 97 fcCCLlUll. Sec. 3296 Every owner or occupier of a mill grinding for toll shall keep Miners to keep sealed j AI i j f t IP i 11 1 ..^measures and 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, recov- erable, 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, Indira measure tor which said measure shall consist of a tub or other round vessel of oysters the following dimensions, to wit: It shall measure seventeen inches in diameter inside at the bottom and twenty-one and one- half inches inside at the top, and fourteen and one-half inches inside from bottom to top, the unit of such tub or measure to be in the shape of inverted frustum of a cone. Two of these meas- ures 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 meas- ured 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 twenty- five cents from the person, persons or corporation to whom it is issued. The chief inspector shall keep a book to be known as the "oyster measure record," in which he shall register the names of each person, firm or corporation to whom he has issued such stamp and the date of issuance ; and said record shall be open for the inspection of the public during business hours; and for every false or fraudulent issuance of said stamp or for every stamp issued without a record thereof being kept, in the " oyster measure record," the chief inspector shall be guilty of a misdemeanor and shall, on conviction, be fined the sum of fifty dollars, one-half of which shall be paid to the person or persons informing on the chief inspector. Laws, 1908. ch. 107, That all persons, manufacturers, companies, dealers, or agents, p s c . s before selling or offering for sale for use in this state, any commer- sttfffs c be" g t e o s marked" cial feeding stuff, shall attach to each bag, barrel or other package, with net weights the name o f t he feeding stuff, if any, the net weight of the pack- age, the name and address of the manufacturer. * * * Mississippi 239 That the jurisdiction of cotton weigher of the town of Pontotoc in p * ws - I906 - ch - 2ia - Pontotoc County (which office is created by Chapter 35 1 of the Sheet se c - r f nnr .\ i j ,1 -1 i i j , Cotton weigher of Acts of 1888) be, and the same is hereby, extended so as to be co- Pontotoc county to be extensive with the County. The said cotton weigher shall hold his el Duties oi office until the next general county election, to be held in the year 1907, and until his successor has been elected and qualified, 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 de- mand. The fee of each cotton weigher shall be ten cents for each Feet bale of lint cotton weighed by him, but he shall be entitled to no compensation from parties who may decline to have him weigh their cotton. That the office of Cotton Weigher for Smith county, in said p ^ ws - l **> <* " 8 - state, is hereby created, which shall be filled at an election to be gee. i 1 u ' i L .LI i i .L- o -j i .L- t_ To create the office of held in said county at the next general election. Said election to be cotton weigher for held in compliance 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 Janu- ary, 1912, 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 268 of the Constitution of this state, and shall enter into bond with two or more sureties in the sum of five hundred dollars ($500), condi- tioned for the faithful discharge of the duties of said office, without fraud or favor or partiality. Said bond to be approved by the board of supervisors of said county; but the governor is hereby authorized and empowered to appoint a cotton weigher for Smith county to serve until his successor is duly elected and qualified. The said appointee to take the oath and give the bond above pre- scribed 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. 3 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 public weigher, sec. A It shall be the duty of said cotton weigher to make all proper Deductions for wet ' , . , , , . or damaged cotton deductions for wet 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. 2*7. Th a t the office of cotton weigher for Winston County, in said f o c 'create the office State [Mississippi], is hereby created, which shall be filled in the same winston n comu gher ia manner an d a t the same election of 1907 as the other county 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, 1912, and until his successor is elected and qualified. The successors of said officer shall have the same quali- fications 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 $1.000, conditioned for the faithful discharge of the duties of said office, without fraud or favor or partiality, said bond to be approved by the board of supervisors of said county, cotton weigher may That said cotton weigher is hereby empowered to appoint as appoint deputies many deputies as he may deem necessary, who are authorized to act as his deputies at any place in said county where cotton is to be weighed. It shall be the duty of said cotton weigher to weigh all cotton sold in or shipped from any village, town or city in said county, and he shall be entitled to receive as compensation ten cents for each bale of cotton weighed by him, or deputies, to be paid by the seller. Nothing herein contained shall be so construed as to prevent any- one from withholding his cotton from said cotton weigher, and said cotton weigher shall not be entitled to fees on cotton not weighed by him. Deduction for wet It shall be the duty of said cotton weigher to make all proper deduction for wet or damaged cotton weighed by him, and he shall give to the seller a certificate showing the number, net and gross weight of each bale of cotton weighed by him. MISSOURI Weight The clerk of each county court shall provide, at the expense 3 dT^^Y^ 9 - vo1 ' of the county, one measure of one foot, or twelve inches, English '$? c - "K ', - , , - ' i . , , ' Z; , County clerk to pro- measure; one measure of three feet, or thirty-six inches, English ire weights and meas- measure, denominated one yard; one half bushel measure, which ^Length shall contain one thousand seventy-five and one-fifth cubic CapacUy inches, denominated dry measure; one gallon measure, which shall contain two hundred and thirty-one cubic inches; one half- gallon measure, which shall contain one hundred and fifteen and one-half cubic inches; one quart measure, which shall contain fifty-seven and three-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 Notice 196 * 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 com- modity 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 llaitag 63 all weights and measures presented to them for that purpose, that correspond with the county standard. The hundredweight shall consist of one hundred pounds Ton II? avoirdupois, and twenty such hundreds shall constitute a ton. Whenever the articles hereinafter named shall be sold by the i^gaY^eights of bushel, and no special agreement as to the measurement or weights | hel of variou8 P rod - thereof shall be made by the parties, the bushel shall consist of the following number of pounds, viz. : 1 Wheat I,bs. per bush. 60 Shelled corn Lbs. per bush. $6 Beans 60 Flax seed 56 Clover-seed 60 Unshelled corn 7O Irish potatoes 60 Barley 48 Peas 60 Oats 72 Split peas 60 Bran 20 Rye. .. 56 Onions ">7 1 For convenience in printing a slight change has been made in arrangement of these articles. 8578 12 16 241 242 Laws Concerning Weights and Measures Lbs. per bush. Corn-meal 5 Millet 5 Green peas, unshelled . . . 56 Green beans, unshelled . . 56 Apples 48 Peaches 48 Pears 48 Hungarian grass seeds 48 Malt 38 Top-onions sets 28 Red-top seed 14 Orchard grass seed 14 Sorghum seed 42 Osage orange seed 36 Cucumbers 48 Tomatoes 45 Lbs. per bush. Dried peaches 33 Dried apples 24 Buckwheat 52 Castor beans 46 Hemp-seed 44 Blue-grass seed 14 Timothy-seed 45 Cotton seed 33 Salt 50 Mineral coal 80 Coke 1 2, 680 Charcoal . . . i 1 2, 680 Sweet potatoes 56 Parsnips 44 Common turnips 42 Carrots 50 Rutabagas 50 And whenever apples shall be sold by the barrel and no special agreement is made as to the size of the barrel by the parties, the size shall be as follows: Length of barrel, twenty-eight and one- half inches, with chines of three quarters of an inch at the ends; the diameter of the heads shall be seventeen and one-quarter inches, and the diameter of the center of the barrel inside shall be twenty and one-half inches. All plank and sawed timbers and lumber shall, unless other- wise agreed by special contract, be sold by board measure. A barrel of flour shall consist of 196 pounds net; a sack of flour shall consist of 98 pounds net; a half sack of flour shall consist of 48 pounds net; a quarter sack of flour shall consist of 24 pounds net; no manufacturer or dealer in flour shall sell flour in barrels, sacks, half sacks, or quarter sacks containing a less amount of flour than the amounts above specified. Before any barrel, sack, half sack or quarter sack of flour shall be sold, the number of pounds therein contained shall be plainly labeled or stamped thereon. Any person who shall sell any package of flour which shall be stamped or labeled with a greater number of 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. Iraultahfnt weighing Any P er son or persons who keep any public or private scales of ore and weigh for themselves or others, mineral, lead, zinc, coal and other ores, who knowingly take more than ten hundred pounds for one thousand or more than twenty hundred pounds avoirdu- pois for one ton, or fail to correctly balance his or their scales before weighing, or shall fail or neglect to account for each frac- tional part of a thousand or ton, as the case may be, in weighing Sec. 11966 Timber Sec. 11967 Flour, weight of bar rel, sack 1 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 county. Every sale of grain, seed, hay or coal shall be made on the basis Scc It ^ w) of actual weight thereof, and any purchaser of grain, seed, hay or. saie'o? grain, etc., to < <. j , ' , r '. , J . be made by actual 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 hundred dollars for each and every offense. No agent or broker selling any grain, seed, hay or coal shall Xuthorit 7 y of agent and have authority, under claim of right to do so by reason of any e > t r c oker> selling grain > 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 con- tract 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 council may prescribe rules and provide methods by ordi- 3 ^h V 8 4 st art' 2*^' 7 9 !i nance for the inspection, weighing and measuring of any com- Sec g sects' * t. 11 j- i- Mills shall keep and proper toll dishes for such measures. measures There is hereby established the Bureau of Dairying, which shall Laws, 1909, P .n 3 be under the direction and control of the department of agricul- BWWM of dairying ture. The chief of such bureau shall be styled and known as the cre state dairy commissioner. 248 Laws Concerning Weights and Measures Itate 7 standard miik Pipettes shall, for milk, have a capacity of seventeen and six measures tenths cubic centimeters ; and the state standard test tube or bot- tles 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 bot- tles 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 deter- mined by the per cent, of butter fat contained in the same. Any manufacturer, merchant, dealer or agent in this state who shall offer for sale or sell 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. violations; penalty Jt s ^ a ^ ^e unlawful for any manager, owner, agent or any em- ployee of a cream or cheese or butter factory to manipulate or under-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. Who- ever shall be guilty of violating this section shall be punished by a fine of from $50.00 to $100.00, with costs of suit. MONTANA Sec. 2 Deputy State sealers Salary The Secretary of State is hereby declared to be and is the ex ^*- I9II> ch - 34 officio state sealer of weights and measures. The county clerks Jp e . cr i! a P r of , state ex *-* orncio ottitc scsiBr of each county are hereby declared to be deputy sealers of weights Deputy sealers, who 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 meas- How p flid ures shall receive no compensation, other than such as may be provided by law 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 meas- ures shall receive a salary of one hundred and fifty dollars ($150.00) per month and all necessary expense incurred 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 direc- tion 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 meas- ures shall be presented to and allowed by the state board of examiners in the same manner as provided for other claims con- tracted 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 v and duty of' or any deputies appointed as deputy county 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 under 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 measures of the state. He shall take charge of the standards of weights and measures and shall procure at the expense of the state any weights and measures that may be nec- essary and shall cause them to be kept and in no case removed from a fire proof vault in his office except for the purpose of 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 stand- ards of the several counties, cities and towns as often as he may deem necessary and at least as often as once in five years and where not otherwise provided by law he shall have general super- vision of the weights and measures or measuring and weighing devices of the state in use in the state. itate 4 sealer and in- Said state sealer of weights and measures or his inspectors shall spectors, duties of visit the various counties, 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 meas- ures 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 corpora- tion 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 check- ing 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 5 sealer and de P - The state sealer of weights and measures or the deputy county make Ynspertfons 8 may sea -l ers f weights and measures or inspectors of weights and meas- ures 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 counter- signed 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 municipal corporation shall pay to the state sealer of weights and measures for all such certificates so issued to him the sum equal to the actual cost of the number of certificates so received. From and after the first day of August, ion, it shall be unlaw- sec. e rir- c 1 . Unlawful to use un ml for any person or persons, firm or copartnership, corporation sealed apparatus or association of persons engaged in the trade of buying or selling, purchasing or disposing of or dealing in any merchandise or com- modities to any person or persons in the State of Montana without first having had the weights and measures, scales or measuring de- vices used by them for the purpose of determining the amount or quantity of any article or articles of merchandise, tested and a cer- tification attached thereto by the state sealer of weights and meas- ures 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 Mon- tana. 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 Pena y 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 mis- demeanor 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 ures to be tested> when 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'-' fteput^' dealer of weights and measures of the county or city must forthwith adjust and seal all weights and measures brought to him for that purpose. to mate in- After the first day of March of each year, the sealer of weights spections, when anc j measures, 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 which 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, sec. 9 The state sealer of weights and measures or his inspectors or any State sealer and in- / i 1 spectors, authority of deputy sealer of weights 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 em- ployed 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. The state sealer of weights 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; 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 merchandise taking place within the state. Whenever the state sealer of weights and measures or his inspectors or deputies have reason to believe that any person or persons, or corporation is vio- lating 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 Sec. 10 Irregular inspections Police power Prosecutions Sec. ii Records Montana thereupon prosecute the persons alleged to have violated the pro- visions 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 meas- ures 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 pre- ceding month. The state sealer of weights and measures shall R p rt * 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 by state sealer 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 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 ma"ked 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. 253 Sec. 12 Inspectors, removal of Penalty for Sec. 13 Weights how 254 Laws Concerning Weights and Measures Apothecaries* Apothecaries and all other persons dealing in drugs, medicine and weights merchandise commonly sold by apothecaries' weights or by apothe- caries' 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 weights, measures or balances can be readily adjusted by when use forbidden> such means as the sealer 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 conf orm with the standard. Any person or persons who remove said notice without the consent of the officer affixing the same shall, upon conviction, be fined in a sum not to exceed fifty dollars ($50.00). weights, measures, All weights, measures and balances which cannot be made to etc., condemned, when con f orm O the standard of weights and measures as herein pro- vided shall be stamped "Condemned" or "C. D." by the sealer of weights and measures. weights, measures, The state sealer of weights and measures or inspector of weights when may be seized *and measures or deputy sealer of weights and measures may seize without a warrant such weights, measures or balances as may be necessary to be used as evidence in case of violation of any act rela- tive to the sealing of weights and measures. They shall be re- turned to the owners or forfeited as the court may direct. itinerant p e d d i ers All itinerant peddlers and hawkers using scales, balances, weights a^arat^tested have an( ^ measures shall take the same to the office of the state sealer of weights and measures or inspector of weights and measures or deputy sealer of weights and measures, before any use is made thereof, and have the same sealed and adjusted annually; and any such persons failing to comply with the provisions of this section penalty for failure shall be fined not less t j lan five ($ 5-OO ) 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 consti- tute 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. Miikand cream, how All milk , cream , and skimmed milk shall be sold only by standard 801(1 wine measure, and by or in measures, cans, jars, bottles, or other jars bottles etc to vesse ^ s or rece ptacles 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 Penalty 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, Pu /chaser may re- , . 1 MI i 11- quest test by sealer or skimmed milk having reason to believe that any measure, can, jar, bottle, or other vessel or receptacle in which milk, cream or skimmed milk is sold and delivered to him is not of sufficient size or capacity to contain, by standard wine measure, the amount thereof purchased may apply to the sealer of weights and measures, which sealer shall test the capacity of the same and issue to such purchaser his certificate stating the capacity thereof; and if such capacity 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, | e c ^ and jars for 1912, sell or offer for sale within the state of Montana any milk or milkan . dcreamtohave 1 ..i ... , . . , , J capacity permanently cream in bottles or in 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 purports to be, or, if any such bottle or jar shall not have blown into it or otherwise indelibly and permanently indicated thereon in a legible and 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) Penalt y 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 the same or otherwise so indelibly and permanently indicated thereon, or which shall not have blown into or otherwise indelibly and permanently indicated thereon in a legible and conspicuous separate offense, manner the capacity as aforesaid, shall constitute a separate and what constitutes ., . . ~ , r 1 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 hundred dollars ($300.00) . false balance, etc. A person who uses, or has in possession for use in trade, any weight, measure, scale balance, steelyard, or weighing machine penalty for use or^hidi is false or incorrect shall be fined not more than one hundred possession of . . , , 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. weight or measure A weight or measure duly stamped by the state sealer of weights to be legal, when an( j 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. sec. 23 Whoever sells or offers for sale a less quantity than represented, Selling by less quan- /* J ,, r tity or sells in a manner contrary to law shall be guilty of fraud and Penalty tor 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) . Tolerances ^ e state sealer of weights and measures shall, after consultation with and with the advice of the National Bureau of Standards, establish tolerances for use in the state of Montana, and said tolerances shall be the legal tolerances in the state of Montana. sec. 25 A person who neglects or refuses to produce for the state sealer Neglecting or refus- *, -. j . r 1 j. j ing to produce weights of weights and measures or inspectors of weights and measures or and measures for seal- 1 1 r 1 , i n 1 i en obstructing and bin- deputy sealers of weights and measures, all weights, measures or dering 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 penalty for 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) . f^- s 26 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 pro- vided for in this act the following fees- For inspecting and sealing scales of a capacity of 40,000 pounds and upward, each $ 5 00 For inspecting and sealing scales of a capacity of 24,000 pounds up to 40,000 ' pounds, each 4. oo For inspecting and sealing scales of a capacity of 6,000 pounds up to 24,000 pounds, each ^. oo For inspecting and sealing scales of the capacity of 2,500 pounds up to 6,000 pounds, each 2. oo For inspecting and sealing scales of the capacity of 240 pounds up to 2,500 pounds, each L oo 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 I0 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 measuring any person or animal for hire or reward, each i. oo For inspecting and sealing liquid measures 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 Fe <, for whom re- 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 weights 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 measures 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 county sealer of weights and measures or any deputy sec. city sealer of weights and measures who fails, neglects or refuses to m 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, quali- fied and acting official of the respective county or city to act as deputy sealer of weights and measures. The state sealer of weights and measures is hereby authorized | e ui e | authority o to make and promulgate such rules and regulations for the gov- ^ sealer to promu ernment, guidance and direction of inspectors of weights and 8578 12 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. violation of act; pen- Any P er son or persons violating any of the provisions of this act where no other penalty is provided shall, upon conviction thereof, be fined in a sum not less 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, are deputy The state sealer of weights and measures, inspectors of weights sheriffs an( j measures 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. fees 3 coiiectedforvio- All fees collected for violation of the provisions of this act shall tetion of act; disposition be pa j d to the state treasurer for support and maintenance of the department of weights and measures. All justices of the peace and clerks of district courts who may collect any 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. le'pea 2 ! All acts and parts of acts in conflict herewith are hereby re- pealed. fn c e ffect This act shall be in full force and effect from and after its passage and approval. tions les and reKUla " 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, 1911. Rule i It shall be the duty of the Inspector of Weights and Measures to advise with and to have 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. inspector to perform The Inspector of Weights and Measures shall visit such counties Btate e sea e i powered on an( i 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 is to be of Weights and Measures, immediately after the ist day of May, made > when 1911, and the ist day of March, 1912, 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, ^pections to ** whenever requested by any person, and within a reasonable length made u p n re ' uest 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 arid 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 Moneys collected, to collected by them for the purposes designated in Section 26, of whom paid> when 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 weight^measure or cannot readily be adjusted by inspector or deputy sealer of be^eadH weights and measures shall be marked "Out of Order" and shall how marked 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 wVignt, measure, out and cannot be repaired or readily adjusted shall be marked "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 weights and measures to any county deputy or city deputy sealer shall be paid for by the county or city respectively to the state sealer of weights and measures the actual cost thereof. The weights and measures accepted and used by the govern- 9i p^ I907>voLl>ch ment of the United States at the present time, except as herein- after provided, are the lawful standard weights and measures of the State. 260 Laws Concerning Weights and Measures Sec. 2010 Yard Sec. 301 1 Subdivisions of yard Sec. 2012 Rod, mile Chain and link Sec. 2013 Acre Sec. 2014 Units of weight Sec. 2015 Division of pound Ton Sec. 2016 Liquid measures Sec. 2017 Barrel and hogshead Sec. 2018 Solid measure Sec. 2019 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 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 rectangle 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 a 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 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 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 out- side 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 Ton Wei e ht P er All commodities sold by heap measure must be duly heaped up Manner 1 of keeping 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 any- thing 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: Pounds. 5 60 60 5 14 60 45 56 44 5 5 60 Any person, persons, companies or corporations who shall vio- late the provisions of this Section by demanding, exacting, or tak- ing 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 im- prisonment 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 constitute the legal measurement for hay in stack in the State of Montana: Four hundred twenty-two (422) cubic feet shall con- ton * umber cublc feet to 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 hundred and twelve (512) cubic feet shall constitute a ton of alfalfa or rough slough grass, after the same shall have been in the stack thirty (30) days and up to one (i) year. Four Apples and pears Pounds. Onions. ... Barley 48 Parsnips Beans 60 Potatoes Beets CO Peas Bran 20 Rye. .. Buckwheat 12 Salt Carrots Seeds: Coal, mineral 76 Blue grass Com in the ear 7O Clover Corn, shelled C6 Timothy Corn meal CO Flax Hay per ton 2, OOO Hemp Lime unslacked 80 Hungarian grass Malt 3O Turnips . . . Oats. . . 1.2 Wheat. . Violatkm Penalty ^Measurement of nay 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 oi measuring thirty days, and up to one 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 meas- ured, and the distance from the ground against one side of the stack to the ground against the other side of the stack, directly over and opposite, shall be taken in linear feet and inches, and then the width shall be subtracted from the measurement over the stack, as above indicated, the result divided by two, and the result so obtained multiplied by the width, and the result thus obtained multiplied by the length, which will give the number of cubic feet contained in the stack, and the tonnage shall thereupon be determined by dividing the total number of cubic feet by the number of cubic feet allowed under the provisions of this Act for a ton. voiT Art 1 xinV^ 7 ' Copies of the original standards, to be made of such material as of c '3",4 K the State Sealer directs, must be deposited by him in the office of Standards for county .. r 1 r 1 r\ 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, to be ^ e State Sealer must cause to be impressed on each of the copies of such original standards the letter "C" to indicate the word correct, and such other device as he may direct for the par- ticular county; which device must be recorded in the State Sealer's office, and a copy thereof delivered to the respective county sealers, ai Code. 1907. p. ^very person who, in putting up in any bag, bale, box, barrel, or other package, any hops, cotton, wool, grain, hay, or other goods usually sold in bags, bales, boxes, barrels, or packages, by weight, puts in or conceals therein anything whatever, for the purpose of increasing the weight of such bag, bale, box, barrel, or package, with intent thereby to sell the goods therein, or to enable another Penalty to sell the same, for an increased weight, is punishable by fine of not less than twenty-five dollars for each offense. penai code, 1907. ch. Every person who knowingly marks or stamps false or short 9 iaise 8 markin weight or measure, or false tare, on any cask or package, or know- ingly sells or offers for sale, any cask or package so marked, is guilty of a misdemeanor. Ton, 8 pound ^ n a ^ sa -l es ^ coal, hay, and other commodities, usually sold by 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 avoir- dupois 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 s^lo- 19 "' ch- 138t containing two hundred thirty-one (231) cubic inches; the half 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 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 i j i 11 . A / f \ 1 ures to be exclusive of container, and each pound shall contain sixteen (16) ounces, each wrapper or container ounce containing four hundred and thirty-seven and one-half (437K) grains. Any person, persons, firm or corporation selling 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; Pro- vided, 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- f^g 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, 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 hun- dred 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 unlawful for any person, persons, association or , 4 ^ ws> I9II> **' ** p " corporation, to knowingly expose for sale or sell within the State fj ense to sell coal 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 lTp 2 ncation for act as agent for or to sell at retail, coal within the limits of the llcense ' howmade 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 secretary oi state to The Secretary of State shall thereupon issue a license for such issueifceSe 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. sec. 4 Every person, persons, association or corporation shall pay annually, upon the issuance of such license as hereinbefore pro- vided, the sum of one dollar ($1.00), to the Secretary of State as a license fee. sec. s Licenses shall be for one year unless revoked as subsequently License, duration of . . * provided herein. sec. 6 In all sales of coal the seller must give to the purchaser full 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 anv person, persons, 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 No person, association or corporation shall be permitted to mis- saieofcoai represent to the public respecting any coal offered for sale, nor to sell coal of any particular name or from any particular mine under the name or designation of another coal or mine. gee. 9 Any person offending against the provisions of this Act shall be Violation a misde- .,V* * . , j ^ c meanor guilty of a misdemeanor, 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 re- Repeal j * pealed. taeffect This Act shall be in full force and effect from and after its pas- sage. code, w?pt iv, The Board of County Commissioners of any county is hereby sESfcJ** 1 authorized, in its discretion, when petitioned by twenty-five or county commission- more residents and freeholders of the county, to establish and ers may establish pub- , , , . 1 .,., . lie scales locate public scales at any suitable location selected by the county commissioners within the county. cecity 3 oi scales Such scales shall be purchased by the county, and be not less . than five tons weighing capacity, and shall be provided with glass or open front which can be observed by the one weighing without Montana 265 dismounting from wagon, and shall be the property of the county, and at all times be under its control and subject to the will of the county commissioners. The Board of County Commissioners shall appoint at each place c - *? 01 . i 11- 1 ,11-111 1 1 1' The Board of County where public scales are established by them, a public weigher, who commissioners to ap- shall have the custody and care of such property, and who shall 501 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 l^tTof public of all weighing done by him, which record and the receipt issued wei her 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 county, 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 f^* 903 ^ re ta . each receipt issued by him, and shall be governed by such rules and tions es 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 | a i se 2 ^ 4 celpts 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 oxie, 1907, time shall be the legal standard for the measurement of water in^sec 2 '^ 4 ' 11 ' 1412 thic ctafp> Measurement of tdte. water cubic foot Where water rights expressed in miner's inches have been M m e granted, one hundred miner's inches shall be considered equiva- alent m * allons lent to a flow of two and one-half cubic feet (18.7 gallons) per second; two hundred miner's inches shall be considered equiva- lent 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 ^r 5 ' I9IIf cb ' I20> The state coal mine inspector is hereby made, equally with the e c- j . .county clerk, ex officio sealer of weights and measures, in so far Ex officio sealer of-' . ? , . . .. - . 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 measur- ing 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, ttondard test weights For the purpose 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 handling of the same, he shall be fully reimbursed upon making entry of the proper items in his expense voucher. p .^ s> I9I1> ch- I20> Any person or persons having or using any scale or scales for liust 6 not use false ^ ne purpose 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. NEBRASKA The standard of weights and linear measures shall be the same as that established by act of congress for the several states, except that the ton shall consist of two thousand pounds. 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 consist of the number of pounds respectively affixed to each, viz: 1 Cob bey's Com p. Stats., 1909, ch. 59, p. 2235 (1866, 1903) Sec. 12250 Standards Ton Sec. 12251 Bushel Sec. 12252 Gallon Sec. 12253 Pound Apples, dried Pounds. . . per bushel . . 24 Potatoes, sweet. Pounds. C.O Barley 48 Peas . . 60 Beans, castor ... . 46 Rye 6 Beans, white . . . 60 Seeds' Bran 20 Blue grass. ... 14 Buckwheat C2 Clover 60 Coal , stone 80 Flax. . efi Corn, ear 7O Hemp AA Corn, shelled 56 Hungarian grass CQ Corn meal co Millet CQ Hair for plastering. . 8 Osage orange 32 Hay.. per ton . . 2, ooo Sorghum CQ Honey, strained . . . . .per gallon. . 12 Timothy grass AC Lime, unslacked. . . . . per bushel . . 80 CO Malt, barley 30 Turnips . cc Oats 32 Wheat 60 Onions C7 Spelts 40 Onions sets 2? Alfalfa 60 Peaches, dried 7-2 Green apples . 48 Potatoes, Irish. . 60 (zS66 < e c . 12254, ushel Ton of hay Gallon of honey Any person who shall knowingly keep false weights or measures, sec. i^sf^ and shall buy and sell articles thereby, shall forfeit and pay, upon m easure3 Weights conviction, a fine of not less than five nor more than twenty-five Fine dollars, to be recovered before any court having competent juris- diction ; the fine shall be appropriated to the use of common schools in the same county; he shall also be liable to the injured party in double the amount of damages, with costs of suit. 1 For convenience in printing a slight change has been made in arrangement of articles. 267 and 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 (iQOl) 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 town- ships. 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 until removed by the "Township Board," or by resignation. The scales shall be first class and of standard make. The Town- ship 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 weigh- ing 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 com- missioners 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 commissioner system. That the standard size of brick sold in the State of Nebraska shall be eight and one-fourth (8>^) inches long, four (4) inches wide and two and one-half (2^2) inches thick. It shall be unlawful 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- 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 Comp> ' for the State of Nebraska, for which the usual facilities for trans- Sec ' 98 ( I g 907) acting its business and carrying 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 Sec Dairy Commissioner of said Commission and there is hereby devolved upon him the duty of executing all the provisions of this ^a 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 pr^^tll ? y ' the statement on the outside of the package of the net weight or c 5S5 e d weight measure of the contents: or measure Lard, and its substitutes, cottolene. Wheat products which include flour, crackers, bran, puffed wheat, cream of wheat, wheat flakes or any food made sub- stantially 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, 1912, 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. stats b i beys Comp ' That for the purpose of this act an article shall also be deemed ec I g (l( "' 7) to be misbranded: * * * In the case of food, or malt, spiritu- package foods, net ous or vinous liquors : * * * Third. If sold for use in Nebraska and in package form, other than canned corn; if every such pack- age, 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 unpre- pared, sugar, syrup and molasses, tea, coffee and dried fruit. package8 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 ^Faise labeling forbid- not correc tly stated thereon. Fifth. If the package containing it, or the label thereon, shall bear any statement, design or device ^Prizes, premiums or s h a \{ j-> e f a i se 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 follow- m S cases: First. In the case of mixtures or compounds which may be now or from time to time hereafter, known as articles of food, under 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 manufactured I or produced, the net weight or measure of contents, and in case of qu!red syrups the per cent of each ingredient composing said food. Provided that the net weight or measure shall not apply to mix- tures and compounds on hand prior to January i, 1912. * * * stets b i b <^ y s Comp ' Whoever shall expose for sale or sell within this state, any paint sec. 9 8^i p) which is labeled or marked in any manner so as to tend to deceive Misbranded paints, the purchaser as to its nature or composition, or which is not penalty for selling * i 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 cob^ey^comp. the provisions of this act shall have power by ordinance: nft. 1 ^ ch ' 37i ***" (Applicable to cities having less than 40,000 and more than |^|^ 6 25,000 inhabitants.) To regulate the weighing and measuring of hay, wood, and I e e c gu 8 ^i markets, other articles exposed for sale, and of all coal sold or delivered weights and measurea i Omaha. 272 Laws Concerning Weights and Measures within the city, and to provide for licensing and regulating the inspection and sale of meats, poultry, fish, milk, vegetables, and Bread 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. stat b i bey <* A^' I n addition to the powers herein granted cities governed under iv, p. 1487 ^ ' the provisions of this act shall have power by ordinance: sec. ssv 01 (Applicable to cities having a population of from 5,000 to Ordnance powers v "" 2 5,000-) __ sec. ( 8M6 19 s) To establish standard weights and measures and to regulate ^weights and meas- we ight s , meters and measures to be used in the city, and to regu- late the weighing and measuring of every commodity sold in the city, including water, gas and electric light in all cases not other- wise provided by law, and to prohibit and punish the use of imper- fect weights, measures, weighing apparatus and meters, aei and feed To provide for the inspection of electric light, water and gas meters, and the inspection and weighing of hay, grain and coal and the measuring of wood and fuel to be used in the city, and to determine the place or places of the same, and to 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 author- ized to perform such duties. ^Art! In addition to the powers hereinbefore granted cities and vil- V>P ' IS4 (wo) lages under the provisions of this chapter, each city and village Additional powers mav en act 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 i ,500 inhabitants.) Established weights To establish standard weights and measures and regulate the and measures weights and measures to be used in the city or village, and to regulate the weighing and measuring of every commodity sold in the city or village, in all cases not otherwise provided by law. inspection and weigh- To provide for the inspection and weighing of hay, grain, and ing of merchandise CQ^ the measuring of wood and fuel to be used in the city or village, and to determine the place or places of the same, and to regulate and prescribe the place or places of exposing for sale hay, coal, and wood; to fix the fees and duties of persons authorized to perform the duties named in this subdivision. cob bey's comp. Any person or persons who shall knowingly and wilfully sell, or Stat., 1909, p. 320 -, . ., . i J (1873, 1893) direct, or permit any person or persons m his or their employ to Fraud 2I ln weighing sell any commodity or article of merchandise, and make or give commodities i* i i j_ 1 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 cobbeT^comp. any railroad within the state of Nebraska, over which coal andf^- '^ ch - 47. P. other commodities in carload-lots shall be transported for hire, |^- c ^ leg 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 con- signee 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 | e ai,J ( 2 iII where Jn _ division stations along the line of such railroads within the state stalled of Nebraska, and at such other stations as the State Railway Com- mission shall from time to time direct. The owner, consignor or consignee of any carload lots of grain, f^ 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^m^whereno Wherever any carload lot of merchandise, coal, grain or other scales property shall be delivered for transportation for hire to any car- rier 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 imme- diately 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. vioiationofact Any railroad company operating in this state violating any of the provisions of this act, by neglecting or refusing to furnish weights as herein provided, shall upon conviction thereof be fined in the sum of one hundred dollars for each and every such violation, to be recovered by the state in an action in its name upon complaint of any owner, consignor or consignee of the prop- erty which such carrier may refuse to weigh, made before any court of competent jurisdiction. sess. Laws, 1911, ch. The Nebraska State Railway Commission shall have power, 9S w'e 3 i s ghTn 3 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 Track scales 1 r 1 111 -, * . *5 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. | ec s . The Commission shall have power either on its own motion or Same, inefficient , . ., , 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 condi- tion, and to render such decision and to make such order, rule or regulation as may be deemed necessary or advisable. vitiation of act; pen- Any officer, agent or representative of any Railway Company or a y 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 Commis- 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 sum of not less than $100 nor more than $500, or by imprisonment in the county 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 ol sSf^S^f^h. butter-making shall be tested for butter fat by the following pre- w ' scribed method: the Babcock test shall be employed, and samples sec. 9 8 3 8' J{ . ,. 1 11 i_ 1 j - 1 i i 11 Milk and cream; how 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 butter fat shall be read between the tempera- ture 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 st ^ b ^ y >s Com p- cubic foot per second of time, both for determining the flow of (**) 1 j r it, r J- j. -i- A' Sec. 681 1, as amended water in natural streams and for the purpose of distribution by sess. Laws, i 9 n. therefrom when appropriations have been made for direct flow. ct The standard of measurement of the volume of water shall be an me ^sireme 5 n't ndard * 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 amount stored and the amount used therefrom. What is known 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 37 Laws - I9II> ch - 43> p - the Government of the United States of America, and such weights, sec. i . , , P -i Government stand - measures, balances and measuring devices as heretofore have been, ards oi weights, meas- or hereafter may be, furnished this state by the United States, as ures> etc " adopted 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 ^^ tag yard and all other measures of extension, whether lineal, superficial or solid, 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 commodi- ties 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 ^^^ 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 se 4 , . , . , , , , . J . ' , Acre and square mile contain ten square chains, and be equivalent in area to a rectangle defined sixteen rods in length and ten rods in breadth. Six hundred and forty acres shall be contained in a square mile. The perch of mason work or stone shall consist of twenty-five f^ cubic feet. The units of standards of weights from which all other weights s*^ o| we . hl 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 ounces. The hundred- 277 278 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 unless 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 meas- ure adopted by the Government of the United States. The half- bushel, peck, half-peck, quarter-peck, quart and pint measures for measuring commodities other than liquids shall be derived from the bushel by dividing it and each successive measure by two. Whenever any of the following articles shall be contracted for, or sold, or delivered, and no special contract or agreement shall be certata 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: l Ton Ounce Sec. 8 Gallon Quart Pint Gill Sec. 9 Barrel Hogshead Sec. 10 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 Corn meal Pounds. Per bushel sack 48 Per half-bushel sack 24 Per quarter-bushel sack 12 And the following commodities per bushel : Wheat Pounds. 60 Bran Pounds. 20 Rye. .. 56 Beans 60 Indian corn on the ear 7O Clover seed . . 60 Kaffir corn S6 Hungarian and millet seed Rice corn 56 Potatoes 60 Corn, shelled S 6 Sweet potatoes Sorghum seed .... CO Turnips c6 Buckwheat .... CO Flaxseed r6 Barley 48 Onions C7 Malt . . 32 Salt 80 1 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 48 Pounds. Parsnips 50 Carrots 50 Beets 56 Tomatoes 56 Peaches 48 Shelled dried peas 60 Alfalfa seed 60 Oats 32 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 con- tainer of butter need have no statement of the net weight of its con- tents 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 measure 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 pur- chaser, 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 pur- chaser, 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 pur- chaser 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 280 Laws Concerning Weights and Measures AU packages to bear It shall be unlawful for any person to put up any commodity or correct statement of article of merchandise into a package or container and sell or offer weight, number, etc. .,..,._. ,? .,. .. , . . for sale in this State such commodity or article of merchandise in that form without having such package or container labeled in plain, intelligible English words and figures with a correct state- ment of the net weight, measure or numerical count of its contents ; Proviso provided, that nothing in this section shall prevent the putting up of commodities or articles of merchandise, which have been pre- viously sold by net weight, measure or numerical count, into pack- ages or containers for the purpose of delivering or transporting such commodities or articles of merchandise. laie I9 by true net ^ shall be unlawful for any person to sell or offer for sale in this we te ht State any commodity or article of merchandise, except by true net Mutual agreement, weight, measure or numerical count, except where the parties when 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. iaise 20 or short weight It shall be unlawful for any person, in buying or selling any com- or measure unlawful 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 deter- mining 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. penalties 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 county jail for not more than sixty days, or by both such fine and imprisonment, and any weight, measure, balance or measuring device which shall have been used by him in Treble damages to such violation shall be ordered confiscated and destroyed. He shall also be liable in damages to the party injured by his violation Proviso District Nevada 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 individ- ual packages is permissible; provided, that variation is as often above as below the weight, measure or quantity stated. It shall be the duty of the district attorney to prosecute all vio- lations of the provisions of this act occurring within his county. The director of the Nevada Agricultural Experiment Station is 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 under 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 meas- uring 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 281 attorney to i sealer o( gealer 282 Laws Concerning Weights and Measures inspect packages or containers of commodities or articles of mer- chandise, 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. lowers of sealer and The sea l er an d his duly authorized deputy shall have full power deputies to enter 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 meas- uring devices and such packages or containers. sec. 2 6 It shall be unlawful for any person to hinder, obstruct or in any seaie/or deputies 8 nic 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 merchan- dise, 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 hun- dred dollars, or by imprisonment in the county jail for not more than thirty days, or by both such fine and imprisonment. sec. 27 If the sealer or any one of his deputies shall seal any weight, Sealer must test be- * 1 i f r , j fore condemning measure, balance or measuring device before first testing and mak- ing the same conform to the authorized standard or if he shall condemn or take charge of any weight, measure, balance or meas- uring 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. sec. 28 If the sealer or any of his deputies neglects to keep the standards Neglect of duty by . ' . r , v. sealer or deputies, how un( ier his charge in good order or repair, or suners any or them through his neglect to be lost, damaged or destroyed, or fails to perform any of the duties imposed upon him by this Act, the one Nevada 283 Sec. 29 Sealer to keep record Sec. 30 Terms defined Sec. 31 Person defined so doing shall be deemed guilty of a misdemeanor and upon con- viction thereof, in a court of competent jurisdiction, shall be sub- ject 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 under this Act and shall make an annual report to the Governor on or before January first of each year, a copy of which shall be filed with the National Bureau of Stand- ards. He shall issue from time to time regulations for the guid- ance of his deputies and the said regulations shall govern the pro- cedure 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, bundle, 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 officer, agent or other person acting for or employed by any corporation, company, society or association within the scope of his employment or office, shall in every case be also deemed omission or failure of such corporation, company, society or association, as well as that of the person. The sum of four thousand dollars ($4,000) is hereby appropri- ated out of any money in the state treasury, not otherwise appro- priated, 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 Agricultural 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 : p^T*' I9 7 ' h ' I2S> 50. To provide for the inspection and sealing of weights and fe of city council measures. 51. To enforce the keeping and use of proper weights and meas- ure ^ eigbts and meas ' by Vendors. Enforcement Sec. 32 Appropriation In effect Sec. 34 Repeal NEW HAMPSHIRE The standard weights and measures of this state shall be those 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 sec. i 11 -j j i_ -L-L A 11 Standards gallon, provided or to be provided by the state treasurer. All Aiegaiion scale-beams, weights, and measures owned by the state shall be deposited and carefully kept in his office by the treasurer, and shall be used as standards and for no other purpose. The state treasurer shall carefully keep the standards of weights i" S g?