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 CALIFORNIA STATE PRINTING OFFICE 
 
 SACRAMENTO 
 
 1919 
 

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 CHARLES G. JOHNSON 
 Superintendent 
 
 CALIFORNIA STATE PRINTING OFFICE 
 
 SACRAMENTO 
 
 1919 
 

 WEIGHTS AND MEASURES. 
 
 CONSTITUTIONAL PROVISION. 
 
 SEC. l:4*v.^hej(^ste$fi;*inay by general and uniform 
 laws p?oyifte T fr. -tt. inspection, ficreasurement and gradua- 
 tion "of 'mercSariu'ise, manufactured articles and commodi- 
 ties, and may provide for the appointment of such officers 
 as may be necessary for such inspection, measurement and 
 graduation. [Amendment adopted October 10, 1911.] 
 
WEIGHTS AND MEASURES ACT. 
 
 An act to establish a standard of weights and measures 
 in the State of California; to regulate weights and 
 measures and weighing and measuring instruments 
 and devices and providing for the inspection and 
 sealing thereof; to prevwtf the u*e and'sdfa of false 
 weights and measures an'd'* w'sig'.'iing ariG* measuring 
 instruments and devices; providing for the inspection, 
 measurement and' weighing vf good^,]comnio t 3ities, 
 wares, packages and amounts 'of commodities kept 
 for sale or in process of delivery; to prevent the sale 
 of goods, wares and merchandise ~by false weights and 
 measures; to provide penalties for the violation of the 
 provisions of this act; for the admission in evidence 
 of copies of the state's standard of weights and 
 measures; providing for the appointment of officers 
 to enforce and carry into effect the provisions of this 
 act including a State Superintendent of Weights and 
 Measures and his deputy, sealers of weights and 
 measures and their deputies; defining the powers and 
 duties of such officers; and making an appropriation 
 to carry this act into effect. 
 
 [Approved June 16, 1913 ; Stats. 1913, p. 1086. Amended, 
 Stats. 1915, p. 1312; Stats. 1917, p. 1647.] 
 
 SECTION 1. There is hereby created the office Office of 
 of State Superintendent of Weights and Meas- superin- 
 ures. Within thirty days after this act becomes tendent of 
 effective, the governor shall appoint a suitable * e e i fjj s and 
 person as State Superintendent of Weights and created. 
 Measures. Wherever in this act the term super- 
 intendent or state superintendent is used, it 
 shall be taken as referring to and meaning State 
 Superintendent of Weights and Measures. 
 
 SEC. 2. The term of office of State Superin- Term 
 tendent of Weights and Measures shall be four 
 years, or until his successor shall have been 
 appointed and qualified,, but he shall always be 
 subject to removal at the pleasure of the gov- 
 ernor. The salary of State Superintendent of 
 Weights and Measures shall be four thousand balary - 
 dollars per annum, payable in the same manner 
 as other state officers are paid. Before entering 
 upon his duties he shall execute a bond to the R 
 state in the sum of five thousand dollars, con- ( 
 ditioned upon the faithful performance of his 
 duties. [Amendment, Stats. 1911, p. 1648. 
 Also amended, Stats. 1915, p. 1312.] 
 
 SEC. 3. The state superintendent may ap- 
 point a deputy, who shall have the same powers De P uties - 
 as the state superintendent. Such deputy shall 
 receive a salary of eighteen hundred dollars per 
 
 965382 
 
4 GENERAL LAWS. 
 
 annum, payable in the same manner as other 
 state officers are paid. He shall be at all times 
 subject to removal at the pleasure of the state 
 superintendent. The state superintendent may 
 also appoint additional deputies from time to 
 time to serve as sealers of weights and measures 
 at the request of counties, as provided in sec- 
 tion sixteen -oi this act. Such deputies when 
 actually employed shall be paid at the rate of 
 one hundred and fifty dollars per month by the 
 ecuctj engaging tiieir s-ervices and not by the 
 state. They also shall receive their actual 
 traveling expenses from such county. [Amended, 
 Stats. 1915, p. 1313.] 
 
 Traveling SEC. 4. The state superintendent and his 
 
 expenses 6 de P ut y sna11 each be allowed their actual travel- 
 ing expenses, to be approved by the state board 
 of control in the same manner as other claims 
 against the state. The state superintendent 
 shall also be allowed necessary office expenses to 
 be approved by the state board of control in the 
 same manner as other claims against the state. 
 
 Standards of SEC. 5. The standards of weights and meas- 
 ures received from the United States under a 
 resolution of congress approved June 14, 1836, 
 and such new weights and measures as shall be 
 received from the United States as standard 
 weights and measures in addition thereto or 
 renewal thereof, and such as shall be procured 
 by the state in conformity therewith and certi- 
 fied by the national bureau of standards, shall 
 be the state standards by which all state, county 
 and municipal standards of weights and meas- 
 ures shall be tried, proved and sealed. 
 
 Custody of SEC. 6. The standards referred to in the pre- 
 irds - ceding section shall be kept by the state superin- 
 tendent in a safe and suitable place in his office 
 from which they shall not be removed except for 
 repairs or certification. He shall maintain such 
 standards in good order and shall submit them 
 at least once in ten years to the national bureau 
 of standards for certification. Upon demand the 
 secretary of state shall deliver to the state 
 superintendent all standards now under the con- 
 trol and in the possession of the secretary of 
 state in his capacity of ex officio state sealer 
 of weights and measures. The state superin- 
 tendent shall thereupon submit such standards 
 received from the secretary of the state to the 
 national bureau of standards for certification, 
 and he shall replace such standards as are in- 
 correct and purchase such additional standards 
 as shall be necessary to complete and make up 
 a complete standard of weights and measures as 
 required by this act. He shall also purchase 
 
DEPARTMENT WEIGHTS AND MEASURES. 
 
 such apparatus as shall be found necessary to a 
 proper prosecution of the work of the office. 
 The State Superintendent of Weights and 
 Measures may establish tolerances and specifi- Tolerances, 
 cations for commercial weighing and measuring 
 apparatus for use in the State of California 
 similar to the tolerances and specifications 
 recommended by the national bureau of stand- 
 ards, and he may establish a standard net 
 weight, or net measure, or net count of any 
 commodity, produce or article except any manu- 
 factured commodity consisting of four or more 
 staple ingredients, and prescribe such tolerances 
 for same as he may in his best judgment deem 
 necessary for the proper protection of the pub- 
 lic. Any person violating such standards or 
 tolerances shall be guilty of a misdemeanor. 
 [Amended, Stats. 1911, p. 1648. Also amended, 
 Stats. 1915, p. 1313.] 
 
 SEC. 8. The state superintendent shall, at Copies 
 the request of the legislative body of any county, cS, etc. 
 city, town, or city and county, furnish to said 
 county, city, town or city and county, copies of 
 the standard weights and measures of the state ; 
 such copies shall be furnished at the expense of 
 the county, city, town or city and county re- 
 questing the same. He shall upon request of Testing, 
 the legislative body of any county, city, town, 
 city and county or upon the request of a sealer 
 of weights and measures of any such county, 
 city, town or city and county, appointed pur- 
 suant to the provisions of this act, test and 
 accurately approve copies of the state's stand- 
 ards of weights and measures procured by any 
 such county, city, town or city and county to be 
 used by a sealer of weights and measures in the 
 performance and discharge of his duties. Copies 
 furnished under the provisions of this section or 
 copies tested and approved by the state superin- 
 tendent under the provisions of this section shall 
 be true and correct ; shall be sealed and certified 
 to by the state superintendent and stamped with 
 the letter "C." Such copies need not be of the 
 same material or construction as the standards 
 of the state and such copies may be furnished in 
 any suitable materials or construction that the 
 county, city, town, or city and county requiring 
 the same may specify, subject to the approval 
 of the state superintendent. 
 