^. and measures belonging to the state, and perform all duties in rela- I0 |, ec 9 tion thereto, and for the compensation prescribed by law. custod1an e o1 S stIn r dard^ e 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 to 3 ^ ws- him for that purpose. sec. , {l864) A sealer of weights and measures for each county shall be f^Tf 80 ' appointed by the governor, with advice of the council, who shall County sealer hold his office until another is appointed. He shall safely keep the Duties 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 sealer to try prove the standard scale-beams, weights, and measures of the^ s provecountystand - 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, one or more collectors of taxes, * * * sealers of weights and measures, measurers of wood and bark, surveyors of lumber, cullers |^j| r s g of we . htg of staves * * * and such other officers as it may iudee neces- and measures and f . 1 i 11 11 _* xt- other officers; appoint- sary for managing its affairs, who shall severally perform thementoi duties prescribed by law. The selectmen of each town shall provide the town sealer with a jiJ^ 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 285 286 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. (1864) 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 pur- chase 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 plat- form 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 addi- tional 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. sec n (l864) ^ n y sealer who shall refuse or neglect to perform any duty sealers neglect required by law shall forfeit for each neglect or refusal ten dollars. , g z Whoever, himself, or by his servant or agent, or as the servant sec. u ***" or agent of another person, firm or corporation, is guilty of giving Giving false weight r i rr . > . 1 f or measure; possessing false or insufficient weight or measure, or whoever, for the pur- poses of buying or selling, shall have in possession any scales, Sec. 6 Compensation (1864, 1875, IQOl) Sec. 7 Duties of sealers (1864) Sec. 8 Platform scales Sec. 9 Sealing (1864, 1875) Sec. 10 Fees Certification Records New Hampshire 287 steelyards, balances, or other weighing or measuring device so adjusted as to falsely weigh or measure, or which have not been measure ; penalty tor 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 pro- ceedings 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 satis- factory evidence of the violation of any of the provisions of this section, and such chief of police and county solicitor shall prose- cute 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, |ec. i 3 - J . , , ' 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 f^uf weigher's weigh the same, and certify the weight thereof accordingly ; dut v and for each neglect or refusal to do so he shall forfeit five dollars. All measures by which fruit and other things, excepting char- sec. *s M f J i- t. j i_iiu r 4.1. r ?i 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 charcoal 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 1^,191 i,ch.88,p. 9 a sealer has demanded permission to test the same and has been Refusing to aiiow r J i. 11 i- v 1-1 ix 4.i_ sealer to test apparatus; refused such permission shall be liable to a penalty not less than penalty for ten nor more than fifty dollars. All weights, measures, scales and balances that cannot be made condemned appara- to conform to the standard shall be marked or stamped Con- tus 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 pa?a^s, rn when 3 ; US mayadjusted by such means as he has at hand, he may adjust and seal condemn apparatus, them; ^ ^ they canjlot be rea dily adjusted, he shall affix to SUCh weights, scales, balances or measures 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 con- sent of the sealer affixing the same shall for each offense be fined not less than ten nor more than twenty-five dollars. iefeing apparatus -^- sealer or deputy 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 sealing of weights and measures; such weights, scales, measures and balances to be returned to the owner or for- feited as the court may direct. Testing apparatus be- Hvcry sealer who has reasonable cause to believe that a weight, iieved to be altered measure, scale 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. This ac t shall take effect on its passage. Loaves f s ft bread offered for sale shall weigh either half a sec! i.'amraded by pound, or one, one and a half, two, three, or four pounds each; and is 3*. P. aws, is 3*. P. SQ j. ki scu ft s shall weigh either four or eight ounces each. sec! 8 !? as b ame\ided If anyone shall sell or offer for sale any loaves of soft bread or any F Penaity 901 so ^ biscuits that shall weigh less than the requirements of the pre- ceding section, he shall be fined ten dollars for each offense. MJ^'i 3 ! ^ amended In proceedings brought under section 12 of the Public Statutes weight 9 *? grain per for f alse 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 corn, 50; cranberries, 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 pota- toes, 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 sold be measured by level measure. Baskets or other receptacles holding one quart or less, which are used in the sale of straw- berries, blackberries, cherries, currants, blueberries, huckleberries, raspberries or gooseberries shall be of the capacity of one quart, one pint, or one-half pint, United States standard dry measure. Whoever sells or offers for sale, or has in possession with intent to sell, any of the aforesaid fruit in any basket or other recep- tacle 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 provided by chapter 125, Public Statutes, but any sealer or health officer may test the capacity of any basket or other recep- tacle 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, or if the quantity of such fruit is otherwise less than as herein provided, he shall seize the same and make complaint against 8e Etd k w the vendor. Milk shall be bought and sold by wine measure, the standard for t which shall be two hundred and thirty-one cubic inches to the 41 gallon, and for subdivisions of the gallon in the same proportion. Measure of miik All measures or vessels used in the sale of milk shall be tried and sec. i 3 ., , , , 1 . Measures for milk to proved by the standard of wine measure, and the quantity they be tried and proved by hold agreeably to such standard shall be marked thereon. Anye nda 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- Sec <* 86 > l8 ?^ chasing milk at wholesale, shall be sealed annually by the sealer of Miik 4 can3 to be . , , j . ' 1 .. . l sealed and marked an - weights and measures in the city or town where the purchaser nuaiiy 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. When milk is purchased by the can, such can shall hold eight - -11 i - quarts of milk and no more. capaci 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, i^^^'^^ 5 ' 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. M z ' width, and four in height shall constitute a cord. mws r ured wood ' It shall be the duty of measurers of wood and bark to measure Sec i ( - 188 ^ any wood or bark whenever requested, and to give a certificate ^Measurers of wood thereof; and they shall be paid for the service, by the party re- M 8578 12 - 1 9 290 Laws Concerninq Weights and Measures Duties and fees questing the same, forty cents for each hour or fractional part of an hour necessarily spect by them, when the quantity to be measured exceeds twenty coras, and four cents a cord when it is twenty cords or less. teasing or neglect- ^ an Y measurer, upon tender of his fees, shall unreasonably neg- ing, penalty i ec t or refuse to measure or certify any wood or bark brought to him for that purpose, or shall give any false certificate, he shall for each offense forfeit five dollars. u!in^zf^<*?M& Surveyors of lumber shall survey all plank, boards, spars, slit 4 t work, shingles, clapboards, and timber previous to the sale thereof, utfcs of surveyors of an( i 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 pay- ment therefor. thickness The standard of thickness of merchantable plank shall be two J P lank inches, and when any plank of a different thickness shall be pur- chased, it shall be admeasured and calculated by that standard. Hap 4 timber, how All round ship timber shall be measured according to the fol- measured lowing rule: 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 consti- tute one ton. Timber by thousand, All r und timber, the quantity of which is estimated by the how measured ' thousand, shall be measured according to the following rule: A stick of timber sixteen inches in diameter and twelve inches in length shall constitute one cubic foot, and the same ratio shall apply to any other size and quantity. Each cubic foot shall constitute ten feet of a thousand. Laws b 'i^i tt 'ch 1< laf e p' All shingles offered for sale in this state shall be straight, four 4!^' inches wide, free from shakes and worm holes; shall be split or shingles, sizes>i sawed in a longitudinal direction crosswise the grain, and shall be designated and known according to their quality as "No. i," "No. 2," "No. 3," or "refuse." "Shaved shingles No. i " shall be eighteen inches long, seven- sixteenths of an inch thick at the butt end, shall be free from knots and sap, and shall be breasted. "No. 2" shall be at least seventeen inches long, three-eighths of an inch 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 * * * AxtaLsurement; - No shingles shall pass inspection unless 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 Barrel staves White oak staves Red oak staves thousand in each square bunch. Each bunch or bundle 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. w inches wide, and one inch and a quarter thick on the heart or thin- 8i ^o e f s> hoops ' etc '' 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 thirty- two 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 shocks shall be forty inches long, and not less than two and a half inches wide at the ends, and full half an inch thick when dressed. All white oak hogshead heading shall be one inch thick, thirty inches long, and not more than five pieces to one head. All hogshead hoops shall be made of white oak, brown ash, or walnut, of good and sufficient substance, well shaved, and either ten, twelve, or fourteen feet in length; the oak and ash hoops shall not be less than one inch broad, and the walnut hoops not less than three-quarters of an inch broad 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 hundred. All contracts for the sale and purchase of raw or unmanufac- tured cotton, made within this state, shall be taken and deemed to be contracts for sale and purchase at actual weights, exclusive contracts for P ur- of the weight of bagging, rope, iron ties, or straps, or any other ton a , S how n cons a tmed cot " material in which the cotton may be packed. Splitting Shocks Headings Hoops Counted by decimal hundred contracts 292 Laws Concerning Weights and Measures g^ Ig Where there is no special agreement as to the amount of tare to Marking of bales k e allowed on each bale, every bale of raw or unmanufactured cotton sold or offered for sale within this state shall have legibly marked upon it, or upon some tag securely fixed thereto, the gross weight of such bale, and the aggregate weight of the bagging, rope, and ties, or other materials in which the cotton is packed, together with the name of the weigher. Tare! 9 how ascer- For the purpose of ascertaining the weight of the packing ma- tained 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. ^Laws, 1901, ch. 33, P. ^ n y town or city may appoint one or more public weighers of lubHc weighers-, a P - coa l or other merchandise. Such weighers shall be appointed in rfoffice ent and tenure 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 All coal and hay sold by weight in any city or town adopting nay at expense of seller ^ p rov isions of this 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 mer- chandise 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. interested person not No person shall act as a public weigher of coal or other mer- to act as weigher chandise 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. laies to towns Every person selling to any city or town by weight any mer- chandise the weight whereof is more than one hundred pounds, shall furnish therewith the certificate of the public weigher of said city or town at his own expense. certificate to be fur- Any person, not a city or town, purchasing by weight any mer- demand ot chandise 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 o{ cities and ]ic scales Ado P u p - the provisions of chapter thirty-three, laws of the State of New |^ ama reiec Hampshire passed January Session 1901 may be exempted f rom tain ^vision7of e pub e ifc the provisions of section three of said chapter, by lawful vote of weighei the town, or by vote of the city councils. A dealer in ice who on request of the purchaser of ice, refuses 1 I9 7> ch 20 - p - or neglects to weigh the same when delivered or gives false weight sec-/ ^ , 1t 1 re 1 i 1 r> Ice to be weighed on shall tor 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 47 Laws> I9 7> ch- 48> p ' bemisbranded: * * * 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, offer, or expose for sale or for distribution in this state any concen-^y sess.'Laws, trated commercial feeding-stuff used for feeding farm live-stock, -851 ' i_ n r 1 , 1 1 , . I Feeding stuff to bear 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 3S f e p s f' s ^Ts ' 294 Laws Concerning Weights and Measures When sold at retail Sec. 2 Definition place on the outside thereof, a plainly printed statement clearly and truly certifying the number of net pounds in the package sold or offered for sale, the name or trademark under which the article is sold, the name of the manufacturer or shipper, the place of manufacturer [manufacture], the place of business, * * *. 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 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, corn and oat chops, wheat, rye, 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 corn, buckwheat and broom corn NEW JERSEY The words "weight and measure" or "weights and measures " a< ^ e f^ t I f ws> I9II> ch - as used in this act shall be deemed to mean and to include any fc >:' . , , , -vi i i Weights and meas- 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 accessories connected therewith used in weighing or measuring any commodity, fluid, or article of merchandise. The word "superintendent" as used in this act shall be deemed to mean in all instances superintendents of weights and measures. The word "assistant" shall be deemed to mean assistant super- intendent 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 corn 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 hun- dred and forty (2,240) pounds. The standard net ton shall consist of two thousand (2,000) pounds. The standard measure for a barrel of cranberries shall be one hundred quarts. Barrels to be used for buying or selling cran- berries 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 (28^2) inches long; 295 Sec. 4 Standard ton Sec. 5 Cranberry barrel 296 Laws Concerning Weights and Measures use of H uid mess- res coai s and grain sold by weight Delivery tickets proviso as orSnteation t a en d dents unty bilge, fifty-eight and five-eighths (58^) inches outside circumfer- ence. Such barrels shall be branded or stenciled in a durable manner "standard." bushel The standard measure for a bushel of cranberries shall be thirty - two (32) quarts, rounded measure; that crates (or boxes) to be used for buying or selling cranberries in this State or for transport- ing 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 (7^2) inches in width inside clear measure. id mess- ^ o P erson shall use a liquid measure in the purchase or sale of other than liquid commodities. All grain, coal, coke or charcoal, regardless of quantity, shall be sold by weight. No person, firm or corporation shall deliver or cause to be delivered any grain or coal in amounts exceeding one hundred pounds without each sale or delivery being accompanied by a delivery ticket and duplicate thereof: Provided, That there shall be a delivery ticket and duplicate thereof delivered with each j oa( j o f g ra j n or CO al so ld and delivered. On both tickets there shall be distinctly and indelibly expressed, in ink or otherwise, the quantity or quantities in pounds of grain or coal, coke or charcoal contained in the cart, wagon or other vehicle used in such delivery, the name of the purchaser thereof, and the name of the dealer from whom purchased. One of such tickets shall be delivered to the person receiving such coal, and the other ticket shall be retained by the seller of the grain or coal : Provided, however, That the pro- visions of this section shall not apply to grain, coal, coke or char- coal 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 p roo f O f weight: Provided further , Grain, coal, coke, or charcoal in quantities less than one hundred pounds may be sold by the standard dry measure. The department of weights and measures shall consist of a State superintendent, of assistant State superintendents, of county superintendents and assistant county superintendents and of a municipal superintendent and assistant municipal superintendents of weights and measures, as hereinafter provided. Each person appointed as hereinafter provided as either superintendent or assistant superintendent shall, before entering upon his duties, take an oath of office, as provided by law. state The Governor, by and with the advice and consent of the Senate, 8uperln 'shall appoint a State superintendent for a term of five years. The governing bodies of the respective counties shall designate the *"****' county superintendent. In addition, the governing body of any municipality may, by ordinance, provide for the office of municipal and New Jersey 29; 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 municipal superintendent of weights and measures : Provided, That in any municipality where by ordinance there already exists depart- ments of weights and measures as provided by law, such depart- ment 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 until 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 regu- lations 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 municipal 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 superin- tendents may, upon resolution of the respective governing bodies of said counties or municipalities, appoint assistant county or municipal superintendents. -The number of such superintendents and assistant superintendents for such county or for such munici- pality 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 tem- porarily appoint honorary or special superintendents with all the te ^ e ^ ary su P erin - powers of the regular county or municipal superintendents. Such honorary or special superintendents shall serve without compen- sation. 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 tech- nical condition of said standards. All officers except the superin- Sec. ii Assistants 298 Laws Concerning Weights and Measures civil service to apply tendent shall be subject to the regulations of the State Civil Service Commission in municipalities which have adopted civil service. The salary of the State superintendent shall be twenty-five hun- dred dollars ($2,500.00) per annum; the salary of the assistant superintendent shall be twelve hundred 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 annum; the salary of the county and municipal superintendents shall be fixed by the governing body of such county or such municipality, but shall not exceed fifteen hun- dred dollars ($1,500.00) per annum. irtbority of superin- ^ ne State superintendent and all assistant State superintendents, endents county and municipal superintendents and their assistants, shall have full power and authority to weigh or have weighed grain, coal, or other commodities while in transit from the dealer therein to the purchaser thereof, either at the request of the buyer or on the initiative of the superintendent or his assistant, either State, county, or municipal, and it shall be the duty of the State super- intendent to send his assistant into any county of the State where county superintendent had not been appointed, and said superin- tendent 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 oi superin- It shall be the duty of each county and municipal superintend- mea!ures fweightsanden t * ^- a ^ e cnar g e of all copies of the standards adopted by this a nT e c S e S rtScation pil o g f ac ^ as ^ e s ^ an( lards 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 precau- tions 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 con- trol 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 county superintendents of weights and j^i^uction of county measures and their assistants shall extend throughout the county mcers 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 municipali- ties. But nothing in this act shall prevent any county or munici- pal 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- f? s tg 17 ested party made to the superintendent of the State or the super- intendent of any municipality or county thereof, such superin- tendent shall cause test to be made of any weights or measures; and if such weight or measure be found correct, or be made correct, Seal 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 ojJ^HJjd and used in trade within this State shall be tested and sealed at least we 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 provided for, and has been found correct, the superintendent or torsales assistant making the test shall properly seal the same. If such weight or measure shall not be found correct or it shall not be pos- sible 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 inspec- tions, 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 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. luppiy information It shall also be the duty of the State superintendent to dissemi- nate such information to the citizens of this State as will tend to protect them from the use of false weights and measures. Records Every superintendent shall keep a complete record of all stand- ards examined by him, and every municipal and county superin- tendent shall annually, within ten days after the first day of Janu- ary, make a sworn report of his work to the State superintendent, which report shall contain a transcript of the report of all inspec- tions, and the State superintendent shall, before the fifteenth of February, make a report to the Legislature which shall contain, besides any recommendations or suggestions deemed necessary or desirable, an abstract or digest of the reports of the municipal and county superintendents. Annual tests in state The 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 institu- tion 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 belong^ ing to the State, and shall take an itemized receipt from his succes- sor in office of all such standards, balances and other apparatus. sc- * , It shall be the duty of the State superintendent to procure a set National st a n dards - ,-r- j i ,1 -XT - i -r. r oj. procured of standards properly certified by the National Bureau of Stand- ards, which shall be paid for out of the funds of the State. ^ sna ^ ^ e tne duty of the superintendent of each county or municipality 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. standards 8 ive usc ol ^ n no case sna ^ sa ^ 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 superin- tendents shall be provided with suitable standards or copies thereof for use in the performance of their duties. official seal The 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- jj e shall also provide 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 f f ec te st s show devia . made as hereinbefore provided upon the request of the owner tion thereof, if any weights and measures so inspected shall be found not to conform to the legal standard, the superintendent or assistant superintendent shall notify such owner in writing that the use of such weight or measure is illegal. Within fifteen days after the serving of such notice the owner thereof shall have such weight or measure corrected or substituted for another, and notify in writing the superintendent of such county or municipal- ity 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, correction of error except where the inspection is made upon the request of the slight owner thereof as provided for in the preceding section, if such weight or measure shall be found to deviate from the legal stand- ard, and the deviation shall be of such nature as not to be easily known or ascertained by the owner thereof, it shall be lawful for the owner to correct such weight or measure, so that it may 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 te cted? penalty sily de ~ 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 superintend- ent to immediately take possession of and destroy such weight or measure, and the owner thereof shall be liable to a penalty of five dollars in addition to any other penalties and punishments herein provided. If any weights or measures theretofore sealed and certified as incorrectness after correct shall be found thereafter to be incorrect, the owner thereof sealing shall be liable to a penalty of ten dollars. After one year from the passage of this act it shall be unlawful | e { c i| s r a year a: , for any person to buy or sell goods by the use of any weight or ^s^a^ measures measure which has not been tested and sealed according to the provisions of this act, under penalty of twenty-five dollars ; Pro- Provis 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 fj^,t y 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 Retention oi false A 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. taproper marking A person who knowingly marks or stamps false or short weights, or false tare on any cask or package, or knowingly sells or offers for sale any cask or package so marked, is guilty of a misdemeanor. Deviation allowable The State superintendents of weights and measures shall fix tolerances or allowable deviations from the standards as herein prescribed, and he may change the same from time to time, but in no case shall such allowable deviation be less than one-half of one per centum. No penalty shall be imposed for such an allow- able 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. 3 o The use, ownership or possession of each separate weight or Each piece a separate . . , . * f , , . . r , 1 t ti i violation measure in violation of any of the provisions of this act shall be deemed as separate violations thereof. Nothing herein shall be construed to create a penalty for any deviation in weights or measures from the standard as herein set forth when such devia- tion shall be to the disadvantage of the owner thereof, see. 31 Any deviations from the official standards herein prescribed, Scale ol penalties . , J . . , either in weights or measures or in packages, crates, barrels or other receptacles in which any commodity is sold or offered for sale, which shall exceed the allowable error as set forth in section twenty-nine hereof by more than three times the amount of such allowable error, shall be punished by a penalty double that other- wise prescribed, and should such deviation exceed such allowable error by more than five times such allowable error, the penalty sectfofiense bled forsna ^ be three times that otherwise provided. The penalty or punishment for an offense or penalty incurred under any of the provisions of this act shall be double that otherwise prescribed herein, upon its being shown that such person has heretofore been fined, punished or convicted under the same or any other section of this act, providing the act, or omission upon which such second penalty or offense is based shall have occurred after the conviction or recovery for such first offense, presence of scales F r the purposes of this act, proof of the existence of weights presumption of use or measures in or about any building, inclosure, stand or vehicle in or from which it is shown buying or selling is commonly carried on, shall be presumptive proof of their regular use for such pur- poses and of their ownership by the person so using or possessing them, and such facts shall be deemed to remain established until disproved beyond reasonable doubt. New Jersey 303 Each weight or measure used by any superintendent or assistant 1^'to 3 authenticity of superintendent as a standard for testing the weights and measures standards used in buying or selling shall be stamped or marked by the super- intendent of such county or municipality in such manner as he may determine. A certificate which certifies to the correctness of such weight or measure, designating the same by number, and giv- ing the date of its comparison with any of the standard weights and measures deposited with any State, county or municipal super- intendent 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 municipality, and any certificate substantially setting forth the above facts and purporting to be so signed by such a superintendent shall upon its production be admitted as such pre- sumptive evidence, without further proof of its authenticity. No person shall in any way or manner hinder or molest any sec. 34 . . J J . . , , J 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 f^^ for refusing of said superintendents or assistant superintendents for the to eihibit 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- ^13*^^ altering 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, under 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 ir e e V 7 scaies to be to any person within this State for the purpose of use in the pur- 8tandard 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- fa ^t for selling 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 Artion 8 it seals easily Whenever any superintendent shall find that a particular arranged to defraud weight or measure is so constructed as to facilitate the perpetra- tion of fraud, he may decline to seal the same, and in such case shall report his act to the State superintendent, who shall there- upon make an investigation, and if satisfied that its use is preju- dicial 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. ! e o 3 very of penalties An action to recover 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 municipality wherein such violation shall take place, to assist in the prosecution of the same, unless such municipality has no municipal superin- tendent of weights and measures as provided for in section ten hereof, in which case the public prosecutor of the county wherein such violation shall take place, shall assist in such prosecution. ^Disposition of penai- ^11 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, unless such penalty was incurred within a municipality or municipalities hav- ing 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. ^^ s ac ^- sna ^ be deemed a public act, and shall be liberally con- strued. Should any section or provision thereof be held uncon- stitutional or invalid, it shall not be held to affect any other section or provision hereof. | e e c pe 4 a r j 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 Effective hereinbefore provided, shall take effect on May first, one thousand nine hundred and eleven. sess. Laws, 1908. ch. ^ Q ma y Ors o f c {fa anc [ boroughs and the governing bodies of pSbBe scales 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 desig- nated shall provide, at their own expense, test weights, and the said scales shall be subject at all times to the inspection and New Jersey 305 supervision of the official sealer or inspector of weights and meas- ures, 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 municipality 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 prop- erly register the weight of coal, and that the person weighing coal certificate 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 pur- chaser and seller of the coal. Every purchaser of coal before accepting delivery of the same, pSa^, may re- may require any load of said coal to be weighed at his expense i uire load wei he < 1 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 municipality, if such there be. Upon Procedure 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 of weight 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 20 306 Laws Concerning Weights and Measures to weighed 1 refusfa8 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 pro- vided, or if any driver or other person in charge of a vehicle con- taining 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 pur- chaser 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'Senawes recov- The penalties provided by this act shall be recoverable in an ered action upon contract at the suit and for the benefit of the munici- pality 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 for falsely K an y person or persons, corporation or corporations owning or weighing live stock, hay keeping or having charge of any scales or steelyards for the pur- pose of weighing live stock, hay or grain shall knowingly and wil- fully report any false or untrue weight whereby any other person or persons, corporation or corporations may be defrauded, de- ceived or injured, such person or persons, upon conviction thereof, shall be fined in any sum not exceeding fifty dollars, or be im- prisoned in the county 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. iSo'rd kept at pub. Whenever the person or persons, corporation or corporations HC 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. stVndard peach The standard size of peach baskets shall be sixteen (16) 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 (13%) inches; that the inside meas- urement shall contain one thousand and seventy-five and ten one- hundredths (1075 lo/ioo) 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, d iStac e u y ma?ked askets 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 lenany for using manufacture, sell or offer or expose for sale, or have in his, Damped not 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, with costs, in any of the courts of this State having cognizance thereof, in any action to be prosecuted by any prose- cutor 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, or p ^ s> I9 7> ch - IS > receive for the purpose of sale, any milk, skimmed milk or cream, fta ndard measure except such sale, offer or receipt for sale, shall as to quantity be torsaleofmllk 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 com- plete 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 sec. 3 ii f "it i i 1 11 ^p Maybe sold by 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 p e e c n a 4 Uy 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 summons 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. * * * 308 Laws Concerning Weights and Measures ^Laws, 1900, ch 29, p. Uvery lot or parcel of concentrated commercial feeding stuff, weight to be marked as defined in section two of this act, used for feeding domestic on packages of faeding animals, sold, offered or exposed for sale within this stati, shall have affixed thereto, in a conspicuous place on the outside thereof, a legible and plainly printed statement, clearly and truly certify- ing the number of net pounds 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. * * * Penalty 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 hundred dollars for the first offense, and not exceeding two hundred dollars for each subsequent offense. ^Laws, i8 9 6, ch. i 7 8, p. That hereafter all bread sold in this state shall be sold by weight, sec. i and the weight of all loaves of bread offered for sale shall be speci- Bread 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 sub- stances or any material injurious to health. Any person offending against the provisions of this act by refus- ing 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 impure or foreign substance or material injurious to health, shall, upon conviction therefor, be punished by a fine not exceeding the sum of twenty-five dollars for each offense, in the discretion of the court. Any offenses under 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. ,ch. 21 7,p. * * * F or the purposes of this act an article shall also be sec. 4 deemed to be misbranded * * * Misbranded foods 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 out- side of the package. NEW MEXICO Buying and selling ap- The weights and measures, as adopted by the United States comp. Laws, 1897, 1 , , f 1 f -i vo '- J . title 42, ch. i, p. government, and at present m use for the purposes of said gov-io 3 6 ernment, be and the same are hereby adopted and established as Sec 4I ( // J2) the legal weights and measures of the Territory of New Mexico, standards adopted All persons purchasing or selling with or by any other weights sec. 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 county, shall apply to the probate judge sec 4187 ... - .,, . , 1 - ,. . , 7 ' J - ri ^ ', , K ,. J r ,1 Application for thereof, within the term of thirty days from the publication of the provai notice for such purpose, to cause a comparison of their weights and measures, and for the judge of probate to give them his ap- proval in the comparison, and in addition to the general seal, he shall place thereon the peculiar 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 pro- bate for those which they prepare in their respective counties, 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 Sec hereby required to procure as soon as possible from the proper secretanr to procure 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 l^un^stanaards provided and deposited in the manner required in the foregoing section, each probate judge, in order to provide for their respec- tive counties, on receiving information that the said standard has been received and deposited as aforesaid, shall apply in person, or Sec. 418 Fees Sec. 4189 Alteration 310 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 measures 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. Expense 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 amount 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 account shall not exceed the sum of fifty dollars. Expense of compari- The judges of probate of this territory shall obtain a compari- son to be paid by county son with ^ stan dard that has been deposited in the office of secretary of the territory, at the expense of their respective counties. Yard 4I s 9 ubstituted for The vara measure is hereby suppressed, substituting in lieu vara thereof as the legal measure in this territory, the yard, this being the measure generally approved in the United States. Enforcement; 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 im- posed by law for such violation. Penalty 6 Any probate 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 hundred dollars. comp Laws i8 97 . Any person or persons who shall, with malice and to the iniury Vol. I, title 8, ch. 5, p. - , '*. 399-400 01 the people or to any individual, alter or reduce the legal weights sec-^g'i * and measures, regulated according to the standard established in and s me g asuret weights this territory, sections four thousand one hundred and eight-five to four thousand one hundred and ninety-six, use any false meas- ures, -on conviction thereof before the court of a justice of the peace, or upon indictment before the district court, 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 6 ** m> I90I> ch 34> p stack, and specifying the cubical contents of a ton of loose hay, f^, 1 establlsll d te is hereby established. measuring hay Measure the stack for length, width, and the "over," to get Se c 2 . , . , Measuring a stack o! the over, throw a tape line over the stack at an average place, nay from ground to ground, drawing it tightly. Multiply the width by the over and divide this result by four. Multiply result of division by the length, for approximate cubical contents of stack. To reduce to tons, for hay that has stood in stack less than 20 t T 1 ? n . n f ge j )f *** ' J stacked twenty days days, divide cubical contents by 512, for more than 20 and l ess *" jf ^ 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^J^J^* *' ch - 98> Territory of New Mexico, now existing or which may hereafter be i e r e a j tag offlce m _ created, the office of Inspector of Weights and Measures. 8 P ector f weights and measures The Board of county commissioners in each of the several B^ rd O f county com- counties of the Territory of New Mexico are hereby authorized mlssionerstoapl)omt 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 Mon- Term day in January, 1909, or until his successor is duly appointed and qualified, unless sooner removed for cause by said Board. The Secretary of the Territory is hereby authorized and directed secretary of Tem- * J i_ xi_ -vr A -n oj. j j tory to secure standards to 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 Appropriation 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 sup- ported by certified voucher of the Secretary of the Territory. The Board of County Commissioners of each county in this ' ion " Territory is hereby authorized and directed to purchase as soon 312 Duties of inspector Sec. 4 Dealer must weight ticket Laws Concerning Weights and Measures 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 pre- scribed 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. After taking the oath of office and furnishing bond as herein required, it shall be the duty of said inspector at inter- vals 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 find- ings under oath to the board of county commissioners at the session next succeeding any tour of inspection. s 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 deliv- ery, 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 deliv- ered 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 ^ , 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 (5oc) 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 what- |f e c ^ wies {or viola . soever, by any false weight or measure, not corresponding with ons of this act the weights and measures adopted by the United States govern- ment and in use by such government, shall be guilty of a misde- meanor, 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 con- viction. The office of Inspector of Weights and Measures may be created l 6 ^ and tow ns may by any incorporated city, town or village, under this act, by ordi- ha p e u jf e s s p to ct be axed 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. Whenever such office is so created by any munici- pality, the duties of the Inspector of Weights and Measures appointed by the board of county commissioners shall be con- fined to the parts of the county outside of the city, town or village creating such office by such ordinance. sec. All acts and parts of acts in conflict herewith are hereby Repeal repealed, and this act shall take effect and be in force from and after the date of its passage. (isso) That the owner or agent of each coal mine within this territory, ^comp. Laws, 1897, P. a w hich the miners are paid by weight, shall provide at or near o e wne 3 rs%t coai mines suc h mme suitable scales of standard make for the weighing of all to provide scales COal mined. weig'hmaster to be The owner r agent of such mine shall require the person author- swom as to duties j ze d 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 conspicu- ously 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. 2352 In all coal mines in this territory the miners employed and Miners may have ... ., . - ... * , .,, .5" competent check weigh- working therein may furnish a competent check- weighman, who shall at all proper times have full right of access and examination of such scales, machinery or apparatus, and seeing all measures and weights of coal mined and accounts kept of the same: Pro- vided, That no more than one person on behalf of the miners col- lectively shall have such right of access, examination and inspec- tion 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 sub- scribe 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. ustag S3 of fraudulent -^P P erson > company or firm having or using any scale or scales for scales or conniving atthe purpose of weighing the output of coal at mines so arranged or false weights a misde- r , j , ., , ,. , , . V, . ., - ., meaner 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 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- Penalty tion for each such offense be punished by a fine of not less than two hundred 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, pro- ceedings to be instituted in any court of competent jurisdiction. Any person, owner or agent operating a coal mine in this terri- fSiureto comply with tory who shall fail to comply with the provisions of this act, O r provisions of ^ act 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 hun- dred dollars ($500), and for the third offense not less than five hundred dollars ($500) : Provided, That the provisions of this act shall apply only tp coal mines whose products are shipped by rail and shall not apply to mines where suitable scales of standard make furnished by any railroad or transportation company or through which the coal is shipped are used for 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." c?n . The standard weights and measures that were furnished to thismes state by the government of the United States, in accordance with a joint resolution of congress, approved Tune fourteenth, eighteen sec. 2, art. 2 , as J ,. * . f 11 j amended by chs. 187 hundred and thirty-six, and consisting of one standard yard meas- and 47 o, Laws, 1919 ure and one set of standard weights, comprising one Troy pound, and melswes fwei8hts and nine avoirdupois weights of one, two, three/ four, five, ten, twenty, twenty-five and fifty pounds respectively; one set of standard Troy ounce weights, divided decimally from ten ounces to the one ten-thousandth of an ounce; one set of standard liquid capacity measures, consisting of one wine gallon of two hundred and thirty-one cubic inches, one-half gallon, one quart, one pint and one-half pint measure; and one standard half hushel, con- taining 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 depart- ment of weights and measures and verified by the national bureau of standards shall be the standard of weights and measures throughout this state. The units or standard measures of length and surface, from^^. as amended by which all other measures of extension, whether lineal, superficial n* 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 meas- uring land is twenty-two yards long and is divided into one hun- dred equal parts called links. The acre for land measure, shall be measured horizontally and contain ten square chains, equivalent in area to a rectangle sixteen rods in length and ten in breadth; six hundred and forty acres being contained in a square mile. 317 318 Laws Concerning Weights and Measures Sec. 5 Units i capacity sec. 4, as amended by The un jts or standards of weight from which all other weights units oVweigw shall be derived and ascertained, shall be the standard weights designated in this article. The hundred- weight consists of one hundred avoirdupois pounds and twenty hundred weight are a ton. In all transactions relating to the sale or delivery of coal two thousand avoirdupois pounds in weight shall constitute a legal ton. The units or standards of measure of capacity for liquids from which all other measures shall be derived and ascertained shall be the standards designated in this article. The barrel is equal to thirty-one and one-half gallons and two barrels are a hogshead. The parts of the liquid gallon shall be derived from the gallon by continual division by the number two, so as to make half gallons, quarts, pints, half pints and gills. The peck, half peck, quarter peck, quart, pint and half pint for measuring commodities which are not liquids shall be derived from the half bushel by succes- sively dividing that measure by two. The standard of measure for buying and selling 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 eight- tenths cubic inches; multiples of the quart, which when even full shall contain like multiples of sixty-seven and two-tenths cubic inches, sec. 5 a, as enacted Bottles used for the sale of milk and cream shall be of the ca- oy JLfJiws 1910 jBottiMor jars tor miik pacity of half gallon, three pints, one quart, one pint, half pint and one gill, filled full to the bottom of the cap ring or stopple. The following variations on individual bottles or jars may be allowed: six drams above and six drams below on the half gallon; five drams above and five drams below on the three 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 designat- ing 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 a record of the desig- nating numbers and to whom furnished shall be kept in the office of the superintendent of weights and measures. New York 319 Penalty ? c - 6 Heap measure sec- ? Measure Any manufacturers who sell milk and cream bottles to be used 1 . 1 * in this state that do not comply as to size and marking with the provisions of section five-a shall suffer a penalty of five hundred 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 1 11 i iiici 11 1 1-1 1 -i heap measure shall be the half bushel and its multiples and sub- divisions. 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 one- third 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 measure of capacity for bran and shorts shall be r . 1 i 1 i /TM * 1- . forty quarts to the bushel. The measure used for measuring 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 num- ber of quarts, when stricken with a round, straight stick or roller of uniform diameter. Whenever any commodity specified in this section is sold by L f^s 8 I '^ the bushel, and no special agreement is made by the parties as to the mode of measuring, the bushel shall consist of seventy pounds of lime or coarse salt; sixty pounds of wheat, peas, potatoes, clover-seed or beans; fifty-seven pounds of onions; fifty-six pounds of Indian corn, rye or fine salt; fifty-five pounds of flax- seed; fifty-four pounds of sweet potatoes; fifty pounds of corn meal, rye meal or carrots; forty-eight pounds of barley, apples or buckwheat; forty-five pounds of herds-grass, timothy seed or rough rice; forty-four pounds of Sea island cotton seed; thirty- three pounds of dried peaches; thirty-two pounds of oats; thirty pounds of upland cotton seed; twenty- five pounds of dried apples; twenty pounds of bran or shorts. For a fractional part of the bushel a like fractional part of the above weights shall be required. A barrel of pears, quinces or potatoes shall represent a quantity equal to one hundred quarts of grain or dry measure. A barrel of apples shall be of the following dimensions: head diameter, tatoes s - sb> as enacted s, 1910 for bran sec. 9 3^0 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 understood as referring to the quantity or size of the barrel, specified in this section, but when potatoes are sold by weight, the quantity con- stituting 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, unless such barrel is plainly marked on the out- side 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. Every person violating any pro- vision 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. 1 extraction of con- All contracts made within the state for work to be done, or tracts for the sale or delivery of personal property, by weight or measure, shall be taken and construed according to the standards of weights and measures adopted in this article. by 3 i^ws I ,'i9io amended The state superintendent of weights and measures shall take intendent 01 ofwllghts cnar g e of the standards adopted by this article as the standards and measures of the state ; cause them to be kept in a fireproof building belonging to the state, from which they shall not be removed, except for repairs or for certification, and take all other necessary precau- tions for their safe-keeping. He shall maintain the state stand- ards 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 counties 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, 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 educational institution of the state, test or calibrate weights, measures, weigh- ing or measuring devices and instruments or apparatus used as 1 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 pota- toes. In consequence of this opinion the state superintendent of weights and measures has issued instruc- tions to the effect [that 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 ioo-quart barrels. New York 321 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 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 supplies. He shall keep a complete record of the standards, balances and other apparatus belonging to the state and take receipt for the same from his successor in office. He shall annually during 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 counties or cities at least 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 per- formance of such duties he may inspect the weights, measures, balances or any other weighing or measuring appliances of any person, nrm or corporation. The state shall have a complete set of copies of the original |~ ^ BtaaaK& standards of weights and measures adopted by this article, which weights and measures 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 complied with and procure such apparatus and fixtures, if the same have not already been procured, as are necessary in the comparison and adjustment of the county standards. He shall cause all the city and county standards to be impressed with the emblem of the United States, the letters "N. Y.," and such other devices as he shall direct for the particular county. There shall be a county sealer of weights and measures in each . sec. , as amended . 