 SEC. 9. The state superintendent shall in- inspection of 
 spect and correct the standards used by each standards 
 county, city, town and incorporated city and 
 county of the state, and at least once in two 
 years compare the same with those in his pos- 
 session and keep a record of the same, and 
 
6 GENERAL LAWS. 
 
 where not otherwise provided by law he shall 
 have general supervision of the weights and 
 measures and weighing and measuring devices 
 offered for sale, sold or in use in the state. 
 Sealers of weights and measures appointed 
 under the provisions of this act shall, upon the 
 request of the state superintendent, deliver to 
 the state superintendent at his office the copies 
 of the state's standards of weights and measures 
 in their possession, and used in the discharge 
 and performance of their duties, for verification 
 and certification by the state superintendent. 
 
 Expense. The actual expense of such comparison and 
 verification shall be borne by the county, city, 
 town or city and county whose weights and 
 measures are compared and verified. In addi- 
 tion to the standards heretofore referred to and 
 required to be kept by the state, the state shall 
 
 Complete set a j go nave a complete set of copies of said orig- 
 inal standards of weights and measures adopted 
 by this act, which shall be used for adjusting 
 county and municipal standards by the state 
 superintendent and his deputy in the perform- 
 ance of their duties, and the original standards 
 shall not be used except for the adjustment of 
 this set of copies and for certification purposes. 
 Additional complete sets of copies of such orig- 
 inal standard of weights and measures may be 
 purchased by the superintendent when the same 
 are necessary for use by any deputy state super- 
 intendent employed by counties under section 
 sixteen of this act. The state, however, shall 
 be reimbursed for the purchase of such copies 
 by the county in which the same are used, in 
 the manner hereinafter provided. 
 
 Testing of SEC. 10. The state superintendent or his 
 
 meSi t res and de P utv shall at least once annually and as 
 used by state of ten as requested by the state board of control 
 institutions. OP the executive officers of the institutions 
 herein referred to, test the scales, weights and 
 measures used in checking the receipt and dis- 
 bursement of supplies in every institution con- 
 ducted by the state, and he shall report in 
 writing his findings to the executive officer of 
 the institution concerned and to the state board 
 of control. 
 
 Inspecting SEC. 11. The state superintendent or his 
 work of local deputy shall at least once in two years visit the 
 sealers. various cities and counties of the state and 
 inspect the work of the local sealers of weights 
 and measures, and in the performance of said 
 duties he or his deputy may inspect the weights, 
 measures, balances or any other weighing or 
 measuring devices of any person, firm or corpo- 
 ration. The state superintendent and his 
 
DEPARTMENT WEIGHTS AND MEASURES. 
 
 deputy shall have all the powers of sealers of 
 weights and measures provided for in this act. 
 
 SEO. 12. The state superintendent, if he 
 finds that any sealer of weights and measures sealers 
 appointed under the provisions of this act, or neglecting 
 any sealer or deputy sealer appointed by any duties - 
 city or county in this state, prior to this act, 
 has refused or neglected to perform the duties 
 of his office or refused to accept the recom- 
 mendations and instructions of the state super- 
 intendent or is guilty of any malfeasance in 
 office or who is incompetent, shall present to 
 the body, officer or board having power to 
 remove such sealer or deputy sealer of weights 
 and measures a written charge and accusation 
 based upon and clearly stating the alleged 
 offense or offenses of such sealer or deputy 
 sealer and request such body, officer or board to 
 hear and determine such charge and accusation. 
 Upon receipt of such charge and accusation, it 
 shall be the duty of the body, officer or board 
 with whom the same have been filed to make 
 an order setting the same for hearing at a time Hearing, 
 which shall be not less than ten nor more than 
 twenty days from the date upon which such 
 charge and accusation shall have been filed, and 
 shall in such order fix the time and place for 
 such hearing. A copy of such charge and Copy 
 accusation, together with a copy of such order, furnished 
 shall be served upon the accused at least seven ac 
 days prior to the time fixed for such hearing ; 
 provided, that in the event he shall absent him- 
 self from his usual place of business, or office, 
 such service may be made by depositing such 
 copies in a conspicuous place therein or by 
 leaving the same at the last known place of 
 residence of the accused, within the time above 
 limited. At such hearing the accused shall have 
 the right to be represented by council, if he so 
 desires, and to produce witnesses and docu- 
 mentary evidence in his defense. If, upon such If found 
 hearing, he be found guilty of malfeasance in 
 office, or adjudged to be incompetent to perform 
 the duties of his office, the body, officer or board 
 before whom such hearing is had must forth- 
 with remove him from office. If he be found 
 guilty of any of the other offenses herein 
 enumerated he may be punished by removal or 
 by suspension without pay for a period not 
 exceeding thirty days, as such body, board or 
 officer may determine. If he has reason to 
 believe that any such sealer or deputy sealer of 
 weights and measures has committed any of the 
 offenses specified in section seven hundred and 
 seventy-two of the Penal Code, the state super- 
 
8 GENERAL LAWS. 
 
 intendent may, in his discretion, present an 
 Accusation accusation to the superior court of the county 
 to superior in which the accused is employed, which shall 
 thereupon be heard and determined by such 
 court in the manner provided by law. The 
 remedies provided in this section are cumulative 
 merely, and shall not in any wise detract from 
 the right of the appointing power to remove at 
 will any such sealer or deputy sealer of weights 
 Unlawful to and measures. It shall be unlawful for the 
 instrument!? state superintendent, his deputies, or any sealer 
 of weights and measures to keep for sale, or 
 offer or expose for sale, or to sell to any person, 
 firm, or corporation, or dealer in goods, wares 
 and merchandise, doing or intending to do busi- 
 ness in the State of California any weighing or 
 measuring instrument, or to be interested 
 directly or indirectly in the sale of any weigh- 
 ing or measuring instrument. [Amended, Stats. 
 1915, p. 1313.] 
 
 Investigate SEC. 13. It shall be the duty of the state 
 conditions superintendent to investigate conditions in the 
 instate. various counties, cities and towns of the state 
 in respect to weights and measures, and to the 
 sale of goods, wares and merchandise, com- 
 modities and foodstuffs in containers. The 
 state superintendent shall annually report to 
 the governor, and shall prior to each regular 
 session report to the legislature the work of his 
 office, and shall make such recommendations as 
 he shall deem proper and necessary. 
 
 Instructions SEC. 14u The state superintendent shall 
 to sealers. i ssue instructions and make recommendations 
 to the county and municipal sealers of weights 
 and measures, appointed under the provisions 
 of this act, and such instruction and recommen- 
 dations shall govern the procedure to be fol- 
 lowed by the aforesaid officers in the discharge 
 of their duties. 
 
 Record of g E c. 15. The state superintendent shall 
 acts done. keep in h}s o fg ce a complete record of all acts 
 done by him and a record of all prosecutions 
 for violation of the provisions of this act, and 
 the reports of the various sealers of weights 
 and measures appointed under the provisions of 
 this act, which records and reports shall always 
 be open to the public. 
 
 Office of SEC. 16. The office of sealer of weights and 
 
 sealer of measures is hereby created. Whenever in this 
 Sures act the term "sealer" is used, the same shall be 
 created. taken to mean and refer to sealer of weights 
 and measures. Within one hundred and twenty 
 days after the approval of this act by the gov- 
 ernor, it shall be the duty of the board of super- 
 visors of each of the counties of the state 
 
DEPARTMENT WEIGHTS AND MEASURES. 9 
 
 except as hereinafter provided, to appoint a 
 staler of weights and measures for their respec- 
 tive counties ; said sealer shall receive as com- Compen- 
 pensation the sum of five dollars per day for satlon - 
 each day actually employed in the service of the 
 county, to be audited and paid as other claims 
 against the county. He shall be allowed his 
 traveling expenses actually and necessarily in- 
 curred in the performance of his duties. The 
 term of office of such sealer of weights and Term, 
 measures shall be four years, but he shall be 
 subject to removal at the will of such board. 
 A sealer appointed under this act may, with the 
 consent of the board of supervisors of the 
 county appointing him, appoint a deputy or Deputies, 
 deputies when necessary or expedient to carry 
 out the provisions of this act. The compensa- 
 tion of such deputies shall be the same as the 
 county sealer and paid in the same manner. 
 Such deputies shall always be subject to re- 
 moval by the sealer of weights and measures. 
 In case the legislative body of any county or Failure of 
 city and county shall not appoint a sealer for legislative 
 such county or city and county within thirty a p p oi n t 
 days after written request for such appoint- 
 ment by the state superintendent, is received, 
 said state superintendent shall assign as soon 
 as practicable a deputy superintendent who 
 shall perform all the duties of sealer in such 
 county or city and county as provided in this 
 act to be performed by county or city sealers 
 and to provide copies of the original standards 
 of weights and measures for use by said deputy 
 in such county. The actual cost of such serv- 
 ices shall be paid by the county in the same 
 manner in which other claims against the 
 county are paid. The amount to be paid shall 
 be at the rate of one hundred and fifty dollars 
 per month for the time such deputy superin- 
 tendent is employed in such county in addition 
 to the actual traveling expenses of such deputy 
 made necessary by such appointment. The 
 county shall also stand its proportionate share t < ost O f 
 of the actual cost of the set of copies to be used copies, 
 in such county by such deputy, at the rate of 
 one-twelfth of the cost thereof for every month 
 such copies are employed therein during the 
 first year of their use, and in that event such 
 county may at any time pay the balance of the 
 cost of such copies and become the owner 
 thereof, or the county may pay rental to the 
 state for the use of such copies at the rate of 
 ten per cent per annum of the cost price 
 thereof. [Amended, Stats. 1915, p. 1315.} 
 
10 
 
 GENERAL LAWS. 
 
 Appointment 
 of sealers. 
 
 Compen- 
 sation. 
 
 Traveling 
 expenses. 
 
 Term. 
 
 SEC. 17. The legislative body of any county 
 or consolidated city and county of the first to 
 the thirty-fifth classes, both inclusive, and the 
 legislative body of any city or town may ap- 
 point a sealer of weights and measures, fix his 
 compensation and provide for the appointment 
 by the sealer of such number of deputies as the 
 said legislative bodies may deem necessary and 
 expedient. Such sealer shall receive as com- 
 pensation the sum of one hundred fifty dollars 
 per month, or at the rate of one hundred fifty 
 dollars per month for each month or part 
 thereof actually employed in the service of such 
 county, or city and county, or city and town. 
 He shall be allowed his traveling expenses 
 actually and necessarily incurred in the per- 
 formance of his duties ; and such deputies shall 
 each receive as compensation the sum of five 
 dollars per day for each day actually employed 
 in the service of such county, or city and 
 county, or city and town. They shall be 
 allowed their traveling expenses actually and 
 necessarily incurred in the performance of their 
 duties. The term of office of sealer of weights 
 and measures appointed under the provisions of 
 this section shall be four years. He shall be 
 subject to removal by the power appointing 
 him. Deputies appointed under the provisions 
 of this section by a sealer of a county, city and 
 county, or city, or town, shall be subject to 
 removal by the sealer. 
 
 In counties of the second class whose char- 
 ters provide for a department of weights and 
 measures, the appointment of a sealer and 
 deputies, the number of such deputies and the 
 term of office thereof shall be as provided in 
 said charter ; provided, that the sealer shall 
 receive for compensation the sum of three thou- 
 sand dollars per annum, and one deputy, to be 
 known as chief deputy, shall receive as compen- 
 sation the sum of two thousand four hundred 
 dollars per annum. Deputies shall receive as 
 compensation the sum of one thousand eight 
 hundred dollars per annum, each payable ia the 
 same manner as the salaries of other county 
 In counties officers are paid. In counties of the third class 
 the sealer shall receive as compensation the 
 sum of one thousand eight hundred dollars per 
 annum, and deputies shall each receive as com- 
 pensation the sum of one thousand five hundred 
 dollars per annum, payable in the same manner 
 as the salaries of other county officers are paid. 
 
 In counties 
 of second 
 class with 
 charters. 
 
 of third 
 class. 
 
DEPARTMENT WEIGHTS AND MEASURES. 11 
 
 In all counties other than those of the first to Appointment 
 the thirty-fifth classes, both inclusive, no county J J|Jj2J, es 
 sealer or deputies shall be appointed by the counties by 
 legislative body thereof, but the State Superin- state super- 
 tendent of Weights and Measures shall assign intendent. 
 to such counties, or groups of such counties, 
 such deputy superintendents as may be neces- 
 sary, but not more than one to each of such 
 counties. Such deputies shall have jurisdiction 
 over such county, or group of counties, as the 
 state superintendent may designate, except 
 within the territorial limits of those cities and 
 towns within which sealers have been appointed 
 under the provisions of this act. They shall 
 have all the powers and perform the duties of a 
 sealer of weights and measures. They shall be 
 paid by the county wherein employed, five dol- 
 lars a day for each day employed therein, which 
 shall not exceed one hundred and twenty days 
 in any one county in any one year, and they 
 shall also receive from such county their actual 
 traveling expenses. The terms of office of all 
 sealers and deputy sealers in all counties other 
 than those of the first to the thirty-fifth classes, 
 both inclusive, shall terminate when this section 
 becomes effective. [Amended, Stats. 1911, 
 p. 1649.} 
 
 SEC. IS. The jurisdiction of a sealer ap- Jurisdiction 
 pointed or a deputy state sealer employed for of sealers - 
 a county shall extend over the entire territorial 
 limits of the county appointing such sealer, 
 except within the territorial limits of those 
 cities and towns within which sealers have been 
 appointed under the provisions of this act. The 
 jurisdiction of the sealer of weights and meas- 
 ures appointed by the legislative body of any 
 city or town under the provisions of this act 
 shall extend over the entire territorial limits of 
 such city or town. 
 
 SEC. 19. This act shall not affect the ap- Sealers 
 pointment of any sealer of weights and meas- JerSofm-e 
 ures heretofore appointed for any city, town or not a ff e cted. 
 city and county under any law, but such sealers 
 shall perform the duties of the office under the 
 provisions of this act, and shall possess the 
 same powers and duties as sealers appointed 
 under the provisions of this act. 
 
 SEC. 20. Except as herein otherwise pro- Copies of 
 vided the board of supervisors or legislative JoStSs etc 
 body of each county, city, town and city and 
 county of the state shall, upon the appointment 
 of a sealer under the provisions of this act, pro- 
 vide and procure for their respective county, 
 city, town and city and county, copies of the 
 state's standards of weights and measures at 
 
12 
 
 GENERAL LAWS. 
 
 Copies to 
 be tested. 
 
 Copies 
 deemed 
 correct. 
 
 Duties of 
 sealers. 
 
 the expense of such county, city, town or city 
 and county ; such copies shall be verified and 
 certified to by the State Superintendent of 
 Weights and Measures as in section eight of 
 this act provided. 
 
 SEC. 21. Sealers appointed under the pro- 
 visions of this act shall, at least every two 
 years, cause to be proved and tested by the 
 state superintendent copies of the state's stand- 
 ards in their possession. If, upon such inspec- 
 tion, or any inspection by the state superintend- 
 ent, the copies of the weights and measures 
 tested shall be found to be incorrect, the same 
 shall be adjusted, if the same are susceptible of 
 being adjusted, but if not, new copies shall be 
 procured and certified to in the same manner 
 as original copies. 
 
 SEC. 22. In any prosecution for a violation 
 of any of the provisions of this act any copy 
 of the standards of weights and measures of the 
 state furnished, procured and certified to under 
 the provisions of this act, shall be admitted in 
 evidence upon the trial, and such copy shall be 
 deemed prima facie true and correct. 
 
 SEC. 23. It shall be the duty of any sealer 
 of weights and measures to carefully preserve 
 all copies of the standards of weights and 
 measures in his possession, and to keep the 
 same in a safe and suitable place when not 
 actually in use ; and it shall be his duty an- 
 nually and at such other times as the state 
 superintendent may require, to file with such 
 superintendent a written report of the work 
 done by him of the weights, measures, weighing 
 and measuring instruments inspected or tested 
 by him and of the result of such inspection, of 
 all prosecutions instituted by him for violations 
 of the provisions of this act and of all other 
 matters and things pertaining to his duties or 
 which may be required by the state superin- 
 tendent. 
 