1 1 1 i> < "V Laws, 1910 county, who shall be appointed by the board of supervisors and county sealer; duties , i j re j i r i_ i_ j TT 11 1_ -j of county sealer; duty ol hold omce during the pleasure of such board. He shall be paid a supervisors salary determined by the board of supervisors and shall be pro- vided 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 consump- . tion offered or submitted by such person or persons for sale, for hire tion emiaimual taspec " or award. He shall at least twice in each year and as much oftener as he may deem necessary see that the weights, measures and all apparatus used in the county are correct. He may for the pur- poses 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 what- soever, 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 county sealer shall keep a complete record of the work done by Re p rt 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. by S Laws 4 'i^o amended There shall be a city sealer of weights and measures to be city sealer appointed by the mayor with the approval of 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 county sealer in a county. This section shall not apply to the city of New York. sec. i s , as amended Whenever the sealer of a city or county compares weights and by Laws, 1910 _ * J ures e o 8h e S se a ?e 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 How 2 packed 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 f^^^g one hundred 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 pounds, with staves twenty-two inches long and each head four- teen 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 con- tain eight hundred pounds. The casks shall be made as nearly straight as may be, and their f^V^sts 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 manufac- turer 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 : casks of wheat flour, If of a very superior quality, "extra superfine"; if of a quality now branded now branded " superfine," with the word " superfine " ; if of a third quality, "fine"; if of a fourth 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 4 of rye flour, branded with the words "superfine rye flour," and each cask how branded intended for the second quality, with the words "fine rye flour." Each cask of Indian meal shall be branded with the words casks s of meai, how "Indian meal"; and each cask of buckwheat meal, with the branded letter and the word " B meal." A person shall not knowingly offer for sale any cask of flour or ? c v?l, 1 1 1 . , 1 , ....... . Prohibition 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 undermafk 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 sec- 7 1 1,1 * * ,. , . . Counterfeiting marks state or private, made under the provisions of this article, or put prohibited 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 A person 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 hundred 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 against ^ P erson shall knowingly offer for sale as good wheat flour, any the sale of mixed flour flour which contains a mixture of Indian meal, or any other mix- tures, or any unsound flour. A person violating this section shall forfeit to the people of the state the sum of five dollars for each such violation. Prohibition against No person having charge of any vessel shall transport, into the Sanmeaum^eck ' 111 " ^ ^ New York, any Indian meal upon the deck of any vessel. Penalty Every person 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 j^wf ch 20 All barrels in which any pork or beef is repacked, shall be of ar s'e*2 o gd, seasoned white oak or white ash staves and heading, free Beef and pork from every defect; and each barrel shall contain two hundred Barrels and tierces, 1 r 1 r i how made pounds 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 hundred pounds of beef or pork. l^rVels 1 in Suffolk, All beef and pork which is repacked in and exported from the Nasfau couS an * counties of Suffolk, Kings, Queens and Nassau, may be packed in barrels as nearly straight as may be, made of good, seasoned red oak staves and heading of the growth of such counties respec- tively, free from sap and every defect and made otherwise as above directed. Quaii&es of pork Every 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, exclu- sive 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 twenty-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 belly, 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 Con ^w) ch or stamp on each bale or other package containing the same, in a ^-^ legible manner, the initial letter of his Christian name, and his B e a c ies s oi hops to be surname at full length, and the gross weight of such bale or pack- m age, 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 sec as i .. J ,1 . ,. Adulteration oi hops substance, or in any manner adulterate their quality. prohibited; counterfeit- No person shall counterfeit the marks on any bale or package tog m 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 Penalt y such violation. A bale of hops sold in this state shall not weigh less than one i n ; 2 rd weight of hundred and seventy-five nor more than two hundred and ten ^ > reo * ales and tae pounds. The tare to be deducted is five pounds. 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 maxi- mum 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 | e a c le * S3 of ^y to ^ market shall mark or brand, in a legible manner, the initials of 3 *** 1 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 be- tween seller and buyer. 326 Laws Concerning Weights and Measures Penalty ^ person violating this section shall forfeit to the people of the state the sum of five dollars for each such violation. prohibition against No person shall put or conceal in any such bundle of hay any the adulteration of hay we t O r damaged hay, or other materials, or hay of any inferior quality to that which plainly appears upon the outside of such bundle. Penay 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 The gross weight shall be plainly marked on each bale of hay on kaie O r 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 hundred pounds. Penal ' y 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. ijaws, 1911, ch. 825 Chapter twenty-five of the laws of nineteen hundred and nine, Amendment entitled "An act relating to general business, constituting chap- ter twenty of the consolidated laws," is hereby amended by in- serting therein a new article to be article twenty-five-a, to read as follows: con.iiws7loi.2,ch. Coal, coke and charcoal shall be sold by weight except as here- ""secSsf inafter provided. A person, firm or corporation shall not attempt coai, coke, and char- to sell or deliver less than two thousand pounds by weight to the coal to be sold by weight - , '..,.. ton of coal, coke or charcoal, or a proper proportion thereof in quantities less than a ton, and such coal, coke or charcoal shall be duly weighed on scales that have been tested and sealed by the official charged with such testing; provided, however, that in all cases thirty pounds to the ton shall be allowed for the varia- tion in scales and wastage. Delivery tickets ^ P erson > fi rm 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 accompa- nied 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 |? ro - v ^ as to delivery entire cargo direct from the vessel containing the same to one $^ re cargo or carload 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, fj^as markings , shall be of such capacity as to hold stricken full approximately one ba s an <* 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 solid roman capital letters at least three inches in height. When the coal, coke or charcoal is sold in quantities less than one hun- dred 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 solid roman capital letters at least one inch in height. A weights and measures official of the state, of the city or of the sec. 3 8 7 county who finds any quantity of coke, coal or charcoal ready f or charcMi^may^be 6 ' re- delivery, may in his discretion direct the person in charge of the weighe< 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 1^^,, not refuse and measures official to weigh the coal, coke or charcoal purchased to aiiow coai, coke, or from him to be reweighed at the request of the purchaser 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 char- coal 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 measures official to scales as aforesaid for the purpose of having the same weighed, but when there is a charge for weigh- ing such charge shall be paid by the one making the request. Pena 3 tt2 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 ei article This article shall not apply to the city of New York. i ^. <*. 6 S -/,..,, , ' .. Testimony of surveyor vey or measurement of lands which he may have made, unless if ana proof of standard of required, either such surveyor shall make oath, or it shall other- m ' wise 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 provi- sions 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, Con ^ws^voi 4(P signifies any goods, wares, work of art, commodity, compound, 2531, Penai Law. ch.' 4 o. mixture or other preparation or thing which may be lawfully kept s'ec 4 2o ~ ., - j j c Article of merchan- or offered for sale. disc denned Any person, firm, corporation or association, or any employee untrue 1 and mislead- thereof, who, in a newspaper, circular or other publication pub- mg advertlsements 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 Pena "y thereof who violates any provision of this section shall be liable to a fine of not less than twenty-five nor more than one hundred dollars for each offense. A person who, with intent to defraud, while putting up in a concealing 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 punish- ment thereof is not otherwise made by statute, is guilty of a misdemeanor. A person, who, with intent to defraud: i. Puts upon an article 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 indi- cation of or respecting the kind, number, quantity, weight or measure of such article, or any part thereof, or the place or coun- try where it was manufactured or produced or the quality or grade of any such article, if the quality or grade thereof is required by law to be marked, branded or otherwise 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. ustaglaise marks as A person, who, with intent to defraud or to enable another to to manufacture defraud 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 there- upon any engraving or printed label, stamp, imprint, mark or trade-mark which article is not the manufacture, workmanship 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. penalty for selling A person who sells, offers for sale or manufactures with intent hau wine not labeled to sell, any wine known as "half wine," which is not stamped, marked or labeled as required by law, is guilty of a misdemeanor, con. Laws, } ch. 4 o, A weighmaster upon any of the canals belonging to this state, ar s'ec? 4 6i an d a clerk of such weighmaster, who makes a false entry of the ta2 e SS^3ffi 1 8 we ^S ht of any boat, or cargo of any boat, navigating such canal, canai boat O r who makes 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. te! ch. 4 o. Where potatoes, grains or other agricultural products are sold ar sec! 6 2 4 io by tne bushel, without agreement as to the weight, any person JFESfitfffK 1 ^ 1 ^ a g reater number of pounds for a bushel than as pre- bushel scribed by section eight of the general business law is guilty of a misdemeanor. us c ing 4I faise weights A person who injures or defrauds another by using, with knowl- 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, leeplngW 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. 24 i 3 . f i ' fA.ii x- 11 AI_ J 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 %%$ ^ meas . pursuant to the last section, must, upon the examination of the * m ay be tested by ., . rl ! j i A j -it. 4. committing magistrate defendant, or if the examination is delayed or prevented, without and destroyed or deiiv- a waiting such examination, cause the same to be tested by com- er parison 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- b s w f 43,^3 enacted ure or other apparatus for determining the quantity of any com- ' 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 sec. 24 i S . t . , r , , r False weights and 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 under oi r ofiend a e f r er the control of the district attorney, to be destroyed. A person who knowingly marks or stamps false or short weights, s ec . 24 .i6 9 J i i 11 rr Stamping false or false tare on any cask or package, or knowingly sells or oners weight or tare on casks for sale any cask or package so marked, is guilty of a misdemeanor. orpackage3 A person who: 1. Sells or offers for sale baled hay or straw containing more see. 2417 than twenty pounds of wood to the bale, the weight of which is of baled hay and r stw two hundred pounds or upward, or more than ten pounds 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 pounds less than the gross weight so marked thereupon, Is guilty of a misdemeanor 334 Laws Concerning Weights and Measures cu?tu n rai La^art.^'" No person, 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 tafhed m to nt padkag e e a oi dollars per ton, unless such fertilizer or material shall be accom- fertmzers. panied 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: i . The number of net pounds of fertilizer in the package sold or offered for sale. 2. The name, brand or trade mark under which the fertilizer is sold. cons. Laws Agri- Xhe term "barrel" when used in transactions of purchase or cultural Law, art n 1 n sec. 263 sale of apples, pears or quinces shall represent a quantity equal Barrels; apples, to one hundred quarts of grain or dry measure, and such barrels pears, and quinces. , ,, < i r < i- 1 I9 5> ch- 77> ec . ( 3 '5f 3 7 trading, any other weights and measures than are made and used S ( ' 7 I866) according to the standard prescribed by the congress of the United States: Provided, that this chapter shall not prevent the citizens of the state from buying and selling grain by measure as may be agreed upon between the parties. The board of commissioners of each county shall, at the charge of their county, procure standard sealed weights of half hundred, b j d b o e f nty e com- quarter hundred, ten pounds, five pounds, two pounds and one missioners Branded pound, one-half pound, one-quarter pound, two ounces, one ounce, one-half ounce, gauging rod and waist sticks; yard sticks, half bushel, peck, half peck, quarter peck, and one-eighth peck; gallon, half gallon, quart, pint, half pint, and gill measure, of the United States standard, sealed and branded "N. C." The measure of an acre of land shall be equal to a rectangle of p ^J lsal> I9 s> ** " sixteen poles or perches in length and ten in breadth, and shall floes' *<* 1 t c Acre, poie, percn 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 ; ( l8 s6-r, issi. zsss. 1905, of corn meal, 48 pounds; of rye, 56 pounds; of barley, 48 pounds ; b sec^6, as amended of oats, 32 pounds; of flax seed, 55 pounds; of clover seed, doJ.^T' m ' f 1 1 j r i i How many pounds to pounds; of pease, 60 pounds; of rough rice, 44 pounds; of buck-abushei wheat, 50 pounds ; of corn in ear, 70 pounds ; 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 corn, 46 pounds; of hemp seed, 44 pounds; of rape seed, 50 pounds; of mustard seed, 58 pounds; of teosinte, 59 pounds; of sorghum, kaffir corn 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, walnuts and hickory nuts free from hull, 50 pounds; apple seed, 40 pounds; of peanuts, 22 pounds; of cotton seed, 30 pounds ; but this section shall not be construed to prevent penalty the purchase 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. (1741, 1797, 1*93) If any person, after demand by the standard keeper for permis- penaity 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. (1867, 1881) The governor is authorized to appoint a suitable person to take Itandatd keeper; ap-care of the balances, weights and measures, and perform the duties relating to weights and measures, heretofore imposed on the o!%fp1itoi~governor, and such other duties as the governor may prescribe, touching said balances and weights and measures; and he shall take from such person a bond with surety, to be approved by the governor, in the penal sum of five hundred dollars for the safe keeping of said weights and measures, and for the performance of all his duties. And in case the governor fails to appoint, or the person appointed fails to qualify 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. (1881) It shall be the duty of the keeper of weights and measures, under 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 of the standard sealed weights and measures required by law to be kept, and he is hereby authorized, by and with the approval of the governor, to contract for the manufacture of plain, sealed weights substantially made of iron, steel or brass, as the county ordering may direct ; yard stick made of susbtantial wood, each end neatly covered with metal, sealed, marked and stamped " N. C. "; haft 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 each county, which shall call for the same, such .standard weights state standard *j 1 1 t_ i. J j j 1 i j er t su Pp!y c <> un tles 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, it^&rd keeper to in which he shall keep an accurate account of all the weights and keep record measures by him delivered, and the expenses incurred by him in the purchase of such weights and measures, subject to the inspec- tion of the state treasurer and the general assembly. The state standard keeper shall be allowed such compensation &&** 19 5 ' vo1 x> for his services as the governor shall deem adequate, not exceeding sJ'f^ 7 ' l88l) one hundred dollars a year. compensation of ^ . J 1111 -11 standard keeper The weights and measures, stamps and brands thus provided, Revisai, 1905, ch. 77 shall be kept at the court house of the respective counties by a ^p/Jpr.rfpj, /<>af| standard keeper, to be elected by the board of commissioners for the term of two years; and the person thus elected shall, before the board of county commissioners, take the oaths required f or k< p r u . n i public officers and also an oath of office. But the Standard tenure> 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 counties of Beaufort, Bertie, Bladen, Cumberland, Currituck, Gaston, Halifax, Lincoln, Mont- gomery, 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 o any and every kind which shall be used in buying or selling or bartering, or for hire, or in fixing or determining the amount of by M w ? j^. ch. 6 9S ' 1 ,i 11 ., ,1 1 and Pub. Local Laws, toll or charge or rate for any service shall allow or permit the stand- en 446, p. 68 S *., , t' i Examination ol 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 meas- ures of any and every kind used as aforesaid, and every person, firm or corporation who shall neglect to comply with the requirements of Forfelt foc neglect this section shall forfeit and pay fifty 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 made ,fS tn ^ certificate 8578 12 - 22 338 Laws Concerning Weights and Measures Counties ezcepted 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 coun- ties of Beaufort, Bertie, Bladen, Currituck, Gaston, Halifax, Lincoln, Montgomery, Moore, Northampton, Rutherford, Swain, Warren, Yancey and Ashe, and in these counties 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 stand- ard 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 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 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 com- plaint 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. In every instance where the standard keeper shall have before of appa ~ nml f r 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. Standard keepers shall be entitled to receive the following fees, ,, i r j j- , i ' . sec. 2780 and no other, namely: for examining and adjusting a pair of steel- Fees of standard j ' ~ J , 1 , ch ' 77 j j i i/ 1 1 1 n i (1889:1890) two standard yards, a standard half or two-pole chain shall be f^af 4 s a surveyor . s eleven standard yards, a standard quarter or one-pole chain shall chain; tested 801 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- Re visai, 1905. ch. si out having the same first measured and sealed by the standard- Sec . 36 ^f^ ) keeper, or who shall use the same for a longer period than two years t ^^ eyot ' s 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 State any corn meal except in bags or packages containing by Commeal 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 con- tains 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- 34-Q 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 delivered by actual weight or measure. (1874-5) If any weigher or purchaser of cotton shall make any deduction cSttonl'weighing oi from the weight of any bag, bale or package of lint cotton, for or on account of the draft, turn or break of the scales, steelyards, or other implement used in weighing the same, or for any other cause except as herein allowed, the person so offending shall be guilty of a misdemeanor, and fined three hundred dollars or imprisoned, in the discretion of the court : Provided, That the weigher may make such proper deduction as shall be agreed on by him, and the seller, or his agent, for water, dirt or other foreign substance, in or on such bag, bale, or package of cotton, or for other just cause. Revisai. 1905. vol. ii, Each barrel of flour exposed to sale in, or exported from, the ch '$7or. 'si?, i8w) State by land or water shall contain one hundred and ninety-six Barrei 42 of flour topounds, and each half -barrel ninety-eight pounds or sacks of flouf'topaTslnspertira^^^y-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 mixture 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 one- half 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 pro- vide 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 bolt- ing, packing and nailing every barrel of flour bolted, and that only, lawmiii? lumber and ^ ^ un an< ^ sc l uare timber and sawmill lumber at the several tun timber, how meas- markets and mills in the state shall be measured by superficial or board measure; and any person who shall sell such timber by any other measure shall pay ten dollars for every offense. ' 7S I9 7> ch- 273t and sealer of weights and measures. He shall have power to fgj;^ inspector of appoint a deputy to perform the duties hereinafter provided, who wei * htsandmeasures must be a person qualified by experience and training to intelli- gently perform the same, but he may be a regular deputy sheriff provided he has the qualifications above described. The deputy shall have the same power and perform the same duties under this article as the inspector and sealer and shall take and subscribe the oath required by other county officers. The inspector and sealer or his deputy shall once in each year sec. a 11 1 , 1* J Tests made, when 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 Maytestwagon believe that the same are not weighing correctly. He shall give to scales> how often the person in charge of such weights or measures a certificate of the correctness thereof, if found to be correct, and if found to be incor- rect, 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 shall keep a record of all such : certificates issued by him and of all his transactions under 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 examina- tion 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. standard established The standard of weights and measures shall be the standard adopted by the Government of the United States and any person who knowingly uses for the purpose of purchase or sale or keeps for public use a weight, measure, scale, balance or beam which does not conform to the standard of weights and measures adopted by the state, or who alters a weight, measure, scale, balance or beam after it has been adjusted and sealed so that it does not conform penalty for use of to such standard and fraudulently makes use thereof, shall be fined false apparatus > for each offense Fifty Dollars, county commission- The Doar cl or county commissioners of each county shall pur- ers purchase chase such duplicates of weights and measures enumerated in sec- tion 2191 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 measles weights which duplicates shall be paid for by the county and be delivered to the inspector who shall be responsible to the county under his bond as sheriff for their delivery to his successor in office. f s 5 The i nspector and sealer of weights and measures shall be entitled to demand and receive for his compensation for the inspection here- inafter 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. oo For inspecting and sealing scales of from 3 to 20 tons capacity, each i. 50 For inspecting and sealing dormant scales, each i. oo For inspecting and sealing movable platform scales, each 50 For inspecting and sealing beams weighing 100 Ibs. and upwards, each 25 For inspecting and sealing Hopper scales, each i. oo 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 Proviso 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 $o. 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 Jce ^ ayperhour forserv - or articles used in \veighing or measuring to be wrongly adjusted, misconstructed, out of repair or in any other condition which can be remedied by him, it shall be his duty to correct such scale or measure and he shall 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, lenity for j a i s e balance or beam after such weight, measure, scale, balance or weights and measures beam has been adjusted and sealed and alters it so that it does not conform to the public standard and fraudulently makes use of it, he shall forfeit for each offense fifty dollars, and every inspector and sealer who has reasonable cause to believe that a weight, measure, balance or beam has been altered since it was last adjusted and sealed shall enter the premises in which it is kept or used and shall examine the same and if found tampered with, shall have power to seal them in such a manner that they can- not be used until such disability is removed and such scale, balance or beam shall be kept sealed until such fine is paid. The inspector or sealer shall in no case seal or mark as correct any weights, measures or balances which do not conform to the standard. If such weights, measures or balances can be readily 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 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 lodged 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 forth- with to arrest the person in charge of such scale and take him before a Justice of the Peace in the county for trial and upon conviction such person, whether the owner or not, shall be guilty of a misde- cnarge tor making meaner and punished accordingly. In all such cases the sealer or arrest, charge for test- , -!", 1 .,111 t 1 j_ .. i ing deputy sealer making the test shall make and swear to the com- plaint 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^fity for mislead- Any P er son who shall wilfully obstruct or mislead the inspector ing inspector or sealer in the execution of his duties as herein provided, shall be subject to conviction and punishment therefor in the same manner as is now provided for the conviction and punishment of persons opposing or hindering an officer ministerial, judicial or executive, under the laws of the state and the inspector and sealer shall have full power and authority for the various purposes named to exam- ine any weights, measures, scales, balances or beams. juv. codes, .905, P. The city council shall have power: sec ( j678 >/0 5) 35- To establish markets and market houses and to provide for General powers of the regulation and use thereof. TO provide for the 36. To provide for the place and manner of sale of meats, poul- sen c tag a cminod^ties try, fish, butter, cheese, lard, vegetables, and all other provisions, and regulate the selling of the same. brea e I905> p Every person who, in putting up or pressing any bundle of hay omiiftag to mark for market, omits to put the number of pounds in each bundle or baiedhay 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 or other package, any hops, cotton, hay or other goods usually sold ta & wei * ht 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 f ceding 32 ^ aws>I9 7>ch - 197>p - stuff, " as defined in section three, used for feeding farm live stock, ec-i. u jy j i j.1 i 11 1 m j Weight 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 el- used, shall not include hays, straw, whole seeds nor the unmixed em P ted 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. The term "concentrated commercial feeding stuffs," as here Feeding stuss to be used, shall include linseed meals, cotton seed meals, cotton seed tabeled 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, corn and oat chops, corn and oat feeds, corn bran, ground 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, offering or exposing for sale in this state any "concentrated com- mercial feeding stuff, " as defined in section three of this act, with- out 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 hundred dollars for each subsequent offense. It shall be unlawful for any person, firm, association, co-part- : nership or corporation doing business in the state to purchase or 3I sec. receive any wheat, oats, barley, flax, or other grains at a different 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 350 Laws Concerning Weights and Measures same, excepting on such grains as the grain inspection boards for the terminal markets of the states of Minnesota and Wisconsin place a dockage. pe c ndty Any P erson > nrm 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, J9 o7,ch.i9s,p. It shall be unlawful for any person, either himself or while acting 5l |ec. i as agent or servant of any other person or corporation to manufac- mtebnmdfn^f 0*0 d s ture for sale, sell, offer or to have for sale, to solicit orders for, to store or to deliver within 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, unwholesome, 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 condi- ments, extracts, vinegars, or other substances used in the prepara- tion or compounding of foods or food products and beverages shall be deemed as articles of food. vSec ' 2 constitute Any article of food or beverage shall be considered as misbranded , What unwholesome, adulterated or insufficiently labeled within the mean- ing of this act : stated en 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. of food or Every article of food or beverage as defined in the statutes of this nu- s ^ a ^ e shall be sold by weight, measure or numerical count and as now recognized by trade custom, and shall be labeled in accordance with the provisions of the food and beverage laws of this state. Only those products shall be sold by numerical count which 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 i^^s. i 9 n, ch. 23 6, sold in bulk, shall be put up in pails or other containers holding one weight p df iard or lard (i) , three (3) , or five (5) pounds net weight, or some whole multiple STSSLtaS? 11 put 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 " B ack 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, f^ ht of standard unless composed in chief parts of rye or maize, shall be sold only loaves of bread 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 loafj^l 1 * 111 olother 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 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 secretary of the treasury of the United States under a resolution of ' SK (I 6 8 * * Z8?s) Congress, approved Tune 14, one thousand eight hundred and standards, those fur- ... f I. 11 i_ jY. i i j j -P . 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 syste the weights and measures of the metric system, authorized by con- gress 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 c - 6 ^ t standard weight or measure, shall be construed according to the standards contracts construed hereby adopted as the standards of this state. (rfdj) The unit of standard measure of length and surface, from which ec. 6405 , 1 . . i .1 i- t _e t t-j Yard > the 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 posses- su sion of the secretary of state, and furnished by the government of the United States. The yard shall be divided into three equal parts, called feet, and each foot into twelve equal parts, called inches. For the measure of cloths and other commodities 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 oi a rod and the mile, one thousand seven hundred and sixty such yards, PI* P erch mile > * 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 f^ 64070 contain ten square chains, and be equivalent in area to a rectangle sixteen rods in length and ten rods in breadth. Six hundred and forty acres shall be contained in a square mile. The perch of mason work or stone shall consist of twenty-five p^ cn 4 of mason work cubic feet. or stone The standard measure of a cord of fire-wood or tan-bark shall , ( - 186 ^ vSec. 6409 be one hundred and twenty-eight cubic feet, well stowed and . c rd , oi are-wood or J tan-bark packed. The units or standards of weight from which all other weights iS,dard 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 gov- ernment. sec. 6 4 if 6l) The avoidupois pound, which bears to the troy pound the ratio dMsTonl "on "* 8ub " of seven thousand to five thousand seven hundred and sixty, shall be divided into sixteen equal parts called ounces. The hundred- weight except of pig-iron and iron ore, 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. Gallon"" The unit or standard measure of capacity for liquids, from which all other measures of liquids shall be derived and ascertained, shall be the standard gallon, and its parts, furnished this state by the government of the United States. ' I896} The barrel shall contain thirty-one and one-half gallons, and two barrels shall constitute a hogshead. Barrels, for the purpose of containing apples, potatoes, onions or other fruit, produce or vegetables, shall be made of staves of seasoned timber, twenty- eight and one-half inches in length with cut heads of seventeen and one-eighths inches in diameter and shall measure at the bulge not less than sixty-six inches in circumference, outside measure. Such barrel shall be known as "the standard barrel," and on the outside of one or more of the staves thereof shall be stamped or branded the words "State of Ohio, standard," the name of the cooper or manufacturer thereof and the name of the city or town nearest to which the cooper shop or place of business of such man- ufacturer is located. Hai-bushei The unit or standard measure of capacity for substances other than liquids, from which all other measures of such substances shall be derived and ascertained, shall be the standard half-bushel measure furnished this state by the government of the United States, the interior diameter of which is thirteen inches and thirty- nine-fortieths of an inch, and the depth is seven inches and one- twenty-fourth of an inch. lubdfvisions of haii- ^ e P ec ^> half-peck, quarter-peck, quart and pint measures for bushel measuring commodities other than liquids, shall be derived from the half -bushel measure by dividing it and each successive measure by two. sec. 6 4 ( i6 5<5/) Articles usually sold by heaped measure shaJ be heaped in a Heaped measures conical form as high as such articles permit. How 64 dJy commodi- Measures for measuring dry commodities not usually heaped shall be struck with a straight stick, with the edges rounded. Com- modities other than liquids, when sold by the gallon or less, shall be sold by the dry measure. Ohio 355 Pounds. bushel A bushel of the respective articles hereinafter mentioned shall (j5 & l8 L 5 > J #g- l8 a 8 /' 1.-, P -,. i . . ,,. ,. -^1 1884,1885,1886,1887, be the amount of weight, avoirdupois, in this section specified, ^9.1893) Viz I 1 . Standard weight of 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 Hungarian grass seed 50 Lime 70 Coke 40 Bituminous coal 80 Cannel coal 70 Corn, shelled 56 Corn in the ear 68 Popcorn in the ear 42 Tomatoes 56 Apples 50 Peaches 48 Turnips 60 Carrots 50 Beets 56 Oats 32 Clover seed. . 60 All articles hereinafter mentioned, when sold, shall be sold by b avoirdupois weight or numerical count, unless by agreement of all w ^ght contracting parties, viz: apples, peaches, pears, plums, quinces, count cranberries, prunes, 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, cauliflower, endive, lettuce, spinach, sauerkraut, barley, bran, buckwheat, corn in ear, shelled corn, wheat, rye, oats, sweet corn in ear, shelled sweet corn, hominy, dried sweet corn, popcorn in ear, shelled popcorn, bluegrass seed, broom corn seed, canary seed, cotton seed, 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, English walnuts, black walnuts, hick- ory nuts, Brazil nuts, pecans, almonds, filberts, coal, coke, lime, salt, sugar, tea, coffee, bulk spices, cheese, butter, oleomargarine, lard, fresh and salt meats, fish, game fowls, flour, corn meal, chopped feed, pepper in bulk, and candy in bulk. Nothing in this section shall apply to seeds and other articles in sealed pack- ages. The provisions of this act shall in no way apply to goods sold or bought in car lots until said goods are sold at retail. Who- ever 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 impris- oned not more than three months, or both. For convenience In printing a slight change has been made In arrangement of these articles. 356 Laws Concerning Weights and Measures sec standard bushel of stone coal, coke and unslacked lime, Bu c sheuor measuring shall contain twenty-six hundred and eighty-eight cubic inches; stone coal and lime f j . 1 .. , in L 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 fourteen and one-tenth inches deep. (1869.1875) Sales of coal shall be by weight; and two thousand pounds when 42 coai sold by avoirdupois shall constitute a ton thereof; but where coal can not ZESf" ' 8 "be weighed, it may be sold by measurement. sec 6 ( 2 J / W) Whoever sells stone coal in violation of this chapter shall be seiiing 2 coai in viola- liable to the person to whom such coal is sold and delivered in treble damages. If the defendant in such action dqes 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 prop- erty of such defendant in the county from the day of service. This section shall not apply to a person or corporation mining or selling less than fifteen thousand bushels of coal annually. sec. 422** 5) The standard of measurement for a bushel of charcoal shall be standard oi measure- twenty-seven hundred and forty-eight cubic inches. ment for bushel of char- .^ J . ,-.,' .. coai The state dairy and food commissioner shall be state sealer. sec. 7*5. Mnacd, The standards of weights and measures adopted by the state M !tate' I9 seaier andshall be deposited in a suitable room at Columbus, and be by him Md measures weights kept in suitable cases, to be opened only for the purpose of com- paring 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 county auditor and city or village sealer, in this state, to present all standards of weights and measures in their possession to him for comparison with the standards adopted by the state, and 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 county auditor and each city and village sealer shall be required to procure copies of all the original standards adopted by the state named in 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 enforce- ment 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 found or made to conform to the state stand- ards 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 ed s ^-^~ I i ^ i ^ a ^- other duly authorized sealer of weights and measures or his dep- x* commissioner J . ., , , , ,,^ or his deputy, etc., may uty, may inspect and test any weight, measure, balance or other inspect and test scales, -L. j -u j-i, J etc -> weighing or measuring device, wherever the same is used, or maintained for use, and if such weight, measure, balance or other weighing or measuring device is found to be false or fraudulent, or cannot be made to conform to the legal standard, the same shall be condemned and confiscated by the said sealer or deputy sealer. connstewhen 1 Copies of the original standards of the following materials, sec. 79 66 5<5z) shall be procured by the state sealer for the use of each county to^l^lt counties 3 "* 18 in this state, not already furnished, in pursuance of law, and be delivered by him to the auditor thereof : One-half bushel meas- ure, of one-eighth inch copper, with brass rim; one gallon meas- ure, 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 pound, one quarter pound, two ounce, one ounce, half ounce, and quarter ounce weights, troy, to be made of brass; one brass yard measure, graduated into feet, inches and tenths. The state sealer shall cause to be impressed on each of the Device* 7 on county copies, so to be delivered to the counties, the letter "O," and standards such other device for each county as he directs before its deposit in the county auditor's office. Such device shall be recorded in the state sealer's office, and a copy thereof furnished to the auditor of the proper county. The state sealer shall furnish like copies of the original stand- f e 7 c 9 op ies to be fur- ards to the sealer of any city or village upon application therefor, ^^ to c " ies and and payment of the cost thereof, by such city or village. The state sealer shall render accounts to the auditor of state of all moneys by him paid or liabilities incurred in procuring and delivering copies of the standards to the counties; and the auditor shall audit such accounts and draw his warrants on the state treasurer for the amount he finds due, which must be paid 258 Laws Concerning Weights and Measures by the treasurer out of any moneys to the credit of the general revenue fund. d8 7 6. 1891) The 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 found correct. For testing the registration of gas meter-provers, to be paid by the persons requiring such service, he shall be allowed the sum of five dollars for each meter- prover tested. d86r. 1910) By virtue of his office, the county auditor shall be county May C io, 2 i 6 9i S o ai sealer of weights and measures and shall be responsible for the preservation of the copies of the original standards delivered to his office. It shall be the duty of the county auditor to see that all state laws relating to weights and measures be strictly enforced throughout his county and to assist generally in the prosecution of all violations of such laws. M^O 2 i 6l ?o amended The county sealer shall compare all weights and measures, Duties of county brought to him for that purpose, with the copies of standards in sealer; weights, meas- . f ^ ures, etc., must behis possession. 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 stand- ards, 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 hundred dollars nor more than five hundred dollars and imprisoned for not more than ninety days or both. A justice of the peace, police judge, or mayor shall have final jurisdiction in such cases as in cases of violation of law relating to the adulteration of food and drink and dairy products. sec. Ji z , 86z) When a county sealer resigns, is removed from office, or removes L2?L ^S?** 0111 tn(i county, he shall deliver to his successor in office the copies to sue- . * 1 . , . , . . _ standards, beams, weights, and measures in his possession. In Ohio 359 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 neglect or refusal to deliver such standards entire and sec. 2618 complete, the successor in office may maintain a civil action against the person so refusing or neglecting, and recover double the value of such standards as have not been delivered, with costs of suit, which shall be by him appropriated to the purchase of such stand- ards as are required in his office. No surveyor shall give evidence in a cause pending in any of the f^^. chains> courts of this state, or before arbitrators, respecting the survey or *** 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 pe C Mity for using weighing or measuring, which do not conform to the standards of ^ sure ^ eiehts and 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 w e n 62 not to be en- enforced in any county, unless it has been furnished with copies of forced 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 ( i86l > ISM, iw, 1910, writing under his hand and seal, a deputy who shall compare sec. ^'L amended weights and measures wherever the same are used or maintained ^Deputy I9 seafer 426 of for use within his county, or which are brought to the office of the weights and county sealer for that purpose, with the copies of the original standards in the possession of the county sealer, who shall receive ^^ a salary fixed by the county commissioners, to be paid by the county, which salary shall be instead of all fees or charges other- wise 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: Sec 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. 360 Laws Concerning Weights and Measures sects' /cw5) The ma 7 or ma Y appoint a sealer of weights and measures, who slaier of weights and shall hold office co-extensive with the term of office of the mayor m citie r s e and villages who made his appointment, and until his successor is appointed te4 ppoil ld and qualified, unless otherwise removed from office. Qualification and The sealer of weights and measures shall be a competent per- compensation son f or ^e 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. oShTnd bond Before entering upon his duties, the sealer of weights and meas- ures shall take the oath of office required by law, and give bond to the corporation in such amount as is prescribed by ordinance, with security to the approval of the Mayor, and conditioned for the faithful performance of his duties. comparison with At least once in three years, the sealer of weights and measures county standards shall compare the copy of standards in his possession with those in the office of the county sealer. sec-X^a^ended The sealer of weights and measures shall compare all weights by com^rison I andseai- an( ^ measures, balances, weighing and measuring devices used in ing of weights and the purchase and sale of commodities with the copies in his pos- measures f 1 , 1 11 5 j weighing and meas- session. Any weights and measures, balances, and weighing and uring devices, etc. . , J . b . , r ' . ,. ,. ' .* measunng 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 incor- rect, and shall seal such weights and measures, balances, weighing and measuring devices having a device for indicating or register- ing 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 indica- May be seized, when tions are f ound to be false or inaccurately placed either as to weight or quantity or value. JSP'* 9 ** Whoever, in buying or selling any property, or directing or per- by false mating 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 untrue weight, or whoever uses in the sale of a commodity a computing scale or device indicating the weight and price of such commodity upon which scale or device the graduations or indications are false, or inaccurately placed, either as to weight or price, shall be fined not more than fifty dollars. Ohio 361 Whoever sells and delivers stone-coal except at legal weights Sec . . Sec. 13112 possession with intent to sell or dispose of, an article of merchan- 0{ Ma ^ ctu ^ or sale dise marked, stamped or branded with the words "sterling" or marked S "sterm[g" er o? "sterling silver," or incased or inclosed in a box, package," 5 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 solid silver, unless 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- ^."l . , . ,, ,. f . -, f Manufacture or sale possession with intent to sell or dispose of, an article of merchan- of goods M improperly dise marked, stamped or branded with the word "coin" or " coin "coin 6 silver" 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-thou- sandths 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 Sec **>"> for measuring and registering the gas consumed under a contract Ial ^ a ^ g met e r rs 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 ?*% 6s ' z877) a case or package, and fails to mark thereon the gross, tare and F . a ij" re to . 1^.1... , . . .. weights on packages; 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 hundred dollars or imprisoned not more than six months, or both. Gen. code. 1910, p. All municipal corporations shall have the general powers men- 777 (1902,1908) tioned in this chapter, and council may provide by ordinance or fmren'of municipal resolution f or the exercise and enforcement of them. *T"w. 1908) To regulate the weighing and measuring of hay, wood and coal, TO seke 5 faise weights, and other articles exposed for sale, and to provide for the seizure, tc - forfeiture and destruction of weights and measures, implements and appliances for measuring and weighing which are imperfect or liable to indicate false or inaccurate weight or measure, or which do not conform to the standards established by law and which are known, used or kept to be used for weighing or measuring articles to be purchased, sold or exposed for sale. ^Gen. code, 1910. p. ^ manufacturer of flour or meal, or packer of meat, butter, lard g^ (1857) or other packed article sold by weight, under-marking the tare penalty for under- upon a hogshead, cask, box or barrel, or part thereof, or placing marking tare on barrels f > f > of flour, etc. thereon a less quantity than that marked or branded thereon as specified by law, shall forfeit the hogshead, cask, box or barrel, or part thereof, and half the contents thereof. One-fourth of such entire contents shall go to the party injured, prosecuting the case, with such other damages as he may sustain, and the other fourth to the use of the poor of the township where the conviction is had. The residue shall be accounted for to such manufacturer or packer, who shall be notified by such inspector. Such forfeiture shall not take place, nor conviction be had, when the light weight was occasioned after leaving such manufacturer or packer, if such packing was done according to law. sec. S998 5a " l) Flour and meal shall be packed in well-made barrels of seasoned we l igh b t a "nd S tare 0f oi t i mDer twenty-seven inches in length, when finished, with a cut ^ r rkldthe^n to be nea d f seventeen and one-half inches, tightly bound, with ten smart hoops or six flat hoops two inches broad, secured with four nails in each end hoop, and three nails in each outward bilge hoop. Such barrel shall contain one hundred and ninety-six pounds of flour or meal, and the tare thereof shall be marked on the head of such barrel by the miller, with a marking iron. The weight of the flour or meal shall be branded on the barrel with a branding iron, to be provided by him for that purpose. * * * sec. S?' rfc)j) A miller or mill owner shall brand or cause to be branded on the branded 4 on Barrel o?head of each barrel or side of each sack the weight and quality of sack 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 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 . ol 3 ~ l) white oak timber, clear of sap wood, twenty-nine inches in length, b e?f e or^orif barrelsfor 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- | e e C g^Sion haif-bar- soned white oak timber, clear of sap, twenty-four inches in length, rels for beef or ^ 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 4 of barrel of two hundred pounds of sound, clean, well slaughtered meat, that beef or *>& is well fattened. * * * When linseed, flaxseed or lard oil is sold by the barrel, without sec.^' / I9IO> p> that which is defined in this section, where milk or cream is pur- Sec I2 ^ 4) chased by or furnished to creameries or cheese factories and where . , pen f lty , fo . r use 0| J . . .,, - false standard measure the value of such milk or cream is determined by the per cent of for muk 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 meas- ures 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 p^^ 3 fol s^e O f tube or bottle which is not correctly marked or graduated as pro- falsel y 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 I ea - Code> I9IO> p> receive his necessary and legitimate traveling and other expenses, (/ * 7 */*$' /**$ l888 ' incurred in the discharge of his duties, not to exceed sixty-five dol- sec. 904 ' *t_ TA J Purchase of weights, 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, meas- ures, 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 (/ let I8 8 *' t885 ' ' 9Io) The district inspectors of mines are hereby invested with all the D e ues 7 and compen- powers and authority of county auditors, as sealers of weights and sation of district inspec- ^ i i-rc ! r i.- T? tors of mines, as sealers measures in the different counties of this state, .bor services per- IS " formed as such sealers, they shall receive the same compensation ure as county auditors when acting as county sealers, but shall exercise such authority in connection with weights and measures only at mines in their respective districts. Gen ' C o^) 9I ^e standard or unit of measure for the sale of illuminating gas sec. 9 j26 by meter shall be the cubic foot, containing sixty-two and three Illuminating gas; * ., . . unit of measure hundred twenty-one one-thousandth pounds avoirdupois weight of distilled or rain water, weighed in air, of the temperature of sixty-two degrees Fahrenheit's scale, the barometer being at twenty-nine and one-half inches. Sec ( I867) No meter shall be set unless it is tested by a meter-prover, sealed Mete 9 r 3 s 27 to be sealed and stamped as hereinafter provided. A company authorizing the and stamped . .. ,. ,, . *. i_ 11 r penalty for failure to setting of a meter, or allowing it to be used by a consumer of gas, without being so sealed and stamped, shall forfeit and pay not less than twenty-five nor more than one hundred dollars, to be recov- ered upon the complaint of such consumer, in the name of the state, before any court of competent jurisdiction. sects' I8QI) ^ ^ e ex P ense f 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 nish certain apparatus f *. jj c 4.1. i* 1 state university, 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. vSec.^t ' I9o8) Meters in use shall be tested on the request of the consumer, in Meters; testing of hi s presence, if desired, with a meter-prover, tested and sealed as provided by law, by an officer or servant of the company. If the meter be found to be correct, and it shall be deemed correct if there be no greater variation than three per cent, the party requesting the inspection shall pay a fee of twenty-five cents, and the expense of removing it for the purpose of being tested. The re-inspection shall be stamped on the meter. If proved incorrect, no fees or expense shall be paid by the consumer, and the company shall fur- nish a new meter without charge to the consumer. No gas com- pany shall charge rent for meters. OKLAHOMA If any person with intent to defraud, use a false balance, weight i*|kJ awSi I909 or measure, in the weighing or measuring of anything whatever J^^ ns welshts and that is purchased, sold, bartered, shipped or delivered for sale or barter, or that is pledged, or given in payment, he shall be pun- ished by a fine not exceeding one hundred dollars nor less than five Fine 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. Every person who retains in his possession any weight or meas- Intention is punish- ure, knowing it to be false, unless it appears beyond a reasonable able 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. Every person who is authorized or enjoined by law to arrest May te 6 seized another person for violation of the first two sections of this article, is equally authorized and enjoined to seize any false weights or measures found in the possession of the person so arrested, and to deliver the same to the magistrate before whom the person so arrested is required to be taken. The magistrate to whom any weight or measure is delivered, f^ 26 ^ tested and pursuant to the last section, shall, upon examination 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 ] cause it to be destroyed, or to be delivered to the district attorney of the county in which the accused is liable to indictment or trial, as the interests of justice in his judgment require. Upon the conviction of the accused, such district attorney shall iha'n 26 be destroyed, cause any weight or measure in respect whereof the accused stands when convicted, and which remains in the possession or under the control of such district attorney, to be destroyed. Every person who knowingly marks or stamps false or short |u^ 9 lng i a i se weight, or false tare on any cask or package, or knowingly sells ^eights or false tare or offers 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 f measurement, three hundred and forty-three cubic feet, after the 367 368 Sec. 8888 Perch of stone Laws, 1910 Sec. i Bushel weights Laws Concerning Weights and Measures 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 he parties, the bushel shall consist of the follow- ing number of pounds, viz. : l Salt 80 Mineral coal 80 Corn in shuck 72 Corn, unshelled 70 Wheat 60 Beans 60 Peas 60 Split peas 60 Irish potatoes 60 Clover seed 60 Alfalfa and alsike (or Swedish) seed 60 Onions 57 Rye 56 Corn, shelled 56 Flax seed 56 Green peas (unshelled) 56 Kaffir corn 56 Sweet potatoes 55 Buckwheat 52 Carrots 50 Rutabagas 50 Corn meal 50 Millet .. 50 Sorghum seed 50 Rape 50 Barley 48 Apples 48 Peaches 48 Pears 48 Cucumbers 48 Hungarian grass seed 48 Broom corn seed 48 Castor beans 46 Tomatoes 45 Timothy seed 45 Parsnips 44 Hemp seed 44 Common turnips 42 Bermuda grass seed 40 Malt 38 Osage orange seed 36 Dried peaches 33 Oats 32 Cotton seed 32 Top onion sets 28 Dried apples 24 Peanuts 22 Bran 20 Blue grass seed 14 Red top seed 14 Orchard grass seed 14 Coke 2 2,68o Charcoal 2 2,680 A ton shall consist of two thousand (2000) pounds of the article or commodity named. . Laws, 1909 The office of public weigher is hereby established and consti- ^f 1 ' "' p ' 49 tuted one of the regular county officers for the several counties Ucweigh*r 0ffll !0fpub "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 public weigher who is not at the time of his appointment or election a legal voter, resident in his county. 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 Depu^ weighers Sec. 1831 Office, etc. The public weigher may appoint one or more deputies in each precinct of his county, which deputy shall have all the powers conferred upon the public weigher, and shall be answerable to all the penalties prescribed for the violation of this 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; Pro- vided further, all deputy weighers appointed under the provisions of this Act shall, before entering upon the duties of their offices, be approved by the board of county commissioners. The public weigher shall hold an office at the county seat, said office being provided by such public weigher at his own expense, and he shall also provide his own record books, blanks, stationery, and in no event shall the State 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 fgy^ 32 to lns ect 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 men- tioned therein, and any failure upon the part of the sheriff to com- ply 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 37O Laws Concerning Weights and Measures upon conviction shall be punished by imprisonment in the peni- tentiary for not less than one, nor more than two years; Provided, however, that a sheriff or any deputy sheriff shall receive as corn- Fees for inspecting pensation for inspecting any public scales of any such public public scales . . . \ j_i. r j 11 r tf 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 oi 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 allowed for such special inspection and test shall be the same as above provided. Duties^ It shall be the duty of every public 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, live stock, hay, cotton seed, coal, wood, broom corn, 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 shall at the time of such weighing make a record in dupli- cate form, either upon a stub attached or by a carbon duplicate sheet, such records to be in a binding, and kept for future reference. Such record shall contain a statement as to the article, its gross and net weight, its condition and the date of its weighing, together with the description of any marks, brands, or other peculiarity essential to the complete description thereof. A copy of such entry shall be furnished the person applying for such weights. Said statement of the record of each weight shall be signed by the official weigher, and all such weights when so made by the public weigher shall be taken as the legal weight of any commodity men- tioned in this section. sec.^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 during the day upon which article is weighed. Provided, That the deputy weighers shall be allowed to retain as their compensa- tion the sum of eight cents for each load or draft weighed separately the residue of the price allowed hereunder shall be paid by the deputies to the county weigher at the close of the month. 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 weights are official; any public weigher or deputy weigher, shall receive and accept P rovis 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 inter- ested 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 when- ever 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 pur- chaser. 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 com- petent jurisdiction thereof; Provided, that nothing in the pro- visions 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 vege- tables, poultry, eggs or dairy products. Provided, further, that the sheriff or his deputy shall have the same authority for regulat- ing 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- fg^jSw visions of this act, or refusing to receive and weigh any commodity herein, or who incorrectly weighs the same shall be deemed guilty Fraudulently increat- of a misdemeanor, and upon conviction shall be fined not less than tag welght $10, nor more than $100, in the discretion of the court; if con- victed 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 de- fraud 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 $10, nor more than $100, 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 twenty- five ($25) dollars. Any person, firm or corporation, who in viola- tion 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 con- viction shall be fined not less than ten ($10) nor more than one hundred ($100) dollars; Provided, however, that any person, firm, or corporation may weigh any product for any other person; Pro- vided, 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 fur- ther, that this shall not be construed to prevent any person or dealer from weighing their own products. comp. Laws, 1909, P. The council may prescribe rules for the weighing and measur- 32 sec. 691 ing of every commodity sold in the city, in all cases not otherwise welghf9 U 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 per- form the duties named in this section. (Applicable to cities of the first class.) 1 sec. 2476 Every person who, in putting up or pressing any bundle of hay Omitting to mark hav r 1 * , , ,1 * tor market, omits to put the number of pounds in each bundle or bale so put up, for which he sells or offers to sell it, is guilty of a misdemeanor. tacrea 4 s 7 mg the weight Every P erson who b Y putting up in any bag, bale, box, barrel or of barrels, boxes, etc. 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 punishable 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. Oklahoma 373 It shall be the duty of all ginners or gin owners in this state to ch c f p " Laws> I909> brand and number and place thereon the weight of each bale of S^VSM , ,, . ,. . * * S Cotton to be branded, COtton ginned at their respective gins. * * * numbered, and weight marked Any person, firm, company or corporation operating a gin 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 feedings stuffs, as herein . Sess - Laws - I 9 i -". cn. 113, p. 247 used, shall include wheat bran, wheat shorts, linseed meals, cotton l^centrated com seed meals, pea meals, cocoanut meals, gluten meals, gluten feeds, merciai feeding stuffs maize feeds, starch feeds, sugar feeds, dried brewer's grain, malt wl sprouts, hominy feeds, cereal feeds, corn and oat chops, corn chops, rice meals, rice bran, rice polish, 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 $^* what eicluded shall not include hay and straw, the whole seed or grains of wheat, barley, rye, oats, indian corn, rice buckwheat, or broom corn or any other whole or unground grain or seed. Every lot or parcel of concentrated commercial stuffs as defined |^ 3 ^ ^ ^ in section i, of this act, used for feeding farm live stock, sold, tobe marked offered or exposed for sale in the State of Oklahoma for use within this state, shall have printed on a tax tag, * * * a plainly printed statement clearly and truly certifying : (a) The number of net pounds of feeding stuff in the package; (d) The name and address of the manufacturer or importer; 5JC 5jJ 5jC It shall be unlawful for any mine owner, lessee, or operator of Io ^ omp - Laws> I909 > p - coal mine in this state employing miners who are paid by the |^433i quantity of coal mined by them to use any other than a recognized weighing n we; pen- standard scale or to pass the out put of coal mined by said miners, a " over any screen or any other device until the same shall have been weighed and duly credited to the miner sending the same to the surface and accounted for at the legal rate of weights, 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 hundred nor more than five hundred dollars for each offense, or by imprisonment in the county jail for a period of not less than sixty days nor more than six months or by both such fine and im- prisonment, proceedings to be instituted in any court having com- petent jurisdiction. 374 rights oi Laws Concerning Weights and Measures oath of The weighmen 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 be- tween the employer and employee and to weigh truly and correctly the output of coal from the mines as herein provided. The miners employed by or engaged in working for any mine * "/ * -1111 < 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 privi- leges 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 em- ployed, 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 ($100) 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. Every owner, operator or agent of any coal mine in this State employing miners at bushel or ton rates, shall provide at such mine or mines accurate and suitable scales, of standard manufacture, upon which shall be 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 what- ever, 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 mis- demeanor, and shall upon conviction for each and every offense be punished by a fine of not less than two hundred ($200.00) dol- lars, nor more than five hundred ($500.00) dollars, or by imprison- standard scales Oklahoma 375 merit in the county jail for a period of not less than sixty (60) days nor more than six (6) months, or by both such fine and imprison- ment, at the discretion of the court. The chief mine inspector or assistant mine inspector, shall be nsen of mine ex-officio inspector of weights, measures and scales used at coal scales 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 in- spector shall call the attention of the mine owner, agent, or oper- ator 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- Penalt 7 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 coun- ties 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 feTIs o aws> I909 warehouses shall be subject to examination and test by any duly Pbiic so warehouse , i . , . , J ft 1 J , scales tested 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 * * * vioialion; misde- by any warehouseman, owner, lessee, manager or employee o f meanor 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 mis- demeanor. Whenever any coal is shipped over any common carrier from , c m p x Laws, 1909 A -.LI j-i e-\A P 7-^1 11. , (Snyder), ch. 9, art 5, any point within the State of Oklahoma to any other point within P- m the said State, the common carrier transporting such coal shall BUI ofiading for coal issue a bill of lading stating the true weight of the coal so trans- to show weight ported. When said coal arrives at its destination, the said carrier shall loai wtighed at des- cause the same to be weighed at that point, provided it has scales ""P"" ,,,.., ... y, . 1 n .< Liability 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 delivery is less than the weight set out in the bill of lading, the carrier delivering to the consignee shall be liable to the con- signee 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 hun- dred and fifty mile haul; and the measure of damage of the con- signee for such deficiency or shortage shall be the value of the defi- ciency if the freight has not been paid ; and in weighing cars of coal they shall be detached from the train and in the event the loss or shortage does not occur on the delivering line, the carrier deliv- ering 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, sec- 485 In case any coal shipped shall be carried over the lines of the Connecting lines '. . .. . 1111 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 re weighed when delivered to the connecting carrier, and the value of the coal at the point of destination shall be the measure of damages. ieftisai to weigh-, I n case the carrier shall fail or refuse to weigh said coal at its consignee may weigh, 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 pounds per ton shall be deducted from the weight. Refusal to weigh Any a g en "t, servant or employee of any carrier who shall fail or penalty refuse to weigh any coal at its point of destination, or shall know- ingly 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, into state Whenever any coal shall be brought into this state by any car- rier 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 sec. 489 the carrier in regard to the shortage of coal on any car, the car shall shortage 6 f 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 <-M? CSS - *< a s < w> r , , Chap. 32, p. 46 of enforcing the provisions of this act. sec. i Mill products hereinafter mentioned shall have the following to enforce** gr standard weights: Barrels of flour, in wood, one hundred and Itandard 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. Corn meal, in sacks, thirty-five (35) pounds gross; half sacks, seventeen and one-half (17%) pounds gross; one- fourth 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 fjj and weight 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 (>1j) 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, Sec he shall be guilty of a misdemeanor, and on conviction thereof violation shall be fined in any sum not less than twenty-five dollars ($25.00) , Penalty nor more than one thousand dollars ($i ,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, ^4u Ctln las obstruct, hinder or otherwise prevent or attempt to prevent any tore 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 ($25.0x3), nor more than one hundred dollars ($100.00). I 6 ?- 6 Any member of the Board of Agriculture shall have the privi- Seizure ol products J . . i u -i . lor violation lege of seizing any mill product and cereal sold in the state in vio- lation 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 magis- trate, 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 estab- The weights and measures, together with the scales and beams, Bellinger and cot- and those made in conformity therewith, which are now or may^^^^^ 2 ;^ 2 ' hereafter be deposited in the treasury of this state, shall be l preserved by the treasurer and be the public standards in this lished 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 besealet ' formed as to impress the word "Oregon" upon the weights and measures, scales and beams, to be sealed by him, with which he shall seal all such authorized public standards of weights and measures, and all the weights and measures, scales and beams, to be provided by the several counties when examined by said treasurer and found to be in conformity with the standard weights and measures, scales and beams, aforesaid. When any commodity shall be sold by the hundredweight, it Sec-* 61 ^ 1 11 i_ j j j. j.i. L -L.J- r 1_ j J Hundredweight shall be understood to mean the net weight of one hundred pounds avoirdupois; and all contracts concerning goods or com- modities 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, |^4^ of bushel 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 : ' Wheat Lbs. per bush. 60 Buckwheat Lbs. per bush. 42 Clover seed 60 Dried apples 28 Rye. .. *6 Peaches 28 Indian corn "?6 Potatoes 60 Oats 32 Apples. . 4.e Barley. . 46 Pears. .. A* 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. 1 For convenience in printing a slight change has been made in arrangement of these articles. 379 380 Laws Concerning Weights and Measures sec. 4622 A hop box shall be thirty-six inches long, thirty inches deep, and Dimensions of a hop * ... . . j t_ 11 boi eighteen inches wide, measurement upon the inside, and shall contain nineteen thousand four hundred and forty (19,440) cubic inches. S s c m l8 feise wei nts ^ an Y P erson snau knowingly use any false weight or measure, etc. 81 " '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, 1905, ch. 137. T na t a box of hops for picking purposes shall contain fifty pounds "'wight of hops wei S ht and no more - sess. Laws, i 9 it, ch. There is hereby created and established a standard size for apple I2 vS.'i 68 boxes for the State of Oregon. The standard size of an apple box shall be eighteen inches long, eleven and one half inches wide, ten and one half inches deep, inside measurement. s^cl&i size of DOT That tne special size of apple boxes shall be twenty inches long r eleven inches wide, and ten inches deep, inside measurement. iT^'asT' I9XI> ch ' It S ^ a ^ be unlawful for any person, firm, association, or corpo- s'ec. 3 ration to sell, offer or expose for sale any short weight butter Butter, full weight of within the State of Oregon. All butter sold, or exposed or offered roll, print or square re- .. , ,, . J .., . ., ,->,. , f f\ i it quired for sale in rolls, prints or squares within the State of Oregon shall quired 1 "" *" be 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 thereon; and any person, firm, association or corporation violating any of the provisions of this act, shall be deemed guilty of a misde- meanor 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 . Every square or roll of butter kept exposed or offered for sale or weight of butter so ^ m ^ e state of Oregon 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. io, ( a ) j vei y Jot, parcel, or package of commercial fertilizers or fertilizers; weight to mat erials to be used for manurial purposes (excepting the excreta be marked on package of domestic animals) 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 fertilizer is sold, Oregon 381 also the number of net pounds of fertilizer contained in the pack- ages, the name and address of the manufacturer, importer or dealer, the place of manufacture * * * . Any party selling, offering, or exposing for sale, any commercial fertilizer without the statement required by section one of this act, or with a label stating that said fertilizer contains a larger percent- age 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. * * * f? or the purpose of this act an article shall be deemed n L ^ s - I9 7 - <* I6? * i 1 1 to be misbranded Sec. 2 Misbranded 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, i 9 o s . P. 3 ss employe of a creamery, cheese, or condensed milk factory to Babcock test, false i , i j AI T i_ i determination by, un- mampulate, or under-read or over-read the Babcock test, or anyiawfui 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. PENNSYLVANIA No state office shall be continued or created for the inspection Const " ( ^; ) m or measuring of any merchandise, manufacture, or commodity; fngp e 2 c 7 tion of mer . but any county or municipality may appoint such officers, when chandise authorized by law. That the establishment of a Bureau of Standards be and is hereby . Laws, i 9 n. P . authorized, in the Department of Internal Affairs of Pennsylvania, "sec. i F.I < 1 < -i i 'f 11 Bureau of standards for the purpose of regulating and maintaining a uniform standard Department of inter- of legal weights and measures in this Commonwealth, to conform nal Afiai Legal weights measures and Duties with the original standards of weights and measures adopted by Congress, and verified by the National Bureau of Standards; and to assist in securing the enforcement of laws relating to sealers of weights and measures, now in force or that may hereafter be enacted. That as soon as practicable after the final passage and approval gy of of this act, the Secretary of Internal Affairs shall appoint a com- of 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 pur- 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 serv- ices rendered and work performed by him, or under his direction, in pursuance of this act; shall file in his office annual and other reports received from the local sealers ; and shall, on or before the thirtieth day of November in each year, submit a report in writing to the Secretary of Internal Affairs, for publication as a separate document in book form, setting forth, in sufficient detail, the work done in said bureau and the work reported to him by the local sealers, together with such other matter relating to that subject as may be deemed of value and interest to the citizens of this Com- monwealth. 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 bureau Annual report Salary -584 Laws Concerning Weights and Measures expenses incurred in the discharge of his official duties under 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. sec. 3 That in order to carry this act into effect, it shall be the duty of ^d clpTctty 811 '' 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 estab- 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. s That the sum of three thousand six hundred dollars is hereby n*xpenscs . , Appropriation specifically appropriated for traveling and other contingent expenses of said Bureau of Standards, for the two years commenc- ing June first one thousand nine hundred and eleven, or so much thereof as may be necessary. DfceT? so 7 2 Purdon s The standard of liquid measure shall be the -gallon, to contain ' ^ (1834) two hundred and thirty-one cubic inches, of the standard aforesaid, Measures of capacity and no more; 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. iteniard gallon and ^ shall De tne duty of the governor to procure, within three years bushel 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. HoV'standards to be ^- t s ^ a ^ ^ e l awlu l for the governor of this commonwealth, when verified he shall deem it expedient, to have tested the conformity of said positive standards of measure and weight to the foregoing pro- visions 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. 1 ds to be fur- Jt sha1 ^ be the ^ty * the governor to provide, within three years omnties after the passage of this act, for each of the counties of this Com- monwealth, at the charge of the counties respectively, positive 1 See P. L., 1911, act 842, sec. i, p. 383, this work. Pennsylvania 385 Sec to P rocure 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 care- fully compared with the State standards aforesaid, and made of the same material, and having caused the same to be duly stamped, to have them delivered 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- ties, at least once in every ten years and oftener if they have reason tlon . nd 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 here- tofore referred to. The governor of this commonwealth be and he is hereby author- ized to have prepared standards of weight, measure and capacity, specified in the act of assembly, passed April I5th, 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 to procure, as soon as practicable, suitable cases for the standards of weights and measures now in his office, 1 and to prescribe and publish the terms upon which standards, of approved construction, carefully compared with the state standards aforesaid, shall be furnished to the commissioners of the several counties of the com- monwealth, according to the directions of the act of I5th 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 the United States, and now in the office of the secretary of the commonwealth, 1 shall remain in the case provided for that pur- pose, which shall only be opened under the direction of the gov- ernor 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 purposes. Copies of such original standards, for general use, to be made of such materials as the governor and the said secretary shall !t?es to the 8everal direct, shall be transmitted by them, on application therefor, to the county commissioners of each county in this commonwealth, gec i standards to counties copies to be trans- 1 Care of standards transferred to the Chief of the Bureau of Standards by act 842, sec. 2, P. L., 19"- 8578 12 -- 2 5 -586 Laws Concerning Weights and Measures at the expense of the several counties to which the same are sent, and not otherwise. 1 The sa ^ 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 county commissioners. (1845, 1883) It shall be the duty of the county commissioners receiving such verification of county standards as aforesaid, and their successors in office, in every five years, and oftener, if they shall have reason to believe it neces- sary, to cause such standards so received by them or their prede- cessors in office, 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 i8 (rf-jo) All laws and supplements thereto, providing for the appoint - Acts 'tor appointment me nt of sealers of weights and measures in this commonwealth of sealers of weights i-.ii t 1 > and measures repealed be and they hereby are repealed. True'meridian to be The county commissioners of the several counties of this commonwealth are hereby authorized and directed, within two years from and after the passage of this act, to cause to be marked and established on some inalienable property belonging to the county, or on such property as the commissioners of the county may hereafter acquire for that purpose, at or near the seat of justice of the several counties, a true meridian line, and a fixed standard measure, of two or four pole chain, agreeing with and made after the measure of the standard yard now in the office of the secretary of the commonwealth; and the cost whereof to be paid out of the respective county treasuries. Notice thereof to be When the said true meridian lines, and the measures of the said fust n; thek' ey co r mpasses standard two or four pole chain, shall have been so marked and true beartags th to eb be established as aforesaid, the said county commissioners shall give noted in surveys public notice thereof, in one or more newspapers of their respective counties, or otherwise, for at least three successive weeks; and it shall be the duty of every land surveyor in this commonwealth, after such notice has been given as aforesaid, in the month of April in each year, to adjust and verify his compass by one of the said meridian lines, and to ascertain the variation of its needle from the true meridian, and his chain by one of the said measures 1 This act was repealed by the act of Mar. 22, 1859, sec. i, P. I,. 198, as to the counties of Franklin, Lan- caster, 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, Wash- ington, Cumberland, and Perry by the act of Apr. 2, 1860, 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. 3 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 courses of such surveys and line so as to show the true, and not the magnetic bearing, together with the date of such survey or tracing of lines. Any surveyor, after notice given as required by the provisions sec. ,i . ,, / i 11 r 1 .,i ,1 Penalty for surveying of this act, who shall neglect or refuse to comply with the require- with unadjusted com- , f ,1 . , , i . . . , A J 1 . * pass or chain 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 oi aforesaid to procure a book to be kept in their office; and every 8toners 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 33 (l834 whereof the yard as heretofore provided is the standard unit, with the relations thereof, shall be as follows : Twelve inches make one foot. Three feet make one yard. Five and a half yards make one rod, pole or perch. Forty rods make one furlong. Eight furlongs make one mile. The denominations of superficial measure of this commonwealth, oTsupernctai mas- whereof the square of the linear yard, as heretofore provided, is the 1 "* 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. Perch Forty square poles make one rood. Four square roods make one acre. Acrc Six hundred and forty acres make one square mile. The denominations of liquid measure of this commonwealth, fiqui 2 1 ter sentmg to have 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 amount are recoverable by law. sec. 7 i (/ * J7) The third and fifth sections of the act establishing a uniform to teTsc q e U itemeV m C Ai- standard of bituminous coal in Allegheny county, passed April 6th, egheny county Anno Domini 1850, be 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, ofuncus to regulate The select and common council of the cities of Pittsburg and the same by ordinance Allegheny, and the town councils of the incorporated boroughs in 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 (1853) in Allegheny county, who has had his wagon or cart weighed or weighing and brand- branded according to the provisions of the ordinance of thepit7sbSrg C o a rdtoMce councils of the city of Pittsburg of eighth March, one thousand sufflcient eight hundred 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 hundred 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 g^ 74 (l be and is hereby declared to be seventy-six pounds avoirdupois to of s j^ < m j d lou ^ ^ h ^ the bushel of merchantable coal. Allegheny city The select and common councils of the city of Allegheny are Se c -" f i i. i Councils may pass or- nereby authorized and empowered to pass ordinances to establish ^nances to install scales, or some other method to ascertain the weight of coal sold SC May "impose penai- within the limits of said city, and to regulate and compel persons te 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. fjgj^j The standard weight for coal in the borough of Greensburg, in gec (^52) 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, ^ and they are hereby authorized and empowered to pass such ordi- conation f nances as will be necessary to prevent the sale of coal in said bor- ough, 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 s^ ^ I866) coal, when sold by the bushel, shall be two thousand six hundred Bu ^' el of coke 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 3^ n (l8l9) for the measuring of lime in the city and county of Philadelphia, Measurement of iime and in the counties of Bucks, Montgomery, Delaware, Chester, 396 Laws Concerning Weights and Measures m^reused fbusbel ^ ancaster and York > sna11 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. Abutment oi It shall be the duty of the several courts of common pleas, measurer* within the city and counties aforesaid, to appoint one or more suitable persons in each of said counties, as to them shall appear Duties 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 county, and a certificate of such quali- fication, 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 Fee service he shall be entitled to receive twenty-five cents for each bushel so stamped or marked. sec.8i if an y person or persons, in the city or counties aforesaid, shall Penalty for violation , \ t ' 1 i i / .1 j- use, for the measuring 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. (1856) The standard bushel for the measurment of unslaked lime, in u e nsfaked lime; the county of Allegheny, shall contain two thousand one hundred and fifty, forty -two one-hundred ths cubic inches, even measure, sec. 8 3 lS It shall not be lawf ul for any person or persons engaged in the by^etho^nd 68 ' 6 ' " business of purchasing, collecting or furnishing shingles or hoop- poles, shaved hoops, straps, shucks, staves and heading, of any kind of material whatsoever, used in the manufacture of wooden vessels, to demand or deliver more than ten hundred pieces in num- ber for one thousand; and that when any or either of the above- mentioned articles of lumber be purchased or sold by the thou- sand, it shall be so considered, any custom or usage to the con- trary notwithstanding, sec. 8 4 (/57j) It shall be lawful for any persons having timber, boards or other Q saie of timber on the lumber upon the Ohio river, or any of its tributaries, in this state, to sell the same under any measurement they may agree upon, or under measurements which may be made by any person or per- sons whom they and their vendees, under contract, may select, any local law, usage or ordinance to the contrary notwithstand- ing: Provided, That square timber shall be measured with the usual five-inch hook, unless the parties shall otherwise contract. Pennsylvania 397 The governor be and he is hereby authorized and required to ap- Sec point a measurer of marble, whose duty it shall be faithfully to. Measurer of marble 1 1 1, .. . -'to be appointed measure all marble in the rough brought into the city and county Du "es 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 Sec 86 (z * w) onions shall be fifty pounds. onions* 11 * Ol a bushel f All acts or parts of acts inconsistent herewith are hereby re- , , * Sec. 87 pealed. Repeal From and after the passage of this act, the weight of a bushel gec ^ l8 ^ of potatoes, shall be fifty-six pounds. weight of bushel of All acts or parts of acts inconsistent herewith are hereby repealed. On and after the first day of August, Anno Domini one thousand (*(/) nine hundred and one, each and every keg of black blasting powder weight of kegs of used, manufactured or sold in and around the coal mines of this Sated 8ting powder Commonwealth, shall contain twenty-five pounds of said black blasting powder, standard weight; every one-half keg shall con- tain 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 derfetc. eight the number of pounds of powder contained in said keg. Any manufacturer or dealer in said black blasting powder, sec. 9 t making or selling, 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 fore- going section. It shall not be lawful for any other person, firm or corporation, wh'o 93 may not use save only such person, firm or corporation whose name shall be kega stamped on said kegs, to use any such stamped keg for the pur- pose of containing said black blasting powder. Any person, firm or corporation violating the provisions of sec- f^ly for tion three of this act shall be subject to a fine of not less than five use of ke a hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00). All acts or parts of acts inconsistent herewith are hereby repealed. 398 Laws Concerning Weights and Measures ^ (1817) X he standard dimensions of a cord of wood or bark for fuel, standard dimensions exposed to sale within the city and county of Philadelphia, shall Mcordofwooc la ' b / eight feet in length> four 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 Septem- ber next, that any wood brought to market shall be under the average length of four feet, including one-half the kerf, the defi- ciency shall be made up in breadth or height. sec. 9 6 From and after the first day of September next, all cord wood 1 brought to market within the city and county of Philadelphia, shall be at least four feet in length, including one-half the kerf, prang 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 purchase any wood for the purpose of seu < tor er roflt t to buy to se ^ m ^ *- ne same again, by which sale he may derive a compensa- tion or profit; and the same is hereby declared to be unlawful. tenure and forfeiture From an ^ 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 sum of ten dollars; and if any corder shall refuse or neglect to perform the duties enjoined upon him by this act, he shall for every such offense forfeit and pay the sum tioSX 8 for vtola " f 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, dis- trict or township in which the offense shall have been committed, and shall be one-half for the use of the person prosecuting for 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, , (1845) weights or measures, within the city or county of Philadelphia, Penalty for disregard- or county for which a sealer has been appointed, shall neglect or }^ r re uisition of re u - 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 measures, 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 purpose of buying or selling [by] the same. It shall be the duty of any person or persons offering dry meas- (^) ures for sale, within the limits of the city and county of Philadel- Penalty for selling un- phia, to have the same stamped and sealed by the proper officer phSId of said city and county, 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 Sec . the capacity thereof is diminished, after the same shall have been adjusted and sealed, or shall, in buying or selling, use any meas- ure 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 neg- lect 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 l^rd 1 may be re- himself or herself aggrieved by such conviction, may remove the moved by certlorari proceedings by certiorari to the next court of quarter sessions, 4OO Laws Concerning Weights and 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 com- mitted by the defendant. Sec- io One moiety of the forfeitures in money accruing and becoming Appropriation ol pen- , J ff . , . 1111 -1^-1 aities 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. io3 /55o) Whenever any description of manufactured goods, commonly short'weknt or me^re ca ^ e( ^ dry goods or groceries, shall be sold by the piece, in packages or by weight, and the said pieces or packages shall be marked or represented to contain a certain number of yards, pounds or ounces, and the same shall be sold as containing that number or weight, when in fact the said pieces or packages shall contain a less number of yards, or pounds or ounces, than so represented, the seller or manufacturer thereof shall forfeit and pay to the purchaser a sum equal to double the value of the quantity or weight found to be deficient, to be recovered by action of debt, in any court of law, or before any alderman or justice of the peace in this commonwealth, in the same manner that debts of like amount are now by law recoverable. sec. iol 7 weights - 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 measures NeVscaies, weights, that do not contain the stamp of the inspector shall, before using adjusted 811 them, notify the inspector of the district and have them tested, and all scales, weights or measures that cannot be adjusted by the inspector shall be removed and destroyed. 3 Any person, upon arrest and conviction before a magistrate or Sec -" justice of the peace for refusing to allow his scales, weights and measures to be inspected, shall be fined ten dollars and costs of Penalt y 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 provi- sions of the fifth section of this act, alter or cause to be altered his said inspected scales, weights and measures, so that they be de- creased 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. 1 By the act of Apr. n, 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 zi. Brown, 7 Dauphin Co. 235, 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. n, 1903, P. "L,. 166. 3 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. Murphy, 52 P. L. J. 198, 1904. 8578 12 26 402 Laws Concerning Weights and Measures sec. ii 3 All acts or parts of acts inconsistent herewith be and the same are hereby repealed. i 2 r u p b 'i6 S aws ' I903 ' Act That the sum of two thousand five hundred dollars, or so much intoTffe^thelwute thereof as may be necessary, be and the same is hereby specifically concerning inspectors appropriated to the Secretary of Internal Affairs, for the purpose of carrying 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 June, one thou- sand eight hundred and ninety -five. 1 sec. , ^ be ^ Each inspector shall be furnished with standard weights, meas- niSedwithstentods'ures and tests, by the Secretary of Internal Affairs of this Com- monwealth. Stewart's Purdon's The several kinds of grain hereafter mentioned, which are now Digest, i 3 th ed., voi. 2, usually Bought and sold by measure, shall, from and after the pass- sec. 6 (l8l8) ing of this act, be regulated according to the following standard bu s she\ dard wei * hts ' weight per bushel, to wit: The weight of each bushel of wheat shall be sixty pounds; of each bushel of rye or corn, fifty-eight pounds; of each bushel of barley, forty-seven pounds; of each bushel of buckwheat, forty-eight pounds; and of each bushel of oats, thirty-two pounds: Provided, That nothing in this act con- tained shall be so construed as to prevent any person or persons from selling and buying the several kinds of grain aforesaid by measure. (1845) The standard weight of rye and Indian corn in this common- standard weights per wealth shall be fifty-six pounds for each and every bushel thereof. Bach and every bushel of foreign salt shall be bought and sold by weight per bushel, in the manner following, to wit : The weight weight oi salt perf each bushel of coarse salt shall be eighty-five pounds, each bashcl bushel of ground salt, seventy pounds, and each bushel of fine salt, sixty-two pounds: Provided, nevertheless, That nothing herein contained shall be so construed as to prevent any person or persons from selling or buying the several kinds of salt aforesaid by measure. (i5p7) From and after the passage of this act the weight of a bushel of weight of a bushel of oats shall be thhty-two pounds. All acts or parts of acts inconsistent herewith are hereby re- Sec. 14 , j * Repeal pealed. pub. Laws. i8 77 . p. AH salt manufactured by evaporation, within the limits of this 4 weight of salt per commonwealth, and put in packages purporting to be a barrel, said barrel package shall contain two hundred and eighty (280) pounds of salt, and this exclusive of the weight of the package. 1 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 joined upon him by law, for every one hundred bushels of corn D ' iestf " I64S 62 and Salt, Seven Cents. les 6 for measuring By the deputies of the said measurer, for every one hundred salt 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 ^J^^^ sale within the city of Philadelphia any hay or straw by the balep- 1826 unless the exact gross and net weight shall be legibly and dis- tinctly marked on every such bale of hay or straw, under a penalty of ten dollars for each bale of hay or straw sold or offered for sale, on penaity in contravention of the provisions of this ordinance. Any person or persons within this commonwealth who shall sell, Sec 2 ('W* or cause to be sold or exchanged, in any manner whatsoever, . ena "y for fraud in i r 1-1 ,' baling hay and straw 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. The wood or other material used in baling cut hay shall not fee. 4 1 1 A. 1 J.-L- 1-^ ^1_ j.' Weight of baling ma- 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 J * i i ^^ 1 1 p Certain acts misde- its actual weight, or who shall use more than eight per centum of meaner its weight of wood or other material to hold it in bundle, shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than twenty-five dollars nor more than one hundred dollars, in the discretion of the court before whom conviction may be secured. All laws or parts of laws inconsistent herewith are hereby , repealed. That the several boards of county commissioners and the mayor Put>. Laws, i 9 u, P. of the several cities of the Commonwealth may, and are hereby au- a 'lec. i . 1 i r Weights and meas- thonzed to, appoint such numbers of competent persons as m-ures specters of weights and measures as they may deem proper to Inspect 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 proviso enacted with reference to weights and measures: Provided, That 8 pectors dlct n '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 municipalities as they apply to cities, within limits of their respective counties. Neither shall the city inspectors have any jurisdiction outside of their respective cities. and The compensation and expenses of such county 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 county and city inspectors so appointed shall be sup- plied, at the expense of their respective counties and cities, with standard tests of weights and measures, in conformity with those established by the Government of the United States or the Bureau of Standards of the State and the laws of this Commonwealth; and to ensure the accuracy of these tests they shall be compared with the standard tests to be purchased by the Secretary of Internal Affairs; and, when so compared and their correctness established, they shall be so stamped or marked in such manner as may be established by the rules and regulations, hereinbefore referred to, to be put in force by said Secretary of Internal Affairs and ap- proved by the Governor of the Commonwealth. The inspector shall take charge of and safely keep the standards. Where not otherwise provided by law, the inspectors shall have the inspection of weights, power, within their respective jurisdictions, to inspect, test, try, measures, etc. ^ j . . J ' and ascertain it they are correct, all weights, scales, beams, meas- ures of every kind, instruments or mechanical devices for measure- ment, and the 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 employe in determining the size, quantity, extent, area, or measurement of quantity, things, produce, articles for distribution or consumption, offered or sub- mitted 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 war- rant, 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 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, Custody of standards 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 sec. 3 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 Penalty 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 hun- dred 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 stand- Violation Ol ards, 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 p ena :ty 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 dis- cretion of the court. All acts or parts of acts inconsistent with the provisions of this sec. 4 j ,1 -L 1- i j Repeal act be and the same hereby are repealed. 79. Every borough within this commonwealth that hereafter * may be incorporated by an act of the general assembly, or by the p - ** court of quarter sessions of any county, shall have power Boroughs, powers of 5(fi 5JC 3f! 5JC SJC 5JC 5JC 97 XI. To make all needful regulations respecting markets andJSSJf, market-days, the hawking and peddling of market-produce andJJS 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. ******* 100 XII. To regulate annually the scales, weights and measures Power 2 to J regulate within the borough, according to the standard of the common- measures* 611 wealth. 2 62 . To regulate the weighing and measuring of every commodity stewart'f purdon's sold in the city, in all cases not otherwise provided by law; to f^ I3th ** vo1 - 3 provide for and regulate the inspection and weighing of hay, aJJ^JJJd ctassTc'orl grain and coal, and the measuring of wood and fuel, to be used porate powers of ' . , .. ' j To regulate the in the city, and to designate the place or places of the same; and weighing and measur- , , 1 M j_i 1 t > i ing of commodities; sale to regulate and prescribe the place or places for exposing for sale O f nay, coai, and wood hay, coal and wood, and to demand and receive reasonable fees 1 This act is prospective only. (Commonwealth v. Montrose Borough, 52 Pa. 391, 1866.) * The county sealer had jurisdiction within the borough, concurrently with the borough officer. ( Wilkes- barre v. Bloom, i L,uz. L. Obs, 148, 1861.) 406 Laws Concerning Weights and Measures for inspection, weighing and measuring, as aforesaid, and for the regulation and stamping of weights and measures. 1 stewart'f p) purdon' S 5. To regulate the weighing and measuring of every commodity Digest, I3 th ed. t vol. 3. sold m the city in all cases not otherwise provided by law; pro- p Municipal corpora- vide for and regulate the inspection and weighing of hay, grain Spate iwmnrf "and coal and the measuring of wood and fuel to be used in the ^weights ls 'city, and to designate the place or places of the same, and to regu- Hay. coal, and wood j ate an( j p rescr jb e 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 regu- lation and stamping of weights and measures. pub. Laws, I9 n, P. That in all cities of the first class throughout this Commonwealth, S3 sy 1 in the sale of anthracite coal by retail, every cart, wagon, or other Cities of the first class i 11111 *ii sale of anthracite vehicle used in delivering such coal shall be accompanied by a Delivery ticket delivery ticket for the purchaser, which shall state clearly the quantity of coal contained therein, the name of the purchaser or delivery address, name of the dealer by whom sold and delivered, and the name of the driver in charge. violations Any person, firm, or corporation who shall violate the provi- sions of this section, shall, on complaint of purchaser, be liable to Penalty a p ena fty 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. 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 territo- rial jurisdiction of which includes such city, to designate, by order public scales or decree, as public scales such stationary scales as may be recom- mended, provided, or located by such petitioners, with the con- sent of owner or lessee of same, to whom the court shall issue a ^official public weigh- cer tificate 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 peti- tion to the court, 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; 1 See the acts of June 26, 1895, P. L. 386, and Apr. n, 1903, P. I,. 165, supra. Municipal corporation, 245-251. relative to inspectors of scales, weights, and measures in cities of the first and second class, which were held unconstitutional in Commonwealth v. Brown, 7 Daugh. Co., 235, 1904. (See p. 41, this book.) Proviso Sec. 3 Bond of weigh-master Conditions Pennsylvania empty vehicles returning to such scales after delivery of the coal so weighed shall be reweighed without further charge. An index tadex 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 honestly 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 accurately entered, in ink, a memorandum of every load of coal weighed at such scales; showing the name of the person, firm, or corporation delivering said coal, and the name of the driver, or other person in charge of such delivery; the net weight thereof, as shown by the delivery ticket herein provided for, furnished by such person, firm, or corpo- ration, 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 official record such weigh-masters or their agents shall be copies of the entries contained therein, and shall be received in all the courts of this 407 Sec. 4 Scale book Entries Commonwealth as evidence of the facts therein required to be de ^ e tlflcate as evi- certified or entered. It shall be the duty of the county commis- sioners 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 com- missioners. 