 SEC. 24. Every person using or keeping for 
 weighing and use or having or offering for sale weights, 
 instruments scales ' beams > measures or every kind, instru- 
 to have same ments or mechanical devices for weighing or 
 tested. measurement, and tools, appliances and acces- 
 sories connected with any or all of such instru- 
 ments or measures within a county, city, town, 
 or city and county in which there has been 
 appointed a sealer under the provisions of this 
 act, shall within three months after the ap- 
 pointment of such sealer cause all such weights, 
 scales, beams, measures of every kind, instru- 
 ments or mechanical device for weighing or 
 measurement, and tools, appliances and acces- 
 
 Dealers in 
 
DEPARTMENT WEIGHTS AND MEASURES. 13 
 
 sories connected with any or all such instru- 
 iivents or measures to be sealed and marked by 
 the sealer of weights and measures of the 
 county, city, town or city and county in which 
 the same are used, kept for use or kept or 
 offered for sale. 
 
 SEC. 25. No weight, scale, beam, measure Instruments 
 of any kind, instrument or mechanical device l gjj d b j efope 
 for weighing or measurement, nor tools, appli- sa i e 
 ances or accessories connected with any or all 
 of such instruments or measures shall be used, 
 kept for use, sold, offered for sale or kept for 
 sale in any county, city, town or city and 
 county, in which there is a sealer appointed 
 under the provisions of this act and in which 
 for three months there has been continuously 
 in office in such county, city, town or city and 
 county a sealer, unless such weight, scale, beam, 
 measure of any kind, instrument or mechanical 
 device for weighing or measurement, and tools, 
 appliances and accessories connected with any 
 or all such instruments or measures shall have 
 been sealed and tested as in this act provided. 
 
 SEC. 26. When any weight, scale, beam, Instruments 
 measure of any kind, instrument or mechanical jJ 1 goi d inay 
 device for weighing or measurement, and tools, and use( j. 
 appliances and accessories connected with any 
 or all such instruments or measurements have 
 been tested and found correct by any sealer ap- 
 pointed under the provisions of this act, the 
 same may be used, kept for use, offered for sale, 
 sold, or kept for sale within any county, city, 
 town or city and county of this state for one 
 year without any further test. Any weight, 
 scale, beam, measure of any kind, instrument or 
 mechanical device for weighing or measurement, 
 and tools, appliances and accessories connected 
 with any or all such instruments or measures, 
 which have been tested and sealed and certified 
 to as correct by the national bureau of stand- 
 ards, may be kept for sale, sold or offered for 
 sale without being first tested and sealed by a 
 sealer as in this act provided. But all such 
 weights, scales, beams, measures of any kind, Subject to 
 instruments or mechanical devices for weighing inspection, 
 or measurement, and tools, appliances and 
 accessories connected with any or all such in- 
 struments or measures shall always be subject 
 to inspection and testing as herein provided, 
 notwithstanding that the same have been tested 
 and sealed either by a sealer appointed under 
 the provisions of this act or by the national 
 bureau of standards. 
 
14 
 
 GENERAL LAWS. 
 
 Testing of 
 
 assembled 
 before use. 
 
 Testing upon 
 
 requestor 
 
 resident. 
 
 request of 
 firm, etc., 
 using. 
 
 Not relieved 
 
 from 
 
 violation. 
 
 SEC. 27. Any scale, beam or mechanical 
 for wei nin ff or measuring, which, after 
 being sold and before being used for weighing 
 or measuring it is necessary to assemble or set 
 up, may be sold, kept for sale,- or offered for 
 sale without first being tested and sealed as in 
 this act provided ; but such scale, beam or 
 mechanical device for weighing or measuring, 
 before being used for weighing or measuring 
 must be tested and sealed as in this act pro- 
 vided. 
 
 SEC. 28. Upon a written request of any 
 resident of a county, city, town or city and 
 county, in which there has been appointed a 
 sealer under the provisions of this act there 
 appearing reasonable ground therefor, the sealer 
 for such county, city, town or city and county 
 shall test or cause to be tested, as soon there- 
 after as is practicable, the weights, scales, 
 beams, measures of any kind, instruments or 
 mechanical devices for weighing or measure- 
 ment, tools, appliances and accessories connected 
 with any or all such instruments or measure- 
 ments used in buying or selling by the person, 
 firm or corporation, designated in such request. 
 Upon the written request of any person, firm or 
 
 ' . t f ii * 
 
 corporation, using, having for use, selling, keep- 
 ing or offering for sale any weight, scale, beam, 
 measure of any kind or instrument or mechan- 
 ical device for weighing or measurement, tools, 
 appliances and accessories connected with any 
 or all such instruments or measures, in any 
 county, city, town, or city and county in which 
 there has been appointed a sealer under the 
 provisions of this act, the sealer for such 
 county, city, town or city and county shall test 
 or cause to be tested, as soon thereafter as is 
 practicable, the weights, scales, beams, measures 
 of any kind, instrument or mechanical device 
 for weighing or measurement, tools, appliances 
 and accessories connected with any or all such 
 instruments or measures belonging to or used 
 bv suca person, firm or corporation ; but such 
 written request shall not relieve the person, firm 
 or corporation making it from any violation of 
 the provisions of 'this act or of the responsibility 
 provided in this act for using, keeping for use, 
 selling or offering to sell, or keeping for sale, 
 any false weight, scale, beam, measure of any 
 kind, instrument or mechanical device for 
 weighing or measurement, tools, appliances and 
 accessories connected with any or all such 
 instruments or measures. 
 
DEPARTMENT WEIGHTS AND MEASURES. 15 
 
 SEC. 29. The sealer shall, within his county, Duties of 
 city, town or city and county, inspect, try, test se 
 all weights, scales, beams, measures of any kind, 
 instruments or mechanical devices for weighing 
 or measurements, and tools, appliances and 
 accessories connected with any or all such in- 
 struments or measures, kept for the purpose of 
 sale, sold, or used by any proprietor, agent, 
 lessee or employee in proving the size, quantity, 
 extent, area, weight or measurement of quanti- 
 ties, things, produce, articles for distribution or 
 consumption, purchased or offered or submitted 
 by such person or persons for sale, hire or 
 award and ascertain if the same are correct ; 
 and he shall have the power to and shall, from 
 time to time, weigh or measure packages or Weigh 
 amounts of commodities of whatsoever kind kept P aclca & es - 
 for the purpose of sale, offered for sale or sold, 
 or in the process of delivery, in order to deter- 
 mine whether the same contain the quantity or 
 amount represented and whether they are being 
 offered for sale or sold in accordance with law 
 and may seize for use as evidence any such 
 amounts of commodities or package or packages 
 which shall be found to contain a less amount 
 than that represented. He shall, at least once 
 in each year, or as much oftener as he deems 
 necessary, see that the weights, measures and 
 all weighing and measuring apparatus, used in 
 his county, city, town, or city and county, are 
 correct. He may, for the purpose above men- 
 tioned, and in the general performance of his 
 duty, without formal warrant, enter or go into 
 or upon, any stand, place, building or premises 
 or stop any vendor, peddler, junk dealer, driver 
 of a coal wagon, ice wagon or delivery wagon or 
 the driver of any wagon containing commodities 
 for sale or delivery and, if necessary, require 
 him to proceed to some place which the sealer 
 may specify for the purpose of making the 
 proper tests. 
 
 SEC. 30. Any sealer having knowledge of a Violators 
 violation of any of the provisions of this act, or P rosecut ed. 
 of any law relating to weights and measures 
 shall cause the violator to be prosecuted. 
 
 SEC. 31. Whenever a sealer compares weights Marking 
 and measures or weighing or measuring instru- 2^jj? es and 
 ments and finds that they correspond, or causes tested, etc. 
 them to correspond, to the standards in his pos- 
 session, he shall seal or mark, under his name, 
 such weight or measure or weighing or measur- 
 ing instrument with an appropriate device 
 showing that the weight or measure or weighing 
 or measuring instrument is correct and the date 
 of the inspection, which device shall be placed 
 
16 
 
 GENERAL LAWS. 
 