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 weighing or 408 Laws Concerning Weights and Measures Penalty Sec. 6 Rights of purchaser Weighing of coal Certificate 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 imprison- ment 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 de- livery 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 pur- chaser may also require that the cart, wagon, or conveyance, aforesaid, in which said coal is delivered, shall be taken by the weighing oi vehicle driver or person in charge thereof immediately back to said weigh- station, by the most direct route and without unnecessarily stop- ping 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, satis- factory, 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 corpora- tion 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 Proviso Proviso Cartage Refusal ol seller Sec. 7 Penalty Pennsylvania 409 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 Police 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 Refusal of driver 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 com- mitted by said justice of the peace or magistrate to the county prison, for a term not exceeding five days. Each and every magistrate or justice of the peace in cities of the first class shall keep a docket, in which shall be entered a full and complete record of the proceedings had before him for the viola- tion of any of the provisions of this act. All acts or parts of acts inconsistent or in conflict with this act sec. 9 Repeal are hereby repealed. This act shall take effect sixty days from the date of its approval. Sec - io That on and after the first day of July, one thousand nine 6 P ^ i*- w. act hundred and seven, it shall be unlawful for any person, firm, or 5 see. i 3 ,. re r i J j Milk > skim -milk, corporation to sell or offer for 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 m f^ ndardof 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 P^SO prevent the sale of milk, skim-milk, and cream by weight or per- centage 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. Sec. 2 Violation Penalty 410 Laws Concerning Weights and Measures All acts or parts of acts inconsistent herewith are hereby repealed. (7797) All loaf bread made for sale within this commonwealth, shall be DJ^SheE'voKsold by the pound avoirdupois; and every baker or other person p Bread to be sold b y offering the same for sale shall keep at his or her house, or at >ight 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; 1 and the person offending against this act shall, on conviction, forfeit Penalty an( j p av the S um of ten dollars for every such offense, one-half to the use of the informer, and the other half to the use of this com- monwealth; 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. of esTTth ed^oTi 8 It sna ll be unlawful for any person or persons to sell unopened p. 992 ' clams or oysters, within the city of Philadelphia, in any other way sec. 3 8 4 J 7 than by count or tale ; and the same shall be counted at the time be C soid S byoun y t S or r t S aieand place of sale and before delivery; and any person or persons in Philadelphia offending against this section shall be guilty of a misdemeanor, and Penalty upon conviction 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. Every barrel, bag, pail, parcel, or other package of concentrated 39 lec. i commercial feeding stuffs, as defined in section two of this act, merc?ai en feed e in g staffs used for feeding domestic animals, also condimental stock and poultry-food, and patented, proprietary, or trade-marked stock and poultry-food, possessing nutritive value combined with medic- inal 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 pounds of feeding-stuff contained therein, the name, brand, or trade mark under which the article is sold ; the name and address of the manu- facturer or importer, * * *. definition The term " concentrated 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, dried- molasses beet pulp, corn bran, clover meal, alfalfa meal, and feeds, 1 Act is still in force. (Johnson -a. Kolb, 3 W. N. C. 273, 1876; West Easton v. Zuck. 8 North Co. 117, 1901.) Pennsylvania molasses grains, molasses feeds, ground beef or fish scraps, and other animal and vegetable by-products, mixtures bearing dis- tinctive 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 trade- marked stock and poultry-food, possessing nutritive value com- bined 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 dis- tinct 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 Pub - Laws, 1909, p. for sale, for manurial purposes within this commonwealth, except 34 sec. i the dung of domestic animals, lime, marl, and wood ashes, shall uzs mi have plainly stamped thereon the name and address of the manu- facturer or importer and his place of business, the net weight of the 4 weight to be 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 construed to mean any and every substance imported, manufac- tured, 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 f or D the purpose of mining coal, shall be entitled to receive from his p - 2554 (lS8) employer, and failing to receive, then to collect, by due process of fee. 2 i ... Miners to be paid for law, at such weights as may have been agreed upon between the the quantity of coai employer and the employed, full and exact wages accruing to himz i e ed ' 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 weight oi bushel deemed one bushel, and two thousand pounds net, shall be deemed contracts for measur- one ton of coal : Provided, That nothing contained in this act shall Jng 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. 1 1 This proviso would seem to be repealed as to bituminous coal mines by the act of July 15, 1897, P. L. 286, infra 438-440. (See p. 412, this work.) 412 Laws Concerning Weights and Measures sec. 22 At every bituminous coal mine in this commonwealth, where Cars to be of uniform J ,, ^1111 1 capacity C oal is mined by measurement, all cars, filled by miners or their TO be branded bylaborers, shall be uniform in capacity at each mine; no unbranded car or cars shall enter the mine for a longer period than three months, without being branded by the mine inspector of the dis- Penaity for violation trict, wherein the mine is situated; and any owner or owners, or their agents, violating the provisions of this section, shall be sub- ject 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 receiv- ing notice from the check measurer or any five miners working in the mine, that a car or cars are not properly branded, or not uni- form 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 ne 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 1 shall be unlawful for any mine owner, lessee or operator of PJ I3 ed " v ' 3> any bituminous coal mine in this Commonwealth, employing miners sec. 43 8 J P- 928> P^ll. ized by sections 3569 and 3570 of the Revised Statutes of the T |"ff R ev. Law. i 9 o s United States, and at present in use in the Philippine Islands, Metric system estab- shall be continued. Equivalents 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: Abbreviations G. W. = gross weight. N. W. = net weight. Hectog. = hectogram. Kilo. = kilogram. Kilos. = kilograms. Hectol. = hectoliter. The fundamental system 01 weights and measures throughout comp.ofActsofphii. the Philippine Islands shall, subject to the qualifications herein- Com - ***> ch - 336, ,P. ,., f . ,, 1 J *.*_*." -j.1 *>: Act No. 1519, Phil. after contained, be the system known as the metric system, with com. the following Units : Fundamental system (a) The unit of length shall be the length at the temperature of ~M e eter, S unit length 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 Measures, or the length, at the temperature of zero degrees centigrade, of the inter- national 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. (6) The unit of area shall be either the square meter, or an area Are> unlt ' Mea of one hundred square meters known as the are. (c) The unit of cubical contents or capacity shall be either the Liter unit of capacity cubic meter, or the one-thousandth part thereof known as the liter. (d) The unit of weight shall be the weight at Manila of one- Gram, unit of weight millionth of a cubic meter of pure water at the temperature of four degrees centigrade, or the one-thousandth part of the standard kilogram certified to by the International Bureau 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. 413 414 Sec 2 Use of metric system authorized Sec 3 Until Jan. 1, 1909, units of weights Spanish avoirdupois ounce Spanish avoirdupois pound 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 Laws Concerning Weights and Measures 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 hundred 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 six- teen ounces that is, of four hundred and sixty grams. (c) As a unit of weight, the arroba of twenty-five Spanish avoir- dupois pounds that is, of eleven thousand five hundred grams. (d) As a unit of weight, the quintal of one hundred Spanish avoirdupois pounds that is, of forty-six thousand grams. (e) As a unit of weight, the picul (or pico) of one hundred and thirty-seven and one-half Spanish avoirdupois pounds 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. (g) Any scale or balance graduated in the above units. (K) 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 hun- dred 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 hundred and forty-two ten thousandths of a meter. (f) As a unit of capacity, the chupa of three hundred and sev- enty-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 hun- dred and seventy-five hundred thousandths of a liter. 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 liters. 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. (/>) 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- Square a braza dred and ninety-five thousandths square meters. (r) As a unit of area, the lon of one hundred square brazas ~ lota 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 baiita that is, of two thousand seven hundred and ninety-five square meters. (t) As a unit of area, the qui/km of ten thousand square brazas uinon that is, of twenty-seven thousand nine hundred and fifty square meters. (u) As a unit of area, the cavan of three thousand six hundred cavan square brazas that is, of ten thousand and sixty-two square meters. In all measurements involving the fixing of internal revenue on Se c a i culat in value of alcohol or its purchase and sale, the basis for calculating the value of said alcohol shall be its percentage purity by weight as deter- mined by its specific gravity: Provided, however, That the Gay- Lussac alcoholometer, which is standardized at fifteen degrees cen- |^ n | pi ^ ue of dis ~ 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 Num- bered 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 e 1 . j j_i i j i r * \L J Pub- Laws. 1907-1909, of weight and measures in the purchase and sale of manufactured vol. ,, act 1843. P. 4 lumber is authorized, and until the first day of January, nineteen m ^ C ufartu"ed lumber* hundred and nine, the use is authorized of any scale or balance untlljan-1>19 9 graduated in English 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 Philippine Islands before the date of the passage of this act. The English avoirdupois pound is equal to four hundred and English avoirdupois fifty three and six tenths grains. The Secretary of the Interior, at the request of the provincial fee. < j r J . j . , , - Eitension of time by board of any province, may extend in that province, for not more secretary oi 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 author- ized, 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 hundred and nine. 4i 6 Laws Concerning Weights and Measures sec. 7 The weights and measures herein authorized, together with such Legal weights ana . ., - 1 j measures simple multiples and submultiples thereof as are expressly desig- nated and recognized as such, shall be the only legal weights and sealing and licensing measures > m t k e Philippine Islands. These, and no others, shall be officially sealed and licensed. Metric system used The metric system shall be used in all official documents. No in an official documents we -g^ s or measure s except those of the metric system shall be employed in any contract, deed, or other document, publicly and pub?' Laws^^S officially attested: Provided always, That in ordering commodities vol. 7. act 1843, P. 48 ' or articles from other countries the standards of weights and measures commonly used in such countries in selling such com- modities or articles may be employed. And provided further, That in the purchase and sale of manu- factured lumber the English system of weights and measures may be employed. conertor of internal The Collector of Internal Revenue, with the approval of the revenue to procure dies, Secretary of Finance and Justice, shall decide what dies, stamps, stamps, etc., for sealing *~ t J. *. '. i 11 -u j r weights and measures brands, stencils, tags, or other appliances shall be used for sealing and marking weights and measures and shall procure the same together with such apparatus for sealing weights and measures 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. ures as 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. fundamental stand- The fundamental standard weights, measures, and instruments ards for determining specific gravity for the Philippine Islands shall be rea^o?science in Bu " 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 ard^ e c c om5arison s o? nd " Bureau of Science for such comparisons of secondary standards with the fundamental 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 desig- nated by an appropriate mark or seal to be selected by the Director certificate o f the Bureau of Science, and shall be accompanied by a certificate setting forth the variation of these secondary standards from the destruction^*" 011 and 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 ards s for ulfof public*" the Director o f 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 417 The Collector of Internal Revenue shall provide for the frequent fes't^g oi Govem- testing of all balances, scales, weights, and measures used in the ment balances - etc - Government work or maintained for public use by any province or municipality, 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 inspection and can- . r i j i bration of standards for the inspection and calibration of all provincial and municipal standards of weight and measure. The Purchasing Agent shall keep in stock a reasonable number f^ 1 ^ and meas . of such weights and measures as the Director of the Bureau of ures kept by purchasing Science shall decide are best adapted to serve as provincial and municipal standards, and shall sell such standards to provinces and and mu S nicipamie V s mc< municipalities at cost plus ten per centum. It shall be the duty of the inspectors of weights and measures ffut/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 collect 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 measures shall be the f^*^ 0| we ights duty of the provincial treasurers and their deputies and of the andmeasures ' dutiesof inspector of weights and measures 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 leaihis and licensing license without undue delay any scale or balance, weight or measure which fulfills the requirements of the law, and they shall further- more 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 weights and measures in any place are not promptly and satis- factorily sealed, or that any abuses connected with the sealing of 8578 12 27 4i 8 Laws Concerning Weights and Measures -notice to treasurer weights and measures 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 re port such notification and the causes thereof to the Executive secretary _ Secretary. All correct scales or balances, weights and measures authorized by this Act, and of such manufacture and in such condition that they furnish as little opportunity as possible for the commission of fraud, and satisfying all other requirements prescribed and pub- lished by tlie 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. is Charges for sealing weights and measures shall be made accord- charges for sealing . . . i_ j 1 weights and measures ing to the lOllOWing Schedule : for a linear meas- ( a ) p or a linear measure: Not over one and one-half meters, ur a a (d) For a scale or balance graduated wholly or partly in any system other than the 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. seaTldfree 01 weights ( e ) With each scale or balance a complete set of weights for use therewith shall be sealed free of charge. For each extra weight the charge shall be five centavos. Fees! 9 disposition of All f ees collected for sealing and inspecting weights and measures shall be considered as internal revenue and shall be disposed of as provided in section one hundred and forty-nine of Act Numbered 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 seven, no person who makes a practice of buying and selling goods *^vo\. ^t'^v. of any description may procure the sealing of any linear measure 48 Aiter Dec. 31, 1907 of any other system than the metric, unless he has had sealed me ^u a res, g etc? 1 ltaear 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 and^ 110 ^ sellers of manufactured lumber. lumber Payment for the sealing of scales and balances, weights and %" tor 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- 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 author- ized sealer or inspector of weights and measures. No scale, balance, weight, or measure offered for sealing, which ^Aect scales bai- is found by the sealer to be incorrect, or which otherwise fails to ances, 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 sec. a3 * J.1/-VH P T > 1-r-v , 1 i Stamps 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 P , t 11. 1 Record to be kept 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 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. f; If at any time the purposes of this Act are frustrated by the furcnase 01 weiguis j .< e 11 11-11 and measures by BU-^C^ o f suitable weights and measures for sale by public dealers reau of internal reve- . l1 /-AH, r T A -IT* '^1 nue at reasonable prices, the Collector of 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 sealers and inspectors 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 delivery. 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 detri- ment of other vendors of weights and measures. violations b Govern- A n y Insular, provincial, or municipal officer or employee charged ment officers and em- w ith 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 perpetra- tion of any fraud in the inspecting, or sealing, or use of weights and measures, or who fails to report to the proper authorities his knowl- edge 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 by both 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 Sec. 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 f 2 8 , scale or ^ scale or balance, weight or measure that has not been officially ^^wj^^- sealed within twelve months, or who fails to exhibit his license on cwdance'wiih law a 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 unl snment 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 *?, 2 * * Failure to present measures, who has in his possession any scale or balance, weight or scales, etc., for 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 addi- tional 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, bal- ances, weights, or measures without sealing until the same shall be sold or otherwise disposed of for actual use. 422 Laws Concerning Weights and Measures sec. 3 o Any person who, with fraudulent intent, alters any scale or Use of false scales, J f <, re 11 1 "j 1 etc. 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 pun- ished 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 imprison- ment in the discretion of the court. parent to informer Any person, except an internal-revenue agent or officer or other public official engaged in sealing or inspecting weights and meas- ures, 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 hundred 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 contract made before January i, 1907, shall be affected by when the provisions hereof. p! The volume of all round timber shall be ascertained by multi- pMcom.chii4, p! 48 |ec. 1149 plying the area of the small end by the length of the log. The ^Measurement of tim- vo i ume o f Q]\ squared 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 sawn 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. Phu.'com! f i9ot c p s T nat for tne purposes of this chapter an article shall also be s c - 8i8 ' deemed 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 measure 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 measure of capacity for liquids, 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 centiliters, and into one thou- sand equal parts called milliliters. A decaliter contains ten liters, a hectoliter 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 1,000 cubic decimeters; the cubic decimeter i ,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 million grams. Polit. Code. 1902 Sec. 230 Metric system estab- lished Sec. 231 The standard for measures of extension Sec. 232 Subdvisions Sec. 233 Multiples Sec. 234 Land measures Sec. 235 The unit of capacity Sec. 236 dec. 236 Subdivisions Sec. 237 Multiples Sec. 238 Cubic measure Sec. 239 Cubic measure Sec. 240 Unit of weight Sec. 241 Subdivisions Sec. 242 Multiples 433 424 Laws Concerning Weights and Measures atats tavolving Contracts made within 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. c e ustod 4 of the stand- The authorized standards shall be kept in the office of the ards U8 "Treasurer of Porto Rico and every city and village shall keep a set of regulating standards for purposes of verification. sec. 245 The Treasurer of Porto Rico shall exercise supervision over the wfighte e and s measures system of weights and measures and shall send an inspector to make investigations whenever he deems it advisable. sec. 24 6 The penalties for using, marking or stamping false weights and measures, or selling therewith, shall be as provided for in the Penal Code. penai code, 1902 * * * Kvery person who in putting up in any bale, bag, box, Sec. 474. as amended , J \ ti, a it by i*ws. 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 whatever for the purpose of fraudulently increasing the weight or measurement of such bale, bag, box, barrel or other package with intent thereby to sell the goods therein, or to enable another to sell the same, for more than the actual weight or meas- urement of such goods, is punishable by fine not less than twenty - five dollars for such offense, or confined in jail for not less than thirty days or by both fine and imprisonment in the discretion of the court. iaise 48 weights and A false weight or measure is one which does not conform to the measures standard established by law. penalty for using Every person who uses 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 lor marking Every person who knowingly marks or stamps false or short 1 packa e g!s ts n e " k " weight or measure, or false tare, on any cask or package, or know- ingly 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. i "weight and I n all sales of sugar, coal, and other commodities, usually sold st be given by ton or fractional parts thereof, the seller must give to the pur- chaser 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. penalty In all sales 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 vio- lating this section shall be punished by imprisonment not exceed- ing six months or by fine not exceeding two hundred dollars, or by both. measure must RHODE ISLAND The weights, measures and balances received from the United Gen l909t <*. States, and now in the custody of the state sealer, and such new 19 j!; e( P I 63 weights, measures and balances as shall be received from the m f a ? e a s rd a n d eig bai- United States as standard weights, measures and balances in addi- ances established tion thereto or in renewal thereof, shall be the authorized stand- ards 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^- ^.^amended by ances, who shall be sworn to the faithful performance of his duty. ^{^ 8ealer 0{ At the January session of the general assembly in the year A. D. weights, measures, and 1 i r- r, 1 ,1 P, j 1 VLI j.1 j balances 1911, 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 ap- pointed shall hold his office until the first day of February in the fifth year after his appointment. Any vacancy which may occur in said office when the senate is not in session shall be filled by the governor until the next session thereof, when he shall, with the advice and consent of the senate, appoint some person to fill such vacancy for the remainder of the term. The state sealer shall have the exclusive custody and control of gj^ , the state the standards so received by the state from the United States, sealer 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 furnished by the state to the various towns and cities, and shall keep a complete list of the same and shall see that they are kept in good order and repair. He shall also keep the standards belonging to the state, furnished by the United States, in perfect order, and shall keep a complete list of the same, and shall take a receipt for the same from his successor in office. His office shall be kept open at least two specified days in each week. He shall try, prove and seal all town standards of weights, measures and balances brought to him for that purpose, the compensation for which is hereinafter provided. The state sealer shall furnish a set of standards of weights, meas- fg-, standards for ures and balances, at such cost as he may deem proper, to each town^ 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 pounds, twenty-five pounds, twenty pounds, ten pounds, and five pounds; ten brass weights, avoirdupois standard, one each as follows: four pounds, two pounds, one pound, eight ounces, four ounces, one ounce, one-half ounce, one-quarter ounce, one-eighth ounce, one-sixteenth ounce; together with a suitable case or cabinet to contain the same. He Towns and cities to shall also furnish each town and city, at the expense of the said 3 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. inspection by the ^ e state sealer may, in the discharge of his duties, inspect the state sealer. Record weights, measures and balances of any person or persons, which aod report thereof j r 11- 1 j- are used for selling any goods, wares, merchandise or other com- modities, 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. Town sealer to send ^e sea * er f tne different towns and cities shall make an inven- state t seLer mnuany to ^ or y ^ ^ e we i n ts, measures and balances furnished by the state and the condition of the same, on a blank prepared for that pur- pose, in the month of October of each year, and shall forward the same to the state sealer of weights and measures. De C P u 7 ty town sealers The different town councils of the several towns, and the boards of aldermen of cities, may appoint, upon recommendation of their respective town or city sealers, one or more persons as deputy-seal- ers 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. to take Bvery town or city sealer shall, at the expense of his town or city, ,T^ a ?:P rovide therei P a suitable place for the safe keeping and preserva- ances 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 sealer 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 procure, at the expense of his town or city, a suit- able 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 lenity 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 ^^ a b d y ius the US* tried, adjusted and sealed by the state sealer, who shall receive as sealer compensation therefor the sum of fifteen dollars, which sum, to- gether with the necessary expenses incurred by him in so perform- ing 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 iwnseaiertoadver- town or city, advertise or post up notifications in public places in ^yjgf"^ Be s !| i n f different parts of his town or city, for every person engaged in the trade j r t. 11- i_i- -i. 1_ t-4. Annual sealing .trade of buying or selling, or as a public weigher, who uses weights and measures, to bring in within a certain time, in each notifica- tion limited, being not less than one month from the date of such notification, his weights, measures, balances and scales to be ad- justed 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 sec as amended 1 j. v I.-L. j- A.- -L. i r 1,4. by Pub. Laws, 1899, ch. is required to be given in the preceding section, the sealer of weights 6i 5 , P. i<6 . c ., , ,, . ., ... r iT Sealer to seal and measures in every town or city shall visit the places of busi- weights, measures, ness, and enter upon the carts, wagons, and other vehicles then in sci use for business, of all the persons engaged in the trade of buying and selling or of selling, who have weights, measures, or balances which have not been sealed during the current calendar year, and try, adjust, and seal the same. He shall go at least once in every six months to every hay scale, coal scale, wagon scale, 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- Itnauyoitownseaier tion the town or city sealer shall be fined a sum not exceeding for neglect oi duty 428 Laws Concerning Weights and Measures 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. sec. 14, as amended sea i e r of weights and measures, in any town or city shall ' J city sealers by Pub. Laws, 1896, . , . , ch. 354. P. 59 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 pounds 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 pounds, fifty cents; for every platform scale, of a capacity of five thousand pounds or more, one dollar; for every balance of a capac- ity 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 sealing coal and wood baskets he shall receive a fee of fifteen cents each, and for every charcoal basket, so sealed, twenty cents; he shall also have a reasonable compensation for all repairs, alterations, and adjustments which it may be necessary for him to make, made by him, and for the expenses incurred in 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, meas- ures, 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 pro- vided. 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 person engaged in the trade of buying and selling shall have etc., are prohibited and or permit to be kept at his place of business or upon any cart, wagon or other vehicle used by him in carrying on his business, any weight, measure or balance of whatever description which is Penalty Salary may be seized 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, meas- ures 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 who- ever removes said notice without the consent of the officec 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 b ,f e p' u 6 ' ifaw's 116 ^ selling, or as a public weigher, who shall use or permit to be used cfc.6is.andPub.' Laws! for him, or have in his possession at his place of business, or upon Penalty for use of ., x 1-1 1 1 11 i weights not sealed, and any cart, wagon, or other vehicle which is used by him in carrying for altering weights. on his business, or upon his person while engaged in his business, been seaied san 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 pro- visions 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 if - j.i 11 j f j 1 j.-u Penalty for fraudu- measure for a greater quantity than is actually delivered to the lent sale by weight or purchaser thereof, shall be fined not exceeding one hundred dol- m( lars or be imprisoned not exceeding three months. Every person who shall keep hay-scales or platform-balances s^- 18 f 11. 111 ,1 j 1 .L 1 1 ijj.i j_ Hay scales and plat- for public use shall cause the same to be tried and sealed at least form balances once in six months by a sworn sealer of weights and measures. Every person who shall keep hay-scales or platform-balances f^fty tor using for public use, or shall weigh or suffer to be weighed in such scales sameifnotsealed or balances any articles of merchandise, unless such scales or bal- 430 Laws Concerning Weights and Measures ances shall have been tried and sealed as provided in the preced- ing section, shall be fined one hundred dollars. sec. 20 Whenever the owner or keeper of such hay-scales or balances *?!a3 I ta' to 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 found correct, such mayor, president or persons so appointed shall try such scales or balances and seal the same if found correct; and in case of his neglect so to do, such owner or keeper shall be exempt from the fine prescribed in the next preceding section. sec. 21, as amended f he town councils of the several towns and the boards of alder- by Pub. Laws, 1899, . ., , t . , 1_ i_ ch. 6ii.p. 154 men of any city shall appoint one or more persons to be weighers ot?e i i^m l8 "' its being first weighed by a weigher provided for in section 2 1 of coai e or a oL f er r m e e"chln-this chapter, when the same shall be demanded by the purchaser, disc unweighed, when an( j procuring o. certificate of such weight for the purchaser, shall be fined twenty dollars for each offence. b^ub 2 La i ws < ^8 t ch i Coal, in quantities of one hundred pounds or more, shall be sold ^coa^'quantities ofky weight, and, except when sold by the cargo, two thousand 100 ibs. or more shaii pounds avoirdupois shall be the standard for the ton. Coal, in be sold by weight. In r . . . f i_jj j i_ 11 1_ U1_ quantities less than ioo quantities less than one hundred pounds, shall be sold by measure, jtatot %MMfaad shall be delivered to the purchaser thereof in the same bas- de xo 1 nofcoai kets or measures 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 bot- tom 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 lt . Sec - ^ as amended J , r . . ' ' by Pub. Laws, 1908. tub, vessel, or other measure not conforming to the provisions of ch. i S 8 3 , P . 137 .* i- ,. ,1 j.1 '-11 'ji Penalty for noncom- the preceding section, or not sealed as therein provided, with piiance with provisions intent to use the same or to permit the same to be used in measur- of ing coal sold or offered for sale, and any person who measures 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 pub ' LawsfTg^rfT Island shall be as follows : A bushel of l "regai 6 weight of cer- tain commodities Weight of bushel Apples Pounds. 48 Malt Pounds. Apples, dried Millet seed CQ Apple seed . 40 Oats 32 Barley 48 Onions CO Beans 60 Parsnips CO Beans, castor 46 Peaches 48 Beets co Peaches, dried Bran 20 Peas 60 Buckwheat 48 Peas, split. . 60 Carrots CO Potatoes 60 Charcoal 20 Potatoes, sweet Clover seed 60 Rye ^6 Coal 80 Rye meal CO Coke 40 Salt, fine eo Corn, shelled Salt, coarse 7O Corn, in the ear. . 70 Timothy seed 4.C. Corn meal CO Shorts 2O Cotton seed, upland Tomatoes 06 Cotton seed, Sea Island. . . . 44 Turnips . ... . co Flax seed e6 Wheat 60 Hemp 44 A barrel of flour shall contain . . 106 Hungarian seed CQ A ton of coal, net . . . 2, OOO Lime . . 70 A ton of coa , eross . . . 2, 24O Barrel Net ton Gross ton The state sealer of weights and measures and the city and town sec. 26. as enacted by c . , , . ,, ., . J j , Pub. Laws. 1899. ch. sealers of weights and measures in the various cities and towns 66 9 , P. 2 r ^ shall fee throughout the state, shall be, by virture of their respective offices, omclo 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- warrant son found violating any of the provisions of this chapter. This act shall take effect immediately. 1 In the original art 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 , ? cll - 6 L 8 aws> 1909 - ch> All casks which shall be gauged in this state shall be gauged by the method or rule commonly called "gauging by Gunter," com- puting the gallon at two hundred thirty-one cubic inches. Care shall be taken to ascertain, as near as may be practicable, the true average of the head and bung diameter, also of the internal length of the cask; its mean diameter shall be ascertained in accordance with the principles laid down in the work on the subject of gauging by Daniel Anthony, published in Providence in the year one thou- sand eight hundred seventeen. Feesfor gauging; and The fees for gauging a single cask shall be twenty-five cents, casks, how branded an( j f or g aU gi n g any number of casks not exceeding ten, ten cents each, and for any number above ten, seven cents each; the gauger 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 iraudu- Every person, not holding the office of gauger, 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 gauger 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 Every person who shall sell any commodity by any gauge or unofficial gauging gauge-mark, which shall not have been made by a gauger appointed under this chapter, shall forfeit the value of such com- modity sold. Gaugers in Provi- The city council of the city of Providence may, whenever they dence, how appointed deem it expedient, appoint for said city a gauger, who may appoint under him such deputy-gaugers 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 6 by u. s. gaug- Nothing in this chapter shall be so construed as to prevent the ers excepted sa i e o f an y commodity under the lawful gauge or gauge-mark of the United States by the inspector of such commodity. i5? e p.' s^i aws ' I909> h ' ^ wo nun dred pounds of beef shall be considered and taken as a 'weigh't of barrel of barrel of beef, and two hundred pounds of pork shall be considered beet or pork and taken as a barrel of pork. Gen. Laws, 1000, ch. TTT 1 r t 166. P. 567 Weighers of cotton may be annually elected by the city coun- weighers of cotton cils of the cities of Providence and Newport and by the town coun- cils of the several towns, respectively. AH cotton to be All cotton sold in the state, unless otherwise specially agreed, shall be weighed by the weighers so chosen. Duties of weighers Such weighers shall correctly weigh and record in a book to be kept for that purpose the weight of each bale of cotton, with the 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, numbers and weight of each bale. Such certificate shall be given to the seller of the cotton, and the f a 4 ot weighcrs weigher shall be paid for weighing and marking the same, on the delivery of the certificate, eight cents per bale, and for every duplicate certificate of not exceeding one hundred bales, fifty cents, and fifty cents for every additional one hundred bales. Every manufacturer of sewing-thread or persons engaged in I6 ^ e - ^| ws - 'w. ch. putting up thread on spools or in packages intended for sale shall, s'ec.'i .i* re j r rc 1 1 Sewing-thread, how 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 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 17 ^; s ^ 2 aws> I909> ch weight or slaughtered by any person, such person having con- weighable parts of tracted to account for the same to the owner or seller of the same, neat cattle shall be denominated "weighable;" namely, the whole of the sev- eral four quarters, the hide, horns and tallow. Every person Penalty for not slaughtering or weighing any neat-cattle and being obliged to account for the same to the owner or seller thereof as aforesaid, who shall not weigh and account for all those parts of such cattle denominated weighable as aforesaid, shall forfeit for every offense twenty dollars. The town weighers of neat-cattle shall weigh all parts of such f own weighers cattle made weighable by section one of this chapter, deducting therefrom for green weight not more than two pounds for every hundred pounds of the weight thereof. The fees of such weigher shall be twenty-five cents per head for f^ 4 fwelgher 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 I7 *j' s ^ 3 aws> I909> ch firkins or tubs shall brand or mark each one of the same with the |^ r tubs to be weight thereof and with the initial letters of his name, in a plain b it r ^ nded with and durable manner, before he offers the same for sale. 8578 12 28 434 Laws Concerning Weights and Measures late 'without brand No person shall offer for sale any butter by the firkin or tub prohibited unless each firkin and tub shall be branded or marked as afore- said. 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 pounds additional for the brine absorbed by the same, shall forfeit five dollars, unless there shall be a special contract in relation to the kind, quantity and quality of the article sold. sec. s Nuts and shelled beans and all kinds of berries, whenever sold Nuts, shelled beans, -iiiiijij AJ -L. and benies to be sold by measure shall be sold by dry measure. And any person who shall sell any nuts or shelled beans or any kind of berries by any penalty measure other than dry measure shall be fined not exceeding twenty dollars, one-half thereof to the use of the town or city in which the offense shall have been committed and one-half thereof to the com- plainant. Gen. i^ws^igog. ch. All milk, cream, and skimmed-milk shall be sold only by stand- I7 se?'i S7S ar( ^ w ^ ne measure, and by or in measures, cans, jars, bottles, or w^ U rnea=Jre "^ by ^ ner vesse ls or receptacles which shall, prior to being used in such w vesseis E to r 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 deliv- ding any of the same sold contrary hereto, shall be fined for the first offense not less than fifty dollars and not exceeding one hun- dred 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 milk, cream or skimmed-milk is sold and delivered to him is not of sufficient size or capacity to contain, by standard wine measure, the amount thereof purchased may apply to the sealer of weights and measures of the town in which such milk, cream, or skimmed-milk is deliv- ered to him, which sealer shall, upon the receipt of a fee of twenty- five cents therefor, test the capacity of the same and issue to such purchaser his certificate stating the capacity thereof, and if such capacity according to such certificate shall be less than the amount purchased, such purchaser may make complaint and deliver such certificate to any officer of such town authorized to make com- plaints for the violation of this chapter, who thereupon shall duly make complaint against and prosecute the person or persons sell- ing or delivering the same, for violation of this section. 435 All firewood offered for sale by the cord shall measure in quan- I7 f e p' j ws> I909> ch - tity equal to a cord of eight feet in length, four feet in width and gj. ' p . 1 -,, ' 1 I- i i? c .1 1 _e 11 1, Dimensions of a cord four feet m height, including one-half of the kerf, and be well of firewood stowed and closely laid together. . Every person who shall sell any fire-wood by the cord in any f^ for frau4 j ta quantity not well stowed and closely laid together, or who shall sale of flrewood 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 measuring charcoal brought into any sec. 4 , e j i -u 11 i, r x-u r 11 J- -j. Charcoal baskets town for sale shall be of the following dimensions to wit, nineteen inches in breadth in every part thereof, and seventeen and one- half inches deep, measuring from the highest part of the bottom of the basket perpendicularly to a level with the top of the basket. Every basket shall be sealed by the sealer of weights and meas- | ec - s t\+ J . ,1 1 11 11 Baskets to be sealed; ures of the town where the person so using the same shall usually ana wen 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 |^ a 6 lt for basket of other dimensions than as aforesaid, or not sealed as afore- unlawful baskets e said, shall be fined twenty dollars. The town councils of the several towns may appoint, as occa- ui awful baskets to sion may require, some suitable person or persons to seize and se- e seized, and users to Ii At. j.- 11 i i 1 e be prosecuted 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 Dtoensions of a bas- sold and delivered in baskets of the following dimensions, to wit : ket for sale of kindlin g s twenty-one inches in diameter at the top under the hoop, thir- teen inches in depth, measured from the highest part of the bot- tom 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 denned kets of said dimensions shall constitute one cord of sawed wood. Every person who shall sell or deliver any short-wood or kind- Penalty for sale by ling- wood in any basket not sealed, or of other dimensions than as unlaw{ul ' baskets provided in the preceding section, shall be fined twenty dollars. The town or city sealers of the several cities and towns, and such tfnse'aied baskets to persons as the town councils of the several towns may appoint, h?i use ze " 436 Laws Concerning Weights and Measures shall seize and secure all baskets used for measuring coal, short- wood, or kindling-wood, that shall not be sealed, or shall not be of the dimensions provided by law, and prosecute every person who shall be guilty of any violation of the provisions of the laws defining the size of such baskets. sec- 1 1 Every sealer of weights and measures who shall seal any bas- Penalty for sealing an , -J - ., , _ < ... . * ^ . / ,, unlawful basket ket not being of the lawful dimensions, shall be lined twenty dollars. cen. Laws, 1909, ch. Whenever fish are sold by measure for manure they shall be I7 s'e'i s83 measured in a barrel or half -barrel, the barrel containing twenty- ior M mTn r u?e?to S be eight gallons and the half-barrel fourteen gallons, which shell be sealed sealed by a sealer of weights and measures. Penalty for seaiin Every sealer of weights and measures who shall seal any barrel faiseiy or half-barrel which shall contain a less quantity than prescribed in the preceding section shall be fined fifty dollars. penalty for using un- Every person who shall measure any fish sold by the measure in sealed measure an y barrel or half-barrel not sealed according to the provisions of this chapter, shall be fined ten dollars for each offense. Acts and resolves. Every lot or parcel of commercial fertilizer, or material used for Jan. sess.. 1910, ch. 571, , J p-6 manurial purposes, excepting the dung of poultry and domestic commercial fertiiiz- animals in its usual condition, sold, offered, or exposed for sale ne s twe^ht rlabelgivingwitnin this state sha11 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 ch. 3 6, e p. e> 2 ' by the Congress of the United States. sec. ^f* J Such weights and measures as have been or may hereafter be gee.*? furnished this State by the government of the United States shall treasure^ 1 " 1 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 measures in this State shall be regulated. The Clerk of the Court of Common Pleas and the General Ses- sec. 1614 >..<-i 1 n r 1 1 t Clerks of court to sions of each County in this State shall furnish, and is required to keep; same to be pur- keep in his office, the weights and measures established by law, ch 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 municipal authorities of the cities and towns of this ^882,1900.1902) State of not less than ten thousand inhabitants be, and they are coai't^be weighed hereby, empowered to require all dealers in coal to weigh all coal on 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, Act 305,1910, p. & 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 public scales within such city or town, and to impose a charge therefor of not more than ten cents for each draft, one-half to be paid by the seller, and one-half to be paid by the buyer. Said municipal authorities may enforce the provisions of 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: Pro- Applies on i yto vided, That the provisions of this act shall apply only to Chester Chester county county. 437 438 Laws Concerning Weights and Measures sec ( i6? Jl I9 3) ^h e weight of a bushel of cotton seed shall be thirty pounds, weight of cotton seed except the seed of long staple cotton, of which the weight shall be bolted corn meal . r 1 1 A e iij_j 11111 forty-two pounds; and weight of unbolted corn meal shall be 5al forty-eight pounds per bushel; and the weight of bolted corn meal shall be forty-eight pounds per bushel. Act 85, 1903 The standard weight of a bushel of corn meal, whether bolted weight of bushel of or unbolted, shall be forty-eight pounds. Sec. *. as amended It shall be unlawful for any person or persons to pack for sale, b sale of'cn^meaiuid sell, or offer for sale, in this State, any corn meal or grist, except in bags or packages containing by standard weight two bushels, or one bushel, or one-half bushel, or one-fourth bushel, or one- eighth bushel respectively. Each bag or package of corn meal shall have plainly printed or marked thereon whether the meal is "bolted" or "unbolted," the amount it contains in bushels or fraction of a bushel, and the weight: Provided, 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. Any person or persons guilty of violating either of the fore- going sections of this Act shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished 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 Sec i ^ . . such quantity of flour or meal as upon inspection shall be found Quality of flour into be of the net weight of one hundred and ninety-six pounds; 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. vSec. I5 ( 7 f Z3) The City Council of Charleston shall have full power and >onto n rVuiate au *'k or ity to regulate and control the sale of grain by measure- ment or weight, or both, sold within the corporate limits of the city, in such manner as will insure a fair, equal and uniform sale and measurement of the same. of certain All oils, molasses, syrups, wines, vinegar and liquors, (not ^domestic) sold in the City of Charleston, either by the hogs- head, pipe, puncheon, barrel, cask, keg or tank, shall, before their delivery, be gauged by a sworn Gauger, elected by the City Council of Charleston, whose term of office shall be for four years. Iteeandtj Every barrel of pork or beef packed and sold in this State pork ! lnd n beef Da e neis of shall contain thirty gallons and two hundred pounds weight of 611 South Carolina 439 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 Act &>. 1906, P . 94 in a circular tub with straight sides, and straight, solid bottom, oyster measures 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 by said board or its lawful agents. * * * Each package containing oysters canned in this state, 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, and the number of bushels of clams contained therein, and the number of y stere . fc 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 Act 304,1910, p. 6i 3 stuff sold, offered or exposed for sale within this state shall have weight to be marked affixed thereto, or printed thereon in a conspicuous place on the stuff ac ges outside thereof, a legible and plainly printed statement, in the English language, clearly and truly certifying the weight of the package (provided that all concentrated commercial feeding stuffs shall be in standard weight bags or packages of 25, 50, 75, 100, 125, 150, 175 or 200 pounds); the name, brand or trade mark under which the article is sold; the name and address of the manufacturer, jobber or importer * * * The term "concentrated commercial feeding stuffs" shall be held to include all feeds used for live stock and poultry, except packages Laws Concerning Weights and Measures whole hays, straw, cotton-seed hulls and corn stover, when the same are not mixed with other materials; nor shall it apply to the unmixed 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 unmixed. Act 37 6. 1910, P. 704 That after the approval of this act, every package of commercial weight of package of fertilizer or fertilizing material, sold or offered for sale in this state, shall contain either one hundred pounds or two hundred pounds each, and the weight thereof plainly printed on such package. sec. 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 thirty days. Act 24 s. 1907. P. 5=8 That for the purposes of this act, an article shall also be deemed "Misbranded" de-to be misbranded: 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. ^cod^e, 1902, vol. i, art. ^11 ranging timber bought or sold in the markets of this State 21 Oto) shall be by board or superficial measurement ; and any person or R e uies > for measuring persons who shall buy or sell ranging timber in or for the markets of Charleston or Georgetown, or any other public market in the y the rule known as " side and edge measurement, " that is to say, by adding the side to the edge, multiplying by the length, and dividing by twelve [(side + edge) X length -f- twelve] shall be fined for every such act of buying or selling not less than one hundred dollars and not more than three hundred dollars. sec i& ^ timber shall be sold or purchased in the City of Charleston NO timber to be sold by any mode of measurement except that denominated board or except by board meas- ' A t / 1 1 < ,1 ,1 ure superficial measurement (unless by special contract between the parties) , which shall alone be done by the Inspectors or Surveyors of timber in the City of Charleston, inspectors elected The City Council of Charleston and the Town Councils of Beau- annuall y fort, Port Royal, and Georgetown, shall each elect annually, for their respective municipalities, one or more Inspectors and Sur- veyors 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 of inspector an d subscribe the following 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 liable to suit at the instance of the State of South Carolina, 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. ( /^f /5j0) measure all timber in the manner aforesaid brought for sale to the tfa^r ec ls rs h erefn s m- City of Charleston, at the request of any person owning or buying rected the same, and shall give a certificate to such person, specifying the quality, and kind, and quantity of such timber, and the number of pieces in each lot ; which certificate shall be evidence of the matters stated therein, as between the owner and purchasers thereof. But nothing herein contained shall prevent any person or persons from buying or selling timber in bulk without measurement. All timber and lumber brought to market for sale at the ports of Sec I6 f 77) Charleston, Port Royal, Beaufort, and Georgetown, shall be meas- sp e" t ^ ber by to itnsed ured and inspected by one of the licensed 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 fles 1607 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 cod^goz.voi.i.art. bales of unmanufactured cotton as an allowance for breakage or 2> (****, i8 7 s, isso) draft thereon is abolished; and all contracts made in relation to Ta c re is on cotton pro- such cotton shall be deemed and taken as referring to the true wi 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. (7 '0'. wo) .11 ' , ** ' . Sec. 1555, as amended sales made on plantations or at cotton mills, nor to the counties by ch. 3 8 3 . P. 716. acts of Charleston, Greenwood, Laurens, Berkeley, Spartanburg, Aiken, I9 Exceptiec. I558A, asamenu- J J . t it i t* TT t ed by act i 9 , sess., thousand inhabitants, as shown by the last preceding United 1 States census, and within the township in which such city is situ- ated, the purchase and sale of cotton in bales shall be regulated by the provisions of this section. The County Board of Commission- public cotton piat- ers shall cause to be maintained a public cotton platform adequate to hold not less than three thousand (3,000) bales of cotton, said platform to have a substantial roof, sufficient number of suitable scales, and to be located as accessibly as possible to the railroad, or railroads and to the neighboring cotton warehouse, or ware- houses 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, iien 6 ighei 1 9 I1L > 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 Commission- ers. 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 County 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 December 3ist, 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 purchase or sale, except in cotton from his own farm, and shall receive and charge for his services and the use of the platform, fifteen cents for each bale weighed by him, seven cents to be paid by the seller and eight cents to be paid by the buyer, and for such cotton as may remain on the platform for more than three days the said weigher shall collect an additional charge of one 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 plat- form for sale, and shall compensate himself for the cost of such insurance by deducting the amount thereof from the charge here- inafter 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 Commission- ers, which deputy shall take the usual oath of office, the bond of the cotton weigher being liable for the official acts of such deputy. The public cotton weigher shall weigh, inspect and sample before sale, every bale of cotton brought to said platform for sale, and no cotton shall be sold until after it has been so weighed and inspected. All cotton in bales weighed in such city or township for sale therein and purchased in such city or township at weights ascertained by weighing in such city or township (it being intended hereby not to include under the terms herein cotton bought upon weights stated in bills of lading of shipments to said city or town) , shall be brought to said platform for sale, and no cotton in bales shall be sold or purchased in such city, town or township, by any seller or pur- chaser 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 County Board of Commis- sioners 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 one- half the amount collected for cotton remaining on the platform 448 Laws Concerning Weights and Measures more than three days. All other moneys received by virture of the charges herein provided for shall be retained by the cotton weigher for his compensation and expenses. The County Board of Com- missioners 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. i S5 8b, as amend- Any and every person, for himself or his agent, and any cor- ifaws^fi^p. 1 *; Sess ' poration, who shall sell or buy in such city or township any cotton bale or bales contrary to the provisions of Section issSa, 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. s. 'i 03 ' I9IOp p ' 6l2 That from and after the approval of this act, it shall be unlawful m weight ot cotton* ^ OT an y P erson > fi rm or corporation engaged in the business of buy- ing 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. coton 5 ' ^gher 19 lor 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 county 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. * * * The said weigher shall enter into bond to the said county supervisor 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 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. * * * The 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 r l6 - I9I - p - 6 ^ be elected in each town in the county of Chesterfield, where cotton cotton weighers in , , ,. -111 11 1 1- towns in Chesterfield 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. * * * In 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 council shall have the right to fill said vacancy by appointment for the unexpired term. * * * The 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 inspec- tion 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. ^ ^ ^ 8578 12 2 9 SOUTH DAKOTA A bushel of each of the articles enumerated in this section shall ch R 2 ev - a P t L Code - I9 3> consist of the number of pounds avoirdupois respectively affixed sec^Wa'sTmended 1 . , by Sess. Laws 1901, p. to each, viz : * 3 i 4 Pounds. Oats 32 Legal weights oi the Onions 52 bushel Potatoes, Irish 60 Potatoes, sweet 46 Peas 60 Rye 56 Salt 80 Turnips 60 Timothy seed 42 Wheat 60 Spiltz 45 Pounds. Barley 48 Beans 60 Bran 20 Buckwheat 42 Beets 60 Broom corn seed 30 Corn, shelled 56 Corn 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- f^ 3I C urement, three hundred and forty-three cubic feet, after the same measure 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- five feet cubic measure. The Treasurer of this state shall procure and keep in his office at the capitol of the state the following standards of weights and measures, which shall conform in every practical particular to the 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 thirty- three standard feet in length, one yard measure, one foot measure, and one inch measure; also one one-hundred pound weight, one fifty pound weight, one twenty-five pound weight, one ten pound weight, one one-pound weight, one half-pound weight, one quarter- pound weight, one one-eighth of a pound, one one-sixteenth of a pound or one-ounce weight, one set of apothecaries' weights from one pound to one grain, one set of troy weights from one pound to one grain; besides such other scales, beams and balances as shall 1 For convenience in printing a slight change has been made in the arrangement of these articles. 45* hay, cubic Sec. 3169 Standards of weights nd measures to be ept by state treasurer Capacity Length Weight 452 Laws Concerning Weights and Measures be necessary to test other weights by these standards; which measures, scales, weights, beams and balances, are hereby declared scaie 9 and balances to be the legal stan( j ar( j s o f we ights 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 pro- vided for in section 3170, and said treasurer shall keep a record of all county weights, measures, beams and balances marked and tested by him. c^ty 7 commission- The county commissioners of each county are hereby authorized plicate** purchase du ~ to purchase such duplicates of the above enumerated weights and county standards measures as they shall deem necessary for the use of their respec- tive counties in carrying out the following provisions of this article, 4- which duplicates shall be paid for by the county and delivered to 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 pos- sess the same powers and perform the same duties under this arti- cle as the sheriff may, and may furnish such deputies with dupli- cates as the county commissioners may be willing to provide for their separate use, or may allow them to use those provided for Bond required himself . Each and every 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 condi- tion 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. IherlfHo test weights The sheriff as ex-officio sealer of weights and measures shall and measures fa j^e mon th of July in each year test by his duplicates all scales, weights and measures found by him in his county, used as pro- vided in section 3172 and shall give the person in charge thereof a certificate of the correctness thereof, if found to be correct; and if found 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 under this article. For Fees 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 Kinds and quantities t ,. XX-L rr -L L 1 1 i *. f of food, etc., sold with- resolution to that effect, what kinds and quantities of goods, rad matrons wcigbt8 wares, 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 3171, or under the conditions named in 3174. Any person believing any dealer is violating any of the provi- complaint on vioia- sions of this article or any subsequent resolution of the board of tionoflaw county commissioners made by authority hereof, may make com- plaints in writing to any sealer or deputy sealer and deposit with him five dollars, setting forth the particular facts of such viola- tion, 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 com- plained 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 Arrest 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 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 county commission- ers 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 desires to use any scale, weight or measure for computing the weights, measures, and quantity of any goods, wares, merchandise, produce, grain or 8 " live stock to be bought or sold by him or them in greater quan- tity than those provided in the resolutions of the county com- missioners 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 liable only for damages in a civil action. b^&'iiwTSSylS 1 ^ h * s art ^ e as to Sections 3170, 3171, 3172. 3 J 73 and 3174, 2 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 hundred dollars for each and every offense. ^SmSS^^A * * * That for the purpose of this act an article shall also I9 & C 6 I3> p ' " lSec ' ' ke 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 para- graph, sess. Laws. 1911. ch. The term "concentrated commercial feeding stuffs" as used in 238, p. 413 . ^ sec. I this act, shall be held to include all feeding stuffs used for feeding Feeding stuffs; defl- ,. ' , 11-1 nitionof live stock and poultry, except whole, unmixed seeds or grams, whole hays, straws and corn stover. ito<* food; definition / "^ ie term " stock f ood " as used in this act, shall be held to <* 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, condi- tioner, remedy, or under whatever name it be sold, feeding stuffs to have Any manufacturer, company, person or persons who shall sell net weight marked offer or expose for sale or for distribution in this state, any con- centrated commercial feeding stuff, shall furnish with each ship- ment, 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 concen- trated 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 mar- ket; * * * . Every lot, parcel or package of stock food as defined in section * 7 2 ,, / rr j j r j- .L 't> j -xi.' Stock food to have net 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 mar- ket; * * * . TENNESSEE The standards of weights and measures in this state shall be the Ig h |f j ^ I Code> same as those adopted by the government of the United States, 17. P. 794 ' ' e ' in accordance with the joint resolution of congress, approved June sec. s^f/ 5 "^ 24, 1836, copies of which are in the care of the superintendent of and t masures f weights weights and measures, in the capitol; that is to say: (1) The standard of length, a copy of a brass scale in the office LenKth of weights and measures 1 in Washington, one yard or thirty-six inches in length, at the temperature of sixty-two degrees Fahren- heit. (2) The standard of liquid measures, a gallon containing two Liquid measur hundred and thirty-one cubic inches such as are shown on the sub- divisions of the yard. (3) The standard of dry measure, a bushel containing two Dry measure thousand one hundred and fifty and forty-two hundredths of such cubic inches. (4) The standard of weights for the precious metals, jewels, etc., Wei ht a copy of the troy pound of the United States mint, containing five thousand seven hundred and sixty grains; the standard of com- mercial weights, the avoirdupois pound, containing seven thousand of such grains. He (the Superintendent of the Capitol) shall take charge of the Code / I J j Jgjpt. : title standard weights and measures which have been received from thea.ch. 2^art.6 tP . i&& 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 office, 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 ItSe 3 standards, how of county and city standards and scientific purposes. used The governor shall cause to be made, under the direction of the superintendent, a set of standard weights and measures for each county of the state, in conformity to said state standards, and the superintendent shall adjust and verify them thereby as often as necessary. 1 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 The county standards are not to be used except for the adjust- rds> ment and verification of the substitutes which the governor shall cause to be made, under 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.i896.pt. i. title There shall be a standard keeper and sealer of weights and 3 'se 1 c.57s P 23S measures in each county of the state, who shall be appointed by kefpe u r n and 8 s t etier dard the county court, 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 well qualified can be procured. sec. 578 The corporate authorities of any city or town may appoint keeper 1101 a standard sealer and keeper of weights and measures for such city or town, procuring 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. S79 (i) To take charge, and to use every precaution for the perfect keeper 68 ' 8tandard preservation, of the standards furnished by the state, so as to 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 deliver 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 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 county court, or chief magistrate of the city or town. No person, except the standard keeper and sealer, shall use a see. s si seal, brand or mark, such as is above directed, for marking and sealing. No apparatus used for weighing shall be sealed which shall not sec. 582 . * c * ., ..... r-i j 1 j j Apparatus when not weigh accurately within one-fourth of a pound in one hundred, sealed. Limits of error The following shall be the legal and uniform standard of weights Code - **><> PP- 794- and measures in this state for the sale and purchase of the follow- dssr) ing named products of the farm, orchard, and garden, and articles Tablet weights and of merchandise, to wit : 1 Apples, green bush, per bbl. . 2$ Do Ibs. per bush . . 50 Apples, dried do. ... 24 Apple seed do .... 40 Barley do .... 48 Beans, dried do .... 60 Beans, green, in pods do. ... 30 Do bush, per bbl . . z], Beans, castor Ibs. per bush. . 46 Beef, net Ibs. per bbl. . 200 Beets Ibs. per bush . . 50 Blackberries do. ... 48 Blackberries, dried do. ... 28 Blue grass seed do .... 14 Bran do. ... 20 Broom corn seed do .... 42 Buckwheat do .... 50 Cabbage do. ... 50 Canary seed do. ... 60 Carrots do. ... 50 Cement do .... 80 Charcoal do. ... 22 Cherries, with stems do. ... 56 Cherries, without stems do. ... 64 Chestnuts do .... 50 Clover seed, red and white, .do. ... 60 Coal, stone do. ... 80 Coke do .... 40 Corn, shelled do. ... 56 Corn, in the ear, shucked. . .do. ... 70 Corn, in ear, with shucks. . . .do. . . . 74 Corn, green, with shucks. . . .do. . . . 100 Do bush, per bbl. . 2], Corn, matured, with shucks . do . ... 5 Corn, pop Ibs. per bush . . 70 Cornmeal, unbolted do. ... 48 Cornmeal, bolted do. ... 50 Cotton seed do .... 28 Cucumbers do .... 48 Fish Ibs. per bbl . . 200 Flax seed Ibs. per bush . . 56 Flour Ibs. per bbl. . 196 Gooseberries Ibs. per bush . . 48 Grapes, with stems do. ... 48 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 . . Ibs. per bush . . Melon, cantaloupe . bush, per bbl . . Millet, German, seed, pounds per bushel Millet, Missouri. . . .Ibs. 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, in hull do Peas, green, in hull, bushels per barrel Pieplant Ibs. per bush. . Plums do .... Pork, net Ibs. per bbl. . Potatoes, Irish Ibs. per bush. . Potatoes, Irish bush, per bbl. . Potatoes, sweet do .... Potatoes, sweet. . . .Ibs. per bush. . Quinces, matured do. . . . Raspberries do .... Redtop seed .do .... Legal weights of bar- , rels or bushels of va- 00 rious products 44 5 62 5 48 100 80 40 42 5 5 5 5 32 32 56 28 14 33 So 5 26 23 60 3 5 64 *Y* 5 48 48 14 Legal weights per barrel or bushel of va- rious products 1 For convenience in printing, a slight change has been made in arrangement of these articles. 464 Laws Concerning Weights and Measures Rye seed Ibs. per bush. . 56 Rye grass (Italian) seed do .... 20 Sage do 4 Salads, turnips, kale do. ... 30 Salads, mustard, spinach . . .do. . . . 30 Strawberries Ibs. per bush . . 48 Timothy seed do 45 Tomatoes do .... 56 Turnips bush, per bbl . . 2% Turnips Ibs. per bush . . 50 Velvet grass seed do .... 7 Walnuts do. ... 50 Wheat.. ..do.. 60 Salt do 50 Sorghum molasses. . .Ibs. per gal. . 12 Sorghum seed Ibs. per bush. . 50 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. 3 4 ( 7 J 6 W) It shall be unlawful to buy or sell any of the products of the violation a misde-f ar orchard, or garden, or articles of merchandise, mentioned nictu lor , penally ^ ^ 1 1 1 -t < 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 account of keg or barrel, without allowing value of same. Any person violating this section, or any part thereof, shall be guilty of a misdemeanor, and shall be fined not less than five dollars nor more than fifty dollars for each offense. Sec. a^ 1 ? 57 "^ Every person keeping any store, grocery, warehouse, merchant P rVv p e a d ra and S sealed m ^> commission house, railroad depot, or any scales or apparatus yearly f or weighing or measuring for the public, shall, once in each year, have the weights, measures, and other apparatus used by him proved and sealed. r neglect F r every neglect to comply with this provision, the delinquent shall be liable 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. apparatus Every person not enumerated in section 3477, who shall use prohibited weights, measures, or other apparatus in buying or selling which have not been once sealed as required by law, shall be subject to a penalty of one dollar and costs, recoverable as above, and ^ an 7 person use such weights, measures, and apparatus which costs have not been sealed according to law, or which have been altered after being sealed, whereby any person shall be defrauded, he shall be subject to an action at law, in which the person defrauded shall recover three times the amount of damages and costs, chains Every surveyor shall have the chains or other measures used by him in conformity with the standard. legal- ^ snau ^e lawful throughout the United States of America to ed 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. fabiefof weights and The tables in the schedule hereto annexed shall be recognized easures i n tjie construction of contracts, 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. 1 The secretary of the treasury shall furnish each state, to be M^fVystem iur- delivered to the governor thereof, one set of the standard weights ntehed states and measures of the metric system for the use of the states respec- tively. (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 ^^^ ^j^' 3> title receive, for sealing, fifteen cents. lchediiieof fees The fees of a standard keeper and sealer of weights and meas- ures 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. 10 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 t^^Mbie compen- materials employed in making or attempting to make such Rights 'and 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 ^ 64 ( 2 ^ o) 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 : * * * Code ^ 7) pt 3 ti1Je (14) For weights and measures. 7. ch. 3 '. P. 1491 T p ir 1 Sec. 6045 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, a&k. 4 , title transaction, it shall be a misdemeanor. ''s^. 6 ^* 643 The magistrate granting the warrant of arrest for the offense v described in the last section, shall also direct the seizure of the false sec. 6 73 s 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 1 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 county treasury. code, 1896. ch. io, p. Every packer of flour or kiln-dried meal shall put into a barrel 779 (1801) the full quantity of one hundred and ninety-six pounds of flour, cTnto 3 nts of flour bar- and into every half barrel the full quantity of ninety-eight pounds of flour. code. 1896, ch. ii, p. The proprietor 1 will keep good and sufficient scales for weighing (1870-1) tobacco, which shall be tested at the beginning of each tobacco Tobacco 8 scales, and year, and every three months thereafter, by the keeper and sealer of weights for the county, and at the time when written application is made by two or more planters or burghers. code, fc^ch. la, p. Millers shall keep in their mills the following sealed measures: 79^ One half bushel, one peck, and proper toll dishes for each measure. Measures Every owner keeping a mill, either by himself, servant, or lessee, Faise 4 toii dishes who shall be convicted of keeping false toll dishes, shall forfeit and pay to the party injured ten dollars, to be recovered before any jus- tice of the peace in the county. code, 1896, ch. 14, p. Any person selling salt or sugar by the barrel, sack, or bag, (1839-40) purporting by the marks or brands to contain a certain number of Iaua 4 nd sugar, seii- pounds or bushels, when in fact the quantity falls short of the tag by mark! amount 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. (its?) At every coal or other mine in this state, where coal or other Code, 1896, art. 3, pp. . J . . . 194-195 minerals are mined by weight or measure, the miners, or a majority Duties 9 oi check- of those present at a meeting called for that purpose, shall have the right to employ a competent person as check weighman or check measurer, as the case may require, who shall be permitted at all times to be present at the weighing or measuring of coal, also have power to weigh or measure the same, and, during the regular work- ing hours, to have the privilege to balance and examine the scales or measure the cars; Provided, That all such balancing or examina- tion 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 f^her duties; d- to credit each miner with all merchantable coal or other mineral fences, how 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 unless the miners discharge their check weighman. 6 Pickle, 580.] Should any weighman, agent, or check measurer, whether f^ify 1 f or i nc0 rrect employed by operators or miners, knowingly or wilfully adopt weiglling or measuring or take more or less pounds for a bushel or ton than is now pro- vided 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 77 ode> l896 - ch - 9 - p - for exportation shall be made of well seasoned timber, the staves g^ ( 7< * or ) not less than half an inch thick, and the heads not less than three- casks 3 , 7 spedficationa quarters of an inch thick when wrought, the heading well dow- died, the cask to have twelve good and substantial hoops, securely nailed or pinned, and to be perfectly tight, and capable of hold- ing said articles in a liquid state. Each barrel shall contain not more than thirty gallons, and | ec - W 2 . 1 1 IP 1 -i rfA 11 Barrel and half bar- each half barrel fifteen gallons. i Casks intended to contain flour or meal for exportation shall be Sec <^H^) made of good seasoned materials, tightened with ten hoops, suf- F1 r barrel > how to 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 Mtedemeanor to alter stamp, brand, or mark on any cask, package, box, or bale con- br taining merchandise or produce, made by a public officer 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 6 ( 7 I *o 5^, 10, 25, 50, 75, 100, 125, 150, 175, or 200 pounds); the name, brand, or trade-mark under which the article is sold; the name and address of the manufacturer, jobber, or im- porter; * * * . That the term "concentrated commercial feeding stuffs" shall be held to include all feeds used for live stock and poultry, except whole hays, straws, and cornstover, when the same are not mixed with other materials; nor shall 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 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 T Rev i - s * at - l8g s. government of the United States is hereby declared the only legal (*W) standard of weights and measures in this state. Legkiitandard The following shall be the legal number of pounds per bushel: 1 Art. 5323 as amended Wheat ............................ 60 Corn, shelled ...................... 56 Corn in the ear, shucked .......... 70 Corn, unshucked, in the ear ......... 72 Oats ............................. 32 Barley ............................ 48 Rye ............................... 56 Buckwheat ....................... 42 White beans ...................... 60 Irish potatoes .................... 60 Sweet potatoes .................... 55 Onions ............................ 57 Turnips .......................... 55 Dried apples ....................... 28 Dried peaches ...... q ............. 28 1901 Pounds. 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 Art S3 ( 2 ^ j5) state, a set of weights and measures in conformity with the stand- sta ^ v a e r s or to 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 ^rt. ^^ co ieg to weights and measures to be made under such appropriate seal as counties he may adopt, and to deliver or cause to be delivered, after the inspection and approval of some competent person by him ap- pointed 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 53 889) tory is hereby authorized to sell sets or parts of sets of standard t^^SfSS^f **' 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 ^g to pay {or several commissioners' courts to appropriate a sufficient amount same of money to enable the county judges of the respective counties 1 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 counties, weWand means' and said county judges shall take charge of and keep the same. Art a?* The commissioners' courts of the several counties are authorized License to make and an( j directed to grant a license to such suitable person or persons as they may think proper to make and vend weights and measures agreeing with the standard furnished by the governor, under such rules and regulations as they may think proper to prescribe; pro- vided, however, that no such weights and measures shall be sold or distributed unless the same have been first examined and approved by the commissioners' courts, or some competent person under their direction and approval. Art. 5329* J I9 5 ' ch Mil1 products hereinafter mentioned shall have the following weight of stan( *ard weights, viz: Flour, one hundred and ninety-six pounds flour, etc. per barrel, or forty-eight pounds per sack; corn 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. IrS' 2 weight to be The correct 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 S^Hf 48 not to be /. , , , . * .., ... . . & sold without stamp any of such products so packed or contained until the provisions hereof have been complied with. If any person shall knowingly violate the provisions of this Act, f^ lty 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 and i4 J s i 9 5 Civ ' stat " other provisions, whiskey, and other liquors to be sold in barrels, Art 4 ^ 87s) hogsheads, and other vessels and packages; to appoint weighers, Powers of the coun- ,. , '1 i 1 *" May regulate in- gaugers and inspectors, and prescribe their duties and regulate spection, etc., of pro- TV f visions their fees. To regulate the weight and quality of the bread to be sold or used Ma/^reguiate the within the city. Jgg* * The Governor is hereby authorized and required to appoint st ^ pp I9 ^ five persons as public weighers in every city which receives annually 463 one hundred thousand bales of cotton on sale or for shipment. In sec. 4308 " all of the counties in this state in which there are no city or cities e i A ect iTn* oV public in which the governor is authorized to appoint public weighers, welehers the commissioners' court of said county, when presented with a petition signed by a majority of the qualified voters of any justice precinct in their county, 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 court, and should they appoint a public 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 public weigher, in the manner and form governing the election of other precinct officers; provided, the majority of the qualified 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 unless he shall be a qualified elector in the city or justice precinct for which he is appointed or elected. 474 Laws Concerning Weights and Measures Length ei term ^11 public weighers 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 inccrnpetency office; provided, no person shall be appointed or elected public weigher or deputy public 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 sub- how b efiected ntofoffice '^^ v ^ s ^ on thereof that has an elective weigher, may wish to abolish said office of public weigher, the commissioners' court of said county shall, upon petition to abolish said office, signed by quali- fied 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 public weigher of the county or subdivision named in the petition shall be abolished or not. Said election shall be held in the same manner as other elec- tions, and if a majority of the votes of the county or subdivision of the county ordering said election shall be cast in favor of abol- ishing any office of public weigher, the commissioners' court shall declare such office to be abolished within thirty days after the two yea*"' '"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 public weigher has been created. sec. 43 ( io poj) When a person is appointed or elected public weigher and wSghera 6 * ' public sna U nave qualified 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. baTes,?" k welght OI He shall prepare a convenient place or places of easy access to the public 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 indelible pencil, setting forth the weights of such cotton, wool, sugar, hay, pecans or grain weighed by him, over his official signature. * * * May 4 a 3 ppoint deputies The public weighers 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; pro- vided, that no public weigher shall appoint deputies for any place or places not situated in the city or justice precinct for which he is elected or appointed. The public weigher for any justice pre- To ^ appointed on cinct shall on request of twenty bona fide citizens of any town,P etition 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 public weighers shall take the oath required of oath and bond of ^1 1 1 j.1 i ii_ j deputies 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 public weighers appointed or elected under the provisions Ihk'if keep accurate of this act shall keep accurate and well adjusted scales and bal- 8 ** 163 ances and give accurate weights, and shall have the same tested and certified to as provided by law. All public 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 fj^j* commlsslon other person or persons, to employ any other than a public weigher merchant not to em- . ,' i -i ?i_ Ploy ot 1161 weigher or his deputies to weigh cotton, wool, sugar, hay or grain, or other produce sold or offered for sale in any city or justice precinct having a public weigher duly qualified, and any person or persons ta weigher may sue vio- violating this provision shall be liable at the suit of the public 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 unlawfully weighed, to be recovered in any court having jurisdiction thereof. Public weighers appointed or elected under the provisions of f^s 4315 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 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. * * * Nothing in this Act shall prevent any person, firm or corpora- from weighing his own cotton, wool, sugar, hay, grain or owne 3 r l6 may weigh pecans in person, providing that in places where there are no own cotton public 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 bond with at least two good and sufficient sureties in the sum of twenty-five hundred dollars ($2500), approved and payable as in the case of public weighers referred to in this chapter, and con- ditioned that he will faithfully perform the duties of his office and turn over all property weighed by him on demand of the owner; Not applicable to mer- provided, that this Article shall not apply to merchant flouring chant flouring mills r rr>9 mills. Art. 43'6a Any weigher who qualifies under Article 4^16 of this chapter Liable for damages, j i i , * .tt. r -1 A i -xi_ when and shall violate any of the provisions or fail to comply with any of such provisions shall be liable at the suit of any person injured, upon his bond for damages that may have accrued to such person by such violation or failure. Art. 43i6b Any person who shall weigh or offer to weigh any cotton, wool, Failure to comply; J r ,., . r ,., , ,. .,/ , . penalty for sugar, or hides for compensation for the public 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 exceed- ing two hundred dollars. Gen. Laws, i 9 n, ch. That the owners, lessees, operators or receivers of all cotton sec. i gins, in this State, shall stamp or write, upon each and every bale Weight of bagging - . j 1 , i .c ' xt. -Ux rj.1. u and ties used on cotton of cotton ginned by them, in plain figures, the weight ofthebag- nere e " "** ** ***' ging and ties in which the cotton is wrapped, said figures to be written or stamped with indelible ink, and shall be not less than four inches in height and three inches in width, and shall be pre- ceded by the word, " tare," written or stamped upon the bale with indelible ink, the letters composing said word to be not less than penalty tor violation four inches in height and three inches in width. Any person wil- fully 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. a That the owners, lessees, operators or receivers of all cotton Weight of bagging . ,, . , in-, i j and ties to be replaced, compresses in this State, shall wnte 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 compliance 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 Pen aity for 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. Each bale of cotton ginned and each bale of cotton compressed l^ate offense- without having placed thereon the word and figures as provided what conslitutcs in sections i and 2, respectively, of this act, shall constitute a separate offense. It shall be unlawful for any person, firm, corporation, cotton Greater deduction tor exchange or board of trade, to make a greater deduction for tare, tere unlawftl1 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 Mte&meanor 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 Pen *ity 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 i^ rate offense, made, than is shown by the figures written or stamped upon same, what cons ' u tes shall constitute a separate offense. The crowded condition of the calendars of both Houses, and the f^ect 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 IO J^; 2 ^ 8 aws> I9I1 du sale any commercial fertilizer for use within this State, shall !*,* to be brand or attach to each bag, barrel or package a plainly printed 8tam P* d 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 labeling must be durable and legible, and so placed and arranged as to be easily read. * * * That for the purposes of this act an article shall also 47 G p en 76 ^ ws> I9II> ** be deemed to be misbranded: * * * (b) In the case of food: f|y randingt 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 sealer> dutleg The standard of weights and measures adopted and used by the ser?7 2 ^ aws ' I9 7 government of the United States is hereby declared the only legal 04 * 468 stand ~ standard of weights and measures of this state. The State Dairy and Food Commissioner shall be ex-officio sealer of weights and measures, and shall procure and have custody of the authorized public standards of weights and meas- of 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 arithmetical 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 found 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 dealing in any article of produce or merchandise |^se 27 standards, who shall himself or by his agent or employee use any weight or short weight or 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 liable for each offense to a fine in any sum 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 b^aws^i^iTh 11 ^ owner and pay into the State treasury for the use of the State the tit || ^ following fees, to-wit: For any steelyards, beam, ground, floor, Fee's of state sealer platform, counter, computing or other scales, by which can be weighed not exceeding 100 pounds, 75 cents. 479 480 Laws Concerning Weights and Measures For any such instrument by which may be weighed over 100 pounds, 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 liquid measure, 25 cents. And the weights attached to any scales shall, as to the compen- sation 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. .Lfws, 1911, ch. 107 For the purpose of carrying out the provisions of this act, there si is hereby appropriated the sum of $1,000.00 to put in order the weights and measures now on hand and to purchase such addi- tional 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. comp. Laws, 1907 Nothing in this title shall be construed to curtail or in any man- Municlpaipowersner abridge the powers of municipal corporations to make such regulations for the trying and proving of weights and measures, scales and beams, as are granted to such corporations by the laws of this state. comp. Laws, 1907. ^ false weight or measure is one which does not conform to the P 'se 3 c 3 . 2 44 4 standard established by the laws of the United States of America. False weights or . ., . . , measures defined Every person who uses any weight or measure, knowing it to be ustag^taise weight false, by which use another is defrauded or otherwise injured, is guilty of a misdemeanor. MaVkint false weight Every person who knowingly marks or stamps false or short or measure; sale weight or measure, 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. GivinTshert weight I n &U cases of coal, hay, and other commodities, usually sold by 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- pois 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. Every person who, in putting up in any bag, bale, box, barrel, or I3 s 7 ec. 4475 other package, any hops, cotton, wool, grain, hay, or other goods Penalty for fraudu- t , r ij t, i/V L t i U t,* lentiy increasing weight usually sold in bags, bales, boxes, barrels, or packages by weight, of package puts m 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 $25 for each offense. Utah 481 w.x9ii,d. 120,? 20 6 /p( The city council shall have the powers in the following Sections 4 enumerated : To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables, and all other provisions, and council 618 regulate the selling of the same. Manner Vlaie To provide for and regulate the inspection of meats, fruits, s ec . 206x44 poultry, fish, butter, cheese, lard, vegetables, flour, meal, and alletc. nsp other provisions. To provide for the inspection, measurement, or graduation of ^p e 2 cu n 4S of mer- any merchandise, manufacture, or commodity, and to appoint the chandise necessary officers therefor. To provide for the inspection and sealing of weights, measures, weihts x and meas- computing scales and all weighing and measuring devices indcat- ures ing arithmetical values as well as weight. To enforce the keeping of proper weights, measures, computing lime! 6 Keeping, en- scales and all weighing and measuring devices indicating arith- forcement f metical values as well as weight. On each package of butter manufactured and offered or exposed Comp - ^f^ I9 7 for sale in the State of Utah, there shall be stamped upon the V^* X K 6 * 1 -L-L. c J.-L. 1 -L. -J.-L. jj Weight to be stamped wrapper or package the name of the maker thereof with address n 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 deliver 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 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. The Metric System shall be taught in the public schools of the State. In the use of the Babcock test, the standard milk measures or pipettes shall have a capacity of 17.6 cubic centimeters, and the standard test tubes or bottles for milk shall have a capacity of 2 cubic centimeters for each 10 per cent marked on the necks on the necks thereof; cream shall be tested by weight and the standard unit for testing shall be 18 grams, and it is hereby made a misdemeanor to use any other standards of milk or cream meas- ure where milk or cream is purchased by or furnished to cream- eries 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. * * * * * * * Pe c na 7 ity x 27 system to g/-^ 5 ' I9II> ch - use of Babcock test 8578 12 - 3 I 482 Laws Concerning Weights and Measures Misdemeanor ^ny 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 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 by said Babcock test or otherwise. 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 hundred 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. si 'o I9 7 5) ^ e standard unit of measurement of the flow of water shall I ec 'd 28 d of measure- ^ e ^ ne discharge of one cubic foot per second of time, which 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. Mtae s owners to pro- The owners . agent, or operator, of every coal mine in this vide scales for weigh- State, at which the miners 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. weVgher to be The owner, agent, or operator of such mine shall require the swom. Record of coal 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 reason- able hours, and also for the inspection of all other persons pecun- iarily interested in such mine. Mtaers'may furnish ^ n a ^ coa l m ines in this state the miners employed and work- Duties a^d^weS* 11 '"^ therein may furnish a competent check weighman at their own expense, who shall at all proper times have full right of 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, exam- ination, 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 whatso- ever 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 |^ a I 1 ^3 for teilure 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 sec. 1534 , . , 1 , . -M , 1 , . . Coal mine inspector his other duties, to examine all scales used at any coal mine m 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 violat- ing the provisions of this section shall be deemed guilty of a mis- demeanor. VERMONT Section 4902 of the Public Statutes is hereby amended so as to Laws, 1910, P . iso. read as follows, Viz: State'standards Sec. 4902. The standards of weight and measure 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, measures and balances received from the United States under a resolution of Congress, approved June 14, 1836, and such new weights, measures and balances as shall be received from the United States as standard weights, measures and balances in addi- tion thereto, or in renewal thereof, shall be the authorized stand- ards by which all standards of weights and measures of this state shall be tried, proved and sealed. Prior to December 3ist, 1910, and biennially thereafter the Gen- sec. * , . 111 11 i f 1 i 1 Commissioner, elec- eral Assembly shall elect a commissioner of weights and measures turn oi whose term of office shall be for two years from and including said Term thirty-first day of December, 1910, and until his successor is elected and qualified, 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 pSs *' salary> * 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- by saiary s 'and I0 enense8 sary expenses when away from home on official business, and said of 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 g^ , commls . 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 fle - to have *em veri- several cities and towns, and, as often as once in five years, com- e -to correct standards pare the same with those in his possession, and where not other- 01 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 ^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 may inspect weights, measures and balances which are used for buying or selling goods, merchandise, or other commodities, and for public 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 officer of the institution concerned. sec. e Said commissioner shall keep a complete record of the standards, keep "record 8 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 cor- rect, 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. commissioner and ^ a ^ commissioner or his inspectors may at irregular intervals auuiorit rs oj duties and examme commodities sold or offered for sale and test them for correct weight, measure or count. 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 Ponce power 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 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. Vermont 487 The commissioner shall keep a complete record of all work done AnmLa 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 etf. ! a 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 |? c - . ... , , J 1 ~ ,. -L.A. 11 Standards, deemed by the local sealer for testing any weight, measure or balance, legal, 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 ^eights and meas- weight renders it impracticable shall have the denomination of ures . n w 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 b Sec^a, as amended devices, or either, uses or has in possession for use in trade any Wsessing I0 fa i ise "or 1 , 111 j_ij j.1 _*_ incorrect apparatus, weight, measure, scale, balance, steelyard or other weighing 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 sub- sequent offense, not more than two hundred dollars. After inspec- May be seized ' whan 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 f^^ or measure, weights and measures or his inspectors or a local sealer, or by the le * al ' 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 lawfull y sellm * shall be fined not more than one hundred dollars, or in case of a Penalty for second offense not more than two hundred dollars. 488 Laws Concerning Weights and Measures foierance The commissioner of weights and measures shall, after consulta- tion 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. tuies 6 T ne state commissioner may make suitable rules and regulations to govern the sale of commodities. bjf Laws 7 ' 1910? Art d i^ A person who neglects 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 ta? c to le have apparatus or on his premises, or refuses to permit the said officers to examine ex ob^mcting or bin- tne same, or obstructs the entry of said officers, or obstructs or dering officials hinders any official acting under authority of this Act, or know- ingly violates any rule or regulation made and promulgated under the authority of section 16 of this Act, or violates any of the provi- sions of this Act, when no other penalty is prescribed, shall be fined not more than two hundred dollars. lines? 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. itendards 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 two- quart, 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. frovtag and sealing Section 4907 of the Public Statutes is hereby amended so as to Fees therefor rea( l as f O HOWS I 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. sundards, how Section 4908 of the Public Statutes is hereby amended so as to read as follows: 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. Repeal 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- visions hereof relating to fines and penalties. A hundred weight shall mean the net weight of one hundred pounds avoirdupois, and a ton, the net weight of two thousand (^) , . 1111 Sec - 4909 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 sec. 49 no i- 11 1 -L. j t, i r T~ j Bushel of grain and 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, forty- six 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 Se c. 49 i2 of charcoal, lime or ashes, and contracts concerning the same shall Bushel of charcoal, , . ' lime and ashes be understood accordingly. A pile of wood or bark four feet high, four feet wide and eight gec (^55) feet long, well packed, shall be a cord ; and, in measuring the length did 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, Sec ^) the number of feet, unless otherwise stipulated by the parties, shall Milk be ascertained as follows : multiply the average diameter of the top sec. 49 i6 of the log, inside the bark, in inches, by half such diameter in inches, umber logs * 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 Sec < rf 0> agreed upon, three inches for each course of slate shall be required. 490 Laws Concerning Weights and Measures uS6 ch The words "concentrated commercial feeding stuff," as used 213 "P." 967 " 'in this chapter, shall include linseed meals, cottonseed meals, cot- c e onct 9 nt 3 rated com-tonseed feeds, pea meals, cocoanut meals, gluten meals, gluten feedingstuS8 feeds, maize feeds, starch feeds, sugar feed S)> dried distiller's > grains, dried brewer's grains, malt sprouts, hominy feeds, cereal- ine feeds, rice meals, oat feeds, corn and oat chops, corn and oat feeds, corn 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 pure grain, provenders other than those composed of pure grains ground 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. sec. 4984 The words "concentrated commercial feeding stuffs," as used in this chapter, shall not include hay and straw, the whole seed nor the unmixed meals made directly from the entire grains of wheat, rye, barley, oats, Indian corn, buckwheat, India wheat and broom corn; nor shall it include the wheat, rye, and buck- wheat 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 sub- stances, nor pure grains ground together, when unmixed with substances other than wheat, rye, or buckwheat bran or middlings. sec- 4985 Every lot or parcel of concentrated commercial feeding stuffs as Statement of contents , 7T ,- / . , , . r , IP r 1 f i- 1 u Net weight defined in this chapter, used for feeding farm live stock, sold, ^ ^^ M ______ offered or expose^ for sale, shall have a plainly printed statement conspicuously affixed thereto clearly and truly certifying the number and net pounds of feeding stuff in a package, the name, brand or trade mark under which the article is sold, the name and address of the manufacturer or importer, * * *. If the feeding stuff is sold in bulk at retail or put up in packages belonging to the purchaser, the agent or dealer shall, upon request of the purchaser, furnish him with the certified statement named in this section. sic 8 49 7 6 888> I902) Every lot or parcel of commercial fertilizer sold, offered or commercial fertiiiz- exposed for sale, the retail price of which is ten dollars or more ers, net weight to be * 1111 < shown per ton, shall be accompanied by a plainly printed statement clearly and truly certifying the number of net pounds of fertilizer in a package, the name, brand or trade-mark under which the fer- tilizer is sold, the name and address of the manufacturer or importer, * * *. VIRGINIA The weights, measures, and balances received by this state, ch c ^% ^ title ** under a resolution of congress approved the fourteenth day of Sec I (/ ^ 6 " 7) June, eighteen hundred and thirty-six, and an act of congress standards approved the seventh day of July, eighteen hundred and thirty- eight, 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. (I866 . 7) The Register of the Land Office shall be Superintendent of b^cts 9 ^^ 6 ^ Weights and Measures. P S 3 uU>tendent' "i weights and measures The Governor and the Superintendent of Weights and Measures ^ **"** ) are authorized and directed to contract for and have manufac- weights and meas- ....... / -XT- f^ i f -ires to be manufac- tured, within the state of Virginia, a sufficient number of sets of tud for counties and balances, weights, and measures (the measures to be made of cast 001 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 deliv- ered 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, loV obtained by the Governor or Superintendent shall furnish said county or cor-JCf 68 and 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. igfi 46 ' 7 for the use and at the charge of such county or corporation, the m w s ^ r t es we t 1 h g S s & following weights, measures, and balances, conformable to said keep 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 49 1 492 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 pounds; 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 The 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. (1876, 1889, 1897) A cord contains one hundred and twenty-eight cubic feet, being weights per bushel, eight feet long, four feet high, and four feet wide, or the equivalent et cord 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 corpora- tion, 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 : * Barley Lbs. per bush. 48 Millet seed Lbs. per bush. c;o Beans (white) 60 Oats JO Blue -grass seed 14 Onions C7 Buckwheat C2 Onions, top sets 28 Chestnuts C7 Orchard grass seed 14 Clover seed 60 Osage orange seed 54 Corn (shelled) ^6 Peanuts 22 Corn (in the ear) 7O Peas, black-eyed 60 Corn-meal CO Potatoes, Irish 50 Dried apples 28 Potatoes, sweet e6 Dried peaches, peeled 40 Plastering hair . . . 8 Dried peaches, unpeeled. .. . 32 Rye. .. 56 Flaxseed tf Salt CO Hemp seed 44 Stone coal . . . . . 80 Herds grass (or red top) seed . 12 Timothy seed 4=; Hungarian grass seed 48 Turnips cc L,ime, unslacked 80 Wheat 60 Malt . . 38 Cotton seed. . 32 sec. ^ When apples are bought or sold by weight in this state, the apJL e s ight ol barrel f quantity constituting a bushel shall be forty-five pounds, and the quantity constituting a barrel shall be one hundred and thirty-five pounds. A barrel for use in packing, selling, or shipping apples size of apple barrels 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 selling 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 stamping "short 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 hundred and ninety- ( (/*#) eight, it shall not be lawful for any person in the State of Virginia lize 'oV^barreis for to use in the shipment of those agricultural products commonly products regulated'" 181 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-four and one-half inches. Any person violating this section shall 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- . . '..,. factored for sale by rail- company, agent, or transportation company, or any person in this road company state after the tenth day of August, eighteen hundred and ninety- eight, 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 half barrels, crates an boxes, or crates. 4. The fines and penalties prescribed by this act shall be recover- how n 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 credit- able 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 Every barrel of flour put up or manufactured in this state shall capacity of flour bar- contain not less than one hundred and ninety-six pounds of flour, rel. Penalty for less < n r j J.-L- j. j. than lie pounds. Num- and that every barrel of flour put up or manufactured in this state, ** and every barrel of flour shipped into this state, shall have the number of pounds contained therein plainly stamped on one head. Failure to correctly jf any person or firm doing business in this state wilfully or stamp barrels contain- . , r ,1 " i_ i J ri -U i 1 fag flour knowingly sell or causes to be sold flour in barrels or packages not so correctly stamped, showing the correct number of pounds con- tained in such barrels or packages, he or they shall be fined twenty- five dollars; and the sale of every such barrel or package shall constitute a separate offence. sec i 9 i3d J ~ 2) Hereafter when a dealer or dealers in coal in cities or towns in erfo? *^ 1 tonofc sealed, the said sealers of weights and measures shall cause them to be tried and proved by the said public standards, under 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. (1849) Every sealer of weights and measures shall at least once in Sec. 1915 J p HOW often to adver- every year, advertise in some convenient newspaper, or put up hse for provmg those of . J . ' . -. - , individuals notifications in different parts of the county or corporation, of the times 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. 