 "Out of 
 order." 
 
 so as to be easily seen. He shall condemn and 
 seize and may destroy incorrect weights and 
 measures and weighing and measuring instru- 
 ments which in his best judgment arc not sus- 
 ceptible of repair, but any weight, measure or 
 weighing or measuring instrument which shall 
 be found to be incorrect, but which in his best 
 judgment are susceptible of repair, he shall 
 cause to be marked with a tag or other suitable 
 device with the words "Out of Order." The 
 owners or users of any weights or measures or 
 weighing or measuring instruments which have 
 been marked "Out of Order," as in this section 
 provided, may have the same repaired or cor- 
 rected within thirty days, but until the same 
 have been repaired or corrected and tested as 
 herein provided the owners or users thereof may 
 neither use nor dispose of the same in any way, 
 but shall hold the same at the disposal of the 
 sealer. When the same have been repaired or 
 corrected the ow r ner or user thereof shall notify 
 the sealer and the sealer shall again test and 
 prove the weight, measure, or weighing or 
 measuring instrument, which had been found 
 incorrect and marked as in this section provided, 
 and until such weight, measure, or measuring 
 or weighing instrument has been reinspected by 
 the sealer and found correct, the same shall not 
 be used or in any way disposed of by the owner. 
 Any person who removes or obliterates any tag 
 or device placed upon any weight, measure, or 
 prohibited, weighing or measuring instrument by the sealer 
 as in this act provided, shall be guilty of a 
 misdemeanor. When any weight, measure or 
 weighing or measuring instrument has been 
 repaired and corrected, as in this act provided, 
 and has been reinspected and found correct by 
 the sealer of weights and measures, as in this 
 act provided, the sealer of weights and measures 
 shall remove the tag or device with the words 
 "Out of Order," and shall seal and mark such 
 weight, measure, or weighing or measuring in- 
 strument in the manner provided for the mark- 
 ing of the same where upon inspection they are 
 found correct. 
 
 SEC. 32. Any person who, by himself, or his 
 posses'sing'or employee or agent, or as the employee or agent 
 using false O f another, shall use, in the buying or selling of 
 measures" any commodity, or retain in his possession a 
 false weight or measure or weighing or measur- 
 ing instrument, or shall offer or expose for sale, 
 or sell, except as heretofore specifically allowed 
 in section twenty-seven of this act, or use or 
 retain in his possession any weight or measure 
 
 Removal 
 of tags 
 
 Penalty for 
 
DEPARTMENT WEIGHTS AND MEASURES. 17 
 
 or weighing or measuring instrument in any 
 county, city, town, or city and county in which 
 there has been appointed a sealer of weights 
 and measures in accordance with the provisions 
 of this act, which has not been sealed by a 
 sealer within one year, or who shall use or 
 dispose of any condemned weight or measure, or 
 weighing or measuring instrument contrary to 
 law, or any person who, by himself, or his em- 
 ployee or agent, or as the employee or agent of 
 another, shall sell or offer or expose for sale or 
 use or have in his possession for the purpose of 
 selling or using any device or instrument to be 
 used or calculated to falsify any weight or 
 measure, and any person who, by himself, or 
 his employee or agent, or as the employee or 
 agent or another, shall sell or offer or expose for 
 sale any commodity, produce, article or thing in 
 a less quantity than he represents it to be or 
 contain, shall be guilty of a misdemeanor. Pos- 
 session of any false weight or measure or weigh- 
 ing or measuring instruments or records thereof 
 shall be prima facie evidence of the fact that 
 they were intended to be used in the violation 
 of law. [Amended, Stats. 1911, p. 1650. Also 
 amended, Stats. 1915, p. 1316.] 
 
 SEC. 32a. No person shall by himself or his Sale of 
 employee or agent, or as the employee or agent commodities 
 of another sell or offer or expose for sale any t ha ^ 
 commodity, produce, article or thing- a t, by, or we i g ht, 
 according to gross weight or measure, or at, by, etc., mis- 
 as, of, or according to any weight, measure or demeanor - 
 count which is greater than the true net 
 weight, measure or count thereof, or which is 
 less than the standard net weight, standard net 
 measure or standard net count, including toler- 
 ances, as such standards and tolerances are now 
 or may hereafter be established pursuant to the 
 provisions of this act. Any person violating 
 any of the provisions of this section shall be 
 guilty of a misdemeanor. [Added, Stats. 1917, 
 p. 1650.] 
 
 SEC. 33. The state superintendent, his deputy, Power of 
 all sealers and their deputies, in the perform- 
 ance of their official duties, shall have the same 
 powers as are possessed by peace officers of this 
 state. 
 
 SEC. 34. Any person who shall hinder or Hindering 
 obstruct in any way the state superintendent, sealers - 
 or his deputy, or a sealer or his deputy, in the 
 performance of their official duties, shall be 
 guilty of a misdemeanor. 
 
18 
 
 GENERAL LAWS. 
 
 Refusing 
 
 Refusing 
 to exhibit 
 
 es 
 
 Penalty 
 forfalse 
 
 ng ' 
 
 Misde- 
 meanor. 
 
 "Person." 
 
 Duty of 
 
 rwnorations 
 ' 
 
 SEC. 35. Any person neglecting or refusing 
 to exllil>it an y weight, measure, or weighing or 
 measuring instrument of any kind, or appliances 
 and accessories connected with any or all of 
 such instruments or measures which is in his 
 possession or under his control, to the state 
 superintendent, or his deputy, or to a sealer or 
 his deputy, for the purpose of allowing the same 
 to be inspected and examined as in this act pro- 
 vided, shall be guilty of a misdemeanor. 
 
 SEC. 36. Any person, who by himself, or his 
 employee or agent, or as a proprietor or man- 
 'ager, shall refuse to exhibit any article, com- 
 modity, produce or anything being sold or 
 offered for sale at a given weight or quantity, 
 or ordinarily so sold, to the state superin- 
 tendent, or to his deputy, or to a sealer or his 
 deputy, for the purpose of allowing the same to 
 be tested and proved as to the quantity con- 
 tained therein as in this act provided, shall be 
 guilty of a misdemeanor. 
 
 SEC. 37. Any sealer who shall seal any 
 weight, measure, balance or apparatus before 
 first testing and making the same conform with 
 the standards of the state, or who shall condemn 
 any weight, measure, balance or apparatus 
 without first testing the same, shall be deemed 
 guilty of a misdemeanor. 
 
 SEC. 38. Any person violating any of the 
 provisions of this act shall be guilty of a mis- 
 demeanor. 
 
 SEC. 39. The word "person," as used in this 
 act, shall be deemed to include person, firm or 
 corporation. 
 
 SEC. 40. It shall be the duty of all officers, 
 directors and managers of corporations, whose 
 respective corporations use or keep for use, sell 
 or offer for sale, any weights, measures, or 
 weighing or measuring instruments which are 
 subject to inspection by the provisions of this 
 act, to comply with the provisions of this act 
 on behalf of their respective corporations ; and 
 it shall be the duty of all officers, directors and 
 managers of corporations, whose respective cor- 
 porations offer for sale or keep for sale any 
 commodity, produce, article or thing which is 
 subject to inspection by the provisions of this 
 act, to comply therewith on behalf of their 
 respective corporations. In case any corpora- 
 tion shall violate any of the provisions of this 
 act, the corporation and the officers thereof 
 direcly concerned with the act or acts consti- 
 tuting such violation shall be severally guilty 
 of a misdemeanor. 
 
DEPARTMENT WEIGHTS AND MEASURES. 19 
 
 SEC. 41. Any sealing or testing of any Sealing by 
 weight, measure, weighing or measuring icstru- 
 inent by the state superintendent or his deputy 
 shall have the same force and effect as a sealing 
 or testing by a sealer or his deputy. 
 
 SEC. 42. There is hereby appropriated out Appro- 
 of the general fund of the state the sum of pr 
 twelve thousand dollars for carrying into effect 
 the provisions of this act. 
 