1 More 9 than one sealer The court may appoint more than one sealer of weights and may be appointed measures f or its county or corporation and assign to each the dis- trict 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. 1 Sec. 1916 repealed by laws of 1895-96, p. 341. Virginia 495 The sealer of weights and measures of the county or corporation e d S b e y Ac 9 ts 8 of for which the service is rendered shall have five cents for everv I9I - ch - 2 7- p- w . , 11 i i i 1 1-1 Fees of sealers; how 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 s^- w, as amend- J -U it. i' 1 C 1, j-t, J j edbyActsigio, 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 e paid 7 pro< 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 pro- cured 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 e d Se by I artV a y e chl Richmond, or a sealer of weights and measures in his county or ^HoV 2 weights and corporation, to try and prove the weights and measures of such m * sures sealed at any person, lie paying therefor the regular fees provided for in section Testing at special nineteen hundred and eighteen. If any county or corporation court shall refuse to provide and lena'ity'on judge for keep the weights, measures, and balances prescribed by law, every retusin 2 to provide them judge holding such court shall forfeit one dollar per month thence- forth until they shall be provided. If the Superintendent or any sealer of weights and measures | e e c na I ity 2 on supsrin- shall fail to perform any duty imposed on him, he shall forfeit tendent and sealers twenty dollars for each offence. If any person shall sell or offer to sell any commodity, buy, or lena'ity 3 tor using keep for buying and selling, or for weighing packages for shipment, n e t i | e 1 lied nd measures any scales, balances, steelyards, weights or measures not sealed according to law, he shall forfeit for each offence a sum not exceed- ing ten dollars. Once in every five years the directors of each bank shall have Bank 9 weights and the weights used in such bank tried, proved, and sealed, either by m the Superintendent or a sealer of weights and measures. No tender by any bank in the state, of gold weighed with weights Ifo w 2 g o i d to be not so sealed, shall be legal. The payer to, or receiver from, any ?? e h g e a d; when tender 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 c e ' I9 4> ch ' 84> manipulated fertilizers, brought into or manufactured in the State Sec I $ 7S ~ 6) of Virginia, for sale, and sold or kept for sale therein, shall have Fertilizers to be ia- 7 ' f , beled; what label to permanently affixed to every sack, bag, barrel, box, or other use; standard measure package thereof, a stamped or printed label, which shall specify legibly the name of the manufacturer and his place of business, the net weight of such sack, bag, barrel, box, or other package, the component parts of such manure or fertilizer, 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 measure, which shall be uniform in shape, and of the following dimensions : The bottom to be sixteen and a half inches across, from inside to inside; the top to be eighteen inches from inside to inside, and twenty-one inches diagonally from the inside chine to the top. And in the measure- ment of such manures the tubs must be filled to a slight rise above Measures branded ^e top. All such measures must be branded with the initials of the sealer of weights and measures of the county or corporation where the buyer or seller, or either of them, resides. Twenty bushels of the measure, above provided, shall constitute a mer- chantable cartload of such manures as are above mentioned. ^Acts, 1910, ch. 343, ft sna ii j^ be lawful at any time for any person to buy or sell &. oysters in this State in the shell by any other than one-half bushel uyster measures j ,. 11 1 11 -L or one bushel metallic 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, JPZ& wtae meas " however, than one inch in diameter. A half bushel tub shall have ure wucn ^ the following dimensions (all measurements to be from inside to inside) : Fifteen inches across the top, thirteen inches across the bottom, and seventeen inches diagonally from the inside chine to the top; and a bushel tub shall measure eighteen and one-half inches across the top, seventeen inches across the bottom, and twenty-one and one-half inches diagonally from the inside chine to the top. When oysters are bought or sold out of the shell it shall be by wine measure, according to the standard prescribed for such measure by section nineteen hundred and eleven of the Code of Virginia, eighteen hundred and eighty-seven [Sec. 1911, Code Penalty 1904]. Any person violating any provision of this section shall be fined not less than twenty-five nor more than one hundred dollars seteTwhen ""^ ** ^ or eacn offense. Moreover, if any inspector or other oyster official have reason to believe that measures not conforming to the above requirements are used on board any vessel or craft, or in any oyster house, he is hereby empowered to search for, seize and destroy such unlawful measures. Sec - 47 Any person found guilty of resisting or impeding an officer or other person authorized to make arrests, seizures, examinations or other performances of duties under this act shall be fined not Virginia 497 less than fifty nor more than five hundred dollars, and if any per- Resistance to officer '- J r"; or authorized person by son, by threat, iorce or display of firearms or other weapon, resist threats, 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 Sec>48 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 rest or seize vessel 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 pro- ceedings, 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 stats - P; "99 (1890) Sec. 9511 Standard Sec. 9512 Care of, etc. The standard of weights and measures in this state shall agree B exactly with the standard as recognized and furnished by 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 measures, scales and beams which may belong to any county and be sent and 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 " W" with a seal which he shall have and keep for that purpose. The county auditor of each county shall be the sealer of weights Sec. 9513 and measures for the county, and shall have the care and custody county staadwds ' by of the county 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 499 Sec. 9514 Instruction oi sealers Notice of sealers Sec. 9515 Sealing of measures Sec. 9516 Fees Sec. 9517 False weights; pen- alty Laws Concerning Weights and Measures 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 sealing and marking liquid 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 established by this act. cost of county stand- The expense justly chargeable to any county in this state and rds incurred in and immediately connected with procuring county 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. s* - 9Sl8 That any person in this state who shall, after thirty days sub- sequent to published notice from the county sealers of weights and measures, as provided in section 9514, be found 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 adjust- ment, 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 measures 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 affirmation 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 hundredweight shall consist of one hundred pounds, and twenty such hundredweights 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 Sec. 9319 Oath of sealers Sec. 9520 Half bushel Sec. 9521 Hundredweight Ton Sec. 9522 Bushel Washington 501 be made to the contrary, the weight per bushel shall be as fol- lows, to-wit: 1 Pounds. Dried apples 28 Peaches 28 Potatoes 60 Pounds. Wheat 60 Clover seed 60 Rye 56 Indian corn 56 Oats 32 Barley 48 Buckwheat 42 Green apples 45 Pears 45 Flax 56 Sec. 95 Penalt (1877) Sec. 9524 Charcoal measure Whoever in buying any of the articles mentioned in the pre- ceding 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 pounds 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 amount of the property so wrongfully taken or not given, and ten dollars in addition thereto, to be recovered in any court of com- petent jurisdiction. All baskets for measuring charcoal in this state, shall contain two bushels and shall be of the following dimensions, viz: Nine- teen 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 liable to a fine of five dollars for each and every offense so committed, to be collected in similar manner as other fines for similar cases are now collected, and all fines collected as aforesaid shall belong to the school fund of the county in which such offense or offenses may have been committed. 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 n ops du fixed at five pounds per bale. Five yards of baling cloth is the maximum quantity to be used in making the bale, and the stand- ard weight of each yard of baling cloth is hereby fixed at from twenty-four to thirty ounces. The standard weight for a bale of hops is hereby fixed at from one hundred and seventy-five to two hundred and ten pounds. Any 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 (1890) Sec. 9526 Bale of hops 1 For convenience in printing a slight change has been made in arrangement of articles. 502 Laws Concerning Weights and Measures sec. 28^? 9/) Every person who uses any weight or measure, knowing it to l se > by which use another is defrauded or otherwise injured, 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. 28 4 l / 86) I* 1 a H sales of coal, hay and other commodities usually sold by '' 8ive '""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 or trade, by avoirdupois weight, the seller must give to the pur- chaser full weight at the rate of sixteen ounces to the pound. Any person violating this section is guilty of a misdemeanor. Remington and Bat- Every person who shall injure or defraud another by using, linker's Ann. Codes and , 1 iij^i ,1 r i ft 1 , stats. with knowledge that the same is false, a false weight, measure or sec. 2637 other apparatus for determining the quantity of any commodity and S mJasure1 weights or article of merchandise, or by knowingly misrepresenting the quantity thereof bought or sold; or who shall retain in his posses- sion 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 fore- going provisions of this section, shall be guilty of a gross misde- meanor. Remington and Bai- That the unit of measure for water for irrigation, mining, lingers Ann. Codes and ., j 1 1 .1 1 it i 1 f stats., p. 1069 milling and mechanical purposes in this state shall be a cubic foot (1890) j. \.' sec. 6315 of water per second of time. Water measurement A 1_ -j. i 1_ 11 1_ Remington and Bai- Any such city l shall have power: linger's Codes and Stats., p. 1454 Sec. 7507 GeneraV 5o powers of *& To establish and regulate markets, and to provide for the CO Toprovide for weigh- weighing, measuring and inspection of all articles of food and ing, etc., of food drink offered for sale thereat, or at any other place within its limits, proper d i^ g e a i ke weights t>y proper penalties, and to enforce the keeping of proper legal and measures weights and measures by all venders in such city, and to provide for the inspection thereof. Remington and Bai- All milk cans or other vessels used for the shipping, sale or dis- hnger s Ann. Codes and . -11 1 11 1 ^1 i- i . TT -^ j rv^ stats. pensing of milk shall have their liquid capacity United States sec. 9527^ w standard, measured and plainly sealed or stamped thereon by any stamped on muk*a^s" y county auditor, as ex officio county sealer, or any of his deputies, in the manner already provided for the sealing of weights and measures. sec. 9528 Any individual or corporation owning and using milk cans or other vessels or shipping, selling 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 ||e S 9 f ^ r 9 sealln can or vessel so stamped or sealed. ( /poj) There is hereby created a standard size for "apple boxes and pear lumdwd size for ap- boxes for the state of Washington. pl ^ c nd ^ boxes The standard size of an apple box shall be eighteen inches long, sTme 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 hundred forty pounds shall constitute a gec gross ton of coal, and two thousand pounds shall constitute a net coai, 9 weight of gross f and net ton ton of coal. Any person selling less than two thousand pounds for a ton shall gee. 9533 u -if j j.- j.1 1 11 1 Penalty for short 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 county 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- 1~ J J * * Imger's Ann. Codes and misbranded : stats., P . m In the case of food: * * * Third. If the net weight or net Sec. ^ 7 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 .. Remington and Bai- , , , ,1-1-1 . linger s Ann. Code and at such place or places as the railroad commission may designate stats., P . 9S7 suitable track scales for weighing cars of grain or hay. Such sec. 5 996 9) scales shall be under the control of the chief inspector and rus videos c a* e^e weighers. It shall be the duty of the chief inspector or his deputies ined to examine, test and require the railroad company to correct all scales so provided as often as maybe 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 scale* in weighing all grain or hay received over the line of such railway: Provided, that if [in] any mill or terminal warehouse in inspection cities there are provided 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 Scalestobetested weighing grain or hay at any public warehouse in this state, and after such scale is tested, if found to be correct and in good condi- tion, 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 until 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. tl5TS?cid?S It shall be the duty of the governor to appoint state weighers, stats., P- 1316 to weigh all shingles and lumber to be shipped beyond the limits sec. 7 o8o of this state. That there shall be one weigher appointed for each State weighers, how r ., . ,1-1 j j ,1 1,1 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 of 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. o e a c tii 7< tnd 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 knowl- edge and ability. Each weigher shall execute to the state of Wash- ington a bond with two or more sureties, to be approved by the Secretary of State, in the sum of three thousand dollars, condi- tioned 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, idirails to provide Jt sna11 De tne duty f eacn 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 lines 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 mountains 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 1 f l) thereof within the limits of this state are required to provide Railroads 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 Freight charges o f _ ....,,.. l . 1 . e> ., based on weight 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 (** , . 9 Sec. 7085 deputy weighers. Deputies All lumber and shingles to be shipped beyond the limits of this 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 ^ji^g 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 fj^ ei her , 8 blll 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 lumber 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. Laws Concerning Weights and Measures Sec g7 o89 Bach 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. lasis 7090 When any cars shall have been weighed, as herein designated, the said weight shall constitute the basis by which the weight of said lumber or shingles shall be determined. Remington and Bai- &\\ railroad companies operating as common carriers within the Sfsbfe. C< "limits of this state, shall hereafter be required to provide scales, sec. vw 05 and weigh at junction or at some common point within this state 1 all cars loaded with lumber, shingles or other forest products for shipment. sec. 86 77 All charges for freight on said commodities, except where error Charges, how based . 1 ... 1 A j A j i j.1 is apparent, shall be based on the weights determined by the weighing stations within the limits of this state, and all bills of lading of railroad companies operating within the limits of this state shall specify these provisions : provided, this act shall not apply to switching charges or to the handling of logs where the charge is by the car or by the thousand feet. Itatement oi weight- Any railroad company's employee acting as weigher shall upon shipper's count request of any shipper give him a statement showing gross and net weight of any shipment by him. Sworn count and weight of shipper shall be presumptive evidence of true weight where error in railroad weights is apparent. c e ars 8 weighed sepa- All cars shall be weighed on the scales separately, and not rately attached to other cars and at a standstill. peuStytor violation In case of violation of the provisions of this act by any railroad company, it shall pay a penalty of twenty dollars ($20) for every car it shall neglect to weigh and bill within the state as above pro- vided, to be recovered from such company in action where there is any agent of such railroad company who may be served with process, and the penalties recovered under this act shall be paid into the county treasury in such county where action is taken. ["This act" embraces 8676-8681.] May 8 contract regard Nothing contained in this bill shall interfere with the right ing weights, when o f ^ e shipper and carrier to enter into a private contract regarding weights when it is impracticable to weigh. [" this bill " : 8676- 8681.] 9 i S p SS 39 ^ aws ' I9II> ch ' Any railroad delivering grain or hay in cars at any of the places Railroads to provide provided with state inspection under this act shall provide con- sidetracks venient and suitable side tracks at such places as the commission [Railroad Commission] may designate, on which all cars of grain or hay delivered by them shall, upon arrival, be set and arranged convenient for inspection, and after inspection such railroad company shall promptly distribute all such cars of grain and hay Washington 507 provide track Annual scale test and set them at the proper place or places to be unloaded as desig- nated by the consignor or consignee. Such railroad company shall provide at such place or places as the commission may desig- 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 depu- ties to require the railroad company to correct all scales so pro- vided as often as may be necessary to insure the correct weighing of grain or hay. Whenever scales have been installed by any ailroad company as above provided, it shall be the duty of the chief inspector or his deputies to use such scales in weighing all grain or hay received over the line of such railway: Provided, That if any terminal warehouse in inspection cities 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 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 pur- pose 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 certificate of such party shall be suspended or revoked, in the discretion of the inspector or his deputy. The party receiv- ing such certificate shall pay to the chief inspector or his deputy a reasonable fee for such inspection and certificate to be fixed by *ee a 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 pro- visions of this section are strictly enforced. It shall be the duty of all railroads operating in this state, to ^sess. juws. i9, provide suitable facilities for the testing of all track scales used " by such railroads. The commission [Public Service Commission] is hereby authorized, after a hearing, upon its own motion and ta 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- 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 facility to be equitably and reasonably apportioned to provide for testing Test car or device 5 o8 Laws Concerning Weights and Measures Fees stats. sec. 7406 among the different railroad companies by the commission. Such car, device or facility shall be used by the commission to test the Track scales tested accuracy of all track scales, and the different railroad companies shall transport and move such car, device or facility without charge therefor, to the different places designated by the com- mission under such reasonable rules and regulations as the com- mission may prescribe. Such car, device or facility may be used in adjoining states to test the scales of railroad companies and for that purpose may be taken beyond the limits of the state under such reasonable rules and regulations for the due care and return thereof as the commission may prescribe. The commission is hereby authorized to prescribe and collect a reasonable fee suffi- cient to cover the cost and expenses connected therewith for the inspection and testing of all scales. ft sna ^ be unlawful for any mine owner, lessee, or operator of C oal mines in the state of Washington employing miners at bushel or ton rates, or other quantity, to pass the output of coal mined Duty of owner as to, .... *.., 1 1 1 1 1 1 j 1 having output of coal by said miners over any screen or other device which shall take 1 any part from the value thereof before 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 weights 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 author- ized 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 court having jurisdiction therein. Sec. 7407 Weighman of coal Rights of employees Oath and penalties WEST VIRGINIA That the weights, measures and balances received by this State, II o S de> 19 6> ch - S9> p - under a resolution of Congress, approved the fourteenth day of S ^ l86 - z88 ^ June, one thousand eight hundred and thirty-six, and an act of ^suru&rd weights Congress approved the seventh day of July, eighteen hundred and kept m thirty-eight, 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 public standards of weights and measures in this State. The superintendent of weights and measures shall receive for his (1882) services such salary as may be prescribed by law. 1 salary 706 The governor and superintendent of weights and measures are weights and meas- authorized, and they are hereby directed to contract for and have " manufactured a sufficient number of sets of balances, weights and for measures, the measure to be made of cast iron, brass or composi- tion, as will be necessary to supply each county within this 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 application of the county court of any county, the ^i iv 2 ^ to county governor or superintendent of weights and measures, shall furnish court; payment for 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 public treasury the amount paid by the State for the same. The county court of each county shall constantly keep for use coun 2 t 7 y 9 court to keep and at the charge of such court, the following weights, measures HOW kept weights> 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 gal- lon, 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 1 Ch. 18 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. 59 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 superin- tendent and sealed by him in a durable manner according to their true weights, capacity and length. Sec i hts and meas The weights, measures and balances provided for each county ur^ e *o h %e%etf ea by shall be kept in such places and by such person as may be desig- nated by the county court of such county, and such person shall be the sealer of weights and measures for the county. sec. 27" Once in every ten years from the time at which they are first sealed eve^tenTears 6 sealed, the said sealers of weights 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. (1882,1891) Every sealer of weights and measures shall at least once every N e otice 7 s 12 year, advertise in some convenient newspaper, and put up notifica- tions in at least three public places, in every magisterial district of proving balances the county, 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. sec 2713 The said sealer of each county shall once in every three years go Duty of sealer of 1 -,1 i_- 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 ices the sealer of weights and measures shall, for such services, have double the amount of his regular fees. Keepers of scales for weighing live stock and other ponderous articles shall have con- stantly on hand a sealed weight of not less than fifty pounds, 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. ^sealer's compensa- Each sealer of weights and measures 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 on seal r t test 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 selling, any scales, balances, steelyards, weights or measures not sealed according to law, he shall for- feit 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^te superintendent or a sealer of weights and measures. No tender by any bank in this state of gold weighed with ^.2720 ., 111 11 11 1 /TM Tender of gold. How weights not so sealed shall be legal. The payer to, or receiver weighed 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 Sec (* 8 ^> i8 ^ aS follows: 1 Standard weight (1882) Sec. 2715 Seals Sec. 2716 Any person may call Sec. 2717 Penalty Sec. 2718 Forfeiture Sec. 2719 Banks to have their Lbs. per bush. Bituminous coal 80 Wheat. . 60 Beans Potatoes. .. . Clover seed. Rye Corn... 60 60 60 56 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. (1883) Sec. 2722 Timber measure For convenience hi printing a slight change has been made in arrangement of these articles. 512 Laws Concerning Weights and Measures code, 1906. PP. 176-178 it shall be the duty of every corporation, company or person, sec. 43' 9I engaged in the business of mining and selling coal by weight or Scales and meas- o o /? i_ j j_i_ ures-Duty to provide- measure, to procure and constantly keep on hand at the proper foH% eq 8 u e e a st e ^Duti S e t s place, the necessary scales and measures and whatever else may be of mine inspector necessary, to correctly weigh and measure the coal as mined by such corporation, company or person. And it shall be the duty of the sealer of weights and measures for every county in which coal is so mined and sold, to visit each coal mine operated therein, and where such scales and measures are kept, at least once in each 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 found not to be correct, his fees shall be paid by the owner or operators, and if his attendance be required by the miners and the scales or measures tested be found to be correct his fees shall be paid by them. If in any such county there be no sealer of weights and measures, the duties herein required to be done and performed by such sealer, shall be done and performed by the inspector of mines for the district of which such county forms a part. coai 4 cars-consecu- Bach car used by any such corporation, company or person in HVC number ing- removing coal from any coal mine, shall be numbered by consecu- Weighing Marking & . > , ' , ,i_ 1 weight and capacity tive numbers 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 pro- visions of this section are complied with. coa'i 4 ^ be weighed All coal so mined and paid for by weight shall be weighed in the (o r rlcr s e u e r nm g ncarsbe " car m which it is removed from the mine before it is screened, and shall be paid for according to the weight so ascertained, at such price per ton as may be agreed on by such owner or operator and 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 s ec 434 , . J , . -j ,, 1 11 r , Duties of mine in- herein mentioned, the county court of such county shall furnish spectors Duty of oper- him with whatever is necessary to enable him to discharge h duties, if such court has procured the weights and measures an( j andmeasure3 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 pounds, and a sealed measure of at least one bushel, to be used for the purposes of this act. Any corporation, company or person violating any of the pro- visions of this act, shall be guilty of a misdemeanor, and upon con- viction thereof, shall for each offense, be fined not less than twenty- five 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 im- prisoned in the county jail not less than ten nor more than sixty days. This act shall not apply to any corporation, company or person ^ 6 to whlch act owning or operating a coal mine in which less than ten miners are ^ applicable employed. Where the amount of wages paid to any of the persons employed weighs of certain in any manufacturing, mining, or otherwise public enterprise P roducts provided for employing labor, depend upon the amount 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 work- men employed at the works where he is appointed to act as such check-weighman or measurer. 8578 12 33 514 Laws Concerning Weights and Measures faw^'p sn c a b i e This act shall apply to all weights, balances, steelyards, and weigh- in what case m g machines and measures used in any factory, mine, mill or other- wise 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 sec. 1868. power and authority therein * * * to regulate and provide Powers and duties of . / i j r i council 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 h sta s -' l898> vol> ' cn. 70, p. 1195 from the United States under a resolution of congress, approved sec. i6 5 8, as amended , i_ i . , , j i b y Laws - I 9"' ch - 566, June 1 4th, 1836, and such new weights and measures and scales sec^ 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. 1659, as amended superintendent of weights and measures. The superintendent S.^ aws> I9 may appoint, subject to the rules of the state civil service com- i S wefght" p Sd te mtIs- mission a chief inspector of weights and measures, who shall ur chief inspector, sai- receive an annual compensation of sixteen hundred dollars, and aryof necessary traveling 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 traveling expenses. 2. He shall take charge of the standards adopted by section Dutie s >' 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 utiesof j . _ * . - & , Keep general super- and measures and the weighing and measuring devices of the vlsion 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 cor- 5i 6 Laws Concerning Weights and Measures poration, or educational institution of the state, test or calibrate weights, measures, weighing or measuring devices, and instru- ments or apparatus used as standards in this state. TO test weights, etc., . He, or his inspectors by his direction, shall at least once under control of State . -f , 1 i < board, when annually test all scales, weights, and measures used in checking the receipt or disbursement of supplies 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 execu- speciauieputies, ap- tive officer of the institution concerned ; and at the request of such officer, the superintendent of weights and measures shall appoint in writing one or more employees, then in the actual service of such institution, who shall act as special deputies for the purpose of checking the receipt and disbursement of supplies. TO keep record oi c He shall keep a complete record of the standards, balances, State standards 1,1 1,1- A i_ j A 1 ^ r and other apparatus belonging to the state and take receipt for TO report to governor, S ame from his successor 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 TO inspect work of io- inspect the work of the local sealers; and in the performance of 4 * 4 ! i 1 i May make inspec- such duties, he or his inspectors by his direction may inspect the res, etc. we ights, measures, balances, or any weight or measuring appli- ance of any person, firm, or corporation and shall have the same superintendent shaii powers as the local sealer of weights and measures. The super- 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 officers shaii prescribe toi- i n the discharge of their duties. In said regulations he shall pre- scribe the amount of tolerance to be allowed. office and supplies, 7. He shall be provided with necessary postage and shall be provided by the superintendent of public property with a suitable room or rooms, necessary office and laboratory furniture and appliances, supplies, stationery, books, and periodicals. sec. 1660. as amended The common council of each city appointing a sealer under by Laws, loii.ch. 566 , //- 1 11 .L-I e . i > . 1 1 11 cities appoint ing section 1 66 1 shall procure at the expense of the city and shall d "keep at all times a complete set of weights and measures, scales, and beams in exact conformity to the state standards, except that they may be made of such materials as the superintendent of weights and measures may 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 pre- served by the city sealer as public standards. Whenever the t * vt j? to P rovjde -i r 1 1 11 1 c standards 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 . s? - I66l > as amended e /-. 1-11- 1 by laws, 1911, ch. 566 having a population of more than five thousand inhabitants accord- A II cities of 5,000 to 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 O"" 680 * 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 measure- ments, 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 distribu- tion, 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 sp jjj ake annual to - may deem necessary, see that all weights, measures, and weighing and measuring apparatus used in the city are correct. He may for Authorit y 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 sealer 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 weights and measures. The sealer shall condemn and seize and TO seize weights, . , , . 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- 518 Laws Concerning Weights and Measures demned for repairs" in a manner prescribed by the state superin- tendent of weights and measures. TO keep record of ,- f^g c ft v se aler shall keep a complete record of the work done work done *' ' J , A ... j Report to mayor, and by him and shall make an annual report to the mayor, and an nt annual report duly sworn to, not later than the first of December to the state superintendent of weights and measures. sealer to give bond 5 f fa c fty sea i e r 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 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. ewes not prohibited ~ Nothing contained in sections 1658 to i67oa, inclusive, shall from e n f o r c 1 n g or- ' ,.,.. . , . < . .-, . < , i dinances, when not in be construed 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 j n Q\\ territory within this state, except cities subject to the pro- by Laws, 19", ch. 566, .. .- .-, < i . j sec. 3 { ealers visions of section 1661, the inspectors of weights and measures who x shanbe se s> appointed under subsection i of section 1659 and such assistant dairy and food commissioners and such cheese factory, dairy and food inspectors, and such creamery and dairy and food inspectors as may from time to time be designated by the superintendent of weights and measures shall act, ex officio, as sealers of weights and measures, with like authority, powers, and duties as prescribed for city sealers in subsections 2 to 5, inclusive, of section 1661. teaier^ 3 liability If any sealer of weights and measures shall neglect to perform any duty imposed by law or shall prove and seal any weight, meas- ure, 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^awf 4 i 9 ii ^h C 566 l - There is hereby conferred upon the state superintendent of police 'powers con- we ights and measures, his inspectors, and all sealers of weights and ferred upon state su- 11 Tectors'and 1 ' n*" 8 ft' measures > police power ; they shall be provided by the superin- tendent of weights and measures with suitable badges or insignia of authority and in the exercise of their functions shall exhibit the same, upon demand, to any person questioning their powers, and they are hereby empowered and 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 I tad e ermg n weightl 2 * Whoever in any manner whatsoever impersonates or hinders and measures officials the state superintendent of weights and measures or any inspector Penalty for , r . j r . or any sealer of weights 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 ^/^ iSrsTw^t this section shall be sold by the bushel, or fractional part thereof, $ 6 eight8 ^ bushe , and no special agreement as to weight thereof made shall be made commodities "* 601 ! in 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; 1 1 . Forty-four pounds for a bushel of hemp seed, parsnips, or sea island cotton seed; 12. 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; 1 6. Thirty-two pounds for a bushel of oats; 17. Thirty pounds for a bushel of upland cotton seed; 1 8. 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 lime; 2 1 . Eighty 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 like fractional part of the above weights shall be required. 25. All dry commodities not otherwise specified in this act shall * s c oid?*hen d " 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- ~- , . n 1 ATM_ i_ i.c ec * "Y Laws, 1911, en. hundred fifty and forty-two hundreths cubic inches. 1 he hair S 66 . { r j m t -A. j.1 Struck measure, bushel and the parts thereof shall correspond in capacity to that bushel and parts of the bushel and shall be the standard measure for fruits, vege- th now sued 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, sec. i666a, as enacted j g o ttles used for the sale of milk and cream shall be of the by Laws, 1911, en. 566, . j. i_ ir j s Viik bottles ca acity ca P acit y of half g allon > three P mts > one quart, one pint, half pint, of ' ' one gill, filled full to the bottom of the lip. The following varia- Bott e ies n to e 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 superin- tendent of weights and measures upon application by the manu- facturer, and upon filing by the manufacturer of a bond in the sum of one thousand dollars v 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. wtoskeMdSffi 2 - Any manufacturer who sells milk or cream bottles to be used penalty for ' m 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 purchased after this law takes effect that do not comply with the requirements of this section as to markings and capacity, shall be deemed guilty of using false or insufficient measure. to s ttlt e bottles r o? U jS 3- Sealers of weights 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 shall report violations found imme- diately to the superintendent of weights and measures. It shall be unlawful to sell or offer to sell in this state any coal^^^f'^S charcoal, or coke in any other manner than by weight. No person, M ^J weight' 1 * sold firm, or corporation shall deliver any coal, charcoal, or coke with- Delivery ticket out each such delivery being accompanied by a delivering ticket and a duplicate thereof, on each of which shall be in ink, or other indelible substance, distinctly expressed in pounds, the gross weight of the load, the tare of the delivery vehicle, and the quan- tity, 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 pur- chased. One of these tickets shall be surrendered to the sealer of weights and measures upon his demand, for his inspection, and this ticket or weight slip issued by the sealer when the sealer desires to retain the original shall be delivered to said purchaser of said coal, or his agent or representative, at the time of the delivery of the fuel; and the other ticket shall be retained by the seller of the fuel. When the buyer carries away the purchase, a delivery ticket show- ing 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'S? ' '*' shall be understood to mean the net weight of one hundred pounds tor ? UI avoirdupois, and all contracts concerning goods or commodities sold by weight shall be construed accordingly unless such con- struction would be manifestly inconsistent with the special agree- ment 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 ed s ec.i668o,aswnend- the hogshead two barrels; s 1j a s iLi hogshead! 2. A liquid gallon, two hundred thirty-one cubic inches; capacity of 3. A barrel of flour measured by weight shall contain one Barreu of flour hundred ninety-six pounds; 4. A barrel of potatoes, one hundred and seventy-two pounds. ~ f p tetoes 5. A barrel of unslaked lime, two hundred pounds. -of unslaked ume 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 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. ior cranberries y > The 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 tor fruit g < A bushel crate 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. Bushel crate foreran- g A bushel crate of cranberries or blueberries shall have an berries or blueberries -* . 111 i interior capacity of one bushel struck measure. tu^^than 11 a es b2sheu IO - All sales of blackberries, blueberries, cranberries, currants,' tow sow '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 tor violation than one 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 con- fiscation of the illegal boxes or packages and of the fruit therein contained. Apple and cranberry i j . Hvery manufacturer of apple barrels or cranberry barrels barrels, how marked , J . *'*" ,, J , i shall stamp or brand his name with the letters W. S. on the out- side in plain and conspicuous letters, at least two inches in height) to indicate that such barrel is of the Wisconsin standard size of barrel. iryfpeMttyfor S use apac " I2 - Any person selling apples, pears, 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 tracts ' how con " J 3- All contracts 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. T 4- It shall be and is hereby declared unlawful for any person or persons to bring, transport, or convey into the state, or to sell, offer to sell, or otherwise dispose of for profit, any apples, pears, plums, Wisconsin 523 blackberries, blueberries, cherries, cranberries, gooseberries, rasp- berries, 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 f and the said fruit grown in Wisconsin. Any person violating the provision of this paragraph shall be punished by a fine of not less than twenty-five nor more than fifty 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 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 weight or measure per bushel other than the standard weight or measure per bushel fixed by law ; and for any violation hereof the offender shall forfeit not less than five nor more than fifty dollars. No person shall determine the grade of any grain which is bought or received in store at any mill, elevator, warehouse or storehouse by the use of any grain tester that is not sealed in accordance with the United States standard of measure and which sealer is not in accordance therewith at the time it is used. When grain is tested at the instance of the seller the tester shall be filled by pouring the grain into it from a scoop or a similar vessel, and when the tester is filled it shall be struck or leveled with three zigzag movements of a straight edge. Any 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- ated out of any money in the state treasury not otherwise appro- priated.a sum sufficient to carry out the provisions of sections 1658 to i67oa, 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, nothing contained in this act shall prevent the use, sale, or disposal of crates, boxes, barrels, cream jars and bottles, or packages here- tofore lawfully 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 with present incumbents of any office in a department of bureau of * s ft weights and measures heretofore created and presently existing of first class in any city of the first class. Penalty for violation S ec. ( S' l5 se Ap 7 p r0 p ria Hon | e a c w |- I 9- ch - Act effective, when let' not to interfere 524 Laws Concerning Weights and Measures stats., 1898 Any person, who, by himself or by his servant or agent or as the oC. 443 2 *> ainc / * '"** -i 11 ^ i ed by Laws, i 9 n, ch. servant or agent of another, shall use or retain in his possession 566, sec. 6 . 1 , 1 unlawful to use or re- any false weight or measure or any weight or measure or weighing Sealed weight, meas- or measuring device to be used in the buying or selling of any com- ure.etc. 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 pur- pose 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 county jail not more than three months or a Penalty for violation fine of not 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 hundred dollars, or both in the dis- -.-__ w cretion of the court; or any person who wilfully with intent to Defrauding buyer or . ' 11 r i j. seller of electric current, cheat or defraud the buyer or seller of electric current, gas, water, or steam shall make or cause to be made or aid in the making of any electric conductor, gas pipe, water pipe, steam pipe, or other instrument or contrivance or any connection as to conduct or supply or intended to conduct or supply electric current, gas, water, or steam to any lamp or motor or machine or burner or orifice or appliance from which such electricity, gas, water, or steam may be consumed or utilized without passing through or being registered by a meter, or any person who shall 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 tor electric current, gas, water, or steam, shall be punished by impris- onment in the county jail not more than one year or by a fine not exceeding five hundred dollars; but in case the amount of damages occasioned by such cheat or fraud shall not exceed twenty dollars, he shall be punished by imprisonment in the county jail not more than three months or by fine not exceeding one hundred dollars, and in computing the amount of damages occasioned, the value of such Wisconsin 525 electric current, 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 prohib the use by any person, or by his servant or agent, in good faith, under what 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 1661, or the superintendent of weights and measures, respectively, in writing, signed by said person, of the fact that he has such weight or measure or weighing or measuring device, giving the number thereof and a general description of the same, and the place where the same may be found for the purpose of inspection, and shall have received a written acknowledgement of said notice, signed by such city sealer or superintendent of weights and measures. Any person, firm or corporation by himself, officer, servant or p ^ s - ^^ ch - agent, or as the officer, servant or agent of any other person, firm sec. 4 6oia 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 which is misbranded within the meaning of this section shall be c o g u nTy ig or' conllntsj guilty of a misdemeanor and upon conviction thereof shall be prosecution punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than ten days nor more than sixty days. The term " mis- branded," 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 pack- age 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 64 Laws ' '93.ch. 4 3, P pipettes shall have a capacity of 17.6 cubic centimeters, and the l^,. 1 ^ 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, laie by false measure Any manufacturer, merchant, dealer or agent in this state who a misdemeanor shall offer for sale or sell a milk pipette or measure, test tube or bottle which is not correctly marked or graduated as herein pro- vided shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in section four of this act. Laws' 3 ij^s a A e 99^c b ^ ^- sna ^ De unlawful for the owner, manager, agent or any employee of a cheese factory, creamery, or condensed milk factory reJduniawfuf dorover ~t falsely 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 Bab- cock test or otherwise. iS^SS^l^t Whoever shall violate any of the provisions of this act shall be penalty ' guilty of a misdemeanor and upon conviction thereof shall be punished by fine of not less than twenty-five dollars not more than one hundred dollars for each and every offense, or be imprisoned in the county jail not less than thirty days nor more than sixty days, suts- 1898. ch. 8 4 . Each lumber inspector shall, in person or by deputy, at the sec. 1 735 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 pro- vided by him and kept for that purpose, with the marks as they Effect oi scale bills occurred upon the logs. A correct bill of the same shall be given to such owner, with a certificate thereto attached that it is a true and correct bill, which bill so certified shall be presumptive evidence of the facts therein contained and of the correctness of such scale- ment or measurement in all courts, except in favor of the inspector or deputy inspector who made the same. sec. 1736* ^ Each lumber inspector and his deputies shall, in surveying or men" Clumber"* 1 c ~ measuring logs, make such allowance for hollow, rotten or crooked logs as would make them equal to good, sound, straight, mer- chantable 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. Bach 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- Sec< 17 ( 3 * 7 5<5 as amend- tricts shall be in accordance with the following table, showing the 6 ^ by ^^ 1 9 OI > ch - length of the log in feet, the diameter in inches, and the number of Io s s tandard scale lot 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 ' 8 9 10 11 12 13 14 15 16 Scale in feet. 12 10 10 20 20 20 30 30 20 20 30 30 30 40 40 20 20 30 30 30 40 40 30 30 40 40 40 50 60 30 40 60 60 70 80 90 40 50 70 80 80 90 100 60 70 80 90 100 110 120 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 14. . 16. .. 18 20 22 24... 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. 12 140 160 180 210 230 250 280 160 190 210 240 270 290 320 180 210 240 270 300 330 360 210 240 280 310 350 380 420 230 270 300 340 380 420 460 250 290 330 380 420 460 500 280 330 380 420 470 520 570 300 350 400 450 500 550 610 340 400 460 520 570 630 690 370 440 500 560 620 690 750 410 480 550 620 680 750 820 14. .. 16 18 20 22. . 24 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. 12 440 510 530 650 730 800 870 460 530 610 680 760 840 910 490 570 660 740 820 900 990 530 620 710 800 890 980 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 14 . 16 18 20 . 22. . 24 528 Laws Concerning Weights and Measures Use of other Length of log in feet. Diameter of log at small end in inches. 39 40 41 42 43 44 45 46 47 48 Scale in feet. 12... 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 14 16 .... 18 20 22 24 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 I The weights, measures and balances as adopted by the Umted 8 [ I j*'* States government, and as at present in use by said government,^- p.* & " or as may be changed and altered at any time hereafter by said see. 3139 4 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 super- intendent 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 f cu t ^n nsation for 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 measures from Washington, D. C., to Cheyenne, Wyoming, out of any moneys in the treasury not otherwise appropriated. The state librarian shall be authorized, and is hereby directed f^ c ^ e 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 Sec. 3 i4i . 1 11 r -i -i .,1 1 Counties to pay for county, the state librarian shall furnish said county with such county standards balances, weights and measures as said commissioner shall desig- nate 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 manufac- tured at public expense a larger number of sets of balances, weights and measures than may be necessary to fill the call of the county commissioners upon him as above mentioned. The county commissioners of every county shall constantly | e c f^ 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 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; 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. AMMIOT to be custo- The weights, balances and measures provided for each county dian and sealer of shall be in the keeping of the county assessor, and shall be kept in weights t , , t * . ,J . r- 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. (1884.1886) Once in each year from the time at which they are first sealed, county 44 standards to the said sealer of weights and measures shall cause them to be tried and proved by the said public standards, under the direc- tion 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 not exceeding fifty dollars. sec. 3145* * 4) Every sealer of weights and measures shall, at least once in every welkin the county g y ear ' advertise in some convenient newspaper, or put up notifica- tions 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. ' im) The said sealer of balances and weights and measures for each 1001111 ^ shall, once in each 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 men- tioned, 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 men- tioned in this section the sealer of weights and measures shall have double the amount of his regular fees. sec. 3iif^ ) The sea l s an d other things necessary to enable them to perform eir ^^ sfla ^ k e procured by the state librarian and sealers. The cost of such as are procured by the state librarian shall be paid on Wyoming 531 the order of the State librarian 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. Bach sealer of weights and measures is allowed to receive for his 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 min- utes. 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 ff^Ver to prove measures, in his county to try and prove the weights and measures wel s hts n 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- El P enses 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 under this chapter, he shall pay in addition to the fees above pro- vided, the reasonable expenses of such sealer of weights and meas- ures where the distance necessarily traveled shall be over three miles. If any board of county commissioners shall refuse to provide and keep the weights, measures and balances prescribed by l a 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 f^icf of duty by any county, shall wilfully or negligently fail to perform any duty fflc e rs ; P enalt y 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 shaJJ sell or offer to sell, any commodity by, or keep for buying or* selling by, any scales, balances, steely ards, 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 W 8 * iM6) Once in every year every bank or banking house either public or wftehts s seaie 1 d st have 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. p e e c na 3 ity 4 for failure by ^ ^ e ffi cer s 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 provi- sions 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. 3 isf* <5) ^ sna ll be the duty of said county commissioners to see that certain cities to have ever y c jty and town in their county containing two thousand or public scales -_ -11 * < I9II> ch- to between the contracting parties, the following shall constitute sec.^i measurement 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 hun- dred and fifty (450) cubic feet shall constitute a ton of clean tim- othy 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 multiplied by the width, and the result thus obtained multiplied by the length, which will give the number of cubic feet contained in the stack, and the tonnage shall thereupon be determined by dividing the total number of cubic feet by the number of cubic feet allowed under the provisions of this act for a ton. 534 Laws Concerning Weights and Measures cubic foot of water per second of time shall be the legal stand- sec (lS 2 9 ~ 9l) ar d for the measurement of water in this state, both for the pur- Legai 2 standard of pose of determining the flow of water in natural streams, and for water measurement *, - ,. 7**w .. ,-, f the purpose of distributing water therefrom. Laws, 1911, ch. 74 it shall be unlawful for any mine owner, lessee, operator, agent Regulating the or company in this state, employing miners at bushel or ton rates, weigh ing of coal * > .....^, 1 - 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^tsV AM.', S i 9 ^o m p; A cubic foot of water per second of time shall be the legal *$* ' (i8 z) standard for the measurement of water in this state, both for the sec. 742 .purpose of determining the flow of water in natural streams, and Legal standard off JT" r j- ^ -i_ j.- ^-L. water measurement for the purpose of distributing water therefrom, sec!!' I9 " P ch ' 74 It shall be unlawful for any mine owner, lessee, operator, agent weighing oi a coaf * ^ or company in this state, employing miners at bushel or ton rates, or other quantities, in mining coal, to pass the output of coal mined by said miners over any screen or any device which shall take any part of the marketable coal from the amount thereof, before the same shall have been weighed and duly credited to the employes sending the same to the surface, unless otherwise agreed upon between miners and their employers. In case of any agreement where coal is credited to miners after having been screened and weighed, said miners or employes shall receive compensation for all marketable or saleable coal sent by them to the surface, and accounted for at the customary rate of weights; Provided, That this section shall also apply to the class of workers in mines known as loaders engaged in mines where mining is done by machinery whenever the workers are under contract to load coal by the bushel, ton or quantity. FeYd ing stuffs ex- The term "concentrated commercial feeding stuffs," as here emptej use( j shaft no t i nc l u de 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. Icaie 4 s The 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 manufac- ture 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 United States 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 fraudulent weigh- purpose of weighing the output of coal at mines so arranged or ta s- penalt 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 mis- demeanor and shall upon conviction for each offense be punished by a fine of not less than one hundred dollars nor more than three hundred dollars, or by imprisonment in the county jail for a period not to exceed sixty days, or by both such fine and imprisonment. The provisions of this act shall also apply to the class of workers Naders included in mines known as loaders, engaged in mines wherein mining is done by machinery. Whenever the workmen are under contract to load coal by the bushel, ton, or any quantity, the settlement of which is by weight, the output shall be weighed in accordance with the provisions of this act. Any and all acts or parts of acts inconsistent with any of the 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 pounds (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 pounds (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). Feed, 50 pounds (Massachusetts). Fescue, seed of all the, except the tall and meadow fescue, 14 pounds (North Carolina) . Fescue, tall and meadow fescue grass seed, 24 pounds (North Carolina) . Crapes, 40 pounds (Iowa) ; with stems, 48 pounds (Tennessee) ; without stems, 60 pounds (Tennessee). Guavas, 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). Xale, 30 pounds (Tennessee) . 539 54O Laws Concerning Weights and Measures. Land plaster, 100 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 pounds (Alabama) . Middlings, fine, 40 pounds (Indiana) ; coarse middlings, 30 pounds (Indiana). Millet, Japanese barnyard, 35 pounds (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, 1 30 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 pounds (North Carolina) . 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 COMMODITIES FOR WHICH BUSHEL WEIGHTS HAVE BEEN MORE WIDELY ADOPTED a S 3 < Apples Apple seeds. >> _ B. ffi % I m a i H Hickory nuts Hungarian grass seed Indian corn or maize O S d 3& I 1 Corn in ear, unhusked Shelled corn I H 6 Corn meal, bolted Corn meal, unbolted o V 0> 1 O a 5s o 03 52 50 3? Sfi 45 56- 56 N.J... ss N. Mex.. N.Y 50 48 44 44 30 ss 45 56 56- N.C 70 70 68 70 30 55 56 44 "50 N.Dak... 56 Ohio... Okla 40 56 Sfi 44 so 72 56 50 32 48 56 44 Oreg 5& 5& Pa. 40 40 58 R.I... S.C 70 56 50 IMS 44 30 56 44 50 48 48 330 S.Dak... 70 70 70 56 56 Term Tex... 40 4 74 72 56 56 50 48 28 32 48 56 56 48 8 44 44 50 48 48 Utah Vt 45 55 5& Va 70 .... 56 50 32 56 8 44 12 48 Wash... 56 W.Va.... 56 56 Wis 50 44 30 ^50 56 8 44 48 56- Wyo 1 Not defined. a Corn in ear, 70 pounds until Dec. i next after grown; 68 pounds thereafter. 3 Sweet corn. 4 In the cob. 6 Indian corn in ear. Unwashed plastering hair, 8 pounds; washed plaster- ing hair, 4 pounds. 7 Corn in ear, from Nov. i to May i following, 70 pounds; 68 pounds from May i to Nov. i. 8 Indian-corn meal. 9 Cracked corn. Shelled. 11 Free from hulls. IJ Standard weight bushel corn meal, bolted or unbolted,. 48 pounds. 13 Except the seed of long staple cotton, of which the weight shall be 42 pounds. 14 Green unshelled corn, 100 pounds. 15 Green. 16 See also " Popcorn," " Indian corn," and " Kaffir corn." 17 See note * on p. 7. Appendix 543. COMMODITIES FOR WHICH BUSHEL WEIGHTS HAVE BEEN MORE WIDELY ADOPTED Continued Kaffir corn Lime S "5 S3 m 8 Onions Orchard grass seed Osage orange seed Parsnips Peaches Peanuts (or "Ground peas*") Pears ' Pease s t) 1 a Unslacked lime Onions ' Onion sets Peaches ' Dried peaches, peeled Dried peaches, unpeeled Green pease, unshelled I U.S... 2 34 32 32 57 so 50 Ala 38 33 60 Ariz 32 Ark 50 32 32 57 14 33 33 60 Cal Colo m 32 32 57 52 Conn 70 45 33 33 60 Del D.C Fla 50 32 32 32 56 57 2 54 33 38 33 22 *25 60 Ga... 80 60 Hawaii Idaho .. Ill 80 38 <35 32 32 32 32 832 57 48 57 57 57 33 Ind 50 50 50 50 14 14 33 32 55 42 52 33 56 70 2856- Iowa 56 56 80 30 48 48 33 33 20 50 "'60' 60 Kans Ky '.'.'.. 80 35 32 936 14 39 *24 La. Me 32 32 32 32 32 32 32 32 32 32 32 30 52 57 52 54 52 57 57 57 57 57 52 57 45 60 Md 80 <34 "50 14 12 40 22 13 go Mass 70 45 48 33 28 .... i<20 58 60 60 Mich... 70 50 48 50 50 14 14 33 Mum . 80 4? is 28 60 Miss 80 38 38 30 30 32 33 *24 60 Mo... 28 14 36 44 SO 48 33 48 45 56 "60 60 Mont 80 80 Nebr 50 50 25 3? 33 60 Nev 56 50 45 48 48 50 1513 '60 60 60 s fr N. H 70 1533 33 "20 58 N. J... 33 N. Mei.. N. Y 70 32 32 32 32 32 32 57 57 52 55 57 33 60 N. C 50 50 50 50 50 14 22 60 N. Dak 80 60 Ohio.... 70 34 38 48 48 33 60 60 1842 Okla 56 80 i28 14 36 44 33 22 48 45 56 Oreg... 28 Pa. 32 32 50 50 R.I 70 38 50 50 48 33 J 60 S.C S. Dak 80 32 32 32 52 56 57 60 Tenn 19 80 250 50 2228 14 33 50 as 50 50 26 28 23 2456 30 60 70 Tex Utah Vt 32 30 32 52 57 60 Va 80 38 50 28- 14 34 40 28 32 22 2560 Wash... '45 W. Va 32 33 Wis 70 80 234 50 32 57 44 33 60 Wyo 1 Not defined. 1 Green peaches. 1 Green. Malt rye. Top sets; bottom sets 32 pounds. Shelled, 56 pounds. ' Shelled, dry. 8 Strike measure. 9 Bottom onion sets. 10 German and American. " Shelled. 2 Peaches (peeled); unpeeled 32 pounds. 3 Cowpeas. 4 Roasted; green 22 pounds. 8 Not stated whether peeled or unpeeled. 6 Top onion sets. 7 Including split peas. 8 In the ear. 9 Slacked lime, 40 pounds. 20 German, Missouri, and Tennessee mil- let seeds. 21 Matured onions. 22 Bottom onion sets, 32 pounds. 23 Matured. 24 Matured pears, 56 pounds; dried pears. 26 pounds. 26 Black-eyed pease. 28 Barley malt. 27 Includes ' ' Rice corn." 28 " Rice corn." 29 See note *>, p. 7. 30 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 Quinces 9 V . Salt Shorts i Sorghum seed N 3 5r o "3 Sf Tunothy seed Tomatoes Tur- nips Walnuts (U 60 60 60 60 60 60 60 60 Potatoes i Sweet potatoes CO 1 I w i 1 .a S"* 0) 2 O I H Common Eng- lish turnips TT C 60 Sfi Ala 55 60 Sfi SS Ariz Sfi Ark 60 50 14 56 54 50 50 60 57 Cal Colo 60 56 56 80 45 60 54 45 60 50 50 70 20 50 Del Dp 60 Via 60 55 60 60 48 56 Sfi 60 56 54 60 60 60 Ga 41 45 55 Hawaii 56 Idaho 9 HI 50 55 46 50 55 60 Sfi 55 50 45 SS s sssss sssss sssss ss Ind 60 60 60 6 60 56 56 56 56 50 80 80 50 45 55 Iowa 48 50 14 50 250 30 35 45 45 45 50 56 55 55 fiO 50 Kv 55 La Me 60 60 50 50 Sfi 60 56 50 70 70 70 SO Md 60 60 60 54 56 55 60 56 50 314 "26" 50 45 45 45 60 56 60 55 58 Mass 48 45 50 56 56 56 56 56 56 56 56 56 Sfi "56" "so" 50 50 50 80 Mich 60 60 60 60 4 14 Minn 50 4 14 52 57 42 42 45 45 45 45 45 "SS" SO 42 Miss Mo 4 14 SO Mont 60 Nebr 50 50 54 54 60 50 50 45 45 45 45 "56 56 55 56 55 Nev. . . 60 S 60 N.H 48 50 50 70 20 N. J... 60 N. Mex... N.Y.... 54 56 46 50 55 60 45 50 56 56 56 Sfi "so" 56 70 20 45 60 60 60 60 60 60 60 60 N. C. 556 50 4 14 44 50 40 45 45 45 45 50 fiO 50 N. Dak 60 Ohio... 560 56 45 60 60 Okla 60 50 4 14 50 56 Sfi 80 50 42 Oreg 60 Pa. 56 Sfi 50 85 70 R.I... 54 60 50 56 20 45 56 50 S.C S. Dak 46 50 55 60 60 60 56 56 56 80 50 50 45 42 45 45 60 60 60 60 Tenn 48 4 14 50 56 55 50 55 50 Tex. . Utah Vt 60 56 56 Sfi 70 50 45 60 60 60 60 60 60 Va 56 56 12 45 SS Wash... 60 ' W.Va 60 Sfi 45 Wis.... 60 54 50 45 56 50 56 50 70 20 45 42 Wyo 1 Not defined. * Sorghum saccharatum seed. 3 Red top grass seed (chaff) ; fancy 32 pounds. s i r i s h potatoes. Free from hulls. 7 Ground salt, 70 pounds. 8 India wheat, 46 pounds. 6 See note !0 , p. 541. INDEX A Page Accessories. See Appliances and accessories. Acre, equivalent 41, 121, 133,260,277,317,335,353,387 how measured 41, 121,133,277,317 Acre-foot of water, denned 482 Advertisements, circulating or publishing untrue or mis- leading 331 Aericultural colleges, furnished complete set of all weights and measures adopted as standard 4 repairs to standards 5 replacing lost standards 5 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 415 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, unit of current 8 See also Electrical units. Anthracite coal, weight per bushel 541 Apatan, unit of capacity, value 414 Appendix 537 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, 53, 114, 197, 222, 252, 322, 360, 404, 479, 486, 517 T 3 35 Page Appliances and accessories, may be condemned or seized, when jgy unlawful to use, when 350 weights and measures, etc., certified by National Bureau of Standards no bar to further tests 36 Apricots, how sold 355 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, 525 Bagging and ties weight of, baling cloth per yard 325, 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 4^ Banks, required to have sealed weights 210,495,511,532 tender of gold illegal, when 210,495, 511 Bark- cord of, dimensions 169, 289,489,492 number of cubic feet 353,492 number of pounds 388, 519 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 119 falsely packed, penalty for selling , 153 marking false tare 362 number of gallons : 27, 41,56,99,121,176,185,224,260,278,318,354,388,463,521 packing less than required weight 1 18, 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, 3 19, 334, 354, 492, 521 how marked i?i> 3 19> 492 of less capacity 3 X 9, 334 of other shape 319, 3=2 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 minimum weight 364 for beans, dimensions i?7 for beans, green, hi pods, number bushels 463 for beef and pork, capacity 324, 438 dimensions, and of half barrel 324* 363 how made 3*4) 363 weight 117. 324, 363, 432>438, 463 for beets, dimensions 1 77 for brocoli, dimensions i?7 for buckwheat flour, weight, and of subdivisions 218 weight to be marked 218 for buckwheat meal, dimensions 313, 333 how branded 333,333 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 number of pounds 236 for corn, weight to be marked 87 for corn, green, with shucks, number bushels 463 for corn, matured, with shucks, number bushels 463 for corn, on the cob, weight 77 for corn, shelled, weight 77 for cranberries, capacity 295 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 3 6 3 how made 202 weight 202, 363, 463 for flaxseed oil, weight, how ascertained 363 for flour, size 216,323,362,467 to be considered standard 172 of flour, altering inspectors' marks 119 dimensions 81,216,323,362,467 misbranding 321, 323 tolerance 94, 9S Page Barrel, of flour, weight ............................... 56, 81, 94, 106, 117, 134, 161, 178, 185, 218, 235, 242, 278, of subdivisions ................................ 81, 94, 106, 134, 161, 218, 235, 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, true weight to be stamped .................... 88 of grits, how marked .................................. 94, 218 tare .................................................. 94 tolerance ............................................. 94 weight, and of subdivisions ...................... 19, 94, 218 of kale, dimensions ..................................... 177 of lard oil, weight, how ascertained .................... 363 of lime, weight ....................................... 224, 521 of Unseed oil, weight, how ascertained ................. 363 of meal, dimensions .................................. 362, 467 how branded ...................................... 161, 362 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, 218,438,472 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 ................................ 177, 354 of oysters, number of tubs ............................ 20, 238 of parsnips, dimensions ................................ 177 of pears, capacity ............................ 319,320,334,521 dimensions ........................... . ........ 177,334, 521 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, number bushels ................. 463 of potatoes, 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 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 10 of quinces, capacity 319, 320, 334 dimensions , i77>334 other shape 319, 320, 334 other size, how branded 320,334 of roots, dimensions 216 of salt, altering inspectors' marks 119 jiving short weight 466 how branded 363 tare, regulated 364 weight 402 to be marked 363 of soft turpentine, dimensions 92 how made 92 of spinach, dimensions 177 of truck, dimensions 493 flour barrel, half barrel, boxes, or crates not prohib- ited 493 of turnips, dimensions 177 number of bushel 464 of vegetables, dimensions 216, 354 Barrel staves, size 291 Basket or box for berries, capacity 135, 177, 204, 203, 279, 289, 318, 522 dimensions 177 how filled 289, 318 how marked 135, 279 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 327, 430 dimensions 430 how filled 327, 430 use of basket of different size 327, 430 for charcoal, capacity 170, 199, 287, 501 dimensions 170,287,435,501 how filled 170, 435 how marked 199 required to be sealed 435 seizure of unlawful 435 for fruit, capacity 216 dimensions 306 how marked 177,217 other size, how marked 306 must be of represented capacity 316 for kindling wood, number of baskets to cord 435 size 435 unsealed baskets to be seized 435 for shrimp, weight 162 for vegetables, must be of represented capacity 216 Beams. Ste 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 355, 435 weight per bushel 541 weight to be marked 87 Page Beef- barrel, 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 324 weight 324 Beer, standard gallon 99, 224 wine measure used in collecting revenue 9 Beer measure, authorized standard 285 use in sale of milk 99, 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, 522 dimensions 177 how filled 289, 318 how marked 135, 279 may be seized, when 205, 289 may be tested, when 305, 289 not required to be sealed 205 not to be refilled 74 use of other size 204, 205, 289, 328, 522 variation allowed 328 crate for, capacity 533 other sizes unlawful except for first sale within the State 522 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 a88 casks for, size 364 weight to be marked 364 Blackberries basket or box for, capacity 204,289,318,523 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, 522 variation allowed in sale 338 weight per bushel 539 Blueberries. See Blackberries. Blue-grass seed, how sold 34* 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, 3 18, 52* how filled 79 how marked 194, 255, 318, 520 legal measures, when 194, 195 sealing 194, 196, 254, 434, 530 selling by short bottle 336 tolerance 79, 173, 194,318, 530 Box, altering marks 126,467 548 Index Page Box, for alewives and herring, dimensions 203 for apples, capacity 99 dimensions 27, 171, 177,38- 503 short box, how marked * 7 1 special sizes 3 8 for cranberries, dimensions. . 296 rounded measure used 2 96 for fruit or vegetables, must be of represented capacity . 216 for hops, dimensions. 122,380, 523 weight 38o for ice cream, tolerance . . 78, 79 for peaches, cubic capacity 216 for pears, dimensions of standard size 53 for soap and candles 364 fraudulently increasing weight 257262,372,424 marking false tare 362 repacking fruit in without obliterating marks 329 standard, how marked '77 use of not prohibited for agricultural products 493 Bran, how sold 355 measure, form, and dimensions 3 T 9 number of quarts to bushel 3*9 number of pounds per bushel 54* weight to be marked 29, 87, 160 weight per sack *9 Braza, unit of length, value in meters 4*4 Brazil nuts, how sold 355 Bread , fancy, provisions not applicable 204 how sold i35> 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 *35, 279; 35* 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 com- modities S39~544 See also Units of weights and measures; Measures. Page Butter, casks for, capacity 467 full weight required 42, 102. 263 howmarked 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, 102,364,481 when underweight how sold and labeled 135 wrapper not included 263 Buttons, measure 1 1 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, 56 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 54* Castor oil, weight per gallon 14 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 number of pounds 186, 205 sale of grain, etc 205 Centigrade, thermometric scale, use of, in Public Health and Marine-Hospital Service S Chain, for measuring land, value. 41, 121, 133, 260, 277, 317, 339, 353 how tested 339 surveyor's, used in evidence, when 359 official certificate for, to be prima facie evidence of correctness 33 1 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 I 99 sealing 435 fee 428 box may be used for 5 01 cord, number of bushels 17 council may provide for weighing 246 delivery ticket for dealer must give 3!2 furnished, when 296,326 required, when 521 how sold 77,236,260,287,296,326,521 measures 77 dimensions and form 260 half bushel and parts are standard 379 how heaped 260, 379 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, unit 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, 405, 406, 437, 473) 48l) 54* 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 public 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 541 279 28, 521 304 Coal, barrel or bag 160, 199, 236 certificate of weight 29i 49) 58, 74> 75i 279) 296, 304, 312, 326, 406 fees for weighing 292 for public service 12 license required for selling 201, 263 measure 41,201,356,394,428,430 penalty for selling contrary to law 28, 29, 49, 75, 118, 141, 148, 150, 242, 243, 264,304, 328, 330, 356, 375, 389, 390,391,409; 43. 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 number of pounds 12, 21,25,42,47,79,101, 160, I^( 178, 183,199, 224, 236, 242, 261, 262, 264, 279, 318, 326, 356, 388, 389, 394, 4")430,43l,48o,502,503 550 Index Page Coal, weighing and inspection 75. 81, 82, 158, 169, 170, 198, 199, 200, 217, 237, 243, 246. 2?i 34- 327. 330, 348, 372, 389,390,394.43. 437. 514. 532 Cod liver oil, weight per gallon 14 Coffee, 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 12 of money regulated by troy pound of the Bureau of Standards Coins gold, denominations of 13 deviations allowed 13 standard of value 13 tolerated loss of weight by abrasion 14 gold and silver, standard fineness 12 silver, weight of standard silver dollar 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> 3" cities and towns may require to be weighed on public scales 437 delivery ticket furnished, when 296 required 74. 75. 326) 5" how sold 35S license, dealers must have 201 measures, capacity 356 dimensions 356 possessing illegal. 201 sealer may weigh 199, 327 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, 42, 502 how sold 135, 354, 519 may be seized as evidence, when 116, 223 testing weight or measure 37, 53, 116, 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 measures i State, prohibits creation or continuance of State office . . 1 7, 383 power given legislature by, to appoint officers 33 to regulate weights and measures 33 Consular reports, manner of expressing weights and meas- ures 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 269,270 Page Container, required to have net weight marked 89, 350, 458 weight of article to be exclusive of container 350 Containers, sealer and deputies may test weight of com- modities put up in 281 Contracts how construed as to bushel 224 hundredweight 149, 194, 224, 287,379, 489, 521 metric system, use 3,464 net weight 194, 287,379, 521 sale, or purchase of, cotton 291 fruit in barrels 52:1 goods 17, 41, 87, 105, Il8, 122, 135, 215, 235, 26l, 280,353)379. 424 grain. , 118,205 meal 205 personal property 320 quintal of fish 203 ton 149, 489, 521 work 17,41,87,105,122,135,235,261,280,320,353,424 Cord, length of cordwood 398 of bark, dimensions 169 number of pounds 91,388,519 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 82, 92,169,209,289,340,353,398,435,489,492 how packed 92,398 number of cubic feet 12,83,169,224,279,289,353,489,492 vendor to give written statement of quantity 279 Corn, measures may be appointed r68 railroads to weigh, when 29 weight per bushel 542 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, 260 how heaped 41,261 use of heaped measure 41, 260 weight per bushel 542 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>i?8 sweet, dried, how sold , 355 sweet, in ear, how sold 355 Corn hearts, weight per sack 19 Corn meal barrel of, how marked 94, 472 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> 438,47" weight per bushel 542 weight to be marked 18, 237,339 Index Page Corn meal Indian, for exportation 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 Corn 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 *?o Cotton- bagging and ties for, weight of prescribed 93 44* weight of, how ascertained 292 weight of not to be included 291 weight of to be marked 476 bale of, minimum weight 44 2 contracts for, how construed 291, 44* 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, 95, 341, 469 fraudulently increasing weight 25, 42, 96, 262, 331, 349, 372, 468, 480 how marked 3> 93> 373 railroads to weigh, when 29 tare on, prohibited 44* weighing 239, 240,341,432,442,468,473 Cotton goods, penalty for misrepresenting quantity 178 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 939, 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 units. Councils. See Cities and towns. Court. See Evidence. Cranberries barrel for, capacity 295 dimensions 185,295,522 how marked 295, 522 of other shape 523 of other size unlawful, except for first sale within the State 523 box for, dimensions 296 crate for, capacity 185, 522 dimensions 185, 296 of other shape 185 of other size unlawful, except for first sale within the State 5*3 how sold 355 Page Cranberries sale of by, dry measure 177, 318, 522 rounded 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, 296 how filled 296 other shape 185 for fruit, capacity 523 other size of unlawful except for first sale within the State 523 use of, not prohibited for agricultural products 493 Cream. See Milk. Cucumbers, weight per bushel 543 Culm, number of bushels to ton n 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 204, 205 not required to be sealed 205 of less capacity, unlawful 328, 522 variation allowed 328 weight per bushel 539 Current, unit of electrical 8 See also Electrical units. r> Dairy products, to bear statement of net weight or measure of contents 269, 270 Dates, how sold 355 Decimal system, established for coinage 13 Delaware, laws 61 Dimensions of measures. See Measures. Diplomatic reports, manner of expressing weights and measures 9 Director, Bureau of Standards, appointment of, powers and duties x 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 28, 89, 160, 236 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. E> Eggs, weight per dozen iaa Electric meters 324 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 English system, equivalents hi 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> 33 1 certificate of public weighmaster to be prima facie. . . 115, .285 certified weigh bill to be presumptive, when 55 delivery of fraudulent bill of lading of coal presumptive. 330 false or unsealed apparatus may be seized for 55. 116, 192, 223, 288,347, 45 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. *$(>> 281 surveyor may give, when 33 1 surveyor not to give, when 359 weighmaster's certificate to be seized as 47 False scales, weights, and measures definition and tolerance, definition 25,42,101,424,480,502 tolerance 73. 78, 79> 582 procedure and disposition of, may be condemned or seized, when 38, 54, 55, 63. 7*. 73, 77, n6, 126, 137, 138,156,166,170,176, 192, 193. 197, 201, 210,222,223,254,259,281,287,301,304, 312, 333. 338, 339; 344) 347> 356, 357; 360, 362, 367, 401, 404, 405, 428, 435, 439; 454; 465 487. 494. 496, 51) 5*7)530 maybe destroyed, when 54,731222,301,333,338, 339.344)356,367)4I)439)454)494)496)5IO)5I7)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 unlawfully 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, 465, 487, 502, 524 selling 303 using 18,19,20,23,25,38,39,43,55,62,63, 76, 87, 96, 97, 99, 101, 107, in, 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, 479.48o, 500, 502, 511, 524, 531, 532 Farad, unit of capacity '. 8 See alto 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, 206, 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 34,40,45,71,72,176,193,414 for gauging 159, 432 for inspecting barrels, casks, etc 66 for inspecting lumber 80, 126 for measuring 205,209,289,304.397,403,441 for sealing 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 2 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 176,428,465,500,531 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 Fertilizer, 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 35 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 mixed, 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 Food, 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, 503, 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 55 on grains, based on weight 178 Fruit- barrel for, capacity 521 dimensions 216,354, 521 how branded 354 of othc r 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 unlawful 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 i. asure 41, 260 how heaped 41, 261, 215, 379, 520 level 289 repacking hi barrels, etc., without obliterating 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 liquid measure 135 Fuel. See Coal and wood. Furlongs, number of, in a mile 387 number of rods 387 G Gallon, for beer, standard used 99, 224 for milk 99, 224 number of gallons of water in cubic foot 265 number 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 paraffin 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 unit of measure 366 weight of cubic foot 366 meter, penalty for furnishing or using false 119,361, 324 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 373 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 52? 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 32* 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 43* sale of, by cental or bushel 205 weight i4> i4i) 243> 296 unit of weight 413 using unlawful weights or measures 523 weighing and handling 103, no, 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 Grits- weight 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 Gunpowder, 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, 33L 348, 349, 372. 400, 43 full weight required 101, 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 362,311, 533 railroads 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 261,311,343,367,451,533 number of pounds to 25, 42, 84, ioi, 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 4Ii 105, 170, 215, 261,319,354,379, 519 number of cubic inches 56, 500 Hectare, how measured 423 Hemlock bark, number of pounds to cord 519 Hemp, hundredweight 150 ton 150 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 , S42 Page Hogshead, altering inspector's 15rand 1 19 capacity 41, 56, 99, 121, 176, 185, 224, 260, 278, 318, 354, 388, 521 falsely packed, penalty for selling 153 of corn 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 325, 501 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, 262,331,34$, 372, 480 Horse-radish, weight per bushel 539 Huckleberries baskets for, capacity 289 not conforming to standard, penalty for use 389 not required to be sealed 389 sealers may seize, when 289 may test, when 289 sale of, by level measure 289 Hundredweight, number of pounds u, 25, 41, 56, 81, 85, 99, 105, 133, 149, 150, 167, 185, 194, 215, 224, 241, 260, 277, 287, 318, 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 Hungarian grass seed, how sold 355 weight per bushel 542 Hydrometer, standard for collection of revenue 16 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 n penalty for false marking u use of foreign weights and measures 14 weight to appear on casks of sugar 14 Index 555 Page Inch, of cream, value i of water, value 42, 45, 265, 275 Inches, number in meter 413 Indian meal, how packed, weight and dimensions of bar- rel 322, 323 misbranding 322, 323 Indiana, laws 113 Induction, electrical unit 9 See also Electrical units. Inspectors, of electric meters 224 of gas meters 224 of lumber 79, 125, 441 of shingles 125 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 278,354 Iron ore, hundred weight 277, 354 Italian rye grass seed, weight per bushel 539 Japan clover, weight per bushel 539 Jars for milk 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 Kaffir corn, weight per bushel 543 Kale, standard barrel for, dimensions 177 weight per bushel 529 Kansas, laws 133 Kegs for butter and lard, how made 364 net weight to be marked 364 for powder, how stamped 397 who may not use 397 Kentucky, laws 149 Kerosene oil, weight per gallon 140 Kilogram, equivalent in pounds 413 prototype is fundamental standard 6 Land measure. See Chain; Acre. Land plaster, weight per bushel 540 Lard, casks for, capacity 4 6 7 fraudulent packing IS3 giving less quantity than marked 362 how branded 3S o how sold 3SS marking false tare 3 6 a weight of packages prescribed 3S o to be marked 270, 350, 364 Lard oil, weight per gallon 140, 363 Lead, number of pounds to ton 242 penalty for fraudulent weighing 242 Lentils, 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 ........................................... 20 7 council may provide for weighing ...................... 246 dimensions of bushel measure .......................... 395 how sold ............................................... 3 jj unslaked, dimensions and capacity of measure .......... 356 number of cubic inches in standard bushel ............ 356 standard measure for, in Allegheny County .......... 396 weight of barrel ................ ...................... 52I weight per bushel ...................................... 543 ' Line measure for buttons, equivalent in inches ........... n Link. See China. Linseed oil, weight per gallon ........................... 10, 363 boiled, weight per gallon ............................... I40 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, 354, 388, 463, 521 Liquor, barrel and parts of, how taxes are estimated ....... 10 fraudulent packing of, penalty ......................... i S3 not domestic, required to be gauged ................... 438 Liter, equivalent in wine measure ....................... 413 unit of capacity ........................................ 413 Live stock, fraud hi 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 ......... , ....................... 415 Logs measuring, Doyle's rule and log book used ...... 28, 89, 160, 236 Doyle's rule not applicable, when .................... 160 rule ............................................... 489,526 Scribner's rule ....................................... S n Scribner's Lumber and Log Book used ............ 160, 236 Spaulding's table used ............................... 43 table showing number of feet in log of given dimen- sions ............................................... 527 See also Lumber. Louisiana, laws .......................................... jjj Lucerne, weight per bushel .............................. 540 Lumber, cities may request inspection ................... 217 English system of weights and measures may be employed ............................................ 9l j how measured ......................................... g inspectors, board of county supervisors may appoint. . . 125 duties .................................. 80, 103, 280, 441, 526 should not deal In lumber ........................... go vacancies, how filled ................................. g plank, how measured ................................. 2 go standard ............................................ 399 Lupines, weight per bushel .............................. 540 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 ................. 41,260,496 how heaped ...................................... 41,261,496 556 Index Page Manure, number of bushels to load 496 use of heaped measure 41 260, 496 See also Fertilizer. Marble, cities and towns may appoint surveyor of and make regulations 20? appointment of measurer of, and compensation 397 Marl, dimensions and form of measure 41, 260 how heaped 41,261 use of heaped measure 4 1 , 260 Maryland, laws *75 Mason work, perch of, number of cubic feet 45. 69,100,122,277,343,353,368,451 Massachusetts, laws J 8s Mayor. See Cities and towns. Meadow seed, weight per bushel 54 Meal- barrel of, dimensions 362, 467 how branded 88, 161, 362 weight 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 54 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, 2 6o 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. Page 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 1 19 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 offices exchanging mails with foreign countries . 3 ounce, avoirdupois, equivalent in grams for postal pur- poses j Metric system, authorized 3 equivalents in English 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, 277,353,413,423 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 Milk, 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, 508 penalty for not having marked io penalty for mutilating 173 scaling 65, 172, 254, 434, 502 using of, unsealed 50* 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 210,2*7 to keep toll dishes 150, 237, 238, 339, 466 to pack corn 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 weighing 183 marked as to weight 47 Mine scales, fraudulently using 143, .114 manner of weighing cars 183 operator to provide ai, 30,47,109,119,120,154,183,246,314,373,482,512.534 testing 31,30, 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, 1541220,266,365,375,483 ittineral, 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, i9- Ir 9- r 3> *4 2 > *54' J 82, 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 i powers and duties i employees, how appointed i establishment i fees for tests i functions of, for whom may be exercised i local standards may be certified 479 name changed to x regulations i 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, 485, 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 295 New Mexico, laws 309 New York, laws 317 North Carolina, laws 335 North Dakota, laws 343 Nuts- sale 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 Officers in charge of standards and testing, city and town. 17, 33>34>37>38,39, SSt 4> "3, 124, 137, 155, 165, 190, 235, 236, 249, 285, 297, 299, 313, 322, 330, 356, 400, 401, 403 416, 419, 420, 455, 457, 462, 488, 492, 494, 495, 517, 523 county 17. 18, 27, 33, 34, 37, 38, 39, 40, 43, 46, 47, S3, 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. 4<53. 437, 452, 462,472,492,495,499,512,530 impersonating, hindering, and obstructing 39, 56, 77, TOO, 104, 116, 123, 136, 152, 161, 190, 223, 231,232,256,282,287,303,348, 488, 518 State 17, 18, 27, 33 , 46, 5 1, 64, 71, 75, 97, 99, TOO, 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, 4i6, 424, 425, 437, 461,471,479,485,491,495,499,509,515. 5i6.529.53i township 214 Ohio, laws 355 Ohm, unit of resistance 8 See also Electrical units. Oil- weight of barrel, how ascertained, of flaxseed 363 of lard 363 of linseed 363 weight per gallon of castor oil 14 cod-liver oil 14 flaxseed oil ~ 10,363 558 Index Page Oil- weight per gallon of gasoline 140 kerosene 140 lard oil 140,363 linseed oil 10, 363 Unseed oil, raw 140 linseed oil, boiled 140 menhaden oil 140 miner's oil 140 naphtha 140 neat's-f oot oil 140 olive oil 140 paraffin oil 140 poppy-seed oil 10 sperm oil 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 101 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 ounces contained in package to be marked ^9 in kegs or cans, amount of liquid allowed 330 quantity to be marked 33O out of shell, number of ounces contained in package to be marked ^9 sold by wine measure Packages, defined ........................................ fraudulently increasing weight ........................ 42 of butter, weight to be marked ......................... of commodities, how marked ........................... may be seized as evidences, when ............... 55,116, may be weighed, when ............................... weight to be marked ................................. of corn meal, standard weight .......................... of feeding stuff, to bear statement of weight ............ 59, 89, 96, 108, 128, 144, 145, 182, 220, 226, 288, 293, 308, 349, 365, 373, 410, 439, 458, 472 2 g 3 372 481 I7? 323 37 87 33 9 20, 237, ,490 Page Packages, of fertilizers, to bear statement of weight ...... 18 29, 160, 204, 219, 334, 365, 380, 411, 436, 440, 477, 490, 495 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, 345, 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, 271,364 penalty for altering label ............................... 364 Paraffine oil, weight per gallon ........................... I40 Parsnips, how sold ....................................... 3 jj standard barrel for, dimensions 177 weight per bushel ...................................... 543 Peaches- basket or box for, cubic capacity ....................... 216 dimensions .......................................... 30 6 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 ............................ 522 of other size unlawful except for first sale within the State .............................................. S22 weight per bushel ...................................... 543 Peanuts, sold by dry measure ............................ 177 weight per bushel ...................................... 543 weight to be marked ................................... gg Pearl ashes, barrels for, dimensions and minimum weight. 364 Pears- barrel for, capacity ........................... 3I9 , 32 o, 334, 521 dimensions ........................................ 334, S2I double-headed, dimensions ........................... 177 of less capacity, how marked ......................... 334 of other shape, lawful .......................... 32 o, 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 ...................................... S22 of other size unlawful except for first sale within the State .............................................. S2 how sold ............................................... 355 weight per bushel ...................................... 543 Peas, how sold ........................................... 3J j weight per bushel ...................................... 543 green, barrel for, dimensions ........................... 177 how sold ............................................. 3 S j green, in hull, number of bushels to barrel ............. 463 Pecans, how sold ........................................ 3 jj Peddler. See Driver. Pennsylvania, laws ...................................... 383 Pepper, in bulk, how sold ................................ 3SJ 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 ............................................... 59 in piles .............................................. 69 in walls .............................................. 59 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 4 J 4 value in Spanish pounds 4M Pig iron, hundredweight 278) 354 Pine-tree products, how sold 355 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 hi pounds 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. "6, 223, 252, 258,431, 486, 518 Pop corn, 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 minimum weight. 364 Potatoes, ascertaining mean weight 208 barrel of, capacity 319,320 dimensions 1 77,354 how marked 88, 3 19, 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 74 Pound, English avoirdupois equivalent in grams 415 number of in kilogram 413 value of derived from kilogram 6 Power, electrical unit of 9 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, number 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, 510 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 hi liter .................... 413 Quilate, or international carat, value in milligrams ....... 414 Quinces barrel for, capacity .............................. 319, 320, 334 dimensions ........................................ 177, 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 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 ...................... na to inspect all sealing devices ........................... 327 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, 5*4 how filled .......................................... 289, 318 may be seized, when ........................... 204, 205, 286 may be tested, when ................................. aoj 560 Index Page Raspberries container for, not required to be sealed 205 of less capacity 204, 205, 328, 522 variation allowed 3 2 8 sale of, by dry measure I 77 weight per bushel S4 1 Record, sealers to keep, of work done 39, 54, 73, 114, 115. 139. iSL 163. 176, 181, 200, 283, 286, 300, 312, 322, 345, 419, 518 State sealers to keep , of work done 1 13, 136, 221, 253, 337, 383, 426, 486, 516 Redtop seed, how sold 355 weight per bushel 544 Registered tonnage of ships I0 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, 53. 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 4 2 5 Rhubarb, weight per bushel 54 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, 277.317,335,353,387 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 4i> 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 Heal, 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 officials, of county, city, and town 53, 71,114, 188,224,2491,298,313,321,322,330,360,391,428,515,517 of State officials 71,100, 126, 188,298,337,383,485,515,529 See also Fees and compensations. Salt, altering inspector's marks. ... 119 ascertaining mean weight 208 barrel of, tare 364 weight 403 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, metric system 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 1 1 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 54 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 3 '9 weight per bushel 544 Shrimp, how measured J 62 weight of basket 162 Silver, coin and sterling, percentage of pure metal re- quired 3& 1 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 5 replacing lost standards 5 Soap, net weight to be marked on packages 364 Soapstone, surveyor 207 Sorghum seed, weight per bushel 544 Index Page South Carolina, laws 437 South Dakota, laws 451 Spanish units, inch 4*4 foot 4U ounce 4M pound 414 Spaulding's table for measuring logs 43 Specific gravity, standards for determining 416 Spelt or spilt, weight per bushel 544 Sperm oil, weight per gallon 140 Spice, net weight to be marked on package 227 Spices in bulk, how sold 355 Spinach, barrel for, dimensions i?7 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 city and town, care 34. 53, 188, 190, 286, 298, 404, 425, 462, 488, 495 duplicate set 192, 3; 46* furnishing or procuring 33> S3. 158, 189,285,300,356,357,401. 402, 404, 417. 425. 488, 491. 516 list 188,285,425 county, care 34> 53. 62,64, 175. 197; 285, 298,386, 404, 437)471; 495, 509 character 27, 61, 137, 149, 164, 262, 509 duplicate sets 3> 452, 461 furnishing or procuring 17, 27, 33, 46, S3> 92, 123, M9) 156, 164, 213, 235, 241.300,309,311,321,338,346, 356, 384. 385. 44> 452) 46i) 471) 491, 499, 509, 529, 531 metric 3 authorized 277 furnished States 4 State, care 18, 33, 46, 51, 64, 105,133,163,221,249,281,300,343,356, 383, 424, 437, 461,471,491,499,509)529 duplicate set 186,317, 451 procuring 97. 3> 3"> 343)384 repairs 4 replacing lost 4 what are 17)87,33,45,51,61,87,91,97,99,105,113, 121, 133, 149, 155) i4> 175) 2I3> 235) 249) 259) 267, 277, 285,295,300,309,317,335,343,346,353,379,383,384, 425. 437, 45L 46l> 47I> 479. 485. 491, 499, 509, 515) 529 township, township board to procure 214 township clerk to procure, when 215 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 145 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 45,69,100,122,277,343,353,368,451 in boats 69 in cars 69 in piles 69 in walls 69 Stone coal, weight per bushel 541 Straw, fraud in baling 400, 403 fraud in marking 403 how graded 206 how sold 84 tare 326 ton 84, 117, 178 variation from weight allowed 326,333 weighing and inspection 84, 206, 207, 230, 231 weight of baling material 326, 333 weight to be marked 326,333,403 Strawberries basket or box for, capacity 204, 289, 318, 522 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, 522 variation allowed in sale 328 weight per bushel 540 Struck measure, for bran and shorts 319 for charcoal 287 how filled 105, 118, 149, 354 number of cubic inches 56, 519 used for nuts and berries, when aes Sugar, fraudently increasing weight 96, 424 full weight or measure required 434 how sold 355 net weight or measure 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 210 Swedish seed, weight per bushel 539 Tare, failing to mark 361 making greater deduction than shown 477 on barrels and casks 302,363,364 on breadstuffs 66 on butter 363 on cotton 93) 292, 441 on. flour 94) 34) 361 on grits 94 on hay 84, 333 8578 12 3 6 562 Index Page Tare, on hops 325; Si on meal 94, 362 on meat 362 on rice 93 stamping false , 23. as, 43, 66, Si, 101, 126, 262, 333, 345, 367, 380, 424, 455, 480 Taximeters, commissioner to make rules and regula- tions 196 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 54 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, 163, 189, 190, 250, 285, 286, 298, 320, 356, 360, 383, 404,416,427,479,485,487,491,494,513,316 county standards 18,27,33, 34,51162,64,106,113,123, 136,163, 164,213,250,285, 298, 31. 320, 343. 356, 386, 404,461,491,499,510,530 standards of institutions and private firms 4, 52, 113, 136, 221, 250, 320, 486, 516 State standards 33, 51, 113, 136, 187, 23i, 250, 281, 298,320,384,485, 515 trade weights and measures, kept by banks. . 210, 495, 51 1, 532 kept for sale 35, 72, 157, 167,417 refusing or neglecting to have tested 39, 73, 74, 8?) 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, 165, 175, 190, 214, 215, 221, 250,322, 345, 427. 4S2, 462,464. 486, 494. 499>5I7,S3,532 at other periods 35, 61, 64, 72, 73,91,92, 137, 138, 139,254,239,299,312,322,337,360,401,424,455,510 semiannually 37, S3, "4 testing upon request 27,36, 106, 136, 165, 190, 236, 241, 259, 299, 453, 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 Timber- cubic 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 illegal 440 standard scale 537 use of other scale 527 Timber inspector, election 440 Time, standard for State S 8 Timothy seed, how sold 355 weight per bushel 544 Page Tobacco, altering inspector's marks 1 19 exact weight to be given regardless of condition 469 fraudulently increasing weight 153, 424, 468 packing less than required weight us weight to be marked 182 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... i commodities, coal 326, 389 corn meal 94 flour 94 fruit packages 328, 329 grits 94 hay 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 aS6 prescribing 73, 256, 302, 350, 488, 516, 533 Tomatoes, how sold -. . . 355 weight per bushel 544 Ton, number of pounds u, 25, 41, 45, 56, 99, 105, 133, 149, 167, 185, 241, 260, 261, 267, 278, 295, 318, 354, 388, 480, 489, 500, 521 of, bark, number of pounds 388 of coal, number of bushels ",47, 261 number of cubic feet 50 number of pounds 12, 21,25,42,47, 79, 101, 1 60, 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 u 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, 101, 117, 178, 261, 262, 267, 343, 367, 451, 480, 502 of hemp, number of pounds 150 of lead, number of pounds 242 of mineral, number of pounds 242 of ores, number of pounds 242 of shale, number of bushels n of straw, number of pounds 84, 117, 178 of timber, number of cubic feet 290 of zinc, number of pounds 242 Tonnage of ships, mode of measuring 16 registered, how measured 16 Tools. See Appliances and accessories. Township, size 15 Track scales, fees 77, U7> 57> 58 maintenance and supervision 63, 227, 230, 244, 245, 274 railroads to provide 28, 29, no, in, 129, 146, 147, 273, S3, 54, 55, S6, 507, testing 77, 109, 227,427, 503, 506, 507 tolerance 78 Index 563 Page Troy pound, of the Bureau of Standards made standard for coinage * Truck barrel, dimensions 493 use of flour barrel, boxes or crates not prohibited 493 Tub, for butter, weight 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, number of pipes 388 Turnips, barrel for, dimensions i?7 how sold 355 number of bushels to barrel 464 weight per bushel 544 Turpentine, soft, barrels for, dimensions 92 weight per gallon 140 U United States, laws i Units of weights and measures units of length, English system 3 meter and subdivisions and multiples 3, 6, 413, 424 metric system 3 yard and subdivisions 40, 121,133,164.187,224,260,277,317,353,387,461 units of mass, cram 4, 413, 424 kilogram 4, 6 metric system 4 pound, ratio of avoirdupois to troy 41, 56, 121, 164, 185, 260, 267, 277, 353, 354 subdivisions of 164, 277, 353, 354 Spanish units 414 troy pound 3 units of surface, are 413 hectare 423 list given 317 metric system, equivalents in English system 4 Spanish units, equivalents in metric system 414, 415 square meter 423 square yard 40, MI, 277, 353, 387 units of volume and capacity, apatan 413 arroba 413 bushel and subdivisions 41, 87, 121, 133, 176, 224, 260, 267, 278, 318, 354, 384, 388, 461 cavan 413 chupa 413 gallon 41,56,87,99,122,133, 176, 186, 224, 260, 278, 285,318, 354,384, 387, 461, 521 eanta : 4I4 liter 3,413,423 material and construction 164 metric units, equivalents in English system 3 Spanish units, equivalents 4I4 Upland cotton, weight per bushel S42 Utah, laws 479 Vara, unit of length 4I4 value in meters 4I4 yard substituted 3IO Vegetables, boxes or baskets for, to be of represented ca- pacity 2l6 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 measure ................................ 500 Velvet grass seed, weight per bushel ..................... 540 Vendor. See Driver. Vermont, laws ........................................... 485 Vetches, weight per bushel .............................. 540 Vinegar, proof gallon ..................................... n required to be gauged, when ........................... 438 Virginia, laws ............................................ 491 Visiting committee, to Bureau of Standards, period of service of members ................................. a Volt, unit of electromotive force .......................... 8 See also Electrical units. Wagon scales, cities and towns may maintain, when ..... 125 railroads to provide at State inspection points .......... 245 sealer to test every six months ......................... 427 Walnuts, how sold ....................................... 355 sold by strike or level measure, when .................. 25 weight per bushel ................... '. .................. $44 Warehouse scales, control of, who has .................. 103, 244 inspection ....................................... 103, in, 146 subject to experiment and test by inspector ............ 243 subject to inspection ................................... 375 to be provided ......................................... 152 Warehouses, establishment .............................. 152 examination of gram and scales ........................ in inspector to be appointed by fiscal court, when ........ 153 penalty for neglect of inspection, etc ................... 153 scales used in, subject to inspection ..................... 243 supervision .......................................... 145, 146 use of incorrect scales .................................. m under management of commissioners of railroads ....... 348 weighing of grain ...................................... 457 weighing of tobacco .................................... 182 Warrant. See Police power. Washington, laws ........................................ 499 Water, acre-foot ....................................... 275, 482 cubic foot of, per second, equivalent in miner's inches . . 275 manner of measuring ................................ 363 number gallons ...................................... 263 unit of measure ..................... 46, 2 119, 130, 143, 184,314,374, 58, 534 Wtighmasters, control of, by railroad and warehouse com- mission 228, 230 for public scales 85, 124, 194, 214, 225, 268, 287, 344; 368, 406, 407, 455, 473, 47S 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 53 warehouse 42, 2 44 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 Wood- cord of, dimensions. 82, 92, 169, 209, 289, 340, 353, 398, 435, 489, 492 number of cubic feet... 12,82,83,169,224,279,289,353,489,492 number of baskets 435 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 cities 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 35, 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 Yard, number of square yards in acre 335 substituted for vara 310 value derived from meter 6 Zinc, number of pounds to ton 242 penalty for fraudulent weighing 942 o UNIVERSITY OF CALIFORNIA LIBRARY ^ book is D UE on the last date stamped below. NOV 4 1947 . '*ft?V REC'D LD DEC -8 1958 RETTD UAN 9 195J ISNovW ftH^T'D j u OCT14K, LD 21-100m-12 1 '46(A2012sl6)4120 UNIVERSITY OF CALIFORNIA LIBRARY