 SEC. 43. This act when cited or amended Title of act. 
 may be designated as the "weights and measures 
 act." [Amended, Stats. 1917, p. 1650.] 
 
20 GENEBAL LAWS. 
 
 NET CONTAINER ACT. 
 
 An act to provide for the indicating of the net quantity 
 of foodstuffs and stuffs intended to be used or pre- 
 pared for use as food for human beings, and medi- 
 cine, and other commodities when gold or offered or 
 exposed for sale in containers and providing for the 
 indicating of quantity in the sale of commodities in 
 respect to which there exists a definite trade custom, 
 and providing penalties for the violation thereof. 
 [Title amended, Stats. 1919, Chapter 104.] 
 
 [Approved May 27, 1913 ; Stats. 1913, p. 247. Amended, 
 Stats. 1915, p. 1263 ; Stats. 1917, p. 87 ; Stats. 1919, 
 Chapter 104.] 
 
 Title of act. SECTION 1. This act shall be known as the 
 
 Net Container Act. 
 
 Purpose SEC. 2. This act is designed to protect pur- 
 
 of act. chasers of any commodity within its provisions 
 against deception as to the quantity or amount 
 of the commodity purchased, and as against the 
 seller shall be strictly construed with a view to 
 effect its object. 
 
 Application SEC. 3. The provisions of this act shall 
 of act. apply to foodstuffs and stuffs intended to be 
 used or prepared for use as food or medicine 
 for human beings and shall apply to any com- 
 modity when sold, offered or exposed for sale 
 in containers. [Amended, Stats. 1919, Chapter 
 104. Also amended, Stats. 1915, p. 1263.] 
 Net quantity SEC. 4. Whenever any of the commodities 
 plainly within the provisions of this act are sold, or 
 marked. offered or exposed for sale, in containers, the 
 net quantity of the contents of the container 
 shall be plainly and conspicuously marked, 
 branded, or otherwise indicated on the outside 
 or top thereof or on a label or tag attached 
 thereto. 
 
 Designation SEC. 5. The designation of the quantity of 
 of quantity. the com modity required by section four of this 
 act shall be in terms of weight, measure or 
 numerical count, subject however to the follow- 
 ing provisions : 
 
 (a) The quantity of the contents so marked 
 shall be the net amount of food or stuff or other 
 commodity in the package or container. 
 
 (6) If the designation is by weight it shall 
 be in terms of avoirdupois pounds and ounces : 
 if the designation is in liquid measure it shall 
 be in terms of the United States gallon of two 
 hundred thirty-one cubic inches and its custom- 
 
DEPARTMENT WEIGHTS AND MEASURES. 21 
 
 ary subdivisions, i.e., in gallons, quarts, pints, Designation 
 or fluid ounces; provided, that, by like method, of quantity, 
 such designations may be in terms of the metric 
 system of weight or measure. 
 
 (c) The quantity of solids shall be desig- 
 nated in terms of weight, and of fluids in terms 
 of measure, except in case of an article in 
 respect to which there exists a definite trade 
 custom ; in such case the designation shall be in 
 terms of weight, or measure, or numerical 
 count, in accordance with such custom. 
 
 (d) The quantity of the contents shall be 
 designated in terms of weight or measure, un- 
 less the container be marked by numerical 
 count and such numerical count gives accurate 
 information as to the quantity of the food or 
 other commodity in the package. When desig- 
 nation is by numerical count it shall be in 
 English words or Arabic numerals. 
 
 (c) The quantity of the contents may be 
 stated in terms of minimum weight, minimum 
 measure or minimum count, but in such cases 
 the designation must approximate the actual 
 quantity and there shall be no tolerance below 
 the stated minimum. 
 
 (f) The quantity of viscous or semisolid 
 foods, or of a mixture of solids and liquids, may 
 be stated in terms of weight and measure. 
 When products are packed in brine or other 
 preserving fluids, the weight or measure of such 
 brine or fluids shall not be included in the 
 weight or measure of the edible or commodity 
 indicated on the container. [Amended, Stats. 
 1919, Chapter 104. Also amended, Stats. 1915, 
 p. 1264; Stats. 1917, p. 87.] 
 
 SEC. 6. The provisions of this act shall not wherein not 
 apply applicable. 
 
 (a) To any sale of a commodity within the 
 provisions of this act when such sale is made 
 from bulk and the quantity is weighed, meas- 
 ured or counted for the immediate purpose of 
 such sale. 
 
 (b) To a sale of any container of an orna- 
 mental or symbolic character with which a 
 quantity of some commodity is sold as merely 
 incidental. 
 
 (c) To a sale of a commodity in any con- 
 tainer of a net weight of two ounces or less, or 
 of a commodity in any container of a measure 
 of two fluid ounces or less, or of a commodity 
 in any container of a numerical count of six or 
 less. 
 
 (d) To the sale of medicine, when prescribed 
 by a licensed physician, veterinarian, or dentist ; 
 
22 
 
 GENERAL LAWS. 
 
 Discrepancy 
 due to 
 unavoidable 
 shrinkage, 
 etc. 
 
 Discrepancy 
 in commod- 
 ity received 
 by seller. 
 
 'Person.' 
 
 Container 
 defined. 
 
 Penalty. 
 
 or to medicinal or pharmaceutical preparations 
 or mixtures of two or more medicinal sub- 
 stances. [Amended, Stats. 1915, p. 1264-] 
 
 SEC. 7. It shall not be held to be a violation 
 of the provisions of this act when a commodity 
 in a container is sold, or offered or exposed for 
 sale, and there is a discrepancy between the 
 actual quantity of the commodity in said con- 
 tainer and the net quantity of the contents 
 thereof indicated on the container as herein pre- 
 scribed, provided such discrepancy is due to 
 unavoidable leakage, shrinkage, evaporation, 
 waste, or causes beyond the control of the seller 
 acting in good faith. 
 
 SEC. 8. It shall not be held to be a violation 
 of th3 provisions of this act when a commodity 
 in a container is sold, or offered or exposed for 
 sale, and there is a discrepancy between the 
 actual quantity of the commodity in said con- 
 tainer and the net quantity of the contents 
 thereof indicated on the container as herein pre- 
 scribed provided, that the seller purchased said 
 commodity in said container, in good faith rely- 
 ing upon the said indication of the net contents 
 thereof, and sold said commodity in said con- 
 tainer without altering the contents thereof 
 or tha indication of the contents thereof; and 
 provi led, further, that the exemption of this 
 section shall not apply to any sale unless the 
 container had the name of a packer, manufac- 
 turer, wholesaler, or jobber thereon at the time 
 the seller purchased it. 
 
 SEC. 9. The term "person" used in this act 
 shall include every person, firm, company, co- 
 partnership, society, association and corpora- 
 tion. 
 
 SEC. 10. The term container used in this 
 act is hereby defined to be any receptacle or 
 carton into which a commodity is packed, or 
 any wrappings with which any commodity is 
 wrapped or put for sale, or to be offered or 
 exposed for sale. No containers, boxes, or 
 baskets wherein food products or other com- 
 modities are packed shall have a false bottom, 
 or be so constructed as to facilitate the perpe- 
 tration of deception or fraud. [Amended, 
 Stats. 1919, Chapter 104. Also amended, Stats. 
 1911, p. 88.] 
 
 SEC. 11. Every person, who by himself or 
 his agent, servant or employee violates or causes 
 or pe.-mits to be violated any of the provisions 
 of this act shall be guilty of a misdemeanor and 
 upon conviction shall be punished by a fine of 
 not less than twenty-five dollars nor more than 
 
DEPARTMENT WEIGHTS AND MEASURES. 23 
 
 five hundred dollars, or shall be imprisoned in 
 the county jail for a term not exceeding six 
 months, or by both such fine and imprisonment. 
 
 SEC. 12. All acts and parts of acts incon- Repealed, 
 sistent with or in conflict with any of the pro- 
 visions of this act are hereby repealed. 
 
 (a) It shall not be held to be a violation of Containers 
 the provisions of this act to sell or offer for sale complying 
 any commodity contained in a container which 
 complies with the provisions and requirements 
 of any act of congress or the opinions and regu- 
 lations as issued by the secretary of agriculture 
 and appertaining to net weight or measure. 
 
 (6) The enforcement of the provisions of Enforcement, 
 this act shall be under the supervision of the 
 State Superintendent of Weights and Measures. 
 [Amended, Stats. 1915, p. 1265.] 
 
24 GENERAL LAWS. 
 
 WEIGHMASTER ACT. 
 
 An act defining public weighmaster; describing his duties; 
 providing for rules and regulations governing the per- 
 formance of his duties; prescribing a bond and fixing 
 the amount thereof ; and providing penalties for any 
 violation of the provisions of this act. 
 
 [Approved June 8, 1915 ; Stats. 1915, p. 1288. Amended, 
 Stats. 1919, Chapter 348.] 
 
 Public SECTION 1. All persons, firms, corporations, 
 
 weighmaster. copartners or individuals engaged in the busi- 
 ness of public weighing for hire, or any person, 
 firm or corporation, who shall weigh or measure 
 any commodity, produce, or article, and issue 
 therefor a weight certificate which shall be 
 accepted as the accurate weight upon which the 
 purchase or sale of such commodity, produce or 
 article, is based, shall be known as a public 
 
 Bond. weighmaster, and shall file a bond with the 
 
 state superintendent of weights and measures 
 in the sum of one thousand dollars for the 
 faithful performance of his duties, and shall 
 obtain from the state superintendent of weights 
 and measures a seal for the stamping of weight 
 certificates hereinafter provided for, which 
 shall only be in such form as such superin- 
 
 Exception. tendent may prescribe ; provided, that nothing 
 in this act shall apply to any scales, or to the 
 owner or lessee thereof, which are situated 
 wholly outside of any incorporated city or town, 
 except where said scales are being used in the 
 weighing of any commodity which has been or 
 is bein purchased by the owner or lessee therof , 
 which are being used in the weighing of any 
 commodity intended for storage for which a 
 storage charge is made. 
 
 Seals. (a) The said seals shall be the property of 
 
 the state and shall be forfeited and returned to 
 the state superintendent of weights and meas- 
 ures upon termination of the performance of 
 the duties herein prescribed as being the duties 
 of a public weighmaster. Such seal shall be of 
 a form and design prescribed by the state super- 
 intendent and furnished by him at the expense 
 of the weighmaster. Said seal shall be a recog- 
 nized authority of accuracy when applied to 
 weight certificates. [Amended, Stats. 1919, 
 Chapter 3^8.] 
 
DEPARTMENT WEIGHTS AND MEASURES. 25 
 
 SEC. 2. The state superintendent shall pre- weight 
 scribe a form of weight certificates to be used certificates. 
 by all public weighmasters, which certificates 
 shall be known as the "state certificate of 
 weights and measures," and shall state thereon 
 the kind of product, the number of units of the 
 same, the date of receipt of the product, the 
 owner, agent or consignee, the total weight of 
 the product, the vessel, railroad, team, or other 
 means by which the product was received, any 
 trade or other mark thereon, and such other in- 
 formation as may be necessary to distinguish or 
 identify the product from a like kind. No cer- 
 tificate other than the one herein prescribed 
 shall be used by public weighmasters. 
 
 SEC. 3. All public weighmasters shall keep Records, 
 and preserve correct and accurate records of all 
 public weighings, as provided by this act, which 
 records shall at all times be open for inspection 
 by the State Superintendent of Weights and 
 Measures, or his deputy. 
 
 SEC. 4. All state certificates of weights and Accurate 
 measures, as provided by this act, shall contain 
 the accurate and correct weight of any and all 
 commodities weighed when issued by the public 
 weighmaster. 
 
 (a) Any public weighmaster who shall issue Penalty for 
 a state certificate of weights and measures 
 giving a false weight or measure of any article 
 or commodity weighed or measured by him, or 
 his representative, to any person, firm or corpo- 
 ration, shall be guilty of a misdemeanor, and 
 the state superintendent may direct and compel 
 the return to him of the state seal, or declare 
 his bond as public weighmaster forfeited, or 
 both. 
 
 SEC. 5. Any person, firm, corporation, who Penalty for 
 shall request the public weighmaster, or any false 
 person employed by him to weigh any product, 
 commodity, or article falsely or incorrectly, or 
 who shall request a false or incorrect state 
 certificate of weight and measure, or any per- 
 son issuing a state certificate of weights and 
 measures who is not a public weighmaster as 
 provided for in this act, shall be guilty of a 
 misdemeanor. [Amended, Stats. 1919, Chapter 
 348.] 
 
 SEC. 6. When doubt or differences arise as Reweighing 
 to the correctness of the net or gross weight of jj * c of 
 any amount of part of any commodity, produce, 
 or article for which a state certificate of weights 
 and measures has been issued by a public 
 weighmaster, the owner, agent, or consignee 
 may, upon complaint to the state superintend- 
 ent of weights and measures, or his deputy, 
 
liO GENERAL LAWS. 
 
 have said amount or part of the amount of any 
 commodity, produce, or article, reweighed by 
 the state superintendent of weights and meas- 
 ures, or a public weighmaster designated by 
 him, upon depositing a sufficient sum of money 
 to defray the actual cost of reweigh with the 
 state superintendent of weights and measures. 
 If, on reweighing, a difference in the original 
 weight is discovered as the result of fraud, 
 carelessness, or faulty apparatus, the cost of 
 reweighing shall be borne by the public weigh- 
 master responsible for the issuance of such 
 faulty state certificate of weights and measures. 
 All public weighinasters employing or desig- 
 nating any person to act for them as deputy 
 public weighmaster, shall be responsible for all 
 acts performed by such person, and the public 
 weighmaster shall forward to the state superin- 
 tendent of weights and measures the name and 
 address of persons so appointed. [Amended, 
 Stats. 1919, Chapter 348.] 
 
 Lots piled $EC. 7, All amounts, lots, shipments, or 
 ' consignments of products, after having been 
 weighed, shall be piled or stored separately, as 
 near as can be, or in some manner marked in 
 order that said amounts, lots, shipments, or 
 consignments may be distinguished from each 
 of a like kind. When any product is sold sub- 
 ject to public weighmaster weights, such weight 
 shall be the true net weight of the product. 
 
 Net weight. Net we i g ht within the meaning of this act shall 
 be the correct or actual weight of the com- 
 modity excluding the weight of the container. 
 [Amended, Stats. 1919, Chapter 348.] 
 
 Penalty. SEC. 7. Any person violating any of the 
 
 provisions of this act shall be guilty of a mis- 
 demeanor. [Added, Stats. 1919, Chapter 348.] 
 
 Appro- SEC. 8. There is hereby appropriated out of 
 
 priation. the genera i f un( j o f the state, three thousand 
 dollars, for carrying into effect the provisions 
 of this act. 
 
 Repealed. SEC. 9. All acts or parts of acts in conflict 
 
 with the provisions of this act are hereby 
 repealed. 
 
DEPARTMENT WEIGHTS AND MEASURES. 27 
 
 HAY BALING ACT. 
 
 An act relating to baling of hay; defining hay "baler; 
 providing regulations governing the baling of hay; 
 providing for the sale of hay ly net weight; providing 
 penalties for any violation of the provisions of this 
 act. 
 
 [Approved May 19, 1919.] 
 
 SECTION 1. The term "baler" or "presser" Definition, 
 as referred to in this act shall mean the person, 
 firm, association, or corporation owning or 
 having possession of or operating a hay press. 
 
 SEC. 2. Any person baling hay for com- How 
 pensation shall employ scales that have been weighed, 
 tested and sealed by the sealer of weights and 
 measures and any record of weight forming the 
 basis in settlement for baling hay shall be the 
 true net weight of the baled hay ; and any 
 record of weight forming the basis of settlement 
 in the sale or purchase of baled hay shall be the 
 true net weight of such baled hay. 
 
 SEC. 3. No baler or presser of hay shall put Fraud in 
 or conceal in any such bale of hay anything weight, 
 whatever for the purpose of increasing the 
 weight of such bale with intent to defraud. 
 
 SEC. 4. Hay when sold, offered, or exposed HOW sold, 
 for sale shall be sold by avoirdupois weight and 
 a ton shall consist of two thousand pounds net 
 weight ; providing, however, that hay may be 
 sold by the bale in which case the net weight 
 of the bale shall be indicated on a tag securely 
 fastened to the bale. 
 
 SEC. 5. When any hay is shipped by a com- Broken 
 mon carrier in bales and where such bales 1)ales< 
 become broken, the approximate weight of such 
 broken bales shall be included in the total 
 weight of the hay shipped. 
 
 SEC. 6. Any person, firm or corporation, Penalty, 
 violating any of the provisions of this act shall 
 bo guilty of a misdemeanor and shall be pun- 
 ished by a fine of not less than fifty dollars, or 
 more than one hundred dollars. 
 
INDEX. 
 
 WEIGHTS AND MEASURES ACT. 
 
 Section 
 
 APPROPRIATION 42 
 
 CORPORATIONS, officers to comply with act 40 
 
 NET WEIGHT, NET MEASURE, ETC. 
 
 commodities sold at other than, penalty 32a 
 
 established 6 
 
 PACKAGES, ETC. 
 
 under weight, sale prohibited 32 
 
 weighing by sealer 29 
 
 PENALTIES. 
 
 commodities, refusing to exhibit 36 
 
 commodity under weight, sale of 32 
 
 corporation officers, violating act 40 
 
 false sealer, use of 32 
 
 net weight, sale at other than violation 32a 
 
 prosecution of violators 30 
 
 scales, refusing to exhibit 35 
 
 sealer, false sealing by 37 
 
 sealer, hindering 34 
 
 sealer's tag, removal of 31 
 
 standards, violating 6 
 
 untested scales, use of 32 
 
 violation of act 38 
 
 SCALES. 
 
 assembled, test of 27 
 
 correct sealing of 31 
 
 dealers, test of 24, 25 
 
 false, use prohibited 32 
 
 incorrect, repair of 31 
 
 incorrect, seizure of 31 
 
 out of order, repair of 31 
 
 refusal to exhibit 35 
 
 state institutions, tests in 10 
 
 superintendent, etc., not to be interested in sale 12 
 
 tests, animal 26 
 
 tests by national bureau, inspection 26 
 
 tests upon request 28 
 
 tolerances and specifications 6 
 
 untested, use prohibited 32 
 
 SEALERS. 
 
 appointment 16 
 
 charges by superintendent 12 
 
 cities, not affected in, when 19 
 
 counties first to thirty-fifth class 17 
 
 counties above thirty-fifth class 17 
 
 defined 16 
 
 duties 29 
 
 false sealing ; penalty 37 
 
 inspection by superintendent 11 
 
 instructions by superintendent 14 
 
 jurisdiction 18 
 
 packages, the weighing of 29 
 
 prosecution of violators 30 
 
 report to superintendent 23 
 
 salaries 16, 17 
 
 standards, tests of copies 21 
 
 term 16, 17 
 
 tests on request 28 
 
30 INDEX. 
 
 STANDARDS OF WEIGHTS AND MEASURES. 
 
 copies Section 
 
 counties, etc., furnished to 8 
 
 counties, etc., to secure 20 
 
 evidence in trial 22 
 
 expense of comparing 9 
 
 inspection 9 
 
 state use 9 
 
 tests 8, 21 
 
 custody 6 
 
 established 5 
 
 STATE INSTITUTIONS, test of scales in 10 
 
 SUPERINTENDENT OF WEIGHTS AND MEAS- 
 URES. 
 
 appointment 1 
 
 bond 2 
 
 charges against sealers 12 
 
 deputies 
 
 appointment, salaries, etc 3 
 
 assignment as sealers 16 
 
 counties over thirty-fifth class 17 
 
 expenses 4 
 
 investigations by 13 
 
 inspection of local sealers 11 
 
 peace officer, power of 33 
 
 records on file 15 
 
 report 13 
 
 salary 2 
 
 sealer, has power of 11 
 
 term 2 
 
 tests by, same force as sealer's 41 
 
 TESTS. 
 
 copies of standards 8,21 
 
 request of person, firm, etc 28 
 
 required by sealer 29 
 
 TITLE 43 
 
 TOLERANCES AND SPECIFICATIONS, established- 6 
 
 WEIGHTS AND MEASURES, standards established. 5 
 
 NET CONTAINER ACT. 
 
 CONTAINER, net quantity marked on 4 
 
 DISCREPANCY IN WEIGHT. 
 
 commodity received by seller 8 
 
 shrinkage, etc., unavoidable 7 
 
 EXCEPTIONS, bulk, sale from 6a 
 
 containers complying with United States require- 
 ments 12a 
 
 medicines 6d 
 
 ornamental container 6b 
 
 two ounces or less, etc 6c 
 
 FALSE BOTTOMS, prohibited 10 
 
 METRIC SYSTEM, use permitted 5b 
 
 NET QUANTITY, marked on container 4 
 
 PENALTY 11 
 
 PERSON, defined 9 
 
 PURPOSE _. 2 
 
INDEX. 31 
 
 QUANTITY. Section 
 
 designation of brine, etc., when packed in 5f 
 
 fluids, term of 5c 
 
 liquid measure, terms of 5b 
 
 minimum 5e 
 
 numerical count 5d 
 
 solids, terms of 5c 
 
 trade custom, according to 5c 
 
 viscous or semisolid foods 5f 
 
 weight, terms of 5b 
 
 REPEAL, of conflicting acts 12 
 
 SUPERINTENDENT OF WEIGHTS AND MEAS- 
 URES, enforcement of act 12b 
 
 TITLE 1 
 
 APPLICATION 3 
 
 CONTAINER, defined 10 
 
 WEIGHMASTER ACT. 
 
 APPROPRIATION 8 
 
 EXCEPTIONS, scales outside of city 1 
 
 NET WEIGHT, denned 7 
 
 PENALTY. 
 
 false measurement, requesting 5 
 
 false weight certificates 4a 
 
 violation of act 7a 
 
 PUBLIC WEIGHTMASTER. 
 
 bond 1 
 
 defined 1 
 
 deputies, responsible for 6 
 
 false certificates, penalty for giving 4a 
 
 records 3 
 
 REPEAL, of conflicting acts 9 
 
 REWEIGHING, in case of doubt 6 
 
 SEALS. 
 
 form la 
 
 property of state la 
 
 provided by superintendent 1 
 
 SEPARATE LOTS, after weighing 7 
 
 WEIGHT CERTIFICATE. 
 
 accurate weight 4 
 
 false, penalty for giving 4a 
 
 false, requesting penalty 5 
 
 form _. 2 
 
 HAY BALING ACT. 
 
 "BALER" OR "PRESSER," definition of 1 
 
 BALING, regulations governing. 
 
 bales, broken, approximate weight 5 
 
 Scales, to be tested and sealed 2 
 
 shall .not conceal anything in bale 3 
 
 tag, to be fastened to bale 4 
 
 ton, two thousand pounds 4 
 
 true net weight, basis for settlement 2 
 
 weight, avoirdupois 4 
 
 VIOLATION OF ACT, penalty for 6 
 
 404C4 7-19 10M 
 
14 DAY USE 
 
 RETURN TO DESK FROM WHICH BORROWED 
 
 LOAN DEPT. 
 
 This book is due on the last date stamped below, or 
 
 on the date to which renewed. 
 Renewed books are subject to immediate recall. 
 
 28Jan5?CB 
 
 REC'D LD 
 
 JAN . a 1957 
 
 General Library 
 University of California 
 
Photomount 
 
 Pamphlet 
 
 Binder 
 
 Gsylord Bros., Inc. 
 
 Makers 
 Stockton, Calif. 
 
 PAT. JAN. 21. 1908 
 
 965333 
 
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